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

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, MONDAY, JUNE 27, 2005 No. 87 House of Representatives The House met at 12:30 p.m. and was dishonest, which again is his right Yet Mr. Rove would lie to the Amer- called to order by the Speaker pro tem- under the first amendment to the Con- ican people and characterize that deci- pore (Mr. ADERHOLT). stitution, but ought not to be a right sion to go to war in defense of the f which high officials of the Federal Gov- country as indictments and therapy ernment avail themselves of so freely. and understanding. DESIGNATION OF SPEAKER PRO Mr. Rove lied. The speech consists of Shortly after that, on the Judiciary TEMPORE a number of conscious, deliberate lies, Committee on which I then served, we The SPEAKER pro tempore laid be- particular ones and general ones. Here spent a couple of weeks dealing with fore the House the following commu- is what he said in his effort to further what should be done to increase the nication from the Speaker: the deep polarization of this country law enforcement powers of this coun- from which he believes his side will try. And we voted out a bill by a unani- WASHINGTON, DC, mous vote of 36 to 0. There are a num- June 27, 2005. benefit if he is able to shape the way in I hereby appoint the Honorable ROBERT B. which it is perceived. ‘‘The most im- ber of liberals on that committee: My- ADERHOLT to act as Speaker pro tempore on portant difference between conserv- self, the gentlewoman from California this day. atives and liberals can be found in the (Ms. WATERS), the gentleman from Vir- J. DENNIS HASTERT, area of national security. Conserv- ginia (Mr. SCOTT), the most determined Speaker of the House of Representatives. atives saw the savagery of 9/11 in the defender of civil liberties I have ever f attacks and prepared for war. Liberals served with, the gentleman from North Carolina (Mr. WATT), the chairman on MORNING HOUR DEBATES saw the savagery of the 9/11 attacks and wanted to prepare indictments and our side, the ranking member, the gentleman from Michigan (Mr. CONYERS), The SPEAKER pro tempore. Pursu- offer therapy and understanding for the gentlemen from New York (Mr. ant to the order of the House of Janu- our attackers.’’ ary 4, 2005, the Chair will now recog- Mr. Speaker, that is a lie. It is a lie NADLER). nize Members from lists submitted by Mr. Speaker, there are a number of consisting of a number of lies. I am a Members deeply committed to lib- the majority and minority leaders for liberal, Mr. Speaker. And along with morning hour debates. The Chair will eralism. And we voted unanimously for many, many other liberals in this a bill that enhanced law enforcement alternate recognition between the par- Chamber, my response to the savage ties, with each party limited to not to powers. It was not therapy. It was not murders of Americans on 9/11 has no re- understanding. It was enhanced law en- exceed 30 minutes, and each Member, semblance to the political dishonesty except the majority leader, the minor- forcement powers. Now, it is true that that Karl Rove put forward. many of us subsequently voted against ity leader, or the minority whip, lim- I voted for war in Afghanistan. No ited to not to exceed 5 minutes. a very different bill that came to the one who serves here votes for war eas- floor. The Chair recognizes the gentleman ily. No one who has the responsibility But the version we reported out of from Massachusetts (Mr. FRANK) for 5 of defending the country can be cava- our committee was the one of which minutes. lier about sending the young men and the chairman of the Committee on the f women of our country off to battle, to Judiciary, the gentleman from Wis- kill and be killed. But the vote to go to KARL ROVE consin (Mr. SENSENBRENNER), boasted a war in Afghanistan, to authorize the while ago about his bipartisanship, be- Mr. FRANK of Massachusetts. Mr. President, in effect, to go to war, to cause it provided significantly en- Speaker, last week the Deputy Chief of take whatever measures were nec- hanced law enforcement powers. Staff of the President of the United essary, and we knew when we did that Sadly the Republican leadership then States, Karl Rove, a man who began as that we were talking about going after decided to kill that bill, and with no a political operator, and was rewarded the regime in Afghanistan which was debate, no chance to read it, substitute for his political successes by being sheltering that murderer, Osama bin a very different bill that many of us named to a very high position in the Laden, that vote was virtually unani- opposed on procedural as well as sub- administration—indeed, he is clearly as mous. There was one ‘‘no’’ vote here. stantive grounds. influential in shaping the policies of There were no ‘‘no’’ votes in the other But the fact is that the liberals on the Bush Administration as anyone body. the Judiciary Committee unanimously other than the President himself— There are a lot of liberals here, Mr. supported increased law enforcement made a speech which was harsh, as is Speaker. And virtually unanimously powers. So the notion that we were of- his right, but which was thoroughly we voted to go to war in Afghanistan. fering only therapy, that lie, is 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 04 2004 02:18 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.000 H27PT1 H5180 CONGRESSIONAL RECORD — HOUSE June 27, 2005 course refuted by the fact that we last day’s proceedings and announces tainer who always stayed close to his voted go to war. We voted for enhanced to the House his approval thereof. roots. Some of his great pieces were law enforcement powers. Pursuant to clause 1, rule I, the Jour- things like Mr. Kicks and, of course, But then comes the biggest lie of all. nal stands approved. his great song about the snake. What Mr. Rove appears to be trying to f I simply say to his wife Jean Pace, to do is to perpetuate one of the most their children, especially his daughter PLEDGE OF ALLEGIANCE damaging acts of dishonesty we have Maggie who is a great entertainer in seen from a President of the United The SPEAKER pro tempore. Will the her own right, that we appreciated hav- States, the argument that part of the gentleman from Massachusetts (Mr. ing the opportunity to know and ben- reason for invading Iraq was to defend FRANK) come forward and lead the efit from Oscar’s great works and wish ourselves against 9/11. That is, of House in the Pledge of Allegiance. you all much happiness as you con- course, what is implicit in Mr. Rove’s Mr. FRANK of Massachusetts led the tinue to live out his legacy. speech. He would put together the at- Pledge of Allegiance as follows: f tack of 9/11, and what we did in Iraq. I pledge allegiance to the Flag of the UNOCAL But, the fact is now very clear, the United States of America, and to the Repub- Iraqi regime, despicable as it was, was lic for which it stands, one nation under God, (Mr. NEY asked and was given per- not involved in the murders of 9/11. The indivisible, with liberty and justice for all. mission to address the House for 1 war in Iraq was not based on an effort f minute and to revise and extend his re- to deal with 9/11. That was the war in marks.) PATRIOTIC SPIRIT Mr. NEY. Mr. Speaker, I rise today to Afghanistan, which we supported. request that the Bush administration So what you have from Mr. Rove, I (Ms. FOXX asked and was given per- review, under the Committee on For- would say in conclusion, Mr. Speaker, mission to address the House for 1 eign Investment in the United States, is a couple of specific lies in pursuit of minute.) the Chinese National Offshore Oil Cor- a very big one, a big one that tries to Ms. FOXX. Mr. Speaker, it was my poration’s bid to purchase Unocal. get America to forget how dishonestly great pleasure this weekend to attend a wonderful patriotic program at Calvary Mr. Speaker, at a time of rising this administration argued for the war prices on global oil supplies, ready ac- in Iraq. Baptist Church in Winston-Salem entitled, ‘‘Our Flag Was Still There.’’ cess to energy resources is vital to our f Interspersed with music and narration economic security. It is imperative RECESS were reminders of times our country that the United States protect its access to these energy resources in order The SPEAKER pro tempore. Pursu- has been challenged and brave Ameri- to protect our economy and our na- ant to clause 12(a) of rule I, the Chair cans have risen to the challenge. As we approach the Fourth of July tional security. declares the House in recess until 2 This committee, chaired by Treasury and all the celebrations attendant to p.m. Secretary Snow, may block this for- Accordingly (at 12 o’clock and 38 it, it was gratifying to see a major eign acquisition of an American cor- minutes p.m.), the House stood in re- church in our area doing its part to re- poration if it finds that there is evi- cess until 2 p.m. mind us of our heritage and inspire dence that the Chinese National Off- people to pray for our country. I quote f shore Oil Corporation might take ac- Pastor Al Gilbert: ‘‘The flag is the tion that threatens our national secu- b 1400 symbol that has much standing behind rity. AFTER RECESS it. Today there are thousands of men Such a review is not unprecedented. and women wearing this flag on their The recess having expired, the House Mr. Speaker, in 2003, the committee re- sleeve and standing in harm’s way. We was called to order by the Speaker pro viewed a bid by Hong Kong-based must stand behind them as they stand tempore (Mr. RADANOVICH) at 2 p.m. Hutchinson Whampoa to purchase for what is behind the flag. We remem- f Global Crossing, and earlier this year ber those who made this a great Nation the committee reviewed the sale of PRAYER and we invite you to join us in praying IBM’s personal computer business to for the needs of our country today.’’ The Chaplain, the Reverend Daniel P. the Chinese firm, the Lenovo Group. Coughlin, offered the following prayer: Associate Pastor Larry White: ‘‘You Should the committee determine Lord God, the Book of Proverbs tells are exercising your right to celebrate that this acquisition threatens the na- us of Your care and concern for leaders: and worship freely in our great coun- tional security of the United States, it ‘‘Discretion will watch over you. Un- try. In light of the threat to the safety could ultimately issue a suspension or derstanding will guard you.’’ and peace our country has faced in re- a denial. Lord, without discretion, power and cent years and our current world condi- Whether the Chinese National Off- position may be wasted and personal tion, we especially want to honor the shore Oil Corporation’s actions, virtues produce nothing. men and women who sacrifice that we through the takeover of Unocal, will As a special aspect of prudence, dismay be sustained. We salute you and threaten our national security is not cretion enlightens a person to one’s your commitment to our country.’’ yet known; however, they justify a true motives in acting and inspires I am grateful to all of the folks at thorough review. Calvary, and all the other churches in multiple means to achieve one’s goal. f So fill Members of the House of Rep- our country that will have similar pro- resentatives with discretion this week. grams this weekend, for their patriotic CONGRATULATING THE UNIVER- May they be discreet in what they spirit and their prayers. SITY OF TEXAS LONGHORNS ON say and discreet in what they do. Since f WINNING THE 2005 COLLEGE they have such an impact on so many WORLD SERIES EXTENDING CONDOLENCES TO THE people, they need to be mindful that in- (Mr. SMITH of Texas asked and was FAMILY OF OSCAR BROWN, JR. discreet thoughts boomerang their given permission to address the House sting when they come to light in word (Mr. DAVIS of Illinois asked and was for 1 minute and to revise and extend or deed. given permission to address the House his remarks.) In Your sight, O Lord, discretion is for 1 minute and to revise and extend Mr. SMITH of Texas. Mr. Speaker, it the better part of valor now and al- his remarks.) is a privilege to congratulate the Na- ways. Mr. DAVIS of Illinois. Mr. Speaker, I tion’s 2005 College World Series cham- Amen. come to the floor today to extend con- pions, the University of Texas f dolences to the family of a dear friend Longhorns. of mine and a friend of all people who This is an amazing sixth national THE JOURNAL love culture, art, music, literature. title for the Longhorns. It also rep- The SPEAKER pro tempore. The Oscar Brown, Jr., died a few days ago, resents a record 32nd trip to the Col- Chair has examined the Journal of the and of course, Oscar was a noted enter- lege World Series.

VerDate Aug 04 2004 02:18 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.002 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5181 The Longhorns’ win caps off another used in handling and questioning the profit sectors, including the Federal Govern- impressive season of University of enemy combatants we have detained ment and State and local governments; and Texas baseball. The team had a com- there. Whereas the current laws of the United bined 51–16 record in the regular season After hearing months of criticism States, such as the American Dream Down- payment Act, encourage homeownership and and the playoffs, setting up another op- from the left and hearing our military should continue to do so in the future: Now, portunity to compete for the national men and women compared to Nazis and therefore, be it championship. Guantanamo described as a gulag, I Resolved, That the House of Representa- Under the guidance of Coach Augie was glad for the opportunity to see the tives— Garrido, the Longhorns went facility myself. (1) fully supports the goals and ideals of undefeated in their five games of the Do my colleagues know what I found? National Homeownership Month; and series, pulling off a 6–2 victory over the I found Guantanamo to be a well-run, (2) recognizes the importance of home- Florida Gators in the final match-up secure facility that is essential in our ownership in building strong communities and families. on Sunday. fight in protecting America from ter- Credit for this outstanding victory is rorism. The SPEAKER pro tempore. Pursu- due to the entire Longhorns’ baseball For weeks and months, we have been ant to the rule, the gentleman from team, coaching staff, and the athletic told that the place was violating vir- Ohio (Mr. NEY) and the gentleman from department at the University of Texas. tually every standard of decency in the Massachusetts (Mr. FRANK) each will Special recognition for the win is free world. Well, these detainees do get control 20 minutes. also owed to the most outstanding 3 meals a day. They are allowed to wor- The Chair recognizes the gentleman player of the series, third baseman ship. They are receiving health care. from Ohio (Mr. NEY). David Maroul. His six hits and six runs I hope that the Democrats who know Mr. NEY. Mr. Speaker, I yield myself were a major factor in the Longhorns’ that to be true, who were with us, who such time as I may consume. championship win. viewed all the work at Guantanamo, Mr. Speaker, I rise today in support Mr. Speaker, congratulations go to will take a stand and tell the truth of H. Res. 312 which recognizes Na- Coach Garrido and all the Longhorn about Guantanamo and the wonderful tional Homeownership Month and the players on their great victory. men and women in our military who importance of homeownership in the United States. It is offered by the gen- f are serving there, working to keep America safe. tleman from California (Mr. GARY G. GUANTANAMO PROTECTS MILLER), my colleague and friend, who AMERICAN FAMILIES f could not be here this moment to carry (Mr. WILSON of South Carolina ANNOUNCEMENT BY THE SPEAKER it. He has done a lot of great work on asked and was given permission to ad- PRO TEMPORE it. dress the House for 1 minute and to re- The SPEAKER pro tempore. Pursu- It has very good sponsors, also the vise and extend his remarks.) ant to clause 8 of rule XX, the Chair gentleman from Ohio (Chairman Mr. WILSON of South Carolina. Mr. will postpone further proceedings OXLEY); the gentleman from Massachu- Speaker, on Saturday, I was grateful to today on motions to suspend the rules setts (Mr. FRANK), our ranking mem- join a 16 member delegation led by the on which a recorded vote or the yeas ber; of course myself and the gentle- gentleman from California (Mr. and nays are ordered, or on which the woman from California (Ms. WATERS); HUNTER), the Committee on Armed vote is objected to under clause 6 of the gentlewoman from Florida (Ms. Services chairman, to view the deten- rule XX. HARRIS) and other supporters. This res- tion facilities at Guantanamo Bay, Record votes on postponed questions olution is a testament to the benefits Cuba. will be taken after 6:30 p.m. today. of a strong and robust housing market In the extensive briefings by Briga- in this country. f dier General Jay Hood with representa- A home is more than just the symbol tives of JAG, Naval medicine, the FBI, RECOGNIZING NATIONAL HOME- of the American dream. It is the back- and interrogators, I am convinced we OWNERSHIP MONTH AND THE IM- bone of our American way of life. have patriotic professionals conducting PORTANCE OF HOMEOWNERSHIP Over the past 3 years, the housing a humane mission to protect American IN THE UNITED STATES market has driven the national econ- families in the war on terrorism. The Mr. NEY. Mr. Speaker, I move to sus- omy as Americans bought and refi- detainees’ meal was as good as any I pend the rules and agree to the resolu- nanced homes in record numbers. Many had in my 31 years of Army Guard serv- tion (H. Res. 312) recognizing National regions were spared the worst of the re- ice, and I can see why the prisoners Homeownership Month and the impor- cent recession due to the strength of this year gained 5 pounds over last tance of homeownership in the United some local housing markets. year. States. Today, the housing sector directly I urge all of my colleagues to visit The Clerk read as follows: accounts for about 14 percent of the country’s total gross domestic product. the base to learn firsthand of the hard- H. RES. 312 core killers who are detained as inter- Building a home involves multiple seg- Whereas the President of the United States ments of our economy, including build- rogation proceeds to secure intel- has issued a proclamation designating the ligence on terrorist cells. Not a single month of June 2005 as National Homeowner- ers, bankers, mortgage lenders, real- life has been lost at Guantanamo, but ship Month; tors and numerous other people that thousands of lives have been saved in Whereas the national homeownership rate are involved in this whole process. the Middle East, Europe and America in the United States has reached a record June is National Homeownership because of information which enables high of 69.1 percent and more than half of all Month, and so many of our partners terrorists to be arrested before they minority families are homeowners; celebrate this because in America, Whereas the people of the United States murder at random. every citizen, regardless of race, creed, are one of the best-housed populations in the color or place of birth, has the oppor- In conclusion, God bless our troops world; and we will never forget September 11. Whereas owning a home is a fundamental tunity and should have the opportunity f part of the American dream and is the larg- to own a home of their own. est personal investment many families will Homeownership creates community GITMO ever make; stakeholders who tend to be active in (Mrs. BLACKBURN asked and was Whereas homeownership provides eco- charities, churches, and neighborhood given permission to address the House nomic security for homeowners by aiding activities. Homeownership inspires for 1 minute and to revise and extend them in building wealth over time and civic responsibility, and homeowners her remarks.) strengthens communities through a greater are more likely to vote and get in- stake among homeowners in local schools, Mrs. BLACKBURN. Mr. Speaker, I civic organizations, and churches; volved with local issues. Families own- too just returned from a bipartisan del- Whereas improving homeownership oppor- ing a home offer children a stable liv- egation to Guantanamo Bay, Cuba in tunities requires the commitment and co- ing environment, and in many cases it order to review the procedures that are operation of the private, public, and non- influences their personal development

VerDate Aug 04 2004 02:18 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.004 H27PT1 H5182 CONGRESSIONAL RECORD — HOUSE June 27, 2005 in many positive, measurable ways, at has taken the lead by looking into cre- National Homeownership Month. I ap- home and also at school. ative ways to reform the Rural Hous- preciate my colleagues who do so much Homeownership’s potential to create ing Service. to try to help people in homeowner- wealth is impressive, too. For the vast On March 1, I introduced, along with ship, and I support this resolution. majority of families, the purchase of a the gentleman from Pennsylvania (Mr. Mr. Speaker, I reserve the balance of home represents the path to pros- KANJORSKI) and many others, the bi- my time. perity. A home is the largest purchase partisan Responsible Lending Act, Mr. FRANK of Massachusetts. Mr. most Americans will ever make in which aims to stop abusive lending Speaker, I yield myself such time as I their lifetime. It is a tangible asset practices while allowing the mortgage may consume. that builds equity, good credit, bor- market to continue to offer affordable I am very pleased to join in support rowing power and overall wealth. credit. I have taken a great deal of of this resolution. Indeed, I was a Today, nearly 70 percent of American time to investigate and find solutions prime cosponsor. The main sponsor is families own their own homes. And mi- to problems of abusive and predatory our colleague, the gentleman from nority homeownership rates, although lending practices, especially in the California (Mr. GARY G. MILLER), who they have reached an all-time high of subprime market. As the legislative comes to Congress with a distinguished almost 50 percent, that is not good. We process moves forward, we will con- record himself in building homes. have to work on that and give it spe- tinue to work to improve and refine This is a very important resolution, cial effort to get those homeownership this bill, I would note. particularly at this time, because we rates higher. While homeownership is a desired have, I think, an excessive degree of goal for many Americans, I would be concern right now about homeowner- b 1415 remiss if I did not mention that today ship and its role in the economy. While many gains have been made, we know there are people who are not Obviously, speculation is never a lagging minority homeownership rates ready to own their own home, and we good thing. But those who argue that are a serious concern to this House. Mi- cannot forget about that. So it is housing prices are now at the point of nority households are expected to ac- therefore prudent that we continue to a bubble seem to be missing a very im- count for two-thirds of household pursue alternatives to make sure that portant point. Unlike previous exam- growth over the coming decade. affordable rental housing is available. I ples, where substantial excessive infla- Improving the ability of such house- am working with members of the com- tion of prices later caused some prob- holds to make the transition to home- mittee to craft solutions that will ad- lems, we are talking here about an en- ownership will be an important test of dress the effectiveness and efficiency of tity, homeownership, homes, where the Nation’s capacity to create eco- the government’s role in the adminis- there is not the degree of leverage that nomic opportunity for minorities and tration of the section 8 program. we have seen elsewhere. immigrants and to build strong, stable We had some roundtables, which the This is not the dot-com situation. We communities. gentleman from Massachusetts (Mr. had problems with people having in- Last Congress, the Subcommittee on FRANK), the gentlewoman from Cali- vested in business plans for which Housing and Community Opportunity, fornia (Ms. WATERS), the gentlewoman there was no reality and people build- I am pleased to report, assisted in the from New York (Ms. VELA´ ZQUEZ), the ing fiber-optic cable for which there successful enactment of 17 housing-re- gentleman from Alabama (Mr. BACHUS) was no need. Homes that are occupied lated bills. Through bipartisan co- and others participated in; and I think may see an ebb and flow in the price at operation with our ranking member, those are good, effective ways to bring a certain percentage level, but you will the gentlewoman from California (Ms. people to the table so they can have an not see the collapse that you see when WATERS); the gentleman from Ohio energetic give-and-take about section 8 people talk about a bubble. (Mr. OXLEY); and the gentleman from and where we are. So those of us on our committee in Massachusetts (Mr. FRANK), who I recognize there are key questions particular will continue to push for worked on a good piece of legislation, regarding funding of the Housing homeownership. And I very much agree we were able to enact these pieces of Choice Voucher Program. It is my hope with the gentleman from Ohio who has legislation today to make existing to focus strictly on proposals to reform chaired the Subcommittee on Housing housing programs work better. the program to make it a viable alter- and Community Opportunity of the Our work continues, however, in the native in the future. The longer we Committee on Financial Services 109th Congress. The Subcommittee on wait to address the increasing costs of about the importance of this and about Housing and Community Opportunity the section 8 program, the greater the the various ways in which we do that. will hold a hearing this Thursday on risk there is to the section 8 program Obviously, the market will take care the recently introduced Zero Downpay- as well as other programs in HUD that of a large number of people, but it will ment Pilot Program Act of 2005. This will most surely suffer with some addi- not take care of everybody. And if we was introduced by the gentleman from tional problems. are going to expand homeownership, Ohio (Mr. TIBERI) and the gentleman I would also note in this process that there will have to be a sensible set of from Georgia (Mr. SCOTT). This legisla- I think we have to come to an agree- public policies, such as reducing the tion, which was first introduced last ment in terms of what we are going to downpayment in the FHA, such as pro- Congress, would provide a program to do with section 8; but I believe the tecting people from lending practices eliminate the downpayment require- whole community in the United States, that may at first seem to benefit them ment for certain families and individ- housing authorities and others, needs but then victimize them. And I hope uals who buy homes with FHA-insured to catch their breath. We cannot have our committee will pass legislation mortgages. Changes have been made one proposal one year that will com- that will protect people against that. from last year’s bill that would make pletely alter it and the next year we We also have pending now, and it it a pilot program and limits the pro- see the same thing. So that is why I came out of our committee, legislation gram to 50,000 loans. think the roundtables are productive dealing with those government-spon- It is also my hope to look into the re- ways to look at changes we can agree sored enterprises whose function is to cent legislation introduced by the gen- to. promote homeownership and homes in tleman from Pennsylvania (Mr. We have much to achieve together general, the Federal Home Loan Banks, FITZPATRICK), which deals with the for the American people, and our best Freddie Mac and Fannie Mae. And I issue of reverse mortgages. More spe- hope for being successful is to work in hope that legislation along the lines cifically, it would remove completely close concert with each other, guided that came out of our committee, which the statutory limitation, or ceiling, by the same high standards and prin- enhances the regulatory regime but and the aggregate number of mort- ciples and motivated by the same does not intrude unduly on their abil- gages that may be insured. goals. ity to function, will be maintained. In the area of rural housing, the gen- Those are a few things, Mr. Speaker, I also want to express my apprecia- tleman from Kentucky (Mr. DAVIS), that have gone on here in the House as tion to the gentleman from Ohio for who will be speaking later on the floor, we mention H. Res. 312 for recognizing having noted a very important point

VerDate Aug 04 2004 02:18 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.006 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5183 that sometimes gets overlooked. Mr. GARY G. MILLER of California. Mr. the availability of housing in this country and Homeownership is an important part of Speaker, I rise today to celebrate homeowner- to find ways for government to positively im- our policy, but it is not the entire ship in America. pact homeownership in America. housing policy of the Federal Govern- Recently, President Bush designated June While we have done much to help Ameri- ment; nor is it the entire housing need as National Homeownership Month as he has cans become homeowners, we must do more. of the Nation. Some people will never done for the past three years. To complement We must remove the hurdles and needless own. There will be people who choose this designation, H. Res. 312, provides con- regulations that keep homeownership out of not to own; there will be people who for gressional recognition of National Homeowner- the reach of some American families. We their economic circumstances will not ship Month and the importance of homeowner- must also promote fair lending and fair hous- be able to own. And there is no conflict ship in the United States. ing regulations to increase housing opportuni- between promoting homeownership and This resolution expresses the sense of Con- ties for all Americans. With June designated recognizing that decent, affordable gress that the House of Representatives: (1) as National Homeownership Month, there is rental housing will also be very impor- Fully supports the goals and ideals of National no better time to address these issues. tant indefinitely for tens and tens of Homeownership Month; and (2) recognizes Now more than ever, Congress must cul- millions of Americans. the importance of homeownership in building tivate an environment in which more Ameri- I welcome the initiative that the gen- strong communities and families. cans may turn the dream of homeownership tleman from Ohio talked about with re- IMPORTANCE OF HOMEOWNERSHIP IN AMERICA into reality. gard to improving our public policies For generations, the goal of owning a home SUPPORT NATIONAL HOMEOWNERSHIP MONTH AND H. so that we are able to expand the stock has been the bedrock of our economy and a RES. 312 of affordable rental housing and do it I am very pleased to see the President has in a way that protects both the renters fundamental part of the American Dream. Over the last three years, as we have faced made it a priority to promote affordable hous- themselves and the taxpayers. ing and homeownership. I just want to add, as I bring these re- the challenges of war and economic uncer- His Administration has taken a leading role marks to a close, Mr. Speaker, and I tainty, the housing markets have helped to in finding new and innovative ways to expand enjoyed working with the gentleman keep our economy strong. Nationally, housing homeownership, particularly among minorities from California (Mr. GARY G. MILLER), generates more than 22 percent of the Gross and families in low-income areas. I commend that I want to pay tribute to a couple Domestic Product and accounts for nearly 40 the hard work of Secretary Jackson and his of organizations that have done a good cents of every dollar spent. team at HUD for their work in developing pro- deal to help us with this. I found the America’s housing markets are the envy of National Association of Home Builders the world. We enjoy the lowest interest rates grams to increase affordable housing and en- has been a very constructive partici- and the highest homeownership rates of any courage homeownership. pant in our efforts to promote home- developed nation. In fact, the national home- As a vital part of this goal, National Home- ownership. The National Association of ownership rate in the United States has ownership Month is a reminder of the impor- Realtors has also played a very useful reached a record high of 69.1 percent and tance of housing issues in America. This bi- role in helping us shape public policies more than half of all minority families are partisan resolution, H. Res. 312, recognizes that expand homeownership. homeowners. Over 73.4 million Americans are the need for National Homeownership Month There are also a variety of advocacy now homeowners, with many more achieving and the overall importance of homeownership groups that work with us so that we this goal every day. in America. I urge my colleagues to join me in can make homeownership available to Homeownership is the single largest creator supporting H. Res. 312 to reinforce our com- people who might not on their own in a of wealth for Americans. It is the largest in- mitment to housing opportunities and to help market situation be able to afford it, vestment most families will ever make and a guarantee the dream of homeownership for while those groups, of course, at the key to promoting long-term economic stability. more American families. same time, work with us on the need For these reasons, we must continue to pro- Mr. NEY. Mr. Speaker, I have no fur- for affordable housing. mote policies that ensure more Americans ther requests for time, and I yield back So as an example of what we are try- may achieve the goal of homeownership. the balance of my time. The SPEAKER pro tempore (Mr. ing to do for an overall comprehensive HOMEOWNERSHIP BUILDS STRONGER COMMUNITIES RADANOVICH). The question is on the housing policy, I very much support Aside from helping millions of Americans motion offered by the gentleman from this. And let us be clear: if a family is achieve their dreams, homeownership also Ohio (Mr. NEY) that the House suspend inadequately housed, if they either helps to build neighborhoods and strengthen the rules and agree to the resolution, have housing that is not adequate or communities. H. Res. 312. are paying far too much of their in- For families across this Nation, a home is The question was taken; and (two- come to get adequate housing, then a not just four walls and a roof. It is a refuge thirds having voted in favor thereof) degree of social disorganization can re- from the perils of the outside world, a break the rules were suspended and the reso- sult which causes problems elsewhere. after a hard day’s work, and a foundation on lution was agreed to. So maintaining a comprehensive set which to raise a family. A home is a place for A motion to reconsider was laid on of policies that expand housing oppor- children to learn, play, and grow, as well as a the table. tunities for people at various levels of place where the elderly may retire with a life- the income scale is a very important time of memories. f part of our responsibility, and I wel- Owning a home also provides homeowners GENERAL LEAVE come the chance to support this resolu- a tangible stake in their cities and towns. Fam- tion as an example of one important Mr. NEY. Mr. Speaker, I ask unani- ilies who own homes have a vital stake in their piece of that. mous consent that all Members may Mr. Speaker, I have no further re- communities, a stronger interest in the safe- have 5 legislative days in which to requests for time, and I yield back the keeping of their neighborhoods, and a deeper vise and extend their remarks on this balance of my time. commitment to the quality of their schools and legislation, House Resolution 312, and Mr. NEY. Mr. Speaker, I yield myself libraries. Each home is a critical piece in a to insert extraneous material into the such time as I may consume in closing successful neighborhood, allowing families to RECORD. to once again thank the gentleman enjoy community events together and share in The SPEAKER pro tempore. Is there from Massachusetts (Mr. FRANK) and the lives of their neighbors and friends. objection to the request of the gen- also reiterate that the gentleman from As millions of American families have dem- tleman from Ohio? California (Mr. GARY G. MILLER) has onstrated, increased homeownership helps to There was no objection. build better communities, and better commu- been very active and has been a great f member on the Subcommittee on Hous- nities help to build a better America. ing and Community Opportunity. CONGRESS’S ROLE IN PROMOTING HOMEOWNERSHIP LITTLE ROCK CENTRAL HIGH Along with a lot of our other col- As responsible legislators, we need to en- SCHOOL DESEGREGATION 50TH leagues, he has done a wonderful job on sure that government helps, rather than im- ANNIVERSARY COMMEMORATIVE the committee, and it has been a pleas- pedes, homeownership in America. When I COIN ACT ure having him on the committee. We came to Congress, I made it my top priority to Mr. DAVIS of Kentucky. Mr. Speak- also appreciate this resolution. highlight Federal policies that have hindered er, I move to suspend the rules and

VerDate Aug 04 2004 02:18 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.008 H27PT1 H5184 CONGRESSIONAL RECORD — HOUSE June 27, 2005 pass the bill (H.R. 358) to require the SEC. 5. ISSUANCE OF COINS. The SPEAKER pro tempore. Is there Secretary of the Treasury to mint (a) QUALITY OF COINS.—Coins minted under objection to the request of the gen- coins in commemoration of the 50th this Act shall be issued in uncirculated and tleman from Kentucky? anniversary of the desegregation of the proof qualities. (b) COMMENCEMENT OF ISSUANCE.—The Sec- There was no objection. Little Rock Central High School in retary may issue coins minted under this Mr. DAVIS of Kentucky. Mr. Speak- Little Rock, Arkansas, and for other Act beginning January 1, 2007, except that er, I yield myself such time as I may purposes, as amended. the Secretary may initiate sales of such consume, and I rise today in support of The Clerk read as follows: coins, without issuance, before such date. the Little Rock Central High School H.R. 358 (c) TERMINATION OF MINTING AUTHORITY.— Desegregation 50th Anniversary Com- Be it enacted by the Senate and House of Rep- No coins shall be minted under this Act after memorative Coin Act sponsored by the resentatives of the United States of America in December 31, 2007. gentleman from Arkansas (Mr. SNY- Congress assembled, SEC. 6. SALE OF COINS. DER). SECTION 1. SHORT TITLE. (a) SALE PRICE.—Notwithstanding any This Act may be cited as the ‘‘Little Rock other provision of law, the coins issued under Mr. Speaker, it is easy in 2005 to lose Central High School Desegregation 50th An- this Act shall be sold by the Secretary at a sight of how far we have come in fewer niversary Commemorative Coin Act’’. price equal to the sum of the face value of than 50 years of desegregation. No one SEC. 2. FINDINGS. the coins, the surcharge required under sec- will deny, and most also will admit, The Congress finds the following: tion 7(a) for the coins, and the cost of design- that we have much work to do. But as (1) September 2007, marks the 50th anniver- ing and issuing such coins (including labor, we approach 50 years of separation sary of the desegregation of Little Rock Cen- materials, dies, use of machinery, overhead tral High School in Little Rock, Arkansas. expenses, and marketing). from the mid- to late 1950s, when the (2) In 1957, Little Rock Central High was (b) BULK SALES.—The Secretary shall real work of desegregation was done, it the site of the first major national test for make bulk sales of the coins issued under is worthwhile to pause and reflect. The the implementation of the historic decision this Act at a reasonable discount. bill of the gentleman from Arkansas of the United States Supreme Court in (c) PREPAID ORDERS AT A DISCOUNT.— (Mr. SNYDER) gives us a perfect oppor- Brown, et al. v. Board of Education of Topeka, (1) IN GENERAL.—The Secretary shall ac- tunity to do just that. et al., 347 U.S. 483 (1954). cept prepaid orders for the coins minted A year or so ago, Congress approved under this Act before the issuance of such (3) The courage of the ‘‘Little Rock Nine’’ awarding a Congressional Gold Medal (Ernest Green, Elizabeth Eckford, Melba coins. Pattillo, Jefferson Thomas, Carlotta Walls, (2) DISCOUNT.—Sale prices with respect to for the principals of the landmark Terrence Roberts, Gloria Ray, Thelma prepaid orders under paragraph (1) shall be Brown v. Board of Education lawsuit Mothershed, and Minnijean Brown) who at a reasonable discount. that heralded the desegregation in the stood in the face of violence, was influential SEC. 7. SURCHARGES. Nation’s schools. Today, we will act on to the Civil Rights movement and changed (a) SURCHARGE REQUIRED.—All sales shall legislation to authorize a commemora- American history by providing an example include a surcharge of $10 per coin. tive coin, noting the first major test of on which to build greater equality. (b) DISTRIBUTION.—Subject to section the Supreme Court’s ruling in Brown. (4) The desegregation of Little Rock Cen- 5134(f) of title 31, United States Code, all sur- The nine African American students tral High by the 9 African American students charges which are received by the Secretary was recognized by Dr. Martin Luther King, from the sale of coins issued under this Act who, in the face of violence, were the Jr. as such a significant event in the strug- shall be promptly paid by the Secretary to first to desegregate Little Rock’s Cen- gle for civil rights that in May 1958, he at- the Secretary of the Interior for the protec- tral High School, themselves earlier tended the graduation of the first African tion, preservation, and interpretation of re- awarded Congressional Gold Medals, American from Little Rock Central High sources and stories associated with Little took a truly courageous step, later rec- School. Rock Central High School National Historic ognized by the Reverend Dr. Martin (5) A commemorative coin will bring na- Site, including the following: Luther King, Jr. when he attended the tional and international attention to the (1) Site improvements at Little Rock Cen- first graduation of African American lasting legacy of this important event. tral High School National Historic Site. SEC. 3. COIN SPECIFICATIONS. (2) Development of interpretive and edu- students from the school a year later. (a) DENOMINATIONS.—The Secretary of the cation programs and historic preservation Mr. Speaker, this legislation author- Treasury (hereinafter in this Act referred to projects. izes the striking in 2007 of as many as as the ‘‘Secretary’’) shall mint and issue not (3) Establishment of cooperative agree- 500,000 silver $1 commemorative coins, more than 500,000 $1 coins each of which ments to preserve or restore the historic at no cost to the taxpayers, with sur- shall— character of the Park Street and Daisy L. charges on the sale of the coins dedi- (1) weigh 26.73 grams; Gatson Bates Drive corridors adjacent to the cated to site improvements at the Lit- (2) have a diameter of 1.500 inches; and site. tle Rock Central High School National (3) contain 90 percent silver and 10 percent (c) LIMITATION.—Notwithstanding sub- copper. section (a), no surcharge may be included Historic Site, to development of inter- (b) LEGAL TENDER.—The coins minted with respect to the issuance under this Act pretive and educational programs at under this Act shall be legal tender, as proof any coin during a calendar year if, as of the site, to historic preservation vided in section 5103 of title 31, United States the time of such issuance, the issuance of projects there, and to the establish- Code. such coin would result in the number of comment of cooperative agreements to pre- (c) NUMISMATIC ITEMS.—For purposes of memorative coin programs issued during section 5136 of title 31, United States Code, serve or restore the historic character such year to exceed the annual 2 commemo- of the Park Street and Daisy L. Gatson all coins minted under this Act shall be con- rative coin program issuance limitation sidered to be numismatic items. under section 5112(m)(1) of title 31, United Bates Drive corridors adjacent to the SEC. 4. DESIGN OF COINS. States Code (as in effect on the date of the site. (a) DESIGN REQUIREMENTS.—The design of enactment of this Act). The Secretary of the Mr. Speaker, this legislation has 321 the coins minted under this Act shall be em- Treasury may issue guidance to carry out cosponsors, amply demonstrating its blematic of the desegregation of the Little this subsection. Rock Central High School and its contribu- broad bipartisan appeal. I urge imme- tion to civil rights in America. The SPEAKER pro tempore. Pursu- diate adoption. (b) DESIGNATION AND INSCRIPTIONS.—On ant to the rule, the gentleman from Mr. Speaker, I reserve the balance of each coin minted under this Act there shall Kentucky (Mr. DAVIS) and the gen- my time. be— tleman from Massachusetts (Mr. Mr. FRANK of Massachusetts. Mr. (1) a designation of the value of the coin; FRANK) each will control 20 minutes. (2) an inscription of the year ‘‘2007’’; and Speaker, I yield myself such time as I (3) inscriptions of the words ‘‘Liberty’’, ‘‘In The Chair recognizes the gentleman may consume. God We Trust’’, ‘‘United States of America’’, from Kentucky (Mr. DAVIS). I was a high school senior when the and ‘‘E Pluribus Unum’’. GENERAL LEAVE extraordinarily brave African Amer- (c) SELECTION.—The design for the coins Mr. DAVIS of Kentucky. Mr. Speak- ican students entered Little Rock High minted under this Act shall be— er, I ask unanimous consent that all School, and I very vividly remember (1) selected by the Secretary after con- Members may have 5 legislative days the combination of emotions I felt: sultation with the Commission of Fine Arts; and within which to revise and extend their shame, that the Nation of which I was (2) reviewed by the Citizens Coinage Advi- remarks on this legislation, H.R. 358, so proud was allowing the mistreat- sory Committee established under section and include extraneous material there- ment of these people who simply 5135 of title 31, United States Code. on. sought to get an education equal to

VerDate Aug 04 2004 02:18 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.009 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5185 that of their fellow students; admira- evidence than in the fall of 1957 in Lit- content will not pass until there is an tion, beyond admiration for their cour- tle Rock, Arkansas. In 1957, Little invigorating autumn of freedom and age; frustration at a Federal Govern- Rock Central High School was the site equality.’’ ment which was hesitant at first in its of the first major national test for the One September morning in 1957, on response; and anger at those who would implementation of the historic deci- the eve of the new school year, the cool betray the spirit of America by racially sion of the United States Supreme winds of change brushed across the city motivated assaults on these brave Court in Brown v. Board of Education of Little Rock, Arkansas. Nine young young people. of Topeka. President Eisenhower issued men and women decided they would This ended happily, but not nearly an Executive order directing marshals not settle for discontent. soon enough. It was an extraordinarily and troops under Federal authority to After the landmark case, Brown v. important event in this country, and it aid in the compliance of Federal law in Board of Education, which ruled in reminds us that you cannot correct Little Rock, Arkansas. favor of integrated schools, these nine evil. And we are talking here, in my The courage of the ‘‘Little Rock young men and women attended Little judgment, about a great social evil Nine,’’ Ernest Green, Elizabeth Rock Central High School. Despite the that plagued our country. You cannot Eckford, Melba Pattillo, Jefferson taunts, violence and venomous hatred confront it halfway. You cannot con- Thomas, Carlotta Walls, Terrence Rob- endured by these youth during their front it with the hope that if you just erts, Gloria Ray, Thelma Mothershed, tenure at Central High, they pressed on close your eyes and wish, things will and Minnijean Brown, who stood in the and pursued a dream for the millions of get better. You have to deal directly face of violence, was influential to the African Americans that cheered them with it. civil rights movement and changed on across the country. It is a very meaningful time for me b 1430 American history by providing an example on which to build greater equal- because I too lived at that time in Ar- We are a better Nation by far for the ity. kansas. I was born in a little city in events of these past years. And those The desegregation of Little Rock by the southeastern part of the State. In at Little Rock, these young people, and the nine African American students 1957, and I guess the gentleman from the adults who guided them and pro- was recognized by Dr. Martin Luther Massachusetts (Mr. FRANK) and I are tected them in the Little Rock commu- King as such a significant event in the kind of in the same age group; I, too, nity, deserve the continuing deep grati- struggle for civil rights that in May was a college freshman on the campus tude of this country for what they did. 1958 he attended the graduation of the of the University of Arkansas at Pine Mr. Speaker, I yield such time as he first African American from Little Bluff, which was then known as Arkan- may consume to the gentleman from Rock Central High School, Ernest sas A&M College about 45 miles from Arkansas (Mr. SNYDER) who represents Green. Little Rock. This was our daily news, Little Rock and has been the main ad- The 1957 crisis in Little Rock, our daily activity, our daily occur- vocate for this legislation. brought about by the desegregation of rences. Mr. SNYDER. Mr. Speaker, I thank Little Rock Central High School, was a I have been fortunate to know many the gentleman for yielding me this huge part of the march towards free- of the individuals who were intimately time, and thank the gentleman from dom and opportunity in America. A involved, such as Ernie Green. Kentucky (Mr. DAVIS) and the gen- 2007 commemorative coin issued by the Minnijean Brown and I spent part of a tleman from Ohio (Mr. OXLEY) and the U.S. Mint to honor the 50th anniver- weekend together down at Southern Il- committee staff on both sides of the sary of this important event will bring linois University last year. Melba aisle that worked on this bill. national and international attention to Pattillo’s mother was a teacher at the Last week at American University in its lasting legacy. school where I did student teaching, Cairo, Egypt, Secretary of State As indicated by the gentleman from and I have had a chance to know them. Condoleezza Rice made some remarks. Kentucky (Mr. DAVIS) the money Wallie Branton, who was the attorney Part of what she said, ‘‘When we talk raised from the sale of these coins pays intimately involved with the NAACP, I about democracy, though, we are refer- for the cost, there is no cost to the tax- knew him and his family; and Daisy ring to governments that protect cer- payers, and any moneys beyond the Bates, who was the leader of the tain basic rights for all their citizens. cost may be used to support the na- NAACP in Arkansas at that time, are Among these, the right to speak freely, tional historic site. all people with whom I have had an op- the right to associate, the right to wor- We all are aware of the difficulties portunity to interact and to get to ship as you wish, the freedom to edu- that some of our national parks now know. They were indeed a part of me cate your children, boys and girls, and have in meeting their basic infrastruc- and I am indeed a part of them. So I freedom from the midnight knock of ture needs, and the intent of this legis- take great personal pride in knowing the secret police.’’ lation is to provide supplementary that there will be recognition of this Secretary Rice continues, ‘‘Securing funds to the care and maintenance of historic struggle and the tremendous these rights is the hope of every cit- the Central Little Rock National His- courage displayed. izen, and the duty of every govern- toric Site. Again, I want to commend the gen- ment. In my own country, the progress Mr. Speaker, I recommend an aye tleman from Arkansas (Mr. SYNDER) of democracy has been long and dif- vote on the legislation. for his legislation which brings into ficult. And given our history, the Mr. FRANK of Massachusetts. Mr. work this commendation which puts a United States has no cause for false Speaker, I yield such time as he may footnote in another chapter of the his- pride, and we have every reason for hu- consume to the gentleman from Illi- toric struggle for equality and justice mility. After all, America was founded nois (Mr. DAVIS). in America. by individuals who knew that all Mr. DAVIS of Illinois. Mr. Speaker, I Mr. FRANK of Massachusetts. Mr. human beings and the governments thank the gentleman from Massachu- Speaker, I yield myself such time as I they create are inherently imperfect, setts (Mr. FRANK) for yielding me this may consume. and the United States was born half time. First, I want to thank the gentleman free and half slave. It was only in my I also want to commend the gen- from Illinois (Mr. DAVIS) for those re- lifetime that my government guaran- tleman from Arkansas (Mr. SYNDER) marks. He noted he was a freshman at teed the right to vote for all its people. for his introduction of this legislation college during this time. As a senior in ‘‘Nevertheless, the principles en- and the committee for moving it expe- high school, I certainly want to pay shrined in our Constitution enable citi- ditiously to the floor so it, in fact, can deference to my elders and thank the zens of conviction to move America be passed. gentleman for his remarks. closer every day to the ideal of democ- Mr. Speaker, I rise with great pride I also note for reasons that be of no racy.’’ That was Secretary of State to honor the legacy of the courageous interest to anybody outside this Cham- Condoleezza Rice in Cairo last week. Little Rock Nine. Dr. Martin Luther ber, a set of decisions, procedures, and Mr. Speaker, nowhere was the march King once said, ‘‘The sweltering sum- rules that we adopted earlier made it toward the ideal of democracy more in mer of the Negro’s legitimate dis- harder to bring this resolution to the

VerDate Aug 04 2004 02:18 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.010 H27PT1 H5186 CONGRESSIONAL RECORD — HOUSE June 27, 2005 floor than Members might have should this bill be the subject of a House- Mr. Speaker, as a testament to the impor- thought. Had we simply been consid- Senate conference. tance of this legislation, it is supported broadly ering the merits of this resolution, the I will include a copy of this letter and your and on a bipartisan basis by 321 Members. I response in the CONGRESSIONAL RECORD when commemoration for one of the great this bill is considered by the House. Thank urge its immediate passage. blows for freedom and against bigotry you again for your assistance. Ms. JACKSON–LEE of Texas. Mr. Speaker, in America, it would have been easy; Yours truly, I am pleased to be here today to be in support but there were a lot of complicating MICHAEL G. OXLEY, of the Little Rock Central High School Deseg- factors. Members should know it was Chairman. regation 50th Anniversary Commemorative the diligence, the persistence, occa- Coin Act. I would like to thank my colleague, sionally annoying, of the gentleman HOUSE OF REPRESENTATIVES, Congressman VIC SNYDER, for introducing this COMMITTEE ON WAYS AND MEANS, from Arkansas (Mr. SYNDER) that got important piece of legislation. Washington, DC, June 24, 2005. In 1957, Little Rock Central High School this bill to the floor. I am happy that Hon. MICHAEL G. OXLEY, we are passing this today commemo- Chairman, Committee on Financial Services, was the site of the first major national test for rating this great event, and I am also Rayburn House Office Building, Wash- the implementation of the U.S. Supreme happy that it is not a subject I will ington, DC. Court’s Brown v. Board of Education of To- have to discuss with the gentleman DEAR CHAIRMAN OXLEY: Thank you for peka decision and became the international from Arkansas for the next few your letter regarding H.R. 358, the ‘‘Little symbol of the end of racially segregated public Rock Central High School Desegregation months, it having occupied a great deal schools. 50th Anniversary Commemorative Coin The desegregation of Little Rock Central of my time previously. He deserves a Act,’’ which was reported to the House by great deal of credit for his diligence. High by nine African American students was the Committee on Financial Services on influential to the Civil Rights Movement, and I would just add, as the gentleman June 17, 2005. recognized by Dr. Martin Luther King, Jr. as from Illinois (Mr. DAVIS) and I remem- As you noted, the Committee on Ways and ber as contemporaries, I want to say a Means maintains jurisdiction over matters such a significant event in the struggle for civil word about social change. The people that concern raising revenue. H.R. 358 con- rights that in May 1958, he attended the grad- tains a provision that establishes a sur- uation of the first African American from Little who integrated Central High School charge for the sale of commemorative coins and the people who supported them, Rock Central High School. Moreover, it that are minted under the bill, and thus falls changed American history by providing an ex- the leaders of the NAACP and the within the jurisdiction of the Committee on ample on which to build greater equality, and black community in Little Rock and in Ways and Means. However, in order to expe- ultimately a better America. Arkansas, those who pressed a some- dite this bill for floor consideration, the Committee will forgo action. This is being H.R. 358, the Little Rock Central High what hesitant administration in Wash- School Desegregation 50th Anniversary Com- ington, DC to fully support them, they done with the understanding that it does not in any way prejudice the Committee with re- memorative Coin Act, will bring national and were not the moderates and centrists spect to the appointment of conferees or its international attention to the lasting legacy of of their day. Some thought they were jurisdictional prerogatives on this bill or this important event by creating a commemo- pushing too hard for their rights. Some similar legislation. rative coin for 2007, in recognition of the 50th thought they were being too obtrusive. I appreciate and agree to your offer to in- anniversary of the desegregation of Little Rock We are very grateful that they were. I clude this exchange of letters on this matter in the CONGRESSIONAL RECORD during floor Central High School. I am proud to be here hope people will study this event, and today to support this bill and I urge my col- the history that will come in part from consideration. Best regards, leagues to do the same. this bill, that will be financed in part BILL THOMAS, Mr. DAVIS of Kentucky. Mr. Speak- from this bill, and we hope from addi- Chairman. er, I have no further requests for time, tional appropriations, will be some- Mr. OXLEY. Mr. Speaker, the events of the and I yield back the balance of my thing people will pay attention to so last few weeks, culminating in the conviction time. they will understand both the depths of of an 80-year-old Klansman in the infamous The SPEAKER pro tempore (Mr. the problem that America confronted killing of three civil rights workers during RADANOVICH). The question is on the and the kind of moral and mental and 1964’s ‘‘Freedom Summer,’’ serve as a good motion offered by the gentleman from physical courage that it took to dis- reminder that this country has come a long Kentucky (Mr. DAVIS) that the House mantle it. distance in just a few short decades. suspend the rules and pass the bill, Mr. Speaker, I yield back the balance It is hard, from today’s vantage point, to re- H.R. 358, as amended. of my time. member a time—a time when some of to- The question was taken; and (two- Mr. DAVIS of Kentucky. Mr. Speak- day’s Members had not yet been born—when thirds having voted in favor thereof) er, I yield myself such time as I may schools were segregated, when bathrooms the rules were suspended and the bill, consume. were separate, when ‘‘back of the bus’’ was a as amended, was passed. Mr. Speaker, I include for the place where some had to ride whether they A motion to reconsider was laid on RECORD an exchange of correspondence liked it or not. the table. between the Committee on Financial Of course, tolerance is a job that requires f constant attention and improvement, but we Services and the Committee on Ways MILITARY PERSONNEL FINANCIAL should not lose sight of the good progress we and Means. SERVICES PROTECTION ACT HOUSE OF REPRESENTATIVES, have made. And so today, Mr. Speaker, con- COMMITTEE ON FINANCIAL SERVICES, sideration of legislation to commemorate the Mr. DAVIS of Kentucky. Mr. Speak- Washington, DC, June 24, 2005. desegregation of Little Rock Central High er, I move to suspend the rules and Hon. WILLIAM M. THOMAS, School is timely, or perhaps even overdue. pass the bill (H.R. 458) to prevent the Chairman, Committee on Ways and Means, Regardless, it is worthwhile for us to think for sale of abusive insurance and invest- House of Representatives, Longworth House a minute of the courage of nine African-Amer- ment products to military personnel, Office Building, Washington, DC. ican youngsters as they stood on the steps of as amended. DEAR CHAIRMAN THOMAS: I am writing con- that school. And it is important for us to think The Clerk read as follows: cerning H.R. 358, the ‘‘Little Rock Central H.R. 458 High School Desegregation 50th Anniversary of the courage of the idealistic youngsters, Commemorative Coin Act,’’ which will be white and black, who powered the civil rights Be it enacted by the Senate and House of Rep- scheduled for floor consideration in the near movement throughout the 1950s and early resentatives of the United States of America in future. 1960s. Congress assembled, I acknowledge your committee’s jurisdic- The legislation we consider today will go a SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tional interest in this bill and request your long way to preserving an historic symbol of (a) SHORT TITLE.—This Act may be cited as the ‘‘Military Personnel Financial Services cooperation in moving the bill to the House that desegregation fight. Surcharges on the floor expeditiously. I agree that your deci- Protection Act’’. sale of as many as half a million commemora- (b) TABLE OF CONTENTS.—The table of con- sion to forego further action on this bill will tents for this Act is as follows: not prejudice the Committee on Ways and tive silver dollars will pay for preservation pro- Means with respect to its jurisdictional pre- grams, and education programs at the site of Sec. 1. Short title; table of contents. rogatives on this or similar legislation. I the first important test of the Supreme Court’s TITLE I—INSURANCE AND INVESTMENT would support your request for conferees on landmark desegregation ruling in Brown v. PRODUCTS those provisions within your jurisdiction Board of Education. Sec. 101. Congressional findings.

VerDate Aug 04 2004 02:18 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0655 E:\CR\FM\K27JN7.012 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5187 Sec. 102. Prohibition on future sales of peri- ‘‘(B) for such company, or any depositor of section in consultation with any registered odic payment plans. or underwriter for any such company, or any national securities exchange providing infor- Sec. 103. Method of maintaining broker/deal- other person, to sell such a certificate. mation pursuant to paragraph (1)(B)(ii). er registration, disciplinary, ‘‘(2) NO INVALIDATION OF EXISTING CERTIFI- ‘‘(4) LIMITATION OF LIABILITY.—Such an as- and other data. CATES.—Paragraph (1) shall not be construed sociation, or an exchange reporting informa- Sec. 104. Filing depositories for investment to alter, invalidate, or otherwise affect any tion to such an association, shall not have advisers. rights or obligations, including rights of re- any liability to any person for any actions Sec. 105. State insurance and securities ju- demption, under any periodic payment plan taken or omitted in good faith under this risdiction on military installa- certificate issued and sold before 30 days subsection. tions. after such date of enactment.’’. ‘‘(5) DEFINITION.—For purposes of this sub- Sec. 106. Required development of military (b) TECHNICAL AMENDMENT.—Section section, the term ‘registration information’ personnel protection standards 27(i)(2)(B) of such Act is amended by striking means the information reported in connec- regarding insurance sales. ‘‘section 26(e)’’ each place it appears and in- tion with the registration or licensing of bro- Sec. 107. Required disclosures regarding life serting ‘‘section 26(f)’’. kers and dealers and their associated per- insurance. (c) REPORT ON REFUNDS, SALES PRACTICES, sons, including disciplinary actions, regu- Sec. 108. Improving life insurance product AND REVENUES FROM PERIODIC PAYMENT latory, judicial, and arbitration proceedings, standards. PLANS.—Within 6 months after the date of and other information required by law, or ex- Sec. 109. Required reporting of disciplined enactment of this Act, the Securities and change or association rule, and the source insurance producers. Exchange Commission shall submit to the and status of such information.’’. Committee on Financial Services of the Sec. 110. Reporting barred persons engaging SEC. 104. FILING DEPOSITORIES FOR INVEST- in financial services activities. House of Representatives and the Committee MENT ADVISERS. Sec. 111. Sense of Congress. on Banking, Housing, and Urban Affairs of (a) AMENDMENT.—Section 204 of the Invest- Sec. 112. Definitions. the Senate, a report describing— ment Advisers Act of 1940 (15 U.S.C. 80b–4) is (1) any measures taken by a broker or deal- amended— TITLE II—LENDING TO ARMED FORCES er registered with the Securities and Ex- PERSONNEL (1) by striking ‘‘Every investment’’ and in- change Commission pursuant to section 15(b) serting the following: Sec. 201. Requirements applicable to certain of the Securities Exchange Act of 1934 (15 ‘‘(a) IN GENERAL.—Every investment’’; and loans to military U.S.C. 78o(b)) to voluntarily refund pay- (2) by adding at the end the following: servicemembers. ments made by military service members on ‘‘(b) FILING DEPOSITORIES.—The Commis- TITLE I—INSURANCE AND INVESTMENT any periodic payment plan certificate, and sion may, by rule, require an investment ad- PRODUCTS the amounts of such refunds; viser— (2) after such consultation with the Sec- SEC. 101. CONGRESSIONAL FINDINGS. ‘‘(1) to file with the Commission any fee, retary of Defense as the Commission con- application, report, or notice required to be The Congress finds the following: siders appropriate, the sales practices of filed by this title or the rules issued under (1) Our military personnel perform great such brokers or dealers on military installa- this title through any entity designated by sacrifices in protecting our Nation in the tions over the past 5 years and any legisla- the Commission for that purpose; and War on Terror and promoting democracy tive or regulatory recommendations to im- ‘‘(2) to pay the reasonable costs associated abroad. prove such practices; and with such filing and the establishment and (2) Our brave men and women in uniform (3) the revenues generated by such brokers maintenance of the systems required by sub- deserve to be offered first-rate financial or dealers in the sales of periodic payment section (c). products in order to provide for their fami- plan certificates over the past 5 years and ‘‘(c) ACCESS TO DISCIPLINARY AND OTHER IN- lies and to save and invest for retirement. what products such brokers or dealers mar- FORMATION.— (3) Our military personnel are being offered ket to replace the revenue generated from ‘‘(1) MAINTENANCE OF SYSTEM TO RESPOND high-cost securities and life insurance prod- the sales of periodic payment plan certifi- TO INQUIRIES.—The Commission shall require ucts by some financial services companies cates prohibited under subsection (a) of this the entity designated by the Commission engaging in abusive and misleading sales section. under subsection (b)(1) to establish and practices. maintain a toll-free telephone listing, or a (4) One securities product being offered to SEC. 103. METHOD OF MAINTAINING BROKER/ DEALER REGISTRATION, DISCIPLI- readily accessible electronic or other proc- our service members, the contractual plan, NARY, AND OTHER DATA. ess, to receive and promptly respond to in- has largely disappeared from the civilian Subsection (i) of section 15A of the Securi- quiries regarding information (including dis- market since the 1980s due to its excessive ties Exchange Act of 1934 (15 U.S.C. 78o–3(i)) ciplinary actions, regulatory, judicial, and sales charges and the emergence of low-cost is amended to read as follows: arbitration proceedings, and other informa- products. A 50-percent sales commission is ‘‘(i) OBLIGATION TO MAINTAIN REGISTRA- tion required by law or rule to be reported) typically assessed against the first year of TION, DISCIPLINARY, AND OTHER DATA.— involving investment advisers and persons contributions made under a contractual ‘‘(1) MAINTENANCE OF SYSTEM TO RESPOND associated with investment advisers. Such plan, even though the average commission TO INQUIRIES.—A registered securities asso- information shall include information on an on other securities products such as mutual ciation shall— investment adviser (and the persons associ- funds is less than 6 percent on each sale. ‘‘(A) establish and maintain a system for ated with that adviser) whether the invest- (5) The excessive sales charge of the con- collecting and retaining registration infor- ment adviser is registered with the Commis- tractual plan makes it susceptible to abusive mation; sion under section 203 or regulated solely by and misleading sales practices. ‘‘(B) establish and maintain a toll-free a State as described in section 203A. (6) Certain life insurance products being of- telephone listing, and a readily accessible ‘‘(2) RECOVERY OF COSTS.—An entity des- fered to our service members are being im- electronic or other process, to receive and ignated by the Commission under subsection properly marketed as investment products. promptly respond to inquiries regarding— (b)(1) may charge persons making inquiries, These products provide very low death bene- ‘‘(i) registration information on its mem- other than individual investors, reasonable fits for very high premiums that are front- bers and their associated persons; and fees for responses to inquiries made under loaded in the first few years, making them ‘‘(ii) registration information on the mem- paragraph (1). completely inappropriate for most military bers and their associated persons of any reg- ‘‘(3) LIMITATION ON LIABILITY.—An entity personnel. istered national securities exchange that designated by the Commission under sub- (7) Regulation of these securities and life uses the system described in subparagraph section (b)(1) shall not have any liability to insurance products and their sale on mili- (A) for the registration of its members and any person for any actions taken or omitted tary bases has been clearly inadequate and their associated persons; and in good faith under this subsection.’’. requires Congressional legislation to ad- ‘‘(C) adopt rules governing the process for (b) CONFORMING AMENDMENTS.— dress. making inquiries and the type, scope, and (1) Section 203A of the Investment Advisers SEC. 102. PROHIBITION ON FUTURE SALES OF presentation of information to be provided in Act of 1940 (15 U.S.C. 80b–3a) is amended— PERIODIC PAYMENT PLANS. response to such inquiries in consultation (A) by striking subsection (d); and (a) AMENDMENT.—Section 27 of the Invest- with any registered national securities ex- (B) by redesignating subsection (e) as sub- ment Company Act of 1940 (15 U.S.C. 80a–27) change providing information pursuant to section (d). is amended by adding at the end the fol- subparagraph (B)(ii). (2) Section 306 of the National Securities lowing new subsection: ‘‘(2) RECOVERY OF COSTS.—Such an associa- Markets Improvement Act of 1996 (15 U.S.C. ‘‘(j) TERMINATION OF SALES.— tion may charge persons making inquiries, 80b–10, note; Public Law 104–290; 110 Stat. ‘‘(1) TERMINATION.—Effective 30 days after other than individual investors, reasonable 3439) is repealed. the date of enactment of the Military Per- fees for responses to such inquiries. SEC. 105. STATE INSURANCE AND SECURITIES JU- sonnel Financial Services Protection Act, it ‘‘(3) PROCESS FOR DISPUTED INFORMATION.— RISDICTION ON MILITARY INSTAL- shall be unlawful, subject to subsection (i)— Such an association shall adopt rules estab- LATIONS. ‘‘(A) for any registered investment com- lishing an administrative process for dis- (a) CLARIFICATION OF JURISDICTION.—Any pany to issue any periodic payment plan cer- puting the accuracy of information provided law, regulation, or order of a State with re- tificate; or in response to inquiries under this sub- spect to regulating the business of insurance

VerDate Aug 04 2004 02:18 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.007 H27PT1 H5188 CONGRESSIONAL RECORD — HOUSE June 27, 2005 or the offer or sale (or both) of securities ommended, or encouraged the sale of the Armed Forces regardless of the sales loca- shall apply to such activities conducted on product being offered; tion. Federal land or facilities in the United (3) is made in plain and readily understand- (b) CONDITIONAL GAO REPORT.—If the NAIC States and abroad, including military instal- able language and in a type font at least as does not submit the report to the commit- lations, except to the extent that such law, large as the font used for the majority of the tees as described in subsection (a), the Comp- regulation, or order— policy; and troller General of the United States shall (1) directly conflicts with any applicable (4) with respect to a sale or solicitation on study any proposals that have been made to Federal law, regulation, or authorized direc- Federal land or facilities located outside of improve the quality and sale of life insur- tive; or the United States by an individual or entity ance products sold by insurers and producers (2) would not apply if such activity were engaged in the business of insurance, except on military installations of the United conducted on State land. to the extent otherwise specifically provided States and report to the Committee on Fi- (b) PRIMARY STATE JURISDICTION.—To the by the laws of such State in reference to this nancial Services of the House of Representa- extent that multiple State laws would other- Act, lists the address and phone number tives and the Committee on Banking, Hous- wise apply pursuant to subsection (a) to an where consumer complaints are received by ing, and Urban Affairs of the Senate on such insurance or securities activity of an indi- the State insurance commissioner for the proposals within 6 months after the expira- vidual or entity on Federal land or facilities, State in which the individual has been issued tion of the period referred to in subsection the State having the primary duty to regu- a resident license or the entity is domiciled, (a). late such activity and whose laws shall apply as applicable. SEC. 109. REQUIRED REPORTING OF DIS- to such activity in the case of a conflict (c) ENFORCEMENT.—If it is determined by a CIPLINED INSURANCE PRODUCERS. shall be— State or Federal agency, or in a final court (a) REPORTING BY INSURERS.—After the ex- (1) the State within which the Federal land proceeding, that any individual or entity has piration of the 2-year period beginning on or facility is located; or intentionally failed to provide a disclosure the date of the enactment of this Act, no in- (2) if the Federal land or facility is located required by this section, such individual or surer may enter into or renew a contractual outside of the United States, the State in entity shall be prohibited from further en- relationship with a producer that solicits or which— gaging in the business of insurance with re- sells life insurance on military installations (A) in the case of an individual engaged in spect to employees of the Federal Govern- of the United States unless the insurer has the business of insurance, such individual ment on Federal land, except— implemented a system to report, to the has been issued a resident license; (1) with respect to existing policies; and State insurance commissioner of the State of (B) in the case of an individual engaged in (2) to the extent required by the Federal the domicile of the insurer and the State of the offer or sale (or both) of securities, such Government pursuant to previous commit- residence of the insurance producer, discipli- individual is registered or required to be reg- ments. nary actions taken against the producer istered to do business or the person solicited (d) EXCEPTIONS.— with respect to the producer’s sales or solici- by such individual resides; (1) FEDERAL AND STATE INSURANCE ACTIV- tation of insurance on a military installa- (C) in the case of an entity engaged in the ITY.—This section shall not apply to insur- tion of the United States, as follows: business of insurance, such entity is domi- ance activities— (1) Any disciplinary action taken by any ciled; or (A) specifically contracted by or through government entity that the insurer knows (D) in the case of an entity engaged in the the Federal Government or any State gov- has been taken. offer or sale (or both) of securities, such enti- ernment; or (2) Any significant disciplinary action ty is registered or is required to be reg- (B) specifically exempted from the applica- taken by the insurer. istered to do business or the person solicited bility of this Act by a Federal or State law, (b) REPORTING BY STATES.—It is the sense by such entity resides. regulation, or order that specifically refers of the Congress that within 2 years after the SEC. 106. REQUIRED DEVELOPMENT OF MILI- to this paragraph. date of the enactment of this Act, the States should collectively implement a system to— TARY PERSONNEL PROTECTION (2) UNIFORM STATE STANDARDS.—If a major- STANDARDS REGARDING INSUR- ity of the States have adopted, in materially (1) receive reports of disciplinary actions ANCE SALES. identical form, a standard setting forth the taken against insurance producers by insur- (a) STATE STANDARDS.—The Congress in- disclosures required under this section that ers or government entities with respect to tends that— apply to insurance solicitations and sales to the producers’ sale or solicitation of insur- (1) the States collectively work with the military personnel on military installations ance on a military installation; and Secretary of Defense to ensure implementa- of the United States, after the expiration of (2) disseminate such information to all tion of appropriate standards to protect the 2-year period beginning on such majority other States and to the Secretary of Defense. members of the Armed Forces from dis- adoption, such standard shall apply in lieu of SEC. 110. REPORTING BARRED PERSONS ENGAG- honest and predatory insurance sales prac- ING IN FINANCIAL SERVICES ACTIVI- the requirements of this section to all insur- tices while on a military installation of the TIES. ance solicitations and sales to military per- United States (including installations lo- (a) ESTABLISHMENT.—The Secretary of De- sonnel on military installations, with re- cated outside of the United States); and fense shall maintain a list of the name, ad- spect to such States, to the extent that such (2) each State identify its role in pro- dress, and other appropriate information of standards do not directly conflict with any moting the standards described in paragraph persons engaged in financial services activi- applicable authorized Federal regulation or (1) in a uniform manner within 12 months ties that have been barred, banned, or other- directive. after the date of the enactment of this Act. wise limited in any manner that is not gen- (b) STATE REPORT.—It is the sense of the (3) MATERIALLY IDENTICAL FORM.—For pur- erally applicable to all such type of persons, Congress that the NAIC should, after con- poses of this subsection, standards adopted from any or all military installations of the sultation with the Secretary of Defense and by more than one State shall be considered United States or from patronage by military within 12 months after the date of the enact- to have materially identical form to the ex- members. ment of this Act, conduct a study to deter- tent that such standards require or prohibit (b) NOTICE AND ACCESS.—The Secretary mine the extent to which the States have identical conduct with respect to the same shall ensure that— met the requirement of subsection (a) and re- activity, notwithstanding that the standards (1) the appropriate Federal and State agen- port such study to the Committee on Finan- may differ with respect to conduct required cies responsible for any financial services cial Services of the House of Representatives or prohibited with respect to other activi- regulation are promptly notified upon the in- and the Committee on Banking, Housing, ties. clusion or removal of a person under such and Urban Affairs of the Senate. SEC. 108. IMPROVING LIFE INSURANCE PRODUCT agencies’ jurisdiction; and SEC. 107. REQUIRED DISCLOSURES REGARDING STANDARDS. (2) the list is kept current and easily acces- LIFE INSURANCE. (a) IN GENERAL.—It is the sense of the Con- sible— (a) REQUIREMENT.—Except as provided in gress that the NAIC should, after consulta- (A) for use by such agencies; and subsection (d), no insurer or producer may tion with the Secretary of Defense and with- (B) for purposes of enforcing or considering sell or solicit, in person, any life insurance in 12 months after the date of the enactment any such bar, ban, or limitation by the ap- product to any member of the Armed Forces of this Act, conduct a study and submit a re- propriate Federal personnel, including com- on a military installation of the United port to the Committee on Financial Services manders of military installations. States unless a disclosure in accordance with of the House of Representatives and the (c) REGULATIONS.— this section is provided to such member be- Committee on Banking, Housing, and Urban (1) IN GENERAL.—The Secretary shall issue fore the sale of such insurance. Affairs of the Senate on ways of improving regulations in accordance with this sub- (b) DISCLOSURE.—A disclosure in accord- the quality of and sale of life insurance prod- section to provide for the establishment and ance with this section is a written disclosure ucts sold by insurers and producers on mili- maintenance of the list under this section, that— tary installations of the United States, including appropriate due process consider- (1) states that subsidized life insurance which may include limiting sales authority ations. may be available to the member of the to companies and producers that are cer- (2) TIMING.— Armed Forces from the Federal Government; tified as meeting appropriate best practices (A) PROPOSED REGULATIONS.—Not later (2) states that the United States Govern- procedures or creating standards for prod- than the expiration of the 60-day period be- ment has in no way sanctioned, rec- ucts specifically designed for members of the ginning on the date of the enactment of this

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Act, the Secretary shall prepare and submit (B) EXCEPTION.—The term ‘‘military lend- (2) contact, or threaten to contact, the bor- to the appropriate Committees a copy of the er’’ does not include any insured depository rower’s commanding officer or any other per- regulations under this subsection that are institution, except as provided in paragraph son in the borrower’s military chain of com- proposed to be published for comment. The (3)(B). mand in an effort to collect on such loan; Secretary may not publish such regulations (C) TREATMENT OF EACH OFFICE AS LEND- (3) include any provision in the loan agree- for comment in the Federal Register until ER.—In the case of any person engaged in the ment, or in any other instrument or agree- the expiration of the 15-day period beginning business of extending consumer credit from ment made in connection with such loan, upon such submission to the appropriate more than 1 office or at more than 1 loca- that purports to— Committees. tion, each office or location at which credit (A) waive any rights of the borrower under (B) FINAL REGULATIONS.—Not later than 90 is offered or extended or a credit transaction any Federal or State law, including this sec- days after the date of the enactment of this is consummated shall be treated as a sepa- tion and the Servicemembers Civil Relief Act, the Secretary shall submit to the appro- rate person for purposes of this section. Act (50 U.S.C. App. 501 et seq.); or priate Committees a copy of the regulations (2) COVERED LOAN.—The term ‘‘covered (B) provide the consent of the borrower for under this section to be published as final. loan’’— any action prohibited under paragraph (1); (C) EFFECTIVE DATE.—Such regulations (A) means any extension of credit to an ac- (4) at any time, use oral or written rep- shall become effective upon the expiration of tive duty member of the Armed Forces by a resentations, or use any symbols, that sug- the 30-day period beginning upon such sub- military lender that has an annual percent- gest, give the appearance, or provide reason- mission to the appropriate Committees. age rate that exceeds by more than 5 per- able cause to believe that any component of (3) DEFINITION.—For the purposes of this centage points the average annual percent- the Armed Forces, the Department of De- section, the term ‘‘appropriate Committees’’ age rate for 24-month personal loans, as pub- fense, or any federal entity sponsors or en- means— lished by the Board of Governors of the Fed- dorses the military lender, any agent of the (A) the Committee on Financial Services eral Reserve System for the most recent cal- lender, or any good, service, commodity, or and the Committee on Armed Services of the endar quarter preceding the quarter in which credit that is sold, provided, or extended by House of Representatives; and such extension of credit is made; and the military lender (unless expressly author- (B) the Committee on Banking, Housing, (B) does not include any extension of credit ized in writing by such entity); or and Urban Affairs and the Committee on on margin on securities by a broker or dealer (5) if such loan is a covered loan, enter into Armed Services of the Senate. registered with the Securities and Exchange the loan without disclosing, prior to con- Commission under the Securities Exchange SEC. 111. SENSE OF CONGRESS. summation of the transaction and in con- It is the sense of the Congress that the Act of 1934 to the extent such extension of spicuous form, the following notice: credit complies with the rules and regula- Federal and State agencies responsible for ‘‘NOTICE TO MILITARY SERVICEMEMBERS: insurance and securities regulation should tions of the Board of Governors of the Fed- ‘‘You are not required to complete this eral Reserve System, the Securities and Ex- provide advice to the appropriate Federal en- agreement merely because you have received change Commission, and any applicable self- tities to consider— these disclosures or even if you have signed regulatory organization relating to credit on (1) significantly increasing the life insur- an application for an extension of credit. If margin on securities. ance coverage made available through the you obtain this credit to repay other loans, (3) INSURED DEPOSITORY INSTITUTION.— Federal Government to members of the you may get into serious financial difficul- (A) IN GENERAL.—The term ‘‘insured depos- Armed Forces; ties if you use this credit to pay off old debts itory institution’’— (2) implementing appropriate procedures to and then replace them with other new debts. (i) has the meaning given such term in sec- encourage members of the Armed Forces to Before you complete this agreement, you tion 3 of the Federal Deposit Insurance Act; should consider applying for credit through improve their financial literacy and obtain and objective financial counseling before pur- (ii) includes any insured credit union (as other organizations or entities. Interest-free chasing additional life insurance coverage or defined in section 101(7) of the Federal Credit loans or grants may be available from the investments beyond those provided by the Union Act). Army, Air Force, or Navy-Marine Corps Re- Federal Government; and lief Society, the United Service Organiza- (B) EXCLUSION.—For purposes of this sec- (3) improving the benefits and matching tion, the term ‘‘insured depository institutions, or another base or military service or- contributions provided under the Thrift Sav- tion’’ does not include an insured depository ganization for military personnel seeking ings Plan to members of the Armed Forces. institution in any circumstance in which— short-term credit in response to a family or SEC. 112. DEFINITIONS. (i) such depository institution is extending other emergency. For purposes of this Act, the following credit pursuant to a contractual relationship ‘‘This extension of credit is not sponsored definitions shall apply: with a third-party agent; and or endorsed by any component of the Armed (1) ENTITY.—The term ‘‘entity’’ includes (ii) such agent would be a military lender, Forces, the Department of Defense, or any insurers. under this section, if the agent made the Federal entity. (2) INDIVIDUAL.—The term ‘‘individual’’ in- same loan as a principal. ‘‘Your lender may not garnish your salary or wages, or accept any assignment of or includes insurance agents and producers. (4) ACTIVE DUTY MEMBER OF THE ARMED stitute an allotment of your salary or wages, (3) NAIC.—The term ‘‘NAIC’’ means the FORCES.—The term ‘‘active duty member of National Association of Insurance Commis- the Armed Forces’’ means any member of to secure repayment of the debt, unless any sioners. the Armed Forces who is on active duty (as such allotment or assignment is voluntary (4) STATE INSURANCE COMMISSIONER.—The defined in section 101(d)(1) of title 10, United and may be cancelled by you at any time. term ‘‘State insurance commissioner’’ States Code) under a call or order that does Your lender may not contact your com- means, with respect to a State, the officer, not specify a period of 30 days or less. manding officer or anyone in your chain of command in an effort to collect on the loan. agency, or other entity of the State that has (5) TARGETS CUSTOMERS.—For purposes of primary regulatory authority over the busi- paragraph (1)(A)(i)(I), the term ‘‘targets cus- ‘‘You and your dependents may have addi- ness of insurance and over any person en- tomers’’ means to, directly or indirectly, so- tional rights and protections under Federal gaged in the business of insurance, to the ex- licit, or engage in other promotional activi- and State law with respect to this loan, intent of such business activities, in such ties explicitly directed at, members of the cluding the Servicemembers Civil Relief Act, State. Armed Forces for the purpose of securing which you cannot waive and which the lend- TITLE II—LENDING TO ARMED FORCES business from the recipients of such solicita- er may not ask or require you to waive.’’. PERSONNEL tions or promotions. (c) RULE OF CONSTRUCTION.—No provision SEC. 201. REQUIREMENTS APPLICABLE TO CER- (6) ANNUAL PERCENTAGE RATE.—The term of this section shall be construed as— TAIN LOANS TO MILITARY ‘‘annual percentage rate’’ has the same (1) authorizing any person that is not a SERVICEMEMBERS. meaning as in section 107 of the Truth in military lender to engage in any activity (a) DEFINITIONS.—For purposes of this sec- Lending Act, as implemented by regulations that is prohibited for military lenders under tion, the following definitions shall apply: of the Board of Governors of the Federal Re- this section; (1) MILITARY LENDER.— serve System. (2) creating any inference that any activity (A) IN GENERAL.—The term ‘‘military lend- (b) PROTECTION OF MILITARY described in subsection (b) is a lawful activ- er’’ means— SERVICEMEMBERS.—Any military lender who ity for any person or would be a lawful activ- (i) a person engaged in the business of ex- makes a loan to an active duty member of ity for a military lender but for this section; tending consumer credit that— the Armed Forces (other than a loan de- or (I) targets customers who are active duty scribed in paragraph (2)(B)) may not, with re- (3) creating any inference that any right or members of the Armed Forces; or spect to such loan— protection provided for consumers under any (II) knows or has reason to know that more (1) garnish any military salary or wages, or Federal or State law can be waived by any than 10 percent of the person’s customers for accept any assignment of or institute any al- consumer. consumer credit products are active duty lotment of any military salary or wages, to members of the Armed Forces; and secure payment of the loan, unless any such (d) ENFORCEMENT.—The provisions of this (ii) any assignee of such person with re- allotment or assignment is voluntary and section shall be enforced under section 917 of spect to any credit extended to any such cus- may be cancelled at any time by the bor- the Consumer Credit Protection Act, in the tomer. rower; manner provided in such section. For the

VerDate Aug 04 2004 02:18 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.007 H27PT1 H5190 CONGRESSIONAL RECORD — HOUSE June 27, 2005 purposes of any enforcement under such sec- ing for my retirement by buying into b 1445 tion 917, any violation of a provision or rean investment plan that included in- The gentleman from Kansas (Mr. quirement of this section shall be treated as surance and mutual funds. I was so im- a violation of a provision or requirement of RYUN) and the gentleman from New pressed with their infomercial-like York (Mr. ISRAEL), who worked closely title IX of such Act. presentation that I invested what was (e) CIRCUMVENTION PROHIBITED.—The Fed- together on the reporting require- eral Trade Commission shall, with respect to a lot of money to me at the time. It ments, are to be thanked, as well as entities and activities under its jurisdiction, was not until I got out of the Army and the gentlewoman from Florida (Ms. prescribe regulations to become effective not into the business world that I discov- GINNY BROWN-WAITE) for ensuring ap- later than 90 days after the date of the enact- ered how uncompetitive these products propriate SEC oversight of broker-deal- ment of this Act to prevent a military lender were compared with other opportuni- er practices on military posts. Also, I from taking any action in connection with ties. would like to thank the gentleman any loan made to an active duty member of While serving as an officer in the from Illinois (Mr. GUTIERREZ) for work- the Armed Forces to structure a loan trans- 82nd Airborne Division, I knew many ing on new requirements for high-cost action, by structuring any loan as an open- soldiers who fell victim to such ‘‘con- lending. Their hard work and bipar- end credit plan (as defined in section 103 of tractual plans.’’ the Truth in Lending Act), dividing any loan In my case, I fell for the sales pitch tisan leadership is well reflected in the into separate transactions, using a lower because those agents selling the pro- legislation. temporary or introductory rate of interest to Today, I urge my colleagues in the lower the overall annual percentage rate ap- grams encouraged one of my fellow soldiers to invite me to a presentation. 109th Congress to support this bipar- plicable for any loan, or any similar action, tisan bill and vote ‘‘yes’’ on the Mili- for the purpose of avoiding designation as a That program included a respected vet- covered loan for purposes of this section or eran who could show up on post with- tary Personnel Financial Services Pro- otherwise circumventing or evading any re- out the post commander’s permission. I tection Act and protect our military quirement of this title. did not make the decision because I from these predatory financial prod- The SPEAKER pro tempore. Pursu- was a financial expert, because I was ucts and sales practices. Mr. Speaker, I reserve the balance of ant to the rule, the gentleman from not, I made the decision because a re- my time. Kentucky (Mr. DAVIS) and the gen- tired servicemember, whom I re- Mr. FRANK of Massachusetts. Mr. tleman from Massachusetts (Mr. spected, working as a salesman, pre- Speaker, I yield myself such time as I FRANK) each will control 20 minutes. sented this, and he was using referrals may consume. The Chair recognizes the gentleman from other servicemembers who he The gentleman from Kentucky has from Kentucky (Mr. DAVIS). convinced it was a good thing. quite correctly described both the need Because of these types of selling GENERAL LEAVE for this bill and what it does, and I am practices, I am pleased to report that Mr. DAVIS of Kentucky. Mr. Speak- very pleased that this is one in a num- today the House will be voting on this er, I ask unanimous consent that all ber of genuinely nonpartisan efforts reintroduced, bipartisan legislation, Members may have 5 legislative days that the Committee on Financial Serv- within which to revise and extend their H.R. 458, which will protect those preserving our freedom from some unnec- ices has brought forward. remarks and include extraneous mate- I think there is a consensus in our essary, high-cost financial products. rial on H.R. 458. committee. We have some issues about The SPEAKER pro tempore. Is there This piece of legislation would clarify that State insurance regulators which we disagree, and we will con- objection to the request of the gen- have jurisdiction over insurance sales tinue to do so in a good spirit. But we tleman from Kentucky? on military bases within their States. also have a consensus that it is pos- There was no objection. Also, it would ban the sale of contrac- sible to work to make sure that the fi- Mr. DAVIS of Kentucky. Mr. Speak- tual mutual funds and require that our nancial sector, the financial inter- er, I yield myself such time as I may military personnel hear about govern- mediaries in this country, are able to consume. ment life insurance programs before perform their function, which is so im- Today I would like to bring to the at- buying private life insurance. portant in our capitalist society, but tention of my colleagues that there is This bill would also allow our mili- still protect consumers from abusive a long history of certain companies and tary post commanders to ban unscru- practices, that is, legitimate protec- agents using abusive sales tactics to pulous agents from their bases and tion of consumers need not be seen, sell financial products of dubious value posts and forward a list of these banned should not be seen, as inconsistent to our members of the armed services. agents to the Department of Defense, with support for the function that the Problems have included abusive and and the DOD would compile lists and financial intermediaries should per- coercive sales tactics, outdated and send them to State departments of inform in our system. high-cost products, and a lack of uni- surance for further investigation. This legislation is a very good exam- form regulatory oversight of these We cannot allow these abusive prac- ple of that. It was introduced pre- practices on our military bases and tices to continue. We must not ask the viously, as the gentleman from Ken- posts. men and women of our armed services tucky mentioned, in a previous Con- The Pentagon has issued directives to make sacrifices for our security gress. One version of it was also intro- intended to prevent these abuses. But without doing all that we can to produced, very similar, by the gentleman with the ongoing confusion over regu- tect their financial futures. You may from Illinois (Mr. EMANUEL), who is on latory jurisdiction, the lack of commu- be pleased to know that in the 108th our committee. Our committee acted; nication between government agencies, Congress, this purpose-driven piece of the House acted. We are hopeful that and lack of sufficient protection stand- legislation passed overwhelmingly with the Senate will this time, because we ards for certain financial products, it is a vote of 396–2. During this Congress, are passing it early enough in this 2- clear that the abuses will not stop un- the Committee on Financial Services year session to get its attention to go less Congress enacts the Military Per- reported this bill to protect our serv- along with us. sonnel Financial Services Protection icemen and -women by unanimous And I would also note, as the gen- Act. vote. This overwhelmingly bipartisan tleman from Kentucky graciously men- Unfortunately, there are a few bad census is the result of strong leader- tioned, that the gentleman from Illi- agents in the securities and insurance ship by the gentleman from Ohio (Mr. nois (Mr. GUTIERREZ) addressed as well industry that have been taking advan- OXLEY) and the ranking member, the at the session when we brought this up, tage of our military personnel by sell- gentleman from Massachusetts (Mr. the problem of payday lending, abusive ing them harmful insurance and invest- FRANK), and subcommittee chairman payday lending for members of the ment products. on capital markets, the gentleman military. As we know, members of the Mr. Speaker, as a matter of fact, from Louisiana (Mr. BAKER) and rank- military, particularly now that we when I myself was a young officer in ing member, the gentleman from Penn- have mobilized the Guard, we have the Army, a group of salesmen showed sylvania (Mr. KANJORSKI), who led our young, not always young, men and up on post and convinced my fellow investigation into abusive practices women in the military who may find soldiers and me that I could begin sav- and bad products. themselves in economic distress

VerDate Aug 04 2004 02:18 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.007 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5191 through no fault of their own because I am pleased that the bill requires the Sec- it, and are fully informed about the costs and of an unforeseen call-up. They are fully retary of Defense to create and maintain a potential consequences of entering into credit entitled to our protection against registry of banned payday lenders. arrangements that feature high annual per- those people who would prey on them. The Secretary will be responsible for updat- centage rates. So what we have done in this bill is ing and maintaining the registry, which will The House passed similar legislation in the to protect them from inappropriate provide the name, address, and other identi- 108th Congress by a vote of 396 to 2. This sales, given the stressful situation in fying information of the banned or barred term, our Committee reported Mr. DAVIS’ bill to which they find themselves, the pres- agent or advisor. protect our servicemen and women by a unan- sures they are under; and we have The registry must be accessible and search- imous vote. This overwhelming bipartisan con- added, thanks to the initiative of the able by the public and local installation com- sensus is the result of strong leadership by gentleman from Illinois, protection manders and appropriate Federal and State fi- Mr. DAVIS, the author of this legislation; the against abusive payday lending. And I nancial regulators. chairman of the Subcommittee on Capital Mar- appreciate the majority, the gentleman Furthermore, I wish to bring to the House’s kets, Mr. BAKER, who led our investigation into from Kentucky and the gentleman attention that the Commander’s webpage sec- abusive practices and bad products; Mr. JIM from Ohio (Mr. OXLEY), the chairman tion of the Defense Department’s website cur- RYUN and Mr. ISRAEL who worked closely to- of the committee, in working with the rently has a section entitled, ‘‘Quick Links.’’ gether on the reporting requirements of this gentleman from Illinois (Mr. GUTIER- Under this are several tabs the user can bill; Ms. BROWN-WAITE for ensuring appro- REZ) so that we were able to bring for- click on dealing with such issues as Com- priate SEC oversight of broker-dealer sales ward a comprehensive bill that we be- pensation, Deployment, Benefits, and the like. practices on military installations; and Mr. lieve will protect members of our mili- I would like to urge the House to stipulate GUTIERREZ for working on new requirements tary from any kind of financial imposi- that the Defense Department place another for high cost lending. Their hard work and bi- tions on them of an inappropriate sort. separate tab under this ‘‘Quick Links’’ section partisan leadership is well-reflected in this leg- So I am delighted to join in what I and have it be a specific listing of abusive islation. hope will be an overwhelming, if not lenders so our service members can know I urge my colleagues in the full House to unanimous, vote for this bill; and I whom to avoid. support this bipartisan bill and vote ‘‘yes’’ on hope the Senate will act promptly. Mr. Speaker, I think we all can agree that H.R. 458. Mr. Speaker, I yield back the balance our soldiers do not deserve to be taken ad- Mr. EMANUEL. Mr. Speaker, I rise in of my time. vantage of and the actions taken today are a strong support of H.R. 458, the Military Mr. DAVIS of Kentucky. Mr. Speak- step in the right direction. Personnel Financial Services Protec- er, I yield myself such time as I may Mr. OXLEY. Mr. Speaker, I rise in support of tion Act. H.R. 458 is identical to legis- consume. H.R. 458, the Military Personnel Financial I thank the gentleman from Massa- lation passed by the House of Rep- Services Protection Act. This bill, introduced chusetts for his remarks and also resentatives by a vote of 396 to 2 in the by my good friend Mr. GEOFF DAVIS from the heartily agree and hope that the Sen- 108th Congress. Unfortunately, the Commonwealth of Kentucky, will go a long ate will pass this bill and take it up in Senate did not act on that legislation. way towards protecting the men and women an aggressive manner. I thank all the Last year, I worked closely with Fi- serving in our Nation’s military from deceptive members of the Committee on Finan- nancial Services Committee Chairman financial practices and unsuitable financial cial Services for their support on both MICHAEL OXLEY, Ranking Member BAR- products. sides of the aisle. It was truly a bipar- NEY FRANK and Capital Markets Sub- Mr. Speaker, since the tragic day of Sep- committee Chairman RICHARD BAKER tisan effort. tember 11, 2001, our country has been at war. Mrs. TAUSCHER. Mr. Speaker, I rise today in holding hearings and developing leg- In the prosecution of that war, our armed serv- to speak in support of H.R. 458, the Military islation to add new protections for en- ices have performed heroically. Many have Personnel Financial Services Protection Act of listed personnel. made the ultimate sacrifice for the cause of The legislation we produced last ses- 2005. freedom. Unfortunately, there are a few bad I congratulate Chairman OXLEY and all the sion is before us once again today. The members of the Financial Services Committee actors in the financial services industry who Military Personnel Financial Services for putting forth a bill that seeks to protect our have been taking financial advantage of our Protection Act will go a long way to- men and women in uniform from certain de- armed forces. These unscrupulous companies ward eliminating these abuses and pro- ceptive practices. and salesmen gain access to military installa- tecting our troops. During the Financial Services Committee’s tions and use aggressive, misleading, and First, and most importantly, H.R. 458 consideration of this bill, my colleague Rep- often illegal sales tactics, to sell high-cost bans the sale of contractual mutual resentative GUTIERREZ raised concerns about products of dubious value that are unsuitable funds on military bases. These expen- the issue of pay day loans and offered an for any investor, and are particularly unsuit- sive funds disappeared from the civil- amendment to extend the bill’s coverage to able for our military personnel. ian market in the 1980s because their them. The Pentagon has issued directives in- first-year commissions are equal to These are deferred-deposit loans that offer tended to prevent these abuses. But with the half of all contributions. borrowers short-term credit that will be repaid ongoing confusion over regulatory jurisdiction, If they are not good enough for civil- on the person’s next pay day. the lack of communication among government ians, why should we allow them to be If the borrower does not repay the loan at agencies, and the lack of sufficient protection sold to our men and women in uniform? the end of the period, it can be rolled over standards for certain financial products, it is Many of our enlistees are of modest with additional fees and interest assessed. Be- clear that the abuses will not stop unless Con- financial means and need to cash in cause of the way these loans work, the annual gress enacts this legislation. food stamps to feed their families. percentage rates are often 390 percent or H.R. 458 bans bad financial products and None of them can afford a 50 percent more. sales practices, clarifies regulatory jurisdiction commission, and often, they do not re- Representative GUTIERREZ was rightfully on military installations within the United alize they are paying so much. concerned that the high interest rates of such States and abroad, adds appropriate con- If we want to give financial services loans cause too much debt for military per- sumer protections and disclosures for financial firms access to military bases, that is sonnel and this could impede their military products, and ensures proper reporting sys- one thing. But we cannot allow our readiness. tems between our military and the financial young men and women to be used as Mr. Speaker, I am pleased to see that the regulators to ensure bad actors cannot es- laboratories for expensive financial bill before us today contains language that cape. It also makes the process of selecting a products or to be seen as ATM ma- places new requirements on military lenders financial advisor more transparent for all in- chines, and that is what contractual and requires certain disclosures of lenders of- vestors, by providing online access to back- mutual funds have made them. fering service members loans with higher- ground information on broker-dealers, includ- This legislation also includes new than-average rates, including payday loans. ing disciplinary actions. Finally, the legislation disclosure requirements for life insur- It is time to crack down on unscrupulous imposes new requirements on lenders that tar- ance products, so it is crystal clear lenders who seek to make a quick buck by get a military clientele for high-cost loan prod- what is being sold. H.R. 458 requires selling improper loans to our uniformed serv- ucts, to ensure that our men and women in companies to provide recruits with a ice members. uniform are treated fairly when obtaining cred- ‘‘Plain English’’ document telling them

VerDate Aug 04 2004 03:58 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.015 H27PT1 H5192 CONGRESSIONAL RECORD — HOUSE June 27, 2005 subsidized life insurance is available independent democratic countries in the Mr. Speaker, on behalf of the Com- from the Federal Government and that Caribbean strengthened ties between the re- mittee on Government Reform, I rise the Government does not endorse, rec- gion and the United States; in support of House Concurrent Resolu- Whereas Alexander Hamilton, a founding ommend or encourage them to buy the father of the United States and the first Sec- tion 71, a resolution that recognizes product. retary of the Treasury, was born in the Car- the Caribbean-American community. Finally, H.R. 458 clarifies the author- ibbean; This is a meaningful resolution to ity of state insurance regulators to act Whereas there have been many influential many Americans of Caribbean heritage, against bad actors on-base. The States Caribbean-Americans in the history of the and I trust my colleagues will join me are also directed to create uniform United States, including Jean Baptiste Point in support. military personnel protection stand- du Sable, the pioneer settler of Chicago; Mr. Speaker, America and the islands ards and to work with the Department Claude McKay, a poet of the Harlem Renais- of the Caribbean have been eternal sance; James Weldon Johnson, the writer of of Defense to carry out those stand- the Black National Anthem; Shirley neighbors, and our pasts and futures ards. Chisolm, the first African-American Con- are inexorably connected. The first per- Mr. Speaker, it is time to end a cul- gresswoman and first African-American manent European settlement in the ture on military bases that too often woman candidate for President; and Celia Caribbean was established by Spain on favors financial interests over the in- Cruz, the world renowned queen of Salsa Hispaniola, the island that is now Haiti terests of our troops, their families, music; and the Dominican Republic, in 1496. and their futures. Whereas the many influential Caribbean- The first native Caribbean people came Americans in the history of the United I encourage my colleagues to support States also include Colin Powell, the first to mainland North America as inden- this important legislation. African-American Secretary of State; Sidney tured servants at Jamestown, Virginia, Mr. DAVIS of Kentucky. Mr. Speak- Poitier, the first African-American actor to in 1619. er, I have no further requests for time, receive the Academy Award for best actor in Since the birth of our Nation, the and I yield back the balance of my a leading role; Harry Belafonte, a musician, United States has greatly benefited time. actor, and activist; Marion Jones, an Olym- from the contributions of those of Car- The SPEAKER pro tempore (Mr. pic gold medalist; Roberto Clemente, the ibbean descent. From Alexander Ham- first Latino inducted into the baseball hall ilton, the first Secretary of the Treas- RADANOVICH). The question is on the of fame; and Al Roker, a meteorologist and motion offered by the gentleman from television personality; ury, and founder of the First Bank of Kentucky (Mr. DAVIS) that the House Whereas Caribbean-Americans have played the United States, who was born on the suspend the rules and pass the bill, an active role in the civil rights movement island of Nevis, through Secretary of H.R. 458, as amended. and other social and political movements in State Colin Powell, who was born to The question was taken. the United States; Jamaican immigrants, Caribbean- The SPEAKER pro tempore. In the Whereas Caribbean-Americans have con- Americans have impacted all aspects of opinion of the Chair, two-thirds of tributed greatly to education, fine arts, busi- our Nation in tremendous ways. ness, literature, journalism, sports, fashion, Mr. Speaker, without question Amer- those present have voted in the affirm- politics, government, the military, music, ative. science, technology, and other areas in the ica greatly values its Caribbean-Amer- Mr. DAVIS of Kentucky. Mr. Speak- United States; ican population. This concurrent reso- er, on that I demand the yeas and nays. Whereas Caribbean-Americans share their lution is one important way that Con- The yeas and nays were ordered. culture through carnivals, festivals, music, gress can express its appreciation of The SPEAKER pro tempore. Pursu- dance, film, and literature that enrich the the patriotism and honor of Caribbean- ant to clause 8 of rule XX and the cultural landscape of the United States; Americans. In addition, the United Whereas the countries of the Caribbean are States Government enjoys great rela- Chair’s prior announcement, further important economic partners of the United proceedings on this motion will be States; tionships with many island countries postponed. Whereas the countries of the Caribbean in the Caribbean as we work together f represent the United States third border; on many issues including drug traf- Whereas the people of the Caribbean region ficking and trafficking in persons. SENSE OF CONGRESS THAT THERE share the hopes and aspirations of the people This concurrent resolution enjoys SHOULD BE ESTABLISHED A of the United States for peace and prosperity strong bipartisan support, of course, of CARIBBEAN-AMERICAN HERIT- throughout the Western Hemisphere and the the Caribbean-American Cultural Asso- AGE MONTH rest of the world; and ciation and the Caribbean Diaspora Whereas June is an appropriate month to Mr. DENT. Mr. Speaker, I move to establish a Caribbean-American Heritage Empowerment Foundation, not to men- suspend the rules and agree to the con- Month: Now, therefore, be it tion the 81 cosponsors here in the current resolution (H. Con. Res. 71) ex- Resolved by the House of Representatives (the House. I support the concurrent resolu- pressing the sense of Congress that Senate concurring), That it is the sense of tion as well. there should be established a Carib- Congress that— Mr. Speaker, I reserve the balance of bean-American Heritage Month. (1) a Caribbean-American Heritage Month my time. The Clerk read as follows: should be established; and Mr. DAVIS of Illinois. Mr. Speaker, I (2) the people of the United States should yield myself such time as I may con- H. CON. RES. 71 observe the month with appropriate cere- Whereas people of Caribbean heritage are monies, celebrations, and activities. sume. Mr. Speaker, I am pleased to join found in every State of the Union; The SPEAKER pro tempore. Pursu- with the gentleman from Pennsylvania Whereas emigration from the Caribbean re- ant to the rule, the gentleman from gion to the American Colonies began as early in consideration of H. Con. Res. 71, Pennsylvania (Mr. DENT) and the gen- as 1619 with the arrival of indentured work- which expresses the sense of Congress tleman from Illinois (Mr. DAVIS) each ers in Jamestown, Virginia; that June should be designated as Na- Whereas during the 17th, 18th, and 19th will control 20 minutes. The Chair recognizes the gentleman tional Caribbean-American Heritage centuries, a significant number of slaves Month. from the Caribbean region were brought to from Pennsylvania (Mr. DENT). This concurrent resolution, intro- the United States; GENERAL LEAVE Whereas since 1820, millions of people have Mr. DENT. Mr. Speaker, I ask unani- duced by the gentlewoman from Cali- emigrated from the Caribbean region to the mous consent that all Members may fornia (Ms. LEE), recognizes that emi- United States; have 5 legislative days within which to gration from the Caribbean region to Whereas much like the United States, the revise and extend their remarks and in- the American colonies began as early countries of the Caribbean faced obstacles of clude extraneous material on the con- as 1619 with the arrival of indentured slavery and colonialism and struggled for current resolution under consideration. workers in Jamestown, Virginia. Dur- independence; ing the 17th, 18th, and 19th centuries, a Whereas also like the United States, the The SPEAKER pro tempore. Is there people of the Caribbean region have diverse objection to the request of the gen- significant number of slaves from the racial, cultural, and religious backgrounds; tleman from Pennsylvania? Caribbean region were brought to the Whereas the independence movements in There was no objection. United States. many countries in the Caribbean during the Mr. DENT. Mr. Speaker, I yield my- This concurrent resolution also rec- 1960’s and the consequential establishment of self such time as I may consume. ognizes that millions of people have

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.027 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5193 emigrated from the Caribbean region Mr. Speaker, the small nations of the Carib- Mr. RANGEL. Mr. Speaker, I rise in strong to the United States since 1820 and bean wield a cultural influence that has spread support of H. Con. Res. 71, to provide for the points out that Alexander Hamilton, a to the remote comers of the world. Our cul- establishment of a Caribbean-American Herit- Founding Father of the United States, ture, notably the music—calypso, reggae, age Month. Congresswoman LEE’s resolution was born in the Caribbean. Other influ- Afro-Cuban and their derivatives—which was represents a nonpartisan appeal to honor the ential Caribbean-Americans include created by-and-Iarge by a people who long millions of Caribbean-Americans who have Jean Baptiste Point du Sable, the pio- considered themselves marginalized, has contributed greatly to the social, political, and neer settler of Chicago; Celia Cruz, the spread far and wide and enjoys unheard of economic life of the United States. I am proud world renowned queen of Salsa music; popularity today. to be a cosponsor of this legislation, and urge James Weldon Johnson, the writer of But more than just our musical influence, my fellow colleagues to lend their support to the Black National Anthem; Shirley Nobel prizes for literature have gone to poets this important measure. Chisolm, the first African American St. Jean Perse of Guadeloupe and Derek Caribbean Americans are becoming an in- Congresswoman and first African Walcott of St. Lucia from among a number of creasingly integral part of the American fabric. American woman candidate for Presi- highly regarded Caribbean writers. Moreover, Though the total Caribbean-American popu- dent; Colin Powell, the first African internationally admired painters Wifredo Lam lation is approximately 3 million, the Depart- American Secretary of State; and Al of Cuba and Leroy Clarke of Trinidad and To- ment of Homeland Security estimates 4 million Roker, a meteorologist and television bago and Haiti’s ‘‘naive’’ artists took inspiration Caribbean people have immigrated to the personality. from a complex cosmology born from West Af- United States since the 1820s. As a rep- Caribbean-Americans have played ac- rican religions and Christianity. And Trinidad resentative of New York City, where Carib- tive roles in the civil rights movement and Tobago’s carnival was the basis for the bean Americans account for over 25% of the and other social and political move- breathtaking costumed parades designed by population, I can attest first-hand to the size ments in the United States; and they Peter Minshall of Guyana and Trinidad for the and impact of this community. have contributed greatly to education, Barcelona, Atlanta and Salt Lake City Olym- Many Americans do not know the extent of fine arts, business, literature, jour- pics. the Caribbean-American contribution to the nalism, sports, fashion, politics, gov- Mr. Speaker, it is indeed fitting and proper United States. Indeed, the Capitol Building in ernment, the military, music, science, that we honor the contributions of the people which we stand today was designed by a man and technology. This concurrent reso- of the Caribbean to our history and culture. In- from the British Virgin Islands. Alexander lution will increase national awareness deed, if providence had not made it possible Hamilton, one of our country’s founding fa- of contributions made by Caribbean- for our founding father Alexander Hamilton to thers and the first U.S. Secretary of the Treas- Americans to U.S. culture, history, and travel to New York from my home island of St. ury was from the Caribbean island of Nevis. politics. Croix to further his education, we might not be The founder of Chicago, Jean Baptiste Point I am also pleased to note, Mr. Speak- celebrating the founding of this Nation next du Sable, was born in Haiti, and Shirley er, that Ambassador Sidney Williams is week and instead have remained a colony of Chisolm, the first African American woman an ambassador to the Bahamas and is the United Kingdom even today. elected to Congress, was also of Caribbean also a spouse of a Member of this body, I urge my colleagues to support the adop- ancestry. Colin Powell, the first African Amer- the gentlewoman from California (Ms. tion of H. Con. Res. 71. ican Secretary of State, is of Jamaican herit- Mr. ENGEL. Mr. Speaker, I rise in support WATERS). age. One could go on and on with the names I know that the gentlewoman from of H. Con. Res. 71, supporting the establish- of Caribbean Americans who have made sig- California (Ms. LEE) had wanted to be ment of a Caribbean American Heritage nificant contributions to our history and soci- here to speak to her resolution; but, Month. I urge the approval of this resolution to ety, and that just serves to validate why this unfortunately, her flight was such that support the Caribbean Americans who have resolution is long overdue. she could not make it. contributed immensely to American society In addition to their contribution inside the Mrs. CHRISTENSEN. Mr. Speaker, I rise throughout our history. They overcame slavery U.S., individuals of Caribbean descent have today in strong support of H. Con. Res. 71, and colonialism to fight for their independence, contributed directly to the United States even expressing the sense of Congress that there and emigrated to American colonies as early when they did not actually reside in the coun- should be established a Caribbean-American as 1619. try. Many are not aware that the United States Heritage Month and urge my colleagues to The countless number of influential figures support its adoption. As a Caribbean-American in American history who are of Caribbean her- utilized the skill and labor of thousands of myself, it gives me great pride to have been itage indicates the need to set aside a des- English speaking Caribbean workers in the an original cosponsor of this resolution as well ignated time to celebrate their contribution to construction of the Panama Canal in the early as to see it on the verge of passage in the our country. Alexander Hamilton, a founding 1900s. So large was this group that many of House. father of the United States and the first Sec- their descendants remain in Panama, and Mr. Speaker, the contributions of the people retary of the Treasury, James Weldon John- throughout Central America, to this day. The and islands of the Caribbean in the fields of son, the writer of the Black National Anthem, immense contribution that the Canal has made sports, entertainment, politics and culture in Colin Powell, the first African-American Sec- to the American economy, and global trade in the 20th century alone more than makes this retary of State, Marion Jones, an Olympic gold general, serves as another reminder of what resolution worthwhile. medalist, Shirley Chisolm, the first African- people of Caribbean decent have given to our In the fight for emancipation and liberation, American Congresswoman and first African- country. my fellow Virgin Islander Edward Blyden, American woman candidate for President are Caribbean-Americans also help to maintain along with George Padmore, Marcus Garvey only a few. These key figures in our history the economic vitality of the region. As we all and Claude McKay were among the first West have left their marks on an array of fields; poli- know the United States provides significant fi- Indian Americans to become well known and tics, art, music, business, government, and nancial assistance to the Caribbean. However, well respected in the African American’s strug- more. this amount is dwarfed by the $1.6 billion that gle for racial equality. A large number of my constituents are of Caribbean Americans send to the region in the Other famous West Indian Americans in- Caribbean heritage, including Haitian, Jamai- form of remittances to family members. This is clude former U.S. Representative Shirley Chis- can, Dominican, and others. Our community needed more than ever as the nations of the holm; Franklin Thomas, former head of the has benefited greatly from their presence and Caribbean continue to face many obstacles re- Ford Foundation; Federal Judge Constance involvement. I advocate establishing a Carib- lated to their small economies, and frequent Baker Motley, the first black woman appointed bean-American Heritage month to highlight my natural disasters. to the Federal Judiciary; activists Stokely Car- own constituents as well as Caribbean Ameri- As we reflect on the contributions of the michael—Kwarne Toure—Roy Innis, Malcolm cans all over the United States. I support a Caribbean community, there is much that we X and Louis Farrakhan; world renowned actor month with appropriate ceremonies, celebra- can learn from them. The Caribbean is quite Sidney Poitier; civil rights activist and singer, tions, and activities for a people who have suf- arguably the most diverse region in the West- Harry Belafonte; Earl Greaves, philanthropist, fered through years of slavery in past cen- ern Hemisphere. With a population consisting businessman and publisher of Black Enter- turies and who have come to America to of Asians, East Indians, Africans, Europeans, prise; and now Colin Powell the first black share with the rest of the world their dreams Native Americans, and even Middle East- U.S. Secretary of State, have all made impres- of freedom. erners, the Caribbean has thrived in its diver- sive contributions on behalf of African Ameri- Mr. Speaker, this is an important resolution sity, and Caribbean Americans have brought cans. and I therefore strongly urge its passage. this culture of tolerance and inclusion with

VerDate Aug 04 2004 03:58 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K27JN7.017 H27PT1 H5194 CONGRESSIONAL RECORD — HOUSE June 27, 2005 them as they have integrated into American Mr. DENT. Mr. Speaker, I urge all ership’s selecting this bill for consider- society. Members to support House Concurrent ation so the entire Nation can ac- As we now find ourselves with the passage Resolution 71, and I yield back the bal- knowledge the life of this highly re- of this resolution appropriately recognizing the ance of my time. spected man. I also want to especially Caribbean American community, I find it ap- The SPEAKER pro tempore. The thank the distinguished gentleman propriate to point out a little-known, but ironic, question is on the motion offered by from Louisiana (Mr. JINDAL) for his fact. The first country to recognize the fledging the gentleman from Pennsylvania (Mr. work on this bill and his commitment United States in 1776 was the Caribbean is- DENT) that the House suspend the rules to recognizing Senator Hainkel. land of St. Eustatius. At a time when the odds and agree to the concurrent resolution, Prior to his passing, Senator Hainkel where stacked against our Nation, the Carib- H. Con. Res. 71. had served in Baton Rouge since 1968, bean was the first to extend the hand of The question was taken; and (two- when he was first elected to the State friendship. Now we have the opportunity to re- thirds having voted in favor thereof) house. He clearly earned the great return the favor with H. Con. Res. 71. I thank the rules were suspended and the con- spect of his colleagues because he be- the gentlewomen from California for her intro- current resolution was agreed to. came speaker of the house in 1980, and duction of this resolution, and I am confident A motion to reconsider was laid on he held that post through 1984. In 1988, that my colleagues will follow her lead. the table. New Orleans voters elected him to be Ms. JACKSON-LEE of Texas. Mr. Speaker, f their State senator. He ultimately be- I rise today as an original cosponsor to H. came president of the senate from 2000 JOHN J. HAINKEL POST OFFICE Con. Res. 71, which expresses the sense of through last year. He remained in the BUILDING Congress that there should be the institution senate until his passing in April. of a Caribbean-American Heritage Month. Per- Mr. DENT. Mr. Speaker, I move to Mr. Speaker, I support this post of- sons of Caribbean descent played a funda- suspend the rules and pass the bill fice designation on behalf of John J. mental role in the establishment of our Na- (H.R. 2346) to designate the facility of Hainkel, Jr. and urge all Members to tion—these same Diasporic communities con- the United States Postal Service lo- do the same. It seems clear his continue to contribute to the well being of the cated at 105 NW Railroad Avenue in tributions to the State of Louisiana United States today. Hammond, Louisiana, as the ‘‘John J. will be long lasting. I look forward to Beginning with the emigration of indentured Hainkel Post Office Building,’’ as the words of the gentleman from Lou- servants from the Caribbean to Jamestown, amended. isiana (Mr. JINDAL), sponsor of this leg- Virginia in 1619—through the slave trade the The Clerk read as follows: islation. following three centuries, it is not surprising to H.R. 2346 Mr. Speaker, I reserve the balance of find people of Caribbean heritage in every my time. Be it enacted by the Senate and House of Rep- Mr. DAVIS of Illinois. Mr. Speaker, I State of the Union. It is upon these first indi- resentatives of the United States of America in yield myself such time as I may con- vidual’s works and merits that a large part of Congress assembled, SECTION 1. JOHN J. HAINKEL, JR. POST OFFICE sume. this country was built. (Mr. DAVIS of Illinois asked and was Although the countries of the Caribbean BUILDING. given permission to revise and extend faced obstacles of slavery and colonialism, (a) DESIGNATION.—The facility of the his remarks.) their struggles for independence prevailed. United States Postal Service located at 105 NW Railroad Avenue in Hammond, Lou- Mr. DAVIS of Illinois. Mr. Speaker, This racially, culturally, and religiously diverse isiana, shall be known and designated as the as a Member of the House Committee region of the world contributes greatly to the ‘‘John J. Hainkel, Jr. Post Office Building’’. on Government Reform, I am pleased economy of our own Nation. While the Carib- (b) REFERENCES.—Any reference in a law, to join with my colleague in consider- bean is a vital supplier to the sugarcane, cof- map, regulation, document, paper, or other ation of H.R. 2346, legislation naming a record of the United States to the facility re- fee, cocoa, gold, tobacco, and banana indus- postal facility in Hammond, Louisiana, tries, their contributions exceed monetary ferred to in subsection (a) shall be deemed to be a reference to the ‘‘John J. Hainkel, Jr. after the late John J. Hainkel, Jr. This value. measure, which was introduced by the There have been many influential Carib- Post Office Building’’. gentleman from Louisiana (Mr. JINDAL) bean-Americans in the history of the United The SPEAKER pro tempore. Pursu- on May 12, 2005, and unanimously re- States, including: Colin Powell, the first Afri- ant to the rule, the gentleman from ported by our committee on June 16, can-American Secretary of State. Shirley Pennsylvania (Mr. DENT) and the gen- 2005, enjoys the support and cosponsor- Chisolm, the first African-American Congress- tleman from Illinois (Mr. DAVIS) each ship of the entire Louisiana delegation. woman and first African-American woman can- will control 20 minutes. The Chair recognizes the gentleman John Hainkel was first elected to the didate for President. Sidney Poitier, the first Louisiana legislature in 1968. He held from Pennsylvania (Mr. DENT). African-American actor to receive the Acad- that position for 20 years, also serving GENERAL LEAVE emy Award for the best actor in a leading role. as speaker of the house from 1980 to Harry Belafonte, a musician, actor, and activ- Mr. DENT. Mr. Speaker, I ask unani- 1984. ist. Claude McKay, a poet of the Harlem Ren- mous consent that all Members may aissance. Celia Cruz, world renowned queen have 5 legislative days within which to b 1500 of Salsa music. Roberto Clemente, the first revise and extend their remarks and in- The voters in uptown New Orleans Latino inducted into the baseball hall of fame; clude extraneous material on the bill elected him in 1988 to the State senate, and Al Roker, meteorologist and television under consideration. where he served until his death rep- personality. The SPEAKER pro tempore. Is there resenting the Sixth District. While From this short list, we see that Caribbean- objection to the request of the gen- serving in the senate, his colleagues Americans shared not only their culture, and tleman from Pennsylvania? elected him president of the senate in expertise in education, fine arts, business, lit- There was no objection. the Year 2000, a position he held until erature, jounalism, politics, and science, but Mr. DENT. Mr. Speaker, I yield my- 2004. He is the only legislator in Lou- the people of the Caribbean region also share self such time as I may consume. isiana history to hold the leadership the hopes and aspirations of the people of the Mr. Speaker, this legislation salutes position in both houses. Unites States for peace and prosperity the life of an extraordinary member of Senator Hainkel supported the arts, throughout the world. Given their contributions the Louisiana legislature, the late was pro-business, worked hard to clean to our Nation, it would only be appropriate of John Hainkel, Jr. John Hainkel served up Lake Pontchartrain, and loved to the people of the United Sates to observe the 20 years in the Louisiana State house hold legislative meetings over the bar- month of June with fitting ceremonies, activi- and another 25 years in the State sen- becue pit. He loved his district and ties, and celebrations. It is on these grounds ate until he passed away on April 15 State and served 38 years in politics that I request that Congress honor the estab- this year. I know he was a tremendous working to improve the lives of his lishment of Caribbean-American Heritage representative of his many constitu- constituents. Sadly, John Hainkel Month. ents and supporters. passed away this past April. Mr. DAVIS of Illinois. Mr. Speaker, I The State of Louisiana has mourned Mr. Speaker, designating the post of- have no further requests for time, and the loss of Senator Hainkel for several fice in Hammond, Louisiana, is an ex- I yield back the balance of my time. weeks, but I appreciate the House lead- cellent way to honor the memory of

VerDate Aug 04 2004 06:31 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.035 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5195 one of Louisiana’s political legends, them season after season, just with MAYOR JOSEPH S. DADDONA John Hainkel, Jr. I commend my col- slightly better seats than he had be- MEMORIAL POST OFFICE league for sponsoring this measure and fore. Mr. DENT. Mr. Speaker, I move to urge swift passage. Indeed, Senator Hainkel was known suspend the rules and pass the bill Mr. Speaker, I have no further re- for his friendship and was known for (H.R. 2490) to designate the facility of quests for time, and I yield back the reaching out to new members of the the United States Postal Service lo- balance of my time. bodies in which he served, to new mem- cated at 442 West Hamilton Street, Al- Mr. DENT. Mr. Speaker, I yield such bers of the administration. He truly lentown, Pennsylvania, as the ‘‘Mayor time as he may consume to the distin- brought a passion and an attitude of Joseph S. Daddona Memorial Post Of- guished gentleman from Louisiana (Mr. public servant leadership that too fice’’. JINDAL), the author of H.R. 2346. often is missing from our elected halls. The Clerk read as follows: Mr. JINDAL. Mr. Speaker, I thank He brought a spirit of bipartisanship, a H.R. 2490 the gentleman for yielding me time. spirit of love for his home State of Mr. Speaker, I rise both with a grate- Be it enacted by the Senate and House of Rep- Louisiana. resentatives of the United States of America in ful and also a heavy heart. I rise with Several things have been said about Congress assembled, a grateful heart and I want to thank Senator Hainkel and the years of serv- SECTION 1. MAYOR JOSEPH S. DADDONA MEMO- my colleagues for their speedy consid- ice he offered my State. I also want to RIAL POST OFFICE. eration of this resolution. I rise with a note that he is survived by his son, (a) DESIGNATION.—The facility of the heavy heart because of the untimely John J. Hainkel, III, his daughter, Ju- United States Postal Service located at 442 West Hamilton Street, Allentown, Pennsyl- passing of not only a colleague, but a liet Hainkel Holton, his other daugh- friend. vania, shall be known and designated as the ter, Alida Hainkel Furr, and by five ‘‘Mayor Joseph S. Daddona Memorial Post I first met John Hainkel well over a grandchildren. I know his family decade ago, and at that point he had al- Office’’. brought him much joy. I know they, (b) REFERENCES.—Any reference in a law, ready been involved in elected politics like I, am very saddened by his un- map, regulation, document, paper, or other for well over three decades. Senator timely and his early departure. record of the United States to the facility re- Hainkel, as you already heard, accom- It is hard, it would be really impos- ferred to in subsection (a) shall be deemed to plished many significant things in his sible, to overstate the amount of affec- be a reference to the ‘‘Mayor Joseph S. Daddona Memorial Post Office’’. public career. Indeed, he was the only tion and respect that Senator Hainkel person in Louisiana’s history to be engendered not only in his home dis- The SPEAKER pro tempore. Pursu- elected both speaker of the house and trict, but the home State of Louisiana. ant to the rule, the gentleman from president of our senate. Whether you were with him or against Pennsylvania (Mr. DENT) and the gen- His broad-based appeal, however, ex- him on a particular legislation, and I tleman from Illinois (Mr. DAVIS) each tended beyond party lines. He was was in both places, whether you were will control 20 minutes. elected as speaker of the house, serving The Chair recognizes the gentleman with him or against him in a particular as a Democrat, with the active support from Pennsylvania (Mr. DENT). election, and I was in both places, he of Louisiana’s first Republican Gov- was always a worthy friend and a wor- GENERAL LEAVE ernor elected in modern times. He then thy opponent. Mr. DENT. Mr. Speaker, I ask unani- went on to serve, when I first met him, I can certainly think of nothing that mous consent that all Members may as chairman of the senate budget com- would be more appropriate than nam- have 5 legislative days within which to mittee as a Republican, even though ing, at least as a small tribute to him, revise and extend their remarks and in- two-thirds of the senate at that time this post office in Hammond, Lou- clude extraneous material on H.R. 2490. was comprised of Democrats. Indeed, isiana, that was within the district he The SPEAKER pro tempore. Is there when he served as president of the sen- represented in the senate. Indeed, there objection to the request of the gen- ate as a Republican, two-thirds of the is a spirited election to replace him tleman from Pennsylvania? senate in Louisiana at the time was There was no objection. now. Two very distinguished women comprised of Democratic members. I Mr. DENT. Mr. Speaker, I yield my- are seeking that post. Though either think that fact alone shows his bipar- self such time as I may consume. one of them will serve well, neither of tisan support, his broad appeal to Mr. Speaker, H.R. 2490 honors Joseph them will be truly able to succeed and many senators and representatives. S. Daddona for his respected service to replace the giant that was John The reason he commanded such re- the community, my hometown, Allen- Hainkel. spect was the fact that he brought in- town, Pennsylvania. Mr. Daddona was tegrity, the fact he brought humor, I want to thank my colleagues again born in 1933, the son of Italian Amer- wit, the fact that he brought fashion to for their support. ican immigrants. He grew up in the the daily legislative tasks. Mr. DENT. Mr. Speaker, I yield my- Second Ward of Allentown, in an eth- But John was more than just a sen- self such time as I may consume. nically diverse neighborhood. ator, he was more than just a legis- Mr. Speaker, I simply urge all Mem- Too poor to attend college after grad- lator. Indeed, he was very accom- bers to support the passage of H.R. uating from what was then Allentown plished in those arenas. Senator 2436. High School, he enlisted in the United Hainkel not only worked with Pat Tay- Mr. Speaker, I yield back the balance States Navy and served his country lor to bring about Louisiana’s TOPS of my time. during the Korean War. After safely re- bill, which provides access for students The SPEAKER pro tempore (Mr. turning from overseas, Mr. Daddona to higher education, but he cham- RADANOVICH). The question is on the put himself through Lehigh University pioned many budget reforms, helping motion offered by the gentleman from and received an engineering degree. to turn deficits into surpluses, helping Pennsylvania (Mr. DENT) that the Although he began his career as a to reform our State’s health care sys- House suspend the rules and pass the planning engineer for the Western tem and helping to revive our State’s bill, H.R. 2346, as amended. Electric Company, he found himself in- economy. The question was taken; and (two- creasingly drawn to politics in the City But his accomplishments outside the thirds having voted in favor thereof) of Allentown. In the mid-1960s, as a legislature were almost as noteworthy the rules were suspended and the bill, member of the Allentown Jaycees, Joe as his accomplishments inside the leg- as amended, was passed. Daddona spearheaded the effort to cre- islature. John was also not only a dedi- The title of the bill was amended so ate a Charter Study Commission for cated senator, a dedicated representa- as to read: ‘‘A bill to designate the fa- the city. He subsequently won a seat on tive, he was also a dedicated Tulane cility of the United States Postal Serv- that commission, helped draft the fan. I know that he watched from ice located at 105 NW Railroad Avenue city’s strong mayor form of govern- above as his Green Wave served him in Hammond, Louisiana, as the ‘John ment, and later served a term as an Al- well in Omaha and went on to do so J. Hainkel, Jr. Post Office Building’.’’. lentown city councilman. well in the College World Series. I A motion to reconsider was laid on In 1973, Daddona was elected mayor know that he will still be watching the table. for the first time. During his tenure,

VerDate Aug 04 2004 03:58 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.020 H27PT1 H5196 CONGRESSIONAL RECORD — HOUSE June 27, 2005 Allentown was designated an All-Amer- Mr. DENT. Mr. Speaker, I yield my- Whereas Mystic Seaport also features a rep- ican City, one of his proudest accom- self such time as I may consume. resentative 19th-century New England coastal plishments and something he spoke of Mr. Speaker, I thank all my col- village featuring skilled tradesmen and live in- leagues for their support of this effort terpretation to engage, educate, and entertain often. He stood for reelection in 1977, its visitors; but lost by 121 votes. Undeterred, Joe to honor my late friend, Joe Daddona. Whereas Mystic Seaport maintains edu- Daddona ran again in 1981 and won. He Mr. Speaker, I have no further re- cational and outreach programs for all levels in- also triumphed in 1985 and 1993, making quests for time, and I yield back the cluding accredited graduate and undergraduate him the longest serving mayor in the balance of my time. programs through the Munson Institute and city’s history, along with Malcolm W. The SPEAKER pro tempore. The Williams-Mystic, the cooperative Maritime Stud- Gross. question is on the motion offered by ies Program of Williams College and Mystic Sea- Mayor Daddona’s other endeavors in- the gentleman from Pennsylvania (Mr. port; Whereas Mystic Seaport continues to attract clude establishing parks, fire stations, DENT) that the House suspend the rules more than 300,000 visitors each year and mil- and high-rise apartments for the elder- and pass the bill, H.R. 2490. lions of other individuals through its interactive ly. He also improved environmental The question was taken; and (two- internet web site, demonstrating its role as a conditions at the local sewage treat- thirds having voted in favor thereof) vital cultural and educational center; ment facility and was responsible for the rules were suspended and the bill Whereas more than 1,500 volunteers each year numerous modifications to local traffic was passed. assist 300 professional and support staff in pre- patterns. A motion to reconsider was laid on serving and interpreting the collections of the Mystic Seaport and in delivering its unique pro- Daddona was a relentless booster for the table. grams; and the city of Allentown. He was con- f Whereas Mystic Seaport has recently com- stantly in touch with his constituents COMMEMORATING MYSTIC SEA- pleted a comprehensive self-study and a stra- and worked tirelessly to solve neigh- tegic program and master plan, and has recom- PORT: THE MUSEUM OF AMER- borhood problems. He loved to show off mitted itself to its mission with an effort to ICA AND THE SEA IN RECOGNI- the city during Super Sunday and May- strengthen its endowment and make its pro- TION OF ITS 75TH YEAR fair events. grams more cohesive and compelling: Now, Mr. FORTUNA. Mr. Speaker, I move therefore, be it After his political career ended, he Resolved by the House of Representatives (the appeared on various local television to suspend the rules and agree to the Senate concurring), That Congress— and radio shows, in part to extol the concurrent resolution (H. Con. Res. 152) (1) commemorates Mystic Seaport: the Mu- virtues of the city. Daddona died after commemorating Mystic Seaport: the seum of America and the Sea in recognition a long battle with cancer on June 5, Museum of America and the Sea in rec- of its 75th year and commends the staff, vol- 2004. He is survived by his wife Ann and ognition of its 75th year, as amended. unteers, and trustees of the Museum and en- their children. The Clerk read as follows: courages them in their efforts to create greater awareness of America’s relationship Mr. Speaker, I urge all my colleagues H. Con. Res. 152 to the sea and the profound impact of mari- to join me in support of H.R. 2490 in Whereas Mystic Seaport: the Museum of time transportation and commerce upon our recognition and memory of my friend, America and the Sea was founded as the Marine Nation’s economic growth; the late Mayor Joe Daddona. Historical Association on December 29, 1929, to (2) supports Mystic Seaport’s presentation Mr. Speaker, I reserve the balance of preserve, protect, and honor the legacy of Amer- of our Nation’s Merchant Mariners and ship- my time. ica’s great maritime tradition and culture; builders whose efforts promoted the expan- Mr. DAVIS of Illinois. Mr. Speaker, I Whereas Mystic Seaport has grown into the sion of maritime transportation and com- yield myself such time as I may con- largest, most diverse maritime museum, and the merce; fourth largest history museum, in the Nation; sume. (3) asks all Americans to join in cele- Whereas the mission of Mystic Seaport is to brating this milestone for Mystic Seaport (Mr. DAVIS of Illinois asked and was create a greater awareness and deeper apprecia- and its mission of preserving and inter- given permission to revise and extend tion of America’s relationship to the sea and the preting the legacy of American maritime his remarks.) impact of that relationship upon us as individ- transportation and tradition; and Mr. DAVIS of Illinois. Mr. Speaker, uals and as a Nation; (4) encourages Mystic Seaport in its efforts as a member of the House Committee Whereas the collections of Mystic Seaport in- to secure the future of its collections and on Government Reform, I am pleased clude four National Historic Landmark vessels programs and supports its efforts to make to join my colleague in consideration including the CHARLES W. MORGAN, the last those programs even more compelling and wooden whaling ship in the world; the LA of H.R. 2490, legislation naming the engaging. DUNTON, one of the few remaining fishing The SPEAKER pro tempore. Pursu- postal facility in Allentown, Pennsyl- schooners of its era; the SABINO, one of the last vania, after the late Joseph S. ant to the rule, the gentleman from coal-fired, steam ships still in operation; and the ˜ Daddona, the former mayor of Allen- EMMA C. BERRY, an 1866 wooden fishing ves- Puerto Rico (Mr. Fortuno) and the gen- town. sel; tlewoman from California (Ms. This measure, which was introduced Whereas Mystic Seaport also maintains the MILLENDER-MCDONALD) each will con- by the gentleman from Pennsylvania largest collection of watercraft in the nation trol 20 minutes. The Chair recognizes the gentleman (Mr. DENT) on May 19, 2005 and unani- with more than 500 vessels representing sail, oar, paddle and engine-powered boats spanning from Puerto Rico (Mr. Fortun˜ o). mously reported by our committee on 2 centuries of history; GENERAL LEAVE June 16, 2005, enjoys the support and Whereas Mystic Seaport also features the ˜ cosponsorship of the entire Pennsyl- Mr. FORTUNO. Mr. Speaker, I ask Henry B. duPont Preservation Shipyard as a unanimous consent that all Members vania delegation. live working facility that showcases and inter- may have 5 legislative days within Born and raised in Allentown, Joseph prets the art of shipbuilding and restoration, in- which to revise and extend their re- Daddona served 8 years in the U.S. cluding the restoration of its iconic National marks on H. Con. Res. 152. Navy during and after the Korean War. Historic Landmark vessels; Whereas Mystic Seaport put the Preservation The SPEAKER pro tempore. Is there From 1966 to 1994, he served as the objection to the request of the gen- mayor of Allentown, the longest serv- Shipyard to its highest and best use in repli- cating the schooner AMISTAD in full public tleman from Puerto Rico? ing mayor in the town’s history. As view, demonstrating its claim that Mystic Sea- There was no objection. mayor, Joseph worked hard to improve port is the only museum in the world that can Mr. FORTUN˜ O. Mr. Speaker, I yield the lives of his constituents. He estab- build a large wooden vessel from the keel up and myself such time as I may consume. lished parks, housing for seniors, and launch it as part of a comprehensive museum Mr. Speaker, H. Con. Res. 152 was in- improved environmental conditions. experience; troduced by my colleague, the gen- Sadly, he passed away last June. Whereas the Collections Research Center of tleman from Connecticut (Mr. SIM- Mr. Speaker, I commend my col- Mystic Seaport houses 75,000 maritime artifacts, MONS), and commemorates Mystic Sea- league for seeking to honor the legacy more than one million photographs, and 1.5 mil- port, the Museum of America and the of Joseph Daddona and urge swift pas- lion feet of film, and is a dynamic national maritime research facility; Sea, in recognition of its 75th year. sage of this bill. Whereas the G.W. Blunt White Library is one Mystic Seaport was founded in 1929 to Mr. Speaker, I have no further re- of the largest and most thoroughly catalogued preserve, protect, and honor the legacy quests for time, and I yield back the and accessible collections of marine and mari- of America’s great tradition and cul- balance of my time. time research material in the world; ture.

VerDate Aug 04 2004 03:58 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.022 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5197 Mystic Seaport is the largest mari- Cutler created the Marine Historical Associa- The Clerk read as follows: time museum and fourth largest his- tion on December 29, 1929 to prevent the dis- H.R. 1412 tory museum in the Nation and at- appearance of the American maritime tradi- Be it enacted by the Senate and House of Rep- tracts more than 300,000 visitors annu- tion. Today, the Marine Historical Association resentatives of the United States of America in ally. is known as Mystic Seaport: the Museum of Congress assembled, The mission of Mystic Seaport is to America and the Sea. Since the inception of SECTION 1. SHORT TITLE. create a greater awareness and deeper the Mystic Seaport Museum, it has become This Act may be cited as the ‘‘Delaware River appreciation of America’s relationship the largest maritime museum, and the fourth Protection Act of 2005’’. to the sea and to highlight the impact largest history museum in the nation. The SEC. 2. REQUIREMENT TO NOTIFY COAST GUARD of that relationship upon us as individ- Seaport’s membership represents 25,000 peo- OF RELEASE OF OBJECTS INTO THE NAVIGABLE WATERS OF THE UNITED uals and as a Nation. ple from all 50 states and 30 countries. More STATES. Both the gentleman from Con- than 1,500 volunteers assist Mystic Seaport’s The Ports and Waterways Safety Act (33 necticut (Mr. SIMMONS) and I represent 300 employees each year. U.S.C. 1221 et seq.) is amended by adding at the districts in which maritime activities Mystic Seaport has helped increase aware- end the following: play an important role in the lives of ness and appreciation of America’s maritime ‘‘SEC. 15. REQUIREMENT TO NOTIFY COAST many of our constituents and are an tradition. The museum features the largest col- GUARD OF RELEASE OF OBJECTS lection of watercraft in the nation, which in- INTO THE NAVIGABLE WATERS OF important part of the history of our THE UNITED STATES. cludes four National Historic Landmark ves- States. ‘‘(a) REQUIREMENT.—As soon as a person has I urge my colleagues to support this sels. The vessels include the Charles W. Mor- knowledge of any release from a vessel or facil- resolution and join in celebrating this gan, the last wooden whaling ship in the ity into the navigable waters of the United 75-year milestone for Mystic Seaport. world, and the Sabino, the last coal-fired States of any object that creates an obstruction Mr. Speaker, I reserve the balance of steam ship still in operation. The Mystic Sea- prohibited under section 10 of the Act of March my time. port Museum’s Collections Research Center 3, 1899, popularly known as the Rivers and Har- bors Appropriations Act of 1899 (chapter 425; 33 Ms. MILLENDER-MCDONALD. Mr. functions as a dynamic resource for maritime U.S.C. 403), such person shall notify the Sec- Speaker, I yield myself such time as I research. The G.W. Blunt White Library is one of the leading collections of maritime research retary and the Secretary of the Army of such re- may consume. lease. Mr. Speaker, I too rise in support of material in the world. Recently, the library has ‘‘(b) RESTRICTION ON USE OF NOTIFICATION.— H. Con. Res. 152 commemorating the assembled a virtual run of the earliest pub- Any notification provided by an individual in 75th anniversary of the Mystic Seaport, lished American ship registers. The Mystic accordance with subsection (a) shall not be used Museum of America and the Sea. Many Seaport Museum has made significant con- against such individual in any criminal case, Americans do not appreciate their U.S. tributions in maintaining the cultural integrity of except a prosecution for perjury or for giving a maritime history and the legacy of the our nation’s maritime legacy. false statement.’’. sea. Mystic Seaport was also involved in the SEC. 3. LIMITS ON LIABILITY. The Mystic Seaport Museum was es- construction of a replica of the freedom schoo- (a) ADJUSTMENT OF LIABILITY LIMITS.— ner Amistad, which serves as a floating class- (1) TANK VESSELS.—Section 1004(a)(1) of the tablished in 1929 to protect that his- Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is tory and legacy. The Mystic Seaport room and monument to those who lost their freedom or their lives due to the transatlantic amended— Museum is the largest and most diverse (A) by redesignating subparagraph (B) as sub- maritime museum in the United slave trade. I was privileged to attend the paragraph (C); States. Its collections include many launch of the Amistad in March 2000 at Mystic (B) by striking subparagraph (A) and insert- types of ships from our past, including Seaport with a delegation from the Congres- ing the following: a whaling ship, a fishing schooner, a sional Black Caucus. ‘‘(A) with respect to a single-hull vessel, in- Mr. Speaker, I ask that my colleagues join cluding a single-hull vessel fitted with double coal-fired steamship, and a wooden me today in honoring Mystic Seaport’s role in sides only or a double bottom only— shipping vessel built in 1866. preserving America’s maritime culture. For the ‘‘(i) $1,550 per gross ton for an incident that Mystic Seaport is providing a valu- past 75 years, Connecticut has been proud to occurs in 2005; able service to our Nation by teaching be the home of the Mystic Seaport Museum, ‘‘(ii) $1,900 per gross ton for an incident that Americans about our Nation’s mari- occurs in 2006; or which continues to be a vital protector of the ‘‘(iii) $2,250 per gross ton for an incident that time history, promoting research in Nation’s nautical history. their vast collections of artifacts, pho- occurs in 2007 or in any year thereafter; or Ms. MILLENDER-MCDONALD. Mr. ‘‘(B) with respect to a double-hull vessel tographs and books, and conducting Speaker, I yield back the balance of (other than any vessel referred to in subpara- outreach programs to students of all my time. graph (A))— ages. Mr. FORTUN˜ O. Mr. Speaker, I have ‘‘(i) $1,350 per gross ton for an incident that b 1515 no further requests for time, and I occurs in 2005; yield back the balance of my time ‘‘(ii) $1,500 per gross ton for an incident that Therefore, Mr. Speaker, I urge all of The SPEAKER pro tempore (Mr. occurs in 2006; and my colleagues to support this resolu- ‘‘(iii) $1,700 per gross ton for any incident that ISSA). The question is on the motion of- occurs in 2007 or in any year thereafter; or’’; tion commemorating the 75th anniver- fered by the gentleman from Puerto sary of Mystic Seaport, and I hope that and Rico (Mr. FORTUN˜ O) that the House sus- they will continue their programs to (C) in subparagraph (C), as redesignated by pend the rules and agree to the concur- subparagraph (A) of this paragraph— continue to grow and flourish in the rent resolution, H. Con. Res. 152, as (i) in clause (i) by striking ‘‘$10,000,000’’ and years ahead. I urge the adoption of the amended. inserting ‘‘$14,000,000’’; and resolution. The question was taken; and (two- (ii) in clause (ii) by striking ‘‘$2,000,000’’ and Mr. LARSON of Connecticut. Mr. Speaker, I thirds having voted in favor thereof) inserting ‘‘$2,500,000’’. rise today in support of H. Con. Res. 152 the rules were suspended and the con- (2) LIMITATION ON APPLICATION.—In the case which acknowledges the 75th anniversary of of an incident occurring before the date of the current resolution, as amended, was enactment of this Act, section 1004(a)(1) of the Mystic Seaport: the Museum of America and agreed to. the Sea. This resolution recognizes the efforts Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) A motion to reconsider was laid on shall apply as in effect immediately before the of the staff, volunteers, and trustees of the the table. effective date of this subsection. museum in preserving America’s great mari- f (b) ADJUSTMENT TO REFLECT CONSUMER PRICE time tradition. Mystic Seaport is also one of INDEX.—Section 1004(d)(4) of the Oil Pollution the jewels of my home state of Connecticut. DELAWARE RIVER PROTECTION Act of 1990 (33 U.S.C. 2704(d)(4)) is amended to Since the 1600’s, the Mystic Seaport has ACT OF 2005 read as follows: been a center for shipbuilding. Between 1784 Mr. LOBIONDO. Mr. Speaker, I move ‘‘(4) ADJUSTMENT TO REFLECT CONSUMER PRICE and 1919, Mystic Seaport contributed more to suspend the rules and pass the bill INDEX.—The President shall, by regulations (H.R. 1412) to amend the Ports and Wa- issued no later than 3 years after the date of the than 600 vessels to the American maritime en- enactment of the Delaware River Protection Act terprise. After the advent of steam power and terways Safety Act to require notifica- of 2005 and no less than every 3 years there- railroads, wooden shipbuilding began to de- tion of the Coast Guard regarding ob- after, adjust the limits on liability specified in cline. Three Mystic, Connecticut residents, Ed- structions to navigation, and for other subsection (a) to reflect significant increases in ward Bradley, Dr. Charles Stillman, and Carl purposes, as amended. the Consumer Price Index.’’.

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 6333 E:\CR\FM\K27JN7.025 H27PT1 H5198 CONGRESSIONAL RECORD — HOUSE June 27, 2005 SEC. 4. REQUIREMENT TO UPDATE PHILADEL- prevention of and response to future oil spills in The SPEAKER pro tempore. Pursu- PHIA AREA CONTINGENCY PLAN. the Delaware River and Delaware Bay. ant to the rule, the gentleman from The Philadelphia Area Committee established (2) MEETINGS.—The Committee— New Jersey (Mr. LOBIONDO) and the under section 311(j)(4) of the Federal Water Pol- (A) shall hold its first meeting not later than gentlewoman from California (Ms. lution Control Act (33 U.S.C. 1321(j)(4)) shall, by 60 days after the completion of the appointment not later than 12 months after the date of the of the members of the Committee; and MILLENDER-MCDONALD) each will con- enactment of this Act and not less than annu- (B) shall meet thereafter at the call of the trol 20 minutes. ally thereafter, review and revise the Philadel- Chairman. The Chair recognizes the gentleman phia Area Contingency Plan to include avail- (c) MEMBERSHIP.—The Committee shall consist from New Jersey (Mr. LOBIONDO). able data and biological information on environ- of 15 members who have particular expertise, GENERAL LEAVE mentally sensitive areas of the Delaware River knowledge, and experience regarding the trans- Mr. LOBIONDO. Mr. Speaker, I ask and Delaware Bay that has been collected by portation, equipment, and techniques that are unanimous consent that all Members Federal and State surveys. used to ship cargo and to navigate vessels in the may have 5 legislative days within SEC. 5. SUBMERGED OIL REMOVAL. Delaware River and Delaware Bay, as follows: (a) AMENDMENTS.—Title VII of the Oil Pollu- (1) Three members who are employed by port which to revise and extend their re- tion Act of 1990 is amended— authorities that oversee operations on the Dela- marks on H.R. 1412. (1) in section 7001(c)(4)(B) (33 U.S.C. ware River or have been selected to represent The SPEAKER pro tempore. Is there 2761(c)(4)(B)) by striking ‘‘RIVERA,’’ and in- these entities, of whom— objection to the request of the gen- serting ‘‘RIVERA and the T/V ATHOS I;’’; and (A) one member must be an employee or rep- tleman from New Jersey? (2) by adding at the end the following: resentative of the Port of Wilmington; There was no objection. ‘‘SEC. 7002. SUBMERGED OIL PROGRAM. (B) one member must be an employee or rep- Mr. LOBIONDO. Mr. Speaker, I yield ‘‘(a) PROGRAM.— resentative of the South Jersey Port Corpora- myself such time as I may consume. ‘‘(1) ESTABLISHMENT.—The Undersecretary of tion; and Mr. Speaker, H.R. 1412, the Delaware Commerce for Oceans and Atmosphere, in con- (C) one member must be an employee or representative of the Philadelphia Regional Port River Protection Act, makes several junction with the Commandant of the Coast amendments to current law to enhance Guard, shall establish a program to detect, mon- Authority. itor, and evaluate the environmental effects of (2) Two members who represent organizations the Coast Guard’s and the Federal Gov- submerged oil. Such program shall include the that operate tugs or barges that utilize the port ernment’s capability to prevent and re- following elements: facilities on the Delaware River and Delaware spond to future oil spills in U.S. wa- ‘‘(A) The development of methods to remove, Bay. ters. disperse or otherwise diminish the persistence of (3) Two members who represent shipping com- On November 26 of 2004, the ATHOS I submerged oil. panies that transport cargo by vessel from ports struck a submerged object and released ‘‘(B) The development of improved models and on the Delaware River and Delaware Bay. (4) Two members who represent operators of more than 260,000 gallons of heavy capacities for predicting the environmental fate, crude oil into the Delaware River. I transport, and effects of submerged oil. oil refineries on the Delaware River and Dela- ‘‘(C) The development of techniques to detect ware Bay. commend the excellent work of the and monitor submerged oil. (5) Two members who represent environmental Coast Guard, in cooperation with other ‘‘(2) REPORT.—The Secretary of Commerce and conservation interests. Federal and State agencies, to mini- shall, no later than 3 years after the date of the (6) Two members who represent State-licensed mize the impact of the spill. However, enactment of the Delaware River Protection Act pilots who work on the Delaware River and this incident has brought several issues of 2005, submit to the Committee on Transpor- Delaware Bay. (7) One member who represents labor organi- to light that are needed to enhance our tation and Infrastructure of the House of Rep- capabilities to prevent and to respond resentatives and the Committee on Commerce, zations that load and unload cargo at ports on Science, and Transportation and the Committee the Delaware River and Delaware Bay. to future oil spills. on Environment and Public Works of the Senate (8) One member who represents the general Mr. Speaker, H.R. 1412 would require a report on the activities carried out under this public. persons to notify the Coast Guard in subsection and activities proposed to be carried (d) APPOINTMENT OF MEMBERS.—The Com- the event that an object is released out under this subsection. mandant shall appoint the members of the Com- into U.S. waters that could cause the ‘‘(3) FUNDING.—There is authorized to be ap- mittee, after soliciting nominations by notice obstruction to navigation or, in the propriated to the Secretary of Commerce published in the Federal Register. case of the ATHOS I, rip open the bot- $1,000,000 for each of fiscal years 2006 through (e) CHAIRMAN AND VICE CHAIRMAN.—The Committee shall elect, by majority vote at its tom of a ship. Mr. Speaker, let me give 2010 to carry out this subsection. an example of why this provision is ‘‘(b) DEMONSTRATION PROJECT.— first meeting, one of the members of the Com- ‘‘(1) REMOVAL OF SUBMERGED OIL.—The Com- mittee as the Chairman and one of the members necessary. Under current regulations, mandant of the Coast Guard, in conjunction as the Vice Chairman. The Vice Chairman shall an individual must report the creation with the Undersecretary of Commerce for act as Chairman in the absence of or incapacity of an obstruction only when the ob- Oceans and Atmosphere, shall conduct a dem- of the Chairman, or in the event of vacancy in struction is caused by a sunken vessel. onstration project for the purpose of developing the Office of the Chairman. In other words, you must notify the and demonstrating technologies and manage- (f) PAY AND EXPENSES.— Coast Guard when a vessel, whether a (1) PROHIBITION ON PAY.—Members of the ment practices to remove submerged oil from the dinghy or a cruise ship, is sunk in a Delaware River and other navigable waters. Committee who are not officers or employees of navigable waterway, but you need not ‘‘(2) FUNDING.—There is authorized to be ap- the United States shall serve without pay. Mem- propriated to the Commandant of the Coast bers of the Committee who are officers or em- report the loss of a large object such as Guard $2,000,000 for each of fiscal years 2006 ployees of the United States shall receive no ad- a 7-foot anchor which, in this case, through 2010 to carry out this subsection.’’. ditional pay on account of their service on the ripped the hull of the ATHOS I. (b) CLERICAL AMENDMENT.—The table of sec- Committee. The notification requirement in- tions in section 2 of such Act is amended by in- (2) EXPENSES.—While away from their homes cluded in this bill will provide the serting after the item relating to section 7001 the or regular places of business, members of the Coast Guard with the information nec- Committee may be allowed travel expenses, in- following: essary to mark the location of poten- ‘‘Sec. 7002. Submerged oil program.’’. cluding per diem, in lieu of subsistence, as authorized by section 5703 of title 5, United States tial obstructions on nautical charts SEC. 6. DELAWARE RIVER AND BAY OIL SPILL AD- Code. until those obstructions can be re- VISORY COMMITTEE. (g) TERMINATION.—The Committee shall termi- moved. This provision will improve (a) ESTABLISHMENT.—There is established the nate one year after the completion of the ap- Delaware River and Bay Oil Spill Advisory maritime safety and will protect the pointment of the members of the Committee. Committee (in this section referred to as the environment and economies of our ‘‘Committee’’). SEC. 7. MARITIME FIRE AND SAFETY ACTIVITIES. local communities by further pre- (b) FUNCTIONS.— The Maritime Transportation Security Act of venting similar mishaps in the future. (1) IN GENERAL.—The Committee shall, by not 2002 (Public Law 107–295) is amended— H.R. 1412 also directs the President to later than 1 year after the date the Com- (1) in section 407— adjust liability limits for vessel owners (A) in the heading by striking ‘‘ mandant of the Coast Guard (in this section re- LOWER CO- to reflect changes in the Consumer LUMBIA RIVER’’; and ferred to as the ‘‘Commandant’’) completes ap- Price Index since 1990 and establishes a pointment of the members of the Committee, (B) by striking ‘‘$987,400’’ and inserting make recommendations to the Commandant, the ‘‘$1,500,000’’; and research program to develop and test Committee on Transportation and Infrastruc- (2) in the table of contents in section 1(b) by technologies to detect and remove sub- ture of the House of Representatives, and the striking the item relating to section 407 and in- merged oil from our waterways. Committee on Commerce, Science, and Transpor- serting the following: This bill will provide the Federal tation of the Senate on methods to improve the ‘‘Sec. 407. Maritime fire and safety activities.’’. Government with authorities that will

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.011 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5199 enhance our capabilities to prevent and actment of H.R. 1412, the Delaware government activities that have poten- respond to future oil spills in U.S. wa- River Protection Act of 2005. tial safety, environmental, and eco- ters. I would like to thank my col- Mr. Speaker, I yield back the balance nomic consequences. This bill will help leagues, the gentleman from New Jer- of my time. our region to be prepared and assure sey (Mr. SAXTON), the gentleman from Mr. LOBIONDO. Mr. Speaker, I yield that important steps are taken to pre- New Jersey (Mr. ANDREWS), the gen- 5 minutes to the gentleman from Dela- serve the Delaware River. tleman from Delaware (Mr. CASTLE), ware (Mr. CASTLE), and I thank him Again, I thank the gentleman from and the gentlewoman from Pennsyl- again for his participation and help. New Jersey (Mr. LOBIONDO) and the vania (Ms. SCHWARTZ), for their help, Mr. CASTLE. Mr. Speaker, I do rise others who worked on this, and I sin- participation, and cosponsoring this in support of this important legisla- cerely encourage my colleagues’ sup- bill. tion, and I thank the gentleman from port for this legislation. I hope that, I urge the House to support H.R. 1412. New Jersey (Mr. LOBIONDO) for working with the cooperation of the Senate, Mr. Speaker, I reserve the balance of on this bill for the past several months. this will become law shortly to protect my time. He has worked extraordinarily hard on the Delaware River. Ms. MILLENDER-MCDONALD. Mr. it and deserves a lot of credit. As chair- Mr. LOBIONDO. Mr. Speaker, I am Speaker, I yield myself such time as I man of the Subcommittee on Coast pleased to yield 5 minutes to the gen- may consume. Guard and Maritime Transportation, tlewoman from Pennsylvania (Ms. Mr. Speaker, I rise today in support he is a fierce defender of our environ- SCHWARTZ) and again thank her for her of H.R. 1412, the Delaware River Pro- mental resources, and specifically the participation. tection Act of 2005. On November 26, Delaware River; and we all appreciate Mr. SCHWARTZ of Pennsylvania. Mr. 2004, the tanker ATHOS I hit a piece of it in that neck of the woods. Speaker, I appreciate the efforts of the pipe and an anchor that had been I do share his goal of protecting the gentleman from New Jersey (Mr. dumped into the Delaware River, spill- viability of the Delaware River as a LOBIONDO) and the opportunity to ing oil into the Delaware River near valued environmental resource, and I make a few remarks on this legisla- Paulsboro, New Jersey. The Coast also believe that the commerce chan- tion. Guard immediately began coordinating nel is a top priority for the sur- On November 26, 2004, the ATHOS I the response to this large spill. rounding States. oil tanker struck a submerged object On January 18, 2005, the Sub- Last November, a tragic oil spill, near Paulsboro, New Jersey, and committee on Coast Guard and Mari- which has been referred to by the pre- spilled 265,000 gallons of oil into the time Transportation conducted a field vious speakers, in the Delaware River Delaware River. The spill, the largest hearing in Philadelphia to see what set off a course of events which has led to occur in the Delaware River in the policy changes should be made to help to the important legislation here be- last 16 years, struck at the heart of our region, occurring in the Port of Phila- prevent this type of accident from hap- fore us today, the Delaware River Pro- delphia. pening again. H.R. 1412 was written as tection Act. Beginning with a congres- Two months after the spill, on my a result of that hearing. sional hearing in January, it has been 15th day as a Member of Congress, my No one seems to know where the pipe a top priority to not only address the 15th day on the job, the gentleman and anchor came from that the ATHOS cleanup of the oil spill but how we can from New Jersey (Mr. LOBIONDO) con- I hit, but H.R. 1412 will require a person look to the future. One clear outcome vened a hearing in Philadelphia to ex- to notify the Coast Guard and the is prevention, working together as a re- amine the damage of the spill, the on- Army Corps of Engineers if they know gion to learn from this accident. going cleanup effort, and what else of any object that has been dumped The gentleman from New Jersey might be needed to be done, either now into the water that creates an obstruc- (Chairman LOBIONDO) has worked hard or in the future. I appreciated the tion to navigation. to draft legislation that I believe will chairman’s willingness to have me par- As the gentlewoman from Pennsyl- make a real difference in protecting ticipate in that hearing as a very new vania (Ms. SCHWARTZ) pointed out at the Delaware River from another spill member of the Committee on Trans- the hearing, the limit of liability of and in protecting the Delaware River portation and Infrastructure. tank vessel owners has not been in- as a valued natural resource. We all found, and we heard from the creased since the Oil Pollution Act of I support the bill, which will estab- testimony, that this spill had caused 1990 was enacted in response to the lish the Delaware River and Bay Oil millions of dollars in damages and af- Exxon Valdez. OPA granted the Coast Spill Advisory Committee. A regional fected more than 100 miles of shoreline Guard the authority to increase the committee will be paramount to ad- in three States. Moreover, it impeded limits of liability for tank vessel own- dressing issues facing the Delaware trade, temporarily shut down a nuclear ers based on the increase in the Con- River, both environmental and indus- power plant, put area drinking water sumer Price Index. However, they have trial, and will serve as a sounding at risk, and injured and killed wildlife. never increased those limits. H.R. 1412 board for issues concerning the Dela- Unfortunately, many regional environ- will increase the liability limits for oil ware River. mental experts testified that the im- spills up to a more modern amount and Some of the committee’s responsibil- pact of the oil spill would continue to require these amounts to be adjusted ities will include developing rec- linger, further damaging critical spe- not less than every 3 years. ommendations for Congress on the pre- cies such as oysters and horseshoe One of the significant problems fac- vention of and response to future oil crabs. The devastating multiplier ef- ing the agencies trying to clean up this spills on the Delaware River and bay; fect of the spill and the expert testi- spill is the fact that much of the heavy reporting to Congress regarding impor- monies made clear that action was oil is sitting on the bottom of the tant issues affecting the health of the needed, not just for the cleanup, but river. H.R. 1412 will establish a pro- Delaware River, while ensuring that for prevention. gram to monitor and evaluate the envi- there is a balanced approach to the As a consequence of what we found, ronmental effects of submerged oil. issues. the gentleman from New Jersey (Mr. H.R. 1412 also establishes the Dela- The committee will be made up of ap- LOBIONDO), the gentleman from Dela- ware River and Bay Oil Spill Advisory pointed experts in many different ware (Mr. CASTLE), the gentleman from Committee to make recommendations areas, from the operators of oil refin- New Jersey (Mr. ANDREWS), and the on methodologies to improve the pre- eries to environmental advocates. As a gentleman from New Jersey (Mr. vention and response to future oil result, this committee will be able to SAXTON) and I coauthored this bill, a spills on the Delaware River and Dela- examine the breadth of issues facing bill that would protect the environ- ware Bay. the river. The recommendations need mental integrity and economic vitality I would like to thank the gentleman not be unanimous, allowing representa- of the Delaware River and the greater from New Jersey (Chairman LOBIONDO) tion of transparent and likely diver- Philadelphia area. for the bipartisan approach that he has gent viewpoints. Mr. Speaker, the Delaware River Pro- used to develop this legislation, and I In the coming years, our States will tection Act will take several very im- urge my colleagues to support the en- face numerous proposed industrial and portant steps to help prevent future oil

VerDate Aug 04 2004 03:58 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.028 H27PT1 H5200 CONGRESSIONAL RECORD — HOUSE June 27, 2005 spills. It will require mandatory re- (H.R. 481) to further the purposes of the SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICA- porting to the Coast Guard of over- Sand Creek Massacre National Historic TION OF DESCRIPTION. board objects in order to facilitate (a) SURVEY OF BOUNDARY LINE.—To accu- Site Establishment Act of 2000, as rately establish the boundary of the trust prop- their recovery and will impose civil or amended. erty, not later than 180 days after the date of criminal penalties for those who fail to The Clerk read as follows: enactment of this Act, the Secretary shall cause give prompt notification. It will en- H.R. 481 a survey to be conducted by the Office of Cadas- courage shippers to use double-hull Be it enacted by the Senate and House of Rep- tral Survey of the Bureau of Land Management tankers, which are safer and less sus- resentatives of the United States of America in of the boundary lines described in section 2(5). ceptible to the damage caused by the Congress assembled, (b) PUBLICATION OF LAND DESCRIPTION.— (1) IN GENERAL.—On completion of the survey single hull tankers. It will hold ship- SECTION 1. SHORT TITLE. under subsection (a), and acceptance of the sur- pers accountable for damages caused This Act may be cited as the ‘‘Sand Creek vey by the representatives of the Tribe, the Sec- Massacre National Historic Site Trust Act of by a spill by phasing in an increased li- retary shall cause the full metes and bounds de- 2005’’. ability standard, the first increase scription of the lines, with a full and accurate since 1990. And it will establish a River SEC. 2. DEFINITIONS. description of the trust property, to be published and Bay Advisory Committee which In this Act: in the Federal Register. will be comprised of representatives (1) FACILITY.—The term ‘‘facility’’ means any (2) EFFECT.—The description shall, on publi- from shipping, oil, labor, environment, structure, utility, road, or sign constructed on cation, constitute the official description of the the trust property on or after the date of enact- and the general public to report to trust property. ment of this Act. SEC. 6. ADMINISTRATION OF TRUST PROPERTY. Congress on how best to prevent and (2) IMPROVEMENT.—The term ‘‘improvement’’ (a) IN GENERAL.—The trust property shall be respond to future incidences along the means— administered in perpetuity by the Secretary as Delaware River. (A) a 1,625 square foot 1-story ranch house, part of the Sand Creek Massacre National His- I also want to note that in addition built in 1952, located in the SW quarter of sec. toric Site, only for historical, traditional, cul- 30, T. 17 S., R. 45 W., sixth principal meridian; to these actions, the Water Resources tural, and other uses in accordance with the (B) a 3,600 square foot metal-constructed shop Development Act, which will be consid- Sand Creek Massacre National Historic Site Es- building, built in 1975, located in the SW quarter ered by the full House later this week, tablishment Act of 2000 (16 U.S.C. 461 note; Pub- of sec. 30, T. 17 S., R. 45 W., sixth principal me- includes a key provision that was origi- lic Law 106–465). ridian; (b) ACCESS FOR ADMINISTRATION.—For pur- nally part of this legislation. Specifi- (C) a livestock corral and shelter; and poses of administration, the Secretary shall cally, it will provide the Army Corps of (D) a water system and wastewater system have access to the trust property, improvements, Engineers with the authority to re- with all associated utility connections. and facilities as necessary for management of move debris along the Delaware River, (3) SECRETARY.—The term ‘‘Secretary’’ means the Sand Creek Massacre National Historic Site the Secretary of the Interior. a vital authority as we increase efforts in accordance with the Sand Creek Massacre (4) TRIBE.—The term ‘‘Tribe’’ means the to keep our waterways clear of dan- National Historic Site Establishment Act of 2000 gerous debris. It is my hope that the Cheyenne and Arapaho Tribes of Oklahoma, a federally recognized Indian tribe. (16 U.S.C. 461 note; Public Law 106–465). Water Resources Development Act will (c) DUTY OF THE SECRETARY.—The Secretary (5) TRUST PROPERTY.—The term ‘‘trust prop- shall take such action as is necessary to ensure be received in an equally bipartisan erty’’ means the real property, including rights that the trust property is used only in accord- manner. to all minerals, and excluding the improvements, ance with this section. Mr. Speaker, the Delaware River Pro- formerly known as the ‘‘Dawson Ranch’’, con- (d) SAVINGS PROVISION.—Nothing in this Act tection Act represents a true collabo- sisting of approximately 1,465 total acres pres- supersedes the laws and policies governing units ently under the jurisdiction of the Tribe, situ- rative effort. I want to thank the gen- of the National Park System. tleman from New Jersey (Mr. ated within Kiowa County, Colorado, and more particularly described as follows: SEC. 7. ACQUISITION OF PROPERTY. LOBIONDO) for his leadership on this Section 6(a)(2) of the Sand Creek Massacre bill, as well as his office staff, Geoff (A) The portion of sec. 24, T. 17 S., R. 46 W., sixth principal meridian, that is the Eastern National Historic Site Establishment Act of 2000 Gosselin, and the Subcommittee on half of the NW quarter, the SW quarter of the (16 U.S.C. 461 note; Public Law 106–465) is Coast Guard and Maritime Transpor- NE quarter, the NW quarter of the SE quarter, amended by inserting ‘‘or exchange’’ after ‘‘only tation staff John Cullather, Eric Nagel sixth principal meridian. by donation’’. and John Rayfield for their hard work (B) All of sec. 25, T. 17 S., R. 46 W., sixth The SPEAKER pro tempore. Pursu- on this important issue and working so principal meridian. ant to the rule, the gentleman from closely with my staff. (C) All of sec. 30, T. 17 S., R. 45 W., sixth prin- Puerto Rico (Mr. FORTUN˜ O) and the Undoubtedly, implementation of this cipal meridian. gentleman from New Mexico (Mr. SEC. 3. CONVEYANCE OF LAND TO BE HELD IN legislation will help to prevent future DALL TRUST FOR THE CHEYENNE AND U ) each will control 20 minutes. oil spills along the river, while also ARAPAHO TRIBES OF OKLAHOMA. The Chair recognizes the gentleman preserving the Port of Philadelphia as (a) LAND HELD IN TRUST FOR THE CHEYENNE from Puerto Rico (Mr. FORTUN˜ O). the regional resource that it is. That is AND ARAPAHO TRIBES OF OKLAHOMA.—On con- GENERAL LEAVE why I urge my colleagues to support veyance of title to the trust property by the Mr. FORTUN˜ O. Mr. Speaker, I ask passage of this legislation. Tribe to the United States, without any further unanimous consent that all Members action by the Secretary, the trust property shall b 1530 be held in trust for the benefit of the Tribe. may have 5 legislative days within Mr. LOBIONDO. Mr. Speaker, I have (b) TRUST.—All right, title, and interest of the which to revise and extend their re- no further requests for time, and I United States in and to the trust property, ex- marks and include extraneous material yield back the balance of my time. cept any facilities constructed under section on H.R. 481, the bill under consider- The SPEAKER pro tempore (Mr. 4(b), are declared to be held by the United ation. States in trust for the Tribe. ISSA). The question is on the motion of- The SPEAKER pro tempore. Is there fered by the gentleman from New Jer- SEC. 4. IMPROVEMENTS AND FACILITIES. objection to the request of the gen- (a) IMPROVEMENTS.—The Secretary may ac- sey (Mr. LOBIONDO) that the House sus- tleman from Puerto Rico? quire by donation the improvements in fee. pend the rules and pass the bill, H.R. There was no objection. (b) FACILITIES.— ˜ 1412, as amended. Mr. FORTUNO. Mr. Speaker, I yield (1) IN GENERAL.—The Secretary may construct myself such time as I may consume. The question was taken; and (two- a facility on the trust property only after con- thirds having voted in favor thereof) sulting with, soliciting advice from, and obtain- Mr. Speaker, H.R. 481, introduced by the rules were suspended and the bill, ing the agreement of, the Tribe, the Northern the gentlewoman from Colorado (Mrs. as amended, was passed. Cheyenne Tribe, and the Northern Arapaho MUSGRAVE) would authorize the Sec- A motion to reconsider was laid on Tribe. retary of the Interior to hold 1,465 the table. (2) OWNERSHIP.—Facilities constructed with acres in trust, thereby allowing the Na- Federal funds or funds donated to the United f tional Park Service to formally estab- States shall be owned in fee by the United lish the Sand Creek Massacre National SAND CREEK MASSACRE NA- States. Historic Site. The Park Service has (c) FEDERAL FUNDS.—For the purposes of the TIONAL HISTORIC SITE TRUST worked in partnership with the State ACT OF 2005 construction, maintenance, or demolition of improvements or facilities, Federal funds shall be of Colorado, the Cheyenne tribe, and Mr. FORTUN˜ O. Mr. Speaker, I move expended only on improvements or facilities that the Arapaho tribe to establish this site to suspend the rules and pass the bill are owned in fee by the United States. which was originally authorized in 2000

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.030 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5201 and recognizes the national signifi- the National Park System. In November 2000, the Sand Creek Massacre National Historic cance of the Sand Creek Massacre in after the completion of the site location study, Site. American History. Congress passed the Sand Creek Massacre Sand Creek was the site of an attack with Mr. Speaker, I reserve the balance of National Historic Site Establishment Act. This terrible and long-lasting effects. Its history my time. Act instructs the Secretary of the Interior to speaks to what can happen when military Mr. UDALL of New Mexico. Mr. establish the Sand Creek Massacre National force is misused for political purposes. Speaker, I yield myself such time as I Historic Site as a unit of the National Park The leader of the attack was John M. may consume. System once sufficient land is acquired to in- Chivington, who earlier had been hailed as the (Mr. UDALL of New Mexico asked terpret and commemorate the massacre. hero of the battle at La Glorieta Pass—some- and was given permission to revise and Today, we consider H.R. 481, to place times called the ‘‘Gettysburg of the West— extend his remarks.) 1,465 acres of tribally owned land inside the which ended the efforts of the Confederacy to Mr. UDALL of New Mexico. Mr. Sand Creek Massacre National Historic Site seize New Mexico and other western terri- Speaker, as the majority has explained, boundary into Tribal Trust. This would allow tories. H.R. 481 will further the purposes of the the Cheyenne and Arapaho tribal property As history records, Chivington seemed des- Sand Creek Massacre National Historic within the Historic Site to be managed by the tined for even greater prominence. He was a Site by enabling a significant parcel of National Park Service in partnership with the leading advocate of quick statehood for Colo- land to be added to the site. Northern and Southern Cheyenne and Arap- rado, and spoken of as a likely candidate for The Sand Creek Massacre National aho Tribes and consistent with the purposes Congress. At the same time, tensions between Historic Site was authorized in 2000 to of the Sand Creek Massacre National Historic Colorado’s growing white population and the preserve, commemorate and interpret Site Establishment Act of 2000. Cheyenne Indians reached a feverish pitch. the location of the 1864 massacre of The passage of H.R. 481 is an important The Denver newspaper printed a frontpage Cheyenne and Arapaho people camped step in establishing this National Historic Site. editorial advocating the ‘‘extermination of the along the banks of the Big Sandy Creek With passage of this bill, the National Park red devils’’ and urging its readers to ‘‘take a in southeastern Colorado. The effort to Service would be given management respon- few months off and dedicate that time to wip- establish the historic site has been a sibility over an additional 1,465 acres and ing out the Indians.’’ Chivington took advan- cooperative one. The inclusion of the would bring the total acreage of the managed tage of this public mood, attacking the terri- land authorized by H.R. 481 will be a site to almost 2,400 acres. Many involved in torial governor and others who counseled a significant step leading to the formal this project believe the addition of 1,465 highly policy of conciliation and treaty-making with establishment of the site by the Sec- important acres to the Park Service’s previous the Cheyenne. Finally, during the early morning hours of retary of the Interior. holdings will amount to a ‘‘sufficient portion’’ to November 29, 1864, he led a regiment of Col- Mr. Speaker, H.R. 481 will help ad- complete the establishment of this National orado Volunteers to where the band led by vance the preservation and interpreta- Historic Site. When the Secretary of Interior fi- tion of the Sand Creek Massacre Na- Black Kettle, a well-known ‘‘peace’’ chief, was nally designates this site an official National encamped. Federal army officers had prom- tional Historic Site and we support Historic Site, the Northern and Southern Chey- adoption of the legislation by the ised Black Kettle safety if he would return to enne and Arapaho Tribes, the State of Colo- this location, and he was in fact flying the House today. rado, Kiowa County and other stakeholders Mr. Speaker, let me thank the staff American flag and a white flag of truce over can begin the planning necessary to open this his lodge, but Chivington ordered an attack on of the Resources Committee, both the massacre site to the public. minority and majority staff, and espe- the unsuspecting village nonetheless. I truly believe my bill will help heal the After hours of fighting, the Colorado volun- cially Rick Healy, who worked dili- wounds of the past. I ask for the support of teers had lost only 9 men in the process of gently on this bill. my colleagues on this bill. murdering between 200 and 400 Cheyenne, Mrs. MUSGRAVE. Mr. Speaker, I am Mr. UDALL of Colorado. Mr. Speaker, I rise most of them women and children. After the pleased, to offer my bill H.R. 481, the Sand in support of this bill. I congratulate my Colo- slaughter, they scalped and sexually mutilated Creek Massacre National Historic Site Act. I rado colleague, Mrs. MUSGRAVE, for intro- many of the bodies, later exhibiting their tro- want to thank Chairman POMBO of the Com- ducing it and thank the leadership of the Re- phies to cheering crowds in Denver. mittee on Resources for the expeditious way sources Committee for making it possible for Chivington was at first widely praised for the in which this bill moved through committee the House to consider it today. ‘‘battle’’ at Sand Creek, and honored with a and onto the floor. Enactment of the bill is a vital step toward widely-attended parade through the streets of This bill is not only important to the Chey- formal establishment of the Sand Creek Na- Denver. enne and Arapaho Indian tribes, the citizens of tional Historic Site, as authorized in 2000 by Attitudes began to change as tales cir- the 4th district of Colorado and the entire Public Law 106–465. culated of drunken soldiers butchering un- state, but it is also important to help secure a The purpose of the Historic Site will be to armed women and children. At first, these ru- permanent reminder in America of the tragic recognize the national significance of what we mors seemed confirmed when Chivington ar- event that forever altered the course of West- now recognize as a permanent stain on the rested six of his men and charged them with ern frontier history. history of our State of Colorado—the San cowardice in battle. On November 29, 1864,700 Colorado Vol- Creek massacre—and its ongoing significance But the six, who included Captain Silas unteers commanded by Colonel John to the Cheyenne and Arapaho people and de- Soule, were in fact militia members who had Chivington attacked a village of Cheyenne and scendants of the massacre victims. refused to participate in the massacre and Arapaho Indians who were camped along Big The Act authorizes establishment of the na- now spoke openly of the carnage they had Sandy Creek in what is now Kiowa County, tional historic site once the National Park witnessed. Shortly after their arrest, the U.S. Colorado—part of the district that I represent Service has acquired sufficient land to pre- Secretary of War ordered the six men re- today. More than 150 Indian people were serve, commemorate, and interpret the mas- leased and Congress began preparing for a killed in the attack, the majority of whom were sacre site. formal investigation. woman and children. This event is now known The National Park Service has acquired ap- Soule himself could not be a witness at any as the Sand Creek Massacre. proximately 920 acres, but the majority of land of the investigations, because less than a On March 13, 1865, this event was ad- within the authorized boundary is privately week after his release he was shot from be- dressed in Congress by the Joint Committee owned and is not open to the public. The Na- hind and killed on the streets of Denver. on the Conduct of the War. Today, 141 years tional Park Service has been working in part- Although Chivington was eventually brought after the Massacre and 140 years after the nership with the Cheyenne and Arapaho up on court-martial charges for his involve- first congressional hearings, Congress is again Tribes and the State of Colorado towards es- ment in the massacre, he was no longer in the discussing this tragedy. This time we are here tablishment of the Sand Creek Massacre Na- U.S. Army and could therefore not be pun- to honor the victims and preserve a historic tional Historic Site. ished. No criminal charges were ever filed parcel of land in Southeastern Colorado where This bill will authorize the Cheyenne and against him. An Army judge, however, publicly this event took place. Arapaho Tribes of Oklahoma to convey ap- stated that Sand Creek was ‘‘a cowardly and In 1998, Congress authorized a study to in- proximately 1,465 acres to the Secretary of cold-blooded slaughter, sufficient to cover its vestigate the suitability and feasibility of desig- the Interior to be held in trust for the tribes. perpetrators with indelible infamy, and the face nating the Sand Creek Massacre National His- Once these lands are conveyed, the National of every American with shame and indigna- toric Site in the State of Colorado as a unit of Park Service will be able to formally establish tion.’’

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K27JN7.032 H27PT1 H5202 CONGRESSIONAL RECORD — HOUSE June 27, 2005 The massacre remains a matter of great ment, at a suitable location approved by the morial and prohibits the use of Federal historical, cultural and spiritual importance to Secretary within the boundaries of Antietam funds in the design, acquisition, prepa- the Cheyenne and Arapaho Tribes, and is a National Battlefield, of a memorial to the of- ration, and installation of the memo- ficers and enlisted men of the Fifth, Sixth, rial. Additionally, the Secretary must pivotal event in the history of relations be- and Ninth New Hampshire Volunteer Infan- tween the Plains Indians and Euro-American try Regiments and the First New Hampshire approve the size, design, and inscrip- settlers. Light Artillery Battery who fought in the tions placed on the monument. Once The effort to establish the Sand Creek Na- Battle of Antietam on September 17, 1862. the memorial is in place, the Secretary tional Historic Site was led by former Senator (b) AUTHORIZED ENTITY.—The Secretary will accept responsibility for mainte- Ben Campbell of Colorado. It has gone shall select the persons who will be per- nance, but will be permitted to accept through several stages: mitted to establish the memorial authorized donations into a specific account for The Sand Creek Massacre National Historic by subsection (a). the New Hampshire memorial. Site Study Act (Public Law 105–243) directed (c) DESIGN APPROVALS.—The size, design, I urge passage of the bill. and inscriptions of the memorial authorized the National Park Service, in consultation with by subsection (a) shall be subject to the ap- Mr. Speaker, I reserve the balance of the State of Colorado, the Cheyenne and proval of the Secretary. my time. Arapaho Tribes of Oklahoma, the Northern (d) PROHIBITION ON USE OF FEDERAL FUNDS Mr. UDALL of New Mexico. Mr. Cheyenne Tribe, and the Northern Arapaho FOR ESTABLISHMENT.—No Federal funds may Speaker, I yield myself such time as I Tribe, to complete two tasks. First, the Act di- be expended to design the memorial author- may consume. rected the Park Service to ‘‘identify the loca- ized by subsection (a), to acquire the memo- (Mr. UDALL of New Mexico asked tion and extent of the massacre area.’’ Sec- rial, to prepare the site selected for the me- and was given permission to revise and ond, the Act directed the Park Service to pre- morial, or to install the memorial. extend his remarks.) (e) SUSPENSION FOR MISREPRESENTATION IN pare a report that assessed the national sig- Mr. UDALL of New Mexico. Mr. FUNDRAISING.—The Secretary may suspend nificance of the Sand Creek Massacre site, the authority of the persons selected under Speaker, as the majority has explained, the suitability and feasibility of designating it subsection (b) to establish the memorial au- H.R. 1084 authorizes the establishment as a unit of the National Park System, and a thorized by subsection (a) if the Secretary of a Civil War Memorial to New Hamp- range of alternatives for the management, ad- determines that fundraising efforts relating shire soldiers who fought at the Battle ministration, and protection of the area. to the memorial have misrepresented an af- of Antietam in 1862. Following completion of these studies, Sen- filiation with the memorial or the Federal Evidently, New Hampshire is the ator Campbell introduced legislation to author- Government. only State that participated in the (f) ANNUAL REPORT.—Until the memorial Battle of Antietam that does not have ize the establishment of the Sand Creek Mas- authorized by subsection (a) is installed, the sacre National Historic Site as a unit of the persons selected under subsection (b) to es- a memorial to its soldiers at the site. National Park System. Enactment of this bill is tablish the memorial shall submit to the The citizens of New Hampshire are an important step toward completing that ef- Secretary an annual report of operations re- proud of their ancestors’ participation fort. I urge its approval by the House. lated to fundraising efforts for the memorial in the battle and would like to com- Mr. UDALL of New Mexico. Mr. and progress on the establishment of the me- memorate their participation. Speaker, I yield back the balance of morial. Mr. Speaker, we have no objection to my time. (g) MAINTENANCE.—Upon installation of the the adoption of H.R. 1084, as amended, Mr. FORTUN˜ O. Mr. Speaker, I have memorial authorized by subsection (a), the by the House today. no further requests for time, and I Secretary shall assume responsibility for the maintenance of the memorial. The Secretary Mr. Speaker, I would like to thank yield back the balance of my time. may accept contributions for the mainte- the majority and minority staff of the The SPEAKER pro tempore. The nance of the memorial from the persons se- House Resources Committee, and espe- question is on the motion offered by lected under subsection (b) to establish the cially Rick Healy of the Resources the gentleman from Puerto Rico (Mr. memorial and from other persons. Amounts Committee, for their diligent work on FORTUN˜ O) that the House suspend the accepted under this subsection shall be this bill. rules and pass the bill, H.R. 481, as merged with other funds available to the Mr. Speaker, I yield back the balance amended. Secretary for the maintenance of the memo- of my time. The question was taken; and (two- rial and credited to a separate account with the National Park Service. Mr. PEARCE. Mr. Speaker, I also thirds having voted in favor thereof) thank the staffs from both majority the rules were suspended and the bill, The SPEAKER pro tempore. Pursu- and minority to get this bill through. as amended, was passed. ant to the rule, the gentleman from Mr. Speaker, I yield back the balance A motion to reconsider was laid on New Mexico (Mr. PEARCE) and the gen- of my time. the table. tleman from New Mexico (Mr. UDALL) The SPEAKER pro tempore. The f each will control 20 minutes. question is on the motion offered by The Chair recognizes the gentleman the gentleman from New Mexico (Mr. AUTHORIZING ESTABLISHMENT AT from New Mexico (Mr. PEARCE). ANTIETAM NATIONAL BATTLE- PEARCE) that the House suspend the GENERAL LEAVE FIELD OF NEW HAMPSHIRE ME- rules and pass the bill, H.R. 1084, as Mr. PEARCE. Mr. Speaker, I ask MORIAL amended. unanimous consent that all Members The question was taken; and (two- Mr. PEARCE. Mr. Speaker, I move to may have 5 legislative days within thirds having voted in favor thereof) suspend the rules and pass the bill which to revise and extend their re- the rules were suspended and the bill, (H.R. 1084) to authorize the establish- marks and include extraneous material as amended, was passed. ment at Antietam National Battlefield on H.R. 1084, the bill under consider- A motion to reconsider was laid on of a memorial to the officers and en- ation. the table. listed men of the Fifth, Sixth, and The SPEAKER pro tempore. Is there f Ninth New Hampshire Volunteer Infan- objection to the request of the gen- try Regiments and the First New tleman from New Mexico? NATIONAL FISH AND WILDLIFE Hampshire Light Artillery Battery who There was no objection. FOUNDATION REAUTHORIZATION fought in the Battle of Antietam on Mr. PEARCE. Mr. Speaker, I yield ACT OF 2005 September 17, 1862, and for other pur- myself such time as I may consume. Mr. PEARCE. Mr. Speaker, I move to poses, as amended. Mr. Speaker, House Resolution 1084 suspend the rules and pass the bill The Clerk read as follows: introduced by the gentleman from New (H.R. 1428) to authorize appropriations H.R. 1084 Hampshire (Mr. BRADLEY) would au- for the National Fish and Wildlife Be it enacted by the Senate and House of Rep- thorize the construction of a memorial Foundation, and for other purposes, as resentatives of the United States of America in at the Antietam National Battlefield amended. Congress assembled, to members of the New Hampshire In- The Clerk read as follows: SECTION 1. ESTABLISHMENT OF NEW HAMP- fantry that fought in the Battle of An- SHIRE MEMORIAL, ANTIETAM NA- H.R. 1428 TIONAL BATTLEFIELD, MARYLAND. tietam. The bill directs the Secretary Be it enacted by the Senate and House of Rep- (a) MEMORIAL AUTHORIZED.—The Secretary of the Interior to select persons respon- resentatives of the United States of America in of the Interior shall authorize the establish- sible for the establishment of the me- Congress assembled,

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.037 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5203 SECTION 1. SHORT TITLE. plished that effort by taking their lim- tained at the Antietam National Battlefield Park This Act may be cited as the ‘‘National ited Federal dollars, and, through its would be entirely paid for by private sources. Fish and Wildlife Foundation Reauthoriza- challenge grant approach, generating Additionally, the design, size, and location of tion Act of 2005’’. over $900 million in private matching any monument authorized under this bill would SEC. 2. AUTHORIZATION OF APPROPRIATIONS. funds. This is a remarkable achieve- be at the total discretion of the Secretary of Section 10(a)(1) of the National Fish and Wildlife Foundation Establishment Act (16 ment. the Interior and any proposals that do not U.S.C. 3709(a)(1)) is amended by striking ‘‘fis- H.R. 1428 is a simple, noncontrover- meet their desires may be rejected. Citizens of cal years 2001 through 2005’’ and inserting sial and bipartisan bill. I urge an aye New Hampshire have passionately expressed ‘‘fiscal years 2006 through 2010’’. vote. to me, through both direct conversations as SEC. 3. APPLICATION OF NOTICE REQUIREMENT Mr. Speaker, I reserve the balance of well as State passed legislation, that they LIMITED TO GRANTS MADE WITH my time. would relish the opportunity to at last place a FEDERAL FUNDS. Mr. UDALL of New Mexico. Mr. deserving monument on the battleground at Section 4(i) of the National Fish and Wild- Speaker, I yield myself such time as I life Foundation Establishment Act (16 U.S.C. Antietam. may consume. In closing, I would like to call to mind an ex- 3703(i)) is amended by striking ‘‘grant of (Mr. UDALL of New Mexico asked funds’’ and inserting ‘‘grant of Federal funds cerpt from a report issued by a correspondent in an amount greater than $10,000’’. and was given permission to revise and of the Manchester Daily Mirror on September SEC. 4. CLARIFICATION OF AUTHORITY TO USE extend his remarks.) 20, 1862, three days after the horrific battle: FEDERAL FUNDS TO MATCH CON- Mr. UDALL of New Mexico. As stated For two hours there was never sharper TRIBUTIONS MADE TO RECIPIENTS by my friend and colleague the gen- musketry heard or seen, and New Hampshire OF NATIONAL FISH AND WILDLIFE tleman from New Mexico (Mr. PEARCE), blood flowed freely in the contest. The Ninth FOUNDATION GRANTS. the overall purpose of this legislation suffered terribly but never flinched, and Section 10(a)(3) of the National Fish and is to reauthorize the appropriations every man stood before the awful carnage Wildlife Foundation Establishment Act (16 without one thought of yielding. U.S.C. 3709(a)(3)) is amended by inserting ‘‘, and to make minor technical and clari- or to a recipient of a grant provided by the fying changes to the National Fish and Mr. Speaker, these men exemplified the Foundation,’’ after ‘‘made to the Founda- Wildlife Foundation Establishment steadfast bravery that is a hallmark of Amer- tion’’. Act. ican soldiers across generations. On behalf of SEC. 5. REPEAL. H.R. 1428 will help ensure that this the citizens of New Hampshire, I ask for the Effective September 30, 2015, section important congressionally chartered assistance of the House in helping to furnish 10(a)(1) of the National Fish and Wildlife foundation continues its successful a proper monument to these commendable Foundation Establishment Act (16 U.S.C. work in supporting effective on-ground Americans. 3709(a)(1)) is hereby repealed. conservation partnerships, not only in Mr. UDALL of New Mexico. Mr. The SPEAKER pro tempore. Pursu- my State of New Mexico, but also Speaker, I yield back the balance of ant to the rule, the gentleman from across the country. my time. New Mexico (Mr. PEARCE) and the gen- I urge Members to support this non- Mr. PEARCE. Mr. Speaker, I have no tleman from New Mexico (Mr. UDALL) controversial bill, and I thank the ma- further requests for time, and I yield each will control 20 minutes. jority and minority staff of the Re- back the balance of my time. The Chair recognizes the gentleman sources Committee, and especially The SPEAKER pro tempore. The from New Mexico (Mr. PEARCE). Dave Jansen. question is on the motion offered by the gentleman from New Mexico (Mr. GENERAL LEAVE Mr. BRADLEY of New Hampshire. Mr. Mr. PEARCE. Mr. Speaker, I ask Speaker, I rise today in support of H.R. 1084, PEARCE) that the House suspend the unanimous consent that all Members a bill I introduced regarding a defining histor- rules and pass the bill, H.R. 1428, as may have 5 legislative days within ical event for my State of New Hampshire, amended. The question was taken; and (two- which to revise and extend their re- and indeed, all of the United States. The thirds having voted in favor thereof) marks and include extraneous material American Civil War was the deadliest war in the rules were suspended and the bill, on H.R. 1428, the bill under consider- all of American history with casualties totaling as amended, was passed. ation. more than all other American Wars combined. A motion to reconsider was laid on The SPEAKER pro tempore. Is there The bloodiest day of the bloodiest war came the table. objection to the request of the gen- on September 17, 1862 just outside the small tleman from New Mexico? town of Sharpsburg, Maryland. This battle in- f There was no objection. volved 93,000 men and resulted in 23,000 NATIONAL GEOLOGIC MAPPING Mr. PEARCE. Mr. Speaker, I yield American casualties on the fields surrounding REAUTHORIZATION ACT OF 2005 myself such time as I may consume. Antietam Creek. The battle of Antietam, even Mr. PEARCE. Mr. Speaker, I move to Mr. Speaker, I am pleased to support today, is the single most deadly day in all of suspend the rules and pass the bill H.R. 1428 introduced by the gentleman American history. Among the soldiers fighting (H.R. 2362) to reauthorize and amend from California (Mr. POMBO), the dis- that day were men of the Fifth, Sixth, and the National Geologic Mapping Act of tinguished chairman of the House Re- Ninth New Hampshire Volunteer Infantry Regi- 1992, as amended. sources Committee, which extends the ments and the First New Hampshire Light Ar- The Clerk read as follows: existing authorization levels for the tillery Battery. Unfortunately, these brave men Be it enacted by the Senate and House of Rep- National Fish and Wildlife Foundation. who fought and died in the Battle of Antietam resentatives of the United States of America in Since its creation in 1984, the Na- do not have a marker on the field to signify Congress assembled, tional Fish and Wildlife Foundation their sacrifice. Although there are over 400 SECTION 1. SHORT TITLE. has funded more than 6,420 conserva- monuments, tablets and markers on the field This Act may be cited as the ‘‘National tion projects. These efforts have been of battle, none are dedicated to the brave men Geologic Mapping Reauthorization Act of coordinated with more than 1,800 dif- who fought and died that early fall day. As the 2005’’. ferent conservation organizations. The SEC. 2. AMENDMENT REFERENCES. 150th anniversary of the Civil War is ap- Except as otherwise expressly provided, fundamental goal of these projects has proaching, I ask that the House help correct whenever in this Act an amendment or re- been to increase resources for fish and an unfortunate oversight and bring deserving peal is expressed in terms of an amendment wildlife conservation, develop innova- recognition to these soldiers. to, or repeal of, a section or other provision, tive conservation solutions, respect In this effort, Congressman BASS and I have the reference shall be considered to be made private property rights, and sustain introduced H.R. 1084, which would authorize to such section or other provision of the Na- healthy ecosystems. the establishment of a Memorial at Antietam tional Geologic Mapping Act of 1992 (43 Unlike most conservation groups, National Battlefield for the New Hampshire U.S.C. 31a et seq.). this organization requires its grantees soldiers who fought in the historic battle. Im- SEC. 3. FINDINGS. to sign an agreement stipulating that Section 2(a) (43 U.S.C. 31a(a)) is amended as portantly, this bill does not authorize any Fed- follows: no Federal funds will be used for lob- eral appropriations, nor require any local mu- (1) By striking paragraph (1) and inserting bying or litigation purposes. Instead of nicipality in Maryland to help finance the costs the following: simply talking about conserving crit- of the construction or maintenance of the ‘‘(1) although significant progress has been ical habitat, the foundation has accom- monument. Any monument built and main- made in the production of geologic maps

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.015 H27PT1 H5204 CONGRESSIONAL RECORD — HOUSE June 27, 2005 since the establishment of the National Co- (1) in paragraph (1) by striking ‘‘geologic Mr. UDALL of New Mexico. Mr. operative Geologic Mapping Program in 1992, map’’ and inserting ‘‘geologic-map’’; and Speaker, as my friend and colleague no modern, digital, geologic map exists for (2) in paragraph (2)— the gentleman from New Mexico (Mr. approximately 75 percent of the Nation;’’. (A) in the matter preceding subparagraph PEARCE) has stated, H.R. 2362 would re- (2) Paragraph (2) is amended— (A) by inserting ‘‘information on how to ob- (A) in subparagraph (C) by inserting tain’’ after ‘‘that includes’’; and authorize the Geologic Mapping Act of ‘‘homeland and’’ after ‘‘planning for’’; (B) in subparagraph (A) by striking ‘‘under 1992. (B) in subparagraph (E) by striking ‘‘pre- the Federal component and the education The U.S. Geological Survey and the dicting’’ and inserting ‘‘identifying’’; component’’ and inserting ‘‘with funding State geological authorities carry out (C) by striking ‘‘and’’ after the semicolon provided under the national cooperative geo- the geologic mapping program jointly. at the end of subparagraph (I); logic mapping program authorized by section Under this program, Federal and State (D) by redesignating subparagraph (J) as 4(a)’’. geologists develop comprehensive geo- subparagraph (K); and SEC. 10. BIENNIAL REPORT. logical maps of the United States and a (E) by inserting after subparagraph (I) the Section 8 (43 U.S.C. 31g) is amended by following: related database of environmental and striking ‘‘Not later’’ and all that follows scientific information. ‘‘(J) recreation and public awareness; and’’. through ‘‘biennially’’ and inserting ‘‘Not (3) Paragraph (9) is amended by striking later than 3 years after the date of the enact- The mapping program contributes ‘‘important’’ and inserting ‘‘available’’. ment of the National Geologic Mapping Re- significantly to our understanding of SEC. 4. PURPOSE. authorization Act of 2005 and biennially’’. geologic information such as the dis- Section 2(b) (43 U.S.C. 31a(b)) is amended SEC. 11. AUTHORIZATION OF APPROPRIATIONS; tribution of mineral energy and by striking ‘‘protection’’ and inserting ALLOCATION. groundwater resources. ‘‘management’’. Section 9 (43 U.S.C. 31h) is amended— Mr. Speaker, we should support H.R. SEC. 5. DEADLINES FOR ACTIONS BY THE UNITED (1) by striking subsection (a) and inserting 2362 and I urge its passage. STATES GEOLOGICAL SURVEY. the following: I would also at this time like to Section 4(b)(1) (43 U.S.C. 31c(b)(1)) is ‘‘(a) IN GENERAL.—There is authorized to thank the entire Resources staff, in- amended— be appropriated to carry out this Act (1) in subparagraph (A) by striking ‘‘not $64,000,000 for each of fiscal years 2006 cluding especially Debra Lanzone. later than’’ and all that follows through the through 2010.’’; and Mr. Speaker, I yield back the balance semicolon and inserting ‘‘not later than one (2) in subsection (b)— of my time. year after the date of the enactment of the (A) by striking ‘‘2000’’ and inserting ‘‘2005’’; Mr. PEARCE. Mr. Speaker, I yield National Geologic Mapping Reauthorization (B) by striking ‘‘48’’ and inserting ‘‘50’’; such time as he may consume to the Act of 2005;’’; and gentleman from Nevada (Mr. GIBBONS). (2) in subparagraph (B) by striking ‘‘not (C) by striking ‘‘2’’ and inserting ‘‘4’’. (Mr. GIBBONS asked and was given later than’’ and all that follows through ‘‘in The SPEAKER pro tempore. Pursu- permission to revise and extend his re- accordance’’ and inserting ‘‘not later than ant to the rule, the gentleman from marks.) one year after the date of the enactment of New Mexico (Mr. PEARCE) and the gen- Mr. GIBBONS. Mr. Speaker, I would the National Geologic Mapping Reauthoriza- like to thank the gentleman from New tion Act of 2005 in accordance’’; and tleman from New Mexico (Mr. UDALL) (3) in subparagraph (C) in the matter pre- each will control 20 minutes. Mexico (Mr. PEARCE) and also the gen- ceding clause (i) by striking ‘‘not later than’’ The Chair recognizes the gentleman tleman from New Mexico (Mr. UDALL), and all that follows through ‘‘submit’’ and from New Mexico (Mr. PEARCE). for allowing me time to speak on this inserting ‘‘submit biennially’’. GENERAL LEAVE very important bill which I introduced SEC. 6. GEOLOGIC MAPPING PROGRAM OBJEC- Mr. PEARCE. Mr. Speaker, I ask along with my very good friend and TIVES. unanimous consent that all Members colleague the gentlewoman from Wyo- Section 4(c)(2) (43 U.S.C. 31c(c)(2)) is may have 5 legislative days within ming (Mrs. CUBIN). amended— H.R. 2362 demonstrates a commit- (1) by striking ‘‘geophysical-map data base, which to revise and extend their re- geochemical-map data base, and a’’; and marks and include extraneous material ment, a commitment by not only this (2) by striking ‘‘provide’’ and inserting on H.R. 2362, the bill under consider- body, but by our country, to provide ‘‘provides’’. ation. timely geologic information in a dig- SEC. 7. GEOLOGIC MAPPING PROGRAM COMPO- The SPEAKER pro tempore. Is there ital format to a variety of users, in- NENTS. objection to the request of the gen- cluding our county health depart- Section 4(d)(1)(B)(ii) (43 U.S.C. tleman from New Mexico? ments, State environmental agencies, 31c(d)(1)(B)(ii)) is amended— There was no objection. Federal agencies, and even the private (1) by striking ‘‘and’’ after the semicolon Mr. PEARCE. Mr. Speaker, I yield sector, Mr. Speaker. To date, no mod- at the end of subclause (I); myself such time as I may consume. (2) by striking the period at the end of sub- ern digital geologic map exists for ap- Mr. Speaker, I am pleased to rise in proximately 75 percent of this country. clause (II) and inserting ‘‘; and’’; and support of H.R. 2362, a bill to reauthor- (3) by adding at the end the following: Geologic mapping has a variety of ‘‘(III) the needs of Department of the Inte- ize and amend the National Geologic important uses as we have already rior land management agencies.’’. Mapping Act of 1992, introduced by the heard. And understanding the sub- gentleman from Nevada (Mr. GIBBONS) SEC. 8. GEOLOGIC MAPPING ADVISORY COM- surface soil, geology soil profiles and the gentlewoman from Wyoming MITTEE. through the use of geologic mapping Section 5(a) (43 U.S.C. 31d(a)) is amended— (Mrs. CUBIN). (1) in paragraph (2)— Geologic maps are important in iden- can facilitate better planning, better (A) by striking ‘‘Administrator of the En- tifying the Nation’s water, energy, and planning for a variety of community vironmental Protection Agency or a des- mineral resources. Knowing where our projects including housing develop- ignee’’ and inserting ‘‘Secretary of the Inte- resources are located is important in ments, schools and hospitals, septic rior or a designee from a land management developing a sound national energy and systems for rural and urban commu- agency of the Department of the Interior’’; minerals program that will allow us to nities and water treatment facilities (B) by inserting ‘‘and’’ after ‘‘Energy or a and the construction of even highways designee,’’; and become more energy independent, providing for a stronger, more secure and roadways as well. (C) by striking ‘‘, and the Assistant to the Now, siting these types of facilities President for Science and Technology or a economy and homeland. designee’’; and I urge my colleagues to join me in in appropriate geologic settings is im- (2) in paragraph (3)— supporting this important legislation portant to avoid or mitigate for geo- (A) by striking ‘‘Not later than’’ and all that gets real results by producing new logic hazards such as landslides, earth- that follows through ‘‘consultation’’ and in- geologic maps on an annual basis. quakes, subsiding soils or swelling serting ‘‘In consultation’’; I urge adoption of the bill. soils, sinkholes, volcanic eruptions and (B) by striking ‘‘Chief Geologist, as Chair- Mr. Speaker, I reserve the balance of even floodplains. man’’ and inserting ‘‘Associate Director for my time. H.R. 2362 authorizes the cooperative Geology, as Chair’’; and Mr. UDALL of New Mexico. Mr. matching grant program between the (C) by striking ‘‘one representative from State geologic surveys and the United the private sector’’ and inserting ‘‘two rep- Speaker, I yield myself such time as I resentatives from the private sector’’. may consume. States Geologic Survey through the SEC. 9. FUNCTIONS OF NATIONAL GEOLOGIC MAP (Mr. UDALL of New Mexico asked fiscal year 2010. DATABASE. and was given permission to revise and With that, Mr. Speaker, I would urge Section 7(a) (43 U.S.C. 31f(a)) is amended— extend his remarks.) all of my colleagues, understanding the

VerDate Aug 04 2004 03:58 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.016 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5205 value of this important piece of legisla- GENERAL LEAVE DEN); and the gentleman from New tion, to vote in the affirmative for its Mr. PEARCE. Mr. Speaker, I ask Mexico (Mr. UDALL), the ranking mem- passage. unanimous consent that all Members ber of the Subcommittee on Forests b 1545 may have 5 legislative days within and Forest Health, for their guidance. which to revise and extend their re- And I certainly appreciate the help of Mr. PEARCE. Mr. Speaker, I have no marks and include extraneous material their staff throughout this process. additional requests for time, and I on H.R. 38. I also want to acknowledge the work yield back the balance of my time. The SPEAKER pro tempore. Is there of my good friend and colleague, Sen- The SPEAKER pro tempore (Mr. objection to the request of the gen- ator CANTWELL, who has introduced the ISSA). The question is on the motion of- tleman from New Mexico? companion legislation in that Cham- fered by the gentleman from New Mex- There was no objection. ber. ico (Mr. PEARCE) that the House sus- Mr. PEARCE. Mr. Speaker, I yield A number of people locally in our re- pend the rules and pass the bill, H.R. myself such time as I may consume. gion deserve credit, including among 2362, as amended. Mr. Speaker, H.R. 38, as introduced them Phyllis Clausen of the Friends of The question was taken; and (two- by the gentleman from Washington the White Salmon River, Connie thirds having voted in favor thereof) (Mr. BAIRD), would designate 20 miles Kelleher from American Rivers, the the rules were suspended and the bill, of the Upper White Salmon River as a SDS Lumber Company, the U.S. Forest as amended, was passed. component of the Wild and Scenic Riv- Service, and local county commis- A motion to reconsider was laid on ers system. sioners from the region as well. This the table. This legislation would designate four process has taken several years and f different segments of the Upper White represents a true collaborative local ef- Salmon River and Cascade Creek, to- fort. UPPER WHITE SALMON WILD AND The Upper White Salmon River is lit- SCENIC RIVERS ACT taling 20 miles, as ‘‘wild and scenic.’’ The segments are limited to Federal erally a world-famous river. Located in Mr. PEARCE. Mr. Speaker, I move to land, located in the Gifford Pinchot south central Washington, it is known suspend the rules and pass the bill National Forest, and include 6.7 miles for its great white water, stunning sce- (H.R. 38) to designate a portion of the in the Mt. Adams Wilderness. nery, and fish and wildlife resources. White Salmon River as a component of This designation is supported by the The designation before us today will the National Wild and Scenic Rivers local community as well as the Forest preserve the river’s free-flowing status System, as amended. Service. I urge support for this impor- as well as the natural values and rural The Clerk read as follows: tant measure. lifestyle in the surrounding area. H.R. 38 Mr. Speaker, I reserve the balance of In 1986, the river’s outstanding qual- Be it enacted by the Senate and House of Rep- my time. ity received national recognition when resentatives of the United States of America in Mr. UDALL of New Mexico. Mr. Congress designated the lower 8 miles Congress assembled, Speaker, I yield myself such time as I of the White Salmon as a National Wild SECTION 1. SHORT TITLE. may consume. and Scenic River. Congress directed the This Act may be cited as the ‘‘Upper White (Mr. UDALL of New Mexico asked Forest Service to study the Upper Salmon Wild and Scenic Rivers Act’’. and was given permission to revise and White Salmon for possible designation SEC. 2. UPPER WHITE SALMON WILD AND SCENIC into the Wild and Scenic Rivers Sys- RIVER. extend his remarks.) Mr. UDALL of New Mexico. Mr. tem. Section 3(a) of the Wild and Scenic Rivers H.R. 38 seeks to protect 20 miles of Speaker, H.R. 38 designates the main Act (16 U.S.C. 1274(a)) is amended by adding Upper White Salmon River segments stem of the Upper White Salmon River at the end the following: within the Gifford Pinchot Forest as ‘‘( ) WHITE SALMON RIVER, WASHINGTON.— and Cascade Creek, totaling 20 miles, part of the National Wild and Scenic The 20 miles of river segments of the main as a component of the National Wild stem of the White Salmon River and Cascade Rivers System by designating them and Scenic Rivers System. Congress wild and scenic. This designation has Creek, Washington, to be administered by added the lower White Salmon River to the Secretary of Agriculture in the following broad public support within the local the National Wild and Scenic Rivers classifications: community and throughout the region. ‘‘(A) The approximately 1.6-mile segment System in 1986. It has been endorsed by a wide variety of the main stem of the White Salmon River The White Salmon River originates of environmental and recreational or- from the headwaters on Mount Adams in sec- in the glaciers of Mt. Adams and flows ganizations, local community and busi- tion 17, township 8 north, range 10 east, through south central Washington to ness leaders. downstream to the Mount Adams Wilderness the Columbia River. The river is known The land to be designated as wild and boundary as a wild river. for its remarkable scenery and abun- ‘‘(B) The approximately 5.1-mile segment scenic consists entirely of public land, dant wildlife and is popular with white no private land is included; the area is of Cascade Creek from its headwaters on water enthusiasts. Mount Adams in section 10, township 8 currently being managed as if it is al- north, range 10 east, downstream to the The gentleman from Washington (Mr. ready part of the Wild and Scenic Riv- Mount Adams Wilderness boundary as a wild BAIRD) should be recognized for his ers System. river. leadership on H.R. 38. My good friend, I want to reiterate my gratitude to ‘‘(C) The approximately 1.5-mile segment the gentleman from Washington (Mr. the gentleman from New Mexico (Mr. of Cascade Creek from the Mount Adams BAIRD), is one of our strong conserva- UDALL) and the chairman of the overall Wilderness boundary downstream to its con- tion leaders in the Northwest and has committee. I thank Members for their fluence with the White Salmon River as a worked very hard in showing strong support and urge passage of this valu- scenic river. leadership in getting this bill to the ‘‘(D) The approximately 11.8-mile segment able piece of legislation. of the main stem of the White Salmon River point that it is today. Mr. UDALL of New Mexico. Mr. from the Mount Adams Wilderness boundary Mr. Speaker, I yield 5 minutes to the Speaker, I would like to thank the en- downstream to the Gifford Pinchot National gentleman from Washington (Mr. tire Committee on Resources staff and Forest boundary as a scenic river.’’. BAIRD), the sponsor of the bill. especially Meghan Conklin for her SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Mr. BAIRD. Mr. Speaker, I thank the work on this bill. There are authorized to be appropriated gentleman from New Mexico (Mr. Mr. Speaker, I yield back the balance such sums as are necessary to carry out this PEARCE) and my other colleague, the of my time. Act. gentleman from New Mexico (Mr. Mr. PEARCE. Mr. Speaker, I would The SPEAKER pro tempore. Pursu- UDALL). recognize the staff of both the majority ant to the rule, the gentleman from I want to begin by thanking the gen- and minority and also congratulate the New Mexico (Mr. PEARCE) and the gentleman from California (Chairman gentleman from Washington (Mr. tleman from New Mexico (Mr. UDALL) POMBO); the ranking member, the gen- BAIRD) on not only his performance in each will control 20 minutes. tleman from West Virginia (Mr. RA- submitting this bill but his stellar per- The Chair recognizes the gentleman HALL) of the Committee on Resources; formance in the congressional baseball from New Mexico (Mr. PEARCE). the gentleman from Oregon (Mr. WAL- game last Thursday night.

VerDate Aug 04 2004 03:58 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.038 H27PT1 H5206 CONGRESSIONAL RECORD — HOUSE June 27, 2005 Mr. Speaker, I yield back the balance (9) Taunton was and continues to be an im- (Mr. FRANK), would direct the Sec- of my time. portant destination for immigrants from Eu- retary of the Interior to conduct a spe- The SPEAKER pro tempore. The rope and other parts of the world who have cial resources study regarding the suit- question is on the motion offered by helped to give Southeastern Massachusetts ability and feasibility of designating its unique ethnic character. the gentleman from New Mexico (Mr. certain historic buildings and areas of SEC. 3. STUDY. PEARCE) that the House suspend the The Secretary, in consultation with the the City of Taunton, Massachusetts, as rules and pass the bill, H.R. 38, as appropriate State historic preservation offi- a unit of the National Park System. It amended. cers, State historical societies, the city of was in the City of Taunton where the The question was taken; and (two- Taunton, and other appropriate organiza- Sons of Liberty first raised the Liberty thirds having voted in favor thereof) tions, shall conduct a special resources study and Union Flag in 1774, an event that the rules were suspended and the bill, regarding the suitability and feasibility of helped to spark the American Revolu- as amended, was passed. designating certain historic buildings and tion. A motion to reconsider was laid on areas in Taunton, Massachusetts, as a unit of I urge the adoption of the bill. the National Park System. The study shall Mr. Speaker, I reserve the balance of the table. be conducted and completed in accordance f with section 8(c) of Public Law 91–383 (16 my time. U.S.C. 1a–5(c)) and shall include analysis, Mr. UDALL of New Mexico. Mr. TAUNTON, MASSACHUSETTS Speaker, I yield myself such time as I SPECIAL RESOURCES STUDY ACT documentation, and determinations regarding whether the historic areas in Taunton— may consume. Mr. PEARCE. Mr. Speaker, I move to (1) can be managed, curated, interpreted, (Mr. UDALL of New Mexico asked suspend the rules and pass the bill restored, preserved, and presented as an or- and was given permission to revise and (H.R. 1512) to direct the Secretary of ganic whole under management by the Na- extend his remarks.) the Interior to conduct a special re- tional Park Service or under an alternative Mr. UDALL of New Mexico. Mr. sources study regarding the suitability management structure; Speaker, the Taunton area to be in- (2) have an assemblage of natural, historic, and feasibility of designating certain and cultural resources that together rep- cluded in the study authorized by H.R. historic buildings and areas in Taun- resent distinctive aspects of American herit- 1512 is rich in cultural and historic re- ton, Massachusetts, as a unit of the Na- age worthy of recognition, conservation, in- sources. A comprehensive study of tional Park System, and for other pur- terpretation, and continuing use; these resources will help determine if poses, as amended. (3) reflect traditions, customs, beliefs, and inclusion within the National Park The Clerk read as follows: historical events that are valuable parts of System is appropriate. the national story; H.R. 1512 The sponsor of this legislation, the (4) provide outstanding opportunities to gentleman from Massachusetts (Mr. Be it enacted by the Senate and House of Rep- conserve natural, historic, cultural, archi- resentatives of the United States of America in tectural, or scenic features; FRANK), is to be commended for his te- Congress assembled, (5) provide outstanding recreational and nacity and resolve in pursuing this im- SECTION 1. SHORT TITLE. educational opportunities; and portant legislation. This Act may be cited as the ‘‘Taunton, (6) can be managed by the National Park Mr. Speaker, I yield 5 minutes to the Massachusetts Special Resources Study Service in partnership with residents, busi- gentleman from Massachusetts (Mr. Act’’. ness interests, nonprofit organizations, and FRANK). SEC. 2. FINDINGS. State and local governments to develop a Mr. FRANK of Massachusetts. Mr. Congress finds the following: unit of the National Park System consistent Speaker, I thank the members of the (1) The city of Taunton, Massachusetts, is with State and local economic activity. committee who have brought this bill home to 9 distinct historic districts, with SEC. 4. REPORT. forward. more than 600 properties on the National Not later than 3 fiscal years after the date Register of Historic Places. Included among on which funds are first made available for This is a bill that has particular these districts are the Church Green Historic this Act, the Secretary shall submit to the meaning to me. The City of Taunton District, the Courthouse Historic District, Committee on Resources of the House of has been in the district I have been the Taunton Green Historic District, and the Representatives and the Committee on En- privileged to represent for just a couple Reed and Barton Historic District. ergy and Natural Resources of the Senate a of years. Prior to that, it was rep- (2) All of these districts include buildings report on the findings, conclusions, and rec- resented by one of our late colleagues; and building facades of great historical, cul- ommendations of the study required under and when you talk about history, tural, and architectural value. section 3. which this bill does, building as it does (3) Taunton Green is the site where the SEC. 5. PRIVATE PROPERTY. on the history of the City of Taunton, Sons of Liberty first raised the Liberty and The recommendations in the report sub- Union Flag in 1774, an event that helped to mitted pursuant to section 4 shall include you could not talk about the history of spark a popular movement, culminating in discussion and consideration of the concerns this institution without some reference the American Revolution, and Taunton citi- expressed by private landowners with respect to the man who represented Taunton zens have been among the first to volunteer to designating certain structures referred to before me and that is our late col- for America’s subsequent wars. in this Act as a unit of the National Park league, Joe Moakley. (4) Robert Treat Paine, a citizen of Taun- System. Joe Moakley represented Taunton for ton, and the first Attorney General of Massa- The SPEAKER pro tempore. Pursu- years. He was the one under whose rep- chusetts, was a signer of the Declaration of Independence. ant to the rule, the gentleman from resentation the discussion of a national (5) Taunton was a leading community in New Mexico (Mr. PEARCE) and the gen- park began. I was privileged to take the Industrial Revolution, and its industrial tleman from New Mexico (Mr. UDALL) this over actually from his immediate area has been the site of many innovations each will control 20 minutes. successor, my colleague, the gentleman in such industries as silver manufacture, The Chair recognizes the gentleman from Massachusetts (Mr. LYNCH). It is paper manufacture, and ship building. from New Mexico (Mr. PEARCE). on behalf of both of us that we present (6) The landscaping of the Courthouse GENERAL LEAVE this, and we do want to invoke the Green was designed by Frederick Law memory of Joe Moakley when we go Olmsted, who also left landscaping ideas and Mr. PEARCE. Mr. Speaker, I ask plans for other areas in the city which have unanimous consent that all Members forward with this bill. great value and interest as historical ar- may have 5 legislative days within The City of Taunton, Massachusetts, chives and objects of future study. which to revise and extend their re- is a wonderful place. I am lucky (7) Main Street, which connects many of marks and include extraneous material enough to have one of my congres- the historic districts, is home to the Taun- on H.R. 1512. sional district offices right in the heart ton City Hall and the Leonard Block build- The SPEAKER pro tempore. Is there of this area. I have checked and I do ing, 2 outstanding examples of early 19th objection to the request of the gen- not believe I will derive any particular Century American architecture, as well as tleman from New Mexico? benefit from it, so I do not have to vote many other historically and architecturally ‘‘present’’ on the bill. What I do have is significant structures. There was no objection. (8) The city and people of Taunton have Mr. PEARCE. Mr. Speaker, I yield a chance right now to really be a part preserved many artifacts, gravesites, and im- myself such time as I may consume. of this great history. portant documents dating back to 1638 when Mr. Speaker, H.R. 1512, introduced by The Sons of Liberty Flag was first Taunton was founded. the gentleman from Massachusetts raised here. The Sons of Liberty raised

VerDate Aug 04 2004 03:58 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.042 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5207 the flag Liberty Union in 1774. There Adams’ careers were linked again as Paine A motion to reconsider was laid on were buildings that played an impor- served as an Associate Prosecutor at the the table. trial of the Boston Massacre. Paine went on tant role in the Revolution. They were f there in Taunton. Taunton Green is a to become the first Attorney General of Mas- sachusetts and was a member of the Massa- HONORING UNITED STATES AIR major place in our history. We would chusetts Supreme Judicial Court. While FORCE MEMBERS KILLED IN include here the Church Green Historic serving in the Continental Congress in Octo- KHOBAR TOWERS BOMBING District. It has the Church Green Na- ber of 1774, Paine was not a party to the his- tional Register district. toric event that occurred near his home Mr. PEARCE. Mr. Speaker, I move to One of the original settlers, and I when the Sons of Liberty raised the ‘‘Liberty suspend the rules and agree to the con- think this is particularly relevant to & Union’’ or ‘‘Taunton Flag’’ on October 21, current resolution (H. Con. Res. 188) talk about, the modern impact of this, 1774 over Taunton Green on a 112-foot Lib- honoring the members of the United Elizabeth Pole was the first woman we erty Pole. The Liberty and Union flag that States Air Force who were killed in the still flies over the Taunton Green is recog- June 25, 1996, terrorist bombing of the believe to found a community in Amer- nized as the first flag of open defiance to the ica, and on the seal of the city of Taun- Khobar Towers United States military crown. housing compound near Dhahran, ton the phrase ‘‘Dux Femina Facti’’ is In addition to Robert Treat Paine, Taun- included. That translates, I am reliably ton’s General David Cobb left his mark on Saudi Arabia. The Clerk read as follows: informed by better Latin scholars than the Revolutionary War. General Cobb served myself, into ‘‘the person responsible for as aide-de-camp to General Washington and H. CON. RES. 188 this was a woman.’’ was entrusted with the duty of negotiating Whereas June 25, 2005, marks the ninth an- It was in early recognition of what the evacuation of New York. After the war, niversary of the terrorist bombing of the General Cobb served as Judge of the Court of Khobar Towers United States military hous- we are still dealing with, namely, that Common Pleas for Bristol County and was ing compound in Dhahran, Saudi Arabia, on we make a great mistake when we instrumental in preventing bloodshed in June 25, 1996; refuse to give individuals the full op- Bristol County during Shay’s Rebellion. Whereas 19 members of the United States portunity to engage their talents, no As such, the history of the revolutionary Air Force were killed in the bombing and 300 matter what their gender or whatever war as symbolized by Robert Treat Paine, other Americans were injured; other characteristics that they have. General Cobb, the Sons of Liberty and the Whereas the 19 airmen killed while serving I realize that this does not mean that Taunton Green are an important component their country were Captain Christopher of the study. The distance down Main Street Adams, Staff Sergeant Daniel Cafourek, Ser- we get a park immediately. It begins from Church Green to Taunton Green past geant Millard Campbell, Senior Airman Earl the process of study. I am confident, the homes of Paine and Cobb and Elizabeth Cartrette, Jr., Technical Sergeant Patrick Mr. Speaker, that an objective study of Pole to the Liberty & Union Flag are sym- Fennig, Captain Leland Haun, Master Ser- the sort we get from the excellent staff bolic of our transformation from colony to geant Michael Heiser, Staff Sergeant Kevin that we have at the National Park independent nation. Johnson, Staff Sergeant Ronald King, Mas- Service will document the importance The anchor for the U.S.S. Constitution was ter Sergeant Kendall Kitson, Jr., Airman to the history of this country of this forged in Taunton, as was the anchor for the First Class Christopher B. Lester, Airman Civil War’s Monitor. The Taunton River First Class Brent Marthaler, Airman First area of Taunton and the importance of served as a catalyst for industry and trade. Class Brian McVeigh, Airman First Class making it a part of our National Park At one point, Taunton was one of the busiest Peter Morgera, Technical Sergeant Thanh System. I thank the two gentlemen inland ports on the Atlantic coast. Nguyen, Airman First Class Joseph Rimkus, from New Mexico for their energy and The prime industry throughout Taunton Senior Airman Jeremy Taylor, Airman First work in this. history has been silver. To this day Taunton Class Justin Wood, and Airman First Class Mr. Speaker, the following is a list of is known by many as the ‘‘Silver City.’’ As Joshua Woody; some of the salient points of the City with Taunton’s political, cultural and reli- Whereas the families of these brave airmen of Taunton. gious legacy, the silver industry was born on still mourn their loss; Main Street, between Church Green and Whereas three months after that terrorist The city of Taunton has a history of equal- Taunton Green. In 1824, Isaac Babbitt in- bombing, on September 24, 1996, the House of ity, patriotism, commerce and innovation vented and manufactured a new alloy that Representatives agreed to House Concurrent that make the areas ideal candidates for in- resulted in pewter ware of a greater quality Resolution 200 of the 104th Congress, hon- clusion within the National Park System. than ever before manufactured. Two employ- oring the victims of that terrorist bombing, The area to be included within the study in- ees, Henry G. Reed and Charles E. Barton and on the fifth anniversary of that bomb- cludes the Church Green Historic District, went on to found Reed and Barton, one of the ing, on June 25, 2001, the House of Represent- which includes the Church Green National oldest privately held companies in the na- atives agreed to House Concurrent Resolu- Register District, Main Street, and the tion and set a standard of excellence known tion 161 of the 107th Congress, concurred in Taunton Green National Register District. throughout the world. The standards estab- by the Senate on July 12, 2002, further hon- Among the original settlers of Taunton, lished by Reed & Barton are evident to this oring the victims of that bombing; Elizabeth Pole is credited as being the first day; in 1994 Reed & Barton was selected to Whereas those guilty of the attack have female to found a community in America. produce all of the victory medals for the 1996 yet to be brought to justice; and Her legacy is preserved at the Old Colony Atlanta Olympic Games. Whereas terrorism remains a constant and Historical Society Museum on Church Green. ever-present threat around the world: Now, The role that Elizabeth Pole, a woman, Mr. UDALL of New Mexico. Mr. Speaker, I would like to thank the en- therefore, be it played in founding Taunton is an important Resolved by the House of Representatives (the aspect of our colonial history that should be tire staff of the Committee on Re- Senate concurring), That on the occasion of emphasized as part of the study. The Na- sources, especially Dave Watkins, for the ninth anniversary of the terrorist bomb- tional Park System has devoted many re- their work on this bill. ing of the Khobar Towers United States mili- sources to the role of women in our nation Mr. Speaker, I yield back the balance tary housing compound near Dhahran, Saudi and history. However, no other site presently of my time. Arabia, the Congress— in the National Park System matches the Mr. PEARCE. Mr. Speaker, I thank (1) recognizes the service and sacrifice of unique circumstances surrounding Ms. Pole the staff, both majority and minority; the 19 members of the United States Air and her role as a pioneering colonial female. and I thank the gentleman from Massa- Force who died in that attack; The phrase ‘‘Dux femina facti’’ which trans- (2) calls upon every American to pause and chusetts (Mr. FRANK) for submitting lates into ‘‘the person responsible for the pay tribute to those brave airmen; deed or accomplishment was a woman’’ this valuable legislation. (3) extends its continued sympathies to the adorns the Seal of the City of Taunton. Mr. Speaker, I yield back the balance families of those who died; and A statue of Robert Treat Paine symboli- of my time. (4) assures the members of the Armed cally faces away from the Church Green Na- The SPEAKER pro tempore. The Forces serving anywhere in the world that tional Registered District down Main Street question is on the motion offered by their well-being and interests will at all towards the Taunton Green National Reg- the gentleman from New Mexico (Mr. times be given the highest priority. istered District. With the transformation PEARCE) that the House suspend the The SPEAKER pro tempore. Pursu- from English colony towards independent na- rules and pass the bill, H.R. 1512, as tion, the center of the city moved towards ant to the rule, the gentleman from the Taunton Green. Robert Treat Paine, a amended. Florida (Mr. MILLER) and the gen- Taunton resident, was as a signer of the Dec- The question was taken; and (two- tleman from Arkansas (Mr. SNYDER) laration of Independence. He along with thirds having voted in favor thereof) each will control 20 minutes. John Adams served as members of the First the rules were suspended and the bill, The Chair recognizes the gentleman Continental Congress in 1774. Paine and as amended, was passed. from Florida (Mr. MILLER).

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.044 H27PT1 H5208 CONGRESSIONAL RECORD — HOUSE June 27, 2005 GENERAL LEAVE guests of the FBI, and some of them I urge all of my colleagues to join me Mr. MILLER of Florida. Mr. Speaker, are here today in the House gallery as and the 47 original cosponsors in sup- I ask unanimous consent that all Mem- we present this resolution. I want to port of this resolution. bers may have 5 legislative days within personally pay a word of deepest appre- Mr. Speaker, I reserve the balance of which to revise and extend their re- ciation to the families of these heroes. my time. marks on H. Con. Res. 188. We can never undo the tragedy that Mr. SNYDER. Mr. Speaker, I yield The SPEAKER pro tempore. Is there they have lived. We can never alleviate myself such time as I may consume. objection to the request of the gen- the pain that I know is with each of Mr. Speaker, I rise in support of tleman from Florida? them every day, but I would hope and House Concurrent Resolution 188 intro- There was no objection. I know my colleagues join me in this duced by the gentleman from Florida (Mr. MILLER). I appreciate all the work b 1600 hope, that with the adoption of this resolution, they will take from our ac- he has done on the Committee on Mr. MILLER of Florida. Mr. Speaker, tion some solace in the fact that we do Armed Services on which we both I yield myself such time as I may con- not forget the contributions and sac- serve. He has been a valiant supporter sume rifices of their loved ones. They are of our men and women in uniform, our I rise today in support of this resolu- much more than men in uniform to veterans, and our national security. tion which reminds us that brave them; they were their lives. The gentleman from Florida (Mr. American service men and women will- Bridget Brooks, mother of Airman MILLER) outlined well the terrible trag- ingly risk their lives to defend the First Class Joseph E. Rimkus, is a con- edy that occurred at Khobar Towers. United States’ interests and the free- stituent of mine and works at Eglin This was really brought home to me dom and values that we all enjoy as even today. I regret that she is not able several years ago when I had the honor citizens. Such commitment imposes on to be here today, so, Mr. Speaker, I of participating in a Purple Heart cere- the rest of us an obligation, an obliga- would like to share with my colleagues mony at the Little Rock Air Force tion to ensure that we do not break the kind of man who was lost, in his Base, a C–130 base in my district, one of faith with those who serve, and that we mother’s own words. those things that all of us Members at respond to such commitment by resolv- ‘‘When Joseph joined the military, he some point get the honor of doing. ing to provide the necessary resources During this ceremony, previous Pur- for our military forces to successfully told me that now he could have a flag on his coffin like his grandfather. He ple Heart winners were introduced, and carry out the missions assigned to several of them were survivors of them. knew I worried about his safety and had not allowed him to join when he Khobar Towers, and it really brought Nine years ago this past Saturday, a home for me that for many of us Amer- truck bomb exploded outside the fence was 17, but he was so devoted to the military that in his last letter to me, icans we hear these names, they sound around the Khobar Towers compound exotic, they sound foreign, and yet for in Dhahran, Saudi Arabia. The bomb, he told me that I was his hero and he was going to make a career out of serv- the families that are here with us estimated at more than 3,000 pounds, today and the families of these men detonated about 85 feet from a residen- ing his country. He was so proud to be in the Air Force. and women who died and were wound- tial housing unit that housed U.S. ed, those names, those places, mean ‘‘As for his youth, he became the troops, killing 19 U.S. Air Force serv- very much to them and their family. man of the house when his father aban- icemen, and wounding hundreds of We are also reminded by the tragedy doned us while serving a tour in Korea, other Americans. at Khobar Towers, the attack on and Joseph was my biggest supporter The force of that explosion destroyed Khobar Towers, of the other sacrifices as I put myself through college. He or damaged six high-rise apartment that our men and women in uniform called me the day he died, and his last buildings and shattered windows have made at places that are not all words to me were that he loved me. throughout the residential compound. that well known to many Americans. Today, we honor the 19 airmen who ‘‘He was the tenth firstborn son to be We recall the attack on Riyadh, gave their lives, the supreme sacrifice, named Joseph. He did not talk about Saudi Arabia, at the U.S. military at the hands of terrorists 20 miles away being a father because that was a done headquarters, November 13, 1995, in from Dhahran. This Congress joins me deal. Instead, he talked in great length which we lost five servicemembers. in paying tribute to those men who are of what kind of grandfather he would Then 2 years following the Khobar individually recognized in H. Con. Res. be. Towers attack, we had the attack 188. ‘‘My family may never recover from against two of our embassies on August Mr. Speaker, I thought when I was this loss. Joseph was one of those rare 7, 1998, one in Nairobi, Kenya, and the drafting this resolution that it is ironic souls who gave all. Before he left, he other in Tanzania. The two truck that just a month ago we celebrated made sure that I knew he was a Chris- bombs killed 11 Americans, including Memorial Day, where we honored the tian and he would be a Catholic all of three servicemembers, and hundreds of men and women who have died in the his life. Can you imagine how that Kenyans and nearly a dozen Tanza- pursuit, and subsequently the defense, knowledge has comforted me? There is nians. of freedom in wars, domestic and for- no amount of money to pay for that. Then we had the attack October 12, eign, since the founding of our country. Even to this day, people still tell me 2000, on the USS Cole and finally the One week from today, we will be cele- how wonderful he was. attacks on the World Trade Center, the brating the founding of America, our ‘‘In the court case against Iran, one Pentagon and the plane that crashed in birthday, the Declaration of Independ- airman, who I did not know, testified Pennsylvania. ence, upon which our Founding Fathers that while they were all huddled in So this is a very important reminder pledged their lives, their fortunes, and mass after the bombing, and they knew today of the sacrifice that our men and their sacred honor. the boys who were killed, it was Jo- women in uniform are called on to As we celebrate our Fourth of July or seph’s presence that he felt. That does make, but also the sacrifice that their Memorial Day on their designated day, not surprise me. Joseph was there for family and friends and all of us make they are a constant reminder of the his friends. That is just what he would when we lose such fine, fine Americans. sacrifice of these men. Twelve of the 19 do.’’ Once again, I commend the gen- men killed were based at Eglin Air Mr. Speaker, our action on this reso- tleman from Florida (Mr. MILLER) for Force Base in my district and several, lution is a message to those who died, introducing this resolution, and I urge along with their families, were con- their family members, our Nation and all Members to support it. stituents. It is my hope that all of the rest of the world that we honor the Mr. MICA. Mr. Speaker, Saturday, June America will pause and give thanks to sacrifices of these 19 airmen and the 25th, marked 9 years since the terrorist bomb- their sacrifice. families that they left behind. They ing of the Khobar Towers, the U.S. military This week in Washington, D.C., the served with the highest and best mili- housing facility in Saudi Arabia where 19 parents and loved ones of many of tary traditions. No one could have American servicemen were killed and hun- those who sacrificed their lives are the served better or given more. dreds wounded.

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\K27JN7.047 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5209 Four years ago, on June 21st, 2001, the The SPEAKER pro tempore (Mr. held Bosniak males over 16 years of age at United States indicted some of those who ISSA). The question is on the motion of- collection points and sites in northeastern were responsible for those murders. While a fered by the gentleman from Florida Bosnia and Herzegovina under their control, and then summarily executed and buried the (Mr. MILLER) that the House suspend few of these individuals have been identified, captives in mass graves; not one has been brought to trial yet. However the rules and agree to the concurrent Whereas approximately 20 percent of long it takes, our country must continue to pur- resolution, H. Con. Res. 188. Srebrenica’s total population at the time—at sue and bring to justice all of those indicted The question was taken; and (two- least 7,000 and perhaps thousands more—was and all those responsible for this murderous, thirds having voted in favor thereof) either executed or killed; terrorist act against our servicemen and our the rules were suspended and the con- Whereas the United Nations and its mem- country. We must not rest until this has been current resolution was agreed to. ber states have largely acknowledged their accomplished. A motion to reconsider was laid on failure to take actions and decisions that Florida and our Nation lost too many inno- the table. could have deterred the assault on Srebrenica and prevented the subsequent cent victims for this matter to be brushed f massacre; aside. EXPRESSING THE SENSE OF THE Whereas Bosnian Serb forces, hoping to Master Sergeant Michael G. Heiser, of Palm HOUSE REGARDING THE MAS- conceal evidence of the massacre at Coast, and Airman First Class Brian W. SACRE AT SREBRENICA IN JULY Srebrenica, subsequently moved corpses McVeigh, of DeBary, are 2 of the 19 heroes 1995 from initial mass grave sites to many sec- who left behind loved ones and families in my ondary sites scattered throughout parts of Congressional District. Their young lives were Mr. SMITH of New Jersey. Mr. northeastern Bosnia and Herzegovina under cut short when they made the ultimate sac- Speaker, I move to suspend the rules their control; rifice for our country. The United States must and agree to the resolution (H. Res. Whereas the massacre at Srebrenica was 199) expressing the sense of the House among the worst of many horrible atrocities never rest until those responsible for these to occur in the conflict in Bosnia and deaths are brought to justice. of Representatives regarding the massacre at Srebrenica in July 1995, as Herzegovina from April 1992 to November We know that these surviving relatives and 1995, during which the policies of aggression all the others who lost their loved ones con- amended. and ethnic cleansing pursued by Bosnian tinue to feel the pain of great loss. We know The Clerk read as follows: Serb forces with the direct support of the that they cannot rest—until justice prevails. H. RES. 199 Serbian regime of Slobodan Milosevic and its Ms. JACKSON-LEE of Texas. Mr. Speaker, Whereas in July 1995 thousands of men and followers ultimately led to the displacement I rise today in strong support of H. Res. 608 boys who had sought safety in the United of more than 2,000,000 people, an estimated which recognizes the 9th anniversary of the Nations-designated ‘‘safe area’’ of Srebrenica 200,000 killed, tens of thousands raped or oth- in Bosnia and Herzegovina under the protec- erwise tortured and abused, and the innocent terrorist bombing of the Khobar Towers United tion of the United Nations Protection Force civilians of Sarajevo and other urban centers States military housing compound near (UNPROFOR) were massacred by Serb forces repeatedly subjected to shelling and sniper Dhahran, Saudi Arabia. operating in that country; attacks; On the evening of June 25th, 1996, a truck Whereas beginning in April 1992, aggression Whereas Article 2 of the Convention on the bomb exploded in Dhahran, Saudi Arabia. and ethnic cleansing perpetrated by Bosnian Prevention and Punishment of the Crime of This terrorist attack killed 19 servicemen of the Serb forces, while taking control of the sur- Genocide (done at Paris on December 9, 1948, U.S. Air Force and wounded 300 other Ameri- rounding territory, resulted in a massive in- and entered into force with respect to the cans. The bomb tore away an entire wall of a flux of Bosniaks seeking protection in United States on February 23, 1989) defines high-rise apartment building, part of the Srebrenica and its environs, which the genocide as ‘‘any of the following acts com- United Nations Security Council designated mitted with intent to destroy, in whole or in Khobar Towers complex housing U.S. Air a ‘‘safe area’’ in Resolution 819 on April 16, part, a national, ethnical, racial or religious Force men and women assigned to nearby 1993; group, as such: (a) killing members of the Dhahran Air Base. Whereas the UNPROFOR presence in group; (b) causing serious bodily or mental Although their mission was to patrol the Srebrenica consisted of a Dutch peace- harm to members of the group; (c) delib- skies of southern Iraq and prevent Iraqi planes keeping battalion, with representatives of erately inflicting on the group conditions of from threatening the peace of the Middle East, the United Nations High Commissioner for life calculated to bring about its physical de- this terrorist attack was a painful demonstra- Refugees, the International Committee of struction in whole or in part; (d) imposing tion and reminder of the risks Americans in the Red Cross, and the humanitarian medical measures intended to prevent births within aid agency Me´decins Sans Frontie`res (Doc- the group; (e) forcibly transferring children uniform are faced with every day around the tors Without Borders) helping to provide hu- of the group to another group’’; world. manitarian relief to the displaced population Whereas on May 25, 1993, the United Na- Therefore, it is our duty to recognize the living in conditions of massive overcrowding, tions Security Council adopted Resolution service and sacrifice of these men and women destitution, and disease; 827 establishing the world’s first inter- and to extend that duty upon our fellow Ameri- Whereas Bosnian Serb forces blockaded the national war crimes tribunal, the Inter- cans. We ask that all Americans pause and enclave early in 1995, depriving the entire national Criminal Tribunal for the former pay tribute to those 19 brave airmen and air- population of humanitarian aid and outside Yugoslavia (ICTY), based in The Hague, the women who have given their lives so that oth- communication and contact, and effectively Netherlands, and charging the ICTY with reers throughout the world may live in a free reducing the ability of the Dutch peace- sponsibility for investigating and pros- keeping battalion to deter aggression or oth- ecuting individuals suspected of committing and democratic society. Together, as Ameri- erwise respond effectively to a deteriorating war crimes, genocide, crimes against human- cans, we offer our continued sympathies to situation; ity and grave breaches of the 1949 Geneva the families affected by this tragedy. We know Whereas beginning on July 6, 1995, Bosnian Conventions on the territory of the former that because their loved ones could never be Serb forces attacked UNPROFOR outposts, Yugoslavia since 1991; replaced; we will never forget the values they seized control of the isolated enclave, held Whereas nineteen individuals at various so valiantly died for, nor will we stop until captured Dutch soldiers hostage and, after levels of responsibility have been indicted, those who are responsible for such a heinous skirmishes with local defenders, ultimately and in some cases convicted, for grave act are brought to justice. Furthermore, it is took control of the town of Srebrenica on breaches of the 1949 Geneva Conventions, July 11, 1995; violations of the laws or customs of war, our responsibility to assure our servicemen Whereas an estimated one-third of the pop- crimes against humanity, genocide, and and women that wherever in the world they ulation of Srebrenica, including a relatively complicity in genocide associated with the are—we, the Members of Congress, will make small number of soldiers, made a desperate massacre at Srebrenica, three of whom, most them, the defenders of liberty and justice, our attempt to pass through the lines of Bosnian notably Radovan Karadzic and Ratko highest priority. Serb forces to the relative safety of Bosnian- Mladic, remain at large; and Mr. SNYDER. Mr. Speaker, I yield held territory, but many were killed by pa- Whereas the international community, in- back the balance of my time. trols and ambushes; cluding the United States, has continued to Mr. MILLER of Florida. Mr. Speaker, Whereas the remaining population sought provide personnel and resources, including again, I have no more speakers and I protection with the Dutch peacekeeping bat- through direct military intervention, to pre- would suffice to say that we urge pas- talion at its headquarters in the village of vent further aggression and ethnic cleansing, Potocari north of Srebrenica but many of to negotiate the General Framework Agree- sage of this resolution and the fact these individuals were randomly seized by ment for Peace in Bosnia and Herzegovina that these nomads will forever be pro- Bosnian Serb forces to be beaten, raped, or (initialed in Dayton, Ohio, on November 21, tecting us. executed; 1995, and signed in Paris on December 14, Mr. Speaker, I yield back the balance Whereas Bosnian Serb forces deported 1995), and to help ensure its fullest imple- of my time. women, children, and the elderly in buses, mentation, including cooperation with the

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.031 H27PT1 H5210 CONGRESSIONAL RECORD — HOUSE June 27, 2005 International Criminal Tribunal for the and children of Srebrenica in Bosnia- I would just point out to my col- former Yugoslavia: Now therefore be it Herzegovina. In a little over 2 weeks, it leagues that on the Subcommittee on Resolved, That it is the sense of the House will have been 10 years since the mas- International Operations and Human of Representatives that— sacre of approximately 8,000 men and (1) the thousands of innocent people exe- Rights, which I chaired for several cuted at Srebrenica in Bosnia and boys from that small town. years through the 1990s, we did hold Herzegovina in July 1995, along with all indi- Mr. Speaker, renewed attention is fo- hearings, and many of us made trips to viduals who were victimized during the con- cused on this event in light of the re- the former Yugoslavia. flict and genocide in Bosnia and Herzegovina cently released video showing members In one of those hearings, we heard from 1992 to 1995, should be solemnly remem- of the Serb paramilitary group, the from Hasan Nuhapovic, a former trans- bered and honored; Scorpions, executing young Bosniak lator of the U.N. peacekeeping forces in (2) the policies of aggression and ethnic men from Srebrenica. Many Members Srebrenica. Hasan was one of those cleansing as implemented by Serb forces in of this House saw the news coverage of who lost his family and I would just Bosnia and Herzegovina from 1992 to 1995 this video, including an interview of a meet the terms defining the crime of geno- quote very briefly from that testimony woman who never knew what actually that he gave to our committee. He cide in Article 2 of the Convention on the happened to her young son at Prevention and Punishment of the Crime of said, ‘‘My family, just like thousands Genocide; Srebrenica in July 1995 until she saw of others, was simply handed over to (3) foreign nationals, including United the footage on television that he was the Serbs in the village of Potocari, 6 among those executed. In passing this States citizens, who have risked and in some kilometers north of Srebrenica on 13 resolution, we are expressing solidarity cases lost their lives in Bosnia and July 1995. They have never been seen Herzegovina while working toward peace with the thousands of women like her, since. The Dutch peacekeepers threw should be solemnly remembered and hon- and others, who a decade ago witnessed my family out of the camp right in ored; something so evil that it defies com- front of my eyes. The people, especially (4) the United Nations and its member prehension. states should accept their share of responsi- There are four basic motivations, Mr. the men and boys who were inside the bility for allowing the Srebrenica massacre Speaker, for passing this resolution camp, didn’t want to leave the relative and genocide to occur in Bosnia and safety of it.’’ Herzegovina from 1992 to 1995 by failing to today. First, there are those who, despite being indicted for genocide, con- It goes on to say, ‘‘The Dutch refused take sufficient, decisive, and timely action, to tell the refugees inside the camp and the United Nations and its member tinue to evade justice. Second, some states should constantly seek to ensure that continue to deny that the atrocity what was going on with the people out- this failure is not repeated in future crises even occurred or they contend it was side.’’ He says, ‘‘They lied, saying that and conflicts; something other than genocide. Third, everything was all right and that the (5) it is in the national interest of the the international community must people from inside the camp were also United States that those individuals who are learn from its failure to stop slaughter going to be evacuated to the federation responsible for war crimes, genocide, crimes from taking place in a declared safe territory. The Dutch lied to the refu- against humanity, and grave breaches of the area, and let us all remember gees inside the camp,’’ he goes on. 1949 Geneva Conventions, committed in Bos- ‘‘The Dutch knew that the men and nia and Herzegovina, should be held account- Srebrenica was called a safe haven, es- able for their actions; pecially as we look at similar situa- boys outside the camp were being sepa- (6) all persons indicted by the Inter- tions around the globe. Finally, 10 rated from the women and children and national Criminal Tribunal for the former years after Srebrenica, Srebrenica sur- that some of them were even killed Yugoslavia (ICTY) should be apprehended vivors, including many who came to right on the spot. They watched the and transferred to The Hague without fur- this country as refugees and are now Serbs take away and kill civilians. ther delay, and all countries should meet American citizens, still feel the excru- They did nothing to prevent it.’’ their obligations to cooperate fully with the ciating pain of losing so many of their Mr. Speaker, this resolution remem- ICTY at all times; and bers those 7- to 8,000 men and boys who (7) the United States should continue to innocent loved ones. support the independence and territorial in- Mr. Speaker, I want to stress that were slaughtered in Srebrenica, and it tegrity of Bosnia and Herzegovina, peace and the resolution notes the direct support says in a collective voice of the House stability in southeastern Europe as a whole, that came from the Serbian regime of of Representatives, Democrats and Re- and the right of all people living in the re- Slobodan Milosevic and its followers. publicans alike, that we care, we care gion, regardless of national, racial, ethnic or This is no small circle of Milosevic deeply. We are sorrowful for those who religious background, to return to their henchmen, as some in Belgrade have lost their lives, and hopefully never homes and enjoy the benefits of democratic claimed. We are referring to an entire again. institutions, the rule of law, and economic regime, albeit an undemocratic one, I will insert a Chronicle of Genocide opportunity, as well as to know the fate of missing relatives and friends. and not just a few individuals in posi- in the RECORD at this point. tions of authority. Moreover, followers The SPEAKER pro tempore. Pursu- CHRONICLE OF GENOCIDE of the regime existed in the military, PROLOGUE ant to the rule, the gentleman from the police and other state institutions, New Jersey (Mr. SMITH) and the gen- The town of Srebrenica is located in east- and when it appeared that he was suc- ern Bosnia’s Drina River Valley, about 15 tleman from California (Mr. LANTOS) ceeding in a conflict against neigh- each will control 20 minutes. kilometers from the Serbian border. In 1991, boring peoples, Milosevic actually gar- the town was home to 37,000 inhabitants, in- The Chair recognizes the gentleman nered popular support. cluding roughly 27,000 Bosnian Muslims from New Jersey (Mr. SMITH). Milosevic has rightfully been in The (Bosniaks) and 9,000 Serbs. Prior to the out- GENERAL LEAVE Hague, as we all know, Mr. Speaker, break of Yugoslavia’s civil war, members of Mr. SMITH of New Jersey. Mr. since 2001, but why have others like Srebrenica’s different ethnic groups lived to- Speaker, I ask unanimous consent that Radovan Karadzic and Ratko Mladic gether for decades without major conflict. all Members may have 5 legislative remained at large? Why until recently, After the end of the Cold War, Srebrenica days within which to revise and extend had its first encounter with conflict in April if not to today, have they benefited 1992 when Serb paramilitary forces gained their remarks and include extraneous from the protection not only from control of the city for several weeks. One material on H. Res. 199, the resolution criminal networks but perhaps by seg- month later, Srebrenica was recaptured by under consideration. ments of the military and the police? Bosnian Muslim fighters from the Army of The SPEAKER pro tempore. Is there To me, that shows broader involvement Bosnia and Herzegovina. By September, Bos- objection to the request of the gen- than has been alleged. nian Muslim forces had succeeded in uniting tleman from New Jersey? The reference to the followers of the Srebrenica with the neighboring town of ¯ There was no objection. Milosevic regime clearly indicates that Zepa and increasing the size of the territory Mr. SMITH of New Jersey. Mr. we are not referring to those in Serbia, under their control to 900 square kilometers. Speaker, I yield myself such time as I However, the enclave remained isolated from including those in positions of author- the main Army of Bosnia and Herzegovina may consume. ity today, who had no role in what was and strategically vulnerable to advancing Mr. Speaker, in consideration of H. happening when they put themselves at Serb forces. Res. 199, today the House of Represent- risk in opposing Milosevic and his poli- In January 1993, Bosnian Serb troops atives brings honor to the men, women cies in the 1990s. (which logistically and financially were not

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.020 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5211 entirely independent from and were sup- mitted on the correct form. At 10:30 a.m., the Bosnian Serbs begin the mass execution of ported by Serbian military and police forces) re-issued request reaches General Janvier. Muslim detainees at sites near the Jadar from the self-proclaimed Republika Srspka However, the NATO warplanes that have River, the Cerska valley, and a warehouse in launched an offensive to retake the Muslim- been circling Srebrenica since 6:00 a.m. are Kravica. controlled areas around Srebrenica. After low on fuel and have to return to their base 8:00 p.m.: The removal of the Bosnian Mus- months of fighting, the villages of Konjevic´ in Italy. lim population from Potocˇari is completed. Polje and Cerska were captured, severing the 2:30 p.m.: NATO planes bomb Republika July 13–14, 1995.—Executions continue in connection between Srebrenica and Zˇ epa and Srpska army tanks. The Bosnian Serb forces Tisˇcá. reducing the size of the Srebrenica enclave threaten to kill captured Dutch soldiers and July 14, 1995.—Executions continue in to 150 square kilometers. Bosnians from shell the U.N. base in Potoc˘ari. Plans for fur- Orahovac. neighboring areas streamed into the town of ther NATO air strikes are abandoned. July 14–15, 1995.—Executions continue at Srebrenica, increasing the population to as General Ratko Mladic´, together with Gen- the Petkovcí Dam. many as 60,000 people. eral Krstic´ (then Deputy Commander and July 16, 1995.—Executions continue at When the Commander of the U.N. Protec- Chief of Staff of the Drina Corps), General Branjevo Military Farm and the Pilicá Cul- ˘ tion Force (UNPROFOR), French General Zivanovic´ (then Commander of the Drina tural Center. Philippe Morillon, visited Srebrenica in Corps) and other VRS officers enter The front of the decimated column of Bos- March 1993, he discovered an overcrowded Srebrenica. nian Muslims succeeds in reaching territory city beset by siege conditions. The Bosnian 8:00 p.m.: Representatives of the Bosnian controlled by the Army of Bosnia and Serb troops had destroyed the town’s water Serb forces meet UNPROFOR leaders at the Herzegovina. supply and the population was running short Hotel Fontana in the neighboring city of July 17–18, 1995.—Executions continue at ´ on food, medicine, and other necessities. Be- Bratunac. General Ratko Mladic chairs the Kozluk and other locations. fore his departure, General Morillon prom- meeting, and the two sides discuss the September–October 1995—The Bosnian Serb ised residents that Srebrenica was under mounting refugee crisis. forces engage in a concerted effort to conceal Around 10:00 p.m.: In Srebrenica, military U.N. protection and that he would never the mass killings by exhuming bodies from leaders of the Army of Bosnia and abandon the city’s inhabitants. mass graves, turning over the ground, and Herzegovina and local civilians decide to On April 16, 1993, the U.N. Security Council reburying human remains in smaller, remote form a column of men—about two thirds of passed a resolution declaring that ‘‘all par- gravesites. which were Bosnian Muslim civilians—with ties and others treat Srebrenica and its sur- the goal of escaping from Srebrenica through EPILOGUE roundings as a ‘safe area’ that should be free the mountains toward Tuzla. The column Evidence presented at The Hague in the from armed attack or any other hostile act.’’ The first group of UNPROFOR soldiers ar- starts moving north around midnight. trial of Bosnian Serbs accused of war crimes 11:00 p.m.: A second meeting at the Hotel rived in Srebrenica on April 18, 1993 and fresh established that during the month of July Fontana results in a plan to transport Bos- troops were rotated into the city every six 1995, Bosnian Serb forces executed between nian Muslim civilians out of the enclave. months after that. In January 1995, a bat- seven and eight thousand Bosnian men and July 12, 1995.—VRS General Milenko boys. The International Tribunal for the talion from the Netherlands rotated into the Zˇ ivanovic´ signs an order directing the Drina enclave. By this time, few supply convoys Former Yugoslavia (ICTY) found ‘‘beyond Corps to secure all buses and mini-buses be- any reasonable doubt that a crime of geno- were reaching the city. In March and April, longing to the VRS. The Republika Srpska the Dutch soldiers defending the city ob- cide was committed in Srebrenica’’. Defense Ministry sends three orders to its Immediately after the massacre, served a build-up of Bosnian Serb troops in local secretariats directing them to procure the surrounding area. The Drina Corps of the Republika Srpska President Radovan buses and to send them to Bratunac. Karadzˇic´ and VRS Chief Ratko Mladic´, the Army of the Republika Srpska (VRS) was 10:00 a.m.: A third and final meeting is held preparing for a major attack on Srebrenica. highest political and military leaders of the at the Hotel Fontana to discuss the fate of Bosnian Serbs, were indicted by the Tribunal CHRONOLOGY OF GENOCIDE the Srebrenica Muslims. Ratko Mladic´ issues for their roles in the Srebrenica genocide. To an order to transport Bosnian Muslim refu- March 1995—Radovan Karadzˇic´, President date, they have successfully avoided arrest. gees out of Potocˇari, stating that it is the of the self-proclaimed Republika Srpska, The crimes in Srebrenica are also included in only way to guarantee their survival. He also issues a directive to the Bosnian Serb Army the indictment against former Yugoslav informs those present that all males between ordering the VRS to ‘‘complete the physical leader Slobodan Milosˇevic´. ˇ the ages of 16 and 70—essentially all mili- separation of Srebrenica from Zepa as soon Radislav Krstic´ and Vidoje Blagojevic´, tary-aged men, (which however did not pre- as possible’’ and block aid convoys on their high ranking officers of the Bosnian Serb vent boys of much younger age as well as way to Srebrenica. Army, have been convicted of complicity in much older men to be included in this group) July 2, 1995—Republika Srpska Army Gen- genocide. Dragan Jokic´, Deputy Commander ˘ ´ must be separated from the others and eral Milenko Zivanovic signs two orders out- of the Zvornik Brigade, has been convicted of screened to prevent the escape of possible lining plans for attacking the enclave and crimes against humanity. General Radislav ‘‘war criminals.’’ issues the order to various units of the Drina Krstic´, deputy commander of the VRS Drina Corps to prepare for combat. The operation 1:00 p.m.: Dozens of buses arrive in Potocˇari. Women, children, and the elderly Corps, has been convicted of genocide. Offi- is code-named ‘‘Krivaja 95.’’ cers Momir Nikolic´ and Dragan Obrenovic´, July 6, 1995—Bosnian Serb forces launch are driven by bus from Potocˇari toward and the soldier Drazˇen Erdemovic´, have ad- their attack on Srebrenica. The Commander Tuzla, which is under the control of the mitted their guilt and been convicted of of the city’s Dutch battalion, Colonel Army of Bosnia and Herzegovina. Military- crimes against humanity. Those convicted in Karremans, contacts the U.N. General Staff aged men are systematically separated out connection with the genocide have received in Sarajevo requesting NATO air support and detained in Potocˇari before being trans- prison sentences ranging from five to 35 after refugee camps and U.N. monitoring ferred to Bratunac. years. Drazˇen Erdemovic´, sentenced to five posts are shelled. Bosnian Serbs forces, including some mili- July 9, 1995—Forces from the VRS Drina tary and municipal police, take positions years in prison for the murder of at least 75 Corps surround the town of Srebrenica. along the Bratunac-Milicí road with the in- men from Srebrenica, has already been re- President Karadz˘ic´ issues a new order in tention of intercepting the column. Equipped leased. ˇ which he approves the capture of Srebrenica. with heavy armor and artillery, the Bosnian Ljubisa Beara, Head of Security at the July 10, 1995—The Bosnian Serbs shell Serb forces open fire on the column as it General Headquarters of the Bosnian Serb Srebrenica and residents flee toward the crosses the road between Konjevic´ Polja and Army, has been charged with genocide and is U.N. base at Potoc˘ari. Nova Kasaba. Many survivors of the attack awaiting trial. Colonel Karremans makes an urgent re- are taken prisoner. Army and police officers Drago Nikolic´, quest for NATO air support when Bosnian The U.N. Security Council declares that Ljubomir Borvcˇanin, Vinko Pandurevic´, and Serb forces shell his soldiers’ positions. The the international community is ‘‘[g]ravely Vujadin Popovic´, also indicted for genocide, Commander of the U.N. forces, French Gen- concerned at the deterioration in the situa- have surrendered to the Tribunal in The eral Bernard Janvier, initially rejects the re- tion in and around the safe area of Hague and are awaiting trial. Radivoje quest, but ultimately approves the use of air Srebrenica, Republic of Bosnia and Miletic´ and Milan Gvero, Generals of the strikes. In the meantime, the VRS forces Herzegovina, and at the plight of the civilian Bosnian Serb Army, have surrendered to the stop attacking U.N. soldiers and the air at- population there.’’ Tribunal and are charged with expelling Bos- tacks are postponed. July 13, 1995.—The evacuation of women, nian Muslims from Srebrenica. General Colonel Karremans assures Bosnian Mus- children, and the elderly continues. Mili- Zdravko Tolimir, who is accused of the same lims that NATO airplanes will execute a tary-aged men are separated from the refu- crimes, is still at large. major attack on Bosnian Serb troops if VRS gees and transferred to Bratunac. The Appeals Chamber of the International forces are not withdrawn from the Protec- As many as 6,000 men from the column Criminal Tribunal for the Former Yugo- tion Zone by 6:00 a.m. the next morning. headed from Srebrenica to Tuzla are cap- slavia used strong language to describe the July 11, 1995—Bosnian Serb forces conduct tured and detained by Bosnian Serb forces. Srebrenica genocide during the trial of Gen- extensive shelling of Srebrenica. Several thousand of them are brought to a eral Radislav Krstic´: ‘‘By seeking to elimi- 9:00 a.m.: Colonel Karremans is notified field close to Sandicí and to the soccer sta- nate a part of the Bosnian Muslims, the Bos- that his request for air support was not sub- dium in Nova Kasaba. nian Serb forces committed genocide. They

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.021 H27PT1 H5212 CONGRESSIONAL RECORD — HOUSE June 27, 2005 targeted for extinction the forty thousand and boys in the fields, schools, and 39 cosponsors, including the gentleman Bosnian Muslims living in Srebrenica, a warehouses around Srebrenica. from Maryland (Mr. CARDIN), who is group which was emblematic of the Bosnian Mr. Speaker, this was the worst mas- the ranking member on the Commis- Muslims in general. They stripped all the sacre in the bloody Bosnian war, and it sion on Security and Cooperation in male Muslim prisoners, military and civilian, elderly and young, of their personal be- was ethnic cleansing of the most hor- Europe, which I chair in the House. longings and identification, and deliberately rible sort. It is important that we note Let me say, finally, Mr. Speaker, and methodically killed them solely on the not only that 10 years have passed that Article 2 of the Genocide Conven- basis of their identity. The Bosnian Serb since that horrendous crime, but what tion, quoted in the text of this resolu- forces were aware, when they embarked on is more, that those who are guilty of tion, defines genocide as, ‘‘Any of the this genocidal venture, that the harm they this mind-boggling atrocity have not following acts committed with intent caused would continue to plague the Bosnian been brought to justice. to destroy in whole or in part, a na- Muslims. The Appeals Chamber states un- The Bosnian Serb general who com- tional, ethnical, racial, or religious equivocally that the law condemns, in appro- manded Serbian forces at Srebrenica, group, such as: A, killing members of priate terms, the deep and lasting injury in- the group; B, causing serious bodily or flicted, and calls the massacre at Srebrenica Ratko Mladic, has been indicted by the by its proper name: genocide. Those respon- International Criminal Tribunal, but mental harm to members of the group; sible will bear this stigma, and it will serve he remains at large in Serbian-con- C, deliberately inflicting on the group as a warning to those who may in future controlled areas of Bosnia or in Serbia conditions of life calculated to bring template the commission of such a heinous itself. Another Bosnian Serb indicted about its physical destruction in whole act.’’ by the tribunal who also bears respon- or in part; E, forcibly transferring chil- To date, several thousand bodies and parts sibility for the atrocities is also free in dren of the group to another group.’’ of bodies from victims of the genocide have Bosnia or in Serbia. He is Radovan Genocide is defined as the commis- been exhumed from mass graves. So far, 1,327 Karadzic, the former leader of the self- sion of acts with that intention, wheth- of these bodies have been identified and bur- er or not the acts succeed or are com- ied in the Memorial Centre in Potocˇari near styled Republika Srpska, or the Serb- Srebrenica. controlled territories in Bosnia. pleted. The word ‘‘prevention’’ is also Of the 27,000 Bosnian Muslims who inhab- Mr. Speaker, it is an outrage that in the title of the Genocide Conven- ited Srebrenica before the war, only a few such war criminals continue to be shel- tion. While not specifying what to be hundred have returned to live in the city. tered and protected by Serbian officials done or obligating countries to do any- Mr. Speaker, I reserve the balance of in Bosnia and in Serbia. As we sol- thing specific, clearly genocides must our time. emnly mark the passage of a decade be defined as something taking place Mr. LANTOS. Mr. Speaker, I yield since this horrific massacre at and not as something necessarily ac- myself such time as I may consume, Srebrenica, it is essential that we re- complished. If accomplished, it is too and I rise in strong support of this res- commit ourselves to seek justice for late to prevent it. olution. the victims, well-deserved punishment When I look at this definition, Mr. Mr. Speaker, first I want to commend for the perpetrators, and commit our- Speaker, and then hear what happened in Srebrenica 10 years ago, I, and I the gentleman from New Jersey (Mr. selves to take all possible action to as- know others, can only agree with the SMITH), my good friend and distin- sure that such atrocities do not again Appeals Chamber at the International guished colleague, an indefatigable occur in Bosnia or in Rwanda or in Criminal Tribal for the former Yugo- fighter for human rights across the Darfur, or indeed any place on this slavia, which confirmed in April 2004 globe, for introducing this resolution. small planet. that the crime of summarily executing It is vitally important that we recall Mr. Speaker, I strongly support this almost 8,000 men and boys at the brutal and tragic events that took resolution, and I urge all of my col- Srebrenica alone meets the legal defi- place at Srebrenica in July of 1995, and leagues to do so. Mr. Speaker, I yield back the balance nition of genocide. seek justice as long as those respon- The Appeals Chamber, in which an of my time. sible are still at large. American is the presiding judge, con- Mr. SMITH of New Jersey. Mr. Mr. Speaker, in early July 1995, Bos- cluded in its decision appealing a con- Speaker, I yield myself the balance of nian Serb forces laid siege to the town viction that ‘‘the law must not shy my time. of Srebrenica in eastern Bosnia where away from referring to the crime com- As we consider this resolution, I want tens of thousands of Muslim civilians mitted by its proper name. The Appeals to thank those who have worked hard had taken refuge from earlier Serb of- Chamber states unequivocally that the to craft the text that meets various fenses in the northeast. law condemns, in appropriate terms, concerns and reflects the realities of the deep and lasting injury inflicted b 1615 Srebrenica as we know them. In par- and calls the massacre,’’ and I continue The United Nations attempted to ex- ticular, I want to thank the Congress this quote, ‘‘at Srebrenica by its proper tend protection to the area, and some of North American Bosniaks and its name: genocide. Those responsible will 600 lightly armed Dutch troops were members for stressing the need for the bear the stigma, and it will serve as a dispatched there to establish a United United States Congress to address this warning to those who may in the fu- Nations presence. issue at this time, not only for their ture contemplate the commission of Serbian troops stepped up shelling sake but for the sake of humanity. such a heinous act.’’ the town, and thousands of Muslim ref- I also want to thank the Coalition for The court got it right, Mr. Speaker. ugees fled ahead of the advancing Serb International Justice for providing us This resolution gets it right. forces. Serb soldiers then attacked the with background on who was indicted And, finally, I just want to thank the Dutch U.N. troops and took 30 of them for crimes relating to Srebrenica by gentleman to my left, Bob Hand, who hostage. The Dutch commander re- the International Criminal Tribunal has been with the Commission on Secu- quested NATO air strikes against the for the former Yugoslavia located at rity and Cooperation now since 1983 Serbian troops, but these were quickly the Hague, as well as their current sta- and who first came as an intern, for his stopped after the Serbian commander tus. diligence in crafting major portions of threatened to kill the Dutch captives. Finally, I want to thank the chair- this legislation. I want to thank him The Serbs occupied the area and man of the International Relations for his work and his attention to de- began separating the civilians, men to Committee, the gentleman from Illi- tail. He is also the staff specialist for one side, women and children to the nois (Mr. HYDE), and especially the the commission on all the areas of the other. Women and children were trans- gentleman from California (Mr. LAN- former Yugoslavia and Albania, and I ported, terrified, to Muslim territory; TOS), who is one of the cosponsors of am deeply grateful for his work as well. but all the males between the ages of 12 this resolution and a great friend of And Dan Freeman, our expert parlia- and 77 were held for what the Serbs human rights; and also for our friends mentarian, to my rear, I want to thank cynically termed interrogation for sus- on the Subcommittee on Europe and him for his work as well. pected war crimes. Over the next 5 Emerging Threats, to which it was also Mr. CARDIN. Mr. Speaker, I rise in strong days, Bosnian Serb soldiers systemati- referred, for working with us on help- support of this resolution and urge my col- cally killed over 7,000 unarmed men ing to craft this regulation. And to the league to vote for its passage.

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\A27JN7.024 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5213 Article 2 of the Genocide Convention, fer Ratko Mladic and other at-large indictees interests of its members in Afghanistan and quoted in the text of this resolution, defines to the Hague immediately, so that this issue elsewhere. Within months of Srebrenica, the genocide as ‘‘any of the following acts com- no longer holds Serbia back from taking on a international community under U.S. leadership mitted with intent to destroy, in whole or in more prominent role in Europe. at least restored a peace to Bosnia that, depart, a national, ethnical, racial or religious I urge my colleagues to support the pas- spite problems, has lasted to this day. group, such as: (a) killing members of the sage of this important resolution. It is, however, with deep regret that such group; (b) causing serious bodily or mental Mr. HOYER. Mr. Speaker, I strongly support advances in international relations came at harm to members of the group; (c) deliberately this important Resolution expressing the sense such a heavy price to so many innocent peo- inflicting on the group conditions of life cal- of the House of Representatives regarding the ple. It is a price which Srebrenica survivors culated to bring about its physical destruction massacre at Srebrenica in July 1995. continue to pay as Ratko Mladic and Radovan in whole or in part; (d) imposing measures in- This summer is the 30th anniversary of the Karadzic remain at large and as so many peo- tended to prevent births within the group; (e) signing of the Helsinki Final Act, which estab- ple continue to deny the massacre even took forcibly transferring children of the group to lished principles to be followed by participating place. The least that the international commu- another group’’. Genocide is defined as the states that include respect for human rights nity can do to ease their pain is to ensure that commission of acts with that intention whether and fundamental freedoms. The Helsinki Final the realities of Srebrenica are acknowledged or not the acts succeed or are completed. The Act and the conference it established have as genocide, to vow that they never happen word ‘‘prevention’’ is also in the title of the since been institutionalized in the Organization again, and this time to mean it. Genocide Convention. While not specifying for Security and Cooperation in Europe, or I therefore call upon my colleague to sup- what could be done or obligating countries to OSCE. This multilateral diplomatic effort was port this important resolution. do any specific thing, clearly genocide must taken seriously by both Republican and Mr. BURTON of Indiana. Mr. Speaker, as be defined as something taking place and not Democratic Administrations over the years, Chairman of the Congressional Serbian Cau- as something necessarily accomplished. If ac- and it helped tremendously in ending the Cold cus, and a long-time champion of human complished, it is too late to prevent it. War division of Europe and in giving millions rights, I was pleased to work with Chairman When I look at this definition and then hear upon millions of people freedom from com- SMITH to bring this important resolution to the what happened in Srebrenica 10 years ago, I munist repression. House Floor; and I thank the Chairman and can only agree with the Appeals Chamber at Those of us who have had the privilege to his staff, particularly Bob Hand, for their hard the International Criminal Tribunal for the serve on the U.S. Helsinki Commission can work. Nevertheless, despite all of our efforts, former Yugoslavia, which confirmed in April recall the powerful impact the Helsinki Final at the end of the day I still have a few small 2004 that the crime of summarily executing al- Act had, as well as the hard work and sac- concerns over the resolution’s wording. most 8,000 men and boys at Srebrenica alone rifice that helped bring its ideals so much clos- Let me be perfectly clear though. The meets the legal definition of genocide. The Ap- er to reality. Some of us, indeed, will be com- Srebrenica Massacre was a horrible event in peals Chamber, in which an American is the memorating the OSCE’s achievements in world history that should never have occurred, should never be condoned, and should never presiding judge, concluded in a decision ap- about 1 week when the Organization’s Par- be accepted by the international community. It pealing a conviction that ‘‘the law must not shy liamentary Assembly convenes here in Wash- was a truly horrifying experience and scarring away from referring to the crime committed by ington. its proper name . . . The Appeals Chamber One cannot honestly and credibly assess for all those involved, from those directly participating in the slaughter, to those who sat states unequivocally that the law condemns, in the accomplishments of the Helsinki Final Act, idly by while the killing took place. Now, al- appropriate terms, the deep and lasting injury however, without taking note of the greatest most 10 years later, it is only appropriate for inflicted, and calls the massacre at Srebrenica single violation of its provisions in those three this House to pause and remember the victims by its proper name: genocide. Those respon- decades. Srebrenica undoubtedly is that single of this horrendous crime and pledge anew that sible will bear this stigma, and it will serve as greatest violation. Eight thousand men and such atrocities will never happen again. a warning to those who may in the future con- boys, maybe more, were executed and thrown But, this Resolution misses the mark by sin- template the commission of such a heinous into mass graves. Their bodies continue to be gling out only one group for condemnation. act.’’ exhumed and identified to this day. The sur- This House, as well as the leaders of the Bal- Twenty-three people have been indicted for viving victims continue to feel the pain from kans, should speak unequivocally and with genocide by the Hague. Regardless of indi- the loss of their loved ones. one voice to condemn all the atrocities that vidual guilt or innocence, the acceptance of This tragedy is compounded by the truly occurred during the Balkan Wars of the 1990s the legitimacy of the charges is a recognition horrifying fact that it could have been pre- on all sides; whether committed by Serb, that genocide occurred. Indeed, if it is accept- vented. Indeed, it should have been pre- Croat or Bosnian. Furthermore, this House ed that Srebrenica itself was genocide, then vented. For 2 years, Srebrenica was des- should encourage all parties in the region to we must consider the 20–30,000 non-Serbs ignated by the United Nations as a ‘‘safe renew their commitments to fully comply with killed in the Prijedor region, which gets less at- area.’’ Attacks upon it were not to be toler- all international treaties and regulations, such tention mostly because it took place over a 6- ated. It was protected by U.N. peacekeepers. as the International Criminal Tribunal for the month period rather than a week, especially Yet, for months Serb forces prevented human- Former Yugoslavia, by handing over all out- given that the crime was committed perhaps itarian convoys from entering Srebrenica; even standing war criminals. For only then can the by some of the same people and certainly the Dutch peacekeeping contingent was ren- region, as a whole, move forward to a more under the same command. Similarly, we must dered ineffective by its isolation. When the peaceful, stable, and democratic Trans-Atlan- consider the more than 10,000 killed and Serb forces attacked, the air strikes necessary tic future, with eventual membership in the 50,000 wounded by the sniper fire and an av- to repel them never came. The United Nations North Atlantic Treaty Organization and the Eu- erage of over 300 shells per day fired into the and its member states were not at all helpless, ropean Union. city Sarajevo in the more than 3-year siege of but they were indecisive and feckless in the Once again, I commend my colleague, that city—a crime again committed by perhaps face of clear aggression. Chairman SMITH for bringing this issue before some of the same people and certainly under Many of us in the Congress at the time ap- the House. I wish we had been able to strike the same command. We must consider what pealed for decisive action. Even after docu- an understanding on some of the broader happened in Foca and Brcko. When we add menting the policy of ethnic cleansing in Bos- issues but I still believe that House Resolution all these and other places together, we must nia since 1992, we admittedly did not know 199 has great merit and I vote ‘‘aye.’’ conclude that genocide occurred. the scale and horrific nature of the acts to fol- Mr. SMITH of New Jersey. Mr. This, of course, does not mean that Serbs low, but we certainly knew something evil was Speaker, I yield back the balance of were not also victimized, nor does it mean that about to occur in Srebrenica. And it did occur, my time. all Serbs are somehow guilty for what has due to the simple fact that it was allowed to The SPEAKER pro tempore (Mr. been done in their name. But today, it is en- occur. ISSA). The question is on the motion of- tirely appropriate that we focus on what hap- We can, if we choose, find some silver lin- fered by the gentleman from New Jer- pened in Srebrenica, and to put Srebrenica in ings in that experience. For the first time since sey (Mr. SMITH) that the House suspend the context of the larger Bosnian conflict. It is World War II, individuals have been held to the rules and agree to the resolution, also an important time to urge the authorities account for their crimes, including genocide, H. Res. 199, as amended. in Belgrade, who have made considerable before an international tribunal. NATO oper- The question was taken. progress this year, to finally complete their co- ated ‘‘out of area,’’ setting a stage for broad- The SPEAKER pro tempore. In the operation with the tribunal. Serbia must trans- ening the scope of the alliance to support the opinion of the Chair, two-thirds of

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.040 H27PT1 H5214 CONGRESSIONAL RECORD — HOUSE June 27, 2005 those present have voted in the affirm- (1) welcomes the opportunity for the Re- only towards completion of its transi- ative. public of Albania to demonstrate its willing- tion to democracy, but in preparing for Mr. SMITH of New Jersey. Mr. ness and preparedness to take the next steps integration into European and Euro- Speaker, on that I demand the yeas in European and Euro-Atlantic integration Atlantic institutions. by holding parliamentary elections on July and nays. 3, 2005, that meet the Organization for Secu- There is good reason to remain con- The yeas and nays were ordered. rity and Cooperation in Europe (OSCE) cerned, however, that the elections will The SPEAKER pro tempore. Pursu- standards for free and fair elections as de- fall short of international standards. ant to clause 8 of rule XX and the fined in the 1990 Copenhagen Document; The good things that have been adopt- Chair’s prior announcement, further (2) firmly believes that the citizens of Al- ed, such as the Code of Conduct adopt- proceedings on this motion will be bania, like all people, should be able to ed by key political parties, may not be postponed. choose their own representatives in par- carried out. The OSCE’s election ob- liament and government in free and fair server mission has reported receiving f elections, and to hold these representatives accountable through elections at reasonable an increased number of allegations of URGING ALBANIA TO ENSURE legal misuse of state resources and per- ELECTIONS TO BE HELD ON intervals; (3) supports commitments by Albanian po- sonnel for campaign purposes. If found JULY 3, 2005, ARE IN ACCORD- litical parties to adhere to a basic code of to be true, those engaged in this activ- ANCE WITH INTERNATIONAL conduct for campaigning and urges such parity would be responsible for what STANDARDS FOR FREE AND ties and all election officials in Albania to would be regarded as a tremendous set- FAIR ELECTIONS adhere to laws relating to the elections, and back for the country. Mr. SMITH of New Jersey. Mr. to conduct their activities in an impartial Hopefully, by passing this resolution, and transparent manner, by allowing inter- we can encourage Albanian authorities Speaker, I move to suspend the rules national and domestic observers to have un- and agree to the concurrent resolution obstructed access to all aspects of the elec- to respect the rule of law, to abide by (H. Con. Res. 155) urging the Govern- tion process, including public campaign their Code of Conduct, and respect the ment of the Republic of Albania to en- events, candidates, news media, voting, and results of the upcoming election. When sure that the parliamentary elections post-election tabulation of results and proc- my colleague, the gentleman from New to be held on July 3, 2005, are con- essing of election challenges and complaints; York (Mr. ENGEL), and I first intro- ducted in accordance with inter- (4) supports assistance by the United duced this resolution, it was with the national standards for free and fair States to help the people of Albania estab- expectation the U.S. Congress could lish a fully free and open democratic system, constructively make a difference by elections. a prosperous free market economy, and its The Clerk read as follows: rightful place in European and Euro-Atlantic calling on the authorities, political H. CON. RES. 155 institutions, including the North Atlantic parties, and others to do the right Whereas the United States maintains Treaty Organization (NATO); and thing so that the real winners in the strong and friendly relations with the Re- (5) encourages the President to commu- elections will be the people of Albania public of Albania and appreciates the ongo- nicate to the Government of Albania, to all who make the effort to vote. ing support of the people of Albania; political parties and candidates, and to the Finally, I am hopeful these elections Whereas the President of Albania has people of Albania the high importance at- will meet international standards, be- called for elections to Albania’s parliament, tached by the Government of the United cause that is one of the first steps Al- known as the People’s Assembly, to be held States to this parliamentary election as a central factor in determining the future re- bania will need to take on the path to on July 3, 2005; full Euro-Atlantic integration. Whereas Albania is one of 55 participating lationship between the United States and Al- States in the Organization for Security and bania. The new Albanian government will Cooperation in Europe (OSCE), all of which The SPEAKER pro tempore. Pursu- also need to tackle problems relating have adopted the 1990 Copenhagen Document ant to the rule, the gentleman from to official corruption and organized containing specific commitments relating to New Jersey (Mr. SMITH) and the gen- crime. Fortunately, beyond a good the conduct of elections; tleman from California (Mr. LANTOS) election process, we must see the devel- Whereas these commitments, which en- each will control 20 minutes. opment of civil society in Albania, courage transparency, balance, and impar- The Chair recognizes the gentleman with the youth groups and others tiality in an election process, have become pressing elected officials to address the the standard by which observers determine from New Jersey (Mr. SMITH). whether elections have been conducted free- Mr. SMITH of New Jersey. Mr. every day problems that plague the ly and fairly; Speaker, I yield myself such time as I lives of Albanian citizens. Whereas, though improvements over time may consume. I hope my colleagues will support have been noted, the five multiparty par- Mr. Speaker, 14 years ago, Albania this resolution. liamentary elections held in Albania be- was just emerging from decades of bru- Mr. Speaker, I reserve the balance of tween 1991 and 2001, as well as elections for tal isolation from Europe when they my time. local offices held between and after those held their first genuinely contested Mr. LANTOS. Mr. Speaker, I yield years, fell short of the standards in the Co- elections in 1991. Not surprisingly, they myself such time as I may consume, penhagen Document to varying degrees, ac- fell short of the standards for free and and I rise in strong support of the reso- cording to OSCE and other observers; lution. Whereas with OSCE and other inter- fair elections as defined by the Organi- national assistance, the Government of Alba- zation for Security and Cooperation in Mr. Speaker, I want to commend my nia has improved the country’s electoral and Europe, or OSCE, as did subsequent good friend and colleague, the gen- legal framework and enhanced the capacity elections for parliament and local gov- tleman from New Jersey, (Mr. SMITH), to conduct free and fair elections; ernment. The United States and other and our colleague on the Committee on Whereas subsequent to the calling of elec- friends of Albania, however, remained International Relations, the gentleman tions, Albania’s political parties have ac- engaged with the Albanian people from New York (Mr. ENGEL), for intro- cepted a code of conduct regarding their throughout their turbulent transition. ducing this excellent resolution urging campaign activities, undertaking to act in Today, Albania is at the point where free and fair elections in Albania. I am accordance with the law, to refrain from in- the country can actually hold free and citing violence or hatred in the election pleased to be a cosponsor of the resolu- campaign, and to be transparent in dis- fair elections, something the citizens tion. closing campaign funding; and of that country deeply deserve. Par- Mr. Speaker, it was 15 years ago this Whereas meeting the standards in the Co- liamentary elections have been sched- month that I had the privilege of being penhagen Document for free and fair elec- uled, as Members of this House know, the first American Government official tions is absolutely essential to Albania’s de- for July 3, and the campaign period is to set foot in Albania after a 44-year sired integration into European and Euro- well underway. Staff in the U.S. Hel- hiatus. At that time, Albania was tak- Atlantic institutions, including full member- sinki Commission, which I co-chair, ing its first halting steps to end a half ship in the North Atlantic Treaty Organiza- will be serving on the international ob- tion (NATO), as well as to Albania’s progress a century of Communist dictatorship in addressing official corruption and combat- servation mission. Albania has come and self-imposed international isola- ting organized crime: Now, therefore, be it far in reforming its election process tion. Resolved by the House of Representatives (the and through these elections has the op- Wherever I traveled throughout the Senate concurring), That Congress— portunity to jump a major hurdle not country, from formal meetings with

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.056 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5215 top government officials to casual I thank the gentleman from Cali- dedicated to safe, free, and open democracy chats with students at the University fornia (Mr. LANTOS) for this partner- in Albania and the region. It will let the people of Tirana, crowds of Albanians gath- ship resolution, as well as the gen- of Albania know that we are at their side as ered, looking on curiously and appre- tleman from New York (Mr. ENGEL) they strive for a more free and open society. hensively, but hopefully. They were and the gentleman from Virginia (Mr. As the nation of Albania approaches its July anxious to join the world community, WOLF), and others. We had 27 cospon- 3rd parliamentary elections we must stand but they were fearful of the con- sors of this resolution. steadfast in our support of free, fair, and trans- sequences of transforming the political Last July in the Commission on Se- parent elections. As a participating member of and economic system that they knew, curity Cooperation in Europe, we held the Organization for Security and Cooperation despite its profound failings. a hearing in Albania. We heard from a in Europe and a signatory of the 1990 Copen- number of important and prominent b 1630 hagen Document containing specific commit- witness, including representatives of ments relating to the conduct of elections, Al- Since 1990, Albania has worked with MJAFT! which is the youth organiza- bania must maintain its commitment to these the United States and has participated tion that is doing some important pio- democratic ideals. Indeed, the Copenhagen in NATO’s Partnership for Peace pro- neering and important work in Albania Document, which encourages transparency, gram. The Albanian Government has today. I want to thank them for their balance, and impartiality in the election proc- made it clear that it is very anxious to work as well. ess, is so sound that it has become the stand- join NATO and to strengthen its rela- Mr. ENGEL. Mr. Speaker, I rise in strong ard by which elections are judged. tions with our Nation. Albania has in- support of H. Con. Res. 155, urging Albania to Although Albanian democracy has strength- dicated its desire to become a full hold its July 3 parliamentary elections in ac- ened over the past several years, it has none- member of the European Union with all cordance with international standards. I would theless failed to live up to the standards of the of the economic and political obliga- also like to thank the lead sponsor, CHRIS Copenhagen Document. Over the past 10 tions that that implies. SMITH, for his work on this legislation. These years, Albanian elections have not been as Albania’s road to democracy and full elections are not only important as Albania free, fair, and open as the Albanian people de- international participation has not works to develop its democratic system, but serve. As nations around Europe and the been easy. The country’s parliamen- they will set the tone for the Balkan nation in world have made considerable strides towards tary and local elections during the the months and years ahead. democracy, meeting the standards in the Co- 1990s were marred by electoral irreg- The United States and Albania have strong penhagen Document for free and fair elections ularities and fraud. This hampered its ties that go well beyond government relations. is absolutely essential to Albania’s desired in- desire for closer links with the Euro- For that reason, we believe it is very important tegration into Euro-Atlantic institutions, includ- Atlantic community. to support the people of Albania and their right ing membership in the North Atlantic Treaty The Albanian election now scheduled to choose their elected representatives freely Organization, NATO. Additionally, transparent for July 3 provides a new opportunity and fairly. democratic elections will inexorably lead to a for the people of Albania to dem- In the 15 years since Albania’s brutal com- more free and open society and government onstrate their readiness for closer ties munist dictatorship came to an end, the coun- able to combat Albania’s problems with orga- with the United States and the demo- try has struggled in its transition. While some nized crime. cratic nations of Europe. elections have been problematic, there have The Republic of Albania must demonstrate I have been encouraged by the com- been improvements over time, and now the its willingness and preparedness to take the mitment of Albania’s leaders, Prime country has a real chance to achieve the next steps towards strong and stable democ- Minister Fatos Nano of the Socialist same international election standards that the racy. This can only be achieved when the Party, and former President Sali United States, Canada and all of Europe people of Albania choose their own represent- Berisha of the Democratic Party, to adopted in 1990. Between now and election atives in parliament in free and fair elections. see that this election will meet inter- day, the real issue is whether the authorities, The Albanian government, political parties, national standards for free, fair, open, political parties and other stakeholders have and politicians must conduct this election in and democratic elections. the will to abide by the laws, regulations and adherence to the laws that regulate all free The July 3 election is one of the most a code of conduct. The active U.S. congres- and fair elections; transparency, free press, important in Albania since the end of sional interest expressed in this resolution can and unfettered access to electoral procedures the Communist era. The United States encourage all involved to do the right thing. by international and domestic observers. and the international community will A good election process will have enormous I commend all the Albanian political parties be watching this election very care- benefits for Albania. Domestically, it will en- for their commitment to adhere to campaign fully to determine whether Albania able the next government to take stronger and election laws. If Albania is to become an truly meets international standards. measures to address the official corruption active member of both the European and For Albania to make the progress that and combat the organized crime which to- Euro-Atlantic community it must conduct elec- it seeks in becoming a full member of gether thwart stronger economic recovery. tions that meet international standards. Failure the Euro-Atlantic community within Internationally, it will enable Albania to take to meet these requirements could have disas- NATO and the European Union, these the next steps to joining NATO and the Euro- trous effects. Europe and the United States elections must be free and fair beyond pean Union. Supporting Albanian elections must play an active role in helping Albania a doubt. today will only strengthen our relations in the move towards stable, transparent, and free Our resolution expresses the support future. democracy. This legislation will take a great of the Congress and the American peo- I will be in Albania for the July 3rd elections step towards that goal. ple for open and democratic elections and will lead a National Albanian American Mr. SMITH of New Jersey. Mr. in Albania. It also urges our President Council delegation which will monitor that the Speaker, I yield back the balance of to express to the people and the polit- polling and counting will be done in accord- my time. ical leadership of Albania the great im- ance with international standards. This resolu- The SPEAKER pro tempore (Mr. portance our Nation attaches to the tion will help make the case for a good elec- ISSA). The question is on the motion of- July 3 elections. It is certainly accu- tion. fered by the gentleman from New Jer- rate to say that the way the upcoming As the lead Democratic sponsor of this res- sey (Mr. SMITH) that the House suspend Albanian elections are conducted will olution, I urge my colleagues to support H. the rules and agree to the concurrent be a central factor in determining the Con. Res. 155. resolution, H. Con. Res. 155. future relationship between the United Ms. JACKSON-LEE of Texas. Mr. Speaker, The question was taken. States and Albania. I rise today in strong support of this resolution The SPEAKER pro tempore. In the Mr. Speaker, I urge all of my col- urging the Government of the Republic of Al- opinion of the Chair, two-thirds of leagues to support this resolution. bania to ensure that the parliamentary elec- those present have voted in the affirm- Mr. Speaker, I yield back the balance tions to be held on July 3, 2005, are con- ative. of my time. ducted in accordance with international stand- Mr. SMITH of New Jersey. Mr. Mr. SMITH of New Jersey. Mr. ards for free and fair elections. This is an im- Speaker, on that I demand the yeas Speaker, I yield myself 1 minute to portant piece of legislation that will notify the and nays. conclude. people of Albania that the United States is The yeas and nays were ordered.

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.059 H27PT1 H5216 CONGRESSIONAL RECORD — HOUSE June 27, 2005 The SPEAKER pro tempore. Pursu- appropriate format. Members are also Mr. PETRI, Wisconsin, Chairman, ant to clause 8 of rule XX and the advised to check with the Office of the Mr. BOOZMAN, Arkansas, Vice Chair- Chair’s prior announcement, further Parliamentarian to be certain their man. proceedings on this motion will be amendments comply with the rules of f postponed. the House. f f ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE GENERAL LEAVE REPORT ON RESOLUTION PRO- VIDING FOR CONSIDERATION OF The SPEAKER pro tempore. Pursu- Mr. SMITH of New Jersey. Mr. H.R. 3057, FOREIGN OPERATIONS, ant to clause 8 of rule XX, proceedings Speaker, I ask unanimous consent that EXPORT FINANCING, AND RE- will resume on motions to suspend the all Members may have 5 legislative LATED PROGRAMS APPROPRIA- rules previously postponed. days within which to revise and extend TIONS ACT, 2006 Votes will be taken in the following their remarks and include extraneous order: Mrs. CAPITO, from the Committee material on H. Con. Res. 155. H. Res. 199, by the yeas and nays; on Rules, submitted a privileged report The SPEAKER pro tempore. Is there H. Con. Res. 155, by the yeas and (Rept. No. 109–155) on the resolution (H. objection to the request of the gen- nays. Res. 341) providing for consideration of tleman from New Jersey? Proceedings on H.R. 458 will resume the bill (H.R. 3057) making appropria- There was no objection. on a later day. f tions for foreign operations, export financing, and related programs for the f RECESS fiscal year ending September 30, 2006, EXPRESSING THE SENSE OF THE and for other purposes, which was re- The SPEAKER pro tempore. Pursu- HOUSE REGARDING THE MAS- ferred to the House Calendar and or- ant to clause 12(a) of rule I, the Chair SACRE AT SREBENICA IN JULY dered to be printed. declares the House in recess until ap- 1995 proximately 6:30 p.m. today. f The SPEAKER pro tempore. The Accordingly (at 4 o’clock and 35 min- PERSONAL EXPLANATION utes p.m.), the House stood in recess pending business is the question of sus- until approximately 6:30 p.m. Mrs. CAPITO. Mr. Speaker, due to pending the rules and agreeing to the my attendance at a meeting with resolution, H. Res. 199, as amended. f BRAC Commissioner Chairman An- The Clerk read the title of the resolu- b 1833 thony Principi at the 130th Airlift tion. AFTER RECESS Wing of the West Virginia Air National The SPEAKER pro tempore. The Guard in my district, I missed roll call question is on the motion offered by The recess having expired, the House votes 308 through 321 on June 24. the gentleman from New Jersey (Mr. was called to order by the Speaker pro Had I been present, I would have SMITH) that the House suspend the tempore (Mr. LAHOOD) at 6 o’clock and voted as follows: rules and agree to the resolution, H. 33 minutes p.m. Rollcall 308, no; rollcall 309, yes; roll- Res. 199, as amended, on which the yeas f call 310, no; rollcall 311, yes; rollcall and nays are ordered. ANNOUNCEMENT BY THE COM- 312, yes; rollcall 313, no; rollcall 314, no; The vote was taken by electronic de- MITTEE ON RULES REGARDING rollcall 315, yes; rollcall 316, yes; roll- vice, and there were—yeas 370, nays 1, AMENDMENTS TO H.R. 2864, call 317, no; rollcall 318, no; rollcall 319, not voting 62, as follows: WATER RESOURCES DEVELOP- no; rollcall 320, no; rollcall 321, yes. [Roll No. 322] MENT ACT OF 2005 f YEAS—370 Mrs. CAPITO. Mr. Speaker, the Com- REPORT ON RESOLUTION PRO- Ackerman Brown-Waite, Deal (GA) VIDING FOR CONSIDERATION OF Aderholt Ginny DeFazio mittee on Rules has announced that it Akin Burgess DeGette may meet this week to grant a rule H.R. 3058, TRANSPORTATION, Alexander Butterfield Delahunt which could limit the amendment proc- TREASURY, HOUSING AND Allen Buyer DeLauro URBAN DEVELOPMENT, THE JU- Andrews Calvert DeLay ess for floor consideration of H.R. 2864, Camp Dent DICIARY, THE DISTRICT OF CO- Baca the Water Resources Development Act Bachus Cannon Dicks of 2005. The Committee on Transpor- LUMBIA, AND INDEPENDENT Baird Cantor Dingell tation and Infrastructure ordered the AGENCIES APPROPRIATIONS Baker Capito Doggett ACT, 2006 Baldwin Capps Doolittle bill reported on June 22, 2005 and filed Barrett (SC) Capuano Doyle its report with the House on June 24, Mrs. CAPITO, from the Committee Barrow Cardoza Drake 2005. Bartlett (MD) Carnahan Dreier on Rules, submitted a privileged report Carter Duncan Any Member wishing to offer an (Rept. No. 109–156) on the resolution (H. Barton (TX) Bass Case Edwards Castle Ehlers amendment should submit 55 copies of Res. 342) providing for consideration of Bean Chabot Emanuel the amendment and one copy of a brief the bill (H.R. 3058) making appropria- Beauprez Chandler Emerson Becerra explanation of the amendment to the tions for the Departments of Transpor- Chocola Engel Berkley Committee on Rules in Room H–312 of tation, Treasury, and Housing and Clay English (PA) Berman Cleaver Eshoo the Capitol by 11 a.m. on Wednesday, Urban Development, the Judiciary, Berry June 29, 2005. Members should draft Clyburn Evans District of Columbia, and independent Biggert Coble Everett their amendments to the text of the agencies for the fiscal year ending Sep- Bilirakis Cole (OK) Farr bill as reported by the Committee on tember 30, 2006, and for other purposes, Bishop (GA) Conaway Feeney Bishop (UT) Transportation and Infrastructure. which was referred to the House Cal- Conyers Ferguson Blackburn Cooper Fitzpatrick (PA) Members are reminded that earlier in endar and ordered to be printed. Blumenauer Costa Flake the year the Committee on Transpor- f Blunt Costello Foley tation and Infrastructure set forth a Boehner Cox Forbes specific process regarding the submis- APPOINTMENT OF MEMBERS TO Bonilla Cramer Fortenberry BRITISH-AMERICAN INTER- Bonner Crenshaw Foxx sion of projects for inclusion in the Bono Crowley Frank (MA) Water Resources Development Act. The PARLIAMENTARY GROUP Boozman Cubin Franks (AZ) Rules Committee does not intend to ac- The SPEAKER pro tempore. Pursu- Boren Cuellar Frelinghuysen Boswell Cummings Gallegly cord priority to amendments that have ant to 22 U.S.C. 276l, and the order of Boucher Cunningham Garrett (NJ) not gone through the aforementioned the House of January 4, 2005, the Chair Boustany Davis (AL) Gerlach process. announces the Speaker’s appointment Boyd Davis (CA) Gibbons Members should use the Office of of the following Members of the House Bradley (NH) Davis (IL) Gilchrest Brady (TX) Davis (KY) Gillmor Legislative Counsel to ensure that to the British-American Inter- Brown (OH) Davis (TN) Gingrey their amendments are drafted in the parliamentary Group: Brown (SC) Davis, Jo Ann Gohmert

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.062 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5217 Goode Matheson Ros-Lehtinen LaTourette Rohrabacher Strickland Drake Larson (CT) Putnam Goodlatte McCarthy Rothman Matsui Ross Sweeney Dreier Latham Radanovich Granger McCaul (TX) Roybal-Allard McHugh Ruppersberger Taylor (MS) Duncan Leach Ramstad Graves McCollum (MN) Royce Michaud Shimkus Terry Edwards Lee Rangel Green, Al McCotter Rush Oxley Simpson Turner Ehlers Levin Regula Green, Gene McCrery Ryan (OH) Payne Slaughter Walden (OR) Emanuel Lewis (CA) Rehberg Grijalva McDermott Ryan (WI) Pryce (OH) Sodrel Weiner Emerson Lewis (GA) Reichert Gutknecht McGovern Ryun (KS) Rahall Souder Young (FL) Engel Lewis (KY) Renzi Hall McHenry Sabo Reynolds Stark English (PA) Linder Reyes Harman McIntyre Salazar Eshoo Lipinski Rogers (AL) Hart McKeon Sa´ nchez, Linda b 1856 Evans LoBiondo Rogers (KY) Hastings (FL) McKinney T. Everett Lofgren, Zoe Rogers (MI) Hastings (WA) McMorris Sanchez, Loretta Mrs. NAPOLITANO changed her vote Farr Lowey Ros-Lehtinen Hayes McNulty Sanders from ‘‘nay’’ to ‘‘yea.’’ Feeney Lucas Rothman Hayworth Meehan Saxton So (two thirds having voted in favor Ferguson Lungren, Daniel Roybal-Allard Hefley Meek (FL) Schakowsky thereof) the rules were suspended and Fitzpatrick (PA) E. Royce Hensarling Meeks (NY) Schiff Flake Lynch Rush Herger Melancon Schwartz (PA) the resolution, as amended, was agreed Foley Mack Ryan (OH) Herseth Menendez Schwarz (MI) to. Forbes Maloney Ryan (WI) Hinchey Mica Scott (GA) The result of the vote was announced Fortenberry Manzullo Ryun (KS) Hinojosa Millender- Foxx Marchant Sabo Scott (VA) as above recorded. Hoekstra McDonald Sensenbrenner Frank (MA) Markey Salazar Holden Miller (FL) Serrano A motion to reconsider was laid on Franks (AZ) Marshall Sa´ nchez, Linda Holt Miller (MI) Sessions the table. Frelinghuysen Matheson T. Hooley Miller (NC) Shadegg Stated for: Gallegly McCarthy Sanchez, Loretta Hostettler Miller, Gary Shaw Garrett (NJ) McCaul (TX) Sanders Hoyer Miller, George Shays Mr. FILNER. Mr. Speaker, on rollcall No. Gerlach McCollum (MN) Saxton Hulshof Mollohan Sherman 322, on H. Res. 199, I was in my Congres- Gibbons McCotter Schakowsky Hyde Moore (KS) Sherwood Gilchrest McCrery Schiff Inglis (SC) Moore (WI) sional District on official business. Had I been Gillmor McDermott Schwartz (PA) Shuster present, I would have voted ‘‘yea.’’ Inslee Moran (KS) Simmons Gingrey McGovern Schwarz (MI) Issa Moran (VA) Gohmert Skelton McHenry Scott (GA) Jackson (IL) Murphy f Goode McIntyre Scott (VA) Smith (NJ) Jackson-Lee Murtha Goodlatte McKeon Sensenbrenner Smith (TX) (TX) Musgrave URGING ALBANIA TO ENSURE Granger McKinney Serrano Smith (WA) Jindal Myrick ELECTIONS TO BE HELD ON Graves McMorris Sessions Snyder Johnson (CT) Nadler Green (WI) McNulty Shadegg Solis JULY 3, 2005, ARE IN ACCORD- Johnson (IL) Napolitano Green, Al Meehan Shaw Spratt Johnson, E. B. Neal (MA) ANCE WITH INTERNATIONAL Green, Gene Meek (FL) Shays Stearns Johnson, Sam Neugebauer STANDARDS FOR FREE AND Grijalva Meeks (NY) Sherman Stupak Jones (NC) Ney Gutknecht Melancon Sherwood Sullivan FAIR ELECTIONS Kanjorski Northup Hall Menendez Shuster Tancredo Kaptur Norwood The SPEAKER pro tempore (Mr. Harman Mica Simmons Tanner Keller Nunes EARCE Hart Millender- Skelton Tauscher P ). The pending business is the Kelly Nussle question of suspending the rules and Hastings (FL) McDonald Smith (NJ) Kennedy (MN) Oberstar Taylor (NC) Hastings (WA) Miller (FL) Smith (TX) Kennedy (RI) Obey Thomas agreeing to the concurrent resolution, Hayes Miller (MI) Smith (WA) Kildee Olver Thompson (CA) H. Con. Res. 155. Hayworth Miller (NC) Snyder Kind Ortiz Thompson (MS) The Clerk read the title of the con- Hefley Miller, Gary Solis King (IA) Osborne Thornberry Hensarling Miller, George Spratt King (NY) Otter Tiahrt current resolution. Herger Mollohan Stearns Kline Owens Tiberi The SPEAKER pro tempore. The Herseth Moore (KS) Stupak Knollenberg Pallone Tierney question is on the motion offered by Hinchey Moore (WI) Sullivan Towns Kolbe Pascrell the gentleman from New Jersey (Mr. Hinojosa Moran (KS) Tancredo Kuhl (NY) Pastor Udall (CO) Hoekstra Moran (VA) Tanner LaHood Pearce Udall (NM) SMITH) that the House suspend the Holden Murphy Tauscher Langevin Pelosi Upton rules and agree to the concurrent reso- Holt Musgrave Taylor (NC) Lantos Pence Van Hollen lution, H. Con. Res. 155, on which the Hooley Myrick Thomas Larsen (WA) Peterson (MN) Vela´ zquez Hostettler Nadler Thompson (CA) Larson (CT) Peterson (PA) Visclosky yeas and nays are ordered. Hoyer Napolitano Thompson (MS) Latham Petri Walsh The vote was taken by electronic de- Hulshof Neal (MA) Thornberry Leach Pickering Wamp vice, and there were—yeas 369, nays 1, Hyde Neugebauer Tiahrt Lee Pitts Wasserman not voting 63, as follows: Inglis (SC) Ney Tiberi Levin Platts Schultz Inslee Northup Tierney Lewis (CA) Poe Waters [Roll No. 323] Issa Norwood Towns Lewis (GA) Pombo Watson YEAS—369 Jackson (IL) Nunes Udall (CO) Lewis (KY) Pomeroy Watt Jackson-Lee Nussle Udall (NM) Linder Porter Waxman Ackerman Boozman Coble (TX) Oberstar Upton Lipinski Price (GA) Weldon (FL) Aderholt Boren Cole (OK) Jindal Obey Van Hollen LoBiondo Price (NC) Weldon (PA) Akin Boswell Conaway Johnson (CT) Olver Vela´ zquez Lofgren, Zoe Putnam Weller Alexander Boucher Conyers Johnson (IL) Ortiz Visclosky Lowey Radanovich Westmoreland Allen Boustany Cooper Johnson, E. B. Osborne Walsh Lucas Ramstad Wexler Andrews Boyd Costa Johnson, Sam Otter Wamp Lungren, Daniel Rangel Whitfield Baca Bradley (NH) Costello Jones (NC) Owens Wasserman E. Regula Wicker Bachus Brady (TX) Cox Kanjorski Pallone Schultz Lynch Rehberg Wilson (NM) Baird Brown (OH) Cramer Kaptur Pascrell Waters Mack Reichert Wilson (SC) Baker Brown (SC) Crenshaw Keller Pastor Watson Maloney Renzi Wolf Baldwin Brown-Waite, Crowley Kelly Pearce Watt Manzullo Reyes Woolsey Barrett (SC) Ginny Cubin Kennedy (MN) Pelosi Waxman Marchant Rogers (AL) Wu Barrow Burgess Cuellar Kennedy (RI) Pence Weldon (FL) Markey Rogers (KY) Wynn Bartlett (MD) Butterfield Cummings Kildee Peterson (MN) Weldon (PA) Marshall Rogers (MI) Young (AK) Barton (TX) Buyer Cunningham Kind Peterson (PA) Weller Bass Calvert Davis (AL) King (IA) Petri Westmoreland NAYS—1 Bean Camp Davis (CA) King (NY) Pickering Wexler Beauprez Cannon Davis (IL) Paul Kline Pitts Whitfield Becerra Cantor Davis (KY) Knollenberg Platts Wicker Berkley Capito Davis (TN) NOT VOTING—62 Kolbe Poe Wilson (NM) Berman Capps Davis, Jo Ann Kuhl (NY) Pombo Wilson (SC) Abercrombie Diaz-Balart, M. Hobson Berry Capuano Deal (GA) LaHood Pomeroy Wolf Bishop (NY) Etheridge Honda Biggert Cardoza DeFazio Langevin Porter Woolsey Boehlert Fattah Hunter Bilirakis Carnahan DeGette Lantos Price (GA) Wu Brady (PA) Filner Israel Bishop (GA) Carter Delahunt Larsen (WA) Price (NC) Young (AK) Brown, Corrine Ford Istook Bishop (UT) Case DeLauro Burton (IN) Fossella Jefferson Blackburn Castle DeLay NAYS—1 Cardin Gonzalez Jenkins Blumenauer Chabot Dent Carson Gordon Jones (OH) Blunt Chandler Dicks Paul Culberson Green (WI) Kilpatrick (MI) Boehner Chocola Dingell Davis (FL) Gutierrez Kingston Bonilla Clay Doggett NOT VOTING—63 Davis, Tom Harris Kirk Bonner Cleaver Doolittle Abercrombie Boehlert Brown, Corrine Diaz-Balart, L. Higgins Kucinich Bono Clyburn Doyle Bishop (NY) Brady (PA) Burton (IN)

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.044 H27PT1 H5218 CONGRESSIONAL RECORD — HOUSE June 27, 2005 Cardin Hunter Reynolds 1995) and H. Con. Res. 155 (Urging the Gov- the House for 1 minute and to revise Carson Israel Rohrabacher Culberson Istook Ross ernment of the Republic of Albania to ensure and extend her remarks.) Davis (FL) Jefferson Ruppersberger that the parliamentary elections to be held July Ms. JACKSON-LEE of Texas. Mr. Davis, Tom Jenkins Shimkus 3, 2005, are conducted in accordance with Speaker, the Supreme Court acted Diaz-Balart, L. Jones (OH) Simpson international standards for free and fair elec- today, but if any of us want to know Diaz-Balart, M. Kilpatrick (MI) Slaughter Etheridge Kingston Sodrel tions). I was giving a presentation on the what real religious freedom and reli- Fattah Kirk Souder 179th Airlift Wing of the Ohio National Guard gious liberty is all about, I rise today Filner Kucinich Stark in Mansfield, OH at the Base Realignment and to pay tribute to the Reverend Billy Ford LaTourette Strickland Closure Commission hearing in Buffalo, New Graham. Fossella Matsui Sweeney Gonzalez McHugh Taylor (MS) York. Had I been present for the votes I would Though many have said that the se- Gordon Michaud Terry have voted ‘‘yea’’ for both measures. ries of evangelistic sermons this past Gutierrez Murtha Turner f weekend in New York may be his last, Harris Oxley Walden (OR) Higgins Payne Weiner PERSONAL EXPLANATION he is a symbol of what America stands Hobson Pryce (OH) Wynn for and appreciates in freedom of reli- Honda Rahall Young (FL) Mr. GUTIERREZ. Mr. Speaker, I was un- gion. He spoke to all people. avoidably absent from this Chamber today. I I understand that in the early 1960s b 1915 would like the RECORD to show that, had I when it was not appropriate, he invited So (two-thirds having voted in favor been present, I would have voted ‘‘yea’’ on Dr. Martin Luther King to open one of thereof) the rules were suspended and rollcall votes 322 and 323. his evangelistic meetings. He came to the concurrent resolution was agreed f Nashville, Tennessee when it was not to. PRIVATE PROPERTY RIGHTS popular to do so. The result of the vote was announced (Mr. PRICE of Georgia asked and was In his audience of thousands and as above recorded. thousands over the weekend, we saw A motion to reconsider was laid on given permission to address the House for 1 minute and to revise and extend the faces of America, many colors, the table. his remarks.) many different persons, many eco- Stated for: Mr. PRICE of Georgia. Mr. Speaker, nomic conditions. They came to hear Mr. FILNER. Mr. Speaker, on rollcall No. the fifth amendment to the Constitu- the gospel said in an open and free soci- 323, on H. Con. Res. 155, I was in my Con- tion states that ‘‘No person shall be de- ety. gressional District on official business. Had I prived of life, liberty, or property with- He pushes no agenda. He does not ask been present, I would have voted ‘‘yea.’’ out due process of law, nor shall pri- for the Ten Commandments to be f vate property be taken for public use placed in any place; but, he says, if you without just compensation.’’ believe, then you should accept. That PERSONAL EXPLANATION However, that was then. is what true religious freedom and lib- Ms. MATSUI. Mr. Speaker, I was absent on Thanks to the recent Supreme Court erty are all about. Monday, June 27th and missed the rollcall ruling on eminent domain, the fifth That is why I am glad to be an Amer- votes ordered. Had I been present, I would amendment has been vastly expanded. ican and believe in the first amend- have voted as noted below: As one Supreme Court Justice stated ment. I salute the Reverend Billy Rollcall vote 322: ‘‘yea’’; rollcall vote 323: in the dissent, ‘‘Nothing is to prevent Graham, a great American and a great ‘‘yea’’. the State from replacing a Motel 6 with patriot. a Ritz Carlton, any home with a shop- f f ping mall, or any farm with a factory.’’ PERSONAL EXPLANATION Property rights? There is nothing SHEDDING LIGHT ON THE right about this decision. Now, tax rev- SUPREME COURT Mr. BURTON of Indiana. Mr. Speaker, due enues are more important than neigh- (Mr. GOHMERT asked and was given to illness I was regrettably delayed in my re- borhoods. permission to address the House for 1 turn to Washington, DC, and therefore unable Mr. Speaker, with this decision, the minute and to revise and extend his re- to be on the House floor for rollcall votes 322 rights of our citizens are now com- marks.) and 323. Had I been here I would have voted peting with tax revenue and private de- Mr. GOHMERT. Mr. Speaker, with ‘‘yea’’ for rollcall vote 323, and ‘‘yea’’ with res- velopments. The Constitution is meant the Supreme Court’s decision regarding ervation for rollcall vote 322 on House Resolu- to protect the rights of our citizens, the Ten Commandments, they basi- tion 199, which expresses the sense of the not compete with the bottom line. cally ruled as they had inferred, during House of Representatives regarding the mas- What is clear at this moment is that oral arguments, as I witnessed them sacre at Srebrenica in July 1995. the Supreme Court has thrown the pro- personally, in their chamber. They f tection of individual property rights made fairly clear through their opinion right out the window. These Justices PERSONAL EXPLANATION that the only way the Ten Command- need to be reined back in by both State ments are supposed to be displayed is if Ms. KILPATRICK of Michigan. Mr. Speaker, action and loud condemnation of this it is done in such a way as to render personal business prevents me from being outrageous finding. them completely meaningless. present for legislative business scheduled for Public use has been redefined so boldly by Now, they just seem to have forgot- today, Monday, June 27, 2005. Had I been this Supreme Court decision that it’s no won- ten the fact that when the Founders present, I would have voted ‘‘yea’’ on H. Res. der citizens are concerned about their homes and writers of the Constitution were 199, a resolution expressing the sense of the and property. alive, Old Testament scriptures, in- In the short term, all states are encouraged House regarding the massacre at Srebrenica cluding the Ten Commandments, were to adopt strict and narrow definitions of ‘‘public in July 1995 (Rollcall No. 322); and ‘‘yea’’ on frequently cited as a basis for laws use.’’ H. Con. Res. 155, a resolution urging the Gov- being passed. Now, the majority has be- ernment of the Republic of Albania to ensure In the long term, we in Congress must determine whether more clarity needs to be come wise in their own eyes to the det- that the parliamentary elections to be held on riment of the country, but it is only July 3, 2005, are conducted in accordance brought to the court on this matter. Remember Jefferson’s principle: ‘‘The true when the Ten Commandments are ren- with international standards for free and fair foundation of republican government is the dered completely meaningless that you elections (Rollcall No. 323). equal right of every citizen in his person and can come out with a decision like we f property and in their management.’’—Thomas had the last 2 weeks where a city is allowed to take someone’s property just PERSONAL EXPLANATION Jefferson to Samuel Kercheval, 1816. f because they think somebody may Mr. OXLEY. Mr. Speaker, I was unavoidably build a bigger, better, more expensive absent from the House floor during rollcall TRIBUTE TO REVEREND BILLY house; they can get more tax dollars. votes on H. Res. 199 (Expressing the sense GRAHAM We need to shed some light in the of the United States House of Representatives (Ms. JACKSON-LEE of Texas asked windowless ivory tower in which these regarding the massacre at Srebrenica in July and was given permission to address decisions have been made.

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.046 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5219 SPECIAL ORDERS ‘‘Yet more than 2 years into the war, Frankfurt, Germany and at one of my The SPEAKER pro tempore (Mr. efforts by United States military units pharmacies in Rochester, Minnesota: PEARCE). Under the Speaker’s an- to obtain large numbers of these Nexium, for $60.25 in Germany; $145.33 nounced policy of January 4, 2005, and stronger vehicles for soldiers have fal- in the United States. under a previous order of the House, tered, even as the Pentagon’s program b 1930 to armor Humvees continues to be the following Members will be recog- Norvasc, $19.31 in Germany, $54.83 in nized for 5 minutes each. plagued by delays, an examination by The New York Times has found.’’ the United States. Zyrtec, $34.33 in f And then, the end of last week, we Germany, $73.02. Prevacid, $35.22, SAFER VEHICLES FOR SOLDIERS: had the revelation about the extraor- $146.47. Zocor, $23.83 in Germany, $85.39 A TALE OF DELAYS AND dinary shortages for the Marines. here. The list goes on. These are 10 of GLITCHES Mr. Speaker, I guess I should not be the most commonly prescribed name- brand drugs. The total in Germany, The SPEAKER pro tempore. Under a surprised when we have a Secretary of $455.57. The total here in the United previous order of the House, the gen- Defense who predicted that our troops States, more than double that, at tleman from Oregon (Mr. DEFAZIO) is would be greeted with flowers and $1,040.40. Americans pay 128 percent recognized for 5 minutes. candies and sweets; and that the occu- more for exactly the same drugs made Mr. DEFAZIO. Mr. Speaker, I am pation would last, that we would be in the same plants under the same FDA going to read a bit, which I do not usu- down to 30,000 troops within 2 months approval. and would not be there longer than 5; ally do on the floor, from yesterday’s But many Members ask me, well, New York Times front page, because I that he has been two, four, six, or a how did you become so involved in this think it is so extraordinary and it goes hundred steps all the way along the issue? What made you so passionate? I so much to the incompetence and the way. But to still deny the reality, be- would like to share that story of how I indifference of Donald Rumsfeld and cause he is riding around in an armored got involved in this issue. A number of others in this administration regarding Rhino provided by Halliburton, of our years ago I had a town hall meeting what is going on in Iraq and the lack of troops, the bitter reality of them in and there were some seniors who came protection for our troops. unarmored Humvees, as many Marines to the meetings and they told me about ‘‘When Defense Secretary Donald still are, and we still hear from time to going up to Canada to buy their pre- Rumsfeld visited Iraq last year to tour time of Army units that are out there scription drugs. And to be honest, it the Abu Ghraib Prison camp, military in unarmored Humvees, although they was one of those events where I heard officials did not rely on a government- claim they never go off base anymore; but I did not really listen. And then at issued Humvee to transport him safely and then to hear that State Depart- a subsequent meeting one of the sen- on the ground,’’ not even an armored ment people and Members of Congress iors asked me a very tough question. Humvee, that is my own little addi- get superior vehicles that are not She said, why are we treated like com- tion. ‘‘Instead, they turned to Halli- available to the regular troops, this is mon criminals for going to Canada to burton, the oil services contractor, extraordinary. save some dollars on our prescription which lent the Pentagon a rolling for- More than 2 years into this war, and drugs? Well, I did not have a very good tress of steel called the Rhino Run- now this insurgency, and the Pentagon answer. ner.’’ is focused on Star Wars and other fan- And then a few months later some- Now, no wonder Secretary Rumsfeld tasies; and the troops still lack basics, thing happened that had nothing to do goes to Iraq and says everything is things for which we need no techno- with prescription drugs. The price of going great. He is rolling around in an logical development. The technology live hogs in the United States col- armored fortress of steel provided by exists, the manufacturers exist, but the lapsed. The price of pigs dropped from his former employer. Well, I am sorry, will to purchase those vehicles to pro- about $37 per hundred weight down to the former employer of Vice President tect our troops does not exist in Sec- about $7. It was one of the worst catas- CHENEY, Halliburton, riding around in retary Rumsfeld’s higher echelons of trophes for American pork producers something called a Rhino Runner, the organization. since the Great Depression. And they which is supposed to be able to with- But, again, he is riding around, he did what many constituents do. They stand a thousand-pound bomb. cannot even hear or see the explosions called their Congressman and said, can Now, our troops are out there, some in the Rhino Runner. They probably you not do something about this? And of them in unarmored Humvees that have the music turned up loud and the I said, well, I do not know what I can cannot resist any bomb, bullets, or AC is blasting away, and he does not do. And they said, well, can you not shrapnel; some of them are in armored have the slightest idea where he is. But somehow at least stop all these Cana- Humvees which can resist between 4- the troops sure know where they are; dian pigs from coming into our market, and 8-pound bombs, but then there are they sure do. making our supply-demand situation other options out there. Mr. Speaker, it is time for this em- even worse? Is not there something you Back to the New York Times: ‘‘State barrassment to end. He should have can do about that, Congressman? Department officials traveling in Iraq gone long ago, he should go now, and it So I called the Secretary of Agri- use armored vehicles that are built is time to start providing the troops culture, I called the Secretary of Com- with V-shaped hulls to better deflect the basics they need to come home merce, and I got essentially the same bullets and bombs. Members of Con- safe. answer. They both said, well, that is gress favor another model called the f called NAFTA. That is called free M1117, which can endure 12-pound ex- trade. We have open markets. And fi- plosives and 50-caliber, armor-piercing THE HIGH COST OF PRESCRIPTION nally, to the Secretary of Commerce I rounds. DRUGS IN THE UNITED STATES said, wait a second; you mean we have ‘‘Unlike the Humvee, the Pentagon’s The SPEAKER pro tempore. Under a open borders when it comes to pork vehicle of choice for American troops, previous order of the House, the gen- bellies but not when it comes to the others were designed from scratch tleman from Minnesota (Mr. GUT- Prilosec? And he sort of laughed on the to withstand attacks in battlefields KNECHT) is recognized for 5 minutes. other end of the phone and said, well, I like Iraq with no safe zones. Last fall, Mr. GUTKNECHT. Mr. Speaker, once guess that is right. And I said, well, for instance, a Rhino traveling the again I rise to talk tonight about the that does not sound right to me. treacherous airport road in Baghdad unfairness of what Americans pay for And so this little pilgrimage started endured a bomb that left a 6-foot-wide prescription drugs compared to what there with the price of pigs. And there crater. The passengers walked away consumers pay around the rest of the is something wrong with a system that unscathed. ‘I have no doubt should I industrialized world. protects the large pharmaceutical com- have been in any other vehicle,’ wrote I have with me again this chart. Let panies, but does nothing to protect our an Army captain, ‘the lone military me just read some of the numbers, the pork producers. And so I began to do passenger, ‘the results would have been difference between the prices for these research and realized how much more catastrophically different.’ drugs at the Metropolitan Pharmacy in Americans pay.

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.068 H27PT1 H5220 CONGRESSIONAL RECORD — HOUSE June 27, 2005 Now, I do not want price controls. In in our community. And it was only a Think about what happened here in fact, I do not want people buying their few months ago that some gangs that D.C. a few years ago. One person, two prescription drugs over the Internet. were caught by our local police, who people with a gun, certainly kept D.C. But I think it should be legal. What I did a great job, traced the guns that and the surrounding area petrified, and really want is American pharmacists these young people had, and they were millions of dollars was lost. to have access to what pharmacists in bought legally in Alabama. And I say Imagine these terrorists. You know, Europe have. It is called parallel trade. that, legally. But, again, if they had people, I think, are starting to become, Because that pharmacist in Frankfurt, tried to buy them in New York, they feel too safe. We know that terrorists Germany can go ahead and order his would have been in the system. They will strike when no one is paying at- drugs from Sweden or Norway or were in the system and basically they tention. And as long as we pay atten- France or Spain, wherever they can would not have been able to buy the tion to detail, we can stop these terror- buy them cheapest. gun if the NICS system had the correct ists from doing bodily harm. No fly, no You see, there was a President by the information in it. buy. name of Ronald Reagan who said that Right now, 25 States have entered I understand that when you look at markets are more powerful than ar- less than 60 percent of the convictions foreign countries, sometimes people mies. And it really is time that we use of why some people should not be able are prosecuted. That would not be the market pressures and market forces to to buy guns. Thirteen States do not list same here in this country. We know help control the runaway prices of pre- domestic violence convictions and re- that there are political reasons why scription drugs. I believe American straining orders. And unfortunately, they might be thrown in jail. We have consumers have a right to that. I be- that was one of the things with Mr. a way of being able to adjudicate that. lieve American consumers have a right Troy, who did the shooting in the par- And also, the list that I chose for this to world-class drugs at world-market ish church. His mother actually had a bill is on a list where people can actu- prices. So I hope Members will join me restraining order on him. ally go to it and get off the list. And I in this great effort to make certain Thirty-three States do not share think that is important because we that we open markets, that we create a mental health records. Now, I know certainly do not want to deny anyone. competitive market so that Americans there is an argument there that we are The three bills that I have introduced can buy Zocor for $30 rather than $85. picking on people with mental health are not going to stop anyone from We are not asking for a free lunch. We problems. That is not it. We are saying being able to buy a gun. Their second are just asking for a fair price. that people that come under adjudica- amendment rights are protected. tion under the system are denied the I made a promise when I came to f right to buy a gun. The privacy issue is Congress that I would reduce gun vio- NICS/GUN SHOW LOOPHOLE/NO kept in place. Mainly, if you are denied lence in this country. But I also am not FLY, NO BUY on a gun, all it does is come up re- here to try and take away the right of The SPEAKER pro tempore (Mr. jected; it does not say for what area anyone to own a gun. That is a per- KUHL of New York). Under a previous that you were rejected. And I think it sonal decision for many of us. order of the House, the gentlewoman is important that we get this bill up on Some of us do not like guns. I used to from New York (Mrs. MCCARTHY) is the system. This way we will be able to do skeet shooting. It was not my sport. recognized for 5 minutes. certainly prevent people that should That is certainly up to me. Yet, I know Mrs. MCCARTHY. Mr. Speaker, many not be able to buy guns, by law under there are many people around this Na- here in this Chamber, each and every the 1968 Gun Control Act, which is only tion that like to go hunting. And we one of us came to Congress to try and enforcing the law that is already on have always said, going back since 1994, make a difference, and each one of us the books. We had terrific bipartisan they will be able to go hunting. We are are trying to make that difference. support in the 107th Congress, and I not trying to take away the right to I came to Congress to try and reduce think it is something that we should be own the gun. But we must enforce the gun violence in this Nation. And many doing to move around. laws that are on the books and make people have heard me talk about this The gun show loophole. I know we this a safer country. for close to 81⁄2 years now. What I want had our battles here on the gun show f to talk about tonight are three pieces loophole, but even information again of legislation that I have and why I feel for post, 9/11, the FBI has found that CLUB GITMO they are so important, especially in the over 40 ‘‘terrorists’’ on the terrorist The SPEAKER pro tempore. Under a climate that we have. watch list have gone into gun shows previous order of the House, the gen- We are post-9/11 now, and I think and been able to buy AK–47s and other tleman from Texas (Mr. POE) is recog- what we need to do is start looking at guns. nized for 5 minutes. our gun laws that are here today and Now, it is common sense that those Mr. POE. Mr. Speaker, this past how we can make this country safer, that go buy a gun, and 13 States have weekend I spent part of the weekend certainly being part of our homeland already passed legislation, it has not down in the Tropics. I went to an is- security. stopped anyone from buying a gun. It land down in the Caribbean. And the One of the bills that I think is prob- has not closed down any gun shows, be- place where I went had an ocean view, ably extremely important is the NICS cause I know that many of our friends and the facility is relatively new. Some Improvement Act. Unfortunately, I had in the Midwest, this is a family week- of the rooms are air-conditioned and a tragedy back in my district going end. They go out and spend a day there some are not. Some of the rooms actu- back 3 years ago, where a person came and that is fine. I do not have a prob- ally would meet ADA standards for the into one of our local churches and lem with that. But I think the major- physically challenged. ended up shooting the priest and a pa- ity of people agree with me, if you are The guests that were there, they rishioner. On further investigation, we going to buy a gun, you need to go were not working. They are standing found out that New York State actu- through a background check. I think around talking. There is a lot of talk- ally had a record where he should not that is the basic law that we could do. ing and I noticed that there are soccer have been able to buy a gun. But being The other thing that really perturbs courts. There are volleyball courts. that they did not give that information me, and by the way this actually goes There is table tennis, and they are to the NICS system, and we all know into my third bill, no fly, no buy list. building a new basketball court. that a computer is only as good as the Right now we have a list, a terrorist I ate lunch, the same meals that the system that has the information in it. list, and they are not allowed to get guests had. The lunch that I had was Now, with that we did legislation, it onto a plane. And yet they can go into marinated chicken with orange sauce, actually passed here in the House by a any gun store, they can go to any gun rice pilaf, steamed vegetables, plenty voice vote, and I think it is important show and are able to buy a gun. I do of rolls and butter. Some of the guests that we get that going again and get not think that makes too much com- that are there have even gained up to 5 that improved. mon sense. We should be stopping these to 10 pounds while being there. And another reason why, many of us people from being able to buy their New medical facilities are there, new are experiencing high volumes of gangs guns. dental facilities. The people that are

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.070 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5221 there average four medical visits a throw urine and feces at our guards. order of the House, the gentlewoman week or, rather, a month. That is more And some of these people want to kill from California (Ms. WOOLSEY) is rec- than most Americans do in a year. Americans. ognized for 5 minutes. The medical personnel there per- The guards, Mr. Speaker, are first Ms. WOOLSEY. Mr. Speaker, I rise in formed 128 surgeries, and no one that class. They are from all branches of the sadness and in frustration over the has been there, of the 700 guests that service. They have tremendous co- news that the Nation finds itself $1 bil- have been there, not one has died from operation with each other, and they lion short of the funding that is needed any cause. In fact, the medical per- make us proud. The accusations of to cover health care for our Nation’s sonnel saved the lives of numerous abuse in a dungeon-like facility do a veterans this year. ones. disservice to these troops and the It is bad enough that next year’s VA They come from all over the world, 24 troops in combat. budget will almost surely be inad- different countries; 520 of them are I had lunch with two of these guards, equate; now we are having trouble pay- there; 2,200 of them have gone back George Telles and Enrique Lopez, Jr., ing for this year’s needs. Just as the ar- home. both Navy sailors that guard cell chitects of our Iraq policy did not have The rooms are very clean. I notice blocks. And they do us a great honor a plan for winning the peace, it appears that there are no Gideon Bibles in any and a service there. that the budget experts in the execu- of the rooms, but every room has a These inmates are not protected by tive branch did not plan for increased Koran. You know, American troops do the Geneva Convention, although we veteran costs associated with the dead- treat them like they are. The Geneva not get U.S.-funded taxpayer Bibles ly foreign war, a preemptive war that Convention says that POWs, to be a overseas. But all these guests get tax- has killed over 1,700 troops and injured real prisoner of war, they must be in a payer-funded Korans. And of course the more than 13,000, a war that will cer- uniform, they must not have concealed staff that is there cannot touch these tainly result in an increased burden on Korans. weapons, they must not kill innocents, and they must have a chain of com- the Veterans Administration. Of course I am talking about Gitmo, This shortfall comes on the heels of mand. And these terrorists violate all the Guantanamo Bay terrorist deten- efforts by the Bush administration to four of these rules, but yet we treat tion center. These people are prisoners increase veterans prescription drug co- of war and the guards that are there them with greater respect than in the Geneva Convention. payments and to add an enrollment fee are doing an outstanding job. to enter the veterans health care sys- Speaking of the Koran, the guards The International Red Cross observes tem in the first place. There is even are not permitted to touch the Koran the entire facility and has access to all talk of classifying veterans in ways except under rare circumstances. And of the prisoners to talk to them on a that entitle some veterans to benefits if they do, they have to wear linen one-on-one basis. There have been no and leaves others on the outside look- gloves before they can move this Koran deaths in Guantanamo. And you know, to a different cell. in prisoner-of-war camps in the past, ing in. The people that are there are there Americans have died. Back in the war How is this possible, Mr. Speaker, all for two purposes. They are suspected between the States, thousands of pris- the talk of supporting the troops, is terrorists that are going to be tried for oners, Confederate and Union soldiers this just rhetoric? Is it just bumper war crimes, like killing people all over died. In Vietnam, about 9 percent of sticker boiler plate, or are we really se- the world, many of whom are Ameri- the Americans in custody there died. In rious about honoring the sacrifices of cans. The others that are there are Korea, about 30 percent. In World War war and showing our gratitude to those being interrogated, those suspected II, we know that about 40 percent of who have risked life and limb on our terrorists. Americans in custody in Japan died, all behalf? Now I observed those interrogations, in prisoner-of-war camps, and not one What is even worse is that some peo- Mr. Speaker. There are no abuses. person has died in these. ple saw this budget problem coming and were ignored or rebuffed. Minority There are no dogs. There is no abuse. b 1945 The interrogations that took place, Members in the other Chamber, the Amnesty International calls this neither the interrogator nor the pris- Senate, proposed adding money to the place a ‘‘gulag.’’ Well, these are words VA budget in anticipation of this oner knew that we were observing. And from the uninformed elite. They must numerous Members of Congress went shortfall, but they were told by the want ‘‘Club GITMO’’ or ‘‘Disney World Secretary of Veterans Affairs this this past week and observed these fa- of the Caribbean.’’ cilities. spring that no emergency supplemental Some said to close it down. That is funds were needed. One hundred fifty of these individuals just not appropriate, Mr. Speaker. We have attorneys. Any prisoner that is Well, guess what? Emergency supple- probably ought to make it bigger. It mental funds are needed. And now we there that wants an attorney is enti- would be a crime to close this place either have to get an advance on next tled to have one. down and let these criminals loose on year’s limited VA appropriations; bor- Two hundred of them have been re- the world. There is a war on terror row from other parts of the VA budget; leased; in fact, maybe releasing some going on and these people want to kill or pass a supplemental bill to fill the we should not release, because 12 of the Americans. They are dangerous. The ones that have been released have been 20th highjacker of 9/11 is there, and gap. One of the key committee Chairs either recaptured or killed on the bat- these people need to be tried for war has said that it would be best to avoid tlefield. One is of particular note. When crimes. a supplemental package. But were they he was first arrested and captured as a Mr. Speaker, I went to Iraq. I have saying that, Mr. Speaker, when we terrorist he had a leg that was in- seen what these people have done, were debating an over-$200 billion sup- fected, so part of it was amputated. these terrorists have done to civilians plemental bill to fund the war effort in And he was fitted with a new prosthesis and to our military. Even one 8-year- the first place? It does not make sense by American medical personnel. Later old kid was killed while I was there. to me. released and he was captured, recap- Mr. Speaker, I am more concerned We have no problem approving bil- tured on the battlefield, and of course about Americans being killed by ter- lions upon billions of dollars and tak- he was still wearing that American rorists by beheading and suicide bombing on massive debt to send our brave prosthesis that taxpayers paid for. ers and the welfare of our troops than soldiers to Iraq in the first place. And These people do not work. You know, I am about some terrorist outlaw that while they are there, we are denying even in Texas we work our inmates. is upset because his blueberry muffin them of the protective body armor and Today they are out picking cotton. But gets cold. vehicles that would prevent these severe wounds in the first place, and they they are just there to be observed and f to be housed. You know, one of these are returning home more injured than facilities meets American Corrections SMART SECURITY AND VETERANS ever. And when they come home, then Association standards. FUNDING we start pinching pennies, pinching And these people, Mr. Speaker, are The SPEAKER pro tempore (Mr. pennies on their care. Are these the not nice. They spit on our guards. They KUHL of New York). Under a previous priorities of a great Nation?

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.072 H27PT1 H5222 CONGRESSIONAL RECORD — HOUSE June 27, 2005 Now, it is tempting to see this VA So for much of my time in Congress, brother’s life. Again, the implied ques- situation as simply an actuarial mis- I have worked on issues related to the tion, What are you going to do about calculation, but it is indicative of availability of health care. I have been it? something far more serious that we an active member and chaired the So from that townhall meeting sev- have been seeing over and over again Rural Health Care Coalition. And I eral years ago, it has been a growing from this administration, a rob-Peter- commend my colleagues who are ac- desire on my part to move the House of to-pay-Paul mentality; a tendency to tively engaged in a group of Republican Representatives, the Senate, the pol- ignore problems until they become cri- and Democrat Members of this body icymakers, the administration toward ses; a habit of embracing war without who work time and time again to see addressing the issue of health care accounting for its costs, human or fi- that good things happen in the delivery costs. I think there are things we can nancial. of health care in rural America. The do. It is more than just decrying the Mr. Speaker, this is just one example goal there has to be to make certain problem. of the way our Iraq policy has been that we are reimbursed, that our pro- We clearly need more access to pri- bungled. Not only do we need to bring viders, our hospitals and physicians mary care physicians. Too much health our troops out of Iraq as soon as real- and nurses and other health care pro- care is delivered through the emer- istically possible, a position that the viders, are reimbursed through Medi- gency room. I commend the Bush ad- majority of the American people agree care in particular in a way that makes ministration for their focus on commu- with; we need an overhaul of our ap- it possible for financially those health nity clinics. That is an important com- proach to national security in general. care providers to continue to provide ponent of making certain that people I have proposed a new plan called the service and that we need to con- who could not otherwise afford health SMART Security. SMART stands for tinue to make efforts to reduce the pa- care are not showing up at the emer- Sensible Multi-lateral American Re- perwork and bureaucratic burden that gency room, but could access a primary sponse to Terrorism For the 21st Cen- increase the cost of providing services, care physician or a nurse practitioner tury. The guiding principle behind especially in communities where senior through our community clinics. SMART is that war should be the abso- citizens comprise a significant compo- We need to focus more on wellness lute last resort. Prevention of war, not nent of the population. and prevention. I think perhaps the preemptive war, which we know from Many of the hospitals in the First biggest bang for our buck in reducing the Downing Street memo was not the Congressional District of Kansas, 60, 70, health care costs is to encourage and thinking on Iraq. 80, and sometimes even 90 percent of to educate citizens of our country So SMART includes an ambitious the patients admitted to a hospital about nutrition, about life-style, about international development agenda, de- seen by our physicians are over the age habits, about exercise. mocracy building, human rights edu- of 65; and, therefore, Medicare is re- Clearly our information technology cation, business loans, agricultural as- sponsible for payment at least in part system has to be overhauled. We have sistance and more for the troubled, un- of the hospital or physician bill. tremendous technology in the delivery derdeveloped nations of the world. During my time in Congress despite SMART is tough, pragmatic, and pa- of health care, but not in the way that this continual focus on access to health triotic. It protects America by relying we keep records and provide for their care, one other thing has become clear on the very best of American values: payment. IT needs to be overhauled for our commitment to freedom, our com- to me. There is an overriding issue that better and easier data retrieval. We passion for the people of the world, and should consume us all. I rise tonight to clearly need to make certain that our our capacity for multilateral leader- try to bring to my colleagues’ atten- reimbursements for our hospitals under ship. tion the necessity of beginning to ad- Medicare and Medicaid are adequate to dress the ever-rising cost of health cover the costs, otherwise there is sim- f care. ply a cost-shifting onto those who have HEALTH CARE FOR RURAL I am in the middle of 69 townhall insurance. AMERICA meetings. I represent 69 counties in I have been supportive of health sav- The SPEAKER pro tempore. Under a Kansas, and every year I conduct a ings accounts and opportunities for previous order of the House, the gen- townhall meeting in each of those small businesses to pool their pur- tleman from Kansas (Mr. MORAN) is counties. I remember the townhall chasing power to access health care for recognized for 5 minutes. meeting in Hoxie, Kansas. During that their patients. Mr. MORAN of Kansas. Mr. Speaker, townhall meeting, the first question I heard earlier about prescription my arrival in Congress, it really was was from a teacher who said, Last year drugs. We need to continue to work as about what do I do to make certain my premiums for my health insurance a body, as a Congress and as policy- that folks in Kansas, people across to the school district that I paid out of makers in our Nation’s capital to re- rural America have a quality of life, my pocket were $450. This year it is duce the ever-escalating costs of health that they have the opportunity to put $700. What are you going to do about care. food on the family’s table, that they it? f have enough money to save for their The next question was from the farm RENEGOTIATE CAFTA retirement and for their kids’ college implement dealer who said, We are try- education. But even perhaps more im- ing to stay afloat here. It has been a The SPEAKER pro tempore. Under a portant than that, the goal for me as a difficult year. Drought on the high previous order of the House, the gen- policymaker has been what can we do plains. You know how difficult the ag- tleman from Ohio (Mr. BROWN) is rec- to see that the communities that make riculture economy is. We are trying to ognized for 5 minutes. up my State are around for a while keep our employees insured. We raised Mr. BROWN of Ohio. Mr. Speaker, at longer. our co-payments. We raised our a White House news conference earlier Rural America faces many chal- deductibles and our insurance pre- this month, President Bush called on lenges; and among those challenges is miums still went up 49 percent. And Congress to pass CAFTA, the Central an often declining economy, and an there was the question, What are you American Free Trade Agreement. economy related to agriculture. But going to do about it? Also earlier this month, the most one of the things that became clear to The third question came from a lady powerful Republican in Congress, the me early on in my time in Congress is who said, My brother has cancer. He gentleman from Texas (Mr. DELAY), access to health care matters. If we has been in Texas in an experimental promised a vote by July 4. Actually, it care about the future of our commu- treatment program, and he has now re- is the third time the gentleman has nities, we need to make certain that turned home to Kansas and his treat- promised a vote on CAFTA. The first our citizens, the people who live there, ment costs are $40,000 a year. My mom time in 2004 he said there would be a can access a physician, can have access and dad and other brothers and sisters, vote on the Central American Free to a hospital, that the hospital doors we are all trying to figure out how do Trade Agreement by the end of the remain open, that there is home health we as a family come up with $40,000 a year, December of 2004. Then earlier care and nursing home care. year to take care, to perhaps save my this year he promised a vote on CAFTA

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.073 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5223 by Memorial Day, and now he is prom- more and more industrial concerns Number 1, we promised the Iraqi peo- ising a vote by July 4. shutting down. ple that we would not pull out pre- Where I come from, 3 strikes means These are faces of real people, what maturely. Remember that back in the you are out. As a result, Congress is these numbers represent, and it is Gulf War in the early 1990s, we made a waiting and waiting and waiting for hurting an awful lot of families in similar promise. We did pull out, and the CAFTA vote count down to begin. every one of these States and our coun- thousands of Iraqis died. We have had a While we wait, the many of us who try. very difficult time regaining their have been speaking out against the As we see, the Central American Free trust since. I think to this point we Central American Free Trade Agree- Trade Agreement was negotiated by a may have regained some of that status ment have a message for the gentleman select few for a select few. It was nego- and some of that trust. from Texas (Mr. DELAY) and for the tiated by the U.S. pharmaceutical in- A date certain on which we will leave President, and that is renegotiate the dustry to help the U.S. pharmaceutical Iraq will encourage insurgents to hang Central American Free Trade Agree- industry. It was negotiated by big en- on until that date and then intensify ment. ergy companies in the United States to the attacks. I think the date certain of President Bush signed CAFTA more help big energy companies in the withdrawal will certainly be looked than a year ago. Every trade agree- United States. It was negotiated by in- upon by many insurgents as a sign that ment negotiated by this administra- surance and financial institutions to they were winning, a sign of victory. I tion, Australia, Chile, Singapore, Mo- help insurance and financial institu- am sure they would claim victory at rocco, every trade agreement nego- tions. But it is not helping workers. It that point. tiated by this administration was is not helping the environment. It is Also, I think it is important that a withdrawal without victory will dis- voted on by this Congress within 60 not helping small manufacturers. It is honor the memories of those who have days of the President signing the not helping small farmers and small died and sacrificed, and I, for one, agreement. CAFTA has languished in ranchers in our country. It is the same old story, Mr. Speaker. would very much hate to go back and Congress for more than a year without Every time there is a trade agreement, face some of those parents and some of a vote because this wrongheaded trade the President makes three promises. those husbands and wives who have agreement offends Republicans and He promises there will be more jobs in lost soldiers in the war and try to tell Democrats alike. the U.S., more manufacturing products them that basically their son, their It offends small manufacturers. It of- that are exported to other countries, daughter, their husband, or their wife fends labor unions. It offends environ- and it means better wages and a higher died for no cause at all. That would be mentalists and ranchers and small standard of living for workers in the very, very difficult for them to swal- farmers and food safety advocates. It developing country. Yet, with every low. offends religious leaders in Central single trade agreement, their promises Then I think most of us who have America and many religious leaders in fall by the wayside. been overseas, and a great many Mem- this country. Benjamin Franklin said, the defini- bers of Congress have, have been to Most importantly, just look what has tion of insanity is doing the same thing Iraq and Afghanistan and Kuwait, and happened with trade policy in this over and over and over and expecting a Landstuhl in Germany to the hospital, country in the last 12 years. In 1992, the different result. The President makes and up to Walter Reed, and one thing year I was elected to Congress, the the same promises about NAFTA, that we found almost universally is United States had a $38 billion trade about PNTR with China, about CAFTA, that our soldiers have tremendous mo- deficit. That means we imported $38 about every trade agreement over and rale. They have a very strong sense of billion more than we exported. Today, over and over, and the results are the mission, and they have a real sense of a dozen years later, in 2004, last year, same: more manufacturing job loss; purpose. Almost to a person the mili- our trade deficit was $618 billion. From more stagnation of wages in the devel- tary personnel that I have talked to $38 billion to $618 billion in only a oping world where their standard of would tell you that they absolutely do dozen years. It is hard to argue that living does not go up; more plant shut- not want to leave this thing undone. our trade policy is working. downs in community after community They want to make sure there is a b 2000 in our country. sense of accomplishment and a sense of In the face of overwhelming bipar- purpose. Some people say, well, those are only tisan opposition, the administration Finally, let us address the issue of no just numbers, that is the trade deficit; and the gentleman from Texas (Mr. plan, that there is no strategy, no exit who really cares? What that means is DELAY), the most powerful Republican plan at all. We might refer to this it means a significant loss in manufac- in the House, have tried every trick in chart here. One year ago, there was one turing jobs. the book to pass this CAFTA. Mr. Iraqi military battalion that was The States in red are States that Speaker, CAFTA is a bad idea. Over- trained and equipped. Now there are have lost 20 percent of their manufac- whelming opposition to this agreement more than 100 battalions trained and turing. The State of Ohio, 216,000 just says we should renegotiate the Central equipped, and those are reflected over in the last 5 years; Michigan, 210,000 American Free Trade Agreement. here on this 75,791 total of Ministry of manufacturing jobs lost; Illinois, f Defense forces. Also, in addition, there 224,000; Pennsylvania, 200,000; Mis- are 90,883 policemen and other patrol sissippi and Alabama combined, 130,000. WAR IN IRAQ and security guards that have been In the gentleman from Georgia’s (Mr. The SPEAKER pro tempore (Mr. trained. So it is a total of 170,000 Iraqis LEWIS) home State, they have lost be- KUHL of New York). Under a previous who are currently trained and tween 15 and 20 percent. order of the House, the gentleman from equipped. These are the States in blue, 107,000. Nebraska (Mr. OSBORNE) is recognized I have been to Iraq where I have seen In the gentlewoman from California’s for 5 minutes. some of this training occur. I have been (Ms. WATSON) and the gentleman from Mr. OSBORNE. Mr. Speaker, there to Amman, Jordan, where a lot of the California’s (Mr. BERMAN) State, 354,000 has been a great deal of debate on this police academies are held. So at the jobs lost. House floor recently about the war in present time we are aiming for 270,000, In State after State after State we Iraq and not so much about Afghani- and we are most of the way there. We have seen hundreds of thousands of stan, interestingly, but certainly about still have 100,000 to go, and we are manufacturing jobs lost in the last 5 Iraq. Some in Congress are clamoring training about 10,000 a month. So that years, not entirely because of but in for us to pull out of Iraq immediately. means in about 10 months we will be at large part because of failed trade poli- Some want a timetable indicating a roughly 270,000. cies. Each one of these jobs translates date certain when we will withdraw. General Petraeus says there is no into the loss of a bread winner, trans- Some say there is no plan concerning shortage of volunteers; we have more lates into less money for education in postwar Iraq, no exit strategy. I would people applying for this position than the community, less money for police like to address each of these points just we have slots to fill them at the and fire as the tax base shrinks with briefly. present time.

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.075 H27PT1 H5224 CONGRESSIONAL RECORD — HOUSE June 27, 2005 So I think we are in reasonably good activity, providing safe havens for pi- ready been launched that offer Internet shape. The exit strategy is obviously to rates to swap copied versions of copy- music downloads at affordable prices draw down our forces as the Iraqis are righted material without paying a without infringing on copyright laws. able to take control of the situation, cent. Every day, millions of copy- These positive efforts provide a victory and currently, in almost every military righted protected movies, songs, com- for both consumers and artists. action, Iraqis are out in front. There puter games, and other pieces of intel- Today’s decision will further encour- are many areas of Iraq at the present lectual property are stolen over peer- age and spur even more technological time where there are no U.S. forces. to-peer networks. innovation. As a result, consumers will Iraqi forces are totally in control, not The statistics speak for themselves. be the ultimate winners as they will a whole lot of those areas, but there Over 90 percent of the file-sharing ac- have more access to high-quality are some. So the Iraqis are assuming tivity on Grokster is illegal copyright music, film, and other content on the more and more responsibility for their infringement. Of the music files avail- Internet and elsewhere. own protection. At the present time, able online, 99 percent are unauthor- f there are 21,000 fewer Americans in ized, leading to a substantial drop in The SPEAKER pro tempore. Under a Iraq than there were in January. So shipments of music to retailers. previous order of the House, the gen- there has been some drawdown at the In the last year alone, the number of tleman from Georgia (Mr. PRICE) is rec- feature films posted on file-sharing present time. ognized for 5 minutes. sites more than doubled to 44 million. One of the wild card situations is the (Mr. PRICE of Georgia addressed the Some estimates show that as many as Sunnis. Recently, the Sunnis, it was House. His remarks will appear here- 400,000 movies have been downloaded in reported, reached a resolution with the after in the Extensions of Remarks.) Shias and the Kurds as to their role in one day alone. government. I think if that can be ac- Last month, it took just a few hours f complished, then we are in reasonably after the latest Star Wars movie ORDER OF BUSINESS good shape for a resolution. opened in theaters for a copy to show Mr. GOHMERT. Mr. Speaker, I ask to A constitution will be written by Au- up online on a file-sharing site. While take my Special Order at this time. gust 15. It will be approved by October so many Americans flocked to movie The SPEAKER pro tempore. Is there 15, and a new government will be elect- theaters across the country with their objection to the request of the gen- ed on December 15. children and families to see the latest So there is a strategy. Progress is episode of this great Hollywood fran- tleman from Texas? being made. It is a very difficult situa- chise, millions had access to an unau- There was no objection. tion. I really, truly believe all Mem- thorized copy of the film online, free f bers, both sides of the aisle, are very for theft and the taking. BRINGING TROOPS HOME much in support of our troops. I think Our Nation’s economy and creative it is important that we support them industries that employ over 5 million The SPEAKER pro tempore. Under a with our votes, with money, with Americans suffer a huge blow from the previous order of the House, the gen- equipment, and also with our words, billions of dollars lost annually tleman from Texas (Mr. GOHMERT) is because our words that are spoken on through illegal downloading. These recognized for 5 minutes. this House floor and in the press cer- networks that actively promote illegal Mr. GOHMERT. Mr. Speaker, as the tainly reverberate around the world activity continue to pose a serious right honorable gentleman from Ne- and al Jazeera. threat to the livelihood of copyright braska (Mr. OSBORNE), a good friend, So I know our troops very much are creators and artists, many of whom former coach, had indicated, there are hoping that we will show unqualified live in my district. Members of this body who believe the and tremendous resolution in resolving One of our country’s greatest ex- solution in Iraq is to set a date certain this issue. ports, indeed the only area where we by which we will begin removing or have our troops removed from Iraq. f have a positive balance of trade with every Nation on earth, is in the area of When asked recently if such a strategy INTELLECTUAL PROPERTY PRO- creative content and our intellectual would not have been devastating if TECTION AND THE GROKSTER property, which is derived from the used in World War II and would not DECISION hard work of song writers, technicians, have left Hitler in power, one Congress- The SPEAKER pro tempore. Under a artists, programmers, musicians, inde- man said, well, World War II is not previous order of the House, the gen- pendent filmmakers and scores of oth- really an appropriate comparison. He tleman from California (Mr. SCHIFF) is ers who make their living from the believed the more appropriate model recognized for 5 minutes. lawful sale of these items. was that of Vietnam, where we set a Mr. SCHIFF. Mr. Speaker, today the The Supreme Court decision today time and then we got out. United States Supreme Court, in a strikes the right balance by protecting I do not question anyone’s motive unanimous 9–0 decision, held that peer- copyright holders from such illegal ac- here, but for freedom’s sake, what in to-peer file-swapping companies can be tivity and promoting legal avenues for the world kind of a mission is that? held liable if they promote the use of downloading movies, music, and other The retreat from Vietnam created a their sites to infringe copyright. The works by consumers. vacuum that was filled by dead and Grokster decision is a victory for all Very simply, the Court decision mutilated bodies of those we ran out law-abiding Americans, especially the today codifies an age-old principle: and deserted, and it is one of our dark- hardworking and talented individuals that one man should not profit from est and most heinous hours in Amer- that make up our creative industries. the fruit of another man’s labor. ican history. It is rivaled, however, for I am pleased that the Supreme Court As the Court noted, their decision its humiliating nature by the very war struck the right balance between the leaves breathing room for innovation, in Vietnam itself in which we sent sol- protection of intellectual property and and a vigorous commerce and does diers to fight but tied one arm behind the desire to provide consumers with nothing to compromise the legitimate their backs and did not give them the easy and lawful access to movies, commerce or discourage innovation equipment and backing to actually music, and other content. Impressive having a lawful purpose. win. They were not authorized to win. advances in technology in recent years Today’s ruling upholds the principle They were told to just hold what they have produced a host of new and excit- that technology must and should ad- had. No war can ever be won unless ing avenues for consumers to access vance, but not without respecting there is a commitment by the govern- music and other content online. These copyright law. Just moments after to- ment to win. new technologies, however, have also day’s decision, a new legal peer-to-peer If we did not learn anything from the bred a culture of rampant pirating on model was unveiled that will incor- wars of the 20th century, it would be the Internet. porate many user benefits common to obvious here, but in 1979, we had an at- Grokster and other peer-to-peer net- the peer-to-peer file-sharing experi- tack on American soil. That is what it works have become bastions of illegal ence, and a number of sites have al- is when someone attacks an American

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.077 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5225 embassy, and they took hostages of our but could not be, the gentlewoman viduals to commit a moral and legal diplomats and we did nothing. We from California (Mrs. BONO), to react to wrong.’’ It is willing to hold businesses failed to defend our soil and our people a unanimous decision that came down responsible for the part they play in and our diplomats and a terrible mes- today by the Supreme Court in the promoting theft. It has issued a loud sage went forward. MGM v. Grokster case. warning that companies will not be al- That ruling is a victory for American b 2015 lowed to gain from illegal distribution. innovation. Artists will thrive, be en- Those that specifically design their We failed to address the attacks couraged to create the music and mov- business models to target the demand properly of the first bombing of the ies we love, and legitimate technology for copyright infringement will be World Trade Center and on the U.S.S. companies that distribute those same stuck wearing the bulls-eye. Cole and other attacks. movies and music will no longer have Shed no tears: these illegitimate We have sent a terribly erroneous to compete with piracy profiteers. Con- peer-to-peer networks are not message in the past that America does versely, services that breed a culture of innovators; they are free riders. Their not have the courage or the stomach to contempt for intellectual property will services make it hard to teach our chil- complete the defense of ourselves or to have to answer for their ill-gotten dren about right and wrong. They send finish what we start. That is what gains. adware, spyware, viruses, and pornog- Osama bin Laden has been saying for In addition to providing us with mov- raphy on to our computers and into our years. If we just keep attacking, keep ies, sound recordings, computer games homes. There are a great many reasons up the insurgency, America does not and software, books and other creative for parents, teachers, creators, and have the stomach to win. We will wear works, the core copyright industry ac- others to rejoice about the message the them down. counts for over 6 percent of the U.S. Supreme Court sent today. And now I hear colleagues verifying gross domestic product. Businesses Both the content and tech industry they do not have the stomach to com- that rely on copyright employ more must continue developing innovative plete what we started. My colleagues, than 11 million U.S. workers. Unfortu- and legitimate ways to distribute con- when I was in Iraq in March, one nately, the copyright piracy taking tent so that consumers can access en- former general under Saddam looked place over peer-to-peer networks has tertainment on a variety of devices. become a great threat to the liveli- me in the eyes, a Sunni, and said, If the This decision will improve opportuni- hoods of all copyright creators. There- U.S. will just stay behind us and back ties for legitimate music and movie fore, robust protection for creativity is us until we get our constitution and distribution, putting out of business necessary to support everyone from the have the next election, you will see the black marketeers. most of the violence in Iraq stop. The most famous artists to the completely This decision has provided greater unknown set designer, from share- terrorists know how critical it is that protection for intellectual property holders and executives of studios and this battle go on. They know that if rights and has provided the tools to ef- R&D record companies and software freedom and a free society take hold in fectively combat copyright theft. In companies to the many thousands of Iraq, in a Muslim country in the Mid- turn, it will keep an engine of Amer- hourly-wage earners who work for dle East, they lose. ica’s economic growth thriving by pro- Some of the people who now are call- them. Piracy robs creators and owners of moting innovation and creativity in ing for a date certain to withdraw are sound recordings and movies of their entertainment and the arts. The deci- some of the same people in 1991 who right to be first in the market. But sion is also a win for legitimate tech- screamed at former President Bush, most harmful, peer-to-peer networks nology companies. Those who have stop, stop, do not attack, they are sur- have created a culture where too many structured their businesses to dis- rendering. Get out. Do not go to Bagh- consumers, including our children, are tribute content in innovative and legal dad. And shortly after that, after he accustomed to receiving their choice of ways that compensate the creator did as they implored, they said well, he entertainment anytime, anyplace, in while providing consumers quality in is just too weak. He did not have the any format for free, without providing choice should laud this decision. stomach to finish what he started. He the creator his or her rightful com- The Founding Fathers dealt with pi- was a weak President. He should have pensation. rates on the high seas and had the in- done what he started and gone on to In a 9–0 opinion, the Supreme Court tuition to address the pirates over the Baghdad. Now they are doing the same has told businesses that facilitate air. They afforded protection in the thing to this President. I thank God he copyright infringement that they will Constitution for intellectual property has the backbone to stay in there. be held directly accountable for their rights that serve as the cornerstone of Please, I would encourage my col- actions. A business cannot model its American innovation. The Supreme leagues to not push for a date certain. success on the destruction of another’s Court today has helped carry out the It would not have worked in World War industry. To paraphrase Justice Ken- mission of article I section 8 of the II or in any war. It tells the opponents, nedy’s observation in the oral argu- Constitution by promoting the the enemy, that we do not have the ment, unlawful expropriated property progress of science and the useful arts. stomach to stay in there. We have a cannot be used by a business as part of f plan. We are training policemen, we its start-up capital. MGM V. GROKSTER are training soldiers. They will be able This decision ‘‘does nothing to com- to defend themselves. Let us ensure promise legitimate commerce or dis- The SPEAKER pro tempore. Under a that Iraq will win the peace and that courage innovation having lawful previous order of the House, the gentle- the terrorists lose. promise.’’ It has merely found a bal- woman from California (Ms. WATSON) is f ance between the legitimate demand of recognized for 5 minutes. copyright owners for effective protec- Ms. WATSON. Mr. Speaker, I would SUPREME COURT DECISION ON join with my colleagues about today’s MGM V. GROKSTER tion and the rights of others to engage in substantially unrelated areas of unanimous decision by the Supreme The SPEAKER pro tempore (Mr. commerce. Just because the trans- Court in MGM v. Grokster, for it rep- KUHL of New York). Under a previous mission of these files happened in the resents a great triumph for American order of the House, the gentleman from ether, does not mean that the protec- creativity and innovation. File-sharing California (Mr. BERMAN) is recognized tion should only be symbolic. Just be- companies that actively coax con- for 5 minutes. cause we are in a digital age, the defi- sumers into violating copyright laws Mr. BERMAN. Mr. Speaker, I want to nition of stealing does not change. If I can no longer escape legal con- join with my colleagues, the gentleman go to a store and take a CD without sequences under the guise of fair use. from California (Mr. SCHIFF), the gen- paying for it, I am stealing. If I go to They will no longer be able to rip off tlewoman from California (Ms. WAT- a peer-to-peer network and download a from the talent and the hard work of SON), the gentlewoman from California song for free, I am also stealing. our Nation’s creators. In ruling for our (Ms. LINDA T. SA´ NCHEZ), and a col- The Supreme Court has instructed Nation’s creative artists, the Supreme league who wanted to be here as well businesses: ‘‘You may not entice indi- Court today struck a proper balance

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.080 H27PT1 H5226 CONGRESSIONAL RECORD — HOUSE June 27, 2005 between the protection of intellectual There was no objection. But stealing is stealing. Swapping property rights and the need to expand f copyrighted files online is illegal, and our technologies. just because it is easy doesn’t make it As a representative of Hollywood, my INTELLECTUAL PROPERTY AND right. We can have peer-to-peer net- district contains many movie and re- THE GROKSTER DECISION works that give every American access cording studios, which serve as the The SPEAKER pro tempore. Under a to the files they want online, and also driving force behind our local economy previous order of the House, the gentle- provide creators with copyright protec- and provide tens of thousands of jobs to woman from California (Ms. LINDA T. tions. many of my constituents. As Chair of SA´ NCHEZ) is recognized for 5 minutes. As long as companies like Grokster the Congressional Entertainment In- Ms. LINDA T. SA´ NCHEZ of Cali- are allowed to facilitate illegal file dustries Caucus, one of my key con- fornia. Mr. Speaker, I rise to applaud swapping, we will continue to lose hun- cerns has been the continuing erosion the United States Supreme Court for dreds of dollars and hundreds of thou- of our Nation’s copyright laws. their ruling today in the case of Metro- sands of U.S. jobs each year. Let me share some shocking statis- Goldwyn-Mayer Studios, Incorporated I am pleased that the Supreme Court tics. According to recent FBI data, v. Grokster. By a unanimous ruling, 9– took the first step today in Grokster U.S. producers of movies, music, com- 0 in favor of MGM, the Supreme Court towards ending illegal copyright in- puter games, and software lost $23 bil- sent a strong message today that our fringement online, and protecting the lion in 2003 to illegal copying. In Oper- courts will protect the work of creative industries that produce copyrighted ation Digital Gridlock, the first Fed- artists. works. eral law enforcement action against a I represent the 39th Congressional Mr. CONYERS. Mr. Speaker, today’s ruling peer-to-peer network, regulators seized District in California. My State, re- is a victory for content creators and con- the equivalent of 60,000 illegally dis- gion, and district are home to the mo- sumers. It is clear that those who encourage tributed movies last August. It is clear tion picture industry, the music indus- content theft are responsible for their conduct to me that piracy of our creative prod- try, and software companies. Many of even if they themselves are not stealing. With ucts has reached an epidemic level, my constituents work in these creative this ruling, creators will be encouraged to take both domestically and internationally, industries, and I know from talking to advantage of the digital marketplace and pro- creating a huge drain on our economy, them that piracy hits their companies vide consumers with even more digital con- job creation, and technological innova- hard and their pocketbooks harder. tent. tion. We are forced to resort to legal Intellectual property is important to For years, consumers have been clamoring actions to help stem this tide of intel- our economy as a whole, so copyright for access to digital content. Because content lectual property theft. infringements also severely damage protection technology and content owners had not caught up with the Internet, music lovers That is why today’s Supreme Court our national economy. In fact, accord- ruling was so important. In the unani- turned to illegal download sites like Napster ing to the International Intellectual mous opinion, the Justices held that and Kazaa for digital content. Property Alliance, in 2002, core copy- ‘‘one who distributes a device with the We had heard that, if the content industry right industries accounted for over 6 object of promoting its use to infringe would just create a legal avenue for obtaining percent of the U.S. gross domestic copyright is liable for the resulting digital music, consumers would embrace it. product. That is over $626 billion. When acts of infringement by third parties The premonition was largely true. The record you look at all copyright industries, using the device, regardless of the de- industry and high-tech worked together to de- they accounted for approximately 12 vice’s lawful uses.’’ It is this unequivo- velop digital content protection, to clear the percent of the U.S. gross domestic cal guidance from our Nation’s highest rights needed to get music online, and to get product, or $1.25 trillion in 2002 alone. court that I believe will help enhance music on the Internet. According to the Pew the effective enforcement of our Na- Obviously, intellectual property is a Internet and American Life Project, the re- tion’s copyright laws and strengthen vital part of our economy, and piracy sponse to legitimate digital content has been the public’s respect for the value of in- robs our economy of billions of dollars overwhelming: in 2004, only twenty-four per- tellectual property rights. from this important industry. cent of music downloaders had tried legitimate Of course, efforts to address privacy b 2030 download sites; in 2005 to date, the number should not inhibit the continuing Conservative estimates say that jumped to forty-three percent. Internet sites like Apple iTunes, Napster, growth and development of our digital counterfeiting of U.S. businesses’ copy- and Rhapsody offer consumers a variety of economy. New technologies should ben- righted goods cost our economy be- ways of obtaining music, from one-time efit not just the content distributors tween $200–$400 billion each year. When but the creative forces as well. But as downloads to monthly subscriptions. In just the our economy suffers like that, Amer- the entertainment and technology sec- past few years, over 300 million songs were ica’s workers suffer, too. tors work together to utilize file-shar- sold on just a single website. No matter how The ‘‘core’’ copyright industries ing networks to create new innovative you view it, the marketplace is working. alone were estimated to have employed and legal forms of content distribution, Today’s Supreme Court decision makes it 4 percent of U.S. workers in 2002, a I hope today’s decision will send a mes- clear that encouraging others to steal is as ne- total of 5.48 million workers. But pi- sage to all pirates that winking and farious as stealing directly. I have no doubt racy causes 750,000 American workers nodding at digital theft will not be tol- that, with this added assurance, content cre- to lose their jobs each year. erated any more than theft itself. I am ators will roll out even more digital content to This is where intellectual property confident that the lower courts will consumers. carefully apply this well-reasoned opin- laws come in and why the Supreme Mr. ENGEL. Mr. Speaker, I rise to join my ion in finding Grokster and other simi- Court decision today in the Grokster is Democratic colleagues in support of protecting lar companies liable for activities that so important. The Court drew a line in our Nation’s intellectual property. For decades will induce their customers into illegal the sand in the Grokster case and said the theft of music and movies has been com- use of creative products. that peer-to-peer file-sharing networks monplace. But, with the explosion of the Inter- that encourage illegal file-sharing net, the theft of copyright material has become f should not be shielded by our laws. The a crisis. GENERAL LEAVE ruling protects the creative commu- Just today, the Supreme Court, in an unani- Ms. LINDA T. SA´ NCHEZ of Cali- nity but also allows the public to re- mous decision, stepped forward and protected fornia. Mr. Speaker, I ask unanimous tain access to the benefits of peer-to- Intellectual Property. In MGM v Grokster, the consent that all Members may have 5 peer file-sharing technology. Supreme Court struck a fine balance that must legislative days within which to revise Mr. Speaker, I love movies and music exist to ensure consumers’ rights and protect and extend their remarks and include as much as any consumer, and I use music and video content. The Court clearly extraneous material on the subject computer software every single day. I stated that ‘‘the record is replete with evidence matter of my Special Order. am also a fan of the Internet, and I that from the moment Grokster and The SPEAKER pro tempore. Is there want consumers to be able to use tech- Streamcast began to distribute free software, objection to the request of the gentle- nology to get their favorite music and each one clearly voiced the objective that re- woman from California? movies conveniently. cipients use it to download copyrighted works,

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\CR\FM\K27JN7.082 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5227 and each took active steps to encourage in- And so now with this Supreme Court nois (Mr. EMANUEL) is recognized for 60 fringement.’’ Neither of these programs offered decision, the State, the city, the public minutes as the designee of the minor- themselves as legitimate devices such as a entity, can take your home for private ity leader. VCR. A great majority of users knew and in- use. They can take your home and they Mr. EMANUEL. Mr. Speaker, last tended to subvert copyright and deny not just can give it to private developers to week my colleagues and I began a me- the record and movie companies’ compensa- build shopping centers. They can take morial tribute to read the names of tion, but take money out of the pockets of your home and give it to developers to over 1,900 men and women who gave songwriters, studio personnel, camera men build a condominium. They can take their lives in service to our Nation in and make-up artists. your home for any reason that they de- Afghanistan and Iraq. We read about We are also undertaking an effort to move cide is in the public interest, and they 860 of those names. We recited the to digital television. In the future, if the Con- are trying to hide behind the idea that name and rank of each servicemember gress does not act, copying and uploading a there are some cities and some entities who fell in Iraq and Afghanistan thea- broadcast show will be all too easy. Many of that need to get rid of slums and they ters of war from 2001 through the be- us have worked on the ‘‘Broadcast Flag,’’ need to redevelop in the best interest ginning of 2004. which is a technology that will allow con- of the citizens of that community. For the next hour we will continue sumers to continue to record a show for later Yes, it may go to a private company this reading, honoring the fallen of 2004 viewing, but prevent the mass redistribution. or to a private corporation and yes, and 2005. We will continue to do this The Federal Communications Commission they may get rich from that develop- reading on the floor of the House, the had instituted a rule to this end, but the fed- ment. But if the city fathers get to- people’s House, until we have recog- eral courts found the FCC lacked such author- gether and believe that that somehow nized all who have given their life in ity. Thus, it falls on us in Congress to continue is in the best interest and it is already service of this Nation. In this Chamber to update our laws in the digital era to stop all right, that flies in the face of the we often invoke their sacrifice in gen- copyright infringement. I hope we can do so Constitution of the United States. eral, but we seldom take the time to quickly or, I fear, the best entertainment will I do not think Members have to be a recognize them individually. be moved to cable and satellite and be strict constructionist or a liberal con- By reading these names into the CON- unaffordable to some Americans. structionist. All you need is good sense GRESSIONAL RECORD, it is our hope that I thank Mr. HOYER and Mr. SCHIFF for ar- to know that the Constitution of the our Nation will never forget their sac- ranging this effort and applaud all of my col- United States did not mean for your rifice. God bless and keep each of the leagues’ commitment to the protection of one city government or any other entity to brave Americans whose memory we of our Nation’s most valuable assets. be able to ride over your rights and now honor: f take your private property and give it 1. Private First Class Marquis A. EMINENT DOMAIN ABUSE to somebody else. Whitaker The SPEAKER pro tempore (Mr. As a matter of fact, I think this is 2. Specialist Jacob R. Herring dangerous. I think it is dangerous be- 3. Staff Sergeant Kendall Thomas KUHL of New York). Under a previous order of the House, the gentlewoman cause your city fathers could get to- 4. Sergeant Adam W. Estep gether with developers and take land in 5. Specialist Martin W. Kondor from California (Ms. WATERS) is recognized for 5 minutes. ways it has never been done before. We 6. Sergeant Landis W. Garrison Ms. WATERS. Mr. Speaker, I had not know too many stories about the influ- 7. Staff Sergeant Esau G. Patterson intended to be on the floor this evening ence of developers on county council Jr. speaking about this particular issue. members and on city governments. We 8. Staff Sergeant Jeffrey F. Dayton As a matter of fact, I was hoping over know too much about the flow of 9. Sergeant Ryan M. Campbell the next few days I could concentrate money. We know too much about cam- 10. Specialist James L. Beckstrand all of my time on the Out of Iraq Con- paign contributions to those who would 11. Specialist Justin B. Schmidt gressional Caucus that we are working just as soon institute eminent domain 12. Private First Class Ryan E. Reed so hard on. as do anything. 13. Private First Class Norman Dar- But this is National Homeowner As a matter of fact, without this in- ling Month, and I could not help but focus terpretation that we got last Thursday, 14. Private First Class Jeremy Ri- on the fact that in America owning we have city fathers who have tried it, cardo Ewing your own home is one of the most ideal even though they did not have this rul- 15. Petty Officer Second Class Jason things that you can do. Americans as- ing. You have communities that have B. Dwelley pire to own their own homes. We so- to fight against city council members 16. Petty Officer Third Class Chris- cialize in such a way that we teach our and mayors getting together trying to topher M. Dickerson children to go to school, to get an edu- take their property and at least trying 17. Corporal Scott M. Vincent cation, to get a good job or have a good to call it for public use. 18. Corporal Joshua S. Wilfong career, become an entrepreneur, and But now the Supreme Court has 19. Specialist Trevor A. Wine buy your home. made it clear that they can take it for 20. Specialist Ramon C. Ojeda And so as I focus on National Home- private use. I do not like it. Members 21. Sergeant Joshua S. Ladd. owner Month, I am outraged that the do not have to be a Democrat or Re- 22. Specialist Ervin Caradine Jr. Supreme Court of the United States of publican, liberal or conservative. Mem- 23. Private Jeremy L. Drexler America last Thursday made a decision bers just need to be an American with 24. Staff Sergeant Todd E. Nunes that local entities could take Ameri- good sense that says you will not stand 25. Petty Officer Second Class Mi- can’s homes in eminent domain pro- for it. chael C. Anderson ceedings for something other than pub- Mr. Speaker, I am going to get to- 26. Petty Officer Second Class Trace lic use. I am amazed that the Supreme gether with some of my friends on the W. Dossett Court of the United States on a 5-to-4 other side of the aisle and we are going 27. Petty Officer Second Class Scott decision, I believe it was, decided that to create a law that will undermine R. Mchugh the law, the Constitution as we know this decision of the Supreme Court and 28. Petty Officer Second Class Robert it, I think it is the fifth amendment, take back amendment 5 of the Con- B. Jenkins that says yes, you may use eminent do- stitution so we can redefine the mean- 29. Petty Officer Third Class Ronald main for good public use, is something ing in the way it is supposed to be de- A. Ginther other than what was intended. This fined. 30. Captain John E. Tipton ruling says you can take anybody’s f 31. Gunnery Sergeant Ronald E. home for private use. In this case Baum Susette Kelo, the woman from New HONORING THOSE WHO MADE THE 32. Staff Sergeant Erickson H. Petty London, Connecticut, who brought the ULTIMATE SACRIFICE 33. First Lieutenant Christopher J. case, was trying to protect her home The SPEAKER pro tempore. Under Kenny from the desire by a huge corporation the Speaker’s announced policy of Jan- 34. Sergeant Marvin R. Sprayberry to build some condominiums. uary 4, 2005, the gentleman from Illi- III

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.049 H27PT1 H5228 CONGRESSIONAL RECORD — HOUSE June 27, 2005 35. Sergeant Gregory L. Wahl 90. Lance Corporal Rafael 146. Corporal Dallas L. Kerns 36. Private First Class Lyndon A. Reynosasuarez 147. Lance Corporal Michael S. Torres 148. Lance Corporal John J. Vangyzen Marcus Jr. b 2045 37. Corporal Jeffrey G. Green IV 38. Private First Class Jesse R. Buryj 91. Specialist Charles E. Odums II 149. Lance Corporal Scott Eugene 39. Specialist James E. Marshall 92. Private Bradli N. Coleman Dougherty 40. Private First Class Bradley G. 93. Sergeant Aaron C. Elandt 150. Private First Class Rodricka Kritzer 94. Private First Class Nicholaus E. Antwan Youmans 41. Corporal Dustin H. Schrage Zimmer 151. Corporal Jeffrey D. Lawrence 42. Staff Sergeant Hesley Box Jr. 95. First Lieutenant Kenneth Michael 152. Lance Corporal Justin T. Hunt Mr. Speaker, I yield to the gentleman Ballard 153. Private First Class Samuel R. from Georgia (Mr. LEWIS). 96. Captain Robert C. Scheetz Jr. Bowen Mr. LEWIS of Georgia. 97. Lance Corporal Dustin L. Sides 154. Sergeant Michael C. Barkey 43. Specialist Philip D. Brown 98. Private First Class Markus J. 155. Specialist Jeremiah W. Schmunk 44. Specialist Isela Rubalcava Johnson 156. Sergeant Robert E. Colvill Jr. 45. Specialist Chase R. Whitman 99. Corporal Bumrok Lee 157. Specialist Joseph M. Garmback 46. Specialist James J. Holmes 100. Lance Corporal Todd J. Bolding Jr. 47. Sergeant Rodney A. Murray 101. Specialist Christopher M. Duffy 158. Specialist William River Eman- 48. Private First Class Andrew L. 102. Sergeant Frank T. Carvill uel IV Tuazon 103. Specialist Justin W. Linden 159. Specialist Sonny Gene Sampler 49. Specialist Kyle A. Brinlee 104. Sergeant Justin L. Eyerly 160. Private First Class Collier Edwin 50. Specialist Jeffrey R. Shaver 105. First Lieutenant Erik S. McCrae Barcus 51. Lance Corporal Jeremiah E. Sav- 106. Specialist Ryan E. Doltz 161. Specialist Shawn M. Davies age 107. Sergeant Humberto F. Timoteo 162. Corporal Terry Holmes 52. Private First Class Brandon C. 108. Sergeant Melvin Y. Mora Lopez 163. Sergeant Krisna Nachampassak Sturdy 109. Private First Class Melissa J. 164. Private First Class Christopher 53. Private First Class Brian K. Cut- Hobart J. Reed ter 110. Sergeant Jamie A. Gray 165. Staff Sergeant Trevor Spink 54. Specialist Philip I. Spakosky 111. Lance Corporal Jeremy L. 166. Sergeant First Class Linda Ann 55. Sergeant Brud J. Cronkite Bohlman Tarango-Griess 56. Command Sergeant Major Edward 112. Captain Humayun S. M. Khan 167. Sergeant Jeremy J. Fischer C. Barnhill 113. Private First Class Thomas D. 168. Staff Sergeant Dustin W. Peters 57. Private First Class Michael A. Caughman 169. Sergeant James G. West Mora 114. Specialist Eric S. McKinley 170. Specialist Dana N. Wilson 58. Sergeant James William Harlan 115. Private First Class Shawn M. At- 171. Private First Class Torry D. Har- 59. Staff Sergeant Rene Ledesma kins ris 60. Senior Airman Pedro I. Espaillat 116. Sergeant Arthur S. (Stacey) 172. Corporal Demetrius Lamont Rice Jr. Mastrapa 173. Private First Class Jesse J. Mar- 61. Second Lieutenant Leonard M. 117. Specialist Jeremy M. Dimaranan tinez Cowherd Jr. 118. Major Paul R. Syverson III 174. Staff Sergeant Paul C. Mardis Jr. 62. Specialist Carl F. Curran 119. Specialist Thai Vue 175. Lance Corporal Bryan P. Kelly 63. Specialist Mark Joseph Kasecky 120. Private First Class Jason N. 176. Specialist Craig S. Frank 64. Lance Corporal Bob W. Roberts Lynch 177. Sergeant First Class David A. 65. Staff Sergeant Joseph P. 121. Private First Class Sean Horn Hartman Garyantes 122. Staff Sergeant Marvin Best 178. Sergeant Dale Thomas Lloyd 66. Specialist Marcos O. Nolasco 123. Staff Sergeant Gregory V. Pen- 179. Private First Class Charles C. 67. Staff Sergeant William D. Chaney nington ‘‘C.C.’’ Persing 68. Private First Class Michael M. 124. Lance Corporal Pedro Contreras 180. Staff Sergeant Michael J. Clark Carey 125. Corporal Tommy L. Parker Jr. 181. Corporal Todd J. Godwin 69. Specialist Michael C. Campbell 126. Lance Corporal Deshon E. Otey 182. Specialist Danny B. Daniels II 70. Sergeant First Class Troy ‘‘Leon’’ Mr. EMANUEL. Mr. Speaker, I yield 183. Lance Corporal Mark E. Engel Miranda to the gentlewoman from Connecticut 184. Private First Class Nicholas H. 71. Private First Class Leslie D. (Ms. DELAURO). Blodgett Jackson Ms. DELAURO. 185. Sergeant Tatjana Reed 72. Corporal Rudy Salas 127. Lance Corporal Juan Lopez 186. Private First Class Torey J. 73. Staff Sergeant Jeremy R. Horton 128. First Lieutenant Andre D. Tyson Dantzler 74. Lance Corporal Andrew J. 129. Sergeant Patrick R. McCaffrey 187. Lance Corporal Vincent M. Sul- Zabierek Sr. livan 75. Staff Sergeant Jorge A. Molina 130. Staff Sergeant Charles A. Kiser 188. Specialist Nicholas J. Zangara Bautista 131. Captain Christopher S. Cash 189. Sergeant DeForest L. ‘‘Dee’’ 76. Specialist Jeremy L. Ridlen 132. Specialist Daniel A. Desens Talbert 77. Specialist Beau R. Beaulieu 133. Lance Corporal Manuel A. 190. Private First Class Ken W. 78. Private First Class Owen D. Witt Ceniceros Leisten 79. Private First Class James P. Lam- 134. Specialist Jeremy M. Heines 191. Gunnery Sergeant Shawn A. bert 135. First Sergeant Ernest E. Utt Lane 80. Private First Class Richard H. 136. Lance Corporal Patrick R. Adle 192. Lieutenant Colonel David S. Rosas 137. Sergeant Alan David Sherman Greene 81. Sergeant Kevin F. Sheehan 138. Corporal John H. Todd III 193. Specialist Joseph F. Herndon II 82. Specialist Alan N. Bean Jr. 139. Specialist Robert L. DuSang 194. Specialist Anthony J. Dixon 83. Private First Class Daniel Paul 140. Sergeant Kenneth Conde Jr. 195. Specialist Armando Hernandez Unger 141. Lance Corporal Timothy R. 196. Sergeant Juan Calderon Jr. 84. Corporal Matthew C. Henderson Creager 197. Specialist Justin B. Onwordi 85. Lance Corporal Kyle W. Codner 142. Sergeant Christopher A. Wagener 198. Corporal Dean P. Pratt 86. Corporal Dominique J. Nicolas 143. Staff Sergeant Stephen G. Mar- 199. Private First Class Harry N. 87. Lance Corporal Benjamin R. Gon- tin Shondee Jr. zalez 144. Lance Corporal James B. Huston 200. Sergeant Tommy L. Gray 88. Specialist Michael J. Wiesemann Jr. 201. Captain Gregory A. Ratzlaff 89. Private First Class Cody S. 145. Second Lieutenant Brian D. 202. Gunnery Sergeant Elia P. Calavan Smith Fontecchio

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.085 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5229 203. Lance Corporal Joseph L. Nice 253. Corporal Barton R. Humlhanz 296. Lance Corporal Cesar F. 204. Sergeant Yadir G. Reynoso 254. Specialist Omead H. Razani Machado-Olmos 205. Private First Class Raymond J. 255. Lance Corporal Nickalous N. Al- 297. Lance Corporal Michael J. Halal Faulstich, Jr. drich 298. Lance Corporal Dominic C. 206. Specialist Donald R. McCune 256. Private First Class Luis A. Perez Brown 207. Sergeant Moses Daniel Rocha 257. Sergeant Edgar E. Lopez 299. Staff Sergeant Guy Stanley 208. Specialist Joshua I. Bunch 258. Airman First Class Carl L. An- Hagy, Jr. 209. Lance Corporal Larry L. Wells derson, Jr. 300. Sergeant Carl Thomas 210. Corporal Roberto Abad 259. Staff Sergeant Aaron N. 301. Lance Corporal Mathew D. Mr. EMANUEL. Mr. Speaker, I yield Holleyman Puckett to the gentleman from Washington 260. Specialist Joseph C. Thibodeaux 302. Corporal Adrian V. Soltau State (Mr. BAIRD). III 303. Corporal Jaygee Ngirmidol Mr. BAIRD. 261. Lance Corporal Nicholas Wilt Meluat 211. Private First Class David L. Pot- 262. Lance Corporal Nicholas Perez 304. Sergeant Jacob H. Demand ter 263. Captain Alan Rowe 305. Major Kevin M. Shea 212. Lance Corporal Jonathan W. Col- 264. First Lieutenant Ronald Win- 306. First Lieutenant Tyler Hall lins chester Brown 213. Civilian Rick A. Ulbright 265. Petty Officer Third Class Eric L. 307. Lance Corporal Drew M. Uhles 214. Captain Andrew R. Houghton Knott 308. Lance Corporal Gregory C. 215. Staff Sergeant John R. Howard 266. Sergeant Shawna M. Morrison Howman 216. Lance Corporal Tavon L. Hub- 267. Specialist Charles R. Lamb 309. First Lieutenant Andrew K. bard 268. Private First Class Ryan Mi- Stern 217. Captain Michael Yury Tarlavsky chael McCauley 310. Corporal Steven A. Rintamaki 218. Lance Corporal Nicholas B. Mor- 269. Staff Sergeant Gary A. Vaillant 311. Corporal Christopher S. Ebert rison 270. Staff Sergeant Elvis Bourdon 312. Sergeant Thomas Chad Rosen- 219. Lance Corporal Kane M. Funke 271. Specialist Tomas Garces baum 220. First Lieutenant Neil Anthony 272. Specialist Brandon Michael Read 313. Private First Class James W. Santoriello 273. Private First Class Devin J. Price 221. Sergeant Daniel Michael Shep- Grella 314. Sergeant Brandon E. Adams herd 274. Captain John J. Boria 315. Specialist Joshua J. Henry 222. Second Lieutenant James Mi- 275. Private First Class David Paul 316. Lance Corporal Steven C. T. chael Goins Burridge Cates 223. Private First Class Brandon R. 276. Lance Corporal Derek L. Gard- 317. Sergeant Foster L. Harrington Sapp ner 318. Private First Class Nathan E. 224. Private First Class Geoffrey 277. Lance Corporal Quinn A. Keith Stahl Perez 278. Lance Corporal Joseph C. McCar- 319. Staff Sergeant Lance J. Koenig 225. Private First Class Fernando B. thy 320. Private First Class Adam J. Har- Hannon 279. Corporal Mick R. Nygard- ris 226. Specialist Mark Anthony Zapata bekowsky 321. Sergeant Skipper Soram 227. Sergeant David M. Heath 280. Lance Corporal Lamont N. Wil- 322. Sergeant Benjamin K. Smith 228. Lance Corporal Caleb J. Powers son 323. Lance Corporal Aaron Boyles 229. Specialist Brandon T. Titus 281. Specialist Clarence Adams III 324. Lance Corporal Ramon Mateo 230. Lance Corporal Dustin R. Fitz- 282. Specialist Yoe M. Aneiros 325. Sergeant Timothy Folmar gerald 283. First Lieutenant Timothy 326. Second Lieutenant Ryan Leduc 231. Sergeant Harvey Emmett E. Price 327. Specialist David W. Johnson Parkerson III 284. Specialist Chad H. Drake 328. Specialist Clifford L. Moxley, Jr. 232. Specialist Jacob D. Martir 285. Lance Corporal Michael J. Allred 329. Specialist Robert Oliver Unruh 233. Private First Class Henry C. 286. Specialist Lauro G. DeLeon, Jr. 330. Captain Eric L. Allton Risner 287. Private First Class Jason L. 331. Specialist Gregory A. Cox 234. Sergeant Richard M. Lord Sparks 332. Sergeant First Class Joselito O. 235. Corporal Brad Preston McCor- 288. Sergeant James Daniel Faulkner Villanueva 333. Private First Class Kenneth L. mick 289. Specialist Michael A. Martinez 236. First Lieutenant Charles L. Wil- 290. Specialist Edgar P. Daclan, Jr. Sickels 334. Sergeant Tyler D. Prewitt kins III 291. Petty Officer Third Class David 335. Private First Class Joshua K. 237. Private First Class Ryan A. Mar- A. Cedergren Titcomb tin 292. First Lieutenant Alexander E. 336. Staff Sergeant Mike A. Dennie 238. Corporal Nicanor Alvarez Wetherbee 337. Specialist Rodney A. Jones 239. Sergeant Jason Cook 293. Private First Class Jason T. 338. Staff Sergeant Darren J. 240. Lance Corporal Seth Huston Poindexter Cunningham 241. Private First Class Nachez 294. Specialist Benjamin W. Isenberg Washalanta And I would like to conclude by ac- b 2100 242. Private First Class Kevin A. knowledging Regina Clark, who be- 339. Specialist Allen Nolan Cuming came the first Washington State 340. Sergeant Michael A. Uvanni 243. Gunnery Sergeant Edward T. woman to die in the war when a suicide 341. Sergeant Jack Taft Hennessy Reeder bomber attacked her convoy in 342. Sergeant Christopher S. Potts 244. Second Lieutenant Matthew R. Fallujah. She was one my constituents, 343. Sergeant Russell L. Collier Stovall a single mother who leaves behind an 344. Staff Sergeant James L. 245. Corporal Christopher Belchik 18-year-old son. Our thoughts and pray- Pettaway, Jr. 246. Staff Sergeant Robert C. Thorn- ers are with Regina’s son, the rest of 345. Staff Sergeant Richard L. Mor- ton, Jr. her family, and with the familes and gan, Jr. 247. Staff Sergeant Donald N. Davis loved ones of all our Nation’s fallen he- 346. Specialist Jessica L. Cawvey 248. Lance Corporal Jacob R. Lugo roes. 347. Private Jeungjin Na ‘‘Nikky’’ 249. Lance Corporal Alexander S. Mr. EMANUEL. Mr. Speaker, I yield Kim Arredondo to the gentlewoman from Illinois (Ms. 348. Specialist Morgen N. Jacobs 250. Specialist Charles L. Neeley SCHAKOWSKY). 349. Staff Sergeant Michael S. Voss 251. Specialist Marco D. Ross Ms. SCHAKOWSKY. 350. Sergeant Andrew W. Brown 252. Private First Class Nicholas M. 295. Staff Sergeant David J. 351. Private First Class Andrew Hal- Skinner Weisenburg verson

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.086 H27PT1 H5230 CONGRESSIONAL RECORD — HOUSE June 27, 2005 352. Private Carson J. Ramsey 407. Sergeant Carlos M. Camacho-Ri- Mr. PALLONE. 353. Private First Class James E. vera 463. Corporal Jarrod L. Maher Prevete 408. Private Justin R. Yoemans 464. Specialist Raymond L. White 354. Sergeant Pamela G. Osbourne 409. Specialist Brian K. Baker 465. Sergeant Byron W. Norwood 355. Private First Class Anthony W. 410. Lance Corporal Sean M. Langley 466. Lance Corporal Justin M. Ells- Monroe 411. Specialist Quoc Binh Tran worth 356. Staff Sergeant Michael Lee Bur- 412. Lance Corporal Thomas J. Zapp 467. Corporal Kevin J. Dempsey bank 413. Corporal Robert P. Warns II 468. Specialist Jose A. Velez 357. Private First Class Aaron J. 414. Specialist Don Allen Clary 469. Lance Corporal Benjamin S. Rusin 415. Staff Sergeant Clinton Lee Wis- Bryan 358. Private First Class Oscar A. dom 470. Lance Corporal Justin D. Martinez 416. Staff Sergeant David G. Ries McLeese 359. Corporal Ian T. Zook 417. Lance Corporal Branden P. 471. Lance Corporal Victor R. Lu 360. Specialist Christopher A. Ramey 472. Captain Sean P. Sims Merville 418. Lance Corporal Shane K. 473. Private First Class Cole W. 361. Lance Corporal Daniel R. Wyatt O’Donnell Larsen 362. Captain Dennis L. Pintor 419. Corporal Nathaniel T. Hammond 474. Sergeant Catalin D. Dima 363. Specialist Michael S. Weger 420. Specialist Bryan L. Freeman 475. Corporal Nicholas L. Ziolkowski 364. Specialist Jaime Moreno 421. Corporal Joshua D. Palmer 476. Corporal Andres H. Perez 365. Specialist Jeremy F. Regnier 422. Lance Corporal Jeffrey Lam 477. Corporal Dale A. Burger, Jr. 366. Lieutenant Colonel Mark P. 423. Lance Corporal Abraham Simp- 478. Lance Corporal George J. Payton Phelan son 479. Private First Class Isaiah R. 367. Major Charles R. Soltes, Jr. 424. Sergeant David M. Caruso Hunt 368. Second Lieutenant Paul M. 425. Sergeant John Byron Trotter 480. Lance Corporal Travis R. Felsberg 426. Staff Sergeant Todd R. Cornell Desiato 369. Lance Corporal Victor A. Gon- 427. Staff Sergeant Russell L. Slay 481. Lance Corporal Bradley L. zalez 428. Lance Corporal Nathan R. Wood Parker 370. Specialist Ronald W. Baker 429. Lance Corporal Nicholas D. 482. Lance Corporal Shane E. Kielion 371. Staff Sergeant Omer T. Hawkins Larson 483. Corporal Marc T. Ryan II 430. Corporal William C. James 484. Lance Corporal Jeramy A. Ailes 372. Specialist Bradley S. Beard 431. Lance Corporal Juan E. Segura 485. Sergeant Rafael Peralta 373. Private First Class Mark A. 432. Sergeant Lonny D. Wells 486. Lance Corporal James E. Swain Barbret 433. Command Sergeant Major Ste- 487. Captain Patrick Marc M. 374. Specialist Josiah H. Vandertulip ven W. Faulkenburg Rapicault 375. Private David L. Waters 434. Specialist Travis A. Babbitt 488. Lance Corporal Antoine D. 376. Specialist Alan J. Burgess 435. Master Sergeant Steven E. Smith 377. Corporal William I. Salazar Auchman 489. Corporal Lance M. Thompson 378. Specialist Jonathan J. Santos 436. Major Horst Gerhard ‘‘Gary’’ 490. Lance Corporal William L. Mil- Mr. EMANUEL. Mr. Speaker, I yield Moore ler to the gentlewoman from New York 437. Lance Corporal Wesley J. Can- 491. Private First Class Jose Ricardo (Mrs. MCCARTHY). ning Flores-Mejia Mrs. MCCARTHY. 438. Private First Class Dennis J. 492. Specialist Daniel James McCon- 379. Sergeant Michael G. Owen Miller, Jr. nell 380. Lance Corporal Brian K. 439. Staff Sergeant Michael C. 493. Staff Sergeant Marshall H. Schramm Ottolini Caddy 381. Captain Christopher B. Johnson 440. Corporal Romulo J. Jimenez II 494. First Lieutenant Luke C. 382. Chief Warrant Officer William I. 441. Lance Corporal Aaron C. Pick- Wullenwaber Brennan ering 495. Sergeant Christopher T. Heflin 383. Specialist Andrew C. Ehrlich 442. Staff Sergeant Gene Ramirez 496. Lance Corporal Louis W. Qualls 384. Sergeant Douglas E. Bascom 443. Lance Corporal Erick J. Hodges 497. Lance Corporal Michael Wayne 385. Lance Corporal Jonathan E. 444. First Lieutenant Dan T. Hanks Gadsden Malcom, Jr. 498. Lance Corporal Luis A. Figueroa 386. Sergeant Dennis J. Boles 445. Petty Officer Third Class Julian 499. Sergeant Joseph M. Nolan 387. Lance Corporal Richard Patrick Woods 500. Lance Corporal Michael A. Dow- Slocum 446. Lance Corporal Kyle W. Burns ney 388. Corporal Brian Oliveira 447. Second Lieutenant James P. 501. Lance Corporal Dimitrios 389. Staff Sergeant Jerome Lemon ‘‘JP’’ Blecksmith Gavriel 390. Private First Class Stephen P. 448. Staff Sergeant Theodore S. 502. Lance Corporal Phillip G. West Downing II ‘‘Sam’’ Holder II 503. Corporal Bradley Thomas Arms 391. Specialist Segun Frederick 449. Corporal Theodore A. Bowling 504. Lance Corporal Demarkus D. Akintade 450. Specialist Thomas K. Doerflinger Brown 392. Sergeant First Class Michael 451. Staff Sergeant Sean P. Huey 505. Specialist David L. Roustum Battles, Sr. 452. Corporal Peter J. Giannopoulos 506. Lance Corporal Joseph T. Welke 393. Sergeant Maurice Keith Fortune 453. Lance Corporal Justin D. 507. Sergeant Jack Bryant, Jr. 394. Private First Class John Lukac Reppuhn 508. Corporal Joseph J. Heredia 395. Sergeant Kelley L. Courtney 454. Lance Corporal Nicholas H. An- 509. Specialist Blain M. Ebert 396. Private First Class Andrew G. derson 510. Corporal Michael R. Cohen Riedel 455. Sergeant James C. ‘‘J.C.’’ 511. Sergeant Benjamin C. Edinger 397. Lance Corporal John T. Byrd II Matteson 512. Sergeant Nicholas S. Nolte 398. Corporal Christopher J. Lapka 456. Lance Corporal Brian A. Medina 513. Specialist Sergio R. Diaz Varela 399. Lance Corporal Travis A. Fox 457. Lance Corporal David M. 514. Private First Class Ryan J. 400. Lance Corporal Michael P. Scar- Branning Cantafio borough 458. Sergeant Jonathan B. Shields 515. Lance Corporal Jeffery Scott 401. Lance Corporal Jeremy D. Bow 459. First Lieutenant Edward D. Iwan Holmes 402. First Lieutenant Matthew D. 460. Corporal Brian P. Prening 516. Corporal Gentian Marku Lynch 461. Corporal Nathan R. Anderson 517. Private Brian K. Grant 403. Sergeant Charles Joseph Webb 462. Sergeant Morgan W. Strader 518. Private First Class Harrison J. 404. Specialist Cody L. Wentz Mr. EMANUEL. Mr. Speaker, I yield Meyer 405. Corporal Jeremiah A. Baro to the gentleman from New Jersey (Mr. 519. Lance Corporal Jordan D. 406. Lance Corporal Jared P. Hubbard PALLONE). Winkler

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.088 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5231 520. Lance Corporal Bradley M. Fair- 576. Lance Corporal Richard D. War- 632. Staff Sergeant William F. cloth ner Manuel 521. Lance Corporal David B. Houck 577. Private First Class Brent T. 633. Sergeant Robert Wesley Sweeney 522. Corporal Kirk J. Bosselmann Vroman III 523. Sergeant Michael A. Smith 578. Specialist Victor A. Martinez 634. Specialist Michael J. Smith 524. Specialist Jeremy E. Christensen 579. Corporal Michael D. Anderson 635. Private First Class Gunnar D. 525. Lance Corporal Joshua E. Lucero 580. Lance Corporal Franklin A. Becker 526. Lance Corporal Adam R. Brooks Sweger 636. Lance Corporal Matthew W. 527. Lance Corporal Charles A. Han- 581. Sergeant Barry K. Meza Holloway son, Jr. 582. Staff Sergeant Donald B. Farmer 637. Sergeant First Class Brian A. 528. Sergeant Trinidad R. 583. Sergeant Lynn Robert Poulin, Mack Martinezluis Sr. 638. Lance Corporal Juan Rodrigo 529. Staff Sergeant Michael B. 584. Specialist Thomas John Dostie Rodriguez Velasco Shackelford 585. Specialist Nicholas C. ‘‘Nick’’ 639. Corporal Paul C. Holter III 530. Sergeant Carl W. Lee Mason 640. Sergeant Jayton D. Patterson 641. Sergeant Nathaniel T. Swindell 531. Private First Class Stephen C. 586. Sergeant David A. Ruhren 587. Sergeant First Class Paul D. 642. Specialist Alain L. Kamolvathin Benish 643. Private First Class Jesus Fon- Karpowich 532. Sergeant Christian P. Engeldrum seca 588. Chief Petty Officer Joel Egan 533. Private First Class Wilfredo F. 644. Private First Class George R. Baldwin Urbina Geer 589. Specialist Cory Michael Hewitt 534. Specialist Daryl A. Davis 645. Private First Class Francis C. 590. Private First Class Lionel Ayro 535. Specialist Erik W. Hayes Obaji 536. Lance Corporal Blake A. 591. Specialist Jonathan Castro 646. Staff Sergeant Thomas E. 592. Captain William W. Jacobsen, Jr. Magaoay Vitagliano 537. Sergeant Jose Guereca, Jr. 593. Staff Sergeant Robert S. John- 647. Captain Christopher J. Sullivan 538. Sergeant Pablo A. Calderon son 648. Sergeant Kyle William Childress 539. Specialist David M. Fisher 594. Staff Sergeant Julian S. Melo 649. Captain Joe Fenton Lusk II 540. Gunnery Sergeant Javier Obleas- 595. Staff Sergeant Darren D. Van 650. First Lieutenant Nainoa K. Hoe Prado Pena Komen 651. Staff Sergeant Jose´ C. Rangel 541. Corporal Zachary A. Kolda 596. Sergeant Major Robert D. O’Dell 652. Sergeant Leonard W. Adams 542. Corporal Bryan S. Wilson 597. Lance Corporal Neil D. Petsche 653. Sergeant Michael C. Carlson 543. Private First Class George Dan- 598. First Lieutenant Christopher W. 654. Private First Class Jesus A. iel Harrison Barnett Leon-Perez 544. Specialist David P. Mahlenbrock 599. Lance Corporal Eric Hillenburg 655. Sergeant Javier Marin, Jr. 545. Staff Sergeant Henry E. Irizarry 600. Lance Corporal James R. Phil- 656. Staff Sergeant Joseph W. Ste- 546. Corporal Binh N. Le lips vens Mr. EMANUEL. Mr. Speaker, I re- 601. Corporal Raleigh C. Smith 657. Sergeant Brett D. Swank claim my time. 602. Staff Sergeant Todd D. Olson 658. Captain Paul C. Alaniz 547. Corporal Matthew A. Wyatt b 2115 659. Staff Sergeant Brian D. Bland 660. Corporal Jonathan W. Bowling 548. Sergeant Michael L. Boatright 603. Specialist Jose´ A. Rivera- 549. Sergeant Cari Anne Gasiewicz 661. Specialist Taylor J. Burk Serrano 662. Lance Corporal Jonathan Ed- 550. Staff Sergeant Salamo J. 604. Seaman Pablito Pen˜ a Briones, Tuialuuluu ward Etterling Jr. 663. Sergeant Michael W. Finke, Jr. 551. Sergeant David A. Mitts 605. Staff Sergeant Jason A. Lehto 664. First Lieutenant Travis J. Fuller 552. Corporal Joseph O. Behnke 606. Staff Sergeant Nathaniel J. 665. Corporal Timothy M. Gibson 553. Staff Sergeant Marvin Lee Trost Nyren 666. Corporal Richard A Gilbert, Jr. III 607. Private First Class Oscar 667. Captain Lyle L. Gordon 554. Staff Sergeant Kyle A. Eggers Sanchez 668. Corporal Kyle J. Grimes 555. Specialist Edwin William 608. Specialist Craig L. Nelson 669. Lance Corporal Tony L. Her- Roodhouse 609. Sergeant Damien T. Ficek nandez 556. Private First Class Andrew M. 610. Lance Corporal Jason E. Smith 670. Lance Corporal Brian C. Hopper Ward 611. Lance Corporal Brian P. Parrello 671. Petty Officer Third Class John 557. Corporal In C. Kim 612. Specialist Jeff LeBrun Daniel House 558. Captain Mark N. Stubenhofer 613. Sergeant Thomas E. Houser 672. Lance Corporal Saeed 559. Sergeant First Class Todd Clay- 614. Specialist Jimmy D. Buie Jafarkhani-Torshizi, Jr. ton Gibbs 615. Private Cory R. Depew 673. Corporal Stephen P. Johnson 560. Sergeant Arthur C. Williams IV 616. Specialist Joshua S. Marcum 674. Corporal Sean P. Kelly 561. Private First Class Christopher 617. Specialist Jeremy W. McHalffey 675. Staff Sergeant Dexter S. Kimble S. Adlesperger 618. Sergeant Bennie J. Washington 676. Sergeant William S. Kinzer, Jr. 562. First Lieutenant Andrew C. 619. Private First Class Curtis L. 677. Lance Corporal Allan Klein Shields Wooten III 678. Corporal Timothy A. Knight 679. Lance Corporal Karl R. Linn 563. Chief Warrant Officer Patrick D. 620. Sergeant Christopher J. Babin 680. Lance Corporal Fred L. Maciel Leach 621. Specialist Bradley J. Bergeron 681. Corporal James Lee Moore 564. Corporal Kyle J. Renehan 622. Lance Corporal Julio C. 565. Lance Corporal Gregory P. Rund 682. Corporal Nathaniel K. Moore Cisneros-Alvarez 683. Lance Corporal Mourad Ragimov 566. Specialist Robert W. Hoyt 623. Sergeant First Class Kurt J. 684. Lance Corporal Rhonald Dain 567. Lance Corporal Jeffery S. Comeaux Rairdan Blanton 624. Sergeant Zachariah Scott Davis 685. Lance Corporal Hector Ramos 568. Staff Sergeant Melvin L. Blazer 625. Specialist Huey P. L. Fassbender 686. Lance Corporal Gael Saintvil 569. Lance Corporal Hilario F. Lopez 626. Specialist Armand L. Frickey 687. Corporal Nathan A. Schubert 570. Corporal Jason S. Clairday 627. Specialist Warren A. Murphy 688. Lance Corporal Darrell J. 571. Corporal Ian W. Stewart 628. Private First Class Kenneth G. Schumann 572. Sergeant Jeffrey L. Kirk Vonronn 689. First Lieutenant Dustin M. 573. Lance Corporal Joshua W. Dick- 629. Private First Class Daniel F. Shumney inson Guastaferro 690. Corporal Matthew R. Smith 574. Private First Class Joshua A. 630. Corporal Joseph E. Fite 691. Lance Corporal Joseph B. Spence Ramsey 631. Specialist Dwayne James McFar- 692. Lance Corporal Michael L. Starr, 575. Sergeant Tina Safaira Time lane, Jr. Jr.

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.089 H27PT1 H5232 CONGRESSIONAL RECORD — HOUSE June 27, 2005 693. Sergeant Jesse W. Strong 748. Sergeant Frank B. Hernandez recognizing each of our fallen heroes by 694. Corporal Christopher L. Weaver 749. Sergeant Carlos J. Gil name on the floor of the people’s 695. Corporal Jonathan S. Beatty 750. Specialist Seth R. Trahan House. 696. Private First Class Kevin M. 751. First Lieutenant Adam Malson On behalf of my colleagues, I would Luna 752. Corporal Kevin Michael Clarke also like to take this opportunity to 697. Captain Orlando A. Bonilla 753. Specialist Clinton R. Gertson thank the brave men and women and 698. Private First Class Stephen A. 754. First Lieutenant Jason G. their families who continue to serve Castellano Timmerman our Nation in Iraq and Afghanistan. 699. Specialist Michael S. Evans II 755. Staff Sergeant David F. Day Our thoughts and prayers are with you 700. Sergeant Andrew K. Farrar, Jr. 756. Sergeant Jesse M. Lhotka and your families. 701. Chief Warrant Officer Charles S. 757. Corporal John T. Olson f Jones 758. Lance Corporal Trevor D. Aston HOMELAND SECURITY 702. Specialist Christopher J. 759. Staff Sergeant Eric M. Steffeney Ramsey 760. Sergeant Nicholas J. Olivier The SPEAKER pro tempore (Mr. 703. Staff Sergeant Jonathan Ray 761. Specialist Jacob C. Palmatier MCHENRY). Under the Speaker’s an- Reed 762. Staff Sergeant Daniel G. Gresh- nounced policy of January 4, 2005, the 704. Staff Sergeant Joseph E. am gentleman from Pennsylvania (Mr. Rodriguez 763. Staff Sergeant Alexander B. DENT) is recognized for 60 minutes as 705. Specialist Lyle W. Rymer II Crackel the designee of the majority leader. 706. Sergeant First Class Mickey E. 764. Specialist Michael S. Deem Mr. DENT. Mr. Speaker, tonight we Zaun 765. Specialist Jason L. Moski will be engaging in a discussion about 707. Civilian Barbara Heald 766. Specialist Adam Noel Brewer our Nation’s homeland security. I will 708. Lieutenant Commander Edward 767. Private First Class Colby M. be joined by several of my colleagues E. Jack Farnan here tonight who have some very inter- 709. Sergeant Lindsey T. James 768. Private First Class Chassan S. esting thoughts and perspectives they 710. Lieutenant Commander Keith Henry would like to share with the American Edward Taylor 769. Lance Corporal Andrew W. people on this most important issue. 711. Private First Class James H. Nowacki Homeland security is a matter of con- Miller IV 770. Private First Class Min-Su Choi cern to all Americans, irrespective of 712. Lance Corporal Nazario Serrano 771. Private Landon S. Giles their political affiliation. This is espe- 713. Lance Corporal Jason C. Redifer 772. Private First Class Danny L. An- cially true in the United States Con- 714. Lance Corporal Harry R. Swain derson gress. The Committee on Homeland Se- IV 773. Second Lieutenant Richard curity, of which I am a member, re- 715. Sergeant First Class Mark C. Bryan Gienau flects our national concern. In the last 6 months, our committee Warren 774. Sergeant Julio E. Negron 716. Corporal Christopher E. Zimny has sent to the floor of the House some 775. Specialist Lizbeth Robles 717. Specialist Robert T. Hendrickson very important legislation designed to 777. Specialist Azhar Ali 718. Lance Corporal Sean P. Maher make America’s borders, ports, and 778. Sergeant First Class Michael D. 719. Captain Sean Lee Brock transportation facilities less vulner- Jones 720. Lance Corporal Richard C. Clif- able to terrorist attack or other catas- 779. Sergeant Seth K. Garceau ton trophe. One such bill is H.R. 1544, the 780. Corporal Stephen M. McGowan 721. Sergeant First Class Sean Mi- Faster and Smarter Funding For First 781. Specialist Wade Michael chael Cooley Responders Act of 2005. Twyman 722. Sergeant Stephen R. Sherman Prior to this bill, grant funding for 782. Sergeant First Class Donald W. 723. Sergeant Daniel Torres first responders tasked with responding 724. Staff Sergeant Steven G. Bayow Eacho to homeland emergencies was provided 725. Lance Corporal Travis 783. Captain Sean Grimes in equal percentage to all States with M. Wichlacz 784. Specialist Adriana N. Salem an allowance upward for population. 726. Specialist Jeremy O. Allmon 785. Staff Sergeant Juan M. Solorio Because these funds are distributed 727. Staff Sergeant Zachary Ryan 786. Sergeant Andrew L. Bossert without regard to safeguarding against Wobler 787. Private First Class Michael W. risk, there were many documented 728. Specialist Jeffrey S. Henthorn Franklin abuses within the system. Of the $6.3 788. Specialist Matthew A. Koch 729. Sergeant Jessica M. Housby billion in grants appropriated by Con- 789. Petty Officer First Class Alec 730. Staff Sergeant William T. Rob- gress and awarded by the Department Mazur bins of Homeland Security since fiscal year 790. Specialist Nicholas E. Wilson 731. Lance Corporal Richard A. 2002, only 31 percent of those funds 791. Staff Sergeant Donald D. Griffith Perez, Jr. have been spent. Let me repeat: of the Jr. 732. Staff Sergeant Kristopher L. $6.3 billion in grants appropriated by 792. Lance Corporal Joshua L. Shepherd Congress and awarded by the Depart- Torrence 733. Specialist Robert A. McNail ment of Homeland Security since fiscal 793. Specialist Paul M. Heltzel 734. Staff Sergeant Ray Rangel year 2002, only 31 percent of those 794. Staff Sergeant Ricky A. Kieffer 735. Sergeant Chad W. Lake funds have been spent. 736. Sergeant Rene Knox, Jr. 795. Staff Sergeant Shane M. Koele My own home State of Pennsylvania, 737. Specialist Dakotah L. Gooding 796. Specialist Rocky D. Payne that State has only spent 17 percent of 738. Private First Class David J. 797. Private First Class Lee A. Lewis these homeland security funds. Hun- Brangman Jr. dreds of millions of dollars earmarked 739. Sergeant First Class David J. 798. Specialist Jonathan A. Hughes for homeland projects are currently un- Salie 799. Sergeant Paul W. Thomason III accounted for. Moreover, in some in- 740. Private First Class Michael A. Mr. Speaker, I would like to thank stances, local communities received Arciola the Members from both sides of the these funds, but utilized them in ways 741. Specialist Justin B. Carter aisle who have participated over the that were not consistent with the pro- 742. Specialist Katrina Lani Bell- last two days in reading the names into motion of our homeland security. Johnson the CONGRESSIONAL RECORD of those 743. Specialist Joseph A. Rahaim fellow citizens who have fallen both in b 2130 744. Sergeant Timothy R. Osbey Iraq and in Afghanistan. My colleagues The chart I have here, and I will have 745. Sergeant Adam J. Plumondore and I will continue this tribute on those displayed in a moment, but these 746. Staff Sergeant Jason R. Hendrix other evenings as we finish up the over charts that I have here highlight some 747. Sergeant Christopher M. 1,900 fellow Americans who have given of the most egregious examples of Pusateri their lives, and intend to continue by misspent homeland security funds:

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.091 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5233 In Washington, DC, Dale Carnegie H.R. 1544 has become a key part of the lion to our first responders, including public speaking training for sanitation national security reforms necessitated terrorism prevention and preparedness, workers, $100,000 was spent. These were by the September 11 attacks. general law enforcement, firefighter homeland security dollars we are talk- The second piece of legislation that assistance, airport security, seaport se- ing about. reflects the Homeland Security Com- curity, and public health preparedness. Again in Washington, DC, a rap song mittee’s bipartisan commitment to the And this year’s share of that funding to teach children emergency prepared- preservation of homeland security is comes to approximately $3.6 billion. ness, $100,000. H.R. 1817, the Homeland Security Au- Finally, H.R. 2360 goes a long way to- Santa Clara County, California, four thorization Act for fiscal year 2006. ward helping us to maintain security Segway scooters to transport bomb This act promotes our national secu- at our transportation hubs and places squad personnel at a cost of $18,000. rity in a number of different areas. To deemed to be critical infrastructure. Mason County, Washington, bio- help secure our porous borders it au- We have directed moneys for air cargo chemical decontamination units left thorizes funds to hire 2,000 new border security, rail security and trucking se- sitting in a warehouse for more than a patrol agents. In addition, it provides curity. We have earmarked $1.3 billion year, with no one trained to use it, $40 million so that local law enforce- toward research and development, in- $63,000. ment agencies have access to the train- cluding $651 million to develop radio- South Dakota, on-site paging system ing required to apprehend illegal immi- logical, nuclear, chemical, biological for the State agricultural fair at grants, some of whom may be involved and high explosives countermeasures $29,995. in terrorist activities. To safeguard the designed to protect power plants, other Converse, Texas, a trailer to trans- cargo coming into our ports, it pro- industrial properties, and the people port lawnmowers to lawnmower drag vides money to promote risk-based that work in or live near those par- races, $3,000. screening of containers in transit to ticular facilities. These programs are Des Moines, Iowa, traffic cones, State the United States. The Container Secu- expensive, but no mission is more im- of Missouri, 13,000 HazMat suits for every law enforcement official at $7.2 rity Initiative, or CSI, is a Department portant than safeguarding the country million. of Homeland Security initiative or pro- against the threat of attack by chem- Tiptonville, Tennessee, purchases to- gram that places customs employees at ical, biological or nuclear agents, un- taling $183,000 including a Gator all- 36 foreign ports to target and inspect thinkable attacks, and we are doing all terrain vehicle at $8,700 and two these containers before they can gain we can to protect ourselves. defibrillators, one for use at high entry to the United States. H.R. 1817 These three bills, taken together, the school basketball games, $5,200. not only funds the existing program, First Responders Act, the Homeland Washington, DC, computerized car but also makes provisions to expand in- Security Authorization Act, and Home- towing service, $300,000. Again, we are spections to approximately 50 ports. land Security Appropriations Act re- talking about homeland security funds Finally, with regard to deterring a veal that the gentleman from Cali- here. nuclear or biological attack, the act fornia (Chairman COX), an extraor- Montgomery County, Maryland, 8 promotes the improvement of the de- dinary man who the President quite large screen plasma television mon- partment’s intelligence-gathering ca- wisely nominated to become the head itors for $160,000. pabilities that is necessary to detect of the Securities and Exchange Com- Prince Georges County, Maryland, incoming threats and to develop the mission, he has done an outstanding digital camera system used for mug means to prevent these efforts. job. Chairman COX and the rest of the shots at a half million dollars. H.R. 1817 provides the authorization Homeland Security Committee possess Newark, New Jersey, air-conditioned to maintain the funds necessary to the highest possible commitment to garbage trucks at a quarter million keep the country secure, while H.R. keeping our Nation safe from terrorist dollars. 2360, the Homeland Security Appropria- attack and from other catastrophic H.R. 1544 seeks to rectify this deplor- tions Act for Fiscal Year 2006, appro- events. While all these measures were able situation by awarding grant funds priates the moneys required to do the thoroughly debated in the committee, based on risk. It requires that moneys job. Our committee has approved $30.85 they all passed to the floor with rel- be disbursed to those areas where billion for operations and activities of ative ease, a testament to the timeless threat vulnerability and consequence the Department of Homeland Security. adage that so aptly characterizes our of attack is the greatest. It provides This represents an increase of $1.37 bil- political process. In America, debates priority assistance to those first re- lion over fiscal year 2005 and $1.3 bil- over homeland security, like those responders and first preventers that in lion above the President’s budget regarding partisan politics, end at the fact are facing the highest risk. It quest. As with the authorization bill, water’s edge. streamlines the process by which local border security is a high priority in And with that I would like now to authorities can apply for and receive this legislation. We have appropriated turn to some of my colleagues who terrorism preparedness grants. It es- $1.61 billion for border security and an have joined me here tonight from the tablishes specific flexible and measur- additional $3.2 billion for customs en- Homeland Security Committee, each of able goals for the Department of Home- forcement, which will allow the Bureau whom, many of whom, bring very inland Security and promotes the devel- for Immigration and Customs Enforce- teresting skills and background to this opment of national standards for first ment, or ICE, to hire an additional 150 issue. And the first Member of the com- responder equipment and training. It criminal investigators and 200 immi- mittee I would like to draw your atten- encourages regional cooperation to in- gration enforcement agents. We have tion to introduce is a good friend, my crease emergency preparedness. It fol- appropriated $188 million to develop ve- colleague from the 10th district of lows the recommendations of the 9/11 hicle and cargo inspection technologies Texas. In addition to working on the Commission which had this to say and we have given the Coast Guard $2.6 International Relations and Science about the prior funding formula: billion to perform its homeland secu- Committees, he also serves with me on, ‘‘Homeland Security assistance should rity missions. as I mentioned, the Homeland Security be based strictly on an assessment of H.R. 2360 also helps local first re- Committee where he is assigned to the risks and vulnerabilities. Federal sponders perform their vital homeland Subcommittee on the Prevention of Homeland Security assistance should security mission. Among other expend- Nuclear and Biological Attack and the not remain a program for general rev- itures we have earmarked $200 million Subcommittee on Management, Inte- enue sharing. It should supplement for a first responders training, $400 mil- gration and Oversight. State and local resources based on the lion for State and local law enforce- My colleague is a former Texas dep- risk or vulnerabilities that merit addi- ment terrorism prevention programs uty attorney general and chief of ter- tional support. Congress should not use and $600 million for firefighter grants. rorism and national security in the De- this money as pork barrel.’’ That was Since September 11, 2001, Congress has partment of Justice for the Western the 9/11 Commission. provided over $32 billion to first re- Judicial District of Texas. Further, be- By directing grant funding to threat- sponders. Again, since September 11, cause of his expertise in homeland se- ened areas without regard to politics, 2001, Congress has provided over $32 bil- curity affairs, the Governor of Texas

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.094 H27PT1 H5234 CONGRESSIONAL RECORD — HOUSE June 27, 2005 appointed him to be the adviser to the tion, immigration enforcement, and re- And that in a State which claims an Governor’s office on homeland secu- lated activities in the 109th Congress. international border, the Western rity. So with that, I would like to in- When combining the homeland secu- White House, and a prominent State troduce to all of you my good friend rity authorization and appropriations capital. from the 10th District of Texas (Mr. bill that the House has passed, Con- Texas and other States like New MCCAUL). gress has supplied funding for all 2,000 York should be receiving more money Mr. MCCAUL. Mr. Speaker, I would new border patrol agents that were rec- than those other States with fewer tar- like to also thank the gentleman from ommended by the 9/11 Commission and gets. And by closing these gaps in the Pennsylvania (Mr. DENT) for managing fully authorized by last year’s intel- defense of our homeland, we have this important debate on probably ligence reform bill. These agents will learned what our weaknesses are and what is the most important issue fac- have greater authority to detain and how to better prepare for, defend ing this Nation today. As we heard the incarcerate illegal immigrants, instead against, and preempt a terrorist plot. names of the men and women who of sending them back into our commu- Those like al Qaeda who wish to do served in Iraq and Afghanistan who nities with a notice to appear in court, harm to America have a track record paid the ultimate sacrifice just a few something very few abide by. of being patient and conspiring until minutes ago in this Chamber, I say to Indeed, we do not have to look too they succeed in their terrorist agenda. the families, we remember. We thank far back in history to see an example of In my former job, I was chief of coun- you. We will never forget. this when Ramsey Yusef entered our terterrorism in the Justice Depart- Every day I meet, it is part of our country in 1992 and was apprehended. ment, I had the Mexican border, the job, we meet with the families who He too was given a notice to appear. He State capital, I had the President’s have lost loved ones over there. And too failed to show up to the hearing, ranch. I can tell you the threat is very they all tell me the same thing, and and instead he joined his fellow col- much still alive in this country, and we that is, finish the job; I do not want my leagues from the bin Laden academy to need to give law enforcement every tool necessary to protect us and to son to have died in vain. And finish the join the first al Qaeda cell in the fight this war on terror not just abroad job we will. We thank you for your sac- United States. He then conspired to rifice fighting this war on terror but at home. blow up the World Trade Center. Fortu- And with that in mind, this body has abroad so that we do not have to face nately, he was not successful. But that it here at home. And it has made this moved to address that threat. The day would come later and his dream House passage of the 2006 Homeland Se- Nation more secure in our homeland. would be realized with Osama bin Back home, this Congress has moved curity Authorization and Appropria- Laden’s dream to bring down the tow- tions Act and Faster and Smarter faster than ever in passing legislation, ers that fateful day. which, among other things, fulfills the Funding For First Responder Act send 9/11 Commission’s recommendations by b 2145 a clear message to our enemies that we bolstering the security along our bor- But I say to you, the days of this will not stand idly by while they plot ders and sending the badly needed catch-and-release policy are numbered. to do harm to our Nation. As the President stated, we will not funding to those areas of our Nation Congress has also worked hard to en- waiver, we will not tire, we will not fal- that terrorists still see as targets. In- sure that when border patrol agents ter, and we will not fail. Peace and deed, recently the Homeland Security catch undocumented aliens, we now freedom will prevail. have somewhere to hold them before Committee visited Ground Zero. The Mr. DENT. The next speaker tonight tragic events of 9/11 are still very much they are extradited. Congress has fund- who will be joining us in this discuss alive and well in that city. We met ed over 4,000 new detention beds to help on homeland security is another good with the police commissioner. We met our Federal law enforcement uphold friend who brings to us a great deal of with the Liberty Street Firehouse, the our Nation’s immigration laws. experience. I would like to introduce to fallen heroes, the families who sur- Our Federal law enforcement officers you now my colleague from the third vived that tragic day, who lost so are being stretched too thin and being district of California. In addition to many people. And I can tell you, you asked to do too much. According to working on the Committee on the Judi- can feel it. It is as if it happened just current law, immigration laws can ciary and the Committee on the Budg- yesterday. only be enforced by Federal law en- et, he also serves with me on the Com- And everything we do in this Con- forcement officials. Couple that with mittee on Homeland Security where he gress is to provide the tools necessary existing sanctuary policies in most of is assigned to the Subcommittee on to ensure that another 9/11 never hap- our big cities and one can easily see Prevention of Nuclear and Biological pens again in this country. The need why our Federal officers have such a Attack and the Subcommittee on Intel- for this hard-hitting legislation comes difficult time enforcing the laws on our ligence, Information Sharing, and Ter- from the United States grave and grow- borders. rorism Risk Assessment. ing problem with undocumented aliens. This is why I offered an amendment My colleague is a former attorney An estimated 8 to 12 million undocu- to the Homeland Security Authoriza- general for the State of California, that mented aliens are here in the United tion Bill that would fund local law en- State’s top law enforcement officer; States, and it is also estimated that forcement training at Federal facilities and he is strongly committed to en- two slip across the border for every one in order to create a force multiplier so hancing the quality and depth of con- that is apprehended. That means that that our Federal law enforcement gets gressional oversight of our govern- almost 3 million undocumented aliens the assistance it needs. ment’s intelligence gathering and anal- enter our country every year; to put it These additions will crack down on ysis in the provision of homeland secu- in perspective, roughly the size of the illegal immigration in between our rity. I would like to introduce the gen- city of Dallas. And in the post-9/11 borders and ultimately lessen the tleman from California (Mr. DANIEL E. world, these figures no longer represent threat of terrorism. LUNGREN). just an immigration problem, but rath- Congress has also passed legislation Mr. DANIEL E. LUNGREN of Cali- er one of national security. to make America’s first responders fornia. Mr. Speaker, I thank the gen- This Nation is being compromised by more expeditious and more effective by tleman and commend him for having our inability to identify those who are improving the process by which they this Special Order. coming into our country. And I am receive their resources. The Faster and When we talk about homeland secu- convinced that the first step we need to Smarter Funding For First Responders rity, we have to talk about those inves- take to solve this problem is to secure Act guarantees that the States with tigative techniques that are necessary our borders and to better enforce the the biggest risk and the greatest for us to be able to forestall terrorism, laws currently on the books. Congress threats receive the necessary funding terrorist attacks on our homeland; and knows that immigration plays a major to protect their communities. My home one of the points I would like to make part in our national security. Accord- State of Texas, for example, currently is prompted by comments that aids to ingly, we have provided more than $1.5 ranks last in the amount of homeland the ranking Democrat on the Com- billion in spending for border protec- security dollars received per person. mittee on the Judiciary of the United

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.095 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5235 States Senate said that he would intro- that they are not dangerous or they are the witness’s confinement actually of- duce legislation aimed at limiting the willing to tell you what they know fend the witness’s fundamental rights, government’s ability to detain mate- rather than flee. counsel may submit a habeas corpus rial witnesses indefinitely. What do you do? It would be irre- petition seeking the witness’s imme- The reason I mention this is that this sponsible to do nothing, but you can- diate release. is just a part of an overall criticism of not watch these people 24–7. There are Mr. Speaker, I have to ask, how is this technique of the investigative not anywhere close enough agents for that Kafkaesque? How is that somehow community. As a matter of fact, the that. Well, the law does not require putting people outside the bounds of New York Times recently described it you to do nothing. The law which ex- law? How is that having this adminis- this way: that we, that is the Federal isted before 9/11 but used here permits tration twisting the Constitution in Government, are ‘‘thrust into a the government to detain people for a some way? Kafkaesque world of indefinite deten- brief time in order to compel their in- It is, I would suggest, Mr. Speaker, tion without charges, secret evidence, formation either in the grand jury or this kind of hyperbole, this kind of and baseless accusations.’’ Dozens of some other court proceedings. misstatement which makes it more dif- people, some were held for weeks and Contrary to what you might think ficult for us to do our duty with re- even months and the majority were from the latest spate of coverage and spect to homeland security. We need to never even charged with a crime. The from the comments to aides of the have those investigative tools that Times seethes, did ‘‘the Bush adminis- ranking member of the Judiciary Com- have been used against organized tration twist the American system of mittee on the Senate side, the govern- crime, that have been used against or- due process.’’ ment may not sweep innocent people ganized drug dealers and organizations. An interesting article appeared today up and hold them in secret. We need to be able to use those same in the National Review by Andrew While grand jury proceedings are sup- investigative techniques, those same McCarthy, who is a former Federal posed to be kept from the New York prosecutorial tools against those who prosecutor who has actually prosecuted Times, for instance, they are not kept would destroy us as a Nation, against some of the major terrorist cases in secret from the court. A prosecutor has those who have allied with those who this country, that aptly responds to to go to court and get a material wit- have said it is their duty to kill any these criticisms of this effort by the ness arrest warrant. This means the ar- American, man, woman or child, any- Federal law enforcement community. rest does not happen unless the govern- where in the world, combatant or non- ment satisfies a Federal judge that He says, In point of fact, material combatant. witness detentions have been with us there is a reasonable basis to believe, We are in a new world, a world of ter- for decades pursuant to duly enacted A, the person at issue has information ror, in which we have to respond in law, that is, section 3144 of title 18 of that would be important to an ongoing ways that, yes, are consistent with the the U.S. Code. They were used count- investigation and, B, the person might Constitution, but ways that allow us to less times prior to 9/11. Hysteria aside, flee without providing that informa- protect ourselves in a proper and force- tion to the grand jury or the court unit should come as no surprise that ful way. And these kinds of criticisms less the person is detained until his these are detentions without charges that come from the outside, whether it since by definition the person being de- testimony can be secured. And that is not all. Mr. McCarthy is with respect to Guantanamo or tained is being detained as a witness, goes on to tell us the arrested witness, whether it is with respect to the use of not being charged with a crime. even though he is not being charged laws which allow our application of the What would require baseless accusa- with a crime, is given the same kinds law against material witnesses, these tions would be to hold such a person as of protections that are afforded to ac- kinds of attacks weaken our ability to a defendant, which is precisely what tual defendants. The witness must do the job. the government refrains from doing in promptly be presented upon arrest to a And with respect to my second point, detaining on material witness law. The judge so that a neutral official can ad- let me talk briefly about what we have proceedings, moreover, involve secret vise him of why he is being held. More done here in the House of Representa- evidence only in the sense that all pro- significantly, counsel is immediately tives to respond to the demand for us ceedings before the grand jury, whether appointed for him at public expense if to respond to this unique challenge they involve terrorism, unlawful gam- he cannot afford an attorney. Indeed, if that is the challenge of terrorism. bling or anything in between, are se- he is a foreign national, the United One cannot criticize a Congress for cret Under Federal law. The left of States is obligated by law to advise responding as best it could in the di- course well knows that when investiga- him that he is right to have his con- rect aftermath of 9/11. One cannot criti- tive information about its champions sulate advised of his arrest. And fre- cize Congress for doing as Congress al- seeps into the public domain, it rou- quently the consulate will not only ob- ways does in attempting to respond to tinely complains about the reprehen- tain counsel on behalf of its citizen but some problems, throwing money at it. sible violation of grand jury secrecy will also closely monitor the case, in- But one can criticize Congress at a rules, a useful diversion from dealing cluding by demands for information time it has to take a pause and look at with the substance of any suspicions. from the U.S. State Department. what it has done and seen what it can Mr. McCarthy goes on, There were The lawyer is given information perhaps do better. And that is what we many, many people who were identified about why the witness is being de- have done with the various bills that in that investigation of having had tained. Counsel is permitted to be we have passed out of the House that some connection or another with the 19 present at any interview of the witness were mentioned by the gentleman from suicide attackers and their al Qaeda by the government. And although Texas (Mr. MCCAUL). support network. Some of those con- counsel is not permitted to accompany One of the things that we did in that nections seem intimate, some attenu- the witness inside the Federal grand was respond to the recommendations of ated; but all of them had to be run jury, no witness, material or otherwise, the 9/11 Commission report when they down. Just imagine what the 9/11 Com- has that right, the government is not said homeland security assistance mission would have said if they had not permitted to interview the witness out- should be based strictly on an objec- been. side the grand jury unless counsel al- tive, non-political assessment of risks So here is the problem, says Andrew lows it. and vulnerabilities. These assessments McCarthy. You identify a large number In addition, at any time during the should consider the threat of an at- of people who at a minimum have in- course of the detention, counsel is per- tack, localities vulnerability to an at- formation that might be vital to pro- mitted to make a bail application to tack, and the possible consequences of tecting against terrorist attacks and the court; and if the judge is satisfied an attack. who might in fact be terrorists or at that the bail offered vitiates the risk of Secondly, they told us, Congress least facilitators. It is very early in the flight, the witness is freed on the prom- should not use this money as a pork investigation, so you do not have suffi- ise to appear for his testimony. barrel. Third, they said, Federal home- cient evidence to charge them with a Furthermore, if at any point the land security assistance should not re- crime or to say conclusively either length of detention or the condition of main a program for general revenue

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.096 H27PT1 H5236 CONGRESSIONAL RECORD — HOUSE June 27, 2005 sharing. Fourth, they told us, the Fed- Congress are required to provide the respond to other crime needs in our eral Government should develop spe- oversight to ensure that there are not community and work with local police cific benchmarks for evaluating com- abuses in the system and to ensure departments and local school districts. munity needs and require that spend- that no prosecutor, no law enforcement Then in the 1980s, we moved ahead ing decisions be made in accordance agent takes advantage of those tools and we actually ended up with some with those benchmarks. Fifth, they we have given them, we also must additional tools. We look back to 1972, told us, each State receiving funds make sure that they are not cowed by and we think about what did we have should provide an analysis of how funds criticism from doing the job that they for tools? We had a police car, a gun are allocated and spent within the need to do. and a badge essentially, and a pair of State. I thank the gentleman for the time. handcuffs. As we moved forward into Finally, they said, each city and Mr. DENT. Mr. Speaker, I would like the 1980s and into the 1990s, we ended State should have a minimum infra- to thank the gentleman from Texas up with tools like DNA, an automated structure for emergency response. (Mr. MCCAUL) and the gentleman from fingerprint identification system, and I California (Mr. DANIEL E. LUNGREN). I know it sounds funny, but computers b 2200 think we have heard quite clearly from started to come onto the scene. So we This is precisely what we have done these individuals who have tremendous added those tools to our arsenal of with the two bills that have been men- and deep experience in law enforce- crime-fighting weapons. tioned before. We have said that ra- ment in their States. They bring a per- Then we find ourselves in the 1990s, tional risk assessment should drive our spective here that is very valuable to also in the middle of community polic- strategy, should drive our tactics and the Committee on Homeland Security ing and our efforts to work with the should drive our funding. and, frankly, to the security of our Na- community to solve not only crime in The House Committee on Homeland tion. the communities but to improve the Security, with the leadership of the The next person I would like to intro- quality of life, to interact with leaders gentleman from California (Chairman duce tonight also has a great deal of of the community, to sit down and lis- COX), reported out the Faster and experience in law enforcement. Actu- ten to their needs and concerns and Smarter Funding for First Responders ally, he has 33 years of experience as a come to some solutions for their neigh- Act. This bill will reduce the across- first responder. He was the sheriff of borhoods, even as far as painting over the-board formula for providing home- King County, Washington. That is the graffiti and towing away old cars. That land security funds to State and local Seattle area, for those of you not from was what police officers did in the responders from .75 to .25 percent. the State of Washington, but the gen- 1970s, 1980s and 1990s. Therefore, under this bill, a greater tleman from Washington’s (Mr. Then came along September 11 and amount of funds will be disbursed sole- REICHERT) Eighth District, again, is our role changed forever, and as my ly based on risk assessment. just loaded with experience as a first good friend, the gentleman from Cali- In April of this year new-Secretary responder or a first preventer. fornia (Mr. DANIEL E. LUNGREN) just Michael Chertoff testified before our Mr. Speaker, I yield to the gentleman said, we now live in a different world. committee regarding the need within from Washington (Mr. REICHERT), my After September 11, the role of the DHS to promote risk-based colleague, former sheriff and extraor- first responder has changed. It still in- prioritization and management. He dinary member of the Committee on cludes those things that I just talked said one of the goals before him is to Homeland Security. about, the stuff that cops do every day, ‘‘build a culture in which the disparate Mr. REICHERT. Mr. Speaker, I thank helping people, arresting crooks, crimi- pieces of information are being trans- my good friend from Pennsylvania and nals on the streets of our cities across mitted to our analysts so that they, commend him for sponsoring this hour this country, but the added responsi- who have the benefit of the fuller pic- tonight. bility now of also being a part of the ture, can properly analyze all of our in- We have heard about the Faster team and protecting our homeland, and formation and inform our decision- Smarter First Responder Act. We have they truly are on the front line of that making.’’ We do need to make in- talked about risk assessment. We have effort. formed decisions. talked about the PATRIOT Act. We In our local community in Seattle we So, Mr. Speaker, I thank the gen- have talked about better cooperation have a Joint Analytical Center where tleman for having this Special Order and those things that we have done as police officers from local police depart- this evening for us to have an oppor- members of the Committee on Home- ments are assigned to the Federal in- tunity to recount some of the things land Security to support first respond- telligence task force. We have a re- that are necessary for us to do to pro- ers. gional intelligence task force gath- vide for the defense of our homeland As a freshman Member and law en- ering information within our specific and understand that this threat re- forcement officer of 33 years, as my region in the Northwest and sharing mains. friend has indicated, I am honored to with the FBI Joint Analytical Center. The biggest challenge we have here be a member of the Committee on That information is analyzed, today is that the longer we are success- Homeland Security to represent the prioritized, and then assigned to the ful in forestalling terrorist attacks, the thoughts, ideas, needs and concerns of joint terrorism task force where, again, more difficult it is to explain to people first responders across the Nation. The local police detectives are a part of and why we need to continue to keep our role of the first responder has changed member of and participate in inves- defenses up, the harder it is to explain since September 11, and it is important tigating and following up those leads that these things do not happen by that we recognize that and equip them that are prioritized by the analytical happenstance. Rather, it is because of accordingly. In the first months of this center. Every day, cops on the streets strong work done by brave men and session, we have given them priority today are following up leads to find women involved in the protection of risk-based funding and brought them terrorists, people who are in this coun- our homeland that allow us to be safer into important homeland security deci- try to do us harm, and we in the Com- than we would be otherwise. sions. mittee on Homeland Security are here The worst thing we could possibly do What I want to do tonight is to really to support that effort. is to not maintain our persistence and focus on where the rubber meets the We would have never thought years our dedication, our true dedication to road and to just take a moment to look ago that police officers on the street doing those things that are necessary back and then take a look forward. would have to respond to calls or train to protect it, despite the criticism of Where were first responders in 1972 in HazMat uniforms. We would have those who easily look at law enforce- when I started out as a cop, as a 21- never thought 5, 10, 15 years ago that ment, look at homeland security, the year-old, naive police officer? The we would have had to worry about our community, and saying they are going things that we did back in 1972 through police officers and first responders re- too far too fast. the 1970s and into the 1980s was to responding to a dirty bomb, a biothreat, Contrary to that, we know we have spond to crime, to operate from our po- or some other weapon of mass destruc- not done enough, and while we in the lice cars and answer burglary calls and tion, but these are the things today

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.097 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5237 that our local police officers are trying paid for but never installed; sensitive rorists to utilize phony or temporary to deal with, and it is a tough, tough equipment that failed to meet elec- licenses or secure cover for their nefar- job. trical codes; an operations center ious activities here in the U.S. As the So let us not forget them. Let us sup- where contractors and government em- 9/11 Commission states: ‘‘It is ele- port them and we will continue to do ployees did little or no work for over a mental to border security to know who our work on the Committee on Home- year; and not surprisingly, numerous is coming into the country. Today land Security, and I am proud to be a cost overruns. To top it off, in Sep- more than 9 million people are in the member of that committee. tember 2004, the GSA abruptly ended United States outside the legal immi- I thank the gentleman so much for the maintenance contract. This left ap- gration system. All but one of the 9/11 the time to speak tonight on the role proximately 70 border sites without hijackers acquired some form of U.S. of first responders. monitoring equipment. identification document, some by Mr. DENT. Mr. Speaker, I would like Mr. Speaker, the American people defraud. to thank the gentleman from Wash- serve better. What we have here, plain b 2215 ington (Mr. REICHERT) for sharing his and simple, is a case of gross mis- ‘‘Acquisition of these forms of identi- thoughts and perspectives with us, management of a multimillion-dollar fication would have assisted them in again a 33-year first responder and po- contract. This agreement has violated boarding commercial flights, renting lice officer from the Seattle year. Federal contracting rules, and it has cars, and other necessary activities.’’ Now, I yield to the gentleman from wasted taxpayers’ dollars. Worst of all, Alabama (Mr. ROGERS), another fine in- That is from the 9/11 Commission. it has seriously weakened our Nation’s The REAL ID Act also makes it easi- dividual, member of the committee, border security. er to deny asylum to and deport would- from the Third District of Alabama. In Before DHS spends another $2.5 bil- be terrorists. Prior to REAL ID, indi- addition to working on the Committee lion on a replacement system known as viduals who allegedly committed cer- on Armed Services and the Committee the America’s Shield Initiative, we tain terrorist acts could be denied ad- on Agriculture, he also serves with me need to first fix the system we have mission to the U.S., but an anomaly on the Committee on Homeland Secu- got. With Federal dollars scarce and within U.S. immigration law provided rity where he is assigned to the Sub- budgets tight, it is vital that the that once here, individuals who had committee on Emergency Prepared- American people know what they are committed these same acts could not ness, Science, and Technology and getting. be deported. The REAL ID Act rectifies chairs the Subcommittee on Manage- Thanks to the work of this Congress this situation. ment, Integration, and Oversight. As and many of my colleagues here to- In addition, terrorist organizations chairman of this subcommittee, my night, we are improving the safety of have been using front organizations colleague is very concerned about mak- America’s homeland, but we still have and alleged charities to support and ing sure that the Department of Home- a ways to go. As we move forward, I provide cover for their terrorist activi- land Security operates in the most effi- hope we can continue to address these ties. As President Bush has stated, cient and effective and transparent issues at DHS. ‘‘International terrorist networks way possible. I thank my colleagues on both sides make frequent use of charitable or hu- With that, I yield to the gentleman of the aisle for their support. manitarian organizations to obtain from Alabama (Mr. ROGERS). Mr. DENT. Mr. Speaker, I want to clandestine, financial and other sup- Mr. ROGERS of Alabama. I thank thank the gentleman from Alabama for port for their activities.’’ Money given the gentleman from Pennsylvania (Mr. his comments as well and appreciate to terrorist organizations is fungible. DENT) for organizing this discussion to- his leadership on the Committee on Unfortunately, prior to the act, an night. It is vital we take the time to Homeland Security. alien could provide funding or other talk about these important issues, and I would now like to further this con- material support to many terrorist or- I appreciate the gentleman’s efforts to versation tonight, this Special Order ganizations and then escape deporta- highlight some of our accomplishments and this discussion with the American tion merely by claiming he did not this evening. people, and I would like to say a few know the funds would be spent on Mr. Speaker, this Congress has done words about the interrelationship be- weapons or explosives. many good things to help secure our tween immigration and homeland secu- The REAL ID Act, by contrast, di- homeland, some of which we are dis- rity. rects that an alien who provides funds cussing tonight, but in other areas, we While so many immigrants who come or other material support to a terrorist still have a ways to go. to this country do so legally and with is inadmissible and deportable if he Take, for example, the issue of border the sole intention of seeking a better knew or reasonably should have known surveillance. About 2 weeks ago, the life, there are those who have links to that he was giving to a terrorist orga- subcommittee I chair held a hearing to terrorist organizations or who come nization. discuss the camera system that mon- here to do us harm. To be fully effec- Finally, the REAL ID Act provides itors our Nation’s northern and south- tive, then, the homeland security pro- an important component to the phys- ern borders. Known as the Integrated grams need to contain measures to ical security of the United States. In Surveillance Intelligence System, or curb illegal immigration and to pre- 1996, Congress mandated the building of ISIS, these cameras are a critical link vent those who would seek to propa- a 14-mile border fence inland from the for helping secure our border. gate acts of violence from crossing Mexican border in the San Diego area. Unfortunately, this system is not international borders. The goal was to curb illegal entries working as planned. What began as a Legislation recently passed in the into the most heavily trafficked corner program to monitor the border cross- House contains these kinds of meas- of the United States and to guarantee ing of illegal immigrants, drug traf- ures. The Real ID Act is one such pro- security at the U.S. naval base in San ficker, and even terrorists has morphed vision. It serves to protect the home- Diego. More than 8 years later, that into what one of our witnesses called land in four distinct ways. fence is still not completed, in large ‘‘a major project gone awry.’’ First, it establishes rigorous proof of part because the construction is tied According to a 2004 GSA audit, the identity for all driver’s license appli- up in litigation. In order to facilitate problems go even further. For example, cants and strong security requirements the construction of this important se- the initial $2 million contract was for all licenses and State-issued iden- curity perimeter, the act waives all awarded without full competition. Just tity cards. It further requires that Fed- Federal laws necessary to ensure the 1 year later that same contract eral agencies only accept State-issued expeditious completion of this struc- ballooned to over $200 million, again licenses and ID cards from those States ture. without full competition, and the prob- that have confirmed by substantial evi- Immigration as a security issue was lems do not end there. dence that the applicant is lawfully also the subject of portions of the The GSA audit also reported signifi- present within the jurisdiction. These Homeland Security Authorization Act cant issues relating to the surveillance measures are important because they for fiscal year 2006. The act fully fund- system itself: 60-foot poles that were make it more difficult for would-be tered the hiring and training of some 2,000

VerDate Aug 04 2004 04:24 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.099 H27PT1 H5238 CONGRESSIONAL RECORD — HOUSE June 27, 2005 border patrol agents. It also clarifies appropriations act. But, really, the So, then, he asks the rhetorical ques- the existing authorities of State and bottom line is, why are we going tion as to how should a good Muslim, local law enforcement personnel to ap- through this? The events of 9/11 should in his case what he considers a good prehend, detain, remove, and transport have woken up everyone. I believe they Muslim, which is not what most of us illegal aliens in the routine course of did. Many of us lost friends. I had a rel- or most Muslims would consider to be their duty. ative in the first tower on the 91st floor a good Muslim, I am sure, but he said, Further, it buttresses up that policy who escaped, luckily. The plane en- ‘‘Citing the Koran and other Islamic determination that local police have tered that tower in the 93rd floor, and religious texts and traditions,’’ he an- the right to help enforce U.S. immigra- he lived to talk about it. swers his question by saying, ‘‘anyone tion laws by appropriating $40 million So we have all been touched by this who peruses these sources reaches a in training funds for these same munic- in one way or another, and certainly as single conclusion: the sages have ipal authorities. These funds are avail- a freshman Member of Congress I spend agreed that the reciprocal punishment able to reimburse those communities a great deal of time going to orienta- to which the verses referred to is not that choose to send officers to the De- tion sessions and being fed a lot of in- limited to a specific instance. It is a partment of Homeland Security pro- formation. I have felt sometimes that valid rule for punishments for infidels, grams run by ICE, Immigrations and being a Member of Congress is some- for licentious Muslims, and for the op- Customs Enforcement, designed to times like drinking water out of a fire pressors.’’ train and certify these officers in the hose. A lot of information is thrown at He concludes: ‘‘According to the enforcement of Federal immigration you very quickly, and you do your best numbers in the previous section of the laws. Having officers trained in this to absorb it all. lives lost among Muslims because of way can only work to the detriment of When I was up at Harvard University Americans, directly or indirectly, we a would-be terrorist detained as a re- to be engaged in the orientation pro- are still at the beginning of the way. sult of his committing a crime unre- gram, I met an interesting individual The Americans have still not tasted lated to national security. up there, a man name Grahm Allison, from our hands what we have tasted As I have described, the Homeland who wrote a book called ‘‘Nuclear Ter- from theirs. We have not reached par- Security Act has a strong border secu- rorism,’’ and I highly recommend that ity with them.’’ He says, ‘‘Parity will rity component, but so does the home- people read it because it helps bring require killing 4 million Americans.’’ land appropriation bill. The appropria- focus and clarity to the issue of home- This is very frightening. And I would tion bill provides $19.4 billion for bor- land security and why this govern- suggest to everyone here today that 4 der protection, immigration enforcement, and not just in the Department million Americans is a very big num- ment, and related activities, an in- of Homeland Security but throughout ber. On September 11 we lost nearly crease of $1.9 billion over fiscal year our Federal Government, State govern- 3,000 of our own. It would require 1,400 2005 enacted levels and $285 million ment, our local officials are working so attacks of 3,000 people to get to 4 mil- over the President’s budget request. diligently to protect us from unspeak- lion. These funds support a robust revital- able criminal acts that our enemies Al Qaeda is quite clear in their inten- ization of immigration enforcement ef- would like to commit against us. tions, and it is my belief that they in- forts, both along our borders and with- I will go to this book, again entitled tend to pursue whatever weapons are in the interior of the Nation. ‘‘Nuclear Terrorism: The Ultimate Pre- available to them to maximize the Specific funding includes, but is not ventable Catastrophe,’’ written by amount of damage they can upon the limited to, $3.2 billion for Immigration Grahm Allison, but he quotes an indi- American people. And that is why our and Customs Enforcement, providing vidual named Suleiman Abu Gheith, committee is so dedicated, is so com- an additional 150 criminal investiga- who was Osama bin Laden’s official mitted to making sure that our folks tors and 200 immigration enforcement press spokesman. Nine months after at Homeland Security have what they agents; $61 million for border security the 9/11 attacks, Suleiman Abu Gheith need to do the job to protect us. technology, including surveillance and made this announcement, and it was Finally, I want to turn to another unmanned aerial vehicles; $20 million put out on al Qaeda Web sites. He says: man who is a great leader and a friend for replacement border patrol aircraft; ‘‘We have the right to kill 4 million from my home State of Pennsylvania. I $690 million to fund 3,870 beds to house Americans, 2 million of them children, would like to introduce my colleague illegal immigrants detained in U.S. fa- and to exile twice as many and wound from the Seventh District of Pennsyl- cilities; $119 million to fund fugitive and cripple hundreds of thousands.’’ vania. In addition to being a senior operations teams; and $211 million for What a frightening and extraordinary member of the Committee on Armed transportation and removal of undocu- statement. He says he wants to kill, Services and the Committee on mented aliens. that al Qaeda wants to kill 4 million Science, he also serves with me on the All these measures I have previously Americans. He did not say 1.5 million House Homeland Security Committee, described are designed to enforce immi- Americans, he did not say 8 million where he is vice chairman. gration laws, but we must also remem- Americans. He said 4 million, 2 million He is also active on the Sub- ber that in doing so we are contrib- children. How did he get to that num- committee on Emergency Prepared- uting to the preservation of our home- ber? He goes on to explain. He itemizes ness, Science and Technology, as well land security as well. By preventing ac- the number. He goes on and he says as the Subcommittee on Intelligence, cess to this country by undocumented that for 50 years in Palestine he blames Information Sharing and Risk Assess- aliens, by removing those who are here the Jews, and with the blessing and ment. He is a former first responder illegally, and by training local police support of the Americans he says the himself, an active student of inter- officers to help enforce immigration Jews exiled nearly 5 million Palestin- national relations, and an expert on laws, we will increase the odds that a ians and killed nearly 260,000. They ballistic missile proliferation. would-be terrorist seeking to enter our wounded nearly 180,000 and crippled He, too, is an author of a highly ac- country will be stopped before he can nearly 160,000. And he talks about the claimed book, ‘‘Countdown to Terror.’’ wreak any acts of violence against our American bombings and the siege of I have been talking about books, so I citizenry. Iraq, as he says more than 1.2 million might as well mention this one too. It Another comment I would like to Muslims were killed in the past decade. has been talked about quite a bit in the make with respect to this whole issue So he blames Israel and the United press, and it highlights his concerns of homeland security is this. We have States. He says in the war against the about terrorist failures and the spread heard from a number of speakers to- Taliban and al Qaeda in Afghanistan, of ballistic missile technology in Iran. night about what the United States America killed 12,000 Afghan civilians So without any further discussion from Congress is doing to make our home- and 350 Arab jihad fighters. In Somalia, me, Mr. Speaker, I yield to the gen- land more safe and more secure. We America killed 13,000 Somalies. So as tleman from Pennsylvania (Mr. have heard about the PATRIOT Act, he itemizes this number, he somehow WELDON). the Homeland Security Authorization gets to 4 million. This is what our en- Mr. WELDON of Pennsylvania. Mr. Act, the First Responder Bill, and the emies are saying about us. Speaker, I thank my good friend and

VerDate Aug 04 2004 05:07 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.100 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5239 of ballistic missile technology in Iran. THIRTY-SOMETHING WORKING you may see and hear may not be true. So without any further discussion from GROUP It is also important that we point out me, Mr. Speaker, I yield to the gen- The SPEAKER pro tempore (Mr. those inequities because anything that tleman from Pennsylvania (Mr. MCHENRY). Under the Speaker’s an- goes toward private accounts, I think WELDON). nounced policy of January 4, 2005, the that the American people need to con- Mr. WELDON of Pennsylvania. Mr. gentleman from Florida (Mr. MEEK) is tinue to be very wary of. You can dress Speaker, I thank my good friend and recognized for half the time until mid- a private account up and put a fake colleague for yielding to me and thank night, 44 minutes. mustache on it and a wig, but it is still him for this outstanding Special Order. Mr. MEEK of Florida. Mr. Speaker, privatization of Social Security. The bottom line is across the board I hope that our colleagues tonight have once again it is an honor to address the with both of these proposals, Ameri- been listening, because they have seen House, and the 30-Something Working Group would like to send our apprecia- cans will lose benefits if we go into pri- an outstanding assemblage of excellent vate accounts. Will private accounts young Members of Congress who are tion to the gentlewoman from Cali- ELOSI) for allowing us to deal with the Social Security solvency picking up the mantle and taking the fornia (Ms. P have the time to come to the floor once issue? I must add that is 47 years away; lead on homeland security issues in our again to talk about issues that are fac- 100 percent of benefits will still be pro- committee. ing everyday Americans. vided to 48 million Americans, those 33 This is the first year for the full op- The 30-Something Working Group million in retirement, the rest who are eration of the authorization committee was created in the 108th Congress, receiving disability and survivor bene- for homeland security funding and some 3 years ago, to start talking fits. It will be here. What we are asking oversight, and it is extremely impor- about issues that focus on young peo- for on this side as it relates to the tant that we get off to a good start. I ple, children and grandchildren, about Democratic leadership, not only the just want to say, as a Member who was their future and the direction this gentlewoman from California (Ms. very aggressively behind this com- country is going in. Every 30-Some- PELOSI) but also the gentleman from mittee, I am overwhelmingly pleased thing Working Group hour, we talk Maryland (Mr. HOYER), the Democratic and positive with the type of member- about issues that we feel that young whip, the gentleman from New Jersey ship we have on this committee. My Americans and Americans in general (Mr. MENENDEZ), our chairman, and our colleague, the gentleman from Penn- should know about, but we also talk vice chairman, the gentleman from sylvania (Mr. DENT), is an example of about what Democrats are doing that South Carolina (Mr. CLYBURN), we have an outstanding leader who is com- is different than the majority side. not only an ongoing, but are working mitted; and he has brought together an I celebrate the fact that in this de- toward a bipartisan approach. assemblage of Members tonight who mocracy we have an opportunity to Mr. Speaker, I must also add there is have articulated the various param- give our views and opinions as it re- a discussion going on now, there was a eters of the concerns we face, from first lates to what is happening and what is press conference last week talking responders, to our borders, to pro- not happening. I think both are very, about we have a bill and private ac- tecting our ports and our airports, and very important. For us to continue to counts. It is not as bad as the Presi- for all of the significant work that has move in the direction that we moved in dent’s bill, but it is starting us off on been accomplished under Secretary since we became the United States of private accounts. In this same press Ridge, now being accomplished under America, it is important that we have conference it was admitted by the our current new Secretary and under not only factual information to share sponsors of the bill this will not deal the able leadership of the chairman of with the Members and the American with the solvency of Social Security. I our House Homeland Security Com- people, but to make sure that we are do not know why we are trying to fool mittee, the gentleman from California consistent. the American people. I do not know Tonight I am joined by the gen- (Mr. COX), and our appropriations sub- why we are going through this dance committee, the gentleman from Ken- tleman from Ohio (Mr. RYAN). We will that we call here in Washington the talk about issues that are at the fore- tucky (Mr. ROGERS). Potomac two-step, trying to fake out front of the debate here in Washington, the American people. D.C. One is Social Security. Two, we The gentleman from Ohio (Mr. RYAN) b 2230 want to continue not necessarily in and I are going to attempt to share not Mr. Speaker, later on this evening I this order to talk about the issues that only with the Members that we know will be offering another Special Order are facing veterans. We have men and exactly what they are doing, and we that will reveal some absolutely amaz- women that are in the forward area in are here, elected by the people from ing information for the American peo- Iraq and Afghanistan, and many other our districts, and also representing the ple. I will divulge tonight the informa- parts of the world where they are fight- people of the United States of America, ing terrorism, but at the same time we to make sure that they know exactly tion that prior to 9/11, not only did we have to understand the responsibility what is going on. know about the Mohammed Atta cell, of making sure that we keep our end of Tonight is not about the 30-Some- but that the Special Forces Command the deal as it relates to their veterans thing Working Group and what we in our military actually wanted to affairs once they get back. want to talk about. It is factual. It is take action against that cell, and we We have individuals that have served not the Tim Ryan report or the did not take that action. in past conflicts on behalf of this coun- Kendrick Meek report, it is what is I will be discussing our intelligence try, that allow us to celebrate the very happening right now, third-party in detail, and by following through on freedom that we live under today. We validaters. And we will continue to a special project that was initiated cannot leave them behind. We cannot come to the floor to point out factual under the leadership of General forget them, or turn our back on them. inequities in what the majority side is Shelton focusing on al Qaeda. But at In many places we will point out where talking about. We want to make sure this point in time, I wanted to stop by there are those in Congress fighting on that the American people understand and thank our distinguished Members, behalf of veterans, and those in Con- the difference, the difference between thank the gentleman from Pennsyl- gress who say they are fighting on be- the leadership of veterans, or not; and vania (Mr. DENT) for his leadership, and half of veterans, but it is not coming the difference between leadership on say to those who participated in this out on the other end. behalf of Social Security and making Special Order, if we are going to win I want to talk about the Social Secu- sure that we do not leave the present the battle and protect the homeland, rity proposal that has been put forward generation and future generations be- all Members must play the critical role by not only the President and some Re- hind. that you have played tonight and pick publican leaders, not only in the House We talked last week about the issue a specialty area that you have a focus but in the other body. I think it is im- of the ever-growing deficit. Guess on so we as a team can make sure that portant that the American people un- what, we are going to have to pay it our country is properly protected. derstand that in Washington, D.C., all off, and I do mean all of us, some

VerDate Aug 04 2004 05:06 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.101 H27PT1 H5240 CONGRESSIONAL RECORD — HOUSE June 27, 2005 $26,000-plus that American people with If you are not a recipient of Social den we have a new proposal. It is all children, and those unborn, that are Security, you have a family member different. The end result is the same going to have to pay because of the that is a recipient of Social Security. If thing. There is money not going into a ever-growing infatuation with spend- you do not have a family member that trust fund that is being diverted into a ing. is a recipient of Social Security, you private account. Here is the kicker. I think it is important that we point will have a family member that will be There is going to be a tremendous in- this out. a recipient of Social Security. That is crease in administrative costs for peo- I want to take a couple of excerpts of the good thing about America, is that ple to have to handle this money, and what has been said and what has not we care about one another. These indi- there is going to be a reduction in the been done. viduals work every day and may hurt benefits that people get. That is why For about 6 months the Republicans themselves on the job, and they count we are here every week talking about have talked about, and I would say the on Social Security. the same issue over and over because Republican leadership because I do not Mr. Speaker, it is once again an we are not going to allow any privat- like to generalize. There are some Re- honor to have the gentleman from Ohio ization scheme to come through this publicans who are very uncomfortable (Mr. RYAN) to share this hour, and also body that is going to reduce the bene- with both of these proposals. I think it to let the Members of this House, to let fits. is important that we continue to hold them know exactly what the truth is. In the first proposal from the pay- onto those individuals who are showing Mr. RYAN of Ohio. Mr. Speaker, I check to the private account, the rest leadership. think it is important as we start to- goes in Social Security. The second I would also add there are some indi- night and get things rolling here we proposal, here is the paycheck, and ev- viduals in the Republican leadership talk a little bit about what the new erything goes to Social Security and that are trying very quietly to share proposal is. The 30-Something Working then Social Security will then divert it that private accounts are not the way Group has taken a step in another di- to a private account with your name to go. We are asking them to go see the rection as far as our billboards. We are on it. It is just a shell game to try to wizard, not only to get some courage, going to go with hand-drawn charts. It sell the new proposal. You can put lip- but to make sure that they stand up to is like we are in the locker room dur- stick on a pig, but it is still a pig. these forces that are trying to push ing half-time of the football game. Mr. MEEK of Florida. Mr. Speaker, I think it is important to know private accounts on the American peo- the Members need to truly understand where we end up after the second pro- ple. this. We know where we are as Demo- posal that is circulating around Con- I have to digress so we can make sure crats. We are solid on the side of the gress. Democrats have not seen one that we all understand, we want to issue of dealing with the solvency of plan yet, but the important thing for break it down. The bottom line is on Social Security beyond the 48 years it the American people to understand is the Republican side, by the rules that will be solvent, and beyond 80 percent the second proposal that is now circu- are set here in the House of Represent- benefits that individuals will receive atives, the majority runs the agenda lating around Congress ends up at the same exact place that the first pro- after that. here in the House. The majority runs The gentlewoman from Florida (Ms. the agenda here in the House. I am not posal put us. So here we have on our little chart WASSERMAN SCHULTZ) and I have been only talking to Democrats, Repub- here everything broken down. The working on this issue. We have had licans, and the one Independent we original Bush proposal is on the right, town hall meetings on it. Democrats have in this House, that we have a re- and the new proposal that is circu- have had some 900 town hall meetings sponsibility to make sure that we lating in Congress is on the left. throughout the country and will con- stand up not on behalf of the leader of Mr. Speaker, the gentleman from tinue to have more to make sure that the Republican Conference or Repub- Florida (Mr. MEEK) may remember we fight against this issue of privatiza- licans here in the House, but on behalf that the first proposal was out of the tion and make sure that we make sure of the individuals who woke up early 12-plus percent, 12.4 percent you pay that Social Security is there for future one Tuesday morning to go vote for into Social Security, half by the em- generations. some leadership. It is time for us to ployer and half by the employee, the b 2245 stand up and make that happen. Bush proposal was saying that the em- Ms. WASSERMAN SCHULTZ. Mr. We hope in the 30-Something Work- ployee could take up to 4 percent of Speaker, I thank the gentleman for ing Group by the pressure applied that that and put it in this side private ac- two things happen. One, right here and count. Right out of your paycheck, you yielding to me. It is wonderful to be here with the right now, people in the leadership po- could give 4 percent and put it into a sitions make the right decision, to private account. The rest of yours, the both of them, my two esteemed col- make sure that we make Social Secu- 2.2 left from yours and I think the 2.2 leagues from the next generation in the rity solvent and do away with the left from the employer, would go into United States Congress, and I have whole idea of trying to go into private the Social Security trust fund. The em- been able to listen to a little of what accounts. ployer was actually getting a break. they have been saying on my way over Private accounts would only benefit They would not have to match. So the here. those individuals who are involved in Wal-Marts of the world would not have A few weeks ago when we were talk- the New York Stock Exchange, that to match their employees’ 4 percent ing about this before the latest version care about the $944 billion that they that they put in the private account. of the privatization scheme was put on would be able to prosper from in the So the diversion into the side account the table, we were talking about how next 20 years on the backs of everyday is what led to the whole shortfall. interesting it is that no matter how working Americans. In the second proposal that is now many times they are told no, they still I think it is important that before being circulated around Congress, it is keep coming back with the same con- that happens, in whatever form, and I just a shell game. All they do, instead cept, just a different version. And I am in no way supporting or encour- of allowing someone to divert the know I analogized it is like when I aging any of the Members of this House money right away from their pay- speak to my children and they keep to try to move in that direction, that check, you send the whole thing to So- asking me and asking me if they can do we need to make sure that Democratic cial Security and then Social Security something that I do not think they Members who are solid on this issue, takes a portion of it and puts it into a should do for one reason or another, and the few Republicans who are solid private account with your name on it. whether it is not responsible or they on this issue, that we stick together on So it is just a typical Potomac two- are not old enough, and they try a lot behalf of the American people. Or we step. of different versions of the same thing, may very well have the American peo- Mr. MEEK of Florida. Mr. Speaker, and the answer is still no because I ple say, fine; I am a Republican or that is exactly what they are doing. have carefully reviewed what they Democrat or Independent, I believe in Mr. RYAN of Ohio. It is a typical want to do, as their parent, and decided my Social Security and I want it here. shell game in Washington. All of a sud- it is not the best timing right now or

VerDate Aug 04 2004 05:06 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.102 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5241 for whatever reason I have concluded it cent; Bush voters, 44 percent; and vent, move forward, and start address- is not a good idea. Southerners, 58 percent. ing poverty and health care and all the It would be as if one’s teenager came Why are we having this debate? Why other issues here. to them and said Mom, Dad, I really are we having this argument when we Ms. WASSERMAN SCHULTZ. Mr. want to go to this party, and I want to have all these other issues that need to Speaker, if the gentleman from Florida stay out until 2 o’clock in the morning, be addressed in Congress and the Presi- will continue to yield, if he does not and the parent said, no, that is not a dent keeps running against the wall, mind my adding one more thing, like I good idea, and so they come back to hitting his head, bouncing back, and said, I am a freshman. I was elected. I them. This new proposal is like if one’s thinking if he keeps running and keeps have been in Congress for 6 months. I teenager came back to them and said I hitting his head that somehow it is really expected there to be a lot more still want to go to the party, but I going to change. And when this Presi- collegiality in this body. The gentle- promise I will be home by midnight. dent in particular, who has done so men are veterans, now, of this process. The whole idea was that they did not well in rural areas, is losing support on I have talked to my Republican fresh- want them to go to the party in the this issue, it is mindboggling to me. men colleagues on the other side. We first place. Ms. WASSERMAN SCHULTZ. Mr. all expected there to be more of an op- And after 60 days initially on the Speaker, will the gentleman yield? portunity to work together, less ran- road trying to sell his privatization Mr. MEEK of Florida. I yield to the cor. It is sort of astonishing, and it is scheme to the American people and es- gentlewoman from Florida. astonishing, I think, to the average sentially they have rejected it and an Ms. WASSERMAN SCHULTZ. Mr. American that we are still bickering additional 60-day effort where the more Speaker, the two of us are from a State about this and that we are all sharp- the President talks about this, the less and from a region of a State where it ening our elbows and digging in and people like it, it is mindboggling to would be expected that there would be going to our respective corners instead me. And I am the sort of baby of the deep, deep concern about the potential of acknowledging, like we are willing group of the three of us, I am a fresh- privatization of Social Security. Obvi- to do, that there is a problem with So- man, I was just elected. It is ously, we have a disproportionately cial Security. mindboggling to me that they do not high percentage of senior citizens in It is not a crisis like the President want to come to the table now, as we my district and the gentleman from has been portraying; but there is a have been asking them to do, and come Florida’s district. But like the gen- problem, a long-term problem with So- up with a bipartisan solution. tleman from Ohio said, across all de- cial Security, and we need to come to- Privatization balloons the deficit. It mographic groups, all regions of the gether and make some changes. But, cuts benefits; and yet every version of country, there is no group that has unfortunately, the leadership in this their proposal, the premise of it is to wide or deep support for this concept, Congress, the Republican leadership, privatize Social Security, and that and that is because people are uncom- just wants to be right, or somehow if pulls the safety net out from future re- fortable at every level with the explo- they say it enough times, perhaps they tirees and, quite honestly, from people sion of the deficit and this proposal’s think that they will be right when the who are about to retire. potential to expand it even more. American people are clearly telling I actually had an electronic town When I asked at my live town hall them they are not. hall meeting today at 4:30, which was meetings whether people were con- Mr. RYAN of Ohio. Or that they just amazing. We got tremendous feedback. fident enough in their own investment want to win, Mr. Speaker. If the gen- But can I tell my colleagues that not ability to be assured that their own in- tleman will continue to yield, this one person who participated, and I had vestment decisions would carry them sometimes is not even about policy. It over 100 people participate live and 120 all the way through their entire retire- is about winning the argument, and people signed on in advance of our be- ment years, no one except for two peo- they are losing; so they are trying to ginning, and no one said, ‘‘You really ple in three town hall meetings with find a new way to win it, and it is just need to consider private accounts. We more than 600 people in attendance, no not working out. really want you to do this.’’ I mean, it one raised their hand, because look at Mr. MEEK of Florida. And, Mr. is time to sit down and put privatiza- the ebb and flow of the stock market; Speaker, that is the reason why we are tion aside, and like in 1983 when Tip and this proposal is not backed by the here. It is not about winning or losing O’Neill and Ronald Reagan and Daniel full faith and credit of the United under the Capitol dome. It is about the Patrick Moynihan and others who were States. If people hit a bump in the road American people being able to win and part of that group sat down and in a bi- where one year the stock market is not keep confidence within this body. And partisan way came up with a solution. going so well, it is whatever is left I will tell my colleagues now, looking It is time. when they retire in that account with at the recent poll numbers, they do not Mr. RYAN of Ohio. Mr. Speaker, will a proportionate cut in their Social Se- feel good about what is happening here the gentleman yield? curity benefits. in Congress. Mr. MEEK of Florida. Mr. Speaker, I Mr. RYAN of Ohio. Right. And if the There was an article on Friday, and yield to the gentleman from Ohio. gentleman from Florida will continue it was in The Washington Post: ‘‘GOP Mr. RYAN of Ohio. Mr. Speaker, the to yield, the new system, the new plan Sounded the Alarm but didn’t Respond gentlewoman just said in a State like that they have where they give the to’’ the issue of Social Security. And I Florida that the President won in the money to Social Security and they put would recommend Members take a last election is not getting the kind of it in side accounts, they are going to look at this. It was written by Michael support. Here is an interesting sta- invest it in T bills just like Social Se- Allen, and I just want to take an ex- tistic, group of statistics, asking rural curity is. So there is no real advantage. cerpt out of this. voters: ‘‘Are Bush’s proposed changes The argument in the first proposal The gentleman from Ohio (Mr. RYAN) to Social Security mainly consistent was that we are going to put it in a pri- mentioned something about winning, with the values of the people in your vate account and they are going to be wanting to win. We are here to win on community or out of step?’’ And here is able to gain all this extra interest. Now behalf of the American people; and one the pie chart. All rural voters, con- the new proposal is saying they are Republican Member of the other body, sistent with rural voters’ values, 27 going to take it and put it in a private not this House but the other body, and percent; out of step with our values, 61 account and they are only going to be I know that Members understand that percent. And Bush cleaned Senator able to invest it in T bills just like So- we have the legislative branch, judicial KERRY’s clock in rural areas, and 61 cial Security is now. So it is just get- branch, and executive branch but the percent of rural America believe that ting more and more ridiculous. It is legislative branch consists of the House the President’s proposed changes to So- like a comedy of errors. Every single and the Senate. But in the other body cial Security are out of step with their new proposal is worse than the last I must add that if the Republicans take values. And when we look at white fun- proposal. And I think they need to just this to a vote and the Democrats try to damentalists, 55 percent; conserv- work with us, work with our side, let stop us, we will end up as the winners. atives, 47 percent; white women, 65 per- us get a solution, make it more sol- That comes from a Member of the

VerDate Aug 04 2004 05:06 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.104 H27PT1 H5242 CONGRESSIONAL RECORD — HOUSE June 27, 2005 other body that is from South Caro- ics, there are about 850 of them in the So the individuals walking around lina. country, many in rural areas,’’ Mr. here talking about what we are going Let me just share this with my col- Speaker, ‘‘and some open only 1 or 2 to do, and how long we are going to leagues. This is not school yard kick- days a month.’’ Not 1 or 2 days a week; stay, and there is no plan to make the ball here. This is Social Security, and 1 or 2 days a month in rural areas. coalition bigger or no plan really to this is serious business; and this is not ‘‘And other offices have a picture of start talking about how we are going about because we can, we will. This is Secretary Jim Nicholson prominently to bring our troop levels down in Iraq, about doing the right thing. And it displayed. Unfortunately, however,’’ meanwhile Democrats are here adding really is stomach-turning when we see Ms. Miller continued, ‘‘there are many amendments to the Committee on the individuals taking an end zone dance facilities that currently do not have Budget. And I must add again, we all and talking about what we can do be- the picture displayed. I am aware that know, and it is important our constitu- cause we can do it. the mailings of the pictures occurred ents know, that the majority runs this If I can, I would like to talk a little on April 22, 2005. So that’s more than 5 House of Representatives. The bottom bit, because we have limited time here full weeks.’’ It goes on to say that ‘‘We line is, they bring bills to the floor, tonight, and we can talk about Social are asking that you give this your they bring issues to the floor. Some Security, but I have to address this highest priority.’’ issues we can work with them on. But when it comes down to veterans, to issue of not only the Veterans Affairs b 2300 but what is happening right now in health care, when it comes down to So- Iraq and Afghanistan. Earlier tonight This is from Washington, DC. The cial Security and folks want to talk during the first Democratic hour, highest priority, we will continue to about something that is going to take members of the Democratic Caucus ask daily on updates of the status until us back versus move us forward, we read the names of those individuals we are sure that all facilities have a have a problem with it. who have fallen in the line of duty, and current displayed picture. There was an amendment, an alter- In the defense of local VA officials, it we honor and we respect them, and on native to the budget that was passed on turns out that Miller was wrong. Not behalf of a grateful country, we appre- March 5 of this year, the Democratic all the photos went out on the 22nd. We budget. It included a $20.9 billion in- ciate their family members’ sacrifice. are hearing that some officials disagree They paid the ultimate sacrifice, and crease for the next 5 years for veterans that the photos should be the highest health care in order to meet the needs so did their loved ones. priority, and they are asking that it A lot of mothers and fathers are no of the returning soldiers and veterans should not be. Also they are saying longer with us because we asked them, who rely on VA hospital care. Without what they are focused on right now at this Congress asked them, to go into that, there will be an estimated fee, these local VA facilities is they are battle and they lost their lives. And, can I say ‘‘tax’’ on veterans, to pay trying to sell furniture to buy prescrip- Mr. Speaker, this is the reason why we more for their health care. tion drugs on behalf of veterans out Now, they have been lied to. I will run not only for Congress. And I hate there now. to hear the gentlewoman from Florida not be an unindicted co-conspirator in Then it goes on, and, unfortunately, that lie. I think it is important that we say 6 months. I mean, she spent double- it gets worse. The Secretary, Mr. Nich- digit years in the State legislature. make sure that the veterans know. I olson, when he testified in a hearing see veterans, and I am not concerned She has dealt with many of these last week, Nicholson was the author of about their party affiliation. The bot- issues in the Florida house and the an April 5 letter to Senators saying ‘‘I tom line is what they get and are not Florida senate, and many of those can assure you that the VA does not getting. What they are not getting, in issues are the same here. Unfortu- need additional funds to continue to my opinion, is appropriate representa- nately, the inaction on behalf of the provide timely and adequate service.’’ tion that they need here in Congress to Republican leadership is very dis- Let me just share something with make sure that they get what they turbing, and I say some of them be- you. The bottom line here, Mr. Speak- need. cause I know some are people of good er, when we have a Secretary of the De- Am I emotional about this? You are will and want to make sure we do the partment of Veterans Affairs that is dog-gone right I am, because I would right thing. more concerned about his picture being not be here under this flag if it was not I want to point the attention of the displayed in VA hospitals and commu- for individuals that have served this Members, Mr. Speaker, to the June 27, nity-based facilities, some that I must country, day in and day out. Many of today, article that was on page A13 of add are only open 1 or 2 days a month, them have to put on a prosthetic limb The Washington Post: ‘‘VA Gets the these are individuals that get all teary- to walk around in the morning. Many Picture, No Shortfall Here.’’ I just eyed here on the floor talking about of those individuals cannot perform the want to take some excerpts out of this what we need to do for the troops and kind of functions that they carried out article because we have limited time, for the veterans, but meanwhile, back prior to going into a conflict. So, I but we have to make sure that we call at the ranch, we have a $1 billion short- have no time and no tolerance for the a spade a spade, and that is the reason fall. And Democrats have tried to do Potomac Two-Step. why I like the 30-something Working something about it. Once again, Democrats, people want Group because we put it on the table All I have to say to the Secretary is, to know the difference. I am sharing it and let it be known. If anybody wants he wants his picture displayed, I am with them right now. Once again, an to make an argument, it is democracy. going to put his picture in my office. amendment in the committee by one of Bring it on and defend the situations His picture will no longer be the pri- our great Members, the gentleman that they are making. But, unfortu- ority on behalf of veterans. We will to from Texas (Mr. EDWARDS), increased nately, this is not school yard kickball. the Hill and fight on behalf of veterans health care funding above President This is the United States Congress. and make sure that they do not have to Bush’s proposed budget by $1.9 billion, ‘‘Turns out that $1 billion shortfall wait 6 months to be able to see the an estimate that the Republican budg- for health care funding for our Nation ophthalmologist. et plan for $798 million in veterans cuts disclosed last week by the House Com- Mr. Speaker, I know I am bending on over 5 years. Once again, a Democratic mittee on Veterans’ Affairs hearing is the time here, but I wanted to share Member from Texas supported by only one of many important and vexing this with my colleagues, because I Democratic members of the Committee dilemmas facing top officials at the De- think it is important that everyone un- on Ways and Means, a 15 to 20 vote. partment of Veterans Affairs.’’ derstands we are about the business of The bottom line is, one of two things I am going to go a little further down not just saying pounding our chest and needs to happen: Either some individ- in the article. It talks about a con- saying ‘‘we are going to go to Iraq and uals on the Republican side have to versation, I believe a conference call, make sure that we have democracy step up and represent the people that by the Deputy Under Secretary Laura there.’’ We are making sure we keep sent them here, or the American people Miller, who said on the May 27 call, our promise, not only to those individ- are going to have to make a difference. ‘‘Many of our facilities, medical cen- uals that have served in past conflicts, I will tell Members in closing that I ters, community-based outpatient clin- but are in present conflicts. am really, truly not concerned about

VerDate Aug 04 2004 05:06 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.105 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5243 individuals’ feelings being hurt about etched in their face, and the dedication they are patriotic by voting for the what I am sharing with them as it re- that they have. To the person, they flag desecration amendment and voting lates to facts and what we are sharing wanted to go back, and their regret against mandatory funding for the Vet- with them as it relates to facts. If we was they were not able to, they had to eran Affairs Department. Iraqi Free- were here talking fiction, I would not leave their comrades behind. dom veterans take note: as soon as you be able to sleep well at night. These people are struggling to get are discharged, you will begin a life- I will tell you right now, this is fac- the health care they need when they long battle with your government. A tual. Individuals can go into the are still enlisted. At home in South vote for the flag desecration amend- record. As a matter of fact, they can go Florida and across the country, our ment coupled with a vote against man- to nationaljournal.com/members/mark- veterans, as the gentleman said, 6 datory funding for the Veterans Affairs ups/2005/03/200506812.htm and find it. It months is not an exaggeration for how Department brings shame on the very is what it is. And if individuals do not long our veterans have to wait to get symbol of liberty and freedom that my want to man up and woman up and their health care needs taken care of. comrades gave life and limb and more lead, then the American people need to Is that the thanks that we give them, since it all began over 200 years ago. make other decisions. the proud veterans that have served Not giving the care veterans earned The gentleman from New Jersey (Mr. this country? and deserved is burning the flag.’’ SMITH), the former chairman of the We sound so soap-boxish, but your That was from Bob Brothers, a Ko- Committee on Veterans’ Affairs, was actions have to back up your words. It rean War veteran from my district who removed; not by Democrats, not by the is really nice to stand on the floor and is at every Memorial Day, at every people in his district, but by the Re- give a good speech and get all choked Veterans’ Day event that there is. publican Conference. Why? Why? This up, but what matters is how you cast They are committed to the commu- is Fox News, okay? This is what I am that vote and what your light up on nity. So I just wanted to share that. reading right now, Fox News, right off that board when they put it up there We have a long way to go here, and I their website. ‘‘Smith passed an in- says, and you are either with them or think the point tonight is, the argu- crease in investment on the Veterans against them. The Members that voted ment nationally is about Social Secu- Affairs Administration budget that put against those amendments that were rity and how we are going to fix a prob- him on a different page from party offered in committee and on this floor lem that does not exist for 40 years, or leaders.’’ He is no longer the chairman and who opposed them, in spite of val- are we going to address the veterans because he decided to represent the iant speeches that were made on behalf issues that we face today. Ms. WASSERMAN SCHULTZ. Mr. veterans that are out there in America. of those veterans, should be ashamed of Speaker, I think that we have dem- So, the gentlewoman knows, being themselves. onstrated here tonight, as we will in from Florida, we have a number of vet- Mr. RYAN of Ohio. Mr. Speaker, if the future, that there are so many erans. The gentleman from Ohio (Mr. the gentleman will yield, 70 percent of issues facing our generation, and we RYAN) from Ohio has a number of proud those currently in Iraq and Afghani- need to make sure that we take this veterans and reserve units in harm’s stan are under 30, so they are going to country back in the right direction so way. It is important to stand up for need to access this system because them. that when our generation inherits the they are going to have a lot of years in results of the decisions that we are Ms. WASSERMAN SCHULTZ. Mr. it. Speaker, if the gentleman will yield making here, that we are not strug- 2310 further, there are three things I want b gling to make sure that we can clean to add to augment the gentleman from Mr. Speaker, we are wrapping up up the mess that was left for us. Mr. MEEK of Florida. Mr. Speaker, Florida’s comments. One of them is 30- here; I think we just have a few min- once again, we had another good 30- something oriented. utes left. If you have any e-mails you something Working Group Special I noted when I went and spoke at Me- want to send to us, the address is as Order. We look forward to coming back morial Day services this year and Vet- follows: after we celebrate our independence on erans’ Day services on November 11 of [email protected]. the Fourth of July. As my colleagues last year, that every previous Vet- Again, the address is know, here on the Washington Mall we erans’ Day and Memorial Day that I [email protected]. have quite a celebration and through- was able to participate in as an elected I received a letter today from a local out America in many small towns and official prior to my time in the legisla- veteran in Ohio. Korean War veteran cities. We will be coming back to the ture, I was able to thank them. And Bob Brothers wrote and sent me a copy floor to talk about Social Security, of a letter to the editor that he was generally the crowds that come to factual information, and to talk about sending. He wrote this after the flag those events are older folks, senior how Democrats are part of the solu- burning amendment that we voted on citizens especially in Florida, veterans tion. of many wars. I was able to say ‘‘thank last week. He calls it, ‘‘Conundrum: I must say, once again, we are not you’’ from our generation, because Congress of the United States is voting here to generalize. We have some Re- prior to now, our generation is the first on a flag desecration amendment to publicans on the other end that are to- since before World War II that has the Constitution of the United States tally against the privatization of So- never been called to war, that had of America. The riddle is, this allows cial Security and totally for the full never had the casualties that the gen- Congressmen to stand under the Amer- funding, as the gentleman from New erations before us had. And I was able ican flag and declare, I am patriotic. Jersey (Chairman SMITH) was, as it re- to thank them for allowing us to stand The pun is these same Congressmen lates to veterans affairs, doing better on their shoulders and their sacrifice. vote against mandatory funding for the by our veterans. Seventy percent of the But I cannot say that any more. I Veterans Affairs Department. This individuals who are fighting in Iraq are cannot say that any more, because, as demonstrates to me the true hypocrisy young people who are doing what they was read tonight, the more than 1,500 of Congressmen and women who vote have to do. names that we are in the process of against mandatory funding for the Vet- Mr. Speaker, with that, we would reading, we could have a whole hour erans Affairs Department. Why are like to not only thank the Democratic just on the Iraq war and our deep con- these two items not attached so that leader but the Democratic leadership cerns over that. courage, honor, and valor become nec- for allowing us to come again. But to continue in the gentleman’s essary when they enter the Chamber to f thought process about health care for vote? veterans, I visited Walter Reed Army ‘‘A veteran is a veteran is a veteran. U.S. INTELLIGENCE Medical Center a few weeks ago and When as a young kid I hit the beach in The SPEAKER pro tempore (Mr. had an opportunity to visit with sol- Korea, I did not see any Congressmen MCHENRY). Under the Speaker’s an- diers who had come back from Iraq and or Congresswomen, and I was not asked nounced policy of January 4, 2005, the Afghanistan without their legs, hear- my income before going ashore. I will gentleman from Pennsylvania (Mr. ing their stories, watching the pain not vote for anyone who tries to show WELDON) is recognized for 44 minutes.

VerDate Aug 04 2004 05:06 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.107 H27PT1 H5244 CONGRESSIONAL RECORD — HOUSE June 27, 2005 Mr. WELDON of Pennsylvania. Mr. a specific recommendation to act on formation about this Serb? His family Speaker, I rise this evening to discuss that cell, but were denied the ability to is evidently well known. I need to for the next 45 minutes the most im- go forward. Obviously, if we had taken know whether or not he is a part of the portant topic that will allow us to pro- out that cell, 9/11 would not have oc- Milosevic regime. I need to know any tect the homeland, provide for the se- curred and, certainly, taking out those other information you can provide to curity of the American people and our three principal players in that cell me because we are going to meet with allies and our troops around the world: would have severely crippled, if not to- him when we travel to Vienna to meet our intelligence. tally stopped, the operation that killed with the Russian leaders to help pro- Last Thursday, Mr. Speaker, I had a 3,000 people in America. vide a beginning of a solution to end meeting with the very able and distin- Tonight, I am going to provide some the war in Kosovo. guished chairman of the Permanent Se- background to my colleagues, because I He called me back the next day and lect Committee on Intelligence, the think this represents a major problem he gave me a couple of sentences and gentleman from Michigan (Mr. HOEK- with our intelligence that needs to be said not to worry, he was not a part of STRA). We discussed many things, one focused on by the committees of the the Milosevic regime. And he had of which was a source that I had hoped House and the Senate, by the leader- strong ties to the Communist Party in- that we could get some information to ship of the House and the Senate, by side of Moscow and had ties to other assist us in understanding the threats John Negroponte, the new person as- leaders in the Russian Government. It in Iraq and the Middle East, and espe- signed by President Bush, and a very was not much to go on. cially in regard to Iran. able man, to integrate the 33 classified But at the time, Mr. Speaker, I was I said to the gentleman from Michi- systems overseen by the 15 Federal chairman of the Defense Research Sub- gan (Mr. HOEKSTRA), I am going to agencies. committee of the Armed Services Com- make a prediction to you. Based on my I want to also start off by praising mittee. My job was to oversee the fund- source, I said, common wisdom tells us Porter Goss, the director of the CIA. ing, approximately $40 billion of de- that the winner of the election in Iran Porter served us extremely well in this fense research money on new systems that will take place on Friday and Sat- body as the chairman of the Permanent and new technologies. And one of the urday our time will probably be Select Committee on Intelligence; and most striking technologies was the Rafsanjani. He is the name that most he went over to the CIA with an ag- work being done by the Army’s Infor- pundits have said would be the likely gressive agenda to change that agency, mation Dominance Center at Fort winner in a two-person runoff against and he has begun that process. We, in Belvoir, formerly known as the LIWA, the more conservative and not well- this body, need to rally the American the Land Information Warfare Assess- known mayor of Tehran. But I said to people to support the efforts brought ment Center. I had visited the LIWA the gentleman from Michigan (Mr. forward by Porter Goss and to allow several times and was tremendously HOEKSTRA), based on information we John Negroponte to undertake perhaps impressed with not just the ability to had, the election was not going to be the most difficult task in protecting provide security for our Army classi- close; it will be a landslide. But the the security of America, a task that fied systems, but I saw a unique ap- conservative mayor of Tehran, a rel- will not be easy, given the history of proach to doing well beyond that, data ative unknown, had been anointed by our Federal agency system. mining, data collaboration, using cut- Let me take my colleagues back, Mr. Ayatollah Homeni in Iran and he would ting-edge software tools like Starlight Speaker, to 1999. It was, in fact, the in fact win the Iranian election. and Spires, able to do profiling. Having We all saw the results, Mr. Speaker, spring of 1999 when I was first involved plussed-up funding for this facility in taking a delegation of 10 Members of on Saturday night and Sunday morn- after talking to George Tenet, I called Congress to Vienna with the support of ing as, in fact, the mayor of Tehran my friends at the Army’s Information my friend and colleague, the gen- won the election with a margin of 62 to Dominance Center and said, can you do tleman from Maryland (Mr. HOYER), 38 percent, an overwhelming landslide. something for me as a favor, off the and with the support of the Clinton I raise this issue, Mr. Speaker, because record? And they said sure, Congress- State Department. good intelligence and good information man, whatever you like. Would you run is the most critical tool that we can b 2320 me a profile of this Serb, for the same have over the next several years and The 11-member delegation of five reason I had asked the Director of the decades to protect our homeland. Democrats, five Republicans and my- CIA. They said, no problem, Congress- Mr. Speaker, I rise because informa- self, along with the State Department man; we will get back to you in a few tion has come to my attention over the employee, traveled to Vienna to meet hours. And they did. They gave me 10 past several months that is very dis- with five senior leaders of the Russian pages of information, Mr. Speaker, turbing. I have learned that, in fact, political parties. Our purpose was to about the Serb and his ties. Now, the one of our Federal agencies had, in try to reach a framework that could information was not vetted but it was fact, identified the major New York allow for a peaceful resolution of the from a number of sources that the In- cell of Mohamed Atta prior to 9/11; and war in Kosovo on the terms that the formation Dominance Center was able I have learned, Mr. Speaker, that in U.S. had desired after Ramboullet. to pull together very quickly. I used September of 2000, that Federal agency After securing a military plane, my that information as we traveled to Vi- actually was prepared to bring the FBI Russian friends told me they were enna to understand who we were meet- in and prepared to work with the FBI bringing a Serb along with them, a ing with. We had those meetings for 2 to take down the cell that Mohamed Serb who would be able to understand days and my colleagues, my five Re- Atta was involved in in New York City, what we were talking about and help publican and five Democrat colleagues, along with two of the other terrorists. us decide and determine whether or not worked aggressively to establish a I have also learned, Mr. Speaker, Milosevic back in Belgrade would ac- framework that would begin the end of that when that recommendation was cept any recommendations that we the Kosovo war. In fact, it was historic. discussed within that Federal agency, would develop. I did not know anything When we returned to Washington sev- the lawyers in the administration at about the Serb. I knew the Russians. eral weeks later I was contacted by the that time said, you cannot pursue con- But I figure I had better ask the CIA FBI and they said, Congressman, we tact with the FBI against that cell. what they knew about this Serb so I would like to debrief you. We would Mohamed Atta is in the U.S. on a green could be better prepared, and to make like you to tell us what you know card, and we are fearful of the fallout sure that the Serb was not a part of the about that Serb that you all met in Vi- from the Waco incident. So we did not Milosevic regime, because that would enna. I said, no problem, I will be allow that Federal agency to proceed. cause myself and my colleagues to be happy to do it Monday afternoon in my Mr. Speaker, what this now means is in violation of the Hobbs Act because office. The Friday before the Monday, that prior to September 11, we had em- we were at war with Serbia at that my D.C. office paged me with a 911 ployees of the Federal Government in time. page. When I called them they said, one of our agencies who actually iden- So I called George Tenet. I said, Di- you have got to call CIA Congressional tified the Mohamed Atta cell and made rector Tenet, can you give me some in- Affairs immediately, which I did. CIA

VerDate Aug 04 2004 05:06 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.109 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5245 Congressional Affairs said, Congress- Policy makers need an overarching infor- Overview—National Operations and Anal- man WELDON, we are going to fly two mation and intelligence architecture that ysis Hub: agents to Philadelphia this evening. will quickly assimilate, analyze and display Center dedicated to National Policy Mak- They will meet you at the airport, at a assessments and recommended course of ac- ers at White House, Congress and National tion from many national agencies simulta- Agencies; hotel, at your home, wherever you neously. Provides system of system advanced tech- want to meet them. And I said, I am Policy makers need tools to aid them in nological communications environment to sorry, I cannot do it. It is a weekend. It developing courses of action against threats harvest, analyze, display data as needed; is a Friday night. I have got events al- to U.S. policy, interests, or security. Coordinate and synchronize information ready planned. What is the urgency of Policy makers need virtual communica- among IC, S&T centers, military services; this meeting? And the CIA Congres- tions with one another. Provide near real time situational aware- sional Affairs person said well, Con- White House, Congress, Pentagon and at ness at the national level; Link virtually via a pod site to every par- gressman, we have been tasked by the the agency levels should each have centers they can go to and receive, send, share, dis- ticipating member agency; and State Department to brief our Ambas- cuss, and collaborate on assessments before Pod sites designed to pull together agency sador, who is negotiating the final they act. resources on single system of systems. terms to end the war in Kosovo, and he National Level Collaboration Solution: NOAH’s is staffed by members from par- needs to know something about this NOAH, National Operations and Analysis ticipating agencies. The staff has a 24 x 7, Serb that you met in Vienna. I said, Hub. high bandwidth, virtual connectivity to ex- well, the FBI has already called me for Tasks supported by NOAH’s overarching perts at agency Pod Sites. This provides de- that. Can we not do it together? And fi- collaborative environment: cision makers with real-time situational Provide Multi Issue, Multi-agency Hybrid awareness of adversary picture and courses. nally, after pushing back for 10, 15 min- Steps to Achieve NOAH Capability: utes, the CIA agreed. And so on Mon- Picture to White House Situation Room, JCS; Establish baseline capability by building day afternoon in my office I hosted HUMINT Support; initial Hub Center and congressional virtual four agents, two FBI and two CIA. Peackeeping Missions; hearing room. Equip White House Situation These agents asked me four pages of Humanitarian Aid; Room to Collaborate with these sites; questions about the Serb that I had Battle Damage Assessment; Staff the Hub Center with two reps from met with along with our colleagues in Develop and Leverage new Technologies of each of the 28 key participating agencies; Link up NOAH internal and external col- the House. important to national security; Support Congressional Committees/Hear- laborative environment; When I finished answering all their Hook in Back up Site for redundancy and questions and giving them all of the in- ings; Apply Analysis of Foreign Threat to Pol- begin training on collaborative tools; formation I had, I said to them, now icy; Build the 28 Key Agency Pod Sites along you know where I got my data from, Provide Hybrid Situational Awareness Pic- model of the Information Dominance Center right? And they said, well, you got it ture of the Threat; at Fort Belvoir, VA; from the Russians. I said, no. Well, you Incorprote Industrial Efforts of Interests Link all Pod Sites to NOAH hub center establish Protocols for Inter-agency data shar- got it from the Serb. I said, no. I said, to the Policy Maker; Link academia directly to policy maker; ing; before I left Washington, before I left Exercise live ability to retrieve, collate, my office, I called the Army’s Informa- and National Emergencies. analyze, display disparate data and provide tion Dominance Center and asked them NOAH can leverage existing networks to policy makers course of action analysis at to do me a favor. They ran a profile address diverse issues: the NOAH Hub Center; and and gave me 10 pages. The CIA rep and NOAH’s Hub Center if linked to other Refine procedures and Protocols. the FBI rep said, what is the Army’s agency centers electronically; Agencies Represented in the National Col- Each key agency must prossess a Pod Site laborative Center: Information Dominance Center, con- Central Intelligence Agency; Defense Intel- gressman? and be connected to the NOAH network; The Pod can consist of a large screen and ligence Agency; National Imagery and Map- It was then, Mr. Speaker, that I knew ping Agency; National Security Agency; Na- we had a problem; that our intelligence appropriate connect for collaboration. Oper- ations Centers can simply be converted into tional Reconnaissance Office; Defense Threat systems were not linked together, that NOAH; Reduction Agency; Joint Chiefs of Staff; the stovepipes were so great that we National Policy makers cannot control Army/LIWA; Air Force; Navy; Marine Corps; would never be able to deal with agency Pods, agencies must post replicated Joint Counter-Intelligence Assessment emerging transnational terrorist data on the NOAH system so that sister Group; ONDCP; and FBI. Drug Enforcement Agency; U.S. Customs; threats. So beginning in the spring of groups can access data; Support multi-level security requirements National Criminal Investigative Service; Na- 1999, I began a process working with tional Infrastructure Protection Center; De- the Army, and their subgroup working and can sanitize and ‘‘push’’ data to many types of users to many levels; fense Information Systems Agency; State with them, Special Forces Command NOAH can address National, law enforce- Department; Five CINCs; Department of En- down in Florida, which had a similar ment and military needs. The situation will ergy; Department of Commerce; Department capability to develop a national proto- determine the mission; of the Treasury; Justice Department; Office type, a prototype that could be pro- Ties policy maker, military and law en- of the Secretary of Defense; National Mili- viding support for the President, the forcement together; tary Command Center; and National Joint Military Intelligence Command. National Security Adviser, and all of Goals of the NOAH Hub Center is to apply agency operations, strategies analysis, tac- Elements to be connected to the national our policymakers. In fact, working to- collaborative center would include the White gether over a multiweek period, we tical assessments to a course of action for the policy maker; and House Situation Room, a Congressional Vir- came up with a plan, a document. And Optimizes group of expertise within each tual Hearing Room and a possible redundant, Mr. Speaker, I would like to place this organization—experts always on hand re- or back-up site. document in the RECORD at this point gardless of issue. This document, as you can see, Mr. in time. NOAH and Pod Site Network: Speaker, is entitled the NOAH, Na- NATIONAL OPERATIONS AND ANALYSIS HUB: Part of national policy creation and execu- tional Operations and Analysis Hub, NOAH tion system; Policy Makers’ Tool for Acting Against Policy makers’ tool for acting against Will existing sites and connectivities Emerging Transnational Threats and emerging transnational threats and dangers where available; Will share tools available at LIWA IDC so Dangers to U.S. National Security. to U.S. national security. This 9-page briefing, Mr. Speaker, was Policy makers need better decision support every agency has same tools; tools. All agencies will post data on NRO high- put together in the spring of 1999. Policy makers continue to work in a vacu- way in a replicated format sensitive to clas- I asked the Deputy Secretary of De- um. Briefings and testimonies are the pri- sification; fense, John Hamre, to take a look at mary vehicles for transmitting information NOAH’s Global Network will use NRO Sys- this capability. He went down to the to leadership. tem as backbone; LIWA and he came back and he said, The volume of information germane to na- All centers connect to other centers elec- Congressman, you are right. I agree tronically; and tional issues is expanding so rapidly that with you. This capability is amazing. It policy makers are overwhelmed with data. Mechanism for gathering, analyzing, dis- Policy makers need robust situational playing, tailoring, and disseminating all offers unlimited potential. How about awareness over growing asymmetric threats kinds of information quickly at the national sending me a letter describing your in- to national security. level. terest, Congressman?

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.110 H27PT1 H5246 CONGRESSIONAL RECORD — HOUSE June 27, 2005 So on July 30, 1999, I sent this 3-page full battlefield visualization, threat Congressman Weldon, I wholeheartedly letter to Deputy Secretary John profiling, robust situational awareness, as agree that combating asymmetrical Hamre, Deputy Secretary of Defense, well as near real-timer support to special threats challenging national security missions such as peacekeeping, humani- at his request, talking about creating tarian aid, national emergencies or special requires a collaborative interagency an integrated collaborative center for operations. approach as suggested in your concept all of our intelligence. I would like to For law enforcement, a national collabo- of the National Operations Analysis place this letter in the RECORD at this rative environment provides investigative Hub. We are actively engaged in assess- point in time, Mr. Speaker and threat profiling support, and field sta- ing how the department should lever- HOUSE OF REPRESENTATIVES, tion situational awareness. age ongoing activities and develop a Along with its system of connected agency Washington, DC, July 30, 1999. long-term strategy along these lines. I Hon. JOHN HAMRE, pod sites, NOAH would permit the display of collaborative threat profiling and analytical will keep you apprised of our progress. Deputy Secretary of Defense, I would be happy to meet with you on The Pentagon, Washington, DC. assessments on a large screen. It would be a DEAR DR. HAMRE: I believe the time has national level operations and control center the subject.’’ come to create a central national level enti- with a mission to intergrate various im- And then he puts a personal com- ty that can acquire, fuse and anaylze dis- agery, data and analytical viewpoints for de- ment on the note that I will read. ‘‘Sir, parate data from many agencies in order to cision-makers in support of national actions. this is a mealy-mouth response because support the policy maker in taking action I see NOAH as going beyond the capability of no one wants to commit to a LIWA- against threats from terrorism, prolifera- the National Military Command Center (NMCC) and the National Joint Military In- based solution. You know I am very tion, illegal technology diversions, espio- impressed by LIWA and see them in- nage, narcotics, information warfare and telligence Command (NJMIC), providing rec- cyberterrorism. These challenges are begin- ommended courses of action that allow us to volved in a range of activities. I would ning to overlap, thereby blurring their dis- effectively meet those emerging challenges like to get together with you to review tinction while posing increasing threats to from asymmetrical threats in near real- some of our thinking when you have our Nation. time. Given its mission, I believe that NOAH time. John.’’ Before we take action to counter these should reside in the Office of the Secretary Mr. Speaker, I would like to place of Defense (Attachment 2). emerging threats, we must first understand this in the RECORD. their relationship to one another, their pat- I am aware of the initiative to link coun- DEPUTY SECRETARY OF DEFENSE, terns, the people and countries involved, and terintelligence groups throughout the com- Washington, DC, October 21, 1999. the level of danger posed to our Nation. The munity. I am also aware of the Hon. CURT WELDON, Department of Defense has a unique oppor- counterterrorism center at the CIA, the new House of Representatives, tunity to create a centralized national cen- National Infrastructure Protection Center at Washington, DC. ter that can do this for the country. It would the FBI, and a new HUMINT special oper- DEAR CONGRESSMAN WELDON: I whole- be patterned after the Army’s Land Informa- ations center. I have heard of an attempt to heartedly agree that combatting the asym- tion Warfare Activity (LIWA) at Fort connect the Office of Drug Control Policy metrical threats challenging National Secu- Belvoir, but would operate on a much broad- (ONDCP) and OSD assets with federal, state rity requires a collaborative, inter-agency er scale. This entity would allow for near- and local law enforcement agencies. I also approach, as suggested in your concept of time information and analysis to flow to a have seen what the Army has done at LIWA, the National Operations Analysis Hub. We central fusion center, which I would des- which has created a foundation for creating are actively engaged in assessing how the ignate the National Operations Analysis Hub a higher-level architecture collaborating all Department should leverage ongoing activi- (NOAH). I think this title is fitting, as NOAH of these efforts. Each of these independent ties and develop a long-term strategy along will provide a central hub built to protect efforts needs to be coordinated at the na- these lines. our nation from the flood of threats. tional level. I believe LIWA has created a I will keep you apprised of our progress, NOAH would be comprised of a system of model that should be used as a basis for cre- and I would be happy to meet with you on agency-specified mini-centers, or ‘‘pods’’ of ating the participating agency pod sites. this subject. participating agencies and services associ- I do not expect that establishment of Sincerely, ated with growing national security con- NOAH should exceed $10 million. Each agen- JOHN J. HARME. cerns (attachment 1). NOAH would link the cy involved could set up its own pod to con- policymaker with action recommendations nect with the central NOAH site or to ex- b 2330 derived from fused information provided by change data with any of its participants. the individual pods. NOAH would provide the Each agency could dedicate monies to estab- Mr. Speaker, that was in October of automation and connectivity to allow the lish their own pod site, while the $50 million 1999 at John Hamre’s suggestion on No- pods to talk together, share data and per- available in DARPA for related work could vember 4 of 1999, almost 2 years before spectives on a given situation in a near real- be used to establish the NOAH structure im- 9/11. I had John Hamre and the rep- time, computer-based environment. mediately. resentatives of the CIA and the FBI in The NOAH concept of a national collabo- The NOAH center in the Office of the Sec- my office. And at John Hamre’s sugges- retary of Defense would be comprised of rep- rative environment supporting policy and decision-makers mirrors the ideas you have tion, we went through the 9-page brief- resentatives from an initial cluster of pod ing to create an overarching national sites to include: CIA, DIA, National Imagery expressed to me in recent discussions, and it and Mapping Agency (NlMA), NSA, NRO, De- is a tangible way to confront the growing collaborative center. When I finished fense Threat Reduction Agency (DTSA), assymetrical threats to our nation. I have a the briefing which had been prepared JCS, Army, Air Force, Navy, Marine Corps, number of ideas regarding staffing options for me with our intelligence officials ONDCP, FBI, DEA, Customs, National Crimi- and industry collaboration, and would appre- off the record, the CIA said, Congress- ciate the opportunity to discuss them with nal Investigative Service (NCIS), National man WELDON, that is all well and good, you. Thank you for your consideration. I Infrastructure Protection Center. Defense but we really do not need that capa- Information Systems Agency (DISA), State, look forward to hearing from you at your earliest convenience. bility. It is not necessary. We are doing the five CINCS, DOE, INS, Commerce. Treas- something called CI–21; and, therefore, ury. Sincerely, Elements which would be connected into CURT WELDON, we do not need to pursue that multi- NOAH would include the White House Situa- Member of Congress. system approach that you have out- tion Room, a Congressional Virtual Hearing Secretary Hamre was interested and lined where we bring in all of these Room and a possible redundant (back up) he told me, Congressman, I will even other classified systems. site. pay the bill. The Defense Department I was very unhappy with that re- The benefits of creating a NOAH include: sponse because I knew full well the For national policy makers, a national col- will provide the funding for this. And I laborative, environment offers situations up- do not care where they put it, Con- Army and our special forces commands dates across a variety of issues and offers gressman. It could be at the White were using that capability at that very suggested courses of action, based on anal- House, it could be at the NSC, wher- moment in a special project against al ysis, to help government officials make more ever it is most appropriate, but I will Qaeda. informed decisions. pay the bill. But, Congressman, the So, Mr. Speaker, in 1999 and in 2000 For the Intelligence Community, a na- problem is not with me or the money. and in 2001, I put language in each of tional collaborative environment will help You have got to convince the CIA and our defense bills calling for the cre- end stovepiping and create more robust strategic analyses as well as near real-time sup- the FBI that this is something they ation of a national collaborative center port to field operations. want to pursue. to bring together our disparate intel- For military commanders and planners, a In fact, he wrote me a letter, Mr. ligence capabilities and systems for 3 national collaborative environment offers Speaker, dated October 21, 1999: ‘‘Dear consecutive years. And, in fact, one of

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.111 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5247 those bills required a response by the While Weldon continues to push for NOAH FUSION CENTER CONCEPT TAKES ROOT AS CIA as to why this system had not been to be patterned after LIWA, he sees it oper- CONGRESSIONAL INTEREST WAXES put into place. ating on a much larger scale. Impressed by [From Signal, Apr. 2000] its ability to pull together huge amounts of But in the meantime, on November Creation of a national operations and anal- 12, 1999, the Defense Information and both unclassified and classified data, Weldon noted LIWA’s Information Dominance Cen- ysis hub is finding grudging acceptance Electronics Report published an article ter can create in-depth profiles that could be among senior officials in the U.S. national about the need for a massive intel- useful to the CIA, FBI and the White House. security community. This fresh intelligence ligence network for shared threat in- Yet most federal agencies don’t even know mechanism would link federal agencies to formation. On April of 2000, Signal LIWA exists, he added. provide instant collaborative threat Magazine did another story on a fusion ‘‘Right now the military is limited to [its] profiling and analytical assessments for use center concept taking root as we kept own sources of information,’’ Weldon said. against asymmetrical threats. National policy makers, military commanders and law pushing this process. ‘‘And in the 21st century, a terrorist group is more than likely going to be involved with enforcement agencies would be beneficiaries Mr. Speaker, the following are both of the hub’s information. of these articles: terrorist nations. So the boundaries are crossed all the time. We don’t have any way Prodded by a resolute seven-term Pennsyl- [Nov. 12, 1997] to share that and get beyond the stove-pip- vania congressman and reminded by recent DEFENSE INFORMATION AND ELECTRONICS ping.’’ terrorist and cyberthreat activities, the U.S. REPORT Meanwhile, officials within the Defense Defense Department is rethinking its earlier WELDON: DOD NEEDS MASSIVE INTELLIGENCE Department’s intelligence community have aversion to the idea, and resistance is begin- NETWORK FOR SHARED THREAT INFORMATION been considering another way to amass intel- ning to crumble. Funding to establish the Senior Pentagon officials are mulling over ligence information through a concept called national operations and analysis hub an idea proposed by Rep. Curt Weldon (R– the Joint Counter-intelligence Assessment (NOAH), which would link 28 federal agen- PA) that would link classified and unclassi- Group. A DOD spokeswoman said proponents cies, is anticipated as a congressional add-on fied documents in a massive intelligence of the idea, for now, are unwilling to disclose in the Defense Department’s new budget. An clearinghouse that could be accessed by 33 details about it. She was also unable to say initial $10 million in funding is likely in fis- federal agencies—a concept similar in some whether a formal proposal to Hamre had cal year 2001 from identified research and de- ways to one floated by DOD intelligence offi- been made yet. velopment accounts. cials but with significantly fewer players in- In Weldon’s July 30 letter to Hamre, how- Spearheading the formation of NOAH is volved. ever, Weldon alludes to an ongoing ‘‘initia- Rep. Curt Weldon (R–PA), chairman of the ‘‘Our problem with intelligence is that tive to link counterintelligence groups U.S. House of Representatives National Se- we’re stove-pipped,’’ said Weldon, chairman throughout the community.’’ curity Committee’s military research and of the House Armed Services military re- ‘‘I have heard of an attempt to connect the development subcommittee. He emphasizes search and development subcommittee, dur- Office of Drug Control Policy (ONDCP) and that challenges facing U.S. leaders are begin- ing a Nov. 8 interview. ‘‘Each agency has its [Office of the Secretary of Defense] assets ning to overlap, blurring distinction and ju- own way of collecting data and analyzing it, with federal, state and local law enforcement risdiction. ‘‘The increasing danger is both but they don’t share that information with agencies,’’ Weldon wrote. However, Weldon domestic and international.’’ other agencies. The need is to have a better said in the interview he believes JCAG is Conceptually, NOAH would become a na- system of analyzing and fusing data sets simply more ‘‘stove-pipping.’’ tional-level operations and control center across agencies and services—certainly with- ‘‘I also have seen what the Army has done with a mission to integrate various imagery, in the Pentagon and the military, but my at LIWA, which has created a foundation for data and analytical viewpoints. The intel- opinion is that we have to go further than creating a higher-level architecture collabo- ligence products would support U.S. actions. that.’’ rating all of these efforts,’’ his July letter ‘‘I see NOAH as going beyond the capability Weldon first proposed the concept of a states. of the National Military Command Center ‘‘National Operations Analysis Hub’’ to Dep- NOAH would link together almost every and the National Joint Military Intelligence uty Defense Secretary John Hamre last July, federal agency with intelligence capabilities, Command. NOAH would provide rec- although the congressman said he kept his including the National Security Agency, the ommended courses of action that allow the initiative quiet until a stronger plan could Nation Imagery and Mapping Agency, the U.S. to effectively meet emerging challenges be developed. Energy Department, the CIA and the FBI. in near real time,’’ the congressman illus- The Pentagon-funded network of agencies Both Congress and the White House would be trates. would be operated by DOD. According to offered a ‘‘node’’ for briefing capabilities, ‘‘This central national-level hub would be Weldon, it would pull together large meaning intelligence agencies could detail composed of a system of agency-specified amounts of information to produce intel- situations on terrorist attacks or wartime mini centers, or ‘pods,’ of participating agen- ligence profiles of people, regions and na- scenarios. cies and services associated with growing na- ‘‘It’s mainly for policymakers, the White tional security threats, such as information tional security concerns,’’ Weldon reports. House decision makers, the State Depart- warfare and cyber-terrorism. ‘‘NOAH would link the policy with action ment, military, and military leaders,’’ he ‘‘The NOAH concept of a national collabo- recommendations derived from fused infor- said. rative environment supporting policy and mation provided by the individual pod.’’ Au- Although information sharing among the decision-makers mirrors the ideas you have tomation and connectivity would allow the intelligence community has yet to be for- expressed to me in recent discussions, and it to talk to each other in a computer-based en- malized through NOAH or JCAG or a similar is a tangible way to confront the growing vironment to share data and perspectives on system, military officials have said they asymmetrical threats to our nation.’’ a given situation. Weldon wrote in his July 30 letter to Hamre. need some kind of linked access capability. The congressman believes that NOAH The NOAH concept, however, was not Intelligence systems need to be included should reside within the Defense Department wholeheartedly embraced by Hamre, who within the Global Information Grid—the and is modeling the hub’s concept on a U.S. met with Weldon last summer and told the military’s vision of a future global network Army organization he closely follows. He congressman his suggested use of the Army’s that could be accessed from anywhere in the says the idea for NOAH comes from officials Land Information Warfare Activity at Ft. world, said Brig. Gen. Manlyn Quagliotti, in several federal agencies. However, it is Belvoir, VA, as a model for NOAH, would vice director of the Joint Staff’s command also based on his own experiences with the never stick. and control, communications and computers Because LIWA is already short of re- directorate, during a Nov. 5 speech on infor- U.S. Army’s Intelligence and Security Com- sources, the Army is apprehensive about tak- mation assurance at a conference in Arling- mand’s (INSCOM’s) Land Warfare Informa- ing on any new tasks, Hamre told Weldon. ton, VA. tion Activity (LIWA) and Information Domi- Weldon, in a July 21 letter to Hamre, also ‘‘We need a more integrated strategy, in- nance Center, Fort Belvoir, Virginia. urged the Pentagon to support additional fu- cluding help from [the Joint Staff’s intel- Patterned after LIWA (SIGNAL, March, ture funding for LIWA, citing critical budget ligence directorate] with Intelligence reports page 31), NOAH would display collaborative shortfalls that he said have kept the agency or warnings of an attack,’’ he said. threat profiling and analysis with the aid of from fulfilling a barrage of requests for in- Quagliotti said the toughest challenge for a variety of electronic tools, the hub would telligence files from Army commanders (De- achieving ‘‘information superiority’’ is the support national actions, Weldon discloses. fense Information and Electronics Report, need to unite networks and network man- The congressman is conscious of other ini- July 30, p1). agers under one command structure with tiatives such as linking counterintelligence ‘‘There’s massive amounts of data out stronger situational awareness capabilities. groups throughout the community. He also there, and you have to be able to analyze it Part of [the challenge] is the over- is aware of the Central Intelligence Agen- and create ways to focus on that data so its whelming amount of information, the ability cy’s, (CIA’s) counterterrorism center, the relevant to whatever you’re interested in,’’ to access that Information, and the ability Federal Bureau of Investigation’s (FBI’s) Na- he said this week about his support for to reach back and get that information, tional Infrastructure Protection Center and LIWA. ‘‘Well the Army has already done which means that networks become more a new human intelligence (HUMINT) special that.’’ crucial to the warfight’’ she said. operations center, ‘‘We don’t need another

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.113 H27PT1 H5248 CONGRESSIONAL RECORD — HOUSE June 27, 2005 analytical center. Instead, we need a nation from those systems,’’ he explains. on hand regardless of the issue. This ap- tional-level fusion center that can take al- ‘‘Some is unclassified and some classified.’’ proach ties strategic analysis and tactical ready analyzed data and offer courses of ac- Weldon cites an ‘‘extraordinary capability assessment to a course of action. ‘‘Before the tion for decision making,’’ he insists. by a former CIA and Defense Intelligence U.S. can take action against emerging Weldon’s wide experience in dealing with Agency official, who is a LIWA profiler, as threats, we must first understand their rela- officials from the FBI, CIA and the National one of the keys in LIWA’s success. She does tionship to one another, their patterns, the Security Agency (NSA) convince him that the profiling and knows where to look and people and countries involved and the level policy makers are continuing to work in a which systems to pull information from in a of danger posed to our nation,’’ Weldon say’s vacuum. ‘‘Briefings and testimonies are the data mining and extrapolation process,’’ he ‘‘That is where NOAH begins.’’—CAR proclaims. ‘‘She makes the system work.’’ primary vehicles for transmitting informa- So we have pushed the process, Mr. tion to leaders. The volume of information Weldon intends to use LIWA’s profiling ca- germane to national security issues is ex- pability as a model for building NOAH. ‘‘My Speaker. We pushed it in legislation panding so rapidly that policy makers are goal is to go beyond service intelligence passed by this Congress 3 years in a overwhelmed with data,’’ he claims. agencies and integrate all intelligence col- row. I pushed it publicly in magazine Robust situational awareness of asym- lection. This must be beyond military intel- articles, in newspapers, in speeches be- metric threats to national security is a key ligence, which is too narrow in scope, to pro- fore intelligence symposiums and agen- in assisting leaders, Weldon observes. ‘‘Pol- vide a governmmentwide capability. Each cy briefings; but the CIA continued to icy makers need an overarching information agency with a pod linked to NOAH would provide two staff members assigned at the balk. and intelligence architecture that will In fact, Mr. Speaker, I have one of quickly assimilate, analyze and display as- hub, which would operate continuously. Data sessments and recommend courses of action brought together in ‘‘this cluster would be the report languages from H.R. 5408, for many simultaneous national emer- used for fusion and profiling, which any the conference report printed October gencies,’’ he declares. The concept of NOAH agency could then request,’’ he maintains. 6, 2000, the section entitled ‘‘Joint Re- also calls for virtual communications among NOAH would not belong to the Army, port on Establishment of a National policy makers. which would continue with its own intel- Collaborative Information Analysis Ca- Weldon’s plan is for White House, Con- ligence capabilities as would the other services. There would only be one fusion center, pability.’’ gress, Pentagon and agency-level leaders That section is as follows: each to have a center where they receive, which would handle input from all federal agencies and from open sources, Weldon ex- Joint report on establishment of national send, share and collaborate on assessments collaborative information analysis capa- before they act. He calls NOAH the policy plains. ‘‘NOAH would handle threats like information operations and examine stability bility (sec. 933) maker’s tool. In the collaborative environ- The House bill contained a provision (sec. ment, the hub would provide a multiissue, in various regions of the world. We need this ability to respond immediately.’’ The con- 905) that would: (1) require the Secretary of multiagency hybrid picture to the White Defense and the Director of Central Intel- House situation room and the Joint Chiefs of gressman adds that he recently was briefed by LIWA on very sensitive, very limited and ligence to prepare a joint report assessing al- Staff. ternatives for the establishment of a na- NOAH’s concept also includes support for scary profile information, which he describes tional collaborative information analysis ca- HUMINT and peacekeeping missions along as ‘‘potentially explosive.’’ In turn, Weldon pability; (2) require the Secretary of Defense with battle damage assessment. The same arranged briefings for the chairman of the to complete the data mining, profiling, and system could later help brace congressional House National Security Committee, the analysis capability of the Army’s Land Infor- committees and hearings. The new capa- Speaker of the House and other key congres- mation Warfare Activity; and (3) restrict bility would allow application of foreign sional leaders. ‘‘But this kind of profiling capability is funds to establish, support, or implement a threat analyses to policy, while providing a very limited now. The goal is to have it on data mining and analysis capability until hybrid situational awareness picture of the a regular basis. The profiling could be used such a capability is specifically authorized threat, Weldon relates. Industrial efforts of for sensitive technology transfer issues and by law. interest to the policy maker could be incor- information about security breaches,’’ the The Senate amendment contained no simi- porated, and academia also could be directly congressman allows. LIWA has what he lar provision. linked. terms the fusion and profiling state-of-the- The Senate recedes with an amendment In meetings with high-level FBI, CIA and art capability in the military, ‘‘even beyond that would: (1) require the Secretary of De- defense officials, Weldon stressed the need to the military.’’ Weldon is pressing the case fense and the Director of Central Intel- ‘‘acquire, fuse and analyze disparate data for NOAH among leaders in both houses of ligence to prepare a joint report assessing al- from many agencies in order to support the Congress. ‘‘It is essential that we create a ternatives for the establishment of a na- policy maker’s actions against threats from governmentwide capability under very strict tional collaborative information analysis ca- terrorism, [ballistic misile] proliferation, il- controls.’’ pability; and (2) require the Secretary of De- legal technology diversions, espionage, nar- Weldon adds that establishing NOAH is not fense to complete the data mining, profiling, cotics [trafficking], information warfare and a funding issue; it is a jurisdictional issue. and analysis capability of the Army’s Land cyberterrorism.’’ He is convinced that cur- ‘‘Some agencies don’t want to tear down Information Warfare Activity. The amend- rent collection and analysis capabilities in their stovepipes. Yet, information on a drug ment would not restrict funds, but would re- various intelligence agencies are stovepiped. lord, as an example, could be vitally impor- quire the Secretary to make appropriate use ‘‘To some extent, this involves turf protec- tant to help combat terrorism.’’ He makes a of such capability to provide support to ap- tion, but it clearly hinders policy making.’’ point that too often, federal agencies overlap propriate national defense components. Weldon, who was a Russian studies major, each other in their efforts to collect intel- offers some of his own recent experiences as ligence against these threats, or they fail to Mr. Speaker, to push this process, a examples of why there is a strong need for pool their resources and share vital informa- report came back from the CIA dated NOAH. He maintains close contact with a tion. ‘‘This redundancy of effort and confu- May 1, 2001, just a few short months be- number of Russians and understands their sion of jurisdiction only inhibits our nation’s fore 9/11. And I will read one sentence programs and technologies. The congressman capabilities,’’ he offers. in this report in the summary: ‘‘A sin- is quick to recall vignettes about Russian of- NOAH would provide high-bandwidth, vir- gle overarching collaborative solution ficials and trips to facilities in the region. tual connectivity to experts at agency pod During the recent U.S. combat action in- sites. Protocols for interagency data sharing addressing the totality of mission re- volvement in Kosovo, Weldon was contacted would be established and refined in links to quirements is not practical.’’ by senior Russian officials.* * * all pod sites. The ability to retrieve, collate, In other words, the CIA said, We can- Weldon learned from the agents that they analyze and display data would be exercised not create what the Department of De- were seeking information on Karic to brief to provide possible courses of action. A fense already has. Now, Mr. Speaker, the State Department. When he explained backup site would be established for redun- the Department of Defense and the that the information came from the Army dancy, and training would begin on collabo- Army and our special forces commands and LIWA, the CIA and FBI agents had no rative tools as soon as it is activated. knowledge of that organization, he confirms. The hub system would become part of the already had this capability, and they Before his departure for Vienna, the con- national policy creation and execution sys- were using it in 1999 and 2000. I knew gressman received a six-page LIWA profile of tem. The tools available at LIWA would be they were using it, but was not quite Karic and his family’s links to Milosevic. shared so that every agency would have the sure of the extent of the use until 2 ‘‘This is an example of why an organiza- same tools. Weldon explains that all agen- weeks after 9/11. tion like NOAH is so critically necessary,’’ cies would post data on the National Recon- Mr. Speaker, exactly 2 weeks after Weldon contends. ‘‘LIWA’s Information naissance Office (NRO) highway in a rep- 9/11 where I lost some very good Dominance Center provides the best capa- licated format sensitive to classification. friends, Ray Downey, the chief of all bility we have today in the federal govern- NOAH’s global network would use the NRO ment to assess massive amounts of data and system as a backbone. rescue for the New York City Fire De- develop profiles. LIWA uses its contacts with NOAH optimizes groups of expertise within partment and one of my best friends, other agencies to obtain database informa- each organization—experts who are always was the chief of all rescue at Ground

VerDate Aug 04 2004 05:06 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.059 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5249 Zero when the first tower came down. you cannot see this from a distance, card and they could not go after some- It was Ray Downey who had taken me but right here in the center is the one with a green card. through the Trade Center in 1993 when name of the leader of the New York I have also been told, Mr. Speaker, bin Laden hit us the first time. It was cell. And that name is very familiar to that it was because of the fear of the Ray Downey who convinced me in the the people of America. That name is lawyers of the fallout that had oc- late 1990s to introduce legislation, Mohammed Atta, the leader of the 9/11 curred on the Waco attack in Texas eventually becoming law, to create a attack against us. So prior to 9/11, this just a short time earlier. Mr. Speaker, commission to make recommendations military system that the CIA said we if that is, in fact, the case, that is an to prepare for the next terrorist threat. did not need and could not do actually outrage and a scandal. If our reason for My legislation was passed, became gave us the information that identified not going after the Mohamed Atta cell law, and created what is now known as Mohammed Atta’s cell in New York. was because of the fear of the fallout the Gilmore Commission, chaired by And with Mohammed Atta they identi- from Waco, then someone needs to an- Virginia Governor Jim Gilmore. Ray fied two of the other terrorists with swer some questions. Downey was one of those commis- them. The bottom line process in all of this, sioners. The Gilmore Commission and But I learned something new, Mr. Mr. Speaker, is that this capability, Ray Downey gave us three reports be- Speaker, over the past several weeks which the CIA said we did not need, fore 9/11 of recommendations of things and months. I have talked to some of which the CIA said was not necessary, we should be doing to prepare for the the military intelligence officers who which was, in fact, being used by the next terrorist attack. And they gave us produced this document, who worked military, both the Army and Special those three reports before 9/11 oc- on this effort. And I found something Forces command did something the curred. In fact, almost 40 percent of the out very startling, Mr. Speaker. Not CIA did not do. It identified the key recommendations of the 9/11 Commis- only did our military identify the Mo- cell of Mohamed Atta prior to 9/11, and sion were actual recommendations of hammed Atta cell; our military made a it actually gave us a suggestion to deal the Gilmore Commission. But because recommendation in September of 2000 with that cell. Mr. Speaker, this story the attack had not occurred, it did not to bring the FBI in to take out that needs to be investigated. This informa- get as much visibility. cell, the cell of Mohammed Atta. So tion needs to be pursued. On September 11, Ray Downey was Now, Mr. Speaker, in spite of the now, Mr. Speaker, for the first time I killed. I brought his wife and five kids CIA’s refusal to implement a national can tell our colleagues that one of our to my district 1 month after 9/11, and collaborative center, thank goodness agencies not only identified the New 40,000 of my constituents came out to our President did respond, and in Janu- York cell of Mohammed Atta and two honor Ray as an American hero at a ary of 2003, standing in this very cham- of the terrorists, but actually made a parade ending at our county park. ber, in the State of the Union speech, We also lost one of my neighbors, Mr. recommendation to bring the FBI in to he announced the TTIC, the Terrorism Speaker, a fellow graduate of West- take out that cell. And they made that Threat Integration Center. Mr. Speak- chester University, Michael Horrocks recommendation because Madeleine er, the TTIC is identical to the NOAH, who served our Nation in the Navy, was Albright had declared that al Qaeda, an no different, same concept, same de- a pilot on one of the planes that was international terrorist organization, sign, linkage together in one location commandeered on September 11. Mi- and the military units involved here of all 33 classified systems. chael left behind a young wife, a teach- felt they had jurisdiction to go to the But, Mr. Speaker, we proposed that er in my district, and two young chil- FBI. in 1999, 2 years prior to 9/11. The admin- dren in the Rose Tree Media School Why, then, did they not proceed? istration put it into place in January District. In fact, we built a playground That is a question that needs to be an- of 2003. That is the same capability in Michael’s honor at the school of the swered, Mr. Speaker. I have to ask, Mr. that the CIA said we do not need that, two children. Speaker, with all the good work that Congressman; we cannot do that, Con- Mr. Speaker, September 11 touched the 9/11 Commission did, why is there gressman; we have better ways to as- all of us; 3,700 of us were wiped out. nothing in their report about able dan- sess emerging threats. TTIC has now Two weeks after 9/11, my friends from ger? Why is there no mention of the been reformed. It is now known as the the Army’s Information Dominance work that able danger did against al NCTC, the National Counterterrorism Center in cooperation with special ops Qaeda? Why is there no mention, Mr. Center, but Mr. Speaker, I still have brought me a chart. This chart, Mr. Speaker, of a recommendation in Sep- concerns, and I rise this evening to ex- Speaker, this chart. Two weeks after tember of 2000 to take out Mohammed press those concerns. 9/11, I took the basic information in Atta’s cell which would have detained This capability was produced in 1999 this chart down to the White House. I three of the terrorists who struck us? and 2000 by the IDC, the Information had asked for a meeting with Steve b 1140 Dominant Center. I asked them to up- Hadley, who at that time was Deputy date me on al Qaeda, to show me what National Security Advisor. The chart Those are questions, Mr. Speaker, they can do today at the IDC. This, Mr. was smaller. It was 2 feet by 3 feet, but that need to be answered. Speaker, is al Qaeda today. It is obvi- the same information was in the cen- Last week, I asked the gentleman ously impossible for anyone watching ter. from California (Mr. HUNTER), the our television monitor to see what is Steve Hadley looked at the chart and chairman of the Committee on Armed on this chart. I have had this chart said, Congressman, where did you get Services, my good friend, and the gen- magnified by a large factor and have that chart from? I said, I got it from tleman from Michigan (Mr. HOEKSTRA), large copies in my office. the military. I said, This is the process; the chairman of the Permanent Select Each of these little individual people this is the result of the process that I Committee on Intelligence, my good are cells of al Qaeda, are groups of al was pitching since 1999 to our govern- friend, who I have the highest respect Qaeda, clusters of al Qaeda around the ment to implement, but the CIA kept for both of these individuals, to allow world. In fact, Mohamed Atta’s cell is saying we do not need it. us to proceed with an investigation identified in this chart. This chart, Mr. Steve Hadley said, Congressman, I that has not yet been brought forward Speaker, was prepared through the na- am going to take this chart, and I am to the American people and our col- tional collaborative efforts of our IDC, going to show it to the man. The man leagues in this body. using, Mr. Speaker, open source data. that he meant, Mr. Speaker, was the We need to know, Mr. Speaker, why That chart was produced with open President of the United States. I said, those recommendations, if they, in source data. Mr. Hadley, you mean you have not fact, occurred, as my intelligence mili- What troubles me, Mr. Speaker, is in seen something like this before from tary friends told me that they oc- talking to my friends in the defense the CIA, this chart of al Qaeda world- curred, why were they stopped. Now, community who work with the NCTC, I wide and in the U.S.? And he said, No, Mr. Speaker, I have been told infor- have learned that quite possibly the Congressman. So I gave him the chart. mally that they were stopped because NCTC cannot duplicate this capability. Now, Mr. Speaker, what is inter- the lawyers at that time in 2000 told That is a question I plan to get an- esting in this chart of al Qaeda, and them that Mohamed Atta had a green swered this week because we have a

VerDate Aug 04 2004 05:06 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.115 H27PT1 H5250 CONGRESSIONAL RECORD — HOUSE June 27, 2005 very new and very capable leader of the the 9/11 Commission not ask the ques- do we not want to see the answers to NCTC that hopefully will tell me I am tion about the military’s recommenda- the questions I have raised tonight? wrong, that they can produce this kind tion against the Mohamed Atta cell? Who made the decision to tell our mili- of capability to understand a threat Why did the 9/11 Commission not docu- tary not to pursue Mohamed Atta? Who group like al Qaeda. ment the internal battles and disputes made the decision that said that we are I rise tonight, Mr. Speaker, to raise between agency personnel going after fearful of the fallout from Waco politi- the importance of intelligence collabo- the same terrorist organization al cally? ration. We can never allow ourselves to Qaeda? Were those decisions made by law- return back to the days prior to 9/11, to If we are truly going to have an un- yers? Were they made by policy- the days where individual agencies or derstanding of the need to reform our makers? Who within the administra- individual agencies that think that intelligence system, then we have to be tion in 2000 was responsible for those they have all of the answers in pro- honest with the American people about actions? This body and the American viding security for our country and in- the past. people need to know. telligence for our agencies and our pol- f b 2350 icy-makers. Mr. Speaker, we can never CORRECTION TO THE CONGRES- Mr. Speaker, I rise tonight because I return to the days of 1999 and 2000, and SIONAL RECORD OF FRIDAY, am very troubled by what I have seen I hope this is not the case today, but JUNE 24, 2005, AT PAGE H5116 back in those days where the agency and by what I have heard. I have inter- Mr. GEORGE MILLER of California. bureaucrats were fighting with each viewed and talked to some very brave Mr. Chairman, I have a point of per- other over who would take credit for military intelligence officers who, back in 1999 and 2000, were involved in pro- sonal privilege. the best information. Let me read a Mr. Chairman, I believe, under the couple of excerpts, Mr. Speaker. tecting America. They knew what we needed, and they were trying to do it. traditions of the House, the Chair is Back in 1999, when I was pushing the the Speaker of the Who1e House, and CIA to establish this collaborative ca- As I have read to you, there were some in other agencies, especially the CIA the Chair has an obligation to call the pability and our military was actually vote in the manner in which the vote and some in DIA, who were saying you using that capability, focusing on was arrived at under the voice vote. It cannot do that, that is not your area. emerging threats like al Qaeda, this is not a question of whether the ayes or That is our area. You cannot steal our conversation went back and forth, Mr. the noes will prevail on a recorded thunder. That is our job, not your job. Speaker, September 1999. This is, by vote. The question is what happened on Never again, Mr. Speaker, can we the way, written from military intel- the floor at that particular time. In ligence officers, a summary of notes to allow agency bureaucrats to argue over this instance, the yeas prevailed, and me. who is going to get the credit for solv- the Chair said the noes prevailed. At the military’s inception, the CIA ing the next attack or planned attack A number of years ago, we had very drags its feet and limits its support to against us. I do not rise tonight, Mr. heated debates on this floor from the the effort. In an off-the-record con- Speaker, to embarrass anyone. I rise Republican side, from Mr. Walker, be- versation between the DCI and the CIA tonight because of my own frustration. cause they felt that they were insulted, representative to this military unit, a We knew 6 years ago what direction we especially when cameras came into man that I will call Dave and our mili- had to go. The agency said we do not this Chamber, that the Chair would tary intelligence officer explains that need that, Congressman, we know bet- call votes against their interests when even though he understands the mili- ter than the Congress. Trust us. they clearly prevailed on the voice. tary’s effort is against the global infra- Thank goodness President Bush put The Chair was admonished by the structure of al Qaeda, he tells me that that system in place when he took of- Speaker of the House, and we went the CIA will, and I quote, never provide fice. If we had had that system in 1999 back to what was the traditionally fair the best information on al Qaeda, end and 2000, which the military had al- point of view. quote. Why would they not do that? Be- ready developed as a prototype, and if So I would ask the Chair in the fu- cause of the effort that they were tak- we had followed the lead of the mili- ture, and future Chairs, to recognize ing as part of a finding they had on bin tary entity that identified the al Qaeda that the Chair is calling the event that Laden himself and if the military’s cell of Mohamed Atta, then perhaps, takes place in front of the Chair on the project was successful it would, quote, Mr. Speaker, 9/11 would never have oc- floor, not what the Chair perceives to steal their thunder. Steal the CIA’s curred. Certainly taking out the be, and may be correctly so, the out- thunder. Mohamed Atta cell and two of the ter- come of the vote later on in the day Dave went on to say that short of the rorists that were with him, would have when the recorded vote is taken. CINC, General so and so, calling the Di- had a profound positive impact in shut- Mr. Chairman, I demand a recorded rector, George Tenet, directly, the CIA ting down the major plan against us vote on the Chair’s ruling. would never provide the best informa- that moved forward on September 11, f tion to the military on al Qaeda. To 2001. CORRECTION TO THE CONGRES- my knowledge, that information was Mr. Speaker, I have placed these doc- SIONAL RECORD OF FRIDAY, never provided. uments in the RECORD because I want JUNE 24, 2005, AT PAGE H5163 Mr. Speaker, never again can Amer- our colleagues to have a chance to read The SPEAKER pro tempore. Pursu- ica allow intelligence bureaucrats to them. I want our colleagues to see the ant to House Resolution 337, the pre- argue back and forth over who is going facts and the information, and I want vious question is ordered. to steal whose thunder, that you heav- to support our very capable chairman, Mr. DELAY. Mr. Speaker, I ask unan- en forbid would want to embarrass the the gentleman from California (Mr. imous consent that the minimum time CIA because a military intelligence HUNTER) and the gentleman from for electronic voting on any motion to unit got information that is supposed Michigan (Mr. HOEKSTRA) as they move recommit may be 5 minutes, notwith- to be under their authority and juris- forward with an investigation. standing that it would be the first vote diction. We have to ask the question, why in a series. Mr. Speaker, I am not going to read have these issues not been brought The SPEAKER pro tempore. Is there all these pages, but this classified in- forth before this day? I had my Chief of objection to the request of the gen- formation that I have to back up what Staff call the 9/11 Commission staff and tleman from Texas? I have given in unclassified format, ask the question: Why did you not Mr. OBEY. Mr. Speaker, reserving will be provided and has been provided mention Able Danger in your report? the right to object, we cannot hear. for the chairman of our intelligence The Deputy Chief of Staff said, well, we Mr. Speaker, I withdraw my objec- oversight committee and our armed looked at it, but we did not want to go tion, and I support the gentleman’s services oversight committee. down that direction. motion. Again, I have to ask the question, So the question, Mr. Speaker, is why The SPEAKER pro tempore. Is there why did the 9/11 Commission not inves- did they not want to go down that di- objection to the request of the gen- tigate this entire situation? Why did rection? Where will that lead us? Why tleman from Texas?

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K27JN7.116 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5251 There was no objection. Mr. BROWN of Ohio, for 5 minutes, for printing and reference to the proper Is a separate vote demanded on any today. calendar, as follows: amendment? If not, the Chair will put Mr. SCHIFF, for 5 minutes, today. Mr. LINCOLN DIAZ-BALART of Florida: them en gros. Mr. BERMAN, for 5 minutes, today. Committee on Rules. House Resolution 341. The amendments were agreed to. Ms. WATSON, for 5 minutes, today. Resolution providing for consideration of the ´ The SPEAKER pro tempore. The Ms. LINDA T. SANCHEZ of California, bill (H.R. 3057) making appropriations for question is on the engrossment and for 5 minutes, today. foreign operations, export financing, and re- third reading of the bill. Ms. WATERS, for 5 minutes, today. lated programs for the fiscal year ending (The following Members (at the re- The bill was ordered to be engrossed September 30, 2006, and for other purposes quest of Mr. GUTKNECHT) to revise and (Rept. 109–155). Referred to the House Cal- and read a third time, and was read the extend their remarks and include ex- endar. third time. traneous material:) Mr. LINCOLN DIAZ-BALART of Florida: f Mr. MORAN of Kansas, for 5 minutes, Committee on Rules. House Resolution 342. LEAVE OF ABSENCE June 29. Resolution providing for consideration of the Mr. FRANKS of Arizona, for 5 minutes, bill (H.R. 3058) making appropriations for the By unanimous consent, leave of ab- June 29 and 30. Departments of Transportation, Treasury, and Housing and Urban Development, the sence was granted to: Mr. JONES of North Carolina, for 5 Mr. ABERCROMBIE (at the request of Judiciary, District of Columbia, and inde- minutes, June 28, 29, and 30. pendent agencies for the fiscal year ending Ms. PELOSI) for today on account of Mr. PRICE of Georgia, for 5 minutes, business in the district. September 30, 2006, and for other purposes today. (Rept. 109–156). Referred to the House Cal- Mr. BISHOP of New York (at the re- Ms. FOXX, for 5 minutes, June 28. endar. quest of Ms. PELOSI) for today on ac- Mr. GOHMERT, for 5 minutes, today. Mr. BOEHLERT: Committee on Science. count of personal business. f H.R. 426. A bill to encourage the develop- Mr. BOYD (at the request of Ms. ADJOURNMENT ment and integrated use by the public and PELOSI) for June 22 and the balance of private sectors of remote sensing and other that week on account of medical rea- Mr. WELDON of Pennsylvania. Mr. geospatial information, and for other pur- sons. Speaker, I move that the House do now poses; with an amendment (Rept. 109–157). Mr. CARDIN (at the request of Ms. adjourn. Referred to the Committee of the Whole House on the State of the Union. PELOSI) for today. The motion was agreed to; accord- Mr. BOEHLERT: Committee on Science. Mr. ISRAEL (at the request of Ms. ingly (at 11 o’clock and 54 minutes p.m.), under its previous order, the H.R. 1022. A bill to provide for a Near-Earth PELOSI) for today on account of health Object Survey program to detect, track, reasons. House adjourned until tomorrow, Tues- day, June 28, 2005, at 9 a.m., for morn- catalogue, and characterize certain near- Ms. CARSON (at the request of Ms. earth asteroids and comets (Rept. 109–158). PELOSI) for today on account of busi- ing hour debates. Referred to the Committee of the Whole ness in the district. f House on the State of the Union. Mrs. JONES of Ohio (at the request of EXECUTIVE COMMUNICATIONS, Ms. PELOSI) for today on account of ETC. f BRAC hearings. Under clause 8 of rule XII, executive Mr. HIGGINS (at the request of Ms. communications were taken from the PUBLIC BILLS AND RESOLUTIONS PELOSI) for today on account of official Speaker’s table and referred as follows: business. Under clause 2 of rule XII, public 2466. A letter from the Acting Assistant Ms. KILPATRICK of Michigan (at the bills and resolutions were introduced Secretary for Legislative Affairs, Depart- and severally referred, as follows: request of Ms. PELOSI) for today. ment of State, transmitting notification of Mr. MICHAUD (at the request of Ms. an Accountability Review Board to examine By Mr. CALVERT (for himself and Mr. PELOSI) for today and June 28 on ac- the facts and the circumstances of the loss of BOEHLERT): count of official business. life at a U.S. mission abroad and to report H.R. 3070. A bill to reauthorize the human space flight, aeronautics, and science pro- Mr. RAHALL (at the request of Ms. and make recommendations at a U.S. mission abroad, pursuant to 22 U.S.C. 4831 et. grams of the National Aeronautics and Space PELOSI) for today on account of official Administration, and for other purposes; to business. seq.; to the Committee on International Re- lations. the Committee on Science. Mr. ROSS (at the request of Ms. 2467. A letter from the Director, U.S. Cen- By Mr. NEY (for himself and Ms. PELOSI) for today on account of per- sus Bureau, Department of Commerce, trans- MILLENDER-MCDONALD): sonal business. mitting the Department’s final rule — Re- H.R. 3071. A bill to permit the individuals Mr. ISTOOK (at the request of Mr. quirements for Reporting the Kimberley currently serving as Executive Director, DELAY) for today on account of official Process Certificate Number for Exports and Deputy Executive Directors, and General business in New York City. Reexports of Rough Diamonds (RIN: 0607- Counsel of the Office of Compliance to serve AA44) received May 19, 2005, pursuant to 5 one additional term; to the Committee on Mr. MCHUGH (at the request of Mr. U.S.C. 801(a)(1)(A); to the Committee on House Administration. DELAY) for today and June 28 on ac- International Relations. By Mr. DAVIS of Illinois: count of official business in his dis- 2468. A letter from the Acting Assistant H.R. 3072. A bill to revive the system of pa- trict. Secretary for Legislative Affairs, Depart- role for Federal prisoners, and for other pur- Mr. MCKEON (at the request of Mr. ment of State, transmitting pursuant to sec- poses; to the Committee on the Judiciary. DELAY) for today on account of travel tion 36(c) and (d) of the Arms Export Control By Mr. LEWIS of Kentucky: logistics. Act, certification regarding the proposed H.R. 3073. A bill to allow Congress to re- transfer of major defense equipment to the Mr. WALDEN of Oregon (at the request verse the judgments of the United States Su- Government of Japan (Transmittal No. preme Court; to the Committee on the Judi- of Mr. DELAY) for today on account of DDTC 022-05); to the Committee on Inter- ciary, and in addition to the Committee on family business. national Relations. Rules, for a period to be subsequently deter- f 2469. A letter from the Acting Assistant mined by the Speaker, in each case for con- Secretary for Legislative Affairs, Depart- SPECIAL ORDERS GRANTED sideration of such provisions as fall within ment of State, transmitting pursuant to sec- the jurisdiction of the committee concerned. By unanimous consent, permission to tion 36(c) of the Arms Export Control Act, By Mr. PAUL: address the House, following the legis- certification regarding the proposed license H.R. 3074. A bill to ensure and foster con- lative program and any special orders for the export of defense articles or defense tinued patient safety and quality of care by services from the Government of Japan exempting health care professionals from the heretofore entered, was granted to: (Transmittal No. DDTC 018-05); to the Com- (The following Members (at the re- Federal antitrust laws in their negotiations mittee on International Relations. with health plans and health insurance quest of Mr. SCHIFF) to revise and ex- f issuers; to the Committee on the Judiciary. tend their remarks and include extra- By Mr. PAUL: neous material:) REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS H.R. 3075. A bill to amend the Internal Rev- Mr. DEFAZIO, for 5 minutes, today. enue Code of 1986 to make health care cov- Mrs. MCCARTHY, for 5 minutes, today. Under clause 2 of rule XIII, reports of erage more accessible and affordable; to the Ms. WOOLSEY, for 5 minutes, today. committees were delivered to the Clerk Committee on Ways and Means.

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By Mr. PAUL: H.R. 1338: Ms. SCHAKOWSKY. THOMPSON of Mississippi, Mr. SERRANO, Mr. H.R. 3076. A bill to amend the Internal Rev- H.R. 1339: Mr. HENSARLING. OWENS, Ms. SCHALKOWSKY, Mr. FRANK of enue Code of 1986 to allow individuals a cred- H.R. 1505: Mr. GREEN of Wisconsin. Massachusetts, Ms. MOORE of Wisconsin, Ms. it against income tax for the cost of insur- H.R. 1588: Mr. RUPPERSBERGER and Mr. JACKSON-LEE of Texas, Mr. MORAN of Vir- ance against negative outcomes from sur- WAXMAN. ginia, Ms. MCKINNEY, Mrs. CHRISTENSEN, Mr. gery, including against malpractice of a phy- H.R. 1651: Mr. BOSWELL, Mr. BURGESS, Mr. WYNN, Mr. LEWIS of Georgia, Ms. VELA´ ZQUEZ, sician; to the Committee on Ways and MARCHANT, Mr. ROSS, and Mrs. DRAKE. Mr. TOWNS, Mr. CUMMINGS, Mr. CLEAVER, Mr. Means. H.R. 1678: Mr. PAUL and Mr. KUHL of New BISHOP of Georgia, and Mr. RUSH. By Mr. PAUL: York. H. Con. Res. 181: Ms. JACKSON-LEE of H.R. 3077. A bill to amend the Internal Rev- H.R. 1687: Mrs. LOWEY. Texas. enue Code of 1986 to allow individuals a cred- H.R. 1707: Mr. BROWN of South Carolina. H. Con. Res. 187: Mr. ENGEL, Mr. CROWLEY, it against income tax for medical expenses H.R. 1708: Mr. MCCAUL of Texas, Mr. DUN- Mr. PAYNE, Mr. BURTON of Indiana, Mr. BLUMENAUER, and Ms. WATSON. for dependents; to the Committee on Ways CAN, and Mr. FOLEY. H. Res. 146: Mr. BARRETT of South Caro- and Means. H.R. 1742: Mr. WAXMAN. H.R. 1767: Mrs. NAPOLITANO. lina. By Mr. PAUL (for himself and Mr. MIL- H. Res. 317: Mr. WOLF, Mr. DAVIS of Illi- H.R. 1791: Mr. GERLACH. LER of Florida): nois, Mr. UDALL of Colorado, and Mr. H.R. 1849: Mr. PRICE of North Carolina. H.R. 3078. A bill to amend the Internal Rev- WEXLER. H.R. 1898: Mr. SWEENEY. enue Code of 1986 to waive the employee por- H. Res. 325: Mr. GALLEGLY. HRISTENSEN L tion of Social Security taxes imposed on in- H.R. 1902: Mrs. C and Mr. A H. Res 332: Mr. ISRAEL, Mr. ORTIZ, Mrs. dividuals who have been diagnosed as having GREEN of Texas. NAPOLITANO, Mrs. DAVIS of California, Mr. cancer or a terminal disease; to the Com- H.R. 1951: Mr. GUTIERREZ and Mr. CRAMER. FOLEY, Mr. FARR, and Mr. MCINTYRE. mittee on Ways and Means. H.R. 1993: Mr. SHERMAN. H. Res. 338: Ms. SLAUGHTER, Ms. EDDIE By Mr. PAUL (for himself and Mr. H.R. 2017: Mr. CONYERS, Mr. MENENDEZ, and BERNICE JOHNSON of Texas, Mr. MCDERMOTT, OTTER): Mr. MCCOTTER. and Ms. HERSETH. H.R. 3079. A bill to amend the Internal Rev- H.R. 2206: Mr. MCDERMOTT. H. Res. 340: Mr. MCHENRY, Mr. ADERHOLT, enue Code of 1986 to exclude from gross in- H.R. 2231: Mr. WEXLER, Mr. HASTINGS of and Mr. SESSIONS. Florida, Mr. CALVERT, Mrs. KELLY, Mrs. come amounts received on the sale of ani- f mals which are raised and sold as part of an BLACKBURN, Mr. CARDIN, Mr. RAMSTAD, Mr. educational program; to the Committee on YOUNG of Alaska, Ms. WOOLSEY, Mr. AMENDMENTS Ways and Means. BOUSTANY, Mr. PAYNE, Mr. GUTKNECHT, Mr. Under clause 8 of rule XVIII, pro- BARROW, Mr. DUNCAN, Mr. KUHL of New York, By Mr. TERRY (for himself, Mr. BART- posed amendments were submitted as and Mr. LARSEN of Washington. LETT of Maryland, Mr. FORTENBERRY, follows: Ms. FOXX, Mr. MILLER of Florida, H.R. 2248: Ms. SCHAKOWSKY. CHAKOWSKY Mrs. MUSGRAVE, Mr. DOOLITTLE, Mr. H.R. 2340: Ms. S . H.R. 3057 H.R. 2355: Mr. TOWNS and Mrs. BONO. PENCE, Mr. GINGREY, Ms. GINNY OFFERED BY: MR. SIMPSON H.R. 2356: Mr. SAXTON, Mr. MOLLOHAN, Mr. BROWN-WAITE of Florida, Mr. PITTS, AMENDMENT NO. 1: At the end of the bill HASTINGS of Washington, Ms. HERSETH, Mr. Mr. BOUSTANY, and Mr. MANZULLO): (before the short title), insert the following: INSLEE, Mr. BOUSTANY, Mr. BARROW, Mr. H.R. 3080. A bill to amend the Internal Rev- TITLE VI—ADDITIONAL GENERAL MURPY, and Mr. CUMMINGS. enue Code of 1986 to increase tax benefits for PROVISIONS H. R. 2526: Mr. ANDREWS and Mr. CUMMINGS. parents with children, and for other pur- PROHIBITION ON USE OF FUNDS BY THE EXPORT- poses; to the Committee on Ways and Means. H. R. 2588: Mr. GERLACH. H. R. 2620: Mr. HASTINGS of Florida and Mr. IMPORT BANK TO SUPPORT EXPORTS TO THE By Ms. LEE: PEOPLE’S REPUBLIC OF CHINA H. Con. Res. 193. Concurrent resolution AL GREEN of Texas. H. R. 2646: Mr. CANNON, Mr. HINOJOSA, and SEC. 601. None of the funds made available supporting the goals and ideals of National Mr. CARDIN. in this Act may be used by the Export-Im- HIV Testing Day; to the Committee on En- H. R. 2648: Mr. HERGER. port Bank of the United States to guarantee, ergy and Commerce. H. R. 2671: Ms. KAPTUR, Mr. HINCHEY, Mr. insure, extend credit, or participate in the By Mr. CROWLEY (for himself, Mr. PAYNE, Mrs. CHRISTENSEN, and Mr. WAXMAN. extension of credit in connection with the BROWN of Ohio, Mrs. DAVIS of Cali- H. R. 2680: Ms. JACKSON-LEE of Texas, Ms. purchase or lease of any product by— fornia, Mr. ENGEL, Mr. HIGGINS, Ms. SCHAKOWSKY, and Ms. BORDALLO. (1) the People’s Republic of China or any JACKSON-LEE of Texas, Ms. EDDIE H. R. 2735: Mr. LOBIONDO. agency or national thereof; or BERNICE JOHNSON of Texas, Mrs. H. R. 2792: Ms. JACKSON-LEE of Texas. (2) any other foreign country, or agency or KELLY, Ms. LEE, Mrs. MALONEY, Mrs. H. R. 2794: Mr. MILLER of Florida and Mr. national thereof, if the product to be pur- MCCARTHY, Ms. MCCOLLUM of Min- AL GREEN OF TEXAS. chased or leased by such other country, nesota, Mr. PITTS, Mr. RANGEL, Ms. H. R. 2803: Mr. FITZPATRICK of Pennsyl- agency, or national is, to the knowledge of ROS-LEHTINEN, Mr. SANDERS, Ms. vania and Mr. CALVERT. the Export-Import Bank of the United SOLIS, Mr. WEXLER, Mr. WILSON of H. R. 2807: Mr. BARROW. States, principally for use in, or sale or lease South Carolina, Mr. LANTOS, Mr. H. R. 2869: Mr. PRICE of North Carolina. to, the People’s Republic of China. ACKERMAN, Ms. MOORE of Wisconsin, H. R. 2870: Ms. SCHWARTZ of Pennsylvania. H.R. 3057 Ms. LINDA T. SA´ NCHEZ of California, H. R. 2874: Ms. SCHAKOWSKY, and Mrs. Mr. SERRANO, Mr. PALLONE, Ms. OFFERED BY: MR. BONILLA CHRISTENSEN. WASSERMAN SCHULTZ, Mr. MEEK of AMENDMENT NO. 2: Page 4, line 9, before the H. R. 2877: Ms. JACKSON-LEE of Texas and Florida, Ms. WATSON, Mr. ISSA, and period insert the following: Mr. HINCHEY. Ms. WATERS): ‘‘: Provided further, That, of the amounts pro- H. R: 2925: Mr. GONZALEZ. H. Res. 343. A resolution commending the vided under this heading, $7,000,000 shall not H. R. 2930: Mr. CONYERS, Mr. HASTINGS of State of Kuwait for granting women certain be available for obligation until the head of Florida, Mrs. MILLER of Michigan, Mr. important political rights; to the Committee the Office of Inspector General in the Ex- MCNULTY, Mr. NADLER, Mr. DEFAZIO, Ms. on International Relations. port-Import Bank of the United States is ap- MCCOLLUM of Minnesota, and Mr. GUTIERREZ. pointed and confirmed pursuant to section 3 H. R. 2943: Mr. FORD. f of the Inspector General Act of 1978’’. H. R. 2957: Mr. MCDERMOTT and Mr. HONDA. ADDITIONAL SPONSORS H. R. 2981: Mr. UDALL of Colorado and Mr. H.R. 3057 Under clause 7 of rule XII, sponsors MICHAUD. OFFERED BY: MR. KUCINICH were added to public bills and resolu- H. R. 3000: Mr. KUCINICH, Mr. CONYERS, Mrs. AMENDMENT NO. 3: Page 132, after line 13, CHRISTENSEN, Mr. PAYNE, Mr. OWENS, and insert the following: tions as follows: Mr. JACKSON of Illinois. LIMITATION ON INTERNATIONAL MILITARY EDU- H.R. 282: Mr. HULSHOF and Mr. CALVERT. H. R. 3046: Mr. STARK, Ms. BORDALLO, and CATION AND TRAINING ASSISTANCE FOR GUA- H.R. 427: Mr. BERMAN. Ms. WASSERMAN SCHULTZ. TEMALA H.R. 752: Mr. LARSON of Connecticut. H. R. 3064: Ms. JACKSON-LEE of Texas. SEC. ll. None of the funds made available H.R. 838: Mr. CLEAVER, Mr. KENNEDY of H. J. Res. 3: Mr. WAMP. in this Act under the heading ‘‘INTER- Rhode Island, Ms. WOOLSEY, Mr. BARROW, H. J. Res. 53: Mr. NORWOOD. NATIONAL MILITARY EDUCATION AND TRAINING’’ and Ms. SCHAKOWSKY. H. Con. Res. 123: Mrs. LOWEY. may be used to provide assistance for Guate- H.R. 867: Mr. FRANK of Massachusetts. H. Con. Res. 154: Mr. WELDON of Florida. mala. H.R. 887: Ms. SCHAKOWSKY. H. Con. Res. 175: Mr. ACKERMAN, Mr. H.R. 934: Mr. MCHUGH. FALEOMAVAEGA, Mr. BROWN of Ohio, Mr. H.R. 3057 H.R. 939: Mr. RYAN of Ohio and Mr. STRICK- ENGEL, Mr. DELAHUNT, Mr. MCCOTTER, Ms. OFFERED BY: MR. ROYCE LAND. WATSON, Mrs. NAPOLITANO, Mr. CONYERS, Mr. AMENDMENT NO. 4: Page 34, line 18, after H.R. 1039: Mr. POMEROY. MCNULTY, Mr. MCDERMOTT, Mr. CROWLEY, the dollar amount, insert the following: ‘‘(in- H.R. 1337: Mr. BISHOP of Utah. Mr. MEEK of Florida, Ms. CARSON, Mr. creased by $7,000,000) (reduced by $7,000,000)’’.

VerDate Aug 04 2004 06:16 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\L27JN7.100 H27PT1 June 27, 2005 CONGRESSIONAL RECORD — HOUSE H5253 H.R. 3057 H.R. 3058 block grant program under title I of the Housing and Community Development Act of OFFERED BY: MR. GARRETT OF NEW JERSEY OFFERED BY: MR. GINGREY AMENDMENT NO. 1: At the end of the bill 1974 (42 U.S.C. 5301 et seq.) may be used to AMENDMENT NO. 5: Page 132, after line 13, (before the short title), insert the following: provide assistance under paragraph (17) of insert the following: SEC. 948. None of the funds made available section 105(a) of such Act for any economic development project involving the obtaining LIMITATION ON FUNDS RELATING TO ATTEND- in this Act may be used to provide assistance of property by the exercise of the power of ANCE OF FEDERAL EMPLOYEES AT CON- under the community development block eminent domain. FERENCES OCCURRING OUTSIDE THE UNITED grant program under title I of the Housing and Community Development Act of 1974 (42 STATES H.R. 3058 U.S.C. 5301 et seq.) for any private economic SEC. ll. None of the funds made available development project (including assistance OFFERED BY: MR. AL GREEN OF TEXAS in this Act may be used to send or otherwise for any project under paragraph (17) of sec- pay for the attendance of more than 50 Fed- tion 105(a) of such Act) involving the obtain- AMENDMENT NO. 3: Page 91, line 8, after the eral employees at any single conference oc- ing of property by the exercise of the power dollar amount, insert the following: ‘‘(incurring outside the United States. of eminent domain. creased by $7,700,000)’’. H.R. 3057 H.R. 3058 Page 91, line 9, after the dollar amount, in- OFFERED BY: MR. GINGREY sert the following: ‘‘(increased by OFFERED BY: MR. MCGOVERN $3,900,000)’’. AMENDMENT NO. 2: At the end of the bill AMENDMENT NO. 6: Page 31, line 7, after the (before the short title), insert the following: Page 92, line 23, after the first dollar dollar amount, insert the following: ‘‘(re- SEC. 948. None of the funds made available amount, insert the following: ‘‘(reduced by duced by $100,000,000)’’. in this Act for the community development $7,700,000)’’.

VerDate Aug 04 2004 05:06 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A27JN7.068 H27PT1 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, MONDAY, JUNE 27, 2005 No. 87 Senate The Senate met at 1 p.m. and was riod for the transaction of morning GUANTANAMO BAY called to order by the President pro business until 3 p.m., with the first half Mr. BUNNING. Mr. President, today I tempore (Mr. STEVENS). of the time under the control of the rise to speak about our operation at majority leader or his designee and the Guantanamo Bay, in Cuba. There is so PRAYER second half of the time under the con- much information out there that is un- The Chaplain, Dr. Barry C. Black, of- trol of the Democratic leader or his true, it must be corrected. Yesterday, I fered the following prayer: designee. went to Guantanamo Bay with my col- Let us pray. The Senator from Kentucky is recog- leagues, Senator CRAPO and Senator O God, our help and shelter, we look nized. ISAKSON. We went to see for ourselves to You for defense. Defend us from what all the so-called fuss is about temptation. Help us to say no to f down there, and we want to help set tempting voices and the things that the record straight. lead to ruin as You teach us to follow SCHEDULE While we were there we also saw Sen- Your blueprint for abundant living. De- ator WYDEN and Senator BEN NELSON. I fend us from arrogance as You help us Mr. BUNNING. Mr. President, today am sure they will tell you what they to esteem others as significant because the Senate will conduct a period of saw when they come to speak on the we can see Your image in them. Defend morning business until 3 p.m., with the Senate floor. us from ingratitude in the day of pros- first hour under the control of the ma- Our soldiers assigned in Cuba are on perity. jority and the second under the control an island within an island. The base is Today, defend our lawmakers from of the Democratic leader or his des- isolated from the rest of Cuba, and it is discouragement so that they will per- ignee. Following morning business, the isolated from the rest of our military. severe in well-doing, with the knowl- Senate will resume consideration of Our troops do not just drive off post to edge that the harvest, though delayed, the Interior appropriations bill. Under go watch a movie or to go to the mall. is not denied. Help them to remember a previous agreement, all amendments All they have is on post, from shopping that no time exists when You will fail to the bill must be offered during to- to entertainment to food. them, and no moment comes when You day’s session. The majority leader an- Many serving at Guantanamo leave will forsake them. nounced on Friday that there will be their families behind. Some are Na- Lord, defend each of us from a stub- no rollcall votes today, but Senators tional Guard troops, far away from bornness that refuses to be guided by who have amendments to the bill home. It is a tough life, and they have Your light and sustained by Your should make themselves available to a job that is mentally and physically grace. offer and debate their amendments. challenging. We pray in Your strong Name. Amen. I also remind my colleagues that the As we toured the detention camps, next vote will occur tomorrow morn- our troops patrolled the buildings and f ing, shortly before 10 a.m. That vote open areas in full uniform. In the after- PLEDGE OF ALLEGIANCE will be on the passage of H.R. 6, the En- noon, the temperatures reached into The PRESIDENT pro tempore led the ergy bill. Following disposition of the the high 80s, and the humidity could Pledge of Allegiance, as follows: Energy bill, the Senate will resume not have gotten much worse. But those consideration of the Interior appropria- I pledge allegiance to the Flag of the brave young men and women stood United States of America, and to the Repub- tions bill, and we will vote on pre- guard over the detainees to keep them lic for which it stands, one nation under God, viously offered amendments to the In- in line and protect them from other de- indivisible, with liberty and justice for all. terior appropriations bill tomorrow. tainees. f In addition to the vote on passage of Probably the weather and the Sun the Energy bill and completing work are the last things our troops are wor- RESERVATION OF LEADER TIME on the Interior appropriations bill, the ried about. The people they are guard- The PRESIDENT pro tempore. Under Senate will act on any additional ap- ing are the terrorists. They are the the previous order, the leadership time propriations measures, including the worst of the worst. They are all dan- is reserved. Homeland Security appropriations bill gerous. Many directly fought Ameri- f and other legislative or executive cans on the battlefield, killing and items. This is the last week of the ses- wounding our soldiers, yet our young MORNING BUSINESS sion before the July 4 recess and Sen- men and women watch over these ter- The PRESIDENT pro tempore. Under ators should expect a busy week with rorists and provide for them. They do the previous order, there will be a pe- votes throughout. this despite the terrorists having taken

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

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Terrorist training camp in- When Hitler imprisoned Jews, he did on metal doors of their cells and structors are no longer teaching class- not go to lengths to prepare them ko- yelling at anyone who could hear. es because they are being held next to sher meals that followed their faith. Weapons have been found in the detain- a Caribbean beach. Others at Guanta- The military has constructed a hos- ees’ cells and are often made from ordi- namo were caught with heavy weapons, pital for the detainees. While we were nary items they are provided. explosives, or anti-aircraft missiles, there, we saw a detainee being trans- Our troops on the ground in Guanta- but they will not get to use those ported to the hospital for an examina- namo are putting their lives on the line weapons to kill Americans because we tion. When needed, the terrorists have to protect and provide for terrorists. are holding them in the detention fa- access to other doctors and medical fa- Yet some of my colleagues and others, cilities. One person being held there cilities. If a specialist is needed, then commentators, suggest that these very well may be the intended 20th hi- one is brought in. In other words, we brave young men and women are the jacker for September 11, but because he give the terrorists the same medical criminals, and when they make such is locked in a cell in Cuba, he will not care our troops get. outrageous statements, there are many be able to fly a plane into a building Many get dental care and glasses for in the media willing to repeat the accu- anytime soon. the first time in their lives. Others sation without bothering to check the I could describe many individuals have been diagnosed with diseases and facts for themselves. held at Guantanamo and give reasons other medical issues and have received For example, almost any picture seen they need to remain in our custody, treatment. We have even given ampu- of detainees at Guantanamo is from but I only will mention a few more—12, tees new medical limbs. Camp X-Ray. Everyone is familiar with to be exact. That is the number of Again, I ask my colleagues, did Hit- those pictures. They are the ones with those we know who have been released ler and Pol Pot provide dental care to men in orange suits, living in open-air from Guantanamo and returned to their prisoners before they killed cells made of chain-link fences. fight against the coalition troops. them? I went to Camp X–Ray. Do you know Some have been killed and some have And the terrorists are not being held what I saw? I saw weeds several feet been recaptured. But we must not miss without a review process. Each person high and plants growing all over the the lesson that we are dealing with brought to Guantanamo is reviewed to fencing. Do you know what I did not dangerous people who will stop at make sure they really are an enemy see? People. Camp X-Ray has been nothing to kill innocent Americans. combatant. They are also periodically closed since 2002. It is no longer used at But there is more to Guantanamo reviewed to make sure they still need all. But those images are the ones that than locking up terrorists. As impor- to be held at Guantanamo or if they continue to appear in print and on the tant as keeping the terrorists from car- should be moved elsewhere or even re- news. It is no secret that Camp X–Ray rying out their evil plans, we are gain- leased. is closed, but pictures of the new and ing valuable information from the de- The detainees are given a chance to improved facilities are never shown. tainees. Those terrorists are one of our explain their side of the story. Inter- I wish to talk about these new facili- greatest sources of information into national law does not require these ties. They have come a long way from terrorist operations, financing, and combatants be given a review board. concrete slabs surrounded by chain- personnel. Some of them were very Our military is going out of its way to link fencing. I cannot say I felt bad for close to Osama bin Laden at one time. give these terrorists rights above and any terrorist who had to spend the Others were active in planning ter- beyond the evil regimes the war’s crit- night in Camp X–Ray, but the new rorist attacks. Still others worked on ics have cited. After all, there were not camps are significantly better. They finance and personnel recruitment for review boards in the gulags or the con- offer the terrorists more privacy, terrorist groups. Think of the wealth of centration camps. The Nazis did not space, and protection from the weath- information they have. care if their prisoners had taken up er. They offer the terrorists areas for The detainees can identify people in- arms against Germany. They locked recreation. Some even have air-condi- volved in terrorist groups. They have them up into slavery anyway. tioning and semiprivate showers. helped us better understand the struc- Anyone who compares our operations The newest facility is modeled after ture of terrorist organizations. They at Guantanamo to those ruthless kill- the state-of-the-art prisons in the know locations and transportation ers is lying to the public and insulting United States and is fully air-condi- routes. They can validate information our troops. No detainees at Guanta- tioned. New furniture is on the way, gathered on the battlefield. To this namo have died due to their treatment and an even newer facility is about to day, they continue to provide us with by our troops—none, zero. be built. But I have not seen any of critical information in our fight Hitler murdered 6 million Jews and those camps I just described on the against terrorism. caused the death of tens of millions news, and I am hopeful that those in We are not gathering information more on the battlefield. Stalin had tens the media will help clear up this issue. from them in any inhuman way. I saw of millions killed. Pol Pot was respon- But the real issue that goes to the several interrogations. None of the ter- sible for the death of about 1 million in heart of this debate is, Are we serious rorists were being beaten. There was no his ‘‘killing fields.’’ about fighting terrorism or not? If we torture, and they were not being Of course, the detainees are not liv- are, then these new detention facilities starved. Throughout the entire deten- ing in luxury. But these are dangerous at Guantanamo will remain open until tion camp, terrorists were given killers we are talking about. They are no more terrorists are plotting to harm clothes and bedding. They are given terrorists. But we treat them with re- innocent Americans. What goes on Muslim prayer rugs and Korans. There spect, which is much more than they there is critical to our fight against are arrows everywhere pointing to have ever treated us with. terrorism and the war on terrorism. Mecca. We even witnessed a prayer call Conditions improve every day at First and simplest, if the terrorists are announcing to the terrorists that it Guantanamo. But as long as they are locked up in Cuba, then they cannot was time for them to turn to Mecca dangerous to America, we must con- kill Americans in Iraq or New York, in and pray. tinue to hold them and gather informa- Afghanistan or even in Kentucky. That, Mr. President, is a far cry from tion. We have a determined enemy that Those being held at Guantanamo are the repressive regimes to which critics wants to do nothing but harm us. The the worst of the worst terrorists we of Guantanamo have compared our only way to beat them is to stand have captured. The military has de- military. Did the Nazis respect the strong, fight longer, and not back cided that they are so dangerous that Jewish faith? Did Stalin and Pol Pot down.

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Finally, Mr. President, I want to say and the world is Guantanamo? But as a result of this effort, we have thank you to all the brave men and I am going to go back now and talk, collected the most dangerous, and the women working for our freedom at first of all, about who is there. I think ones with the most information who Guantanamo and throughout the there has been a bit of a misconception can give us the most assistance, world. I am always impressed with the about who it is we are detaining at through the interrogation process, to fine young Americans in our military. Guantanamo. help us pursue the war against ter- And seeing them yesterday was no ex- Since the effort began in defeating rorism. ception. I had the privilege of meeting the Taliban in Afghanistan—and it has These detainees include terrorists a few soldiers from Kentucky while at expanded to the war in Iraq—the who are linked to a major al-Qaida at- Guantanamo Bay. I cannot say their United States has captured more than tack, including attacks in east Africa, names due to the security reasons we 70,000 detainees—70,000—in the conduct the U.S. Embassy bombings, and the have and to ensure their future safety. of the war in Afghanistan and Iraq. USS Cole attack; terrorists who taught They, and others, are serving our coun- Among that number, the vast majority or received training teams on arms, ex- try with honor. I thank them and their have been handled in other ways. Ei- plosives, surveillance, and interroga- families for their sacrifices. ther they have been released or they tion resistance at al-Qaida camps in Mr. President, it was an unbelievable have been turned over to other authori- Afghanistan and elsewhere; terrorists experience yesterday in Cuba at Guan- ties, other nations, or they are being who continue to express their commit- tanamo Bay, one I will remember for held in facilities in the area of the bat- ment to kill Americans, if released; the rest of my life. tle. But we are working with Iraq, Af- terrorists who have sworn personal al- I yield the floor. ghanistan, and other governments to legiance to Osama bin Laden; terrorists The PRESIDENT pro tempore. The make sure they take control of detain- who have been linked to several al- Senator from Idaho is recognized. ees to the maximum extent possible. Qaida operational plans, including pos- Mr. CRAPO. Thank you very much, But there are some detainees who are sible targeting of facilities in the Mr. President. so dangerous that we have made the United States; members of al-Qaida’s Mr. President, I stand and join my decision we must maintain control international terrorism support net- colleague, Senator BUNNING from Ken- over them. They are also controlled be- work including the financiers, the tucky. I was one of those who was able cause they have information that is couriers, the recruiters, and the to be on this trip to Guantanamo yes- critical to us in the battle against ter- operatives and those who participated terday. Along with Senator ISAKSON rorism. And after a very thorough vet- in attempted hijacking instances. from Georgia, we were joined there by ting process, out of 70,000 who have Let me give a couple specific exam- two other Senators, Senator WYDEN been captured in these battles and in ples. One al-Qaida explosives trainer is from Oregon and also Senator NELSON other efforts to fight against terrorism, there who has provided information to from Nebraska, who came in on a sepa- approximately 800 have been moved to the United States on the September rate trip. Guantanamo. 2001 assassination of Massoud and on We had an opportunity to view ex- My numbers are going to be kind of the al-Qaida organization’s use of actly what is happening at Guanta- rounded here, but of that 800, about 235 mines; another individual who com- namo. As I said, I am glad to be able to have already been released or moved pleted advanced terrorist training at stand with my colleague, Senator into the custody of other countries. My camps in Afghanistan and participated BUNNING, and set the record straight colleague, Senator BUNNING, indicated in an attempted hijacking and escaped about what the United States and the that is not always good news. At least while in custody that resulted in the honorable men and women of our 12 of those who have been released have deaths of Pakistani guards; another in- armed services are doing to serve the been found again in the battlefield— dividual who was involved in terrorist United States, the people of this coun- some of them killed in battle, others financing who provided information on try, and, frankly, the people of the captured again, and at least one was Osama bin Laden’s front companies, world as we fight to defeat terrorism. found to have ordered some very sig- accounts, and international money I want to first thank my colleague, nificant terrorist activities after being movements for financing terror. The Senator BUNNING, who has given a very released from Guantanamo. list goes on and on. This is who is there thorough and helpful review. I will try But about 235 of the 800 who we deter- at Guantanamo. These are the people not to repeat too many of the things he mined were so dangerous they needed whom we seek to detain and about went through, but he has identified the to be moved to Guantanamo have been whom the debate in this country re- core points that need to be made as we released or put into the custody of volves. They are dangerous, and they discuss what is truly happening at other countries. Approximately 520 re- must be kept under control or they will Guantanamo. main at Guantanamo. Who are these kill more Americans and threaten peo- I want to start out by going into a 520? These are terrorist trainers. These ple throughout the world. little bit of detail about who exactly is are bomb makers. These are recruiters What is the legal framework within there. Secondly, I want to talk a little and facilitators for al-Qaida and other which they are being detained? That is bit about the legal framework because, terrorist groups. These are terrorist the crux, though it is not often stated frankly, a lot of the debate we hear financiers. These are bodyguards of that way, of the debate. I will get into throughout the country and through- Osama bin Laden. And these are would- this in more detail, but Senator out the world today has to do with dif- be suicide bombers—to name just a few BUNNING has already indicated, the ferent points of view about the legal of those who we have identified and the treatment that is being provided to the framework within which we are dealing activities we are stopping by keeping detainees is probably the most hu- with the circumstances at Guanta- them detained. mane, high quality treatment any na- namo. I am going to come back a little bit tion that has ever captured detainees Then I want to talk about the ques- later and talk about what we learn at war has ever provided to its pris- tion of transparency; in other words, from these detainees. But I would like oners. I suspect no other nation today do we really know what is happening to talk, next, a little bit about some of or throughout history could claim to there? I know there are a lot of people the details of individuals whom we be treating its detainees better. But who will say: You went there and you have identified. An elaborate process still the question arises, how and under visited, but did you really see the has been put into place, as I indicated, what legal framework should they be truth? I want to talk about that. I also to identify whom we will return and handled? There is an irony here. These

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7400 CONGRESSIONAL RECORD — SENATE June 27, 2005 detainees do not serve in a normal neva Convention and more legal rights changing that only at their choosing. army. They do not wear uniforms. than they would have if they were pris- The media, both national and inter- They do not serve a nation that is a oners of war. Yet the United States national, have had 400 visits to Guanta- signer to the Geneva Conventions. continues to be criticized because there namo, representing over 1,000 members They do not honor Geneva Conven- are those—and this is what everyone of the media who have been there to tions, meaning they do not refrain needs to understand—who will not be also observe. Lawyers for the detain- from attacking civilians and con- satisfied until we choose not to treat ees, who would not even be allowed if ducting terrorist activities. And be- these enemy combatants in the context we categorized them as prisoners of cause they do not qualify in these cat- of a war but instead choose to treat war, have come and, in many of the ha- egories, they don’t qualify under the them as criminals in a criminal justice beas corpus cases, to observe and dis- Geneva Conventions as prisoners of system and thereby change the legal cuss with the detainees. And some- war. framework under which they are being where in the neighborhood of 15 to 20 Here is the irony. If they were pris- handled. The United States correctly Senators and 75 to 100 Representatives, oners of war, they wouldn’t be entitled and properly refuses to do so. If we in addition to over 100 congressional to the legal benefits about which we were to do so, we would not be able to staff, have been there to observe. are now wrangling. They would be enti- defend the interests of the country My point is that in terms of trans- tled to humane treatment, but they against enemies who are conducting parency, is the United States letting would not be entitled to get into the war against us as effectively as we can its own people, its Congress, and the court system of the country that has if we are able to treat them under the world know what is being done there? I captured them. Geneva Conventions as enemy combat- believe the answer is clearly yes. Many throughout this Nation and ants. And when you hear the debate My colleague Senator BUNNING went throughout the world are saying we about how they are being treated, lis- through the numbers of deaths in the should provide all of the legal benefits ten carefully, because most of the de- Nazi concentration camps, in the in a criminal law system, such as the bate is not about their physical condi- gulags under Stalin, and the numbers, criminal justice system in the United tion or whether they are being treated you will recall, were in the millions. States, to these detainees. The United humanely. It is about how they are Not one detainee has died at Guanta- States has declined to do so, stating being categorized with regard to these namo. On the contrary, they have the that these are enemy combatants legal battles that those who are en- best medical care that I believe any de- under the Geneva Conventions. But gaged in the issue wish to see ensue. tainees in history have ever had. So as they are not prisoners of war under the Let’s talk about what we saw, and far as the question goes with regard to Geneva Conventions. And there is the then I will describe how they are actu- whether we are providing a true and irony. If we could classify them as pris- ally physically being treated and accurate picture to the public about oners of war under the Geneva Conven- whether what we saw is true. I have al- what is happening there, the answer is tions, we could avoid the debate about ready had those who knew that I went unequivocally yes. what their rights are and how they there ask me whether the opportunity What is happening there? I would should be treated. Instead, since they we had is one which truly showed us like to talk a little bit about what we are not a group entitled to participate what was happening at Guantanamo. saw. As I indicated, there are a number in the United States criminal justice To me this is an issue of transparency. of facilities. They are called Camp 1, 2, system and are not a group entitled to What is happening there, and were we 3, and 4. They are building Camp 5 and be considered prisoners of war under shown what was truly going on? Camp 6. They are different in terms of the Geneva Conventions, but are in- First, we visited every facility there. the levels of security and in terms of stead enemy combatants under the Ge- Five Senators, with many other indi- the operations. Those who are detained neva Conventions in a category for viduals with us from other government there are able to be in one of the camps which nations have not yet agreed on agencies, went through and visited versus the other camps depending on how they should be treated, the United every facility. My colleague Senator how they respond to their detention. If States is embroiled in a debate as to BUNNING indicated that we even went they are the more violent kind who do how to treat them. to Camp X-Ray which has not been uti- not follow instructions, then they are How have we resolved this decision? lized for 2 or 3 years and which is lit- often in individual confinement. This On January 19, 2002, the Secretary of erally overgrown. I walked into one of individual confinement does not mean Defense gave specific guidance that all the containment facilities there at solitary confinement. It means they detainees are to be treated humanely. Camp X-Ray. I had to brush away the would be in a cell block with 40 or 50 On January 21, the same year, the weeds in order to move through the others, and you can see each other chairman of the Joint Chiefs of Staff door and to go in and see what it through the cell. These are not en- issued executive orders to commanders looked like. We visited Camps 1, 2, 3, closed. So they have the ability to play that transmitted the Secretary of De- and 4. And they are numbered in terms chess between cells and so forth. They fense order that these detainees be of the order in which they were built. have running water, sinks, and toilets treated humanely. On February 7, 2002, These are the newer camps that were in each cell. President Bush determined that al- constructed to provide better facilities They have religious paraphernalia so Qaida and Taliban detainees should be for these detainees than were origi- they can practice their religion. They treated humanely, consistent with the nally there at Camp X-Ray when we are facilitated in the practice of that principles of the Geneva Conventions first started using the base. We were religion by being provided with prayer and consistent with military necessity. able to see the medical facilities. We calls and with directions. From wher- The detention of enemy combatants in were able to observe literally every- ever in the camp you are, you can see wartime is not an act of punishment. It thing at the base. And I can say that I an arrow that points toward Mecca so is a matter of security and military ne- don’t think it would have been possible you know the directions. They are pro- cessity. It prevents enemy combatants for them to have hidden from us what vided recreational opportunities, show- from continuing to fight against the was happening. ers, and three, good, solid meals a day, United States or its partners in the war We were able to observe the interro- as well as outstanding medical care. on terror. Releasing enemy combatants gations, to interview and discuss with Those are the ones who are in the most before the end of hostilities and allow- the personnel present what was hap- closely confined circumstances. Those ing them to rejoin the fight would only pening, right down to the troops who who are more willing to follow instruc- prolong the conflict and endanger our were conducting the specific guarding tions and less willing to attack their coalition and American forces. activities inside the cell blocks. If that guards are allowed to live in more com- Here is the point of the debate. The is not sufficient, the International munal circumstances where the rooms, United States, though these enemy Committee of the Red Cross has had 24- instead of being individual cell units, combatants are in an uncertain cat- hour-a-day, 7-day-a-week access to the are in units where ten or more can live egory, has provided to them all of the facility at its discretion. They have together, and then those groups can go humane treatment required by the Ge- had a permanent presence, recently out in recreational facilities and have

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7401 a little bit expanded recreational op- have there available, they are taken ees. The annual cost will go on prob- portunity and the like. elsewhere to get that medical treat- ably at $100 million a year, until we are Then there is the maximum security ment. able to resolve this conflict. The facilities which would be comparable In fact, I would like to move now to United States has also spent over $140 to the kinds of similar facilities that the discussion of what the morale of million in existing or new detention fa- are there that you could find anywhere our troops is. I think as we met there cilities in Afghanistan and Iraq. So we in the United States, in prison facili- with people at all levels, from the are putting a tremendous amount in ties that are subject to extensive liti- guards to those who ran the hospitals here. gation and oversight by attorneys and to the managers to everyone else, I What benefit does it provide to us? our own judicial system. Throughout could honestly say the morale of our As I indicated, the purpose of this de- this entire process, whether one is in troops there is very high. But there is tention, to me, is twofold. First of all, the most extreme, highest maximum a concern that was consistently exit is to stop dangerous terrorists from security circumstance or whether one pressed to me by them. I had the oppor- being put back into the field so they is in some of those areas where the tunity to have lunch with some of can go back out and continue to kill more responsible detainees are able to those who were literally on the front Americans and others and train and fa- be, they are always provided with the lines having to go into the cell blocks cilitate other terrorists in doing the best possible treatment. I don’t believe and to provide the guard service same thing. The first thing is to stop it would be possible for a valid argu- around the clock with these detainees. them from committing terrorist activ- ment of some type of physical abuse to And they are concerned about what ity. The second purpose is to be able to be made because there is such care the American people and the inter- gain from them information that will there to be certain that even when the national public think about them and help us better pursue or fight against detainees are being interrogated—and, about what they are doing because terrorists around the world. The ques- by the way, the interrogation is a very they believe they are treating these de- tion of Guantanamo detainees, which I humane and, frankly, easygoing proc- tainees with the highest respect and will again state is not the kind of in- ess which does not create physical with the most humane treatment pos- terrogation that one thinks of when they think of a gulag, or what you threat to the detainees—there are al- sible. They are overseeing it rigor- might see on TV as a threatening in- ways more than one or two or three ously. If any of them steps out of line, terrogation. This is entirely nonthreat- people observing what is happening so they get handled and they get in trou- ening interrogation. It has improved there cannot be a circumstance where ble. Yet they are subjected constantly something goes awry and someone the security of our Nation and coali- to threats and harassment and abuse tion partners by helping us to expand abuses the relationship and the situa- from the detainees. our understanding of the operations of tion. It is my perspective that if anyone is the terrorists. It has given us an ex- Let me talk a little bit about the being abused at Guantanamo, it is not panded understanding of the organiza- medical care. I said they are getting the detainees, it is the good young men top-notch medical care. I asked many tional structure of al-Qaida and other and women guards who are there on the terrorist groups. It has given us more of those who we were there with what front line, who are themselves phys- knowledge of the extent of the ter- the comparability would be between ically threatened, verbally threatened, rorist presence in Europe, the United the medical care provided to these de- and in other ways abused. It has been States, and the Middle East. It has tainees and that provided to detainees reported what kinds of things are given us knowledge of al-Qaida’s pur- by other nations in other wars or in thrown at them through the cell blocks suit of weapons of mass destruction, of other circumstances. Consistently no as they walk through. When they hap- methods of recruitment and location of one could give me an example of better pen to go through and a detainee recruitment centers, terrorist skill medical care ever being provided any- throws urine or feces on them, they sets, general and specialized operative where. I asked if it was equivalent to have to go out, be hosed off, and go training, and of how legitimate finan- the kind of medical care that our own back into duty. If anyone is being cial activities are being used to hide troops were being provided. The answer abused at Guantanamo, it is the treat- terrorist operations. was yes. It is probably better medical ment that is being afforded to our men The intelligence we are gaining by care than these detainees have ever and women of the military that is the interrogations of those who are had in their lifetime. When they were causing the abuse to them, rather than kept at Guantanamo has prevented ter- first brought there, many of them had the reverse. rorist attacks and has saved American traumatic injuries from the battles in For those here in this body or any- lives. Not only has no one died at which they were captured. Those inju- where else to accuse our men and Guantanamo, not only has the highest ries were treated. Now they have women of mistreating those at Guanta- health care possible been provided to reached a point that they have been namo is a great irony because any them, but lives have been saved as a re- there several years, some of them, abuse or mistreatment that is hap- sult of our activities there. Detainees where they are being treated for the pening is the reverse. have revealed al-Qaida leadership kinds of problems you and I and others I am proud of our men and women structures and operating funding mech- would want to have medical care for. there. They are truly doing a great anisms, training and selection pro- They are getting annual checkups. service for this country and for this grams, travel patterns, support infra- They are being treated for diabetes, if world. Let me conclude by talking a structure, and plans for attacking the they have back ailments or heart prob- little bit about what that is. United Sates and other countries. In- lems, whatever it may be, if they have By the way, I forgot one piece of information has been used by our forces dietary needs, they are being treated formation. I have talked about the on the battlefield to identify signifi- for them. medical facilities and other kinds of cant military and tribal leaders who A number of them have lost their support that have been provided to are engaged in or supporting attacks limbs, not because they lost them in these detainees to make sure they are on coalition forces. Detainees have battle but because they lost them being properly cared for. In the newest continuously provided information while they were building bombs to blow facilities, the prisoners even get air that confirms other reporting regard- up Americans. And we have provided conditioning, which is not something ing the roles and intentions of al-Qaida treatment for their loss of limbs and most of the troops get, at least during and other terrorist operatives. actually provided them with pros- their working hours. But what does I could get into details, but I will not thetics and helped them with the phys- that cost us? What kind of investment do that publicly. The fact is, we are ical therapy so they can regain the use has the United States made? To this getting extensive, detailed information of their bodies to the maximum extent point, the United States has spent over from the terrorists who are kept at we can help them. We have facilities $241 million in providing these medical Guantanamo, which is saving Amer- there to do major surgery. We have all facilities, these containment and de- ican lives and helping us to protect our kinds of other support. If they have tention facilities, and for the care and young men and women in the military medical needs that go beyond what we treatment and feeding of these detain- and people in other nations.

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I hope Senator BEN NELSON long-term challenge, and we as Demo- type of a new detention circumstance and Senator RON WYDEN will also come crats need to address that, as we have in modern warfare, which parallels forward and report what they saw at said we would. some of the most terrible examples Guantanamo. Unfortunately, the President has that our critics have been able to I am happy to also thank, as Senator other ideas. His goal is not to bolster throw up at us? I went down there CRAPO has, all of our men and women Social Security. To the contrary, he wanting to know and wanting to see in the military who serve our great went all the way to West Virginia, ar- and to be able to report back to the country. guing that the trust fund is nothing American people about what truly is Mr. President, I suggest the absence more than an accounting fiction. And happening. of a quorum. you can’t argue for strengthening What I found was that the U.S. men The PRESIDENT pro tempore. The something if you don’t believe it exists. and women of our Armed Forces are clerk will call the roll. No, the President’s goal isn’t to committed, honorable, loyal, duty- The legislative clerk proceeded to strengthen Social Security. His goal is bound members of the American mili- call the roll. to privatize it. Privatization, with its tary who are following the orders of Mr. REID. Mr. President, I ask unan- deep benefit cuts and massive debt, their Commander in Chief to the letter, imous consent that the order for the would undermine Social Security, and following the Geneva Conventions, and quorum call be rescinded. as a matter of principle we Democrats The PRESIDING OFFICER (Mr. providing beyond what the Geneva will never go along. BURR). Without objection, it is so or- Conventions even requires in terms of Social Security is based on the best dered. protection to these detainees, in a serv- of American values. It promises Ameri- ice to America and to the world. I f cans if they work hard, contribute, and found a circumstance where I don’t be- SOCIAL SECURITY PRIVATIZATION play by the rules, they can retire and lieve a valid argument can be made live in dignity, and their families will that there is any nonhumane treat- Mr. REID. Mr. President, soon after President Bush won reelection last No- be protected if they become disabled or ment of these detainees. I found a cir- pass away. A third of the benefits paid cumstance in which it appears to me vember, he made it clear that the top priority of his second term would be out by Social Security are not, as my that what is being portrayed by some grandmother referred to it, old-age is simply manufactured out of whole the privatization of Social Security. This is something the President had pensions. They are for people who are cloth in order to perpetuate a broader disabled, widows, orphans. Social Secu- debate against the United States and thought of long before his second term. In fact, when he ran for Congress in the rity is not a handout. It promises bene- our interests. fits that people earn through their I also became convinced that, far be- late seventies from Texas, he talked hard work. That is as it should be, and yond being simply a detention facility, then about the Social Security plan we need to do everything we can to Guantanamo is one of the key strategic going broke and that it should be make good on that promise. interrogation facilities necessary for privatized. So this is something he has Fortunately, the American people the United States in pursuit of the war thought of a long time. But since he agree with us. Along with several of against terror in this world. As we have was elected the second time, he and my Democratic colleagues, I have trav- said in both of our remarks, Guanta- other members of his administration eled the country on behalf of Social Se- namo is where the worst of the worst have organized a massive campaign, curity and against privatization. Ev- are taken. They are taken there to be given countless speeches, and criss- erywhere we go, whether rural areas, protected so that we can be protected crossed the country all in an effort to suburban settings, or big cities, the re- from them and so that we can gain in- sell the American people privatization. sponse is the same: Americans don’t formation from them that will help us It has been a tough sell, though. The want Social Security privatized. Mid- better protect ourselves as we continue polls show that people have accepted dle class workers don’t want their ben- to fight to defend against the likes of this whole Social Security agenda efits cut. They don’t want our Nation Osama bin Laden. about 25 percent. When he started it I also stand here to commend the was in the 70s. Now it is down to 25 per- to get even further in debt to the Chi- young men and women of our fighting cent. It has been a tough sell because nese and Japanese and Saudis. They forces—not just those who at Guanta- the President’s privatization proposal don’t want to adopt a risky scheme namo are suffering the abuse of the de- is flawed in many ways. It would re- that could undermine the retirement tainees and the extremes of the weath- quire deep benefit cuts, even for work- security they have worked so hard to er and the living circumstances there ers who don’t choose to privatize ac- earn. to defend us, but those who serve counts. It would require massive bor- According to one poll, as I have men- throughout this world, whether it be in rowing from countries such as China, tioned, only 25 percent of Americans Iraq or Afghanistan or any of the other Saudi Arabia, where we borrow about support the President’s handling of So- points of conflict or in any other of the 40 percent of the money we borrow for cial Security. The opposition to privat- stations around this world, where we this year’s deficit, which will be in the ization is as broad as it is deep. From have men and women deployed to de- hundreds of billions of dollars, prob- those numbers, it is very obvious that fend our interests. ably closer to half a trillion than not. it is not only Democrats throughout The United States is at war against It would turn Social Security from a the country who oppose this, Repub- terrorists and we must acknowledge guarantee into a gamble. And his licans oppose it, also. Most Americans that. The efforts of the men and women privatized accounts would not in rural areas who are especially reli- in our military should be commended, strengthen Social Security’s finances ant on Social Security voted for Presi- not discredited. I stand as one Senator at all. In fact, it would make the long- dent Bush last year, but they strongly to thank the men and women of our term challenge worse, not better. The oppose his privatization plan. In fact, Armed Forces for the tremendous job President has said the privatization among those rural residents who know they do. They put their lives on the plan will not stabilize Social Security. a great deal about the President’s plan, line daily for us and they should be It is important to remember that opponents outnumber supporters by al- given our thanks, not our criticism. even if we do nothing, which no one most 40 percent. With that, I yield back the remainder here is advocating, Social Security will That certainly seems to be the pre- of my time. pay 100 percent of promised benefits vailing view among my neighbors at The PRESIDENT pro tempore. The until about 2055 and about 80 percent home in Searchlight. Whenever I am Senator from Kentucky is recognized. thereafter. In fact, President Bush will home, folks tell me the same thing:

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Because of this widespread opposi- ment, and related agencies for the fiscal year tion, some here in Washington have ap- President Eisenhower. ending September 30, 2006, and for other pur- parently concluded they could not pass As I have said, I want to make sure poses. this proposal on the Senate floor in an these words are not coming from me. Pending: open and public debate. Rather than These are President Eisenhower’s Burns (for Voinovich) amendment No. 1010, give up on this unpopular proposal, words. But if President Eisenhower’s to prohibit the use of funds to take certain they are, instead, adopting a stealth view is not persuasive to our current land into trust without the consent of the strategy. It has been widely reported President, I would propose he listen to Governor of the State in which the land is located. that many in the minority party are the words of another Republican Presi- AMENDMENT NO. 1022 now seeking to move a bill through the dent, his dad. In 1987, the first Presi- Senate without the private accounts or dent Bush called privatization, Mr. BURNS. Mr. President, I send an painful benefit cuts included in the ‘‘nutty.’’ As he said at the time: ‘‘It amendment to the desk. First of all, it President’s plan, not because the Presi- may be a new idea, but it’s a dumb is on behalf of the majority leader and dent has abandoned privatization or one.’’ minority leader. It relates to congres- That is what two Republican Presi- benefit cuts but, instead, because they sional security. dents said about privatization. They recognize this is the only means avail- This issue relates to a recent DC are right. able to them to get their flawed plan Board zoning adjustment granting a So I hope we can move beyond privat- adopted by Congress. building height variance for a devel- ization, move beyond gimmicks, move Under this bait-and-switch strategy, oper here in the vicinity of the Capitol. beyond the attempt to secure private what the Senate says or does on pri- Without going through some sen- accounts through a transparent strat- vate accounts or benefit cuts during its sitive detail, let me simply say our two egy of bait and switch. Instead, let’s consideration of legislation would be leaders have offered this amendment to agree to strengthen Social Security largely irrelevant. The Senate would prevent this variance from going into and to do it on a bipartisan basis. That pass a bill lacking private accounts or effect until the Capitol Police Board, would be the right thing to do for significant cuts and send it to con- with the consent of the Senate and America’s workers and our country. ference with the House, which would be House leadership, certifies that such a Is it my understanding the distin- variance will not impact negatively on controlled by a handful of privatization guished Senator from Texas wants to supporters. These supporters would congressional security and increase speak in time that has been reserved to Federal expenditures related to con- work behind closed doors to ensure the minority? that private accounts emerge in the gressional security. Mr. CORNYN. That is correct. I will This amendment does not preclude conference report. need about 15 minutes. We will not allow that to happen. In development of the property, but it en- Mr. REID. I don’t think we have any- sures that existing height regulations recent weeks, we have seen new evi- one coming, so you are sure welcome to dence that this is, in fact, the adminis- are honored and the security of the use our time. Capitol and all the people who work tration’s strategy. Last week, for ex- Mr. CORNYN. I thank the distin- ample, bills were introduced in the here is protected. guished Democratic leader. So I offer this amendment for the Senate and the House that were adver- The PRESIDING OFFICER. Without tised as establishing private accounts majority leader and minority leader. objection, the Senator from Texas is The PRESIDING OFFICER. Without with no pain whatsoever. But these recognized. objection, the pending amendment is proposals are nothing more than polit- (The remarks of Mr. CORNYN, relating set aside. The clerk will report. ical gimmicks. In truth, they still to the introduction of S. 1313, are Mr. BURNS. Mr. President, I have a would threaten benefits, they still printed in today’s RECORD under very important little conference to go would require massive borrowing from ‘‘Statements on Introduced Bills and to at 3:15. I see the ranking member of foreign countries, and they would still Joint Resolutions.) this committee on the floor. He did a fail, at one day, Social Security’s sol- Mr. CORNYN. I suggest the absence great job on Friday, I am told, flying vency. In fact, like the President’s of a quorum. solo. So I am going to go to that meet- plan, the private accounts they propose The PRESIDING OFFICER. The ing and just kind of turn the reins over would make matters worse. clerk will call the roll. to Senator DORGAN, my good friend No one is going to be fooled by this The assistant legislative clerk pro- from North Dakota. type of gimmickry, and Democrats are ceeded to call the roll. We will start going through some not naive or foolish enough to fall for Mr. BURNS. Mr. President, I ask amendments and start working this a bait-and-switch strategy that has unanimous consent that the order for bill out this afternoon. It is our inten- been widely advertised in advance. the quorum call be rescinded. tion not to keep the Senate open all So I call on the President and his The PRESIDING OFFICER. Without that long today. We will start working supporters to face reality and give up objection, it is so ordered. on those amendments as soon as pos- on privatization. Rather than con- f sible. tinuing to push for this radical and CONCLUSION OF MORNING The PRESIDING OFFICER. The ideologically driven proposal, which is BUSINESS clerk will now report the amendment. a buzzword for getting rid of Social Se- The PRESIDING OFFICER. Morning The assistant legislative clerk read curity, I propose they listen to the as follows: words of another Republican President business is now closed. The Senator from Montana [Mr. BURNS] for from 50 years ago, Dwight D. Eisen- Mr. BURNS. Parliamentary inquiry, Mr. President, we are now on the Inte- Mr. FRIST, for himself and Mr. REID, proposes hower. This is what General Eisen- an amendment numbered 1022. rior appropriations bill; is that cor- hower said back then—This is not some The amendment is as follows: Democratic Senator, Democratic Gov- rect? At the end of title IV, insert the following: ernor, Democratic State legislator, or f SEC. ll. CONGRESSIONAL SECURITY RELATING Democratic Member of the Senate. DEPARTMENT OF INTERIOR, ENVI- TO CERTAIN REAL PROPERTY. This is President Eisenhower: RONMENT, AND RELATED AGEN- (a) IN GENERAL.—Except as provided under Should any political party attempt to CIES APPROPRIATIONS ACT, 2006 subsection (b)— abolish Social Security, unemployment in- (1) the District of Columbia Board of Zon- surance, and eliminate labor laws and farm The PRESIDING OFFICER. Under ing Adjustments and the District of Colum- programs, you would not hear of that party the previous order, the Senate will re- bia Zoning Commission may not take any again in our political history. There is a tiny sume consideration of H.R. 2361, which action to grant any variance relating to the splinter group, of course, that believes you the clerk will report. property located at 51 Louisiana Avenue NW,

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Square 631, Lot 17 in the District of Colum- (1) to accept, consider, or rely on third- SEC. 429. (a) IN GENERAL.—Section 7 of the bia; and party intentional dosing human studies for Federal Reserve Act (12 U.S.C. 789 et seq.) is (2) if any variance described under para- pesticides; or amended by adding at the end the following: graph (1) is granted before the effective date (2) to conduct intentional dosing human ‘‘(d) ADDITIONAL TRANSFERS FOR FISCAL of this section, such variance shall be set studies for pesticides. YEAR 2006.— aside and shall have no force or effect. Mr. DORGAN. Mr. President, I ask ‘‘(1) IN GENERAL.—The Federal reserve (b) CONDITIONS FOR VARIANCE.—A variance unanimous consent that the amend- banks shall transfer from the surplus funds described under subsection (a) may be grant- of such banks to the Board of Governors of ed or shall be given force or effect if— ment be set aside so I can offer an the Federal Reserve System for transfer to (1) the Capitol Police Board makes a deter- amendment. the Secretary of the Treasury for deposit in mination that any such variance shall not— The PRESIDING OFFICER. Without the general fund of the Treasury, a total (A) negatively impact congressional secu- objection, it is so ordered. amount of $1,000,000,000 in fiscal year 2006. rity; and AMENDMENT NO. 1024 ‘‘(2) ALLOCATION BY FED.—Of the total (B) increase Federal expenditures relating Mr. DORGAN. Mr. President, I send amount required to be paid by the Federal to congressional security; an amendment to the desk on behalf of reserve banks under paragraph (1) for fiscal (2) the Majority and Minority Leaders of year 2006, the Board of Governors of the Fed- the Senate and the Speaker and Minority Senator FEINSTEIN. eral Reserve System shall determine the Leader of the House of Representatives ap- The PRESIDING OFFICER. The amount that each such bank shall pay in prove such determination; and clerk will report. such fiscal year. (3) the Capitol Police Board certifies the The bill clerk read as follows: ‘‘(3) REPLENISHMENT OF SURPLUS FUND PRO- determination in writing to the District of The Senator from North Dakota [Mr. DOR- HIBITED.—No Federal reserve bank may re- Columbia Board of Zoning Adjustments and GAN] for Mrs. FEINSTEIN, proposes an amend- plenish the surplus fund of such bank by the the District of Columbia Zoning Commis- ment numbered 1024. amount of any transfer by such bank under sion. Mr. DORGAN. Mr. President, I ask paragraph (1) during fiscal year 2006.’’. (c) EFFECTIVE DATE.—This section shall (b) USE OF SURPLUS.—Of amounts trans- take effect on the date of enactment of this unanimous consent that reading of the ferred to the general fund of the Treasury Act and apply to the remaining portion of amendment be dispensed with. under section 7(d) of the Federal Reserve the fiscal year in which enacted and each fis- The PRESIDING OFFICER. Without Act, as added by this section— cal year thereafter. objection, it is so ordered. (1) $140,000,000 shall be made available to Mr. DORGAN. Mr. President, is there The amendment is as follows: the Secretary of the Interior for use by the an amendment pending that requires a (Purpose: To authorize the imposition of fees Bureau of Indian Affairs; and vote? for overnight lodging at certain properties (2) $860,000,000 shall be made available to at Fort Baker, California) the Secretary of Health and Human Services Mr. BURNS. We do not know yet. for use by the Director of the Indian Health The PRESIDING OFFICER. The On page 254, after line 25, add the following: Service in providing Indian health care serv- amendment that was offered has been ices and facilities. SEC. 4lll. Section 114 of the Department set aside. Mr. DORGAN. Mr. President, I sug- Mr. BURNS. It has been set aside. of the Interior and Related Agencies Appro- Mr. DORGAN. Mr. President, I sug- priations Act, 2003 (16 U.S.C. 460bb–3; Public gest the absence of a quorum. Law 108–7), is amended— The PRESIDING OFFICER. The gest the absence of a quorum. (1) in the second sentence, by inserting ‘‘, The PRESIDING OFFICER. The clerk will call the roll. including utility expenses of the National The bill clerk proceeded to call the clerk will call the roll. Park Service or lessees of the National Park The assistant legislative clerk pro- roll. Service’’ after ‘‘Fort Baker properties’’; and Mr. SUNUNU. Mr. President, I ask ceeded to call the roll. (2) by inserting between the first and sec- Mr. DORGAN. Mr. President, I ask ond sentences the following: ‘‘In furtherance unanimous consent that the order for unanimous consent that the order for of a lease entered into under the first sen- the quorum call be rescinded. The PRESIDING OFFICER. Without the quorum call be rescinded. tence, the Secretary of the Interior or a les- The PRESIDING OFFICER. Without see may impose fees on overnight lodgers at objection, it is so ordered. objection, it is so ordered. Fort Baker properties.’’. AMENDMENT NO. 1026 AMENDMENT NO. 1023 Mr. DORGAN. Mr. President, I sug- Mr. SUNUNU. Mr. President, I send Mr. DORGAN. Mr. President, I offer gest the absence of a quorum. an amendment to the desk for imme- an amendment on behalf of Senator The PRESIDING OFFICER. The diate consideration. The PRESIDING OFFICER. Without BARBARA BOXER, for herself, Senator clerk will call the roll. objection, the pending amendment will NELSON of Florida, Senators CLINTON The bill clerk proceeded to call the be set aside. and SCHUMER of New York, and Senator roll. Mr. DORGAN. Mr. President, I ask The clerk will report. OBAMA of Illinois, and send it to the The bill clerk read as follows: desk. unanimous consent that the order for The PRESIDING OFFICER. Without the quorum call be rescinded. The Senator from New Hampshire [Mr. SUNUNU], for himself and Mr. BINGAMAN, Mr. objection, the clerk will report. The PRESIDING OFFICER. Without objection, it is so ordered. MCCAIN, and Mr. FEINGOLD, proposes an The bill clerk read as follows: amendment numbered 1026. AMENDMENT NO. 1025 The Senator from North Dakota [Mr. DOR- The amendment is as follows: GAN] for Mrs. BOXER, for herself, Mr. NELSON Mr. DORGAN. Mr. President, I send of Florida, Mrs. CLINTON, Mr. SCHUMER, and an amendment to the desk on behalf of (Purpose: To prohibit the use of funds to Mr. OBAMA, proposes an amendment num- myself. plan, design, study, or construct certain bered 1023. The PRESIDING OFFICER. Without forest development roads in the Tongass National Forest) Mr. DORGAN. Mr. President, I ask objection, the pending amendment is unanimous consent that further read- On page 254, after line 25, add the fol- set aside, and the clerk will report. lowing: ing of the amendment be dispensed The assistant legislative clerk read SEC. 4lll. None of the funds made avail- with. as follows: able by this Act may be used to plan, design, The PRESIDING OFFICER. Without The Senator from North Dakota [Mr. DOR- study, or construct new forest development objection, it is so ordered. GAN] proposes an amendment numbered 1025. roads in the Tongass National Forest for the The amendment is as follows: Mr. DORGAN. Mr. President, I ask purpose of harvesting timber by private enti- (Purpose: To prohibit the use of funds by the unanimous consent that reading of the ties or individuals. Administrator of the Environmental Pro- amendment be dispensed with. Mr. SUNUNU. Mr. President, I offer tection Agency to accept, consider, or rely The PRESIDING OFFICER. Without this amendment on my behalf, but also on third-party intentional dosing human objection, it is so ordered. on behalf of Senator BINGAMAN, and I studies for pesticides or to conduct inten- ask unanimous consent that Senators tional dosing human studies for pesticides) The amendment is as follows: MCCAIN and FEINGOLD be added as co- At the appropriate place, add the fol- (Purpose: To require Federal reserve banks lowing: to transfer certain surplus funds to the sponsors. SEC. 4lll. None of the funds made avail- general fund of the Treasury, to be used for The PRESIDING OFFICER. Without able in this Act may be used by the Adminis- the provision of Indian health care serv- objection, it is so ordered. trator of the Environmental Protection ices) Mr. SUNUNU. This amendment is Agency— At the end of title IV, add the following: pretty straightforward. It reads very

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7405 simply: To place a restriction on the have stepped forward to try to address (b) The amount appropriated under sub- use of Federal taxpayer funds to be those concerns to allow timber man- section (a) is designated as an emergency re- used to build logging roads in the agement, an important segment of our quirement pursuant to section 402 of H. Con. Tongass National Forest on behalf of economy, to operate in a fair and rea- Res. 95 (109th Congress). private companies. This is a case where sonable way. But this amendment AMENDMENTS NOS. 1030 AND 1031, EN BLOC we need to be very careful about pro- doesn’t address or solve or make worse Mr. DORGAN. I ask unanimous con- viding Federal subsidies for private any of those concerns. Those are issues sent that the pending amendment be corporations. that we need to continue to address. set aside. This was a topic of discussion during We should have reasonable regulatory The PRESIDING OFFICER. Without some of the remarks I made on the En- processes that are understandable, that objection, it is so ordered. ergy bill and I have raised this issue allow appropriate timber sales and log- Mr. DORGAN. I send two amend- many times in the past. We need to be ging operations to continue on na- ments to the desk and ask unanimous careful about using Federal resources tional forest land. We should do every- consent that they be considered se- INGA- to provide subsidies for private compa- thing in our power to minimize frivo- quentially, offered by Senator B MAN. nies because it distorts the market- lous lawsuits throughout our economy The PRESIDING OFFICER. Without place, promotes inefficiencies, and isn’t but also those types of frivolous law- objection, it is so ordered. good stewardship of Federal resources. suits that might necessarily hinder and In 2004, the Federal Government, The clerk will report. raise the cost of the timber program. The bill clerk read as follows: through the Forest Service, spent be- And, of course, there are subsidies tween $45 and $50 million building log- The Senator from North Dakota [Mr. DOR- being provided by other countries. New GAN], for Mr. BINGAMAN, proposes en bloc ging roads in this segment of the na- Hampshire and Canada share a border, amendments numbered 1030 and 1031. tional forest. They took in roughly $1 and the issue of subsidies in the timber Mr. DORGAN. Mr. President, I ask million in revenues. I would like to industry—placing operations in the unanimous consent that the reading of make sure we give the benefit of the United States at a competitive dis- the amendments be dispensed with. doubt any time we are spending money. advantage—is something that I have The PRESIDING OFFICER. Without We understand it can have economic dealt with time and time again. objection, it is so ordered. impacts, it can create jobs and the But all this amendment does is say The amendments are as follows: like, but to spend $45 or $50 million on we will no longer use Federal funds to AMENDMENT NO. 1030 programs that provide $1 million in support the building, construction, and revenues when there is a timber sale (Purpose: To modify a provision relating to planning and development of roads for funds appropriated for Bureau of Indian Af- seems like an enormous inequity to private entities in the Tongass. When fairs postsecondary schools) me. If you compound these shortfalls you have a cost of $45 or $50 million for On page 182, strike lines 20 through 25 and over 20 years, the losses amount to be- revenue of just $1 million, you don’t insert the following: tween $750 and $850 million. I don’t have to be an economist to understand SEC. 110.(a)(1) For fiscal year 2006 and each think this is an appropriate use of Fed- why this amendment makes good, com- succeeding fiscal year, any funds made avail- eral resources. mon sense for the taxpayer. able by this Act for the Southwest Indian I am pleased to offer this amendment I encourage my colleagues to support Polytechnic Institute and Haskell Indian Na- with Senator BINGAMAN. I hope it will this legislation. It has been endorsed tions University for postsecondary programs of the Bureau of Indian Affairs in excess of restore a little bit of fiscal restraint by a number of groups who are looking and balance to this Interior appropria- the amount made available for those post- at this matter from a purely fiscal per- secondary programs for fiscal year 2005 shall tions bill. It is important to recognize spective and doing what is right for be allocated in direct proportion to the need what this amendment does not do be- taxpayers. It reflects much more com- of the schools, as determined in accordance cause, as the debate is carried forward, monsense use of Federal resources. with the postsecondary funding formula I want to make sure that concerns I yield the floor. adopted by the Office of Indian Education Programs. raised speak to the amendment and not AMENDMENT NO. 1029 to other issues. (2) For fiscal year 2007 and each succeeding The PRESIDING OFFICER. The Sen- What this amendment does not do is fiscal year, the Bureau of Indian Affairs shall ator from North Dakota. prohibit logging in the Tongass or any use the postsecondary funding formula Mr. DORGAN. Mr. President, I ask adopted by the Office of Indian Education other segment of our national forest. It unanimous consent that the pending Programs based on the needs of the South- doesn’t change policy regarding log- amendment be set aside. west Indian Polytechnic Institute and Has- ging in any substantive way. It doesn’t The PRESIDING OFFICER. Without kell Indian Nations University to justify the curtail uses in the national forest, amounts submitted as part of the budget re- objection, it is so ordered. again, in the Tongass or anywhere else quest of the Department of the Interior. Mr. DORGAN. I send to the desk an in the country. I come from a State, (b) Notwithstanding any other provision of amendment on behalf of Senator New Hampshire, that has a great tradi- law, $178,730 is authorized to be appropriated KERRY and ask for its consideration. for the Southwest Indian Polytechnic Insti- tion of multiple use in our national for- The PRESIDING OFFICER. The tute. est system—recreational use, economic clerk will report. AMENDMENT NO. 1031 operations, timber program, hunting, The bill clerk read as follows: fishing. It is a true multiuse forest. I (Purpose: To set aside additional amounts for Youth Conservation Corps projects) believe that general approach to our The Senator from North Dakota [Mr. DOR- On page 130, line 2, strike ‘‘$1,000,000’’ and national forest makes the most sense. GAN], for Mr. KERRY, proposes an amendment numbered 1029. insert ‘‘$1,250,000’’. Finally, this amendment does not re- Mr. DORGAN. Mr. President, I ask On page 138, line 7, strike ‘‘$2,000,000’’ and strict the use of private funds to build insert ‘‘$2,500,000’’. logging roads. I don’t think that is in- unanimous consent that reading of the On page 146, line 19, strike ‘‘$1,937,000’’ and appropriate in any way. If we have a amendment be dispensed with. insert ‘‘$2,500,000’’. timber sale on any segment of the na- The PRESIDING OFFICER. Without On page 211, line 25, strike ‘‘$2,000,000’’ and tional forest, that should be conducted objection, it is so ordered. insert ‘‘$2,500,000’’. in an open, transparent way, but the The amendment is as follows: Mr. DORGAN. Mr. President, I ask market should dictate the (Purpose: Making emergency supplemental unanimous consent to speak in morn- attractiveness of a particular cut, the appropriations for the fiscal year ending ing business for 5 minutes. sale of that timber, the pricing, and September 30, 2005, for the Veterans Health The PRESIDING OFFICER. Without Administration) the like. objection, it is so ordered. People who speak to this amendment On page 254, after line 25, add the fol- CARLOS LAZO may well raise concerns about regula- lowing: Mr. DORGAN. Mr. President, on Fri- SEC. 429.(a) From any money in the Treas- tion, about legal barriers and legal ob- ury not otherwise obligated or appropriated, day I brought to the floor a picture of stacles, about subsidies that other tim- there are appropriated $600,000,000 for the fis- a wonderful young soldier. This soldier ber concerns in other countries may cal year ending September 30, 2005, for the is a man who fled from Cuba on a raft enjoy. Those are all valid concerns. I Veterans Health Administration. in 1992. His name is Carlos Lazo.

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7406 CONGRESSIONAL RECORD — SENATE June 27, 2005 Sergeant Lazo has not been able to I called the State Department, asked the day in which Cuba will have a new bring his family to this country from for Condoleezza Rice. She didn’t return government. To penalize and punish Cuba. He kept in contact with them, my call. As an aside, I would observe American citizens—someone who wants visiting them a number of times under that she was happy to return my call to distribute free Bibles in Cuba, or the rules that allow Cuban Americans when she was up for confirmation on someone who wants to take his father’s to visit close relatives in Cuba once a the floor of the Senate to be the Sec- ashes with his last request to dis- year. retary of State. But she didn’t return tribute his ashes on the grounds of a In 1998, Carlos joined the National my call this time. At any rate, her church he once ministered in in Cuba, Guard. They were mobilized in 2003, de- Deputy, Mr. Zoellick, returned the call. to punish these people—and this Gov- ployed to Iraq in March of 2004. In June I have great admiration for him so I ernment is doing that—is unbelievable. of 2004, Sergeant Lazo came back to was pleased to talk to him. In this case, it is Sergeant Lazo who the United States from Iraq on a 2- I also called the White House and is penalized. So this Monday afternoon week R&R. He hoped to use that time talked to Karl Rove on Friday after- he waits and I wait. Will I get a call to make his annual visit to Cuba to see noon. I just got a call back from the from the State Department saying, No, his sons. But just before Sergeant Lazo White House saying that Mr. Rove will our rules in America are that you can came home on leave, the President an- not be contacting me today. In fact, fight for America and for freedom, but nounced new regulations that would Mr. Zoellick will be handling this. I you don’t have the freedom to go see a limit Cuban-American family visits to have not yet heard from Mr. Zoellick, sick kid? If that is the result, that is once every 3 years. Even though Ser- but he indicated he would be getting unbelievable. geant Lazo got to the Miami airport a back to me. Mr. President, we will see if I get a day before the new regulation went When I talked to the Treasury De- telephone call this afternoon. If they into effect, our State Department pro- partment, they said: The regulations don’t find a humanitarian way to prohibited him from boarding a charter that came into effect that President vide exceptions, not just for Sergeant flight to Cuba to visit his children. Bush has announced provide no human- Lazo but for someone whose father or Mr. Lazo, in the country of Iraq itarian relief at all. mother is dying and they need to go to wearing America’s uniform, won the It means that you can’t travel to Cuba, then we are going to vote on that Bronze Star award. Let me show you Cuba except once every 3 years to see on this appropriations bill. Yes, it will the award, the Bronze Star medal given your family. take a suspension and it will take a SPC Carlos Lazo, Charlie Company, I said: Surely there must be some hu- two-thirds vote. But we will see who 181st Support Battalion, for exception- manitarian exceptions to that. This wants to stand up for the interests of a ally meritorious service while serving guy wins the Bronze Star fighting for young soldier who was willing to fight as a combat medic with Charlie Com- this country, and he doesn’t have the and die for this country but doesn’t pany. It goes on to talk about his her- freedom to go visit a sick kid? have the freedom to go see his sick son. oism and courage. Here is an American They said: There are no exceptions. We will see who is willing to stand up soldier who went to fight in Iraq be- We have people calling us saying: My for his interests and the interests of cause his country asked him to fight in mother is dying in Cuba. I need to go the basic proposition that you ought to Iraq. He was fighting for freedom. This see her. We tell them no because there be free to travel. We will see at the end American soldier wins the Bronze Star are no exceptions. of today. fighting in Iraq. He comes home to this I said what on Earth are you think- I say, again, I fully intend to offer an country and his young child in Cuba ing about? You created the regulation. amendment to this bill, and it will re- has a very high temperature and is in Don’t tell me the regulations prevent quire suspension of the rules, but I will the hospital, quite ill. He wants to go you from doing the right thing. You offer that and ask my colleagues to to Cuba to visit his child. After fight- created them; change them. So here it vote on it. ing in Iraq, he is told he doesn’t have is, on Monday afternoon, this Sergeant Mr. President, there is more to say, the freedom to travel to Cuba to see his Lazo—Carlos Lazo—still asks the ques- but I will reserve that until I get a call sick child. He came to see me the other tion: Why, when I fought in Iraq, dem- from the State Department today tell- day and asked if I could help him be- onstrated courage under battlefield ing us what they have decided to do. cause I have been involved in legisla- conditions, won a Bronze Star, do I AMENDMENT NO. 1032 tion in the Senate dealing with travel come home and find I don’t have the Mr. DORGAN. Mr. President, I ask to Cuba. I happen to believe that we freedom to visit my sick child 90 miles unanimous consent that the underlying ought to treat Cuba just as we do China away from the shores of America? amendment be set aside, and I send to and Vietnam, both Communist coun- That is unbelievable. Not surprising the desk an amendment by Senator tries. Our official policy is that we will to me, but unbelievable. DURBIN. advance the interests of each through I will show you a picture of another The PRESIDING OFFICER. The engagement. Travel and trade will be young woman who visited my office. clerk will report. beneficial to moving China and Viet- This is Joan Scott. Joan went to Cuba, The bill clerk read as follows: The Senator from North Dakota [Mr. DOR- nam towards greater human rights. but she didn’t get permission. She didn’t know she had to get permission. GAN], for Mr. DURBIN, produces an amend- But we believe that is not the case ment numbered 1032. with Cuba because we have clamped She went to Cuba because she wanted to distribute free Bibles. She took a Mr. DORGAN. I ask unanimous con- down on trips to Cuba. sent that further reading of the amend- Now a fellow like Carlos, an Amer- supply of Bibles and went to Cuba to distribute them. Guess what this Gov- ment be dispensed with. ican soldier who is willing to fight in The PRESIDING OFFICER. Without ernment did. They tracked her down Iraq and wins a Bronze Star, is told, objection, it is so ordered. You can’t visit your children in Cuba and slapped a $10,000 fine on her. Why? The amendment is as follows: She didn’t have a license to go to Cuba. except for once every 3 years. Even (Purpose: To prohibit the use of funds in con- when your child is ill in a hospital, we Fidel Castro has been sticking his travention of the Executive order relating won’t allow you to visit him. finger in our eye for many years. But if to Federal actions to address environ- He asked the question last week: we think we are slapping him around mental justice in minority populations and What about freedom? I was fighting for by restricting the rights of the Amer- low-income populations) freedom. I don’t have the freedom to go ican people to travel there, we are seri- On page 254, after line 25, add the fol- travel 90 miles off the shores of Florida ously mistaken. lowing: to the country of Cuba to see a sick The quickest way to get Castro out SEC. 4lll. None of the funds made avail- child who is in the hospital? of office in Cuba—and he has lived able by this Act may be used in contraven- I called the Department of the Treas- through 10 Presidencies—is through tion of, or to delay the implementation of, Executive Order No. 12898 of February 11, ury, which runs the agency that would trade and travel, just as we do with 1994 (59 Fed. Reg. 7629; relating to Federal ac- provide the licenses, and asked to China and South Vietnam, both of tions to address environmental justice in mi- speak to the Treasury Secretary. He which are also Communist countries. nority populations and low-income popu- didn’t return the call. Trade and travel will rapidly advance lations).

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7407 Mr. DORGAN. Mr. President, I sug- Halliburton orders 50,000 pounds of hearings. It was in 1941 when a Senator gest the absence of a quorum. nails that are the wrong size, so they on the floor of the Senate, named The PRESIDING OFFICER. The are laying on the sand in Iraq. Just an- Harry Truman, with a Democratic clerk will call the roll. other bit of waste. It is $40 for a case of President in the White House, initiated The bill clerk proceeded to call the pop or soda and $7,000 a month to lease a series of hearings that ended up being roll. SUVs. There are $85,000 trucks that are hundreds of hearings. They docu- Mr. DORGAN. Mr. President, I ask abandoned on the roads and are mented massive amounts of fraud in unanimous consent that the order for torched because they had a flat tire or defense contracting during a war. It the quorum call be rescinded. a plugged fuel pump. These are all sto- probably wasn’t pleasant for a Demo- The PRESIDING OFFICER. Without ries we have heard at our hearings, cratic President to have a Democratic objection, it is so ordered. which the authorizing committees Senator challenging them on what was Mr. DORGAN. Mr. President, I ask won’t have. They have been asked to going on with respect to waste, fraud, unanimous consent that I be able to have them, but they will not. I have and abuse, but Harry Truman did it. speak in morning business for 5 min- chaired five hearings—because they Now we have a Republican President, utes. The PRESIDING OFFICER. Without won’t—on these issues. It doesn’t serve a Republican-controlled Congress, sub- objection, it is so ordered. American troops. It disserves American stantial waste, fraud, and abuse, and troops to allow this sort of thing to nobody wants to hold hearings because WASTE, FRAUD, AND ABUSE they are worried it will embarrass Mr. DORGAN. Mr. President, I have happen. somebody. This isn’t about embar- spent the last nearly 2 hours prior to When we get involved in cir- rassing anybody; it is about standing coming to the floor chairing a hearing cumstances where our country has an of the Democratic Policy Committee obligation to the troops we ask to go up for the interests of the American on waste, fraud, and abuse, dealing into harm’s way, we have a responsi- taxpayer, for the interests of the Amer- with the Halliburton Corporation with bility to make sure there is not corrup- ican troops, and deciding that during respect to contracting in Iraq. I don’t— tion and looting and thieving going on. war it is unconscionable for people to along with my colleagues who joined We had a woman testify today, profiteer, and for companies to cheat me—take pleasure at holding hearings Bunnatine Greenhouse. She was the and defraud the Federal Government. Unfortunately, these days, when you to expose waste and abuse and, I think, highest civilian official in the Pen- fraud. We do it because the authorizing tagon dealing with Corps of Engineer read the headlines and the audit re- committees in this Congress have de- projects. She was called in at one point ports, you discover that what this is all cided they are not interested in having and told: Either you can retire or you about is a slap on the wrist, a pat on these kinds of hearings. are going to be demoted. We are not the back, and then a continuation of Let me just give you some idea of putting up with your objections any- the buddy system. what we have learned at the five hear- more. A fellow who testified today with re- ings that I have held on this subject. She was objecting to sole-source con- spect to the food service in Iraq said Today, at the hearing, an employee of tracts being given to Halliburton—no that when Government auditors came, Halliburton who was providing food bids. What is the result of that? Head- they were told: You are not to be avail- service in a portion of Iraq to our line after headline about waste and able to speak to Government auditors. troops, said something to me that was fraud. Here is what she said today: And they were told this: If you are almost unbelievable. He said they were I can unequivocally state that the abuse caught speaking to a Government audi- routinely serving food to American related to contracts awarded to KBR [a sub- tor, one of two things will happen. Ei- troops that had outdated stamps on it. sidiary of Halliburton] represents the most ther, A, you will be fired or, B, you will When you go to the grocery store, you blatant and improper contract abuse I have be sent to a base where there is active witnessed during the course of my profes- fighting. It’s your choice. see that food is going to be good sional career. through a certain date. They were get- I could not believe that. He said it ting that kind of food that was out of By the way, she had a meeting last again. He said it a second time. When date and serving it to American sol- week with the acting general counsel, I Government auditors came to audit the diers. believe, of the Corps of Engineers, and Halliburton food contracts, they were I understand greed because we see she was told that it would not be in her ordered not to speak to the auditors, enough of it in some of these cir- best interest to speak publicly about ordered not to respond to auditors’ cumstances at these hearings. I don’t these things. Surprise, surprise. Don’t questions, ordered not to be available. understand the shameful behavior of worry so much about the waste or the And if they were caught answering somebody who is charging this Govern- fraud or the abuse; worry about the questions of auditors, they would ei- ment for feeding our troops, and then people who are going to speak up, who ther be sent to a base where there was would feed our troops food that is date have the courage to step out and say active fighting, or they would be fired. stamped out of date. The Halliburton here is what is going on, and I am will- So that is some of what is going on. Corporation, by the way, said that it ing to risk my career to talk about it. The question is, Does anybody care? was feeding 42,000 troops a day in one Good for this woman. It took courage Will they, after 2 years of our holding contract, and it turns out that only for her to come forward today. She was five straight hearings now—when I say 14,000 were eating. They were charging one of the top senior officials in that ‘‘they,’’ I mean the authorizing com- for 28,000 meals they were not serving. whole pyramid. The old boys just mittees—perhaps begin to hold hear- Now we discover, more than that— worked around her and worked their ings themselves? Would it be embar- more than charging for 42,000 meals will so they could give contracts worth rassing to ask that committees to do when only serving 14,000 meals—they billions and billions of dollars to one what they are supposed to do—provide were serving food that was out of date company—Halliburton—and then later oversight? When you have $10 billion or to American soldiers. That is unbeliev- to some others, but basically Halli- $12 billion lining the pockets of big able to me. burton. contractors whose documented abuse of We send these soldiers to a war zone Then we hear from a witness named that money is legend—don’t take it and we contracted that company to Rory, who worked in the food facilities from me, take it from the facts that feed them, and they feed them food in Iraq, that Halliburton was routinely are on the record—will the committees that is date stamped out of date. No- serving out-of-date food to American of the Congress do what they have a re- body wants to investigate these things. troops. I thought there wasn’t much sponsibility to do? We will see. No hearings. It is eerily quiet here. more that could shock me after having I wanted to point out that this after- Normally, when you see fraud, waste, my fifth hearing on this, but there is. noon was spent by me—at least from and abuse, we have people who are in- I just say this to the authorizing 1:30 and for the first 2 hours—listening terested in investigating that and put- committees: The minute you decide to to things that I find shameful with re- ting a stop to it right now. We have do the kinds of accountability and spect to practices by some companies— heard so many tales of waste, fraud, oversight hearings Congress is sup- notably Halliburton—in the country of and abuse. posed to do, I will not hold any more Iraq, profiteering during a war.

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7408 CONGRESSIONAL RECORD — SENATE June 27, 2005 Mr. President, the last time we held PBS, is not biased, is good information, tion in the media and about the rules a hearing dealing with Iraq, we had one provides good programming, balanced that the Federal Communications of the people there hold up a towel, and programming, and yet the Chairman of Commission tried to foist on this coun- he said: My job was to buy towels, the Board, who is partisan, has made it try that would allow further con- among other things. I was a procure- his cause to tell the American people centration until they were stopped by ment agent. I was to buy towels—the there is a liberal bias in public broad- the Federal courts? Do my colleagues hand towels you would use in the bath- casting over television and radio on think that would ever be dealt with by room in the morning. NPR and so on. the major television networks? Not on He showed us the hand towel he was Most of us, of course, know public your life because they are all making going to buy, and then he showed us television by Big Bird, Ernie, the Cook- money consolidating. the one he did buy. The one he did buy ie Monster, the Count, Grover. I was The Federal Communications Com- had a logo of the company on it—the thinking, when I have heard the discus- mission came up with a goofy rule—one contracting company. The contracting sions about public broadcasting by the that, in my judgment, subverts the in- company wanted him to buy a higher Chairman of the Board, Mr. Tomlinson, terests of the American people—and priced towel, a more expensive towel, I was thinking of Oscar the Grouch, said it will be all right if in one major so they could put their logo on it. who complains about everything. I American city one company owns eight Waste of the money? I think so. It is would not take the analogy so far be- radio stations, three television sta- unbelievable when you see all that is cause Oscar the Grouch lives in a trash tions, the dominant newspaper, and the going on and nobody is minding the can, but every time he peeks his head cable company. That is just fine, ac- store. out something is wrong. He complains cording to the Federal Communica- I hope perhaps one day this Congress, about everything, Oscar the Grouch. tions Commission. Well, it is not fine in a deep slumber about accountability Well, maybe we have an Oscar the with me. That was the quickest and and oversight responsibilities, will Grouch running the Corporation for biggest cave-in to the special interests wake up and do what it is required to Public Broadcasting. After all, he is a I have ever seen in my life, and the do. At that point, we will no longer partisan who has decided to allege that Federal court has at this point stopped have to do hearings in our policy com- there is a partisan and liberal bias at it. mittee. Until that point, however, we the Corporation for Public Broad- Guess who did the in-depth reporting, intend to continue such hearings. casting. Then he hires a conservative the hard-hitting reporting on the con- Mr. President, I yield the floor and to do an evaluation of that. centration of corporate interests in suggest the absence of a quorum. When he did that with public fund- broadcasting. Was it CBS, NBC, ABC, The PRESIDING OFFICER. The ing, I asked Mr. Tomlinson, by letter, FOX News? No, not on your life. They clerk will call the roll. to provide me the information gleaned would not touch it because they make The bill clerk proceeded to call the from this consultant. He then sent me money continuing the concentration. roll. the raw data, which was many pages of It was public broadcasting. It was Bill Mr. DORGAN. Mr. President, I ask raw information. I have described that Moyers. For that, he pays a price. The unanimous consent that the order for on the Senate floor. I will not do that price he pays: Mr. Tomlinson and oth- the quorum call be rescinded. again. He told me that it was not a ers accuse him of going astray, a lib- The PRESIDING OFFICER. Without summary but he was completing a eral bias. objection, it is so ordered. summary. I have now been given the When I looked at the papers I was Mr. DORGAN. Mr. President, I ask summary in the last couple of days—I given that represent the raw data from unanimous consent to speak in morn- believe last Friday. the consultant, some of the listings ing business for 5 minutes. In the intervening period, Chairman evaluated programming on public The PRESIDING OFFICER. Without Tomlinson also decided that his can- broadcasting as either anti-Bush or objection, it is so ordered. didate to become President of the Cor- pro-Bush. Is that what we are going to CORPORATION FOR PUBLIC BROADCASTING poration for Public Broadcasting, a po- do in this country—run our evaluation Mr. DORGAN. Mr. President, there sition that was open, should be as- of whether something is fair through a has been quite a controversy devel- sumed by a former Co-Chair of the Re- prism of whether it supports our Presi- oping in recent weeks about the Cor- publican National Committee. Over the dent, whoever our President is? Is that poration for Public Broadcasting. I objections of some members of the the way one would have wanted to have spoken on the Senate floor a cou- Board of Directors, he made that hap- evaluate public broadcasting when ple of times about the subject, and I pen last week. So the former Co-Chair President Clinton was in office—anti- wish to address it now, particularly be- of the Republican National Committee Clinton, pro-Clinton? I do not think so. cause of actions that were taken last is now going to become the President That is not the way we have a responsi- week. of the Corporation for Public Broad- bility to evaluate these things. The Corporation for Public Broad- casting, an organization that the This country is still a democracy, a casting has a Board of Directors that is Chairman of the Board of the Corpora- free country. It is not unpatriotic to be headed by a Mr. Kenneth Tomlinson. tion for Public Broadcasting alleges critical of our Government. In the case Mr. Tomlinson decided to take it upon has a liberal bias. He believes that it is of the FCC rules, that would allow himself to describe public broadcasting political or partisan; therefore, he massive concentration of broadcasting as having a liberal bias. Because it has brings in a partisan. properties so that only four or five peo- a liberal bias, according to the Chair- If a former co-chair of the Demo- ple will determine what the American man of the Board of Directors, ap- cratic National Committee had been people by and large will see, hear, and pointed by President Bush, he hired a hired, I assume there would be a howl read. When that happens, when the consultant, a fellow who had worked that one could hear all the way to West FCC tries to do that, it is not unpatri- for 20 years at a journalism center Virginia coming from this Chamber otic to raise questions and do in-depth founded by the American Conservative and the Chamber across the hall be- reporting and do tough reporting on it. Union. He hired a consultant for just cause they would say: You are politi- There is nothing unpatriotic about over $14,000 without the knowledge of cizing the Corporation for Public that. the Board of Directors to evaluate par- Broadcasting. Regrettably, that is ex- So the selection of the former Co- ticularly programming by the Bill actly what Mr. Tomlinson is doing by Chair of the Republican National Com- Moyers show called ‘‘Now.’’ The Inspec- hiring a former Co-Chair of the Repub- mittee to be President of the Corpora- tor General at the Corporation for Pub- lican National Committee. tion for Public Broadcasting is a step lic Broadcasting is now investigating Public broadcasting does a real serv- that will injure public broadcasting. that expenditure of money. ice in this country. There are some sto- The board members who objected have It is curious to me that the American ries no other broadcasters will do. Do told me that they felt the process for people, by a wide margin, believe that my colleagues think that ABC, CBS, the selection of the chairman was not public television and public radio, Na- NBC, or FOX will ever do a no holds fair, and I intend to ask the Inspector tional Public Radio, for example, and barred, in-depth story about concentra- General to include that question in the

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7409 investigation that is now ongoing Mr. DORGAN. I ask unanimous con- The PRESIDING OFFICER. Without about the use of funds for the consult- sent that the reading of the amend- objection, it is so ordered. ant. ment be dispensed with. Mr. STEVENS. Mr. President, what I believe most of us, Republicans, The PRESIDING OFFICER. Without is the parliamentary situation? Democrats, and Independents, should objection, it is so ordered. The PRESIDING OFFICER. The care about retaining a strengthened The amendment is as follows: pending question is amendment 1037 to and important public broadcasting sys- (Purpose: To extend the authority for water- the Interior appropriations bill. tem in this country. Big Bird is not a shed restoration and enhancement agree- Mr. STEVENS. What amendment is Republican or a Democrat, nor is the ments) pending? Cookie Monster. This is just good pro- On page 254, after line 25, add the fol- The PRESIDING OFFICER. Amend- lowing: ment 1037. gramming. It does a disservice to the SEC. 4lll. Section 323(a) of the Depart- interests of public broadcasting in this ment of the Interior and Related Agencies AMENDMENT NO. 1026 country to begin to undermine it by de- Appropriations Act, 1999 (16 U.S.C. 1011 note; Mr. STEVENS. What is the number manding that there is a liberal bias, by Public Law 105–277), is amended by striking of Senator SUNUNU’s amendment? hiring consultants who themselves ‘‘fiscal year 1999’’ and all that follows The PRESIDING OFFICER. Senator come from a conservative background through ‘‘2005’’ and inserting ‘‘for each of fis- SUNUNU’s amendment is 1026. with which to make a judgment of cal years 2006 through 2015’’. Mr. STEVENS. I thank the Chair. whether things are anti- or pro-Bush in Mr. DORGAN. Mr. President, I ask Mr. President, I have come to the public programming, and then to engi- unanimous consent that the amend- floor to briefly discuss this amendment neer the hiring of the former Co-Chair ment be set aside. that has been offered by the Senator of the Republican National Committee The PRESIDING OFFICER. Without from New Hampshire and others and as President of the Corporation for objection, it is so ordered. tell the Senate this is opening the door Public Broadcasting. All of that moves AMENDMENTS NOS. 1036 AND 1037, EN BLOC to a whole series of agreements that us in the direction that injures some- Mr. DORGAN. I send two amend- were made in previous Congresses and thing very important to this country. ments to the desk on behalf of my col- approved by the President, and it is a My hope is at some point we will be league from Rhode Island, Senator subject I intend to debate at length. I able to see progress in putting this JACK REED, and ask for their consider- will tell the Senate a little bit of his- back together. But there is no question ation. tory tonight and take an opportunity that substantial damage has been done The PRESIDING OFFICER. The to more subsequently discuss this to public broadcasting in recent weeks clerk will report. issue. The assistant legislative clerk read and that damage is because of leader- This amendment that has been of- as follows: ship insisting that public broadcasting fered will prevent the use of Federal itself is flawed and is at fault. The Senator from North Dakota [Mr. DOR- funds to plan, design, study, or con- GAN], for Mr. REED, proposes en bloc amend- struct new forest development roads in I disagree with that. I think the ments 1036 and 1037. problem is not public broadcasting; I the Tongass. The Tongass National Mr. DORGAN. I ask unanimous con- Forest is our largest national forest. It think the problem has been the leader- sent that reading of the amendments ship of the Corporation for Public has a southern division and a northern be dispensed with. division. When I came to the Senate, Broadcasting and the engineering of The PRESIDING OFFICER. Without not only a known partisan to become the harvest level was about 1.5 billion objection, it is so ordered. board feet a year from the total president but also a partisan to do an The amendments are as follows: evaluation that was destined to show Tongass. In subsequent years it has AMENDMENT NO. 1036 been under attack severely, until today what the Chairman of CPB was alleg- (Purpose: To modify certain administrative ing. I think it is less than 17 percent of the provisions relating to the brownfield site Tongass is available for harvesting Again I take no pleasure in coming characterization and assessment program) timber. to the floor to be critical of Mr. Tom- On page 198, lines 21 and 22, strike ‘‘Not- This amendment discriminates linson, but after what I have read from withstanding CERCLA 104(k)(4)(B)(i)(IV), ap- against Alaska. There are national for- the consulting report that is now being propriated funds for fiscal year 2006’’ and in- ests in many States and the Forest investigated, frankly, I think there is a sert the following: ‘‘Notwithstanding section Service spends a lot of money on forest need to speak up and a need to decide 104(k)(4)(B)(i)(IV) of the Comprehensive En- vironmental Response, Compensation, and roads, but this would say that only in that public broadcasting is important Liability Act of 1980 (42 U.S.C. Alaska can the Forest Service be pro- to this country and worth saving and 9604(k)(4)(B)(i)(IV)), beginning in fiscal year hibited from spending money for forest won’t be saved by those who want to 2006 and thereafter, appropriated funds’’. roads. drag it into the partisan waters. AMENDMENT NO. 1037 Let me go back a little bit in the his- Mr. President, I yield the floor. I (Purpose: To authorize recipients of grants tory. I am gathering the information make a point of order that a quorum is provided under the brownfield site charac- we need to address the matter in depth not present. terization and assessment program to use tomorrow and subsequently. This area The PRESIDING OFFICER. The grant funds for reasonable administrative expenses) is not unique in the sense of timber clerk will call the roll. harvest. The Forest Service follows The assistant legislative clerk pro- On page 200, between lines 2 and 3, insert the following: about the same regulations in Alaska ceeded to call the roll. Beginning in fiscal year 2006 and there- they would in any other national for- Mr. DORGAN. Mr. President, I ask after, notwithstanding any other provision est. The difference is that we had, in unanimous consent that the order for of law, recipients of grants provided under 1980, the Alaskan National Interests the quorum call be rescinded. section 104(k) of the Comprehensive Environ- Conservation Land Act which withdrew The PRESIDING OFFICER. Without mental Response, Compensation, and Liabil- a great portion of this forest from any objection, it is so ordered. ity Act of 1980 (42 U.S.C. 9604(k)) may use the grant funds for reasonable administrative ex- future harvesting of timber; then after AMENDMENT NO. 1035 penses, as determined by the Administrator that we had the Tongass Timber Re- Mr. DORGAN. On behalf of my col- of the Environmental Protection Agency. form Act which further limited the league Senator WYDEN, I propose an Mr. DORGAN. Mr. President, I make amount that could be harvested from amendment. a point of order that a quorum is not the Tongass; and then we had the enor- The PRESIDING OFFICER. Without present. mous dispute over roads in the objection, the pending amendment will The PRESIDING OFFICER. The Tongass. This is another way to limit be set aside. The clerk will report. clerk will call the roll. the development of Alaska’s timber be- The assistant legislative clerk read The assistant legislative clerk pro- cause of the policies of our national as follows: ceeded to call the roll. Government with regard to harvesting The Senator from North Dakota [Mr. DOR- Mr. STEVENS. Mr. President, I ask the national forests. GAN], for Mr. WYDEN, proposes an amend- unanimous consent that the order for The debate over forest roads also has ment numbered 1035. the quorum call be rescinded. included the question of the provisions

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7410 CONGRESSIONAL RECORD — SENATE June 27, 2005 in the 1980 act which prohibited any that is, that it build the forest roads. where there would be approval for the further withdrawal of Alaska’s lands As it selects an area for timber har- location of the road. The design is de- without prior approval of the Congress. vest, it will build the roads, and the termined by the Federal Government, This is an amendment that looks as if purchaser of the timber will agree to the location is determined by the Fed- there is an economic concept involved, pay the cost of those roads as part of eral Government, the safety features but really it is one of the goals of those the cost of the contract to harvest the are determined by the Federal Govern- who want to limit further use of the timber. ment, and the purchaser of the timber Tongass to produce timber. As time has passed and many of our has agreed to pay the costs. Regarding the roadless concept, they areas have been selected for harvest in The way it is done right now is in the tried to apply it to our national for- the area set aside for timber produc- best way, in the interests of the envi- ests, the Tongass National Forest. Be- tion now—I remind the Senate that ronment, and the interest of the people cause of the provisions in the 1980 act well over three-fourths of the Tongass of the area. Once the roads are built, it which prohibit further withdrawals of has been set aside as national parks, is possible for the local people to be Alaska’s land without prior approval of wild and scenic rivers, forest wilder- able to bid to harvest the timber and to the Congress, that concept did not get ness, and is not available for any kind make it available to the international applied to the Tongass. The last Presi- of timber harvest. In the areas where it community. By Federal law, we do not dent did issue an Executive order was agreed timber harvests would be export this timber. It must be sold in which purported to change that, but permitted, the Forest Service builds the United States. This is from Federal that has been rescinded as that was an these roads and uses the funds we ap- land, and therefore is subject to the error on the part of the last adminis- propriate for that purpose, and those Federal law that prohibits the export tration. We are operating under the funds are repaid by the person who har- of this timber. basis that there could be roads built in vests the timber. It is a forest product that would be the portions of the Tongass that have As time has passed, the challenges worth a great deal more if it could be not been withdrawn. from the environmental organizations exported. But it is not. Some of the Na- The problem is this: The cost of de- of the country, the environmental tive-owned timber is exported, but the veloping roads in Alaska are different costs, the environmental impact state- timber from the Federal lands is not from other States. In most States, ments, and often-repeated environ- exported. The main reason I am here is to ask there is a road infrastructure in the mental impact statements, have added the Senate to think about this. This is area that surrounds the national for- up to the fact that some assert that a provision that applies only in the est. As a matter of fact, most national this is not a profitable endeavor, for Tongass National Forest of Alaska. forests have a Federal highway going the Federal Government to allow tim- Why not the rest of the country? Why right through them. Southeast Alaska ber to be harvested in the Tongass. But not the forests in New Hampshire? has no roads. It is an island commu- they forget—and that is why I am There is a forest in New Hampshire. nity. There is no connection between here—they forget there was an under- What about the forests of other areas those islands. There is no attempt to standing and a commitment that a por- of the country? I am considering offer- build a highway system in southeast tion of this area would be available for ing a second-degree amendment—I un- Alaska. As a matter of fact, our capital timber harvest. That is one of the local derstand second-degree amendments city has no roads that can be used to products that is a renewable resource. will be in order and are in order—to enter Juneau from another area. I The cutting cycle in our timber area is apply it to the whole country. think it is the only capital you can over 100 years. It means an area har- Above all, what about the commit- reach only by boat or air. There is no vested this year will not be put up for ment made to Alaska when so much of way to drive to our capital because it sale for 100 years. Under the cir- Alaska was withdrawn? In 1980, the law is on one of the islands I am talking cumstances, to have a provision that that was passed we called the Alaska about. says the roads that are to be built National Interests Land Conservation When we look at the situation of would be built by an individual in ad- Act which withdrew over 100 million southeast Alaska, we have to realize vance of getting a contract for timber acres. That was a hard-fought battle one of the costs of developing a timber harvesting means that great specula- that lasted 7 years in this Senate. We industry in southeast Alaska is build- tion would enter into this industry. finally reached a conclusion that many ing roads on islands on which there are It would also mean that the decision of my constituents disagreed with, that no roads. They are temporary roads would be made by nonresidents of the in order to go forward with our econ- built under specification of the Forest area, speculators. Currently our log- omy and in order to go forward with Service and designed to become wilder- ging industry is a local industry. They our relationship with the Federal Gov- ness, in effect, once the regrowth is are small logging companies. They log ernment, we agreed to that act. It be- commenced. small areas on the islands at a com- came law despite the fact that so many What I am saying is, once the timber petitive bid to obtain the right to har- people disagreed with it because it did is harvested, the natural product of vest that timber. This is not a case of have some commitments to Alaska. what we call the ‘‘slash’’ that comes wasting Federal money. This is one of the commitments, that from developing and cutting the timber Those who are approaching it from the areas that were not set aside would is laid across the ground, and within a the point of view, saying the Federal be subject to harvest by the timber in- very few years that area will be totally Government should not spend this dustry under the concepts that existed grown over again. In most instances, money, do not realize the best way to at the time. we will not find the roads because they develop this timber industry was to Now if we come along and change have been eliminated by regrowth. I in- have roads built by a Federal agency, those concepts and say you cannot use vite everyone to take a look at Admi- designed by a Federal agency, and con- Federal funds in the beginning, it ralty Island, across from Juneau. That structed for the safety not only of the means we will have to go back and at one time was cut for timber and now people who are going to be working in fashion a basic Federal law that deals is regrown to such an extent that it has the area but also for the protection of with the investment of private funds in been named a wilderness area. It is the other resources such as the fish and those roads before the decision has only area in the country that is a wil- wildlife resources of the area. been made—it is almost impossible for derness area despite the fact that its The problem for a person who wants anyone to conceive building roads in an timber was once cut. to harvest this area is overwhelming if area before the final decision has been As we get the information I am seek- they have to make the decision of made that the timber can be harvested. ing from the Forest Service and from where the road should go because there The decision used to be made just by other agencies, I want to demonstrate is so much inter-Federal-agency con- the Forest Service, but it is made by to the Senate that the only way to be sultation going into the harvests, these the courts now. Every single sale has able to harvest the timber we are enti- roads for timber harvest, that it would gone to court repeatedly. tled to harvest is to follow the process be almost impossible for a private sec- Two years ago, I had an amendment the Forest Service itself has selected; tor person to be able to get to the point to limit the amount of time that could

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7411 be taken in those appeals. That is an There actually was a Senator on the today. I will be here tomorrow to try issue that needs to be examined. But floor of the Senate at one time who to explain further our amendments. very clearly, the concept of using this said our whole State should be made a But I do want to explain to my friends approach that none of the funds avail- national park and we should not be al- who are the managers of this bill, I able in this act may be used for the de- lowed to develop any portion of it. Our hope they will not become overly dis- velopment of the these roads is another State is one-fifth the size of the United turbed with us. But we want to find way to make the area wilderness. This States. It is as big as at least 20 of the some way to convince the Senate not is a wilderness bill. This is not an eco- 48 States of what we call the South 48. to discriminate against our State. If nomic amendment. This is an amend- We are entitled to a lifestyle. We are there is some change that should be ment to assure that the commitment entitled to be treated as a State. We made to forest roads, it should apply to was made to us that a portion of the fought long and hard to become a all forests. And if there is some concept timber in the Tongass could be har- State. What we are seeing here is this of making a decision with regard to the vested. This will be reneging on that inching away from being treated as a economics of this aspect of this, let’s commitment. State. This amendment only applies to decide what to do with the Forest Serv- There is no way now for us to proceed Alaska. Of all the units of the forest ice altogether, not just the Forest with this type of road construction system in the United States, it would Service that applies to Alaska. until we identify the purchaser of the only apply to Alaska. I think that type I close with what I started. Last timber, and there is no way really to of discrimination should be reason year, I think we harvested less than 200 get to the point of purchasing the tim- enough for any Senator to vote against million board feet of timber, less than ber until the roads are created. There this amendment. one-seventh of what was harvested the are no roads available in the area ex- But above all, I do hope the Senate year I came to the Senate. Successive cept the ones to be constructed by the will take time with us. My colleague, Congresses have found ways to whittle logging company that will cut the tim- Senator MURKOWSKI, will be with me away, whittle away, whittle away at ber. tomorrow, and we will discuss this our ability to use the resources of our I am sure the sponsors of this amend- amendment at length. State. I think this is a time to ask the ment do not realize what they are set- Right now, I just have to express my Senate to pause and consider that. ting in motion. They are setting in mo- deep disappointment in an amendment I yield the floor. tion a total block to development of of this type. I cannot conceive of offer- The PRESIDING OFFICER. The Sen- the Tongass and a total reneging on ing an amendment to discriminate ator from Colorado. the commitment that was made to our against another State. We sought to Mr. SALAZAR. Mr. President, I ask State that timber in this area would be become a member of this Union be- unanimous consent that the pending subject to harvest. cause we thought we would be equal to amendment be set aside. I hope to have an amendment that other States. We have witnessed, time The PRESIDING OFFICER. Without will make this apply to the whole and time again, this attitude of people objection, it is so ordered. country. AMENDMENTS NOS. 1038 AND 1039 I also have an amendment that I from other parts of the country that we would want the Senate to consider, and are not entitled to the same rights as Mr. SALAZAR. Mr. President, I send that is that there should be a study other Americans in terms of our rela- two amendments to the desk en bloc made of the developing of these roads tionship to the Federal Government. and ask unanimous consent for their I think this is an area that needs ex- in the forest system, and that there be immediate consideration. a report on a new process to develop amination. And it needs understanding. The PRESIDING OFFICER. Without roads in the units of the National For- I cannot recall since I have been here objection, the clerk will report. The assistant legislative clerk read est System if we are not to use Federal holding up an appropriations bill. This as follows: funds to build the roads. one I do think is going to be held up. I Again I say, from the point of view of want the Senate to know that I have a The Senator from Colorado [Mr. SALAZAR] safety, from the point of view of con- whole series of amendments that will proposes en bloc amendments numbered 1038 and 1039. sistency as far as environmental pro- be offered to this amendment. I do not tection, having the Forest Service take lightly the attack on our State, a Mr. SALAZAR. Mr. President, I ask build the roads in the areas that they discriminatory attack on Alaska. unanimous consent that further read- agree to be available for timber har- There are few Senators who have ing of the amendments be dispensed vesting is the best way we have devised been privileged to be part of a battle with. so far. This concept, if it is to be stud- for statehood for their State who end The PRESIDING OFFICER. Without ied, it ought to be studied throughout up on the floor of the Senate. I think objection, it is so ordered. the whole National Forest Service Sys- one of my duties as a Senator for Alas- The amendments are as follows: tem, not just my State, not just our ka is to see to it that we are not dis- AMENDMENT NO. 1038 State. criminated against. And this is a dis- (Purpose: To provide additional funds for the I do think there is a great deal more criminatory amendment, one that real- payment in lieu of taxes program, with an to this debate that needs to be brought ly disturbs me, as I have indicated, offset) up to the Senate. But above all, people greatly. I do hope those who come from On page 171, line 13, strike ‘‘$94,627,000’’ and have asked: Why don’t we just have a States that have national forests will insert ‘‘$87,627,000’’. examine the practices in their States. On page 172, line 17, strike ‘‘$235,000,000’’ vote? The main reason is I think there and insert ‘‘$242,000,000’’. are Senators here who really do not One of the strange things about this AMENDMENT NO. 1039 know the history of the development of is we have inquired from the Forest this relationship between Alaska and Service about the money they are (Purpose: To provide that certain user fees spending for roads in each of the for- collected under the Land and Water Con- the Federal Government with regard to servation Act of 1965 be paid to the States) the resources of our State. ests. The way they handle the money, it is not too easy to find out how much On page 254, after line 25, add the fol- If you look at the 1980 act that with- lowing: drew over 100 million acres, you will money is being spent in each of the for- SEC. 4lll. (a) Notwithstanding sub- find that because of those withdrawals ests. section (b)(3) of section 6 of the Land and you cannot build a north-south road in But clearly we know there are forest Water Conservation Fund Act of 1965 (16 Alaska. You cannot build an east-west roads being built in the national for- U.S.C. 460l–8), any user fees collected under road in Alaska. There is no way to get ests in other States. I believe the Sen- that Act with respect to recreational and re- through the various passes and across ate should understand the gravity of lated activities in a State shall be paid to the rivers where you should be able to this kind of discrimination against my the State in which the fees were collected. (b) Amounts paid to a State under sub- do it because withdrawals were made State. section (a) shall be in addition to, and shall for national parks, wild and scenic riv- I am not offering these amendments not reduce, the apportionment of the col- ers. There are a whole category of yet because I want to confer with my lecting State under section 6(b) of the Land withdrawals to prevent that kind of de- colleague who went home this past and Water Conservation Fund Act of 1965 (16 velopment. weekend since there are no votes U.S.C. 460l–8(b)).

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7412 CONGRESSIONAL RECORD — SENATE June 27, 2005 Mr. SALAZAR. Mr. President, I want (Purpose: To set aside funds for the Univer- shall be made available for the replacement to just spend a few quick minutes sity of Missouri-Columbia to establish a of the main gate facility at the Filene Cen- speaking about both of these amend- wetland ecology center of excellence) ter, Wolf Trap National Park for the Per- ments. The first amendment is an On page 154, line 12, strike ‘‘That’’ and informing Arts, Virginia,’’. amendment relating to the payment in sert ‘‘That from the amount provided for the AMENDMENT NO. 1028 biological research activity, $200,000 shall be lieu of taxes. Mr. BURNS. Mr. President, I call up made available to the University of Mis- amendment No. 1028 regarding the For those of us who come from the souri-Columbia to establish a wetland ecol- Great Smoky Mountains. West, where so much of our land is ogy center of excellence: Provided further, The PRESIDING OFFICER. Without owned by the Federal Government, That’’. objection, the pending amendments are payment in lieu of taxes is essential for Mr. BURNS. Mr. President, I ask set aside. The clerk will report. our local governments to be able to unanimous consent that the amend- The assistant legislative clerk read function. In my great State of Colo- ment be set aside. as follows: rado, most of the western half of the The PRESIDING OFFICER. Without The Senator from Montana [Mr. BURNS], State is owned by the Federal Govern- objection, it is so ordered. for Mr. FRIST, for himself, and Mr. ALEX- ment. There are many counties in my AMENDMENT NO. 1041 ANDER, proposes an amendment numbered State that rely on payment in lieu of Mr. BURNS. Mr. President, I send to 1028. taxes for up to 90, 95 percent of their the desk an amendment offered by Sen- Mr. BURNS. Mr. President, I ask budgets. ator CRAIG of Idaho regarding mineral unanimous consent that reading of the The amendment I have sent forward rights in the Payette National Forest. amendment be dispensed with. that deals with payment in lieu of The PRESIDING OFFICER. The The PRESIDING OFFICER. Without taxes is an amendment that would add clerk will report. objection, it is so ordered. an additional $7 million into the pay- The assistant legislative clerk read The amendment is as follows: ment in lieu of taxes fund. That would as follows: (Purpose: To reinstate a provision relating to National Parks with deed restrictions) bring the amount up to a level of con- The Senator from Montana [Mr. BURNS], On page 254, after line 25, add the fol- sistency with what has come out of the for Mr. CRAIG, proposes an amendment num- lowing: House of Representatives. bered 1041. SEC. 4lll. (a) Section 813(a) of the Fed- I urge my colleagues in the Senate to Mr. BURNS. Mr. President, I ask eral Lands Recreation Enhancement Act (16 support the amendment. unanimous consent that reading of the U.S.C. 6812(a)) is amended by striking ‘‘and Mr. President, the second amend- amendment be dispensed with. (i)’’ and inserting ‘‘and (i) (except for para- ment deals with the Land and Water The PRESIDING OFFICER. Without graph (1)(C))’’. Conservation Fund. My proposal, in objection, it is so ordered. (b) Section 4(i)(1)(C)(i) of the Land and this amendment, is that the user fees Water Conservation Fund Act of 1965 (16 The amendment is as follows: U.S.C. 460l–6a(i)(1)(C)(i)) is amended— that are collected in, for example, ski (Purpose: To withdraw from mineral entry or (1) by striking ‘‘Notwithstanding subpara- areas in places such as Montana or Wy- appropriation under mining lease laws, and graph (A)’’ and all that follows through ‘‘or oming or Colorado—that those from leasing claims under mineral and geo- section 107’’ and inserting ‘‘Notwithstanding amounts of money be returned back to thermal leasing laws, certain land in the section 107’’; and the Land and Water Conservation Fund Payette National Forest) (2) by striking ‘‘account under subpara- in those States in addition to the At the appropriate place, add the fol- graph (A)’’ and inserting ‘‘account under sec- amount of money they already receive lowing: ‘‘Provided further, That, subject to tion 807(a) of the Federal Lands Recreation under the Land and Water Conserva- valid existing rights, all land and interests Enhancement Act (16 U.S.C. 6806(a))’’. (c) Except as provided in this section, section Fund. in land acquired in the Thunder Mountain area of the Payette National Forest (includ- tion 4(i)(1)(C) of the Land and Water Con- It seems to me it would be an appro- ing patented claims and land that are en- servation Fund Act of 1965 (16 U.S.C. 460l– priate investment of these dollars to be cumbered by unpatented claims or pre- 6a(i)(1)(C)) shall be applied and administered invested through the programs of the viously appropriated funds under this sec- as if section 813(a) of the Federal Lands Land and Water Conservation Fund. tion, or otherwise relinquished by a private Recreation Enhancement Act (16 U.S.C. Again, we may be talking more about party) are withdrawn from mineral entry or 6812(a)) (and the amendments made by that appropriation under Federal mining laws, section) had not been enacted. this in the days ahead, but the Land (d) This section and the amendments made and Water Conservation Fund has had and from leasing claims under Federal mineral and geothermal leasing laws.’’. by this section take effect on December 8, an exemplary record in the contribu- 2004. tions it has made to preserve our water Mr. BURNS. Mr. President, I ask unanimous consent that the amend- Mr. BURNS. Mr. President, I ask and our air and our land. I think this unanimous consent that the amend- amendment will be helpful for us as we ment be set aside. The PRESIDING OFFICER. Without ment be set aside. work on that agenda at a national The PRESIDING OFFICER. Without objection, it is so ordered. level. objection, it is so ordered. AMENDMENT NO. 1042 Mr. President, I yield the floor. AMENDMENT NO. 1012 The PRESIDING OFFICER. The Sen- Mr. BURNS. Mr. President, I send to Mr. BURNS. Mr. President, I call up ator from Montana. the desk an amendment offered by Sen- amendment No. 1012 offered by Senator ator WARNER of Virginia regarding the AMENDMENT NO. 1040 ENSIGN regarding the sale of certain National Park Service. Mr. BURNS. Mr. President, I send to lands in Nevada. The PRESIDING OFFICER. The the desk an amendment offered by Sen- The PRESIDING OFFICER. The clerk will report. ator BOND regarding the U.S. Geologi- clerk will report. The assistant legislative clerk read cal Survey. The assistant legislative clerk read as follows: The PRESIDING OFFICER. Without as follows: The Senator from Montana [Mr. BURNS] for objection, the pending amendments are The Senator from Montana [Mr. BURNS], Mr. WARNER, proposes an amendment num- for Mr. ENSIGN, proposes an amendment set aside. The clerk will report the bered 1042. amendment. numbered 1012. Mr. BURNS. Mr. President, I ask The assistant legislative clerk read Mr. BURNS. Mr. President, I ask unanimous consent that reading of the as follows: unanimous consent that reading of the amendment be dispensed with. amendment be dispensed with. The Senator from Montana [Mr. BURNS], The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without for Mr. BOND, proposes an amendment num- objection, it is so ordered. bered 1040. objection, it is so ordered. The amendment is as follows: The amendment is as follows: Mr. BURNS. Mr. President, I ask (Purpose: To set aside funds for the replace- (Purpose: To provide for the conveyance of unanimous consent that reading of the ment of the main gate facility at the Wolf certain Bureau of Land Management land amendment be dispensed with. Trap National Park for the Performing in the State of Nevada to the Las Vegas The PRESIDING OFFICER. Without Arts, Virginia) Motor Speedway) objection, it is so ordered. On page 149, line 7, after ‘‘acquisitions,’’, On page 254, after line 25, add the fol- The amendment is as follows: insert the following: ‘‘of which $4,285,000 lowing:

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7413 SEC. 4lll. (a) In this section: ENSIGN regarding structures at Lake On page 130, line 24, strike ‘‘766,564,000’’ and (1) The term ‘‘Federal land’’ means the ap- Tahoe. insert ‘‘777,013,000’’. proximately 115 acres of Bureau of Land The PRESIDING OFFICER. The AMENDMENT NO. 1019 Management land identified on the map as clerk will report. (Purpose: To transfer funding to the Special ‘‘Lands identified for Las Vegas Speedway Diabetes Program for Indians and the Al- Parking Lot Expansion’’. The assistant legislative clerk read (2) The term ‘‘map’’ means the map enti- as follows: cohol and Substance Abuse Program within the Indian Health Service from funding tled ‘‘Las Vegas Motor Speedway Improve- The Senator from Montana [Mr. BURNS], for federal land acquisition) ment Act’’, dated February 4, 2005, and on for Mr. ENSIGN, proposes an amendment file in the Office of the Director of the Bu- numbered 1033. On page 133, strike lines 16 through 22. On page 139, line 24, strike ‘‘40,827,000’’ and reau of Land Management. Mr. BURNS. Mr. President, I ask (3) The term ‘‘Secretary’’ means the Sec- insert ‘‘8,827,000’’ . retary of the Interior. unanimous consent that reading of the On page 150, line 22, strike ‘‘86,005,000’’ and (b)(1) If, not later than 30 days after the amendment be dispensed with. insert ‘‘54,005,000’’. date of completion of the appraisal required The PRESIDING OFFICER. Without On page 207, strike lines 4 through 12. under paragraph (2), Nevada Speedway, LLC, objection, it is so ordered. On page 216, strike ‘‘2,732,323,000’’ and in- submits to the Secretary an offer to acquire The amendment is as follows: sert ‘‘2,853,498,000’’ . the Federal land for the appraised value, not- (Purpose: To prohibit the use of funds for the At the appropriate place, insert the fol- withstanding the land use planning require- demolition of buildings at the Zephyr lowing: Provided further, That of the funds provided ments of section 202 and 203 of the Federal Shoals property, Lake Tahoe, Nevada) Land Policy and Management Act of 1976 (43 to the Indian Health Service, no less than On page 254, after line 25, add the fol- U.S.C. 1712, 1713), the Secretary shall, not $210,000,000 shall be made available for the lowing: later than 30 days after the date of the offer, Special Diabetes Program for Indians, and no SEC. 4lll. None of the funds made avail- convey to Nevada Speedway, LLC, the Fed- less than $200,248,000 shall be made available able to the Forest Service under this Act eral land, subject to valid existing rights. for the Alcohol and Substance Abuse Pro- shall be expended or obligated for the demo- (2)(A) Not later than 90 days after the date gram. lition of buildings at the Zephyr Shoals prop- of enactment of this Act, the Secretary shall erty, Lake Tahoe, Nevada. AMENDMENT NO. 1020 complete an appraisal of the Federal land. (Purpose: To express the Sense of the Senate (B) The appraisal under subparagraph (A) Mr. BURNS. Mr. President, I ask that any additional emergency supple- shall be conducted in accordance with— unanimous consent that the amend- mental appropriations should be offset (i) the Uniform Appraisal Standards for ment be set aside. with reductions in discretionary spending) Federal Land Acquisitions; and The PRESIDING OFFICER. Without At the appropriate place, insert the fol- (ii) the Uniform Standards of Professional objection, it is so ordered. Appraisal Practice. lowing: (C) All costs associated with the appraisal AMENDMENTS NOS. 1002, 1003, 1015, 1019, AND 1020 SEC. . (a) FINDINGS.—The Senate makes required under subparagraph (A) shall be Mr. BURNS. Mr. President, I ask the following findings: paid by Nevada Speedway, LLC. unanimous consent, on behalf of Sen- (1) The on-budget deficit for fiscal year 2005 is estimated to be $541 billion according to (c) Not later than 30 days after the date on ator COBURN of Oklahoma, to offer en which the Federal land is conveyed under the Congressional Budget Office. bloc amendments Nos. 1002, 1003, 1015, (2) Total publicly-held federal debt on subsection (b)(1), as a condition of the con- 1019, and 1020. veyance, Nevada Speedway, LLC, shall pay which the American taxpayer pays interest to the Secretary an amount equal to the ap- The PRESIDING OFFICER. Without is expected to reach $6 trillion by 2011 ac- praised value of the Federal land, as deter- objection, the clerk will report. cording to the Congressional Budget Office. mined under subsection (b)(2). The assistant legislative clerk read (3) The United States and its allies are cur- (d) As a condition of the conveyance, any as follows: rently engaged in a global war on terrorism. costs of the conveyance under subsection The Senator from Montana [Mr. BURNS], (b) SENSE OF THE SENATE.—It is the sense (b)(1) shall be paid by Nevada Speedway, for Mr. COBURN, proposes en bloc amend- of the Senate that: LLC. ments numbered 1002, 1003, 1015, 1019, and (1) The servicemen and women of the (e) If Nevada Speedway, LLC, or any subse- 1020. United States Armed Forces deserve the full quent owner of the Federal land conveyed support of the Senate as they seek to pre- under subsection (b)(1), uses the Federal land Mr. BURNS. Mr. President, I ask serve the safety and security of the Amer- for purposes other than a parking lot for the unanimous consent that reading of the ican people. Nevada Speedway, all right, title, and inter- amendment be dispensed with. (2) Activities relating to the defense of the est in and to the land (and any improve- The PRESIDING OFFICER. Without United States and the global war on terror ments to the land) shall revert to the United objection, it is so ordered. should be fully funded. States at the discretion of the Secretary. The amendments are as follows: (3) Activities relating to the defense of the (f) The Secretary shall deposit the proceeds United States and the global war on terror AMENDMENT NO. 1002 from the conveyance of Federal land under should not be underfunded in order to sup- subsection (b)(1) in accordance with section (Purpose: To reduce total appropriations in port increased federal spending on non-de- 4(e)(1) of the Southern Nevada Public Land the bill by 1.7 percent for the purpose of fense discretionary activities. Management Act of 1998 (112 Stat. 2345). fully funding the Department of Defense) (4) Any additional emergency supple- (g)(1) Except as provided in subsection At the appropriate place, insert the fol- mental appropriations should be offset with (b)(1) and subject to valid existing rights, the lowing: reductions in discretionary spending. Federal land is withdrawn from— SEC. . Notwithstanding any other provi- Mr. BURNS. Mr. President, I ask sion of this Act, each amount provided by (A) all forms of entry, appropriation, and unanimous consent that the amend- disposal under the public land laws; this Act is reduced by 1.7 percent. ments be set aside. (B) location, entry, and patent under the AMENDMENT NO. 1003 mining laws; and The PRESIDING OFFICER. Without (Purpose: To require conference report inclu- objection, it is so ordered. (C) operation of the mineral leasing, min- sion of limitations, directives, and ear- eral materials, and geothermal leasing laws. marks) Mr. BURNS. Mr. President, I suggest (2) The withdrawal of the Federal land At the appropriate place, insert the fol- the absence of a quorum. under paragraph (1) shall be in effect for the The PRESIDING OFFICER. The period beginning on the date of enactment of lowing: SEC. . Any limitation, directive, or ear- clerk will call the roll. this Act and ending on the earlier of— The assistant legislative clerk pro- (A) the date that is 2 years after the date marking contained in either the House or of enactment of this Act; or Senate report must also be included in the ceeded to call the roll. (B) the date of the completion of the con- conference report in order to be considered Mr. DORGAN. Mr. President, I ask veyance of Federal land under subsection as having been approved by both Houses of unanimous consent that the order for (b)(1). Congress. the quorum call be rescinded. Mr. BURNS. Mr. President, I ask AMENDMENT NO. 1015 The PRESIDING OFFICER. Without unanimous consent that the amend- (Purpose: To transfer funding to Wildland objection, it is so ordered. Fire Management from the National En- ment be set aside. AMENDMENT NO. 1043 dowment for the Arts and the National En- The PRESIDING OFFICER. Without dowment for the Humanities) Mr. DORGAN. Mr. President, I send objection, it is so ordered. On page 233, line 9, strike ‘‘126,264,000’’ and to the desk, on behalf of Senator FEIN- AMENDMENT NO. 1033 insert ‘‘121,264,000’’. GOLD, an amendment. Mr. BURNS. Mr. President, I call up On page 234, line 5, strike ‘‘127,605,000’’ and The PRESIDING OFFICER. The amendment No. 1033 offered by Senator insert ‘‘122,156,000’’ clerk will report.

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7414 CONGRESSIONAL RECORD — SENATE June 27, 2005 The assistant legislative clerk read (I) changes in the timeliness or quality of Mr. DORGAN. Mr. President, I ask as follows: the work provided by the new organization; unanimous consent that reading of the (II) changes in procedures of the Forest The Senator from North Dakota [Mr. DOR- amendment be dispensed with. Service necessitated by the new organiza- GAN], for Mr. FEINGOLD, proposes an amend- The PRESIDING OFFICER. Without ment numbered 1043. tion; (III) the assignment to employees or con- objection, it is so ordered. Mr. DORGAN. Mr. President, I ask tractors outside of the new organization of The amendment is as follows: unanimous consent that reading of the duties previously performed by the baseline (Purpose: To set aside funds for a brownfields amendment be dispensed with. organization; and assessment of the Fortuna Radar Site) The PRESIDING OFFICER. Without (IV) changes in the availability of per- On page 195, line 7, after ‘‘costs’’, insert the objection, it is so ordered. sonnel to perform high priority fire suppres- following: ‘‘, of which $200,000 shall be made The amendment is as follows: sion or other emergency response work on a available for a brownfields assessment of the (Purpose: To require the Government Ac- collateral basis; and Fortuna Radar Site’’. countability Office to conduct an audit of (vii) costs of maintaining and operating a AMENDMENT NO. 1046 the competitive sourcing program of the competitive sourcing infrastructure, includ- Mr. DORGAN. Mr. President, I ask Forest Service) ing office, salary, contractor, and travel costs associated with the Forest Service unanimous consent that the pending On page 249, line 19, before the period, in- Competitive Sourcing Office and the cost to amendment be set aside. sert the following: ‘‘conducted in accordance the Federal Government of Federal employ- The PRESIDING OFFICER. Without with generally accepted full cost accounting ees for the time for which the employees are objection, it is so ordered. principles’’. managing the program; On page 250, between lines 23 and 24, insert Mr. DORGAN. Mr. President, I send (C) recommendations on what accounting the following: an amendment to the desk on behalf of practices should be adopted by the Forest (e) AUDIT.—(1) In this subsection: Senator SARBANES and ask for its con- (A) The term ‘‘baseline organization’’ Service to improve accountability; sideration. means the organization performing the work (D) an evaluation of the comparative effi- The PRESIDING OFFICER. Without to be studied prior to initiation of a competi- ciencies of the Forest Service competitive sourcing and business process reengineering objection, the clerk will report. tive sourcing study under this section. The legislative clerk read as follows: (B) The term ‘‘new organization’’ means procedures; and The Senator from North Dakota [Mr. DOR- the private contractor, or the most efficient (E) an analysis of— GAN], for Mr. SARBANES, for himself, Mr. public agency, and associated management (i) the A–76 study that resulted in the in- ALLEN, Mr. WARNER, and Ms. MIKULSKI, pro- and oversight functions used at the conclu- formation services organization and the con- poses an amendment numbered 1046. sion of a competitive sourcing study under tinuing Federal Government activity; this section. (ii) the A–76 study of Region 5 fleet mainte- Mr. DORGAN. Mr. President, I ask (2) Not later than 180 days after the date of nance work that resulted in the transfer of unanimous consent that reading of the work to Serco; and enactment of this Act, the Comptroller Gen- amendment be dispensed with. eral of the United States shall conduct an (iii) the financial management improvement project, accomplished by means of The PRESIDING OFFICER. Without audit of the competitive sourcing program of objection, it is so ordered. the Forest Service. business process reengineering. (3) The audit shall include— Mr. DORGAN. Mr. President, I ask The amendment is as follows: (A) an analysis of the costs and benefits of unanimous consent that the pending (Purpose: To provide for a study of the feasi- the competitive sourcing initiative con- amendment be set aside. bility of designating the Captain John Smith Chesapeake National Historic ducted by the Forest Service; The PRESIDING OFFICER. Without (B) an analysis of existing procedures to Watertrail as a national historic trail) objection, it is so ordered. track (in accordance with full cost account- On page 254, after line 25, add the fol- ing principles) all costs required to calculate AMENDMENT NO. 1044 lowing: accurate savings or losses attributable to a Mr. DORGAN. Mr. President, I have SEC. 4lll. Section 5(c) of the National competitive sourcing study, and rec- an amendment on behalf of Senator Trails System Act (16 U.S.C. 1244(c)) is ommendations on how the existing proce- BYRD that I send to the desk. amended by adding at the end the following: dures can be improved, including all costs at- The PRESIDING OFFICER. Without ‘‘(43)(A) The Captain John Smith Chesa- tributable to developing, implementing, sup- objection, the clerk will report. peake National Historic Watertrail, a series porting, managing, monitoring, and report- of routes extending approximately 3000 miles ing on competitive sourcing (including per- The assistant legislative clerk read along the Chesapeake Bay and the tribu- sonnel, consultant, travel, and training costs as follows: taries of the Chesapeake Bay in the States of associated with program management), in- The Senator from North Dakota [Mr. DOR- Virginia, Maryland, Pennsylvania, and Dela- cluding— GAN], for Mr. BYRD, proposes an amendment ware and the District of Columbia that (i) costs incurred by the Forest Service be- numbered 1044. traces Captain John Smith’s voyages chart- fore initiation of the competitive sourcing Mr. DORGAN. Mr. President, I ask ing the land and waterways of the Chesa- study in performing the work to be studied unanimous consent that reading of the peake Bay and the tributaries of the Chesa- peake Bay. with the baseline organization; amendment be dispensed with. (ii) costs of performing the competitive ‘‘(B) The study shall be conducted in con- sourcing study, including— The PRESIDING OFFICER. Without sultation with Federal, State, regional, and (I) travel and per diem costs; objection, it is so ordered. local agencies and representatives of the pri- (II) training and communications costs; The amendment is as follows: vate sector, including the entities respon- (III) contractor costs; and (Purpose: To set aside funds for the White sible for administering— (IV) the cost to the Federal Government of Sulphur Springs Fish Hatchery) ‘‘(i) the Chesapeake Bay Gateways and Federal employees working on any aspect of On page 139, line 5, before the period insert Watertrails Network authorized under the the study or performing any work neces- the following: ‘‘: Provided further, That of the Chesapeake Bay Initiative Act of 1998 (16 sitated by the study; total amounts made available under this U.S.C. 461 note; Public Law 105–312); and (iii) costs of implementing the competitive heading, $350,000 shall be made available for ‘‘(ii) the Chesapeake Bay Program author- sourcing study results, including costs de- the mussel program at the White Sulphur ized under section 117 of the Federal Water scribed in clause (ii) and costs associated Springs National Fish Hatchery’’. Pollution Control Act (33 U.S.C. 1267).’’. with buyouts, transfers of station, and reduc- AMENDMENT NO. 1045 Mr. DORGAN. Mr. President, I sug- tions in force; Mr. DORGAN. I ask unanimous con- gest the absence of a quorum. (iv) ongoing operational costs of per- The PRESIDING OFFICER. The forming the work with the new organization sent that the amendment be set aside. employed as a result of competitive sourcing The PRESIDING OFFICER. Without clerk will call the roll. study, including any modifications to the objection, it is so ordered. The legislative clerk proceeded to contract or letter of obligation necessitated Mr. DORGAN. Mr. President, I send call the roll. by omissions in the statement of work of the to the desk an amendment by Senator Mr. BAUCUS. Mr. President, I ask solicitation; CONRAD and ask for its consideration. unanimous consent that the order for (v) costs associated with oversight and the quorum call be rescinded. maintenance of the contract or letter of obli- The PRESIDING OFFICER. Without objection, the clerk will report. The PRESIDING OFFICER. Without gation; objection, it is so ordered. (vi) savings realized or costs borne by the The legislative clerk read as follows: Forest Service that are not included under The Senator from North Dakota [Mr. DOR- EDUCATION clause (iv), including savings or costs due GAN], for Mr. CONRAD, proposes an amend- Mr. BAUCUS. Mr. President, in the to— ment numbered 1045. book of Isaiah, the prophet wrote,

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7415 ‘‘[M]y people have gone into captivity, The answer is not protectionism. We We need to ensure that children can because they have no knowledge.’’ cannot build a wall around America. come to school ready to learn. We need Francis Bacon wrote, ‘‘Knowledge We cannot lift the drawbridge and flood to ensure that children have modern itself is power.’’ a moat around our Country. and well-equipped schools. We need to And when H.G. Wells summed up his If American companies do not em- ensure that children have small class- history of the world, he concluded: ploy those willing workers at the es. And most importantly, we need to ‘‘Human history becomes more and Shanghai factory, companies from ensure that children have good teach- more a race between education and ca- Japan and Italy and China itself will. ers. tastrophe.’’ Then Japanese and Italian and Chinese In the next decade, America will need In the next two decades, America’s companies will sell products more to hire 2 million new teachers. One in history will become more and more a cheaply into America. And American five new teachers leave teaching within race for economic leadership. For more consumers will gladly buy those prod- three years. In urban schools, half of than a century, America’s economy has ucts at lower prices. American con- teachers leave the profession within 5 set the pace. We have led all competi- sumers will insist on buying those years. tors. Year after year, we have become products at lower prices. Nearly two out of five low-income used to winning the race. If America raises tariffs on goods children are taught by teachers with- But now, over our shoulder, we can made in China, then American con- out a college degree in their primary hear the footsteps of another runner. sumers will pay more for their cost of instructional field. Low-income stu- That competitor is China. And it is living than will people in other coun- dents are taught by more teacher’s gaining fast. tries. Americans will have less money aides than credentialed classroom If we wish not to go into economic to spend on other things that they teachers. Four out of five aides do not subservience, if we wish to maintain want, less money to spend on other have a 4-year college degree. our economic power, if we wish to things in America. The American econ- Columnist Tom Friedman wrote re- avert economic misfortune, the answer omy will be smaller, if America raises cently: is education. tariffs. We are heading into an age in which jobs America’s economic leadership has If America raises tariffs, then Amer- are likely to be invented and made obsolete been a remarkable achievement. We faster and faster. The chances of today’s col- ican businesses will pay more for their lege kids working in the same jobs for the Americans are just 4.6 percent of the industrial inputs than will businesses same companies for their whole careers are world’s people. More than a fifth of the in other countries. American busi- about zero. In such an age, the greatest sur- world’s people live in China. There are nesses will become less competitive, vival skill you can have is the ability to nearly 41⁄2 times as many Chinese as lose sales, and lose jobs. Once again, learn how to learn. The best way to learn there are Americans. the American economy will be smaller, how to learn is to love to learn, and the best Yet America produces 60 percent if America raises tariffs. way to love to learn is to have great teachers more goods and services than China. No, the answer to how America can who inspire. And the best way to ensure that we have teachers who inspire their students That is how Americans can enjoy one compete with that factory in Shanghai of the world’s foremost standards of is if we recognize and reward those who is not protectionism. clearly have done so. living. The average American’s share of The way that we can get paid $37,000 our economic output is $37,610 a year. We need to give good teachers the for our work—when Chinese workers recognition that they deserve. Fried- The average Chinese’s share of theirs is are willing to work for $2,000—is for $1,100 a year. man told how every year, Williams Col- Americans to add more value. Ameri- lege honors four high school teachers But from a slow start, China has cans earn more because we produce picked up the pace. Starting with Deng who made a difference. Every year, better. Americans produce smarter. members of its senior class nominate Xiaoping in the late 1970s, China began And that means that for us to remain to reform its economy. Deng was emi- their best high school teachers. A com- economic leaders of the world, Ameri- mittee at Williams then goes through nently practical, when it came to eco- cans need to stay smarter. We need to nomic philosophy. He said: ‘‘It doesn’t the nominations, does its own research, educate our children and our workers and chooses the four most inspiring matter whether the cat is black or so that American workers can add white, as long as it catches mice.’’ teachers. more value in an hour of work than Williams gives each of the teachers Today, you can find those capitalist workers in any other place in the $2,000, plus a $1,000 donation to the cats everywhere in China. world. teacher’s high school. And Williams Over the last two decades, China’s Knowledge will be economic power. flies the winners and their families to economy has been growing at an aver- Ensuring that we continue to have the college to honor them at gradua- age of 9.5 percent, nearly three times more knowledge than the Chinese will tion. as fast as America’s. And some project not be easy. China has worked on its Williams’s president, Morton that within 20 years, China’s could be- education system. Nine out of ten Chi- Schapiro, told Friedman: ‘‘We take come the world’s largest economy, end- nese can read. these teachers, who are not well coming more than a century of American It is very Chinese to take the long pensated and often underappreciated, leadership. view. More than 2,600 years ago, the and give them a great weekend.’’ You can see how they do it at an master Kuan Chung said: Said Shapiro: ‘‘Every time we do American or Japanese factory in If you plan for a year, plant a seed. If for this, one of the teachers says to me, Shanghai. You see rows and rows of 10 years, plant a tree. If for a hundred years, ‘This is one of the great weekends of hardworking workers, in colorful uni- teach the people. When you sow a seed once, my life.’ ’’ forms, at well-lit work stations. The you will reap a single harvest. When you It’s a great idea. company pays them about $2,000 a year, teach the people, you will reap a hundred Each of us can do our part. I have harvests. plus food and housing benefits. But started a program that will recognize that is good money in a country with We need to plant those seeds of edu- Montana teachers acknowledged for ex- an average income of $1,100 a year. The cation and tend those young saplings, cellence. This is something that all workers there want to keep their jobs. in our public schools. In 1835, the Su- Senators can do in their home States. And 200 million other workers stand preme Court Justice Joseph Story A little recognition can go a long way. ready to take their jobs if they do not. wrote: But if knowledge is power, then we The challenge for America in the dec- Every successive generation becomes a liv- must also devote the resources nec- ades to come will be: How can America ing memorial of our public schools, and a liv- essary to maintain that power. compete with that factory in Shang- ing example of their excellence. Columnist Matt Miller argues: ‘‘The hai? How can we get paid $37,000 a year Ensuring that our schools are a liv- answer is to think bigger.’’ He suggests or more to make goods and perform ing example of excellence will take that we make the best teachers mil- services, when there are Chinese work- more than just money. But ensuring lionaires by the time that they retire. ers willing to work hard for $2,000 a that our schools are a living example of Miller proposes a ‘‘grand bargain’’ year? excellence will take money, as well. where we raise salaries for teachers in

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7416 CONGRESSIONAL RECORD — SENATE June 27, 2005 poor schools by 50 percent. And in re- less review with shorter summer 60,000. And America trains only half as turn, teachers would agree to change breaks.’’ many engineers as Japan and Europe. their pay scale so that we could raise The Downtown school is popular, too. In a recent report, McKinsey Global the top performers and those in math More than 800 children are on a waiting Institute found that there are already and science another 50 percent. list to get into the school. twice as many young university- Miller, who used to work at the Of- Iowa law requires schools to provide trained professionals in low-wage coun- fice of Management and Budget, cal- a minimum of 180 instructional days a tries as in high-wage countries. China culates that his plan would cost about year. But the Downtown School teach- has twice as many young engineers as $30 billion a year. That would provide a es students for 192 days a year. They America. 7 percent increase in the nation’s K- are getting more learning in, every Engineers play a critical role in the through-12 spending. year. For Americans to stay smarter, development of new jobs and new in- I ask my colleagues: Why don’t we students should spend more of the dustries. We should increase scholar- invest $30 billion for top teachers, and school year in school. ships and loan forgiveness for engineer- pay for it by closing abusive tax shel- China’s increasing competitive ing students to entice more people to ters? strength is also fueled by its growing love to learn engineering. And we need to help students to learn population of college graduates. Last At that Shanghai factory, American math and science. Companies are mov- year, nearly 3 million Chinese entered and Japanese research and developing jobs offshore to China, India, and the workforce from 3- and 4-year col- ment stand behind many of the prod- Eastern Europe not only because work- leges and graduate programs. This is ucts being built. But ask the American ers there work for less, but also be- one-third more than the year before, or Japanese company their plans, and cause they are well educated in math and double the year before that. they will tell you that they plan to and science. America’s college system is the fin- move R&D work closer to the plant, Sadly, American high school stu- est in the world. And the work of the there in China. And Shanghai’s govern- dents now perform below most of the 21st century increasing demands good ment hopes to lure more R&D to town. world on international math and college education. But rising college Chinese business understands that in- science tests. Most have little interest costs increasingly bar Americans from novation is the source of American in pursuing scientific fields. Only 5.5 getting the college education for which value-added. And they want part of percent of the high school seniors who they are qualified. that action, too. We must make college affordable for took the college entrance exam in 2002 Clive Cookson reported in the Finan- all. We need to ensure that young planned to pursue an engineering de- cial Times about a bioscience park out- Americans are not discouraged from gree. We have to do more to encourage side Beijing. A firm there called obtaining post-secondary education be- students to love to learn math and CapitalBio is emerging as a world lead- cause of costs. Tuition costs have risen science. er in the new technology of biochips. considerably in recent years. And fed- And we need to help students to learn Biochips are cutting-edge devices that eral assistance programs have not kept geography and languages. Visit a pri- combine biotechnology and electronics pace. for biological testing and medical mary school in a middle-sized Chinese Pell Grants help to make college edu- city. Bright, enthusiastic children will diagnostics. The 4-year-old company is cation affordable for 5 million stu- already selling instruments to Amer- greet you in English. Chinese schools dents, a third of American undergradu- ican drug companies. are preparing students to compete in a ates. But students receive grants aver- Last month, CapitalBio entered into multinational, multilingual world aging just $2,500 a year, while the aver- a partnership with Affymetrix in Cali- economy. The coming generation of age annual cost of tuition at a public fornia, the world’s largest biochip pro- Chinese businesspeople will do business college in-state averages more than ducer. CapitalBio’s chief executive around the world. Americans need to $9,000 a year, and private college aver- said: ‘‘Affymetrix had never imagined broaden our linguistic and geographic ages more than $23,000 a year. The most that there was such a big research ef- abilities, or Chinese businesspeople that a student can get in Pell Grants is fort in biochips in China, working to will cut the deals before us. As our $4,050 a year. Expanding Pell Grants such a high standard.’’ former Colleague Bill Bradley said in would increase the ability of low-in- Dozens of similar examples exist. Al- 1988, ‘‘If we are going to lead the world, come young Americans to prepare for ready, several Asian countries boast of we have to know where it is.’’ the 21st century. such science and technology centers. And after school, almost 6 million As well, we should improve, consoli- They are following in Japan’s wake as latch-key children go without access to date, and expand the government’s edu- world-class centers for research and de- after-school learning opportunities. cation tax incentives to make them velopment. More than seven in ten mothers of chil- more effective. We could expand and Asia’s R&D investment and scientific dren under 18 are in the workforce. extend the deduction for tuition ex- output have both surged rapidly. Be- America can no longer afford a school penses. We could expand the Hope and tween 1998 and 2003, China’s research day based on 1950s family structures. Lifetime Learning credits. We could and development spending roughly tri- Quality after-school programs can both craft targeted incentives for students pled. keep children safe and improve aca- pursuing science and engineering ca- You can judge a scientific paper’s ef- demic achievement. We need to ensure reers. We could do more to make it pos- fect by how often other researchers that children have quality after-school sible for non-traditional students to cite it. The number of frequently-cited programs. obtain an education. There are many Chinese research papers has risen from Similarly, we continue to have a good options. just 21 in 1994 to 223 in 2003. And Chi- school year that reflects the harvest As with elementary school students, na’s contribution to the world’s sci- schedule of an agrarian economy that we need to help encourage college stu- entific journals has increased from less America long ago left behind. Long dents to learn the subjects needed in than half a percent in 1981 to more summer vacations mean reading levels the 21st century. than 5 percent in 2003. drop and other learning is lost. In 1975, America ranked third in the And Chinese researchers will do re- Schools like Des Moines’s Downtown world in the share of 24-year-olds who search for less cost. Newly-graduated School point to another way. They held a science or engineering degree. researchers in China generally earn have a six-week summer break. And By 2000, we had slipped to 15th. By 2004, about a quarter of what Americans do. that means less time to forget. Besides we were 17th. And in the future, the For more senior staff, salaries are usu- six weeks in the summer, students also Department of Labor projects that new ally at least half American salaries. have week-long breaks in October, Feb- jobs requiring science, engineering, and And in exceptional cases, they can ruary, and May. technical training will increase four sometimes exceed ours. Jan Drees, the principal of the Down- times faster than the average national Chinese scientists who have returned town School, says: ‘‘The research is be- job growth rate. after studying and working in the west coming more and more clear that stu- Last year, China produced 220,000 new are playing an important role. In Bei- dents retain more learning and need engineers, while America educated just jing, CapitalBio’s CEO said that he

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7417 ‘‘made a special effort at the beginning els of college declined for the first time But perhaps most importantly, to attract [Chinese expatriates] from in 30 years. America should seek to advance edu- abroad, with salary and stock options. Foreign students are increasingly cation not just to preserve our econ- We offered at least to match the sala- studying in Europe and elsewhere. omy, but also to preserve our freedom. ries that senior scientists were receiv- That is a terrible loss. It will affect our As Senator Daniel Webster said in a ing; the highest we offered was $120,000 economic health in the long-term. We speech in 1837, ‘‘On the diffusion of edu- a year,’’ he said. need to do a better job balancing secu- cation among the people rest the pres- So far, Asia has been able to make a rity and economic health. ervation and perpetuation of our free global mark only in a few new areas of America must not compromise on its institutions.’’ the life sciences where western exper- security needs in hosting foreign As Thomas Jefferson wrote in 1816, tise is not entrenched. Stem cell tech- businesspeople or foreign students. But ‘‘If a nation expects to be ignorant and nology is an example. South Korea, there must be ways to streamline visa free, in a state of civilization, it ex- China, Singapore, and India are racing procedures and otherwise lighten the pects what never was and never will ahead on stem cell research. Those burden. We need to make it easier for be.’’ countries accept human embryo re- foreigners to study and conduct busi- And as the Phrygian philosopher search in a way that the American gov- ness in America. Epictetus said, ‘‘Only the educated are ernment has not. We should support community col- free.’’ But America still has an advantage leges, and strengthen the link between And so, let us advance education to in innovation. And America also bene- them and the workforce. That will preserve our economic power. Let us advance education to win the fits from a risk-taking entrepreneurial allow schools to develop training programs relevant to jobs in the real race for economic leadership. culture. You can see it in the venture And most importantly, let us ad- world. That is a primary goal of the capital that funds companies spun out vance education to help preserve our Enzi-Baucus Higher Education Access, of American research laboratories or American democracy. universities. America’s capital mar- Affordability and Opportunity Act. Mr. President, I yield the floor. kets remain the envy of the world. And when American jobs are lost to The PRESIDING OFFICER. The Sen- We can help to maintain that edge in trade, we need to retrain people and ator from Arizona. innovation by supporting research. help them to get back into the work- Mr. KYL. Mr. President, I appreciate American universities and research in- force. The philosopher and educator the Senator from Arkansas allowing stitutes do much of the most innova- John Dewey said, ‘‘Education is not me to either call up or offer three spe- tive research in the world. preparation for life; education is life cific amendments. But over the last 20 years, Federal re- itself.’’ We can no longer afford to AMENDMENT NO. 1048 search funding in the physical sciences think of education as something just Mr. KYL. Mr. President, I call up, on and engineering has declined by nearly for the young. behalf of Senator SMITH, amendment a third as a share of the economy. We need to help displaced workers to No. 1048. We should reverse this trend and in- receive the retraining that they need The PRESIDING OFFICER. Without crease Federal spending on basic re- to succeed in a changing economy. objection, the clerk will report. search. The money we spend will come Jobs will change. We should help work- The legislative clerk read as follows: back to us many times over in the cre- ers to get the educational tools to The Senator from Arizona [Mr. KYL], for ation of new jobs in new industries change with those jobs. Mr. SMITH, proposes an amendment num- making products yet to be invented. That is why I joined with Senators bered 1048. We should support the National WYDEN and COLEMAN to introduce legis- Mr. KYL. Mr. President, I ask unani- Science Foundation. The NSF funds relation to expand Trade Adjustment As- mous consent that the reading of the search and education in science and en- sistance to service workers who lose amendment be dispensed with. gineering through a variety of success- their jobs because of trade. TAA is a The PRESIDING OFFICER. Without ful programs. It accounts for a fifth of vital means of helping displaced work- objection, it is so ordered. all Federal support to academic insti- ers get the education to change careers The amendment is as follows: tutions for basic research, a crucial en- and stay productive. (Purpose: To require the Secretary of Agri- gine of innovation. When Plato envisioned the ideal soci- culture to report to Congress on the reha- NSF funds have helped discover new ety in his work The Laws, he wrote of bilitation of the Biscuit Five area of southern Oregon) technologies that have led to multi-bil- the importance of education, through the course of life. He wrote: SEC.——. BISCUIT FIRE RECOVERY PROJECT, RE- lion dollar industries and millions of PORT. [N]owhere should education be dishonored, new jobs. NSF-funded work in the basic (a) Within 90 days of enactment of this as it is first among the noblest things for the sciences and engineering made possible Act, the Secretary of Agriculture shall sub- fiber optics, radar, wireless commu- best men. If it ever goes astray, and if it is mit to Congress a report regarding the reha- possible to set it right, everyone ought al- nication, nanotechnology, plant bilitation of the Biscuit Fire area in south- ways to do so as much as he can, throughout ern Oregon, including: genomics, magnetic resonance imag- the whole of life. ing, ultrasound, and the Internet. (1) the change in reforestation capabilities And so, through advancing edu- and costs between the date of the contain- Each year, the NSF helps fund over cation, America can compete with that ment of the Biscuit Fire and the completion 200,000 students, teachers, and re- factory in Shanghai. Through advanc- of the Biscuit Fire Recovery Project, as de- searchers. Many of them take their ing education, America can respond to tailed in the Record of Decision; NSF-supported work into industry. (2) the commercial value lost, as well as re- competition, without erecting harmful covered, of fire-killed timber within the Bis- They found start-up companies selling barriers to trade. And through advanc- new products and new technologies. cuit Fire area; and ing education, America can respond to (3) all actions included in the Record of De- In addition, we should make it easi- a growing China, without forcing con- cision for the Biscuit Fire Recovery Project, er—consistent with the requirements frontation with China. but forgone because of delay or funding of national security—for foreign stu- University of California economist shortfall. dents to study in America. America Brad DeLong wrote of the choice that AMENDMENT NO. 1049 has traditionally poached many of the we face in how we address the chal- Mr. KYL. Mr. President, I call up, on best and brightest students from lenge of China. He wrote: my behalf, amendment No. 1049. around the globe. Well over a third of The PRESIDING OFFICER. Without A world 60 years from now in which Chi- American science and engineering doc- nese schoolchildren are taught that the U.S. objection, the last amendment will be torate holders were born abroad. did what it could to speed their economic set aside. The clerk will report. Since 9/11, however, many students growth is a much safer world for my great- The legislative clerk read as follows: are having a difficult time getting grandchildren than a world in which Chinese The Senator from Arizona [Mr. KYL] pro- visas to study in America. In 2004, for- schoolchildren are taught that the U.S. did poses an amendment numbered 1049. eign applications to American grad- all it could to keep China poor. Mr. KYL. Mr. President, I ask unani- uate schools declined by 28 percent. En- Through advancing education, Amer- mous consent that the reading of the rollments of foreign students at all lev- ica can seek that safer world. amendment be dispensed with.

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7418 CONGRESSIONAL RECORD — SENATE June 27, 2005 The PRESIDING OFFICER. Without ‘‘(C) the Commonwealth of the Northern case is a brand new visitors center that objection, it is so ordered. Mariana Islands; will allow people to learn about not The amendment is as follows: ‘‘(D) the Federated States of Micronesia; only Little Rock Central High and the ‘‘(E) the Republic of the Marshall Islands; (Purpose: To provide certain earmarks for role it played in integration, but also ‘‘(F) the Republic of Palau; and State and tribal assistance grant funds) ‘‘(G) the United States Virgin Islands. learn about the civil rights movement On page 195, line 9, after the semicolon, in- ‘‘(4) STATES.— in general. sert the following: ‘‘$500,000 shall be for debt ‘‘(A) TARGET ALLOCATION.—Each State I remind my colleagues and others retirement for the State Water Pollution shall have a target allocation for a fiscal listening about the events that took Control Revolving Fund for the wastewater year, which— place at Little Rock Central High al- treatment plant in Safford, Arizona; ‘‘(i) in the case of a State for which the most 50 years ago. $3,000,000 shall be for the expansion of the needs survey percentage is less than 1.0 per- Little Rock Central High School was wastewater treatment plant in Lake Havasu cent, shall be 1.0 percent; and City, Arizona; $1,000,000 shall be for the ex- a place in 1957 where nine Black teen- ‘‘(ii) in the case of any other State, shall agers integrated the all-White Central pansion of the wastewater treatment plant be the most recent needs survey percentage. in Avondale, Arizona;’’. ‘‘(B) UNALLOCATED BALANCE.—Any High in Little Rock, testing the Brown AMENDMENT NO. 1050 unallocated balance of available funds shall v. Board of Education Supreme Court Mr. KYL. Mr. President, I ask that be allocated in equal parts to all States that, decision that ultimately ended legal the pending amendment be laid aside, in the most recent needs survey, report high- segregation in our schools in this Na- and I call up amendment No. 1050. er total needs both in absolute dollar terms tion. The PRESIDING OFFICER. Without and as a percentage of total United States To its credit, the Little Rock School needs.’’. objection, the clerk will report. Board took Brown v. Board of Edu- AMENDMENT NO. 1051 The legislative clerk read as follows: cation seriously. When the Supreme Mr. KYL. Mr. President, on behalf of The Senator from Arizona [Mr. KYL] pro- Court said ‘‘all deliberate speed,’’ they poses an amendment numbered 1050. Senator INHOFE, I send an amendment took that literally. They looked at to the desk. their calendars and thought: That deci- Mr. KYL. Mr. President, I ask unani- The PRESIDING OFFICER. Without mous consent that the reading of that sion came out in 1954. They probably objection, the clerk will report. thought they could not get it done in amendment be dispensed with. The legislative clerk read as follows: The PRESIDING OFFICER. Without 1955, probably not in 1956, but in the The Senator from Arizona [Mr. KYL], for fall of 1957, they made the determina- objection, it is so ordered. Mr. INHOFE, proposes an amendment num- The amendment is as follows: tion that they could have the high bered 1051. school in Little Rock ready to inte- (Purpose: To modify the formula for the al- Mr. KYL. Mr. President, I ask unani- lotment of grants to States for the estab- grate. mous consent that the reading of that As these nine teenagers attempted to lishment of State water pollution control amendment be dispensed with. revolving funds) enter the doors of Central High School, The PRESIDING OFFICER. Without they were confronted with an angry, On page 254, after line 25, add the fol- objection, it is so ordered. lowing: rampaging mob. President Eisenhower The amendment is as follows: SEC. 4lll. Section 604 of the Federal was forced to order Federal troops to Water Pollution Control Act (33 U.S.C. 1384) (Purpose: To encourage competition in as- Little Rock to end the brutal intimida- is amended— sistance agreements awarded by the Envi- tion campaign mounted against the ronmental Protection Agency) (1) by redesignating subsections (b) and (c) Black children and to uphold the as subsections (c) and (d), respectively; and On page 200, after line 2, add the following: Brown decision. (2) by striking subsection (a) and inserting SEC. . The Little Rock Nine—Ernest Green, the following: None of the funds made available by this ‘‘(a) DEFINITIONS.—In this subsection: Act may be used by the Administrator of the Elizabeth Eckford, Gloria Ray ‘‘(1) NEEDS SURVEY.—The term ‘needs sur- Environmental Protection Agency to award Karlmark, Carlotta Walls LaNier, vey’ means a need survey under section assistance agreements to national organiza- Minnijean Brown Trickey, Terrence 516(2). tions that represent the interests of State, Roberts, Jefferson Thomas, Thelma ‘‘(2) NEEDS SURVEY PERCENTAGE.—The term tribal, and local governments unless the Mothershed Wair, and Melba Pattillo ‘needs survey percentage’, with respect to a award is subject to open competition. Beals—changed the course of American State, means the percentage applicable to Mr. KYL. Mr. President, I yield the history by claiming the right to re- the State under a formula for the allotment ceive an equal education. of funds made available to carry out this sec- floor. tion for a fiscal year to States in amounts The PRESIDING OFFICER. The Sen- I must not let the moment pass with- determined by the Administrator, based on ator from Arkansas. out mentioning the amazing courage the ratio that— Mr. PRYOR. Mr. President, I rise exhibited by Daisy Bates of Little ‘‘(A) the needs of a State described in cat- today to thank the chairman, Senator Rock who was a civil rights leader and, egories I through VII of the most recent CONRAD BURNS, and the ranking mem- by all accounts, was a key person in needs survey; bears to ber, Senator BYRON DORGAN, of the Ap- making equal education a reality in ‘‘(B) the needs of all States described in propriations Subcommittee on the In- Arkansas and also in the Nation. categories I through VII of the most recent terior for their support of a project Little Rock Central High School Mu- needs survey. that is most important to me: the Na- seum and Visitors Center will provide ‘‘(3) STATE.—The term ‘State’ means— ‘‘(A) a State; tional Park Service’s Little Rock Cen- America with an understanding of the ‘‘(B) the District of Columbia; and tral High School Museum and Visitors events of 1957 and 1958, the broader ‘‘(C) the Commonwealth of Puerto Rico. Center. civil rights movement, and how the ‘‘(b) ALLOCATIONS.— Due to Senator BURNS’ and Senator bravery of the Little Rock Nine still ‘‘(1) IN GENERAL.—Funds made available to DORGAN’s ongoing efforts, the new Lit- influences life in the 21st century. It carry out this section for a fiscal year shall tle Rock Central High Museum and will teach our youth that nine young be allocated by the Administrator in accord- Visitors Center is back on track to be high school students proved that all ance with this subsection. built for the 50th anniversary of the men are created equal and that the ‘‘(2) INDIAN TRIBES.—Of the total amount of funds available for a fiscal year, the Admin- 1957–1958 Little Rock desegregation cri- rule of law is paramount in the democ- istrator shall reserve, before making allot- sis. I thank the subcommittee staff, racy of the United States. It will re- ments to States under paragraph (4), not less Bruce Evans and Peter Kiefhaber, for mind the world that children all over than 1.5 percent of the funds to be allocated their help as well in making this America have the right to learn be- to Indian tribes (within the meaning of sec- project a reality. cause of the courage and the sacrifice tion 518(c)). This is important because in Sep- of the Little Rock Nine. ‘‘(3) CERTAIN TERRITORIES AND FREELY AS- tember of 2007, it is anticipated that we We have been racing against time to SOCIATED STATES.—Of the total amount of will have a very large 50th anniversary secure the funds to build the center in funds made available for a fiscal year, 0.25 percent shall be allocated to and among, as commemoration and celebration of the time for the 50th anniversary of the determined by the Administrator— Little Rock Central High School deseg- crisis. On June 9 of this year, I had the ‘‘(A) Guam; regation crisis. Hopefully, one of the privilege of having a conference call ‘‘(B) American Samoa; things that we will have there to show- with eight of the nine. By the way, all

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7419 nine are still living. I had the privilege Public Television in North Dakota. troops, men and women, have been of having a conference call with eight They did an interview with the judge’s killed in Iraq; 194 have been killed in of the nine and reporting news that family. It talked about when Judge Afghanistan and elsewhere. The toll of Senator BURNS and Senator DORGAN Davis and Governor Faubus were dead- these wars is also borne by those men had provided the crucial $5.1 million locked and the nine students were still and women who carry the scars of bat- for the Central High center in this not in school. There was an injunction tle. year’s bill. that had been ordered. In Iraq, more than 13,000 troops have The joy expressed by the Little Rock On September 20th, Davies ruled that been wounded. In Afghanistan, 476 Nine made me once again reflect on Faubus used the National Guard to prevent troops have shed their blood in service their acts of courage and heroism. integration, not to prevent violence, and the to our country. The American people Their gratitude made me reflect on governor was forced to withdraw the troops. thank these servicemembers for their their continuing self-sacrifice and the The situation was now in the hands of the Little Rock Police Department. sacrifice. However, late last week, Con- importance of our—the Senate’s—sup- gress learned that the Department of port to share their story with our cur- There was a mob of a thousand people outside Central High School when those young Veterans Affairs has been shortchanged rent generation and generations to fol- students were ushered in. Everyone will rein its mission to provide medical care low. call the Norman Rockwell portrait of a to these warriors and all of the other In the words of Minnijean Brown young Black schoolgirl in pigtails and knee men and women who have served in Trickey, the funds in this bill are ‘‘an socks holding the hand of a U.S. Marshal time of war before them. affirmation of a very beautiful and walking into the Little Rock public school. Now, this is a shame. This is a sham. tragic story.’’ The crowd learned the students were Carlotta Walls LaNier said: If our Nation owes just one thing to all inside, and out of fear for their safety, of those men and women who have With this museum, visitors will remember the police then evacuated them. Presi- the events of 1957, but more importantly un- risked their lives in answer to our dent Eisenhower issued a special proc- country’s call, it surely must be, in the derstand the difference individuals can make lamation that evening, calling for opin promoting equal rights and tolerance. words of Abraham Lincoln, ‘‘to care for ponents of integration to ‘‘cease and On behalf of Little Rock Nine, the him who shall have borne the battle.’’ desist.’’ Arkansas delegation, and the Nation, I It is a shock that the administration express my deepest gratitude for the . . . The next morning, Little Rock’s mayor has only now revealed it has not budg- sent the president a telegram asking him to support of Little Rock Central High send troops to maintain order. eted the funds to fulfill this mission. I School Museum and Visitors Center. I offer an amendment this afternoon on President Eisenhower sent 10,000 Ar- thank my colleagues for ensuring that behalf of Senator PATTY MURRAY, my- kansas National Guard and 1,000 mem- these extraordinary achievements are self, and Senator FEINSTEIN to provide bers of the 101st Airborne. Those young recorded and shared for a better Amer- $1.42 billion in emergency funds to ad- students the next day, under heavy ica. dress the shortfall in health care funds guard with substantial military around The PRESIDING OFFICER. The Sen- for the Department of Veterans Affairs. the city, entered Little Rock Central ator from North Dakota. Of this figure, $600 million would be High School. Mr. DORGAN. Mr. President, while used to reimburse VA construction ac- the Senator from Arkansas is on the I tell my colleague that only to say that Judge Ronald Davies, this Federal counts that have been raided to pay for floor, I want to mention to him how health care costs. Another $400 million pleased I was to play a very small role judge from North Dakota, played a very pivotal role in making that day would be used to reimburse other ac- in getting funding for this and give him counts that have been raided for the a little background of why I have had happen with his ruling and paid quite a price for it at the time, with threats on same purpose. a special interest in this. Finally, an additional $420 million is One of the more inspirational things his life and anger about what he had included to compensate each Veterans I ever attended was in the East Room done. and Integrated Service Network, or at the White House, perhaps some 5 But 45 years after that Little Rock VISN, for the additional expenses in- years ago, an event at which President day, sitting in that room with now curred because of the high caseload of Clinton had invited the Little Rock middle-aged African Americans, to un- wounded veterans. This $1.42 billion is Nine. There they sat, these nine people, derstand the courage it must have urgently needed and the Senate must on a riser in the East Room of the taken not just for them, especially White House as part of a celebration of them, but their parents, that they not delay in providing the funds that the 45th anniversary of when those forced this issue, not just on behalf of are required to allow our veterans to then-nine young children marched into these students but on behalf of all in see their physicians at the Department the Little Rock school and integrated this country who were similarly situ- of Veterans Affairs. the Little Rock school. ated and similarly mistreated. I could Earlier this year, the Senate rejected That integration was ordered by not feel more strongly and feel more on a nearly party-line vote an amend- Judge Ronald Davies of North Dakota. inspired about what this center will ment to the Iraq supplemental appro- He was a Federal judge who was from mean to those nine, to both Senators priations bill to add funding to VA the Fargo Federal district in North Da- from Arkansas, but also to the rel- health care. The administration told kota who traveled to Little Rock, AR, atives of Judge Davies and so many Congress additional funds were not and issued the landmark ruling that re- others who had a role in making this needed to care for our Nation’s vet- sulted in the integration of that event happen that has literally erans. We now know this claim was school. changed the lives of a good many wrong. According to the estimate pro- I was privileged to name a court- Americans. vided to Congress by the Department of house, in legislation, after Judge Ron- I heard the Senator speak and want- Veterans Affairs, VA funding is short ald Davies about 5 years ago because I ed to acknowledge his appreciation and $1 billion this year. Congress must act wanted North Dakotans to long re- say that we are the ones really who ap- to care for our veterans. When it comes member this man. He was a short fel- preciate the opportunity to do this. to our veterans health care, half a loaf low, 5 foot 2, perhaps. He strutted Mr. PRYOR. I thank the Senator. I is not good enough. around with great flair, but was a re- thank the Chair. Some may argue against this amend- markable Federal judge by all accounts The PRESIDING OFFICER. The Sen- ment by urging the Senate to wait for and issued a courageous decision. He ator from West Virginia. the administration’s plan. However, ac- was, in fact, required to have security AMENDMENT NO. 1052 cording to VA testimony before the because of threats on his life when he Mr. BYRD. Mr. President, our coun- House of Representatives last week, issued the landmark civil rights deci- try is now involved in two wars—not the administration intends to respond sion that required the integration of one, two wars; one in Afghanistan and to the shortfall on the cheap by rob- that school. the other in Iraq. Each day we read in bing Peter to pay Paul. We have al- With respect to the story, I want to the newspapers about the human toll ready waited too long for the adminis- read a couple paragraphs from Prairie this nation is paying. As of today, 1,730 tration to recognize the needs of our

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It is a legacy that demonstrates amendment offered by me on behalf of committee’s allocation, would supple- that human problems, no matter how Mrs. MURRAY, for herself, myself, and ment the approximately $42 million big or complex, can be addressed—a Mrs. FEINSTEIN. that has already been raised and stands legacy that proves that one determined The PRESIDING OFFICER. Without as a solid foundation to help make this person can help make a difference. objection, the amendment is set aside. memorial a reality. The clerk will report. I have come to appreciate how Mar- Amid all his successes and triumphs, The legislative clerk read as follows: tin Luther King, Jr., sought to help our and all of his personal accomplish- The Senator from West Virginia [Mr. Nation overcome racial barriers, big- ments, including receiving the Noble BYRD] for Mrs. MURRAY, for herself, Mr. otry, hatred, and injustice, and how he Peace Prize, Dr. King always kept his BYRD, and Mrs. FEINSTEIN, proposes an helped to inspire and guide a most im- perspective. The night before he was amendment numbered 1052. portant, most powerful, and most assassinated, he explained: ‘‘I just want Mr. BYRD. Mr. President, I ask unan- transforming social movement. to do God’s will.’’ What a powerful imous consent that the reading of the Despite the hatred and the bigotry he statement this was: ‘‘I just wanted to amendment be dispensed with. encountered in his efforts, Dr. King do God’s will.’’ What an inspiration it The PRESIDING OFFICER. Without never allowed his movement to be re- should be to all of us: ‘‘To do God’s objection, it is so ordered. duced to a simple racial conflict. He will.’’ The amendment is as follows: stressed on more than one occasion, Criticized, denounced, and opposed in (Purpose: Making emergency supplemental that the struggle was not one between his own time, Martin Luther King has appropriations for the fiscal year ending people of different colors. Rather, Dr. become not only an American icon, but September 30, 2005, for the Veterans Health Administration) King believed that his fight was a fight also an international symbol of social justice, and one of recent history’s On page 254, after line 25, add the fol- ‘‘between justice and injustice, be- lowing: tween the forces of light and the forces most beloved champions of freedom. SEC. 429.(a) From any money in the Treas- of darkness.’’ Mr. President, we have named a Na- ury not otherwise obligated or appropriated, His vision and his movement in- tional Holiday in his honor. It is just there are appropriated to the Department of cluded all Americans. I remind my col- and proper that we now place a memo- Veterans Affairs $1,420,000,000 for the fiscal leagues, and all Americans, that when rial on The Mall of the Nation’s Capital year ending September 30, 2005, for medical Martin Luther King stood on the steps as a visible and tangible symbol of the services provided by the Veterans Health Ad- of the Lincoln Memorial and pro- ministration, of which $420,000,000 shall be thanks of a grateful nation. Martin Lu- divided evenly between the Veterans Inte- claimed that he had ‘‘a dream,’’ he ther King taught us tolerance. How we grated Service Networks. pointed out that he also looked forward need such teachings today. May his (b) The amount appropriated under sub- to the time ‘‘when all of God’s chil- life, his legacy, and someday soon, his section (a)— dren, black men and white men, Jews memorial ever remind us of his vision. (1) is designated as an emergency require- and Gentiles, Protestants and Catho- I am about to offer an amendment, ment pursuant to section 402 of H. Con. Res. lics, will be able to join hands.’’ and Senator COCHRAN, the illustrious 95 (109th Congress); and I remind my colleagues that Dr. chairman of the Appropriations Com- (2) shall remain available until expended. King’s efforts also focused on the eco- (c) This section shall take effect on the mittee in the Senate, is the principal nomic rights of economically deprived date of enactment of this Act. cosponsor of the amendment that I will people of all races and creeds, as well AMENDMENT NO. 1053 offer, so it is bipartisan. I thank Sen- as on the civil rights of African Ameri- (Purpose: To provide funds for the memorial ator COCHRAN, and I hope that many cans. In this quest, he proposed a Bill to Martin Luther King, Jr.) other Senators will join us in this ef- of Rights for the Disadvantaged. He ad- Mr. BYRD. Mr. President, the great- fort to honor Dr. King. vocated a guaranteed national income. ness of women and men is often best Mr. President, I ask unanimous con- judged from an historical perspective. At the time of his death, Dr. King was organizing a ‘‘Poor Peoples March’’ on sent that the pending amendment or History gives us the detached perspec- amendments be set aside. tive that allows us to better under- Washington, an effort meant to focus stand and appreciate the person, the national attention on poverty among The PRESIDING OFFICER. Without cause, and the legacy. not only African-Americans, but objection, it is so ordered. This happens because great individ- among the poor whites of Appalachia, Mr. BYRD. That I may offer this uals often have been leaders who chal- as well. amendment on behalf of myself and lenged the status quo as they pushed Dr. King’s vision was not only about Senator COCHRAN. I send the amend- the country into areas where it had what America could be, but what ment to the desk. feared to go. As a result, such leaders America should be. With the passage of time, we have The PRESIDING OFFICER. The often arouse criticism and opposition. clerk will report the amendment. The Revered Dr. Martin Luther King come to learn that his dream was the The legislative clerk read as follows: certainly was a controversial figure in American dream, and few ever ex- his own time. pressed it more eloquently. The Senator from West Virginia [Mr. Black power advocates attacked him Dr. King touched the conscience of a BYRD], for himself and Mr. COCHRAN, pro- for moving too slowly, while more than Nation, and forced us, as a country, to poses an amendment numbered 1053: one presidential administration at- confront our contradictions. How could On page 189, after line 20, add the fol- tacked him for moving too swiftly. the United States present itself as the lowing: The NAACP criticized his take-to- leader of the free world, he asked, SEC. 128. (a) For necessary expenses for the the-streets tactics. while denying equality and equal op- Memorial to Martin Luther King, Jr., there Civil rights leaders broke with Dr. portunity to a large segment of our is hereby made available to the Secretary of King because of his opposition to the own people? In his book, ‘‘Where Do We the Interior $10,000,000, to remain available Go from Here,’’ Dr. King asked why 40 until expended, for activities authorized by Vietnam War. section 508 of the Omnibus Parks and Public I certainly had my share of dif- million Americans were living in pov- Lands Management Act of 1996 (40 U.S.C. 8903 ferences with Reverend King—a lot of erty in ‘‘a nation overflowing with un- note; Public Law 104–333). them. We were both products of our believable affluence.’’ Writing of the (b) Section 508( c) of the Omnibus Parks times, and both of us were doing what destructive effects of militarism, he and Public Lands Management Act of 1996 (40 we believed was right. asked: ‘‘Why [has] our nation placed U.S.C. 8903 note; Public Law 104–333) is But time and the march of history af- itself in the position of being God’s amended by striking the second sentence. ford a better understanding of Dr. King military agent on earth?’’ ‘‘Why have (c) Notwithstanding any other provision of and his contributions toward making we substituted the arrogant under- this Act, the amount reduced in Title I in

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the second proviso under the heading Depart- AMENDMENT NO. 1057 (C) to attend religious services related to a mental Management, Salaries and Expenses, (Purpose: To extend the Forest Service funeral or a burial of, a member of the per- is further reduced by $10,000,000. conveyances pilot program) son’s immediate family. Mr. BYRD. Mr. President, I thank Beginning on page 255, strike line 1 and all Mr. DORGAN. Mr. President, I make the Chair. I thank the clerk, and I that follows through page 263, line 22, and in- a point of order that a quorum is not thank our distinguished chairman of sert the following: present. the Senate Appropriations Committee, SEC. 4lll. Section 329 of the Department The PRESIDING OFFICER. The of the Interior and Related Agencies Appro- Senator COCHRAN. clerk will call the roll. Now I ask unanimous consent that priations Act, 2002 (16 U.S.C. 580d note; Pub- The assistant legislative clerk pro- lic Law 107–63) is amended— Senator KERRY be added as a cosponsor (1) in subsection (b), by striking ‘‘40 sites’’ ceeded to call the roll. on the veterans amendment. and inserting ‘‘60 sites’’; Mr. DORGAN. I ask unanimous con- The PRESIDING OFFICER. Without (2) in subsection (c), by striking ‘‘13 sites’’ sent that the order for the quorum call objection, it is so ordered. and inserting ‘‘25 sites’’; and be rescinded. Mr. BYRD. Mr. President, I yield the (3) in subsection (d), by striking ‘‘2008’’ and The PRESIDING OFFICER. Without floor. I thank all Senators. inserting ‘‘2009’’. objection, it is so ordered. AMENDMENTS NOS. 1054, 1055, 1056, 1057, AND 1058, AMENDMENT NO. 1058 Mr. DORGAN. Mr. President, I ask EN BLOC (Purpose: To provide a substitute for title V) unanimous consent that the pending Mr. DORGAN. Mr. President, let me (The amendment is printed in today’s amendment be set aside. send the amendments to the desk. I RECORD, under ‘‘Text of Amend- The PRESIDING OFFICER. Without have five amendments that I submit on ments.’’) objection, it is so ordered. behalf of Senator BINGAMAN. Let me Mr. DORGAN. Mr. President, I ask AMENDMENT NO. 1060 ask first that the pending amendment unanimous consent that the pending Mr. DORGAN. I offer an amendment be set aside by consent. amendment be set aside. on behalf of Senator LANDRIEU and ask The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without for its immediate consideration. objection, it is so ordered. objection, it is so ordered. The PRESIDING OFFICER. The Mr. DORGAN. Let me by consent AMENDMENT NO. 1059 clerk will report. submit five amendments and ask that Mr. DORGAN. Mr. President, I sub- The legislative clerk read as follows: they be numbered separately and sepa- mit the following notice in writing: In The Senator from North Dakota [Mr. DOR- rately considered on behalf of Senator accordance with rule V of the Standing GAN], for Ms. LANDRIEU, proposes an amendment numbered 1060. BINGAMAN. Rules of the Senate, I hereby give no- The PRESIDING OFFICER. Without tice in writing that it is my intention Mr. DORGAN. I ask unanimous con- objection, the clerk will report the to move to suspend paragraph 4 of rule sent to dispense with the reading of the amendments. XVI for the purpose of proposing to the amendment. The PRESIDING OFFICER. Without The assistant legislative clerk read bill H.R. 2361 amendment No. 1059. as follows: Mr. DORGAN. Mr. President, I send objection, it is so ordered. The amendment is as follows: The Senator from North Dakota [Mr. DOR- an amendment to the desk on behalf of GAN], for Mr. BINGAMAN, proposes en bloc myself and ask for its consideration. Page 147, line 25 strike $72,500,000 and in- amendments numbered 1054, 1055, 1056, 1057, sert $67,000,000. and 1058. The PRESIDING OFFICER. The Page 148, line 1 after 2007, insert ‘‘of which clerk will report the amendment. Mr. DORGAN. Mr. President, I ask $3,500,000 is for Historically Black Colleges The legislative clerk read as follows: unanimous consent that reading of the and Universities. Page 172 line 4 strike $10,000,000 and insert amendments be dispensed with. The Senator from North Dakota [Mr. DOR- GAN] proposes an amendment numbered 1059. $13,500,000. The PRESIDING OFFICER. Without Mr. DORGAN. I ask unanimous con- objection, it is so ordered. Mr. DORGAN. I ask unanimous con- The amendments are as follows: sent that reading of the amendment be sent the pending amendment be set aside. AMENDMENT NO. 1054 dispensed with. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without (Purpose: To set aside additional amounts objection, it is so ordered. for Youth Conservation Corps projects) objection, it is so ordered. AMENDMENTS NOS. 1061 AND 1062, EN BLOC On page 130, line 2, strike ‘‘$1,000,000’’ and The amendment is as follows: insert ‘‘$1,250,000’’. (Purpose: To facilitate family travel to Cuba Mr. DORGAN. I send to the desk two On page 138, line 7, strike ‘‘$2,000,000’’ and in humanitarian circumstances) amendments I offer on behalf of Sen- insert ‘‘$2,500,000’’. SEC.——. FAMILY TRAVEL TO CUBA IN HUMANI- ator OBAMA and ask for their consider- On page 146, line 19, strike ‘‘$1,937,000’’ and TARIAN CIRCUMSTANCES. ation. insert ‘‘$2,500,000’’. (a) IN GENERAL.—Notwithstanding any The PRESIDING OFFICER. The On page 211, line 25, strike ‘‘$2,000,000’’ and other provision of law, the Secretary of the clerk will report. insert ‘‘$2,500,000’’. Treasury shall issue a general license for The legislative clerk read as follows: AMENDMENT NO. 1055 travel to, from, or within Cuba to any person The Senator from North Dakota [Mr. DOR- subject to the jurisdiction of the United (Purpose: To provide for the consideration of GAN], for Mr. OBAMA, proposes amendments States (and any member of the person’s im- the effect of competitive sourcing on numbered 1061 and 1062, en bloc. wildland fire management activities) mediate family) for the purpose of visiting a Mr. DORGAN. I ask unanimous con- On page 250, between lines 23 and 24, insert member of the person’s immediate family for the following: humanitarian reasons. sent the reading of the amendments be (e) In carrying out any competitive (b) DEFINITIONS.—In this section: dispensed with. sourcing study involving Forest Service em- (1) MEMBER OF THE PERSON’S IMMEDIATE The PRESIDING OFFICER. Without ployees, the Secretary of Agriculture shall— FAMILY.—The term ‘‘member of the person’s objection, it is so ordered. (1) determine whether any of the employ- immediate family’’ means— The amendments are as follows: (A) the person’s spouse, child, grandchild, ees concerned are also qualified to partici- AMENDMENT NO. 1061 parent, grandparent, great-grandparent, pate in wildland fire management activities; At the appropriate place insert: and uncle, aunt, brother, sister, nephew, niece, first cousin, mother-in-law, father-in-law, SEC. ll. None of the funds made available (2) take into consideration and document in this Act may be used in contravention of the effect that contracting with a private son-in-law, daughter-in-law, sister-in-law, or brother-in-law; or 15 U.S.C.§ 2682(c)(3) or to delay the imple- sector source would have on the ability of mentation of that section. the Forest Service to effectively and effi- (B) the spouse, widow, or widower of any AMENDMENT NO. 1062 ciently fight and manage wildfires. relative described in subparagraph (A). (2) HUMANITARIAN REASONS.—The term ‘‘hu- At the appropriate place insert: AMENDMENT NO. 1056 manitarian reasons’’ means— Provided, That of the funds made available (Purpose: To strike the title providing for (A) to visit or care for a member of the per- under the heading ‘‘Environmental Programs the disposition of Forest Service land and son’s immediate family who is seriously ill, and Management,’’ not less than $100,000 the realignment of Forest Service facili- injured, or dying; shall be made available to issue the proposed ties) (B) to make funeral or burial arrangements rule required under 15 U.S.C. § 2682(c)(3) by Beginning on page 255, strike line 1 and all for a member of the person’s immediate fam- November 1,2005, and promulgate the final that follows through page 263, line 22. ily; rule

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required under 15 U.S.C. 2682(c)(3) by Sep- AMENDMENT NO. 1028 valid existing rights, all land and interests tember 30, 2006. (Purpose: To reinstate a provision relating in land acquired in the Thunder Mountain AMENDMENTS NOS. 1033, 1024, 1028, 1035, 1041, EN to National Parks with deed restrictions) area of the Payette National Forest (includ- BLOC On page 254, after line 25, add the fol- ing patented claims and land that are en- Mr. BURNS. Mr. President, we have lowing: cumbered by unpatented claims or pre- some amendments we can accept. I ask SEC. 4lll.(a) Section 813(a) of the Fed- viously appropriated funds under this sec- eral Lands Recreation Enhancement Act (16 unanimous consent that the amend- tion, or otherwise relinquished by a private U.S.C. 6812(a)) is amended by striking ‘‘and ment offered by Mr. ENSIGN, 1033; Mrs. (i)’’ and inserting ‘‘and (i) (except for para- party) are withdrawn from mineral entry or FEINSTEIN, 1024; the majority leader, graph (1)(C))’’. appropriation under Federal mining laws, Mr. FRIST, 1028; Mr. WYDEN, 1035; and (b) Section 4(i)(1)(C)(i) of the Land and and from leasing claims under Federal min- Mr. CRAIG’s amendment numbered 1041 Water Conservation Fund Act of 1965 (16 eral and geothermal leasing laws.’’. be called up, and I ask unanimous con- U.S.C. 460l–6a(i)(1)(C)(i)) is amended— sent they be agreed to en bloc. (1) by striking ‘‘Notwithstanding subpara- Mr. GREGG. Mr. President, the pend- Mr. DORGAN. The amendments have graph (A)’’ and all that follows through ‘‘or ing Department of Interior and Related been cleared on both sides. I support section 107’’ and inserting ‘‘Notwithstanding Agencies Appropriations Bill fiscal section 107’’; and their approval. year 2006, H.R. 2361, as reported by the The PRESIDING OFFICER. Without (2) by striking ‘‘account under subparagraph (A)’’ and inserting ‘‘account under sec- Senate Committee on Appropriations objection, it is so ordered. tion 807(a) of the Federal Lands Recreation provides $26.261 billion in budget au- The amendments were agreed to, as Enhancement Act (16 U.S.C. 6806(a))’’. thority and $27.421 billion in outlays in follows: (c) Except as provided in this section, sec- AMENDMENT NO. 1033 tion 4(i)(1)(C) of the Land and Water Con- fiscal year 2006 for the Department of (Purpose: To prohibit the use of funds for the servation Fund Act of 1965 (16 U.S.C. 460l– Interior and related agencies. Of these demolition of buildings at the Zephyr 6a(i)(1)(C)) shall be applied and administered totals, $54 million in budget authority Shoals property, Lake Tahoe, Nevada) as if section 813(a) of the Federal Lands and $60 million in outlays are for man- Recreation Enhancement Act (16 U.S.C. On page 254, after line 25, add the fol- datory programs in fiscal year 2006. lowing: 6812(a)) (and the amendments made by that SEC. 4lll. None of the funds made avail- section) had not been enacted. The bill provides total discretionary able to the Forest Service under this Act (d) This section and the amendments made by this section take effect on December 8, budget authority in fiscal year 2006 of shall be expended or obligated for the demo- $26.207 billion. This amount is $532 mil- lition of buildings at the Zephyr Shoals prop- 2004. erty, Lake Tahoe, Nevada. AMENDMENT NO. 1035 lion more than the President’s request, AMENDMENT NO. 1024 (Purpose: To extend the authority for water- equal to the 302(b) allocations adopted (Purpose: To authorize the imposition of fees shed restoration and enhancement agree- by the Senate, $100 million more than for overnight lodging at certain properties ments) the House-passed bill, and $553 million at Fort Baker, California) On page 254, after line 25, add the fol- less than fiscal year 2005 enacted lev- On page 254, after line 25, add the following: SEC. 4 . Section 323(a) of the Depart- els. lowing: lll ment of the Interior and Related Agencies SEC. 4lll. Section 114 of the Department Mr. President, I commend the distin- of the Interior and Related Agencies Appro- Appropriations Act, 1999 (16 U.S.C. 1011 note; Public Law 105–277), is amended by striking guished chairman of the Appropria- priations Act, 2003 (16 U.S.C. 460bb–3; Public tions Committee for bringing this leg- Law 108–7), is amended— ‘‘fiscal year 1999’’ and all that follows (1) in the second sentence, by inserting ‘‘, through ‘‘2005’’ and inserting ‘‘for each of fis- islation before the Senate, and I ask including utility expenses of the National cal years 2006 through 2015’’. unanimous consent that a table dis- Park Service or lessees of the National Park AMENDMENT NO. 1041 playing the Budget Committee scoring (Purpose: To withdraw from mineral entry or Service’’ after ‘‘Fort Baker properties’’; and of the bill be printed in the RECORD. (2) by inserting between the first and sec- appropriation under mining lease laws, and ond sentences the following: ‘‘In furtherance from leasing claims under mineral and geo- There being no objection, the mate- of a lease entered into under the first sen- thermal leasing laws, certain land in the rial was ordered to be printed in the Payette National Forest) tence, the Secretary of the Interior or a les- RECORD, as follows: see may impose fees on overnight lodgers at At the appropriate place, add the fol- Fort Baker properties.’’. lowing: ‘‘Provided further, That, subject to HR 2361, 2006 INTERIOR APPROPRIATIONS SPENDING COMPARISONS—SENATE-REPORTED BILL [Fiscal Year 2006, $ millions]

General Purpose Mandatory Total

Senate-reported bill:. Budget authority ...... 26,207 54 26,261 Outlays ...... 27,361 60 27,421 Senate 302(b) allocation:. Budget authority ...... 26,207 [54]* 26,261 Outlays ...... 27,373 [60]* 27,433 2005 Enacted:. Budget authority ...... 26,760 54 26,814 Outlays ...... 26,788 55 26,843 President’s request:. Budget authority ...... 26,675 54 25,729 Outlays ...... 27,414 60 27,474 House-passed bill:. Budget authority ...... 26,107 54 26,161 Outlays ...... 27,489 60 27,549 Senate-Reported Bill Compared to:. Senate 302(b) allocation:. Budget authority ...... 0 0 0 Outlays ...... ¥12 0 ¥12 2005 Enacted:. Budget authority ...... ¥553 0 ¥553 Outlays ...... 573 5 578 President’s request:. Budget authority ...... 532 0 532 Outlays ...... ¥53 0 ¥53 House-passed bill:. Budget authority ...... 100 0 100 Outlays ...... ¥128 0 ¥128 * Initial 302(b) allocation report for 2006 omitted subcommittee allocations for mandatory spending. These baseline spending levels for appropriated mandatory accounts reflect anticipated mandatory suballocations in next report. NOTE: Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeeping conventions.

Mr. BURNS. I suggest the absence of The PRESIDING OFFICER. The The assistant legislative clerk pro- a quorum. clerk will call the roll. ceeded to call the roll.

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7423 Mr. BURNS. Mr. President, I ask copter pilots who were attempting to though I have been there many times, I am unanimous consent that the order for navigate through the combat zone to still impressed with the large crowds. Most the quorum call be rescinded. rescue him and his radioman. Dis- are tourists with cameras at the ready; oth- The PRESIDING OFFICER. Without playing a remarkably calm demeanor, ers appear to be more somber, perhaps because they served in Vietnam themselves or objection, it is so ordered. his focus seemed to be on their safety lost friends or family in the war. It troubles f and not his own. His last words to his me to see fellow veterans there wearing all would-be rescuers were, ‘‘Well, they are MORNING BUSINESS sorts of military attire from that era. Many here now. My little people,’’ his term of them have pain written across their faces, Mr. BURNS. Mr. President, I ask for the South Vietnamese soldiers which makes me wonder what terrible bur- unanimous consent there now be a pe- under his command, ‘‘are laying down dens they carry after all these years. riod of morning business with Senators their weapons and they want me to For me, Vietnam is now a collection of mostly good memories. As a young medevac permitted to speak for up to 10 minutes turn off my radio. Thanks a lot for each. helicopter pilot, I had the opportunity to your help and God Bless you.’’ sharpen my flying skills to a level that was The PRESIDING OFFICER. Without As a prisoner of war, the only thing never matched again. I was blessed to be able objection, it is so ordered. more remarkable than the courageous to work with some of the finest people I have Mr. BURNS. I suggest the absence of resistance he displayed throughout his ever known, and my job was satisfying. Dur- a quorum. captivity was his steadfast devotion to ing my tours in Vietnam and Japan, I evacu- The PRESIDING OFFICER. The duty, honor, and country. His faith in ated more than 11,000 casualties in one of the clerk will call the roll. God and the trust of his fellow pris- best flying machines ever built, the Huey The assistant legislative clerk pro- oners was unshakable. Sadly, the only helicopter. It is gratifying to know that ceeded to call the roll. some patients lived because we were able to way his captors could break his spirit help. Mr. MCCONNELL. Mr. President, I of resistance was to execute him and The bad memories have mostly faded with ask unanimous consent that the order today Sergeant Bennett lies in an un- time. In fact, there is only one event that I for the quorum call be rescinded. marked grave known only to God, still think about, and it occurred more than The PRESIDING OFFICER. Without somewhere in the jungles of Vietnam. 34 years ago. In late December 1964, we were objection, it is so ordered. Recent efforts by a group of Vietnam rushing to join the crews of two helicopter gunships in an attempt to save an American f veterans will ensure that Sergeant Bennett’s valiant service will not be advisor. Unfortunately, we failed. HONORING OUR ARMED FORCES Vietnam in 1964 was as different as night forgotten. Over the years, they have and day from the later years. Back then, it TRIBUTE TO U.S. ARMY STAFF SERGEANT worked tirelessly on behalf of the Ben- was still a Vietnamese war, and there were HAROLD ‘‘GEORGE’’ BENNETT nett family to secure the valor awards only about 20,000 Americans assigned to the Mrs. LINCOLN. Mr. President. I rise that should have been presented to Ser- various headquarters, advisory teams and a today to honor the memory of U.S. geant Bennett’s mother, Pauline, in handful of aviation units scattered around Army SSG Harold ‘‘George’’ Bennett. 1965. I am proud of all they have ac- the countryside. In the jungles of Vietnam, this young complished and have pledged my sup- Ours was strictly an advisory and support role and not one of direct combat. In fact, Arkansan displayed courage and honor port to this effort. Most recently, their while serving his Nation in uniform. some of the senior officers still had their work helped lead to Sergeant Bennett’s families in Saigon, and many Americans Tragically, almost 40 years to the day, posthumous induction into the U.S. lived in hotels and other civilian buildings. on or about June 26, 1965, he became Army Ranger Hall of Fame at Fort The old-timers may recall a memo published the first American prisoner of war exe- Benning, GA, on July 8, 2004. Sergeant by one headquarters stating its concern that cuted by the Viet Cong. Bennett’s brother Dicky, and his sis- some living areas were taking on the appear- George Bennett was born on October ters, Eloise Wallace, Laura Sue ance of armed camps. We operated on a shoestring. We did not 16, 1940, in Perryville, AR, a small town Vaught, and Peggy Williams were in that rests just northwest of Little have U.S. Air Force aircraft or U.S. Army attendance. I hope this long overdue artillery to prestrike the landing zones in Rock in the foothills of the Ozarks. His moment of recognition provided some support of our operations. The only fire- father, Gordon, was a veteran of World sense of solace for his family. Although power available was a few lightly armed heli- War I, and he instilled in his sons the he may no longer be with us, the exam- copter gunships flown by a group of extraor- values and rewards of service to coun- ple and selflessness of this brave young dinarily brave pilots. Needless to say, we left try. All 4 would follow his footsteps Arkansan will forever live on in our several of the landing zones littered with into the U.S. Army. downed helicopters. hearts. The communication systems were terrible. SGT George Bennett was trained in The 40th anniversary of Sergeant the Army as an airborne infantryman Since most medevac requests came by tele- Bennett’s execution offers us an oppor- phone and passed through several Viet- and served with the famed 82nd and tunity, not to remember the events of namese headquarters before reaching us, 101st Airborne Divisions, made up of his death, but to reflect upon the life delays were common. On occasion, we would some of the finest soldiers in the world. he led and the kind of person he was. rush to a tiny village located a hundred He earned his Master Parachute Wings He was a selfless young man who an- miles away only to discover the casualties and Expert Infantry Badge before vol- swered his Nation’s call to service and had been picked up a day or so earlier by a unteering in 1964 for service in what placed duty and honor above all else. resupply aircraft making its weekly rounds. was a relatively unknown area of All new pilots found it disconcerting that While a grateful nation could never they could easily lose radio contact with southeast Asia called Vietnam. While adequately express their debt to men other Americans during the longer flights. deployed, Sergeant Bennett served as such as George Bennett, it should take Weather permitting, the only alternative an infantry advisor to the 33rd Ranger every opportunity to honor them and was to gain enough altitude to talk to our Battalion, one of South Vietnam’s best their families for the sacrifice they old standbys, Paris Control and Paddy Con- trained and toughest units. On Decem- have paid on our behalf. trol, operated by the Air Force out of Saigon ber 29, 1964, they were airlifted to the I would also like to ask for unani- and Can Tho, respectively. Otherwise, we village of Binh Gia after it had been were completely on our own at times. mous consent to include in the record The character of the war was different, overrun by a division of Viet Cong. Im- the citation from Sergeant Bennett’s too. While there were a few major battles be- mediately upon landing, Sergeant Ben- posthumous induction into the Ranger tween the Viet Cong and South Vietnamese, nett’s unit was confronted by a well- Hall of Fame and an article titled ‘‘Bad most of the contact was on a small scale and dug-in regiment of enemy forces and Day at Binh Gia,’’ by retired Army ended quickly. It does not seem possible now, despite fighting furiously and coura- COL Douglas E. Moore, that provides but the number of Americans killed in the geously throughout the afternoon, us additional insight into the heroic war had not reached 200 until July 1964. their unit was decimated and overrun. service of SGT George Bennett. In late October, I was flying past Bien Hoa Sergeant Bennett and his radio oper- Air Base when several B–57 Canberra bomb- BAD DAY AT BINH GIA ers suddenly broke through the clouds ahead ator, PFC Charles Crafts, fell into the (By Col. Douglas E. Moore) of me. Several days later, I learned they had hands of the Viet Cong. When friends or family visit for the first come from Clark Air Force Base in the Phil- Before being captured, Sergeant Ben- time, we usually take them to Washington ippines to attack Viet Cong strongholds in nett twice called off American heli- to see the Vietnam Veterans Memorial. Al- the jungles north of Saigon.

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7424 CONGRESSIONAL RECORD — SENATE June 27, 2005 The crews of the newly arrived Canberras clearance to fire anywhere more than a hun- POW as Army Sgt. Harold G. Bennett, who had barely settled in when the Viet Cong dred meters from my position.’’ had been captured at Binh Gia. struck. I was dozing in our alert shack at Shortly thereafter, the gunship pilot re- It suddenly dawned on me that I had never Tan Son Nhut Air Base when the radio oper- ported that he and his wingman had fired all learned the name of the soldier we were try- ator began yelling, ‘‘Bien Hoa’s been hit!’’ As of their rockets and had little machine-gun ing to save that afternoon, and I began won- we ran to our helicopter for the short flight ammunition remaining. At this point, the dering whether it was Sgt. Bennett. to Bien Hoa, we could see flashes of rockets gunship pilot told the advisor to begin mov- I am still troubled because our rescue at- and mortars on the horizon. ing toward the Southwest because he tempt was unsuccessful and I never learned Burning aircraft and ammunition were ex- planned to land and pick him up. The advi- the name of the soldier we were trying to ploding everywhere as we landed to evacuate sor’s response was quick. ‘‘Don’t try it! save. I have often wondered whether it would the wounded. To our horror, we watched a They’re all around me down here, and all have made a difference if the gunships had Vietnamese A-IE Skyraider crash as the you’ll do is get shot down.’’ had more ammunition or if we had arrived a pilot tried to take off during the melee. The The gunship pilot encouraged him to move, few minutes earlier. After many years of cu- plane’s huge engine and other burning parts but the advisor was adamant that it was too riosity, I began trying to reconstruct the rolled to a stop a few yards behind us. Four dangerous for any rescue attempt. After events of that fateful day. Americans were killed, several others were hearing this, I called the gunship pilot and First, I contacted the Pentagon’s MIA/ wounded, and 13 U.S. aircraft were destroyed told him we were about 10 or 12 miles out and POW office and was referred to the Library that night in one of the first major attacks would pick up the advisor if he could guide of Congress. After obtaining several micro- that seemed to be specifically targeted us into the area. The advisor answered first: fiche from the library, I discovered that against the Americans. ‘‘Negative; Dustoff. You can’t make it, so three Americans had been captured at Binh Not long afterwards Bob Hope arrived for don’t even try it!’’ Gia. Two of them were Army enlisted men his first Christmas tour. While his group was I thought we had a chance because I re- and the third was a U.S. Marine Corps cap- traveling from the airport to downtown Sai- main convinced to this day that some of the tain. While I cannot be certain, it appears gon, two Viet Cong saboteurs drove an explo- earlier Viet Cong commanders would not the person whom we were trying to save was sive-laden truck into the parking lot of the have allowed their troops to fire at our Sgt. Bennett. Brinks Hotel. Two Americans died in the medevac helicopters—whether out of respect The data I have gathered contains little in- blast and more than 50 were wounded. I for the red crosses or because they knew we formation about Sgt. Bennett’s actual cap- missed Bob’s show the next day because I went to the aid of anyone who needed help, ture, but there are several stirring accounts was flying, but I understand that he quipped, I do not know. Many of the civilian casual- about his later actions as told by other ‘‘A funny thing happened on the way in last ties and pregnant women whom we had evac- POWs who were held with him in various camps. Their reports indicate that Sgt. Ben- night—a hotel passed us!’’ uated from the villages had husbands or rel- nett stubbornly resisted his captors at every As 1964 was ending, the North Vietnamese atives serving in the Viet Cong. As a result, opportunity and that he participated in fre- apparently concluded that they could not I honestly believe they took it easy on us quent hunger strikes. These disruptions may win the war with the hit-and-run tactics during the early part of the war. When U.S. they had been using. Instead, a major shift have led to his being shot. combat units were introduced the following Like most of my compatriots, I have wit- in their strategy occurred when they sent spring, we became fair game like everyone nessed many heroic acts over the years, but two veteran Viet Cong regiments to an as- else. the person we were trying to save that day sembly area about 50 miles southeast of Sai- In any case, my crew and I planned to ap- ranks with the most courageous. I cannot gon. Coastal freighters brought new rifles, proach at treetop level and touch down just imagine what his thoughts were when things mortars and rocket-propelled grenade long enough to haul the advisor aboard. We began to collapse around him, and there is launchers. In the jungles of Phuoc Tuy prov- had already begun descending when we heard no way to fathom the despair he must have ince, the dreaded 9th Viet Cong Division was him say, ‘‘Well, they are here now. My little felt while he was being led from the battle- born, and Binh Gia was chosen to be its first people [slang for South Vietnamese soldiers] field with American helicopters circling a test by fire. are laying their weapons down, and they Binh Gia was a peaceful village surrounded few hundred feet overhead. want me to turn off my radio. Thanks a lot I am still amazed that he could remain so by jungle and populated mostly by Catholics for your help, and God bless you.’’ calm during his radio transmissions. To the who had fled to the South following an ear- With those words, he was gone. The end, his focus seemed to be on our safety and lier partition of their country. In late De- gunship pilot reported movement around the not his. The willingness to sacrifice himself cember, one regiment of the 9th Division at- advisor’s position, so we pulled up and began instead of risking others was a remarkable tacked the village and quickly overran its orbiting the area. The gunship pilot then demonstration of valor. If I ever have to face lightly armed defenders. Another regiment told me that he and his wingman had to de- a life-or-death situation again, I hope I can slipped into ambush positions around a near- part to refuel and rearm. I called an ap- find some of his courage. by clearing. They knew the American heli- proaching Army L–19 spotter plane to ask if copters would be coming soon, loaded with more gunships were on the way. The Bird STAFF SERGEANT HAROLD G. BENNETT Vietnamese soldiers and their American ad- Dog pilot said no. Staff Sergeant Harold G. Bennett is in- visors. The late afternoon sun began casting long ducted into the Ranger Hall of Fame for ex- The casualty toll mounted quickly. About shadows across the jungle clearing below us, traordinary courage against numerically su- midafternoon, I took a load of wounded Viet- and it looked so peaceful from our vantage perior forces on the battlefields of South namese to Cong Hoa General Military Hos- point. At the same time, it was heart- Vietnam, and for his conspicuous gallantry pital in Saigon and was diverted from there breaking to know that an American soldier while held in captivity by the Viet-Cong. to pick up an American who had been hit in had been captured and we were helpless to do While serving as a Ranger Advisor to the an ambush about 40 miles to the west, near anything except orbit outside of small-arms 33rd Vietnamese Ranger Battalion, SSG Ben- the Cambodian border. Because there was no range. nett volunteered, on Christmas Day, to lead tactical operations center or any of the ubiq- Several minutes passed before our radio a seven man Ranger combat team on a heli- uitous command and control helicopters hov- crackled to life again, ‘‘Have no fear, blue- copter (named the ‘‘Suicide Chopper’’) into a ering over the battlefield, as was the case in eyed VNAF is here!’’ The call came from a one-ship landing zone near the Cambodian later years, we had to refuel at Saigon and flight of Vietnamese air force AI–E border in an effort to free three Americans return to Binh Gia to see if we were still Skyraiders, piloted by U.S. Air Force advi- held captive by communist forces. Ranger needed. sors. They were rushing to help but were Bennett and his snatch team landed and About 25 miles away from Binh Gia I began simply too late. quickly worked their way through the camp. trying to contact other aircraft in the area. I left Vietnam the following summer and The VC had moved the prisoners prior to I switched through several frequencies that spent two years in Japan before I returned to their arrival. we had used earlier in the day before hearing Vietnam. While in Japan, I was in another While this mission to liberate the captured a gunship pilot talking with an American ad- medevac unit whose mission was to ferry Americans was not accomplished, in no way visor on the ground. It quickly became evi- casualties from the air bases at Yokota and did it detract from the heroic efforts of SSG dent that the advisor was in trouble because Tachikawa to several Army, Navy and Air Bennett to free them. Four days later, on the gunship pilot kept telling him he could Force hospitals scattered around Tokyo. December 29th, 1964, SSG Bennett, with his not identify the disposition of his troops and After the more seriously wounded were suffi- American RTO, accompanied the 2nd Com- was concerned about firing on ‘‘friendlies.’’ ciently stabilized, we returned them to the pany of the 33rd Ranger Battalion on the The advisor said he was sorry but that he airheads for the long flight home. first airlift into Operational Area of the Leg- had used up all of his smoke grenades and One afternoon, I was reading a copy of The endary ‘‘Battle of Binh Gia.’’ As the rangers had nothing to mark his positions. At that Stars and Stripes while waiting for an in- were being overrun by elements of the Viet point, the advisor began identifying objects bound flight at Yokota. My attention was Cong 9th Division, SSG Bennett remained on on the ground in an attempt to guide the drawn to an announcement by the North Vi- the radio refusing any attempt to evacuate gunships. Finally, I heard him say something etnamese government that an American him and his RTO from the overwhelming to the effect of, ‘‘Listen, I’m standing on a POW had been shot in retaliation for the enemy forces and their firepower. After SSG small mound near a large clump of bushes slaying of a Viet Cong terrorist by South Vi- Bennett’s capture at Binh Gia, he was la- and waving a white handkerchief. You have etnamese forces. The article identified the beled a troublemaker by his captors because

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7425 of his constant aggressiveness in the brutal cated service of many in the congrega- locate, identify, plot and record the lo- conditions of the jungle pow camps. He ver- tion. There are many in the congrega- cation of every veteran at his local bally berated his guards, daring them to con- tion who served in our Armed Forces, cemetery. Another community service front him man-to-man. On one of his three including Robert Klein, Charles project, ‘‘Buckets Full of Batteries,’’ unsuccessful escape attempts, a Viet Cong soldier almost bit off SSG Bennett’s finger Muskowitz, Arnie Bransdorfer, Joe created an environmental program to as he punched the guard. Driven by dedica- Simon, and Carvel Wolfson, who served recycle household batteries. Four years tion to duty, personal honor, and his reli- with distinction during WWII. ago, he implemented this program in gious faith, the enemy could not break him. Through the years, those associated two school districts and over 20 busi- In June of 1965, the Communist National Lib- with Temple Benjamin have embodied nesses in Paradise, and is now working eration Front announced that they had exe- the values of community spirit, faith, with 4 other cities to expand his pro- cuted SSG Harold G. Bennett, reportedly in and leadership. I know my Senate col- gram. reprisal for actions of the South Vietnamese leagues join me in congratulating the Samuel maintains a 4.0 GPA, and government; he was the ‘‘first’’ American soldier to be executed in Vietnam. Ranger members of Temple Benjamin for their plans to attend college and study Bennett’s exemplary boldness, complete disservice to the community and in wish- American History Education and Busi- regard for his own safety, and his deep con- ing them many more years of success ness. Samuel has selflessly given years cern for his fellow fighting men at the risk of in the future.∑ of his time and energy to the commu- his own life, reflects the highest traditions of f nity. the United States Army; his actions are the Samuel Nassie brings a great deal of embodiment of the Ranger Spirit. SAMUEL NASSIE, 2005 EAGLE pride to California. He has accom- SCOUT OF THE YEAR f plished more in his 17 years than most ∑ Mrs. BOXER. Mr. President, I rise to of us will in our entire lives. His com- ADDITIONAL STATEMENTS share with my colleagues the out- munity, State, and country are fortu- standing accomplishment of one of my nate to have a citizen of his caliber. I constituents, Samuel Nassie of Para- RECOGNIZING THE 50TH ANNIVER- have no doubt that his future will be a dise, CA. I am so proud to announce ∑ SARY OF TEMPLE BENJAMIN bright and fulfilling one. that in May 2005, Samuel was named f ∑ Mr. LEVIN. Mr. President, I would the American Legion’s national ‘‘2005 like to take this opportunity to pay Eagle Scout of the Year.’’ MESSAGE FROM THE HOUSE tribute to the past and present leaders The title of Eagle Scout represents and congregation of Temple Benjamin the highest rank a Boy Scout can ENROLLED BILL SIGNED as they celebrate 50 years of service, achieve. It takes years of hard work, learning, and faith on June 25, 2005. dedication, leadership and community At 1:02 p.m., a message from the This milestone provides the perfect op- service to earn this honor that only 4 House of Representatives, delivered by portunity to reflect on the rich history percent of all Boy Scouts achieve. Ms. Niland, one of its reading clerks, of this institution and to remember the Therefore, to be selected as the Amer- announced that the Speaker has signed many individuals who played an inte- ican Legion’s Eagle Scout of the Year the following enrolled bill: gral part in its success. from hundreds other highly qualified H.R. 1812. An act to amend the Public In 1955 Rabbi Joseph Kratzenstein, Eagle Scouts across the Nation is an Health Service Act to authorize a dem- who escaped Nazi persecution and ulti- extraordinary achievement and I am onstration grant program to provide patient mately settled in Bay City, inspired navigator services to reduce barriers and im- very proud of Samuel for his accom- prove health care outcomes, and for other the original idea for Temple Benjamin plishments that led to this meritorious purposes. through his efforts to educate children honor. The enrolled bill was signed subse- in the Mount Pleasant community. Samuel’s list of awards and accom- quently by the President pro tempore Upon arriving in Michigan, Rabbi plishments are too numerous to list (Mr. STEVENS). Kratzenstein frequently visited the today, but I would like to share with Mount Pleasant area, drawing atten- you some of his work that proves Sam- At 3:41 p.m., a message from the tion to the need for religious education uel’s dedication to his community is House of Representatives, delivered by for local children. The rabbi’s call was second to none. He was the first Boy Ms. Niland, one of its reading clerks, answered by Harry Goldberg, Leo Scout in Northern California to receive announced that the House has passed Simon, Ben Traines, and Dr. Phil the William T. Hornaday Award, the the following bill, in which it requests Silvert, who raised the necessary seed oldest conservation award in the his- the concurrence of the Senate: money to establish the temple we tory of this country, with only 1,000 re- H.R. 3010. An act making appropriations enjoy today. cipients in its 94-year history. Because for the Departments of Labor, Health and Within 2 months of laying the first of his service to the community, Sam- Human Services, and Education, and Related stone, the temple was completed and uel earned the Medal of Merit Award Agencies for the fiscal year ending Sep- families began to use the services it and the Congressional Youth Award in tember 30, 2006, and for other purposes. provided. Temple Benjamin is one of Bronze, Silver, and Gold. At the age of f the first Jewish community and reli- 13, Samuel achieved the rank of Eagle MEASURES REFERRED gious centers to be established in the Scout. He was chosen as Eagle Scout of Central Michigan area and began with the Year for both California and the The following bill was read the first 10 families, some of whom would travel United States by the Sons of the Amer- and the second times by unanimous more than 50 miles for services. Today, ican Revolution. The Veterans of For- consent, and referred as indicated: the temple serves more than 50 families eign Wars also chose him as Eagle H.R. 3010. An act making appropriations and has continued to grow and embrace Scout of the Year for California and for the Departments of Labor, Health and the surrounding community. awarded him second place in the Human Services, and Education, and Related The founding mission of education, Agencies for the fiscal year ending Sep- United States. He is a member of the tember 30, 2006, and for other purposes; to originally developed by Gene Traines, Boy Scout Honor Society, and a life the Committee on Appropriations. has remained a bedrock tenet of Tem- member of the National Eagle Scout f ple Benjamin through the years. Many Association. Samuel remains active in notable community leaders, including the Boy Scouts of America by teaching EXECUTIVE AND OTHER Rose Traines, Mildred Goldberg, and at Boy Scout camps and serving as a COMMUNICATIONS Helen Klein, have helped to shape Tem- Junior Scoutmaster for his local Boy The following communications were ple Benjamin’s instructional elements Scout troop. laid before the Senate, together with and to promote community outreach. I would like to highlight two of Sam- accompanying papers, reports, and doc- In addition to its work with children uel’s community projects that are par- uments, and were referred as indicated: in Michigan, Temple Benjamin has ticularly noteworthy. In his first com- EC–2737. A communication from the Legal contributed to the overall welfare and munity service project, ‘‘Veterans Advisor to the Chief, Media Bureau, Federal safety of our Nation through the dedi- Honor,’’ Samuel created a program to Communications Commission, transmitting,

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7426 CONGRESSIONAL RECORD — SENATE June 27, 2005 pursuant to law, the report of a rule entitled EC–2747. A communication from the Pro- mitting, pursuant to law, the report of a rule ‘‘Amendment of Section 73.202(b), Table of gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: BAE Allotments, FM Broadcast Stations (Crystal tion, Department of Transportation, trans- Systems Limited Model BAe 146 Airplanes’’ Falls, Michigan; Laona, Wisconsin; Blythe, mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(2005–0281)) received on June California; Celoron, New York; and Wells, entitled ‘‘Establishment of Class E2 Air- 18, 2005; to the Committee on Commerce, Texas)’’ (MB Docket Nos. 04–370, 04–371, 04– space; and Modification of Class E5 Airspace; Science, and Transportation. 388, 04–390, and 04–391) received on June 17, Chillicothe, MO’’ ((RIN2120–AA66)(2005–0117)) EC–2758. A communication from the Pro- 2005; to the Committee on Commerce, received on June 18, 2005; to the Committee gram Analyst, Federal Aviation Administra- Science, and Transportation. on Commerce, Science, and Transportation. tion, Department of Transportation, trans- EC–2738. A communication from the Legal EC–2748. A communication from the Pro- mitting, pursuant to law, the report of a rule Advisor to the Chief, Media Bureau, Federal gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing Communications Commission, transmitting, tion, Department of Transportation, trans- Model 727–200 Series Airplanes Equipped with pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule a No. 3 Cargo Door’’ ((RIN2120–AA64)(2005– ‘‘Amendment of Section 73.202(b), Table of entitled ‘‘Amendment of Class E Airspace; 0280)) received on June 18, 2005; to the Com- Allotments, FM Broadcast Stations (Ammon Harrisburg, PA; CORRECTION’’ ((RIN2120– mittee on Commerce, Science, and Transpor- and Dubois, Idaho)’’ (MB Docket No. 04–427) AA66)(2005–0126)) received on June 18, 2005; to tation. received on June 17, 2005; to the Committee the Committee on Commerce, Science, and EC–2759. A communication from the Pro- on Commerce, Science, and Transportation. Transportation. gram Analyst, Federal Aviation Administra- EC–2739. A communication from the Legal EC–2749. A communication from the Pro- tion, Department of Transportation, trans- Advisor to the Chief, Media Bureau, Federal gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Communications Commission, transmitting, tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Bom- pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule bardier Model DHC 8 102, 103, 106, 201, 301, 311, ‘‘Amendment of Section 73.202(b), Table of entitled ‘‘Amendment of Class E Airspace; and 315 Airplanes’’ ((RIN2120–AA64)(2005– Allotments, FM Broadcast Stations Newburgh, NY’’ ((RIN2120–AA66)(2005–0127)) 0279)) received on June 18, 2005; to the Com- (McCook, Maxwell, and Broken Bow, Ne- received on June 18, 2005; to the Committee mittee on Commerce, Science, and Transpor- braska)’’ (MB Docket No. 04–203) received on on Commerce, Science, and Transportation. tation. June 17, 2005; to the Committee on Com- EC–2750. A communication from the Pro- EC–2760. A communication from the Pro- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–2740. A communication from the Legal tion, Department of Transportation, trans- tion, Department of Transportation, trans- Advisor to the Chief, Media Bureau, Federal mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Communications Commission, transmitting, entitled ‘‘Amendment of Class E Airspace; entitled ‘‘Airworthiness Directives: GROB– pursuant to law, the report of a rule entitled Newburgh, NY’’ ((RIN2120–AA66)(2005–0128)) WERKE Model G120A Airplanes’’ ((RIN2120– ‘‘Amendment of Section 73.202(b), Table of received on June 18, 2005; to the Committee AA64)(2005–0278)) received on June 18, 2005; to Allotments, FM Broadcast Stations (Jackson on Commerce, Science, and Transportation. the Committee on Commerce, Science, and and Charlotte, Michigan)’’ (MB Docket No. EC–2751. A communication from the Pro- Transportation. 05–35) received on June 17, 2005; to the Com- gram Analyst, Federal Aviation Administra- EC–2761. A communication from the Pro- mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–2741. A communication from the Acting entitled ‘‘Amendment of Class E Airspace; mitting, pursuant to law, the report of a rule General Counsel, Department of Commerce, Brunswick, ME’’ ((RIN2120–AA66)(2005–0118)) entitled ‘‘Airworthiness Directives: Extra transmitting, the report of a draft bill enti- received on June 18, 2005; to the Committee Flugzeugproduktions- und Vertriebs-GmbH tled ‘‘Marine Mammal Protection Act on Commerce, Science, and Transportation. Models EA 300, EA 300S, EA–300L, and EA 300/ Amendments of 2005’’ received on June 18, EC–2752. A communication from the Pro- 200 Airplanes’’ ((RIN2120–AA64)(2005–0277)) re- 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- ceived on June 18, 2005; to the Committee on Science, and Transportation. tion, Department of Transportation, trans- Commerce, Science, and Transportation. EC–2742. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–2762. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Amendment of Class E Airspace; gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Brunswick, ME’’ ((RIN2120–AA66)(2005–0120)) tion, Department of Transportation, transmitting, pursuant to law, the report of a rule received on June 18, 2005; to the Committee mitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Approach on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Precise Procedures; Miscellaneous Amendments (37); EC–2753. A communication from the Pro- Flight, Inc. Models SVS I and SVS IA Stand- Amdt. No. 3123’’ ((RIN2120–AA65)(2005–0018)) gram Analyst, Federal Aviation Administra- by Vacuum Systems’’ ((RIN2120–AA64)(2005– received on June 18, 2005; to the Committee tion, Department of Transportation, trans- 0276)) received on June 18, 2005; to the Com- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- EC–2743. A communication from the Pro- entitled ‘‘Revision of Class E Airspace; tation. gram Analyst, Federal Aviation Administra- Nome, AK; CORRECTION’’ ((RIN2120– EC–2763. A communication from the Pro- tion, Department of Transportation, trans- AA66)(2005–0125)) received on June 18, 2005; to gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and tion, Department of Transportation, trans- entitled ‘‘Revocation of VOR Federal Airway Transportation. mitting, pursuant to law, the report of a rule V–623’’ ((RIN2120–AA66)(2005–0129)) received EC–2754. A communication from the Pro- entitled ‘‘Airworthiness Directives: Boeing on June 18, 2005; to the Committee on Com- gram Analyst, Federal Aviation Administra- Model 767–200, 300, and 300F Series Airplanes’’ merce, Science, and Transportation. tion, Department of Transportation, trans- ((RIN2120–AA64)(2005–0275)) received on June EC–2744. A communication from the Pro- mitting, pursuant to law, the report of a rule 18, 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- entitled ‘‘Modification of Class E Airspace; Science, and Transportation. tion, Department of Transportation, trans- Harper, KS’’ ((RIN2120–AA66)(2005–0130)) re- EC–2764. A communication from the Pro- mitting, pursuant to law, the report of a rule ceived on June 18, 2005; to the Committee on gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Area Navigation Commerce, Science, and Transportation. tion, Department of Transportation, trans- Routes; FL’’ ((RIN2120–AA66)(2005–0131)) re- EC–2755. A communication from the Pro- mitting, pursuant to law, the report of a rule ceived on June 18, 2005; to the Committee on gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Agusta Commerce, Science, and Transportation. tion, Department of Transportation, trans- S.p.A. Model A190E Helicopters’’ ((RIN2120– EC–2745. A communication from the Pro- mitting, pursuant to law, the report of a rule AA64)(2005–0274)) received on June 18, 2005; to gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing the Committee on Commerce, Science, and tion, Department of Transportation, trans- Model 747 Series Airplanes’’ ((RIN2120– Transportation. mitting, pursuant to law, the report of a rule AA64)(2005–0267)) received on June 18, 2005; to EC–2765. A communication from the Pro- entitled ‘‘Certification of Aircraft and Air- the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- men for the Operation of Light-Sport Air- Transportation. tion, Department of Transportation, trans- craft; CORRECTION’’ ((RIN2120–AH19)(2005– EC–2756. A communication from the Pro- mitting, pursuant to law, the report of a rule 0002)) received on June 18, 2005; to the Com- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Dassault mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- Model Mystere-Falcon 50 and 900 Series Air- tation. mitting, pursuant to law, the report of a rule planes, and Model Falcon 2000 and 900EX Se- EC–2746. A communication from the Pro- entitled ‘‘Airworthiness Directives: Cessna ries Airplanes’’ ((RIN2120–AA64)(2005–0273)) gram Analyst, Federal Aviation Administra- Model 750 Airplanes’’ ((RIN2120–AA64)(2005– received on June 18, 2005; to the Committee tion, Department of Transportation, trans- 0266)) received on June 18, 2005; to the Com- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- EC–2766. A communication from the Pro- entitled ‘‘Establishment of Prohibited Area tation. gram Analyst, Federal Aviation Administra- 51; Bangor, WA’’ ((RIN2120–AA66)(2005–0116)) EC–2757. A communication from the Pro- tion, Department of Transportation, trans- received on June 18, 2005; to the Committee gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Pilatus

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7427 Aircraft Ltd. Models PC–12 and PC–12/45 Air- AA66)(2005–0123)) received on June 18, 2005; to ceived on June 18, 2005; to the Committee on planes’’ ((RIN2120–AA64)(2005–0272)) received the Committee on Commerce, Science, and Commerce, Science, and Transportation. on June 18, 2005; to the Committee on Com- Transportation. EC–2785. A communication from the Pro- merce, Science, and Transportation. EC–2776. A communication from the Pro- gram Analyst, Federal Aviation Administra- EC–2767. A communication from the Pro- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule tion, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Boeing mitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class E Airspace; Model 747 Series Airplanes; CORRECTION’’ entitled ‘‘Airworthiness Directives: Bom- Boonville, MO; CONFIRMATION OF EFFEC- ((RIN2120–AA64)(2005–0258)) received on June bardier Model DHC 8 400, 401, and 402 Series TIVE DATE’’ ((RIN2120–AA66)(2005–0122)) re- 18, 2005 to the Committee on Commerce, Airplanes’’ ((RIN2120–AA64)(2005–0271)) received on June 18, 2005; to the Committee on Science, and Transportation. ceived on June 18, 2005; to the Committee on Commerce, Science, and Transportation. EC–2786. A communication from the Chief, Commerce, Science, and Transportation. EC–2777. A communication from the Pro- Regulations and Administrative Law, U.S. EC–2768. A communication from the Pro- gram Analyst, Federal Aviation Administra- Coast Guard, Department of Homeland Secu- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- rity, transmitting, pursuant to law, the re- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Special Local Regu- mitting, pursuant to law, the report of a rule entitled ‘‘Modification of Class E Airspace; lations: Annual Offshore Super Series Boat entitled ‘‘Airworthiness Directives: McDon- Washington, KS; CONFIRMATION OF EF- Race, Fort Myers Beach, FL’’ (RIN1625–AA08) nell Douglas Model DC 9 15F Airplanes Modi- FECTIVE DATE’’ ((RIN2120–AA66)(2005–0121)) received on June 22, 2005; to the Committee on Commerce, Science, and Transportation. fied in Accordance with Supplemental Type received on June 18, 2005; to the Committee EC–2787. A communication from the Chief, Certificate SA1993SO; and Model DC 9 10, –20, on Commerce, Science, and Transportation. Regulations and Administrative Law, U.S. EC–2778. A communication from the Pro- –30, –40, and –50 Series Airplanes in All-Cargo Coast Guard, Department of Homeland Secu- gram Analyst, Federal Aviation Administra- Configuration, Equipped with a Main Deck rity, transmitting, pursuant to law, the re- tion, Department of Transportation, trans- Cargo Door’’ ((RIN2120–AA64)(2005–0268)) report of a rule entitled ‘‘Special Local Regu- ceived on June 18, 2005; to the Committee on mitting, pursuant to law, the report of a rule lations (including 2 regulations): [CGD11–05– Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Aero- 013], [CGD11–05–009]’’ (RIN1625–AA08) re- EC–2769. A communication from the Pro- Space Technologies of Australia Pty Ltd. ceived on June 22, 2005; to the Committee on gram Analyst, Federal Aviation Administra- Models N22B, N22S, and N24A Airplanes’’ Commerce, Science, and Transportation. tion, Department of Transportation, trans- ((RIN2120–AA64)(2005–0265)) received on June EC–2788. A communication from the Chief, mitting, pursuant to law, the report of a rule 18, 2005; to the Committee on Commerce, Regulations and Administrative Law, U.S. entitled ‘‘Airworthiness Directives: Airbus Science, and Transportation. Coast Guard, Department of Homeland Secu- Model A300 B2 and B4 Series Airplanes’’ EC–2779. A communication from the Pro- rity, transmitting, pursuant to law, the re- ((RIN2120–AA64)(2005–0270)) received on June gram Analyst, Federal Aviation Administra- port of a rule entitled ‘‘Drawbridge Oper- 18, 2005; to the Committee on Commerce, tion, Department of Transportation, trans- ation Regulation; Tchoutacabouffa River, Science, and Transportation. mitting, pursuant to law, the report of a rule Cedar Lake, MS’’ (RIN1625–AA09) received on EC–2770. A communication from the Pro- entitled ‘‘Airworthiness Directives: DG June 22, 2005; to the Committee on Com- gram Analyst, Federal Aviation Administra- Flugzeugbau GmbH Model DG–500MB Sail- merce, Science, and Transportation. tion, Department of Transportation, trans- planes and Glaser-Dirks Flugzeugbau GmbH EC–2789. A communication from the Chief, mitting, pursuant to law, the report of a rule Model DG–800B Sailplanes’’ ((RIN2120– Regulations and Administrative Law, U.S. entitled ‘‘Airworthiness Directives: CFM AA64)(2005–0264)) received on June 18, 2005 to Coast Guard, Department of Homeland Secu- International CFM56–5, –5B, and –5C Series the Committee on Commerce, Science, and rity, transmitting, pursuant to law, the re- Turbofan Engines’’ ((RIN2120–AA64)(2005– Transportation. port of a rule entitled ‘‘Safety Zones (includ- 0269)) received on June 18, 2005; to the Com- EC–2780. A communication from the Pro- ing 3 regulations): [CGD09–05–019], [CGD01– mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- 05–036], [CGD01–05–052]’’ (RIN1625–AA00) re- tation. tion, Department of Transportation, trans- ceived on June 22, 2005; to the Committee on EC–2771. A communication from the Attor- mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. ney, Pipeline and Hazardous Materials Safe- entitled ‘‘Airworthiness Directives: Boeing EC–2790. A communication from the Chief, ty Administration, Department of Transpor- Model 747–200C and 747–200F Series Air- Regulations and Administrative Law, U.S. tation, transmitting, pursuant to law, the re- planes’’ ((RIN2120–AA64)(2005–0263)) received Coast Guard, Department of Homeland Secu- port of a rule entitled ‘‘Hazardous Materials; on June 18 2005; to the Committee on Com- rity, transmitting, pursuant to law, the re- Miscellaneous Amendments’’ (RIN2137–AD87) merce, Science, and Transportation. port of a rule entitled ‘‘Safety Zone: Macy’s received on June 18, 2005; to the Committee EC–2781. A communication from the Pro- July 4th Fireworks, East River and Upper on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- New York Bay, NY’’ (RIN1625–AA00) received EC–2772. A communication from the Attor- tion, Department of Transportation, trans- on June 22, 2005; to the Committee on Com- ney, Pipeline and Hazardous Materials Safe- mitting, pursuant to law, the report of a rule merce, Science, and Transportation. ty Administration, Department of Transpor- entitled ‘‘Airworthiness Directives: EC–2791. A communication from the Chief, tation, transmitting, pursuant to law, the re- Turbomeca S.A. Arrius 1A Turboshaft En- Regulations and Administrative Law, U.S. port of a rule entitled ‘‘Harmonization with gines’’ ((RIN2120–AA64)(2005–0262)) received Coast Guard, Department of Homeland Secu- the United Nations Recommendations, Inter- on June 18, 2005; to the Committee on Com- rity, transmitting, pursuant to law, the re- national Maritime Dangerous Goods Code, merce, Science, and Transportation. port of a rule entitled ‘‘Security Zone; Du- and International Civil Aviation Organiza- EC–2782. A communication from the Pro- luth Harbor, Duluth, Minnesota’’ (RIN1625– tion’s Technical Instructions’’ (RIN2137– gram Analyst, Federal Aviation Administra- AA87) received on June 22, 2005; to the Com- AD92) received on June 18, 2005; to the Com- tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule tation. tation. entitled ‘‘Airworthiness Directives: McDon- f EC–2773. A communication from the Pro- nell Douglas Model 717–200 Airplanes’’ gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(2005–0261)) received on June REPORTS OF COMMITTEES tion, Department of Transportation, trans- 18, 2005; to the Committee on Commerce, The following reports of committees mitting, pursuant to law, the report of a rule Science, and Transportation. were submitted: EC–2783. A communication from the Pro- entitled ‘‘Revocation of VOR Federal Airway By Mr. INHOFE, from the Committee on gram Analyst, Federal Aviation Administra- V–623’’ ((RIN2120–AA66)(2005–0115)) received Environment and Public Works, with amend- tion, Department of Transportation, trans- on June 18, 2005; to the Committee on Com- ments: merce, Science, and Transportation. mitting, pursuant to law, the report of a rule S. 1017. A bill to reauthorize grants for the EC–2774. A communication from the Pro- entitled ‘‘Airworthiness Directives: Boeing water resources research and technology in- gram Analyst, Federal Aviation Administra- Model 767–200, 300, and 300F Series Airplanes’’ stitutes established under the Water Re- tion, Department of Transportation, trans- ((RIN2120–AA64)(2005–0260)) received on June sources Research Act of 1984 (Rept. No. 109– mitting, pursuant to law, the report of a rule 18 2005; to the Committee on Commerce, 90). entitled ‘‘Establishment of Class E Airspace; Science, and Transportation. By Mr. ENZI, from the Committee on McGregor, MN’’ ((RIN2120–AA66)(2005–0124)) EC–2784. A communication from the Pro- Health, Education, Labor, and Pensions, received on June 18, 2005; to the Committee gram Analyst, Federal Aviation Administra- with an amendment in the nature of a sub- on Commerce, Science, and Transportation. tion, Department of Transportation, trans- stitute: EC–2775. A communication from the Pro- mitting, pursuant to law, the report of a rule S. 655. A bill to amend the Public Health gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Bom- Service Act with respect to the National tion, Department of Transportation, trans- bardier Model CL–600–1A11 (CL–600), CL–600– Foundation for the Centers for Disease Con- mitting, pursuant to law, the report of a rule 2A12 (CL–601), and CL–600–2B16 (CL–601–3A, trol and Prevention (Rept. No. 109–91). entitled ‘‘Establishment of Class E2 Air- CL–601–3R, and CL–604) Airplanes Modified By Mr. BENNETT, from the Committee on space; and Modification of Class E5 Airspace; by Supplemental Type Certificate (STC) Appropriations, with an amendment in the Monett, MO, Correction’’ ((RIN2120– SA4900SW’’ ((RIN2120–AA64)(2005–0259)) re- nature of a substitute:

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7428 CONGRESSIONAL RECORD — SENATE June 27, 2005 H.R. 2744. A bill making appropriations for (Mrs. FEINSTEIN) and the Senator from personal information, to disclose any Agriculture, Rural Development, Food and New Mexico (Mr. BINGAMAN) were unauthorized acquisition of such infor- Drug Administration, and Related Agencies added as cosponsors of S. 211, a bill to mation. for the fiscal year ending September 30, 2006, facilitate nationwide availability of 2- S. 963 and for other purposes (Rept. No. 109–92). By Mr. STEVENS, from the Committee on 1-1 telephone service for information At the request of Mr. THUNE, the Commerce, Science, and Transportation, and referral on human services, volun- name of the Senator from Iowa (Mr. with amendments: teer services, and for other purposes. HARKIN) was added as a cosponsor of S. S. 268. A bill to provide competitive grants S. 331 963, a bill to amend title 38, United for training court reporters and closed At the request of Mr. JOHNSON, the States Code, to provide for a guaran- captioners to meet requirements for teed adequate level of funding for vet- realtime writers under the Telecommuni- name of the Senator from Iowa (Mr. cations Act of 1996, and for other purposes HARKIN) was added as a cosponsor of S. erans’ health care, to direct the Sec- (Rept. No. 109–93). 331, a bill to amend title 38, United retary of Veterans Affairs to conduct a By Mr. STEVENS, from the Committee on States Code, to provide for an assured pilot program to improve access to Commerce, Science, and Transportation, adequate level of funding for veterans health care for rural veterans, and for without amendment: health care. other purposes. S. 432. A bill to establish a digital and S. 537 S. 1050 wireless network technology program, and At the request of Mrs. LINCOLN, the for other purposes (Rept. No. 109–94). At the request of Mr. BINGAMAN, the name of the Senator from Rhode Island name of the Senator from Indiana (Mr. f (Mr. CHAFEE) was added as a cosponsor BAYH) was added as a cosponsor of S. INTRODUCTION OF BILLS AND of S. 537, a bill to increase the number 1050, a bill to amend the Tariff Act of JOINT RESOLUTIONS of well-trained mental health service 1930 to provide for an expedited anti- The following bills and joint resolu- professionals (including those based in dumping investigation when imports tions were introduced, read the first schools) providing clinical mental increase materially from new suppliers and second times by unanimous con- health care to children and adoles- after an antidumping order has been sent, and referred as indicated: cents, and for other purposes. issued, and to amend the provision relating to adjustments to export price By Mr. MCCAIN: S. 548 and constructed export price. S. 1312. A bill to amend a provision relat- At the request of Mr. CONRAD, the ing to employees of the United States as- name of the Senator from Colorado S. 1060 signed to, or employed by, an Indian tribe, (Mr. SALAZAR) was added as a cospon- At the request of Mr. COLEMAN, the and for other purposes; to the Committee on name of the Senator from Montana Indian Affairs. sor of S. 548, a bill to amend the Food Security Act of 1985 to encourage own- (Mr. BURNS) was added as a cosponsor By Mr. CORNYN: of S. 1060, a bill to amend the Internal S. 1313. A bill to protect homes, small busi- ers and operators of privately-held nesses, and other private property rights, by farm, ranch, and forest land to volun- Revenue Code of 1986 to allow a credit limiting the power of eminent domain; to the tarily make their land available for ac- against income tax for the purchase of Committee on the Judiciary. cess by the public under programs ad- hearing aids. By Mr. VOINOVICH (for himself and ministered by States and tribal govern- S. 1064 Mr. STEVENS): ments. At the request of Mr. COCHRAN, the S. 1314. A bill to amend the Federal Water name of the Senator from Georgia (Mr. Pollution Control Act to authorize appro- S. 604 ISAKSON) was added as a cosponsor of S. priations for States water pollution control At the request of Mr. BINGAMAN, the 1064, a bill to amend the Public Health revolving funds, and for other purposes; to name of the Senator from Wisconsin Service Act to improve stroke preven- the Committee on Environment and Public (Mr. FEINGOLD) was added as a cospon- tion, diagnosis, treatment, and reha- Works. sor of S. 604, a bill to amend title XVIII bilitation. By Mr. LUGAR: of the Social Security Act to authorize S. 1315. A bill to require a report on S. 1066 progress toward the Millennium Develop- expansion of medicare coverage of medical nutrition therapy services. At the request of Mr. HAGEL, his ment Goals, and for other purposes; to the name was added as a cosponsor of S. Committee on Foreign Relations. S. 633 1066, a bill to authorize the States (and By Ms. SNOWE (for herself, Mr. KERRY, At the request of Mr. JOHNSON, the subdivisions thereof), the District of Ms. COLLINS, Mr. CHAFEE, and Mr. name of the Senator from Utah (Mr. KENNEDY): Columbia, territories, and possessions S. 1316. A bill to authorize the Small Busi- BENNETT) was added as a cosponsor of of the United States to provide certain ness Administration to provide emergency S. 633, a bill to require the Secretary of tax incentives to any person for eco- relief to shellfish growers affected by toxic the Treasury to mint coins in com- nomic development purposes. red tide losses; considered and passed. memoration of veterans who became S. 1112 By Mr. HATCH (for himself, Mr. DODD, disabled for life while serving in the At the request of Mr. GRASSLEY, the Mr. BURR, Mr. REED, and Mr. EN- Armed Forces of the United States. SIGN): name of the Senator from Utah (Mr. S. 675 S. 1317. A bill to provide for the collection BENNETT) was added as a cosponsor of and maintenance of cord blood units for the At the request of Mr. DORGAN, the S. 1112, a bill to make permanent the treatment of patients and research, and to name of the Senator from Arkansas enhanced educational savings provi- amend the Public Health Service Act to au- (Mr. PRYOR) was added as a cosponsor sions for qualified tuition programs en- thorize the Bone Marrow and Cord Blood Cell of S. 675, a bill to reward the hard work acted as part of the Economic Growth Transplantation Program to increase the and risk of individuals who choose to and Tax Relief Reconciliation Act of number of transplants for recipients suitable live in and help preserve America’s 2001. matched to donors of bone marrow and cord small, rural towns, and for other pur- blood; to the Committee on Health, Edu- S. 1200 cation, Labor, and Pensions. poses. At the request of Mr. BUNNING, the S. 695 f name of the Senator from Oregon (Mr. At the request of Mr. BYRD, the name WYDEN) was added as a cosponsor of S. ADDITIONAL COSPONSORS of the Senator from Montana (Mr. BAU- 1200, a bill to amend the Internal Rev- S. 21 CUS) was added as a cosponsor of S. 695, enue Code of 1986 to reduce the depre- At the request of Ms. COLLINS, the a bill to suspend temporarily new ship- ciation recovery period for certain roof name of the Senator from Iowa (Mr. per bonding privileges. systems. GRASSLEY) was added as a cosponsor of S. 751 S. 1209 S. 21, a bill to provide for homeland se- At the request of Mrs. FEINSTEIN, the At the request of Mr. GREGG, the curity grant coordination and sim- name of the Senator from Arizona (Mr. name of the Senator from Tennessee plification, and for other purposes. KYL) was added as a cosponsor of S. 751, (Mr. ALEXANDER) was added as a co- S. 211 a bill to require Federal agencies, and sponsor of S. 1209, a bill to establish At the request of Mrs. CLINTON, the persons engaged in interstate com- and strengthen postsecondary pro- names of the Senator from California merce, in possession of data containing grams and courses in the subjects of

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7429 traditional American history, free in- The bill clarifies what I believe was 450i) is amended by striking subsection (j) stitutions, and Western civilization, the intent of the Congress, as evi- and inserting the following: available to students preparing to denced by House Report No. 93–4600 ‘‘(j) ADDITIONAL EMPLOYMENT RIGHTS.— teach these subjects, and to other stu- that accompanies the ISDEA, that Fed- ‘‘(1) IN GENERAL.—Notwithstanding sec- tions 205 and 207 of title 18, United States dents. eral employees who work in an area Code, an officer or employee of the United S. 1217 that is contracted or compacted to a States assigned to an Indian tribe under sec- At the request of Mr. BINGAMAN, the tribe be able to continue performing tion 3372 of title 5, United States Code, or names of the Senator from Arkansas their jobs if they become employees of section 2072 of the Revised Statutes (25 (Mrs. LINCOLN) and the Senator from the Indian tribe for purposes of work- U.S.C. 48), or an individual that was formerly Minnesota (Mr. DAYTON) were added as ing in the contracted or compacted an officer or employee of the United States cosponsors of S. 1217, a bill to amend area. The exception that was made to and who is an employee of an Indian tribe title II of the Social Security Act to the conflict laws appeared to have been employed to perform services pursuant to made in response to the recognition self-governance contracts or compacts under phase out the 24-month waiting period this Act that the individual formerly per- for disabled individuals to become eli- that when Indian tribes took on the reformed for the United States, may commu- gible for medicare benefits, to elimi- sponsibility of operating programs tra- nicate with and appear before any depart- nate the waiting period for individuals ditionally fulfilled by the Federal Gov- ment, agency, court, or commission on be- with life-threatening conditions, and ernment, they would need experienced half of the Indian tribe with respect to any for other purposes. individuals to fulfill contracted or matter relating to the contract or compact, S. 1290 compacted functions. including any matter in which the United States is a party or has a direct and substan- At the request of Mrs. CLINTON, her Former Federal employees who leave tial interest. name was added as a cosponsor of S. the Federal Government and go to work as outside lawyers or lobbyists ‘‘(2) NOTIFICATION OF INVOLVEMENT IN PEND- 1290, a bill to appropriate $1,975,183,000 ING MATTER.—An officer, employee, or former for medical care for veterans. for Indian tribes, however, would, officer or employee described in paragraph S. 1298 under the legislation I am introducing (1) shall submit to the head of each appro- At the request of Mrs. LINCOLN, the today, be subject to the same conflicts priate department, agency, court, or com- name of the Senator from New Jersey of interest restraints that apply to mission, in writing, a notification of any per- (Mr. LAUTENBERG) was added as a co- other former Federal employees who sonal and substantial involvement the offi- sponsor of S. 1298, a bill to amend titles work for other entities. The bill takes cer, employee, or former officer or employee effect one year after enactment to had as an officer or employee of the United XIX and XXI of the Social Security Act States with respect to the pending matter.’’. to permit States to cover low-income allow time for people to familiarize SEC. 3. EFFECTIVE DATE. youth up to age 23. themselves with the new law and for tribes to seek alternative representa- The effective date of the amendment made S. RES. 42 by this Act shall be the date that is 1 year At the request of Mr. LUGAR, the tion if necessary. after the date of enactment of this Act. name of the Senator from Nebraska Limiting the waiver of conflicts laws in this manner proposed in this bill (Mr. HAGEL) was added as a cosponsor By Mr. CORNYN: of S. Res. 42, a resolution expressing will address a problem identified by the S. 1313. A bill to protect homes, small the sense of the Senate on promoting Inspector General of the Department of businesses, and other private property initiatives to develop an HIV vaccine. Interior. In a report dated February rights, by limiting the power of emi- 2002, entitled ‘‘Allegations Involving S. RES. 154 nent domain; to the Committee on the Irregularities in the Tribal Recognition At the request of Mr. BIDEN, the Judiciary. Process and Concerns Relating to In- name of the Senator from Vermont Mr. CORNYN. Mr. President, I rise dian Gaming, the IG laid out a number (Mr. LEAHY) was added as a cosponsor today to introduce new legislation, en- of contacts by former BIA and DOI offi- of S. Res. 154, a resolution designating titled the Protection of Homes, Small cials, who left Federal employment to October 21, 2005 as ‘‘National Mammog- Businesses, and Private Property Act represent tribes at law firms, to the raphy Day’’. of 2005. I introduce this legislation in BIA regarding recognition matters response to a controversial ruling of f that, but for the exemption from the the United States Supreme Court STATEMENTS ON INTRODUCED conflicts rules, they would be barred issued just last Thursday. BILLS AND JOINT RESOLUTIONS from making. The IG suggested that The protection of homes, small busi- By Mr. MCCAIN: these contacts were improper, but not nesses, and other private property S. 1312. A bill to amend a provision illegal. These contacts were all made rights against government seizure and relating to employees of the United by former Federal employees who other unreasonable government inter- States assigned to, or employed by, and worked as outside lawyers and lobby- ference is a fundamental principle and Indian tribe, and for other purposes; to ists for tribes. In his testimony before core commitment of our Nation’s the Committee on Indian Affairs. the Senator Committee on Indian Af- Founders. As Thomas Jefferson fa- Mr. MCCAIN. Mr. President, today I fairs earlier this year, the Inspector mously wrote on April 6, 1816, the pro- am introducing legislation to address General again raised the issue of con- tection of such rights is: conflicts of interest and the appearance flicts of interest and referred to a prob- the first principle of association, ‘‘the guar- of conflicts involving former Federal lem of a ‘‘revolving door’’ involving antee to everyone of a free exercise of his in- officers and employees who represent former Department of Interior offi- dustry, and the fruits acquired by it.’’ Indian tribes. cials. This legislation seeks to address The Fifth Amendment of the United The legislation amends the Indian that problem. I urge my colleagues to States Constitution specifically pro- Self-Determination and Education As- support it. I also ask unanimous con- vides that ‘‘private property’’ shall not sistance Act (ISDEA), 25 US.C. 450i(j), sent that the text of the bill be printed ‘‘be taken for public use without just by limiting the exemption from Fed- in the RECORD. compensation.’’ The Fifth Amendment eral conflicts of interest laws. Current There being no objection, the bill was thus provides an essential guarantee of law exempts from the conflicts laws ordered to be printed in the RECORD, as liberty against the abuse of the power former Federal officers and employees follows: of eminent domain, by permitting gov- who ‘‘are employed by Indian tribes’’, S. 1312 ernment to seize private property only thus permitting these former Federal Be it enacted by the Senate and House of Rep- ‘‘for public use.’’ employees immediately to lobby the resentatives of the United States of America in On June 23, 2005, the U.S. Supreme departments they just left and act as Congress assembled, Court issued its controversial 5–4 deci- agents and attorneys for the tribes. SECTION 1. SHORT TITLE. sion in Kelo v. City of New London. In This Act may be cited as the ‘‘Reducing The legislation limits this exemption Conflicts of Interests in the Representation that ruling, the Court acknowledged only to those former Federal employ- of Indian Tribes Act of 2005’’. that ‘‘it has long been accepted that ees who are employees of Indian tribes SEC. 2. ADDITIONAL EMPLOYMENT RIGHTS. the sovereign may not take the prop- pursuant to self-determination con- Section 104 of the Indian Self-Determina- erty of A for the sole purpose of trans- tracts or self-governance compacts. tion and Education Assistance Act (25 U.S.C. ferring it to another private party B,’’

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7430 CONGRESSIONAL RECORD — SENATE June 27, 2005 and that under the Fifth Amendment, ernment interference with property homes and businesses so that other private the power of eminent domain may be rights is well-founded and well within entities can develop the land into enterprises used only ‘‘for public use.’’ the mainstream of American jurispru- that generate higher taxes. Yet the Court nevertheless held, by a dence. The Supreme Court found, 5–4, that local 5–4 vote, that government may seize The Houston Chronicle has called elected officials are not barred by the Con- the home, small business, or other pri- upon lawmakers to take action, edito- stitution from condemning whole neighbor- vate property of one owner, and trans- rializing this past weekend that: hoods and small businesses if, in their view, doing so would lead to redevelopment that lawmakers would do well to pass restrictions fer that same property to another pri- increases tax collections. vate owner, simply by concluding that on this distasteful form of eminent domain. such a transfer would benefit the com- I firmly agree. A majority on the court was convinced that the possibility of improving the tax munity through increased economic de- It is appropriate for Congress to take action, consistent with its limited pow- base for the benefit of the wider community velopment. satisfies the Fifth Amendment’s requirement This is an alarming decision. As the ers under the Constitution, to restore that private property can be taken by emi- Houston Chronicle editorialized this the vital protections of the Fifth nent domain only for a public purpose. past weekend: Amendment and to protect homes, Justice Sandra Day O’Connor, who dis- It seems a bizarre anomaly. The govern- small businesses, and other private sented, pinpointed the problem with the ma- ment in China or Russia might take private property rights against unreasonable jority’s argument. It cedes ‘‘disproportionate property to hand over to wealthy developers government use of the power of emi- influence and power’’ to a community’s most to build shopping malls and office plazas, but nent domain. powerful and well-connected residents. it wouldn’t happen in the United States. Yet, That is why I am introducing today Public parks, schools and right of way for that is the practice the U.S. Supreme Court the Protection of Homes, Small Busi- thoroughfares traditionally have provided narrowly approved this week. Local govern- nesses, and Private Property Act of the sort of public purpose to justify governments, the court ruled, may seize private ment’s use of eminent domain. Grand rede- homes and businesses so that other private 2005. The legislation would declare velopment schemes, especially when they are entities can develop the land into enterprises Congress’s view that the power of emi- cooked up by government officials, often that generate higher taxes. nent domain should be exercised only ‘‘for public use,’’ as guaranteed by the lack a sound economic basis and carry the I ask unanimous consent that a copy potential of becoming boondoggles that hurt of this editorial be printed in the Fifth Amendment, and that this power taxpayers. to seize homes, small businesses, and RECORD at the close of my remarks. Justice John Paul Stevens wrote for the The PRESIDING OFFICER. Without other private property should be re- majority that local officials are qualified objection, it is so ordered. (See exhibit served only for true public uses. Most judges of whether an economic development 1.) importantly, the power of eminent do- project will benefit the community. In this Mr. CORNYN. The Court’s decision in main should not be used simply to fur- case, city officials in New London, Conn., Kelo is alarming because, as Justice ther private economic development. plan to tear down private homes to make O’Connor accurately noted in her dis- The act would apply this standard to way for a riverfront hotel, offices and a fit- senting opinion, joined by the Chief two areas of government action which ness club. Justice and Justices Scalia and Thom- are clearly within Congress’s authority ‘‘The city has carefully formulated an eco- as, the Court has: to regulate: (1) All exercises of eminent nomic development that it believes will provide appreciable benefits to the community, effectively . . . delete[d] the words ‘‘for pub- domain power by the Federal Govern- including—but by no means limited to—new lic use’’ from the Takings Clause of the Fifth ment, and (2) all exercises of eminent jobs and increased tax revenue,’’ Stevens Amendment and thereby ‘‘refus[ed] to en- domain power by State and local gov- wrote. force properly the Federal Constitution.’’ ernment through the use of Federal But is that universally true? Municipal Under the Court’s decision in Kelo, funds. It would likewise be appropriate for and county governing bodies frequently mis- Justice O’Connor warns, calculate or wildly overestimate the benefits [t]he specter of condemnation hangs over all states to take action to voluntarily of tax abatements and other incentives. property. Nothing is to prevent the State limit their own power of eminent do- Besides that, individual taxpayers don’t from replacing any Motel 6 with a Ritz- main. As the Court in Kelo noted, Carlton, any home with a shopping mall, or necessarily benefit from increased govern- ‘‘nothing in our opinion precludes any ment revenues. any farm with a factory. State from placing further restrictions She further warns that, under Kelo, Sometimes the increased revenue proves on its exercise of the takings power.’’ insufficient to cover the cost of providing [a]ny property may now be taken for the The protection of homes, small busi- services to new development. Sometimes in- benefit of another private party, [and] the nesses, and other private property creased revenues are wasted on things other fallout from this decision will not be ran- rights against government seizure and than essential services. dom. The beneficiaries are likely to be those other unreasonable government inter- citizens with disproportionate influence and Now that the high court has cleared the power in the political process, including ference is a fundamental principle and way for elected officeholders to trump pri- large corporations and development firms. core commitment of our Nation’s vate property rights, abuse of eminent do- As for the victims, the government now has Founders. The Kelo decision was a dis- main becomes more likely, particularly in license to transfer property from those with appointment, but I congratulate the neighborhoods populated by the least influ- fewer resources to those with more. The attorneys at the Institute for Justice ential citizens. In Texas, lawmakers would Founders cannot have intended this perverse for their exceptional legal work and for do well to pass restrictions on this distasteful form of eminent domain. result. their devotion to liberty. We must not Indeed, as an amicus brief filed by give up, and I know that the talented the National Association for the Ad- lawyers at the Institute for Justice By Mr. LUGAR: vancement of Colored People, AARP, have no intention of giving up. In the S. 1315. A bill to require a report on and other organizations noted: aftermath of Kelo, we must take all progress toward the Millennium Devel- [a]bsent a true public use requirement, the necessary action to restore and opment Goals, and for other purposes; takings power will be employed more fre- to the Committee on Foreign Rela- quently. The takings that result will dis- strengthen the protections of the Fifth proportionately affect and harm the eco- Amendment. I ask my colleagues to tions. nomically disadvantaged and, in particular, lend their support to this effort, by Mr. LUGAR. Mr. President, I rise racial and ethnic minorities and the elderly. supporting the Protection of Homes, today to introduce a bill that calls on In a way, the Kelo decision at least Small Businesses, and Private Prop- the administration to assess the vindicates supporters of the nomina- erty Act of 2005. progress of poverty reduction efforts tion of Justice Janice Rogers Brown to EXHIBIT 1 around the world since September 2000, the U.S. Court of Appeals for the D.C. STEALING HOME when the Millennium Declaration was Circuit. That nomination attracted It seems a bizarre anomaly. The govern- unanimously adopted by more than 180 substantial controversy in some quar- ment in China or Russia might take private nations, including the United States. ters, because of Justice Brown’s per- property to hand over to wealthy developers Each of these nations signed an agree- to build shopping malls and office plazas, but sonal passion for the protection of pri- it wouldn’t happen in the United States. Yet, ment to work toward defined objec- vate property rights. The Kelo decision that is the practice the U.S. Supreme Court tives, called the Millennium Develop- announced last Thursday demonstrates narrowly approved this week. Local government Goals, which include the commit- that her concerns about excessive gov- ments, the court ruled, may seize private ments to: build a global partnership for

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7431 development; eradicate extreme pov- this pandemic. The United States also (1) At the United Nations Millennium Sum- erty by halving the number of people established a bold new development mit in 2000, the United States joined more living on less than one dollar a day and initiative that closely parallels impor- than 180 other countries in committing to the number who suffer hunger; achieve tant elements of the MDGs and the rec- work toward goals to improve life for the world’s poorest people by 2015. universal primary education for boys ommendations of the Commission for (2) Such goals include reducing the propor- and girls alike; reduce by two-thirds Africa report. The Millennium Chal- tion of people living on less than $1 per day the under-5 child mortality rate; halt lenge Corporation has begun to deliver by 1⁄2, reducing child mortality by 2⁄3, and as- and reverse the spread of AIDS, ma- billions in assistance to developing na- suring basic education for all children, while laria and other major disease; promote tions that are committed to investing sustaining the environment upon which gender equality, reduce maternal mor- in their own people, to ruling justly, human life depends. tality by two-thirds; and ensure envi- and to encouraging economic freedom. (3) At the 2002 International Conference on ronmental sustainability. In addition, the United States removed Financing for Development, the United This bill also highlights the impor- barriers to trade with eligible African States representative reiterated the support tant research and recommendations of of the United States for the Millennium De- countries through the successful Africa velopment Goals and advocated, along with the Report of the Commission for Afri- Growth and Opportunity Act. other international participants, for a ca that was commissioned by Prime There are many other significant ef- stronger focus on measurable outcomes de- Minister Tony Blair in preparation for forts by the United States to address rived from a global partnership between de- the July 2005 G8 Summit in Scotland. the challenges to poor countries face, veloped and developing countries. The report, entitled ‘‘Our Common In- from technical assistance to bilateral (4) On March 22, 2002, President Bush stat- terest,’’ is an excellent study of past and multi-lateral debt relief, from ed, ‘‘We fight against poverty because hope development efforts and current oppor- peacekeeper training and equipping to is an answer to terror. We fight against pov- tunities to respond to the challenges of capacity building and emergency as- erty because opportunity is a fundamental extreme poverty in Africa. right to human dignity. We fight against sistance. Whether bilaterally or poverty because faith requires it and con- Three important international fo- through multilateral institutions, the science demands it. We fight against poverty rums will occur this year that will help international community should cap- with a growing conviction that major define the world’s response to extreme italize on a coordinated strategy that progress is within our reach.’’. poverty; the group of Eight highly in- reinforces the prospect of a more (5) The 2002 National Security Strategy of dustrialized countries will meet in July peaceful and stable world. the United States notes that ‘‘a world where at Gleneagles, Scotland and will ad- The commitment of the United some live in comfort and plenty, while half dress the challenges and opportunities States to the moral and humanitarian of the human race lives on less than $2 per of the African continent; The United day, is neither just nor stable. Including all goal of reducing the inequities seen of the world’s poor in an expanding circle of Nations Summit to review progress on across the developing world is a key development and opportunity is a moral im- the Millennium Development Goals factor in achieving greater security at perative and one of the top priorities of U.S. will occur in September. It will provide home and abroad. Since September 11, international policy’’. an opportunity to measure global co- 2001, our nation has been engaged in a (6) The National Commission on Terrorist herence and commitment to specific debate over how to apply national Attacks Upon the United States concluded objectives in eradicating extreme pov- power and resources most effectively to that the Government of the United States erty by 2015; and the The Sixth Min- realize the maximum degree of secu- must offer an example of moral leadership in isterial Conference of the World Trade the world and offer parents and their chil- rity. Throughout this process, I have dren a vision of the future that emphasizes Organization will meet in Hong Kong been making the point that we are not individual educational and economic oppor- in December. Progress toward a genu- placing sufficient weight on the diplo- tunity as essential to the efforts of the inely equitable trade round in Hong matic and economic tools of national United States to defeat global terrorism. Kong could provide a significant boost power. (7) The summit of the Group of Eight to global international development. Even as we seek to capture key ter- scheduled for July 2005, the United Nations This bill asks that the Secretary of rorists and destroy terrorist units, we summit scheduled for September 2005, and State produce a report on the commit- must be working to perfect a longer the Sixth Ministerial Conference of the World Trade Organization scheduled for De- ments made by the United States and term strategy that reshapes the world the international community to cember 2005 will provide opportunities to in ways that are not conducive to ter- measure and continue to pursue progress on achieve the Millennium Development rorist recruitment and influence. To the Millennium Development Goals. Goals, including the decisions made in win the war against terrorism, the (8) The summit of the Group of Eight regard to these goals in the three up- United States must assign U.S. eco- scheduled for July 6 through July 8, 2005, in coming summits. It asks that the re- nomic and diplomatic capabilities the Gleneagles, Scotland, will bring together the port assess the prospects of achieving same strategic priority that we assign countries that can make the greatest con- these goals by 2015 and to review poli- to military capabilities. There are no tribution to alleviating extreme poverty in Africa, the region of the world where ex- cies that maintain continued United shortcuts to victory. We must commit States leadership in reducing poverty treme poverty is most prevalent. ourselves to the painstaking work of (9) On June 11, 2005, the United States worldwide. The report would be due 60 foreign policy day by day and year by helped secure the agreement of the Group of days after the completion of the WTO year. As we undertake this mission, we Eight Finance Ministers to cancel 100 per- summit December 13–18, 2005. must be persistent in our advocacy cent of the debt obligations owed to the The purpose of this report is to en- among our fellow nations to encourage World Bank, African Development Bank, and courage a discussion of the goals them- a global partnership and commitment International Monetary Fund by countries selves and the practical challenges to eradicating poverty. that are eligible for debt relief under the with which each of these goals must I ask unanimous consent that the Highly Indebted Poor Countries Initiative, the initiative established in 1996 by the contend. This discussion should take text of the bill be printed in the place within and among donor and de- World Bank and the International Monetary RECORD. Fund for the purpose of reducing the debt veloping governments, on a continuing There being no objection, the bill was burdens of the world’s poorest countries, or basis. The upcoming summits are an ordered to be printed in the RECORD, as under the Enhanced HIPC Initiative, as de- important opportunity to continue follows: fined in section 1625 of the International Fi- that discussion as well as to make con- S. 1315 nancial Institutions Act (22 U.S.C. 262p–8), crete efforts, and if necessary adjust- which are poor countries that are on the Be it enacted by the Senate and House of Rep- path to reform. ments, to achieving such goals. resentatives of the United States of America in Since the Millennium Summit in (10) The report prepared by the Commis- Congress assembled, sion for Africa and issued by Prime Minister 2000, the United States has taken steps SECTION 1. SHORT TITLE. to invest in development in a more Tony Blair on March 11, 2005, entitled ‘‘Our This Act may be cited as the ‘‘Inter- Common Interest’’, called for coherence and comprehensive manner. President Bush national Cooperation to Meet the Millen- coordination in the development of an over- made an historic commitment to ad- nium Development Goals Act of 2005’’. arching package of actions to be carried out dress the threat and impact of HIV– SEC. 2. FINDINGS. by the countries of Africa and the inter- AIDS on the countries most affected by Congress makes the following findings: national community to address the complex

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7432 CONGRESSIONAL RECORD — SENATE June 27, 2005 interlocking issues that challenge the con- Prize recipient, Wangari Maathai, as well as granted a stronger voice in international fo- tinent, many of which have already been ad- those of improved regional organizations rums. dressed individually in previous summits and such as the African Union and the New Part- (K) The international community must under the Africa Action Plan enacted by the nership for Economic Development’s Peer join in providing creative incentives for com- Group of Eight. Review Mechanism, and subregional entities mercial firms to research and develop prod- (11) The United States has recognized the such as the Economic Community of West ucts that improve water, sanitation, health, need for strengthened economic and trade African States, the Inter-Governmental Au- and the environment in ways that would dra- opportunities, as well as increased financial thority on Development, and the potential of matically reduce suffering and increase pro- and technical assistance to Africa and other the Southern African Development Commu- ductive life-spans in Africa. countries burdened by extreme poverty, nity. SEC. 3. DEFINITIONS. through significant initiatives in recent (H) Political reform in Africa has produced In this Act: years, including— results. For example, while in 1985 countries (1) APPROPRIATE CONGRESSIONAL COMMIT- (A) the African Growth and Opportunity of sub-Saharan Africa ruled by dictators TEES.—The term ‘‘appropriate congressional Act (19 U.S.C. 3701 et seq.) that has opened were the norm, by 2005 dictatorships are a United States markets to thousands of prod- minority and democracy has new life with committees’’ means the Committee on For- ucts from Africa; governments chosen by the people increasing eign Relations of the Senate and the Com- (B) the President’s Emergency Plan for fourfold since 1991. mittee on International Relations of the AIDS Relief developed under section 101 of (13) The report prepared by the Commis- House of Representatives. the United States Leadership Against HIV/ sion for Africa entitled ‘‘Our Common Inter- (2) GROUP OF EIGHT.—The term ‘‘Group of AIDS, Tuberculosis, and Malaria Act of 2003 est’’ includes the following recommenda- Eight’’ means the forum for addressing inter- (22 U.S.C. 7611), the major focus of which has tions: national economic, political, and social been on African countries; (A) At this vital moment when issues attended by representatives of Can- (C) the Millennium Challenge Corporation globalization and growth, technology and ada, France, Germany, Italy, Japan, Russia, established under section 604 of the Millen- trade, and mutual security concerns allow, the United Kingdom, and the United States. nium Challenge Act of 2003 (22 U.S.C. 7703) and common humanity demands, a substan- (3) MILLENNIUM DEVELOPMENT GOALS.—The that is in the process of committing new and tial tangible and coherent package of actions term ‘‘Millennium Development Goals’’ significant levels of assistance to countries, should immediately be taken by the inter- means the goals set out in United Nations including countries in Africa, that are poor national community, led by the most indus- Millennium Declaration, resolution 55/1 but show great promise for boosting eco- trialized countries, in partnership with the adopted by the General Assembly of the nomic growth and bettering the lives of their countries of Africa, to address the poverty United Nations on September 8, 2000. people; and and underdevelopment of the African con- SEC. 4. SENSE OF CONGRESS. (D) the United States has canceled 100 per- tinent. It is the sense of Congress that— cent of the bilateral debt owed to the United (B) The people of Africa must take respon- (1) the President should continue to pro- States by countries eligible for debt relief sibility and show courageous leadership in vide the leadership necessary at the summit under the Enhanced HIPC Initiative. addressing problems and taking ownership of of the Group of Eight scheduled for July 2005 (12) The report prepared by the Commis- solutions as the means for ensuring sustain- at Gleneagles, Scotland, to encourage other sion for Africa entitled ‘‘Our Common Inter- able development, while implementing gov- countries to develop a true partnership to est’’ includes the following findings: ernance reform as an underlying prerequisite pursue the Millennium Development Goals; (A) The people of Africa must demonstrate for foreign assistance effectiveness. (2) the President should urge the Group of the leadership necessary to address the gov- (C) Each developed country has unique Eight to consider the findings and rec- ernance challenges they face, setting prior- strengths and capacity to add value to a ommendations contained in the report pre- ities that ensure the development of effec- comprehensive assistance plan and should pared by the Commission for Africa entitled tive civil and police services, independent ju- join their individual efforts to a coherent ‘‘Our Common Interest’’, as a fundamental diciaries, and strong parliaments, all of whole that is more efficient and responsive guide on which to base their planning, in which reinforce a stable and predictable eco- to Africa and the people of Africa. partnership with the nations of Africa, for nomic environment attractive to invest- (D) The international community must the development of Africa; ment. honor existing commitments to strengthen (3) the Group of Eight, as well as govern- (B) Many leaders in Africa have pursued African peacekeeping capacity and go be- ments of the countries of Africa and regional personal self-interest rather than national yond those commitments to invest in more organizations of such governments, should goals, a tendency that has been in some ineffective prevention and nonmilitary means reaffirm and honor the commitments made stances exacerbated and abetted by the ma- to resolve conflict through such regional or- in the Africa Action Plan enacted by the nipulation of foreign governments pursuing ganizations as the African Union and the Group of Eight in previous years; and their own agenda in the region to the det- subregional Economic Community for West (4) the international community should riment of the people of Africa. African States. pursue further progress toward achieving the (C) More violent conflict has occurred in (E) A massive investment in physical infra- Millennium Development Goals at the sum- Africa during the period between 1965 and structure should be made to support commit of the Group of Eight scheduled for July 2005 than occurred in any other continent merce, extend governance, and provide op- 2005, the United Nations summit scheduled during that period, and the countries of Afri- portunities for education, healthcare, invest- for September 2005, and the Sixth Ministerial ca must engage on the individual, national, ment and growth. Conference of the World Trade Organization and regional level to prevent and manage (F) Donors and the governments of the scheduled for December 2005. conflict. countries of Africa should devote substantial (D) The capacity to trade is constrained by investment in the men and women of Africa SEC. 5. REPORT. a derelict or nonexistent infrastructure in through the education and health sectors, (a) REQUIREMENT.—Not later than 60 days most African countries as well as by the dou- enabling and extending recent gains made to after the date of the conclusion of the World ble-edged sword of tariff and nontariff bar- reach far more broadly into remote regions. Trade Organization Ministerial meeting in riers to trade that complicate markets and (G) The public sector should actively en- Hong Kong that is scheduled to be held De- discourage investment both within and be- gage the private sector in driving growth cember 13 through December 18, 2005, the yond the continent. through partnerships by reforming the laws, Secretary of State in consultation with (E) The local resources for investment in bureaucracy, and infrastructure necessary to other appropriate United States and inter- people and the institutions necessary for maintain a climate that fosters investment national agencies shall submit a report to good governance have been squandered, mis- by developing public-private centers of excel- the appropriate congressional committees on appropriated, and, to an increasingly dev- lence to pursue such reforms. the progress the international community is astating effect, spent on servicing debt to (H) The countries of Africa must maximize making toward achieving the Millennium the developed world. Such resources should the participation of women in both business Development Goals. be reoriented to serve the needs of the people and government, protect the rights of (b) CONTENT.—The report required by sub- through the use of debt forgiveness and sup- women, and work to increase the number of section (a) shall include the following: port for institutional reform and internal ca- women in leadership positions so as to cap- (1) A review of the commitments made by pacity building. italize on the ability of women to deliver the United States and other members of the (F) Failing to prevent conflict in Africa re- scarce resources effectively and fairly. international community at the summit of sults in incalculable costs to African devel- (I) The international community must the Group of Eight scheduled for July 2005, opment and expense to the international work together to dismantle trade barriers, the United Nations summit scheduled for community and the investment in pre- including the immediate elimination of September 2005, and the Sixth Ministerial venting conflict is a fraction of such costs trade-distorting commodity support. Conference of the World Trade Organization and expenses, in human, security, and finan- (J) International donors should strengthen scheduled for December 2005, that pertain to cial terms. multilateral institutions in Africa to re- the ability of the developing world to (G) Despite difficulties, there is optimism spond appropriately to local and regional achieve the Millennium Development Goals. and energy reflected in the scope of activi- crises as well as to promote economic devel- (2) A review of United States policies and ties of individuals such as 2004 Nobel Peace opment and ensure the people of Africa are progress toward achieving the Millennium

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7433 Development Goals by 2015, as well as poli- demonstration project for the collec- 150,000 new cord blood stem cell units cies to provide continued leadership in tion and storage of cord blood units for that reflects the diversity of the achieving such goals by 2015. a family in which a child has been diag- United States’ population. In conjunc- (3) An evaluation of the contributions of nosed with a condition that will benefit tion with the five million potential other national and international actors in achieving the Millennium Development from a cord blood transplant at no cost bone marrow donors registered through Goals by 2015. to the family. When we were meeting the National Marrow Donor Program, (4) An assessment of the likelihood that with individuals interested in this leg- this cord blood network will enable 95 the Millennium Development Goals will be islation, we were told by scientific ex- percent of Americans to receive an ap- achieved. perts that the most successful cord propriately matched transplant. blood transplants come from a sibling’s The Bone Marrow and Cord Blood By Mr. HATCH (for himself, Mr. cord blood. Once a cord blood unit is Therapy and Research Act of 2005 also DODD, Mr. BURR, Mr. REED, and put in a public cord blood bank, there incorporates recommendations from Mr. ENSIGN): is no guarantee that a family will be the Institute of Medicine’s recent re- S. 1317. A bill to provide for the col- able to get that specific cord blood unit port on cord blood. The Institute pro- lection and maintenance of cord blood back if it is needed. Therefore, we be- vided Congress with guidelines and rec- units for the treatment of patients and lieved that it was necessary to create ommendations to enhance the struc- research, and to amend the Public this demonstration project so that ture, function, and utility of the pro- Health Service Act to authorize the families would have immediate access gram. As a result, I am confident that Bone Marrow and Cord Blood Cell to its cord blood units. It is important this Nation’s system for obtaining Transplantation Program to increase to emphasize that the only families adult stem cells for transplantation the number of transplants for recipi- that may participate in this dem- purposes will improve dramatically, ents suitable matched to donors of onstration project are those that have and that many more of our citizens bone marrow and cord blood; to the a sick child or parent. will have access to the life-saving Committee on Health, Education, In addition, this legislation includes therapies they offer. Through trans- Labor, and Pensions. language calling for single point of ac- plants of this nature, we can finally Mr. HATCH. Mr. President, today, I cess. The purpose of a single point of cure previously incurable diseases such am pleased to introduce ‘‘The Bone access is to provide health care pro- as sickle cell anemia. It is my hope Marrow and Cord Blood Therapy and viders with the ability to search for that this legislation will help us ensure Research Act of 2005.’’ I am grateful bone marrow donors and cord blood that children with this and other ill- that Senators DODD, BURR, REED and units through a single electronic point nesses will be able to achieve their full ENSIGN have joined me as sponsors of of access. Today, doctors have to potential, unhindered by poor health. this important, bipartisan bill. All five search several places in order to find sponsors of this bill have been working My goal, which I share with the other available cord blood units and bone sponsors of this bill, is to create the on this legislation for the past few marrow donors. A single point of access months. We have met with organiza- best possible system to provide pa- improves this process dramatically for tients, clinicians, and families with actions that are deeply interested in par- both doctor and patient by making the ticipating in this new program and cess to these life-saving treatments. I search process much more efficient. believe the current bill does this by en- heard their input. We talked to other There is strong, bipartisan interest suring that the number of bone marrow Senators, including members of the throughout the Congress for using donors and cord blood units available Senate Health, Education, Labor and adult stem cells to treat a wide variety for transplant and research increases Pension Committee, who have a deep of medical conditions. Our bill not only in the coming years. commitment to getting this legislation reauthorizes the National Marrow signed into law by the President. This Donor Program, but it also creates a The integrated system will include bill was a group effort and I commend national network of public cord blood not only the international bone mar- the sponsors of this bill on a job well banks. Together, these two programs row donor registry, but also a network done. for umbilical cord blood and adult bone of qualified cord blood banks which I am pleased that this legislation will marrow will provide us with a widely- will collect, test, and preserve cord be considered by the Senate HELP accepted source of hematopoietic stem blood stem cells. In addition, the sys- Committee on Wednesday; we are hope- cells for transplant and research. tem will educate and recruit donors, fa- ful it will then be passed by the Senate For several decades, thousands of cilitate the rapid matching of donors in the near future. HELP Chairman Americans have received and been and recipients, and quickly make such ENZI and Ranking Democrat KENNEDY saved by bone marrow transplants. But cells available to transplant centers for and their staffs have been very sup- thousands more die for lack of an ap- stem cell transplantation. portive of our efforts in getting this propriate donor. The good news is that The establishment of a national in- bill through the Senate in a timely research now suggests that the blood frastructure for transplant material manner. I greatly appreciate their will- and stem cells from human placenta will help save the lives of thousands of ingness to work with all of us on this and umbilical cords may in some cases critically ill Americans. We must be important issue. provide an alternative to bone marrow sure that our Nation can meet the As many of my colleagues know, I in- transplantation. For some patients, needs of patients and physicians by en- troduced a bill earlier this year S. 681, particularly those for whom a bone suring a strong future for bone marrow the Cord Blood Stem Cell Act of 2005. I marrow match cannot be found, trans- and cord blood in this country. My pri- have introduced that legislation during plantation of these cells may be a life- mary goal is to ensure that the amount the past three Congresses. The bill I saving therapy. Cord blood stem cells of transplant material available for pa- have introduced with my colleagues are readily available, and they require tient care and research increases in the today is a much improved version of less-stringent matching from donors to coming years. The only way that goal my original cord blood legislation, pri- recipients, thus decreasing the dif- may be accomplished is through strong marily because it reflects a com- ficulty of finding a fully matched federal support. I look forward to promise between the key stakeholder donor. working with my colleagues on doing groups that are deeply interested in Cord blood transplantation has been everything possible to provide trans- providing federal funding to establish used successfully to treat leukemia, plant patients with the best possible cord blood banks for public use. This lymphoma, immunodeficiency diseases, options by ensuring a strong future for legislation creates an easily accessible sickle cell anemia, and certain meta- bone marrow and cord blood transplan- network of adult stem cell transplant bolic diseases. However, the number of tation in this country. This is a good material for the treatment of patients available cord blood stem cell units in bill and I urge my colleagues to sup- and supports the research into the uses the United States is insufficient to port it. of such cells. meet the need. The Bone Marrow and I ask unanimous consent that the One of the biggest changes in this bill Cord Blood Therapy and Research Act text of this bill be printed in the is the establishment of a three year of 2005 will establish an inventory of RECORD.

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7434 CONGRESSIONAL RECORD — SENATE June 27, 2005 There being no objection, the bill was (4) REPORT.—Not later than 90 days after (4) The term ‘‘first-degree relative’’ means ordered to be printed in the RECORD, as the date on which the project under para- a sibling or parent who is one meiosis away follows: graph (1) is terminated by the Secretary, the from a particular individual in a family. Secretary shall submit to Congress a report (5) The term ‘‘qualified cord blood bank’’ S. 1317 on the outcomes of the project that shall in- has the meaning given to that term in sec- Be it enacted by the Senate and House of Rep- clude the recommendations of the Secretary tion 379(c)(4) of the Public Health Service resentatives of the United States of America in with respect to the continuation of such Act, as amended by this Act. Congress assembled, project. (6) The term ‘‘Secretary’’ means the Sec- SECTION 1. SHORT TITLE. (d) APPLICATION.—To seek to enter into a retary of Health and Human Services. This Act may be cited as the ‘‘Bone Mar- contract under this section, a qualified cord (h) AUTHORIZATION OF APPROPRIATIONS.— row and Cord Blood Therapy and Research blood bank shall submit an application to (1) EXISTING FUNDS.—Any amounts appro- Act of 2005’’. the Secretary at such time, in such manner, priated to the Secretary for fiscal year 2004 SEC. 2. CORD BLOOD INVENTORY. and containing such information as the Sec- or 2005 for the purpose of assisting in the col- (a) IN GENERAL.—The Secretary of Health retary may reasonably require. At a min- lection or maintenance of cord blood shall and Human Services shall enter into one- imum, an application for a contract under remain available to the Secretary until the time contracts with qualified cord blood this section shall include a requirement that end of fiscal year 2007. banks to assist in the collection and mainte- the applicant— (2) SUBSEQUENT FISCAL YEARS.—There are nance of 150,000 new units of high-quality (1) will participate in the Bone Marrow and authorized to be appropriated to the Sec- cord blood to be made available for trans- Cord Blood Cell Transplantation Program for retary $15,000,000 for each of fiscal years 2007, plantation through the Bone Marrow and a period of at least 10 years; 2008, 2009, and 2010 to carry out this section. Cord Blood Cell Transplantation Program (2) will make cord blood units collected (3) LIMITATION.—Not to exceed 5 percent of and to carry out the requirements of sub- pursuant to this section available through the amount appropriated under this section section (b). the Bone Marrow and Cord Blood Cell Trans- in each of fiscal years 2007 through 2009 may (b) REQUIREMENTS.—The Secretary shall re- plantation Program in perpetuity; and quire each recipient of a contract under this be used to carry out the demonstration (3) if the Secretary determines through an project under subsection (c). section— assessment, or through petition by the appli- (1) to acquire, tissue-type, test, SEC. 3. BONE MARROW AND CORD BLOOD CELL cant, that a cord blood bank is no longer TRANSPLANTATION PROGRAM. cryopreserve, and store donated units of cord operational or does not meet the require- (a) NATIONAL PROGRAM.—Section 379 of the blood acquired with the informed consent of ments of section 379(c)(4) of the Public Public Health Service Act (42 U.S.C. 274k) is the donor in a manner that complies with Health Service Act (as added by this Act) amended to read as follows: applicable Federal and State regulations; and as a result may not distribute the units, (2) to encourage donation from a geneti- transfer the units collected pursuant to this ‘‘SEC. 379. NATIONAL PROGRAM. cally diverse population; section to another qualified cord blood bank ‘‘(a) ESTABLISHMENT.—The Secretary, act- (3) to make cord blood units that are col- approved by the Secretary to ensure contin- ing through the Administrator of the Health lected pursuant to this section or otherwise ued availability of cord blood units. Resources and Services Administration, and meet all applicable Federal standards (e) DURATION OF CONTRACTS.— shall by one or more contracts establish and available to transplant centers for transplan- (1) IN GENERAL.—Except as provided in maintain a Bone Marrow and Cord Blood Cell tation; paragraph (2), the term of each contract en- Transplantation Program (referred to in this (4) to make cord blood units that are col- tered into by the Secretary under this sec- section as the ‘Program’) that has the pur- lected, but not appropriate for clinical use, tion shall be for 10 years. The Secretary pose of increasing the number of transplants available for peer-reviewed research; shall ensure that Federal funds provided for recipients suitably matched to bio- (5) to make data available, as required by under any such contract terminate on the logically unrelated donors of bone marrow the Secretary and consistent with section earlier of— and cord blood, and that meets the require- 379(c)(3) of the Public Health Service Act (42 (A) the date that is 3 years after the date ments of this section. The Secretary may U.S.C. 274k(c)(3)), as amended by this Act, in on which the contract is entered into; or award a separate contract to perform each of a standardized electronic format, as deter- (B) September 30, 2010. the major functions of the Program de- mined by the Secretary, for the Bone Mar- (2) EXTENSIONS.—Subject to paragraph scribed in paragraphs (1) and (2) of sub- row and Cord Blood Cell Transplantation (1)(B), the Secretary may extend the period section (c) if deemed necessary by the Sec- Program; and of funding under a contract under this secretary to operate an effective and efficient (6) to submit data in a standardized election to exceed a period of 3 years if— system that is in the best interest of pa- tronic format for inclusion in the stem cell (A) the Secretary finds that 150,000 new tients. The Secretary shall conduct a sepa- therapeutic outcomes database maintained units of high-quality cord blood have not yet rate competition for the initial establish- under section 379A of the Public Health Serv- been collected pursuant to this section; and ment of the cord blood functions of the Pro- ice Act, as amended by this Act. (B) the Secretary does not receive an appli- gram. The Program shall be under the gen- (c) RELATED CORD BLOOD DONORS.— cation for a contract under this section from eral supervision of the Secretary. The Sec- (1) IN GENERAL.—The Secretary shall estab- any qualified cord blood bank that has not retary shall establish an Advisory Council to lish a 3-year demonstration project under previously entered into a contract under this advise, assist, consult with, and make rec- which qualified cord blood banks receiving a section or the Secretary determines that the ommendations to the Secretary on matters contract under this section may use a por- outstanding inventory need cannot be met related to the activities carried out by the tion of the funding under such contract for by the one or more qualified cord blood Program. The members of the Advisory the collection and storage of cord blood units banks that have submitted an application for Council shall be appointed in accordance for a family where a first-degree relative has a contract under this section. with the following: been diagnosed with a condition that will (3) PREFERENCE.—In considering contract ‘‘(1) Each member of the Advisory Council benefit from transplantation (including se- extensions under paragraph (2), the Sec- shall serve for a term of 2 years, and each lected blood disorders, malignancies, meta- retary shall give preference to qualified cord such member may serve as many as 3 con- bolic storage disorders, hemoglobinopathies, blood banks that the Secretary determines secutive 2-year terms, except that and congenital immunodeficiencies) at no have demonstrated a superior ability to sat- ‘‘(A) such limitations shall not apply to cost to such family. Qualified cord blood isfy the requirements described in subsection the Chair of the Advisory Council (or the banks collecting cord blood units under this (b) and to achieve the overall goals for which Chair-elect) or to the member of the Advi- paragraph shall comply with the require- the contract was awarded. sory Council who most recently served as the ments of paragraphs (1), (2), (3), and (5) of (f) REGULATIONS.—The Secretary may pro- Chair; and subsection (b). mulgate regulations to carry out this sec- ‘‘(B) 1 additional consecutive 2-year term (2) AVAILABILITY.—Qualified cord blood tion. may be served by any member of the Advi- banks that are operating a program under (g) DEFINITIONS.—In this section: sory Council who has no employment, gov- paragraph (1) shall provide assurances that (1) The term ‘‘Bone Marrow and Cord Blood ernance, or financial affiliation with any the cord blood units in such banks will be Cell Transplantation Program’’ means the donor center, recruitment organization, available for directed transplantation until Bone Marrow and Cord Blood Cell Transplan- transplant center, or cord blood bank. such time that the cord blood unit is re- tation Program under section 379 of the Pub- ‘‘(2) A member of the Advisory Council leased for transplantation or is transferred lic Health Service Act, as amended by this may continue to serve after the expiration of by the family to the Bone Marrow and Cord Act. the term of such member until a successor is Blood Cell Transplantation Program in ac- (2) The term ‘‘cord blood donor’’ means a appointed. cordance with guidance or regulations pro- mother who has delivered a baby and con- ‘‘(3) In order to ensure the continuity of mulgated by the Secretary. sents to donate the neonatal blood remain- the Advisory Council, the Advisory Council (3) INVENTORY.—Cord blood units collected ing in the placenta and umbilical cord after shall be appointed so that each year the through the program under this section shall separation from the newborn baby. terms of approximately one-third of the not be counted toward the 150,000 inventory (3) The term ‘‘cord blood unit’’ means the members of the Advisory Council expire. goal under the Bone Marrow and Cord Blood neonatal blood collected from the placenta ‘‘(4) The membership of the Advisory Coun- Cell Transplantation Program. and umbilical cord of a single newborn baby. cil—

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‘‘(A) shall include as voting members a bal- ‘‘(E) carry out informational and edu- ‘‘(3) SINGLE POINT OF ACCESS; SUBMISSION OF anced number of representatives including cational activities in accordance with sub- DATA.— representatives of marrow donor centers and section (d); ‘‘(A) SINGLE POINT OF ACCESS.—The Sec- marrow transplant centers, representatives ‘‘(F) at least annually update information retary shall ensure that health care profes- of cord blood banks and participating birth- to account for changes in the status of indi- sionals and patients are able to, at a mining hospitals, recipients of a bone marrow viduals as potential donors of bone marrow; imum, locate, consistent with the functions transplant, recipients of a cord blood trans- ‘‘(G) provide for a system of patient advo- described in paragraphs (1)(A) and (2)(A), plant, persons who require such transplants, cacy through the office established under cells from bone marrow donors and cord family members of such a recipient or family subsection (g); blood units through a single electronic point members of a patient who has requested the ‘‘(H) provide case management services for of access. assistance of the Program in searching for any potential donor of bone marrow to whom ‘‘(B) STANDARD DATA.—The Secretary shall an unrelated donor of bone marrow or cord the Program has provided a notice that the require all recipients of contracts under this blood, persons with expertise in bone marrow potential donor may be suitably matched to section to make available a standard dataset and cord blood transplantation, persons with a particular patient through the office estab- for purposes of subparagraph (A) in a stand- expertise in typing, matching, and trans- lished under subsection (g); ardized electronic format the enables transplant outcome data analysis, persons with ‘‘(I) with respect to searches for unrelated plant physicians to compare among and be- expertise in the social sciences, basic sci- donors of bone marrow that are conducted tween bone marrow donors and cord blood entists with expertise in the biology of adult through the system under subparagraph (A), units to ensure the best possible match for stem cells, and members of the general pub- collect, analyze, and publish data in a stand- the patient. lic; and ardized electronic format on the number and ‘‘(4) DEFINITION.—The term ‘qualified cord ‘‘(B) shall include as nonvoting members percentage of patients at each of the various blood bank’ means a cord blood bank that— representatives from the Department of De- stages of the search process, including data ‘‘(A) has obtained all applicable Federal fense Marrow Donor Recruitment and Re- regarding the furthest stage reached, the and State licenses, certifications, registra- search Program operated by the Department number and percentage of patients who are tions (including pursuant to the regulations of the Navy, the Division of Transplantation unable to complete the search process, and of the Food and Drug Administration), and of the Health Resources and Services Admin- the reasons underlying such circumstances; other authorizations required to operate and istration, the Food and Drug Administra- ‘‘(J) support studies and demonstration maintain a cord blood bank; tion, and the National Institutes of Health. and outreach projects for the purpose of in- ‘‘(B) has implemented donor screening, ‘‘(5) Members of the Advisory Council shall creasing the number of individuals who are cord blood collection practices, and proc- be chosen so as to ensure objectivity and bal- willing to be marrow donors to ensure a ge- essing methods intended to protect the ance and reduce the potential for conflicts of netically diverse donor pool; and health and safety of donors and transplant interest. The Secretary shall establish by- ‘‘(K) facilitate and support research to im- recipients to improve transplant outcomes, laws and procedures— prove the availability, efficiency, safety, and including with respect to the transmission of ‘‘(A) to prohibit any member of the Advi- cost of transplants from unrelated donors potentially harmful infections and other dis- sory Council who has an employment, gov- and the effectiveness of Program operations. eases; ORD BLOOD FUNCTIONS.—With respect ernance, or financial affiliation with a donor ‘‘(2) C ‘‘(C) is accredited by an accreditation enti- center, recruitment organization, transplant to cord blood, the Program shall— ty recognized by the Secretary under sub- center, or cord blood bank from partici- ‘‘(A) operate a system for listing, search- section (b); pating in any decision that materially af- ing, and facilitating the distribution of do- ‘‘(D) has established a system of strict con- fects the center, recruitment organization, nated cord blood units that are suitably fidentiality to protect the identity and pri- transplant center, or cord blood bank; and matched to candidate patients and meet all vacy of patients and donors in accordance ‘‘(B) to limit the number of members of the applicable Federal and State regulations (in- with existing Federal and State law; Advisory Council with any such affiliation. cluding informed consent and Food and Drug ‘‘(E) has established a system for encour- ‘‘(6) The Secretary, acting through the Ad- Administration regulations) from a qualified aging donation by a genetically diverse visory Council, shall submit to the Con- cord blood bank; group of donors; and gress— ‘‘(B) consistent with paragraph (3), allow ‘‘(F) has established a system to confiden- ‘‘(A) an annual report on the activities car- transplant physicians, other appropriate tially maintain linkage between a cord blood ried out under this section; and health care professionals, and patients to unit and a maternal donor. ‘‘(B) not later than 6 months after the date search by means of electronic access all of the enactment of the Bone Marrow and available cord blood units made available ‘‘(d) BONE MARROW RECRUITMENT; PRIOR- Cord Blood Therapy and Research Act of through the Program; ITIES; INFORMATION AND EDUCATION.— 2005, a report of recommendations on the sci- ‘‘(C) allow transplant physicians and other ‘‘(1) RECRUITMENT; PRIORITIES.—The Pro- entific factors necessary to define a cord appropriate health care professionals to re- gram shall carry out activities for the re- blood unit as a high-quality unit. serve, as defined by the Secretary, a cord cruitment of bone marrow donors. Such re- ‘‘(b) ACCREDITATION.—The Secretary shall, blood unit for transplantation; cruitment program shall identify popu- through a public process, recognize one or ‘‘(D) support studies and demonstration lations that are underrepresented among po- more accreditation entities for the accredi- and outreach projects for the purpose of in- tential donors enrolled with the Program. In tation of cord blood banks. creasing cord blood donation to ensure a ge- the case of populations that are identified ‘‘(c) FUNCTIONS.— netically diverse collection of cord blood under the preceding sentence: ‘‘(1) BONE MARROW FUNCTIONS.—With re- units; ‘‘(A) The Program shall give priority to spect to bone marrow, the Program shall— ‘‘(E) provide for a system of patient advo- carrying out activities under this part to in- ‘‘(A) operate a system for listing, search- cacy through the office established under crease representation for such populations in ing, and facilitating the distribution of bone subsection (g); order to enable a member of such a popu- marrow that is suitably matched to can- ‘‘(F) coordinate with the qualified cord lation, to the extent practicable, to have a didate patients; blood banks to carry out informational and probability of finding a suitable unrelated ‘‘(B) consistent with paragraph (3), permit educational activities in accordance with donor that is comparable to the probability transplant physicians, other appropriate subsection (f); that an individual who is not a member of an health care professionals, and patients to ‘‘(G) maintain and expand medical contin- underrepresented population would have. search by means of electronic access all gency response capabilities, in coordination ‘‘(B) The Program shall consider racial and available bone marrow donors listed in the with Federal programs, to prepare for and re- ethnic minority groups (including persons of Program; spond effectively to biological, chemical, or mixed ancestry) to be populations that have ‘‘(C) carry out a program for the recruit- radiological attacks, and other public health been identified for purposes of this para- ment of bone marrow donors in accordance emergencies that can damage marrow, so graph, and shall carry out subparagraph (A) with subsection (d), including with respect to that the capability of supporting patients with respect to such populations. increasing the representation of racial and with marrow damage from disease can be ‘‘(2) INFORMATION AND EDUCATION REGARD- ethnic minority groups (including persons of used to support casualties with marrow dam- ING RECRUITMENT; TESTING AND ENROLL- mixed ancestry) in the enrollment of the age; and MENT.— Program; ‘‘(H) with respect to the system under sub- ‘‘(A) IN GENERAL.—The Program shall carry ‘‘(D) maintain and expand medical contin- paragraph (A), collect, analyze, and publish out informational and educational activities, gency response capabilities, in coordination data in a standardized electronic format, as in coordination with organ donation public with Federal programs, to prepare for and re- required by the Secretary, on the number awareness campaigns operated through the spond effectively to biological, chemical, or and percentage of patients at each of the Department of Health and Human Services, radiological attacks, and other public health various stages of the search process, includ- for purposes of recruiting individuals to emergencies that can damage marrow, so ing data regarding the furthest stage serve as donors of bone marrow, and shall that the capability of supporting patients reached, the number and percentage of pa- test and enroll with the Program potential with marrow damage from disease can be tients who are unable to complete the search bone marrow donors. Such information and used to support casualties with marrow dam- process, and the reasons underlying such cir- educational activities shall include the fol- age; cumstances. lowing:

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7436 CONGRESSIONAL RECORD — SENATE June 27, 2005 ‘‘(i) Making information available to the lation, to the extent practicable, to have a ‘‘(E) In carrying out subparagraph (D), the general public, including information de- probability of finding a suitable cord blood Office shall monitor the system under para- scribing the needs of patients with respect to unit that is comparable to the probability graphs (1) and (2) of subsection (c) to deter- donors of bone marrow. that an individual who is not a member of an mine whether the search needs of the patient ‘‘(ii) Educating and providing information underrepresented population would have. involved are being met, including with re- to individuals who are willing to serve as po- ‘‘(B) The Program shall consider racial and spect to the following: tential bone marrow donors. ethnic minority groups (including persons of ‘‘(i) Periodically providing to the patient ‘‘(iii) Training individuals in requesting in- mixed ancestry) to be populations that have (or an individual acting on behalf of the pa- dividuals to serve as potential bone marrow been identified for purposes of this para- tient) information regarding bone marrow donors. graph, and shall support activities under donors or cord blood units that are suitably ‘‘(B) PRIORITIES.—In carrying out informa- subparagraph (A) with respect to such popu- matched to the patient, and other informational and educational activities under sub- lations. tion regarding the progress being made in paragraph (A), the Program shall give pri- ‘‘(2) INFORMATION AND EDUCATION REGARD- the search. ority to recruiting individuals to serve as do- ING RECRUITMENT; TESTING AND DONATION.— ‘‘(ii) Informing the patient (or such other nors of bone marrow for populations that are ‘‘(A) IN GENERAL.—In carrying out the re- individual) if the search has been interrupted identified under paragraph (1). cruitment program under paragraph (1), the or discontinued. ‘‘(3) TRANSPLANTATION AS TREATMENT OP- Program shall support informational and ‘‘(iii) Identifying and resolving problems in TION.—In addition to activities regarding re- educational activities in coordination with the search, to the extent practicable. cruitment, the recruitment program under qualified cord blood banks and organ dona- ‘‘(F) The Office shall ensure that the fol- paragraph (1) shall provide information to tion public awareness campaigns operated lowing data are made available to patients: physicians, other health care professionals, through the Department of Health and ‘‘(i) The resources available through the and the public regarding bone marrow trans- Human Services, for purposes of recruiting Program. plants from unrelated donors as a treatment pregnant women to serve as donors of cord ‘‘(ii) A comparison of transplant centers option. blood. Such information and educational ac- regarding search and other costs that prior ‘‘(4) IMPLEMENTATION OF SUBSECTION.—The tivities shall include the following: to transplantation are charged to patients requirements of this subsection shall be car- ‘‘(i) Making information available to the by transplant centers. ried out by the entity that has been awarded general public, including information de- ‘‘(iii) The post-transplant outcomes for in- a contract by the Secretary under subsection scribing the needs of patients with respect to dividual transplant centers. (a) to carry out the functions described in cord blood units. ‘‘(iv) Information concerning issues that subsection (c)(1). ‘‘(ii) Educating and providing information patients may face after a transplant. ‘‘(e) BONE MARROW CRITERIA, STANDARDS, to pregnant women who are willing to do- ‘‘(v) Such other information as the Pro- AND PROCEDURES.—The Secretary shall en- nate cord blood units. gram determines to be appropriate. force, for participating entities, including ‘‘(iii) Training individuals in requesting ‘‘(G) The Office shall conduct surveys of the Program, individual marrow donor cen- patients (or family members, physicians, or ters, marrow donor registries, marrow col- pregnant women to serve as cord blood do- other individuals acting on behalf of pa- lection centers, and marrow transplant cen- nors. tients) to determine the extent of satisfac- ters— ‘‘(B) PRIORITIES.—In carrying out information with the system for patient advocacy ‘‘(1) quality standards and standards for tional and educational activities under sub- under this subsection, and to identify ways tissue typing, obtaining the informed con- paragraph (A), the Program shall give pri- in which the system can be improved to best sent of donors, and providing patient advo- ority to supporting the recruitment of preg- meet the needs of patients. cacy; nant women to serve as donors of cord blood ‘‘(3) CASE MANAGEMENT.— ‘‘(2) donor selection criteria, based on es- for populations that are identified under ‘‘(A) IN GENERAL.—In serving as an advo- tablished medical criteria, to protect both paragraph (1). cate for a patient under paragraph (2), the the donor and the recipient and to prevent ‘‘(3) TRANSPLANTATION AS TREATMENT OP- Office shall provide individualized case man- the transmission of potentially harmful in- TION.—In addition to activities regarding re- agement services directly to the patient (or fectious diseases such as the viruses that cruitment, the recruitment program under family members, physicians, or other indi- cause hepatitis and the etiologic agent for paragraph (1) shall provide information to viduals acting on behalf of the patient), in- Acquired Immune Deficiency Syndrome; physicians, other health care professionals, cluding— ‘‘(3) procedures to ensure the proper collec- and the public regarding cord blood trans- ‘‘(i) individualized case assessment; and tion and transportation of the marrow; plants from donors as a treatment option. ‘‘(ii) the functions described in paragraph ‘‘(4) standards for the system for patient ‘‘(4) IMPLEMENTATION OF SUBSECTION.—The (2)(D) (relating to progress in the search advocacy operated under subsection (g), in- requirements of this subsection shall be car- process). cluding standards requiring the provision of ried out by the entity that has been awarded ‘‘(B) POSTSEARCH FUNCTIONS.—In addition appropriate information (at the start of the a contract by the Secretary under subsection to the case management services described search process and throughout the process) (a) to carry out the functions described in in paragraph (1) for patients, the Office shall, to patients and their families and physi- subsection (c)(2). on behalf of patients who have completed the cians; ‘‘(g) PATIENT ADVOCACY AND CASE MANAGE- search for a bone marrow donor or cord blood ‘‘(5) standards that— MENT FOR BONE MARROW AND CORD BLOOD.— unit, provide information and education on ‘‘(A) require the establishment of a system ‘‘(1) IN GENERAL.—The Secretary shall es- the process of receiving a transplant, includ- of strict confidentiality of records relating tablish and maintain, through a contract or ing the post-transplant process. to the identity, address, HLA type, and man- other means determined appropriate by the ‘‘(h) COMMENT PROCEDURES.—The Sec- Secretary, an office of patient advocacy (in aging marrow donor center for marrow do- retary shall establish and provide informa- this subsection referred to as the ‘Office’). nors and potential marrow donors; and tion to the public on procedures under which ‘‘(2) GENERAL FUNCTIONS.—The Office shall ‘‘(B) prescribe the purposes for which the the Secretary shall receive and consider records described in subparagraph (A) may meet the following requirements: comments from interested persons relating be disclosed, and the circumstances and ex- ‘‘(A) The Office shall be headed by a direc- to the manner in which the Program is car- tent of the disclosure; and tor. rying out the duties of the Program. ‘‘(6) in the case of a marrow donor center ‘‘(B) The Office shall be staffed by individ- ‘‘(i) CONSULTATION.—In developing policies or marrow donor registry participating in uals with expertise in bone marrow and cord affecting the Program, the Secretary shall the program, procedures to ensure the estab- blood therapy covered under the Program. consult with the Advisory Council, the De- lishment of a method for integrating donor ‘‘(C) The Office shall operate a system for partment of Defense Marrow Donor Recruit- files, searches, and general procedures of the patient advocacy, which shall be separate ment and Research Program operated by the center or registry with the Program. from mechanisms for donor advocacy, and Department of the Navy, and the board of di- ‘‘(f) CORD BLOOD RECRUITMENT; PRIORITIES; which shall serve patients for whom the Pro- rectors of each entity awarded a contract INFORMATION AND EDUCATION.— gram is conducting, or has been requested to under this section. ‘‘(1) RECRUITMENT; PRIORITIES.—The Pro- conduct, a search for a bone marrow donor or ‘‘(j) CONTRACTS.— gram shall support activities, in cooperation cord blood unit. ‘‘(1) APPLICATION.—To be eligible to enter with qualified cord blood banks, for the re- ‘‘(D) In the case of such a patient, the Of- into a contract under this section, an entity cruitment of cord blood donors. Such re- fice shall serve as an advocate for the pa- shall submit to the Secretary and obtain ap- cruitment program shall identify popu- tient by directly providing to the patient (or proval of an application at such time, in lations that are underrepresented among family members, physicians, or other indi- such manner, and containing such informa- cord blood donors. In the case of populations viduals acting on behalf of the patient) indi- tion as the Secretary shall by regulation pre- that are identified under the preceding sen- vidualized services with respect to effi- scribe. tence: ciently utilizing the system under para- ‘‘(2) CONSIDERATIONS.—In awarding con- ‘‘(A) The Program shall give priority to graphs (1) and (2) of subsection (c) to conduct tracts under this section, the Secretary shall supporting activities under this part to in- an ongoing search for a bone marrow donor give consideration to the continued safety of crease representation for such populations in or cord blood unit and assist with informa- donors and patients and other factors order to enable a member of such a popu- tion regarding third party payor matters. deemed appropriate by the Secretary.

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7437 ‘‘(k) ELIGIBILITY.—Entities eligible to re- ‘‘(3) The term ‘outcomes database’ means recent development, but one that is ceive a contract under this section shall in- the database established by the Secretary just as promising and exciting. clude private nonprofit entities. under section 379A. The bill that we are introducing ‘‘(l) RECORDS.— ‘‘(4) The term ‘Program’ means the Bone today will begin a new national com- ‘‘(1) RECORDKEEPING.—Each recipient of a Marrow and Cord Blood Cell Transplantation mitment to the development of this contract or subcontract under subsection (a) Program established under section 379.’’. shall keep such records as the Secretary (d) AUTHORIZATION OF APPROPRIATIONS.— technology which has the potential to shall prescribe, including records that fully Section 379B of the Public Health Service reduce pain and suffering and save the disclose the amount and disposition by the Act (42 U.S.C. 274m) is amended to read as lives of so many Americans afflicted recipient of the proceeds of the contract, the follows: with some of the most debilitating ill- total cost of the undertaking in connection ‘‘SEC. 379B. AUTHORIZATION OF APPROPRIA- nesses. Cord blood has already been with which the contract was made, and the TIONS. used successfully in treating a number amount of the portion of the cost of the un- ‘‘For the purpose of carrying out this part, of diseases, including sickle cell ane- dertaking supplied by other sources, and there are authorized to be appropriated mia and certain childhood cancers. such other records as will facilitate an effec- $34,000,000 for fiscal year 2006 and $38,000,000 tive audit. for each of fiscal years 2007 through 2010.’’. However, the use of cord blood is still ‘‘(2) EXAMINATION OF RECORDS.—The Sec- (e) CONFORMING AMENDMENTS.—Part I of in an early stage relative to the use of retary and the Comptroller General of the title III of the Public Health Service Act (42 bone marrow, and may have even United States shall have access to any U.S.C. 274k et seq.) is amended in the part broader application in the II future. books, documents, papers, and records of the heading, by striking ‘‘NATIONAL BONE Like many Americans, I had never recipient of a contract or subcontract en- MARROW DONOR REGISTRY’’ and inserting heard of cord blood before the birth of tered into under this section that are perti- ‘‘ BONE MARROW AND CORD BLOOD CELL my first daughter, almost 4 years ago. nent to the contract, for the purpose of con- TRANSPLANTATION PROGRAM’’. ducting audits and examinations. It is not widely used—at least in this SEC. 4. REPORT ON LICENSURE OF CORD BLOOD country. Approximately 95 percent of ‘‘(m) PENALTIES FOR DISCLOSURE.—Any per- UNITS. son who discloses the content of any record Not later than 90 days after the date of en- all bone marrow reconstitutions are referred to in subsection (c)(4)(D) or (e)(5)(A) actment of this Act, the Secretary of Health done using a bone marrow transplant— without the prior written consent of the and Human Services, in consultation with only 5 percent use cord blood. This fig- donor or potential donor with respect to the Commissioner of Food and Drugs, shall ure is surprising when we consider the whom the record is maintained, or in viola- submit to Congress a report concerning the benefits of cord blood. tion of the standards described in subsection progress made by the Food and Drug Admin- First, it can be very difficult to find (e)(5)(B), shall be imprisoned for not more istration in developing requirements for the a suitable bone marrow donor. Accord- than 2 years or fined in accordance with title licensing of cord blood units. 18, United States Code, or both.’’. ing to a General Accounting Office, (b) STEM CELL THERAPEUTIC OUTCOMES Mr. DODD. Mr. President, I am GAO, report, of the 15,231 individuals DATABASE.—Section 379A of the Public pleased to join Senator HATCH, Senator needing bone marrow transplants be- Health Service Act (42 U.S.C. 274l) is amend- BURR, Senator REED, and Senator EN- tween 1997 and 2000 who conducted a ed to read as follows: SIGN in introducing legislation that preliminary search of the National ‘‘SEC. 379A. STEM CELL THERAPEUTIC OUT- will significantly benefit some of the Bone Marrow Donor Registry, NBMDR, COMES DATABASE. most gravely ill patients—those in ‘‘(a) ESTABLISHMENT.—The Secretary shall only 4,056 received a transplant—a 27 by contract establish and maintain a sci- need of a blood stem cell transplant. percent success rate. This number is entific database of information relating to By reauthorizing the national program even lower for minorities. Cord blood patients who have been recipients of a stem for bone marrow, creating a similar would not only produce an additional cell therapeutics product (including bone program for umbilical cord blood, and source of donation; it also does not re- marrow, cord blood, or other such product) expanding the national stockpile of quire as exact a genetic match as bone from a donor. umbilical cord blood units, this legisla- marrow. ‘‘(b) INFORMATION.—The outcomes database tion will dramatically increase the In addition, cord blood is readily shall include information in a standardized electronic format with respect to patients chances that patients in need of a life- available. While it can take months be- described in subsection (a), diagnosis, trans- saving transplant will be able to find tween finding a bone marrow match plant procedures, results, long-term follow- an appropriate genetic match. and actually receiving a transplant, a up, and such other information as the Sec- The bill that we are introducing unit of cord blood can be utilized in a retary determines to be appropriate, to con- today is similar to legislation that matter of days or weeks. Cord blood duct an ongoing evaluation of the scientific Senator HATCH and I introduced earlier also lowers the risk of complications and clinical status of transplantation involv- this year to create a national network for both the donor and the recipient. ing recipients of a stem cell therapeutics of cord blood banks and a cord blood The need to extract bone marrow from product from a donor. ‘‘(c) ANNUAL REPORT ON PATIENT OUT- registry. However, there are two im- the donor is eliminated, and the risk of COMES.—The Secretary shall require the en- portant differences. First, this legisla- infection or rejection by the recipient tity awarded a contract under this section to tion is consistent with recommenda- is significantly reduced. Finally, re- submit to the Secretary an annual report tions made by the Institute of Medi- search has suggested that cord blood concerning patient outcomes with respect to cine, IOM, in their recent report, ‘‘Cord might produce better outcomes than each transplant center, based on data col- Blood: Establishing a National bone morrow in children. lected and maintained by the entity pursu- Hematopoietic Stem Cell Bank Pro- Why then, given all of these benefits, ant to this section. gram,’’ about the structure of a na- ‘‘(d) PUBLICLY AVAILABLE DATA.—The out- has the use of cord blood not become comes database shall make relevant sci- tional cord blood program. Second, and much more prevalent in the United entific information not containing individ- more importantly, this bill would also States? In Japan, where the use of cord ually identifiable information available to reauthorize the national bone marrow blood in clinical settings is more ad- the public in the form of summaries and data program, and put both bone marrow vanced, nearly half of all transplants sets to encourage medical research and to and cord blood under the auspices of a now use cord blood rather than bone provide information to transplant programs, single national program. This struc- marrow. physicians, patients, entities awarded a con- ture reflects the complimentary nature The relatively infrequent use of cord tract under section 379 donor registries, and cord blood banks.’’. of bone marrow and cord blood, and blood in our country is at least partly (c) DEFINITIONS.—Part I of title III of the will ensure that physicians and pa- attributable to the lack of a national Public Health Service Act (42 U.S.C. 274k et tients can more easily find the best infrastructure for the matching and seq.) is amended by inserting after section possible match for transplantation. distribution of cord blood units. There 379A the following: The therapeutic benefits of bone mar- are a handful of cord blood banks ‘‘SEC. 379A–1. DEFINITIONS. row are well established. Bone marrow around the country doing excellent ‘‘In this part: transplants have been used for nearly work, but there is a much more devel- ‘‘(1) The term ‘Advisory Council’ means half a century to treat patients suf- oped infrastructure for bone marrow. the advisory council established by the Sec- retary under section 379(a)(1). fering from diseases such as leukemia, This is thanks to legislation passed by ‘‘(2) The term ‘bone marrow’ means the Hodgkin’s Disease, sickle cell anemia, Congress in 1986 that established a na- cells found in adult bone marrow and periph- and others. The use of cord blood as an tional registry for bone marrow, which eral blood. alternative to bone marrow is a more this bill would reauthorize. Our bill

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7438 CONGRESSIONAL RECORD — SENATE June 27, 2005 would create a similar infrastructure an umbrella program, aptly called the SA 1023. Mr. DORGAN (for Mrs. BOXER (for for cord blood, operating under the aus- Bone Marrow and Cord Blood Cell herself, Mr. NELSON of Florida, Mrs. CLINTON, pices of a newly established Bone Mar- Transplantation Program. Mr. SCHUMER, Mr. OBAMA, Mr. JEFFORDS, and row and Cord Blood Cell Transplan- Our legislation also captures many of Mr. KERRY)) proposed an amendment to the bill H.R. 2361, supra. tation Program. In addition to con- the key recommendations of the Insti- SA 1024. Mr. DORGAN (for Mrs. FEINSTEIN) necting physicians and patients with a tute of Medicine, IOM, in their April proposed an amendment to the bill H.R. 2361, suitable bone marrow donor or cord 2004 report entitled, ‘‘Cord Blood: Es- supra. blood unit, the program would be re- tablishing a National Hematopoietip SA 1025. Mr. DORGAN (for himself, and Mr. quired to educate the general public Stem Cell Bank Program.’’ The report BINGAMAN) proposed an amendment to the about cord blood and bone marrow, and called for a stepped up effort to expand bill H.R. 2361, supra. encourage an ethnically diverse popu- the inventory of cord blood units avail- SA 1026. Mr. SUNUNU (for himself, Mr. BINGAMAN, Mr. MCCAIN, and Mr. FEINGOLD) lation of donors. able for transplantation and, when ap- proposed an amendment to the bill H.R. 2361, Our bill would also provide grants to propriate, for research. Our bill estab- supra. qualified cord blood banks to acquire lishes a grant program for qualified SA 1027. Mr. MCCAIN submitted an amend- 150,000 new cord blood units. This num- cord blood banks to help facilitate ment intended to be proposed by him to the ber is consistent with recommenda- building an inventory of 150,000 new bill H.R. 2361, supra; which was ordered to lie tions made by the IOM, and should be cord blood units. At that level, 95 per- on the table. sufficient to provide a suitable match cent of Americans with a condition SA 1028. Mr. FRIST (for himself and Mr. ALEXANDER) submitted an amendment infor 90 percent of the U.S. population. that can be treated through a cord Finally, the legislation authorizes an tended to be proposed by him to the bill H.R. blood transplant could find a geneti- 2361, supra. appropriation of $15 million for each of cally suitable match. Additionally, the SA 1029. Mr. DORGAN (for Mr. KERRY) pro- fiscal years 2007 through 2010 for the bill establishes an advisory council to posed an amendment to the bill H.R. 2361, cord blood inventory grants, and $186 consult and make recommendations to supra. million over the next 5 years for the es- ensure the efficient and effective oper- SA 1030. Mr. DORGAN (for Mr. BINGAMAN) tablishment and maintenance of the ation of the program. proposed an amendment to the bill H.R. 2361, Bone Marrow and Cord Blood Cell Another important aspect of this bill supra. SA 1031. Mr. DORGAN (for Mr. BINGAMAN) Transplantation Program. is the creation of a demonstration Before finishing today I would like to proposed an amendment to the bill H.R. 2361, project to study cord blood donations supra. make it clear that, just as I believe within families where a first degree SA 1032. Mr. DORGAN (for Mr. DURBIN) that cord blood should act as a com- relative has been I diagnosed with a proposed an amendment to the bill H.R. 2361, plement to, not a replacement for, bone condition that could benefit from a supra. marrow, I also believe that cord blood cord blood transplant. The legislation SA 1033. Mr. ENSIGN submitted an amend- does not eliminate the need for re- sets aside 5 percent of the cord blood ment intended to be proposed by him to the bill H.R. 2361, supra. search into the potential benefits of inventory grants for the collection and embryonic stem cells. Just as cord SA 1034. Mr. CHAMBLISS submitted an storage of cord blood units at no cost amendment intended to be proposed by him blood seems to be preferable to bone to such families. This effort will be to the bill H.R. 2361, supra; which was or- marrow for treating certain individuals beneficial for families who find them- dered to lie on the table. or conditions—and the reverse is cer- selves in the tragic situation of having SA 1035. Mr. DORGAN (for Mr. WYDEN) pro- tainly true as well—the same may a sick child with another child on the posed an amendment to the bill H.R. 2361, prove to be true for embryonic stem way whose cord blood could provide a supra. cells. Certainly, we should provide doc- cure to the sibling. This demonstration SA 1036. Mr. DORGAN (for Mr. REED) proposed an amendment to the bill H.R. 2361, tors with the best tools to help cure program ensures that families will their patients, whether those tools supra. have this treatment option available to SA 1037. Mr. DORGAN (for Mr. REED) pro- come from bone marrow, cord blood, them. posed an amendment to the bill H.R. 2361, embryonic stem cells, or another I believe that the Bone Marrow and supra. source entirely. Cord Blood Transplantation and Re- SA 1038. Mr. SALAZAR proposed an I firmly believe that the strength- search Act of 2005 represents a strong amendment to the bill H.R. 2361, supra. ening of our national infrastructure for compromise that upholds the prin- SA 1039. Mr. SALAZAR proposed an bone marrow and the creation of a amendment to the bill H.R. 2361, supra. cipals my colleagues and I held as es- SA 1040. Mr. BURNS (for Mr. BOND) pro- similar infrastructure for cord blood sential in developing a combined bone will save the lives of thousands of posed an amendment to the bill H.R. 2361, marrow and cord blood program. The supra. gravely ill Americans. I urge my col- bill also builds on the many strengths SA 1041. Mr. BURNS (for Mr. CRAIG) pro- leagues to support this legislation. of the National Marrow Donor Pro- posed an amendment to the bill H.R. 2361, Mr. REED. Mr. President, I join my gram, which has facilitated over 20,000 supra. colleagues, Senators ENSIGN, DODD, transplants since its inception and has SA 1042. Mr. WARNER (for Mr. BURNS) proposed an amendment to the bill H.R. 2361, HATCH, and BURR, in introducing the built a donor registry of over 5.5 mil- Bone Marrow and Cord Blood Therapy supra. lion potential donors. SA 1043. Mr. DORGAN (for Mr. FEINGOLD) and Research Act of 2005. This bipar- I urge the support of all of my col- tisan legislation represents a critical proposed an amendment to the bill H.R. 2361, leagues for this bipartisan legislation supra. step forward in expanding access to so that we can send it quickly to the SA 1044. Mr. DORGAN (for Mr. BYRD) pro- lifesaving therapies to millions of pa- President for his signature. posed an amendment to the bill H.R. 2361, tients with conditions that can be supra. f treated and even cured with bone mar- SA 1045. Mr. DORGAN (for Mr. CONRAD) row or cord blood. AMENDMENTS SUBMITTED AND proposed an amendment to the bill H.R. 2361, The bill we are introducing today PROPOSED supra. builds upon the already highly success- SA 1046. Mr. DORGAN (for Mr. SARBANES SA 1020. Mr. COBURN submitted an ful National Marrow Donor Program (for himself, Mr. ALLEN, Mr. WARNER, and amendment intended to be proposed by him Ms. MIKULSKI)) proposed an amendment to that has been in operation since 1987. to the bill H.R. 2361, making appropriations the bill H.R. 2361, supra. In addition to reauthorizing this pro- for the Department of the Interior, environ- SA 1047. Ms. COLLINS (for herself and Ms. gram, our bill calls for the establishment, and related agencies for the fiscal year SNOWE) submitted an amendment intended ment of a formal registry of cord blood ending September 30, 2006, and for other pur- to be proposed by her to the bill H.R. 2361, units available for transplantation and poses. supra; which was ordered to lie on the table. expands to cord blood transplant re- SA 1021. Mr. INHOFE submitted an amend- SA 1048. Mr. SMITH submitted an amend- cipients many of the program’s exist- ment intended to be proposed by him to the ment intended to be proposed by him to the bill H.R. 2361, supra; which was ordered to lie bill H.R. 2361, supra. ing functions, such as donor recruit- on the table. SA 1049. Mr. KYL proposed an amendment ment, education, information, and pa- SA 1022. Mr. BURNS (for Mr. FRIST (for to the bill H.R. 2361, supra. tient advocacy, presently available to himself and Mr. REID)) proposed an amend- SA 1050. Mr. KYL proposed an amendment only bone marrow recipients. It creates ment to the bill H.R. 2361, supra. to the bill H.R. 2361, supra.

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7439 SA 1051. Mr. KYL (for Mr. INHOFE) proposed him to the bill H.R. 2361, making ap- (2) to conduct intentional dosing human an amendment to the bill H.R. 2361, supra. propriations for the Department of the studies for pesticides. SA 1052. Mr. BYRD (for Mrs. MURRAY (for Interior, environment, and related herself, Mr. BYRD, Mrs. FEINSTEIN, and Mr. SA 1024. Mr. DORGAN (for Mrs. FEIN- agencies for the fiscal year ending Sep- AKAKA)) proposed an amendment to the bill STEIN) proposed an amendment to the H.R. 2361, supra. tember 30, 2006, and for other purposes; bill H.R. 2361, making appropriations SA 1053. Mr. BYRD (for himself and Mr. which was ordered to lie on the table; for the Department of the Interior, en- COCHRAN) proposed an amendment to the bill as follows: H.R. 2361, supra. vironment, and related agencies for the On page 200, after line 2, add the following: fiscal year ending September 30, 2006, SA 1054. Mr. DORGAN (for Mr. BINGAMAN) SEC . . None of the funds made available proposed an amendment to the bill H.R. 2361, by this Act may be used by the Adminis- and for other purposes; as follows: supra. trator of the Environmental Protection On page 254, after line 25, add the fol- SA 1055. Mr. DORGAN (for Mr. BINGAMAN) Agency to award assistance agreements to lowing: proposed an amendment to the bill H.R. 2361, national organizations that represent the in- SEC. 4lll. Section 114 of the Department supra. terests of State, tribal, and local govern- of the Interior and Related Agencies Appro- SA 1056. Mr. DORGAN (for Mr. BINGAMAN) ments unless the award is subject to open priations Act, 2003 (16 U.S.C. 460bb–3; Public proposed an amendment to the bill H.R. 2361, competition. Law 108–7), is amended— supra. (1) in the second sentence, by inserting ‘‘, SA 1057. Mr. DORGAN (for Mr. BINGAMAN) SA 1022. Mr. BURNS (for Mr. FRIST including utility expenses of the National proposed an amendment to the bill H.R. 2361, Park Service or lessees of the National Park supra. (for himself and Mr. REID)) proposed an amendment to the bill H.R. 2361, mak- Service’’ after ‘‘Fort Baker properties’’; and SA 1058. Mr. DORGAN (for Mr. BINGAMAN) (2) by inserting between the first and sec- proposed an amendment to the bill H.R. 2361, ing appropriations for the Department ond sentences the following: ‘‘In furtherance supra. of the Interior, environment, and re- of a lease entered into under the first sen- SA 1059. Mr. DORGAN proposed an amend- lated agencies for the fiscal year end- tence, the Secretary of the Interior or a les- ment to the bill H.R. 2361, supra. see may impose fees on overnight lodgers at SA 1060. Mr. DORGAN (for Ms. LANDRIEU) ing September 30, 2006, and for other proposed an amendment to the bill H.R. 2361, purposes; as follows: Fort Baker properties.’’. At the end of title IV, insert the following: supra. SA 1025. Mr. DORGAN (for himself, SA 1061. Mr. DORGAN (for Mr. OBAMA) pro- SEC. ll. CONGRESSIONAL SECURITY RELATING posed an amendment to the bill H.R. 2361, TO CERTAIN REAL PROPERTY. and Mr. BINGAMAN) proposed an amend- supra. (a) IN GENERAL.—Except as provided under ment to the bill H.R. 2361, making ap- SA 1062. Mr. DORGAN (for Mr. OBAMA) pro- subsection (b)— propriations for the Department of the posed an amendment to the bill H.R. 2361, (1) the District of Columbia Board of Zon- Interior, environment, and related supra. ing Adjustments and the District of Colum- agencies for the fiscal year ending Sep- SA 1063. Mr. CHAMBLISS submitted an bia Zoning Commission may not take any tember 30, 2006, and for other purposes; amendment intended to be proposed by him action to grant any variance relating to the as follows: to the bill H.R. 2361, supra; which was or- property located at 51 Louisiana Avenue NW, At the end of title IV, add the following: dered to lie on the table. Square 631, Lot 17 in the District of Colum- SEC. 429. (a) IN GENERAL.—Section 7 of the SA 1064. Mr. ALLARD submitted an bia; and Federal Reserve Act (12 U.S.C. 789 et seq.) is amendment intended to be proposed by him (2) if any variance described under para- amended by adding at the end the following: to the bill H.R. 2361, supra; which was or- graph (1) is granted before the effective date ‘‘(d) ADDITIONAL TRANSFERS FOR FISCAL dered to lie on the table. of this section, such variance shall be set YEAR 2006.— f aside and shall have no force or effect. ‘‘(1) IN GENERAL.—The Federal reserve (b) CONDITIONS FOR VARIANCE.—A variance TEXT OF AMENDMENTS banks shall transfer from the surplus funds described under subsection (a) may be grant- of such banks to the Board of Governors of SA 1020. Mr. COBURN submitted an ed or shall be given force or effect if— the Federal Reserve System for transfer to amendment intended to be proposed by (1) the Capitol Police Board makes a deter- the Secretary of the Treasury for deposit in him to the bill H.R. 2361, making ap- mination that any such variance shall not— the general fund of the Treasury, a total propriations for the Department of the (A) negatively impact congressional secu- amount of $1,000,000,000 in fiscal year 2006. rity; and Interior, environment, and related ‘‘(2) ALLOCATION BY FED.—Of the total (B) increase Federal expenditures relating agencies for the fiscal year ending Sep- amount required to be paid by the Federal to congressional security; reserve banks under paragraph (1) for fiscal tember 30, 2006, and for other purposes; (2) the Majority and Minority Leaders of as follows: year 2006, the Board of Governors of the Fed- the Senate and the Speaker and Minority eral Reserve System shall determine the At the appropriate place, insert the fol- Leader of the House of Representatives ap- amount that each such bank shall pay in lowing: prove such determination; and such fiscal year. SEC. . (a) FINDINGS.—The Senate makes (3) the Capitol Police Board certifies the ‘‘(3) REPLENISHMENT OF SURPLUS FUND PRO- the following findings: determination in writing to the District of (1) The on-budget deficit for fiscal year 2005 HIBITED.—No Federal reserve bank may re- Columbia Board of Zoning Adjustments and plenish the surplus fund of such bank by the is estimated to be $541 billion according to the District of Columbia Zoning Commis- the Congressional Budget Office. amount of any transfer by such bank under sion. paragraph (1) during fiscal year 2006.’’. (2) Total publicly-held federal debt on (c) EFFECTIVE DATE.—This section shall which the American taxpayer pays interest (b) USE OF SURPLUS.—Of amounts trans- take effect on the date of enactment of this ferred to the general fund of the Treasury is expected to reach $6 trillion by 2011 ac- Act and apply to the remaining portion of cording to the Congressional Budget Office. under section 7(d) of the Federal Reserve the fiscal year in which enacted and each fis- Act, as added by this section— (3) The United States and its allies are cur- cal year thereafter. rently engaged in a global war on terrorism. (1) $140,000,000 shall be made available to the Secretary of the Interior for use by the (b) SENSE OF THE SENATE.—It is the sense SA 1023. Mr. DORGAN (for Mrs. of the Senate that: Bureau of Indian Affairs; and (1) The servicemen and women of the BOXER (for herself, Mr. NELSON of Flor- (2) $860,000,000 shall be made available to United States Armed Forces deserve the full ida, Mrs. CLINTON, Mr. SCHUMER, Mr. the Secretary of Health and Human Services support of the Senate as they seek to pre- OBAMA, Mr. JEFFORDS, and Mr. KERRY)) for use by the Director of the Indian Health serve the safety and security of the Amer- proposed an amendment to the bill Service in providing Indian health care serv- ican people. H.R. 2361, making appropriations for ices and facilities. (2) Activities relating to the defense of the the Department of the Interior, envi- Mr. SUNUNU (for himself, United States and the global war on terror ronment, and related agencies for the SA 1026. Mr. BINGAMAN, Mr. MCCAIN, and Mr. should be fully funded. fiscal year ending September 30, 2006, (3) Activities relating to the defense of the FEINGOLD) proposed an amendment to and for other purposes; as follows: United States and the global war on terror the bill H.R. 2361, making appropria- should not be underfunded in order to sup- At the appropriate place, add the fol- tions for the Department of the Inte- port increased federal spending on non-de- lowing: rior, environment, and related agencies fense discretionary activities. SEC. lll. None of the funds made avail- (4) Any additional emergency supple- able in this Act may be used by the Adminis- for the fiscal year ending September 30, mental appropriations should be offset with trator of the Environmental Protection 2006, and for other purposes; as follows: reductions in discretionary spending. Agency— On page 254, after line 25, add the fol- (1) to accept, consider, or rely on third- lowing: SA 1021. Mr. INHOFE submitted an party intentional dosing human studies for SEC. 4lll. None of the funds made avail- amendment intended to be proposed by pesticides; or able by this Act may be used to plan, design,

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7440 CONGRESSIONAL RECORD — SENATE June 27, 2005 study, or construct new forest development On page 182, strike lines 20 through 25 and agencies for the fiscal year ending Sep- roads in the Tongass National Forest for the insert the following: tember 30, 2006, and for other purposes; purpose of harvesting timber by private enti- SEC. 110.(a)(1) For fiscal year 2006 and each which was ordered to lie on the table; ties or individuals. succeeding fiscal year, any funds made avail- as follows: able by this Act for the Southwest Indian SA 1027. Mr. MCCAIN submitted an Polytechnic Institute and Haskell Indian Na- On page 263, after line 25, add the fol- amendment intended to be proposed by tions University for postsecondary programs lowing: him to the bill H.R. 2361, making ap- of the Bureau of Indian Affairs in excess of TITLE VI—ARABIA MOUNTAIN NATIONAL propriations for the Department of the the amount made available for those post- HERITAGE AREA Interior, environment, and related secondary programs for fiscal year 2005 shall SEC. 601. SHORT TITLE. agencies for the fiscal year ending Sep- be allocated in direct proportion to the need This title may be cited as the ‘‘Arabia tember 30, 2006, and for other purposes; of the schools, as determined in accordance Mountain National Heritage Area Act’’. with the postsecondary funding formula SEC. 602. FINDINGS AND PURPOSES. which was ordered to lie on the table; adopted by the Office of Indian Education as follows: (a) FINDINGS.—Congress finds the fol- Programs. lowing: On page 254, after line 25, add the fol- (2) For fiscal year 2007 and each succeeding (1) The Arabia Mountain area contains a lowing: fiscal year, the Bureau of Indian Affairs shall variety of natural, cultural, historical, sce- SEC. 4lll. None of the funds made avail- use the postsecondary funding formula nic, and recreational resources that together able by this Act may be used to carry out adopted by the Office of Indian Education represent distinctive aspects of the heritage any study relating to bear DNA, including a Programs based on the needs of the South- of the United States that are worthy of rec- bear DNA sampling study. west Indian Polytechnic Institute and Has- ognition, conservation, interpretation, and kell Indian Nations University to justify the SA 1028. Mr. FRIST (for himself and continuing use. amounts submitted as part of the budget re- (2) The best methods for managing the re- Mr. ALEXANDER) submitted an amend- quest of the Department of the Interior. sources of the Arabia Mountain area would ment intended to be proposed by him (b) Notwithstanding any other provision of be through partnerships between public and to the bill H.R. 2361, making appropria- law, $178,730 is authorized to be appropriated private entities that combine diverse re- tions for the Department of the Inte- for the Southwest Indian Polytechnic Insti- sources and active communities. rior, environment, and related agencies tute. (3) Davidson-Arabia Mountain Nature Pre- for the fiscal year ending September 30, serve, a 535-acre park in DeKalb County, 2006, and for other purposes; as follows: SA 1031. Mr. DORGAN (for Mr. Georgia— BINGAMAN) proposed an amendment to On page 254, after line 25, add the fol- (A) protects granite outcrop ecosystems, lowing: the bill H.R. 2361, making appropria- wetland, and pine and oak forests; and SEC. 4lll. (a) Section 813(a) of the Fed- tions for the Department of the Inte- (B) includes federally-protected plant spe- eral Lands Recreation Enhancement Act (16 rior, environment, and related agencies cies. U.S.C. 6812(a)) is amended by striking ‘‘and for the fiscal year ending September 30, (4) Panola Mountain, a national natural (i)’’ and inserting ‘‘and (i) (except for para- 2006, and for other purposes; as follows: landmark, located in the 860-acre Panola Mountain State Conservation Park, is a rare graph (1)(C))’’. On page 130, line 2, strike ‘‘$1,000,000’’ and (b) Section 4(i)(1)(C)(i) of the Land and example of a pristine granite outcrop. insert ‘‘$1,250,000’’. Water Conservation Fund Act of 1965 (16 (5) The archaeological site at Miners Creek On page 138, line 7, strike ‘‘$2,000,000’’ and U.S.C. 460l-6a(i)(1)(C)(i)) is amended— Preserve along the South River contains doc- insert ‘‘$2,500,000’’. (1) by striking ‘‘Notwithstanding subpara- umented evidence of early human activity. On page 146, line 19, strike ‘‘$1,937,000’’ and graph (A)’’ and all that follows through ‘‘or (6) The city of Lithonia, Georgia, and re- insert ‘‘$2,500,000’’. lated sites of Arabia Mountain and Stone section 107’’ and inserting ‘‘Notwithstanding On page 211, line 25, strike ‘‘$2,000,000’’ and Mountain possess sites that display the his- section 107’’; and insert ‘‘$2,500,000’’. (2) by striking ‘‘account under subpara- tory of granite mining as an industry and graph (A)’’ and inserting ‘‘account under sec- culture in Georgia, and the impact of that SA 1032. Mr. DORGAN (for Mr. DUR- tion 807(a) of the Federal Lands Recreation industry on the United States. Enhancement Act (16 U.S.C. 6806(a))’’. BIN) proposed an amendment to the bill (7) The community of Klondike is eligible (c) Except as provided in this section, sec- H.R. 2361, making appropriations for for designation as a National Historic Dis- tion 4(i)(1)(C) of the Land and Water Con- the Department of the Interior, envi- trict. servation Fund Act of 1965 (16 U.S.C. 460l- ronment, and related agencies for the (8) The city of Lithonia has 2 structures 6a(i)(1)(C)) shall be applied and administered fiscal year ending September 30, 2006, listed on the National Register of Historic as if section 813(a) of the Federal Lands and for other purposes; as follows: Places. Recreation Enhancement Act (16 U.S.C. (b) PURPOSES.—The purposes of this title On page 254, after line 25, add the fol- 6812(a)) (and the amendments made by that are as follows: lowing: section) had not been enacted. (1) To recognize, preserve, promote, inter- SEC. 4 . None of the funds made avail- (d) This section and the amendments made lll pret, and make available for the benefit of able by this Act may be used in contraven- by this section take effect on December 8, the public the natural, cultural, historical, tion of, or to delay the implementation of, 2004. scenic, and recreational resources in the area Executive Order No. 12898 of February 11, that includes Arabia Mountain, Panola 1994 (59 Fed. Reg. 7629; relating to Federal ac- SA 1029. Mr. DORGAN (for Mr. Mountain, Miners Creek, and other signifi- tions to address environmental justice in mi- KERRY) proposed an amendment to the cant sites and communities. nority populations and low-income popu- bill H.R. 2361, making appropriations (2) To assist the State of Georgia and the lations). for the Department of the Interior, en- counties of DeKalb, Rockdale, and Henry in the State in developing and implementing an vironment, and related agencies for the SA 1033. Mr. ENSIGN submitted an fiscal year ending September 30, 2006, integrated cultural, historical, and land re- amendment intended to be proposed by source management program to protect, en- and for other purposes; as follows: him to the bill H.R. 2361, making ap- hance, and interpret the significant re- On page 254, after line 25, add the fol- propriations for the Department of the sources within the heritage area. lowing: Interior, environment, and related SEC. 603. DEFINITIONS. SEC. 429. (a) From any money in the Treas- For the purposes of this title, the following ury not otherwise obligated or appropriated, agencies for the fiscal year ending Sep- definitions apply: there are appropriated $600,000,000 for the fis- tember 30, 2006, and for other purposes; (1) HERITAGE AREA.—The term ‘‘heritage cal year ending September 30, 2005, for the as follows: area’’ means the Arabia Mountain National Veterans Health Administration. On page 254, after line 25, add the fol- Heritage Area established by section 604. (b) The amount appropriated under sub- lowing: (2) MANAGEMENT ENTITY.—The term ‘‘man- section (a) is designated as an emergency re- SEC. 4lll. None of the funds made avail- agement entity’’ means the Arabia Mountain quirement pursuant to section 402 of H. Con. able to the Forest Service under this Act Heritage Area Alliance or a successor of the Res. 95 (109th Congress). shall be expended or obligated for the demo- Arabia Mountain Heritage Area Alliance. lition of buildings at the Zephyr Shoals prop- (3) MANAGEMENT PLAN.—The term ‘‘man- SA 1030. Mr. DORGAN (for Mr. erty, Lake Tahoe, Nevada. BINGAMAN) proposed an amendment to agement plan’’ means the management plan the bill H.R. 2361, making appropria- Mr. CHAMBLISS submitted for the heritage area developed under section SA 1034. 606. tions for the Department of the Inte- an amendment intended to be proposed (4) SECRETARY.—The term ‘‘Secretary’’ rior, environment, and related agencies by him to the bill H.R. 2361, making ap- means the Secretary of the Interior. for the fiscal year ending September 30, propriations for the Department of the (5) STATE.—The term ‘‘State’’ means the 2006, and for other purposes; as follows: Interior, environment, and related State of Georgia.

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SEC. 604. ARABIA MOUNTAIN NATIONAL HERIT- SEC. 606. MANAGEMENT PLAN. (g) REVISION OF MANAGEMENT PLAN.— AGE AREA. (a) IN GENERAL.—The management entity (1) IN GENERAL.—After approval by the Sec- (a) ESTABLISHMENT.—There is established shall develop a management plan for the her- retary of a management plan, the manage- the Arabia Mountain National Heritage Area itage area that incorporates an integrated ment entity shall periodically— in the State. and cooperative approach to protect, inter- (A) review the management plan; and (b) BOUNDARIES.—The heritage area shall pret, and enhance the natural, cultural, his- (B) submit to the Secretary, for review and consist of certain parcels of land in the coun- torical, scenic, and recreational resources of approval by the Secretary, the recommenda- ties of DeKalb, Rockdale, and Henry in the the heritage area. tions of the management entity for any revi- State, as generally depicted on the map enti- (b) BASIS.—The management plan shall be sions to the management plan that the man- tled ‘‘Arabia Mountain National Heritage based on the preferred concept in the docu- agement entity considers to be appropriate. Area’’, numbered AMNHA–80,000, and dated ment entitled ‘‘Arabia Mountain National (2) EXPENDITURE OF FUNDS.—No funds made October 2003. Heritage Area Feasibility Study’’, dated Feb- available under this title shall be used to im- (c) AVAILABILITY OF MAP.—The map shall ruary 28, 2001. plement any revision proposed by the man- be on file and available for public inspection (c) CONSIDERATION OF OTHER PLANS AND AC- agement entity under paragraph (1)(B) until in the appropriate offices of the National TIONS.—The management plan shall— the Secretary approves the revision. (1) take into consideration State and local Park Service. SEC. 607. TECHNICAL AND FINANCIAL ASSIST- plans; and (d) MANAGEMENT ENTITY.—The Arabia ANCE. (2) involve residents, public agencies, and Mountain Heritage Area Alliance shall be (a) IN GENERAL.—At the request of the private organizations in the heritage area. the management entity for the heritage management entity, the Secretary may pro- (d) REQUIREMENTS.—The management plan vide technical and financial assistance to the area. shall include the following: heritage area to develop and implement the SEC. 605. AUTHORITIES AND DUTIES OF THE (1) An inventory of the resources in the MANAGEMENT ENTITY. management plan. heritage area, including— (b) PRIORITY.—In providing assistance (a) AUTHORITIES.—For purposes of devel- (A) a list of property in the heritage area oping and implementing the management under subsection (a), the Secretary shall give that— priority to actions that facilitate— plan, the management entity may— (i) relates to the purposes of the heritage (1) the conservation of the significant nat- (1) make grants to, and enter into coopera- area; and ural, cultural, historical, scenic, and rec- tive agreements with, the State, political (ii) should be preserved, restored, managed, reational resources that support the pur- subdivisions of the State, and private organi- or maintained because of the significance of poses of the heritage area; and zations; the property; and (2) the provision of educational, interpre- (2) hire and compensate staff; and (B) an assessment of cultural landscapes tive, and recreational opportunities that are (3) enter into contracts for goods and serv- within the heritage area. consistent with the resources and associated ices. (2) Provisions for the protection, interpre- values of the heritage area. (b) DUTIES.— tation, and enjoyment of the resources of the SEC. 608. EFFECT ON CERTAIN AUTHORITY. (1) MANAGEMENT PLAN.— heritage area consistent with the purposes of (a) OCCUPATIONAL, SAFETY, CONSERVATION, (A) IN GENERAL.—The management entity this title. AND ENVIRONMENTAL REGULATION.—Nothing shall develop and submit to the Secretary (3) An interpretation plan for the heritage in this title— the management plan. area. (1) imposes an occupational, safety, con- (B) CONSIDERATIONS.—In developing and (4) A program for implementation of the servation, or environmental regulation on implementing the management plan, the management plan that includes— the heritage area that is more stringent than management entity shall consider the inter- (A) actions to be carried out by units of the regulations that would be applicable to ests of diverse governmental, business, and government, private organizations, and pub- the land described in section 604(b) but for nonprofit groups within the heritage area. lic-private partnerships to protect the re- the establishment of the heritage area by (2) PRIORITIES.—The management entity sources of the heritage area; and section 604; or shall give priority to implementing actions (B) the identification of existing and po- (2) authorizes a Federal agency to promul- described in the management plan, including tential sources of funding for implementing gate an occupational, safety, conservation, the following: the plan. or environmental regulation for the heritage (A) Assisting units of government and non- (5) A description and evaluation of the area that is more stringent than the regula- profit organizations in preserving resources management entity, including the member- tions applicable to the land described in sec- within the heritage area. ship and organizational structure of the tion 604(b) as of the date of enactment of this (B) Encouraging local governments to management entity. Act, solely as a result of the establishment adopt land use policies consistent with the (e) SUBMISSION TO SECRETARY FOR AP- of the heritage area by section 604. management of the heritage area and the PROVAL.— (b) LAND USE REGULATION.—Nothing in this goals of the management plan. (1) IN GENERAL.—Not later than 3 years title— UBLIC MEETINGS.—The management en- (3) P after the date of the enactment of this Act, (1) modifies, enlarges, or diminishes any tity shall conduct public meetings at least the management entity shall submit the authority of the Federal Government or a quarterly on the implementation of the man- management plan to the Secretary for ap- State or local government to regulate any agement plan. proval. use of land as provided for by law (including (4) ANNUAL REPORT.—For any year in which (2) EFFECT OF FAILURE TO SUBMIT.—If a regulations) in existence on the date of en- Federal funds have been made available management plan is not submitted to the actment of this Act; or under this title, the management entity Secretary by the date specified in paragraph (2) grants powers of zoning or land use to shall submit to the Secretary an annual re- (1), the Secretary shall not provide any addi- the management entity. port that describes the following: tional funding under this title until such SEC. 609. AUTHORIZATION OF APPROPRIATIONS. (A) The accomplishments of the manage- date as a management plan for the heritage (a) IN GENERAL.—There is authorized to be ment entity. area is submitted to the Secretary. appropriated to carry out this title (B) The expenses and income of the man- PPROVAL AND DISAPPROVAL OF MAN- (f) A $10,000,000, to remain available until ex- agement entity. AGEMENT PLAN.— pended, of which not more than $1,000,000 UDIT.—The management entity shall— (5) A (1) IN GENERAL.—Not later than 90 days may be used in any fiscal year. (A) make available to the Secretary for after receiving the management plan sub- (b) FEDERAL SHARE.—The Federal share of audit all records relating to the expenditure mitted under subsection (e), the Secretary, the cost of any project or activity carried of Federal funds and any matching funds; in consultation with the State, shall approve out using funds made available under this and or disapprove the management plan. title shall not exceed 50 percent. (B) require, with respect to all agreements (2) ACTION FOLLOWING DISAPPROVAL.— SEC. 610. TERMINATION OF AUTHORITY. authorizing expenditure of Federal funds by (A) REVISION.—If the Secretary disapproves The authority of the Secretary to make other organizations, that the receiving orga- a management plan submitted under para- any grant or provide any assistance under nizations make available to the Secretary graph (1), the Secretary shall— this title shall terminate on September 30, for audit all records concerning the expendi- (i) advise the management entity in writ- 2016. ture of those funds. ing of the reasons for the disapproval; (c) USE OF FEDERAL FUNDS.— (ii) make recommendations for revisions to SA 1035. Mr. DORGAN (for Mr. (1) IN GENERAL.—The management entity the management plan; and WYDEN) proposed an amendment to the shall not use Federal funds made available (iii) allow the management entity to sub- bill H.R. 2361, making appropriations under this title to acquire real property or mit to the Secretary revisions to the man- for the Department of the Interior, en- an interest in real property. agement plan. vironment, and related agencies for the (2) OTHER SOURCES.—Nothing in this title (B) DEADLINE FOR APPROVAL OF REVISION.— precludes the management entity from using Not later than 90 days after the date on fiscal year ending September 30, 2006, Federal funds made available under other which a revision is submitted under subpara- and for other purposes; as follows: Federal laws for any purpose for which the graph (A)(iii), the Secretary shall approve or On page 254, after line 25, add the fol- funds are authorized to be used. disapprove the revision. lowing:

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7442 CONGRESSIONAL RECORD — SENATE June 27, 2005 SEC. 4lll. Section 323(a) of the Depart- ronment, and related agencies for the ommendations on how the existing proce- ment of the Interior and Related Agencies fiscal year ending September 30, 2006, dures can be improved, including all costs at- Appropriations Act, 1999 (16 U.S.C. 1011 note; and for other purposes; as follows: tributable to developing, implementing, sup- Public Law 105–277), is amended by striking porting, managing, monitoring, and report- On page 154, line 12, strike ‘‘That’’ and in- ‘‘fiscal year 1999’’ and all that follows ing on competitive sourcing (including per- sert ‘‘That from the amount provided for the through ‘‘2005’’ and inserting ‘‘for each of fis- sonnel, consultant, travel, and training costs biological research activity, $200,000 shall be cal years 2006 through 2015’’. associated with program management), in- made available to the University of Mis- cluding— souri-Columbia to establish a wetland ecol- SA 1036. Mr. DORGAN (for Mr. REED) (i) costs incurred by the Forest Service be- ogy center of excellence: Provided further, fore initiation of the competitive sourcing proposed an amendment to the bill That’’. H.R. 2361, making appropriations for study in performing the work to be studied with the baseline organization; the Department of the Interior, envi- SA 1041. Mr. BURNS (for Mr. CRAIG) ronment, and related agencies for the (ii) costs of performing the competitive proposed an amendment to the bill sourcing study, including— fiscal year ending September 30, 2006, H.R. 2361, making appropriations for (I) travel and per diem costs; and for other purposes; as follows: the Department of the Interior, envi- (II) training and communications costs; On page 198, lines 21 and 22, strike ‘‘Not- ronment, and related agencies for the (III) contractor costs; and withstanding CERCLA 104(k)(4)(B)(i)(IV), ap- fiscal year ending September 30, 2006, (IV) the cost to the Federal Government of propriated funds for fiscal year 2006’’ and in- and for other purposes; as follows: Federal employees working on any aspect of sert the following: ‘‘Notwithstanding section At the appropriate place, add the fol- the study or performing any work neces- 104(k)(4)(B)(i)(IV) of the Comprehensive En- lowing: ‘‘Provided further, That, subject to sitated by the study; vironmental Response, Compensation, and valid existing rights, all land and interests (iii) costs of implementing the competitive Liability Act of 1980 (42 U.S.C. in land acquired in the Thunder Mountain sourcing study results, including costs de- 9604(k)(4)(B)(i)(IV)), beginning in fiscal year area of the Payette National Forest (includ- scribed in clause (ii) and costs associated 2006 and thereafter, appropriated funds ’’ ing patented claims and land that are en- with buyouts, transfers of station, and reduc- cumbered by unpatented claims or pre- tions in force; SA 1037. Mr. DORGAN (for Mr. REED) viously appropriated funds under this sec- (iv) ongoing operational costs of per- proposed an amendment to the bill tion, or otherwise relinquished by a private forming the work with the new organization H.R. 2361, making appropriations for party) are withdrawn from mineral entry or employed as a result of competitive sourcing the Department of the Interior, envi- appropriation under Federal mining laws, study, including any modifications to the ronment, and related agencies for the and from leasing claims under Federal min- contract or letter of obligation necessitated eral and geothermal leasing laws.’’. by omissions in the statement of work of the fiscal year ending September 30, 2006, solicitation; and for other purposes; as follows: SA 1042. Mr. WARNER (for Mr. (v) costs associated with oversight and On page 200, between lines 2 and 3, insert maintenance of the contract or letter of obli- BURNS) proposed an amendment to the the following: gation; Beginning in fiscal year 2006 and there- bill H.R. 2361, making appropriations (vi) savings realized or costs borne by the after, notwithstanding any other provision for the Department of the Interior, en- Forest Service that are not included under of law, recipients of grants provided under vironment, and related agencies for the clause (iv), including savings or costs due section 104(k) of the Comprehensive Environ- fiscal year ending September 30, 2006, to— mental Response, Compensation, and Liabil- and for other purposes; as follows: (I) changes in the timeliness or quality of ity Act of 1980 (42 U.S.C. 9604(k)) may use the On page 149, line 7, after ‘‘acquisitions,’’, the work provided by the new organization; grant funds for reasonable administrative ex- insert the following: ‘‘of which $4,285,000 (II) changes in procedures of the Forest penses, as determined by the Administrator shall be made available for the replacement Service necessitated by the new organiza- of the Environmental Protection Agency. of the main gate facility at the Filene Cen- tion; ter, Wolf Trap National Park for the Per- (III) the assignment to employees or con- SA 1038. Mr. SALAZAR proposed an forming Arts, Virginia,’’. tractors outside of the new organization of amendment to the bill H.R. 2361, mak- duties previously performed by the baseline ing appropriations for the Department SA 1043. Mr. DORGAN (for Mr. FEIN- organization; and of the Interior, environment, and re- GOLD) proposed an amendment to the (IV) changes in the availability of per- lated agencies for the fiscal year end- bill H.R. 2361, making appropriations sonnel to perform high priority fire suppres- sion or other emergency response work on a ing September 30, 2006, and for other for the Department of the Interior, en- collateral basis; and purposes; as follows: vironment, and related agencies for the (vii) costs of maintaining and operating a On page 171, line 13, strike ‘‘$94,627,000’’ and fiscal year ending September 30, 2006, competitive sourcing infrastructure, includ- insert ‘‘$87,627,000’’. and for other purposes; as follows: ing office, salary, contractor, and travel On page 172, line 17, strike ‘‘$235,000,000’’ On page 249, line 19, before the period, in- costs associated with the Forest Service and insert ‘‘$242,000,000’’. sert the following: ‘‘conducted in accordance Competitive Sourcing Office and the cost to with generally accepted full cost accounting the Federal Government of Federal employ- SA 1039. Mr. SALAZAR proposed an principles’’. ees for the time for which the employees are amendment to the bill H.R. 2361, mak- On page 250, between lines 23 and 24, insert managing the program; ing appropriations for the Department the following: (C) recommendations on what accounting of the Interior, environment, and re- (e) AUDIT.—(1) In this subsection: practices should be adopted by the Forest lated agencies for the fiscal year end- (A) The term ‘‘baseline organization’’ Service to improve accountability; ing September 30, 2006, and for other means the organization performing the work (D) an evaluation of the comparative effi- ciencies of the Forest Service competitive purposes; as follows: to be studied prior to initiation of a competitive sourcing study under this section. sourcing and business process reengineering On page 254, after line 25, add the fol- (B) The term ‘‘new organization’’ means procedures; and lowing: the private contractor, or the most efficient (E) an analysis of— SEC. 4lll. (a) Notwithstanding sub- public agency, and associated management (i) the A–76 study that resulted in the in- section (b)(3) of section 6 of the Land and and oversight functions used at the conclu- formation services organization and the con- Water Conservation Fund Act of 1965 (16 sion of a competitive sourcing study under tinuing Federal Government activity; U.S.C. 460l–8), any user fees collected under this section. (ii) the A–76 study of Region 5 fleet mainte- that Act with respect to recreational and re- (2) Not later than 180 days after the date of nance work that resulted in the transfer of lated activities in a State shall be paid to enactment of this Act, the Comptroller Gen- work to Serco; and the State in which the fees were collected. eral of the United States shall conduct an (iii) the financial management improve- (b) Amounts paid to a State under sub- audit of the competitive sourcing program of ment project, accomplished by means of section (a) shall be in addition to, and shall the Forest Service. business process reengineering. not reduce, the apportionment of the col- (3) The audit shall include— lecting State under section 6(b) of the Land (A) an analysis of the costs and benefits of SA 1044. Mr. DORGAN (for Mr. BYRD) and Water Conservation Fund Act of 1965 (16 the competitive sourcing initiative con- U.S.C. 460l–8(b)). proposed an amendment to the bill ducted by the Forest Service; H.R. 2361, making appropriations for (B) an analysis of existing procedures to SA 1040. Mr. BURNS (for Mr. BOND) track (in accordance with full cost account- the Department of the Interior, envi- proposed an amendment to the bill ing principles) all costs required to calculate ronment, and related agencies for the H.R. 2361, making appropriations for accurate savings or losses attributable to a fiscal year ending September 30, 2006, the Department of the Interior, envi- competitive sourcing study, and rec- and for other purposes; as follows:

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7443 On page 139, line 5, before the period insert SEC. . BISCUIT FIRE RECOVERY PROJECT, RE- to Indian tribes (within the meaning of sec- the following: ‘‘: Provided further, That of the PORT. tion 518(c)). total amounts made available under this (a) Within 90 days of enactment of this ‘‘(3) CERTAIN TERRITORIES AND FREELY AS- heading, $350,000 shall be made available for Act, the Secretary of Agriculture shall sub- SOCIATED STATES.—Of the total amount of the mussel program at the White Sulphur mit to Congress a report regarding the reha- funds made available for a fiscal year, 0.25 Springs National Fish Hatchery’’. bilitation of the Biscuit Fire area in south- percent shall be allocated to and among, as ern Oregon, including: determined by the Administrator— SA 1045. Mr. DORGAN (for Mr. (1) the change in reforestation capabilities ‘‘(A) Guam; CONRAD) proposed an amendment to and costs between the date of the contain- ‘‘(B) American Samoa; the bill H.R. 2361, making appropria- ment of the Biscuit Fire and the completion ‘‘(C) the Commonwealth of the Northern tions for the Department of the Inte- of the Biscuit Fire Recovery Project, as de- Mariana Islands; rior, environment, and related agencies tailed in the Record of Decision; ‘‘(D) the Federated States of Micronesia; (2) the commercial value lost, as well as re- ‘‘(E) the Republic of the Marshall Islands; for the fiscal year ending September 30, covered, of fire-killed timber within the Bis- 2006, and for other purposes; as follows: ‘‘(F) the Republic of Palau; and cuit Fire area; and ‘‘(G) the United States Virgin Islands. (3) all actions included in the Record of De- On page 195, line 7, after ‘‘costs’’, insert the ‘‘(4) STATES.— cision for the Biscuit Fire Recovery Project, following: ‘‘, of which $200,000 shall be made ‘‘(A) TARGET ALLOCATION.—Each State available for a brownfields assessment of the but forgone because of delay or funding shall have a target allocation for a fiscal Fortuna Radar Site’’. shortfall. year, which— ‘‘(i) in the case of a State for which the Mr. DORGAN (for Mr. SAR- SA 1046. SA 1049. Mr. KYL proposed an needs survey percentage is less than 1.0 per- BANES (for himself, Mr. ALLEN, Mr. amendment to the bill H.R. 2361, mak- cent, shall be 1.0 percent; and WARNER, and Ms. MIKULSKI)) proposed ing appropriations for the Department ‘‘(ii) in the case of any other State, shall an amendment to the bill H.R. 2361, of the Interior, environment, and re- be the most recent needs survey percentage. making appropriations for the Depart- lated agencies for the fiscal year end- ‘‘(B) UNALLOCATED BALANCE.—Any ment of the Interior, environment, and ing September 30, 2006, and for other unallocated balance of available funds shall related agencies for the fiscal year end- purposes; as follows: be allocated in equal parts to all States that, in the most recent needs survey, report high- ing September 30, 2006, and for other On page 195, line 9, after the semicolon, in- er total needs both in absolute dollar terms purposes; as follows: sert the following: ‘‘$500,000 shall be for debt and as a percentage of total United States retirement for the State Water Pollution On page 254, after line 25, add the fol- needs.’’. lowing: Control Revolving Fund for the wastewater SEC. 4lll. Section 5(c) of the National treatment plant in Safford, Arizona; SA 1051. Mr. KYL (for Mr. INHOFE) Trails System Act (16 U.S.C. 1244(c)) is $3,000,000 shall be for the expansion of the proposed an amendment, to the bill amended by adding at the end the following: wastewater treatment plant in Lake Havasu ‘‘(43)(A) The Captain John Smith Chesa- City, Arizona; $1,000,000 shall be for the ex- H.R. 2361, making appropriations for peake National Historic Watertrail, a series pansion of the wastewater treatment plant the Department of the Interior, envi- of routes extending approximately 3000 miles in Avondale, Arizona;’’. ronment, and related agencies for the along the Chesapeake Bay and the tribu- fiscal year end September 30, 2006, and taries of the Chesapeake Bay in the States of SA 1050. Mr. KYL proposed an for other purposes; as follows: Virginia, Maryland, Pennsylvania, and Dela- amendment to the bill H.R. 2361, mak- On page 200, after line 2, the following: ware and the District of Columbia that ing appropriations for the Department SEC. . traces Captain John Smith’s voyages chart- of the Interior, environment, and re- None of the funds made available by this ing the land and waterways of the Chesa- lated agencies for the fiscal year end- Act may be used by the Administrator of the peake Bay and the tributaries of the Chesa- ing September 30, 2006, and for other Environmental Protection Agency to award peake Bay. assistance agreements to national organiza- ‘‘(B) The study shall be conducted in con- purposes; as follows: tions that represent the interests of State, sultation with Federal, State, regional, and On page 254, after line 25, add the fol- tribal, and local governments unless the local agencies and representatives of the pri- lowing: award is subject to open competition. vate sector, including the entities respon- SEC. 4lll. Section 604 of the Federal sible for administering— Water Pollution Control Act (33 U.S.C. 1384) SA 1052. Mr. BYRD (for Mrs. MURRAY ‘‘(i) the Chesapeake Bay Gateways and is amended— (for herself, Mr. BYRD, Mrs. FEINSTEIN, Watertrails Network authorized under the (1) by redesignating subsections (b) and (c) Chesapeake Bay Initiative Act of 1998 (16 as subsections (c) and (d), respectively; and Mr. KERRY, Mr. AKAKA, and Mr. DUR- U.S.C. 461 note; Public Law 105–312); and (2) by striking subsection (a) and inserting BIN)) proposed an amendment to the ‘‘(ii) the Chesapeake Bay Program author- the following: bill H.R. 2361, making appropriations ized under section 117 of the Federal Water ‘‘(a) DEFINITIONS.—In this subsection: for the Department of the Interior, en- Pollution Control Act (33 U.S.C. 1267).’’. ‘‘(1) NEEDS SURVEY.—The term ‘needs sur- vironment, and related agencies for the vey’ means a need survey under section fiscal year ending September 30, 2006, SA 1047. Ms. COLLINS (for herself 516(2). and for other purposes; as follows: and Ms. SNOWE) submitted an amend- ‘‘(2) NEEDS SURVEY PERCENTAGE.—The term On page 254, after line 25, add the fol- ment intended to be proposed by her to ‘needs survey percentage’, with respect to a State, means the percentage applicable to lowing: the bill H.R. 2361, making appropria- SEC. 429.(a) From any money in the Treas- the State under a formula for the allotment tions for the Department of the Inte- ury not otherwise obligated or appropriated, of funds made available to carry out this sec- there are appropriated to the Department of rior, environment, and related agencies tion for a fiscal year to States in amounts Veterans Affairs $1,420,000,000 for the fiscal for the fiscal year ending September 30, determined by the Administrator, based on year ending September 30, 2005, for medical 2006, and for other purposes; which was the ratio that— services provided by the Veterans Health Ad- ordered to lie on the table; as follows: ‘‘(A) the needs of a State described in cat- ministration, of which $420,000,000 shall be egories I through VII of the most recent On page 200, line 23, after ‘‘Fund’’, insert divided evenly between the Veterans Inte- needs survey; bears to the following: ‘‘and of which $32,320,000 shall grated Service Networks. be made available for the forest stewardship ‘‘(B) the needs of all States described in (b) The amount appropriated under sub- program (of which $5,000,000 shall be made categories I through VII of the most recent section (a)— available for the Downeast Lakes Forestry needs survey. (1) is designated as an emergency require- Partnership, Maine, including for the acqui- ‘‘(3) STATE.—The term ‘State’ means— ment pursuant to section 402 of H. Con. Res. sition of land by the Partnership)’’. ‘‘(A) a State; 95 (109th Congress); and ‘‘(B) the District of Columbia; and (2) shall remain available until expended. SA 1048. Mr. SMITH submitted an ‘‘(C) the Commonwealth of Puerto Rico. (c) This section shall take effect on the amendment intended to be proposed by ‘‘(b) ALLOCATIONS.— date of enactment of this Act. him to the bill H.R. 2361, making ap- ‘‘(1) IN GENERAL.—Funds made available to propriations for the Departments of carry out this section for a fiscal year shall SA 1053. Mr. BYRD (for himself and the Interior, environment, and related be allocated by the Administrator in accord- Mr. COCHRAN) proposed an amendment ance with this subsection. agencies for the fiscal year ending Sep- to the bill H.R. 2361, making appropria- ‘‘(2) INDIAN TRIBES.—Of the total amount of tember 30, 2006, and for other purposes; funds available for a fiscal year, the Admin- tions for the Department of the Inte- as follows: istrator shall reserve, before making allot- rior, environment, and related agencies At the appropriate place, insert the fol- ments to States under paragraph (4), not less for the fiscal year ending September 30, lowing: than 1.5 percent of the funds to be allocated 2006, and for other purposes; as follows:

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7444 CONGRESSIONAL RECORD — SENATE June 27, 2005 On page 189, after line 20, add the fol- (2) in subsection (c), by striking ‘‘13 sites’’ (1) except for those administrative sites de- lowing: and inserting ‘‘25 sites’’; and scribed in section 502(1)(A)(iii), less than 40 SEC. 128. (a) For necessary expenses for the (3) in subsection (d), by striking ‘‘2008’’ and acres for each administrative site or com- Memorial to Martin Luther King, Jr., there inserting ‘‘2009’’. pound of administrative sites; and is hereby made available to the Secretary of (2) under the jurisdiction of the Secretary. the Interior $10,000,000, to remain available SA 1058. Mr. DORGAN (for Mr. (b) LEAD-BASED PAINT AND ASBESTOS until expended, for activities authorized by BINGAMAN) proposed an amendment to ABATEMENT.— section 508 of the Omnibus Parks and Public the bill H.R. 2361, making appropria- (1) IN GENERAL.—Notwithstanding any Lands Management Act of 1996 (40 U.S.C. 8903 tions for the Department of the Inte- other provisions of law, in any conveyance note; Public Law 104–333). rior, environment, and related agencies under subsection (a), the Secretary shall not (b) Section 508(c) of the Omnibus Parks and be required to mitigate or abate lead-based Public Lands Management Act of 1996 (40 for the fiscal year ending September 30, paint or asbestos-containing building mate- U.S.C. 8903 note; Public Law 104–333) is 2006, and for other purposes; as follows: rials with respect to the administrative site amended by striking the second sentence. Beginning on page 255, strike line 1 and all conveyed. (c) Notwithstanding any other provision of that follows through page 263, line 25, and in- (2) NOTICE.—Notwithstanding paragraph this Act, the amount reduced in Title I in sert the following: (1), if the administrative site being conveyed the second proviso under the heading Depart- TITLE V—FACILITY REALIGNMENT AND has lead-based paint or asbestos-containing mental Management, Salaries and Expenses, ENHANCEMENT ACT OF 2005 building materials, the Secretary shall— is further reduced by $10,000,000. SEC. 501. SHORT TITLE. (A) provide to the person acquiring the ad- This title may be cited as the ‘‘Forest ministrative site notice of the presence of SA 1054. Mr. DORGAN (for Mr. Service Facility Realignment and Enhance- lead-based paint or asbestos-containing ma- BINGAMAN) proposed an amendment to ment Act of 2005’’. terial; and the bill H.R. 2361, making appropria- SEC. 502. DEFINITIONS. (B) obtain from the person acquiring the tions for the Department of the Inte- In this title: administrative site a written assurance that rior, environment, and related agencies (1) ADMINISTRATIVE SITE.— the person will comply with applicable Fed- for the fiscal year ending September 30, (A) IN GENERAL.—The term ‘‘administra- eral, State, and local laws relating to the management of the lead-based paint or as- 2006, and for other purposes; as follows: tive site’’ means— (i) any facility or improvement, including bestos-containing materials. On page 130, line 2, strike ‘‘$1,000,000’’ and curtilage that was acquired or is used spe- (c) FEDERAL PROPERTY AND ADMINISTRA- insert ‘‘$1,250,000’’. cifically for purposes of administration of TIVE SERVICES.—A conveyance under this On page 138, line 7, strike ‘‘$2,000,000’’ and the National Forest System; and section shall not be subject to subchapter I insert ‘‘$2,500,000’’. (ii) any associated Federal land necessary of chapter 5, title 40, United States Code. On page 146, line 19, strike ‘‘$1,937,000’’ and (d) NOTICE TO CONGRESS.—At least once a to include for efficient administration of the insert ‘‘$2,500,000’’. year, the Secretary shall submit to the Com- National Forest System that was acquired or On page 211, line 25, strike ‘‘$2,000,000’’ and mittee on Appropriations and the Committee insert ‘‘$2,500,000’’. is utilized specifically for purposes of admin- on Resources of the House of Representatives istration of Forest Service activities and and the Committee on Appropriations and SA 1055. Mr. DORGAN (for Mr. underlies or abuts an administrative facility, the Committee on Energy and Natural Re- improvement, or curtilage; or BINGAMAN) proposed an amendment to sources of the Senate notice of any convey- (iii) up to 10 isolated parcels of not more ances under this section. the bill H.R. 2361, making appropria- than 80 acres which were acquired for admin- tions for the Department of the Inte- (e) ENVIRONMENTAL REVIEW.—In any envi- istrative purposes but have not been utilized, ronmental review or analysis required under rior, environment, and related agencies such as vacant town lots outside of a Na- the National Environmental Policy Act of for the fiscal year ending September 30, tional Forest proclaimed boundary. 1969 (42 U.S.C. 4321 et seq.) for the disposal of 2006, and for other purposes; as follows: (B) INCLUSIONS.—The term ‘‘administrative an administrative site under this section, On page 250, between lines 23 and 24, insert site’’ includes— the Secretary shall only consider or analyze the following: (i) a forest headquarters; the most reasonably foreseeable use of the (e) In carrying out any competitive (ii) a ranger station; administrative site as determined through a sourcing study involving Forest Service em- (iii) a research station or laboratory; market analysis and whether to reserve any ployees, the Secretary of Agriculture shall— (iv) a dwelling; right, title, or interest in the administrative (1) determine whether any of the employ- (v) a warehouse; site under subsection (f)(3). ees concerned are also qualified to partici- (vi) a scaling station; (f) CONFIGURATION OF LAND.— pate in wildland fire management activities; (vii) a fire-retardant mixing station; (1) IN GENERAL.—To facilitate a conveyance and (viii) a lookout; under this section, the Secretary may con- (2) take into consideration and document (ix) a visitor center; figure the administrative site to be conveyed the effect that contracting with a private (x) a guard station; to— sector source would have on the ability of (xi) a storage facility; (A) maximize the marketability of the ad- the Forest Service to effectively and effi- (xii) a telecommunication facility; and ministrative site; and ciently fight and manage wildfires. (xiii) other administrative installations for (B) achieve management objectives. conducting Forest Service activities. (2) IMPROVEMENTS.—Improvements to the SA 1056. Mr. DORGAN (for Mr. (C) EXCLUSIONS.—Federal land to be con- administrative site to be conveyed may be BINGAMAN) proposed an amendment to veyed under this Act shall not include— severed from the land and disposed of in sep- the bill H.R. 2361, making appropria- (i) any area within a unit of the National arate conveyances. Forest System specifically designated for re- tions for the Department of the Inte- (3) RESERVATION.—In any disposition of an source protection, conservation, or rec- administrative site under this section, the rior, environment, and related agencies reational purposes, including land within the Secretary may reserve any right, title, and for the fiscal year ending September 30, National Wilderness Preservation System, interest in and to the administrative site 2006, and for other purposes; as follows: the Wild and Scenic River System, and Na- that the Secretary determines to be nec- Beginning on page 255, strike line 1 and all tional Monuments; or essary, including— that follows through page 263, line 22. (ii) land that is needed for resource man- (A) a reservation of water rights; agement purposes or that would be in the (B) a right-of-way; and SA 1057. Mr. DORGAN (for Mr. public interest to retain. (C) a utility easement. BINGAMAN) proposed an amendment to (2) ADMINISTRATOR.—The term ‘‘Adminis- (g) CONSIDERATION.— the bill H.R. 2361, making appropria- trator’’ means the Administrator of the Gen- (1) AMOUNT.—In consideration for a con- tions for the Department of the Inte- eral Services Administration. veyance authorized under subsection (a), the (3) MARKET ANALYSIS.—The term ‘‘market purchaser shall pay to the Secretary the rior, environment, and related agencies analysis’’ means the identification and study amount that is equal to the fair market for the fiscal year ending September 30, of the real estate market for a particular value of the administrative site conveyed, as 2006, and for other purposes; as follows: economic good or service. provided in paragraph (3). Beginning on page 255, strike line 1 and all (4) SECRETARY.—The term ‘‘Secretary’’ (2) APPRAISAL.—The Secretary shall deter- that follows through page 263, line 22, and in- means the Secretary of Agriculture. mine fair market value by— sert the following: SEC. 503. AUTHORIZATION OF CONVEYANCES. (A) conducting an appraisal that is per- SEC. 4lll. Section 329 of the Department (a) IN GENERAL.—For fiscal years 2006–2009, formed in accordance with the Uniform Ap- of the Interior and Related Agencies Appro- the Secretary may convey, by sale, lease, ex- praisal Standards for Federal Land Acquisi- priations Act, 2002 (16 U.S.C. 580d note; Pub- change, a combination of sales and ex- tions and the Uniform Standards of Profes- lic Law 107–63) is amended— changes, or by other means, any administra- sional Appraisal practice; or (1) in subsection (b), by striking ‘‘40 sites’’ tive site or interest in an administrative site (B) competitive sale. and inserting ‘‘60 sites’’; that is— (3) FORM.—

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7445 (A) SALE.—Consideration for a sale under Forest Service, other departmental and Fed- bill H.R. 2361, making appropriations this section shall be paid in cash on convey- eral agencies, and from other sources, as au- for the Department of the Interior, en- ance of the administrative site. thorized by law, at rates approximately vironment, and related agencies for the (B) EXCHANGE.— equal to the cost of furnishing the facilities fiscal year ending September 30, 2006, (i) EQUAL IN VALUE.—Consideration for an and service.’’. exchange of land or an improvement to land (b) SAVINGS CLAUSE.—The amendment and for other purposes; as follows: under this section shall be in the form of a made by subsection (a) shall not affect the At the appropriate place insert: conveyance of land or improvement that is status of funds and assets in the working Provided, That of the funds made available equal in value to the administrative site con- capital fund established by section 13 of the under the heading ‘‘Environmental Programs veyed. Department of Agriculture Organic Act of and Management,’’ not less than $100,000 (ii) NOT EQUAL IN VALUE.—If the values of 1956 (16 U.S.C. 579b) as in effect on the date shall be made available to issue the proposed land or improvements to be exchanged under of enactment of this section. rule required under 15 U.S.C. § 2682(c)(3) by this Act and described in clause (i) are not November 1, 2005, and promulgate the final equal, the values may be equalized by— SA 1059. Mr. DORGAN proposed an rule required under 15 U.S.C. § 2682(c)(3) by (I) the Secretary making a cash payment amendment to the bill H.R. 2361, mak- September 30, 2006. to the purchaser; ing appropriations for the Department (II) the purchaser making a cash equali- of the Interior, environment, and re- SA 1063. Mr. CHAMBLISS submitted zation payment to the Secretary; or lated agencies for the fiscal year end- an amendment intended to be proposed (III) reducing the value of the administra- ing September 30, 2006, and for other by him to the bill H.R. 2361, making ap- tive site or the non-Federal land or improve- purposes; as follows: propriations for the Department of the ments, as appropriate. Interior, environment, and related (h) REJECTION OF OFFERS.—The Secretary SEC. . FAMILY TRAVEL TO CUBA IN HUMANI- agencies for the fiscal year ending Sep- shall reject any offer made under this sec- TARIAN CIRCUMSTANCES. tion if the Secretary determines that the (a) IN GENERAL.—Notwithstanding any tember 30, 2006, and for other purposes; offer is not— other provision of law, the Secretary of the which was ordered to lie on the table; (1) adequate to provide market value under Treasury shall issue a general license for as follows: subsection (g)(1); or travel to, from, or within Cuba to any person On page 150, line 22, strike ‘‘$86,005,000’’ and (2) in the public interest. subject to the jurisdiction of the United insert ‘‘$85,655,000’’. (i) BROKERAGE SERVICES.—The Secretary States (and any member of the person’s im- On page 254, after line 25, add the fol- may use the proceeds of sales or exchanges mediate family) for the purpose of visiting a lowing: under this section to pay reasonable commis- member of the person’s immediate family for SEC. 4lll. The Secretary shall use sions or fees for brokerage services if the humanitarian reasons. $350,000 to fund phase II improvements to the Secretary determines that the services are in (b) DEFINITIONS.—In this section: wastewater treatment plant in Moultrie, the public interest. (1) MEMBER OF THE PERSON’S IMMEDIATE Georgia. (j) DISPOSITION OF PROCEEDS.— FAMILY.—The term ‘‘member of the person’s (1) IN GENERAL.—After deducting any costs immediate family’’ means— SA 1064. Mr. ALLARD submitted an of the Secretary relating to a conveyance, (A) the person’s spouse, child, grandchild, parent, grandparent, great-grandparent, amendment intended to be proposed by the Secretary shall deposit the proceeds him to the bill H.R. 2361, making ap- from the conveyance in the fund established uncle, aunt, brother, sister, nephew, niece, under Public Law 90–171 (commonly known first cousin, mother-in-law, father-in-law, propriations for the Department of the as the ‘‘Sisk Act’’) (16 U.S.C. 484a). son-in-law, daughter-in-law, sister-in-law, or Interior, environment, and related (2) USE.—Amounts deposited under para- brother-in-law; or agencies for the fiscal year ending Sep- graph (1) shall remain available to the Sec- (B) the spouse, widow, or widower of any tember 30, 2006, and for other purposes; retary until expended, without further ap- relative described in subparagraph (A). which was ordered to lie on the table; propriation, to pay any necessary and inci- (2) HUMANITARIAN REASONS.—The term ‘‘hu- as follows: dental costs of the Secretary for the acquisi- manitarian reasons’’ means— At the end of the bill, add the following: tion, improvement, deferred maintenance, (A) to visit or care for a member of the per- SEC. 4lll. Beginning in fiscal year 2006 construction of new facilities; and disposi- son’s immediate family who is seriously ill, and thereafter, the Secretary of Interior or tion of administrative sites and capital im- injured, or dying; the Secretary of Agriculture shall not use provements on National Forest System land. (B) to make funeral or burial arrangements any Federal funds for the purpose of impos- (k) CONSULTATION WITH ADMINISTRATOR.— for a member of the person’s immediate fam- ing, or considering the imposition of, re- As appropriate, the Secretary is encouraged ily; quirements to restrict or limit the diversion, to work with the Administrator with respect (C) to attend religious services related to a storage, transportation, or use of water to the conveyance of administrative sites. funeral or a burial of, a member of the person’s immediate family. under vested water rights that are— SEC. 504. WORKING CAPITAL FUND. (1) recognized under Colorado law; and (a) IN GENERAL.—Section 13 of the Depart- SA 1060. Mr. DORGAN (for Ms. (2) associated with a facility that is— ment of Agriculture Organic Act of 1956 (16 (A) in existence on the date of enactment U.S.C. 579b) is amended to read as follows: LANDRIEU) proposed an amendment to the bill H.R. 2361, making appropria- of this Act; and ‘‘SEC. 13. WORKING CAPITAL FUND. (B) used for the diversion, storage, trans- ‘‘(a) ESTABLISHMENT.—There is established tions for the Department of the Inte- portation, or use of water that is located in a working capital fund (referred to in this rior, environment and related agencies whole or in part on Federal land under the section as the ‘Fund’), which shall be avail- for the fiscal year ending September 30, jurisdiction of the Secretary of the Interior able without fiscal year limitation. 2006, and for other purposes; as follows: or the Secretary of Agriculture. ‘‘(b) USE.—Amounts in the Fund shall be Page 147, line 25 strike ‘‘$72,500,000’’ and in- f used to pay the costs of purchasing, con- sert ‘‘$67,000,000’’. structing, performing capital repairs on, ren- Page 148, line 1 after 2007, insert ‘‘of which NOTICES OF HEARINGS/MEETINGS ovating, rehabilitating, disposing, or replac- $3,500,000 is for Historically Black Colleges COMMITTEE ON INDIAN AFFAIRS ing buildings and to carry out deferred main- and Universities.’’ tenance and improvements to land for pro- Page 172 line 4 strike ‘‘$10,000,000’’ and in- Mr. McCAIN. Mr. President, I would grams of the Forest Service, subject to any sert ‘‘$13,500,000’’. like to announce that the Committee limitations in appropriations for the Forest on Indian Affairs will meet on Tuesday, Service. SA 1061. Mr. DORGAN (for Mr. June 28, 2005, at 10 a.m., in room 106 of ‘‘(c) TRANSFER AND CAPITALIZATION.—The OBAMA) proposed an amendment to the the Dirksen Senate Office Building to Secretary of Agriculture (referred to in this bill H.R. 2361, making appropriations conduct an oversight hearing on the section as the ‘Secretary’) may— for the Department of the Interior, en- Regulation of Indian Gaming. Those ‘‘(1) transfer to the Fund, without reim- bursement, and capitalize in the Fund at fair vironment, and related agencies for the wishing additional information may and reasonable values, any receivables, in- fiscal year ending September 30, 2006, contact the Indian Affairs Committee. ventories, equipment, buildings, improve- and for other purposes; as follows: COMMITTEE ON INDIAN AFFAIRS ments, and other assets as the Secretary de- At the appropriate place insert: Mr. McCAIN. Mr. PRESIDENT, I termines to be appropriate; and SEC. . None of the funds made available in would like to announce that the Com- this Act may be used in contravention of 15 ‘‘(2) assume the liabilities associated with mittee on Indian Affairs will meet on the assets transferred under paragraph (1). U.S.C. § 2682(c)(3) or to delay the implemen- ‘‘(d) ADVANCE PAYMENTS.—The fund shall tation of that section. Wednesday, June 29, 2005, at 9:30 a.m., be credited with advance payments in con- in room 485 of the Russell Senate Office nection with firm orders and reimburse- SA 1062. Mr. DORGAN (for Mr. Building to conduct a business meeting ments from appropriations and funds of the OBAMA) proposed an amendment to the on the following:

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE S7446 CONGRESSIONAL RECORD — SENATE June 27, 2005 (1) S.J. Res. 15, A bill to acknowledge ceed to the immediate consideration of There being no objection, the mate- a long history of official depredations S. 1316 introduced earlier today. rial was ordered to be printed in the and ill-conceived policies by the United The PRESIDING OFFICER. The Record, as follows: States Government regarding Indian clerk will report the bill by title. SHELLFISH GROWERS FEEL SNUBBED BY ‘‘RED tribes and offer an apology to all Na- The legislative clerk read as follows: TIDE’’ LOAN PROGRAM tive Peoples on behalf of the United A bill (S. 1316) to authorize the Small Busi- (By Michael Kunzelman) ness Administration to provide emergency States. BOSTON.—Shellfish grower Barbara Austin relief to shellfish growers affected by toxic (2) S. 374, A bill to provide compensa- has been out of work, just like hundreds of red tide losses. tion to the Lower Brule and Crow shellfishermen, ever since a toxic ‘‘red tide’’ Creek Sioux Tribes of South Dakota There being no objection, the Senate closed shellfishing areas across the state ear- for damage to tribal land caused by proceeded to consider the bill. lier this month. Mr. KERRY. Mr. President, today The difference is that she and nearly 300 Pick-Sloan projects along the Missouri Senator SNOWE and I have introduced a other aquaculturists aren’t eligible for the River. bill to help a group of nearly 300 fisher- same low-interest loans to help them weath- (3) S. 113, A bill to modify the date as men, known as aquaculturists, who are er the financial storm. of which certain tribal land of the falling through the cracks of the Gov- Austin, of Wellfleet, pursued a loan from Lytton Rancheria is deemed to be held the Small Business Administration before ernment’s disaster assistance pro- in trust. learning they’re reserved for the state’s grams. Right now these businesses are (4) S. 881, A bill to compensate the roughly 1,500 shellfishermen. The state’s 287 prohibited from receiving SBA disaster Spokane Tribe of Indians for the use of licensed aquaculturists, who plant and har- loans, and they are eligible for USDA vest shellfish, aren’t eligible because the tribal land for the production of hydro- disaster loans only under limited cir- SBA considers them farmers, not fishermen. power by the Grand Coulee Dam, and cumstances. Austin said the rule was ‘‘kind of a slap in for other purposes. To our dismay, we have learned that the face.’’ (5) S. 449, A bill to facilitate share- SBA has come across this dilemma ‘‘If they’re going to make offers like this, holder consideration of proposals to many times in the past, most recently they should have been clear about what they’re really offering,’’ she said Tuesday. make Settlement Common Stock last year in Connecticut, and yet no under the Alaska Native Claims Settle- In response, members of the state’s con- one at that agency has ever tried to co- gressional delegation Tuesday sent a letter ment Act available to missed enrollees, ordinate with the Department of Agri- to Agriculture Secretary Mike Johanns, urg- eligible elders, and persons born after culture. To make matters worse, the ing him to make emergency financial assist- Dec. 18, 1971, and for other purposes. SBA waited two weeks to let us know ance available to aquaculturists and fish (6) H.R. 797/S. 475, A bill to amend the that they wouldn’t be able to serve all farmers in eight Massachusetts counties. Native American Housing Assistance our small businesses. So even in those Democratic Sen. Edward M. Kennedy, who and Self-Determination Act of 1996 and cases in which these harmed small also spearheaded a letter to Federal Emer- gency Management Agency Director Michael other acts to improve housing pro- businesses would be eligible for loans grams for Indians. Brown asking him to meet with the delega- from the USDA, hundreds of small tion, said FEMA should coordinate the fed- (7) S. 623, A bill to direct the Sec- businesses are left waiting for the Sec- eral disaster relief for those affected by the retary of Interior to convey certain retary of Agriculture to go through the red tide. land held in trust for the Paiute Indian same hoops to certify a disaster and The shellfishermen, said Sen. John Kerry, Tribe of Utah to the City of Richfield, make that agency’s disaster loans D–Mass., ‘‘shouldn’t be blocked from receiv- UT, and for other purposes. available. I appreciate all the Farm ing low interest loans because of bureau- (8) S. 598, A bill to reauthorize provi- Service Agency has done to expedite cratic red tape.’’ The SBA’s enforcement of an ‘‘obscure sions in the Native American Housing the process, and compliment their staff Assistance and Self-Determination Act rule’’ was a surprise, said Mark Forest, dis- for being so responsive. However, this trict director for U.S. Rep. William of 1996 relating to Native Hawaiian isn’t right. Delahunt, D–Mass. low-income housing and Federal loan Our State has been hit by the worst ‘‘Obviously, we are not pleased,’’ Forest guarantees for Native Hawaiian hous- case of red tide in more than 30 years. said. ‘‘We’re working to get the problem ing. These small business owners have seen fixed quickly.’’ (9) S. , A bill to condemn certain their income disappear because they Efforts to reach SBA regional director Wil- subsurface rights to land held trust by can’t sell their inventory. With no in- liam Leggerio weren’t immediately success- the State of Arizona, and convey sub- ful Tuesday. come they can’t pay their bills, invest On June 9, Gov. Mitt Romney declared a surface rights held by BLM, for the in seeds to plant future crops, and they state of emergency and asked the SBA for Pascua Yaqui Tribe. can’t afford to maintain their current disaster assistance for the shellfishing indus- (10) S. , A bill to authorize funding crops. They need access to these low- try, which is losing an estimated $3 million for the National Indian Gaming Com- cost loans to help them makes ends a week. Less than a week later, the SBA an- mission. meet until the Government opens the nounced that it would offer loans of up to (11) S. 1239, A bill to authorize the shores and declares shellfish once again $1.5 million with a 4 percent interest rate. use of Indian Health Service funds to safe to eat. Other forms of financial assistance could pay Medicare Part D premiums on be- Businesses in trouble can’t, and be available soon. The state also is asking for disaster aid from the Federal Emergency half of Indians. shouldn’t have to, wait for this redtape Management Agency. (12) S. 1231, A bill to provide initial to be resolved. To make sure this In the meantime, most of the shellfish beds funding for the National Fund for Ex- doesn’t happen in the future, I am join- shut down along the coast of Massachusetts cellence in American Indian Education ing Senator SNOWE to make it possible will remain closed for at least four to five previously established by Congress. for aquaculturists to be eligible for more weeks, state shellfish biologist Michael (13) S. , A bill to require former Fed- SBA economic injury disaster loans. Hickey said Tuesday. eral employees who are employed by This will complement what the Depart- Hickey said the size and intensity of the tribes to adhere to conflict of interest ment of Agriculture’s Farm Services toxic algae bloom is dropping in the waters Agency can offer in disaster loans. I off the North Shore and Cape Cod, but it rules. could take two more weeks for the bloom to (14) S. , A bill to amend the Tribally want to also assure my colleagues that completely disappear. After that, he added, Controlled Community College and businesses are only eligible for loans it would take two to three more weeks be- Universities Assistance Act. through the SBA or Farm Service fore shellfish beds can reopen. Those wishing additional information Agency but not both. This is already ‘‘The good news is that areas we do have may contact the Indian Affairs Com- prohibited by law, and the agencies open are safe. The shellfish on the market is mittee. have in place procedures to protect safe. The beaches are safe,’’ Hickey said. ‘‘The bad news is, it’s not over. (The bloom) against misuse. I than Senator SNOWE f is not going to be over for another couple of for working with me to help our fisher- weeks.’’ RED TIDE EMERGENCY RELIEF men hurting from red tide. ACT OF 2005 The red tide algae contaminates shellfish I ask unanimous consent that an ar- such as clams and mussels, making them un- Mr. MCCONNELL. Mr. President, I ticle on this problem be printed in the safe for people and animals to eat. The out- ask unanimous consent the Senate pro- RECORD. break is the region’s worst since 1972.

VerDate Aug 31 2005 03:54 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S27JN5.REC S27JN5 mmaher on PROD1PC70 with CONG-REC-ONLINE June 27, 2005 CONGRESSIONAL RECORD — SENATE S7447 Mr. MCCONNELL. I ask unanimous S. 260 (II) improving waterfowl habitat condi- consent the bill be read a third time Be it enacted by the Senate and House of Rep- tions; and passed, the motion to reconsider be resentatives of the United States of America in (III) establishing water level management laid upon the table, and any state- Congress assembled, capabilities for native plant communities; SECTION 1. SHORT TITLE. (IV) creating mud flat conditions impor- ments be printed in the RECORD. This Act may be cited as the ‘‘Partners for tant for shorebirds; and The PRESIDING OFFICER. Without Fish and Wildlife Act’’. (V) cross fencing or establishing a rota- objection, it is so ordered. SEC. 2. FINDINGS AND PURPOSE. tional grazing system on native range to im- The bill (S. 1316) was read the third (a) FINDINGS.—Congress finds that— prove grassland nesting bird habitat condi- time and passed, as follows: (1) approximately 60 percent of fish and tions; and (ii) an activity conducted to shift a native S. 1316 wildlife in the United States are on private land; plant community successional stage, includ- Be it enacted by the Senate and House of Rep- (2) it is imperative to facilitate private ing— resentatives of the United States of America in landowner-centered and results-oriented ef- (I) burning an established native grass Congress assembled, forts that promote efficient and innovative community to reduce or eliminate invading SECTION 1. SHORT TITLE. ways to protect and enhance natural re- brush or exotic species; This Act may be cited as the ‘‘Red Tide sources; (II) brush shearing to set back early suc- Emergency Relief Act of 2005’’. (3) there is no readily available source of cessional plant communities; and SEC. 2. FINDINGS. technical biological information that the (III) forest management that promotes a Congress finds that— public can access to assist with the applica- particular seral stage. (1) shellfish growers, known as tion of state-of-the-art techniques to restore, (C) EXCLUSIONS.—The term ‘‘habitat en- ‘‘aquaculturists’’, from the Schoodic Penin- enhance, and manage fish and wildlife habi- hancement’’ does not include regularly sula in Maine to Buzzards Bay in Massachu- tats; scheduled and routine maintenance and man- setts have suffered substantial economic in- (4) a voluntary cost-effective program that agement activities, such as annual mowing jury due to the worst occurrence of toxic leverages public and private funds to assist or spraying of unwanted vegetation. (3) HABITAT ESTABLISHMENT.—The term algae bloom, known as ‘‘Red Tide’’, along the private landowners in the conduct of state- ‘‘habitat establishment’’ means the manipu- New England Coast since 1972; of-the-art fish and wildlife habitat restora- lation of physical, chemical, or biological (2) toxins produced by the Red Tide algae tion, enhancement, and management characteristics of a project site to create and contaminate shellfish like clams and mus- projects is needed; maintain habitat that did not previously sels, making them unsafe for people and ani- (5) durable partnerships working collabo- exist on the project site, including construc- mals to eat, forcing the extended closure of ratively with willing private landowners to tion of— shellfish beds along contaminated areas. implement on-the-ground projects has lead (A) shallow water impoundments on non- (3) hundreds of shellfish growers have been to the reduction of endangered species list- hydric soils; and affected by the Red Tide, and losses indus- ings; (B) side channel spawning and rearing trywide are estimated at $3 million a week; (6) Executive Order No. 13352 (69 Fed. Reg. habitat. and 52989) directs the Departments of the Inte- rior, Agriculture, Commerce, and Defense (4) HABITAT IMPROVEMENT.—The term (4) shellfish growers are currently consid- ‘‘habitat improvement’’ means restoring øor ered to be agricultural enterprises, and are and the Environmental Protection Agency to pursue new cooperative conservation pro- artificially providing¿, enhancing, or estab- therefore ineligible for economic injury dis- lishing physiographic, hydrological, or disaster loans available to other small business grams involving the collaboration of Fed- eral, State, local, and tribal governments, turbance conditions necessary to establish or concerns through the Small Business Admin- maintain native plant and animal commu- istration; private for-profit and non-profit institutions, non-governmental entities, and individuals; nities, including periodic manipulations to (5) shellfish growers are only eligible for maintain intended habitat conditions on emergency loans through the Farm Service (7) since 1987, the Partners for Fish and Wildlife Program has exemplified coopera- completed project sites. Agency of the Department of Agriculture (5) HABITAT RESTORATION.— under limited circumstances; tive conservation as an innovative, voluntary partnership program that helps pri- (A) IN GENERAL.—The term ‘‘habitat res- (6) the Small Business Act should be toration’’ means the manipulation of the amended to make shellfish growers eligible vate landowners restore wetland and other important fish and wildlife habitat; and physical, chemical, or biological characteris- for emergency small business assistance, as a (8) through 33,103 agreements with private tics of a site with the goal of returning the complement to assistance otherwise offered landowners, the Partners for Fish and Wild- majority of natural functions to the lost or through Federal programs. life Program has accomplished the restora- degraded native habitat. SEC. 3. AUTHORITY TO PROVIDE DISASTER AS- tion of 677,000 acres of wetland, 1,253,700 acres (B) INCLUSIONS.—The term ‘‘habitat res- SISTANCE TO AQUACULTURE EN- of prairie and native grasslands, and 5,560 toration’’ includes— TERPRISES. miles of riparian and in-stream habitat since (i) an activity conducted to return a Section 18(b)(1) of the Small Business Act 1987, demonstrating much of that success project site, to the maximum extent prac- (15 U.S.C. 647(b)(1)) is amended— since only 2001. ticable, to the ecological condition that ex- (1) by striking ‘‘aquaculture,’’; and (b) PURPOSE.—The purpose of this Act is to isted prior to the loss or degradation, includ- (2) by inserting before the semicolon at the provide for the restoration, enhancement, ing— end ‘‘, other than aquaculture’’. and management of fish and wildlife habitats (I) removing tile drains or plugging drain- f on private land through the Partners for age ditches in former or degraded wetland; Fish and Wildlife Program, a program that (II) returning meanders and sustainable PARTNERS FOR FISH AND works with private landowners to conduct profiles to straightened streams; WILDLIFE ACT cost-effective habitat projects for the benefit (III) burning grass communities heavily in- of fish and wildlife resources in the United vaded by exotic species to reestablish native Mr. MCCONNELL. Mr. President, I States. grass and plant communities; and ask unanimous consent that the Sen- SEC. 3. DEFINITIONS. (IV) planting plant communities that are ate proceed to the immediate consider- In this Act: native to the project site; ation of Calendar No. 134, S. 260. (1) FEDERAL TRUST SPECIES.—The term (ii) if restoration of a project site to its The PRESIDING OFFICER. The ‘‘Federal trust species’’ means migratory original ecological condition is not prac- clerk will report the bill by title. birds, threatened species, endangered spe- ticable, an activity that repairs 1 or more of The legislative clerk read as follows: cies, interjurisdictional fish, marine mam- the original habitat functions and that in- mals, and other species of concern. volve the use of native vegetation, includ- A bill (S. 260) to authorize the Secretary of (2) HABITAT ENHANCEMENT.— ing— the Interior to provide technical and finan- (A) IN GENERAL.—The term ‘‘habitat en- (I) the installation of a water control cial assistance to private landowners to re- hancement’’ means the manipulation of the structure in a swale on land isolated from store, enhance, and manage private land to physical, chemical, or biological characteris- overbank flooding by a major levee to simu- improve fish and wildlife habitats through tics of a ønative¿ habitat to change a specific late natural hydrological processes; and the Partners for Fish and Wildlife Program. function or seral stage of the ønative¿ habi- (II) the placement of streambank or There being no objection, the Senate tat. instream habitat diversity structures in proceeded to consider the bill which (B) INCLUSIONS.—The term ‘‘habitat en- streams that cannot be restored to original had been reported from the Committee hancement’’ includes— conditions or profile; and on Environment and Public Works, (i) an activity conducted to increase or de- (iii) removal of a disturbing or degrading crease a specific function for the purpose of element to enable the native habitat to rees- with amendments. benefitting species, including— tablish or become fully functional. [Strike the parts shown in black (I) increasing the hydroperiod and water (6) PRIVATE LAND.— brackets and insert the part shown in depth of a stream or wetland beyond what (A) IN GENERAL.—The term ‘‘private land’’ italic.] would naturally occur; means any land that is not owned by the

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(7) PROJECT.—The term ‘‘project’’ means a 52989) directs the Departments of the Inte- (4) HABITAT IMPROVEMENT.—The term project carried out under the Partners for rior, Agriculture, Commerce, and Defense ‘‘habitat improvement’’ means restoring, en- Fish and Wildlife Program established by and the Environmental Protection Agency to hancing, or establishing physiographic, section 4. pursue new cooperative conservation pro- hydrological, or disturbance conditions nec- (8) SECRETARY.—The term ‘‘Secretary’’ grams involving the collaboration of Fed- essary to establish or maintain native plant means the Secretary of the Interior. eral, State, local, and tribal governments, and animal communities, including periodic øSEC. 4. PARTNERS FOR FISH AND WILDLIFE private for-profit and non-profit institutions, manipulations to maintain intended habitat PROGRAM. non-governmental entities, and individuals; conditions on completed project sites. ø (7) since 1987, the Partners for Fish and The Secretary shall carry out the Part- (5) HABITAT RESTORATION.— Wildlife Program has exemplified coopera- ners for Fish and Wildlife Program within (A) IN GENERAL.—The term ‘‘habitat res- tive conservation as an innovative, vol- the United States Fish and Wildlife Service toration’’ means the manipulation of the untary partnership program that helps pri- to provide technical and financial assistance physical, chemical, or biological characteris- to private landowners for the conduct of vol- vate landowners restore wetland and other important fish and wildlife habitat; and tics of a site with the goal of returning the untary projects to benefit Federal trust spe- majority of natural functions to the lost or cies by promoting habitat improvement, (8) through 33,103 agreements with private degraded native habitat. habitat restoration, habitat enhancement, landowners, the Partners for Fish and Wild- (B) INCLUSIONS.—The term ‘‘habitat res- and habitat establishment.¿ life Program has accomplished the restoration of 677,000 acres of wetland, 1,253,700 acres toration’’ includes— SEC. 4. PARTNERS FOR FISH AND WILDLIFE PRO- (i) an activity conducted to return a GRAM. of prairie and native grasslands, and 5,560 project site, to the maximum extent prac- ƒThe Secretary shall carry out the Partners miles of riparian and in-stream habitat since for Fish and Wildlife Program within the United 1987, demonstrating much of that success ticable, to the ecological condition that ex- States Fish and Wildlife Service to provide— since only 2001. isted prior to the loss or degradation, includ- (1) technical and financial assistance to pri- (b) PURPOSE.—The purpose of this Act is to ing— vate landowners for the conduct of voluntary provide for the restoration, enhancement, (I) removing tile drains or plugging drain- projects to benefit Federal trust species by pro- and management of fish and wildlife habitats age ditches in former or degraded wetland; moting habitat improvement, habitat restora- on private land through the Partners for (II) returning meanders and sustainable Fish and Wildlife Program, a program that tion, habitat enhancement, and habitat estab- profiles to straightened streams; works with private landowners to conduct lishment; and (III) burning grass communities heavily in- cost-effective habitat projects for the benefit (2) technical assistance to other public and vaded by exotic species to reestablish native of fish and wildlife resources in the United private entities regarding fish and wildlife habi- grass and plant communities; and States. tat restoration on private land. (IV) planting plant communities that are SEC. 3. DEFINITIONS. native to the project site; SEC. 5. AUTHORIZATION OF APPROPRIATIONS. In this Act: There is authorized to be appropriated to (ii) if restoration of a project site to its (1) FEDERAL TRUST SPECIES.—The term original ecological condition is not prac- carry out this Act not more than $75,000,000 ‘‘Federal trust species’’ means migratory ticable, an activity that repairs 1 or more of for each of fiscal years 2006 through 2011. birds, threatened species, endangered spe- the original habitat functions and that in- Mr. MCCONNELL. I ask unanimous cies, interjurisdictional fish, marine mam- consent the committee-reported mals, and other species of concern. volve the use of native vegetation, includ- amendments be agreed to, the bill as (2) HABITAT ENHANCEMENT.— ing— (I) the installation of a water control amended be read the third time and (A) IN GENERAL.—The term ‘‘habitat en- passed, the motion to reconsider be hancement’’ means the manipulation of the structure in a swale on land isolated from physical, chemical, or biological characteris- overbank flooding by a major levee to simu- laid upon the table, and any state- late natural hydrological processes; and ments relating to the bill be printed in tics of a habitat to change a specific function or seral stage of the habitat. (II) the placement of streambank or the RECORD. (B) INCLUSIONS.—The term ‘‘habitat en- instream habitat diversity structures in The PRESIDING OFFICER. Without hancement’’ includes— streams that cannot be restored to original objection, it is so ordered. (i) an activity conducted to increase or de- conditions or profile; and The committee amendments were crease a specific function for the purpose of (iii) removal of a disturbing or degrading agreed to. benefitting species, including— element to enable the native habitat to rees- The bill (S. 260), as amended, was (I) increasing the hydroperiod and water tablish or become fully functional. read the third time and passed, as fol- depth of a stream or wetland beyond what (6) PRIVATE LAND.— lows: would naturally occur; (A) IN GENERAL.—The term ‘‘private land’’ (II) improving waterfowl habitat condi- means any land that is not owned by the S. 260 tions; Federal Government or a State. Be it enacted by the Senate and House of Rep- (III) establishing water level management (B) INCLUSIONS.—The term ‘‘private land’’ resentatives of the United States of America in capabilities for native plant communities; includes tribal land and Hawaiian homeland. Congress assembled, (IV) creating mud flat conditions impor- (7) PROJECT.—The term ‘‘project’’ means a SECTION 1. SHORT TITLE. tant for shorebirds; and project carried out under the Partners for This Act may be cited as the ‘‘Partners for (V) cross fencing or establishing a rota- Fish and Wildlife Program established by Fish and Wildlife Act’’. tional grazing system on native range to im- section 4. SEC. 2. FINDINGS AND PURPOSE. prove grassland nesting bird habitat condi- (8) SECRETARY.—The term ‘‘Secretary’’ (a) FINDINGS.—Congress finds that— tions; and means the Secretary of the Interior. (1) approximately 60 percent of fish and (ii) an activity conducted to shift a native wildlife in the United States are on private plant community successional stage, includ- SEC. 4. PARTNERS FOR FISH AND WILDLIFE PRO- land; ing— GRAM. (2) it is imperative to facilitate private (I) burning an established native grass The Secretary shall carry out the Partners landowner-centered and results-oriented ef- community to reduce or eliminate invading for Fish and Wildlife Program within the forts that promote efficient and innovative brush or exotic species; United States Fish and Wildlife Service to ways to protect and enhance natural re- (II) brush shearing to set back early suc- sources; cessional plant communities; and provide— (3) there is no readily available source of (III) forest management that promotes a (1) technical and financial assistance to technical biological information that the particular seral stage. private landowners for the conduct of vol- public can access to assist with the applica- (C) EXCLUSIONS.—The term ‘‘habitat en- untary projects to benefit Federal trust spe- tion of state-of-the-art techniques to restore, hancement’’ does not include regularly cies by promoting habitat improvement, enhance, and manage fish and wildlife habi- scheduled and routine maintenance and man- habitat restoration, habitat enhancement, tats; agement activities, such as annual mowing and habitat establishment; and (4) a voluntary cost-effective program that or spraying of unwanted vegetation. (2) technical assistance to other public and leverages public and private funds to assist (3) HABITAT ESTABLISHMENT.—The term private entities regarding fish and wildlife private landowners in the conduct of state- ‘‘habitat establishment’’ means the manipu- habitat restoration on private land. of-the-art fish and wildlife habitat restora- lation of physical, chemical, or biological SEC. 5. AUTHORIZATION OF APPROPRIATIONS. tion, enhancement, and management characteristics of a project site to create and projects is needed; maintain habitat that did not previously There is authorized to be appropriated to (5) durable partnerships working collabo- exist on the project site, including construc- carry out this Act not more than $75,000,000 ratively with willing private landowners to tion of— for each of fiscal years 2006 through 2011.

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DEPARTMENTS OF LABOR, tions offered by President Bush’s New Free- acceptable balance as they travel to Montreal HEALTH AND HUMAN SERVICES, dom Commission on Mental Health, minimizes in a few days to attend the Twenty-fifth Open- AND EDUCATION, AND RELATED the importance of mental health to the well- Ended Working Group Meeting of the Parties AGENCIES APPROPRIATIONS being of Americans, and threatens vital efforts to the Montreal Protocol, Second Extraor- ACT, 2006 to promote access to mental health services. dinary Meeting of the Parties, and associated Mental health is one of the greatest prob- meetings 26 June–2 July 2005. SPEECH OF lems facing our Nation. During any one-year I am proud to say that the answer to this HON. JERROLD NADLER period, up to 50 million Americans—more than international problem is found right in the 22 percent—suffer from a clearly diagnosable State of Indiana and is being promoted by a OF NEW YORK mental disorder involving a degree of inca- Hoosier with a vision to create a safer environ- IN THE HOUSE OF REPRESENTATIVES pacity that interferes with employment, attend- ment while at the same time stimulating Friday, June 24, 2005 ance at school or daily life. Among other growth in the Hoosier economy. The House in Committee of the Whole things, mental health affects whether one gets This person is David Mueller of Westfield, House on the State of the Union had under involved in substance abuse, commits vio- Indiana. He is a fumigator and the son of a consideration the bill (H.R. 3010) making ap- lence, follows through on medical advice, flour miller and has been fumigating since he propriations for the Departments of Labor, cares for a child, performs his work, and en- was a teenager. His privately owned family Health and Human Services, and Education, gages in healthy behaviors. In short, one’s business was founded in 1981 and has 25 and Related Agencies for the fiscal year end- mental health affects almost every aspect of employees. ing September 30, 2006, and for other purposes: life. Methyl bromide is a product that his com- I believe strongly in the need to support chil- pany Fumigation Service & Supply, Inc. began Mr. NADLER. Mr. Chairman, I rise today to dren’s physical and mental health, while re- using in the 1980s for fumigating flourmills, note that during the debate on the Nadler specting parental rights. Recognizing that food processing structures, and post harvest amendment to H.R. 3010, which would have early childhood is a critical period for the onset commodities throughout the United States. At restored funding to Arts in Education proof emotional and behavioral problems, the one point Mr. Mueller and his company used grams, a procedural error occurred. President’s Commission encouraged organiza- or sold over 300,000 lbs of methyl bromide The RECORD will reflect that at the end of tions that work with children to improve early per year in the early 1990s. This represented the debate, as a result of the agreement by identification of children with mental health about 55 percent of their total fumigation busi- Chairman REGULA to work to maintain funds needs. Research shows that early detection, ness. for Arts in Education programs in conference, assessment, and connection to treatment and As of January 1, 2005, this Indiana com- I stated that I would not seek a vote on my support helps prevent mental health problems pany no longer uses methyl bromide, How did amendment. Immediately following the debate, from worsening. Because more than 52 million they phase out of this biocide? however, in his haste to keep the proceedings students attend schools in the U.S., the Com- In 1995 they heard that methyl bromide was moving, the Chair called a vote, contradicting mission recognized that schools are in a key going to be phased out under the Montreal my intention to withdraw my amendment. With position to identify mental health problems Protocol. Dave understood that the loss of nobody apparently listening, or realizing there early and help link children to appropriate methyl bromide would have a dramatic effect was a vote in progress—no ‘‘aye’’ or ‘‘nay’’ services. The Commission in no way recon his business. He attended several domestic vote was heard—the Chair declared the voice ommends mandatory legislation or any effort and international meetings to determine if this vote in the negative. to circumvent parental consent to screening. was a true story. After determining that alter- I would like the RECORD to reflect that it was Quite the opposite, in fact. It repeatedly rec- natives would, in fact, be required under the my intention to withdraw my amendment, be- ommends that child-serving organizations U.S. Clean Air Act and the international treaty cause of Chairman REGULA’s commitment to work with parents to support identification and signed by President Reagan called the Mon- the Arts in Education program. I trust that treatment efforts. treal Protocol, his company began to search commitment will not be affected by the proce- Like so many disorders, mental illness does for credible alternatives. dural error. not discriminate and effects every age, ethnic, As a stored product entomologist, Mr. f and socioeconomic group. Given its wide- Mueller started this search process by looking DEPARTMENTS OF LABOR, spread effect on individuals and society, we at methyl bromide and how it affects the in- HEALTH AND HUMAN SERVICES, need to put more emphasis on mental health, sects and other pests. It is a biocide that kills AND EDUCATION, AND RELATED not less. I urge my colleagues to vote against like napalm. When it touches something, it AGENCIES APPROPRIATIONS the Paul amendment. kills it: egg, larva, pupa and adult. Other fumi- ACT, 2006 f gants needed more time or a higher dosage rate to work. However, he understood that the SPEECH OF DAVID MUELLER OF WESTFIELD, respiration of the insects could be increased INDIANA substantially by increasing the temperature in HON. DANNY K. DAVIS the flourmills and food factories or choosing OF ILLINOIS HON. MIKE PENCE the warmest time of the year to plan the IN THE HOUSE OF REPRESENTATIVES OF INDIANA scheduled fumigations. Friday, June 24, 2005 IN THE HOUSE OF REPRESENTATIVES By increasing the temperature of the insects they were observed to become stressed, de- The House in Committee of the Whole Monday, June 27, 2005 House on the State of the Union had under hydrated, and would die faster. The dosage consideration the bill (H.R. 3010) making ap- Mr. PENCE. Mr. Speaker, for many years rates for conventional fumigants and insecti- propriations for the Departments of Labor, we in this body have been discussing the cides like phosphine, dichlorvos, and sulfuryl Health and Human Services, and Education, issue of the use of methyl bromide and the im- fluoride worked better, faster, and at lower and Related Agencies for the fiscal year end- pact of the elimination of this chemical as stat- dosage rates when temperatures of 90–100° F ing September 30, 2006, and for other pur- ed in the Montreal Protocol. We must look at (30–40° C) were created. poses: how this will affect our diverse economy as He also added carbon dioxide (3–5 percent) Mr. DAVIS of Illinois. Mr. Chairman, I rise in well as lay the groundwork for new alter- to the mix to allow for better mortality and strong opposition to Mr. PAUL’s amendment natives to replace methyl bromide. As signato- shorter shutdown times for these post harvest that would bar Federal funds from being used ries to the Montreal Protocol, the United fumigations. The carbon dioxide makes the infor mental health screening programs. This States negotiators have a responsibility to sects and rodents breathe harder and faster amendment misunderstands the recommenda- Congress and the Administration to seek an allowing the fumigants to kill better and faster.

∑ 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 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JN8.001 E27PT1 E1358 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2005 This is called the combination fumigation days of segregation in 1926 and underwent CLARIFICATION OF REPRESENTA- method. many and varied changes, including its con- TIVE GRIJALVA AS AN ORIGINAL The ten-year findings to this search for alter- version to middle school status. But through COSPONSOR OF H.R. 3051 natives to methyl bromide showed those who the resilience of this class, its members were willing to listen that credible alternatives achieved the unthinkable and convinced the HON. JIM KOLBE to methyl bromide do exist. The combination Miami-Dade County School Board to reinstate OF ARIZONA of heat and/or carbon dioxide added to exist- its senior high school status in August 1999. IN THE HOUSE OF REPRESENTATIVES ing E.P.A. registered fumigants and insecti- The alumni are now prominent members of Monday, June 27, 2005 cides offers credible, technical, and economic our community and occupy positions of honor alternatives to methyl bromide. and prestige in many professions at the local, Mr. KOLBE. Mr. Speaker, on Thursday, During this search for alternatives, Mr. State and Federal levels. Among its distin- June 23, I introduced H.R. 3051, the Pima Mueller noticed that many companies don’t guished leaders is Les Brown, who is on the County Land Adjustment Act. At introduction I use methyl bromide. He asked how they do it. national speakers’ circuit, advising people of inadvertently did not indicate Representative The answer was simple, they don’t fumigate RAU´ L GRIJALVA as an original cosponsor. Rep- because they do all the things that they should all ages to strive to be the best they can be; the Miami Dolphin’s extraordinary athlete Larry resentative GRIJALVA made significant con- do to prevent having to fumigate. Brand name tributions during the authoring of this legisla- companies like Frito Lay, Nestle, PepsiCo, Kal Little; professor and author Audrey Thomas McCluskey of Indiana University; teacher-of- tion and played an integral role throughout the Kan, Purina, Gerber, Procter and Gamble, process. Although the House rules do not per- Wal-Mart, and many more don’t fumigate with the-year awardee Laurasteen Thompson Jones, who continues to tutor children in mit Representative GRIJALVA’s name to be methyl bromide. Good cleaning, good preven- shown as an original cosponsor of H.R. 3051, tion and monitoring strategies to be proactive innercity schools; preeminent educator Ro- berta Thompson Daniels; and educational I wish to clarify that he rightly deserves this rather than reactive have allowed these com- recognition. I would like to express my sin- panies to prioritize their sanitation program counselor Stanley Squire—these are but a few of the members of the class of ’63. They are cerest apologies to Representative GRIJALVA with excellent results and corporate reputa- and his staff for this inadvertent oversight. tions. Their brand names are the best in the bonded by their quest to serve others, and to- f industry because they spend the resources to gether they evoke a unique family of achievers stop the insects and other pests from entering and dreamers who have prided themselves in INTRODUCTION OF THE PARENTS’ their facilities. If pests do get through the enduring the same burdens for the sake of TAX RELIEF ACT ‘‘gatekeeper’’ they have strategies to monitor others, especially the less fortunate. for their early detection. Local treatments are As the class of ’63 gathers to revive the HON. LEE TERRY memories of years gone by, I fully recognize then applied in a timely manner to eliminate OF NEBRASKA any outbreaks. This is post harvest IPM and it the character of the members’ genuine friend- IN THE HOUSE OF REPRESENTATIVES works for those willing to be proactive instead ship that has given them hope and optimism of reactive. for a better future amidst life’s unceasing chal- Monday, June 27, 2005 In summary, life without methyl bromide is lenges. I am proud of this distinguished class Mr. TERRY. Mr. Speaker, I rise today to in- possible. This Hoosier company is doing it and because it represents the best and the noblest troduce the Parents’ Tax Relief Act, PTRA, to other companies are doing it with credible al- of our Miami-Dade County community and be- empower parents who choose to stay home ternatives for the protection of the environ- yond amidst the countless struggles they have with their children. ment. There is a price to pay for protecting the had to endure during a most difficult time of This legislation will end the longstanding in- environment and everyone can find credible their years of learning. I look forward to their equity in the Tax Code that encourages day alternatives if they search for them like Fumi- helping us cherish a genuine love for our care above stay-at-home parenting. It will also gation Service & Supply, Inc. did. Companies proud heritage and enlighten us with greater help parents to spend more time with their that continue to use methyl bromide when wisdom while they continue to uphold the children by encouraging flexible employment there are credible alternatives available should good name of their Alma Mater, Booker T. opportunities such as home-based businesses spend the time, resources, and effort to make Washington High School. and telecommuting jobs. the right choice as did Mr. Mueller and Fumi- Congress should recognize and support the gation Supply & Service, Inc. f incredible sacrifices parents make to raise f their children. I have heard from Nebraska COMMENDING PAUL WILLIAM CAN- TRIBUTE TO THE BOOKER T. families who struggle to make ends meet so FIELD UPON THE OCCASION OF one parent can stay at home and provide the WASHINGTON JUNIOR-SENIOR RECEIVING THE YMCA COACH OF HIGH SCHOOL CLASS OF 1963 love, care and attention that every child de- THE YEAR AWARD serves. The high Federal tax burden, which falls most heavily on the middle-class, has un- HON. KENDRICK B. MEEK fortunately made this option extremely difficult, OF FLORIDA HON. BRIAN HIGGINS if not unreachable, for many families. IN THE HOUSE OF REPRESENTATIVES OF NEW YORK Parents perform a tremendous balancing act Monday, June 27, 2005 IN THE HOUSE OF REPRESENTATIVES between work and family responsibilities. It Mr. MEEK of Florida. Mr. Speaker, I want to can be difficult for families to survive without pay tribute to the reunion of Miami-Dade Monday, June 27, 2005 a second income, much of which goes towards day care and work-related expenses County’s Booker T. Washington’s class of Mr. HIGGINS. Mr. Speaker, I rise today to such as dry-cleaning bills and gasoline, but 1963. In a special way, I commend this dedi- commend Paul William Canfield, a resident of which can also support grocery bills, medical cated group of alumni, who entered our com- Chautauqua County, City of Jamestown, upon expenses and savings for a child’s future edu- munity’s landmark institution in 1957. Forty- the occasion of receiving the YMCA Coach of cation. two years later, the members of this class are the Year Award. journeying to Washington, DC to celebrate a Greater tax relief will make it a more real- memorable ‘‘60th Birthday Bash,’’ beginning Paul was honored at the Jamestown YMCA istic option for parents to stay at home with on July 21, 2005. annual meeting for his dedication and devotion their little ones in the early formative years Indeed, these distinguished alumni sym- to his job and the community. This honor was that are so crucial to children’s physical, men- bolize a cadre of young men and women dar- given to Paul for his exemplary services at the tal and emotional development. The legislation ing to be great in their own right during their YMCA, not only as a volunteer, but also as a that I am introducing today will improve op- years at the school. Inspired by their motto, staff member. tions for parents to contribute to family income ‘‘Not the largest, but the best,’’ this class rep- In addition to donating his time and energy while staying at home for their children, includ- resents a convergence of their desire to to the YMCA, Paul is also a special education ing home-based businesses and telecom- achieve greater enhancement of our noble tra- teacher for the Jamestown Public Schools. Mr. muting jobs. ditions and the meaning of our common strug- Canfield has shown extreme devotion and It is clear that parents want these options. A gles. generosity to the community, and I am proud, comprehensive study on balancing work and Booker T. Washington is truly a school for Mr. Speaker, to have the opportunity to honor family, conducted by four major charitable students of all ages. It was established in the him here today. foundations, found that 70 percent of parents

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JN8.004 E27PT1 June 27, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1359 believe the best arrangement for the care of Fifth, this legislation will support parents ous degrees of higher education, an array of young children is to have one parent at home. who operate a home-based business in order honors and awards, and a variety of career An ABC News poll last month showed that 77 to spend more time with their children. The bill positions that have impacted many throughout percent of parents agree that while it may be establishes a standard home-office tax deduc- Ohio. His impressive educational background necessary for a mother to work and contribute tion to replace complicated IRS regulations includes a Bachelor of Arts degree from St. to family income, it would be better if she that prevent many small business owners from Gregory Seminary, Masters of Arts degrees could stay home to care for the house and deducting legitimate expenses. The Congres- from Mount St. Mary Seminary of the West, children. sional Budget Office estimates that nine. mil- Notre Dame University, and Ursuline College, In a parenting survey done for Warner lion of the 17.3 million small businesses in the and a licentiate in Cannon Law from Catholic Books, 87 percent of mothers said they would United States are homebased, and 55 percent University of America. stay at home to raise their children if they are operated by women. Many home busi- Monsignor Polando is a Chaplain of His Ho- could afford it. The Family and Work Institute nesses are started to provide a secondary in- liness, a high honor that was bestowed upon reported that 70 percent of working parents come. him by Pope John Paul II in 1997. Bishop feel they lack enough time with their children, Sixth, the Parents’ Tax Relief Act encour- Tobin, former head of the Youngstown Dio- and nearly two-thirds of all workers would re- ages telecommuting for families with young cese, appointed him to the position of Adjutant duce their work hours by an average 11 hours children. It will create a Telecommuting Tax Judicial Vicar of the Diocese of Youngstown in a week if they could. Credit allowing employers to deduct a portion 2003. Monsignor Polando has served as Su- In addition, 62 percent of parents with pre- of a telecommuting employee’s wages for in- preme Chaplain, Vice President and National schoolers want policymakers to concentrate come tax purposes. It will also support Presi- Chaplain for the First Catholic Slovak Union of on making it more affordable for a parent to dent Bush’s budget request to allow individ- the United States and Canada, and as a stay at home during a child’s first few years uals to exclude from income the value of em- Chaplain and Pastor for various churches, par- than on improving the quality and affordability ployer-provided computers and related equip- ishes, and organizations throughout Ohio. He of day care. In fact, 53 percent of parents pre- ment necessary for work from home. Telecom- has worked as an instructor at Walsh Univer- ferred direct tax cuts to stay-at-home-parents, muting is one way mothers or fathers can stay sity, Ursuline College, and Cardinal Mooney while only 1 in 3, 33 percent, would cut costs at home with their children while still contrib- High School, where he also served as prin- for families using day care. Members of Con- uting to family income. cipal and a cross country and track coach. gress should trust in the judgement of parents, Finally, the Parents’ Tax Relief Act protects Monsignor Polando is also an active mem- especially regarding the care of preschool chil- the Social Security benefits of women or men ber of many organizations and societies in- dren. who choose to stay-at-home with preschool cluding alumni associations, Knights of Colum- The Parents’ Tax Relief Act, which I am in- children. When a parent leaves the workforce bus, Youngstown Council of Catholic Nurses troducing today with a dozen original cospon- to be at home with a child, the family’s fi- and several Catholic Slovak organizations, in- sors, contains seven major tax improvements nances may not only suffer, but career oppor- cluding Slovak Catholic Sokol Wreaths 54 and to empower parents and strengthen families in 108, First Catholic Slovak Ladies Association America: tunities and future earnings potential may be diminished. Parents who stay at home to care Branch 169, and Ladies Pennsylvania Slovak First, this legislation extends the Dependent Catholic Union. Care Tax Credit to parents who choose to be for children during prime working years may also jeopardize their future Social Security Monsignor Polando has touched the lives of at home with their children. Established in many with his dedication and faith, and I 1954, this credit allows families to claim up to benefits—especially in the unfortunate case of disability or divorce. would like to honor and congratulate him on 35 percent of $3,000 in documented, non-pa- his twenty-fifth anniversary of his ordination. rental child care costs, and 35 percent of The Parents’ Tax Relief Act addresses the f $6,000 in day care expenses for two children. realities stay-at-home parents face by allowing Families who make the financial sacrifice to up to 10 years of flexible Social Security em- A STATEMENT BY SECRETARY OF have one parent stay at home for their chil- ployment credits for parents who stay at home STATE CONDOLEEZZA RICE AT dren should also benefit from this tax credit. to raise children age six and under. Public pol- THE AMERICAN UNIVERSITY IN Second, the Parents’ Tax Relief Act will icy should recognize and safeguard stay-at- CAIRO make the $1,000 child tax credit permanent home parenting as valuable work that contrib- and index it to inflation to retain its long-term utes to the character and security of our Na- HON TOM LANTOS tion. value. This tax relief is critical for Nebraska OF CALIFORNIA These seven tax improvements will em- families with dependent children. IN THE HOUSE OF REPRESENTATIVES Third, this legislation will double the per- power parents and strengthen families. The sonal income tax exemption to half of its origi- Federal government must not tax parents out Monday, June 27, 2005 nal 1948 value, from $3,100 to $5,000. From of their homes at the expense of children. I Mr. LANTOS. Mr. Speaker, I rise today to 1948 to 1963 when this exemption was equiv- am pleased to note that Senator SAM inform my colleagues of the forthright, coura- alent to $10,000 in today’s inflation-adjusted BROWNBACK is introducing this legislation in geous, and eloquent speech on democratiza- dollars, America witnessed a ‘‘marriage the other Chamber. It is my hope this bill will tion that Secretary of State Condoleezza Rice boom,’’ a ‘‘baby boom,’’ and a decline in the address the needs of modem families who delivered on June 20, 2005, to an audience at divorce rate. There is evidence suggesting want to stay at home with their children with- the American University in Cairo during her these outcomes were significantly advanced out decimating their family finances. trip this week to Egypt. by federal tax policy to strengthen families. I urge my colleagues to support families by In Cairo, Secretary Rice acknowledged that Doubling the personal income tax exemption cosponsoring the Parents’ Tax Relief Act democracies may vary somewhat from place provides critical support to families with chil- today. to place, but she emphasized that there are dren, as well as elderly or disabled depend- f certain ground-rules common to all democ- ents. racies: ‘‘the right to speak freely, the right to Fourth, the Parents’ Tax Relief Act elimi- TRIBUTE TO THE REVEREND associate, the right to worship as you wish, nates the marriage tax penalty once and for MONSIGNOR PETER M. POLANDO the freedom to educate your children—boys all. This penalty discourages the sacred insti- and girls, and freedom from the midnight tution of marriage by unfairly taxing married HON. TIM RYAN knock of the secret police’’ among others. couples filing jointly at a higher rate than two OF OHIO Then she delivered powerful messages to single individuals earning the same income. IN THE HOUSE OF REPRESENTATIVES both Middle Eastern authoritarian rulers and The 2001 tax cut law reduced this penalty by their citizens. To the rulers, Rice warned that doubling the standard deduction for joint filers, Monday, June 27, 2005 ‘‘the fear of free choices can no longer justify and doubling the size of the 15 percent tax Mr. RYAN of Ohio. Mr. Speaker, I rise today the denial of liberty. It is time to abandon the bracket for married couples. Unfortunately, in recognition of The Reverend Monsignor excuses that are made to avoid the hard work these reforms will expire by 2010, along with Peter M. Polando, who celebrates the twenty- of democracy.’’ the rest of the tax cuts enacted by Congress. fifth anniversary of his ordination this year. Mr. Speaker, to the citizens of the Middle The Parents’ Tax Relief Act will extend mar- Monsignor Polando was born in Youngs- East she offered hope: ‘‘Millions of people are riage tax relief to all tax brackets to prevent town, Ohio in 1954, and was ordained in 1980 demanding freedom for themselves and de- the government from discouraging marriage or at Youngstown’s Cathedral of St. Columba. He mocracy for their countries. To these coura- forcing both parents into the workforce. has led a distinguished life, marked by numer- geous men and women, I say today: All free

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JN8.011 E27PT1 E1360 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2005 nations will stand with you as you secure the look to the future—to a future that Egyp- fulfill their historic dream of statehood. blessings of your own liberty.’’ tians can lead and can define. Ladies and Courageous leaders, both among the Pal- The Secretary commended President Gentlemen: In our world today, a growing estinians and the Israelis, are dedicated to Mubarak’s reform of presidential elections in number of men and women are securing their seeking that peace. And they are working to build a shared trust. Egypt, but she made clear that Egypt’s imple- liberty. And as these people gain the power to choose, they are creating democratic gov- The Palestinian Authority will soon take mentation of the reform will be watched close- ernments in order to protect their natural control of the Gaza—a first step toward really. And she defined exactly what fair imple- rights. izing the vision of two democratic states liv- mentation means: ‘‘Opposition groups must be We should all look to a future when every ing side by side in peace and security. As free to assemble, and to participate, and to government respects the will of its citizens— Palestinians fight terror, and as the Israelis speak to the media. Voting should occur with- because the ideal of democracy is universal. fulfill their obligations and responsibilities to help create a viable Palestinian state, the out violence or intimidation. And international For 60 years, my country, the United States, pursued stability at the expense of democ- entire world—especially Egypt and the election monitors and observers must have United States—will offer full support. unrestricted access to do their jobs.’’ racy in this region here in the Middle East— and we achieved neither. Now, we are taking In Lebanon, supporters of democracy are Moreover, she made clear that, even in the demanding independence from foreign mas- a different course. We are supporting the ters. After the assassination of Rafiq Hariri, best circumstances, Egypt has a long way to democratic aspirations of all people. go: ‘‘The day must come when the rule of law As President Bush said in his Second Inau- thousands of Lebanese citizens called for change. And when the murder of journalist replaces emergency decrees—and when the gural Address: ‘‘America will not impose our Samir Qaseer reminded everyone of the style of government on the unwilling. Our independent judiciary replaces arbitrary jus- reach and brutality of terror, the Lebanese goal instead is to help others find their own tice.’’ people were still unafraid. Our Secretary of State has returned from voice, to attain their own freedom, and to They mourned their fellow patriot, but the Middle East having re-affirmed American make their own way.’’ they united publicly with pens and pencils values and having made clear that our com- We know these advances will not come eas- held aloft. It is not only the Lebanese people ily, or all at once. We know that different so- who desire freedom from Syria’s police state. mitment to freedom in the Middle East is un- cieties will find forms of democracy that flinching. And she communicated her message The Syrian people themselves share that as- work for them. When we talk about democ- piration. with a generosity of spirit and an under- racy, though, we are referring to govern- One hundred and seventy-nine Syrian aca- standing of the difficulties of democracy-build- ments that protect certain basic rights for demics and human rights activists are calling—as when she acknowledged America’s all their citizens—among these, the right to ing upon their government to ‘‘let the Da- painful history of slavery and discrimination— speak freely. The right to associate. The mascus spring flower, and let its flowers that made clear to her audience that the U.S. right to worship as you wish. The freedom to bloom.’’ Syria’s leaders should embrace this will be an empathetic partner along the path to educate your children—boys and girls. And call—and learn to trust their people. The freedom. freedom from the midnight knock of the se- case of Syria is especially serious, because as Mr. Speaker, I ask that Secretary Rice’s ad- cret police. its neighbors embrace democracy and polit- Securing these rights is the hope of every ical reform, Syria continues to harbor or di- dress be placed in the RECORD, and I urge my citizen, and the duty of every government. In rectly support groups committed to vio- colleagues to read and give attention to her my own country, the progress of democracy lence—in Lebanon, and in Israel, and Iraq, thoughtful remarks. has been long and difficult. And given our and in the Palestinian territories. It is time ADDRESS OF SECRETARY OF STATE history, the United States has no cause for for Syria to make a strategic choice to join CONDOLEEZZA RICE AT THE AMERICAN UNI- false pride and we have every reason for hu- the progress that is going on all around it. VERSITY IN CAIRO mility. In Iran, people are losing patience with an Thank you very much, Dr. Hala Mustafa, After all, America was founded by individ- oppressive regime that denies them their lib- for that really kind and warm introduction uals who knew that all human beings—and erty and their rights. The appearance of elec- and your inspiring thoughts about democ- the governments they create—are inherently tions does not mask the organized cruelty of racy here in the region. I am honored to be imperfect. And the United States was born Iran’s theocratic state. The Iranian people, here in the great and ancient city of Cairo. half free and half slave. And it was only in ladies and gentlemen, are capable of liberty. The United States values our strategic re- my lifetime that my government guaranteed They desire liberty. And they deserve lib- lationship and our strengthening economic the right to vote for all of its people. erty. The time has come for the unelected ties with Egypt. And American presidents Nevertheless, the principles enshrined in few to release their grip on the aspirations of since Ronald Reagan have benefited from the our Constitution enable citizens of convic- the proud people of Iran. In Saudi Arabia, brave citizens are de- wisdom and the counsel of President Muba- tion to move America closer every day to the manding accountable government. And some rak, with whom I had the pleasure of meet- ideal of democracy. Here in the Middle East, good first steps toward openness have been ing earlier today. that same long hopeful process of democratic The people of America and Egypt have al- change is now beginning to unfold. Millions taken with recent municipal elections. Yet ways desired to visit one another and to of people are demanding freedom for them- many people pay an unfair price for exer- learn from one another. And the highest selves and democracy for their countries. cising their basic rights. Three individuals in particular are currently imprisoned for ideals of our partnership are embodied right To these courageous men and women, I say peacefully petitioning their government. here, in the American University of Cairo. today: All free nations will stand with you as you secure the blessings of your own liberty. That should not be a crime in any country. This great center of learning has endured Now, here in Cairo, President Mubarak’s I have just come from Jordan, where I met and thrived—from the days when our friend- decision to amend the country’s constitution ship was somewhat rocky, to today, when with the King and Queen—two leaders who and hold multiparty elections is encour- the relationship is strong. And I am very have embraced reform for many years. And aging. President Mubarak has unlocked the grateful and honored to address you in the Jordan’s education reforms are an example door for change. Now, the Egyptian Govern- halls of this great center of learning. for the entire region. That government is ment must put its faith in its own people. We Throughout its history, Egypt has always moving toward political reforms that will are all concerned for the future of Egypt’s led this region through its moments of great- decentralize power and give Jordanians a reforms when peaceful supporters of democ- est decision. In the early 19th century, it was greater stake in their future. racy—men and women—are not free from vi- the reform-minded dynasty of Muhammad In Iraq, millions of citizens are refusing to olence. The day must come when the rule of Ali that distinguished Egypt from the Otto- surrender to terror the dream of freedom and law replaces emergency decrees—and when man Empire and began to transform it into democracy. When Baghdad was first de- the independent judiciary replaces arbitrary the region’s first modern nation. signed, over twelve-hundred years ago, it was justice. In the early 20th century, it was the for- conceived as the ‘‘Round City’’—a city in The Egyptian Government must fulfill the ward-looking Wafd Party that rose in the which no citizen would be closer to the cen- promise it has made to its people—and to the aftermath of the First World War and estab- ter of justice than any other. Today—after entire world—by giving its citizens the free- lished Cairo as the liberal heart of the ‘‘Arab decades of murder, and tyranny, and injus- dom to choose. Egypt’s elections, including Awakening.’’ And just three decades ago, it tice—the citizens of Iraq are again reaching the Parliamentary elections, must meet ob- was Anwar Sadat who showed the way for- for the ideals of the Round City. jective standards that define every free elec- ward for the entire Middle East—beginning Despite the attacks of violent and evil tion. difficult economic reforms and making peace men, ordinary Iraqis are displaying great Opposition groups must be free to assem- with Israel. In these periods of historic deci- personal courage and remarkable resolve. ble, and to participate, and to speak to the sion, Egypt’s leadership was as visionary as And every step of the way—from regaining media. Voting should occur without violence it was essential for progress. And now in our their sovereignty, to holding elections, to or intimidation. And international election own time, we are faced with equally momen- now writing a constitution—the people of monitors and observers must have unre- tous choices—choices that will echo for gen- Iraq are exceeding all expectations. stricted access to do their jobs. erations to come. The Palestinian people have also spoken. Those who would participate in elections, In this time of great decision, I have come And their freely-elected government is work- both supporters and opponents of the govern- to Cairo not to talk about the past, but to ing to seize the best opportunity in years to ment, also have responsibilities. They must

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K27JN8.001 E27PT1 June 27, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1361 accept the rule of law, they must reject vio- who do not accept that the reality of today Furthermore, the predominance of third- lence, they must respect the standards of must also be the reality of tomorrow. party payers means there is effectively no free elections, and they must peacefully ac- There was a time, not long ago, after all, market for individual health insurance policies, cept the results. when liberty was threatened by slavery. Throughout the Middle East, the fear of The moral worth of my ancestors, it was thus those whose employers cannot offer free choices can no longer justify the denial thought, should be valued by the demand of them health benefits must either pay exorbi- of liberty. It is time to abandon the excuses the market, not by the dignity of their souls. tant fees for health insurance or do without that are made to avoid the hard work of de- This practice was sustained through vio- health insurance. Since most health care pro- mocracy. There are those who say that de- lence. But the crime of human slavery could viders cater to those with health insurance, it mocracy is being imposed. In fact, the oppo- not withstand the power of human liberty. is very difficult for the uninsured to find health What seemed impossible in one century be- site is true: Democracy is never imposed. It care that meets their needs at an affordable is tyranny that must be imposed. came inevitable in the next. People choose democracy freely. And suc- There was a time, even more recently, price. The result is many of the uninsured turn cessful reform is always homegrown. Just when liberty was threatened by colonialism. to government-funded health care systems, or look around the world today. For the first It was believed that certain peoples required use their local emergency room as their pri- time in history, more people are citizens of foreign masters to rule their lands and run mary care physician. The result of this is de- democracies than of any other form of gov- their lives. Like slavery, this ideology of in- clining health for the uninsured and increased ernment. This is the result of choice, not of justice was enforced through oppression. burden on taxpayer-financed health care sys- coercion. But when brave people demanded their There are those who say that democracy rights, the truth that freedom is the destiny tem. leads to chaos, or conflict, or terror. In fact, of every nation rang true throughout the Returning control over health care to the in- the opposite is true: Freedom and democracy world. What seemed impossible in one decade dividual is the key to true health care reform. are the only ideas powerful enough to over- became inevitable in the next. The Comprehensive Health Care Reform Act come hatred, and division, and violence. For Today, liberty is threatened by undemo- puts control of health care back into the hands people of diverse races and religions, the in- cratic governments. Some believe this is a of the individual through tax credits, tax de- permanent fact of history. But there are oth- clusive nature of democracy can lift the fear ductions, Health Care Savings Accounts of difference that some believe is a license to ers who know better. These impatient patri- kill. But people of goodwill must choose to ots can be found in Baghdad and Beirut, in (HSA), and Flexible Savings Accounts. By giv- embrace the challenge of listening, and de- Riyadh and in Ramallah, in Amman and in ing individuals tax incentives to purchase their bating, and cooperating with one another. Tehran and right here in Cairo. own health care, the Comprehensive Health For neighboring countries with turbulent Together, they are defining a new standard Care Act will help more Americans obtain histories, democracy can help to build trust of justice for our time—a standard that is quality health insurance and health care. Spe- and settle old disputes with dignity. But clear, and powerful, and inspiring: Liberty is the universal longing of every soul, and de- cifically, the Comprehensive Health Care Act: leaders of vision and character must commit A. Provides all Americans with a tax credit themselves to the difficult work that nur- mocracy is the ideal path for every nation. tures the hope of peace. And for all citizens The day is coming when the promise of a for 100% of health care expenses. The tax with grievances, democracy can be a path to fully free and democratic world, once credit is fully refundable against both income lasting justice. But the democratic system thought impossible, will also seem inevi- and payroll taxes. cannot function if certain groups have one table. The people of Egypt should be at the B. Allows individuals to roll over unused foot in the realm of politics and one foot in forefront of this great journey, just as you amounts in cafeteria plans and Flexible Sav- the camp of terror. have led this region through the great jour- ings Accounts (FSA). neys of the past. There are those who say that democracy C. Makes every American eligible for an destroys social institution and erodes moral A hopeful future is within the reach of standards. In fact, the opposite is true: The every Egyptian citizen—and every man and Health Savings Account (HSA), removes the success of democracy depends on public char- woman in the Middle East. The choice is requirement that individuals must obtain a acter and private virtue. For democracy to yours to make. But you are not alone. All high-deductible insurance policy to open an thrive, free citizens must work every day to free nations are your allies. So together, let HSA; allows individuals to use their HSA to strengthen their families, to care for their us choose liberty and democracy—for our na- make premium payments for high-deductible neighbors, and to support their communities. tions, for our children, and for our shared fu- policy; and allows senior citizens to use their There are those who say that long-term ture. Thank you. HSA to purchase Medigap policies. economic and social progress can be achieved f without free minds and free markets. In fact, D. Repeals the 7.5 percent threshold for the human potential and creativity are only INTRODUCING THE COMPREHEN- deduction of medical expenses, thus making fully released when governments trust their SIVE HEALTH CARE ACT all medical expenses tax deductible. people’s decisions and invest in their peo- By providing a wide range of options, this ple’s future. And the key investment is in bill allows individual Americans to choose the those people’s education. Because edu- HON. RON PAUL OF TEXAS method of financing health care that best suits cation—for men and for women—transforms their individual needs. Increasing frustration their dreams into reality and enables them IN THE HOUSE OF REPRESENTATIVES with the current health care system is leading to overcome poverty. Monday, June 27, 2005 There are those who say that democracy is more and more Americans to embrace this ap- for men alone. In fact, the opposite is true: Mr. PAUL. Mr. Speaker, America faces a proach to health care reform. For example, a Half a democracy is not a democracy. As one crisis in health care. Health care costs con- poll by the respected Zogby firm showed that Muslim woman leader has said, ‘‘Society is tinue to rise, leaving many Americans unable over 80 percent of Americans support pro- like a bird. It has two wings. And a bird can- to afford health insurance, while those with viding all Americans with access to a Health not fly if one wing is broken.’’ Across the health care coverage, and their physicians, Savings Account. I hope all my colleagues will Middle East, women are inspiring us all. struggle under the control of managed-care In Kuwait, women protested to win their join this effort to put individuals back in control right to vote, carrying signs that declared: ‘‘gatekeepers.’’ Obviously, fundamental health of health care by cosponsoring the Com- ‘‘Women are Kuwaitis, too.’’ Last month, care reform should be one of Congress’ top prehensive Health Care Reform Act. Kuwait’s legislature voiced its agreement. In priorities. f Saudi Arabia, the promise of dignity is Unfortunately, most health care ‘‘reform’’ awakening in some young women. During proposals either make marginal changes or HONORING THE WOMEN VETERANS the recent municipal elections, I saw the exacerbate the problem. This is because they OF THE 10TH CONGRESSIONAL image of a father who went to vote with his fail to address the root of the problem with DISTRICT AND THE ANNUAL daughter. health care, which is that government policies WOMEN VETERANS BANQUET Rather than cast his vote himself, he gave the ballot to his daughter, and she placed it encourage excessive reliance on third-party in the ballot box. This small act of hope re- payers. The excessive reliance on third-party HON. DENNIS J. KUCINICH veals one man’s dream for his daughter. And payers removes all incentive from individual OF OHIO he is not alone. patients to concern themselves with health IN THE HOUSE OF REPRESENTATIVES Ladies and Gentlemen: Across the Middle care costs. Laws and policies promoting East today, millions of citizens are voicing Health Maintenance Organizations (HMOs) re- Monday, June 27, 2005 their aspirations for liberty and for democ- sulted from a desperate attempt to control spi- Mr. KUCINICH. Mr. Speaker, I rise today in racy. These men and women are expanding boundaries in ways many thought impossible raling costs. However, instead of promoting an honor and recognition of the women veterans just one year ago. efficient health care system, HMOs further of the 10th Congressional District of Ohio—for They are demonstrating that all great took control over health care away from the in- their service, bravery, and dedication on be- moral achievements begin with individuals dividual patient and physician. half of our country. Most significantly, we

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K27JN8.001 E27PT1 E1362 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2005 stand in tribute and remembrance of those ‘‘Matt exemplifies the type of student ath- Journal co-Player of the Year and first-team veterans, women and men, who have made lete-scholar Frank Hyde admired most— all-Western New York selection last fall, the ultimate sacrifice when they answered the those for whom participation in sports is an Mazgaj led the Trojans to a 9–2 record and a important part of the educational experi- Section 6 championship, the first sectional call to duty. ence, but just a part,’’ Post-Journal Editor football title in school history. His impact, For the past three years, the service, sac- Cristie Herbst said. both on the field and in the classroom, was rifice and courage of women veterans of the ‘‘He valued those students who also recognized when he was selected the Section United States Armed Forces have been hon- learned through participation in sports the 6 Scholar-Athlete of the Year. ored and celebrated in Cleveland at the lessons of good sportsmanship, fair play and Statistically, Mazgaj, a two-year captain, ‘‘Women Veterans Banquet.’’ The idea was determination to strive toward a goal. And holds team records for career tackles (357) as just as Matt has done, Frank believed and single-season tackles for a loss (22), and brought to life by U.S. Marine Corps Sergeant is tied for first in tackles in a season (133). Cindy Campbell, Desert Storm Veteran, and that students should apply those values in all of their activities, in and out of school,’’ ‘‘I think the most important characteristic her husband, John Campbell. Ms. Herbst said. that Matt possesses is his character,’’ South- The organizers of the Women Veterans Hyde, no doubt, would also be happy to western head football coach and government/ Banquet provide a significant opportunity for know that Mazgaj is this year’s recipient of economics teacher Jay Sirianni wrote in his letter of recommendation. ‘‘Matt displays the Cleveland community to honor and recog- the 21st annual Hyde Memorial Scholarship. The $1,000 scholarship, given by The Post- the attributes of a natural leader. He has in- nize the unwavering dedication and bravery tegrity, loyalty, a strong work ethic, and he Journal, is awarded to the outstanding col- exhibited by women who have been on the leads by example. In an era with few positive lege-bound athlete from the newspaper’s cir- front lines of combat throughout America’s his- role models, Matt has been a positive role culation area, which covers Chautauqua, model to his classmates and younger stu- tory—from women soldiers on the battle- Cattaraugus and Warren counties. dents.’’ ground, to women piloting F–14’s, to women The scholarship was presented during an doctors and nurses working in makeshift med- Because of his considerable wrestling tal- awards assembly at Southwestern Central ents, Mazgaj could have continued his career ical units administering to the wounded. Be- School on Wednesday morning. at the Division I or Division II level. Instead, yond recognizing the immense contribution Mazgaj has been accepted at Washington he chose to follow his heart and his true and sacrifice of women soldiers and veterans, and Jefferson College, where he plans to love—football. the members of the Women Veterans Banquet major in biology and physics, and play foot- ‘‘With making the decision to play football ball. in college, I gave up substantial athletic have also work to raise funds for the upkeep ‘‘I believe this type of an extensive edu- and maintenance of the Women in Military scholarship financial aid,’’ Mazgaj wrote. cation past high school is vital for an indi- ‘‘Washington and Jefferson is a Division III Service Memorial in Washington, DC. vidual to succeed in our ever-advancing school, and because of this they cannot give Mr. Speaker and Colleagues, please join me America today,’’ Mazgaj wrote in an essay athletic scholarships. This is why I am writ- in honor of the women of our United States accompanying his scholarship application. ing to you, to try and convince you to help Armed Forces. Let us forever remember their Judging from his academic performance me continue my athletic career in a sport service, courage and steadfast commitment, and extracurricular activities, Mazgaj is on that I have (proven myself) on the fields at and keep especially close in our hearts those his way to a successful college experience. Southwestern. Ranked 11th in his class with a 96 average, ‘‘The financial assistance will help to al- soldiers, women and men, who have made Mazgaj is a member of the National Honor leviate some of the stress developed from the ultimate sacrifice on behalf of our country, Society, the Ophelia mentoring program and paying for college, then graduate, and maybe when they heeded the call to serve. the math club; is an usher at Sacred Heart medical school.’’ f Church; and is a volunteer coach with the Then Mazgaj added one final sentence. Southwestern Spartans midget football ‘‘Regardless of the monetary assistance, HONORING MATTHEW MAZGAJ FOR league team. this award would, first and foremost, be an HIS ALL AROUND EXCELLENCE Athletically, he turned in one of the finest honor to receive.’’ IN ACADEMICS AND ATHLETICS careers in school history. ‘‘Matt Mazgaj is that exceptional student- In wrestling, he captured consecutive New athlete who comes around few times, if any, York State Public High School Athletic As- in a teacher’s career,’’ wrote Rybicki, who is HON. BRIAN HIGGINS sociation small school championships in 2004 also Southwestern’s athletic director. ‘‘Matt OF NEW YORK and 2005 at 215 pounds and shared the Ilio will definitely leave behind a legacy which has been forged by hard work, discipline and IN THE HOUSE OF REPRESENTATIVES DiPaolo Scholarship this year. Along the way, Mazgaj, a two-year captain, desire.’’ Monday, June 27, 2005 posted a 130–28 career record, was the Divi- I am honored, Mr. Speaker, to have an op- Mr. HIGGINS. Mr. Speaker, I rise today to sion 1 wrestler of the year, and twice the 215– portunity to honor this amazing young man. pound division and Section 6 champion. The commend the exemplary academic and ath- f Trojans were also successful as a team dur- letic achievements Matthew Mazgaj. ing Mazgaj’s era, claiming a small-school HONORING THE 50TH ANNIVER- Matthew is one of those students who does state championship once, Section 6 cham- SARY OF THE TOWN OF not go unnoticed. This article as published in pionship twice and league championship HYPOLUXO the Jamestown Post Journal pays tribute to an three times. outstanding young man. ‘‘When I first met Matt I noticed that he AREA WRESTLER A STANDOUT IN AND OUT OF had an incredible work ethic that far sur- HON. E. CLAY SHAW, JR. OF FLORIDA CLASSROOM passed his peers,’’ Southwestern coach Mark Hetrick said in his letter of recommenda- IN THE HOUSE OF REPRESENTATIVES (By Scott Kindberg) tion. ‘‘Matt was undefeated throughout mid- Monday, June 27, 2005 Richard Rybicki saw something special in dle school wrestling, but the thing that im- Matt Mazgaj almost from the moment he pressed me the most about this kid was his Mr. SHAW. Mr. Speaker, the Town of met him on the first day of school in 1998. drive and motivation to get better. His hard Hypoluxo, a gem in the strand of our jeweled As his homeroom teacher at Southwestern work paid off.’’ communities of Palm Beach County, is cele- Middle School, Rybicki was struck by Former Southwestern wrestling coach brating its 50th anniversary on July 3, 2005. I Mazgaj’s leadership skills, even as an ll-year- Walt Thurnau is equally complimentary. have proudly represented Hypoluxo for 13 old sixth-grader. ‘‘He has always displayed the characteris- ‘‘He was a standout in and out of the class- tics of a true gentleman,’’ Thurnau said in years in the United States Congress, and room as an elementary student and athlete,’’ his letter of recommendation. ‘‘It doesn’t have come to know its residents and town Rybicki said. matter if it’s practice or competition, Matt leadership very well. Fast forward more than 6 years and is always respectful of his opponent or prac- It is interesting to note that Hypoluxo got its nothing’s changed. tice partner. He always treats everyone with name not from a Greek root, but from the Mazgaj’s work ethic and drive to excel, respect and courtesy. Seminole name for Lake Worth which roughly first seen by Rybicki in the late 1990s, con- ‘‘Matt is very humble and would never translates to ‘‘water all around—no get out.’’ tinued throughout his tenure at South- brag about his accomplishments. If you Today a great number of people want to move western Central School. From the classroom didn’t know that he was a two-time state into the friendly confines of Hypoluxo, but be- to the football field and from his church to champ, you would never learn it by listening cause no one wants to ‘‘get out’’, home sites the wrestling mat, the Trojans senior has to Matt. He still helps clean the mats and is laid a blueprint for other students to follow. always one of the last to leave the practice are difficult to find. No doubt, because of the And somewhere Frank Hyde is smiling. room.’’ wonderful people and the coastal breezes. Hyde, who was The Post-Journal sports Mazgaj’s devotion to wrestling is immense, Hypoluxo is one of the smallest commu- editor for 34 years, valued the all-around ex- but his first love is on the gridiron. A nities in my District with its nearly 2,500 peo- cellence of young people. firstteam all-state linebacker, The Post- ple, but it has in its rich heritage played a very

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JN8.016 E27PT1 June 27, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1363 important role in the history and growth of from copyright owners. Online file-sharing HONORING LUCILLE SALTER Palm Beach County. It was the center of the services, like Grokster and KaZaa, may not story of the legendary Barefoot Mailman, who distribute copyrighted materials off of their own HON. JON C. PORTER connected Jupiter with Lemon City (now the servers, but they certainly encourage that theft OF NEVADA Miami area) in the 19th Century, long before and profit from it. Just as in the physical world, IN THE HOUSE OF REPRESENTATIVES any type of road existed. promoting criminal activity is itself a crime. I Monday, June 27, 2005 At one time, the mail to Miami had to be am pleased peer-to-peer networks that ac- shipped to Jacksonville, then by rail to Cedar tively encourage piracy will now be held re- Mr. PORTER. Mr. Speaker, I rise today to Key, steam shipped to Key West and lastly by honor Mrs. Lucille Salter, as she celebrates sponsible for their actions. schooner to Miami. The big advancement took her 100th birthday. It is my great pleasure to place in 1885, with a railroad line south to commemorate this milestone for a woman who West Palm Beach. The mail then traveled by f is a pillar in her community of Boulder City, row boat to Hypoluxo. At Hypoluxo, the Bare- Nevada. foot Mailman took over and walked six days THE VOLUNTEER FIGHTERS OF Mrs. Salter arrived in Boulder City in l931 at along the hard sand next to the ocean for over VERMONT the height of the Great Depression. She spent 60 miles (and occasionally crossing inlets by time working for the telephone company, the swimming or by canoe) to Miami—and back. Federal Government, and the City of Hender- All for $175 every three months. HON. BERNARD SANDERS son. The Postal Creed says that ‘‘neither snow, Today, Mrs. Salter lives with her husband, OF VERMONT nor rain, nor snow, nor heat, nor gloom of Ross Salter, in Henderson, Nevada and en- night will stay these couriers from the swift IN THE HOUSE OF REPRESENTATIVES joys visits from her grandchildren and playing completion of their appointed rounds.’’ To the bridge. She leads a full life and is admired by Barefoot Mailman you can add on gators, Monday, June 27, 2005 her many friends for her willingness to help in sharks, snakes, hurricanes, and swift currents. any way she can. In fact, it is legend that alligators or sharks Mr. SANDERS. Mr. Speaker, there are over Mr. Speaker, it is my great privilege to caused the demise of a Barefoot Mailman on 800,000 volunteer firefighters in the United honor Lucille Salter and give her my deepest one of his appointed rounds. States. Of the 30,000 fire departments in the thanks for her contributions to the Southern Mr. Speaker, Hypoluxo has created in its United States, two thirds are entirely made up Nevada community. It is my hope that those natural scrub park, a statue monument to the of volunteers—21,761 companies. Another that have been touched by her giving spirit will Barefoot Mailman, to recognize the heroic tra- 5,271 companies are mostly made up of vol- remember her example and use it in their own ditions of each person who served the coastal unteers. lives. residents and brought the news, commercial In my own state of Vermont there are 246 f transactions, and many smiles to them during small towns—and 244 fire departments. Five their years of service. INTRODUCING THE AGRICULTURE To the citizens of Hypoluxo gathered to cel- of them are in large cities, where there first re- EDUCATION FREEDOM ACT ebrate its 50 years in the shadow of its beau- sponders are full time, paid firefighters. tiful Key West Town Hall, its natural Florida Vermont has 265 paid firefighters—all brave HON. RON PAUL hammock, and under the watchful eye of the and dedicated men and women. OF TEXAS Barefoot Mailman, I congratulate you and wish But in rural Vermont, dotted with small cities IN THE HOUSE OF REPRESENTATIVES you the best in the next 50 years. I am sure and smaller towns, there is often neither the Monday, June 27, 2005 that by that time the mail will arrive a little fast- population base nor the budget to support fuller—but not with the colorful traditions of the Mr. PAUL. Mr. Speaker, I rise to introduce time firefighters. But thousands of remarkable Barefoot Mailman. Congratulations on 50 the Agriculture Education Freedom Act. This years, and on behalf of Florida’s 22nd Con- men and women step into the breech, giving bill addresses a great injustice being per- gressional District, I wish you many, many generously of their time and energy and com- petrated by the Federal Government on those more. mitment to make sure our residences, our youngsters who participate in programs such businesses, our farms, our towns, are safe. as 4–H or the Future Farmers of America. f Vermont, with a population of about 620,000, Under current tax law, children are forced to MGM V. GROKSTER DECISION has an astonishing 6,235 volunteer firefighters. pay Federal income tax when they sell live- Just over one person in every hundred who stock they have raised as part of an agricul- lives in our largely rural state has devoted tural education program. HON. ROBERT WEXLER Think about this for a moment. These kids himself or herself to protecting the community OF FLORIDA are trying to better themselves, earn some in which they live. IN THE HOUSE OF REPRESENTATIVES money, save some money and what does Monday, June 27, 2005 These first responders are models for peo- Congress do? We pick on these kids by taxing ple across our entire nation of what commit- them. It is truly amazing that with all the hand- Mr. WEXLER. Mr. Speaker, I rise today in ment to one’s neighbor looks like. Every day wringing in Congress over the alleged need to strong support of today’s 9–0 Supreme Court they demonstrate, in good weather and bad, in further restrict liberty and grow the size of gov- decision in the MGM v. Grokster case. By rul- ernment ‘‘for the children’’ we would continue ing that providing the software makes a file- sweltering summer heat when their boots and coats are like ovens, and in the depths of win- to tax young people who are trying to lead re- sharing service liable for facilitating this online sponsible lives and prepare for the future. ter when the temperature goes to 25 below theft and for encouraging illegal downloads, Even if the serious social problems today’s and frostbite threatens, that they are willing to the Court preserved this country’s 200 year youth face could be solved by new Federal history of inspiring American creativity by pro- put their lives on the line to protect the lives bureaucracies and programs, it is still unfair to tecting the rights of those who create it. of others. pick on those kids who are trying to do the Traffic in copyrighted material has already Our nation was built by people who were as right thing. cost American industry hundreds of millions of concerned about their neighbors as they were These children are not even old enough to dollars. One-half of all teenagers have about their own interests. It has been sus- vote, yet we are forcing them to pay taxes! downloaded music for free, with two-thirds of tained by brave men and women who love What ever happened to no taxation without them saying they buy less music now that representation? No wonder young people are their country, their community, their neighbors they can steal it over the Internet so easily. so cynical about government! and family, as much as they love life itself. Given the severity and magnitude of the prob- It is time we stopped taxing youngsters who lem, I sincerely hope that today’s ruling will And that tradition of service and bravery con- are trying to earn money to go to college by force these services to either clean up their tinues in Vermont. I proudly celebrate, today, selling livestock they have raised through their acts or discontinue entirely. the remarkable volunteer firefighters of participation in programs such as 4–H or Fu- The Court unanimously found what so many Vermont. We all owe them a debt of gratitude: ture Farmers of America. Therefore, I call on of us already knew: peer-to-peer networks are They are among the great unsung heroes of my colleagues to join me in supporting the Ag- merely the latest technology used to steal our times. riculture Education Freedom Act.

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A27JN8.020 E27PT1 E1364 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2005 IN HONOR AND REMEMBRANCE OF Ms. Travis is the daughter of David and sources which include utilities, banks, church- U.S. MARINE LANCE CORPORAL Marcia Travis of Brocton, NY and the grand- es, foundations, and individuals. THOMAS OLIVER KEELING daughter of Edward Sunday. Mr. Sunday is a CACLV runs two homeless shelters in my member of the National Grape Cooperative district—Safe Harbor in Easton and the 6th HON. DENNIS J. KUCINICH and a retired 30-year employee of Welch’s. Street Shelter in Allentown. These shelters OF OHIO Amy participates in the 3–1–3 program at serve individuals and families with issues IN THE HOUSE OF REPRESENTATIVES SUNY Fredonia making this the third time she ranging from drug and alcohol dependence to has been awarded with the scholarship. This mental health. The CACLV also operates Sec- Monday, June 27, 2005 fall Amy plans to return to Fredonia State to ond Harvest Food Bank, distributing about 5 Mr. KUCINICH. Mr. Speaker, I rise today in major in music education. million pounds of donated and government honor and remembrance of United States Ma- I am honored Mr. Speaker, to have an op- food to over 170 agencies each year. rine Lance Corporal Thomas Oliver Keeling, portunity to honor these accomplished and CACLV operates three community develop- who courageously and selflessly heeded the bright women. ment subsidiaries that are conducting entre- call to duty and made the ultimate sacrifice on f preneurial training and offer micro loans to behalf of our country. help create dozens of micro enterprises each Corporal Keeling’s life was defined by his CONGRATULATING THE GRANT year. These CDC’s operate two inner-city family, friends, love for his country and an un- FAMILY ON THE BIRTH OF farmers’ markets, offer cash assistance to bridled energy and joy that he freely extended THEIR CHILD, ALLISON MARIE struggling neighborhood-based businesses, to others. He received inner strength and faith provide residential and commercial facade im- from those who knew him best and loved him HON. GINNY BROWN–WAITE provement grants, and youth recreation pro- most, especially his parents, Sherry Berry and OF FLORIDA grams. Thomas Keeling, step-parents, Robert Berry IN THE HOUSE OF REPRESENTATIVES Finally, CACLV operates a comprehensive and Diane Palos, and siblings, Erin, Kristen financial services program that teaches doz- and Rebecca. Monday, June 27, 2005 ens of low income families to save money and Corporal Keeling was a dedicated family Ms. GINNY BROWN-WAITE of Florida. Mr. buy homes. Additionally, the CACLV offers member, student and Marine. After graduating Speaker, I rise today to offer my congratula- free tax preparation services to over 600 tax- from Strongsville High School in 2000, he en- tions to Bill and Claudia Grant on the birth of paying households. rolled at Kent State University, where he grad- their child. Allison Marie Grant was welcomed Beyond these impressive efforts, the uated with a Bachelor’s degree in 2004. He into this world at 7:04 am on June 17th, 2005, CACLV has a record of building partnerships. was always willing to go the extra mile for his weighing 6 pounds 121⁄2 ounces. Both the It conceived and led a campaign that resulted family, friends, and for those with whom he mother and father’s families were present to in two open space referenda. This project is served beside, with the highest level of honor celebrate the joyful birth. The entire Citrus set to generate $70 million to create and en- and integrity, the men and women of Weap- County Community welcomes their newest cit- hance parks, protect natural areas and pre- ons Company—3rd Battalion, 25th U.S. Ma- izen. I congratulate Bill and Claudia on the serve farms. The CACLV’s housing initiatives rine Regiment in Iraq. new addition to their family and wish them have led campaigns to create housing trust Mr. Speaker and Colleagues, please join me years of continued health and happiness. funds in two counties in my district, and fund- in honor and remembrance of Lance Corporal f ed programs that have dramatically expanded Thomas Oliver Keeling. I extend my deepest homeowners hip throughout the Lehigh Valley. condolences to his entire family, extended DEPARTMENTS OF LABOR, The funding reductions included in this bill family, and to his many friends. The immeas- HEALTH AND HUMAN SERVICES, will greatly impact CACLV and Community Ac- urable sacrifice, significant service, and un- AND EDUCATION, AND RELATED tion Agencies across the country. The Execu- wavering bravery that framed his young life AGENCIES APPROPRIATIONS tive Director of CACLV expects that a cut in will be forever held within the hearts of all who ACT, 2006 excess of 50 percent will result in the closing knew and loved him well. Corporal Keeling’s of one of its homeless shelters and all of its life is testament to all that is good in humanity, SPEECH OF small business development work and per- and his legacy will be honored and remem- HON. CHARLES W. DENT haps even more. bered by the people of Strongsville, the Cleve- Mr. Speaker, it is clear that my district and OF PENNSYLVANIA land community, and the entire Nation, for all the nation need the services that Community IN THE HOUSE OF REPRESENTATIVES time. Action agencies provide. Although I under- f Friday, June 24, 2005 stand the tight budget constraints we face, these programs will stimulate the economy HONORING CODY-ANNE WEISE AND The House in Committee of the Whole House on the State of the Union had under and improve the quality of life for the residents AMY TRAVIS AS RECIPIENTS OF consideration the bill (H.R. 3010) making ap- of my district. As the appropriations process THE WELCH’S SCHOLARSHIP propriations for the Departments of Labor, advances, I would like to express my support Health and Human Services, and Education, for funding levels equal to the final FY 2005 HON. BRIAN HIGGINS and Related Agencies for the fiscal year end- appropriations for CSBG. ing September 30, 2006, and for other pur- OF NEW YORK poses: f IN THE HOUSE OF REPRESENTATIVES Mr. DENT. Mr. Chairman, I would like to ex- REGARDING MEETING WITH Monday, June 27, 2005 press my support for the Community Services GENERAL LLOYD W. NEWTON Mr. HIGGINS. Mr. Speaker, I rise today to Block Grants, and take a moment to highlight commend the exemplary academic achieve- the effect these grants have on my District. HON. MICHAEL H. MICHAUD ments of Cody-Anne Weise and Amy Travis CSBG funds are used to support the Commu- OF MAINE as recipients of the Welch’s scholarship. nity Action Committee of the Lehigh Valley IN THE HOUSE OF REPRESENTATIVES Children and grandchildren of Welch’s and (CACLV). I have a long history of working with the National Grape Cooperative employees the CACLV on a wide range of antipoverty ini- Monday, June 27, 2005 are eligible for the $1,500 scholarship. tiatives which include housing, hunger, and Mr. MICHAUD. Mr. Speaker, on June 27th Ms. Weise is the daughter of James and community development, and I have seen the and 28th, I have requested an official leave of Cynthia Weise of Sherman. Mrs. Weise is em- positive contributions that CACLV has made absence to attend to issues that are of vital ployed by Welch’s as harvest, fruit receiving as a result of CSBG funding. importance to the people of Maine. I will be supervisor at the North East, Pennsylvania CSBG grants are uniquely effective because meeting with Base Realignment and Closure plant. Cody-Anne is a 2003 graduate of Sher- they are locally-controlled and respond to the (BRAC) representative General Lloyd W. New- man Central School and a graduate of James- particular need of each individual community. ton at the Defense Finance and Accounting town Community College with an associate’s The grants produce a return on investments Service in Limestone, Maine. This facility is degree in individual studies. In August, Ms. and have a sophisticated outcome-based ac- currently slated to close as part of the BRAC Weise will enter SUNY Fredonia as a junior countability system. In my district, the CACLV process. I will be leading General Lloyd W. with plans to study secondary English edu- generates over $8 for each CSBG dollar; half Newton on a tour of the base to present the cation. of that leveraged money comes from private case that the facility must not be closed.

VerDate Aug 04 2004 06:30 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JN8.025 E27PT1 June 27, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1365 Currently, 362 hardworking Mainers are em- benefits patients, who receive full compensa- HONORING ZACHARY AGETT UPON ployed in the Limestone facility. Aroostook tion in a timelier manner than under the cur- RECEIVING THE J.C. MATTESON County and Northern Maine have already rent system. It also benefits physicians and MEMORIAL SCHOLARSHIP been devastated by the closure of the Loring hospitals, which are relieved of the costs as- Air Force Base. Additional job loss, along with sociated with litigation. Since it will not cost as HON. BRIAN HIGGINS the losses due to the proposed realignment at much to provide full compensation to an in- OF NEW YORK Brunswick Naval Air Station and Portsmouth jured patient, these bills should result in a re- IN THE HOUSE OF REPRESENTATIVES Naval Shipyard, would have a serious impact in Maine. It is important for me to meet per- duction of malpractice premiums. The Free- Monday, June 27, 2005 dom from Unnecessary Litigation Act benefits sonally with General Newton, along with Gov- Mr. HIGGINS. Mr. Speaker, I rise today to everybody except those trial lawyers who prof- ernor Baldacci, so that we can stress the crit- commend Zachary Agett, a resident of Chau- ical service that this facility provides for the it from the current system. I hope all my col- tauqua County, City of Jamestown, upon the military and its vital importance to the Maine leagues will help end the malpractice crises occasion of receiving the J.C. Matteson Me- economy. while ensuring those harmed by medical inju- morial Scholarship. f ries receive just compensation by cospon- Zachary was awarded the scholarship for soring my Freedom from Unnecessary Litiga- INTRODUCING THE FREEDOM his honorable character and athletic achieve- FROM UNNECESSARY LITIGA- tion Act. ment. Both on and off the football field: Agett TION ACT diplays dedication, selflessness, integrity and f leadership, many of the same admirable attributes that J.C. Matteson demonstrated. HON. RON PAUL HONORING THE 25TH ANNIVER- This scholarship fund was established by OF TEXAS SARY OF ST. MATTHIAS PARISH the Chautauqua Region Community Founda- IN THE HOUSE OF REPRESENTATIVES tion in honor of J.C. Matteson who died a very Monday, June 27, 2005 honorable death in Iraq last October. J.C. Mr. PAUL. Mr. Speaker, I am pleased to in- HON. DENNIS J. KUCINICH Matteson was a student and football player at troduce the Freedom from Unnecessary Litiga- OF OHIO Southwestern High School. tion Act. As its title suggests, this bill provides His father, James, plans to head up the an effective means of ensuring that those IN THE HOUSE OF REPRESENTATIVES fund-raising efforts for the scholarship for harmed during medical treatment receive fair years to come. James Matteson’s goal is to Monday, June 27, 2005 compensation while reducing the burden of raise $29,000 and award two $1,000 scholar- costly malpractice litigation on the health care Mr. KUCINICH. Mr. Speaker, I rise today in ships in the coming years. system. This bill achieves its goal by providing honor and recognition of the leaders and In the fall Agett plans to attend Washington a tax credit for negative outcomes insurance members of St. Matthias Parish, of Parma, and Jefferson University, where he will play purchased before medical treatment. The in- Ohio, as they celebrate twenty-five years of football and major in biology. It is a wonderful surance will provide compensation for any honor to share the characteristics possessed faith, guidance and hope for parishioners, and negative outcomes of the medical treatment. by a fallen hero. for the greater good of the community. Patients can receive this insurance without Zachary Agett is an upstanding young man having to go through lengthy litigation and Twenty-five years ago, St. Matthias was es- and I am proud, Mr. Speaker, to have an op- without having to give away a large portion of tablished by the late Bishop James A. Hickey. portunity to honor him today. their award to a trial lawyer. Bishop Hickey was later appointed to serve as f Relying on negative outcomes insurance in- Cardinal James A. Hickey. He announced that stead of litigation will also reduce the costs im- St. Matthias, a former mission parish, would TECHNOLOGY, TRADE AND CHINA posed on physicians, other health care pro- now evolve into a full-fledged parish. Father viders, and hospitals by malpractice litigation. Vincent Moraghan became the first Pastor of HON. ZOE LOFGREN The Freedom from Unnecessary Litigation Act the church. On June 28, 1980, the first Mass OF CALIFORNIA also promotes effective solutions to the mal- was held at Green Valley School in Parma. IN THE HOUSE OF REPRESENTATIVES practice crisis by making malpractice awards obtained through binding, voluntary arbitration The friendly and warm atmosphere of St. Monday, June 27, 2005 tax-free. Matthias Parish has remained constant Ms. ZOE LOFGREN of California. Mr. The malpractice crisis has contributed to the through the years. This spirit of cooperation Speaker, Harris Miller, president of the Infor- closing of a maternity ward in Philadelphia and and unity brought forth the planning and con- mation Technology Association of America, re- a trauma center in Nevada. Meanwhile, earlier struction of a new church and rectory, com- cently wrote an opinion piece for the San Jose this year, surgeons in West Virginia walked off pleted by 1987. Following Pastor Moraghan’s Mercury News. In this piece, Mr. Miller ad- the job to protest increasing liability rates. retirement, Father Raymond Sutter was ap- dresses some serious concerns about the Chi- These are a few of the examples of how ac- pointed as Pastor, and continues his service nese government’s trade policies and their ef- cess to quality health care is jeopardized by to St. Matthias to this day. forts to control and limit information on the the epidemic of large (and medically question- The leadership and members of St. Matthias internet. Mr. Miller makes some excellent able) malpractice awards, and the resulting in- are a unified force of strength and assistance points and I encourage all of my colleagues to crease in insurance rates. review his article. As is typical of Washington, most of the pro- for many within the parish, and also for those in need, outside the parish. Volunteers con- [From the San Jose Mercury News, May 23, posed solutions to the malpractice problem in- 2005] tinue to plan and implement programs such as volve unconstitutional usurpations of areas IN WALLING OFF SOFTWARE MARKET, CHINA the Volunteer Visitors Program, St. Vincent best left to the states. These solutions also ig- FORGETS TRADE GOES TWO WAYS DePaul Society, Red Cross Drives, and the nore the root cause of the litigation crisis: the (By Harris N. Miller) shift away from treating the doctor-patient rela- ‘‘Manna’’ Fundraiser, all of which serve to pro- Chinese trade practices have long been the tionship as a contractual one to viewing it as vide assistance and lift the spirit of individuals subject of complaint from U.S. manufactur- one governed by regulations imposed by in- and families throughout our community. ers, particularly in the textile industry. surance company functionaries, politicians, Mr. Speaker and Colleagues, please join me American high-tech firms now see the storm government bureaucrats, and trial lawyers. clouds forming for their own business sec- in honor and recognition of every leader and There is no reason why questions of the as- tors. Two trends are particularly disturbing: member of St. Matthias Parish, as they cele- sessment of liability and compensation cannot China’s leaders are quietly closing the doors be determined by a private contractual agree- brate twenty-five years of offering spiritual to domestic market software competition ment between physicians and patients. The guidance for countless families and individ- while simultaneously attempting to expand government control over the Internet. Freedom from Unnecessary Litigation Act is uals. Since 1980, the parish has evolved in structure and location, yet it remains a steady Despite U.S. protests, the Chinese govern- designed to take a step toward resolving these ment has published draft regulations that ef- problems through private contracts. beacon of light, faith and hope, that embraces fectively would close China’s government Using insurance, private contracts, and the spiritual needs and everyday struggles of market to American and other foreign soft- binding arbitration to resolve medical disputes all parishioners. ware companies. Software is likely to be the

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A27JN8.030 E27PT1 E1366 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2005 first of many government markets to close THE BRAVERY OF THE LITTLE I also want to thank my House colleagues to foreign competition. ROCK NINE for introducing and passing this resolution to When it comes to information technology, China is a waking giant. With a total infor- recognize and honor those brave nine stu- mation and communications technology HON. CHARLES B. RANGEL dents. It is a sign that we have accomplished marketplace of almost $100 billion, the Chi- OF NEW YORK so much in this country. nese appetite for computers, software and IN THE HOUSE OF REPRESENTATIVES networks has more than doubled since 2000. Monday, June 27, 2005 f All things being equal, China’s high-tech growth is a good thing. With more than 1 bil- Mr. RANGEL. Mr. Speaker, I rise today to VENICE, CALIFORNIA TURNS 100 lion people and a rapidly growing economy, acknowledge the bravery and courage of the China should be a tremendously positive Little Rock Nine as we commemorate the 50th trading partner, and the U.S. information anniversary of the integration of Central High HON. JANE HARMAN technology industry has championed China’s School in Little Rock, Arkansas. At the time, OF CALIFORNIA accession to the World Trade Organization. But to be widely embraced, the door to these nine young African-Americans took he- IN THE HOUSE OF REPRESENTATIVES roic and dynamic steps toward achieving an global trade must swing both ways. Not even Monday, June 27, 2005 considering a piracy rate exceeding 90 per- integrated educational experience that would cent, China is now considering taking the ad- enhance their opportunities for a quality edu- Ms. HARMAN. Mr. Speaker, there are few ditional step of rolling back the access that cation. communities in the world that are instantly rec- foreign software companies currently enjoy Fifty years ago, the idea that white and ognizable, that immediately conjure up an in the Chinese government procurement black students would sit in the same class- market. image, an identity, a lifestyle. Venice, Cali- China is in the process of implementing a room, amongst other places, was unbearable fornia is one such place—a place that people ‘‘buy Chinese’’ software procurement policy to many. Individuals on both sides of the race dream about in the depths of winter; that for government systems, which, if imple- line could not fathom the possibility of an inte- promises eternal sunshine, warm beaches, mented restrictively, will dramatically in- grated educational system. The racism and buff and shapely lifeguards; and the soothing, hibit foreign involvement in software sales segregation that dominated the country at the ceaseless wash of the waves. to the Chinese government. time was also vile and vicious. Fear and in- On July the 4th, as our Nation celebrates its New draft procurement rules would require timidation had long been the mark of this 229th birthday, Venice, California celebrates foreign software firms seeking Chinese gov- country’s racial past, evidenced by the ernment business to either perform 50 per- its 100th. As a resident of Venice, I am proud lynchings that the Senate recently apologized cent of the development work in China and to join my neighbors and local leaders in ac- for not taking action against. For those young assign copyright to a Chinese entity or make knowledging this remarkable milestone. substantial R&D and capital investments in men and women to take the brave steps to- China. Even those foreign companies that ward equality by presenting themselves as in- Founded in 1905 by real estate entre- might meet China’s R&D, manufacturing or struments of change must have taken a lot out preneur Abbot Kinney, Venice was modeled outsourcing requirements could not compete of them. after the canals and boardwalks of its name- fairly for government contracts. Any Chi- Their bravery and courage nonetheless sake in Italy. Kinney’s vision established Ven- nese government entity that wants to pro- were the steps that have led this country to ice as an entertainment mecca, attracting visi- cure foreign software eligible for purchase on greater tolerance and understanding. It took tors from around the world to its amusement these grounds would have to apply and ob- park, boardwalk businesses, ocean swimming tain a specific waiver. heroes, like the Little Rock Nine, to lay the Equally troubling, China is asserting a path for the important advances of today. and street performances. larger government role over the operations Imagine where this country would be if these Since its inception, Venice has been a pe- of the Internet itself individuals had failed to step forward, to de- rennial attraction for artists and free spirits, In a society like China’s, one that re- mand a desk at an integrated school, and to beatnik writers, and innovative musicians— presses dissent and rewards conformity, walk into American history demanding the ful- from Jack Kerouac to the Doors. Venice today Internet access to news and information from countless points of view is nothing less fillment of the American Constitution. remains a hub of artistic expression and cul- than a threat. This is no doubt why Chinese With machine guns at the ready, screaming tural diversity with its graffiti art murals, side- officials have jailed dozens of citizens for mobs, and death threats hurdled at them, walk musicians, street basketball games, roller ‘‘subversive’’ Internet-related activity, in- these nine young men and women bravely skate dancers, bodybuilding competitions, and cluding issuing warnings about the spread of walked through the mob and into their class- lively restaurants, shops and cafes. SARS or advocating greater democracy. rooms. Their actions laid the foundations for a This also explains China’s interest in Venice is not only one of the nation’s most revolution in the American educational system. unique artistic communities, it is booming with blocking politically incorrect Web sites, col- It called for an equalization of the way schools lecting data on the Internet use and site vis- well-informed, politically engaged, civic-minded its of individuals, monitoring Internet serv- and communities would operate to ensure that activists. A visit to the wonderful Farmer’s ice providers—even keeping tabs on Internet all Americans received an equal opportunity to Market on any weekend morning provides cafes. education and knowledge and that the doors ample evidence of the community’s wide and Not exactly an advertisement for a govern- of progress would no longer be closed to fu- varying interests. In addition to a great cup of ment-run Internet. But at the Working ture generations of Americans, based on their coffee, fresh baked goods and delicious local Group on Internet Governance, a group af- race. filiated with the United Nations, China said produce to feed the body, one can feed the Today we have cause to applaud these val- mind at the many booths promoting diverse ‘‘the basic principles of the Internet, namely, iant efforts. The Nation has moved signifi- openness, fairness, and democracy and free- and important political, environmental and dom’’ are being diminished by the failure of cantly towards provided educational opportuni- local causes. ties for all of our citizens and given them ac- governments to play a more prominent role The award-winning Venice Family Clinic is in Internet governance. cess to true opportunities of access and influ- Even though the Internet has flourished in ence. There is still much to be done though. the largest free clinic in the country and pro- a governance environment that brings to- States still spend disproportionately more, per vides inspiration to the community through life- gether government, the private sector and student, on white schools than black schools. saving health care for low-income, uninsured civil society, China rejects this The facilities of some minority schools lag way and homeless individuals. ‘‘trilateralism’’ because it denies ‘‘the due behind those of predominately-white schools. Whether through the skills they learn at the responsibility and role of governments in Venice Boys & Girls Club or by cultivating Internet policy-making.’’ Whites often take advantage of private edu- China wants full access to the U.S. market cational systems, draining the resources of their imagination at Venice Arts in Neighbor- while attempting to shut down the access public schools. The effect is a continued defi- hoods, our children grow up to be productive that U.S. companies currently have to its ciency in the educational opportunities of our citizens. Many go on to dedicate themselves market. At the same time, China’s govern- students. to enriching the community through the Ven- ment-first stance on Internet governance Nonetheless, we have made considerable ice-Marina Rotary or the Chamber of Com- threatens to throw sand in the gears of Inter- progress in our movement towards equality. merce. net proliferation (and the democratizing influence it represents). The U.S. information That progress is largely thanks to individuals Mr. Speaker, I am honored to represent the technology industry wants to continue to such as the Little Rock Nine. Without their diverse Venice community in the United States support China’s role as a major trading part- bravery and courage in the 1950s, this country Congress. Each 4th of July, we celebrate two ner. But that is possible only when free trade would still have much work to do in terms of historic events together: American independ- is truly free. equal opportunity. ence and the founding of our hometown.

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A27JN8.034 E27PT1 June 27, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1367 INTRODUCING THE QUALITY Under the United States Constitution, the the safe return of our troops. When our troops HEALTH CARE COALITION ACT Federal government has no authority to inter- return home, this Administration also has re- fere with the private contracts of American citi- fused to provide the care and services that our HON. RON PAUL zens. Furthermore, the prohibitions on con- veterans need and deserve. OF TEXAS tracting contained in the Sherman antitrust Since President Bush stood on an aircraft IN THE HOUSE OF REPRESENTATIVES laws are based on a flawed economic theory carrier to declare the end of ‘‘combat,’’ more than 13,000 troops have been injured—nearly Monday, June 27, 2005 which holds that Federal regulators can improve upon market outcomes by restricting the half have sustained such severe injuries that Mr. PAUL. Mr. Speaker, I am pleased to in- rights of certain market participants deemed prevent them from returning to combat. More troduce the Quality Health Care Coalition Act, too powerful by the government. In fact, anti- than 1,730 servicemembers have died. These which takes a first step towards restoring a trust laws harm consumers by preventing the servicemen and women are more than just true free market in health care by restoring the operation of the free-market, causing prices to casualty statistics. They have families; they rights of freedom of contract and association rise, quality to suffer, and, as is certainly the are mothers and fathers, sisters and brothers, to health care professionals. Over the past few case with the relationship between the HMOs daughters and sons. They have families, they years, we have had much debate in Congress and medical professionals, favoring certain in- are mothers and fathers, sisters and brothers, about the difficulties medical professionals and dustries over others. daughters and sons. And they all have Mem- patients are having with Health Maintenance By restoring the freedom of medical profes- bers of Congress who are supposed to rep- Organizations (HMOs). HMOs are devices sionals to voluntarily come together to nego- resent their best interests. used by insurance industries to ration health tiate as a group with HMOs and insurance I represent 10 brave servicemen who did care. While it is politically popular for members companies, this bill removes a government-im- not return to their families, nor the life they of Congress to bash the HMOs and the insur- posed barrier to a true free market in health knew before the war. They are Marine Cor- ance industry, the growth of the HMOs are care. Of course, this bill does not infringe on poral Jorge A. Gonzalez, Army Sergeant rooted in past government interventions in the the rights of health care professionals by forc- Atanasio I Haromarin, Army Private First Class health care market though the tax code, the ing them to join a bargaining organization Jose Casanova, Marine Private First Class Employment Retirement Security Act (ERSIA), against their will. While Congress should pro- Francisco A. Martinez Flores, Army Specialist and the federal anti-trust laws. These interven- tect the rights of all Americans to join organi- Leroy Harris-Kelly III, Marine Corporal Rudy tions took control of the health care dollar zations for the purpose of bargaining collec- Salas, Lance Corporal Benjamin M. Gonzalez, away from individual patients and providers, tively, Congress also has a moral responsi- Lance Corporal Manuel A. Ceniceros, Spe- thus making it inevitable that something like bility to ensure that no worker is forced by law cialist Private First Class Marcos O. Nolasco, the HMOs would emerge as a means to con- to join or financially support such an organiza- and Corporal Stephen P. Johnson. These trol costs. tion. men, our fallen soldiers, are heroes. Many of my well-meaning colleagues would Mr. Speaker, it is my hope that Congress I have many constituents serving our Nation deal with the problems created by the HMOs will not only remove the restraints on medical in Iraq and around the world. Many of them do by expanding the federal government’s control professionals’ freedom of contract, but will not even have their U.S. citizenship, yet they over the health care market. These interven- also empower patients to control their health put their lives on the line in defense of our Na- tions will inevitably drive up the cost of health care by passing my Comprehensive Health tion. In fact, more than 50,000 green card sol- care and further erode the ability of patents Care Reform Act. The Comprehensive Health diers are proudly serving this Nation as part of and providers to determine the best health Care Reform Act puts individuals back in the U.S. military. treatments free of government and third-party charge of their own health care by providing Our troops continue to do their commitment interference. In contrast, the Quality Health Americans with large tax credits and tax de- and duty to our country. However, this Admin- Care Coalition Act addresses the problems as- ductions for their health care expenses, includ- istration and the military’s leadership have sociated with HMOs by restoring medical pro- ing a deduction for premiums for a high-de- failed in their responsibility to our troops. To fessionals’ freedom to form voluntary organi- ductible insurance policy purchased in com- date, there is no strategy to ensure that our zations for the purpose of negotiating con- bination with a Health Savings Account. Put- troops return home. There is a $1 billion short- tracts with an HMO or an insurance company. ting individuals back in charge of their own fall for veterans care. When these troops re- As an OB–GYN with over 30 years in prac- health care decisions will enable patients to turn home they are returning to a system that tice, I am well aware of how young physicians work with providers to ensure they receive the cannot care for them or provide the benefits coming out of medical school feel compelled best possible health care at the lowest pos- they so greatly sacrificed for and deserve. to sign contracts with HMOs that may contain sible price. If providers and patients have the Ultimately, a successful Iraq is an Iraq run clauses that compromise their professional inability to form the contractual arrangements by Iraqis, not the U.S. military. We owe Iraqis tegrity. For example, many physicians are that they find most beneficial to them, the a peaceful nation. And, we owe our troops a contractually forbidden from discussing all HMO monster will wither on the vine without secure return home to a grateful Nation and a available treatment options with their patients the imposition of new Federal regulations on secure future. This mission will not be com- because the HMO gatekeeper has deemed the insurance industry. plete until each one of our servicemen and certain treatment options too expensive. In my In conclusion, Mr. Chairman, I urge my col- women are home, something I strongly believe own practice, I have tried hard not to sign con- leagues to support the Quality Health Care needs to happen soon. Tonight I am proud to tracts with any health insurance company that Coalition Act and restore the freedom of con- stand alongside my colleagues in honoring our infringed on my ability to practice medicine in tract and association to America’s health care fallen heroes. We owe it to them, their families the best interests of my patients and I have al- professionals. I also urge my colleagues to and active service members at home and ways counseled my professional colleagues to join me in working to promote a true free mar- abroad to have a strategy to bring the troops do the same. Unfortunately, because of the ket in health care by putting patients back in home. dominance of the HMO in today’s health care charge of the health care dollar by supporting f market, many health care professionals cannot my Comprehensive Health Care Reform Act. sustain a medical practice unless they agree PERSONAL EXPLANATION f to conform their practice to the dictates of some HMO. IN OPPOSITION TO THE ONGOING HON. WALTER B. JONES One way health care professionals could WAR IN IRAQ OF NORTH CAROLINA counter the power of the HMOs would be to IN THE HOUSE OF REPRESENTATIVES form a voluntary association for the purpose of HON. HILDA L. SOLIS Monday, June 27, 2005 negotiating with an HMO or an insurance com- OF CALIFORNIA pany. However, health care professionals who IN THE HOUSE OF REPRESENTATIVES Mr. JONES of North Carolina. Mr. Speaker, attempt to form such a group run the risk of on Friday, June 24, 2005, I missed several persecution under federal anti-trust laws. This Monday, June 27, 2005 rollcall votes due to a family engagement in not only reduces the ability of health care pro- Ms. SOLIS. Mr. Speaker, I rise tonight in North Carolina. I ask that my absence be ex- fessionals to negotiate with HMOs on a level opposition to the ongoing war in Iraq. cused and the CONGRESSIONAL RECORD show playing field, but also constitutes an unconsti- The Bush Administration has no plan to se- that had I been present: tutional violation of medical professionals’ free- cure peace in Iraq and has refused to develop For rollcall No. 310—an amendment to H.R. dom of contract and association. a comprehensive exit strategy which ensures 3010, I would have voted ‘‘nay;’’ for rollcall No.

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JN8.038 E27PT1 E1368 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2005 312—an amendment to H.R. 3010, I would GENE BICKNELL FOR THE FINAL mond Unified School District’s as a mental have voted ‘‘yea;’’ for rollcall No. 313—an GENE BICKNELL GOLF CLASSIC health specialist and in the DD Council. amendment to H.R. 3010, I would have voted For the past ten years Diana has worked ‘‘yea;’’ for rollcall No. 317—an amendment to HON. JIM RYUN tirelessly as staff to the Development Disability H.R. 3010, I would have voted ‘‘yea;’’ for roll- OF KANSAS Council of Contra Costa as well as the Direc- call No. 321—final passage of H.R. 3010, I IN THE HOUSE OF REPRESENTATIVES tor of the Medically Vulnerable Infant Program would have voted ‘‘nay.’’ for Contra Costa County. Her role has been Monday, June 27, 2005 vital in the Home Visiting Strategy for First f Mr. RYUN of Kansas. Mr. Speaker, I rise Five and the Consultation and Response today to recognize Gene Bicknell of Pittsburg, Team for home visitors. HONORING THE UNITED STATES Kansas for his dedication to giving back to his Diana has served on the Board of the Infant APPRENTICESHIP ASSOCIATION community. Development Association for twenty-five years HALL OF FAME RECIPIENTS Gene has remained an active contributor to and was at one time the State Chair. For four the Pittsburg community, and has greatly im- years she also provided training on working pacted his neighbors through his generous ef- with young children exposed to drugs. HON. PETER A. DeFAZIO forts at Pittsburg State University and the city Mr. Speaker, Diana has made monumental as a whole. Gene’s devotion to charitable contributions in the world of social work world OF OREGON causes is recognized by many as truly inspira- and I am pleased to recognize her many ac- IN THE HOUSE OF REPRESENTATIVES tional. complishments. The weekend of July 8, 2005 marks the fif- Today, I am proud to commend her for her Monday, June 27, 2005 teenth and final Gene Bicknell Charity Golf service to the community, her dedication to Classic, which benefits Pittsburg’s Mt. Carmel those in need and her commitment to the peo- Mr. DEFAZIO. Mr. Speaker, on the 16th day Regional Medical Center and Pittsburg State ple of Contra Costa County. In recognizing of August, 1937, Franklin D. Roosevelt signed University, Gene’s alma mater. The tour- Diana’s great contributions, I would also like to into law the Fitzgerald Act, now known as the nament has raised over $1.2 million since its wish her a happy and healthy retirement. National Apprenticeship Act. In the CONGRES- first year, and supporters hope to raise an ad- f SIONAL RECORD of August 7, 1937, Represent- ditional $100,000 this summer. ative Fitzgerald (CT) said, ‘‘this bill sets up I congratulate Gene on the great success of PERSONAL EXPLANATION standards by Federal cooperation with the this annual function and celebrate his humani- States and through the formation of voluntary tarian passion that has touched so many lives. HON. DEVIN NUNES committees in the states, throwing a cloak of f OF CALIFORNIA protection around boys and girls and setting IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE OUTSTANDING up standards and protecting them and guaran- WORK OF DIANA JORGENSON Monday, June 27, 2005 teeing that when their time of service in a UPON HER RETIREMENT trade has expired, they will come out full- Mr. NUNES. Mr. Speaker, on the legislative day of Friday, June 24, 2005, I was unavoid- fledged mechanics’’. HON. GEORGE MILLER ably detained with family matters and was un- In 1992 the United States Apprenticeship OF CALIFORNIA able to cast a vote on rollcall vote Nos. 313– Association initiated the U.S.A.A. Donald IN THE HOUSE OF REPRESENTATIVES 321. Grabowski Hall of Fame, honoring individuals f who have served at least 25 years helping the Monday, June 27, 2005 growth and development of apprenticeship Mr. GEORGE MILLER of California. Mr. INTRODUCING THE CANCER AND and must be at least 65 years of age. Speaker, I rise to pay tribute to Ms. Diana Jor- TERMINAL ILLNESS PATIENT genson, a friend, constant supporter and ad- HEALTH CARE ACT The following names represent well over vocate for the Contra Costa community, as 900 years of participation in various appren- she retires. Diana has a long history dedicated ticeship trades, ranging from Bricklaying, Car- HON. RON PAUL to improving the lives of families in my district OF TEXAS pentry, Sheet Metal, Electrical, Plumbers, Iron- and we are all beneficiaries of her service. IN THE HOUSE OF REPRESENTATIVES workers, Operating Engineers, Painters, Auto Diana’s long career in mental health and Monday, June 27, 2005 Mechanic to Machinists. The inductees are: disability services began after she received 1992—Richard Zorabedian, Rhode Island; her Masters of Social Work from the University Mr. PAUL. Mr. Speaker, I rise to help work- John Hinkson, Missouri; William Denevi, Cali- of California at Berkeley in 1968. From there, ing Americans stricken with cancer or other fornia; and Howard Kerr, New York. 1993— she went on to work in the Mental Health terminal illnesses, and their families, by intro- Louise Albrecht, Wisconsin; Charles Nye, Wis- Agency in San Francisco and was liaison to ducing the Cancer and Terminal Illness Pa- consin; Joseph D’Aires, New Jersey; Daniel Sonoma Development Center. She continued tient Health Care Act. This act exempts people Faddis, Oregon; and John Hunt, Pennsylvania. her work at the agency until 1971, when she with terminal illnesses from the employee por- 1994—James Garde, New York; John O’Neil, moved to the Golden Gate Regional Center. tion of payroll taxes while they are suffering Maine; and Thomas Crosby, Oregon. 1995— From 1973–1975 while her husband was in from such illnesses or are incurring significant Lois Gray, New York; Gerald Olejniczack, Vir- graduate school, Diana put her skills to work medical costs associated with their conditions. ginia; and Jack Reihl, Wisconsin. 1996—Law- at the Family Service Agency in Honolulu, Ha- The Cancer and Terminal Illness Patient rence Carr, Jr., Maine; John Hansen, Min- waii, later returning to the Golden Gate Re- Health Care Act also provides a payroll deduc- nesota; and Peter Marzec, New York. 1997— gional Center and serving as head of the Con- tion to any worker who is the primary care- Robert Baumgarden, Virginia; Richard Swain, cord Office. It was in this role she played a giver for a spouse, parent, or child with a ter- Illinois; Kenneth Pittman, Florida; and Marion major part in establishing the Regional Center minal illness. When stricken with cancer or another ter- Winters, Washington, DC. 1998—Joseph of the East Bay, sharing the dream of integrating persons with developmental disabilities minal disease, many Americans struggle to Calci, Massachusetts. 1999—Albert into the community. pay for the treatment necessary to save, or Rowbottom, Maine; and Carl Horstrup, Or- By 1978, Diana had taken on the role of extend, their lives. Even employees with egon. 2000—Edward Marks, Massachusetts; Manager and Acting Director of Client Serv- health insurance incur costs such as for trans- Duane Meyer, Wisconsin; and Thomas ices. From there she moved to the San Fran- portation to and from care centers, prescrip- Stanek, Wisconsin. 2001—Stephen P. Yorich, cisco School and facilitated services for the tion drugs not covered by their insurance, or Michigan; and Kenneth ‘‘Skip’’ Hardt, Maine. Visually Handicapped Program. Diana also for child care while they are receiving treat- 2002—Richard Karas, Michigan. 2003—Rob- provided services for the County Office of ment. Yet, the federal government continues ert Roberts, Washington. 2004—William ‘‘Bill’’ Education in both the Special Education Divi- to force these employees to pay for retirement Fura, Montana; Neil Heisey, Montana; and sion and George Miller Center West. benefits they may never live to see! Keith Ricketts, Montana. 2005—Jim Reardon, The Developmental Disability Council wel- Many Americans struggle to pay the costs Massachusetts; and James Kubinski, Massa- comed her as a member in 1982 and for five of treating children, a spouse, or a parent with chusetts. years Diana worked simultaneously for Rich- a terminal illness. My bill also provides much

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JN8.041 E27PT1 June 27, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1369 needed tax relief for those who are providing exemplify public service and public servants at fastest growing segment of this population and care to a loved one with a terminal disease. their best. I know my colleagues join me in membership in this once exclusive demo- As a physician who has specialized in wom- wishing every success to California’s new graphic group is projected to grow from four en’s health issues for decades, I know how Secretary for Education. million Americans today to an estimated 19 critical it is that cancer patients and others suf- f million by 2050. fering from terminal illnesses have the re- Unfortunately, our health care system is ill sources they need to combat these illnesses. TRIBUTE TO DONALD RUGGERY, SR. prepared to handle the strain of this enormous The Cancer and Terminal Illness Patient senior population, largely because we have a Health Care Act provides a realistic way to critical shortage of geriatric physicians. Fewer help people suffering from cancer or other ter- HON. BILL SHUSTER than 9,000 geriatricians practice in the United minal illnesses receive quality health care. OF PENNSYLVANIA States, less than half of the current need. By It is hard to think of a more compassionate IN THE HOUSE OF REPRESENTATIVES 2030, the shortfall of geriatricians may reach tax policy this Congress could enact than to Monday, June 27, 2005 25,000 doctors. Approximately, 2,500 psychia- stop taking the resources away from working trists have received added qualifications in Americans that could help them treat cancer, Mr. SHUSTER. Mr. Speaker, I rise today to geriatric psychiatry; yet 4,000 to 5,000 geri- AIDS, or other terrible health problems. I hope honor Donald Ruggery, Sr., owner of Ruggieri atric psychiatrists are needed to provide pa- all my colleagues will help people suffering Enterprises LLC of Altoona, who has been tient care. from terminal illnesses, and their caregivers, honored as the 2005 Small Business Person According to estimates from the President’s by cosponsoring the Cancer and Terminal Ill- of the Year by the St. Francis University Small Commission on Mental Health, at the current ness Patient Health Care Act. Business Development Center. The Center rate of approximately 80 new geriatric psychia- f recognizes businesses that have participated in the University’s small business outreach trists graduating each year and an estimated A TRIBUTE TO ALAN D. BERSIN program whose primary goal is to educate 3 percent attrition, there will be approximately new business owners on how to create a suc- 2,640 geriatric psychiatrists by the year 2030, HON. RANDY ‘‘DUKE’’ CUNNINGHAM cessful business plan as well as assist in lo- or one per 5,682 older adults with a psychiatric disorder. OF CALIFORNIA cating proper financing for their fledgling busi- IN THE HOUSE OF REPRESENTATIVES nesses. America must plan for the burdens the baby After serving for more than 30 years as the boomers demographic shift will place on our Monday, June 27, 2005 Regional Director for the State Job Services health care system and health care providers. Mr. CUNNINGHAM. Mr. Speaker, I rise and Unemployment Compensation Office in Our first step is ensuring the country has an today to ask my colleagues to join me in hon- Altoona, Donald Ruggery, Sr. retired from his adequate number of well-trained physicians oring Alan Bersin, who this June will conclude duties to assume a responsibility as equally as who specialize in geriatrics. his seventh year as Superintendent of San altruistic. In January 1992, he founded a Today, I am introducing legislation along Diego City Schools. As such, he finishes his Spherion staffing services franchise which with my colleague Congresswoman ILEANA term of service as the nation’s longest serving today has grown into a full-service staffing and ROS-LEHTINEN of Florida, that will encourage superintendent in an urban district of 100,000 human resource consulting company providing more doctors to become certified in geriatrics. or more students. He has served our commu- permanent and temporary employment to The Geriatricians Loan Forgiveness Act would nity in Southern California with great distinc- thousands in the area. The success of the amend the Public Health Service Act to in- tion as United States Attorney from 1993– Spherion franchise in Altoona has spawned 11 clude each year of fellowship training in geri- 1998 and as the Attorney General’s Southwest other Spherion locations throughout central atric medicine or geriatric psychiatry as a year Border Representative from 1995 to 1998, the and western Pennsylvania. of obligated service under the National Health so-called ‘‘border czar.’’ Superintendent Bersin Today, Ruggieri Enterprises, LLC doing Corps Loan Repayment Program. Specifically has rendered distinguished public service in business as Spherion under Donald’s helm, is it would forgive $35,000 of education debt in- the course of leading the transformation of the one of the top franchisees of a publicly-traded, curred by medical students for each year of eighth largest public school district in America. three billion dollar staffing and human capital advanced training required to obtain a certifi- Under Superintendent Bersin’s leadership, consulting company. cate of added qualifications in geriatric medi- San Diego City Schools earning the highest Donald selflessly refuses to take the full cine or psychiatry. academic rank increased by more than a third credit for such achievements and insists that Geriatric medicine is the foundation of a while the number of schools in the lowest cat- others beside him were responsible for ac- comprehensive health plan for our most vul- egory fell from 13 to 1. Mr. Bersin also pro- complishing their success in finding jobs for nerable seniors. Geriatrics, by focusing on as- moted and successfully inspired 78.8 percent out-of-work Pennsylvanians. Despite Donald’s sessment and care coordination, promotes of the electorate to support a $1.5 billion bond refusal to take full recognition, through his preventive care and improves patients’ quality to repair and renovate the physical infrastruc- careful guidance and leadership, Spherion has of life by allowing them greater independence ture of the city schools. He downsized the developed from a small start-up with one Al- and eliminating unnecessary and costly trips central office to streamline operations and di- toona office at its inception to a multiple loca- to the hospital or institutions. A fellowship in rected further resources to the classroom. His tion firm with over $34 million in revenue in geriatric psychiatry provides intensive training outreach efforts set a new standard for com- 2004 alone. in the biological and psychological aspects of munity participation and dialogue and helped The thousands of Pennsylvanians who now normal aging, the psychiatric impact of acute to foster an atmosphere of mutual respect. By have jobs due to his continued hard work and chronic physical illness, and the biological maintaining a relentless focus on enhanced in- would certainly join me in thanking Donald for and psycho-social aspects of the pathology of struction and improved student achievement, his contributions to the community and the primary psychiatric disturbances of older age. Superintendent Bersin achieved great things economy, as well as serving as an inspiration Thus, these specialists are equipped to diag- for public education in San Diego. for the spirit of chivalrous virtue. nose and treat these complex conditions Mr. Bersin oversaw a transformation of San f among our frailest citizens. Diego City Schools. The district is now better able to serve its students, their families and INTRODUCING THE GERIATRICIANS Mr. Speaker, this kind of specialized care is the broader San Diego community. The credit LOAN FORGIVENESS ACT OF 2005 complicated and demanding. Many doctors in- belongs to thousands of teachers and hun- clined to study and practice geriatrics are dis- dreds of school and parent leaders who were HON. ROSA L. DeLAURO suaded from doing so because treating the elderly takes more time and carries financial dis- galvanized and energized by Superintendent OF CONNECTICUT incentives for doctors. Bersin’s leadership. I am also pleased to an- IN THE HOUSE OF REPRESENTATIVES nounce that Mr. Bersin’s service in support of Medical training takes time, and it is impor- public education will continue as Governor Ar- Monday, June 27, 2005 tant that we take steps now to alleviate the nold Schwarzenegger has appointed him Sec- Ms. DELAURO. Mr. Speaker, as our nation’s shortages in geriatrics that are only going to retary of Education for California and a mem- 76 million baby boomers near retirement age, get worse in the next ten years and beyond. ber of the State Board of Education. His term the number of Americans over age 65 will This legislation is a commonsense approach commences on July 1, 2005. I want to offer double to 70 million—one-fifth of the popu- and a cost-effective investment, and I hope it my congratulations to Alan. He continues to lation. Americans older than 85 represent the will receive the support of the House.

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A27JN8.046 E27PT1 E1370 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2005 PERSONAL EXPLANATION The tax credit would be available to all citi- emergency rooms would be relieved of the zens, regardless of whether or not they burden of having to provide routine care for HON. XAVIER BECERRA itemize their deductions. The credit applies people who otherwise cannot afford it. against both income and payroll tax liability. OF CALIFORNIA According to research on the effects of this The tax credits provided in this bill will be es- IN THE HOUSE OF REPRESENTATIVES bill done by my staff and legislative counsel, pecially helpful to those Americans whose em- Monday, June 27, 2005 the benefit of these tax credits would begin to ployers cannot afford to provide health insur- be felt by joint filers with incomes slightly Mr. BECERRA. Mr. Speaker, on Friday, ance for their employees. These workers must above $18,000 per year, or single income fil- June 24, 2005, I was unable to cast my floor struggle to meet the medical bills of them- ers with incomes slightly above $15,000 per vote on rollcall numbers 308, 309, 310, 311, selves and their families. This burden is espe- year. Clearly, this bill will be of the most ben- 312, 313, 314, 315, 316, 317, 318, 319, 320 cially heavy on parents whose children have a and 321. medical condition; such as cancer or a phys- efit to low-income Americans balancing the Had I been present for the votes, I would ical disability that requires long-term or spe- demands of taxation with the needs of their have voted ‘‘no’’ on rollcall 308, ‘‘aye’’ on roll- cialized health care. children. call 309, ‘‘aye’’ on rollcall 310, ‘‘aye’’ on rollcall As an OB–GYN who has had the privilege Under the Child Health Care Affordability 311, ‘‘aye’’ on rollcall 312, ‘‘no’’ on rollcall 313, of delivering more than four thousand babies, Act, a struggling singling mother with an asth- ‘‘aye’’ on rollcall 314, ‘‘no’’ on rollcall 315, I know how important it is that parents have matic child would at last be able to provide for ‘‘aye’’ on rollcall 316, ‘‘no’’ on rollcall 317, on the resources to provide adequate health care her child’s needs, while a working-class family rollcall 318, ‘‘aye’’ on rollcall 319, ‘‘aye’’ on for their children. The inability of many working will not have to worry about how they will pay rollcall 320 and ‘‘no’’ on rollcall 321. Americans to provide health care for their chil- the bills if one of their children requires f dren is rooted in one of the great inequities of lengthy hospitalization or some other form of INTRODUCING THE CHILD HEALTH the tax code—Congress’ failure to allow indi- specialized care. viduals the same ability to deduct health care CARE AFFORDABILITY ACT Mr. Speaker, this Congress has a moral re- costs that it grants to businesses. As a direct sponsibility to provide tax relief so that low-in- result of Congress’ refusal to provide individ- HON. RON PAUL come parents struggling to care for a sick uals with health care related tax credits, par- OF TEXAS child can better meet their child’s medical ex- ents whose employers do not provide health IN THE HOUSE OF REPRESENTATIVES penses. Some may say that we cannot enact insurance have to struggle to provide health the Child Health Care Affordability Act be- Monday, June 27, 2005 care for their children. Many of these parents cause it would cause the government to lose work in low-income jobs; oftentimes, their only Mr. PAUL. Mr. Speaker, I am pleased to revenue. But, who is more deserving of this help working Americans provide for their chil- recourse for health care is the local emer- money, Congress or the working parents of a dren’s health care needs by introducing the gency room. sick child? Child Health Care Affordability Act. The Child Sometimes parents are forced to delay Health Care Affordability Act provides parents seeking care for their children until minor The Child Health Care Affordability Act with a tax credit of up to $500 for health care health concerns that could have been easily takes a major step toward helping working expenses of dependent children. Parents car- treated become serious problems requiring ex- Americans meet their health care needs by ing for a child with a disability, terminal dis- pensive treatment! If these parents had ac- providing them with generous health care re- ease, cancer, or any other health condition recess to the type of tax credits provided in the lated tax cuts and tax credits. I urge my col- quiring specialized care would receive a tax Child Health Care Affordability Act, they would leagues to support the pro-family, pro-health credit of up to $3,000 to help cover their be better able to provide care for their chil- care tax cuts contained in the Child Health child’s health care expenses. dren, and our nation’s already overcrowded Care Affordability Act.

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A27JN8.050 E27PT1 June 27, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1371 mon Stock under the Alaska Native Foreign Relations Claims Settlement Act available to To hold hearings to examine the nomina- f missed enrollees, eligible elders, and el- tions of John Ross Beyrle, of Michigan, SENATE COMMITTEE MEETINGS igible persons born after December 18, to be Ambassador to the Republic of Title IV of Senate Resolution 4, 1971, H.R. 797 and S. 475, bills to amend Bulgaria, Marie L. Yovanovitch, of agreed to by the Senate on February 4, the Native American Housing Assist- Connecticut, to be Ambassador to the ance and Self-Determination Act of Kyrgyz Republic, Robert H. Tuttle, of 1977, calls for establishment of a sys- 1996 and other Acts to improve housing California, to be Ambassador to the tem for a computerized schedule of all programs for Indians, S. 623, to direct United Kingdom of Great Britain and meetings and hearings of Senate com- the Secretary of Interior to convey cer- Northern Ireland, and Ronald Spogli, of mittees, subcommittees, joint commit- tain land held in trust for the Paiute California, to be Ambassador to the tees, and committees of conference. Indian Tribe of Utah to the City of Italian Republic. This title requires all such committees Richfield, Utah, S. 598, to reauthorize SD–419 to notify the Office of the Senate Daily provisions in the Native American Foreign Relations Digest—designated by the Rules Com- Housing Assistance and Self-Deter- International Economic Policy, Export and Trade Promotion Subcommittee mittee—of the time, place, and purpose mination Act of 1996 relating to Native Hawaiian low-income housing and Fed- To hold hearings to examine U.S. eco- of the meetings, when scheduled, and eral loan guarantees for Native Hawai- nomic development strategy and the any cancellations or changes in the ian housing, proposed legislation to south caucasus. meetings as they occur. condemn certain subsurface rights to SD–G50 As an additional procedure along land held in trust by the State of Ari- Intelligence with the computerization of this infor- zona, and convey subsurface rights held To hold a closed briefing regarding cer- mation, the Office of the Senate Daily by Bureau of Land Management, for tain intelligence matters. Digest will prepare this information for the Pascua Yaqui Tribe, proposed legis- SH–219 printing in the Extensions of Remarks lation to authorize funding for the Na- tional Indian Gaming Commission, S. JUNE 30 section of the CONGRESSIONAL RECORD on Monday and Wednesday of each 1239, to amend the Indian Health Care 9:30 a.m. Improvement Act to permit the Indian Armed Services week. Health Service, an Indian tribe, a trib- To hold hearings to examine the status Meetings scheduled for Tuesday, al organization, or an urban Indian or- of the U.S. Army and U.S. Marine June 28, 2005 may be found in the Daily ganization to pay the monthly part D Corps in fighting the global war on ter- Digest of today’s RECORD. premium of eligible medicare bene- rorism. MEETINGS SCHEDULED ficiaries, S. 1231, to amend the Indian SR–325 Self-Determination and Education As- Foreign Relations sistance Act to modify provisions re- To hold hearings to examine challenges JUNE 29 lating to the National Fund for Excel- of the Middle East road map. 9:30 a.m. lence in American Indian Education, SD–419 Armed Services proposed legislation to require former Judiciary To hold hearings to examine the nomina- Federal employees who are employed Business meeting to consider pending tions of General Peter Pace, USMC, for by tribes to adhere to conflict of inter- calendar business. reappointment to the grade of general est rules, and proposed legislation to SD–226 and to be Chairman, Joint Chiefs of amend the Tribally Controlled Commu- 10 a.m. Staff, Admiral Edmund P. nity College and Universities Assist- Commerce, Science, and Transportation Giambastiani, Jr., USN, for reappoint- ance Act. Technology, Innovation, and Competitive- ment to the grade of admiral and to be SR–485 ness Subcommittee Vice Chairman, Joint Chiefs of Staff, 9:50 a.m. To hold hearings to examine how infor- General T. Michael Moseley, USAF, for Health, Education, Labor, and Pensions mation technology can reduce medical reappointment to the grade of general Business meeting to consider S. 681, to errors, lower healthcare costs, and im- and to be Chief of Staff of the Air amend the Public Health Service Act prove the quality of patient care, in- Force, Eric S. Edelman, of Virginia, to to establish a National Cord Blood cluding the importance of developing be Under Secretary of Defense for Pol- Stem Cell Bank Network to prepare, interoperable electronic medical icy, Daniel R. Stanley, of Kansas, to be store, and distribute human umbilical records and highlight new technologies Assistant Secretary of Defense for Leg- cord blood stem cells for the treatment that will impact how health services islative Affairs, and James A. Rispoli, of patients and to support peer-re- are provided in the future. of Virginia, to be Assistant Secretary viewed research using such cells, and SR–253 of Energy for Environmental Manage- any nominations cleared for action. Aging ment. SD–430 To hold hearings to examine the impor- SD–106 10 a.m. tance of prevention in curing Medicare. Homeland Security and Governmental Af- Finance SH–216 fairs To continue hearings to examine threat- 2 p.m. To hold hearings to examine ening the health care safety net re- Appropriations vulnerabilities in the United States garding Medicaid waste, fraud and Business meeting to markup proposed passport system. abuse. legislation making appropriations for SD–562 SH–216 fiscal year 2006 for the Department of Indian Affairs 10:30 a.m. State and foreign operations. Business meeting to consider S.J. Res. Appropriations SD–106 15, to acknowledge a long history of of- State, Foreign Operations, and Related Finance ficial depredations and ill-conceived Programs Subcommittee Taxation and IRS Oversight Subcommittee policies by the United States Govern- Business meeting to markup proposed To hold hearings to examine savings and ment regarding Indian tribes and offer legislation making appropriations for investment issues. an apology to all Native Peoples on be- fiscal year 2006 for the Department of SD–215 half of the United States, S. 374, to pro- State and foreign operations. Veterans’ Affairs vide compensation to the Lower Brule SD–116 To hold hearings to examine the nomina- and Crow Creek Sioux Tribes of South 2 p.m. tions of James Philip Terry, of Vir- Dakota for damage to tribal land Commission on Security and Cooperation ginia, to be Chairman of the Board of caused by Pick-Sloan projects along in Europe Veterans’ Appeals, Department of Vet- the Missouri River, S. 113, to modify To hold hearings to examine the ongoing erans Affairs, and Charles S. Ciccolella, the date as of which certain tribal land crisis in Uzbekistan and its implica- of Virginia, to be Assistant Secretary of the Lytton Rancheria of California tions for the United States. of Labor for Veterans’ Employment is deemed to be held in trust, S. 881, to SD–124 and Training. provide for equitable compensation to 2:30 p.m. SR–418 the Spokane Tribe of Indians of the Commerce, Science, and Transportation 2:30 p.m. Spokane Reservation for the use of Disaster Prevention and Prediction Sub- Judiciary tribal land for the production of hydro- committee Immigration, Border Security and Citizen- power by the Grand Coulee Dam, S. 449, To hold hearings to examine national ship Subcommittee to facilitate shareholder consideration weather service-severe weather. To hold hearings to examine securing the of proposals to make Settlement Com- SR–253 cooperation of participating countries

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\M27JN8.000 E27PT1 E1372 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2005 relating to the need for comprehensive JULY 12 amine the legislative presentation of immigration reform. 9:30 a.m. the American Legion. SD–226 Appropriations 345 CHOB Intelligence Labor, Health and Human Services, Edu- To hold a closed briefing regarding cer- cation, and Related Agencies Sub- CANCELLATIONS tain intelligence matters. committee SH–219 To hold hearings to examine stem cell re- JUNE 29 3 p.m. search (single cell technique without Health, Education, Labor, and Pensions destruction of the embryo). 10 a.m. Education and Early Childhood Develop- SD–124 Commerce, Science, and Transportation ment Subcommittee To hold hearings to examine Spectrum- DTV. To hold hearings to examine issues relat- JULY 19 ing to American history. SR–253 10 a.m. SD–430 Energy and Natural Resources JUNE 30 To hold an oversight hearing to examine JULY 1 2 p.m. the effects of the U.S. nuclear testing Veterans’ Affairs 9:30 a.m. program on the Marshall Islands. To hold hearings to examine the nomina- Appropriations SD–366 tions of James Philip Terry, of Vir- Labor, Health and Human Services, Edu- ginia, to be Chairman of the Board of cation, and Related Agencies Sub- SEPTEMBER 20 Veterans’ Appeals, Department of Vet- committee 10 a.m. erans Affairs, and Charles S. Ciccolella, To hold hearings to examine funding for Veterans’ Affairs of Virginia, to be Assistant Secretary the Corporation for Public Broad- To hold joint hearings with the House of Labor for Veterans’ Employment casting. Committee on Veterans Affairs to ex- and Training. SD–192 SR–418

VerDate Aug 04 2004 06:23 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\M27JN8.000 E27PT1 Monday, June 27, 2005 Daily Digest Senate 2006, and pursuant to the order of June 23, 2005, Chamber Action agreed to the committee amendment in the nature Routine Proceedings, pages S7397–S7449 of a substitute, which will be considered as original Measures Introduced: Six bills were introduced, as text for the purpose of further amendment, taking follows: S. 1312–1317. Page S7428 action on the following amendments proposed there- Measures Reported: to: Pages S7403–23 S. 1017, to reauthorize grants for the water re- Adopted: sources research and technology institutes established Burns (for Ensign) Amendment No. 1033, to pro- under the Water Resources Research Act of 1984, hibit the use of funds for the demolition of build- with amendments. (S. Rept. No. 109–90) ings at the Zephyr Shoals property, Lake Tahoe, Ne- S. 655, to amend the Public Health Service Act vada. Pages S7413, S7422 with respect to the National Foundation for the Cen- Dorgan (for Feinstein) Amendment No. 1024, to ters for Disease Control and Prevention, with an authorize the imposition of fees for overnight lodg- amendment in the nature of a substitute. (S. Rept. ing at certain properties at Fort Baker, California. No. 109–91) Pages S7404, S7422 H.R. 2744, making appropriations for Agri- Burns (for Frist) Amendment No. 1028, to rein- culture, Rural Development, Food and Drug Admin- state a provision relating to National Parks with istration, and Related Agencies for the fiscal year deed restrictions. Pages S7412, S7422 ending September 30, 2006, with an amendment in Dorgan (for Wyden) Amendment No. 1035, to the nature of a substitute. (S. Rept. No. 109–92) extend the authority for watershed restoration and S. 268, to provide competitive grants for training enhancement agreements. Pages S7409, S7422 court reporters and closed captioners to meet requirements for realtime writers under the Tele- Burns (for Craig) Amendment No. 1041, to with- communications Act of 1996, with amendments. (S. draw from mineral entry or appropriation under Rept. No. 109–93) mining lease laws, and from leasing claims under S. 432, to establish a digital and wireless network mineral and geothermal leasing laws, certain land in technology program. (S. Rept. No. 109–94) the Payette National Forest. Pages S7412, S7422 Pages S7427–28 Pending: Burns (for Voinovich) Amendment No. 1010, to Measures Passed: prohibit the use of funds to take certain land into Red Tide Emergency Relief Act: Senate passed S. trust without the consent of the Governor of the 1316, to authorize the Small Business Administra- State in which the land is located. Page S7403 tion to provide emergency relief to shellfish growers Burns (for Frist/Reid) Amendment No. 1022, to affected by toxic red tide losses. Pages S7446–47 provide for Congressional security relating to certain Partners for Fish and Wildlife Act: Senate real property. Pages S7403–04 passed S. 260, to authorize the Secretary of the Inte- Dorgan (for Boxer) Amendment No. 1023, to pro- rior to provide technical and financial assistance to hibit the use of funds by the Administrator of the private landowners to restore, enhance, and manage Environmental Protection Agency to accept, con- private land to improve fish and wildlife habitats sider, or rely on third-party intentional dosing through the Partners for Fish and Wildlife Program, human studies for pesticides or to conduct inten- after agreeing to the committee amendments. tional dosing human studies for pesticides. Pages S7447–48 Page S7404 Interior Appropriations: Senate resumed consider- Dorgan Amendment No. 1025, to require Federal ation of H.R. 2361, making appropriations for the reserve banks to transfer certain surplus funds to the Department of the Interior, environment, and related general fund of the Treasury, to be used for the pro- agencies for the fiscal year ending September 30, vision of Indian health care services. Page S7404 D675

VerDate Aug 04 2004 06:28 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JN5.REC D27JN5 D676 CONGRESSIONAL RECORD — DAILY DIGEST June 27, 2005 Sununu/Bingaman Amendment No. 1026, to pro- Burns (for Coburn) Amendment No. 1015, to hibit the use of funds to plan, design, study or con- transfer funding to Wildland Fire Management from struct certain forest development roads in the the National Endowment for the Arts and the Na- Tongass National Forest. Pages S7404–05, S7409–11 tional Endowment for the Humanities. Page S7413 Dorgan (for Kerry) Amendment No. 1029, mak- Burns (for Coburn) Amendment No. 1019, to ing emergency supplemental appropriations for the transfer funding to the Special Diabetes Program for fiscal year ending September 30, 2005, for the Vet- Indians and the Alcohol and Substance Abuse Pro- erans Health Administration. Page S7405 gram within the Indian Health Service from funding Dorgan (for Bingaman) Amendment No. 1030, to for Federal land acquisition. Page S7413 modify a provision relating to funds appropriated for Burns (for Coburn) Amendment No. 1020, to ex- Bureau of Indian Affairs postsecondary schools. press the Sense of the Senate that any additional Page S7405 emergency supplemental appropriations should be Dorgan (for Bingaman) Amendment No. 1031, to offset with reductions in discretionary spending. set aside additional amounts for Youth Conservation Page S7413 Corps projects. Page S7405 Dorgan (for Feingold) Amendment No. 1043, to Dorgan (for Durbin) Amendment No. 1032, to require the Government Accountability Office to prohibit the use of funds in contravention of the Ex- conduct an audit of the competitive sourcing pro- ecutive order relating to Federal actions to address gram of the Forest Service. Pages S7413–14 environmental justice in minority populations and Dorgan (for Byrd) Amendment No. 1044, to set low-income populations. Page S7406 aside funds for the White Sulphur Springs Fish Dorgan (for Reed) Amendment No. 1036, to Hatchery. Page S7414 modify certain administrative provisions relating to Dorgan (for Conrad) Amendment No. 1045, to set the brownfield site characterization and assessment aside funds for a brownfields assessment of the For- program. Page S7409 tuna Radar Site. Page S7414 Dorgan (for Reed) Amendment No. 1037, to au- Dorgan (for Sarbanes) Amendment No. 1046, to thorize recipients of grants provided under the provide for a study of the feasibility of designating brownfield site characterization and assessment pro- the Captain John Smith Chesapeake National His- gram to use grant funds for reasonable administra- toric Watertrail as a national historic trail. tive expenses. Page S7409 Salazar Amendment No. 1038, to provide addi- Page S7414 tional funds for the payment in lieu of taxes pro- Kyl (for Smith) Amendment No. 1048, to require the Secretary of Agriculture to report to Congress on gram, with an offset. Pages S7411–12 Salazar Amendment No. 1039, to provide that the rehabilitation of the Biscuit Fire area of southern certain user fees collected under the Land and Water Oregon. Page S7417 Conservation Act of 1965 be paid to the States. Kyl Amendment No. 1049, to provide certain Pages S7411–12 earmarks for State and tribal assistance grant funds. Burns (for Bond) Amendment No. 1040, to set Pages S7417–18 aside funds for the University of Missouri—Colum- Kyl Amendment No. 1050, to modify the for- bia to establish a wetland ecology center of excel- mula for the allotment of grants to States for the es- lence. Page S7412 tablishment of State water pollution control revolv- Burns (for Warner) Amendment No. 1042, to set ing funds. Page S7418 aside funds for the replacement of the main gate fa- Kyl (for Inhofe) Amendment No. 1051, to en- cility at the Wolf Trap National Park for the Per- courage competition in assistance agreements award- forming Arts, Virginia. Page S7412 ed by the Environmental Protection Agency. Burns (for Ensign) Amendment No. 1012, to pro- Page S7418 vide for the conveyance of certain Bureau of Land Byrd (for Murray) Amendment No. 1052, making Management land in the State of Nevada to the Las emergency supplemental appropriations for the fiscal Vegas Motor Speedway. Pages S7412–13 year ending September 30, 2005, for the Veterans Burns (for Coburn) Amendment No. 1002, to re- Health Administration. Pages S7419–20 duce total appropriations in the bill by 1.7 percent Byrd/Cochran Amendment No. 1053, to provide for the purpose of fully funding the Department of funds for the Memorial to Martin Luther King, Jr. Defense. Page S7413 Pages S7420–21 Burns (for Coburn) Amendment No. 1003, to re- Dorgan (for Bingaman) Amendment No. 1054, to quire conference report inclusion of limitations, di- set aside additional amounts for Youth Conservation rectives, and earmarks. Page S7413 Corps projects. Page S7421

VerDate Aug 04 2004 06:21 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JN5.REC D27JN5 June 27, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D677 Dorgan (for Bingaman) Amendment No. 1055, to A unanimous-consent agreement was reached pro- provide for the consideration of the effect of com- viding for further consideration of the bill on Tues- petitive sourcing on wildland fire management ac- day, June 28, 2005. Page S7449 tivities. Page S7421 Energy Policy Act Amendment—Agreement: A Dorgan (for Bingaman) Amendment No. 1056, to unanimous-consent agreement was reached providing strike the title providing for the disposition of Forest that all references to Amendment No. 978, to clarify Service land and the realignment of Forest Service fa- the definition of coal to liquid fuel technology, to cilities. Page S7421 the bill H.R. 6, to ensure jobs for our future with Dorgan (for Bingaman) Amendment No. 1057, to secure, affordable, and reliable energy, agreed to on extend the Forest Service conveyances pilot program. Wednesday, June 22, 2005, reflect that the sponsor Page S7421 of the amendment is Senator Conrad and not Senator Dorgan (for Bingaman) Amendment No. 1058, to Obama. Page S7449 provide a substitute for title V, Facility Realignment and Enhancement Act of 2005. Page S7421 Energy Policy Act—Agreement: A unanimous- Dorgan Amendment No. 1059, to facilitate family consent agreement was reached providing for further travel to Cuba in humanitarian circumstance. consideration of H.R. 6, Energy Policy Act, at 9:45 Page S7421 a.m. on Tuesday, June 28, 2005, with a vote on Dorgan (for Landrieu) Amendment No. 1060, to final passage of the bill to occur immediately there- make certain funding revisions relating to Histori- on. Page S7449 cally Black Colleges and Universities, and Depart- Messages From the House: Page S7425 ment of the Interior administrative expenses. Measures Referred: Page S7425 Page S7421 Dorgan (for Obama) Amendment No. 1061, to Executive Communications: Pages S7425–27 provide that none of the funds made available in this Additional Cosponsors: Pages S7428–29 Act may be used in contravention of 15 U.S.C. section 2682(c)(3) or to delay the implementation of Statements on Introduced Bills/Resolutions: Pages S7429–38 that section. Pages S7421–22 Dorgan (for Obama) Amendment No. 1062, to Additional Statements: Page S7425 provide that of the funds made available under the Amendments Submitted: Pages S7438–45 heading ‘‘Environmental Programs and Manage- ment,’’ not less than $100,000 shall be made avail- Notices of Hearings/Meetings: Pages S7445–46 able to issue the proposed rule required under 15 Adjournment: Senate convened at 1 p.m., and ad- U.S.C. section 2682(c)(3) by November 1, 2005, and journed at 6:24 p.m. until 9:45 a.m., on Tuesday, promulgate the final rule required under 15 U.S.C. June 28, 2005. (For Senate’s program, see the re- section 2682(c)(3) by September 30, 2006. marks of the Acting Majority Leader in today’s Pages S7421–22 Record on page S7449.) A unanimous-consent agreement was reached providing that all second degree amendments be relevant to the first degree amendments to which they Committee Meetings are offered. Page S7449 No committee meetings were held.

VerDate Aug 04 2004 06:21 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JN5.REC D27JN5 D678 CONGRESSIONAL RECORD — DAILY DIGEST June 27, 2005 House of Representatives John J. Hainkel Post Office Building Designa- Chamber Action tion Act: H.R. 2346, amended, to designate the fa- Public Bills and Resolutions Introduced: 11 pub- cility of the United States Postal Service located at lic bills, H.R. 3070–3080 and 2 resolutions, H. 105 NW Railroad Avenue in Hammond, Louisiana, Con. Res. 193; and H. Res. 343, were introduced. as the ‘‘John J. Hainkel Post Office Building’’; Pages H5251–52 Pages H5194–95 Additional Cosponsors: Page H5152 Agreed to amend the title so as to read: to des- Reports Filed: Reports were filed today as follows: ignate the facility of the United States Postal Service located at 105 NW Railroad Avenue in Hammond, H. Res. 341, providing for consideration of H.R. Louisiana, as the ‘‘John J. Hainkel, Jr., Post Office 3057, making appropriations for foreign operations, export financing, and related programs for the fiscal Building’’. Page H5195 year ending September 30, 2006 (H. Rept. Mayor Joseph S. Daddona Memorial Post Office 109–155); Designation Act: H.R. 2490, to designate the facil- H. Res. 342, providing for consideration of H.R. ity of the United States Postal Service located at 442 3058, making appropriations for the Departments of West Hamilton Street, Allentown, Pennsylvania, as Transportation, Treasury, and Housing and Urban the ‘‘Mayor Joseph S. Daddona Memorial Post Of- Development, the Judiciary, District of Columbia fice’’; Pages H5195–96 and independent agencies for the fiscal year ending Commemorating Mystic Seaport: the Museum of September 30, 2006 (H. Rept. 109–156); America and the Sea in recognition of its 75th H.R. 426, to encourage the development and inte- year: H. Con. Res. 152, amended, commemorating grated use by the public and private sectors of re- Mystic Seaport: the Museum of America and the Sea mote sensing and other geospatial information, in recognition of its 75th year; Pages H5196–97 amended (H. Rept. 109–157); and Delaware River Protection Act of 2005: H.R. H.R. 1022, to provide for a Near-Earth Object 1412, amended, to amend the Ports and Waterways Survey program to detect, track, catalogue, and char- Safety Act to require notification of the Coast Guard acterize certain near-earth asteroids and comets (H. regarding obstructions to navigation; Rept. 109–158). Page H5151 Pages H5197–H5200 Speaker: Read a letter from the Speaker wherein he Sand Creek Massacre National Historic Site appointed Representative Aderholt to act as speaker Trust Act of 2005: H.R. 481, amended, to further pro tempore for today. Page H5179 the purposes of the Sand Creek Massacre National Recess: The House recessed at 12:38 p.m and recon- Historic Site Establishment Act of 2000; vened at 2 p.m. Page H5180 Pages H5200–02 Suspensions: The House agreed to suspend the rules Authorizing the establishment of a memorial to and pass the following measures: regiments from New Hampshire at Antietam Na- Recognizing National Homeownership Month: tional Battlefield: H.R. 1084, amended, to author- H. Res. 312, recognizing National Homeownership ize the establishment at Antietam National Battle- Month and the importance of homeownership in the field of a memorial to the officers and enlisted men United States; Pages H5181–83 of the Fifth, Sixth, and Ninth New Hampshire Vol- Little Rock Central High School Desegregation unteer Infantry Regiments and the First New 50th Anniversary Commemorative Coin Act: H.R. Hampshire Light Artillery Battery who fought in 358, amended, to require the Secretary of the Treas- the Battle of Antietam on September 17, 1862; ury to mint coins in commemoration of the 50th an- Page H5202 niversary of the desegregation of the Little Rock National Fish and Wildlife Foundation Reau- Central High School in Little Rock, Arkansas; thorization Act of 2005: H.R. 1428, amended, to Pages H5183–86 authorize appropriations for the National Fish and Sense of Congress that a Caribbean-American Wildlife Foundation; Pages H5202–03 Heritage Month should be established: H. Con. National Geologic Mapping Reauthorization Act Res. 71, expressing the sense of Congress that there of 2005: H.R. 2362, amended, to reauthorize and should be established a Caribbean-American Herit- amend the National Geologic Mapping Act of 1992; age Month; Pages H5192–94 Pages H5203–05

VerDate Aug 04 2004 06:21 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JN5.REC D27JN5 June 27, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D679 Upper White Salmon Wild and Scenic Rivers on pages H5216–17 and H5217–18. There were no Act: H.R. 38, amended, to designate a portion of the quorum calls. White Salmon River as a component of the National Adjournment: The House met at 12:30 p.m., and Wild and Scenic Rivers System; Pages H5205–06 adjourned at 11:54 p.m. Taunton, Massachusetts Special Resources Study Act: H.R. 1512, amended, to direct the Secretary of the Interior to conduct a special resources study re- Committee Meetings garding the suitability and feasibility of designating TRANSPORTATION, TREASURY, AND HUD, certain historic buildings and areas in Taunton, Mas- THE JUDICIARY, DISTRICT OF COLUMBIA, sachusetts, as a unit of the National Park System; AND INDEPENDENT AGENCIES Pages H5206–07 APPROPRIATIONS FY 2006 Honoring members of the U.S. Air Force who Committee on Rules: Granted, by voice vote, an open were killed in the June 25, 1996 terrorist bombing rule providing one hour of general debate on H.R. of the Khobar Towers U.S. military housing com- 3058, making appropriations for the Departments of pound: H. Con. Res. 188, honoring the members of Transportation, Treasury, and Housing and Urban the United States Air Force who were killed in the Development, the Judiciary, District of Columbia, June 25, 1996, terrorist bombing of the Khobar and independent agencies for the fiscal year ending Towers United States military housing compound September 30, 2006, equally divided and controlled near Dhahran, Saudi Arabia; Pages H5207–09 by the chairman and ranking minority member of Sense of the House regarding the massacre at the Committee on Appropriations. The rule waives Srebrenica in July 1995: H. Res. 199, amended, all points of order against consideration of the bill. expressing the sense of the House of Representatives Under the rules of the House the bill shall be read regarding the massacre at Srebrenica in July 1995, for amendment by paragraph. The rule waives all by a yea-and-nay vote of 370 yeas to 1 nay, Roll No. points of order against provisions in the bill for fail- 322; and Pages H5209–14, H5216–17 ure to comply with clause 2 of rule XXI (prohib- Urging the Government of the Republic of Alba- iting unauthorized appropriations or legislative pro- nia to ensure that the elections on July 3, 2005 are visions in an appropriations bill), except as specified conducted in accordance with international stand- in the resolution. The rule authorizes the Chair to ards for free and fair elections: H. Con. Res. 155, accord priority in recognition to Members who have urging the Government of the Republic of Albania pre-printed their amendments in the Congressional to ensure that the parliamentary elections to be held Record. Finally, the rule provides one motion to re- on July 3, 2005, a conducted in accordance with commit with or without instructions. Testimony was international standards for free and fair elections, by heard from Representatives Knollenberg and Olver. a 2⁄3 yea-and-nay vote of 369 yeas to 1 nay, Roll No. FOREIGN OPERATIONS, EXPORT 323. Pages H5214–16, 5217–18 FINANCING, AND RELATED PROGRAMS Recess: The House recessed at 4:35 p.m. and recon- APPROPRIATIONS FY 2006 vened at 6:30 p.m. Page H5216 Committee on Rules: Granted, by voice vote, an open Suspension—Proceedings Postponed: The House rule providing one hour of general debate on H.R. began consideration of the following measure under 3057, making appropriations for foreign operations, suspension of the rules. Further consideration will export financing, and related programs for the fiscal continue tomorrow, June 28. year ending September 30, 2006, equally divided Military Personnel Financial Services Protection and controlled by the chairman and ranking minor- Act: H.R. 458, amended, to prevent the sale of abu- ity member of the Committee on Appropriations. sive insurance and investment products to military The rule waives all points of order against consider- personnel. Pages H5186–92 ation of the bill. Under the rules of the House the bill shall be read for amendment by paragraph. The British-American Interparliamentary Group— rule waives all points of order against provisions in Appointment: The Chair announced the Speaker’s the bill for failure to comply with clause 2 of rule appointment of the following Members to the Brit- XXI (prohibiting unauthorized appropriations or ish-American Interparliamentary Group: Representa- legislative provisions in an appropriations bill), ex- tive Petri, Chairman; and Representative Boozman, cept as specified in the resolution. The rule author- Vice Chairman. Page H5216 izes the Chair to accord priority in recognition to Quorum Calls—Votes: Two yea-and-nay votes de- Members who have pre-printed their amendments in veloped during the proceedings of today and appear the Congressional Record. Finally, the rule provides

VerDate Aug 04 2004 06:21 Jun 28, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JN5.REC D27JN5 D680 CONGRESSIONAL RECORD — DAILY DIGEST June 27, 2005 one motion to recommit with or without instruc- OPM to remove the Personnel Security Clearance Pro- tions. Testimony was head from Representatives gram from the high-risk list, 10 a.m., SD–562. Kolbe and Lowey. Committee on Indian Affairs: to hold an oversight hear- f ing to examine regulation of Indian gaming, 10 a.m., SD–106. COMMITTEE MEETINGS FOR TUESDAY, Committee on Veterans’ Affairs: to hold hearings to exam- JUNE 28, 2005 ine the shortfall in VA’s medical care budget, 10:30 a.m., SR–418. (Committee meetings are open unless otherwise indicated) Special Committee on Aging: to hold hearings to examine Senate the structure of the Medicaid program and its use of mandatory and optional populations and benefits, focus- Committee on Agriculture, Nutrition, and Forestry: to hold ing on how Congress can meet its budgetary obligations hearings to examine the Agricultural Risk Protection Act to find savings in Medicaid and strengthen the program of 2000 and related crop insurance issues, 10 a.m., for the long-term, 3 p.m., SD–G50. SR–328A. Committee on Appropriations: Subcommittee on Military House Construction and Veterans’ Affairs and Related Agencies, Committee on Appropriations, Subcommittee on Military to hold hearings to examine the Commission on the Re- Quality of Life, and Veterans’ Affairs, and Related Agen- view of Overseas Military Facility Structure of the United cies, on Veterans Affairs, 9 a.m., 2362–A Rayburn. States (Overseas Basing Commission) Report on the U.S. Committee on Armed Services, Subcommittee on Military overseas military basing posture, 4 p.m., SD–138. Personnel, hearing on the religious climate at the U.S. Committee on Energy and Natural Resources: Subcommittee Air Force Academy, 2 p.m., 2118 Rayburn. on National Parks, to hold hearings to examine S. 206, Committee on Education and the Workforce, Subcommittee to designate the Ice Age Floods National Geologic Trail, on Education Reform, hearing entitled ‘‘How the Private S. 556, to direct the Secretary of the Interior and the Sec- Sector is Helping States and Communities Improve High retary of Agriculture to jointly conduct a study of certain School Education,’’ 2 p.m., 2175 Rayburn. land adjacent to the Walnut Canyon National Monument Committee on Energy and Commerce, Subcommittee on in the State of Arizona, S. 588, to amend the National Health, hearing on H.R. 2355, Health Care Choice Act Trails System Act to direct the Secretary of the Interior of 2005, 10 a.m., 2123 Rayburn. and the Secretary of Agriculture to jointly conduct a Committee on Government Reform, hearing entitled ‘‘Under study on the feasibility of designating the Arizona Trail Fire: Does the District of Columbia’s Gun Ban Help or as a national scenic trail or a national historic trail, and Hurt the Fight Against Crime?’’ 2:30 p.m., 2154 Ray- S. 955, to direct the Secretary of the Interior to conduct burn. a special resource study to determine the suitability and Subcommittee on Regulatory Affairs, hearing entitled feasibility of including in the National Park System cer- ‘‘The Impact of Regulation on U.S. Manufacturing: Spot- tain sites in Williamson County, Tennessee, relating to light on Department of Labor and Department of Trans- the Battle of Franklin, 10 a.m., SD–366. portation,’’ 2 p.m., 2203 Rayburn. Committee on Finance: business meeting to mark up S. Committee on Homeland Security, Subcommittee on Pre- 1307, to implement the Dominican Republic-Central vention of Nuclear and Biological Attack, hearing enti- America-United States Free Trade Agreement, and S.J. tled ‘‘Pathways to the Bomb: Security of Fissile Materials Res. 18, approving the renewal of import restrictions con- Abroad,’’ 10 a.m., 2128 Rayburn. tained in the Burmese Freedom and Democracy Act of Committee on the Judiciary, Subcommittee on Commer- 2003, 9 a.m., SH–216. cial and Administrative Law, hearing on the Legal Serv- Full Committee, to hold hearings to examine threat- ices Corporation: A Review of Leasing Choices and Land- ening the health care safety net regarding Medicaid lord Relations, 12 p.m., 2141 Rayburn. waste, fraud and abuse, 10 a.m., SH–216. Subcommittee on Courts, the Internet and Intellectual Committee on Homeland Security and Governmental Affairs: Property, to mark up the following bills: H.R. 2791, Subcommittee on Oversight of Government Management, United States Patent and Trademark Fee Modernization the Federal Workforce, and the District of Columbia, to Act of 2005; and H.R. 2955, Intellectual Property Juris- hold hearings to examine the security clearance process of diction Clarification Act of 2005, 10 a.m., 2141 Ray- the Department of Defense (DOD), focusing on the trans- burn. fer of investigative responsibilities from DOD to the Of- Subcommittee on Immigration, Border Security, and fice of Personnel Management (OPM), including the im- Claims, hearing on H.R. 2933, Alien Gang Removal Act pact this shift will have on the ability to investigate and of 2005, 3 p.m., 2141 Rayburn. adjudicate security clearances in a thorough and expedi- Committee on Science, hearing on The Future of NASA, tious manner, including strategies employed by DOD and 10 a.m., 2318 Rayburn.

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Subcommittee on Environment, Technology, and entitled ‘‘How the Clean Air Act Affects Auto Repair,’’ Standard, hearing on Small Business Innovation and Re- 2 p.m., 311 Cannon. search: What is the Optimal role of Venture Capital?’’ 3 Committee on Ways and Means, Subcommittee on Select p.m., 2318 Rayburn. Revenue Measures, hearing on Funding Rules for Multi- Committee on Small Business, Subcommittee on Work- employer Defined Benefit Plans in H.R. 2830, Pension force, Empowerment and Government Programs, hearing Protection Act of 2005, 10 a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Tuesday, June 28 9 a.m., Tuesday, June 28

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Tuesday: Begin consideration of H.R. of H.R. 6, Energy Policy Act, with a vote on final pas- 3057, Foreign Operations, Export Financing and Related sage of the bill to occur immediately thereon; following Program Appropriations Act for FY 2006 (open rule, one which, Senate will continue consideration of H.R. 2361, hour of general debate). Interior Appropriations. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Jones, Walter B., N.C., E1367 Pence, Mike, Ind., E1357 Kolbe, Jim, Ariz., E1358 Porter, Jon C., Nev., E1363 Becerra, Xavier, Calif., E1370 Kucinich, Dennis J., Ohio, E1361, E1364, E1365 Rangel, Charles B., N.Y., E1366 Brown-Waite, Ginny, Fla., E1364 Lofgren, Zoe, Calif., E1365 Ryan, Tim, Ohio, E1359 Cunningham, Randy ‘‘Duke’’, Calif., E1369 Meek, Kendrick B., Fla., E1358 Ryun, Jim, Kans., E1368 Davis, Danny K., Ill., E1357 Michaud, Michael H., Me., E1364 Sanders, Bernard, Vt., E1363 DeFazio, Peter A., Ore., E1368 Miller, George, Calif., E1368 Shaw, E. Clay, Jr., Fla., E1362 DeLauro, Rosa L., Conn., E1369 Nadler, Jerrold, N.Y., E1357 Shuster, Bill, Pa., E1369 Dent, Charles W., Pa., E1364 Nunes, Devin, Calif., E1368 Solis, Hilda L., Calif., E1367 Harman, Jane, Calif., E1366 Paul, Ron, Tex., E1361, E1363, E1365, E1367, E1368, Terry, Lee, Nebr., E1358 Higgins, Brian, N.Y., E1358, E1362, E1364, E1365 E1370 Wexler, Robert, Fla., E1363

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