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

Vol. 151 WASHINGTON, THURSDAY, MAY 26, 2005 No. 72 House of Representatives The House met at 10 a.m. SA´ NCHEZ) come forward and lead the win is a victory for all of Monroe Coun- The Chaplain, the Reverend Daniel P. House in the Pledge of Allegiance. ty. Go Conchs! ´ Coughlin, offered the following prayer: Ms. LINDA T. SANCHEZ of Cali- f Lord God, our Defender in Battle and fornia led the Pledge of Allegiance as UNIVERSAL HEALTH CARE FOR Cause of Peace, be with this body as it follows: ALL completes its legislative work this I pledge allegiance to the Flag of the week and asks Your blessing upon the United States of America, and to the Repub- (Mr. KUCINICH asked and was given Nation. lic for which it stands, one nation under God, permission to address the House for 1 This Congress is ever assisted by liai- indivisible, with liberty and justice for all. minute and to revise and extend his re- son offices and the personnel of our f marks.) military forces in the United States. Mr. KUCINICH. Mr. Speaker, health This tour of duty by the military here ANNOUNCEMENT BY THE SPEAKER care in this country is a crisis of major on Capitol Hill must be most pleasing The SPEAKER. The Chair will enter- proportions. Seniors are still splitting in Your sight, as our Supreme Com- tain 10 1-minute speeches per side. pills to make their medications last. mander. People will not go to a doctor because f With strategic information and mili- they cannot afford it. Only if some are tary training, this liaison force helps CONGRATULATIONS TO KEY WEST near death will they rush to the hos- Congressional Members and commit- HIGH SCHOOL pital. It is clearly time for a universal, tees to resolve military issues and ac- (Ms. ROS-LEHTINEN asked and was single payer, not-for-profit health care complish mutual undertakings that so- given permission to address the House system called Medicare For All, and lidify necessary operations by this gov- for 1 minute and to revise and extend that is exactly what H.R. 676, spon- ernment. The daily work of men and her remarks.) sored by the gentleman from Michigan women of the military bolsters the Ms. ROS-LEHTINEN. Mr. Speaker, I (Mr. CONYERS) and by myself would House of Representatives and its re- rise today to honor and congratulate achieve. solve to protect and defend this Nation. the newest baseball, State of Florida, Medicare For All will cost the same Their constant presence is a regular in- High School Champions, the Key West amount the Nation currently spends vitation of all of us to turn to You, Al- High School baseball team. for health care overall, but funds will mighty God, and lift up to You all our Located in the southernmost point of be reallocated to cover everyone, to men and women in military uniform Florida, the Conchs captured their 11th improve care and eliminate cost for in- dividuals. And here is what would be and their families, especially those State title by beating Orlando Bishop covered: all medically necessary proce- who are presently deployed in Afghani- Moore by a score of 7–0. This is the dures, primary care and prevention, in- stan and Iraq. first State title for the Conchs since As Memorial Day approaches, we patient care, outpatient care, emer- 1998, capping an incredible season. praise You, Lord God, and thank You gency care, prescription drugs, long- At the beginning of the year, the for the service and dedication of our term care, mental health, dental Conchs were ranked fifth in the Nation military, especially those who have health, and vision care, as well as by Baseball America Magazine, and made the ultimate sacrifice of them- chiropractic services. they surely did not disappoint. Their selves for the good of us all. Amen. It is time for us to realize a primary 27-to-5 record demonstrates their com- f purpose of our government is to make mitment and their resilience, Mr. sure our people are healthy. Health THE JOURNAL Speaker. care is a basic right in a democratic so- The SPEAKER. The Chair has exam- Key West High School is the little ciety. ined the Journal of the last day’s pro- school that could; and, boy, they sure I am urging support for H.R. 676. did. Congratulations to the Key West ceedings and announces to the House f his approval thereof. High School baseball team on its in- Pursuant to clause 1, rule I, the Jour- credible season. Hats off to the ath- COMMENDING LAKE WORTH, FLOR- nal stands approved. letes, their proud parents, the coaching IDA POLICE DEPARTMENT ON staff, the school administrator, the HEROIC RESPONSE f Monroe County Public School Super- (Mr. FOLEY asked and was given per- PLEDGE OF ALLEGIANCE intendent Randy Acevedo, and all of mission to address the House for 1 The SPEAKER. Will the gentle- the proud residents of Monroe County, minute and to revise and extend his re- woman from California (Ms. LINDA T. and most especially Key West. Their marks.)

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 jul 14 2003 04:44 May 27, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.000 H26PT1 H4076 CONGRESSIONAL RECORD — HOUSE May 26, 2005 Mr. FOLEY. Mr. Speaker, at 3:48 a.m. talent. I was so impressed that I want- few Caribbean Americans who have on the morning of Sunday, May 22, an ed to be sure to come down to the floor contributed so much to the United 8-year-old girl from my hometown of and recognize her achievement. She ex- States. Lake Worth, Florida, was reported emplifies what you can achieve, re- This year, I reintroduced a resolution missing. She was thought to have been gardless of gender. which we introduced last year, H. Con. abducted by someone she knew and the That is why it is bewildering to me Res. 71. It is a bipartisan and long- Lake Worth Police Department quick- that in this day and age we are debat- overdue effort to create a national Car- ly went into action. ing whether or not to allow women in ibbean American Heritage Month. I ask In coordination with the Florida De- combat. If anything, young women like all of my colleagues to join me, the 72 partment of Law Enforcement, an Katie serve to remind us that we can cosponsors, and numerous Caribbean Amber Alert was issued at 7:30 a.m. and pretty much do anything that men can, American voices from across the coun- an all-points bulletin, including off- and sometimes even better. try who have supported this measure. duty police, were called in to respond. f When we return from the Memorial Under the leadership of Deputy Chief Day recess, I hope the House will con- WE NEED THE MARRIAGE Patrick Hampshire, more than 100 offi- sider this bipartisan goodwill resolu- PROTECTION AMENDMENT cers from five agencies responded with- tion that honors the legacy and the di- in an hour. (Mr. PITTS asked and was given per- versity of the Caribbean American Sergeant Michael Hall was charged mission to address the House for 1 community. It is long overdue. with searching for her at the city minute and to revise and extend his re- f dump. Opening a large bin, Sergeant marks.) Hall found cement blocks, but on a sec- Mr. PITTS. Mr. Speaker, the States ECONOMIC GROWTH ond look he saw the faint shadow of a should decide. Is that not what we (Mrs. BLACKBURN asked and was small hand. With the help of Corporal heard in debate on gay marriage? given permission to address the House Robert Cresswell of the Palm Beach Well, that is what Nebraska did, with for 1 minute and to revise and extend Sheriff’s Department, Lieutenant Dave a constitutional amendment passed by her remarks.) Matthews of the Lake Worth Police De- their State legislature and approved by Mrs. BLACKBURN. Mr. Speaker, ear- partment, Special Agent Mike Driscoll over 70 percent of their voters in a ref- lier this week I came to the floor to of the Florida Department of Law En- erendum. The State decided that the share great economic news from my forcement, the searchers were able to definition of marriage should be lim- State of Tennessee. We had just get this young girl out from under ited to one man and one woman, a defi- learned that Tennessee expects to have these blocks and debris and save her nition that nearly everyone in this a $272 million boost in sales revenue, life. SWAT Medic Earl Bakki gave her country agrees with. State revenues. It appears that our medical attention until she could get But recently an activist Federal fight to restore the sales tax deduct- to the hospital. judge disagreed and the duly enacted ibility to our Federal income tax is Mr. Speaker, these are true heroes, law of the State, the decision of the paying off big time, and we thank the working as a team and using the tools State and its reelected representatives leadership for that. they had been provided to save this and voters, was overruled by an activ- But, Mr. Speaker, the good thing we young, precious life. I want to com- ist Federal court. have learned is that this news is not mend Chief William Smith and the Does not sound like States deciding just limited to Tennessee. Just this members of the Lake Worth Police De- to me. On the contrary, it is exactly morning the Bureau of Economic Anal- partment for their swift, heroic re- what many of us have said would hap- ysis revised the Nation’s first quarter sponse on Sunday, as well as the Palm pen, activist courts would erode the growth upward. America’s GDP grew at Beach County Sheriff’s Department, will of the people in States like Ne- 3.5 percent, not 3.1 percent, as had pre- Lantana Police Department, Boca braska. The other side, the side viously been estimated. Raton Police Department, the Florida screaming for States’ rights just 10 If you do not know what that means, Department of Law Enforcement for months ago, has not said a word while let me tell you. It means that the Re- aiding in the search for this young girl. Federal courts decide and impose their publican support for lower taxes and f will of what marriage is on the States. less regulation is paying off. It works. This is too far. We need to act. The It works. In April, America’s free en- TRIBUTE TO KATIE BROWNELL Federal Marriage Protection Amend- terprise system created 274,000 new (Ms. LINDA T. SA´ NCHEZ of Cali- ment will ensure that States decide jobs. fornia asked and was given permission this issue of critical importance. If the Everyone in this body should recog- to address the House for 1 minute and other side really believes their own nize the fact that our leadership and to revise and extend her remarks.) rhetoric, they will back this amend- our majority are putting America on Ms. LINDA T. SA´ NCHEZ of Cali- ment and fight for judges who allow the right track for growth and job cre- fornia. Mr. Speaker, I rise today to sa- the people and their elected represent- ation. lute a young girl who is truly in a atives to debate and decide cultural f league of her own, Kate Brownell. issues. ACCOMPLISHMENTS OF REPUB- Katie is a shy 11-year-old girl of few f words, but when she gets on the base- LICAN-LED CONGRESS TO DATE ball field she lets her pitching do the CARIBBEAN-AMERICAN HERITAGE (Mr. PRICE of Georgia asked and was talking, and she rocks. Brownell is the BILL given permission to address the House only girl in the Oakfield-Alabama Lit- (Ms. LEE asked and was given per- for 1 minute and to revise and extend tle League Baseball Program. Last mission to address the House for 1 his remarks.) week, she threw a perfect game for the minute and to revise and extend her re- Mr. PRICE of Georgia. Mr. Speaker, Dodgers in an 11–0 victory for the marks.) as we head home for the Memorial Day Yankees. Ms. LEE. Mr. Speaker, there are recess this weekend, let us take a look How dominant was she? She struck many Caribbean Americans who have at all of the accomplishments of our out all 18 batters she faced, yielding no helped to shape American government, Republican-led Congress so far this more than two balls to any batter in a politics, business, arts, education, year: bankruptcy reform, class action 6-inning victory. Katie accomplished science and culture: Sidney Poitier, fairness, REAL ID Act with immigra- something that league officials cannot Tito Puente, Colin Powell, Edwidge tion reform, permanent repeal of the remember anyone, boy or girl, ever Danticat, Harry Belafonte, Julia Alva- death tax, continuity of government, doing. Brownell is not just good at rez, Kelsey Grammer, Wyclef Jean, comprehensive energy policy, and pitching, she is also great at the plate, Celia Cruz, Mervyn Dymally, Raul many others that I would like to list, and her batting average is .714. Julia, Jesus Colon, Gloria Estafan, but the time is too short. When I first read her story, I was ex- Shirley Chisholm, Alex Rodriguez, and All of these bills were overwhelm- cited and inspired by this young girl’s John Point du Sable. These are just a ingly bipartisan and overwhelming

VerDate jul 14 2003 00:16 May 27, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.002 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4077 common-sense, good government legis- ing’s WXLV/WUPN station covering THE HISTORY OF MEMORIAL DAY lation. Constituents will appreciate the the Winston-Salem/Greensboro/High (Mr. SHIMKUS asked and was given fact that Republicans are listening to Point metropolitan area. permission to address the House for 1 their concerns and taking positive, pro- Triad Today was created October 2003 minute and to revise and extend his re- ductive steps to reach solutions. by veteran television broadcaster, au- marks.) There is much work to do, and we are thor, and columnist Jim Longworth. It Mr. SHIMKUS. Mr. Speaker, as we methodically getting that work done. is the Piedmont Triad’s only local tele- prepare to celebrate Memorial Day, let It may not be flashy, but it is responsi- vision talk show. Its guests have in- me give a brief history lesson. We know bility in action, and Americans appre- cluded Senators and Congressmen, that Southern families decorated the ciate this. Republicans will continue to mayors and sports celebrities like graves of their fallen friends after the tackle the tough issues of the day rath- Richard Petty. But most of the time it Civil War on what was known as Deco- er than pass the buck on to future gen- serves the community by dissemi- ration Day. erations. Americans may not read nating information about the issues However, it was a former Member of about it in their newspapers or hear that matter the most to the commu- Congress, a Democrat-turned-Repub- about it on the nightly news; however, nity, like health care, public safety, lican, an individual who got elected to solutions are happening here and now. and government. the Senate, General John A. Logan, Mr. Speaker, success is defined in But it was another kind of public who gets credit for memorializing Me- terms of solutions, not in terms of service for which Triad Today was re- morial Day as he established the Grand rhetoric, and solutions are what Re- cently recognized. During the 2004 elec- Army of the Republic and issued Gen- publicans are bringing to the American tion cycle, Jim Longworth distributed eral Order 31 which formerly estab- people. free blocks of air time on his show to lished Memorial Day. f scores of congressional and guber- General Logan was from Illinois in natorial candidates. His action helped b 1015 the deep southern part of the State. He raise citizen awareness of candidates was a congressman, a U.S. Senator and IN HONOR OF TODD VENETTE and issues and encouraged more people a vice presidential candidate. He is me- to participate in the political process. (Mr. BOOZMAN asked and was given morialized with a statue here in Wash- For this, Mr. Longworth and Triad permission to address the House for 1 ington, DC and a statue in Raleigh, Today were awarded the Spectrum of minute and to revise and extend his re- North Carolina, where he kept Union Democracy Award. marks.) soldiers from burning down the city. Mr. Speaker, the press has a respon- Mr. BOOZMAN. Mr. Speaker, I rise He also has a community college sibility to fulfill its role as the fourth today to mourn the loss of a great named after him in the southern part estate, that is, to serve as a guardian American, Todd Venette, whose life of the State of Illinois. of democracy and defender of the pub- was cut short by a terrorist attack in As we remember the men and women lic interest. I am pleased to congratu- Iraq. who have fallen in combat, let us also late Triad Today for its outstanding Todd, a former Marine, was helping remember our soldiers from all wars commitment to keeping the commu- Iraq’s young democracy as a govern- and the folks that made it possible for nity informed. ment contractor when he was killed by us to have and celebrate Memorial a terrorist car bomb in Baghdad. As his Day, and one of those individuals is f friends and family would tell you, Todd General John A. Logan. was a selfless person who volunteered f to reenlist shortly after the war in Iraq REPUBLICANS RETURN CONTROL started. When he completed his tour, TO THE AMERICAN PEOPLE HONORING OUR VETERANS his dedication to the mission led him (Mr. WILSON of South Carolina (Mrs. MILLER of Michigan asked and to return to Iraq as a government con- asked and was given permission to ad- was given permission to address the tractor. dress the House for 1 minute and to re- House for 1 minute and to revise and A giving person, a mentor, and a vise and extend his remarks.) extend her remarks.) servant are among the words that have Mr. WILSON of South Carolina. Mr. Mrs. MILLER of Michigan. Mr. been used to describe Todd. As a fire- Speaker, Ronald Reagan once said that Speaker, shortly after the conclusion fighter in Russellville, Arkansas. Todd the government’s view of the economy of the Civil War, a group of veterans helped protect the community. His could be summed up in a few short began a tradition known as Decoration service to the people of Russellville did phrases: if it moves, tax it. If it keeps Day. The day was set aside to decorate not end there. Todd was instrumental moving, regulate it; and if it stops the graves of the men who had perished in establishing a wrestling program for moving, subsidize it. during battle, and it was believed Deco- kids at the local Boys and Girls Club, I believe the American people, not ration Day was always during the putting his talents to work as a mentor the government, have a better view of month of May because flowers needed to shape the lives of young people of our economy. By working to remove for the occasion were finally blooming. Russellville in a positive way. the economic barriers of taxation, liti- Two centuries later, Decoration Day is Mr. Speaker, Todd touched many gation and regulation, House Repub- now Memorial Day, but two core tradi- people in his short life. I ask my col- licans are returning control of the tions remain: we honor those who died leagues to keep Todd’s family and economy to the American people. The protecting our Nation, and we still do friends in their thoughts and prayers 109th Congress has passed legislation so in May when the flowers are bloom- during these very difficult times. this year which will permanently re- ing. f peal the death tax, decrease the deficit, Today, as our Nation spends it third strengthen American borders, prevent consecutive Memorial Day at war, we RECOGNIZING JIM LONGWORTH frivolous lawsuits, improve our high- remember the men and women who (Ms. FOXX asked and was given per- ways, and provide our country with a made the ultimate sacrifice defending mission to address the House for 1 comprehensive energy policy. the precious gift of liberty. We honor minute and to revise and extend her re- In my home State of South Carolina, the people who have left behind hus- marks.) the unemployment rate continues to band, wives, children and parents, as Ms. FOXX. Mr. Speaker, I rise today decrease and over 1,300 new jobs have well as the riches and celebrations of to recognize and congratulate Triad been created since March. This great life, to fight for the freedoms of all Today for being awarded the Spectrum news is positive proof that the Repub- Americans; and we should remain al- of Democracy Award for Responsible lican leaders are creating more jobs, ways remindful of that symbolic tradi- Election Coverage by the North Caro- growing the economy, and returning tion of Decoration Day, that flowers lina Center For Voter Education. The control to the American people. will bloom, a beautiful America will program is aired in the Fifth Congres- In conclusion, God bless our troops bloom from the sacrifices made by our sional District on Sinclair Broadcast- and we will never forget September 11. fallen veterans.

VerDate jul 14 2003 04:44 May 27, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.004 H26PT1 H4078 CONGRESSIONAL RECORD — HOUSE May 26, 2005 Mr. Speaker, we give thanks for the tive provisions in an appropriations funding available for mental health re- service of our veterans; and to those bill. search. who served and paid the ultimate price, It authorizes the Chair to accord pri- For the Department of Defense, the we give our deepest thanks. ority and recognition to Members who bill provides a total of $53.5 billion, and f have preprinted their amendments in within this total is funding for mili- the CONGRESSIONAL RECORD, and it pro- tary construction, for family housing PROVIDING FOR CONSIDERATION vides one motion to recommit with or construction and maintenance, basic OF H.R. 2528, MILITARY QUALITY without instructions. Under the rules allowance for housing payments, facili- OF LIFE AND VETERANS AF- of the House, the bill shall be read for ties maintenance, modernization, and FAIRS APPROPRIATIONS ACT, amendment by paragraph. environmental restoration. 2006 Mr. Speaker, today I am proud to Also included in this bill is $20 billion Mr. GINGREY. Mr. Speaker, by di- present for consideration the rule for for the Defense health program. This is rection of the Committee on Rules, I the very first Military Quality of Life an increase of $1.8 billion above the fis- call up House Resolution 298 and ask and Veterans Affairs Appropriation cal year 2005 enacted level, and it is for its immediate consideration. bill. This important subcommittee was $192.3 million above the 2006 Presi- The Clerk read the resolution, as fol- formed to take an all-inclusive look at dential budget request. lows: the programs related to the quality of This amount will sufficiently allow H. RES. 298 life for the brave servicemen and for ongoing preparation of our brave Resolved, That at any time after the adop- -women who currently serve America soldiers, sailors, airmen and Marines tion of this resolution the Speaker may, pur- in the Armed Forces, their families and while caring also for their families at suant to clause 2(b) of rule XVIII, declare the those men and women who sacrificed so home. House resolved into the Committee of the much for our freedom in the past. Whole House on the state of the Union for b 1030 I also believe the bill before us consideration of the bill (H.R. 2528) making Finally, the subcommittee has al- appropriations for military quality of life achieves this important goal in a fis- functions of the Department of Defense, cally responsible manner. The new sub- lowed for greatly enhanced interaction military construction, the Department of committee held 14 hearings this year between the Department of Defense Veterans Affairs, and related agencies for covering a wide range of issues per- and the VA to explore joint ventures the fiscal year ending September 30, 2006, and taining to their new jurisdiction, and I that can enhance a continuity of serv- for other purposes. The first reading of the believe their product is a strong one. ices provided between the two depart- bill shall be dispensed with. All points of The underlying bill totals $121.8 bil- ments. order against consideration of the bill are lion of which $85.2 billion is discre- Mr. Speaker, in a tough budget year waived. General debate shall be confined to such as this, we have a responsibility the bill and shall not exceed one hour equal- tionary and $36.6 billion is mandatory. ly divided and controlled by the chairman The discretionary funding level rep- to make sure that scarce resources are and ranking minority member of the Com- resents a $1 billion increase above the allocated in the most effective and effi- mittee on Appropriations. After general de- President’s request and $5.9 billion cient manner possible. This bill bate the bill shall be considered for amend- above last year’s enacted level. The bill achieves that goal. ment under the five-minute rule. Points of funds the Department of Veterans Af- Mr. Speaker, I would be remiss if I order against provisions in the bill for fail- fairs at $68.1 billion, $2.3 billion above did not acknowledge Subcommittee ure to comply with clause 2 of rule XXI are the fiscal year 2005 enacted level, and Chairman WALSH, Ranking Sub- waived. During consideration of the bill for committee Member EDWARDS and, of amendment, the Chairman of the Committee $635 million above the 2006 budget re- of the Whole may accord priority in recogni- quest. course, Chairman LEWIS for their vi- tion on the basis of whether the Member of- Particularly important is the $21 bil- sion and hard work on this bill. I look fering an amendment has caused it to be lion for veterans medical services, $1.6 forward to this debate, and I encourage printed in the portion of the Congressional billion above the 2005 enacted level and my colleagues to support the rule and Record designated for that purpose in clause a billion dollars more than the budget the underlying bill. 8 of rule XVIII. Amendments so printed shall request. This is an 8.5 percent increase Mr. Speaker, I reserve the balance of be considered as read. When the committee over last year’s level, and an 18.2 per- my time. rises and reports the bill back to the House cent increase in medical services from Mr. MCGOVERN. Mr. Speaker, I with a recommendation that the bill do pass, thank the gentleman from Georgia for the previous question shall be considered as fiscal year 2004. ordered on the bill and amendments thereto Perhaps most importantly, and what yielding me the customary 30 minutes, to final passage without intervening motion I heard the most about from the vet- and I yield myself 5 minutes. except one motion to recommit with or with- erans back home in northwest Georgia, Mr. Speaker, this is the first year out instructions. is that this bill does not contain any that the House will consider a military The SPEAKER pro tempore (Mr. new fees for veterans medical services quality of life-VA appropriations bill. LATHAM). The gentleman from Georgia or prescription drugs. The bill restores As a result of the subcommittee re- (Mr. GINGREY) is recognized for 1 hour. funding for long-term care to the level alignment adopted earlier this year by Mr. GINGREY. Mr. Speaker, for the it was in the fiscal year 2005 appropria- the Appropriations Committee, mili- purpose of debate only, I yield the cus- tion legislation, and the bill directs the tary construction, Defense Department tomary 30 minutes to the gentleman Secretary to work with the National health programs and all veterans’ pro- from Massachusetts (Mr. MCGOVERN), Association of State Veterans Homes grams are now contained in this one pending which I yield myself such time to generate an agreeable policy to appropriations bill. as I may consume. During consider- make the program function more effec- I want to commend Chairman WALSH ation of this resolution, all time yield- tively for the veterans and for the tax- and Ranking Member EDWARDS for the ed is for the purpose of debate only. payer. bill that they have crafted. Both gen- Mr. Speaker, H. Res. 298 is an open Mr. Speaker, there are two State vet- tlemen are well known for their skill rule providing for consideration of H.R. erans homes in Georgia that are hugely at reaching out and working in a bipar- 2528, the Military Quality of Life and important to many aging citizens and tisan manner and this bill reflects that Veterans Affairs Appropriations Act of their families, and I am personally collaboration as well as their deep 2006. The rule allows for 1 hour of gen- grateful for this measure. commitment to our uniformed men and eral debate, equally divided and con- Additionally, the bill includes lan- women and their families, both those trolled by the chairman and ranking guage directing the Department to in current service and those who have minority member of the Committee on spend more than $2.2 billion on spe- honored our Nation with past service. Appropriations. It waives all points of cialty mental health care in fiscal year Regrettably, while H.R. 2528 is a sig- order against consideration of the bill. 2006, an important issue that many nificant improvement over the Presi- It waives points of order against provi- Members of Congress brought to the at- dent’s shameful budget for veterans’ sions in the bill for failure to comply tention of the chairman. The sub- health care, even this bill will not get with clause 2 of rule XXI, prohibiting committee also included report lan- the job done for the men and women unauthorized appropriations or legisla- guage directing the VA to double the who are depending on the Department

VerDate jul 14 2003 00:16 May 27, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.006 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4079 of Veterans Affairs to meet their Mr. Speaker, it was even suggested in Mr. Speaker, I reserve the balance of health care needs. I appreciate that the Rules Committee last night that my time. this bill is $1 billion more than the millionaires need this tax cut more Mr. MCGOVERN. Mr. Speaker, I yield President suggested for veterans’ med- than our veterans returning from Iraq myself such time as I may consume. ical services, but a significant portion and Afghanistan need the services pro- Let me just respond to the gen- of that increase is offset by cutting the vided by the veterans’ health system. I tleman. He talks about how the Repub- very personnel and equipment nec- could not disagree more. If this rule lican majority has increased the essary for the VA to carry out its mis- passes, the Members of this House will amount of money that we are spending sion and provide timely, and quality, be denied their right to debate and vote on veterans’ issues. But the bottom service to our veterans. Further, the on whether or not it is a priority for line is, we are at war and there are increases in this bill are simply not them to adequately fund the VA and more and more veterans coming back. enough to keep up with inflation and health care for America’s veterans. And so you can spin this all you want, the rapidly growing number of veterans At the end of this debate today, Mr. but what you are providing in this bill needing services from the VA. Speaker, I will call for a vote on the is not nearly enough to take care of Mr. Speaker, more than 20 percent of previous question. If the previous ques- the needs of our veterans. That is a soldiers who have left active duty after tion is defeated, I will amend the rule fact. service in Iraq or Afghanistan have so that we can consider and vote on the It is not just me saying it. The Amer- sought health care services from the Obey amendment to increase funding ican Legion sent a letter to the Con- VA, and with no end of combat in for veterans’ health services. gress saying the same thing, that VA sight, I am sure that that number will Last night, Mr. Speaker, the Repub- medical care is approximately $2.5 bil- continue to rise. Recent studies show lican majority on this floor voted to lion short for fiscal year 2006. They that the mental and psychological im- deny adequate health care to our Na- write, As Operations Enduring Free- pact of war is taking its toll on our tional Guard and Reserves. It was dom and Iraqi Freedom veterans con- newest generation of veterans. shameful what happened on the floor tinue to seek timely access to the VA Through February 11, 2005, according to last night. Today, they have a chance health care delivery system, older vet- a study performed by the VA, over to redeem themselves by voting ‘‘no’’ erans should not be kicked to the curb 17,000 veterans of the Iraq and Afghani- on the previous question and allowing to make room for the newest genera- stan wars have been diagnosed with the Obey amendment to be voted on on tion of wartime veterans. mental disorders. The New England this floor today. The coalition of Amvets, Paralyzed Journal of Medicine reported last July Mr. Speaker, I reserve the balance of Veterans of America, Disabled Amer- that nearly one in five soldiers is leav- my time. ican Veterans and Veterans of Foreign Mr. GINGREY. Mr. Speaker, I yield ing the war with post-traumatic stress Wars have endorsed the Obey amend- myself such time as I may consume. ment because, they wrote, the Obey disorder and other mental health prob- In regard to the gentleman’s com- amendment would provide the funding lems. ments about mental health care for our How can we ensure the successful needed to meet fixed costs and to care veterans, for the first time ever, the treatment and rehabilitation of these for returning veterans as well as pro- President proposed and Congress pro- veterans when we know that the sys- vide the resources the VA needs to vided a dedicated pool of resources, ac- tem in place is already insufficient to meet shortfalls that are affecting vet- tually $2.2 billion, to provide specialty meet current needs? erans today. Mr. Speaker, this bill does not meet mental health care to veterans, par- We are asking you to support this the needs of our veterans, old or new, ticularly those who are returning from amendment and to provide the dollars because it simply does not provide the the combat area, as so many are now. needed to care for servicemembers re- In order to better serve combat vet- resources for the transition from sol- turning from Iraq and Afghanistan, as erans, the Department of Veterans Af- dier to veteran. It does not provide the well as all veterans who rely upon the fairs is directed to do a comprehensive resources needed to update and mod- VA to provide their health care. study on post-traumatic stress dis- ernize crumbling facilities. It does not Almost every veterans organization order, focusing on improving mental provide the funds to adequately staff in this country is saying that what we health, mental health research, mental and equip veterans’ health care prob- are doing here today is not enough. health care and access to information. lems. You can spin it all you want, but You can say that you have increased it In addition, in encouraging better co- those are the facts. a little bit, but the bottom line is that operation and care of veterans and ac- This is an important question of pri- we are at war. We are in Afghanistan tive military personnel, VA and the orities, Mr. Speaker, and the Members and we are in Iraq, and more and more Department of Defense are directed to of this House should have a chance to veterans are coming back, and we do develop a plan to improve seamless debate and vote on these priorities. not have the resources in this bill to transition on internal and external ob- Last night in the Rules Committee, adequately take care of their needs. the gentleman from Wisconsin (Mr. stacles to transition and recommenda- Let us be clear. Let us not try to spin tions that would continue to enhance OBEY) presented a very simple amend- to the American people that somehow ment to provide an additional $2.6 bil- the continuity of care. we are doing our job here. The Repub- Mr. Speaker, in regard to total lion for veterans’ health care. To pay lican leadership has made a choice. spending on VA medical care, let us for this increase, the amendment pro- They would rather spend the money to just go back to 1999 and come forward posed reducing the tax cut for people provide more tax cuts for millionaires to 2005 over the last 6 years. In 1999, VA making over $1 million this year in and billionaires than adequately fund medical care appropriations were $17.8 taxable income from $140,000 to the VA budget. I think at a time of war billion. In fiscal year 2005, that number $129,000. that that is just absolutely wrong. was $29.9 billion. The increases over But the Republicans on the Rules Mr. Speaker, I am happy to yield 3 Committee said ‘‘no,’’ Mr. Speaker. those 6 years: 1999 to 2000, 9.2 percent; minutes to my colleague on the com- They voted not to allow the amend- 2000 to 2001, 11.3 percent; mittee, the gentlewoman from Cali- ment to be debated on the floor today. 2001 to 2002, a lean year, as we all fornia (Ms. MATSUI). They voted to deny every Member of know, because of the economy and 9/11; (Ms. MATSUI asked and was given this House from expressing what their nevertheless, a 4.6 percent increase; permission to revise and extend her re- priorities would be if given a chance to 2002 to 2003, 11.9, an almost 12 percent marks.) vote on the matter: a slightly smaller increase; Ms. MATSUI. Mr. Speaker, it is ap- tax cut for millionaires? Or $2.6 billion 2003 to 2004, another 11.4 percent in- propriate that the last bill we take up for our veterans? That is the choice. A crease; before recessing for the Memorial Day smaller tax cut for millionaires, or to 2004 to 2005, a 6.2 percent increase. District Work Period is the military make sure our veterans get the health The commitment is there. Absolutely quality of life appropriations bill, the care that they need and that they de- the numbers show it. I do not see how bill which includes funding for Vet- serve and have earned. anybody could refute that. erans Affairs. Today, when we pass this

VerDate jul 14 2003 00:16 May 27, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.008 H26PT1 H4080 CONGRESSIONAL RECORD — HOUSE May 26, 2005 bill and fund veterans’ programs, we were in Category, priority level, 7 and this side do, especially when we are re- are reaffirming the promise we made to 8. But because of increased funding and lying on them more and more to be the each veteran when they agreed to serve policy change, that number was re- soldiers on the frontline in Iraq and Af- and protect our Nation. Part of that duced to 36,000. ghanistan. promise, one of the most important We do not want to have, Mr. Speaker, And I also want to point out that promises, is to provide them with supe- any of our veterans having to wait 6 currently about 50,000 of our veterans rior medical care. months or more. But to cut that down are waiting in line for at least 6 While I do commend the committee from hundreds of thousands to 36,000, I months for veterans health care, and for increasing funding for veterans’ think, is significant progress. that problem will only gets worse with health care over the President’s re- Mr. Speaker, I yield 3 minutes to the the growing number of returning sol- quest, as the gentleman from Massa- gentleman from California (Mr. diers from Operation Iraqi Freedom chusetts mentioned, even leading vet- CUNNINGHAM), a member of the sub- and Enduring Freedom. And as of May, erans’ groups state it does not increase committee. 2005, the Department of Veterans Af- funding enough. The funding does not b 1045 fairs had treated more than 85,000 of keep pace with the rising population of the 360,675 veterans from these deploy- veterans or the rising cost of health Mr. CUNNINGHAM. Mr. Speaker, the ments. In 2006 the Department expects care. thing, I guess, that irks me the most, to treat 5.2 million veterans, double Yesterday, as the gentleman from some of the Members on the other side the number in 1995. And overall, the Massachusetts also mentioned, the come from the liberal left. They do not medical care inflation rate for 2004 was Rules Committee had the opportunity support the military. They vote close to double the inflation rate. to make in order an amendment by the against defense bills. They vote against So, Mr. Speaker, again, the point gentleman from Wisconsin (Mr. OBEY) defense supplementals, which protect here is if we are going to send our that would have increased funding for our men and women and gives them the young men and women overseas to veterans’ health care to the necessary equipment and things they need to sur- fight wars, then I think we have an ob- levels. The Republican majority chose vive to do their job and come back ligation, a moral obligation, to make not to. This is truly, truly unfortunate. alive. Many of these same Members sure they have the health care and the Most Members, myself included, have give a cry for the veterans that we support when they return home that already heard from veterans in their want to increase above budget, we they not only deserve but they have district that they have to wait far too want to increase that, because they earned. long for medical care. In some in- know they vote. We want them to come Mr. Speaker, I yield 6 minutes to the stances, veterans face wait times of up back alive. gentleman from Wisconsin (Mr. OBEY), to 6 months. Yet the bill before us does When the Democrats had control of ranking member on the Committee on not provide the funding necessary to this House, they cut the military Appropriations. provide prompt access to health serv- COLAs. They cut veterans’ COLAs. Mr. OBEY. Mr. Speaker, appropria- ices. And with our ongoing operations They increased Social Security tax. tion bills represent the legislation in Iraq and Afghanistan, the number of They increased the tax on the veterans where we have a chance to put our veterans needing medical service will and the military. And cut their health money where our rhetoric is. On Vet- only continue to rise. care, VFW and American Legion chas- erans’ Day, I would venture to say that I am truly thankful that those men tised the Democrats because they not virtually every Member of this House and women honorably serving our Na- only just level funded it or reduced it, has gone home and spoken about how tion in the world’s hot spots are likely they gutted it. And I still have the ar- much we care for veterans, and I am to return home to their family and ticles in my office about how the sure on Memorial Day that many Mem- friends. With protective armor and the Democrats did not come up to speed on bers will be going home and they will improving quality of medical treat- the health care for the veterans. put their hands over their hearts and ment in the field, more of our service- Since we took the majority over the say how much they respect veterans. members are surviving combat wounds last few years, we have increased When wars start, we are very good at and returning, though with an in- health care over 60 percent. Subvention having the bands play. We are very creased need for medical service. Many was my bill for the military, TRICARE good at having the crowds cheer. But of these men and women are amputees for everybody. all too often, when those veterans who will need months of rehabilitation Another thing last night where they come home, they do not get the same to learn to walk and use prosthetic said, well, the Republicans did not vote treatment. They certainly did not dur- limbs. Because of these injuries, the to take care of our National Guard, ing Vietnam. And I think the test of men and women of our Armed Forces they sign a contract, Mr. Speaker. our concern for veterans is not the will need continuous care for the rest When one goes into the National Guard kind of speeches we give as we send of their lives. or Reserve, they are a citizen soldier. them off to war. It is the kind of treat- At a time when American men and They sign up and they are working in a ment we give them when they get women are serving our Nation in hos- business and they get your health care home. tile environments, we must dem- through the business or they sign up Now, we can brag all we want about onstrate our intent to fulfill our prom- with private insurance. the fact that this bill is a billion dol- ise and fund veterans’ medical services My colleagues on the other side want lars above the President’s for veterans at the highest possible level. We must socialized medicine. They want single- health care. Fine. I am glad it is. But provide them with the most efficient payer, government controlled system. the fact is that still does not keep up and highest quality medical care this If the government gets involved in with the cost of inflation. The fact is country can offer. that, all of a sudden we are up around there are still waiting lists and waiting I hope that on the floor today, we can $5-plus billion, and the private sector lines. The fact is that VA facilities are make in order the gentleman from Wis- will not provide for it. And they tried still badly in need of repair. The fact is consin’s amendment increasing our to use it as a political pawn. It sickens we still do not do enough prosthesis re- commitment to veterans. me. I am military retired, and I have search. Mr. GINGREY. Mr. Speaker, I yield health care, and so do our veterans in Next year, the VA expects to handle myself such time as I may consume. an increasing manner. twice as many veterans as they did in In regard to the comment about the Mr. MCGOVERN. Mr. Speaker, I yield 1995, and medical care inflation is waiting time for our veterans to re- myself such time as I may consume. twice the rate of inflation in the reg- ceive care, we had several years ago, Let me say just to the gentleman ular economy. and I want to respond, of course, to the from California who referred to the The reason this bill is so squeezed is gentlewoman from California about her vote we had yesterday to provide more because the budget resolution, which concerns, but there was a waiting time health care benefits to our Guard and this House passed about a month ago, of greater than 6 months for up to Reserves, he may not think that an im- has imposed tight limits on this 350,000 veterans. I think most of those portant thing to do, but those of us on Congress’s ability to fund veterans

VerDate jul 14 2003 00:16 May 27, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.010 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4081 health care and a number of other Mr. GINGREY. Mr. Speaker, I yield of an appropriations bill. It has been areas because the number one priority 30 seconds to the gentleman from Cali- done multiple times by this leadership in that budget bill was tax cuts and we fornia (Mr. CUNNINGHAM). in this House. wound up guaranteeing to everybody Mr. CUNNINGHAM. Mr. Speaker, I The point has been made that VA who makes $1 million a year or more have a question for the gentleman from health care has been increased by, I be- that they will take home a tax cut of Massachusetts: Has he ever been in the lieve, 40 percent over the last 5 years. $140,000 on average this year. Guard? And that is correct, and I think that The amendment that I wanted the Mr. MCGOVERN. Mr. Speaker, will has been a bipartisan effort. In fact, it Committee on Rules to make in order the gentleman yield? has taken Congress a lot of increases was very simple. We simply wanted Mr. CUNNINGHAM. I yield to the over the President’s requests over the this House to reconsider that tax pack- gentleman from Massachusetts. last 5 years in order to get to that 40 age and to shave that $140,000 average Mr. MCGOVERN. No, Mr. Speaker. percent increase. But what that fact tax cut down to 129,000 bucks. I think But I am in awe of those who serve this does not paint a true picture of is that every American would be very happy to country. during that time period there has been settle for a $129,000 tax cut this year. If Mr. CUNNINGHAM. Mr. Speaker, has an increase in the number of veterans we simply shaved it down to 129,000 he ever been in the Reserves? needing VA health care of 31 percent. bucks for people making over 1 million Mr. MCGOVERN. No, I have not. So that means over the last 5 years, bucks a year, we would be able to put Mr. CUNNINGHAM. Has he ever been including during a time of war, we have $2.6 billion more into veterans health in active duty military? only had a 9 percent increase in VA care. Mr. MCGOVERN. No, Mr. Speaker. health care spending to cover all of the In the past, this country has always But I support these men and women inflationary cost for that health care. thrived because it believed in the sense who are serving our country, and they And we all know health care budgets, of shared sacrifice. How is the sacrifice deserve health care, which it is a dis- whether they are within the VA or the being shared today? We are asking grace what the Republican majority private system, are going up at 5, 6, 7, those who wear the uniform of the did. 8 percent a year. United States, whether they be regular Mr. CUNNINGHAM. Mr. Speaker, re- Let us look at the inflationary costs forces or Guard or Reserves, we are claiming my time, I have. And I in the VA health care that, frankly, asking them to bear the full burden of thought not. our effort in Iraq and Afghanistan. And make the Obey amendment very crit- Mr. MCGOVERN. Mr. Speaker, it was ical in trying to improve health care what burden are we asking the folks to shameful what happened on the House bear here at home? We are saying, ‘‘Oh, for our veterans. First is just a man- floor, and they have an opportunity to dated 2.3 percent salary increase, which they have got to sacrifice by taking a redeem themselves today. tax cut.’’ What we are asking is that is the minimum increase we probably Mr. CUNNINGHAM. I thought not, will pass this year, will take $247 mil- we adjust that sense of shared sacrifice Mr. Speaker. so that we shave the benefits for people lion out of the VA health care budget. Mr. MCGOVERN. Mr. Speaker, I yield who are already the most blessed in For prescription drugs, last year alone myself such time as I may consume. prescription drugs in the VA went up this society, we shave their tax bene- I should say to the gentleman I re- fits by just a little bit in order to make $548 million. So that is nearly $800 mil- spect his service as well. I just wish he lion we are talking about in infla- just a little bit more room for veterans would join with us in providing the health care. And I make no a apology tionary costs. adequate allocation for our veterans. The fact is that this year, according for trying to do that. Mr. Speaker, I yield 5 minutes to the I believe that we need to remember to the Bush administration, we will ex- gentleman from Texas (Mr. EDWARDS). Abraham Lincoln’s admonition in the pect a net increase of 300,000 veterans Mr. EDWARDS. Mr. Speaker, just to second inaugural address: ‘‘To care for needing VA health care services. Many follow up on the last comment of my him who shall have borne the battle, of those, tens of thousands of those, colleague who has served our Nation so and for his widow and his orphan.’’ would be veterans of the Iraqi and Af- well in service in the military, let me This Congress has taken some initia- ghanistan war. Using the administra- just point out that Vice President CHE- tives to do that this year. But it is not tion’s own numbers, a little over $6,400 NEY did not serve our country in the enough. I plead fully guilty to wanting per veteran per year for VA health care to have health care for every single military. And I do not think any one of times 300,000 veterans, that alone American. I think it is a mortal sin us in this room would have the right, would require a $1.94 billion increase in that there are 45 million Americans based on that, to question his alle- VA health care funding for fiscal year who do not have health care coverage, giance to our country or his commit- 2006 just to meet inflationary costs and but at the very least, we ought to see ment to our servicemen and -women. the increase in the number of veterans to it that every person who wears the I do not want to get into a partisan needing that care. debate between Republicans and Demo- uniform of the United States has what- b 1100 ever health care they need whenever crats over military service. What I do they need it. want to do is raise one simple question: The fact is, and I think we all know We do not worry about how much a Should this House not have the right to this, we can talk statistics and per- war is going to cost when we start one vote on the Obey amendment, which centages, that VA hospitals today all or when we get into one. We pay the would provide a $2.6 billion increase for over the country are using capital cost. We should also not worry about veterans health care, education, and equipment and other equipment budg- how much it is going to cost to provide other programs? Should we not have ets just to keep the lights on and to adequate health care for people who the right during a time of war to vote pay salaries. We all know, as Members fight that war. Whatever they need is on that? of Congress who visit our VA hospitals what we ought to provide, and there is Now, the gentleman from Georgia back home, they are underfunded and not a Member in this House who can said in his comments that this rule are having to cut corners, which should demonstrate that this bill is fully ade- waives points of order against the bill. not have to be cut, especially during a quate. Is it better than the President’s My follow-up question is if the House time of war. budget? Of course. Anything would be. Committee on Rules waives points of Through all this debate we might for- But it is not enough, and we have tried order against the bill to pass the bill, get what the Obey amendment does. It to show a way for us to provide more would it not be fair to say why do we prevents a $500 million cut in medical funding for veterans without doing se- not waive one point of order against an administration for VA care. It prevents rious damage to anybody else’s inter- amendment in order to help veterans a $417 million cut in dollars needed to ests in this country. receive better health care? This would keep the lights on and run our VA hos- And I would hope we would turn not be the first time, if my Republican pitals. It prevents a cut in VA health down the previous question so that we colleagues will check the record, that care research dollars. That is what this have a chance to offer that amend- they would have waived a point of amendment is all about, not a partisan ment. order to allow a tax measure to be part debate.

VerDate jul 14 2003 00:16 May 27, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.013 H26PT1 H4082 CONGRESSIONAL RECORD — HOUSE May 26, 2005 Let us vote against this rule, vote fifth round of base closures, the fifth What we are hoping to do today is to against the previous question, and round of base closures, threatening give Al Scott justice. We are hoping allow the veterans of America during a upset for communities across the coun- that they recognize his valiant efforts time of war to have the right for Con- try and job loss, and we have not yet at service, and that the final measure gress to vote on increasing our com- cleaned up bases that were closed in of devotion to this Nation is, he did mitment to quality care for our vet- the 1988 round. what he was told. Now they will not erans. I will be offering amendments to tell him what he was guarding. Mr. GINGREY. Mr. Speaker, I reserve remedy this situation and deal with Subsequent facts have indicated the balance of my time. the unexploded ordnance and the mili- there may have been nuclear or other Mr. MCGOVERN. Mr. Speaker, I yield tary toxins. I would suggest that this is kinds of biological-type weaponry 4 minutes to the gentleman from Or- an opportunity that will not only pro- stored at the site he was requested to egon (Mr. BLUMENAUER). tect the people in these communities guard. At the end of his tour of duty he Mr. BLUMENAUER. Mr. Speaker, I that lost military facilities and were was told to go home and remain silent appreciate the gentleman’s courtesy in not cleaned up, but it will accelerate about what he did at that time. He permitting me to speak on this rule. the development of technology that honored that contract with America. I, too, am pleased with the establish- will save lives for our military around Now I am hoping today, as I approach ment of the Subcommittee on Military the world. Because the sooner we can the Board of Veterans Appeal not as a Quality of Life and Veterans Affairs, figure out whether it is a hubcap or a lawyer, not as a Congressman, but as a and Related Agencies. This is an im- shell that is buried, it is not just going fellow American, that Almon Scott’s portant new development to be able to to make a difference in Massachusetts plea for justice will be heard, and that look holistically at the needs of our or in Georgia, where you have those hearing his appeal will look at military. unexploded ordnance, or in my State, his case specifically and recognize that I also appreciate the great leadership but it will make a difference in Iraq, the right thing to do for this veteran, that this subcommittee has with the Afghanistan and for innocent people this proud American, this Marine, is to gentleman from New York (Chairman that are dying in former battlefields stand by that same commitment he Walsh) and the ranking member, the every day around the world. gave this Nation, that same devotion gentleman from Texas (Mr. EDWARDS). Mr. GINGREY. Mr. Speaker, I yield 3 and that same dedication. These are people who have proven their minutes to the gentleman from Florida Mr. MCGOVERN. Mr. Speaker, I yield commitments to our veterans and who (Mr. FOLEY), a Member of the Com- myself such time as I may consume. understand the intricacies of the ap- mittee on Ways and Means. Mr. Speaker, this bill is inadequate propriations process, are willing to get Mr. FOLEY. Mr. Speaker, I thank the to meet the health care needs of our into the details and work hard. I com- gentleman for yielding me time. veterans, plain and simple. Every vet- mend their leadership, and look for- Mr. Speaker, let me support strongly erans group in America has recognized ward to ultimately supporting this bill this bill which supports our veterans that fact. They have all written to all today. who have served this country so incred- of us. So we can spin this all we want, I certainly support the open rule that ibly well. We are a nation of freedom that somehow this is this incredible has been granted, as is customary for because of the hard work and sacrifice bill that is going to take care of all the an appropriations bill, particularly be- of veterans everywhere, and every day health care needs of our veterans, but cause it will allow for the first time in of my life I think of my father and oth- the bottom line is, it is better than at least 10 years, and perhaps longer, ers who have served this great country what the President requested, but it is for us to have a specific vote on the op- with distinction. not enough. And we have an oppor- portunity to have money dedicated to We are a free nation, and we are win- tunity to fix it. the cleanup of unexploded ordnance ning the battles because of the bravery To the gentleman from California and military pollution. of our active duty Reservists. But it is who earlier questioned my patriotism Mr. Speaker, this is one of the great the veteran who has brought honor to and pointed out I did not serve in the hidden issues surrounding military the flag behind the Speaker’s well, and military, let me say to him that I am quality of life. Unexploded ordnance it is the veteran who has made it pos- in awe of those men and women who and military toxins pollute an area we sible for us to be the free and proud Na- have served in our military. I am anticipate is larger than the States of tion we are. grateful for what they have done. Maryland and Massachusetts com- Today, at 12:45, I will go to the Board I have two children, and there is not bined. Let me repeat that. We face of Veterans Appeals on a case that is a day that I do not wake up and thank military pollution of over 200 years of vitally important to a person in my God they live in the freest country in military activity in this country that district, and that is Almon Scott. I the world. And it is precisely because is suspected to pollute an area larger have never personally gone to the of the veterans who have served our than the combined States of Maryland Board of Appeals level for any veteran country over the years that they have and Massachusetts. personally. My staff has worked tire- that privilege. And it is precisely be- This is an area that is taking billions lessly, Diana Robins in my district, cause of my gratitude to the men and of dollars, we do not know how much, fighting for veterans. But this is a women who serve in our military that frankly, and we are on a path, given unique case. I feel so passionately about making the current patterns of expenditure, Almon Scott served this Nation dur- sure that we do the right thing here that it will take not dozens of years, ing Vietnam. He was asked to guard a today and we adequately fund our vet- not decades, but it could take centuries base where we believe there were po- erans’ health care budget. to clean up. tential radioactive materials. Almon That is what this debate is all about, Now, military quality of life is Scott is dying now of cancer, a cancer and that is whether you are a Repub- threatened by exposure to unexploded largely linked with radioactive mate- lican or Democrat, liberal or conserv- ordnance and military toxins. My good rial. ative. I would like to think we could friend from Massachusetts knows well Almon Scott has been shunted aside, come together on this one issue and the problem with the Massachusetts if you will, by a system that suggests make sure that the veterans get what Military Reservation, where ground- somehow his ailments are not related they deserve and have earned. We are water contamination is threatening to his tour of duty. Unfortunately, he at war, and yet, as the gentleman from the water supply of Martha’s Vineyard, is not entitled to his records, they have Texas (Mr. EDWARDS) pointed out ear- and there were 8,000 shells that have been sealed, so Mr. Scott cannot even lier and as the gentleman from Wis- been discovered already, some within prove his case, which is why I have consin (Mr. OBEY) pointed out, we are half a mile of an elementary school. We taken this extraordinary opportunity not making any sacrifices. have the opportunity under this bill to to testify on his behalf. He is in Stuart, What the Obey amendment would do be able to dedicate funds to meaning- Florida, today and cannot travel be- is simply shave a little bit off of the fully accelerate the cleanup. cause of his illness. His illness is seri- tax cuts that millionaires are getting I am shocked as a Member of Con- ous, and it is possibly close, from what and put it towards the veterans budget gress that we are talking about the I understand, to the end of his life. to make sure we get what we need.

VerDate jul 14 2003 00:16 May 27, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.025 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4083 Mr. Speaker, I will be asking Mem- chance to redeem yourself. Today, you tion on H. Res. 298, the rule providing for the bers to vote ‘‘no’’ on the previous ques- have a chance to stand up and do the Military Quality of Life Appropriations Bill for tion. If the previous question is de- right thing. FY06. feated, I will amend the rule so we can Mr. Speaker, we need to support our Memorial Day will soon be here, and mem- consider the Obey amendment that was veterans. We need to make sure they bers of this body will head home to join Ameri- rejected in the Committee on Rules have what they need. We need to sup- cans all across the country in celebrating last night on a straight party line vote. port them not just with words, but those who serve, and have served, our Na- Mr. Speaker, the Obey amendment with action. tion. These brave men and women undeniably would add an additional $2.6 billion for Mr. Speaker, at this point, I ask deserve our praise and enduring gratitude for VA health care and pay for it by slight- unanimous consent to insert the text all they have done to defend our nation and ly reducing the size of the tax cut for of the amendment immediately prior secure our freedom. While grateful words and those persons who make more than $1 to the vote on the previous question. thoughtful recognition is right and necessary, it million a year. Instead of receiving a The SPEAKER pro tempore (Mr. is incumbent on us in this Congress to ensure tax cut of $140,000, they would get LATHAM). Is there objection to the re- that words are met with action. $129,000, a reduction of $11,000 for mil- quest of the gentleman from Massachu- Over 1 million of our active-duty and reserve lionaires. I will tell you that I cannot setts? soldiers have served to date in Iraq and Af- believe anybody in this country would There was no objection. ghanistan. These men and women—like their object to that. I think if you did a poll b 1115 predecessors before them—were promised a right now, overwhelmingly the Amer- life time of health care in return for their serv- ican people would say, that makes Mr. GINGREY. Mr. Speaker, I yield ice to our country. However, as these young sense in this time of war. I am sure myself the balance of my time. soldiers return home, they find that this prom- that the Donald Trumps and the Bill Mr. Speaker, I rise again in support ise has not been kept by this Congress or the Gates of this country could afford to of this rule and in recognition of its current Administration. reduce their tax cut by $11,000 so that importance to the men and women who Today, more than 50,000 veterans are wait- our troops can have the best health have and who continue to serve and ing in line for at least 6 months for veterans’ care possible when they return from protect America. health care—and that problem will only get Iraq and Afghanistan. Mr. Speaker, our service men and worse with the growing numbers of returning This amendment will correct one of women sacrifice so much for the safety soldiers from Operations Iraqi Freedom and most serious shortfalls in this bill, and security of this Nation, and we Enduring Freedom. As of May 2005, VA had quality health care for our Nation’s have the responsibility to ensure that treated only about 85,000 of the 360,675 vet- veterans. It is absolutely critical that they have everything that they need, erans from these deployments. In 2006, the this funding be increased to meet the not only to succeed in their duties, but Department expects to treat 5.2 million vet- growing needs of our country’s vet- also to enjoy the quality of life that erans—double the number in 1995. And the erans. they deserve. overall medical care inflation rate for 2003 was This Nation made a promise to those This bill represents the culmination close to double the inflation rate. serving in the military that they would of a lot of hard work and a lot of co- It is telling that major veteran service organi- receive quality health care in return operation to not only completely sup- zations call this bill ‘‘totally inadequate’’ and for their valiant service to this coun- port our service men and women but to tantamount to veterans being ‘‘kicked to the try, and now that wounded soldiers are also do so in the most helpful and fis- curb.’’ The current proposal before us is no returning to their homes, they deserve cally responsible way. With a total less than $2.6 billion below the amount need- the best medical treatment and care amount of $121.8 billion, this bill in- ed to maintain current V A services. available. cludes an overall increase of $5.8 billion The majority is nothing if not consistent, and We can fix this today. We can fix this in discretionary spending from last has once again blocked attempts to fully fund today if we allow the Obey amendment year. Specifically, the Department of the VA. The Obey amendment, blocked from to be considered on the floor. But the Veterans Affairs will receive $2.3 bil- even being considered on the floor today, only way that will happen is if we de- lion more than the previous year. The would have increased spending on veterans feat the previous question. VA medical care increase from 2005 to health services by a total of $2.6 billion over I want to assure my colleagues that a 2006, I gave the number earlier for the H.R. 2528 This amendment means real im- ‘‘no’’ vote will not prevent us from con- previous 5 years, another 8.5 percent provements to medical services to meet in- sidering the military quality of life-VA increase. They will receive, they the creased demand for mental health services, appropriations bill under an open rule, VA medical services, an increase of $1.6 prosthetics and amputee care, and for priority but a ‘‘no’’ vote will allow Members to billion. And again, I emphasize that 8 veterans. It adds $300 million to upgrade vote on the Obey amendment. However, there will be no new fees for either vet- and improve accessibility to VA medical facili- a ‘‘yes’’ vote will block consideration erans medical services or for prescrip- ties, restoring most of the $400 million cut in of this amendment to help our Nation’s tion drugs. the bill. And it does so by reducing the tax soldiers and our veterans. Today represent a victory for our cuts for millionaires by about 8 percent—so in- Mr. Speaker, as I said, I am in awe of service men and women in all stages of stead of a $140,000 tax cut, the millionaire our Nation’s veterans. A few hours service from recruitment to retire- filer would get $129,000 tax cut. When com- from now, Members of this body will ment. And I appreciate all of my col- pared to all our veterans have fought for and get on planes and go to their districts leagues who have spoken on behalf of sacrificed, this seems like the least that we and prepare to attend various Memo- the rule and in support of the under- can do. rial Day events throughout the coun- lying bill. When Americans serve their nation in the try, and I know all of us will pay trib- Mr. Speaker, I would again like to military, whether it is the Second World War or ute to our veterans. We will thank thank the subcommittee chairman, the the current war in Iraq, this government makes them, we will pay tribute by using the gentleman from New York (Mr. the promise of a lifetime of guaranteed most wonderful words that we can ex- WALSH); the ranking member, the gen- healthcare. It is outrageous that after all the lip press to be able to say ‘‘thank you’’ tleman from Texas (Mr. EDWARDS); and service and rhetoric paid to American vet- adequately. the chairman, the gentleman from erans, the Republican Majority then turns But, Mr. Speaker, words are not California (Mr. LEWIS), for leading the around and reduces funding for their enough. We have enough words in this way and ensuring the necessary funds healthcare. It is long past time that Congress House. They are not enough. Yester- to provide for the quality of life of our match rhetoric with real action to ensure vet- day, the Republican majority turned service men and women. erans receive the level of service they were their backs on so many veterans by de- I want to encourage my colleagues to promised. feating the motion by the gentleman support both this rule and the under- As my good friend Mr. TAYLOR of Mississippi from Mississippi (Mr. TAYLOR) to pro- lying bill for the sake of those who said last night on this floor, our soldiers, sail- vide more health care benefits to our spend their lives defending ours. ors, airmen and marines have been there for members of the Guard and Reserve. It Mr. LARSON of Connecticut. Mr. Speaker, I us. Now it is our turn to be there for them. I was shameful. But today you have a rise today in opposition to the previous ques- urge my colleagues to defeat the previous

VerDate jul 14 2003 03:54 May 27, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MY7.018 H26PT1 H4084 CONGRESSIONAL RECORD — HOUSE May 26, 2005 question and finally give our veterans the imum time for electronic voting, if or- Cleaver Kaptur Rahall dered, on the question of adoption of Clyburn Kennedy (RI) Rangel health care system they deserve. Conyers Kildee Reyes The material previously referred to the resolution. Cooper Kilpatrick (MI) Ross by Mr. MCGOVERN is as follows: The vote was taken by electronic de- Costa Kind Rothman PREVIOUS QUESTION STATEMENT ON H. RES. Costello Kucinich Roybal-Allard vice, and there were—yeas 223, nays Cramer Langevin 298—RULE FOR H.R. 2528 FY06 MILITARY Ruppersberger 194, not voting 16, as follows: Crowley Lantos Rush QUALITY OF LIFE—VA APPROPRIATIONS [Roll No. 223] Cuellar Larsen (WA) Ryan (OH) At the end of the resolution, add the fol- Cummings Larson (CT) Sabo lowing new sections: YEAS—223 Davis (AL) Lee Salazar Davis (CA) Levin SEC. 2. Notwithstanding any other provi- Aderholt Gibbons Northup Sa´ nchez, Linda Davis (FL) Lewis (GA) sion of this resolution, the amendment print- Akin Gilchrest Nunes T. Davis (IL) Lipinski ed in section 3 shall be in order without Alexander Gillmor Nussle Sanchez, Loretta Davis (TN) Lofgren, Zoe intervention of any point of order and before Bachus Gingrey Osborne Sanders DeFazio Lowey Baker Gohmert Otter Schakowsky any other amendment if offered by Rep- DeGette Lynch Barrett (SC) Goode Oxley Schiff resentative Obey of Wisconsin or a designee. Delahunt Maloney Bartlett (MD) Goodlatte Paul Schwartz (PA) The amendment is not subject to amendment DeLauro Markey Barton (TX) Granger Pearce Scott (GA) Dicks Marshall except for pro forma amendments or to a de- Bass Graves Pence Scott (VA) Dingell Matheson mand for a division of the question in the Beauprez Green (WI) Peterson (PA) Serrano Doggett Matsui committee of the whole or in the House. Biggert Gutknecht Petri Sherman Edwards McCarthy SEC. 3. The amendment referred to in sec- Bilirakis Hall Pickering Emanuel McCollum (MN) Skelton Bishop (UT) Harris Pitts tion 2 is as follows: Engel McDermott Slaughter Blackburn Hart Platts AMENDMENT TO MILITARY QUALITY OF LIFE, Eshoo McGovern Smith (WA) Blunt Hayes Poe Etheridge McIntyre Snyder VA, APPROPRIATIONS BILL OFFERED BY MR. Boehlert Hayworth Pombo Evans McNulty Solis OBEY OF WISCONSIN Boehner Hefley Porter Farr Meehan Spratt Page 31, line 1, relating to VA compensa- Bonilla Hensarling Price (GA) Fattah Meek (FL) Stark Bonner Herger Pryce (OH) tion and pensions, insert after the dollar Ford Meeks (NY) Strickland Bono Hobson Putnam amount the following: ‘‘(increased by Frank (MA) Melancon Stupak Boozman Hoekstra Radanovich $26,000,000)’’. Gonzalez Michaud Tanner Boustany Hostettler Ramstad Page 34, line 21, relating to VA medical Gordon Miller (NC) Tauscher Bradley (NH) Hulshof Regula Green, Al Miller, George Taylor (MS) services, insert after the dollar amount the Brady (TX) Hunter Rehberg Green, Gene Mollohan Thompson (CA) following: ‘‘(increased by $1,500,000,000)’’. Brown (SC) Inglis (SC) Reichert Grijalva Moore (KS) Thompson (MS) Page 36, line 9, relating to VA medical ad- Brown-Waite, Issa Renzi Gutierrez Moore (WI) Tierney ministration, insert after the dollar amount Ginny Istook Reynolds Harman Moran (VA) Towns the following: ‘‘(increased by $500,000,000)’’. Burgess Jenkins Rogers (AL) Hastings (FL) Nadler Udall (CO) Burton (IN) Jindal Rogers (KY) Page 37, line 1, relating to VA medical fa- Higgins Napolitano Udall (NM) Buyer Johnson (CT) Rogers (MI) cilities, insert after the dollar amount the Hinchey Neal (MA) Van Hollen Calvert Johnson (IL) Rohrabacher following: ‘‘(increased by $300,000,000)’’. Hinojosa Oberstar Vela´ zquez Camp Johnson, Sam Ros-Lehtinen Page 37, line 8, relating to VA medical and Holden Obey Visclosky Cannon Jones (NC) Royce Holt Olver Wasserman prosthetic research, insert after the dollar Cantor Keller Ryan (WI) Honda Ortiz Schultz amount the following: ‘‘(increased by Capito Kelly Ryun (KS) Hooley Owens Waters $67,000,000)’’. Carter Kennedy (MN) Saxton Hoyer Pallone Watson Page 37, line 20, relating to VA general op- Castle King (IA) Schwarz (MI) Inslee Pascrell Watt erating expense, insert after the dollar Chabot King (NY) Sensenbrenner Israel Pastor Waxman Chocola Kingston Sessions amount the following: ‘‘(increased by Jackson (IL) Payne Weiner Coble Kirk Shadegg $11,000,000)’’. Jackson-Lee Pelosi Wexler Cole (OK) Kline Shaw Page 39, line 16, relating to major con- (TX) Peterson (MN) Woolsey Conaway Knollenberg Shays Jefferson Pomeroy Wu struction projects, insert after the dollar Cox Kolbe Sherwood Kanjorski Price (NC) Wynn amount the following: ‘‘(increased by Crenshaw Kuhl (NY) Shimkus $150,000,000)’’. Cubin LaHood Shuster NOT VOTING—16 Page 41, line 11, relating to minor con- Culberson Latham Simmons struction projects, insert after the dollar Cunningham LaTourette Simpson Doyle Hyde Millender- amount the following: ‘‘(increased by Davis (KY) Leach Smith (NJ) Emerson Johnson, E. B. McDonald Davis, Jo Ann Lewis (CA) Smith (TX) Filner Jones (OH) Murtha $51,000,000)’’. Frelinghuysen Norwood At the end of the bill (before the short Davis, Tom Lewis (KY) Sodrel McKinney Hastings (WA) Menendez Sweeney title) add the following new section: Deal (GA) Linder Souder DeLay LoBiondo Stearns Herseth Young (FL) EC S . 409. In the case of taxpayers with an Dent Lucas Sullivan adjusted gross income in excess of $1,000,000 Diaz-Balart, L. Lungren, Daniel Tancredo b 1143 for taxable year 2006, the amount of tax re- Diaz-Balart, M. E. Taylor (NC) Messrs. SERRANO, CHANDLER and duction resulting from the enactment of the Doolittle Mack Terry Economic Growth and Tax Relief Reconcili- Drake Manzullo Thomas POMEROY changed their vote from ation Act of 2001 (Public Law 107–16) and the Dreier Marchant Thornberry ‘‘yea’’ to ‘‘nay.’’ Jobs and Growth Tax Relief Reconciliation Duncan McCaul (TX) Tiahrt Mr. TURNER changed his vote from Ehlers McCotter Tiberi ‘‘nay’’ to ‘‘yea.’’ Act of 2003 (Public Law 108–27) shall be re- English (PA) McCrery Turner duced by 8.125 percent. Everett McHenry Upton So the previous question was ordered. Mr. GINGREY. Mr. Speaker, I yield Feeney McHugh Walden (OR) The result of the vote was announced back the balance of my time, and I Ferguson McKeon Walsh as above recorded. Fitzpatrick (PA) McMorris Wamp move the previous question on the res- Flake Mica Weldon (FL) Stated against: olution. Foley Miller (FL) Weldon (PA) Mr. FILNER. Mr. Speaker, on rollcall No. The SPEAKER pro tempore (Mr. Forbes Miller (MI) Weller 223, on H. Res. 298, I was in my Congres- Fortenberry LATHAM). The question is on ordering Miller, Gary Westmoreland Fossella Moran (KS) Whitfield sional District on official business. Had I been the previous question. Foxx Murphy Wicker present, I would have voted ‘‘nay.’’ The question was taken; and the Franks (AZ) Musgrave Wilson (NM) The SPEAKER pro tempore (Mr. Speaker pro tempore announced that Gallegly Myrick Wilson (SC) LATHAM). The question is on the resolu- Garrett (NJ) Neugebauer Wolf the ayes appeared to have it. Gerlach Ney Young (AK) tion. Mr. MCGOVERN. Mr. Speaker, I ob- The resolution was agreed to. ject to the vote on the ground that a NAYS—194 A motion to reconsider was laid on quorum is not present and make the Abercrombie Berman Brown, Corrine the table. point of order that a quorum is not Ackerman Berry Butterfield Allen Bishop (GA) Capps f present. Andrews Bishop (NY) Capuano The SPEAKER pro tempore. Evi- Baca Blumenauer Cardin b 1145 dently a quorum is not present. Baird Boren Cardoza The Sergeant at Arms will notify ab- Baldwin Boswell Carnahan REMOVAL OF NAME OF MEMBER sent Members. Barrow Boucher Carson AS COSPONSOR OF H.R. 1449 Bean Boyd Case Pursuant to clause 9 of rule XX, the Becerra Brady (PA) Chandler Mr. BUTTERFIELD. Mr. Speaker, I Chair will reduce to 5 minutes the min- Berkley Brown (OH) Clay ask unanimous consent to have my

VerDate jul 14 2003 03:54 May 27, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.005 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4085 name removed as a cosponsor of H.R. I believe the bill before Members today costs associated with BRAC for the 1449. does just that, and it does it in a fis- prior rounds and the current round, The SPEAKER pro tempore (Mr. cally responsible way. basic allowance for housing payments, LATHAM). Is there objection to the re- Since the advent of the All-Volunteer facilities sustainment, restoration and quest of the gentleman from North Force in 1973, quality of life has come modernization, and environmental res- Carolina? to play an increasingly important role. toration. There was no objection. In the short time between the sub- Regarding BRAC, let me just repeat f committee’s organization and today, I have met with many officials from the what we have said in subcommittee. As GENERAL LEAVE Department of Defense who are ener- of now, we consider the Secretary of Mr. WALSH. Mr. Speaker, I ask gized and excited with the makeup of Defense’s recommendations just that, unanimous consent that all Members this new subcommittee. Everyone we recommendations only. We will be fol- may have 5 legislative days within met said the same thing, you recruit lowing the commission process, but we which to revise and extend their re- the soldier, but you retain ‘‘the fam- see no need to make changes to the marks and include extraneous material ily’’; and this new bill structure will military construction budget at this on H.R. 2528 and that I may include make a significant contribution to that time. Also included in this total is $20 tabular material on the same. goal. billion for the Defense Health Program, The SPEAKER pro tempore. Is there I have also met with many people on an increase of $1.8 billion above fiscal objection to the request of the gen- the issues related to the Defense year 2005 and $192 million above the tleman from New York? Health Program and the VA. Again, budget request. This amount supports There was no objection. there is excitement about the synergies troop readiness by making sure we f that currently exist and the ones that have an adequate funding level to pre- can be developed or enhanced between MILITARY QUALITY OF LIFE AND pare our soldiers, sailors, and airmen DOD and VA. This bill makes all that VETERANS AFFAIRS APPROPRIA- for training and deployments while possible. caring for their families and depend- TIONS ACT, 2006 I salute the gentleman from Cali- ents. The SPEAKER pro tempore. Pursu- fornia (Chairman LEWIS) for having the ant to House Resolution 298 and rule foresight and persistence to bring One last thing I wanted to mention is XVIII, the Chair declares the House in about this positive change. the joint DOD–VA incentives program the Committee of the Whole House on The bill before us today totals $121.8 which was authorized in fiscal year 2003 the State of the Union for the consider- billion, of which $85.2 billion is discre- and has been appropriated since that ation of the bill, H.R. 2528. tionary spending and $36.6 billion is time. This program creates a fund The Chair designates the gentleman mandatory spending. On the discre- which creates the opportunity for the from New Hampshire (Mr. BASS) as tionary side, the bill is $1.1 billion DOD and VA to explore joint ventures chairman of the Committee of the above the President’s request and $5.9 in research and information technology Whole, and requests the gentlewoman billion above last year’s bill. The bill that establishes and enhances con- from Illinois (Mrs. BIGGERT) to assume funds the VA at $68.1 billion, $2.3 bil- tinuity between these two Depart- the chair temporarily. lion above fiscal year 2005, and $635 ments and contributes to the synergies million above the budget request. In- b 1147 we all want. cluded in this amount is $21 billion for IN THE COMMITTEE OF THE WHOLE medical services, a $1.6 billion increase We have a responsibility to make Accordingly, the House resolved above the 2005 enacted level, and $1 bil- sure that the limited resources we have itself into the Committee of the Whole lion above the budget request. This is are spent efficiently and effectively House on the State of the Union for the an 8.5 percent increase over last year. I and that programs achieve their mis- consideration of the bill (H.R. 2528) would also note that with the funding sion. The structure of this bill provides making appropriations for military in this bill, the medical services ac- us with an opportunity to take a bold quality of life functions of the Depart- count will grow by 18.2 percent over look across programs and Departments ment of Defense, military construc- the past 2 years. and find synergies and efficiencies. tion, the Department of Veterans Af- Also, this funding level does not as- Change is not always easy to go fairs, and related agencies for the fiscal sume adoption of any new fees, nor through, and it does not happen over- year ending September 30, 2006, and for does it preclude the committee of juris- night; but we have taken the first step other purposes, with Mrs. BIGGERT diction from moving on such legisla- towards producing a more focused bill, (Acting Chairman) in the chair. tion. The VA funding level, among and I want to thank the gentleman The Clerk read the title of the bill. other things, restores funding for long- from California (Mr. LEWIS) for his vi- The Acting CHAIRMAN. Pursuant to term care to the level it was in the fis- sion and support. the rule, the bill is considered as hav- cal year 2005 appropriation, and we di- ing been read the first time. rect the Secretary to work with the Lastly, I would like to express my Under the rule, the gentleman from National Association of State Veterans gratitude to the gentleman from Texas New York (Mr. WALSH) and the gen- Homes to come to some agreeable pol- (Mr. EDWARDS), the ranking member of tleman from Texas (Mr. EDWARDS) each icy to make the program work better the subcommittee. We have developed will control 30 minutes. for veterans and the taxpayers. a strong working relationship based The Chair recognizes the gentleman The bill also includes language di- upon trust. He has a wealth of experi- from New York (Mr. WALSH). recting the Department to spend not ence with the military, given his long Mr. WALSH. Madam Chairman, I less than $2.2 billion on specialty men- association with Fort Hood, Texas. He yield myself such time as I may con- tal health care in fiscal year 2006, in di- has been very generous with his time sume. rect concern to many Members of Con- and his counsel as we assembled this Madam Chairman, today I am proud gress that the VA needs to make this a bill, and it is much appreciated. to represent the first Subcommittee on priority. We have never specified fund- Military Quality of Life and Veterans ing for a category of care in this bill in Thanks to my subcommittee mem- Affairs and Related Agencies appro- the past. bers for their active participation in priations bill for consideration of the We have also included report lan- the hearing process and also for their House. guage directing the Department to advice, and also to our very profes- This subcommittee was formed for more than double the funding available sional staff led by the capable Carol the purpose of taking a more com- for mental health research. For the De- Murphy, and to my personal staff for prehensive look at the programs re- partment of Defense, the bill provides their help in preparing this work prod- lated to providing a suitable quality of $53.5 billion. Within this total is fund- uct. I am very grateful to all of them. life for our service men and women, ing for military construction, family This would not have been possible from recruitment through retirement. housing construction and maintenance, without their help.

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VerDate jul 14 2003 01:36 May 27, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.027 H26PT1 Insert offset folio 197A/4 here EH26MY05.004 H4090 CONGRESSIONAL RECORD — HOUSE May 26, 2005 Madam Chairman, I reserve the bal- Having said that, our appropriations care that otherwise might have been ance of my time. subcommittee did not have the power deprived of that care. Mr. EDWARDS. Madam Chairman, I to determine how much money we had A fifth good thing that this com- yield myself such time as I may con- to spend on programs under our juris- mittee did in its work is, it directed sume. diction. That was largely decided by the VA to focus more of its medical Madam Chairman, I first want to sa- the budget resolution. I commend the care and research dollars on mental lute the gentleman from New York gentleman from California (Mr. LEWIS). health care, an essential priority given (Mr. WALSH) for his professional, thor- Given the FY 2006 budget resolution, our wars in Iraq and Afghanistan, as ough, and fair-minded leadership in the gentleman worked hard to get an well as the mental health care needs of crafting this bill, which I support. increased allocation for this sub- veterans from past wars. I particularly Throughout this entire process, every committee. salute the gentleman from New York step of the way, the gentleman from Given what I consider to have been for his leadership in this much-needed New York (Mr. WALSH) focused on tough choices, I believe the gentleman initiative. I, for one, believe it will be doing one thing: asking what is best for from New York (Mr. WALSH) and our one of the important legacies of his our service men and women and vet- subcommittee worked hard and we service in Congress. erans, and for that he has my deep re- have worked in good faith on a bipar- The VA has underfunded mental spect. tisan basis to put limited dollars where health care services and research for I would like to offer my observations they are most needed: veterans and too long and that is going to change on this important bill from the per- DOD medical services and housing for because of the leadership of this com- spective of someone who had the privi- military troops and their families. We mittee. lege of representing over 40,000 Army went the extra mile, along with profes- While I wish we did not have to cut soldiers who served our country in sional staff on both sides of the aisle, VA medical facilities operations by Iraq. For 14 years I represented Fort to scrub the budget to put dollars in $400 million and VA health administra- Hood, Texas, an Army installation tion programs and DOD health care re- which is now very ably represented by the highest priority areas. That was search and cut, $9 million out of VA the gentleman from Texas (Mr. our responsibility, and I think we did it well. health care research, I believe the com- CARTER). I have seen firsthand, like so many I believe there are a number of very mittee put the limited dollars where Members of Congress here, the sac- important positive steps taken in this they were most needed, in funding VA rifices made by our troops and their bill. First, VA medical services were and DOD health care during a time of families in time of war and peace: time increased by $1 billion over the Presi- war. away from children and loved ones, dent’s request, a request which I I also wish we were not at the point combat injuries, both mental and phys- thought, frankly, was inadequate. The where we were still funding military ical, and I have seen widows in their bottom line is we are allocating $1.6 construction at levels below levels 20s holding babies in their arms that billion over last year’s VA medical spent before the Iraqi war began, but will never know their fathers because services. I believe the VA needs more this bill moves us in a positive direc- they gave the ultimate sacrifice to our to keep up with medical inflation and tion, increasing military construction Nation in combat. an expected increase of 300,000 vet- by 4 percent. I believe, as other Members do, that erans. But given our allocation, the Given a smaller budget than I would we have a solemn, moral obligation to gentleman from New York (Mr. have preferred, the bottom line is that support our troops, their families, mili- WALSH), in particular, fought very hard I believe the subcommittee, led by its tary retirees, and veterans. They have to make VA medical services funding chairman, made solid decisions on a bi- kept their promise to our Nation, and our top priority; and I stand with him partisan basis to scour the budget and now we should keep our promise to in that priority. I think it is the right to fund our highest-priority needs. We them. That is why I consider it a privi- choice. stopped harmful cuts to VA nursing lege to serve on the first Subcommittee Second, it is positive that DOD home care and took important new on Military Quality of Life and Vet- health care was increased by 10 per- steps to ensure that mental health care erans Affairs with the gentleman from cent. During a time of war, that is im- services for our troops and our vet- New York (Mr. WALSH). portant. erans will be improved. That is why I My respect for our service men and Third, base allowance for housing intend to support this bill and ask my women and veterans is also why I voted was increased by 9.5 percent. Our colleagues, on a bipartisan basis, to do against the House budget resolution troops deserve improved housing. the same. Madam Chairman, I reserve the bal- earlier this year and against the 302(b) b 1200 allocation that determined how many ance of my time. dollars our subcommittee would have Let me also add that this committee, Mr. WALSH. Madam Chairman, I today to allocate to spend on DOD under Chairman WALSH and its bipar- yield for the purpose of making a unan- health, military construction and VA tisan committee membership, has con- imous consent request to the gen- programs, including VA health and re- tinued the very important role in lead- tleman from Florida (Mr. MILLER). search programs. ing what I consider to be the most im- (Mr. MILLER of Florida asked and I believe, especially during a time of portant family housing improvement was given permission to revise and ex- war, Congress should make greater in- program in our military history, that tend his remarks.) vestments in health care and military is, the public-private partnership that Mr. MILLER of Florida. Madam construction programs that are vital to is building tens of thousands of new Chairman, I thank the gentleman for the training and well-being of our homes to deserving men and women yielding. troops and their families. I believe we and their families serving in our mili- Madam Chairman, I rise today in support of should invest significantly more in VA tary. H.R. 2528—The Military Quality of Life and health care for our veterans. And de- I salute the subcommittee’s leader- Veterans’ Affairs Appropriations Act for Fiscal spite dollar increases, and they have ship on that important program. year 2006. Let me begin by commending the been real and they have been signifi- Fourth, the subcommittee rejected gentleman from New York, Mr. WALSH, for his cant over the last 5 years for VA health the Administration’s request to more work on this important bill. care, our VA hospitals are facing seri- than double prescription copays for I’d like to comment briefly on an issue that ous budget challenges due to two veterans and to add a new $250 annual is important to me as the Chairman of the Dis- things: one, high health care inflation enrollment fee for some veterans. In ability Assistance and Memorial Affairs Sub- that is affecting all hospitals, whether addition, in my viewpoint, the com- committee on the Veterans’ Affairs Com- they be VA or in the private sector; mittee wisely rejected massive pro- mittee—the National Shrine Commitment. As and secondly, because the average an- posed cuts in veterans’ nursing home you may know, pursuant to Public Law 106– nual increase in the number of vet- care. The committee’s work in this 117 the Department of Veterans Affairs en- erans needing VA health care has been area will mean tens of thousands of tered into a contract to assess the state of about 250,000 to 300,000 veterans. veterans will get long-term nursing VA’s national cemeteries. That study identified

VerDate jul 14 2003 03:54 May 27, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MY7.028 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4091 $279 million of needed repairs and mainte- Madam Chairman, I urge my col- provide cutting-edge, quality care for nance. While the President requested $14.4 leagues to support this bill because it the recruits who are joining the United million to fund this initiative, the Veterans’ Af- provides our Nation’s veterans with the States Navy. fairs Committee, in its views and estimates let- benefits that they have earned by pro- For these reasons and others, I really ter to the Budget Committee, recommended tecting our great Nation. commend the chairman and the staff an additional $45.6 million in minor construc- Mr. EDWARDS. Mr. Chairman, I for what they have done to accelerate tion funding to begin a 5-year plan to fully fund yield 1 minute to the gentleman from this, better health care for veterans, needed repairs and maintenance. New Jersey (Mr. ROTHMAN). better health care for naval recruits It is necessary that Congress ensure our (Mr. ROTHMAN asked and was given and at lower cost to the taxpayer. national cemeteries are maintained in a man- permission to revise and extend his re- Mr. Chairman, I yield 3 minutes to ner that pays proper tribute to our fallen vet- marks.) the gentleman from Oregon (Mr. erans. Funding the National Shrine Commit- Mr. ROTHMAN. I thank the gen- BLUMENAUER). ment achieves that end. I look forward to tleman for yielding me this time. Mr. BLUMENAUER. I appreciate the working with Chairman WALSH to see if we Mr. Chairman, as a member of the gentleman’s courtesy in yielding me can find the necessary resources to fund the Committee on Appropriations, I rise in this time. National Shrine Commitment. support of the Military Quality of Life Mr. Chairman, I, too, am pleased that Mr. WALSH. Madam Chairman, I and Veterans Affairs Appropriations we have the creation of a Military yield 2 minutes to the distinguished bill. I want to thank the gentleman Quality of Life committee. It is hard to gentleman from Nevada (Mr. GIBBONS). from New York (Mr. WALSH) and the imagine more capable leadership than (Mr. GIBBONS asked and was given gentleman from Texas (Mr. EDWARDS) that that will be offered by the gen- permission to revise and extend his re- for their very hard work in drafting tleman from New York (Mr. WALSH) marks.) this well-balanced bill. and the gentleman from Texas (Mr. ED- Mr. GIBBONS. Madam Chairman, I I also want to acknowledge the ma- WARDS) and there is tremendous poten- rise today in support of H.R. 2528, a bill jority and minority staff for the dili- tial to look holistically at the prob- which will provide the essential fund- gence and dedication that they have lems and opportunities dealing with ing that our Nation’s heroes, our vet- demonstrated throughout this process. military quality of life. erans, need. I applaud the gentleman I can appreciate the tough choices that I am particularly pleased because it from California (Mr. LEWIS) and the both the gentleman from New York will give for the first time a true focus gentleman from the 25th District of and the gentleman from Texas had to to look at what is a serious, hidden New York (Mr. WALSH) for their vision make with this tight allocation. Ad- issue of military quality of life, and and leadership on this important issue, mittedly, if there were a different ma- that is military cleanup. For too long, and I also thank them for allowing me jority in the House, there would have this Congress has been missing in ac- the time to speak on a bill that is so been more money allocated to these tion. It has never given priority to the important to our country. programs, but within the budget con- vast stretches of the United States in This bill increases overall veterans’ straints imposed upon the gentleman every State of the Union, an area the benefits to $21 billion which is nearly from California (Mr. LEWIS), the gen- size of the States of Maryland and Mas- $1.6 billion more than last year’s fund- tleman from New York (Mr. WALSH) sachusetts combined, to deal with the ing level for our veterans. Madam Chairman, over the last 2 and the gentleman from Texas (Mr. ED- cleanup of past military activities. years alone, this Congress has in- WARDS), I believe they have done a fine It impacts our troops and their fami- creased funding for veterans’ medical job, and I urge all of my colleagues to lies on the bases, their neighbors past care by 18 percent. In addition, H.R. support the bill. and present, and it has significant fi- 2528 doubles veterans’ mental health Mr. WALSH. Mr. Chairman, I yield 2 nancial impacts, although if we do this research funding and requires a com- minutes to the gentleman from Illinois job right, we have the opportunity to prehensive study on post-traumatic (Mr. KIRK). dramatically reduce the cost. I am im- stress disorder. As a veteran of our Mr. KIRK. Mr. Chairman, as a mem- pressed over the last 7 years working Armed Forces, I understand that this is ber of the subcommittee, I want to on this issue that the military, the an issue that our future veterans, who commend both our chairman and rank- men and women in the ranks, want to are currently fighting in the war on ing minority member for producing a do this job right. They have sensitivity terror, will most certainly struggle bill which will dramatically improve to the environment and they know that with. I applaud the efforts that this bill the life and the experience of men and they are in trouble if they are exposed makes to ensure America’s veterans women joining the United States Navy unnecessarily to pollution and will receive the mental health care and going for basic training and other unexploded ordnance. they need when they return home as schools in my district at Great Lakes Cleanup gives the military many ad- our heroes. Naval Training Center. vantages. There are less hazards to Madam Chairman, I also support this This bill funds two new barracks for fighting men and women. There will be bill because of the assistance it will the Great Lakes Naval Training Center more area to train. There are better re- provide to the veterans in my home and an infrastructure upgrade. It con- lationships with the surrounding area. State of Nevada. H.R. 2528 provides $199 tinues a $1 billion capitalization pro- Most important, it will develop tools million for a new veterans hospital in gram which has transformed Great and techniques that will save American Las Vegas. Las Vegas is the fastest- Lakes into the birthplace of the United lives. It will give the military long- growing metropolitan area in our Na- States Navy. term security with these new tech- tion. Nevada’s veteran population is But this bill does something even niques and technologies. simply exploding. This new hospital more important. Throughout the coun- Every day people die unnecessarily will ensure that those who have brave- try, we know that we have several hos- from land mines and UXO around the ly served our country have access to all pital facilities funded by the Depart- world. I am going to offer some amend- their health care needs. This is great ment of Defense close to VA facilities ments because, frankly, as much re- news for Nevada’s veterans. also funded by the taxpayer in caring spect as I have for the new sub- The committee’s report that accom- for our veterans. What this bill does is committee and the fact it is new, they panies H.R. 2528 also ensures that the it accelerates plans to build a new joint are looking at a whole new range of vital per diem payments that the VA VA-Navy hospital in North Chicago, Il- areas. provides to our State veterans home in linois. This new facility, with two re- We are looking at allocating over $1.5 Boulder City will not be cut. This re- ports required by the administration to billion to the 2005 base closure rounds, port language also requests Secretary accelerate the progress, will be the and we have not yet cleaned up after Nicholson to engage in a dialogue with first ever Navy-VA joint facility. We the very first round of military clo- our State-operated veterans homes to are very proud that that will be located sures. That is unacceptable. It is time come up with a solution to increasing in North Chicago, Illinois. This $100 for Congress to no longer be missing in the costs of providing quality health million facility will ensure veterans’ action. We need to step up, provide the care to our veterans. health care in northern Illinois and guidance, and clean up these areas.

VerDate jul 14 2003 01:36 May 27, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.021 H26PT1 H4092 CONGRESSIONAL RECORD — HOUSE May 26, 2005 It is unacceptable after 17 years that b 1215 As a member of the Blue Dog Coali- we will tell the people in Sacramento As the gentleman is aware, in this tion, I readily advocate the importance that their base might be cleaned up in difficult budget climate, we crafted a of fiscal responsibility in government, the year 2072. The money is available. bill that uses our resources wisely. I but let us not do that on the backs of The Congress just needs to find the will commit to the gentleman that I will our veterans. to allocate it and support the Military take his views with great respect as Mr. WALSH. Mr. Chairman, I reserve Quality of Life Subcommittee in its they relate to PTSD into consideration the balance of my time. important work to make sure that we as we move forward toward the con- Mr. EDWARDS. Mr. Chairman, I protect military families and the mili- ference of this bill. yield 4 minutes to the gentlewoman tary environment. Mr. BISHOP of Georgia. Mr. Chair- from Texas (Ms. JACKSON-LEE). Mr. WALSH. Mr. Chairman, I yield man, reclaiming my time, I thank the (Ms. JACKSON-LEE of Texas asked such time as he may consume to the chairman for his consideration and for and was given permission to revise and gentleman from Georgia (Mr. BISHOP), his leadership, and I thank him for extend her remarks.) a very respected member of the sub- yielding me the time. Ms. JACKSON-LEE of Texas. Mr. committee. Mr. WALSH. Mr. Chairman, I reserve Chairman, the first order of business is Mr. BISHOP of Georgia. Mr. Chair- the balance of my time. to thank the gentleman from New man, I thank the gentleman very much Mr. EDWARDS. Mr. Chairman, I York (Chairman WALSH) and to thank for yielding me this time. I would like yield 2 minutes to the gentlewoman the gentleman from Texas (Mr. ED- to congratulate the gentleman from from California (Ms. LORETTA WARDS), ranking member, for a very New York (Mr. WALSH) and the gen- SANCHEZ). fine effort on behalf of the Nation’s tleman from Texas (Mr. EDWARDS) for a Ms. LORETTA SANCHEZ of Cali- veterans. fine job, with limited resources, in pro- fornia. Mr. Chairman, I thank my col- We leave today and most Americans ducing, I think, a very good work prod- league from Texas for yielding me this will join us on Memorial Day to honor uct. time. the fallen heroes and, might I say, I know that the gentleman from New I rise in support of this bill because, sheroes. The women of the United York shares my concern for our service as a member of the Military Personnel States Congress just came back from men and women who are returning Subcommittee of the House Committee Arlington Cemetery honoring the fall- from Iraq and Afghanistan with the ad- on Armed Services, I can tell the Mem- en women who lost their lives in bat- verse psychological effects of combat. bers that people are the most precious tle. Again, we restate our commitment Many of the difficulties experienced by resource we have in our Armed Forces. for the opportunity for women to be these brave men and women can be As we get closer to Memorial Day, able to serve on the front lines, as they classified as post traumatic stress dis- many of us here in Congress will go have advocated for and as we have order, or PTSD. As you are aware, the home and talk about how important it noted that they have offered their lives GAO report on VA and defense health is to support our troops and our vet- in battle without any suggestion of care dated September 2004 has high- erans, and that is a fine sentiment, and taking the back seat. lighted the lack of services at the De- I agree 100 percent. But what does Con- Today we attempt to pass legislation partment of Defense military treat- gress actually do to follow through? that speaks to the Nation’s veterans; ment facilities and VA hospitals to ad- Our obligation to support our troops by and many of them, all of them, will be dress the needs of these former and ac- no means ends when they separate joining us on Memorial Day as we tive duty personnel. The report lan- from their branch of service. Yet in the honor those who have lost their lives, guage and various initiatives that you age of spiraling deficits, some folks in but we will be with the veterans who have included in our bill address this Washington seem all too willing to for- were willing to give the ultimate sac- problem, and I want to thank you for get the promises that we have made to rifice. your leadership. our veterans. I want to thank the gentleman from However, the lack of services avail- The Veterans Administration is Texas (Mr. EDWARDS) so very much and able demands that we take immediate chronically underfunded every year, the gentleman from New York (Mr. steps to increase psychological screen- and it is struggling to provide the basic WALSH) for the work that they have ing and treatment for our returning services and benefits that veterans done dealing with keeping veterans troops. PTSD cannot be just a Vet- have been promised. hospitals opened. I would have hoped, erans’ Administration problem. The The President’s proposed VA budget, however, that we would have been able needs of our active duty men and for example, would have significantly to debate the Obey amendment that women have to be at the forefront of raised out-of-pocket health care ex- would have given us $2.6 billion to real- our agenda, meaning that it is wrong penses for many veterans. That was his ly be able to honor and be with our vet- simply to discharge service men and so-called increase, by increasing fees to erans and mourn those who had lost women because we do not have the ca- our veterans. And I am glad that this their lives, because let me remind pacity to treat them while they are on Committee on Appropriations saw to it them, when soldiers fall, their families active duty. that we would not raise the out-of- are left behind and we need a strong Since most of our military hospitals pocket costs for veterans. That is not VA health system. lack the expertise to deal with a large the acceptable answer for the VA fund- In fact, I recently, in my representa- influx of such patients, I would like to ing problems. The answer to the fund- tion, had the Veterans Hospital of urge the chairman, as the bill goes to ing problem is to adequately fund the Houston in my congressional district. I conference, to consider allowing the VA in the budget so that the veterans now share it with the distinguished creation of regional centers across our will receive the kind of care that they gentleman from Texas (Mr. AL GREEN), country located at private hospitals or were promised when they signed up to but we are all still fighting for our vet- available military clinics to help meet defend our country. erans hospitals. And I thank both of these increasing needs. While I am pleased that the Com- them, and I thank the gentleman from Mr. WALSH. Mr. Chairman, will the mittee on Appropriations saw fit to in- Texas (Mr. EDWARDS), for the great gentleman yield? crease VA funding from the wholly in- fight that they have had. Mr. BISHOP of Georgia. I yield to the adequate amount requested by the I see the gentleman from Florida gentleman from New York. President, I am very disappointed that (Chairman YOUNG) on the floor, and I Mr. WALSH. I thank the gentleman the efforts of the gentleman from Wis- just want to note the great work done from Georgia for raising this issue, and consin (Mr. OBEY), our ranking mem- with the Fisher House in years past I share his concern. ber, to provide significant additional when we funded a place for veterans’ The gentleman has correctly indi- funding, $2.6 billion, for our Nation’s families, families of veterans who are cated that this bill works to address veterans, financed by reducing the tax in the hospital, that their families may PTSD research so that we can better cut for the very richest Americans, stay nearby. treat mental health symptoms of our that all of this was blocked by the Re- We must realize that we have 1,500 active and retired military personnel. publican majority. dead in Iraq and Afghanistan, maybe

VerDate jul 14 2003 03:54 May 27, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.034 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4093 upwards of 2,000, and they are dying pretty good product. They are oper- move to improve revenue enhance- every day. But we also have the injured ating under new procedures. I am real- ment. who are coming home who need to have ly pleased with regard to the leadership So I want to thank them, and I want a full open hospital system. Their fami- of taking the personnel and housing to thank their staff for their fine work. lies need to have it. So it is important, and coupling it with veterans. I want I know I focused my entire remarks on Mr. Chairman, that even as we look at to work with the gentlemen and the the veterans side, but let me thank the good work that this committee did, gentlewoman on their committees and them also for what they do for the men to see the opportunity to be able to de- their staff because the only way we can and women and the families in taking bate the Obey amendment because the get the seamless transition is through care of their housing on these bases. It $2.6 billion is needed. working together. is extremely important and very val- I would like to ask the distinguished And we are going to end this procure- ued. And they are doing some real gentleman from Texas about the con- ment of I will buy my own systems and grinding, and sometimes it does not get cerns that I have raised. One, we know VA buys their own systems and then all of the attention, and I know what the trauma that many of these return- they are incompatible and we have got they are doing on the inside. So on be- ing soldiers will face in mental health. duplicity and multiplicity and, guess half of the men and women in uniform, That is one of the aspects of service of what, it is now up to us to end this. I thank them and God bless them. the veterans hospital. We know the And we are going to make this seam- Mr. EDWARDS. Mr. Chairman, I fact that there is a need, even though less transition work. We are going to yield myself 30 seconds. the CARE Commission is now looking give the right platforms with regard to To respond to the distinguished at closing eight hospitals, that we need IT. I want to thank them for making chairman of the Committee on Vet- to keep the hospitals open, and then, of that cut in IT. A lot of people are going erans’ Affairs, my mentor and one of course, we need to protect the families to say, Why did they do that? We are the real heroes in this world is former and give them good health care. about to set the correct platform under Congressman Olin E. Teague, who once I would like to ask the distinguished the right form of leadership. And what held the position that the gentleman gentleman that if we were able to add I would like to work with the gentle- from Indiana (Chairman BUYER) now an extra $2.6 billion, a mere drop in the men on is that we are going to hope- holds. Mr. Teague was a distinguished bucket, to this particular funding, and, fully take the chief information officer combat veteran of World War II, served by the way, that only gives the rich a within the VA and we are going to give in Congress 32 years, played a leader- $129,000 tax break versus $140,000, but them line and budget authority. We are ship role on writing the modern G.I. would we be able to answer the con- going to end the stovepipes and the bill. And I thank the chairman for his cerns of America’s veterans whom he wasting of hundreds of millions of dol- leadership on veterans issues, and I has heard from around the Nation? lars, because we need to modernize this think his point regarding the impor- Mr. EDWARDS. Mr. Chairman, will system. So I want to work with them tance of the Committee on Appropria- the gentlewoman yield? tions and authorizing committee re- as we proceed. Ms. JACKSON-LEE of Texas. I yield Despite this recent comment about $1 garding veterans working together is to the gentleman from Texas. billion being a drop in the bucket, they terribly important, and I thank him for Mr. EDWARDS. Mr. Chairman, let bringing that point to the floor of the me just say I am proud of the work the plussed-up health care $1 billion. That is real money. One billion dollars in my House. subcommittee did on a bipartisan basis Mr. Chairman, I yield 3 minutes to congressional district, and I cannot to take limited dollars and use them the gentleman from Virginia (Mr. speak for yours, but in my congres- wisely and focus them on high prior- MORAN). ities. But, clearly, the reason I sup- sional district, I take all of the income Mr. MORAN of Virginia. Mr. Chair- ported the Obey amendment and am tax receipts of my constituents and it man, I thank the gentleman from sorry it was not allowed by the Com- is $990 million. So $1 billion represents Texas, my friend and colleague, for mittee on Rules is because it would the labor of every constituent who yielding me this time. allow a significant increase in re- works in my congressional district. I would like to bring to the sub- sources and provide mental health care So they work together and plus this committee’s attention and to all of the services and funding for the operations up $1 billion over the President’s mark; Members of the House an issue that of our hospitals. And I thank the gen- and as a matter of fact, they exceeded falls under the jurisdiction of the Mili- tlewoman from Texas for her great the mark that we gave to the budget tary Quality of Life Subcommittee, leadership over the years in standing views and estimates. So I stand here and that is the Department of De- up and fighting for our men and women and congratulate the bipartisan work; fense’s security standards for build- who have served our country in uni- 1.64 billion is meaningful, Mr. Chair- ings. I do not think that these stand- form. man. ards really meet the test of scrutiny Ms. JACKSON-LEE of Texas. Mr. With regard to their focus on PTSD when applied to cost effectiveness nor Chairman, reclaiming my time, I will and following the President’s rec- to mission accomplishment. The De- simply thank the gentleman for his ommendation of the $100 million, I partment of Defense has issued stand- comments and say I know that the hos- thank them. We are going to be holding ards without checking with the Con- pitals are vital to our veterans and I a hearing coming up; so to the gen- gress, without having any hearings and hope that we can continue the fight for tleman from Georgia (Mr. BISHOP) and I think without fully assessing what them and I look forward to working his concerns, hopefully he can contact the cost and operational impact will with him and the chairman. us and we can also address his ideas. I be. Mr. WALSH. Mr. Chairman, I yield 4 am pleased about the COLA adjust- These building security standards minutes to the gentleman from Indiana ment. We are going to move in June to preclude the Department of Defense (Mr. BUYER), the distinguished chair- do the authorization on the COLA. from leasing any office space in a met- man of the Committee on Veterans’ Af- And I also want to pause for a mo- ropolitan area because they require a fairs, my good friend, someone who has ment and thank them with regard to setback of anywhere from 82 feet to 148 worked very closely with us through- the second pilot on revenue enhance- feet from the street. Under these newly out this process. ment. This is boring stuff that a lot of issued requirements, buildings cannot Mr. BUYER. Mr. Chairman, I thank people do not like to talk about, but it have underground or rooftop parking. the chairman for the quality of his is the operations of these health sys- They cannot have retail activity on the work, and I want to thank the gen- tems. And we are not getting it right ground floor. They basically cannot be tleman from Texas (Mr. EDWARDS). We at the beginning, and we are not get- accessible to the public or have reason- have had the opportunity to work over ting coding right. We are not getting able traffic and parking plans in oper- the years in the Committee on Armed the number right even on collections. ation. Services, and we continue to work with So we have this project out in the visit We have been working in Northern them. in Ohio, and now we are opening up a Virginia in concert with the Pentagon I came down here to tell them I am second front, a competitive pilot. This for years to get the Department of De- proud of them. They put together a is going to be the right thing as we fense employees to their work in a

VerDate jul 14 2003 03:54 May 27, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.039 H26PT1 H4094 CONGRESSIONAL RECORD — HOUSE May 26, 2005 cost-efficient manner and to be able to gentleman consider some report lan- Today, more than one-quarter of Operation meet the Pentagon’s needs. guage, requiring some feedback from Enduring Freedom and Operation Iraqi Free- b 1230 the Defense Department on cost impli- dom veterans who seek care at the VA do so cations and alternative ways of accom- for mental health reasons. And according to Now they say none of your buildings plishing the same security objectives? the New England Journal of Medicine, 16 per- qualify. Well, I am not going to go into Mr. WALSH. Mr. Chairman, if the cent of surveyed Marines and 17 percent of this just for my own self-serving pur- gentleman will yield further, I cer- Army soldiers meet screening criteria for major poses, but I do think that when DOD tainly cannot commit to language I depression, generalized anxiety, or PTSD. issues a mandatory requirement affect- haven’t seen, but as I said, I would be These rates are similar to those of service ing tens of thousands of people that its happy to continue to work with the men and women in the Vietnam and Gulf consequences ought to be fully consid- gentleman as we go towards con- Wars. And I understand from some in the vet- ered. In this case, it is a mandate that ference. erans community that these numbers may has been imposed unilaterally, result- Mr. MORAN of Virginia. Mr. Chair- even understate the severity of the problem. ing in the displacement of over 23,000 man, I thank my friend very much and While this bill will help provide the VA with Defense Department personnel in look forward to fixing this situation in some of the tools to meet the needs of our Northern Virginia. It is going to affect a fiscally efficient and operationally brave servicemembers, I do believe we have additional thousands of people around effective manner. a moral obligation to do more. In particular, I the country. Ms. DELAURO. Mr. Speaker, I want to am concerned that the overall VA budget is But beyond that, it is going to re- thank my colleagues Chairman WALSH and not sufficient to meet the needs of troops re- quire hundreds of millions of dollars to Ranking Member EDWARDS for including two turning from Iraq and Afghanistan. The Amer- build new buildings with this enormous provisions very important to me and so many ican Legion and other veterans groups have setback from the street, and no one Americans in this legislation. said that this bill falls short by as much as else is going to want to use these build- This bill preserves the organization of our $2.5 billion in veterans health care funding. In- ings. The cost premium of building Defense Cancer Research Programs, which deed, in my own district, veterans tell me that these buildings that meet the prescrip- have served our Nation so well and have they are waiting up to 9 months for some sur- tive DOD standards is so excessive that helped drive breakthroughs in breast, prostate gical procedures. And our veterans deserve no other activity is going to be able to and ovarian cancer research. Consolidation of better than that. afford the cost of these buildings. So these programs would have disrupted and de- Mr. Chairman, ensuring that we are funding we are talking about hundreds of mil- cancer research and providing services to our lions of dollars spent excessively to layed the granting of research awards, si- phoned scarce resources away from research veterans are two of the most important re- build buildings that will soon become sponsibilities we have with this bill. And I am outmoded by technology and common endeavors to support administrative functions. And I am pleased my colleagues, with the pleased the House was able to come together sense. in a bipartisan way to see that we did. That is The General Services Administration help of Mr. Murtha, were able to maintain the distinct nature of these cancer research pro- why I urge my colleagues to support this bill. has come up with an alternative, what Mr. PAUL. Mr. Chairman, I rise in favor of is called a performance-based standard, grams. I am especially pleased by the funding level this appropriations bill, although with some as opposed to DOD’s prescriptive-based reservations. I am pleased that the reorganiza- standard, that provides just as much for ovarian cancer research. Ovarian cancer is the fourth deadliest cancer for women. This tion of the appropriations bills has brought security, but they use traffic manage- about a more logical and supportable Vet- ment, they harden the building, make year, approximately 22,220 women will be di- agnosed and an estimated 16,210 will lose erans Affairs appropriations product. the windows shatterproof, and move I do retain strong concerns over some of the their lives to the disease. One in 57 women the most sensitive activities to the in- funds appropriated under the Military Con- will get ovarian cancer, a disease with a 5- terior space. They use technology, they struction and North Atlantic Treaty Organiza- year survival rate of only 24 percent when use a lot of common sense and judg- tion Security Investment Program sections of caught in advanced stages. As an ovarian ment, and they accomplish the same this bill. purpose and still they can locate build- cancer survivor, I can tell you first-hand how Although I recognize the need for legitimate ings in metropolitan areas at much less important early detection is critical. funds for military construction, I do remain expense. They just built a building in Despite progress made, we still do not fully concerned that the funds appropriated herein New York that meets all of the build- understand the risks factors, symptoms and will be used to fund the construction of U.S. ing security standards, much less ex- causes of ovarian cancer. Unlike other dis- military installations overseas. At a time when pensive than DOD wants but just as se- eases and conditions, there is no screening we are closing dozens of military installations cure from terrorist attack. test for ovarian cancer—there is no equivalent in the United States—installations that actually So what I am suggesting is that this to the mammogram. And as such, more than contribute to the defense of the United subcommittee look at this matter, 80 percent of women are diagnosed late States—under the auspices of saving money, look at the cost implications, consider stages when prognosis is the worst, and the it is unconscionable to be spending money for whether there may be better ways of overall rates of ovarian cancer mortality re- the defense of foreign countries. accomplishing the same security objec- main unchanged year after year. I also strongly object to the appropriation of tives. This DOD requirement is based Appropriately, the DOD Ovarian Cancer Re- U.S.taxpayer funds for, as the bill states, ‘‘the upon protecting ourselves from a truck search Program is focusing its efforts on de- acquisition and construction of military facilities bomb carrying an arbitrary figure of veloping science and scientists to help us and installations (including international mili- 200 pounds of TNT, whereas a truck can achieve the breakthroughs desperately need- tary headquarters) and for related expenses carry 1,000 pounds of TNT. Further- ed in the field of ovarian cancer. Sustaining for the collective defense of the North Atlantic more, there are so many other ways a the current structure of the program and pro- Treaty Area.’’ NATO is a relic of the Cold War building could be attacked that these viding sufficient resources will help speed the and most certainly has no purpose some fif- security standards don’t address. day that we have a valid and reliable early de- teen years after the fall of the Soviet Union. Mr. WALSH. Mr. Chairman, will the tection tool for ovarian cancer reducing and As we saw in the NATO invasion of Yugo- gentleman yield? preventing suffering from ovarian cancer for slavia, having outlived its usefulness as a de- Mr. MORAN of Virginia. I would be our nation’s wives, mothers, aunts, nieces, fensive alliance, the Organization has become happy yield to my friend, to the gen- daughters, and friends. an arm of aggressive militarism and interven- tleman from New York. Mr. Chairman, this bill also includes $2.2 bil- tionism. NATO deserves not a dime of Amer- Mr. WALSH. Mr. Chairman, I thank lion in funding for veterans’ mental health ican taxpayer’s money, nor should the United the gentleman from Virginia for bring- needs—and I want to thank my colleague, Mr. States remain a member. ing this to us. This certainly would EDWARDS, for ensuring that it did. Many of us In conclusion, though I support this appro- have an impact on all metropolitan have long been concerned with the growing priations bill, I remain concerned about the areas where land values are high. So I mental health needs of our returning soldiers, construction of military bases overseas and would be happy to work with the gen- marines, sailors and airmen. That is why I of- the dangerous interventionist foreign policy tleman as we go forward with this bill. fered an amendment to add additional funding that drives this construction. Mr. MORAN of Virginia. Mr. Chair- to the Supplemental for veterans mental Ms. JACKSON-LEE of Texas. Mr. Chair- man, reclaiming my time, would the health needs. man, I rise today to speak on H.R. 2528 the

VerDate jul 14 2003 03:54 May 27, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MY7.041 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4095 Military Quality of Life-Veterans Affairs Appro- tions that will give veterans the best options would like to commend the gentleman from priations. Unfortunately, in rising to speak on for quality long-term care at the most reason- New York—Mr. WALSH—and the gentleman this spending legislation, I have to tell our Na- able cost to the taxpayer. I can only hope that from Texas Mr. EDWARDS—(and their very tion’ s veterans that they can not expect the this legislation offers our veterans more op- able staff) for their good work on this legisla- level of medical care that they deserve from tions in getting quality long-term care instead tion. this appropriation’s measure. The sad truth is of less. Mr. Chairman, many of us will spend this that our veteran’s have been getting the short We must protect the rights of our veterans weekend doing exactly what we should be end of the stick, and unfortunately they will re- because they went abroad and protected our doing—returning home to our communities to ceive no relief from H.R. 2528. Nation when they were called to duty. I find it pay solemn tribute to those brave men and Being from the City of Houston, which is the unfortunate that this legislation only goes half- women who have paid the ultimate price in home to the Michael E. DeBakey Veterans Af- way towards solving the veterans medical care service of our Nation. fairs Medical Center where more than 137,000 crisis that exists, the sad fact is that it could We are painfully mindful that we are a Na- veterans are provided their primary healthcare, do so much more. I can only pray that all tion at war. Our young fighting men and I know how vitally important it is to provide our members of Congress will give the same effort women are in action around the world, serving veterans with the care they were promised. in fighting for our veterans that they did fight- with distinction and dedication. To honor them, Now is the time for the U.S. government to ing for us. again fulfill our moral obligation to those who we should pass this legislation which provides Mr. FILNER. Mr. Chairman, as a Senior important assistance to our American he- have fought for freedom and democracy. How- Member of the House Veterans’ Affairs Com- ever, as outrageous as it may seem, this body roes—past and present—our veterans and our mittee, I oppose this appropriations bill be- current warfighters. will not be considering the Obey Amendment cause the amount included for veterans’ that would have increased this bill’s appropria- healthcare is woefully inadequate. An addi- This legislation: Significantly increases fund- tion for veterans’ medical care by a total of tional $2.6 billion, the amount called for in the ing devoted to military housing and health $2.6 billion. The Obey Amendment would Obey amendment which was not accepted, is care. Increases total funding for the VA by 3.5 have paid for this vitally important medical desperately needed for the coming fiscal year percent; Boosts Veterans Medical Services $1 care by simply reducing the size of the tax cut because the number of veterans is growing billion above the budget request and $1.64 bil- for those making over one million dollars, and the quantity of health care per veteran is lion over last year’s levels: (Over the last 2 those millionaires would have received a tax growing. years, funding for Veterans medical care has cut of $129,000 this year, instead of $140,000. As many of our servicemembers return from increased by 18 percent.) Is this what our Nation has come to? Where Iraq and Afghanistan without legs and arms Appropriates $20 billion for the Defense we chose to give millionaires a few thousand and with many and varied physical and mental Health Program—a 9.9 percent increase over dollars more in tax cuts instead of funding heath care needs, as many of our veterans fiscal 2005. Proposes a 10-percent increase in proper medical care for our veterans, who left live longer and need long-term care, a grateful the basic allowance for military housing; Hikes their families and risked their lives abroad to nation should be prepared to provide for them. total military construction 4.2 increase above keep our Nation free, does this seem just in Shamefully, this appropriations bill does not last year’s levels. any way? Its truly a shame that the Appropria- keep that promise, and I cannot support it. Mr. Chairman, our troops—active, reserve tions Committee in a completely partisan vote Finally, the new appropriations structure ir- and Guard—are enduring extraordinary mental decided to reject the Obey Amendment and its responsibly pits active military needs against and physical stress during long tours of duty truly disgraceful that the Rules Committee did veterans needs. Our great Nation can support battling an insurgency engaged in intense not allow this pertinent Amendment to come both! guerilla warfare. Clearly, these troops will have before this body for full consideration. Mr. LEVIN. Mr. Chairman, I rise in strong special needs, including mental health needs, The sad secret of Veterans Affairs and med- support of the Obey Amendment. This amend- when they rotate from the combat zone. I am ical care for our veterans is that with the rising ment provides badly needed funding for vet- proud that this bill goes to extraordinary cost of health care these days, the modest in- erans health care, and represents the min- lengths to fund treatment of Post Traumatic creases in funding for veterans’ medical care imum necessary to maintain the current level Stress Syndrome, and doubles funding for in this legislation are not even enough to of services. mental health research. maintain the current level of care, which in While the increase in veterans health care We know from experience that the mental itself is insufficient. Our veterans need and de- funding in the underlying Military Quality of health and physical health of our troops are serve proper VA benefits because they de- Life and Veterans Appropriations bill is wel- closely linked, and mental health disorders pend so heavily upon them. According to the come, it is also inadequate. The underlying bill can exacerbate or even induce physical dis- Veteran’s Administration, 28 million veterans fails to maintain the level of health care pro- orders. Returning service men and women are currently using VA benefits. Another 70 vided to our veterans at time when demand need to be treated for both through integrated million Americans are potential candidates for for those services is on the rise. The Obey physical and mental health care and this bill such programs. This amounts to a quarter of Amendment corrects this by providing an addi- recognizes that fact on many important levels. the country’s population. Veterans and their tional $2.6 billion to ensure that all our vet- Mr. Chairman, I would also like to point out families will sadly begin finding that they have erans receive the health care they have what is NOT in this bill, namely higher copays no place to turn for their medical treatment as earned and that they deserve. at veterans health care facilities and new an- V.A. hospitals across the country face closing I am disappointed that the President has nual surcharges for certain categories of vet- their doors. With the budget shrinking, staff failed to provide leadership on this issue. His erans. will be let go. This could mean the loss of over request for less than a 1 percent increase for 19,000 nurses. Without these nurses, this VA health care services was completely inad- Mr. Chairman, we are a Nation at war. And leads to the loss of over 6.6 million outpatient equate to meet the needs of our veterans. our young fighting men and women have real visits. Approximately one out of every two vet- Furthermore, for the third straight year, the needs. Our veterans have real needs. erans could lose their only source of medical President proposed doubling prescription drug I want to thank the Appropriations Com- care. This is a shameful situation and one that co-pays to $15 and charging a $250 enroll- mittee for providing for those needs and urge again is not properly addressed in this appro- ment fee to many of our veterans. Fortunately, support for the bill. priation bill. the Appropriations Committee has rejected Mr. NUSSLE. Mr. Chairman, when the Ap- While I am greatly disappointed that this placing this unfair burden on our Nation’s vet- propriations Committee realigned its sub- legislation does not fully address the crisis in erans and did not impose these new fees. committees earlier this year, one of the larger veterans medical care, I am pleased to find I urge the Majority to allow a vote on the challenges fell to the measure we are consid- that the Appropriations Committee rejected the Obey Amendment and let the House complete ering today—the Military Quality of Life and administration’s proposal to restrict payments the work of writing a bill that honors our vet- Veterans Affairs appropriations bill. The bill to State veterans’ homes for long-term care, erans by providing the necessary health care provides benefits, housing, and health care for and provides sufficient funding within this ac- resources. This is the very least we can do for our military troops and their families; and en- count to continue the current policy. I am also the men and women who have given so much sures that our veterans—who have given so pleased the Appropriations Committee di- in the service of our country. much for our Nation—continue to receive pen- rected the VA to work with the National Asso- Mr. FRELINGHUYSEN. Mr. Chairman, I rise sions, readjustment benefits, loans, and med- ciation of State Veterans Homes and other in strong support of this Military Quality of Life ical care. I am pleased to rise in full support stakeholders to develop and implement solu- and Veterans Affairs Appropriations bill and of the bill the appropriators have crafted.

VerDate jul 14 2003 03:54 May 27, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A26MY7.011 H26PT1 H4096 CONGRESSIONAL RECORD — HOUSE May 26, 2005

MILITARY QUALITY OF LIFE THE BUDGET RESOLUTION/CONCLUSION Page 34, line 21, insert after the dollar In structure, H.R. 2528 adds considerably to As I have noted before, the budget resolu- amount the following: ‘‘(increased by tion provides a total allocation for discretionary $8,000,000)’’. the previous Military Construction bill by in- Page 36, line 9, insert after the dollar cluding the Department of Veterans Affairs; appropriations of $843 billion in fiscal year amount the following: ‘‘(increased by the Defense Health Program; the military per- 2006. This relatively tight spending level re- $6,000,000)’’. sonnel base allowance and housing accounts; quires significant effort by the Appropriations Page 37, line 8, insert after the dollar the military facilities, sustainment, restoration, Committee to set priorities and make choices. amount the following: ‘‘(increased by and modernization accounts; the military envi- As we continue the appropriations season, I $9,000,000)’’. Page 37, line 20, insert after the dollar ronmental restoration accounts; and a number commend Chairman Lewis and our colleagues on the Appropriations Committee for meeting amount the following: ‘‘(increased by of small related agencies. $7,000,000)’’. The bill is consistent with the levels estab- the needs of the American public within the framework established by the budget resolu- Mr. MELANCON (during the read- lished in H. Con. Res. 95, the House concur- ing). Mr. Chairman, I ask unanimous rent resolution on the budget for fiscal year tion. In conclusion, I express my support for H.R. consent that the amendment be consid- 2006, which Congress adopted as its fiscal ered as read and printed in the RECORD. blueprint on April 28th. It stays within the 2528. Mr. EDWARDS. Mr. Chairman, I have The CHAIRMAN. Is there objection 302(b) allocation to the subcommittee, as pro- no other speakers on this side, so I to the request of the gentleman from vided by the full Appropriations Committee yield back the balance of my time. Louisiana? pursuant to the budget resolution. Con- Mr. WALSH. Mr. Chairman, I yield There was no objection. sequently, it does not violate section 302(f) of back the balance of my time. Mr. MELANCON. Mr. Chairman, as I the Budget Act, which prohibits consideration The CHAIRMAN. All time for general begin my remarks, let me say that in of bills in excess of the 302(b)s. debate has expired. my first 2 days as a newly sworn-in [I should note that the Congressional Budg- Pursuant to the rule, the bill shall be Congressman, I had the unfortunate ex- et Office [CBO] has recast the 2005 enacted considered for amendment under the 5- perience of attending seven funerals for levels into the new subcommittee structure for minute rule. During consideration of young men within a 20-mile radius of this year’s appropriations bills, so we can the bill for amendment, the Chair may my home. make year-to-year comparisons. Also, please accord priority in recognition to a I bring this war-related veterans be aware that CBO’s figures, which I am Member offering an amendment that service amendment to you today. This using, employ base figures and categories that he has printed in the designated place amendment provides an additional $53 may differ slightly from those published by the in the CONGRESSIONAL RECORD. Those million in urgently needed funding for Appropriations Committee.] amendments will be considered read. items critical for veterans returning H.R. 2528 provides $53.5 billion to the De- The Clerk will read. from the war. The increased money for partment of Defense [DoD]. Of that amount, The Clerk read as follows: vets is paid for by cutting back this $20 billion is for the Defense Health Program, H.R. 2528 year’s funding for the next round of the which provides top-notch medical care to our Be it enacted by the Senate and House of Rep- BRAC by 9 percent. service members and their families at little or resentatives of the United States of America in The amendment will provide $8 mil- no cost to them. This amount represents a Congress assembled, That the following sums lion for combat-related trauma care. slight increase over the President’s request are appropriated, out of any money in the The VA is currently operating four Treasury not otherwise appropriated for polytrauma centers for research, edu- and an increase of $1.8 billion over the 2005 military quality of life functions of the De- enacted level. This bill also funds the military cation and clinical activities on com- partment of Defense, military construction, plex multitrauma associated with com- construction and family housing accounts used the Department of Veterans Affairs, and re- by DoD to provide our service members and lated agencies, for the fiscal year ending bat injuries. The important work of their families quality housing. The funds made September 30, 2006, and for other purposes, these centers needs to be expanded and available in this bill for base allowance and namely: demands dedicated funding. Six million dollars is provided for housing—$13.3 billion—also ensure that those TITLE I hardware and software to support tele- serving our country are able to afford to live in DEPARTMENT OF DEFENSE medicine initiatives to allow the quality housing whether on or offbase. This MILITARY CONSTRUCTION, ARMY polytrauma centers to support wound- represent an increase of $1.2 billion over the For acquisition, construction, installation, ed troops once they return to their 2005 enacted level. and equipment of temporary or permanent homes. Long-term follow-up is particu- H.R. 2528 provides $31.5 billion in discre- public works, military installations, facili- ties, and real property for the Army as cur- larly problematic for Reservists and tionary funds for the Department of Veterans rently authorized by law, including per- National Guardsmen who return to Affairs [VA]. Most of this amount—$28.8 billion sonnel in the Army Corps of Engineers and their communities without the support of it—is for the Veterans Health Administra- other personal services necessary for the of nearby military bases. tion, which provides medical care to our Na- purposes of this appropriation, and for con- Nine million dollars is added for med- tion’s veterans, medical research, medical fa- struction and operation of facilities in sup- ical and prosthetic research, which is cilities, and medical administration. The largest port of the functions of the Commander in Chief, $1,602,552,000, to remain available until needed to support current spending lev- component is medical care, which is funded at els for VA research. Last year, this was $21.0 billion, an increase of $745 million over September 30, 2010: Provided, That of this amount, not to exceed $168,804,000 shall be funded at $402, but the bill only in- the President’s request and an increase of available for study, planning, design, archi- cludes $393, a $9 million cut. Unlike $1.1 billion, or 6 percent, over the 2005 en- tect and engineer services, and host nation NIH, VA research is uniquely focused acted level. The bill does not include a med- support, as authorized by law, unless the on veterans’ health issues. It inves- ical care enrollment fee or an increase in pre- Secretary of Defense determines that addi- tigates new prosthetic devices, infec- scription drug copayments. H.R. 2528 pro- tional obligations are necessary for such pur- tious disease, the effects of various en- poses and notifies the Committees on Appro- vides total discretionary funding for the De- vironmental hazards, postdeployment partment of Veterans Affairs of $33.7 billion, priations of both Houses of Congress of the determination and the reasons therefor. mental health and war-related ill- an increase of $637 million above the Presi- nesses. Veterans returning from the dent’s request and an increase of $2.9 billion, AMENDMENT OFFERED BY MR. MELANCON Mr. MELANCON. Mr. Chairman, I global war on terrorism will all benefit or 9.5 percent, above the 2005 enacted level. from this research. It should not be H.R. 2528 does not contain any emergency- offer an amendment. The Clerk read as follows: cut. designated BA, which is exempt from budget Amendment offered by Mr. MELANCON: Provide retroactively $23 million for limits. The bill contains no rescission of pre- Page 2, line 15, insert after the dollar war orphans: Surviving spouses with viously enacted discretionary BA. amount the following: ‘‘(reduced by $1) (in- minor children are eligible for Depend- IOWA creased by $1)’’. ency and Indemnity Compensation to I would also like to acknowledge a specific Page 10, line 6, insert after the dollar assist the families with immediate and amount the following: ‘‘(reduced by transitional needs after the death of a provision that benefits the National Guard in $169,000,000)’’. my State. The measure includes $431,000 for Page 31, line 1, insert after the dollar spouse. Right now, only servicemember planning and design of a field maintenance amount the following: ‘‘(increased by families whose spouses die after No- shop at Readiness Center in Iowa City. $23,000,000)’’. vember 30, 2004, receive this $250 per

VerDate jul 14 2003 03:54 May 27, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.015 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4097 month benefit for 2 years. This amend- the reuse and development of that (Chairman WALSH) and the ranking ment will help approximately 4,100 land. member, the gentleman from Texas spouses with children whose service- Now, the gentleman is from Lou- (Mr. EDWARDS), and I thank the gen- member spouse died during the war on isiana. As we are all aware, there were tleman from New York (Mr. WALSH) for terrorism between September 11, 2001, a number of closures and realignments the welcome to the floor of the House, and November 30, 2004. in the State of Louisiana, particularly to the Chamber. It is an honor to be This will also provide $7 million for around Baton Rouge and New Orleans, here. 100 additional staff who process claims if this amendment were to pass, the re- I, too, regret that the gentleman has for compensation and pension benefits. development of those bases and prop- to oppose my amendment. Veterans coming home from the war erties, and I am sure land values are Mr. OBEY. Mr. Chairman, reclaiming deserve quick response to their claims, quite high in New Orleans and people my time, I simply want to say that I but as of May 21, 2005, over half a mil- would like to redevelop those prop- congratulate the gentleman for offer- lion claims for compensation and pen- erties, that would stall. It would be de- ing this amendment. I would say that I sion benefits were pending at VA re- layed. It would cause confusion. And I greatly respect the chairman of the gional offices. This includes 342,811 suspect that others Members of the subcommittee, but I disagree with the claims by veterans who are seeking a Louisiana delegation may not want to implication of one thing that he said. disability rating. support this because it will definitely He is evidently suggesting that because I propose a BRAC offset. The admin- affect their communities. of a difference in outlay rates between istration requested $1.88 billion for fis- I would also offer that at this point these two accounts, that we would not cal year 2006 for the new round of we are talking about a list of proposed get the full amount in the amendment, BRAC. While the administration was closures. We do not know exactly or that the full amount in the amend- formulating this request, the DOD con- which bases will be closed or realigned ment would not be immediately made sistently was stating that there was until the process is over. available for the purposes of the about a 20 to 24 percent excess capacity We do know one thing, though, that amendment. in military installations. Then, on May this $169 million that the gentleman I would simply point out that wheth- 12, just 2 weeks ago, Secretary Rums- would like to take out of BRAC will er it is $79 million being redirected or feld reported at a press conference that not get you, dollar for dollar, the $53 million being redirected, it is still the new BRAC list would only cut be- money that you would like to see spent better than nothing. tween 5 and 11 percent of excess capac- in veterans’ health care. Because of our budget rules, this b 1245 ity. money that is in the BRAC fund, the The 2005 BRAC round will actually I would also say that BRAC is going $169 million that the gentleman would require less than half of the closure to go on for a long, long time. We have like to cut from BRAC, will only get and realignment activities originally no idea how much money we are going $30 million. It would only free up $30 projected. The administration’s budget to need for BRAC, and this Congress million in 2006 for the purposes that request reflects much more money will be adjusting what it provides for the gentleman has described. BRAC many times over, the next 7 or 8 than will be needed to be spent for The reason is because, again, under BRAC activities in fiscal year 2006. or 9 years. But the fact is that the our budget rules, this money in BRAC troops coming home now need these The bill already cuts $310 million spends out or outlays at a rate of only from the BRAC request, and the pro- services now. I do not think that any- 15 percent. So, in effect, this is penny one believes that either the budget gram would not suffer with an addi- wise and pound foolish, because you tional $169 million cut. This is well amount or the amount in the com- lose almost $170 million in the BRAC mittee is fully sufficient, given the under the $180 million in additional funding to get $30 million in veterans’ cuts that was approved by the Com- needs of the troops. health. That money would be much So I would urge a ‘‘yes’’ vote on the mittee on Armed Services. better spent in BRAC, because you will While it is important to begin fund- amendment. get the full benefit of $170 million. The CHAIRMAN. The question is on ing the implementation of the new The bill that we presented does much BRAC round, this money is the first in- the amendment offered by the gen- to improve VA health care by adding $1 tleman from Louisiana (Mr. stallment in a process that will take billion to the budget request. This re- MELANCON). several years. By contrast, money for sults in an 8.5 percent increase over veterans’ health is urgently needed, es- The question was taken; and the last year and over a 40 percent increase Chairman announced that the noes ap- pecially in the critical areas funded in since the year 2001. So as I have said this amendment. We need to take care peared to have it. before to Members who appeared before Mr. MELANCON. Mr. Chairman, I de- of our servicemen and -women return- the hearing, members of the veterans mand a recorded vote. ing from the war as they come home. community, the House has the power of The CHAIRMAN. Pursuant to clause Mr. WALSH. Mr. Chairman, I rise in the purse. We establish our priorities 6 of rule XVIII, further proceedings on opposition to the gentleman’s amend- by how we allocate funds, how we ap- the amendment offered by the gen- ment. propriate funds. And other than De- tleman from Louisiana (Mr. MELANCON) The CHAIRMAN. The gentleman fense health, no area, no budget within from New York is recognized for 5 min- will be postponed. the Federal budget, has increased the The CHAIRMAN. The Clerk will read. utes. way veterans’ health care has. This The Clerk read as follows: Mr. WALSH. Mr. Chairman, I would would be an 18.2 percent increase in 2 like to welcome the gentleman to the In addition, $50,000,000, to remain available years in veterans’ health care. until September 30, 2007, for overhead cover Congress. We are very proud and happy So this would do great harm to the systems to support force protection activi- that he is here, and I hate to oppose BRAC and it would do little to impact ties in Iraq: Provided, That notwithstanding the very first amendment that he is of- on veterans’ health care. This comes at any other provision of law, such funds may fering, but I think it is the responsible a high cost to BRAC, especially when be obligated or expended to carry out plan- thing to do. one considers the large increases that ning and design and military construction projects not otherwise authorized by law. We believe this bill is a balanced bill we have already provided in veterans’ that addresses all of the needs of the health care programs. MILITARY CONSTRUCTION, NAVY AND MARINE Nation in a fair manner. This amend- Mr. Chairman, I would urge that the CORPS ment would cut $169 million from the Members oppose this amendment. For acquisition, construction, installation, funding required to carry out the Mr. OBEY. Mr. Chairman, I move to and equipment of temporary or permanent public works, naval installations, facilities, BRAC recommendation. This cut would strike the last word. slow down the cleanup and disposal of and real property for the Navy and Marine Mr. Chairman, I yield to the gen- Corps as currently authorized by law, includ- closed bases for this round, and also tleman from Louisiana (Mr. ing personnel in the Naval Facilities Engi- the realignment of bases, and will MELANCON). neering Command and other personal serv- therefore negatively impact the econo- Mr. MELANCON. Mr. Chairman, I ices necessary for the purposes of this appro- mies of those communities by stalling thank the gentleman from New York priation, $1,109,177,000, to remain available

VerDate jul 14 2003 01:36 May 27, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.045 H26PT1 H4098 CONGRESSIONAL RECORD — HOUSE May 26, 2005 until September 30, 2010: Provided, That of MILITARY CONSTRUCTION, NAVAL RESERVE the Subcommittee on Military Quality this amount, not to exceed $36,029,000 shall For construction, acquisition, expansion, of Life and Veterans Affairs of the be available for study, planning, design, and rehabilitation, and conversion of facilities Committee on Appropriations. architect and engineer services, as author- for the training and administration of the re- First of all, I want to take a moment ized by law, unless the Secretary of Defense serve components of the Navy and Marine to commend the gentleman from New determines that additional obligations are Corps as authorized by chapter 1803 of title necessary for such purposes and notifies the York (Mr. WALSH) and the committee 10, United States Code, and Military Con- for bringing this important pending Committees on Appropriations of both struction Authorization Acts, $45,226,000, to Houses of Congress of the determination and remain available until September 30, 2010. bill to the floor and providing re- the reasons therefor. sources to our military and those who MILITARY CONSTRUCTION, AIR FORCE RESERVE MILITARY CONSTRUCTION, AIR FORCE serve in our military. I thank him for For construction, acquisition, expansion, For acquisition, construction, installation, his leadership in the United States rehabilitation, and conversion of facilities House of Representatives and for his and equipment of temporary or permanent for the training and administration of the public works, military installations, facili- Air Force Reserve as authorized by chapter service to our Nation. ties, and real property for the Air Force as 1803 of title 10, United States Code, and Mili- I had intended to offer an amendment currently authorized by law, $1,171,338,000, to tary Construction Authorization Acts, to add $1.3 million to the Army Na- remain available until September 30, 2010: $110,847,000, to remain available until Sep- tional Guard construction account in Provided, That of this amount, not to exceed tember 30, 2010. order to complete the design of a joint $91,733,000 shall be available for study, plan- National Guard Reserve Center in Day- ning, design, and architect and engineer NORTH ATLANTIC TREATY ORGANIZATION services, as authorized by law, unless the SECURITY INVESTMENT PROGRAM tona Beach, Florida. Last year, Secretary of Defense determines that addi- For the United States share of the cost of through the good work of this appro- tional obligations are necessary for such pur- the North Atlantic Treaty Organization Se- priations subcommittee, the Sub- poses and notifies the Committees on Appro- curity Investment Program for the acquisi- committee on Military Construction priations of both Houses of Congress of the tion and construction of military facilities appropriated $789,000 in fiscal year 2005 determination and the reasons therefor. and installations (including international funding to begin the design, and that MILITARY CONSTRUCTION, DEFENSE-WIDE military headquarters) and for related ex- funding is now being depleted. (INCLUDING TRANSFER OF FUNDS) penses for the collective defense of the North Mr. Chairman, this project is the Atlantic Treaty Area as authorized by sec- For acquisition, construction, installation, Florida National Guard’s number one tion 2806 of title 10, United States Code, and and equipment of temporary or permanent priority in the 2012 to 2013, 5-year plan Military Construction Authorization Acts, public works, installations, facilities, and and will be included in the President’s $206,858,000, to remain available until ex- real property for activities and agencies of pended. budget for the 2007 budget. the Department of Defense (other than the I am concerned that possibly cutting military departments), as currently author- FAMILY HOUSING CONSTRUCTION, ARMY the funding or not providing the fund- ized by law, $976,664,000, to remain available For expenses of family housing for the ing for this project now may negatively until September 30, 2010: Provided, That such Army for construction, including acquisi- impact on the Florida National Guard’s amounts of this appropriation as may be de- tion, replacement, addition, expansion, ex- termined by the Secretary of Defense may be tension, and alteration, as authorized by ability to move forward with this im- transferred to such appropriations of the De- law, $549,636,000, to remain available until portant project that is now some near- partment of Defense available for military September 30, 2010. ly 8 years behind schedule. construction or family housing as the Sec- FAMILY HOUSING OPERATION AND I would ask the gentleman from New retary may designate, to be merged with and MAINTENANCE, ARMY York whether he can commit to work- to be available for the same purposes, and for For expenses of family housing for the ing with me during the conference on the same time period, as the appropriation Army for operation and maintenance, includ- this bill to ensure that funding or ade- or fund to which transferred: Provided fur- ing debt payment, leasing, minor construc- quate attention and language is in the ther, That of the amount appropriated, not tion, principal and interest charges, and in- to exceed $107,285,000 shall be available for final bill. surance premiums, as authorized by law, study, planning, design, and architect and Mr. WALSH. Mr. Chairman, will the $803,993,000. engineer services, as authorized by law, un- gentleman yield? less the Secretary of Defense determines FAMILY HOUSING CONSTRUCTION, NAVY AND Mr. MICA. I yield to the gentleman that additional obligations are necessary for MARINE CORPS from New York. such purposes and notifies the Committees For expenses of family housing for the Mr. WALSH. Mr. Chairman, I con- on Appropriations of both Houses of Con- Navy and Marine Corps for construction, in- gratulate the gentleman from Florida gress of the determination and the reasons cluding acquisition, replacement, addition, for his hard work and his dedication to therefor. expansion, extension, and alteration, as au- getting this base back on track, and I MILITARY CONSTRUCTION, ARMY NATIONAL thorized by law, $218,942,000, to remain avail- will be happy to work with the gen- GUARD able until September 30, 2010. tleman from Florida as we go forward. For construction, acquisition, expansion, FAMILY HOUSING OPERATION AND Mr. MICA. Mr. Chairman, I thank the rehabilitation, and conversion of facilities MAINTENANCE, NAVY AND MARINE CORPS gentleman. for the training and administration of the For expenses of family housing for the Mr. CHANDLER. Mr. Chairman, I Army National Guard, and contributions Navy and Marine Corps for operation and move to strike the last word for the therefor, as authorized by chapter 1803 of maintenance, including debt payment, leas- purpose of entering into a colloquy title 10, United States Code, and Military ing, minor construction, principal and inter- Construction Authorization Acts, est charges, and insurance premiums, as au- with the gentleman from New York $410,624,000, to remain available until Sep- thorized by law, $588,660,000. (Chairman WALSH). Mr. Chairman, I would like to enter tember 30, 2010. FAMILY HOUSING CONSTRUCTION, AIR FORCE MILITARY CONSTRUCTION, AIR NATIONAL into a colloquy to discuss a funding For expenses of family housing for the Air matter concerning the Assembled GUARD Force for construction, including acquisi- For construction, acquisition, expansion, tion, replacement, addition, expansion, ex- Chemical Weapons Alternatives pro- rehabilitation, and conversion of facilities tension, and alteration, as authorized by gram. for the training and administration of the law, $1,236,220,000, to remain available until I rise today, Mr. Chairman, to bring Air National Guard, and contributions there- September 30, 2010. attention to a significant funding prob- for, as authorized by chapter 1803 of title 10, FAMILY HOUSING OPERATION AND lem that, if it is not solved, could halt United States Code, and Military Construc- MAINTENANCE, AIR FORCE the destruction of dangerous chemical tion Authorization Acts, $225,727,000, to re- weapons stockpiles in Richmond, Ken- main available until September 30, 2010. For expenses of family housing for the Air Force for operation and maintenance, in- tucky and Pueblo, Colorado. MILITARY CONSTRUCTION, ARMY RESERVE cluding debt payment, leasing, minor con- Within the last 2 months, there have For construction, acquisition, expansion, struction, principal and interest charges, and been significant changes in the status rehabilitation, and conversion of facilities insurance premiums, as authorized by law, of what is known as the ACWA pro- for the training and administration of the $755,319,000. gram which manages the Blue Grass Army Reserve as authorized by chapter 1803 of title 10, United States Code, and Military Mr. MICA. Mr. Chairman, I move to Ammunition Demilitarization Facility Construction Authorization Acts, strike the last word. at the Blue Grass Army Depot in Ken- $138,425,000, to remain available until Sep- Mr. Chairman, I would like to enter tucky and at the Pueblo Chemical tember 30, 2010. into a colloquy with the chairman of Depot in Pueblo, Colorado.

VerDate jul 14 2003 01:36 May 27, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.006 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4099 Due to recent Department of Defense ous pain, and over 50 million of these ficult choices to make, but I think it is decisions, the President’s fiscal year endure serious pain with a duration of critical that the Members of this body 2006 budget no longer reflects the fund- 6 months or more. Many of these Amer- realize that the issue of cleanup at ing requirements needed for the Blue icans are being treated in facilities military bases, both the active bases Grass site. within the Department of Veterans Af- and the closed bases, but especially at If the United States is to meet the fairs. Currently, available treatment those that are closed, is literally a 100 percent extended destruction dead- mechanisms do not cure the pain and time bomb. line of April 2012 set by the Chemical usually involve medications that are Mr. Chairman, I know the gentleman Weapons Convention, a total of $31 mil- hardly more effective than a placebo, from New York (Chairman WALSH) has lion in funding needs to be allocated to while introducing the risk of serious tried to accommodate the cleanup the Military Quality of Life Chemical side effects. Recent clinical findings needs of closed bases. Through the gen- Demilitarization Construction account. are causing widespread concern that tleman’s efforts, this bill provides $377 This $31 million would come in the pain killers available through prescrip- million in BRAC money for previous form of a zero-sum adjustment to the tion and over the counter are placing rounds of closed bases. Most of this will President’s budget, as he had included users at additional risk. go to cleanup, but that is far from a $33 million request for ACWA under As the chairman of the appropria- enough to complete the cleanup and the RDT&E account. tions subcommittee that must find transfer this land to others so that eco- I recognize that this bill does not funding to pay for these medications, nomic growth can occur. have jurisdiction over the RDT&E ac- the gentleman from New York has an To my colleagues I say, if we are seri- count, which complicates the transfer important role in directing the Depart- ous about BRAC, we have to get serious of these funds. However, I request that ment of Veterans Affairs to use their about cleanup. DOD officials claim when the House and Senate conferees medical dollars wisely. that earlier rounds of BRAC have saved meet to reconcile the two versions of Mr. WALSH. Mr. Chairman, will the about $7 billion a year, but that is false this bill, that they consider adding gentleman yield? savings when the Defense Science these vital military construction funds Mr. MEEHAN. I yield to the gen- Board Task Force on UXO, unexploded to the ACWA program. tleman from New York. ordnances, in February of 2004, put the Mr. WALSH. Mr. Chairman, will the Mr. WALSH. Mr. Chairman, I am cost of unexploded ordnance cleanup gentleman yield? aware of those facts and of the signifi- between $26 billion and $52 billion. Mr. CHANDLER. I yield to the gen- cant cost to society in the form of dol- Just this past January, the GAO re- tleman from New York. lars and the quality of life. ported that $3.6 billion remains to be Mr. WALSH. Mr. Chairman, I thank I am also recently aware that re- cleaned up at closed bases, and identi- the gentleman. search being done in the gentleman’s fied the base in my district, closed base I am aware that the Department of district may lead to significant Fort Ord, as having yet another $322 Defense wants to revise the budget re- changes in how we treat pain and offers million in cleanup costs before the land quest for this program. I am also aware the promise of reducing the side ef- can be transferred. This is on top of the that the Department does not want to fects. This research in the area of pho- $327 million that has already been submit a budget amendment. The gen- ton mediated treatment for pain, in ef- spent on the cleanup at Fort Ord. tleman from Kentucky is correct, the fect using light and its associated heat, b 1300 jurisdiction complicates the transfer of offers enough hope that I would sug- funds from RDT&E to the Chemical De- gest it as an area of further research The scope of this problem is large, militarization Construction account, within the Department of Veterans Af- and Fort Ord is not the only problem. and the timing of this request is also a fairs. The same GAO report shows that Kelly complicating factor. However, I assure Mr. MEEHAN. Mr. Chairman, re- Air Force Base in Texas still has about the gentleman from Kentucky that claiming my time, I thank the gen- $209 million in cleanup costs out- this issue will be kept in mind during tleman for his remarks and look for- standing. Seneca Army Depot in New the conference consideration of this ward to working with him as he moves York has $72 million in cleanup costs bill. this bill forward and into conference. I remaining. Savanna Depot in Illinois Mr. CHANDLER. Mr. Chairman, re- would hope that the conference state- has $55 million, and the naval air sta- claiming my time, I thank the gen- ment of managers would include a sug- tion in South Weymouth, Massachu- tleman from New York for his recogni- gestion to the Department of Veterans setts, has $39 million. The five bases tion of both the funding needs of the Affairs that they consider doing re- cited carry a $697 million cleanup price ACWA program and the need to dispose search in this area. tag, yet the bill is only able to provide of these dangerous weapons that Mr. WALSH. Mr. Chairman, if the $377 million for that purpose, less than threaten the safety of communities in gentleman will continue to yield, I half. Richmond, Kentucky and Pueblo, Colo- thank the gentleman and pledge to do If, 10 years after the last BRAC rado. all I can to work with the other body round, we are still struggling to re- The CHAIRMAN. The Clerk will read. to put some language on this subject in move these bases from the Pentagon’s The Clerk read as follows: the statement of managers when we inventory, but cannot because of clean- FAMILY HOUSING OPERATION AND get to conference. up problems, how are we going to cope MAINTENANCE, DEFENSE-WIDE Mr. MEEHAN. Mr. Chairman, I thank with a round that was just announced a For expenses of family housing for the ac- the gentleman from New York. week ago? tivities and agencies of the Department of Mr. FARR. Mr. Chairman, I move to BRAC has become all about disposal Defense (other than the military depart- strike the last word. of military property. We have forgot- ments) for operation and maintenance, leas- Mr. Chairman, I would like to engage ten about the part of BRAC that is sup- ing, and minor construction, as authorized with the gentleman from New York posed to be about conversion of mili- by law, $46,391,000. (Chairman WALSH) in a brief colloquy, tary property. Mr. MEEHAN. Mr. Chairman, I move if he would be so kind, on the subject of Disposal must contain a more aggres- to strike the last word to engage in a cleanup at closed bases. sive component of cleanup so that con- colloquy with the gentleman from New Mr. WALSH. Mr. Chairman, if the version and, therefore, economic recov- York (Chairman WALSH). gentleman will yield, I am happy to ery can take place more quickly and Mr. WALSH. Mr. Chairman, if the enter into a colloquy with my friend, more effectively. gentleman will yield, I would be the gentleman from California. I would suggest one option for us to pleased to engage in a colloquy with Mr. FARR. Mr. Chairman, I rise to consider is to rescind the MILCON my friend, from the gentleman from bring to the attention of the House a money in this bill currently slated for Massachusetts (Mr. MEEHAN). problem that desperately needs atten- bases that are on the closure list, and Mr. MEEHAN. Mr. Chairman, as the tion, which is cleanup at our closed reallocate it to the BRAC cleanup. gentleman from New York is aware, military bases. I realize that in today’s Closing bases do not need new con- over 75 million Americans suffer seri- tight budget situation, we have dif- struction, but they will need cleanup.

VerDate jul 14 2003 01:36 May 27, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.051 H26PT1 H4100 CONGRESSIONAL RECORD — HOUSE May 26, 2005 Mr. WALSH. Mr. Chairman, I thank I am deeply concerned that the pa- prior base closures. And frankly, that the gentleman from California (Mr. rameters that the gentleman from is just the tip of the iceberg because FARR), who is a respected and active California outlined are such that we there are 2,307 formerly used defense member of the subcommittee and are going to have to take a serious step sites in every State of the Union that knows these issues very well. Cer- back and do something this Congress. I are littered with unexploded ordnance tainly, the gentleman has made us all mentioned earlier, I know that the new and military toxins. more sensitive to the problems of subcommittee’s configuration gave it Mr. Chairman, I appreciate the op- unexploded ordnance and hazardous broad scope with lots to do. But it is portunity to bring this amendment for- wastes at closed bases, and I commend time for us to take a step back and ward. I appreciate the opportunity of the gentleman for that. give proper focus to the problem of working with this subcommittee in the While I do not dispute the gentle- military cleanup on bases that have future, but I want to make clear that it man’s logic, I cannot endorse his sug- been realigned and closed. is time for Congress to no longer be gestion at this time. My amendment would simply say, be- missing in action and to take this As we all know, the Secretary of De- fore we start the fifth round of base small step to keep faith with these peo- fense released his BRAC recommenda- closure, the fifth round, that we ought ple who have been waiting for 17 years tions to the BRAC Commission on May to take some of that money that has for the Pentagon and Congress to do 13. At this time, they are just that, rec- been designated for the fifth round and the cleanup job that faces them. ommendations to the Commission. It is instead keep faith with the 17 commu- Mr. WALSH. Mr. Chairman, I rise in the Commission who will present the nities that are waiting, now since 1988, opposition to the gentleman from Or- final report to the President later this to have their problems solved. egon (Mr. BLUMENAUER’s) amendment. year. We are all aware of the trauma that Mr. Chairman, let me begin by saying However, I will commit to my friend, can take place in communities when that I know the gentleman from Or- the gentleman from California (Mr. bases close, how they lose jobs. They egon (Mr. BLUMENAUER) brings a tre- FARR), that we will be following this are upset. But to compound it by leav- mendous amount of history to this process closely, and as we move to con- ing people with a toxic white elephant issue and expresses the concerns that ference on this bill, I will work with is absolutely unacceptable. all of us feel for communities that have him to adjust the funding available for I have before me here a list of the this long-term problem. So I accept his cleanup of bases closed in previous 1988 BRAC installations and the esti- genuineness and his attention to this. BRAC rounds. mated date of the cleanup. At the top And pressure is a good thing. Mr. FARR. Mr. Chairman, I thank of the list, in no particular order, in Let me state that we have just dis- the gentleman. I appreciate his com- Sacramento, California. They are going cussed this with my colleague on the mitment to address this matter in con- to have to wait till the year 2072 to be subcommittee, the gentleman from ference and eagerly look forward to able to fully clean this up. California (Mr. FARR), and we intend to working with the gentleman on it. As we go down the list, it is abso- work on this when we get to conference I thank the chairman for engaging in lutely unacceptable. It is one of the with the Senate. this colloquy. reasons that we find such apprehension I would just point out that the Navy The CHAIRMAN. The Clerk will read. regarding the BRAC process, although recently sold the former Marine Corps The Clerk read as follows: there is the promise of redevelopment. Air Station at El Toro in California for $650 million, which was a much higher DEPARTMENT OF DEFENSE FAMILY HOUSING There are opportunities that we have IMPROVEMENT FUND seen, for example, in Lowry Air Force price than was anticipated. Since all For the Department of Defense Family Base in Denver. Where it is done right, land sale revenues must come back Housing Improvement Fund, $2,500,000, to re- bases can be cleaned up, it can add eco- into the priority BRAC account, there main available until expended, for family nomic vitality to communities. The will be some additional funds available housing initiatives undertaken pursuant to sorry fact is that we have not kept in fiscal year 2006 for environmental section 2883 of title 10, United States Code, faith with the communities that have cleanup. providing alternative means of acquiring and suffered base closure. This amendment is probably not nec- improving military family housing and sup- I strongly urge that each and every essary. DOD has indicated that by the porting facilities. Member of Congress take a step back. year 2008 it will have either completed BASE REALIGNMENT AND CLOSURE ACCOUNT To the best of my knowledge, we have the cleanup or put into place all the re- 1990 not voted specifically to put money in medial systems it needs for cleanup at For deposit into the Department of De- the cleanup process in at least the 9 all but two installations. Once in place, fense Base Closure Account 1990, established years that I have been in Congress, and the cleanup will take time, and more by section 2906(a)(1) of the Defense Base Clo- funds will not necessarily speed up the sure and Realignment Act of 1990 (10 U.S.C. I have not been able to identify a spe- 2687 note), $377,827,000, to remain available cific vote before that. process. until expended. The fact is that Congress is missing These are areas, for example, where you have a range, firing range, where AMENDMENT NO. 2 OFFERED BY MR. in action. There are people in the De- BLUMENAUER partment of Defense who are skilled, mortars or small arms or other weap- Mr. BLUMENAUER. Mr. Chairman, I eager and interested to go. There is a onry was fired and remains unexploded offer an amendment. significant private sector range of ac- in the ground. It will take time to find The CHAIRMAN. The Clerk will des- tivities, businesses that are ready to do that. It is a very dangerous process. I ignate the amendment. their job in base cleanup. am sure it is a very tedious, stressful The text of the amendment is as fol- What is missing is that Congress has process, but it has to be done right, so lows: never made it a funding priority. And it does take time. at the top, at the Pentagon, despite I would also note that by taking Amendment No. 2 offered by Mr. having some great people through the money out of the 2005 BRAC account, BLUMENAUER: Page 9, line 22, insert after the dollar last two administrations who under- the gentleman would actually com- amount the following: ‘‘(increased by stand this problem, it has never been a pound the very problem he is trying to $351,000,000)’’. top priority of the Pentagon, until we correct for the upcoming BRAC. It will Page 10, line 6, insert after the dollar come around again talking about base slow down the cleanup and disposal of amount the following: ‘‘(reduced by closures. closed bases for this round and will, $351,000,000)’’. I am strongly suggesting that we therefore, negatively impact the econo- Mr. BLUMENAUER. Mr. Chairman, I step forward, that we allocate this $351 mies of those communities by stalling appreciated what we just heard a mo- million, put it here, so that we are reuse development. ment ago from the chairman and my keeping faith with these people. The We do intend to deal with this issue friend, the gentleman from California fact is that if we were to approve this in conference. And we will look at what (Mr. FARR). And I appreciate the gen- amendment, it would still be only a funds may reasonably be added to the tleman’s long involvement with this third of what is necessary, less than a prior BRAC account to accelerate envi- issue and sensitizing us to it. third of what is necessary to deal with ronmental cleanup. We need to make

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.055 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4101 sure that more funds will actually mittee. But this is an opportunity for So these are the kinds of issues that translate into more effect. Since I do us to focus in on the need for base I think it is important that we focus not know, at this time, what that plus- cleanup. on. I really applaud the gentleman up could be, I am afraid that I must op- And it is an easy expression to say from Oregon (Mr. BLUMENAUER) for not pose the gentleman’s amendment. base ‘‘cleanup,’’ the word, but the proc- only bringing this amendment to the Mr. LARSON of Connecticut. Mr. ess is elaborate because there are all floor, but he has been doing this for Chairman, I move to strike the last kinds of cleanup. Essentially, the years by trying to tweak the con- word. cleanup that most people know that science of Congress to say these things Mr. Chairman, I would like to rise would be in any city where you had a are about cleanup. It is a responsibility and associate myself with the remarks motor pool, where you had garages and that the private sector knows they of the distinguished gentleman from fuel spent, all bases have that. Those have to do, and we in the public sector Oregon (Mr. BLUMENAUER) and strongly are common kinds of industrial types ought to be doing the same and par- support his amendment. Let me also of cleanup. ticularly the military. add and thank the very thoughtful col- You have areas that most commu- I might add, it is not all criticism of loquy that was conducted by the gen- nities do not have, which are firing the military. Recently, since the envi- tleman from California (Mr. FARR) and ranges. Most of that is lead cleanup. ronmental laws have come along, I the distinguished chairman from New Those are not necessarily unexploded found that the military has been a very York (Mr. WALSH). Clearly, his involve- ordnances because you fire in for tar- good steward of these laws. In fact, ment and assistance is much needed gets. You have cleanup because big now on all our ranges and all the and greatly appreciated. bases have their own places that they things that the military does, they But as a State and, I daresay, for the dumped, in many cases, the old days have reports of where every shell goes. Northeast as an entire region that has they just dumped the fuel, poured it on They keep those reports. They know been targeted, when you look at statis- the ground, but they also had solid where the contamination is. They try tically what is going on here in the 17 waste sites. And as the rains came the to do cleanup as they go along, and communities, as the gentleman noted, leachates through the solid waste site they try to minimize any kind of ad- that are in dire shape, and you look at get into the groundwater. So we have verse impacts on the environment. I the length of time as we project out, now ground water contamination. That applaud the military for that. you now understand why communities is another cleanup. We have to be good stewards and have such enormous apprehension And lastly and most elaborately, you good citizens of our communities where about this. Or as Peter Finley Dunne have one cleanup that only the Federal our military bases are and take the re- would say, ‘‘Trust everyone, but cut Government does and only people that sponsibility for cleaning up these ex- the cards.’’ And in the case of the have been trained by the Federal Gov- traordinary amounts of messes, par- BRAC hearings, we feel that we need a ernment, even though they may be in ticularly at a time when you want to new deal. the private sector, are authorized to use that land for economic recovery. I further would just say in listening do. We do all the unexploded ordnance And you cannot even get on the land; to the distinguished Chair, the gen- cleanup; nobody else in the world does you cannot walk on it. They put a tleman from New York (Mr. WALSH), that. And that cleanup is very specific fence around it. That is the worst thing and again, I applaud him personally for because, as the chairman said, it is that can ever happen to a community his efforts, while there will be more dangerous. It is unexploded ordnances and to closed bases. money available for cleanup from the that are in the ground and oftentimes I applaud this effort to bring atten- sale of the El Toro Marine Air Station, buried. And it is slow. tion to all of the Members of Congress the amount needed is over $3.6 billion. But the fact of the matter is that if that we have got a real problem here, Even with these new funds, we are less these were private lands, the private and that we have got to focus some at- than one-third of the way there in sector would have to clean it up. That tention and figure out the resources terms of the funding. One-third of the is the law. And we know about Super- that we need to get the job done. I ap- way there, and we are adding on all fund law and things like that. When it plaud the chairman for his work and these new communities. is the government they can take more conscientiousness in trying to see that And in looking at what the BRAC time and do it at their own pace, and we might be able to go some money in findings initially have projected, and particularly the military, because conference to address this problem. especially looking at the State of Con- their mission is to go fight military Mr. GINGREY. Mr. Chairman, I move necticut in terms of the cleanup, how battles. to strike the requisite number of drastically underestimated they have words. 1315 been in those areas as well. So these b Mr. Chairman, today I rise in support are very disturbing, and that is why I The last thing that you want to do is of the Blumenauer amendment that again thank the gentleman from Or- spend a lot of money just trying to would shift funding for the 2005 BRAC egon (Mr. BLUMENAUER) for raising this clean up the ground which is left be- round into accounts that would be used very important and thoughtful amend- hind. And on that ground, are some to finish the cleanup of all the installa- ment, a common-sense approach, that buildings that, I might add, are old tions closed in previous rounds, all of before we proceed to a fifth round, that buildings that have lead paint and as- which, by the way, occurred over 10 we make sure that we address these bestos in them which have to have cer- years ago. very important issues that impact all tain protocols for getting rid of the The Department of Defense is cur- of our communities. lead paint and asbestos. rently conducting a review of the mili- If we are going to have trust in this So unless this attention is given, tary’s overseas facility structure as process, as the gentleman has appro- what people do is they put this stuff on well as the upcoming Quadrennial De- priately pointed out, then Congress the back burner and say, that is expen- fense Review, the QDR. These are im- cannot abrogate its responsibility. It sive. Let us go at it slowly. We will not portant and very telling studies that has to assume that responsibility and have to appropriate enough money to have not yet been completed that will assure these communities that are it. You have communities now coming give us in Congress a much clearer pic- going to be impacted, if we are to pro- and begging to the military saying, ture of our military’s future landscape ceed in a strategic and very important, why do you not just give us the money. and needs; and meanwhile, we should common-sense approach to this issue. This is called a buy-out. I am working take the time to finish the job we Mr. FARR. Mr. Chairman, I move to on this in my own district to see if you started in the late 80s. strike the requisite number of words. can buy a buy-out so that the govern- Mr. Chairman, yesterday morning I Mr. Chairman, I rise in support of the ment can put up the money and the flew home to Marietta, Georgia, in my amendment to discuss it in a broad community will accept the responsi- district, where I had the pleasure of sense. I am also very supportive of our bility for getting it done. They may be meeting one of the nine BRAC commis- chairman, the gentleman from New able to get it done faster. They think sioners as he toured Naval Air Station York (Mr. WALSH). I am on the com- they can. Atlanta in the 11th district. While we

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.059 H26PT1 H4102 CONGRESSIONAL RECORD — HOUSE May 26, 2005 were there, a comment was made that proudly continues to play a vital role in Amer- after three efforts. The child care cen- the commander of the facility would ica’s military, commercial, and diplomatic rela- ter was closed down. An athletic field like to have rolled the 40-plus planes, tions with countries in the Pacific Rim and be- was denied access to athletes, and over Humvees, and Cobra helicopters out on yond. the fence, the back yard of the $10 mil- the tarmac for review, but they were However, I strongly believe that the military lion little bungalow of the Korean am- all deployed in the war on terror. must also follow practices espoused by par- bassador was all dug up because they Mr. Chairman, the DOD has rec- ents, teachers, and camp counselors alike: were trying to complete what they ommended that these assets be re- Leave any place you have visited cleaner than hoped might be the final cleanup of aligned elsewhere; yet I am concerned when you arrived. Along these lines, the this site within the boundaries of the that proper due diligence has not been United States Army Corps of Engineers is District of Columbia. There are 2,307 paid to consider the overall force struc- ready and willing to be better engaged in the sites around the country were formally ture needs of the military, the very cleanup process. Congress must now take the used sites. purpose of the QDR that will not be first step of appropriating sufficient funds for It is true that these amendments, as completed for months. this important action. the chairman says, may take a little If BRAC is to occur, I believe that it I again wish to commend the gentleman money away from the fifth round. It may slow it. I would be prepared to can be carried out in a much more ef- from Oregon (Mr. BLUMENAUER) for his contin- fective manner once we have a better ued diligent work on this important issue. I argue that in good faith that it is not idea about what the future holds. So look forward to working with him in the future going to slow it, but frankly, if we can- for that reason, I believe that we and urge my colleagues to support this impor- not keep faith with the people 18 years should allocate our scarce resources to tant, vital amendment for communities ago, maybe we should slow it down be- completing the cleanup necessary for throughout our country. fore we go to the districts in Georgia those communities already impacted The CHAIRMAN. The question is on and Connecticut and elsewhere around by BRAC to reclaim the land and put it the amendment offered by the gen- the country. But, in fact, I do not to good use. tleman from Oregon (Mr. think that will be the case. This program has been plagued by an Once again, Mr. Chairman, I fully BLUMENAUER). on-again off-again effort. We have not support the Blumenauer amendment. The question was taken; and the geared it up. We have not turned loose Mr. CASE. Mr. Chairman, on June 22, 2004, Chairman announced that the noes ap- the expertise in the military and in the I came to the floor of this house in support of peared to have it. private sector, people who could solve the gentleman from Oregon’s (Mr. Mr. BLUMENAUER. Mr. Chairman, I these problems if we had a guaranteed BLUMENAUER) amendment to the Fiscal Year demand a recorded vote. 2005 Defense Appropriations bill relative to stream of funding. The CHAIRMAN. Pursuant to clause If we did the research, we would find unexploded ordnance (UXO). I rise again 6 of rule XVIII, further proceedings on that more people would be in the busi- today in support of my colleague’s UXO the amendment offered by the gen- ness, the cost of the bids would go amendment. tleman from Oregon (Mr. BLUMENAUER) down, we would develop the tech- My home state of Hawaii is the perfect ex- will be postponed. nology, and not only would we remove ample of how and why funds for the cleanup AMENDMENT NO. 3 OFFERED BY MR. unexploded ordnance that is in every of UXO are very much needed. Several years BLUMENAUER State of the Union, but we would de- ago, the Department of Defense (DOD) identi- Mr. BLUMENAUER. Mr. Chairman, I velop technology that would make our fied over fifty DOD-registered locations in my offer an amendment. fighting men and women safer in Iraq state that have not been cleaned up. These The CHAIRMAN. The Clerk will des- and Afghanistan. It would make civil- sites continue to present significant and ongo- ignate the amendment. ians safer in Southeast Asia and in Af- ing public safety risks. The text of the amendment is as fol- rica and the Balkans. One of these locations is the Waikoloa/ lows: This is our responsibility, and we Waimea Formerly Used Defense Site (FUDS) Amendment No. 3 offered by Mr. have been missing in action too long as on my Island of Hawaii. The site includes over BLUMENAUER: a Congress. 137,000 acres and all or parts of the commu- Page 9, line 22, insert after the dollar The gentleman from New York (Mr. nities of Waikoloa and Waimea (Kamuela). amount the following: ‘‘(increased by WALSH) talks about the complexity of The U.S. Navy acquired the area in 1943 $55,000,000)’’. being able to survey large areas. It through licensing agreements for use as a Page 10, line 6, insert after the dollar takes time. But there is new tech- military training camp and artillery range. U.S. amount the following: ‘‘(reduced by $55,000,000)’’. nology that can speed it up. I have Marine Corps maneuvers and intensive live- been working with another sub- fire training included hand grenades, 4.2-inch Mr. BLUMENAUER. Mr. Chairman, committee to get funding for what is mortar, and 37 millimeter (mm), 75mm, it is my intention not to unduly delay called Wide Area Assessment. The De- 105mm, and 155mm high explosive shells. this effort. I will withdraw this amend- fense Science Board says if we would The first ordnance cleanup activity occurred ment at the end, but I want to finish spend a billion dollars over the next 5 in 1946. In 1954, military ordnance disposal the thought because I deeply appre- years, we could probably identify 8 mil- units began to identify and dispose of thou- ciate what my colleagues have men- lion acres or more that was not con- sands of munitions. The United States Army tioned referencing the unexploded ord- taminated. We could return it to be Corps of Engineers determined the site was nance issue. wildlife or redeveloped, or it could even eligible for the Defense Environmental Res- I want to agree with what the gen- be used for other military purposes. It toration Program Formerly Used Defense Site tleman from California (Mr. FARR) is an example of where, if we do our in 1992. said, the Department of Defense is job, we will save money, we will save An engineering evaluation/cost analysis, making tremendous progress dealing lives, we will advance technology, and completed in January 2002, designated the with cleanup of unexploded ordnance. it will move forward. entire property as a potential ordnance health This is a representative sample of the I deeply appreciate the time that has and safety risk. Eleven areas within property problem. I will tell you that this pic- been taken this afternoon for this dis- (48,000 acres) were determined to have the ture could have been taken at any of cussion. I appreciate the chairman and highest risk, including all of the Waikoloa Vil- dozens of sites around the country. ranking member for their engagement lage and the developing urban area from What is most distressing is that we do in this, for providing feedback to me Kawaihae to Waimea. In that analysis, the not know the full extent of all of the and my staff and others, for the assur- United States Army Corps of Engineers esti- unexploded ordnance that is our re- ances that in conference we will try to mated that the cost to complete the cleanup sponsibility. move some of this money around, that for the entire site is $653 million. A couple of years ago, I led a tour the El Toro money that could be used Mr. Chairman, our military plays a vital role with my colleague, the gentlewoman for additional naval cleanup. All this is in our society and throughout the world. My from the District of Columbia (Ms. great, but it is a drop in the bucket of state of Hawaii is the location for the regional NORTON), to the campus of American the overall problem. It is less than half headquarters of each of the service branches University where the toxic residue of of our obligation just for things that as well as the Pacific Command. Hawaii World War I was still being cleaned up we have already closed.

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.061 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4103 Mr. Chairman, as I said, I am going FACILITIES SUSTAINMENT, RESTORATION AND and debris of the Department of the Navy, or to withdraw this amendment. I appre- MODERNIZATION, NAVY for similar purposes, transfer the funds made ciate being able to make the point. I For expenses for facilities sustainment, available by this appropriation to other ap- look forward to working with the gen- restoration and modernization of the Navy, propriations made available to the Depart- $1,344,971,000. ment of the Navy, to be merged with and to tleman, but I would hope that our col- be available for the same purposes and for FACILITIES SUSTAINMENT, RESTORATION AND leagues will take this seriously because the same time period as the appropriations MODERNIZATION, MARINE CORPS it can have vast implications for mili- to which transferred: Provided further, That tary readiness, for the environment, For expenses for facilities sustainment, upon a determination that all or part of the and keeping faith with our commu- restoration and modernization of the Marine funds transferred from this appropriation are nities who expect that we will do our Corps, $553,960,000. not necessary for the purposes provided here- job. Today I hope we will take a step in FACILITIES SUSTAINMENT, RESTORATION AND in, such amounts may be transferred back to doing just that. MODERNIZATION, AIR FORCE this appropriation. Mr. Chairman, I ask unanimous con- For expenses for facilities sustainment, ENVIRONMENTAL RESTORATION, AIR FORCE sent to withdraw my amendment. restoration and modernization of the Air (INCLUDING TRANSFER OF FUNDS) The CHAIRMAN. Is there objection Force, $1,845,701,000. For the Department of the Air Force, to the request of the gentleman from FACILITIES SUSTAINMENT, RESTORATION AND $406,461,000, to remain available until trans- Oregon? MODERNIZATION, DEFENSE-WIDE ferred: Provided, That the Secretary of the There was no objection. For expenses for facilities sustainment, Air Force shall, upon determining that such funds are required for environmental res- The CHAIRMAN. The Clerk will read. restoration and modernization of the Depart- ment of Defense, $115,400,000. toration, reduction and recycling of haz- The Clerk read as follows: ardous waste, removal of unsafe buildings FACILITIES SUSTAINMENT, RESTORATION AND BASE REALIGNMENT AND CLOSURE ACCOUNT and debris of the Department of the Air MODERNIZATION, ARMY NATIONAL GUARD 2005 Force, or for similar purposes, transfer the For deposit into the Department of De- For expenses for facilities sustainment, funds made available by this appropriation fense Base Realignment and Closure Account restoration and modernization of the Army to other appropriations made available to 2005, established by section 2906A(a)(1) of the National Guard, $391,544,000. the Department of the Air Force, to be Defense Base Closure and Realignment Act FACILITIES SUSTAINMENT, RESTORATION AND merged with and to be available for the same of 1990 (10 U.S.C. 2687 note), $1,570,466,000, to MODERNIZATION, AIR NATIONAL GUARD purposes and for the same time period as the remain available until expended. For expenses for facilities sustainment, appropriations to which transferred: Provided BASIC ALLOWANCE FOR HOUSING, ARMY restoration and modernization of the Air Na- further, That upon a determination that all or part of the funds transferred from this ap- For basic allowance for housing, for mem- tional Guard, $184,791,000. propriation are not necessary for the pur- bers of the Army on active duty, FACILITIES SUSTAINMENT, RESTORATION AND poses provided herein, such amounts may be $3,945,392,000. MODERNIZATION, ARMY RESERVE transferred back to this appropriation. BASIC ALLOWANCE FOR HOUSING, NAVY For expenses for facilities sustainment, ENVIRONMENTAL RESTORATION, DEFENSE-WIDE For basic allowance for housing, for mem- restoration and modernization of the Army (INCLUDING TRANSFER OF FUNDS) bers of the Navy on active duty, Reserve, $204,370,000. $3,592,905,000. FACILITIES SUSTAINMENT, RESTORATION AND For the Department of Defense, $28,167,000, to remain available until transferred: Pro- BASIC ALLOWANCE FOR HOUSING, MARINE MODERNIZATION, NAVAL RESERVE vided, That the Secretary of Defense shall, CORPS For expenses for facilities sustainment, upon determining that such funds are re- restoration and modernization of the Naval For basic allowance for housing, for mem- quired for environmental restoration, reduc- Reserve, $67,788,000. bers of the Marine Corps on active duty, tion and recycling of hazardous waste, re- $1,179,071,000. FACILITIES SUSTAINMENT, RESTORATION AND moval of unsafe buildings and debris of the BASIC ALLOWANCE FOR HOUSING, AIR FORCE MODERNIZATION, MARINE CORPS RESERVE Department of Defense, or for similar pur- For basic allowance for housing, for mem- For expenses for facilities sustainment, poses, transfer the funds made available by bers of the Air Force on active duty, restoration and modernization of the Marine this appropriation to other appropriations $3,240,113,000. Corps Reserve, $10,105,000. made available to the Department of De- BASIC ALLOWANCE FOR HOUSING, ARMY FACILITIES SUSTAINMENT, RESTORATION AND fense, to be merged with and to be available NATIONAL GUARD MODERNIZATION, AIR FORCE RESERVE for the same purposes and for the same time period as the appropriations to which trans- For basic allowance for housing, for mem- For expenses for facilities sustainment, ferred: Provided further, That upon a deter- bers of the Army National Guard on active restoration and modernization of the Air mination that all or part of the funds trans- duty, $453,690,000. Force Reserve, $55,764,000. ferred from this appropriation are not nec- BASIC ALLOWANCE FOR HOUSING, AIR ENVIRONMENTAL RESTORATION, ARMY essary for the purposes provided herein, such NATIONAL GUARD (INCLUDING TRANSFER OF FUNDS) amounts may be transferred back to this ap- For basic allowance for housing, for mem- For the Department of the Army, propriation. bers of the Air National Guard on active $407,865,000, to remain available until trans- ENVIRONMENTAL RESTORATION, FORMERLY duty, $248,317,000. ferred: Provided, That the Secretary of the USED DEFENSE SITES BASIC ALLOWANCE FOR HOUSING, ARMY Army shall, upon determining that such (INCLUDING TRANSFER OF FUNDS) RESERVE funds are required for environmental res- For the Department of the Army, For basic allowance for housing, for mem- toration, reduction and recycling of haz- $221,921,000, to remain available until trans- bers of the Army Reserve on active duty, ardous waste, removal of unsafe buildings ferred: Provided, That the Secretary of the $310,566,000. and debris of the Department of the Army, Army shall, upon determining that such BASIC ALLOWANCE FOR HOUSING, NAVAL or for similar purposes, transfer the funds funds are required for environmental res- RESERVE made available by this appropriation to toration, reduction and recycling of haz- other appropriations made available to the For basic allowance for housing, for mem- ardous waste, removal of unsafe buildings Department of the Army, to be merged with bers of the Naval Reserve on active duty, and debris at sites formerly used by the De- and to be available for the same purposes $191,338,000. partment of Defense, transfer the funds made and for the same time period as the appro- available by this appropriation to other ap- BASIC ALLOWANCE FOR HOUSING, MARINE priations to which transferred: Provided fur- CORPS RESERVE propriations made available to the Depart- ther, That upon a determination that all or ment of the Army, to be merged with and to For basic allowance for housing, for mem- part of the funds transferred from this appro- be available for the same purposes and for bers of the Marine Corps Reserve on active priation are not necessary for the purposes the same time period as the appropriations duty, $40,609,000. provided herein, such amounts may be trans- to which transferred: Provided further, That BASIC ALLOWANCE FOR HOUSING, AIR FORCE ferred back to this appropriation. upon a determination that all or part of the RESERVE ENVIRONMENTAL RESTORATION, NAVY funds transferred from this appropriation are For basic allowance for housing, for mem- (INCLUDING TRANSFER OF FUNDS) not necessary for the purposes provided here- bers of the Air Force Reserve on active duty, For the Department of the Navy, in, such amounts may be transferred back to $71,286,000. $305,275,000, to remain available until trans- this appropriation. FACILITIES SUSTAINMENT, RESTORATION AND ferred: Provided, That the Secretary of the DEFENSE HEALTH PROGRAM MODERNIZATION, ARMY Navy shall, upon determining that such For expenses, not otherwise provided for, For expenses for facilities sustainment, funds are required for environmental res- for medical and health care programs of the restoration and modernization of the Army, toration, reduction and recycling of haz- Department of Defense, as authorized by law, $1,850,518,000. ardous waste, removal of unsafe buildings $19,983,912,000, of which $19,184,537,000 shall be

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for operation and maintenance, of which not stallation overseas without prior notifica- (TRANSFER OF FUNDS) to exceed 2 percent shall remain available tion to the Committees on Appropriations of SEC. 119. In addition to any other transfer until September 30, 2007, and of which up to both Houses of Congress. authority available to the Department of De- $10,212,427,000 may be available for contracts SEC. 111. None of the funds made available fense, proceeds deposited to the Department entered into under the TRICARE program; of in this title may be obligated for architect of Defense Base Closure Account established which $355,119,000, to remain available for ob- and engineer contracts estimated by the by section 207(a)(1) of the Defense Authoriza- ligation until September 30, 2008, shall be for Government to exceed $500,000 for projects to tion Amendments and Base Closure and Re- procurement; and of which $444,256,000, to re- be accomplished in Japan, in any NATO alignment Act (10 U.S.C. 2687 note) pursuant member country, or in countries bordering main available for obligation until Sep- to section 207(a)(2)(C) of such Act, may be the Arabian Sea, unless such contracts are tember 30, 2007, shall be for research, devel- transferred to the account established by awarded to United States firms or United opment, test and evaluation: Provided, That section 2906(a)(1) of the Defense Base Closure States firms in joint venture with host na- notwithstanding any other provision of law, and Realignment Act of 1990 (10 U.S.C. 2687 tion firms. of the amount made available under this note), to be merged with, and to be available heading for research, development, test and SEC. 112. None of the funds made available in this title for military construction in the for the same purposes and the same time pe- evaluation, not less than $7,500,000 shall be riod as that account. available for HIV prevention educational ac- United States territories and possessions in (TRANSFER OF FUNDS) tivities undertaken in connection with U.S. the Pacific and on Kwajalein Atoll, or in military training, exercises, and humani- countries bordering the Arabian Sea, may be SEC. 120. Subject to 30 days prior notifica- tarian assistance activities conducted pri- used to award any contract estimated by the tion to the Committees on Appropriations of marily in African nations. Government to exceed $1,000,000 to a foreign both Houses of Congress, such additional contractor: Provided, That this section shall amounts as may be determined by the Sec- ADMINISTRATIVE PROVISIONS not be applicable to contract awards for retary of Defense may be transferred to: (1) SEC. 101. None of the funds made available which the lowest responsive and responsible the Department of Defense Family Housing in this title shall be expended for payments bid of a United States contractor exceeds the Improvement Fund from amounts appro- under a cost-plus-a-fixed-fee contract for lowest responsive and responsible bid of a priated for construction in ‘‘Family Hous- construction, where cost estimates exceed foreign contractor by greater than 20 per- ing’’ accounts, to be merged with and to be $25,000, to be performed within the United cent: Provided further, That this section shall available for the same purposes and for the States, except Alaska, without the specific not apply to contract awards for military same period of time as amounts appropriated approval in writing of the Secretary of De- construction on Kwajalein Atoll for which directly to the Fund; or (2) the Department fense setting forth the reasons therefor. the lowest responsive and responsible bid is of Defense Military Unaccompanied Housing SEC. 102. Funds appropriated in this title submitted by a Marshallese contractor. Improvement Fund from amounts appro- for construction shall be available for hire of SEC. 113. The Secretary of Defense is to in- priated for construction of military unac- passenger motor vehicles. form the appropriate committees of both companied housing in ‘‘Military Construc- SEC. 103. Funds appropriated in this title Houses of Congress, including the Commit- tion’’ accounts, to be merged with and to be for construction may be used for advances to tees on Appropriations, of the plans and available for the same purposes and for the the Federal Highway Administration, De- scope of any proposed military exercise in- same period of time as amounts appropriated partment of Transportation, for the con- volving United States personnel 30 days prior directly to the Fund: Provided, That appro- struction of access roads as authorized by to its occurring, if amounts expended for priations made available to the Funds shall section 210 of title 23, United States Code, construction, either temporary or perma- be available to cover the costs, as defined in when projects authorized therein are cer- nent, are anticipated to exceed $100,000. section 502(5) of the Congressional Budget SEC. 114. Not more than 20 percent of the tified as important to the national defense Act of 1974, of direct loans or loan guaran- funds made available in this title which are by the Secretary of Defense. tees issued by the Department of Defense limited for obligation during the current fis- SEC. 104. None of the funds made available pursuant to the provisions of subchapter IV cal year shall be obligated during the last 2 in this title may be used to begin construc- of chapter 169 of title 10, United States Code, months of the fiscal year. tion of new bases in the United States for pertaining to alternative means of acquiring which specific appropriations have not been (TRANSFER OF FUNDS) and improving military family housing, mili- made. SEC. 115. Funds appropriated to the Depart- tary unaccompanied housing, and supporting SEC. 105. None of the funds made available ment of Defense for construction in prior facilities. in this title shall be used for purchase of years shall be available for construction au- SEC. 121. None of the funds made available land or land easements in excess of 100 per- thorized for each such military department in this title may be obligated for Partnership cent of the value as determined by the Army by the authorizations enacted into law dur- for Peace Programs in the New Independent Corps of Engineers or the Naval Facilities ing the current session of Congress. States of the former Soviet Union. Engineering Command, except: (1) where SEC. 116. For military construction or fam- SEC. 122. (a) Not later than 60 days before there is a determination of value by a Fed- ily housing projects that are being com- issuing any solicitation for a contract with eral court; (2) purchases negotiated by the pleted with funds otherwise expired or lapsed the private sector for military family hous- Attorney General or the designee of the At- for obligation, expired or lapsed funds may ing the Secretary of the military department torney General; (3) where the estimated be used to pay the cost of associated super- concerned shall submit to the Committees value is less than $25,000; or (4) as otherwise vision, inspection, overhead, engineering and on Appropriations of both Houses of Con- determined by the Secretary of Defense to be design on those projects and on subsequent gress the notice described in subsection (b). in the public interest. claims, if any. (b)(1) A notice referred to in subsection (a) SEC. 106. None of the funds made available SEC. 117. Notwithstanding any other provi- is a notice of any guarantee (including the in this title shall be used to: (1) acquire land; sion of law, any funds appropriated to a mili- making of mortgage or rental payments) (2) provide for site preparation; or (3) install tary department or defense agency for the proposed to be made by the Secretary to the utilities for any family housing, except hous- construction of military projects may be ob- private party under the contract involved in ing for which funds have been made available ligated for a military construction project or the event of— in annual Acts making appropriations for contract, or for any portion of such a project (A) the closure or realignment of the in- military construction. or contract, at any time before the end of stallation for which housing is provided SEC. 107. None of the funds made available the fourth fiscal year after the fiscal year for under the contract; in this title for minor construction may be which funds for such project were appro- (B) a reduction in force of units stationed used to transfer or relocate any activity priated if the funds obligated for such at such installation; or from one base or installation to another, project: (1) are obligated from funds avail- (C) the extended deployment overseas of without prior notification to the Committees able for military construction projects; and units stationed at such installation. on Appropriations of both Houses of Con- (2) do not exceed the amount appropriated (2) Each notice under this subsection shall gress. for such project, plus any amount by which specify the nature of the guarantee involved SEC. 108. None of the funds made available the cost of such project is increased pursuant and assess the extent and likelihood, if any, in this title may be used for the procurement to law. of the liability of the Federal Government of steel for any construction project or activ- SEC. 118. The Secretary of Defense is to with respect to the guarantee. ity for which American steel producers, fab- provide the Committees on Appropriations of ricators, and manufacturers have been de- both Houses of Congress with an annual re- (TRANSFER OF FUNDS) nied the opportunity to compete for such port by February 15, containing details of SEC. 123. In addition to any other transfer steel procurement. the specific actions proposed to be taken by authority available to the Department of De- SEC. 109. None of the funds available to the the Department of Defense during the cur- fense, amounts may be transferred from the Department of Defense for military con- rent fiscal year to encourage other member account established by section 2906(a)(1) of struction or family housing during the cur- nations of the North Atlantic Treaty Organi- the Defense Base Closure and Realignment rent fiscal year may be used to pay real zation, Japan, Korea, and United States al- Act of 1990 (10 U.S.C. 2687 note), to the fund property taxes in any foreign nation. lies bordering the Arabian Sea to assume a established by section 1013(d) of the Dem- SEC. 110. None of the funds made available greater share of the common defense burden onstration Cities and Metropolitan Develop- in this title may be used to initiate a new in- of such nations and the United States. ment Act of 1966 (42 U.S.C. 3374) to pay for

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.024 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4105 expenses associated with the Homeowners service for care received when a patient is benefits as authorized by law (38 U.S.C. 107, Assistance Program. Any amounts trans- referred to a provider of inpatient mental 1312, 1977, and 2106, chapters 23, 51, 53, 55, and ferred shall be merged with and be available health care or residential treatment care by 61; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), for the same purposes and for the same time a medical or health care professional having $33,412,879,000, to remain available until ex- period as the fund to which transferred. an economic interest in the facility to which pended: Provided, That not to exceed SEC. 124. Notwithstanding this or any other the patient is referred: Provided, That this $23,491,000 of the amount appropriated under provision of law, funds made available in this limitation does not apply in the case of inpa- this heading shall be reimbursed to ‘‘General title for operation and maintenance of fam- tient mental health services provided under operating expenses’’ and ‘‘Medical services’’ ily housing shall be the exclusive source of the program for persons with disabilities for necessary expenses in implementing the funds for repair and maintenance of all fam- under subsection (d) of section 1079 of title provisions of chapters 51, 53, and 55 of title ily housing units, including general or flag 10, United States Code, provided as partial 38, United States Code), the funding source officer quarters: Provided, That not more hospital care, or provided pursuant to a for which is specifically provided as the than $35,000 per unit may be spent annually waiver authorized by the Secretary of De- ‘‘Compensation and pensions’’ appropriation: for the maintenance and repair of any gen- fense because of medical or psychological Provided further, That such sums as may be eral or flag officer quarters without 30 days circumstances of the patient that are con- earned on an actual qualifying patient basis, prior notification to the Committees on Ap- firmed by a health professional who is not a shall be reimbursed to ‘‘Medical facilities re- propriations of both Houses of Congress, ex- Federal employee after a review, pursuant to volving fund’’ to augment the funding of in- cept that an after-the-fact notification shall rules prescribed by the Secretary, which dividual medical facilities for nursing home be submitted if the limitation is exceeded takes into account the appropriate level of care provided to pensioners as authorized. solely due to costs associated with environ- care for the patient, the intensity of services AMENDMENT OFFERED BY MR. OBEY mental remediation that could not be rea- required by the patient, and the availability Mr. OBEY. Mr. Chairman, I offer an sonably anticipated at the time of the budg- of that care. amendment. SEC. 130. The Secretary of Defense, in co- et submission: Provided further, That the The Clerk read as follows: Under Secretary of Defense (Comptroller) is ordination with the Secretary of Health and to report annually to the Committees on Ap- Human Services, may carry out a program to Amendment offered by Mr. OBEY: propriations of both Houses of Congress all distribute surplus dental and medical equip- Page 31, line 1, relating to VA compensa- operation and maintenance expenditures for ment of the Department of Defense, at no tion and pensions, insert after the dollar each individual general or flag officer quar- cost to the Department of Defense, to Indian amount the following: ‘‘(increased by ters for the prior fiscal year. Health Service facilities and to federally- $26,000,000)’’. Page 34, line 21, relating to VA medical SEC. 125. None of the funds made available qualified health centers (within the meaning services, insert after the dollar amount the in this title under the heading ‘‘North Atlan- of section 1905(l)(2)(B) of the Social Security following: ‘‘(increased by $1,500,000,000)’’. tic Treaty Organization Security Investment Act (42 U.S.C. 1396d(l)(2)(B))). Page 36, line 9, relating to VA medical ad- Program’’, and no funds appropriated for any SEC. 131. None of the funds made available ministration, insert after the dollar amount fiscal year before fiscal year 2006 for that in this title may be used to carry out a mili- the following: ‘‘(increased by $500,000,000)’’. tary construction project, land acquisition, program that remain available for obliga- Page 37, line 1, relating to VA medical fa- or family housing project for a military in- tion, may be obligated or expended for the cilities, insert after the dollar amount the stallation approved for closure in 2005 under conduct of studies of missile defense. following: ‘‘(increased by $300,000,000)’’. SEC. 126. Whenever the Secretary of De- the Defense Base Closure and Realignment Page 37, line 8, relating to VA medical and fense or any other official of the Department Act of 1990 (part A of title XXIX of Public prosthetic research, insert after the dollar of Defense is requested by the subcommittee Law 101–510; 10 U.S.C. 2687 note), and the Sec- amount the following: ‘‘(increased by on Military Quality of Life and Veterans Af- retary of Defense may not transfer funds ap- $67,000,000)’’. fairs, and Related Agencies of the Com- propriated for such a military construction Page 37, line 20, relating to VA general op- mittee on Appropriations of the House of project, land acquisition, or family housing erating expense, insert after the dollar Representatives or the subcommittee on project to another account or use such funds amount the following: ‘‘(increased by Military Construction and Veterans Affairs, for another purpose or project without the $11,000,000)’’. and Related Agencies of the Committee on approval of the Committees on Appropria- Page 39, line 16, relating to major con- Appropriations of the Senate to respond to a tions of both Houses of Congress. struction projects, insert after the dollar question or inquiry submitted by the chair- SEC. 132. None of the funds in this title for amount the following: ‘‘(increased by man or another member of that sub- operation, maintenance, or repair of housing $150,000,000)’’. committee pursuant to a subcommittee for general officers and flag officers in the Page 41, line 11, relating to minor con- hearing or other activity, the Secretary (or National Capital Region may be used until struction projects, insert after the dollar other official) shall respond to the request, the Department of Defense submits the re- amount the following: ‘‘(increased by in writing, within 21 days of the date on port required by section 2802(c) of the Mili- $51,000,000)’’. which the request is transmitted to the Sec- tary Construction Authorization Act for Fis- At the end of the bill (before the short retary (or other official). cal Year 2005. title) add the following new section: SEC. 127. Amounts contained in the Ford Mr. WALSH. Mr. Chairman, I ask SEC. 409. In the case of taxpayers with an Island Improvement Account established by unanimous consent that the remainder adjusted gross income in excess of $1,000,000 subsection (h) of section 2814 of title 10, of title I be considered as read, printed for taxable year 2006, the amount of tax re- United States Code, are appropriated and duction resulting from the enactment of the shall be available until expended for the pur- in the RECORD, and open to amendment Economic Growth and Tax Relief Reconcili- poses specified in subsection (i)(1) of such at any point. ation Act of 2001 (Public Law 107–16) and the section or until transferred pursuant to sub- The CHAIRMAN. Is there objection Jobs and Growth Tax Relief Reconciliation section (i)(3) of such section. to the request of the gentleman from Act of 2003 (Public Law 108–27) shall be re- (TRANSFER OF FUNDS) New York? duced by 8.125 percent. SEC. 128. During the 5-year period after ap- There was no objection. Mr. OBEY (during the reading). Mr. propriations available to the Department of The CHAIRMAN. The Clerk will read. Chairman, I ask unanimous consent Defense for military construction and family The Clerk read as follows: that the amendment be considered as housing operation and maintenance and con- TITLE II read and printed in the RECORD. struction have expired for obligation, upon a DEPARTMENT OF VETERANS AFFAIRS The CHAIRMAN. Is there objection determination that such appropriations will VETERANS BENEFITS ADMINISTRATION to the request of the gentleman from not be necessary for the liquidation of obli- gations or for making authorized adjust- COMPENSATION AND PENSIONS Wisconsin? ments to such appropriations for obligations (INCLUDING TRANSFER OF FUNDS) There was no objection. incurred during the period of availability of For the payment of compensation benefits Mr. WALSH. Mr. Chairman, I reserve such appropriations, unobligated balances of to or on behalf of veterans and a pilot pro- a point of order on the amendment. such appropriations may be transferred into gram for disability examinations as author- The CHAIRMAN. A point of order is the appropriation, ‘‘Foreign Currency Fluc- ized by law (38 U.S.C. 107, chapters 11, 13, 18, reserved. tuations, Construction, Defense,’’ to be 51, 53, 55, and 61); pension benefits to or on Mr. OBEY. Mr. Chairman, let me merged with and to be available for the same behalf of veterans as authorized by law (38 simply explain the amendment. time period and for the same purposes as the U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. As I discussed earlier, under existing appropriation to which transferred. 2508); and burial benefits, emergency and law given the tax cuts that the Con- SEC. 129. None of the funds appropriated in other officers’ retirement pay, adjusted-serv- gress has passed this year, persons this title available for the Civilian Health ice credits and certificates, payment of pre- and Medical Program of the Uniformed Serv- miums due on commercial life insurance making a million dollars or more will ices (CHAMPUS) or TRICARE shall be avail- policies guaranteed under the provisions of on average get a tax cuts of $140,000. able for the reimbursement of any health title IV of the Servicemembers Civil Relief Meanwhile, we have a significant care provider for inpatient mental health Act (50 U.S.C. App. 540 et seq.) and for other squeeze on veterans funding.

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.024 H26PT1 H4106 CONGRESSIONAL RECORD — HOUSE May 26, 2005 Very briefly, my amendment would bling the House to avoid facing those States Code, $580,000, which may be trans- simply scale back the size of those tax trade-offs. ferred to and merged with the appropriation cuts from $140,000 to $129,000. It would I think that is unfortunate because it for ‘‘General operating expenses’’: Provided, prevents the House from making value That no new loans in excess of $30,000,000 use the $2.6 billion saved by that action may be made in fiscal year 2006. to add funding to a number of accounts judgments that would put veterans’ GUARANTEED TRANSITIONAL HOUSING LOANS for veterans health care. It would add health care, for instance, higher in our FOR HOMELESS VETERANS PROGRAM ACCOUNT $1.5 billion more for medical services value structure than a $140,000 tax cut For the administrative expenses to carry for returning veterans. It would add for somebody making $1 million. out the guaranteed transitional housing loan $500 million more for increased medical I cannot deny that under the rules of program authorized by subchapter VI of administrative costs. It would add $300 the House, as they are being pursued chapter 37, of title 38, United States Code, million to keep the VA medical facili- under the Budget Act, this amendment not to exceed $750,000 of the amounts appro- ties up and running by refurbishing is not in order. And so, Mr. Chairman, priated by this Act for ‘‘General operating them. It would add $67 million for VA I regretfully concede the point of order. expenses’’ and ‘‘Medical administration’’ may be expended. medical and prosthetic research; $201 The CHAIRMAN. The point of order million to build medical clinics and is conceded and sustained. The amend- VETERANS HEALTH ADMINISTRATION long-term care facilities; and $37 mil- ment is not in order. MEDICAL SERVICES lion for general administrative costs to The Clerk will read. For necessary expenses for furnishing, as The Clerk read as follows: authorized by law, inpatient and outpatient assist veterans in receiving the prompt care and treatment to beneficiaries of the attention they deserve. READJUSTMENT BENEFITS Department of Veterans Affairs and veterans As has been indicated, the rule that For the payment of readjustment and reha- described in section 1705(a) of title 38, United was adopted precludes this amendment bilitation benefits to or on behalf of veterans States Code, including care and treatment in from being, or I should put it this way, as authorized by law (38 U.S.C. chapters 21, facilities not under the jurisdiction of the the rule that is offered makes this 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), Department, and including medical supplies amendment subject to a point of order. $3,214,246,000, to remain available until ex- and equipment and salaries and expenses of That means that it cannot be consid- pended: Provided, That expenses for health-care employees hired under title 38, rehabilitiation program services and assist- United States Code, and aid to State homes ered unless a point of order is not ance which the Secretary is authorized to as authorized by section 1741 of title 38, lodged against it. provide under section 3104(a) of title 38, United States Code; $20,995,141,000, plus reim- I would hope that the majority would United States Code, other than under sub- bursements, of which not less than not lodge a point of order against it so section (a)(1), (2), (5), and (11) of that section, $2,200,000,000 shall be expended for specialty that we might adjust so very slightly shall be charged to this account. mental health care: Provided, That of the the tax cut for those who are already VETERANS INSURANCE AND INDEMNITIES funds made available under this heading, not to exceed $1,100,000,000 shall be available the most fortunate people in our soci- For military and naval insurance, national until September 30, 2007: Provided further, ety economically, and allow this service life insurance, servicemen’s indem- That, notwithstanding any other provision money to be added for veterans health nities, service-disabled veterans insurance, of law, the Secretary of Veterans Affairs and veterans mortgage life insurance as au- care. shall establish a priority for treatment for thorized by 38 U.S.C. chapter 19; 70 Stat. 887; I do not want to take any more of the veterans who are service-connected disabled, 72 Stat. 487, $45,907,000, to remain available House’s time. I would simply urge an lower income, or have special needs: Provided until expended. ‘‘aye’’ vote in the event that a point of further, That, notwithstanding any other order is not lodged against the amend- VETERANS HOUSING BENEFIT PROGRAM FUND provision of law, the Secretary of Veterans ment. PROGRAM ACCOUNT Affairs shall give priority funding for the (INCLUDING TRANSFER OF FUNDS) provision of basic medical benefits to vet- b 1330 For the cost of direct and guaranteed erans in enrollment priority groups 1 POINT OF ORDER loans, such sums as may be neccessary to through 6: Provided further, That, notwith- Mr. WALSH. Mr. Chairman, I make a carry out the program, as authorized by 38 standing any other provision of law, the Sec- U.S.C. chapter 37: Provided, That such costs, retary of Veterans Affairs may authorize the point of order against the amendment dispensing of prescription drugs from Vet- because it proposes to change existing including the cost of modifying such loans, shall be as defined in section 502 of the Con- erans Health Administration facilities to en- law and constitutes legislation on an gressional Budget Act of 1974: Provided fur- rolled veterans with privately written pre- appropriations bill and, therefore, vio- ther, That during fiscal year 2005, within the scriptions based on requirements established lates clause 2 of rule XXI. The rule resources available, not to exceed $500,000 in by the Secretary: Provided further, That the states in pertinent part: An amend- gross obligations for direct loans are author- implementation of the program described in ment to a general appropriation bill ized for specially adapted housing loans. the previous proviso shall incur no addi- shall not be in order if changing exist- In addition, for administrative expenses to tional cost to the Department of Veterans carrry out the direct and guaranteed loan Affairs: Provided further, That for the Depart- ing law. The amendment does indeed ment of Defense/Department of Veterans Af- change the application of existing law. programs, $153,575,000, which may be trans- ferred to and merged with the appropriation fairs Health Care Sharing Incentive Fund, as The gentleman from Wisconsin has for ‘‘General operating expenses’’. authorized by section 721 of Public Law 107– served for many, many years with dis- 314, a minimum of $15,000,000, to remain VOCATIONAL REHABILITATION LOANS PROGRAM available until expended, for the purposes tinction on the Committee on Appro- ACCOUNT priations. He knows full well the pow- authorized by section 8111 of title 38, United (INCLUDING TRANSFER OF FUNDS) ers of the Committee on Appropria- States Code. For the cost of direct loans, $53,000, as au- MEDICAL ADMINISTRATION tions. This is not one of them. The thorized by chapter 31 of title 38, United ability to manipulate and change the For necessary expenses in the administra- States Code: Provided, That such costs, in- tion of the medical, hospital, nursing home, Tax Code is not within our jurisdiction. cluding the cost of modifying such loans, So, Mr. Chairman, with that, I insist domiciliary, construction, supply, and re- shall be as defined in section 502 of the Con- search activities, as authorized by law; ad- on the point of order and I ask for a gressional Budget Act of 1974: Provided fur- ministrative expenses in support of capital ruling from the Chair. ther, That these funds under this heading are policy activities; information technology The CHAIRMAN. Does anyone else available to subsidize gross obligations for hardware and software; uniforms or allow- wish to be heard on the point of order? the principal amount of direct loans not to ances therefor, as authorized by sections Mr. OBEY. Yes, Mr. Chairman. exceed $4,242,000. 5901–5902 of title 5, United States Code; ad- In addition, for administrative expenses Mr. Chairman, the purpose of the ministrative and legal expenses of the De- necessary to carry out the direct loan pro- partment for collecting and recovering Budget Act, when it was passed several gram, $305,000, which may be transferred to decades ago, was to force Congress to amounts owed the Department as authorized and merged with the appropriation for ‘‘Gen- under chapter 17 of title 38, United States make trade-offs between different eral operating expenses’’. Code, and the Federal Medical Care Recovery spending programs and between reve- NATIVE AMERICAN VETERAN HOUSING LOAN Act (42 U.S.C. 2651 et seq.); $4,134,874,000, plus nues and spending. The problem is that PROGRAM ACCOUNT reimbursements, of which $250,000,000 shall the way the Budget Act is being used (INCLUDING TRANSFER OF FUNDS) be available until September 30, 2007. these days, instead of forcing the Con- For administrative expenses to carry out MEDICAL FACILITIES gress to face those trade-offs, the proc- the direct loan program authorized by sub- For necessary expenses for the mainte- ess is being segmented, thereby ena- chapter V of chapter 37 of title 38, United nance and operation of hospitals, nursing

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.068 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4107 homes, and domiciliary facilities and other fairs, or for any of the purposes set forth in trophe; and (2) temporary measures nec- necessary facilities for the Veterans Health sections 316, 2404, 2406, 8102, 8103, 8106, 8108, essary to prevent or to minimize further loss Administration; for administrative expenses 8109, 8110, and 8122 of title 38, United States by such causes. in support of planning, design, project man- Code, including planning, architectural and GRANTS FOR CONSTRUCTION OF STATE agement, real property acquisition and dis- engineering services, maintenance or guar- EXTENDED CARE FACILITIES position, construction and renovation of any antee period services costs associated with For grants to assist States to acquire or facility under the jurisdiction or for the use equipment guarantees provided under the construct State nursing home and domi- of the Department; for oversight, engineer- project, services of claims analysts, offsite ciliary facilities and to remodel, modify or ing and architectural activities not charged utility and storm drainage system construc- alter existing hospital, nursing home and to project costs; for repairing, altering, im- tion costs, and site acquisition, where the es- domiciliary facilities in State homes, for fur- proving or providing facilities in the several timated cost of a project is more than the nishing care to veterans as authorized by hospitals and homes under the jurisdiction of amount set forth in section 8104(a)(3)(A) of sections 8131–8137 of title 38, United States the Department, not otherwise provided for, title 38, United States Code, or where funds Code, $25,000,000, to remain available until either by contract or by the hire of tem- for a project were made available in a pre- expended. porary employees and purchase of materials; vious major project appropriation, GRANTS FOR THE CONSTRUCTION OF for leases of facilities; and for laundry and $607,100,000, to remain available until ex- STATE VETERANS CEMETERIES food services, $3,297,669,000, plus reimburse- pended, of which $532,010,000 shall be for Cap- For grants to aid States in establishing, ments, of which $250,000,000 shall be available ital Asset Realignment for Enhanced Serv- expanding, or improving State veterans until September 30, 2007. ices (CARES) activities; and of which cemeteries as authorized by section 2408 of $8,091,000 shall be to make reimbursements MEDICAL AND PROSTHETIC RESEARCH title 38, United States Code, $32,000,000, to re- as provided in section 13 of the Contract Dis- For necessary expenses in carrying out main available until expended. putes Act of 1978 (41 U.S.C. 612) for claims programs of medical and prosthetic research paid for contract disputes: Provided, That ex- ADMINISTRATIVE PROVISIONS and development as authorized by chapter 73 cept for advance planning activities, includ- (INCLUDING TRANSFER OF FUNDS) of title 38, United States Code, to remain ing needs assessments which may or may not SEC. 201. Any appropriation for fiscal year available until September 30, 2007, lead to capital investments, and other cap- 2006 for ‘‘Compensation and pensions’’, ‘‘Re- $393,000,000, plus reimbursements. ital asset management related activities, adjustment benefits’’, and ‘‘Veterans insur- DEPARTMENTAL ADMINISTRATION such as portfolio development and manage- ance and indemnities’’ may be transferred to GENERAL OPERATING EXPENSES ment activities, and investment strategy any other of the mentioned appropriations. For necessary operating expenses of the studies funded through the advance planning SEC. 202. Appropriations available in this Department of Veterans Affairs, not other- fund and the planning and design activities title for salaries and expenses shall be avail- wise provided for, including administrative funded through the design fund and CARES able for services authorized by section 3109 of expenses in support of Department-wide cap- funds, including needs assessments which title 5, United States Code, hire of passenger ital planning, management and policy activi- may or may not lead to capital investments, motor vehicles; lease of a facility or land or ties, uniforms or allowances therefor; not to none of the funds appropriated under this both; and uniforms or allowances therefore, exceed $25,000 for official reception and rep- heading shall be used for any project which as authorized by sections 5901–5902 of such resentation expenses; hire of passenger has not been approved by the Congress in the title. motor vehicles; and reimbursement of the budgetary process: Provided further, That SEC. 203. No appropriations in this title General Services Administration for security funds provided in this appropriation for fis- (except the appropriations for ‘‘Construc- guard services, and the Department of De- cal year 2006, for each approved project (ex- tion, major projects’’, and ‘‘Construction, fense for the cost of overseas employee mail, cept those for CARES activities referenced minor projects’’) shall be available for the $1,411,827,000: Provided, That expenses for above) shall be obligated: (1) by the awarding purchase of any site for or toward the con- services and assistance authorized under of a construction documents contract by struction of any new hospital or home. SEC. 204. No appropriations in this title paragraphs (1), (2), (5), and (11) of section September 30, 2006; and (2) by the awarding shall be available for hospitalization or ex- 3104(a) of title 38, United States Code, that of a construction contract by September 30, amination of any persons (except bene- the Secretary determines are necessary to 2007: Provided further, That the Secretary of ficiaries entitled under the laws bestowing enable entitled veterans: (1) to the maximum Veterans Affairs shall promptly report in such benefits to veterans, and persons receiv- extent feasible, to become employable and to writing to the Committees on Appropria- ing such treatment under sections 7901–7904 obtain and maintain suitable employment; tions of the House of Representatives and of title 5, United States Code or the Robert or (2) to achieve maximum independence in Senate any approved major construction T. Stafford Disaster Relief and Emergency daily living, shall be charged to this account: project in which obligations are not incurred Assistance Act (42 U.S.C. 5121 et seq.)), unless Provided further, That the Veterans Benefits within the time limitations established reimbursement of cost is made to the ‘‘Med- Administration shall be funded at not less above. ical services’’ account at such rates as may than $1,086,938,000: Provided further, That of CONSTRUCTION, MINOR PROJECTS be fixed by the Secretary of Veterans Affairs. the funds made available under this heading, For constructing, altering, extending, and SEC. 205. Appropriations available in this not to exceed $70,000,000 shall be available for improving any of the facilities including title for ‘‘Compensation and pensions’’, ‘‘Re- obligation until September 30, 2007: Provided parking projects under the jurisdiction or for adjustment benefits’’, and ‘‘Veterans insur- further, That from the funds made available the use of the Department of Veterans Af- ance and indemnities’’ shall be available for under this heading, the Veterans Benefits fairs, including planning and assessments of payment of prior year accrued obligations Administration may purchase up to two pas- needs which may lead to capital invest- required to be recorded by law against the senger motor vehicles for use in operations ments, architectural and engineering serv- corresponding prior year accounts within the of that Administration in Manila, Phil- ices, maintenance or guarantee period serv- last quarter of fiscal year 2005. ippines. ices costs associated with equipment guaran- SEC. 206. Appropriations available in this NATIONAL CEMETERY ADMINISTRATION tees provided under the project, services of title shall be available to pay prior year obli- For necessary expenses of the National claims analysts, offsite utility and storm gations of corresponding prior year appro- Cemetery Administration for operations and drainage system construction costs, and site priations accounts resulting from sections maintenance, not otherwise provided for, in- acquisition, or for any of the purposes set 3328(a), 3334, and 3712(a) of title 31, United cluding uniforms or allowances therefor; forth in sections 316, 2404, 2406, 8102, 8103, States Code, except that if such obligations cemeterial expenses as authorized by law; 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, are from trust fund accounts they shall be purchase of one passenger motor vehicle for United States Code, where the estimated payable from ‘‘Compensation and pensions’’. use in cemeterial operations; and hire of pas- cost of a project is equal to or less than the SEC. 207. Notwithstanding any other provi- senger motor vehicles, $156,447,000: Provided, amount set forth in section 8104(a)(3)(A) of sion of law, during fiscal year 2006, the Sec- That of the funds made available under this title 38, United States Code, $208,937,000, to retary of Veterans Affairs shall, from the heading, not to exceed $7,800,000 shall be remain available until expended, along with National Service Life Insurance Fund (38 available until September 30, 2007. unobligated balances of previous ‘‘Construc- U.S.C. 1920), the Veterans’ Special Life Insur- OFFICE OF INSPECTOR GENERAL tion, minor projects’’ appropriations which ance Fund (38 U.S.C. 1923), and the United are hereby made available for any project States Government Life Insurance Fund (38 For necessary expenses of the Office of In- where the estimated cost is equal to or less U.S.C. 1955), reimburse the ‘‘General oper- spector General in carrying out the provi- than the amount set forth in such section, of ating expenses’’ account for the cost of ad- sions of the Inspector General Act of 1978, which $160,000,000 shall be for Capital Asset ministration of the insurance programs fi- $70,174,000, to remain available until Sep- Realignment for Enhanced Services (CARES) nanced through those accounts: Provided, tember 30, 2007. activities: Provided, That funds in this ac- That reimbursement shall be made only from CONSTRUCTION, MAJOR PROJECTS count shall be available for: (1) repairs to the surplus earnings accumulated in an in- For constructing, altering, extending and any of the nonmedical facilities under the surance program in fiscal year 2006 that are improving any of the facilities including jurisdiction or for the use of the Department available for dividends in that program after parking projects under the jurisdiction or for which are necessary because of loss or dam- claims have been paid and actuarially deter- the use of the Department of Veterans Af- age caused by any natural disaster or catas- mined reserves have been set aside: Provided

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.027 H26PT1 H4108 CONGRESSIONAL RECORD — HOUSE May 26, 2005 further, That if the cost of administration of improvements of any medical facility under ments outside of the United States and its an insurance program exceeds the amount of the jurisdiction or for the use of the Depart- territories and possessions; rent of office and surplus earnings accumulated in that pro- ment of Veterans Affairs. Such sums as real- garage space in foreign countries; purchase gram, reimbursement shall be made only to ized are in addition to the amount provided (one for replacement only) and hire of pas- the extent of such surplus earnings: Provided for in ‘‘Construction, major projects’’ and senger motor vehicles; not to exceed $7,500 further, That the Secretary shall determine ‘‘Construction, minor projects’’. for official reception and representation ex- the cost of administration for fiscal year 2006 SEC. 215. Amounts made available under penses; and insurance of official motor vehi- which is properly allocable to the provision ‘‘Medical services’’ are available— cles in foreign countries, when required by of each insurance program and to the provi- (1) for furnishing recreational facilities, law of such countries, $35,750,000, to remain sion of any total disability income insurance supplies, and equipment; and available until expended. included in such insurance program. (2) for funeral expenses, burial expenses, FOREIGN CURRENCY FLUCTUATIONS ACCOUNT SEC. 208. Notwithstanding any other provi- and other expenses incidental to funerals and For necessary expenses, not otherwise pro- sion of law, the Department of Veterans Af- burials for beneficiaries receiving care in the vided for, of the American Battle Monu- fairs shall continue the Franchise Fund pilot Department. ments Commission, $15,250,000, to remain program authorized to be established by sec- SEC. 216. That such sums as may be depos- available until expended, for purposes au- tion 403 of Public Law 103–356 until October ited to the Medical Care Collections Fund thorized by section 2109 of title 36, United 1, 2006: Provided, That the Franchise Fund, pursuant to section 1729A of title 38, United States Code. established by title I of Public Law 104–204 to States Code, may be transferred to ‘‘Medical finance the operations of the Franchise Fund services’’, to remain available until expended UNITED STATES COURT OF APPEALS FOR pilot program, shall continue until October for the purposes of this account. VETERANS CLAIMS 1, 2006. SEC. 217. Amounts made available for fiscal SALARIES AND EXPENSES SEC. 209. Amounts deducted from en- year 2006 under the ‘‘Medical services’’, For necessary expenses for the operation of hanced-use lease proceeds to reimburse an ‘‘Medical administration’’, and ‘‘Medical fa- the United States Court of Appeals for Vet- account for expenses incurred by that ac- cilities’’ accounts may be transferred be- erans Claims as authorized by sections 7251– count during a prior fiscal year for providing tween the accounts to the extent necessary 7298 of title 38, United States Code, enhanced-use lease services, may be obli- to implement the restructuring of the Vet- $18,295,000, of which $1,260,000 shall be avail- gated during the fiscal year in which the pro- erans Health Administration accounts after able for the purpose of providing financial ceeds are received. notice of the amount and purpose of the assistance as described, and in accordance SEC. 210. Funds available in this title or transfer is provided to the Committees on with the process and reporting procedures funds for salaries and other administrative Appropriations of the Senate and House of set forth, under this heading in Public Law expenses shall also be available to reimburse Representatives and a period of 30 days has 102–229. the Office of Resolution Management and the elapsed: Provided, That the limitation on DEPARTMENT OF DEFENSE—CIVIL Office of Employment Discrimination Com- transfers is 20 percent in fiscal year 2006. CEMETERIAL EXPENSES, ARMY plaint Adjudication for all services provided SEC. 218. Any appropriation for fiscal year at rates which will recover actual costs but 2006 for the Veterans Benefits Administra- SALARIES AND EXPENSES not exceed $29,758,000 for the Office of Reso- tion made available under the heading ‘‘Gen- For necessary expenses, as authorized by lution Management and $3,059,000 for the Of- eral operating expenses’’ may be transferred law, for maintenance, operation, and im- fice of Employment and Discrimination to the ‘‘Veterans Housing Benefit Program provement of Arlington National Cemetery Complaint Adjudication: Provided, That pay- Fund Program Account’’ for the purpose of and Soldiers’ and Airmen’s Home National ments may be made in advance for services providing funds for the nationwide property Cemetery, including the purchase of two pas- to be furnished based on estimated costs: management contract if the administrative senger motor vehicles for replacement only, Provided further, That amounts received shall costs of such contract exceed $8,800,000 in the and not to exceed $1,000 for official reception be credited to ‘‘General operating expenses’’ budget year. and representation expenses, $29,550,000, to for use by the office that provided the serv- SEC. 219. Notwithstanding any other provi- remain available until expended. In addition, ice. sion of law, the Secretary of Veterans Affairs such sums as may be necessary for parking SEC. 211. No appropriations in this title (Secretary) shall allow veterans eligible maintenance, repairs and replacement, to be shall be available to enter into any new lease under existing VA Medical Care require- derived from the Lease of Department of De- of real property if the estimated annual rent- ments and who reside in Alaska to obtain fense Real Property for Defense Agencies ac- al is more than $300,000 unless the Secretary medical care services from medical facilities count. submits a report which the Committees on supported by the Indian Health Services or Appropriations of the Congress approve with- ARMED FORCES RETIREMENT HOME tribal organizations. The Secretary shall: (1) in 30 days following the date on which the re- limit the application of this provision to For expenses necessary for the Armed port is received. rural Alaskan veterans in areas where an ex- Forces Retirement Home to operate and SEC. 212. No funds of the Department of isting VA facility or VA-contracted service maintain the Armed Forces Retirement Veterans Affairs shall be available for hos- is unavailable; (2) require participating vet- Home—Washington and the Armed Forces pital care, nursing home care, or medical erans and facilities to comply with all appro- Retirement Home—Gulfport, to be paid from services provided to any person under chap- priate rules and regulations, as established funds available in the Armed Forces Retire- ter 17 of title 38, United States Code, for a by the Secretary; (3) require this provision ment Home Trust Fund, $58,281,000, of which non-service-connected disability described in to be consistent with CARES; and (4) result $1,248,000 shall remain available until ex- section 1729(a)(2) of such title, unless that in no additional cost to the Department of pended for construction and renovation of person has disclosed to the Secretary of Vet- Veterans Affairs or the Indian Health Serv- the physical plants at the Armed Forces Re- erans Affairs, in such form as the Secretary ice. tirement Home—Washington and the Armed may require, current, accurate third-party Forces Retirement Home—Gulfport. SEC. 220. That such sums as may be depos- reimbursement information for purposes of ited to the Department of Veterans Affairs TITLE IV section 1729 of such title: Provided, That the Capital Asset Fund pursuant to section 8118 Secretary may recover, in the same manner GENERAL PROVISIONS of title 38, United States Code, may be trans- as any other debt due the United States, the SEC. 401. No part of any appropriation con- ferred to the ‘‘Construction, major projects’’ reasonable charges for such care or services tained in this Act shall remain available for and ‘‘Construction, minor projects’’ ac- from any person who does not make such dis- obligation beyond the current fiscal year un- counts, to remain available until expended closure as required: Provided further, That less expressly so provided herein. for the purposes of these accounts. any amounts so recovered for care or serv- SEC. 402. None of the funds provided in this SEC. 221. None of the funds available to the ices provided in a prior fiscal year may be Act may be used, directly or through grants, Department of Veterans Affairs in this Act, obligated by the Secretary during the fiscal to pay or to provide reimbursement for pay- or any other Act, may be used by the Depart- year in which amounts are received. ment of the salary of a consultant (whether SEC. 213. None of the funds made available ment of Veterans Affairs to implement a na- retained by the Federal Government or a to the Department of Veterans Affairs in tional standardized contract for diabetes grantee) at more than the daily equivalent of this Act, or any other Act, may be used to monitoring systems. the rate paid for level IV of the Executive implement sections 2 and 5 of Public Law TITLE III Schedule, unless specifically authorized by 107–287 and section 303 of Public Law 108–422. RELATED AGENCIES law. SEC. 214. Notwithstanding any other provi- SEC. 403. Such sums as may be necessary AMERICAN BATTLE MONUMENTS COMMISSION sion of law, at the discretion of the Sec- for fiscal year 2006 pay raises for programs retary of Veterans Affairs, proceeds or reve- SALARIES AND EXPENSES funded by this Act shall be absorbed within nues derived from enhanced-use leasing ac- For necessary expenses, not otherwise pro- the levels appropriated in this Act. tivities (including disposal) may be deposited vided for, of the American Battle Monu- SEC. 404. None of the funds made available into the ‘‘Construction, major projects’’ and ments Commission, including the acquisition in this Act may be used for any program, ‘‘Construction, minor projects’’ accounts and of land or interest in land in foreign coun- project, or activity, when it is made known be used for construction (including site ac- tries; purchases and repair of uniforms for to the Federal entity or official to which the quisition and disposition), alterations and caretakers of national cemeteries and monu- funds are made available that the program,

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.027 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4109 project, or activity is not in compliance with the house, I ask unanimous consent to I commend my colleagues, the gen- any Federal law relating to risk assessment, withdraw the amendment. tlewoman from South Dakota (Ms. the protection of private property rights, or The CHAIRMAN. Without objection, HERSETH) and Senator THUNE for intro- unfunded mandates. the amendment is considered with- ducing legislation to address this issue. SEC. 405. No part of any funds appropriated drawn. in this Act shall be used by an agency of the Mr. Chairman, I support this amend- executive branch, other than for normal and There was no objection. ment. recognized executive-legislative relation- AMENDMENT OFFERED BY MRS. JONES OF OHIO Mr. WALSH. Mr. Chairman, will the ships, for publicity or propaganda purposes, Mrs. JONES of Ohio. Mr. Chairman, I gentlewoman yield? and for the preparation, distribution or use offer an amendment. Mrs. JONES of Ohio. I yield to the of any kit, pamphlet, booklet, publication, The Clerk read as follows: gentleman from New York. radio, television or film presentation de- Amendment offered by Mrs. JONES of Ohio: signed to support or defeat legislation pend- At the end of the bill (before the short Mr. WALSH. Mr. Chairman, the gen- ing before Congress, except in presentation title), add the following new section: tlewoman from Ohio has changed the to Congress itself. SEC. 4ll. None of the funds made avail- language to comply with the existing SEC. 406. All departments and agencies able by this Act may be used to close or re- legislation, so I have no objection to it, funded under this Act are encouraged, within align any military installation approved for and I withdraw my reservation of the the limits of the existing statutory authori- closure or realignment in 2005 before the point of order. ties and funding, to expand their use of ‘‘E- Secretary of Defense makes the information Commerce’’ technologies and procedures in available upon which the Secretary’s closure the conduct of their business practices and and realignment recommendations were b 1345 public service activities. based, as required by section 2903(c)(4) of the SEC. 407. None of the funds made available Defense Base Closure and Realignment Act Mr. PALLONE. Mr. Chairman, will in this Act may be transferred to any depart- of 1990 (title XXIX of Public Law 101–510; 10 the gentlewoman yield? ment, agency, or instrumentality of the U.S.C. 2687 note). Mrs JONES of Ohio. I yield to the United States Government except pursuant Mr. WALSH. Mr. Chairman, I reserve gentleman from New Jersey. to a transfer made by, or transfer authority a point of order against the gentle- Mr. PALLONE. Mr. Chairman, I just provided in, this Act or any other appropria- woman’s amendment. wanted to rise in support of the Jones tions Act. Mrs. JONES of Ohio. Mr. Chairman, I SEC. 408. Unless stated otherwise, all re- amendment. I think the gentlewoman ports and notifications required by this Act rise to offer an amendment to the Sub- is right on point here. I know for my shall be submitted to the Subcommittee on committee on Military Quality of Life base, in this case Fort Monmouth, we Military Quality of Life and Veterans Af- and Veterans Affairs, and Related have not received a lot of the data, fairs, and Related Agencies of the Com- Agencies of the Committee on Appro- most of the data upon which the Penta- mittee on Appropriations of the House of priations, which would require that all gon’s recommendations were made. I Representatives and the Subcommittee on information used by the Secretary of think that was quite clear if you listen Military Construction and Veterans Affairs, Defense to implement its current base to the hearings that were held last and Related Agencies of the Committee on closing recommendations be released Appropriations of the Senate. week by the BRAC. Many of the com- to Congress, the public, and the BRAC missioners at that time indicated they Mr. WALSH (during the reading). Mr. Commission before any actions on base did not have the background data upon Chairman, I ask unanimous consent closings can take place. which the Pentagon’s recommenda- that the remainder of the bill through Mr. Chairman, first things first. Why tions were made. page 54, line 13, be considered as read, are we proposing base closures during a I think this is just another indication printed in the RECORD and open to any time of war? This BRAC round should amendment at this point. of the fact that we have not been able be delayed until the following actions to proceed with this BRAC round in the The CHAIRMAN. Is there objection can be completed: recommendations of to the request of the gentleman from way we have in the past. I have actu- the review of overseas military struc- ally been through three other BRAC New York? tures are implemented by the Sec- There was no objection. rounds since I have been in the Con- retary of Defense, a substantial num- gress; and just from the questioning AMENDMENT OFFERED BY MRS. JONES OF OHIO ber of American troops returned from that occurred last week at the BRAC Mrs. JONES of Ohio. Mr. Chairman, I Iraq, the House and the Senate Com- hearings from the commissioners, it offer an amendment. mittee on Armed Services receive the The Clerk read as follows: was clear this is not the time to have Quadrennial Defense Review, the Na- a BRAC round. Amendment offered by Mrs. JONES of Ohio: tional Maritime Security Strategy is We are in the middle of a war, both in At the end of the bill (before the short implemented, and the Homeland De- Iraq and in Afghanistan. Many of the title), insert the following new section: fense and Civil Support Directive is im- SEC. 4ll. None of the funds appropriated commissioners asked questions about or otherwise made available by this Act may plemented. In addition, all information used by the war and the military value because be used to implement the results of the 2005 they frankly felt that in a general round of base closures and realignments the Secretary to determine base clos- ings should be released to the Congress sense questions had not been answered until the completion of all environmental re- by the Pentagon, and the Pentagon was mediation associated with the closure of and the American public. It is impor- military installations approved for closure tant these be addressed before imple- not able to answer the questions prop- in the 1995 round of base closures and re- menting the BRAC process because erly about how this BRAC round was alignments. once a base is closed, it can never be supposed to proceed in the context of Mr. WALSH. Mr. Chairman, I reserve reopened. an ongoing war. a point of order on the gentlewoman’s Mr. Chairman, in the 11th Congres- Mrs. JONES of Ohio. Mr. Chairman, amendment. sional District and in northeast Ohio, in closing, I am so pleased that Senator Mrs. JONES of Ohio. Mr. Chairman, I over 1,100 jobs will be lost due to the SNOWE is offering a similar piece of leg- intend to withdraw this amendment, BRAC process. These job losses will islation in the Senate with regard to but what I wanted to have in the have a tremendous economic impact on data information on specific projects. I RECORD before I do the withdrawal is the City of Cleveland, which has been thank all of my colleagues for coming the fact that in many of the prior base named the most impoverished city in to the floor to support this amend- closures there are still environmental the country. Now is simply not the ment, and I yield back the balance of issues that have not been addressed, time for BRAC, in Cleveland or around my time in the name of the people of that have not been remedied; and we the country. the 11th Congressional District of Ohio. really need to take a look at that as we Mr. Chairman, I realize the impor- Ms. HERSETH. Mr. Chairman, I go through the next round to make tance of the BRAC process; however, I move to strike the last word. sure that the dollars we have allocated feel that all information should be re- Mr. Chairman, I rise in support of the and the closures we have put in place leased in order for communities to pre- Jones amendment today because it under BRAC have been taken care of. pare adequate defense tactics for future gives this House another opportunity Mr. Chairman, in order to ensure the hearings. Now is simply not the time to slow the process down. We did not movement of this legislation through for BRAC. take that opportunity last night in

VerDate jul 14 2003 04:57 May 27, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.027 H26PT1 H4110 CONGRESSIONAL RECORD — HOUSE May 26, 2005 support of the amendment offered by If the reason for that is primarily for field who might need some communica- the gentleman from New Hampshire national security reasons because we tions or electronics equipment in the (Mr. BRADLEY), despite the compelling are at war, that justifies slowing this next few days or the next few weeks testimony offered by a number of Mem- process down at least a little bit so the will not have access to it because Fort bers about the fact that we still have a Department of Defense is forced to re- Monmouth is in the process of moving lot of information outlying that should lease this information that we have and people will not be available to do come to us within the upcoming had in past BRAC rounds so it is in what is necessary for the soldier in the months, within the year, including the fairness to the communities and really field. Quadrennial Defense Review, that faithful to the BRAC process which is How can the Pentagon make rec- would actually help the BRAC commis- to be open and transparent and allow ommendations and not take that into sioners to evaluate the DOD’s rec- communities to make their best case mind? We have no indication of how ommendations for those installations before the commissioners prior to the they address that issue because we do that they have submitted on a list for site reviews, prior to the regional hear- not have the backup data. That is why recommendations of closure and re- ings. this amendment is important. I urge alignment. I encourage my colleagues, while my colleagues on a bipartisan basis to But the Jones amendment says, Members may have had reservations support it. okay, if we are not going to do that, if last night, to postpone the BRAC round Mr. HOLT. Mr. Chairman, I move to we are not going to postpone the BRAC awaiting all of the other information. strike the requisite number of words. rounds to get all of the information Can we not at least slow it down Mr. Chairman, I just wanted to elabo- from the overseas base closures, from enough to ensure that the Department rate very briefly on the preceding re- the QDR, getting troops home from of Defense is accountable to each and marks. We are talking about a time Iraq and Afghanistan, dealing with the every one of us and our constituents when men and women are risking their maritime issues, dealing with home- and our military installations to get lives in the field, facing roadside bombs land defense and civil support direc- that information to ensure a fair, open, and mortar fire from insurgents. They tives, then let us at least say in fair- and transparent process? I hope Mem- need help and support from back here ness and for a process that should be bers will agree and support the Jones in the United States, from our bases, open and transparent as opposed to amendment. from places such as, as my colleague emulating litigation discovery proc- Mr. PALLONE. Mr. Chairman, I from New Jersey was talking about, esses here, give us the information as move to strike the requisite number of Fort Monmouth, for example. Members of Congress, the task force words. We are not looking so much for the and the communities, the commis- I just wanted to comment on what data on what is the implication of base sioners now that are supposed to be the gentlewoman from South Dakota closing and realignment on local evaluating these recommendations. (Ms. HERSETH) said. In the last BRAC economies. We are looking for the data How can we expect them to do that round in 1995, we had all of the infor- on how the Pentagon intends to pro- in a process that is supposed to be open mation to back up the Pentagon’s rec- and transparent, when piecemeal by vide for the needs of the men and ommendations within a few days. It is piecemeal the Department of Defense women in the field today, tomorrow almost 2 weeks now since the base clo- is releasing this information as op- and next year, how they will make up sure list came out. I think it was the posed to releasing it in a more com- for any loss of capability that results Friday before last. prehensive way, as was done in the last from realignment and transfer of per- As the gentlewoman mentioned, we BRAC round in 1995? sonnel. Let me give an example. Last night are still lacking most of the back- In order to have a conscientious eval- right before we voted on the Bradley ground information for these rec- uation of what is being proposed here, amendment, we received word, the of- ommendations. we need the data. It is as simple as For example, in the case of Fort fices for South Dakota here and over in that. I applaud the gentlewoman from the Senate and in the community of Monmouth, which is represented by me Ohio (Mrs. JONES) for offering this Rapid City, that the Department of De- and the gentleman from New Jersey amendment and demanding that we get fense had just released some additional (Mr. HOLT), the recommendation says the information that we need to do our information. that to close Fort Monmouth and move job. Here we thought we have what we it would cost $822 million and that over The CHAIRMAN. The question is on need to start assessing and evaluating the next 6 years, annually, there would the amendment offered by the gentle- these recommendations. Most of this be a savings of about $143 million. woman from Ohio (Mrs. JONES). information had already been released. We do not have the background infor- The amendment was agreed to. We have less than 10 percent of what mation that the Pentagon used to AMENDMENT OFFERED BY MR. TIAHRT we need. Less than 10 percent of what make those kinds of number-crunching Mr. TIAHRT. Mr. Chairman, I offer we need, just a couple of weeks out decisions. The number-crunchers have an amendment. from our regional hearing to begin not given us that kind of information. The Clerk read as follows: How are we supposed to prepare for a evaluating what drove the Department Amendment offered by Mr. TIAHRT: of Defense’s evaluation to rank Ells- site visit next week, or regional hear- At the end of the bill (before the short worth Air Force Base the way they did, ings in early July, without having that title) insert the following: and how they applied the criteria. information? SEC. lll. None of the funds made avail- We cannot make our case, and there It is simply inappropriate, and it cer- able in this Act may be used to promulgate are people in Rapid City, South Da- tainly has not been the case in the regulations without consideration of the ef- kota, with the task force in support of past. I have been through three pre- fect of such regulations on the competitive- Ellsworth Air Force Base that have vious BRAC rounds, and that was never ness of American businesses. been working for years in anticipation the case. That is why the Jones amend- Mr. WALSH. Mr. Chairman, I reserve of this day, and we are not willing to ment is so important. And particularly a point of order against the gentle- slow this process down enough to get when the gentlewoman from Ohio (Mrs. man’s amendment. adequate and comprehensive informa- JONES) references military value, this The CHAIRMAN. The gentleman tion from the Department of Defense? is all about military value. from New York (Mr. WALSH) reserves a It is clear that either they were so In the case of Fort Monmouth, New point of order. under the gun to meet the deadline of Jersey, we are an electronics and com- Mr. TIAHRT. Mr. Chairman, in this May 13 that they did not adequately munications command for the Army. legislation, the Military Quality of plan or have enough time to determine We basically back up the soldier in the Life and VA appropriations, much of what it was that was going to have to field with equipment that is electronic the work, especially for construction be classified or declassified before re- or related communications. Our point and maintenance, are governed by leasing the information, either in the that we have been trying to make is if rules and regulations. A good example aggregate or installation by installa- you close Fort Monmouth over the of the problem this can create occurred tion. next few years, that commander in the in Wichita, Kansas, not too long ago

VerDate jul 14 2003 04:57 May 27, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.075 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4111 when OSHA targeted the Wichita area omy within 10 to 20 years if we do not Veterans Affairs Subcommittee on Ap- building and construction industry. change the environment that helps us propriations. It has been a professional Through the threat of citations and keep and create jobs. That means hav- process, a thorough process, a respect- fines, they literally shut down all of ing some common-sense regulations ful one and a bipartisan one, exactly the work going on in the area of home that work with our industries instead the manner in which I think the people building. What I did was go back to the of against them. of this country would want us to deal Wichita area and I met with OSHA and Mr. Chairman, I have complete con- with the important business of pro- the area home builders, and I found out fidence that Chairman WALSH is going viding quality of life, training and they both had the same goal. That goal to be working together with us to other programs and facilities for our was to see that the workplace was safe. make a better America, a more com- servicemen and -women, military retir- So by bringing them together, they petitive America and to prepare us for ees and veterans. worked out an agreement that they the economy, because we all know that I want to thank the minority staff, would work together, instead of assess- if we do not, we are going to have a Bob Bonner and Tom Forhan, for their ing fines and citations, and create a third-rate economy. leadership. I want to thank the profes- better work environment, a safe work With that hope in mind, I am going sional staff on the majority side, led by environment, and they were successful. to respectfully withdraw my amend- the very able Carol Murphy, with a tre- Only recently have I found that the ment. mendous staff, for their great work. All OSHA department here in Washington Mr. Chairman, I ask unanimous con- of this would not have been possible wants to renege on that agreement and sent to withdraw my amendment. today and the good work that is in this can no longer sustain the concept of The CHAIRMAN. Is there objection bill would not have been possible today working together to have a safe work- to the request of the gentleman from without the genuine cooperation and place. Instead, they are going to con- Kansas? great leadership of the chairman, and I tinue on an adversarial relationship. There was no objection. thank him. That brings me to the point that I Mr. HINOJOSA. Mr. Chairman, I Mr. WALSH. Mr. Chairman, I move want to stress with this amendment, move to strike the last word. This is to strike the last word. I would like to associate myself with and that is if we would work together, my last opportunity to express some the remarks of my colleague from the Federal Government and the pri- remarks on the Military Quality of Texas regarding our staff. They have vate sector, we could be much more Life Appropriations bill. done a remarkable job. This is a brand- successful in achieving the goals that Mr. Chairman, I rise today to express new structure. The leadership of the both want. my disappointment with the amount of committee, the chairman, Chief Clerk Mr. Chairman, less regulation and funding in this bill for our Nation’s Frank Cushing, helped us to organize working together means granting the veterans. As we enter the Memorial the staff and they gave us the best peo- freedom to allow Americans to pursue Day weekend, I am concerned that the ple they could give us. I am very proud their dreams. It also provides the space funding levels for veterans’ health will not allow us to keep up with the cur- of the work product that they have for businesses to thrive and create provided us with and the support that more jobs. Regulations promulgated by rent demand for services, let alone meet the needs of the thousands of new they have given us along the way. the Federal Government often become Again, I credit the gentleman from veterans who are returning from Iraq a creeping ivy of regulations that Texas (Mr. EDWARDS), who has been a strangle enterprise. The unrealistic and Afghanistan. Eighteen young soldiers have been pleasure to work with. His knowledge and impractical environment that of the military has helped me a great killed in south Texas, which is where I OSHA mandates create are literally deal to get up to speed on these issues. was born and raised and that I rep- driving our industries and small busi- I have a lot more to learn, but I look resent, and many, many more have nesses and our health care system to a forward to working with him as we been injured. One of my constituents, grinding halt. complete this bill after House passage Sergeant Nieves Rodriguez, Jr., is lying How can we expect our economy to and the conference with the Senate. develop and grow when bureaucracy in a bed at Walter Reed Hospital right now. He has lost an arm and the doc- SEQUENTIAL VOTES POSTPONED IN COMMITTEE prevents businesses from starting and OF THE WHOLE expanding. It is estimated today that tors are fighting to save his leg. He is The CHAIRMAN. Pursuant to clause the total regulatory burden is about going to need months of therapy, ex- 6 of rule XVIII, proceedings will now $850 billion a year. That is $850 billion pensive prosthetics and years of follow- resume on those amendments on which that could go toward creating more up care. He is only one of thousands in further proceedings were postponed in jobs instead of stifling growth. similar situations. the following order: amendment offered As we approve spending allocations Proponents of this legislation claim by the gentleman from Louisiana (Mr. it increases veterans’ health funding by on this bill and other bills, we need to MELANCON), amendment No. 2 offered remind regulators about the impor- $1 billion, but in fact, funds are just by the gentleman from Oregon (Mr. being shifted from other veterans’ ac- tance of their actions with that fund- BLUMENAUER). ing. counts. The real increase is a mere $700 The Chair will reduce to 5 minutes Regulations can help create jobs or million, not enough to meet inflation the time for any electronic vote after strangle them. Each and every Federal and mandated salary increases. I would the first vote in this series. agency should take into consideration have supported the Obey amendment AMENDMENT OFFERED BY MR. MELANCON the effect of proposed policies on com- that would add $2.6 billion for veterans’ The CHAIRMAN. The pending busi- petitiveness of United States business. health care, but the amendment was ness is the demand for a recorded vote Each agency should be held account- not made in order. on the amendment offered by the gen- able for those effects. Mr. Chairman, this funding would tleman from Louisiana (Mr. MELANCON) Other countries are preparing for to- have allowed us to care for our return- on which further proceedings were morrow’s economy. Countries like Ire- ing veterans and meet current short- postponed and on which the noes pre- land are reducing regulations, working falls. Although I will support the final vailed by voice vote. hand in hand with businesses. They bill, I urge the committee to find a way The Clerk will designate the amend- have lowered their taxes, and they to increase funding for veterans’ ment. have changed their educational system health. The Clerk designated the amend- to prepare their workers to be part of a Mr. EDWARDS. Mr. Chairman, I ment. technical economy. move to strike the last word. RECORDED VOTE Mr. Chairman, as we draw to a close, The CHAIRMAN. A recorded vote has b 1400 I again want to take this time to con- been demanded. We are working in the opposite direc- gratulate, salute and thank the gen- A recorded vote was ordered. tion. tleman from New York (Mr. WALSH) for The vote was taken by electronic de- My concern, Mr. Chairman, is that his leadership in this, the first product vice, and there were—ayes 213, noes 214, we are going to be a third-rate econ- of the new Military Quality of Life and not voting 7, as follows:

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[Roll No. 224] Foxx Lewis (KY) Renzi RECORDED VOTE Franks (AZ) Linder Reynolds AYES—213 Frelinghuysen LoBiondo Rogers (AL) The CHAIRMAN. A recorded vote has Abercrombie Gordon Obey Gallegly Lucas Rogers (KY) been demanded. Ackerman Green (WI) Olver Garrett (NJ) Lungren, Daniel Rogers (MI) A recorded vote was ordered. Allen Green, Al Owens Gilchrest E. Rohrabacher The CHAIRMAN. This will be a 5- Gillmor Mack Ros-Lehtinen Andrews Green, Gene Pallone minute vote. Baca Grijalva Pascrell Gingrey Manzullo Royce Baird Gutierrez Pastor Gohmert Marchant Ryan (WI) The vote was taken by electronic de- Baldwin Hall Paul Goode McCaul (TX) Ryun (KS) vice, and there were—ayes 171, noes 254, Barrow Harman Payne Goodlatte McCotter Saxton not voting 8, as follows: Bean Hastings (FL) Pelosi Granger McCrery Schwarz (MI) Becerra Herseth Peterson (MN) Graves McHenry Sensenbrenner [Roll No. 225] Berkley Higgins Poe Gutknecht McHugh Sessions AYES—171 Berman Hinchey Pomeroy Harris McKeon Shadegg Abercrombie Grijalva Obey Berry Hinojosa Porter Hart McMorris Shaw Ackerman Gutierrez Olver Bishop (GA) Holden Price (NC) Hastert Mica Shays Allen Hall Owens Bishop (NY) Holt Rahall Hayes Miller (FL) Sherwood Andrews Harman Pallone Blumenauer Honda Ramstad Hayworth Miller (MI) Shimkus Baca Hastings (FL) Pascrell Boren Hooley Rangel Hefley Miller, Gary Shuster Baird Higgins Paul Boswell Hoyer Reichert Hensarling Mollohan Simmons Baldwin Hinchey Payne Boucher Inslee Reyes Herger Moran (KS) Simpson Barrow Hinojosa Pelosi Boyd Israel Ross Hobson Murphy Smith (TX) Bean Holt Price (NC) Brady (PA) Jackson (IL) Rothman Hoekstra Murtha Sodrel Beauprez Honda Rahall Brown (OH) Jackson-Lee Roybal-Allard Hostettler Musgrave Souder Becerra Hooley Rangel Brown, Corrine (TX) Ruppersberger Hulshof Myrick Stearns Berkley Inslee Rothman Butterfield Jefferson Rush Hunter Neugebauer Sullivan Berman Israel Roybal-Allard Capito Jones (NC) Ryan (OH) Hyde Ney Sweeney Bishop (NY) Jackson (IL) Ruppersberger Capps Jones (OH) Sabo Inglis (SC) Northup Tancredo Blumenauer Jackson-Lee Rush Capuano Kanjorski Salazar Issa Norwood Taylor (NC) Boswell (TX) Ryan (OH) Cardin Kaptur Sa´ nchez, Linda Istook Nunes Terry Brady (PA) Jefferson Sabo Cardoza Kennedy (MN) T. Jenkins Nussle Thomas Brown (OH) Johnson (IL) Salazar Carnahan Kennedy (RI) Sanchez, Loretta Jindal Ortiz Thornberry Brown, Corrine Jones (OH) Sa´ nchez, Linda Carson Kildee Sanders Johnson (CT) Osborne Tiahrt Butterfield Kaptur T. Case Kilpatrick (MI) Schakowsky Johnson (IL) Otter Tiberi Capps Kildee Sanchez, Loretta Chandler Kind Schiff Johnson, Sam Oxley Turner Capuano Kilpatrick (MI) Sanders Clay Kucinich Schwartz (PA) Keller Pearce Upton Cardin Kind Schakowsky Cleaver Langevin Scott (GA) Kelly Pence Walden (OR) Cardoza Kucinich Schiff Clyburn Lantos Scott (VA) King (IA) Peterson (PA) Walsh Carnahan Langevin Schwartz (PA) Conyers Larsen (WA) Serrano King (NY) Petri Wamp Carson Lantos Scott (GA) Cooper Larson (CT) Sherman Kingston Pickering Weldon (FL) Case Larson (CT) Serrano Costa Leach Skelton Kirk Pitts Weldon (PA) Chandler Lee Simmons Costello Lee Slaughter Kline Platts Weller Clay Lewis (GA) Slaughter Crowley Levin Smith (NJ) Knollenberg Pombo Westmoreland Cleaver Lipinski Smith (WA) Cuellar Lewis (GA) Smith (WA) Kolbe Price (GA) Whitfield Clyburn Lofgren, Zoe Sodrel Cummings Lipinski Snyder Kuhl (NY) Pryce (OH) Wicker Conyers Lowey Solis Davis (AL) Lofgren, Zoe Solis LaHood Putnam Wilson (SC) Costa Lynch Stark Davis (CA) Lowey Spratt Latham Radanovich Wolf Costello Maloney Strickland Davis (FL) Lynch Stark LaTourette Regula Young (AK) Crowley Manzullo Stupak Davis (IL) Maloney Strickland Lewis (CA) Rehberg Young (FL) Cummings Markey Tauscher Davis (TN) Markey Stupak NOT VOTING—7 Davis (IL) Matheson Taylor (MS) Davis, Jo Ann Marshall Tanner Davis, Jo Ann Matsui Thompson (CA) DeFazio Matheson Tauscher Doyle Hastings (WA) Millender- DeFazio McCarthy Thompson (MS) DeGette Matsui Taylor (MS) Emerson Johnson, E. B. McDonald DeGette McCollum (MN) Tierney Delahunt McCarthy Thompson (CA) Filner Menendez Delahunt McDermott Towns DeLauro McCollum (MN) Thompson (MS) DeLauro McGovern Udall (CO) Dent McDermott Tierney Dingell McKinney Udall (NM) Dicks McGovern Towns b 1432 Doggett McNulty Van Hollen Dingell McIntyre Udall (CO) Messrs. BILIRAKIS, GINGREY, TOM Edwards Meehan Vela´ zquez Doggett McKinney Udall (NM) Ehlers Meek (FL) Walden (OR) Edwards McNulty Van Hollen DAVIS of Virginia, and SIMMONS, and Emanuel Meeks (NY) Wasserman Emanuel Meehan Vela´ zquez Mrs. JOHNSON of Connecticut changed Engel Melancon Schultz Engel Meek (FL) Visclosky their vote from ‘‘aye’’ to ‘‘no.’’ Eshoo Miller (NC) Waters Eshoo Meeks (NY) Wasserman Etheridge Miller, Gary Watson Etheridge Melancon Schultz Messrs. WYNN, FRANK of Massachu- Evans Miller, George Watt Evans Michaud Waters setts, PETERSON of , Farr Moore (KS) Waxman Farr Miller (NC) Watson DICKS, HALL, REYES, PASTOR, Fattah Moore (WI) Weiner Fattah Miller, George Watt BISHOP of Georgia, SABO, DOGGETT, Ford Moran (VA) Wexler Fitzpatrick (PA) Moore (KS) Waxman Gingrey Nadler Wilson (NM) Ford Moore (WI) Weiner Ms. WOOLSEY, and Ms. LORETTA Gonzalez Napolitano Woolsey Fossella Moran (VA) Wexler SANCHEZ of California changed their Gordon Neal (MA) Wu Frank (MA) Nadler Wilson (NM) vote from ‘‘no’’ to ‘‘aye.’’ Green, Al Oberstar Wynn Gerlach Napolitano Woolsey So the amendment was rejected. Gibbons Neal (MA) Wu NOES—254 Gonzalez Oberstar Wynn The result of the vote was announced as above recorded. Aderholt Boustany Crenshaw NOES—214 Akin Boyd Cubin Stated for: Alexander Bradley (NH) Cuellar Aderholt Bradley (NH) Cubin Mr. FILNER. Mr. Chairman, on rollcall No. Bachus Brady (TX) Culberson Akin Brady (TX) Culberson 224, on the Melancon Amendment, I was in Baker Brown (SC) Cunningham Alexander Brown (SC) Cunningham Barrett (SC) Brown-Waite, Davis (AL) Bachus Brown-Waite, Davis (KY) my Congressional District on official business. Bartlett (MD) Ginny Davis (CA) Baker Ginny Davis, Tom Had I been present, I would have voted ‘‘aye.’’ Barton (TX) Burgess Davis (FL) Barrett (SC) Burgess Deal (GA) AMENDMENT NO. 2 OFFERED BY MR. Bass Burton (IN) Davis (KY) Bartlett (MD) Burton (IN) DeLay Berry Buyer Davis (TN) BLUMENAUER Barton (TX) Buyer Diaz-Balart, L. Biggert Calvert Davis, Tom Bass Calvert Diaz-Balart, M. The CHAIRMAN. The pending busi- Bilirakis Camp Deal (GA) Beauprez Camp Doolittle ness is the demand for a recorded vote Bishop (GA) Cannon DeLay Biggert Cannon Drake on amendment No. 2 offered by the gen- Bishop (UT) Cantor Dent Bilirakis Cantor Dreier Blackburn Capito Diaz-Balart, L. Bishop (UT) Carter Duncan tleman from Oregon (Mr. BLUMENAUER) Blunt Carter Diaz-Balart, M. Blackburn Castle Ehlers on which further proceedings were Boehlert Castle Dicks Blunt Chabot English (PA) postponed and on which the noes pre- Boehner Chabot Doolittle Boehlert Chocola Everett Bonilla Chocola Drake Boehner Coble Feeney vailed by voice vote. Bonner Coble Dreier Bonilla Cole (OK) Ferguson The Clerk will redesignate the Bono Cole (OK) Duncan Bonner Conaway Flake amendment. Boozman Conaway English (PA) Bono Cox Foley The Clerk redesignated the amend- Boren Cooper Everett Boozman Cramer Forbes Boucher Cramer Feeney Boustany Crenshaw Fortenberry ment.

VerDate jul 14 2003 04:53 May 27, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.031 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4113 Ferguson LaHood Regula Accordingly, the Committee rose; Granger Marshall Royce Fitzpatrick (PA) Larsen (WA) Rehberg and the Speaker pro tempore (Mr. Graves Matheson Ruppersberger Flake Latham Reichert Green (WI) Matsui Rush Foley LaTourette Renzi GILLMOR) having assumed the chair, Green, Al McCarthy Ryan (OH) Forbes Leach Reyes Mr. BASS, Chairman of the Committee Green, Gene McCaul (TX) Ryan (WI) Fortenberry Levin Reynolds of the Whole House on the State of the Grijalva McCollum (MN) Ryun (KS) Fossella Lewis (CA) Rogers (AL) Union, reported that that Committee, Gutierrez McCotter Sabo Foxx Lewis (KY) Rogers (KY) Gutknecht McCrery Salazar Frank (MA) Linder Rogers (MI) having had under consideration the bill Hall McDermott Sa´ nchez, Linda Franks (AZ) LoBiondo Rohrabacher (H.R. 2528) making appropriations for Harman McGovern T. Frelinghuysen Lucas Ros-Lehtinen Harris McHenry Sanchez, Loretta Gallegly Lungren, Daniel military quality of life functions of the Ross Hart McHugh Sanders Garrett (NJ) E. Department of Defense, military con- Royce Hastings (FL) McIntyre Gerlach Mack struction, the Department of Veterans Saxton Ryan (WI) Hayes McKeon Schakowsky Gibbons Marchant Affairs, and related agencies for the fis- Hayworth McKinney Gilchrest Marshall Ryun (KS) Schiff Hefley McMorris Gillmor McCaul (TX) Saxton cal year ending September 30, 2006, and Schwartz (PA) Hensarling McNulty Gohmert McCotter Schwarz (MI) for other purposes, had directed him to Schwarz (MI) Herger Meehan Goode McCrery Scott (VA) Scott (GA) report the bill back to the House with Herseth Meek (FL) Goodlatte McHenry Sensenbrenner Scott (VA) Higgins Meeks (NY) Granger McHugh Sessions an amendment, with the recommenda- Sensenbrenner Hinchey Melancon Graves McIntyre Shadegg tion that the amendment be agreed to Serrano Hinojosa Mica Green (WI) McKeon Shaw and that the bill, as amended, do pass. Sessions Hobson Michaud Green, Gene McMorris Shays Shadegg The SPEAKER pro tempore. Pursu- Hoekstra Miller (FL) Gutknecht Mica Sherman Shaw ant to House Resolution 298, the pre- Holden Miller (MI) Harris Michaud Sherwood Shays Holt Miller (NC) Hart Miller (FL) Shimkus vious question is ordered. Sherman Honda Miller, Gary Hayes Miller (MI) Shuster Sherwood The question is on the amendment. Hooley Miller, George Hayworth Mollohan Simpson Shimkus The amendment was agreed to. Hostettler Mollohan Hefley Moran (KS) Skelton Shuster Hensarling Murphy The SPEAKER pro tempore. The Hoyer Moore (KS) Smith (NJ) Simmons Herger Murtha Hulshof Moore (WI) Smith (TX) question is on the engrossment and Simpson Herseth Musgrave Hunter Moran (KS) Snyder third reading of the bill. Skelton Hobson Myrick Hyde Moran (VA) Souder Slaughter Hoekstra Neugebauer The bill was ordered to be engrossed Inglis (SC) Murphy Spratt Smith (NJ) Holden Ney Stearns and read a third time and was read the Inslee Murtha Hostettler Northup Israel Musgrave Smith (TX) Sullivan third time. Smith (WA) Hoyer Norwood Sweeney Issa Myrick Hulshof Nunes The SPEAKER pro tempore. The Istook Nadler Snyder Tancredo Sodrel Hunter Nussle Tanner question is on the passage of the bill. Jackson (IL) Napolitano Hyde Ortiz Solis Taylor (NC) Under clause 10 of rule XX, the yeas Jackson-Lee Neal (MA) Inglis (SC) Osborne Souder Terry and nays are ordered. (TX) Neugebauer Issa Otter Spratt Thomas Jefferson Ney Istook Oxley The vote was taken by electronic de- Stearns Thornberry Jenkins Northup Jenkins Pastor Strickland Tiahrt vice, and there were—yeas 425, nays 1, Jindal Norwood Jindal Pearce Stupak Tiberi not voting 7, as follows: Johnson (CT) Nunes Johnson (CT) Pence Sullivan Turner Johnson (IL) Nussle Johnson, Sam Peterson (MN) [Roll No. 226] Sweeney Upton Johnson, Sam Oberstar Jones (NC) Peterson (PA) Tancredo Visclosky YEAS—425 Jones (NC) Obey Kanjorski Petri Tanner Walsh Abercrombie Burgess DeGette Jones (OH) Olver Keller Pickering Kanjorski Ortiz Tauscher Kelly Wamp Ackerman Burton (IN) Delahunt Pitts Kaptur Osborne Taylor (MS) Kennedy (MN) Platts Weldon (FL) Aderholt Butterfield DeLauro Keller Otter Taylor (NC) Kennedy (RI) Poe Weldon (PA) Akin Buyer DeLay Kelly Owens Terry King (IA) Pombo Weller Alexander Calvert Dent Kennedy (MN) Oxley Thomas King (NY) Pomeroy Westmoreland Allen Camp Diaz-Balart, L. Kennedy (RI) Pallone Thompson (CA) Kingston Porter Whitfield Andrews Cannon Diaz-Balart, M. Kildee Pascrell Thompson (MS) Kirk Price (GA) Wicker Baca Cantor Dicks Kilpatrick (MI) Pastor Thornberry Kline Pryce (OH) Wilson (SC) Bachus Capito Dingell Kind Paul Knollenberg Putnam Wolf Baird Capps Doggett Tiahrt Payne Kolbe Radanovich Young (AK) Baker Capuano Doolittle King (IA) Tiberi Pearce Kuhl (NY) Ramstad Young (FL) Baldwin Cardin Drake King (NY) Tierney Barrett (SC) Cardoza Dreier Kingston Pelosi Towns NOT VOTING—8 Barrow Carnahan Duncan Kirk Pence Turner Kline Peterson (MN) Cox Filner Menendez Bartlett (MD) Carson Edwards Udall (CO) Knollenberg Peterson (PA) Doyle Hastings (WA) Millender- Barton (TX) Carter Ehlers Udall (NM) Kolbe Petri Emerson Johnson, E. B. McDonald Bass Case Emanuel Upton Bean Castle Engel Kucinich Pickering Van Hollen Beauprez Chabot English (PA) Kuhl (NY) Pitts Vela´ zquez b 1441 Becerra Chandler Eshoo LaHood Platts Visclosky Mr. HALL and Mr. SCHIFF changed Berkley Chocola Etheridge Langevin Poe Walden (OR) Berman Clay Evans Lantos Pombo Walsh their vote from ‘‘no’’ to ‘‘aye.’’ Berry Cleaver Everett Pomeroy Larsen (WA) Wamp Biggert Clyburn Farr Larson (CT) Porter So the amendment was rejected. Wasserman Bilirakis Coble Fattah Price (GA) The result of the vote was announced Latham Schultz Bishop (GA) Cole (OK) Feeney LaTourette Price (NC) Waters as above recorded. Bishop (NY) Conaway Ferguson Leach Pryce (OH) Watson Stated for: Bishop (UT) Conyers Fitzpatrick (PA) Lee Putnam Watt Blackburn Cooper Flake Levin Radanovich Mr. FILNER. Mr. Chairman, on rollcall No. Waxman Blumenauer Costa Foley Lewis (CA) Rahall 225, on the Blumenauer Amendment, I was in Weiner Blunt Costello Forbes Lewis (GA) Ramstad my Congressional District on official business. Boehlert Cox Ford Lewis (KY) Rangel Weldon (FL) Had I been present, I would have voted ‘‘aye.’’ Boehner Cramer Fortenberry Linder Regula Weldon (PA) The CHAIRMAN. The Clerk will read Bonilla Crenshaw Fossella Lipinski Rehberg Weller Bonner Crowley Foxx Westmoreland the last two lines of the bill. LoBiondo Reichert Bono Cubin Frank (MA) Lofgren, Zoe Renzi Wexler The Clerk read as follows: Boozman Cuellar Franks (AZ) Lowey Reyes Whitfield This Act may be cited as the ‘‘Military Boren Culberson Frelinghuysen Lucas Reynolds Wicker Boswell Cummings Gallegly Quality of Life and Veterans Affairs Appro- Lungren, Daniel Rogers (AL) Wilson (NM) Boucher Cunningham Garrett (NJ) Wilson (SC) priations Act, 2006’’. E. Rogers (KY) Boustany Davis (AL) Gerlach Lynch Rogers (MI) Wolf Mr. WALSH. Mr. Chairman, I move Boyd Davis (CA) Gibbons Mack Rohrabacher Woolsey Bradley (NH) Davis (FL) Gilchrest Maloney Ros-Lehtinen Wu that the Committee do now rise and re- Brady (PA) Davis (IL) Gillmor port the bill back to the House with an Manzullo Ross Wynn Brady (TX) Davis (KY) Gingrey Marchant Rothman Young (AK) amendment with the recommendation Brown (OH) Davis (TN) Gohmert Markey Roybal-Allard Young (FL) that the amendment be agreed to and Brown (SC) Davis, Jo Ann Gonzalez Brown, Corrine Davis, Tom Goode NAYS—1 that the bill, as amended, do pass. Brown-Waite, Deal (GA) Goodlatte The motion was agreed to. Ginny DeFazio Gordon Stark

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.033 H26PT1 H4114 CONGRESSIONAL RECORD — HOUSE May 26, 2005 NOT VOTING—7 The SPEAKER pro tempore. Is there been granted access to the classified Doyle Hastings (WA) Millender- objection to the request of the gen- Annex and that they are familiar with Emerson Johnson, E. B. McDonald tleman from Texas? the rules of the House and the com- Filner Menendez There was no objection. mittee with respect to the classified b 1501 f nature of that information and the lim- itations on the disclosure of that infor- So the bill was passed. ANNOUNCEMENT REGARDING H.R. mation. The result of the vote was announced 2475, INTELLIGENCE AUTHORIZA- as above recorded. TION ACT FOR FISCAL YEAR 2006 f A motion to reconsider was laid on APPOINTMENT OF CONFEREES ON the table. (Mr. HOEKSTRA asked and was given permission to address the House H.R. 3, TRANSPORTATION EQUITY Stated against: ACT: A LEGACY FOR USERS Mr. FILNER. Mr. Speaker, on rollcall No. for 1 minute.) 226 on H.R. 2528, I was in my Congressional Mr. HOEKSTRA. Mr. Speaker, I wish Mr. YOUNG of Alaska. Mr. Speaker, I District on official business. Had I been to announce to all Members of the ask unanimous consent to take from present, I would have voted ‘‘nay.’’ House that the Permanent Select Com- the Speaker’s table the bill (H.R. 3) to mittee on Intelligence has ordered the authorize funds for Federal-aid high- f bill, H.R. 2475, the Intelligence Author- ways, highway safety programs, and PERMISSION FOR COMMITTEE ON ization Act for Fiscal Year 2006, re- transit programs, and for other pur- APPROPRIATIONS TO HAVE ported favorably to the House with an poses, with a Senate amendment there- UNTIL MIDNIGHT, JUNE 3, 2005 amendment. The committee’s report to, disagree to the Senate amendment, TO FILE PRIVILEGED REPORT will be filed next week under the unan- and request a conference with the Sen- ON AGRICULTURE, RURAL DE- imous consent just agreed to. ate thereon. VELOPMENT, FOOD AND DRUG Mr. Speaker, I would also like to an- Is there objection to the request of ADMINISTRATION AND RELATED nounce that the classified Schedule of the gentleman from Alaska? AGENCIES APPROPRIATION ACT, Authorizations and the classified There was no objection. 2006 Annex accompanying the bill will be MOTION TO INSTRUCT OFFERED BY MR. Mr. BONILLA. Mr. Speaker, I ask available for review by Members at the OBERSTAR unanimous consent that the Com- offices of the Permanent Select Com- Mr. OBERSTAR. Mr. Speaker, I offer mittee on Appropriations have until mittee on Intelligence in Room H–405 a motion to instruct. midnight, June 3, 2005, to file a privi- of the Capitol beginning any time after The Clerk read as follows: leged report on a bill making appro- the report is filed. The committee of- Mr. Oberstar moves that the managers on priations for Agriculture, Rural Devel- fice will be open during regular busi- the part of the House at the conference on opment, Food and Drug Administra- ness hours for the convenience of any the disagreeing votes of the two Houses on tion, and Related Agencies for the fis- Member who wishes to review this ma- the bill (H.R. 3) to authorize funds for Fed- eral-aid highways, highway safety programs, cal year ending September 30, 2006, and terial prior to its consideration by the House. I anticipate that H.R. 2475 will and transit programs, and for other purposes, for other purposes. be instructed to insist on a level of funding The SPEAKER pro tempore (Mr. be considered on the floor of the House for highway, transit, and highway and motor GILLMOR). Is there objection to the re- the first week after the recess. carrier safety programs equal to: (1) the level quest of the gentleman from Texas? I recommend that Members wishing of funding provided in H.R. 3 ($283.9 billion); There was no objection. to review the classified Annex contact plus (2) the additional resources necessary to The SPEAKER pro tempore. Pursu- the committee’s Director of Security increase the guaranteed rate of return for ant to clause 1 of rule XXI, all points of to arrange a time and date for that States to not less than 92 percent while en- order are reserved on the bill. viewing. This will assure the avail- suring that each State receives no less than ability of committee staff to assist it is provided under H.R. 3. f Members who desire assistance during The SPEAKER pro tempore. Pursu- PERMISSION FOR THE PERMA- their review of these classified mate- ant to clause 7 of rule XXII, the gen- NENT SELECT COMMITTEE ON rials. tleman from Minnesota (Mr. OBERSTAR) INTELLIGENCE TO HAVE UNTIL I urge interested Members to review and the gentleman from Alaska (Mr. MIDNIGHT, JUNE 3, 2005 TO FILE these materials in order to better un- YOUNG) each will control 30 minutes. PRIVILEGED REPORT ON H.R. derstand the committee’s recommenda- The Chair recognizes the gentleman 2475, INTELLIGENCE AUTHORIZA- tion. The classified Annex to the com- from Minnesota (Mr. OBERSTAR). TION ACT FOR FISCAL YEAR 2006 mittee’s report contains the commit- Mr. OBERSTAR. Mr. Speaker, I yield Mr. HOEKSTRA. Mr. Speaker, I ask tee’s recommendations on the intel- myself such time as I may consume. unanimous consent that the Perma- ligence budget for Fiscal Year 2006 and Mr. Speaker, yesterday, when we nent Select Committee on Intelligence related classified information that can- passed the legislation to extend high- may have until midnight, June 3, 2005 not be disclosed publicly. way programs for another 30 days, I to file a privileged report on the bill, It is important that Members keep in said that the most hopeful sign for the H.R. 2475, the Intelligence Authoriza- mind the requirements of clause 13 of upcoming conference was the apparent tion Act for Fiscal Year 2006. House rule XXIII, which only permits agreement that the chairman of our The SPEAKER pro tempore. Is there access to classified information by committee, the gentleman from Alaska objection to the request of the gen- those Members of the House who have (Mr. YOUNG) would chair the con- tleman from Michigan? signed the oath provided for in the ference. That assures that this con- There was no objection. rule. Members are advised that it will ference will move expeditiously, on f be necessary to bring a copy of the rule time, with attention to detail and with XXIII oath signed by them when they a deliberate spirit of achieving all that PERMISSION FOR REDACTION OF come to the committee offices to re- we need to do in policy and financing MISSTATEMENT FROM CONGRES- view the material. to get a bill back, a conference report SIONAL RECORD If a Member has not yet signed the back to the House, to the other body Mr. EDWARDS. Mr. Speaker, today I oath, but wishes to review the classi- and downtown to be signed. made a factual statement about Sec- fied Annex and Schedule of Authoriza- I know how hard the chairman has retary Rumsfeld. I later corrected my- tions, the committee staff can admin- worked, how much time and effort and self. But to ensure against the possi- ister the oath and see to it that the ex- commitment he has made personally to bility that the initial misstatement ecuted form is sent to the Clerk’s of- that initiative, and I am proud to work might be viewed out of context with fice. alongside with him. the correction, I ask unanimous con- In addition, the committee’s rules re- The motion to instruct that I offer sent to redact my initial reference to quire that Members agree in writing to directs House conferees to do two Secretary Rumsfeld and the statement a nondisclosure agreement. The agree- things: Insist in the conference on a of correction from the RECORD. ment indicates that the Member has level of funding for highway transit

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.036 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4115 and highway and motor carrier safety someone else, without doing damage to The fact is congestion is choking our programs equal to the level of funding core programs, without a whole host of cities. It is choking off commerce. It is that is in the bill that passed this other difficulties. causing business to spend more money. body, was reported from our com- Now, the other body found some UPS told me that for every 5 minutes’ mittee, passed this body, 283.9, it money. The other body found $11 bil- delay they lose $40 million nationally, should be 284, but who is going to quib- lion; and in their bill, provided $295 bil- every 5-minute delay. There is a busi- ble with Filene’s Basement’s version of lion in funding and were able to in- ness adverse impact unless we make transportation, and the additional re- crease the minimum rate of return to the investment. It is within our hands sources necessary to increase the guar- 92 percent. Now, whether that $11 bil- to do this. anteed rate of return for States to not lion is fiscally sound or politically sus- Now, even at the Senate-passed level less than 92 percent, while ensuring tainable is a matter we will have to ad- of 295, we are $80 billion below where that every State gets no less than we dress when we get into conference, we know we need to be. What we are provided for every State in our version which is why this motion to instruct is saying with this motion to instruct is of the bill. important. let us go to conference. Let us keep 92 It has been our goal all along to in- We all want to achieve equity. We all percent the rate of return on the radar crease from 90.5 to 92 percent. The want to raise those States up. We all screen, which is our objective and the question of equity has been central to understand, as the other body under- other body’s objective, and get the re- last year’s and the year before and this stood, that if they did not raise their sources we need and do no less for year’s reauthorization debate on sur- numbers to get to be able to commit every State in conference than we did face transportation. In fact, the very $295 billion, they would not be able to in the House bill. title of our bill, Transportation Equity achieve the equity they needed for Mr. Speaker, I reserve the balance of Act: A Legacy for Users, makes equity those western States, large geographic my time. the very top issue in our legislation. areas and large highway mileages and Mr. YOUNG of Alaska. Mr. Speaker, I Donor States, as we have heard for transportation needs, nor would they yield myself such time as I may con- months and months, want their guar- be able to satisfy the donor States or sume. anteed rate of return raised from 90.5 other, smaller, donee States. So they (Mr. YOUNG of Alaska asked and was percent to as much as 95 percent. Now, needed more money. They realistically given permission to revise and extend we could do 95 percent handily at $375 approached the issue and approved 11 his remarks.) billion, the bill that the chairman and billion additional dollars. Mr. YOUNG of Alaska. Mr. Speaker, I I agreed upon, and 74 to 75 members of The reality, as we get into con- reluctantly oppose this motion to in- our committee cosponsored, but that ference, we are not going to be able to, struct the conferees. was not possible under the politics of without additional resources, to come It is a beautifully drafted, I thought, transportation. We understand that. up to the $292 billion level. The other solution to a problem. But I will tell Donee States, on the other hand, body will need to pass a conference re- you after reviewing it that if we go to want to ensure that they continue re- port, and we will not be able to bring 92 percent and we insist that they be no ceiving the adequate highway transpor- back to this body a conference report less than what is in H.R. 3, there will tation funding that they have been ac- that will satisfy donor States, donee be a problem of having a higher num- customed to and committed to. So the States without additional resources. So ber in de facto. I think we can get bipartisan bill that we reported from that is why the additional resources there. I just do not think we ought to committee in the last Congress set the language is needed. be instructing the conferees and having level at $375 billion. the illusion of actually going above to 1515 We knew that that was not going to b what we vote with 417 votes for in this be acceptable downtown or very likely All of it comes right on the heels of House. in the other body, so we scaled the bill the Texas Transportation Institute An- I will urge the gentleman to consider back to $275 billion. But even then the nual report on congestion, their Urban that as we go to conference that I will administration threatened to veto a Mobility Report, issued just a few do everything in my power to get more bill with funding above its view of the weeks ago, which finds once again, money. I think what we ought to be proper investment level, which was a every year, they find congestion in- concentrating on is, that yesterday paltry $256 billion that everyone, the creasing. Overall traffic delays totaled was the seventh extension that we had contractor community, the labor com- 3.7 billion hours, up from 3.6 billion a on this legislation. It is not this body’s munity, the States, the transit au- year ago. fault. It is not the House and the peo- thorities, everybody knows that does Congestion and delay cause an addi- ple’s fault. It is the other side who de- not build you one more mile of high- tional consumption of 2.3 billion gal- cided not to finish this product. Yes, way, one new bridge or buy one new lons of fuel. That means every driver in we just got the papers today, before we transit bus or rail car. Everybody knew America in a congested area is spend- go on this short recess so it has ham- that. It was completely unrealistic. ing 1 week longer in their car than strung us. When we got into conference last they would if they could drive at post- I want us to get to conference. I want year just before the August recess, the ed highway speeds, and they are buying the conferees to be nominated today. I administration finally put on the table one tank of gasoline more than they want us to get the staffs working to- $283.9 billion. And we said, you know, it would if they could drive at posted gether to solve this problem. Try to get is movement in the right direction. Let highway speeds. It is a moral issue be- more money than was there, but stick- us take it and let us go with this. But cause they are taking the name of the ing with the number of House-passed so we never reached agreement in con- Lord more often in traffic on weekdays that we finally get some stability with- ference, which is why, of course, we are than they do in church on Sundays. in the States. back here on the floor. We need to address that issue, all Everything the gentleman said about We agreed at the outset of this Con- three of those issues. We are the most traffic is absolutely right: it has got gress to start where we left off in the mobile society in history. We travel at worse in the last 4 years. We have seen last Congress, without any smoke and an increasing rate and we travel in our a tremendous increase of automobile mirrors, without any fussing said, this cars. Population in the decade of the and trade traffic, and we are not ad- is the number that is realistic, that if ’90s as expressed in the Census of 2000 dressing that issue as we should be. you want to do legislation, this is the group is 4 percent. But transportation I have tried to explain to the people way to do it. Let us start with this usage grew 14 percent, 3-plus times as that this is just another step forward. number. much as population growths. Total ve- When we do get this bill, it is every in- But we also had to face the reality hicle miles traveled, just vehicle miles tention I have by the first or the mid- that it is not possible to do anything traveled, rose 19 percent in that dec- dle of June that we will have this bill above 90.5 percent return on equity for ade. Number of households grew 72 per- on the President’s desk. But that is those States who want us to move cent in that decade, but household ve- just the beginning. We will come back higher, without taking away from hicle miles soared 193 percent. again, and with the gentleman’s help,

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.093 H26PT1 H4116 CONGRESSIONAL RECORD — HOUSE May 26, 2005 again and again and again until we That means that projects have been the Lord’s name more in traffic than solve this problem with transportation foregone, investments have not been they do in church on Sunday. I am in this great Nation of ours. made, jobs have not been created. right with him. And I am trying to cor- Yes, we are mobile compared to the As the gentleman from Minnesota rect that situation. rest of the world, but we are very (Mr. OBERSTAR) point out, people are Again, we agree that we need to quickly becoming less mobile. We are sitting in traffic. We are not keeping move this process forward. This is the becoming standing in traffic. We are up with demand; we are not keeping up seventh extension. There are people not able to deliver next day. We are with maintenance as we should. waiting. There are jobs waiting. In losing effort. We are losing what I call For every billion dollars we invest, some areas, unlike Florida, you only productive hours. And more than that now, remember, we are borrowing a have a certain building season. But we we are losing the edge globally. We are pile of money to run this government, have come to an agreement on a 30-day going to have a vote here in the near $1.3 million a minute to run the gov- extension. We are about to appoint future on CAFTA, or whatever they ernment. Some of it goes to pay people, conferees and move forward with the call that thing, Central America. We not to grow things. Some of it goes to process that will finish the job. But we had a vote on NAFTA. We had a vote other programs of dubious value. But do not want to finish the job and start on GATT. We had a vote on world for this program, for surface transpor- on a shaky foundation. We would send trade, et cetera, et cetera; and this is tation, for highways, for roads, for the wrong message now if we put our well and good, but if we are going to bridges, for mass transit, we are not position forward, the 283.9 or 284 bil- get into that business of trade and pro- borrowing the money. The American lion, it is the House position. duction and import and export, we people have already paid the tax. It is Agreeing on 92 and sending a message have got to have the transportation sitting there waiting to be spent, spent to conference at this point, I submit, is system in place. We have to have the productively, putting people to work, premature. Why would you show your rail in place, which it is not. and moving us more efficiently and cards at this particular juncture in the Every railroad we have today is over- moving goods more efficiently. We conference process? We may be able to subscribed. We have not laid any new should not forego that. do better. We may not have the money A billion dollars, 47,000 jobs are cre- rail access or relieved the congestion to do the 92. We may be putting our- ated or sustained for every billion-dol- on the highway. We have not improved, selves in a very difficult position to lar investment; $6.1 billion in addi- what I think is necessary, truck lanes, start out the conference in already tional economic activity; 32 percent of which is in our bill. We have not done dealing with an administration that we our major roads are in poor or medi- the things we should have done and ev- know is temperamental on this issue. ocre condition; 28 percent of bridges eryone says, well, it will take care of So we need to move forward on a good are structurally deficient or function- itself. Well, that is a very shortsighted, solid foundation. ally obsolete; 36 percent of the Nation’s I think, point of view for this country. We do not need to pass this. urban rail vehicles and maintenance So for those who look upon this bill The other thing, too, I heard our ma- facilities, 29 percent of the Nation’s bus as the final thing, whatever we come jority leader address some folks from fleet and maintenance facilities are in out of a conference, if it is 289, 284, 283, Florida, and he said in Congress the substandard or poor condition. whatever it will be, if it is 290, that is My State alone, the little State of legislative process is something that is just the beginning. And I hope you Oregon, has a $4.7 billion interstate, very important. He said they have a take time to understand that. not intrastate, interstate bridge prob- term for this in Texas. He said they I again reluctantly oppose the mo- lem. The interstate that connects Can- called it ‘‘strategey,’’ just joking of tion to instruct. We will be together in ada, the United States and Mexico; course, for strategy. And I submit this that conference, and we will hopefully California, Oregon, and Washington, is strategery, not good strategy, be- together achieve the goals they are $4.7 billion. cause we are not moving forward in a seeking. Our neighbors to the north in Wash- timely fashion. Mr. Speaker, I reserve the balance of ington State have one problem, a via- Members have not been alerted to my time. duct problem in Seattle, an incredible this action. Some Members, I think, Mr. OBERSTAR. Mr. Speaker, I yield safety issue on an incredible choke have already departed the Chamber and myself 15 seconds. point and problem. That is $1.5 billion are on their way to Memorial Day Mr. Speaker, I appreciate the com- for that one project. And so it is across events back in their districts. So from ments of the chairman, and I simply the country. Member after Member can a strategic standpoint, I think we reiterate what a delight it is to work come forward and enumerate these make a mistake by even offering this with him in concert towards the objec- projects that are necessary, needed in- at this time. I think at the right time tive we all share. vestments. with the right strategy that we could Mr. Speaker, I yield such time as he We need the most robust bill pos- do better to move this process and also may consume to the gentleman from sible. I am hopeful that this is the last the dollars forward to build our Na- Oregon (Mr. DEFAZIO), the ranking extension. I am hopeful this will be a tion’s infrastructure. member of the Subcommittee on Sur- conference that comes to a positive b 1530 face Transportation. conclusion. We can get this done before Mr. DEFAZIO. Mr. Speaker, I thank the end of June with a sense of urgency Mr. OBERSTAR. Mr. Speaker, I yield the gentleman. I thank the ranking and with the leadership of these two myself 15 seconds. member for his leadership on this gentlemen. I appreciate the difficulty in which issue, and I thank the chairman for his Mr. YOUNG of Alaska. Mr. Speaker, I my committee colleagues find them- leadership. yield such time as he may consume to selves in this matter, but I would also I know that were we acting independ- the gentleman from Florida (Mr. MICA). observe that the business of the House ently as a committee to formulate the Mr. MICA. Mr. Speaker, I thank the is never over until the adjournment legislation and set the surface trans- chairman for yielding me time. I must vote. portation policy for the United States say that I enjoy serving with the gen- Mr. Speaker, I yield such time as he of America, the bill would be much tleman from Minnesota (Mr. OBER- may consume to the gentleman from more robust than what is before us STAR). He certainly is one of the most Oregon (Mr. BLUMENAUER). today. But we have to deal with the knowledgeable people on transpor- Mr. BLUMENAUER. Mr. Speaker, I facts that are before us. tation issues. He was working on it appreciate the gentleman’s courtesy in We are 20 months overdue on a sur- long before I came to Congress. We yielding me this time to speak on his face transportation reauthorization. agree on many transportation issues. motion to instruct. We have extended the old transpor- However, I think we may disagree on And I must say, Mr. Speaker, that I tation bill seven times at lower levels this particular action he is asking for join in the gentleman’s assessment of of funding than under any scenario of the House to take. the capacity of the chairman of our bill that will come out of any con- To paraphrase him, he said we need committee, who will be chairing the ference with the House and the Senate. to address the problem of people taking conference committee; and we know

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.094 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4117 there will be no cell phones that will in order to ensure that transportation to the Nation as a whole. The States violate the sanctity of the conference is near neighborhoods, the increasing are battling red ink and want to see committee activity. Would that it use of toll roads, primarily because this bill passed. The construction com- would set the tone for the entire Con- there is need for more money to pro- panies, who are laying off employees, gress. vide for transportation, the lack of dol- want to see this bill passed. And the I take modest exception to my friend lars to help with our rail systems citizens waiting in traffic jams in Or- from Florida, because I think the spirit throughout America. lando, Florida, and central Florida with which this is offered is to, in fact, Clearly, we need to ensure that the want to see this bill pass. strengthen the foundation upon which funding in H.R. 3, that was collabo- Let us get serious about putting peo- the chairman and the members of our ratively voted on in a bipartisan man- ple back to work and let us pass a bill conference committee will go into this ner, is preserved and to instruct that that truly meets the needs of the trav- discussion. It is an opportunity for us our States receive the dollars nec- eling public and not the needs of this to present a united front in the House. essary for safety and for transpor- President who is trying to look fiscally I think it is quite clear, based on the tation. This motion to instruct is sim- responsible while he runs up the na- work that has gone on in the course of ply a gift to the conferees in order to tional debt. the last 21⁄2 years, that there is strong, give them the enhanced instruction to I encourage everyone to contact their strong interest and understanding and make the transportation bill the one Members and ask them to support appreciation of what robust means. that provides jobs, builds highways, transportation funding that truly This is an opportunity for us to dem- provides highway safety programs and meets the needs of this growing Na- onstrate once again the breadth of sup- transit programs; and for me, hap- tion. We need to stop spending money port that our chairman and our leader- pening to be a mass transit supporter, everywhere but here in the United ship take into this conference com- we would hope these dollars would also States. Transportation infrastructure mittee. be focused on bus transportation and spending is an investment in America, It is truly the broadest base of sup- mass transportation, including light and it is time we spent money on some- port for a transportation infrastruc- rail, which is so needed in the city of thing that benefits the people that are ture bill that we have ever seen. It rep- Houston. actually paying the bills. resents from coast to coast, rural and So I hope my colleagues will support Mr. YOUNG of Alaska. Mr. Speaker, I urban, small State, suburb, not just enthusiastically this motion to in- have no further requests for time, and highway, of which we are deeply con- struct because, again, it provides a I yield back the balance of my time. cerned, but our chairman and ranking solid foundation for us to build a new Mr. OBERSTAR. Mr. Speaker, I yield member are deeply appreciative of the and innovative transportation system myself the balance of my time. relationship of all the transportation for all of America. We have had a good discussion of the modes and many of the smaller Mr. OBERSTAR. Mr. Speaker, I yield subject matter. I think it need not be projects that are within the ambit of myself 15 seconds to thank the gentle- further elaborated. Again, if you are the ISTEA legislation. woman from Houston for her thought- serious about a good result in the con- This vote on the motion to instruct ful remarks, representing the Nation’s ference, you will support this motion will clearly strengthen the hand of the fourth largest urban area. She cer- to instruct conferees, a fair, equitable, Chair and of the House. It is a point of tainly knows whereof she speaks about and balanced motion. departure. I am willing to follow them transportation and congestion. Mr. Speaker, I yield back the balance forward if we can expand the bound- Mr. Speaker, I yield 3 minutes to the of my time. aries here to capture the spirit and the gentlewoman from Florida (Ms. The SPEAKER pro tempore (Mr. interest and the concern not just of our CORRINE BROWN), the ranking member SIMPSON). Without objection, the pre- committee, but the people that we rep- on our Subcommittee on Railroads. vious question is ordered on the motion resent at home and the Members in the Ms. CORRINE BROWN of Florida. to instruct. House. Mr. Speaker, I thank the gentleman for With all due respect, I would suggest yielding me this time, and I want to There was no objection. that the offer with which I think this thank Chairman YOUNG and Chairman The SPEAKER pro tempore. The is offered and that I will support is to PETRI, and particularly I want to question is on the motion to instruct strengthen the hand of the chairman thank Ranking Member OBERSTAR for offered by the gentleman from Min- and ranking member, strengthen the his leadership on this issue. nesota (Mr. OBERSTAR). hand of the House, and capture the This bill is over 2 years overdue, and The question was taken; and the broad base of support so we can be suc- that is just not fair to the Nation’s Speaker pro tempore announced that cessful in this important deliberation. traveling public who deserve better the ayes appeared to have it. Mr. YOUNG of Alaska. Mr. Speaker, I from this Congress and, of course, from Mr. YOUNG of Alaska. Mr. Speaker, reserve the balance of my time. this administration. We spend $1 bil- on that I demand the yeas and nays. Mr. OBERSTAR. Mr. Speaker, I yield lion a week in Iraq, yet there is a ques- The yeas and nays were ordered. 2 minutes to the gentlewoman from tion as to the level of spending in this The vote was taken by electronic de- Texas (Ms. JACKSON-LEE). transportation bill. Clearly, the com- vice, and there were—yeas 189, nays Ms. JACKSON-LEE of Texas. Mr. mittee voted $318 billion for transpor- 223, not voting 21, as follows: Speaker, I thank the distinguished gen- tation. The Department of Transpor- [Roll No. 227] tleman for yielding me this time, and I tation itself said that we needed $375 YEAS—189 echo the remarks of my colleague from billion. They said $375 billion. Abercrombie Brown, Corrine Davis (CA) Oregon as well the ranking member of The Department of Transportation Ackerman Butterfield Davis (FL) the Committee on Transportation and statistics show that for every $1 billion Allen Capps Davis (IL) Infrastructure. This is a bipartisan bill. invested in transportation infrastruc- Andrews Capuano Davis (TN) Baca Cardin Davis, Tom I cannot do anything more than to con- ture, it creates 42,000 jobs. It also saves Baird Cardoza DeFazio gratulate Chairman YOUNG and Rank- the lives of 1,400 people, and you can- Baldwin Carnahan DeGette ing Member OBERSTAR for the collabo- not argue with those figures. Transpor- Barrow Carson DeLauro rative method in which they have ap- tation funding is a win-win for every- Bean Case Dicks Becerra Chandler Dingell proached the legislation that would one involved. The States get to im- Berman Clay Doggett provide for transportation for America. prove their transportation and infra- Berry Cleaver Edwards But, Mr. Speaker, this motion to in- structure. That creates economic de- Bishop (GA) Clyburn Emanuel Bishop (NY) Conyers Engel struct is a big plus for the State of velopment and puts people back to Blumenauer Cooper Eshoo Texas because of the great changing work; it enhances safety and improves Boren Costa Etheridge needs that we are facing: The conges- local communities. Boswell Costello Evans tion that we are facing not only in our By delaying the passage of this Boucher Crowley Farr Boyd Cuellar Ford cities, but in our rural areas, the neces- much-needed legislation, we are doing Brady (PA) Cummings Frank (MA) sity of urban areas to have sound walls a disservice to the driving public and Brown (OH) Davis (AL) Gonzalez

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.097 H26PT1 H4118 CONGRESSIONAL RECORD — HOUSE May 26, 2005 Gordon Matsui Sabo Platts Ryun (KS) Taylor (NC) PERSONAL EXPLANATION Green, Al McCollum (MN) Salazar Poe Saxton Terry Grijalva McGovern Sa´ nchez, Linda Pombo Schwarz (MI) Thomas Mr. FATTAH. Mr. Speaker, I inadvertently Gutierrez McIntyre T. Porter Sensenbrenner Thornberry voted against the Motion to Instruct Conferees Harman McKinney Sanchez, Loretta Price (GA) Sessions Tiahrt Hastings (FL) Meehan Sanders Pryce (OH) Shadegg Tiberi on H.R. 3, which instructs conferees to in- Herseth Meek (FL) Schakowsky Putnam Shaw Turner crease funding for the Transportation/Highway Higgins Meeks (NY) Schiff Radanovich Shays Upton bill. The motion would increase the minimum Hinchey Melancon Schwartz (PA) Ramstad Sherwood Walden (OR) guaranteed rate of return to 92 percent, while Hinojosa Michaud Scott (GA) Regula Shimkus Walsh Holt Miller (NC) Scott (VA) Rehberg Shuster Wamp ensuring that each state receives no less than Honda Miller, George Serrano Reichert Simmons Weldon (FL) what is provided under the bill. Hooley Mollohan Sherman Renzi Simpson Weller I request that the record reflect that I sup- Hoyer Moore (KS) Skelton Reynolds Smith (NJ) Westmoreland Inslee Moore (WI) Slaughter Rogers (AL) Smith (TX) Whitfield port the motion and I intended to vote for it. Israel Moran (VA) Snyder Rogers (KY) Sodrel Wicker f Jackson (IL) Murtha Solis Rogers (MI) Souder Wilson (NM) Jackson-Lee Nadler Spratt Rohrabacher Stearns Wilson (SC) PROVIDING FOR AN ADJOURN- (TX) Napolitano Stark Ros-Lehtinen Sullivan Wolf MENT OR RECESS OF THE TWO Jefferson Neal (MA) Strickland Royce Sweeney Young (AK) Johnson, E. B. Oberstar Stupak Ryan (WI) Tancredo Young (FL) HOUSES Jones (OH) Obey Tanner NOT VOTING—21 Mr. PRICE of Georgia. Mr. Speaker, I Kanjorski Olver Tauscher Kaptur Ortiz Thompson (CA) Berkley Green, Gene Menendez offer a privileged concurrent resolution Kennedy (RI) Owens Thompson (MS) Cramer Hastings (WA) Millender- (H. Con. Res. 167) and ask for its imme- Kildee Pallone Tierney Cunningham Holden McDonald diate consideration. Kilpatrick (MI) Pascrell Towns Deal (GA) Jenkins Smith (WA) The SPEAKER pro tempore. The Kucinich Pastor Udall (CO) Delahunt Kind Taylor (MS) Langevin Paul Udall (NM) Doyle McCarthy Weldon (PA) Clerk will report the concurrent reso- Lantos Payne Van Hollen Emerson McDermott lution. Larsen (WA) Pelosi Vela´ zquez Filner McNulty The Clerk read as follows: Larson (CT) Peterson (MN) Visclosky Lee Pomeroy Wasserman b 1602 H. CON. RES. 167 Levin Price (NC) Schultz Mr. BONNER, Mr. OTTER, Ms. Resolved by the House of Representatives (the Lewis (GA) Rahall Waters Senate concurring), That when the House ad- Lipinski Rangel Watson PRYCE of Ohio, Mr. ISTOOK and Mr. Lofgren, Zoe Reyes Watt DANIEL E. LUNGREN of California journs on the legislative day of Thursday, Lowey Ross Waxman changed their vote from ‘‘yea’’ to May 26, 2005, or Friday, May 27, 2005, on a motion offered pursuant to this concurrent Lynch Rothman Weiner ‘‘nay.’’ Maloney Roybal-Allard Wexler resolution by its Majority Leader or his des- Markey Ruppersberger Woolsey So the motion was rejected. ignee, it stand adjourned until 2 p.m. on Marshall Rush Wu The result of the vote was announced Tuesday, June 7, 2005, or until the time of Matheson Ryan (OH) Wynn as above recorded. any reassembly pursuant to section 2 of this A motion to reconsider was laid on concurrent resolution, whichever occurs NAYS—223 the table. first; and that when the Senate recesses or Aderholt Dreier Kelly The SPEAKER pro tempore (Mr. adjourns on Thursday, May 26, 2005, or Fri- Akin Duncan Kennedy (MN) SIMPSON). The Chair will appoint con- day, May 27, 2005, on a motion offered pursu- Alexander Ehlers King (IA) ant to this concurrent resolution by its Ma- Bachus English (PA) King (NY) ferees at a later time. Baker Everett Kingston Stated for: jority Leader or his designee, it stand re- Barrett (SC) Fattah Kirk Mr. FILNER. Mr. Speaker, on rollcall No. cessed or adjourned until noon on Monday, Bartlett (MD) Feeney Kline 227, on H.R. 3 Motion to Instruct, I was in my June 6, 2005, or Tuesday, June 7, 2005, or until Barton (TX) Ferguson Knollenberg Congressional District on official business. such other time on either of those days as Bass Fitzpatrick (PA) Kolbe may be specified by its Majority Leader or Beauprez Flake Kuhl (NY) Had I been present, I would have voted ‘‘yea.’’ his designee in the motion to recess or ad- Biggert Foley LaHood f journ, or until the time of any reassembly Bilirakis Forbes Latham Bishop (UT) Fortenberry LaTourette PERSONAL EXPLANATION pursuant to section 2 of this concurrent reso- Blackburn Fossella Leach lution, whichever occurs first. Blunt Foxx Lewis (CA) Ms. EDDIE BERNICE JOHNSON of Texas. Sec. 2. The Speaker of the House and the Boehlert Franks (AZ) Lewis (KY) Mr. Speaker, on May 26, 2005, I unfortunately Majority Leader of the Senate, or their re- Boehner Frelinghuysen Linder missed 5 recorded votes and regret missing spective designees, acting jointly after con- Bonilla Gallegly LoBiondo them. sultation with the Minority Leader of the Bonner Garrett (NJ) Lucas House and the Minority Leader of the Sen- Bono Gerlach Lungren, Daniel Mr. Speaker, on rollcall No. 223, On Order- Boozman Gibbons E. ing the Previous Question (House Resolution ate, shall notify the Members of the House Boustany Gilchrest Mack 298), had I been present, I would have voted and the Senate, respectively, to reassembled Bradley (NH) Gillmor Manzullo at such place and time as they may des- Brady (TX) Gingrey Marchant ‘‘no.’’ I ask unanimous consent that my state- ignate whenever, in their opinion, the public Brown (SC) Gohmert McCaul (TX) ment appear in the RECORD. interest shall warrant it. Brown-Waite, Goode McCotter Mr. Speaker, on rollcall No. 224, On Agree- The concurrent resolution was agreed Ginny Goodlatte McCrery ing to the Melancon of Louisiana Amendment Burgess Granger McHenry to. (House Resolution 2528), had I been present, Burton (IN) Graves McHugh A motion to reconsider was laid on Buyer Green (WI) McKeon I would have voted ‘‘aye.’’ I ask unanimous the table. Calvert Gutknecht McMorris consent that my statement appear in the Camp Hall Mica ECORD f Cannon Harris Miller (FL) R . Cantor Hart Miller (MI) Mr. Speaker, on rollcall No. 225, On Agree- CONDITIONAL ADJOURNMENT TO Capito Hayes Miller, Gary ing to the Blumenauer of Oregon Amendment MONDAY, MAY 30, 2005 Carter Hayworth Moran (KS) (House Resolution 2528), had I been present, Castle Hefley Murphy Mr. PRICE of Georgia. Mr. Speaker, I Chabot Hensarling Musgrave I would have voted ‘‘aye.’’ I ask unanimous Chocola Herger Myrick consent that my statement appear in the ask unanimous consent that when the Coble Hobson Neugebauer RECORD. House adjourns today, it adjourn to Cole (OK) Hoekstra Ney Mr. Speaker, on rollcall No. 226, Final Pas- meet at noon on Monday, May 30, 2005, Conaway Hostettler Northup unless it sooner has received a message Cox Hulshof Norwood sage of H.R. 2528, the Military Quality of Life Crenshaw Hunter Nunes & Veterans Affairs Appropriations Act, had I from the Senate transmitting its con- Cubin Hyde Nussle been present, I would have voted ‘‘aye.’’ I ask currence in House Concurrent Resolu- Culberson Inglis (SC) Osborne unanimous consent that my statement appear tion 167, in which case the House shall Davis (KY) Issa Otter Davis, Jo Ann Istook Oxley in the RECORD. stand adjourned pursuant to that con- DeLay Jindal Pearce Mr. Speaker, on rollcall No. 227, On Motion current resolution. Dent Johnson (CT) Pence to Instruct Conferees to the Transportation Eq- The SPEAKER pro tempore. Is there Diaz-Balart, L. Johnson (IL) Peterson (PA) uity Act, had I been present, I would have objection to the request of the gen- Diaz-Balart, M. Johnson, Sam Petri Doolittle Jones (NC) Pickering voted ‘‘aye.’’ I ask unanimous consent that my tleman from Georgia? Drake Keller Pitts statement appear in the RECORD. There was no objection.

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.039 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4119 DISPENSING WITH CALENDAR Representatives, effective May 30, 2005. This many instances, have no adequate safe- WEDNESDAY BUSINESS ON date will also be my effective date of retire- guards to ensure that only authorized WEDNESDAY, JUNE 8, 2005 ment from Federal Service. personnel can access sensitive areas of It has been an honor to serve the House as the port. If we allow this system to Mr. PRICE of Georgia. Mr. Speaker, I the Inspector General for the last five years. ask unanimous consent that the busi- My goal, and that of my staff, has been to continue unchecked, it is only a matter ness in order under the Calendar help the House achieve the best use of all the of time until terrorists attempt to de- Wednesday rule be dispensed with on dollars it spends, increase efficiencies, and liver a weapon of mass destruction to Wednesday, June 8, 2005. ensure the health, safety, and security of our doorstep via ship, truck or cargo The SPEAKER pro tempore. Is there Members, staff, and visitors. Through the container. objection to the request of the gen- combined support of the House Leadership, New reports by the Government Ac- the Committee on House Administration, countability Office, Congress’ inves- tleman from Georgia? and the hard work of my staff, I believe we There was no objection. tigative arm, fault both the Customs- have helped the House accomplish its admin- Trade Partnership Against Terrorism f istrative goals. Now, after slightly more than 35 years of and the Container Security Initiative. MEMORIAL DAY Federal Service, I look forward to a new C-TPAT allows international shippers (Ms. JACKSON-LEE of Texas asked chapter in my life; the pursuit of a hobby to get quicker clearance through Cus- and was given permission to address and business venture as a kayak instructor toms in exchange for voluntary secu- the House for 1 minute and to revise and kayaking guide. rity measures. But the GAO said that and extend her remarks.) Once again, it has been a great honor to the U.S. Customs and Border Protec- Ms. JACKSON-LEE of Texas. Mr. serve the House of the Inspector General for tion’s vetting process was not thorough the last five years. It has been a fulfilling enough. It found that only 10 percent of Speaker, I wanted to take this oppor- and rewarding experience! tunity to thank America’s veterans the certified members had been vali- and to offer my sympathy to those f dated through an actual physical in- families that will experience for the SPECIAL ORDERS spection by the Agency. The rest had been certified by paperwork applica- first time and for many, many times The SPEAKER pro tempore. Under the difficulty of Memorial Day, for tions. the Speaker’s announced policy of Jan- As part of the recently passed Home- they are the families that are now suf- uary 4, 2005, and under a previous order fering the loss of a loved one who has land Security authorization bill, the of the House, the following Members House took some important steps to fallen in battle or in the service of his will be recognized for 5 minutes each. or her country. improve the screening of cargo by ex- Today, we had the honor of traveling f panding the Container Security Initia- to Arlington Cemetery, as I said ear- INTRODUCTION OF REDUCING tive and refocusing it, based on risk. lier, to place the wreath of honor in CRIME AND TERRORISM AT But the truth is that not every con- honor of women who have fallen in bat- AMERICA’S SEAPORTS ACT OF tainer can be inspected, and we need to tle. The good news about America is 2005 use other tools at our disposal to deter that in times of conflict, however we those who would use our seaports as a may disagree on the policy, we are The SPEAKER pro tempore. Under a point of attack until we can inspect or united behind the men and women who previous order of the House, the gen- somehow verify each container. leave their homes and leave their fami- tleman from California (Mr. SCHIFF) is Strengthening criminal penalties, as lies and leave all that they love to be recognized for 5 minutes. Chairman COBLE and I are proposing able to serve this country. Mr. SCHIFF. Mr. Speaker, along with with this bill, is one way we make our My sadness, however, is that there the gentleman from North Carolina Nation’s ports less vulnerable. are so many that are coming back in (Mr. COBLE), chairman of the Judiciary The Reducing Crime and Terrorism caskets covered and draped by the Committee’s Subcommittee on Crime, at America’s Seaports Act of 2005 will American flag. And so I think it is ex- Terrorism, and Homeland Security, I fill a gaping hole in our defense against tremely important that on this Memo- am pleased to introduce the Reducing terrorism and make American ports, rial Day, we are united in our honoring Crime and Terrorism at America’s Sea- passengers and cargo safer. Our bill is and our admiration and our affection ports Act of 2005. substantially similar to bipartisan for those who have lost their lives in There are 361 seaports in the United Senate legislation introduced earlier Iraq and Afghanistan. States that serve essential national in- this year by Senators BIDEN and SPEC- May God bless them, God bless their terests by facilitating the flow of trade TER and supported by other key mem- families, and God bless the United and the movement of cruise passengers, bers of the Judiciary Committee, in- States of America. as well as supporting the effective and cluding Senators DIANNE FEINSTEIN and safe deployment of U.S. Armed Forces. f ORRIN HATCH. The Senate version of These seaport facilities and other ma- this legislation has been reported fa- COMMUNICATION FROM INSPEC- rine areas cover some 3.5 million vorably by the Senate Judiciary Com- TOR GENERAL, HOUSE OF REP- square miles of ocean area and 95,000 mittee and is awaiting action by the RESENTATIVES miles of coastline. full Senate. The SPEAKER pro tempore (Mr. Millions of shipping containers pass Our bill makes common-sense KUHL of New York) laid before the through our ports every month. A sin- changes to our criminal laws and will House the following communication gle container has room for as much as help to close security gaps confronting from Steven A. McNamara, Inspector 60,000 pounds of explosives, 10 to 15 our ports. The amendment will make it General, House of Representatives: times the amount in the Ryder truck a crime to use a vessel to smuggle ter- OFFICE OF INSPECTOR GENERAL, used to blow up the Murrah Federal rorists or dangerous materials, includ- HOUSE OF REPRESENTATIVES, Building in Oklahoma City. When you ing nuclear material, into the U.S., im- Washington, DC, May 16, 2005. consider that a single ship can carry as pose stiff criminal penalties for pro- MEMORANDUM many as 8,000 containers at one time, viding false information to a Federal To: Hon. DENNIS HASTERT, Speaker of the the vulnerability of our seaports is law enforcement officer at a port or on House. alarming. a vessel, and double the sentence of Hon. TOM DELAY, Majority Leader of the Each year, more than 141 million anyone who fraudulently gains access House. ferry and cruise ship passengers, more to a seaport. Hon. NANCY PELOSI, Minority Leader of the than 2 billion tons of domestic and Our bill would also directly access House. international freight and 3 billion tons several immediate threats by increas- From: STEVEN A. MCNAMARA, Inspector Gen- of oil move through U.S. seaports. Mil- ing penalties for smugglers who mis- eral. Subject: Notification of Resignation and Re- lions of truck-size cargo containers are represent illicit cargo. It would also tirement. off-loaded onto U.S. docks. Many sea- bridge specific gaps in current Federal Please accept my offer of resignation, as ports are still protected by little more law by making it a crime for a vessel the Inspector General for the U.S. House of than a chain link fence and, in far too operator to fail to stop when ordered to

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.102 H26PT1 H4120 CONGRESSIONAL RECORD — HOUSE May 26, 2005 do so by a Federal law enforcement of- told the House Committee on Govern- unites the growing collection of insur- ficer. ment Reform that we could secure the gent forces. Mr. Speaker, America’s ports remain border, that we could secure the bor- Since our military presence actually vulnerable and this Nation needs a der, with an additional 50,000 auxiliary encourages further fighting, this war multifaceted strategy to secure them officers. That figure is in very close will continue as long as U.S. troops re- and to deter those who would harm this agreement with the draft field research main in Iraq. That is why Congress country. The Reducing Crime and Ter- by the Immigration Reform Caucus must accept the fact that we cannot rorism at America’s Seaports Act of that was reported this week by the possibly bring our involvement in Iraq 2005 is part of that strategy. Washington Times, CNN’s Lou Dobbs, to any kind of successful conclusion I urge my colleagues to join Chair- and Fox News, which estimates 36,000 through military means. man COBLE and me by cosponsoring auxiliaries may accomplish the same Yesterday, during consideration of this legislation. purpose. the National Defense Authorization Act for Fiscal Year 2006, I offered an f Governor Arnold Schwarzenegger of California and Janet Napolitano of Ari- amendment urging the President to de- b 1615 zona, of New Mexico, velop a plan for the withdrawal of The SPEAKER pro tempore (Mr. and Governor Rick Perry of Texas can troops from Iraq. Surprisingly, this KUHL of New York). Under a previous order their National Guard, with sup- was the first time the House has for- order of the House, the gentleman from port from other States through the Na- mally debated the possibility of with- Minnesota (Mr. GUTKNECHT) is recog- tional Guard Bureau, to secure their drawal from Iraq. We were allotted nized for 5 minutes. section of their border today. We have only 30 minutes for the debate: 15 min- (Mr. GUTKNECHT addressed the already authorized the Secretary of De- utes on my side, 15 minutes on the side House. His remarks will appear here- fense to pay the cost of that deploy- opposing my amendment. But it is no after in the Extensions of Remarks.) ment in last year’s Defense Authoriza- surprise, of course, the amendment was defeated. But in spite of that, it is f tion Act. In addition, we are bringing clear that the Congress is starting to ORDER OF BUSINESS home 70,000 Federal troops from around the world, where they have been guard- get serious about a plan for leaving Mr. NORWOOD. Mr. Speaker, I ask ing other nations’ borders for the past Iraq. 128 Members, including five Re- unanimous consent to take my Special 60 years. A simple executive order from publicans, voted for this amendment. But there is much more work to do, Order at this time. the President would allow them to re- Mr. Speaker. The has now The SPEAKER pro tempore. Is there lieve our National Guard and have objection to the request of the gen- raged on for more than 2 years, and we 20,000 men and women to spare. are no closer to winning this conflict tleman from Georgia? All it takes, Mr. Speaker, is will. We than we were when President Bush de- There was no objection. have the manpower and we have the clared an end to major combat oper- f money. ations under an arrogant banner de- Mr. Speaker, on May 5 the American BORDER CONTROL AND AMNESTY claring ‘‘Mission Accomplished.’’ people responded to a Zogby nation- Despite this lack of progress, the war The SPEAKER pro tempore. Under a wide poll on this issue. They approve previous order of the House, the gen- has exacted a deeply troubling human using Federal troops to secure our bor- and financial toll. In just over 2 years tleman from Georgia (Mr. NORWOOD) is der by a 53 to 40 percent margin. They recognized for 5 minutes. of war, more than 1,600 American sol- approve using State and local law diers and an estimated 25,000 Iraqi in- Mr. NORWOOD. Mr. Speaker, this agencies to help secure our border by month a bill to grant amnesty to ille- nocents have been killed. The Pen- an 81 to 14 percent margin. They op- tagon lists the number of Americans gal immigrants was introduced in the pose an amnesty plan like that pro- United States Senate. wounded as just over 12,000. But that posed in the Senate by a 56 to 35 per- does not take into account even the in- I think we should send a very clear cent margin. message to the other body not to waste visible wounds many of our soldiers This week, after the border patrol will be bringing home and have already their time or ours on any bill dealing draft reported by caucus investigators with the status of illegal immigrants brought home, the painful mental trau- was released, CNN online polls were ma they have contracted from months until we first secure our borders. running 92 percent in favor of using our What good does it do to try to ad- and years of fighting. When accounting military to control our borders. In re- for these psychological injuries, the dress the problems of 11 to 16 million sponse, the Mexican Government this number of wounded jumps to nearly people who are here illegally if we do week spoke out against us securing our 40,000. not address the gaping wound that al- border with our troops. To date, Congress has appropriated lowed them in this country to start The American public demands we do more than $200 billion for military op- with? so. erations in Iraq, despite little to no The majority of illegals simply walk Now is the time for every Member of oversight as to how these funds are across our woefully undermanned 2,000- this body to choose whose side we are going to be spent, which has allowed $9 mile border with Mexico. We could de- on. billion in reconstruction funds to just port them back to their country of ori- f vanish from the coffers of the Coalition gin, and millions would be pouring Provisional Authority, which was the back across that same border within SMART SECURITY AND THE NEED FOR AN IRAQ PLAN American governing body that man- hours. We could turn our backs on jus- aged Iraq until the year 2004. tice and the rule of law and declare ev- The SPEAKER pro tempore. Under a Given what is at stake here, do the eryone here as now to be legal. Within previous order of the House, the gentle- American people not deserve a plan? hours we would have millions more il- woman from California (Ms. WOOLSEY) Do our brave men and women, who are legal immigrants walking across that is recognized for 5 minutes. selflessly sacrificing their lives, not to same border, encouraged by the fact Ms. WOOLSEY. Mr. Speaker, it is mention their arms, legs, for a war that they could laugh at our laws with time for Congress to take a good, hard that we should not be in in the first impunity. look at the role the United States is place, not deserve a plan? Either extreme, or anything in be- playing in Iraq and whether or not it is Let us not forget that the legislative tween, is pointless while we let our in our national interest to maintain a branch is constitutionally mandated to border continue to bleed. Trying to de- military presence. oversee expenditures from our National fend 1,951 miles of border against 4 mil- We need to acknowledge the fact that Treasury. Instead of allowing fat-cat lion illegal immigrants a year with Iraq’s insurgency is growing in war profiteers like Halliburton and its just 10,817 border patrol officers is a strength, not diminishing, and that the subsidiary, Kellogg, Brown and Root, mathematical impossibility. very presence of 150,000 American to line their pockets as war profiteers, This month Customs and Border Pro- troops on Iraqi soil appears as though it is time Congress started fulfilling tection Commissioner Robert Bonner they see us as occupiers that actually our responsibility.

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.103 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4121 We must develop a smarter agenda. To observe the current unemploy- tween certain individuals and mate- We must develop an agenda that will ment and socialist economic structure rials in Bosnia and the horrific Madrid help Iraq, and we will then be able to in Kosovo is to recognize that the pre- bombings that took place last year de- reduce our military occupation. We vious administration’s so-called policy serve our attention and our investiga- must insist on planning by the Bush there has been an absolute and utter tion rather than our rebuke. I truly be- administration. This 2-year war has failure. I certainly agree that we lieve, Mr. Speaker, it is time we take a left us disturbingly weak against the should be looking for a workable solu- second, very serious look at the reali- true security threats we face. Let us tion for all in that region; but in order ties and the growing terrorist danger not forget that Osama bin laden is still to do so, we cannot disregard the fact in Bosnia. that there have been over 300 mosques at large and al Qaeda continues to re- f constructed in Kosovo since 1999, most- cruit new members in Iraq as well as The SPEAKER pro tempore (Mr. the rest of the Middle East. ly funded by Saudi Arabia, while at the KUHL of New York). Under a previous very same time, 150 Serbian churches, Fortunately, there is a plan that order of the House, the gentleman from would secure America for the future: Orthodox churches, about 10 percent of Illinois (Mr. EMANUEL) is recognized for the SMART Security concurrent reso- all the churches in Kosovo, have been destroyed. And I am wondering if this 5 minutes. lution, H. Con. Res. 158, which I re- (Mr. EMANUEL addressed the House. cently reintroduced with the support of is the legacy that we want to leave for the United States involvement, Mr. His remarks will appear hereafter in 49 of my House colleagues. SMART is a the Extensions of Remarks.) Sensible, Multilateral, American Re- Speaker. sponse to Terrorism for the 21st Cen- Further, we can now clearly see that f many of the most dangerous terrorists tury. It will help us address the threats IN OPPOSITION TO CANCELLATION that the United States has encountered we face as a Nation. SMART Security OF GENOCIDE CONFERENCE IN in the fight against terrorism have had will prevent terrorism by addressing TURKEY the very conditions which allow ter- some connection to the Balkans and The SPEAKER pro tempore. Under a rorism to take root: poverty, despair, particularly Bosnia. For example, two previous order of the House, the gen- resource scarcity, and lack of edu- of the September 11 hijackers fought in tleman from New Jersey (Mr. PALLONE) cational opportunity. Instead of rush- the wars in Bosnia. Sohel al Saahli is recognized for 5 minutes. ing off to war under false pretenses, fought in Afghanistan, Bosnia, and Mr. PALLONE. Mr. Speaker, I rise SMART Security encourages the Chechnya; and he later became a leader this afternoon to voice my outrage and United States to work with other na- in Iraq and was killed in a U.S. air great disappointment about a recent tions to address the most pressing strike in March of 2003. Abdel Aziz al development in Turkey. A conference global issues. Muqrin, al Qaeda’s leader in Saudi Ara- bia, personally decapitated Paul John- set to begin yesterday in Bogazici Uni- f son; and he had fought in Bosnia, Alge- versity, of Turkish scholars and aca- The SPEAKER pro tempore. Under a ria, Ethiopia, and Afghanistan. demics, entitled ‘‘Ottoman Armenians previous order of the House, the gen- Mr. Speaker, there is an alarming During the Decline of the Empire: tleman from North Carolina (Mr. pattern here. Issues of Scientific Responsibility and JONES) is recognized for 5 minutes. Abu Anas al Shami fought with other Democracy,’’ was indefinitely post- (Mr. JONES of North Carolina ad- Jordanian extremists to fight jihad in poned by the university organizers. dressed the House. His remarks will ap- Bosnia. He was the right hand of Abu According to Agence France-Presse, pear hereafter in the Extensions of Re- Masab al Zarqawi fighting against U.S. Turkish Justice Minister Cemil Cicek marks.) forces in Iraq until he was killed in yesterday accused conference orga- f September, 2004. nizers of committing treason, saying, And, unfortunately, Mr. Speaker, our ‘‘We must put an end to this cycle of ORDER OF BUSINESS Balkans policies helped these terror- treason and insults, of spreading propa- Mr. FRANKS of Arizona. Mr. Speak- ists. ganda against the Turkish nation by er, I ask unanimous consent to take And now there is data found on Mr. people who belong to it.’’ In addition, my Special Order at this time. Zarqawi’s laptop computer indicating Turkish officials have demanded copies The SPEAKER pro tempore. Is there that terrorists have the means and the of all papers submitted to the con- objection to the request of the gen- plans to use WMDs here in Europe and ference. tleman from Arizona? perhaps even here someday, in the The development further affirms the There was no objection. United States. speculation that the image that the Mr. Speaker, given these disturbing Turkish Government has attempted to f details, the fact that we are now mov- create for itself is nothing more than a ing troops out of Bosnia and out of the AMERICAN POLICY IN THE desperate attempt to create a facade. Balkans is a profound concern to me. BALKANS Contrary to what Turkish Prime Min- Further, as a guarantor of the Dayton The SPEAKER pro tempore. Under a ister Erdogan and other Turkish offi- Peace Accords, we have a duty to reaf- previous order of the House, the gen- cials would have us believe, the Gov- firm them and to ensure a sense of tleman from Arizona (Mr. FRANKS) is ernment of Turkey is not democratic, comity and fair play. We should not recognized for 5 minutes. is not committed to creating a democ- seek to change them through a coer- Mr. FRANKS of Arizona. Mr. Speak- racy, is not making an effort to create cive top-down pressure, as has been re- er, allow me to address a very deep and better relations with Armenia and is cently attempted in the talks in Bosnia growing concern about American pol- definitely not ready to join the Euro- under the auspices of the High Rep- icy in the Balkans. The policy of the pean Union. resentative, Paddy Ashdown, and this United States should be predicated Over the last year, we have witnessed with the approval of our U.S. Ambas- upon its own interests and its own sov- the Government of Turkey attempt to sador Douglas McElhaney. ereignty and security. Defying reason, I am also very concerned that, ac- move towards democratization. How- somehow we keep hearing that the cur- cording to news reports, our ambas- ever, the manner in which they have rent administration plans to continue sador incited public opinion against chosen to do so is an insult to any the former administration’s policy in the Republic of Srpska’s chief of police truly democratic government. Their Southeast Europe. by insinuating that he should be re- attempts have included the adoption of Mr. Speaker, I cannot understand moved from office for statements he a penal code that, in reality, represents this, given the fact that we have made concerning the nexus between a dramatic display of the Turkish gov- learned so much about the nature of Bosnia and the Madrid bombings. ernment’s campaign to deny the Arme- the foreign fighters that have come nian genocide. Furthermore, this new into Bosnia-Herzegovina to fight the b 1630 criminal code further hindered im- Serbs, and now we have encountered Mr. Speaker, the police chief’s state- proved relations between the Republic them ourselves in Iraq. ments concerning the relationship be- of Armenia and Turkey.

VerDate jul 14 2003 04:44 May 27, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.106 H26PT1 H4122 CONGRESSIONAL RECORD — HOUSE May 26, 2005 Section 306 of this penal code pun- vulnerable side of Turkey, one that is his military vehicle. He was 31 and a ishes individual Turkish citizens or still hiding from its history and is in- part of the Special Forces group from groups that confirm the fact of the Ar- capable of learning from its mistakes Fort Lewis. menian genocide in Ottoman Turkey or so as to ensure that they will not be re- Master Sergeant Mike Hiester died call for the end of the Turkish occupa- peated in the future. March 26, 2005, when his military vehi- tion of Northern Cyprus, with up to 10 Mr. Speaker, the United States cle also struck a land mine 30 miles years in prison. Far from coming to prides itself on being the world’s leader west of Kabul, Afghanistan. He was 33, terms with the genocide or reaching in spreading democracy and liberty. As from Bluffton, Indiana, survived by his out to Armenia, Turkey, in adopting an effective leader, it is our duty to brave wife, Dawn, and two small chil- Section 306 of its new penal code, hard- recognize that Turkey is not yet a dren. He was with the 76th Infantry ened its anti-Armenian stance and un- democratic state and it will take a sin- Brigade, Army National Guard, Indian- dermined hopes for reduction of ten- cere effort on the part of Turkey to apolis. Both men fell in Operation En- sion in the region. This sets the stage make a transition from a government during Freedom. for possible legal action against con- that currently advocates censorship In Operation Iraqi Freedom we re- ference planners and participants. The and lack of freedom of speech to one member Lance Corporal Matthew Turkish Government has refused to that embraces the principles of democ- Smith, who died May 10, 2003, in a vehi- support rescinding this prohibition racy in its true meaning. cle accident in Kuwait, age 20, from against free speech, despite inter- Anderson, Indiana. He was a Reservist f assigned to Detachment 1, Communica- national criticism. The SPEAKER pro tempore. Under a Mr. Speaker, with the cancellation of tions Company, 4th Force Service Sup- previous order of the House, the gen- this conference, we find that the Gov- port Group, Peru, Indiana. tleman from Indiana (Mr. BURTON) is ernment of Turkey will go to any Private Shawn Pahnke was killed recognized for 5 minutes. length to avoid facing its bloody past. June 16, 2003, by a sniper while on pa- (Mr. BURTON of Indiana addressed In just 2 weeks, Turkey’s prime min- trol. He was 25, of Shelbyville, Indiana. the House. His remarks will appear ister will be in the United States for an He was with the 1st Battalion, 37th Ar- hereafter in the Extensions of Re- official visit, proclaiming that his na- mored Regiment, 1st Armored Division, marks.) tion is a democracy ready for full Friedberg, Germany. Specialist Chad Keith who was killed membership in the European Commu- f July 7, 2003, in Iraq, when a roadside nity and asking for U.S. support. The MEMORIAL DAY—PAYING A DEBT bomb exploded as his unit patrolled the sad reality, Mr. Speaker, is that when TO THOSE WE CAN NEVER REPAY streets of Baghdad. He was 21, from it comes to facing the judgment of his- Batesville, Indiana. He was with Com- tory about the Armenian genocide, The SPEAKER pro tempore. Under a previous order of the House, the gen- pany D, Fort Bragg, North Carolina. Turkey, rather than acknowledging the Staff Sergeant Frederick Miller, Jr. truth, has instead chosen to trample on tleman from Indiana (Mr. PENCE) is recognized for 5 minutes. Fred was killed September 20, 2003, the rights of its citizens and still main- when an IED hit his vehicle. He was 27, tain lies. Mr. PENCE. Mr. Speaker, with Me- morial Day 2005 just around the corner, from Hagerstown, Indiana, and was Hrant Dink, editor of the Armenian with the 3rd Armored Cavalry Regi- weekly Agos in Turkey stated, ‘‘This men and women in Congress are hurrying home for festivities like those ment, Fort Carson, Colorado. decision strengthens the hand of those Sergeant Robert Colvill, Jr., was that we will enjoy in Indiana. This outside Turkey who say Turkey has among five soldiers killed 8 July 2004 in Sunday, the Indianapolis 500 Mile Race not changed, it is not democratic Baghdad. All were in the Iraqi National will draw half a million people. But it enough to discuss the Armenian issue, Guard headquarters when it came will not be the most important occa- it shows there is a difference between under mortar attack. He was 31 and sion of this long family weekend, be- what the government says and its in- from Anderson, Indiana, part of the 1st cause Hoosiers will gather in places tentions.’’ Infantry Division in Schweinfurt, Ger- like New Castle and Muncie and Numerous European countries, in- many. cluding Poland, France and Greece, Elwood, Indiana, to commemorate this And Specialist Raymond White. Ray have passed Armenian genocide resolu- Memorial Day. died 12 November 2004, in Baghdad, tions and have continuously urged Tur- I could not help but think about the when his patrol was attacked with key to admit its crime. Just this week, obligations of this day as I toured the small arms fire. Ray was 22 and from French President Jacques Chirac urged battlefield of Antietam, near Sharps- Elwood, Indiana. Turkey to recognize the genocide and burg, Maryland, just last weekend. It is an honor to serve such men, Mr. said failure to do so could harm Anka- There, Mr. Speaker, I walked on the Speaker, and it is an honor to rise and ra’s drive to join the European Union. ground that saw 6,000 Americans fall in to pay some debt of honor and recogni- We cannot sit by and allow any na- battle in a single day, the bloodiest day tion to these brave men and their fami- tion that we consider an ally and a na- in American history. Six thousand lies. tion that is desperately seeking admis- Americans at Antietam would turn As we approach this Memorial Day, sion into the European Union to be- into 600,000 Americans on both sides of we do it with humility and no small have in such a manner. To bring this the battle that fell in the Civil War. amount of emotion, knowing that as development into perspective, consider Just 3 years after the end of that con- we read these names, they are more that according to current law in Tur- flict, Americans set aside the 30th day than names. They are sons, they are key, dozens of U.S. Senators and hun- of May each year to remember their husbands, they are brothers, they are dreds of Congressmen would be pun- sacrifice, and for 130 years, Decoration uncles, they are friends and they are ished simply for having voted for Ar- Day became Memorial Day, and it is neighbors; and they are gone. Gone per- menian genocide resolutions, spoken something that we take seriously in haps to this world, but I am confident about the lessons of this crime against the Hoosier State, as it will be taken not to the next. Their duty was to humanity or commemorated the vic- seriously in every State in this Union. serve. Our duty is to remember. tims of the atrocity. So, too, would the The Bible says, If you owe debts, pay So I rise with a deep spirit of humil- American academic establishment, debts; if honor, then honor; if respect, ity simply before this Memorial Day human rights groups, the mainstream then respect. I rise humbly as the Con- arrives to remember these men; to as- media and just about everyone else gressman from the Sixth District of In- sure them and all of the tens of thou- aside from the Turkish embassy and its diana to pay a debt of respect and sands who went before them that this paid lobbyists here in Washington, D.C. honor to those men who have fallen Nation will never fail to feel the grati- Only by being prepared to admit mis- most recently in the service of this Na- tude for their sacrifice, and on this Me- takes and make amends can the Turk- tion in my congressional district. morial Day never fail to pray for them, ish Government truly be considered a These are men like Sergeant Jeremy for the salvation of their immortal nation governed by the values of de- Wright, who died January 3, 2005, when souls, and for the comfort of those they mocracy. This recent event reveals the an improvised explosive device struck left behind.

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.111 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4123 Happy Memorial Day. say what they are for on Social Secu- other words, having some component f rity in the next couple weeks. Demo- where they say, I will save the money The SPEAKER pro tempore. Under a crats should have a plan and they rather than letting Uncle Sam doing it previous order of the House, the gen- should talk to the President and con- for me?’’ Senator REID in 1999: ‘‘I think tleman from American Samoa (Mr. gressional Republicans about it.’ it is important that we look, and I am FALEOMAVAEGA) is recognized for 5 ‘‘According to ABC’s political blog, totally in favor to do this. And, in fact, minutes. The Note, Clinton said he didn’t think there are a couple of programs now (Mr. FALEOMAVAEGA addressed the Democrats deserved criticism for not that we are taking a look at to see if it House. His remarks will appear here- producing a plan yet, but they still had works for Social Security.’’ Now, I agree in my heart that there after in the Extensions of Remarks.) time to produce one. He added, ‘I think they need to come up with a plan of is opportunity for negotiations, but f their own.’ simply saying ‘‘no’’ by the Democrats The SPEAKER pro tempore. Under a ‘‘One Member,’’ the gentleman from is unacceptable to every senior and previous order of the House, the gen- Florida, ROBERT WEXLER, whom I re- every future generation to follow. tleman from Texas (Mr. POE) is recog- spect and admire, ‘‘came up with a plan f nized for 5 minutes. and he was largely booed by his col- EDUCATION FUNDING (Mr. POE addressed the House. His leagues.’’ Largely booed. ‘‘According to remarks will appear hereafter in the numerous aides, minority leader The SPEAKER pro tempore (Mr. KUHL of New York). Under a previous Extensions of Remarks.) PELOSI’s strategy is to wait until we f see the whites of their eyes before of- order of the House, the gentleman from fering a Democratic alternative. Demo- Oregon (Mr. WU) is recognized for 5 DEMOCRATS NOT REVEALING minutes. cratic leadership aides were critical of THEIR HAND ON SOCIAL SECURITY Mr. WU. Mr. Speaker, on Monday, Wexler’s timing, saying it clashed with The SPEAKER pro tempore. Under a May 23, I read a disturbing story in The PELOSI’s strategy of waiting until they previous order of the House, the gen- Oregonian newspaper. It was not about see the whites of their eyes before of- the war in Iraq, the rise of unemploy- tleman from Florida (Mr. FOLEY) is fering a Democratic alternative.’’ recognized for 5 minutes. ment in Oregon, or even the growing Mr. FOLEY. Mr. Speaker, I was b 1645 problem with methamphetamine abuse. stunned today when I picked up a copy Wait until they see the whites of Instead, this story focused on a school of The Hill magazine and saw an article their eyes. Like this is a battle, like fundraiser. written by Hans Nichols, and the head- this is a combat mission. It is, after What was so disturbing about this line was ‘‘Rubin Urges Democrats Not all, about saving Social Security for fundraiser is that the students and to Reveal Their Hand, Clinton Aide future generations, not about fighting their parents at Redland Elementary Tells Party to Hold Firm on Social Se- an enemy force. Seeing the whites of School in Oregon City were hosting a curity.’’ their eyes has largely been equated to jog-a-thon to raise money to hire a physical education teacher. It was not They go on to describe, ‘‘The steward battle, to taking down the enemy. for band uniforms, not for supplies, or of President Clinton’s economic policy They are using those same kinds of even for a field trip; it was to hire a told the House Democratic Caucus yes- conversations about American citizens teacher. The parents and students have terday that it needs to continue to trying to build a safety net in Social hosted this fundraiser every year since hold firm in opposition to the Presi- Security. 1994 when the school district no longer dent’s plan and advised Democrats not Lo and behold: ‘‘Teamsters President had enough money to pay for a PE to introduce their own plan, according Praises Bush’s Social Security Work. to aides and lawmakers in the meet- teacher. Teamsters President James P. Hoffa, Sadly, this is not the first tale of ing.’’ breaking his estrangement from the such fundraisers in Oregon. In 2003, the It goes on to say, ‘‘The aide said that White House, praised President Bush Eugene Register-Guard reported on Rubin told his party that his party’s on Tuesday for attempting to fix Social similar efforts of parents who were colleagues would be hard-pressed to Security and said Democrats were hosting fundraisers to pay for a math win a battle of specifics.’’ wrong to oppose any discussion until teacher. Math classes were jeopardized Hard-pressed to win a battle of spe- Mr. Bush drops his personal retirement because the then current math teacher cifics, this from the former Treasury account plan.’’ That is Jimmy Hoffa was retiring and there was not enough Secretary, a man largely credited with representing 1.4 million members of a money to hire a new math teacher. The building the international reputation union. And he said he was willing to parents and teachers decided to give of Goldman Sachs, which is all about work with the administration and the their blood to fund the position. That specifics, tells the party, the Demo- Republican majority in Congress to is right, blood. After realizing that crats, not to offer specifics. come up with a bipartisan solution. bake sales would not raise enough And they say, ‘‘Democratic law- I quote Mr. Hoffa: ‘‘Social Security is money, parents and teachers decided to makers said that the encouragement a major problem in this country. We sell their blood plasma to raise money from a Clinton administration figure have to make sure that it is preserved to fund a teacher. would steel the Caucus in its resolve to for those that come after us,’’ Mr. When it comes to education funding, defeat the President’s plan.’’ Steel the Hoffa said in an interview with Gan- it is increasingly parents and teachers caucus to defeat a plan. Of course, they nett News Service. ‘‘I think President who are scrambling to cover budget do not have one of their own. Bush should be given credit for the fact shortfalls; and, unfortunately, Oregon Since they are using President Clin- that he has initiated a debate regard- has been one of the States hit hardest ton as an example, his experts say, ‘‘Do ing what we should do.’’ by budget shortfalls. Across our State, not offer a plan,’’ let me read to you Now let me read some quotes from schools are closing, increasing class Morton Kondracke’s editorial, ‘‘Demo- Democrats who, when President Clin- sizes, or eliminating or cutting music, crats Need Their Own Social Security ton had a plan, oh, they were enthusi- art, athletics, marching band, and Plan.’’ astic. This refers to President Clinton: other important so-called ‘‘extra- ‘‘It is time for Democrats to declare ‘‘This fiscal crisis in Social Security curricular’’ activities. what kind of Social Security reform affects every generation.’’ Oregon’s school districts have carved they favor. Even former President Clin- Let us read HARRY REID, the minor- a total of almost 500 days or 12 million ton thinks so. Yet the Democrats per- ity leader of the Senate: ‘‘Most of us instructional hours off the 2003 school sist in attacking President Bush’s have no problem with taking a small year, and at least 1,100 teacher posi- ideas, often misleadingly. amount of the Social Security proceeds tions have been lost so far. Oregon has President Clinton told ABC’s ‘‘Good and putting it into the private sector.’’ abolished State tests for writing, math, Morning, America’’ in an exchange cu- When asked by Tony Snow on Fox and science in middle schools; and riously not broadcast, curiously not News, ‘‘Are you opposed to letting peo- some schools have received no new broadcast, ‘‘ ‘I think Democrats should ple make the investment decisions? In textbooks since 1988.

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.113 H26PT1 H4124 CONGRESSIONAL RECORD — HOUSE May 26, 2005 Spanish is emerging as the sole op- and commitment to public education. Most work for free, and their parents should not tion for Oregon students who want to parents will make any sacrifice to ensure that pose nude or be drained of blood to keep the study a foreign language, as budget their children receive a quality education. And schoolhouse doors open. cuts translate to reduced programs in I know that teachers want nothing more than f languages such as German, French, to see their students learn. While this gen- IN MEMORY OF VICE MAYOR Russian, Chinese, and Japanese. erosity and commitment are heartwarming and KATHLEEN NICOLA In Douglas County, 80 new teaching inspiring we should hang our heads in shame positions were eliminated, class sizes that our schools are so desperate that parents The SPEAKER pro tempore. Under a are expected to increase from 20 or so and teachers have to sell their blood, pose for previous order of the House, the gen- students to the low 30s, and sports and pinups, or work without pay to provide our tleman from Arizona (Mr. HAYWORTH) other extracurricular activities are children with the education they deserve. is recognized for 5 minutes. going to take a hit. I ran for Congress to improve the quality Mr. HAYWORTH. Mr. Speaker, it is Yamhill High School in my congres- and accessibility of our education system. I my sad duty to inform this House and sional district saw average class size believe strongly that an education is the best the people of this Nation of the passing jump by 10 to 20 students. That is 10 to investment that we can make in our children of a dedicated public servant. The vice 20 more students in the average class- and for our future. mayor of Fountain Hills, Arizona, room. We already have a glimpse of what our fu- Kathleen Nicola, passed away last A math teacher in Hillsboro has two ture can bring. week as the result of a boating acci- classes that top out at 54 students in We can now travel the globe in a matter of dent. each class, and other classes through- hours. Business transactions can be per- A longtime Arizona resident, Kath- out our State routinely have 40 or formed with the click of a mouse. And our cars leen Connelly Nicola moved to Lake more students per class. have more computing power than the Apollo Havasu City, Arizona, in June of 1967. In Portland, high school students and spacecraft. After a move to Mesa in 1985, Kathleen their parents were running telethons In this fast paced, digital age, it is important and her family settled in Fountain and auctions and collecting recyclables that we provide our children with a high quality Hills in 1989. to pay money for teacher salaries and education that will equip them for what the fu- Kathleen’s service to the town of basic supplies. ture holds. Fountain Hills began in 1990 when she The Medford School District elimi- Since I have been in Congress, I have began working for the municipal court nated 23 staff members, including seven made over 200 visits to over a hundred after a brief period of volunteering her child development specialists, two schools, and I have talked to teachers, stu- services. During her tenure as adminis- school nurses, two psychologists, and dents and parents from all over Oregon. In trator of the court over the following 9 several maintenance and secretarial every school I have visited, the parents, stu- years, Kathleen’s extensive duties in- positions; and the district will start dents and teachers all agreed about what cluded budget preparation and day-to- charging each student, each student, works: quality teachers, small class size, high day management of that court. $100 to pay a fee per sport in high standards and shared accountability, parental Kathleen’s responsibilities likewise school and $50 in middle school. and community involvement, and adequate included the court’s compliance with In Lake Oswego, families are paying and equitable funding. local, county, and State statutes, rules as much as $900 a year for their chil- That is why I introduced the Class Size Re- and administrative orders, in addition dren to play high school sports. duction Initiative, which would hire 100,000 to statistical and financial reports; and In order to retain as many teachers new teachers to reduce class size to 18 stu- with that involvement and background as possible and to keep class sizes dents in kindergarten through third grade. As in government, Kathleen Nicola de- down, the Dallas school district was a result of this initiative, we were able to pro- cided to run for the Fountain Hills unable to purchase new textbooks. vide over $3 billion to school districts all Council in 2002, serving there with dis- Many students were studying from across the country, hiring over 30,000 teach- tinction, rising to the post of vice textbooks older than themselves until ers—including over 300 in Oregon. One of mayor prior to her tragic death last an anonymous donor gave $185,000 and those new teachers was placed in Reedville week. provided 2,700 students with new Elementary School in Aloha and reduced class Kathleen earned a Bachelor of science and math books. Other school size in first grade 54–27 54–18. Science degree in Justice Studies from districts have asked parents to help Yet, today the Administration and the Major- the College of Public Programs from curb the supply shortage by pitching in ity Leadership in Congress are turning their Arizona State University. She grad- a variety of items, including crayons backs on education. President Bush in his uated from the Arizona School of Real and even toilet paper. budget has proposed a cut of $530 million in Estate and Business, making a career And after Junction City School Dis- education. He has eliminated funding for the change in the summer of 2000 to be- trict cut art, music, and gym classes, Class Size Reduction Initiative. In fact, of the come a licensed real estate salesperson. laid off three teachers, and eliminated 150 programs that the president has targeted A local real estate professional, Kath- all field trips, some local male farmers for massive reduction or elimination, 50 of leen was an active member of the ages 40 to 70 decided to drop every- them are education programs. He also short- Fountain Hills Chamber of Commerce thing, Full Monty style, by modeling changes the No Child Left Behind Act (NCLB) and the Scottsdale Association of Real- for a nude pin-up calendar to raise by $12 billion. That guarantees children will be tors. money for schools. left behind. Kathleen Nicola, one of those in These stories would be funny if they The Federal Government is not the only one America who understood that public were not so deeply disturbing. We have at fault. States across the nation are also bal- service can be expressed through many a responsibility so that our children ancing their budgets on the backs of our chil- avenues of citizen involvement, finally can get their education, and we should dren, and our schools. choosing to run for public office, serv- not be relying on parents to do bake We can and must do better for our children, ing as the vice mayor of the town she sales, students to do jog-a-thons, par- for ourselves and for our future. Common loved. ents to do pin-up calendars, or, worst sense tells us that we need to prepare our Residents of the fifth congressional of all, blood sales to bridge budget students for the future so that the United district, the town of Fountain Hills gaps; but they are, and sadly, they are States will continue to prosper. But this issue join as one to express their sympathies not the only ones making sacrifices. A is more than about staying economically com- and condolences to the Nicola family. couple of years ago, the teachers in the petitive. An education is necessary for every- And, Mr. Speaker, I would hope that all Portland public schools taught for 2 one’s quality of life. It is necessary for our so- Americans would remember the Nicola weeks without pay. ciety and for our democracy. family in their prayers during these Mr. Speaker, I urge this Chamber to I urge my colleagues to join me in fighting difficult days. do a better job, and I urge my home for high quality public education. Our children The legacy of Kathleen Connelly State of Oregon to do a better job. should not be short-changed. They should not Nicola, a woman called to service, serv- Parents, teachers, and community leaders be forced to jog to raise money for a PE ice in her town, service in public office, continuously demonstrate their deep pride in teacher, their teachers should not be asked to service in her profession. She will be

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.117 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4125 long remembered, and she is most defi- mistake: the votes I just spoke about of a law reauthorizing the Transportation nitely missed. are telling. Rank-and-file Democrats, Equity Act for the 21st Century. f those who believe what is best for f The SPEAKER pro tempore. Under a America is more important than elec- EMBRYONIC STEM CELL previous order of the House, the gentle- tion politics, are brave in their defi- RESEARCH woman from the District of Columbia ance of their leaders. They understand that simply being the Democrat Party The SPEAKER pro tempore. Under (Ms. NORTON) is recognized for 5 min- of No will not increase our security, the Speaker’s announced policy of Jan- utes. uary 4, 2005, the gentleman from Mary- (Ms. NORTON addressed the House. build our economy, or create jobs. If you need more proof, just look at land (Mr. BARTLETT) is recognized for Her remarks will appear hereafter in 60 minutes as the designee of the ma- the Extensions of Remarks.) retirement security. Republicans, led by President Bush, have the foresight jority leader. f to address the looming crisis facing to- Mr. BARTLETT of Maryland. Mr. Speaker, we want to spend some mo- DEMOCRATS OUT OF MAINSTREAM morrow’s retirees. We know that some- time in the near future, our Social Se- ments this evening talking about a The SPEAKER pro tempore. Under a curity system will be bankrupt. subject which is a very high priority previous order of the House, the gentle- for a lot of Americans, including a woman from North Carolina (Ms. FOXX) b 1700 number of us here in the Congress, and is recognized for 5 minutes. If we do not make tough decisions that has to do with embryonic stem Ms. FOXX. Mr. Speaker, I rise today now, future Americans will have to cell research. I want to start out by to put the lie to House Democrat rhet- make even tougher ones. But Demo- telling you what the essence of a bill oric. The Democrat leadership, from crats just do not see a problem. Or is it that we have dropped is. We filed this Howard Dean to the gentlewoman from that they would rather pretend there is bill a couple of days ago. And then I California (Ms. PELOSI), claim that not one? will come back to this later on, to a House Republicans are out of the main- When President Bush announced his more detailed discussion of it. stream. Well, Mr. Speaker, if we are intention to reform Social Security, he What I have here, Mr. Speaker, is a out of the mainstream, they are swim- and other Republicans crossed the little depiction of what happens in the ming downriver in some backwoods country to engage the American people human body. This shows one-half of the tributary. in dialogue. He declared that nothing reproductive tract of a female. This From a parent’s right to know what was off the table and signaled his will- would be replicated, mirror image, on their children are doing, to protecting ingness to consider any and all options. the other side, because here we are see- citizens across the country from the The Democrat response: refusal to ing only one ovary and one Fallopian growing threat of gang violence, the come to the negotiating table. tube and one-half of the uterus; and House Democrat leadership is simply One poll shows that by 61 percent to what this depicts, Mr. Speaker, is the out to lunch. 29 percent Americans under 40 say that sequence of events in the fertilization Eight pieces of landmark legislation Social Security needs to be fixed. At and the growth and the ultimate im- that passed this House with strong sup- the same time, many in the minority plantation of the embryo, this whole port from rank-and-file Democrats, and stick to their head-in-the-sand argu- trip, not an unhazardous trip for the still the minority leadership refuses to ment that there is no problem. Demo- embryo, because not all of them make see the light. On every one of these im- crat leaders are not only out of the that trip successfully. portant bills, the gentlewoman from American mainstream, but are also out In fact, probably about as many as California (Leader PELOSI) chose to of the Democratic mainstream. Yet two-thirds of those that are fertilized vote against legislation that the vast they have the gumption to accuse Re- here never are implanted down in the majority of Americans, Democrats and publicans of being out of touch. uterus. But this is a sequence of events Republicans alike, approve of. The American people must not buy which takes 10 days, perhaps, to make Bankruptcy reform, 73 Democrats into the Democrat rhetoric. They are the trip down to finally be implanted voted for it, but Leader PELOSI did not. doing a lot of talking. But do not con- in the uterus. Class action reform, 50 Democrats fuse activity for achievement. What Fertilization, as is noted here, occurs voted for it, but Leader PELOSI did not. tangible results can the minority point very far up in the Fallopian tube, and The Gang Deterrence and Protection to? The answer is none. They have no then there is a single cell called a zy- Act of 2005, 71 Democrats voted for it, agenda. They have no vision and they gote, and that splits to form two cells. but Leader PELOSI did not. A new en- have a fundamental misunderstanding They split to form four cells and eight ergy policy for America, 41 Democrats of the issues we face as a Nation. cells. And we are going to come back voted for it, and, you guessed it, Lead- Democrats, not Republicans, Mr. and talk about those eight cells be- er PELOSI did not. Protecting a parent’s Speaker, are the ones who are out of cause that is the focus of a lot of atten- right to know before their daughter the mainstream. tion in today’s world, particularly in has an abortion, 54 Democrats voted f infertility clinics where they are doing for it, and Leader PELOSI did not. The SPEAKER pro tempore (Mr. in vitro fertilization. It is as simple as this, Mr. Speaker. KUHL of New York). Under a previous Let us imagine now that that se- The House Democrat leadership is en- order of the House, the gentlewoman quence of events is not occurring in the gaged in a strategy designed to do one from Texas (Ms. JACKSON-LEE) is recog- uterus and the fallopian tube of the and only one thing: prevent any and all nized for 5 minutes. mother, but it is occurring in a petri action sponsored by Republicans from (Ms. JACKSON-LEE of Texas ad- dish in the laboratory. For some rea- becoming law. Their obstruction of dressed the House. Her remarks will son, the mother cannot become preg- House Republicans’ solutionist agenda appear hereafter in the Extensions of nant, and so they, with the use of hor- shows just how far out of the main- Remarks.) mones, take eggs, generally more than stream they really are. one, from the mother, and they take Mr. Speaker, it would be one thing if f sperm, of which there are millions, House Democrats tried to block legis- MESSAGE FROM THE SENATE from the male, and they expose these lation based on policy disagreements, A message from the Senate by Mr. eggs to sperm, and they are fertilized. but it is quite another for them to Monahan, one of its clerks, announced And so the doctor has a number, gen- block legislation based on politics. And that the Senate has passed without erally several, of these fertilized em- that, Mr. Speaker, is just what they amendment a bill of the House of the bryos. And he looks under a microscope are doing. following title: and determines the embryos which Democrats believe they can win at H.R. 2566. An act to provide an extension of look the strongest, and then he im- the ballot box by obstructing, and they highway, highway safety, motor carrier safe- plants them in the mother. would rather win the next election ty, transit, and other programs funded out of Because not every embryo takes than move America forward. Make no the Highway Trust Fund pending enactment when it is implanted in the mother, he

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.118 H26PT1 H4126 CONGRESSIONAL RECORD — HOUSE May 26, 2005 will usually implant more than one. we could take that cell from the inner And this is some of the glands in the One of my good friends here in the Con- cell mass, then it is already differen- body and the lining of the digestive gress, the gentleman from California tiated, so that it cannot produce de- system and the lining of the lungs and (Mr. ROHRABACHER), his wife had three cidua. so forth. babies because all of the embryos that Now the decidua, Mr. Speaker, is the Now, adult stem cells, and a good ex- were implanted took. And so now they amnion, chorion. These are elements of ample of those is a stem cell that pro- are the very happy parents of triplets the placenta. And already the cells duces red blood cells here, that cell that were born. that are the inner cell mass, which will produces more than that. It is in the Well, at this eight-cell stage, in clin- become the baby, have lost the ability bone marrow and it produces red blood ics, it started in England a couple of to produce the decidua, so there would cells. It produces the thrombocytes for years ago; it has now spread to this be no concern that the cells you took clotting. It produces the polymorpho- country. At the eight-cell stage, the could produce another embryo and, if nuclear leukocytes, that is some of the doctors are able, with a very fine pi- implanted, another baby. white cells. pette, to remove a cell or two from Our bill looks only at animal experi- Now, maybe you can take that stem that embryo, and they then do a ge- mentation because we need to deter- cell, which is not totally differen- netic diagnosis on that cell. It is called mine several things. First of all, we tiated, and you can put it in an envi- a preimplantation genetic diagnosis be- need to determine, can you, in fact, ronment where it will be confused as to cause they are doing it before they im- from these single cells? By the way, what it really is, so that it might be plant the embryo in the uterus. The one of the additional advantages of the able to produce for you something else. parents want to make sure that their inner cell mass is that there are a lot And that is what we do, at least par- baby is not going to have a genetic de- of cells there. So you could potentially tially, with adult stem cells. fect. If there is no genetic defect, they take much more than one cell, which The embryonic stem cell is a cell put the egg, minus a cell or two, in the would give you an enhanced capability taken from the embryo no later than uterus. And more than 600 times in the of producing a stem cell line and a re- the blastocyst, which has the inner cell clinic in England, and well more than pair kit, because these cells do not like mass, because only then will it be pure- 1,000 times worldwide, we have had a being alone. And what we want to do is ly embryonic. perfectly normal baby born. have animal experimentation on In the morula, the eight-cell stage we Now, the hope is that ultimately, but nonhuman primates, which are the talked about, it is totally undifferen- that is not what our bill is. I will come great apes, which are 99.99 percent ge- tiated. Conceivably, it might produce to that in a moment. The hope is, ulti- netically identical to humans. That an embryo. The President’s Commis- mately you could take that cell and do may reflect something on who you sion on Bioethics does not think so, two other things with it, that cell or think you are, but the truth is that the but conceivably, it might. But if you two that you have removed. One of the gene differences between the great apes take that cell or cells from the inner other things that you would do with it and humans is very, very small. cell mass, it certainly will not, because is to establish a repair kit for your If, in fact, we can do these things it is already differentiated to the point baby. with cells taken from embryos and We are now attempting to sort of do that these cells in the inner cell mass cells taken from nonhuman primates, will become the baby, and these cells in that when we are freezing umbilical then we will have increased confidence cord blood, Mr. Speaker, and I know the trophoblast will become the de- that it will be safe in humans, that we cidua, the amnion and chorion, the pla- you have heard of that, with the hope can, in fact, develop the repair kit and that the stem cells, they are not really centa. the stem cell line that we would like to Mr. Speaker, now I would like to a true embryonic stem cell because develop. yield to my good friend, the gentleman they are already differentiated some- Let me take just a moment, and then from Georgia (Mr. GINGREY what, that is, they have already de- I am going to recognize my friend, the ). Mr. GINGREY. Mr. Speaker, I want cided ultimately what they are going gentleman from Georgia (Mr. to, first of all, thank the gentleman to be, at least to some measure, that GINGREY). Let me take just a moment the baby can get, or the adult later on to talk about what stem cells are. from Maryland (Mr. BARTLETT). And I can get, some help from that. There are fundamentally two types of want to tell my colleagues, Mr. Speak- We hope that we will be able to de- stem cells. There are adult stem cells er, how enthused I am to be an original velop a repair kit from the cell that is and there are embryonic stem cells. cosponsor on H.R. 2574, the Respect for taken. If that is true, then you could Here we show the growth of the em- Life Embryonic Stem Cell Act of 2005. take some of the cells from the repair bryo, and as you notice, there are fewer b 1715 kit to produce a new stem cell line. stages here than that previous chart I think that the gentleman has an ex- And as you know, Mr. Speaker, we we had, because they have skipped the are now down to 22 stem cell lines of cellent idea of solving this moral, eth- morula and they go to the blastula, ical problem that we spent so much humans that we can use Federal money and then they skip the gastrula, well, time talking about on the floor of this working with. They are all contami- here is the gastrula, and then they go great body yesterday in the passage of nated with mouse ‘‘feeder’’ cells, and so on to the three derm layers. there is a need in the medical research These cells start differentiating. those two pieces of legislation, the one, community for additional stem cell They first differentiate into the inner of course, to expand the opportunity lines. cell mass and the tissues which will be- for obtaining umbilical cord blood with There is, Mr. Speaker, the hint of a come the decidua, and then the inner up to 150,000 umbilical cord banks that moral ethical problem here, and that is cell mass differentiates into three would communicate with each other in that maybe the cell that I take out of types of cells, the ectoderm and the regard to trying to match the stem this eight-cell-stage embryo could, mesoderm and the endoderm. And at cells obtained in that blood to the spe- under proper circumstances, become the bottom here it shows the kinds of cific recipient who is suffering from another embryo and, therefore, another tissues that will develop from those. one of these terrible diseases that we baby. There is some cause to reflect on From ectoderm will develop your have heard so much about. I am talk- that, Mr. Speaker, because nature, on skin and your nervous system, the ing about things like juvenile type I di- occasion, at some point between the brain and spinal cord and all the nerves abetes. I am talking about spinal cord two-cell stage and the inner cell mass, that run to and fro in the body. injuries, Alzheimer’s, leukemia. which is clear down here, will split the From the mesoderm, that is in the That was the one bill. And, of course, embryo and then end up with two em- middle. From the mesoderm the middle also in that bill would expand the bryos, and obviously, half of the cells layer will develop most of what you banking ability of bone marrow where went to each embryo and those half are, all of your muscle, all of your adult stem cells are plentiful. That bill cells, each one, develops into a per- bone, all of your heart and so forth, the I think passed this body with maybe fectly normal identical twin. smooth muscle of your gut. one dissenting vote out of 435. That But if we could take the cell for And then we have small but impor- does not happen very often that you preimplantation genetic diagnosis, if tant contributions of the endoderm. get such a unanimous support.

VerDate jul 14 2003 04:44 May 27, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.123 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4127 The other bill, of course, the Castle/ husband is azospermic, has no sperm. thoughtful Members of this body, Mr. DeGette bill, is the one that caused a So you are getting really so many of Speaker, and I think colleagues on great controversy, consternation. Not these fertilized eggs, many more than both sides of the aisle recognize that. partisan concern, because we had Mem- you can safely put back into the uter- He is serving in his seventh term. He bers, both Republican and Democratic us. And that has created, really in a is not a rookie. He is a very, very Members, for and opposed to that bill. way, somewhat of a dilemma with bright Ph.D., physiologist, who taught Indeed, the authors were the gen- these so-called throwaway frozen em- in medical school. He has taken ad- tleman from Delaware (Mr. CASTLE), a bryos, some 100,000 of them. vanced course work in embryology, so Republican Member, and the co-author, I think I want to hopefully sometime he does understand, Mr. Speaker. He is the gentlewoman from Colorado (Ms. soon talk to my colleagues in that spe- thinking about what can we do to solve DEGETTE), a Democrat; so it was a cialty of reproductive endocrinology this problem where we in this country very, I think, in some ways it was a and say, first of all, there should be a do not have to fight about this moral, good thing even though I was very, limit to the number of embryos that ethical divide. He does not want us to very much opposed to the bill and dis- can actually be implanted in a wom- have to cross that divide and we do not appointed to be on the losing side. an’s uterus, and you should never put have to. There were 194 of us, though, who felt more in than they can safely conceive. So I really commend the gentleman, very strongly that we did not want to What has been done in this country and this bill I have great support for go in that direction of destroying em- and others is if all of the sudden six or because we need some studies and we bryos, even though the proponents, Mr. eight are implanted with the hopes need Federal funding of those studies Speaker, used the term, hey, these are that two or three or maybe just one and we are not destroying a human life throwaway babies. will take and be a successful preg- in the process. So his allowing me to I even heard somebody say in their nancy, in those situations where lo and come and spend a few minutes here to time in the well, Mr. Speaker, that behold five or more take, then what is be with him to discuss this is most ap- these embryos, these frozen embryos typically recommended is something preciated on my part. were just going to be flushed down the called ‘‘pregnancy reduction’’ where I plan to stay here for a little while toilet. Well, as we know, my colleagues the doctor is able to go in actually at and if the gentleman would like for me know this week we had, I do not know a certain stage with a needle and de- to comment further, I would be glad to how many of the hundred snowflake stroy two or three or four sort of indis- do so. babies, the babies that infertile couples criminately. Not knowing whether you Mr. BARTLETT of Maryland. Mr. have adopted, the frozen embryos with were getting the boys or the girls or an Speaker, I thank the gentleman so the permission of the natural parents equal mix of the same or the most in- much. I am honored he has come, and and carried these precious children to telligent or the least intelligent, the I really appreciate your articulate de- term. I think 22 of them were roaming one that will grow up to be a doctor or scription of the situation we are in in around Capitol Hill yesterday and had the one that will grow up to be a law- the country where I think that a vast an opportunity to be over at the White yer. Pretty unethical in my esti- majority of Americans believe that House with President Bush. You ask mation, Mr. Speaker, a pretty uneth- there is considerable potential from one of those moms or dads if those ical procedure to be doing or recom- embryonic stem cell research. And yet were throwaway babies. Indeed, they mending to a couple. And I think that we have this big divide in our country were not. They were precious lives. we need to get away from that. where a lot of our citizens in this coun- And I am just so thankful that that op- We need to be a little more careful try and a lot of our Members here in portunity is there. and only implant a total number so the Congress have real problems taking I will say this, if my colleague from that if every one of them took, that it a life, the life of one of these early em- Maryland will permit me to digress would be safe for them to carry to near bryos. just a little bit on this subject, repro- term so that all of those children By the way, this has in it the blue- ductive endocrinologists are superspe- would survive. And also in getting into print for a completely unique indi- cialist OB/GYNs. Their work involves the situation that maybe, Mr. Speaker, vidual. There are now 61⁄2 billion people primarily infertility. And they are couples need more counseling when in the world and no two alike. And so wonderful doctors. They are so well they go to their reproductive each of these embryos created in the trained and it is amazing the things endocrinologist and they sign up for laboratory has in it a completely that they can do with infertile couples, IVF, in vitro fertilization, maybe they unique genetic blueprint. It is not that whether the infertility is a female need a little more counseling as to, we know which of these embryos is problem with a sparsity or lack of suf- well, how many children do you hope going to be implanted because they are ficient number of eggs or whether it is to have. And if they say, well, only frozen, could be implanted in the fu- a male infertility where the sperm two; I would certainly not want to have ture. But one thing we do know, one count is extremely low, and maybe like more than two children, then I think it thing we do know is that if you take in 25 percent of the cases you just do is unethical to do this egg retrieval the embryo and destroy it, that that not know. But the success rates that process and get 10 or 12 eggs and fer- potential life is gone. they achieve is remarkable. tilize all of them and then freeze the Now you may argue, you may argue One of the most exciting things that extras when the couple had absolutely that you really ought to opt for the they do and have been doing now for, no intention of ever having a family of greater good and there could be enor- gosh, 15, almost 20, years is in vitro fer- six or eight or 10 children. mous potential from embryonic stem tilization. But when they first started Now, some people do. We have a cell research. If that were the only ar- that technology of actually stimu- Member on our side of the aisle, the gument, Mr. Speaker, I would engage lating a woman’s ovaries to produce gentleman from Arizona (Mr. RENZI), in that argument, but it is not because multiple eggs, not without some risks who has 12 precious children, and he is we do not have to kill embryos. You do because when you do that with injec- still a young man. But it is an amazing not have to hurt embryos to get stem tions, the ovaries swell, they get quite thing that we have really created this cell lines. large, and of course there is some dan- problem ourselves by not regulating I have here a piece today from Roll ger there, as all of us in the medical this specialty. Call which is kind of an inside paper profession, especially the OB/GYNs So I have digressed a little bit and I here on the Hill. And it is quoting from know, Mr. Speaker. But they do. It is hope the gentleman from Maryland freshman Senator TOM COBURN. He is a called hyperstimulation when it gets to (Mr. BARTLETT) will understand. I freshman there because fairly recently the dangerous stage. But even before wanted to make that point because I he was here in the House. He came in 2 that, it is superstimulation so that think it is very important. But what years after I came in. He is a doctor. they can obtain multiple eggs. the gentleman recommended here, this He has delivered a lot of babies in So then there is this fertilization in is not some mad scientific proposal. Oklahoma. And I called him the other the petri dish, whether it is the hus- Not at all. The gentleman from Mary- day and he said, I will carry this bill in band’s sperm or the donor sperm if the land (Mr. BARTLETT) is one of the most the Senate.

VerDate jul 14 2003 04:44 May 27, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.125 H26PT1 H4128 CONGRESSIONAL RECORD — HOUSE May 26, 2005 This is what he is quoted as saying in When they come to your office with because of what embryonic stem cells Roll Call just today: ‘‘Coburn said, It is diseases like this, or like multiple scle- are, embryonic stem cells way back possible to harvest stem cells without rosis, or like lateral sclerosis that my here in early development of the em- destroying embryos and would focus grandmother died from, then your bryo, that they retain, or they have the his efforts on amending the bill,’’ that heart really goes out to these people. I ability to make any and every tissue in is the bill that will be going through remember my grandmother’s death. I the body. So, theoretically, they ought the Senate, ‘‘amending the bill to pro- was a teenager. They had misdiagnosed to have the most potential. mote this procedure.’’ it for quite a while, because this is Lou You will hear, Mr. Speaker, debates I also want to note in this week’s edi- Gehrig’s disease, and it was not all on this issue, and it is well to remem- tion of Time magazine, the first story, that common. When they finally fig- ber that from a teleological perspec- a pretty big story on stem cells, ‘‘Why ured out what it was, there was noth- tive, the embryonic stem cells ought to Bush’s Ban Could Be Reversed.’’ Now, ing that could be done for it. We hope have more application than adult stem we voted yesterday to reverse that ban. in the future, with stem cell applica- cells, which is why all the clamor, why It needs to be voted in the Senate, and tion, there will be something that can the $3 billion in California voted by the then it needs to go to conference and be done for it. voters for embryonic stem cell re- then it needs to go to the President’s My grandmother went from falling search, because the professionals and desk and the President has assured the now and then to degenerating slowly, most people who think about it believe world that he will veto this because of until just before she died the only mo- that there is more potential from em- his respect for life. tion she had was blinking her eyes. bryonic stem cells. There may not be, I hope that the bill we are discussing And that was the only way she could but that is why we need to do the re- tonight reaches the President’s desk at communicate with us. One blink for search so that we know what is feasible the same time as the bill we voted on ‘‘yes,’’ two blinks for ‘‘no.’’ here. yesterday so the President has before So from a personal perspective, and I I just want to spend a moment, Mr. him the option of signing a bill which suspect many families are like my fam- Speaker, going over my personal in- opens up all of the promises of embry- ily, that they have a relative, if not a volvement with this field. As was men- tioned by my good friend, the gen- onic stem cell medical application and relative, a friend who has one of these tleman from Georgia (Mr. GINGREY), I still preserves life. many diseases, diabetes, multiple scle- was privileged in a former life to work I want to emphasize again, Mr. rosis, lateral sclerosis, or Alzheimer’s in a scientific medical environment. I Speaker, that our bill deals only with disease. the animal experimentation because And, Mr. Speaker, there are a whole taught medical school for 4 years, I taught postgraduate medicine at the we want to know that in fact it is effi- host. I have here 63 different auto- School of Aviation Medicine in Pensa- cacious and safe to do the procedures immune diseases. These are diseases cola, Florida. I had the opportunity, that will need to be done if we are where the body gets confused as to while studying for my doctorate, to going to reach the potential for med- what is really body. You see, very early take a course in advanced embryology. ical application of embryonic stem in our embryonic development there And so when I went to NIH in 2001 with cells. are certain miracle cells in our body I would like to for just a moment a group from the Hill here, most of called T-cells that are imprinted with talk about the general potential from them staff members, quite a large num- who we are. And that is very essential, stem cells, whether they are embryonic ber as I remember, for a briefing at because in the future there are going to or whether they are adult stem cells. NIH on the potential for embryonic be a lot of foreign invaders, mainly stem cell applications, and this was in b 1730 bacteria and particularly viruses, that 2001 before the President came down There are two basic kinds of diseases would like to occupy us and live there with his executive order that we could in the body. There are diseases from comfortably without being rejected; not kill any more embryos; that there tissue or organ deficiencies, and there and that, of course, would be hazardous were 60 cell lines, maybe not quite 60, are diseases from pathogens. Mostly and frequently fatal. So these T-cells but 60 cell lines in existence and that what we are talking about are diseases are imprinted with who we are so that Federal money could be spent only on from tissue or organ deficiencies, al- they reject everything that is not us. those, we knew then that these cell though if there is a pathogen that de- Well, in many people, and there are lines would eventually run out. stroys an organ or a tissue and it 63 diseases here that are listed, in Now they are down to 22 and all of might be replaced through embryonic many people these immune reactions them contaminated with mouse ‘‘feed- or adult stem cell application, that get confused, and so we have what are er’’ cells, so there is now a need, if this would be included also. But there are a called autoimmune diseases where the research is going to continue with Fed- large number of diseases that represent body starts attacking its own tissues. eral funding, there is a need for addi- tissue or organ deficiencies, which ap- Well, the body marshals its resources tional stem cell lines. That is why the pear to hold promise for stem cell med- and many times it has overcome this bill yesterday and why the bill that we ical application. deficiency, but by that time, the tis- are talking about today. My colleague mentioned Type 1 dia- sues are decimated. So we have the po- Because I remembered my embry- betes. This is really a very tragic dis- tential that we could provide enormous ology, and the next chart here will ease. It represents the largest cost of medical help in a great number of dis- show what happens with ordinary twin- any disease in our country. I see dia- eases. ning with fraternal twins, in fraternal betics come through my office and the There is another potential, which is twins there are two eggs, and those two most heart-wrenching are those little much debated and explored, and that is eggs may implant in the uterus far children, juvenile diabetes, sometimes the potential difference between adult apart, in which case the babies will very virulent. They have to sample, stem cells and embryonic stem cells. present in separate amnions, or they several times a day, their blood. And there are many people who will may implant in the uterus close to- Thank God, we have improved tech- tell you that adult stem cells have the gether so that they will present with a niques which require just a fraction of most potential because they have pres- single chorion, I guess it is. a drop of blood. And they have, many ently the most medical applications, 58 The next chart shows what happens of them, embedded in their side a little as compared to zero for embryonic in identical twinning. In identical hockey-puck-size pump that pumps in- stem cells. The reason for that, Mr. twinning, early in the development of sulin. But they have to sample their Speaker, or at least one reason, is that the embryo, and you will remember the blood to know what the sugar level is we have been working with adult stem first chart we looked at that went from so they know how to set the pump, so cells for over 3 decades and just over 6 one cell to two to four to eight, then 16 it is pumping the right dose of insulin. years with embryonic stem cells. And and on to the inner-cell mass stage, This they have to do 24 hours a day. so there has not really been time for and the embryo can divide at either the And some of them are so brittle that medical applications. two-cell stage or clear up to the inner- they have to wake up at night to do But all of the professionals in the cell mass stage. And the little chart this. area will tell you that, theoretically, here shows two inner-cell masses.

VerDate jul 14 2003 01:56 May 27, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.126 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4129 The cell at which it divides deter- point person for embryonic stem cell medical benefit since they are going to mines how the babies will present. Here work. It is a large, 3-page letter in be discarded? you see you have two babies in the which he discusses a number of the The argument on the other side, and same chorion and they mimic the two things that we are discussing here this I am on the other side because I have a babies that were fraternal twins that evening, Mr. Speaker. true reverence for life, the argument happened to implant in the uterus There are several statements in his on the other side is that for any one of close together. Well, I knew, Mr. letter which indicate the probability those 400,000 embryos, you do not know Speaker, that in both of these cases that what we want to do in fact can be that is not the embryo that could be half of the cells were taken away from done, which could have enormous po- adopted in the snowflake operation and the developing embryo either at the tential applications for good to the become a much longed for and loved two-cell stage or anything in between people that have diseases that could be child. clear up to the inner-cell mass, and cured, well, maybe not cured, but At the end of the day, if you have there are a lot of stages in between where defective tissues and organs taken one of these embryos and de- here. And when you took half the cells could be replaced. stroyed it in your pursuit of embryonic away, the half you took away made a We were talking about diabetes, Mr. stem cell research, you have destroyed Speaker. That has a really high poten- the potential life of a unique individual perfectly normal baby, and the half tial application. The problem in the di- with a genetic blueprint unlike any that was left made a perfectly normal abetic is that the cells of Langerhans, other individual on the planet, another baby: identical twins. these are little island cells. They are Albert Einstein, another Ronald So it was reasonable to me that you called the islands of Langerhans for the Reagan. I think the reverence for life ought to be able to take a cell or two gentleman who first described them. argues very strongly in favor of the or three or so away and the cells that They happen to be located in the pan- President’s position that he will veto were left ought to produce a perfectly creas. They do not need to be there. the bill. normal baby. And I asked NIH re- They have nothing to do with what the I hope that my bill can get to his searchers, is this theoretically pos- pancreas does. desk at the same time because this is a sible? They said, yes, it is theoretically The pancreas secretes a large number bill that is reverent of life, and every- possible. of enzymes in the intestine that help thing that is done is done for the ben- A few days later I happened to be at digest all three classes of food in the efit of the embryo. The parents cannot an event with the President, and I intestine: fats, carbohydrates, and pro- conceive normally, so they have in knew he was struggling with this deci- tein. The islands of Langerhans, if we vitro fertilization. They would like to sion. So I mentioned to him my visit to could make them from stem cells and know, since they have the ability to NIH and the possibility that this could they could be placed in people, any- know, that their baby is not going to be done. The President handed the fol- where, their earlobe, their groin, under have a genetic defect. So what happens low-up to this to Karl Rove, and so the skin in their side, anywhere, they to the embryo with the genetic defect? Karl Rove went to NIH. would then secrete the insulin that is Mr. Speaker, I hope it is refrozen and Now, I did not know he was involved so essential. made available for adoption. There are until he called me and he said, Roscoe, And by the way, it is more than just many people in the world that get gen- they tell me at NIH they cannot do insulin, because giving insulin to a dia- uine fulfillment in adopting children this. I said, Karl, either they did not betic prolongs their life and helps a that are handicapped. That is why they understand the question or there is great deal, but it does not cure the dis- adopt crack cocaine babies or babies some confusion, because these are the ease. There still would be potential eye with AIDS. I would not want to pre- same people that can take a nucleus problems and potential circulation clude that this baby with a genetic de- out of a single cell and put another nu- problems. Many people, Mr. Speaker, fect might not be wanted by another cleus in it. That is what people do in have friends and relatives that have di- family. If the family decides that they cloning, and this is now done widely abetes and they see this progression. want to ensure that their baby is going since that Dolly sheep up there in What we want to do in our bill is to to have a high quality of life and does Scotland. provide an opportunity to explore in pre-implantation genetic diagnosis, if In fact, I went to a farm in Maryland nonhuman primates the potential for the potential is there, and our research that has two cloned cows, and it may making a repair kit so that that indi- in animals will help determine that, if be unique in all the world. They have a viduals, through all of their life, would the potential is there, they will cer- heifer there, born to a cloned cow, fer- have the possibility of applications tainly go on to develop a repair kit so tilized by a cloned bull. with completely genetically compat- their baby will have more than just a So I knew that it was possible to go ible material. And then with surplus potential of frozen cord blood. And in and do this. But they told him cells from the repair kit, we could es- then once they have established the re- again, no, they could not do it. So the tablish new embryonic stem cell lines. pair kit, hopefully if it is needed, they But our research aims only at the ani- President came out with his executive will donate a few cells so we can start mal experiments which would deter- order saying we could use only the another stem cell line to do the re- mine the efficacy and the safety of stem cell lines in existence. search and the medical applications Subsequent to that, a couple years doing this. There is debate, and you, Mr. Speak- that are necessary to determine the later, in my office talking about this full potential of embryonic stem cells with NIH, they admitted that there er, heard the debate yesterday. That was a really good illustration of some- in medicine. was some confusion that permitted Mr. Mr. Speaker, I want to spend a few thing my wife notes frequently, that Rove to believe something that they moments on a white paper produced by during those debates everything has had not said. What they told him was the President’s Council on Bioethics that they were not sure that we could been said, but they go on and on be- cause everybody has not said it. We called ‘‘Alternative Sources of make a stem cell line from such an heard yesterday people from both sides Pluripotent Stem Cells.’’ What it real- early embryo, at the eight-cell stage. repeating. And since repetition is the ly means is you can go into this early We make them all the time, by the soul of learning, I am sure the message embryo that I talked about, and let me way, from the inner-cell mass. That is from both sides got through. put that up on the board. This is from the stage at which they do this. That is And what was that message? From page 25 in their paper. The highlighted true. That is why I wanted then and the side that voted for the Castle bill, part says it may be some time before want now to do the animal experimen- the message was that we have 400,000 stem cell lines can be reliably derived tation to determine whether this is frozen embryos out there. They are not from single cells. If we go to the cell true or not. all going to be used; some will die be- mass stage, we may be able to get sev- I have here a letter, and I submitted cause they are frozen too long. eral cells since there are a lot of them this for the RECORD the last time we there. And, of course, our chances will spoke about this, so I will not do it b 1745 be enhanced with single cells extracted again, but this is a letter from Dr. Ultimately, some will be discarded so from early embryos and in ways that Battey, who is the NIH spokesman, the why should we not get some potential do no harm to the embryo.

VerDate jul 14 2003 03:48 May 27, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.128 H26PT1 H4130 CONGRESSIONAL RECORD — HOUSE May 26, 2005 So they are saying this is possible. In closing, I would like to look again, Albert Einstein; it could be tomorrow’s But the initial success of the Verlinsky and this is a different chart, but it Ronald Reagan. Group’s effort, and this is a group that shows the same sequence of events, Mr. Speaker, I do not want to be in says they have done this, that needs to come back to what we are proposing so the position of making the decision be corroborated by other scientists, there is no misunderstanding of what that it is okay to take this potential and our research would determine we are proposing. baby, it is a life, to take this potential whether or not that is feasible through Again, I will go through what hap- baby and destroy it because in doing so animal experimentation; but it raises pens in normal fertilization, and then I might help some other people. We do the future possibility that pluripotent you have to imagine this is not occur- not have to do that because as Dr. stem cells could be derived from single ring in the body of the mother, but it Coburn said in the Senate and as this blastomeres removed from early is occurring in a petri dish in a labora- letter from NIH says, it is completely human embryos without apparently tory, in a fertility clinic. feasible that we can reach these objec- harming them. This is the ovary and this is the fun- tives by taking cells from an early em- They do a really good job of talking nel end called the infundibulum and bryo for the benefit of the embryo. Let about the potential opportunities, and this is the fallopian tube, and we come me stress again that these cells would I want to note the asterisk; and a simi- down to the uterus. This is half of the be taken at the parents’ request to ben- lar idea was proposed by the gentleman uterus, and there is a mirror image on efit their baby, to do a preimplantation from Maryland (Mr. BARTLETT) as far this on the other side. It takes about 10 genetic diagnosis to develop a repair back as 2001. This was a suggestion days until the egg implants in the uter- kit. that I made to the people at NIH and us. Mr. Speaker, it would be wonderful if then to the President, and that was This is occurring now in the petri the 6.5 million people in the world well before the President came down dish. We know at the 8-cell stage here today had repair kits. How much with his executive order on the stem that you can take a cell or two out, human suffering could be alleviated by cell lines that could be used for further they have done it more than a thou- that. The parents would have made experimentation with Federal money. sand times, and get a perfectly normal these three decisions: in vitro fertiliza- They do a really good job in the body baby after taking that cell or two out tion because they cannot have a baby of this text. They talk about all of the for preimplantation genetic diagnosis. otherwise; to do a preimplantation ge- potential benefits. They talk about de- There is the possibility, although the netic diagnosis because they want a veloping the repair kit and taking cells authors of the ‘‘Alternative Sources of baby that is going to have the highest in the repair kit to produce the stem Pluripotent Stem Cells’’ argue that it possible quality of life; and to develop cell line. And they said here at the be- is probably not possible, but there is a a repair kit. It is only at that time ginning of it that all of this may be faint possibility, perhaps, if you put that we would ask them if you have possible. But then it almost looks to this in the proper environment you surplus cells from your repair kit, me like somebody else wrote their rec- might have another embryo. Therefore, might we not start another stem cell ommendation section because going to you start the ethical argument all over line with them. the back to the recommendation sec- again. Mr. Speaker, again, I want to empha- tion, they said the second proposal, But if you can wait, and I believe you size that our bill is just preparatory to blastomere extraction from living em- can, if you wait until the inner cell all of this because it deals with none of bryos, we find this proposal to be ethi- mass to take that cell, now you have this. It deals only with the animal ex- cally unacceptable in humans owing to completely avoided that argument be- perimentation that would determine the reasons given. We would not im- cause at the inner cell mass there has the efficacy of developing repair kits pose risk on living embryos destined to already been enough differentiation and stem cell lines from this early em- become children for the sake of getting that the cells in the inner cell mass bryo. stem cells for research. I hope my colleagues on both sides of will become the baby, but they can Mr. Speaker, that is not what they the aisle, I have now cosponsors on only become the baby if there are the said in the first part of it. They said both sides of the aisle, hopefully we cells in the trophoblast which will they were getting the stem cells to do will have a large number of cosponsors produce the decidua which is the preimplantation genetic diagnosis and because this bill meets both the objec- amnion and the chorion, and they have getting the stem cells to develop a re- tives and the objections of any Member not yet done this because there is no pair kit. I, too, have some concern who is concerned with the potential for reason to do this. The inner cell mass about getting cells if the only reason embryonic stem cell application to stage is the stage at which the embryos for getting the cells is for research, but medicine. are ordinarily taken to produce stem that is not the reason that the parents f decide to do preimplantation genetic cell lines. diagnosis; they do that because they Again, our bill deals only with ani- STATUS REPORT ON CURRENT want to have a baby that does not have mal experimentation in nonhuman pri- SPENDING LEVELS OF ON-BUDG- a genetic defect. mates, and those are the great apes ET SPENDING AND REVENUES That is not the reason that they have which I emphasized previously were ge- FOR FY 2005 AND THE 5-YEAR PE- the cells cultured to produce a repair netically very similar, and they are RIOD FY 2005 THROUGH FY 2009 kit, because they want their baby to widely used in research that would af- The SPEAKER pro tempore (Mr. have the potential miracle of embry- fect humans to determine the efficacy KUHL of New York). Under a previous onic stem cells for the rest of their life. and the safety of those procedures on order of the House, the gentleman from It is only at that time, after successful humans. Iowa (Mr. NUSSLE) is recognized for 5 animal experimentation, as outlined in I would like to return for just a mo- minutes. our bill, it is only at that time you ment to the fundamentals of this de- Mr. NUSSLE. Mr. Speaker, I am transmitting would ask the parents, if you have sur- bate: Christopher Reeves, Ronald a status report on the current levels of on- plus cells from your repair kit, might Reagan, ever so many people out there budget spending and revenues for fiscal year we start a stem cell line with them. that have diseases that one can imag- 2005 and for the five-year period of fiscal So although they do a very good job ine could be cured with applications of years 2005 through 2009. This report is nec- of discussing in the body of the text, stem cell research. The real challenge essary to facilitate the application of sections please go back to the body of the text is to be able to do that without what I 302 and 311 of the Congressional Budget Act. and read what they said there because think is a morally unacceptable proce- This status report is current through May 23, they really short circuit the whole dure of destroying another potential 2005. thing in their recommendations be- human being in doing that. I know that Ther term ‘‘current level’’ refers to the cause the presumption in the rec- there are 400,000 embryos out there. I amounts of spending and revenues estimated ommendation is that we are taking the know that not all of them will prob- for each fiscal year based on laws enacted or cells only for research. That was never ably be implanted; but for any one of awaiting the President’s signature. the presumption, that we were taking those embryos, Mr. Speaker, it could The first table in the report compares the the cells only for research. be implanted. It could be tomorrow’s current levels of total budget authority, outlays,

VerDate jul 14 2003 03:48 May 27, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MY7.129 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4131 and revenues with the aggregate levels set tionary appropriations for fiscal year 2005 with BUDGET AUTHORITY forth by H. Con. Res. 95, the conference re- the total of ‘‘section 302(b)’’ suballocations Enactment of measures providing new port on the budget resolution. This comparison among Appropriations subcommittees. The budget authority for FY 2005 in excess of is needed to enforce section 311(a) of the comparison is needed to enforce section $5,106,000,000 (if not already included in the Budget Act, which creates a point of order 302(f) of the Budget Act, which creates a point current level estimate) would cause FY 2005 against measures that would breach the budg- of order against measures reported by the Ap- budget authority to exceed the appropriate et resolution’s aggregate levels. The table propriations Committee that would breach its level set by H. Con. Res. 95. does not show budget authority and outlays section 302(a) discretionary action allocation for years after fiscal year 2005 because those of new budget authority. OUTLAYS years are not considered for enforcement of Enactment of measures providing new out- spending aggregates. REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE lays for FY 2005 in excess of $72,000,000 (if not The second table compares, by authorizing BUDGET—STATUS OF THE FISCAL YEAR 2005 CON- already included in the current level esti- committee, the current levels of budget author- GRESSIONAL BUDGET ADOPTED IN HOUSE CONCUR- mate) would cause FY 2005 outlays to exceed ity and outlays for discretionary action with the RENT RESOLUTION 95 the appropriate level set by H. Con. Res. 95. ‘‘section 302(a)’’ allocations made under H. [Reflecting action completed as of May 23, 2005—On-budget amounts, in Con. Res. 95 for fiscal year 2005 and fiscal millions of dollars] REVENUES years 2005 through 2009. ‘‘Discretionary ac- Enactment of measures that would reduce Fiscal Fiscal years tion’’ refers to legislation enacted after the year—2005 2005–2009 revenue for FY 2005 in excess of $407,000,000 adoption of the budget resolution. This com- (if not already included in the current level parison is needed to enforce section 302(f) of Appropriate Level: Budget Authority ...... 2,078,456 (1) estimate) would cause revenues to fall below the Budget Act, which crates a point of order Outlays ...... 2,056,006 (1) the appropriate level set by H. Con. Res. 95. against measures that would breach the sec- Revenues ...... 1,483,658 8,519,748 Current Level: Enactment of measures resulting in rev- tion 302(a) discretionary action allocation of Budget Authority ...... 2,073,350 (1) enue reduction for the period of fiscal years new budget authority for the committee that Outlays ...... 2,055,934 (1) Revenues ...... 1,484,065 8,603,391 2005 through 2009 in excess of $83,643,000,000 reported the measure. It is also needed to im- Current Level over (+) / under (¥) Appro- (if not already included in the current level plement section 311(b), which exempts com- priate Level: Budget Authority ...... ¥5,106 (1) estimate) would cause revenues to fall below mittees that comply with their allocations from Outlays ...... ¥72 (1) the appropriate levels set by H. Con. Res. 95. the point of order under section 311(a). Revenues ...... 407 83,643 The third table compares the current levels 1 Not applicable because annual appropriations Acts for fiscal years 2006 of budget authority and outlays for discre- through 2009 will not be considered until future sessions of Congress. DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR DISCRETIONARY ACTION REFLECTING ACTION COMPLETED AS OF MAY 23, 2005 [Fiscal years, in millions of dollars]

2005 2005–2009 total House committee BA Outlays BA Outlays

Agriculture: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Armed Services: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Education and the Workforce: Allocation ...... 0 0 400 400 Current Level ...... 0 0 0 0 Difference ...... 0 0 ¥400 ¥400 Energy and Commerce: Allocation ...... 0 0 1,525 1,525 Current Level ...... 0 0 0 0 Difference ...... 0 0 ¥1,525 ¥1,525 Financial Services: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Government Reform: Allocation ...... 0 0 50 50 Current Level ...... 0 0 0 0 Difference ...... 0 0 ¥50 ¥50 House Administration: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Homeland Security: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 International Relations: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Judiciary: Allocation ...... 0 0 6 6 Current Level ...... 0 0 0 0 Difference ...... 0 0 ¥6 ¥6 Resources: Allocation ...... 6 6 45 45 Current Level ...... 0 0 0 0 Difference ...... ¥6 ¥6 ¥45 ¥45 Science: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Small Business: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Transportation and Infrastructure: Allocation ...... 3,488 0 12,238 0 Current Level ...... 0 0 0 0 Difference ...... ¥3,488 0 ¥12,238 0 Veterans’ Affairs: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Ways and Means: Allocation ...... 554 64 1,800 1,558 Current Level ...... 0 0 0 0 Difference ...... ¥554 ¥64 ¥1,800 ¥1,558

VerDate jul 14 2003 05:36 May 27, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MY7.131 H26PT1 H4132 CONGRESSIONAL RECORD — HOUSE May 26, 2005 DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2005—COMPARISON OF CURRENT LEVEL WITH APPROPRIATIONS COMMITTEE 302(a) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(b) SUBALLOCATIONS [In millions of dollars]

302(b) suballoca- Current level re- Current level tions 1 flecting action com- minus suballoca- pleted as of May tions Appropriations subcommittee 23, 2005 BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... n.a. n.a. 18,689 18,844 n.a. n.a. Defense ...... n.a. n.a. 352,127 398,270 n.a. n.a. Energy & Water Development ...... n.a. n.a. 30,533 30,107 n.a. n.a. Foreign Operations ...... n.a. n.a. 18,892 25,898 n.a. n.a. Homeland Security ...... n.a. n.a. 38,469 31,925 n.a. n.a. Interior-Environment ...... n.a. n.a. 26,969 26,874 n.a. n.a. Labor, HHS & Education ...... n.a. n.a. 143,180 141,773 n.a. n.a. Legislative Branch ...... n.a. n.a. 3,545 3,785 n.a. n.a. Military Quality of Life-Veterans Affairs ...... n.a. n.a. 80,263 76,417 n.a. n.a. Science-State-Justice-Commerce ...... n.a. n.a. 58,438 57,956 n.a. n.a. Transportation-Treasury-HUD-Judiciary-DC ...... n.a. n.a. 67,873 117,669 n.a. n.a.

Total (Section 302(a) Allocation) 1 ...... 840,036 929,520 838,978 929,518 ¥1,058 ¥2 1 Appropriations Committee has not submitted the subcommittee allocations since the restructuring of the committee.

U.S. CONGRESS, the Concurrent Resolution on the Budget for 109–8); and The Emergency Supplemental Ap- CONGRESSIONAL BUDGET OFFICE, Fiscal Year 2006. Pursuant to section 402 of propriations Act for Defense, the Global War Washington, DC, May 26, 2005. that resolution, provisions designated as on Terror, and Tsunami Relief, 2005 (Pub. L. Hon. JIM NUSSLE, emergency requirements are exempt from 109–13). Chairman, Committee on the Budget, enforcement of the budget resolution. As a The effects of the Emergency Supple- House of Representatives, Washington, DC. result, the enclosed current level report ex- cludes these amounts (see footnote 2 of the mental Appropriations Act for Defense, the DEAR MR. CHAIRMAN: The enclosed report Global War on Terror, and Tsunami Relief, shows the effects of Congressional action on report). Since my last letter, dated January 24, the 2005 are identified separately on the enclosed the fiscal year 2005 budget and is current Congress has cleared and the President has report. The effects of all other laws are in- through May 23, 2005, This report is sub- signed the following acts that changed budg- cluded in the ‘‘previously enacted’’ section of mitted under section 308(b) and in aid of sec- et authority, outlays, or revenues for fiscal the report, consistent with the budget reso- tion 311 of the Congressional Budget Act, as year 2005: lution assumptions. amended. An act to provide for the proper tax treat- Sincerely, The estimates of budget authority, out- ment of certain disaster mitigation pay- ELIZABETH M. ROBINSON lays, and revenues are consistent with the ments (Pub. L. 109–7); technical and economic assumptions for fis- The Bankruptcy Abuse Prevention and (For Douglas Holtz-Eakin, Director). cal year 2005 that underlie H. Con. Res. 95, Consumer Protection Act of 2005 (Pub. L. Enclosure. FISCAL YEAR 2005 HOUSE CURRENT LEVEL REPORT AS OF MAY 23, 2005 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in previous sessions: 1 Revenues ...... n.a. n.a. 1,484,024 Permanents and other spending legislation ...... 1,191,357 1,102,621 n.a. Appropriation legislation ...... 1,298,963 1,369,221 n.a. Offsetting receipts ...... ¥415,912 ¥415,912 n.a. Total, enacted in previous sessions: ...... 2,074,408 2,055,930 1,484,024 Enacted this session: Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Pub. L. 109–13) 2 ...... ¥1,058 4 41 Total Current Level 2, 3 ...... 2,073,350 2,055,934 1,484,065 Total Budget Resolution ...... 2,078,456 2,056,006 1,483,658 Current Level Over Budget Resolution ...... n.a. n.a. 407 Current Level Under Budget Resolution ...... 5,106 72 n.a. Memorandum: Revenues, 2005–2009: House Current Level ...... n.a. n.a. 8,603,391 House Budget Resolution ...... n.a. n.a. 8,519,748 Current Level Over Budget Resolution ...... n.a. n.a. 83,643 Current Level Under Budget Resolution ...... n.a. n.a. n.a. Notes: n.a. = not applicable; P. L. = Public Law. 1 The effects of an act to provide for the proper tax treatment of certain disaster mitigation payments (Pub. L. 109–7) and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Pub. L. 109–8) are included in this sec- tion of the table, consistent with the budget resolution assumptions. 2 Pursuant to section 402 of H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. As a result, the cur- rent level excludes $83,140 million in budget authority and $33,034 million in outlays from the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Pub. L. 109–13). 3 Excludes administrative expenses of the Social Security Administration, which are off-budget. Source: Congressional Budget Office.

STATUS REPORT ON CURRENT SPENDING LEVELS for each fiscal year based on laws enacted or Con. Res. 95 for fiscal year 2006 and fiscal OF ON-BUDGET SPENDING AND REVENUES FOR awaiting the President’s signature. years 2006 through 2010. ‘‘Discretionary ac- FY 2006 AND THE 5-YEAR PERIOD FY 2006 The first table in the report compares the tion’’ refers to legislation enacted after the THROUGH FY 2010 current levels of total budget authority, outlays, adoption of the budget resolution. This com- Mr. NUSSLE. Mr. Speaker, I am transmitting and revenues with the aggregate levels set parison is needed to enforce section 302(f) of a status report on the current levels of on- forth by H. Con. Res. 95. This comparison is the Budget Act, which creates a point of order budget spending and revenues for fiscal year needed to enforce section 311(a) of the Budg- against measures that would breach the sec- 2006 and for the five-year period of fiscal et Act, which creates a point of order against tion 302(a) discretionary action allocation of years 2006 through 2010. This report is nec- measures that would breach the budget reso- new budget authority for the committee that essary to facilitate the application of sections lution’s aggregate levels. The table does not reported the measure. It is also needed to im- 302 and 311 of the Congressional Budget Act show budget authority and outlays for years plement section 311(b), which exempts com- and section 401 of the conference report on after fiscal year 2006 because those years are mittees that comply with their allocations from not considered for enforcement of spending the concurrent resolution on the budget for fis- the point of order under section 311(a). aggregates. The third table compares the current levels cal year 2006 (H. Con. Res. 95). This status The second table compares, by authorizing of discretionary appropriations for fiscal year report is current through May 23, 2005. committee, the current levels of budget author- 2006 with the ‘‘section 302(b)’’ suballocations The term ‘‘current level’’ refers to the ity and outlays for discretionary action with the of discretionary budget authority and outlays amounts of spending and revenues estimated ‘‘section 302(a)’’ allocations made under H. among Appropriations subcommittees. The

VerDate jul 14 2003 05:36 May 27, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 7634 Sfmt 9920 E:\CR\FM\A26MY7.052 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4133 comparison is also needed to enforce section REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE would cause FY 2006 budget authority 302(f) of the Budget Act because the point of BUDGET—STATUS OF THE FISCAL YEAR 2006 CON- to exceed the appropriate level set by order under that section equally applies to GRESSIONAL BUDGET ADOPTED IN HOUSE CONGRES- H. Con. Res. 95. measures that would breach the applicable SIONAL RESOLUTION 95 OUTLAYS [Reflecting action completed as of May 23, 2005—On-budget amounts, in section 302(b) suballocation as well as the millions of dollars] Enactment of measures providing 302(a) allocation. new outlays for FY 2006 in excess of Fiscal years 2006— $516,521,000,000 (if not already included The fourth table gives the current level for Fiscal year 2006 2010 in the current level estimate) would 2007 of accounts identified for advance appro- Appropriate Level: cause FY 2006 outlays to exceed the ap- priations under section 401 of H. Con. Res. Budget Authority ...... 2,144,384 (1) Outlays ...... 2,161,420 (1) propriate level set by H. Con. Res. 95. 95. This list is needed to enforce section 401 Revenues ...... 1,589,892 9,080,006 Current Level: REVENUES of the budget resolution, which creates a point ( ) Budget Authority ...... 1,320,811 1 Enactment of measures that would of order against appropriation bills or amend- Outlays ...... 1,644,899 (1) Revenues ...... 1,607,661 9,185,688 reduce revenue for FY 2006 in excess of ments thereto that contain advance appropria- Current Level over (+)/ under (¥) Appropriate $17,769,000,000 (if not already included tions that are: (I) not identified in the state- Level: in the current level estimate) would ment of managers or (ii) would cause the ag- Budget Authority ...... ¥823,573 (1) Outlays ...... ¥516,521 (1) cause revenues to fall below the appro- gregate amount of such appropriations to ex- Revenues ...... 17,769 105,682 priate level set by H. Con. Res. 95. ceed the level specified in the resolution. 1Not applicable because annual appropriations Acts for fiscal years 2007 Enactment of measures resulting in through 2010 will not be considered until future sessions of Congress. revenue reduction for the period of fis- BUDGET AUTHORITY cal years 2006 through 2010 in excess of Enactment of measures providing $105,682,000,000 (if not already included new budget authority for FY 2006 in ex- in the current level estimate) would cess of $823,573,000,000 (if not already cause revenues to fall below the appro- included in the current level estimate) priate levels set by H. Con. Res. 95. DIRECT SPENDING LEGISLATION COMPARISON OF CURRENT LEVEL WITH AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR DISCRETIONARY ACTION REFLECTING ACTION COMPLETED AS OF MAY 23, 2005 [Fiscal years, in millions of dollars]

2006 2006–2010 total House committee BA Outlays BA Outlays

Agriculture: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Armed Services: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Education and the Workforce: Allocation ...... 100 100 500 500 Current Level ...... 0 0 0 0 Difference ...... ¥100 ¥100 ¥500 ¥500 Energy and Commerce: Allocation ...... 100 100 2,000 2,000 Current Level ...... 0 0 0 0 Difference ...... ¥100 ¥100 ¥2,000 ¥2,000 Financial Services: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Government Reform: Allocation ...... 50 50 50 50 Current Level ...... 0 0 0 0 Difference ...... ¥50 ¥50 ¥50 ¥50 House Administration: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Homeland Security: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 International Relations: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Judiciary: Allocation ...... 6 6 6 6 Current Level ...... 0 0 0 0 Difference ...... ¥6 ¥6 ¥6 ¥6 Resources: Allocation ...... 8 8 50 50 Current Level ...... 0 0 0 0 Difference ...... ¥8 ¥8 ¥50 ¥50 Science: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Small Business: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Transportation and Infrastructure: Allocation ...... 3,027 0 4,107 0 Current Level ...... 0 0 0 0 Difference ...... ¥3,027 0 ¥4,107 0 Veterans’ Affairs: Allocation ...... 0 0 0 0 Current Level ...... 0 0 0 0 Difference ...... 0 0 0 0 Ways and Means: Allocation ...... 350 346 1,537 1,914 Current Level ...... 0 0 0 0 Difference ...... ¥350 ¥346 ¥1,537 ¥1,914

VerDate jul 14 2003 05:36 May 27, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 7634 Sfmt 9920 E:\CR\FM\A26MY7.055 H26PT1 H4134 CONGRESSIONAL RECORD — HOUSE May 26, 2005 DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2006—COMPARISON OF CURRENT LEVEL WITH APPROPRIATIONS COMMITTEE 302(a) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(b) SUBALLOCATIONS [In millions of dollars]

302(b) Suballoca- Current level re- Current level minus tions as of May 18, flecting action com- suballocations 2005 (H. Rpt. 109– pleted as of May Appropriations subcommittee 85) 23, 2005 BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... 16,832 18,691 7 5,399 ¥16,825 ¥13,292 Defense ...... 363,440 372,696 27 126,306 ¥363,413 ¥246,390 Energy & Water Development ...... 29,746 30,273 36 11,092 ¥29,710 ¥19,181 Foreign Operations ...... 20,270 25,380 0 17,091 ¥20,270 ¥8,289 Homeland Security ...... 30,846 33,233 0 14,762 ¥30,846 ¥18,471 Interior-Environment ...... 26,107 27,500 0 11,504 ¥26,107 ¥15,996 Labor, HHS & Education ...... 142,514 143,802 19,166 98,279 ¥123,348 ¥45,523 Legislative Branch ...... 3,719 3,804 0 624 ¥3,719 ¥3,180 Military Quality of Life-Veterans Affairs ...... 85,158 81,634 ¥2,170 16,515 ¥87,328 ¥65,119 Science-State-Justice-Commerce ...... 57,453 58,856 0 23,080 ¥57,453 ¥35,776 Transportation-Treasury-HUD–Judiciary-DC ...... 66,935 120,908 4,223 70,800 ¥62,712 ¥50,108 Unassigned ...... 0 59 0 0 0 ¥59 Total (Section 302(a) Allocation) ...... 843,020 916,836 21,289 395,452 ¥821,731 ¥521,384

STATEMENT OF FY2007 ADVANCE APPROPRIATIONS UNDER STATEMENT OF FY2007 ADVANCE APPROPRIATIONS UNDER mitted under section 308(b) and in aid of sec- SECTION 401 OF H. CON. RES. 95, REFLECTING ACTION SECTION 401 OF H. CON. RES. 95, REFLECTING ACTION tion 311 of the Congressional Budget Act, as COMPLETED AS OF MAY 23, 2005 COMPLETED AS OF MAY 23, 2005—Continued amended. [In millions of dollars] [In millions of dollars] The estimates of budget authority, out- lays, and revenues are consistent with the Budget au- Budget au- technical and economic assumptions of H. thority thority Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006. Pursuant to Appropriate Level ...... 23,158 Current Level over (+) / under (¥) Appropriate Level ...... ¥23,158 Current Level: section 402 of that resolution, provisions des- Elk Hills ...... 0 U.S. CONGRESS, ignated as emergency requirements are ex- Employment and Training Administration ...... 0 CONGRESSIONAL BUDGET OFFICE, empt from enforcement of the budget resolu- Education for the Disadvantaged ...... 0 Washington, DC, May 26, 2005. tion. As a result, the enclosed current level School Improvement ...... 0 report excludes these amounts (see footnote Children and Family Services (Head Start) ...... 0 Hon. JIM NUSSLE, Special Education ...... 0 Chairman, Committee on the Budget, 2 of the report). This is my first report for Vocational and Adult Education ...... 0 House of Representatives, Washington, DC. fiscal year 2006. Payment to Postal Service ...... 0 DEAR MR. CHAIRMAN: the enclosed report Sincerely, Section 8 Renewals ...... 0 shows the effects of Congressional action on ELIZABETH M. ROBINSON Shipbuilding and Conversion, Navy ...... 0 the fiscal year 2006 budget and is current (For DOUGLAS HOLTZ-EAKIN, Director). Total ...... 0 through May 23, 2005. This report is sub- Enclosure. FISCAL YEAR 2006 HOUSE CURRENT LEVEL REPORT AS OF MAY 23, 2005 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in previous sessions:1 Revenues ...... n.a. n.a. 1,607,650 Permanents and other spending legislation ...... 1,351,021 1,318,426 n.a. Appropriation legislation ...... 0 382,272 n.a. Offsetting receipts ...... ¥479,872 ¥479,872 n.a. Total, enacted in previous sessions: ...... 871,149 1,220,826 1,607,650 Enacted this session: Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Pub. L. 109–13) 2 ...... ¥39 ¥21 ¥11 Entitlements and mandatories: Budget resolution baseline estimates of appropriated entitlements and other mandatory programs not yet enacted ...... 449,701 424,094 n.a. Total Current Level 2, 3 ...... 1,320,811 1,644,899 1,607,661 Total Budget Resolution ...... 2,144,384 2,161,420 1,589,892 Current Level Over Budget Resolution ...... n.a. n.a. 17,769 Current Level Under Budget Resolution ...... 823,573 516,521 n.a. Memorandum: Revenues, 2006–2010: House Current Level ...... n.a. n.a. 9,185,688 House Budget Resolution ...... n.a. n.a. 9,080,006 Current Level Over Budget Resolution ...... n.a. n.a. 105,682 Current Level Under Budget Resolution ...... n.a. n.a. n.a. Notes: n.a. = not applicable, P.L. = Public Law. 1 The effects of an act to provide for the proper tax treatment of certain disaster mitigation payments (P.L. 109–7) and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (P.L. 109–8) are included in this section of the table, consistent with the budget resolution assumptions. 2 Pursuant to section 402 of H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, provision designated as emergency requirements are exempt from enforcement of the budget resolution. As a result, the cur- rent level excludes $30,790 million in outlays from funds provided in the Emergency Supplement Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13). 3 Excludes administrative expenses of the Social Security Administration, which are off-budget. Source: Congressional Budget Office.

COLORADO TORPEDO PROGRAM I am so honored to have met the vanced engineering and manufacturing REALIZES COST SAVINGS great folks in Arvada, Colorado, my prowess that are ideal for reducing the home State, who work for Barber-Nich- high cost of technology equipment The SPEAKER pro tempore. Under ols, Incorporated, and to hear their such as the ATT, a very complicated the Speaker’s announced policy of Jan- story about what they have been able weapon which has approximately 700 uary 4, 2005, the gentleman from Colo- to do so far for the Navy’s Surface Ship separate parts. rado (Mr. BEAUPREZ) is recognized for Torpedo Defense, SSTD, program. Barber-Nichols has used their exper- 60 minutes. tise to help the Navy and the American Mr. BEAUPREZ. Mr. Speaker, I come b 1800 taxpayer reduce the cost of the torpedo to the floor tonight to speak to my col- This program uses a torpedo, or more and provide tremendous cost savings in leagues and those watching these pro- particularly an anti-torpedo torpedo to the program. To date, for every $1 we ceedings about something that is oc- protect our ships. have spent on the ATT affordability curring in Colorado’s 7th Congressional I know it sounds a bit off center, a program, the Navy has realized future District which is directly benefiting landlocked State such as Colorado with production cost savings of $15. Barber- the Department of the Navy and the such expertise in torpedo programs. In Nichols approached the Navy and their U.S. taxpayer. fact, Barber-Nichols possesses both ad- design agent, the Applied Research

VerDate jul 14 2003 04:00 May 27, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.058 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4135 Laboratory, or ARL, at Penn State to protected from torpedoes. I look for- look for ways to reduce cost during discuss how to consider ward to working with you to improve that product design. Once the product manufacturability and assemble abil- the capability of our ships to defend is designed and developed, they work ity concepts in the design today so themselves against torpedo attack.’’ hard to manufacture the product in a that we can save money in the produc- That, in a letter to the Secretary of cost-effective manner. tion tomorrow. Defense from Chairman DUNCAN The important fact to realize is that As we have all witnessed, Mr. Speak- HUNTER. 80 percent of the product cost is pre- er, developing and maintaining the Congress since has provided multiple determined in the design process, not best military in the world comes with years of funding to allow the Navy to in the manufacturing process. Thus, a hefty price tag. In an extremely tight address the issue. The Navy agrees our addressing affordability must be done budget environment, it goes without sailors and high-value ships are worth in that first design process. saying that any program that can save protecting and that torpedo defense is In the ATT affordability program, money helps that service perform bet- an important capability to have. my constituent Barber-Nichols, a com- ter. Thus, the Navy has, first, teamed mercial company again in Arvada, Col- With that said, let me tell you more with our ally, Great Britain, to jointly orado, is working with the Navy’s de- about the ATT program and the afford- develop elements of a surface ship tor- sign agent, ARL-Penn State, to sim- ability efforts that are ongoing in this pedo defense system; secondly, made plify the product, reduce costs of man- program. The surface ship torpedo de- torpedo defense a requirement for new ufacture and assembly and ensure af- fense program and the anti-torpedo ship design efforts; third, identified the fordability and cost reduction are con- torpedo program were started by the anti-torpedo torpedo as the solution for sidered in the design process. United States Navy because our ships torpedo defense; and fourth, developed Affordability is usually not addressed were, and remain, vulnerable to tor- an anti-torpedo torpedo technology in government technology development pedo attack. Currently, there are sev- demonstrator that has included suc- programs until after a production pro- eral torpedoes available on the world cessful in-water testing. gram is awarded. Contractors can re- market that we have little or no de- In the FY 2006 budget, the Navy re- duce cost with innovative manufac- fense against. That is right, little to no quested over $47 million for torpedo de- turing approaches, but the bulk of the defense against a torpedo attack. fense, so Congress is well aware of their potential cost savings will not ever be The threat increases when we move interest in continuing this program realized because they were not ad- our ships from the open ocean, where into the future. dressed in the product design. Incor- we can see for hundreds of miles, to Mr. Speaker, I have talked a lot porating commercial best practices coastal areas where threats can get about the need and the desire to pro- like we have just discussed into gov- closer to our ships and our reaction tect our ships and our sailors. I bet you ernment procurement practices could time is lessened. As we project our would like to hear about how the Navy save us potentially a great deal of tax- forces into the Third World areas, we envisions the system will work. This payer money. operate in locations like the Persian chart to my left depicts the AN/WSQ– One aspect of affordability is design Gulf where we are much more vulner- 11, this surface ship torpedo defense for manufacturability. In a simplistic able. system. In very simple terms, surface way, this chart to my left depicts the Torpedoes can be bought on the black ship torpedo defense is accomplished major steps in the process. The way market by people and organizations by detecting a threat torpedo with a this is accomplished is that you first who wish to do us harm. These tor- sensor towed behind the ship, launch- start with a baseline design, under- pedoes can be launched from the shore- ing the anti-torpedo torpedo against stand what each part of it costs to line or small boats, threats that we that threat, intercepting the threat make, then look at the high-priced were not too worried about until the torpedo with the ATT, and destroying pieces to see if costs can be reduced. USS Cole incident where 17 U.S. sailors it, obviously, before the threat can You then develop lower-cost alter- made the ultimate sacrifice. reach our ship. native designs that are constructed and Because of this threat to our ships Conceptually, it looks fairly simple. tested. If these alternative designs are and sailors, Congress has weighed in Practically, intercepting a torpedo successful, both technically and heavily in support of torpedo defense, under water is quite difficult. We have costwise, you can incorporate the al- as was stated in a letter to the Sec- all seen the challenges played out in ternative design into the baseline de- retary of the Navy back in 1997, signed the newspapers regarding missile de- sign. by Chairman DUNCAN HUNTER and fense. This is essentially the same This design for manufacturability other Members of this House, including thing under water, albeit at far slower method has been used on the anti-tor- ROSCOE BARTLETT, who is with us to- speeds. The good news is that the tests, pedo torpedo. First, a baseline design night, Bob Dornan, DUKE CUNNINGHAM to date, show that the technology cost study was performed. From this and GENE TAYLOR. I quote from their works. study, the most expensive parts of the letter: Mr. Speaker, we started this discus- torpedo were found and it was deter- ‘‘We are especially concerned that sion tonight with an acknowledgment mined that the engine was the most ex- our high-value ships that carry hun- regarding the hefty price tag associ- pensive subsystem of the product, as dreds or even thousands of our young ated with developing and maintaining depicted in this new graph. This cost sailors and marines are very vulnerable the best military in the world. How- analysis helped in understanding what to particular classes of torpedoes.’’ ever, as stewards of the public’s money to focus on first. Where is the biggest Congress has also asked the Navy to in this Chamber, we should be looking bang for the buck? From this analysis, study the vulnerability of our ships as for ways to spend it wisely. The ATT the development moved into afford- evidenced in this quote: affordability program is a prime exam- ability projects. ‘‘We therefore ask you to conduct an ple of fiscal responsibility in military One example of a high-priced compo- independent review of the SSTD pro- spending. nent that was made into an ATT af- gram and provide us with your find- The anti-torpedo torpedo afford- fordability project is the torpedo ings.’’ That in a letter to the Under ability program was started to ensure propulsor shown on this next chart. Secretary of the Navy, again from Con- we could afford the surface ship tor- That is this machined part from the gressman HUNTER, BARTLETT, Dornan pedo defense system when it goes to ATT depicted here. In the production and CUNNINGHAM. production. The ATT affordability pro- quantities planned, the part was esti- And Congress has agreed with the gram is very similar to the efforts com- mated to cost about $14,000 each. I have independent studies that say we should mercial companies across our Nation seen this part. It fits easily into the move forward with torpedo defense as practice on a daily basis. palm of my hand. Again, it was esti- seen in this quote: Commercial product companies de- mated initially to cost about $14,000 ‘‘I understand that the IDA study is velop a new product with a final cost in each. completed and that the results strong- mind. They eliminate features that are The DFM process yielded a lower- ly confirm that all ships need to be not cost effective, and they continually cost design that was much easier to

VerDate jul 14 2003 04:00 May 27, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.133 H26PT1 H4136 CONGRESSIONAL RECORD — HOUSE May 26, 2005 make. This low-cost design was manu- sign enrolled bills and joint resolutions amendment, and modifications com- factured and tested. The tests showed through June 7, 2005. mitted to conference: Messrs. COX, it performed as well as the expensive J. DENNIS HASTERT, DANIEL E. LUNGREN of California, and Speaker of the House of Representatives. design. Thus, this low-cost design will THOMPSON of Mississippi. The SPEAKER pro tempore. Without now be incorporated into the govern- From the Committee on the Judici- objection, the appointment is ap- ment’s baseline design. When this part ary, for consideration of sections 1211, proved. goes into production, it will now cost a 1605, 1812, 1832, 2013, 2017, 4105, 4201, 4202, There was no objection. little over $2,000 each instead of the 4214, 7018–7020, and 7023 of the House $14,000, resulting in production pro- f bill, and sections 1410, 1512, 1513, 6006, gram savings of about 80 percent of the b 1815 6029, 7108, 7113, 7115, 7338, 7340, 7343, 7345, original cost estimate. APPOINTMENT OF CONFEREES ON 7362, 7363, 7406, 7407, and 7413 of the Sen- Another example of an affordability H.R. 3, TRANSPORTATION EQUITY ate amendment, and modifications project under way is the electronic ACT: A LEGACY FOR USERS committed to conference: Messrs. SEN- card carrier set, one of which is shown SENBRENNER, SMITH of Texas, and CON- here. The current design is a set of The SPEAKER pro tempore (Mr. YERS. fully machined metal pieces that would KUHL of New York). Without objection, From the Committee on Resources, cost approximately $4,000 a set if man- the Chair appoints the following con- for consideration of sections 1119, 3021, ufactured in production today as origi- ferees: 6002, and 6003 of the House bill, and sec- nally designed. From the Committee on Transpor- tions 1501, 1502, 1505, 1511, 1514, 1601, The low-cost alternative design uses tation and Infrastructure, for consider- 1603, 6040, and 7501–7518 of the Senate die cast pieces with very little machin- ation of the House bill (except title X) amendment, and modifications com- ing. If these are successfully fabricated and the Senate amendment (except mitted to conference: Messrs. POMBO, and tested later this year, the Navy title V), and modifications committed WALDEN of Oregon, and KIND. will achieve a very substantial cost to conference: From the Committee on Rules, for savings with this part as well. The low- Messrs. YOUNG of Alaska, PETRI, consideration of sections 8004 and 8005 cost design is expected to cost approxi- BOEHLERT, COBLE, DUNCAN, MICA, HOEK- of the House bill, and modifications mately $200 per set and result is a cost STRA, LATOURETTE, BACHUS, BAKER, committed to conference: Mr. DREIER, savings of almost that full $4,000 of the GARY G. MILLER of California, HAYES, Mrs. CAPITO, and Mr. MCGOVERN. original estimated cost, or about 95 SIMMONS, BROWN of South Carolina, From the Committee on Science, for percent. GRAVES, SHUSTER, BOOZMAN, OBERSTAR, consideration of sections 2010, 3013, In conclusion, Mr. Speaker, the ATT RAHALL, DEFAZIO, COSTELLO, Ms. NOR- 3015, 3034, 3039, 3041, 4112, and title V of affordability program has been ex- TON, Messrs. NADLER, MENENDEZ, Ms. the House bill, and title II and sections tremely successful and must stay the CORRINE BROWN of Florida, Mr. FILNER, 6014, 6015, 6036, 7118, 7212, 7214, 7361, and programmatic course in order to pro- Ms. EDDIE BERNICE JOHNSON of Texas, 7370 of the Senate amendment, and tect our sailors and ships when they Mr. TAYLOR of Mississippi, Ms. modifications committed to con- are in harm’s way. The projects com- MILLENDER-MCDONALD, Mr. CUMMINGS, ference: Messrs. EHLERS, REICHERT, and pleted in 2003 and 2004 are expected to Mr. BLUMENAUER, and Mrs. TAUSCHER. GORDON. save $31.2 million of taxpayer money From the Committee on the Budget, From the Committee on Ways and when the ATT goes into production. for consideration of sections 8001–8003 Means, for consideration of title X of More projects are planned in 2005 of the House bill, and title III of the the House bill, and title V of the Sen- through 2007. We estimate the govern- Senate amendment, and modifications ate amendment, and modifications ment will save $15 in production costs committed to conference: Messrs. committed to conference: Messrs. for every $1 spent in this affordability NUSSLE, MARIO DIAZ-BALART of Flor- THOMAS, MCCRERY, and RANGEL. effort. ida, and Spratt. For consideration of the House bill Developing and maintaining the best From the Committee on Education and Senate amendment, and modifica- military in the world comes with a and the Workforce, for consideration of tions committed to conference: Mr. price. In an extremely tight budget en- sections 1118, 1605, 1809, 3018, and 3030 of DELAY. vironment, any program that can save the House bill, and sections 1304, 1819, There was no objection. 6013, 6031, 6038, and 7603 of the Senate money should be applauded and sup- f ported. amendment, and modifications com- LEAVE OF ABSENCE I congratulate Barber-Nichols, Inc., mitted to conference: Messrs. KLINE, of Arvada, Colorado; ARL-Penn State, KELLER, and BARROW. By unanimous consent, leave of ab- and certainly the Navy for their efforts From the Committee on Energy and sence was granted to: with the ATT program and hope other Commerce, for consideration of provi- Mr. DOYLE (at the request of Ms. such collaborative design projects will sions in the House bill and Senate PELOSI) for today on account of a fam- provide for our security, protect our amendment relating to Clean Air Act ily emergency. troops and use taxpayer dollars as pru- provisions of transportation planning Mr. GENE GREEN of Texas (at the re- dently as possible. contained in sections 6001 and 6006 of quest of Ms. PELOSI) for today after 3:00 the House bill; and sections 6005 and p.m. on account of business in the dis- f 6006 of the Senate amendment; and sec- trict. tions 1210, 1824, 1833, 5203, and 6008 of Mr. MENENDEZ (at the request of Ms. APPOINTMENT OF HON. MAC the House bill; and sections 1501, 1511, PELOSI) for today on account of official THORNBERRY OR HON. WAYNE T. 1522, 1610–1619, 1622, 4001, 4002, 6016, 6023, business. GILCHREST TO ACT AS SPEAKER 7218, 7223, 7251, 7252, 7256–7262, 7324, 7381, f PRO TEMPORE TO SIGN EN- 7382, and 7384 of the Senate amend- SPECIAL ORDERS GRANTED ROLLED BILLS AND JOINT RESO- ment, and modifications committed to LUTIONS THROUGH JUNE 7, 2005 conference: Messrs. BARTON of Texas, By unanimous consent, permission to PICKERING, and DINGELL. address the House, following the legis- The SPEAKER pro tempore (Mr. From the Committee on Government lative program and any special orders KUHL of New York) laid before the Reform, for consideration of section heretofore entered, was granted to: House the following communication 4205 of the House bill, and section 2101 (The following Members (at the re- from the Speaker: of the Senate amendment, and modi- quest of Mr. PALLONE) to revise and ex- HOUSE OF REPRESENTATIVES, fications committed to conference: tend their remarks and include extra- THE SPEAKER’S ROOMS, Messrs. TOM DAVIS of Virginia, PLATTS, neous material:) Washington, DC, May 26, 2005. I hereby appoint the Honorable MAC and WAXMAN. Mr. SCHIFF, for 5 minutes, today. THORNBERRY or, if he is not available to per- From the Committee on Homeland Ms. WOOLSEY, for 5 minutes, today. form this duty, the Honorable WAYNE T. Security, for consideration of sections Mr. EMANUEL, for 5 minutes, today. GILCHREST to act as Speaker pro tempore to 1834, 6027, 7324, and 7325 of the Senate Mr. PALLONE, for 5 minutes, today.

VerDate jul 14 2003 03:48 May 27, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.135 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4137 Mr. FALEOMAVAEGA, for 5 minutes, 2185. A letter from the Assistant Director, 2200. A letter from the Acting Assistant today. Executive & Political Personnel, Depart- Secretary for Legislative Affairs, Depart- ment of State, transmitting a report pursu- Mr. WU, for 5 minutes, today. ment of Defense, transmitting a report pur- suant to the Federal Vacancies Reform Act ant to the Federal Vacancies Reform Act of Ms. NORTON, for 5 minutes, today. of 1998; to the Committee on Government Re- 1998; to the Committee on Government Re- Ms. JACKSON-LEE of Texas, for 5 min- form. form. utes, today. 2186. A letter from the Assistant Director, 2201. A letter from the Acting Assistant (The following Members (at the re- Executive & Political Personnel, Depart- Secretary for Legislative Affairs, Depart- quest of Mr. HAYWORTH) to revise and ment of Defense, transmitting a report pur- ment of State, transmitting a report pursu- extend their remarks and include ex- suant to the Federal Vacancies Reform Act ant to the Federal Vacancies Reform Act of 1998; to the Committee on Government Re- traneous material:) of 1998; to the Committee on Government Re- form. form. Mr. PENCE, for 5 minutes, today. 2187. A letter from the Assistant Director, 2202. A letter from the Acting Assistant Mr. FOLEY, for 5 minutes, today. Executive & Political Personnel, Depart- Secretary for Legislative Affairs, Depart- Mr. HAYWORTH, for 5 minutes, today. ment of Defense, transmitting a report pur- ment of State, transmitting a report pursu- Ms. FOXX, for 5 minutes, today. suant to the Federal Vacancies Reform Act ant to the Federal Vacancies Reform Act of 1998; to the Committee on Government Re- Mr. NUSSLE, for 5 minutes, today. of 1998; to the Committee on Government Re- form. form. 2203. A letter from the Attorney Advisor, f 2188. A letter from the Assistant Director, Department of Transportation, transmitting Executive & Political Personnel, Depart- ENROLLED BILL SIGNED a report pursuant to the Federal Vacancies ment of Defense, transmitting a report pur- Mr. Trandahl, Clerk of the House, re- Reform Act of 1998; to the Committee on suant to the Federal Vacancies Reform Act Government Reform. ported and found truly enrolled a bill of 1998; to the Committee on Government Re- 2204. A letter from the Director, Office of of the House of the following title, form. National Drug Control Policy, transmitting which was thereupon signed by the 2189. A letter from the Assistant Director, a report on the ‘‘Fiscal Year 2004 Accounting Speaker: Executive & Political Personnel, Depart- of Drug Control Funds,’’ pursuant to Public ment of Defense, transmitting a report pur- Law 105–277, section 705(d)(Div. C—Title VII); H.R. 2566. An act to provide an extension of suant to the Federal Vacancies Reform Act highway, highway safety, motor carrier safe- to the Committee on Government Reform. of 1998; to the Committee on Government Re- 2205. A letter from the Deputy Assistant ty, transit, and other programs funded out of form. Secretary for Fish, Wildlife and Parks, De- the Highway Trust Fund pending enactment 2190. A letter from the Assistant Director, partment of the Interior, transmitting the of a law reauthorizing the Transportation Executive & Political Personnel, Depart- Department’s final rule—Special Regula- Equity Act for the 21st Century. ment of Defense, transmitting a report pur- tions; Areas of the National Park System f suant to the Federal Vacancies Reform Act (RIN: 1024–AD29) received April 22, 2005, pur- of 1998; to the Committee on Government Re- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ADJOURNMENT form. mittee on Resources. Mr. BEAUPREZ. Mr. Speaker, I move 2191. A letter from the Assistant Director, 2206. A letter from the Deputy Assistant Executive & Political Personnel, Depart- Secretary for Fish, Wildlife and Parks, De- that the House do now adjourn. ment of Defense, transmitting a report pur- partment of the Interior, transmitting the The motion was agreed to. suant to the Federal Vacancies Reform Act Department’s final rule—Apostle Islands Na- The SPEAKER pro tempore. Pursu- of 1998; to the Committee on Government Re- tional Lakeshore; Designation of snowmobile ant to the previous order of the House form. and off-road motor vehicle areas, and use of today, the House stands adjourned 2192. A letter from the Assistant Director, portable ice augers or power engines. (RIN: until noon on Monday, May 30, 2005, un- Executive & Political Personnel, Depart- 1024–AD26) received April 22, 2005, pursuant ment of Defense, transmitting a report pur- to 5 U.S.C. 801(a)(1)(A); to the Committee on less it sooner has received a message Resources. from the Senate transmitting its adop- suant to the Federal Vacancies Reform Act of 1998; to the Committee on Government Re- 2207. A letter from the Deputy Assistant tion of House Concurrent Resolution form. Secretary for Fish, Wildlife and Parks, De- 167, in which case the House shall stand 2193. A letter from the Director, Office of partment of the Interior, transmitting the adjourned pursuant to that concurrent White House Liaison, Department of Edu- Department’s final rule—National Park Sys- resolution. cation, transmitting a report pursuant to tem Units in Alaska (RIN: 1024–AD13) re- ceived April 22, 2005, pursuant to 5 U.S.C. Thereupon, (at 6 o’clock and 23 min- the Federal Vacancies Reform Act of 1998; to the Committee on Government Reform. 801(a)(1)(A); to the Committee on Resources. utes p.m.), pursuant to the previous 2208. A letter from the Director, Office of 2194. A letter from the Director, Office of order of the House of today, the House Surface Mining, Department of the Interior, White House Liaison, Department of Edu- transmitting the Department’s final rule—Il- adjourned until noon on Monday, May cation, transmitting a report pursuant to linois Regulatory Program [Docket No. IL– 30, 2005, unless it sooner has received a the Federal Vacancies Reform Act of 1998; to 104–FOR] received May 16, 2005, pursuant to 5 message from the Senate transmitting the Committee on Government Reform. U.S.C. 801(a)(1)(A); to the Committee on Re- its adoption of House Concurrent Reso- 2195. A letter from the Acting Assistant sources. lution 167, in which case the House Secretary for Legislative Affairs, Depart- 2209. A letter from the Director, Office of shall stand adjourned pursuant to that ment of State, transmitting a report pursu- Surface Mining, Department of the Interior, concurrent resolution. ant to the Federal Vacancies Reform Act of transmitting the Department’s final rule— 1998; to the Committee on Government Re- Iowa Regulatory Program [Docket No. IA– f form. 014–FOR] received April 27, 2005, pursuant to 2196. A letter from the Acting Assistant EXECUTIVE COMMUNICATIONS, 5 U.S.C. 801(a)(1)(A); to the Committee on Secretary for Legislative Affairs, Depart- Resources. ETC. ment of State, transmitting a report pursu- 2210. A letter from the Assistant Secretary, Under clause 8 of rule XII, executive ant to the Federal Vacancies Reform Act of Land and Mineral Mgmt., Department of the communications were taken from the 1998; to the Committee on Government Re- Interior, transmitting the Department’s form. Speaker’s table and referred as follows: final rule—Land Use Planning [WO–350–2520– 2197. A letter from the Acting Assistant 24 1A] (RIN: 1004–AD57) received March 23, 2183. A letter from the Acting Assistant Secretary for Legislative Affairs, Depart- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Deputy Secretary, Office of Innovation and ment of State, transmitting a report pursu- Committee on Resources. Improvement, Department of Education, ant to the Federal Vacancies Reform Act of 2211. A letter from the Deputy Assistant transmitting the Department’s final rule— 1998; to the Committee on Government Re- Administrator for Regulatory Programs, Notice of Final Selection Criteria and Other form. NMFS, National Oceanic and Atmospheric Application Requirements—Teaching Amer- 2198. A letter from the Acting Assistant Administration, transmitting the Adminis- ican History—received April 25, 2005, pursu- Secretary for Legislative Affairs, Depart- tration’s final rule—Fisheries of the North- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment of State, transmitting a report pursu- eastern United States; Recordkeeping and on Education and the Workforce. ant to the Federal Vacancies Reform Act of Reporting Requirements; Regulatory 2184. A letter from the Assistant Secretary 1998; to the Committee on Government Re- Amendment to Modify Seafood Dealer Re- for Elementary and Secondary Education, form. porting Requirements [Docket No. 050216041– Department of Education, transmitting the 2199. A letter from the Acting Assistant 5105–02; I.D. 020705C] (RIN: 0648–AS87) re- Department’s final rule—Comprehensive Secretary for Legislative Affairs, Depart- ceived May 13, 2005, pursuant to 5 U.S.C. School Reform Quality Initiative—received ment of State, transmitting a report pursu- 801(a)(1)(A); to the Committee on Resources. May 5, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); ant to the Federal Vacancies Reform Act of 2212. A letter from the Acting Chief, Publi- to the Committee on Education and the 1998; to the Committee on Government Re- cations and Regulations Br., Internal Rev- Workforce. form. enue Service, transmitting the Service’s

VerDate jul 14 2003 04:02 May 27, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.139 H26PT1 H4138 CONGRESSIONAL RECORD — HOUSE May 26, 2005 final rule—Residence and Source Rules In- REPORTS OF COMMITTEES ON purposes; to the Committee on the Judici- volving U.S. Possessions and Other Con- PUBLIC BILLS AND RESOLUTIONS ary. forming Changes [TD 9194] (RIN: 1545–BE22) By Mr. COLE of Oklahoma: received April 11, 2005, pursuant to 5 U.S.C. Under clause 2 of rule XIII, reports of H.R. 2652. A bill to provide for the estab- 801(a)(1)(A); to the Committee on Ways and committees were delivered to the Clerk lishment of a memorial to the U.S.S. Okla- Means. for printing and reference to the proper homa as part of the USS Arizona Memorial 2213. A letter from the Acting Chief, Publi- calendar, as follows: in Pearl Harbor, Hawaii; to the Committee cations and Regulations Br., Internal Rev- Mr. YOUNG of Alaska: Committee on on Resources. enue Service, transmitting the Service’s Transportation and Infrastructure. H.R. 1496. By Mr. ANDREWS: final rule—Diesel fuel and kerosene excise A bill to return general aviation to Ronald H.R. 2653. A bill to ensure that dwelling tax; dye injection [TD 9199] (RIN: 1545–BE44) Reagan Washington National Airport; with units assisted under the rental housing received April 29, 2005, pursuant to 5 U.S.C. an amendment (Rept. 109–98). Referred to the voucher program under section 8 of the 801(a)(1)(A); to the Committee on Ways and Committee of the Whole House on the State United States Housing Act of 1937 comply Means. of the Union. with housing quality standards; to the Com- mittee on Financial Services. 2214. A letter from the Acting Chief, Publi- Mr. SENSENBRENNER: Committee on the Judiciary. H.R. 2293. A bill to provide special By Mr. ANDREWS: cations and Regulations Br., Internal Rev- H.R. 2654. A bill to provide for renewal of enue Service, transmitting the Service’s immigrant status for aliens serving as trans- lators with the United States Armed Forces; project-based assisted housing contracts at final rule—Appeals Settlement Guidelines: reimbursement levels that are sufficient to Maquiladora—Section 168(g)—received April with an amendment (Rept. 109–99). Referred to the Committee of the Whole House on the sustain operations, and for other purposes; to 11, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial Services. the Committee on Ways and Means. State of the Union. Mr. THOMAS: Committee on Ways and By Mr. ANDREWS: 2215. A letter from the Acting Chief, Publi- Means. House Joint Resolution 27. Resolu- H.R. 2655. A bill to establish neighborhood cations and Regulations Br., Internal Rev- tion withdrawing the approval of the United review committees to advise public housing enue Service, transmitting the Service’s States from the Agreement establishing the agencies regarding the enforcement of laws final rule—Coordinated Issue: ‘‘Notice 2002– World Trade Organization; adversely; (Rept. and regulations governing assistance pro- 65’’ Tax Shelter—received May 11, 2005, pur- 109–100). Referred to the Committee of the vided under tenant-based rental assistance suant to 5 U.S.C. 801(a)(1)(A); to the Com- Whole House on the State of the Union. programs; to the Committee on Financial mittee on Ways and Means. Services. f 2216. A letter from the Acting Chief, Publi- By Mr. ANDREWS: cations and Regulations Br., Internal Rev- PUBLIC BILLS AND RESOLUTIONS H.R. 2656. A bill to amend section 502(h) of enue Service, transmitting the Service’s the Housing Act of 1949 to improve the rural Under clause 2 of rule XII, public housing loan guarantee program, and for final rule—Coordinated Issue: ‘‘Notice 2002– bills and resolutions were introduced 50’’ Tax Shelter—received May 11, 2005, pur- other purposes; to the Committee on Finan- suant to 5 U.S.C. 801(a)(1)(A); to the Com- and severally referred, as follows: cial Services. mittee on Ways and Means. By Mr. HENSARLING (for himself and By Mr. BAIRD (for himself, Mr. MORAN of Virginia, and Mr. 2217. A letter from the Acting Chief, Publi- Mr. SAM JOHNSON of Texas): H.R. 2646. A bill to eliminate certain re- RUPPERSBERGER): cations and Regulations Br., Internal Rev- strictions on air transportation to and from H.R. 2657. A bill to provide comprehensive enue Service, transmitting the Service’s Love Field, Texas; to the Committee on reform regarding medical malpractice; to the final rule—Nonconventional Source Fuel Transportation and Infrastructure. Committee on Energy and Commerce, and in Credit, Section 29 Inflation Adjustment Fac- By Mr. NUSSLE: addition to the Committee on the Judiciary, tor, and Section 29 Reference Price [Notice H.R. 2647. A bill to amend the Internal Rev- for a period to be subsequently determined 2005–33] received April 29, 2005, pursuant to 5 enue Code of 1986 to clarify that qualified by the Speaker, in each case for consider- U.S.C. 801(a)(1)(A); to the Committee on personal service corporations may continue ation of such provisions as fall within the ju- Ways and Means. to use the cash method of accounting, and risdiction of the committee concerned. 2218. A letter from the Acting Chief, Publi- for other purposes; to the Committee on By Mr. BAKER (for himself, Mr. cations and Regulations Br., Internal Rev- Ways and Means. BERRY, Mr. BROWN of South Carolina, enue Service, transmitting the Service’s By Mr. FOSSELLA (for himself, Mr. Mrs. NORTHUP, Mr. CANNON, and Mr. final rule—Rulings and determination let- STEARNS, Mrs. MCCARTHY, Mr. WAL- DUNCAN): ters. (Rev. Proc. 2005–25) received April 11, DEN of Oregon, Mr. NEY, Mr. GOODE, H.R. 2658. A bill to amend the Federal 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. KUHL of New York, Mr. GIBBONS, Water Pollution Control Act to clarify the Committee on Ways and Means. and Mr. ENGEL): jurisdiction of the Federal Government over 2219. A letter from the Acting Chief, Publi- H.R. 2648. A bill to amend title XIX of the waters of the United States, and for other cations and Regulations Br., Internal Rev- Social Security Act to require Medicaid drug purposes; to the Committee on Transpor- enue Service, transmitting the Service’s utilization review programs to deny coverage tation and Infrastructure. final rule—Weighted Average Interest Rates of erectile dysfunction drugs for individuals By Mr. BOSWELL: Update [Notice 2005–34] received April 11, registered (or required to be registered) as H.R. 2659. A bill to provide grants to States 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the sex offenders; to the Committee on Energy to improve sex offender registries; to the Committee on Ways and Means. and Commerce. Committee on the Judiciary. 2220. A letter from the Acting Chief, Publi- By Mr. MARKEY: By Mr. OXLEY (for himself and Mr. cations and Regulations Br., Internal Rev- H.R. 2649. A bill to strengthen aviation se- FRANK of Massachusetts): H.R. 2660. A bill to amend the Bank Hold- enue Service, transmitting the Service’s curity; to the Committee on Homeland Secu- ing Company Act of 1956 to clarify that real final rule—Election for Multiemployer Plan rity, and in addition to the Committees on estate brokerage activities and real estate to Defer Net Experience Loss Charge [Notice the Judiciary, and Transportation and Infra- management activities are authorized finan- 2005–40] received May 4, 2005, pursuant to 5 structure, for a period to be subsequently de- cial activities for financial holding compa- U.S.C. 801(a)(1)(A); to the Committee on termined by the Speaker, in each case for nies and financial subsidiaries of national Ways and Means. consideration of such provisions as fall with- in the jurisdiction of the committee con- banks, and for other purposes; to the Com- 2221. A letter from the Acting Chief, Publi- cerned. mittee on Financial Services. cations and Regulations Br., Internal Rev- By Mr. NORWOOD: By Mr. BRADY of Texas: enue Service, transmitting the Service’s H.R. 2650. A bill to amend the Public H.R. 2661. A bill to amend the Deficit Re- final rule—Guidance Under Section 355(e); Health Service Act, the Employee Retire- duction Act of 1984 to clarify the Permanent Recognition of Gain on Certain Distributions ment Income Security Act of 1974, and the University Fund arbitrage exception and to of Stock or Securities in Connection with Internal Revenue Code of 1986 to protect con- increase from 20 percent to 30 percent the and Acquisition [TD 9198] (RIN: 1545–AY42) sumers in managed care plans and other amount of securities and obligations benefit- received April 20, 2005, pursuant to 5 U.S.C. health coverage; to the Committee on En- ting from the exception; to the Committee 801(a)(1)(A); to the Committee on Ways and ergy and Commerce, and in addition to the on Ways and Means. Means. Committees on Education and the Work- By Mr. CONYERS (for himself, Mr. 2222. A letter from the Acting Chief, Publi- force, and Ways and Means, for a period to be ABERCROMBIE, Mr. ACKERMAN, Mr. cations and Regulations Br., Internal Rev- subsequently determined by the Speaker, in ALLEN, Ms. BALDWIN, Ms. BERKLEY, enue Service, transmitting the Service’s each case for consideration of such provi- Mr. BERMAN, Mr. BISHOP of Georgia, final rule—Determination of Issue Price in sions as fall within the jurisdiction of the Mr. BLUMENAUER, Mr. BOSWELL, Mr. the Case of Certain Debt Instruments Issued committee concerned. BROWN of Ohio, Mrs. CAPPS, Mr. for Property (Rev. Rul. 2005–27) received By Mr. SCHIFF (for himself and Mr. CAPUANO, Mr. CARDIN, Mr. CASE, Mr. April 20, 2005, pursuant to 5 U.S.C. COBLE): CLAY, Mr. COOPER, Mr. CROWLEY, Mr. 801(a)(1)(A); to the Committee on Ways and H.R. 2651. A bill to reduce crime and ter- CUMMINGS, Mr. DAVIS of Alabama, Means. rorism at America’s seaports, and for other Mr. DAVIS of Florida, Mr. DELAHUNT,

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Ms. DELAURO, Mr. ENGEL, Ms. ESHOO, base closure and realignment recommenda- By Mr. HOLT: Mr. FARR, Mr. FATTAH, Mr. FILNER, tions made by the Secretary of Defense and H.R. 2675. A bill to suspend temporarily the Mr. FRANK of Massachusetts, Mr. to require the Defense Base Closure and Re- duty on TMC114; to the Committee on Ways GENE GREEN of Texas, Mr. GRIJALVA, alignment Commission to consider the re- and Means. Mr. GUTIERREZ, Mr. HASTINGS of Flor- port during their review of such rec- By Mr. HOLT: ida, Mr. HOLT, Mr. HONDA, Mr. ommendations; to the Committee on Armed H.R. 2676. A bill to suspend temporarily the HOYER, Mr. INSLEE, Mr. ISRAEL, Ms. Services. duty on certain chemicals and chemical mix- JACKSON-LEE of Texas, Mr. JEFFER- By Mr. FOLEY (for himself, Mr. tures; to the Committee on Ways and Means. SON, Mrs. JONES of Ohio, Mr. KEN- ENGLISH of Pennsylvania, Mr. ROYCE, By Mr. HOLT: NEDY of Rhode Island, Mr. KILDEE, Mr. RADANOVICH, Mr. DOOLITTLE, and H.R. 2677. A bill to suspend temporarily the Mr. KIND, Mr. KIRK, Mr. KOLBE, Mr. Mr. PAUL): duty on certain chemicals; to the Committee on Ways and Means. LANGEVIN, Mr. LANTOS, Mr. LARSON H.R. 2668. A bill to amend the Internal Rev- of Connecticut, Mr. LEACH, Ms. LEE, By Mr. HOLT: enue Code of 1986 to provide for the creation H.R. 2678. A bill to suspend temporarily the Mrs. LOWEY, Mr. LYNCH, Mrs. of disaster protection funds by property and duty on mixtures of (1A1B1A)-(cis and trans)- MALONEY, Mr. MATHESON, Mrs. casualty insurance companies for the pay- 1-(2-(2,4-Dichlorophenyl)- 4-propyl-1,3- MCCARTHY, Ms. MCCOLLUM of Min- ment of policyholders’ claims arising from dioxalan-2-yl)methyl)-1H-1,2,4-triazole nesota, Mr. MCDERMOTT, Mr. MCGOV- future catastrophic events; to the Com- (Propiconazole) and application adjuvants; ERN, Mr. MCNULTY, Mr. MEEHAN, Mr. mittee on Ways and Means. to the Committee on Ways and Means. MEEK of Florida, Mr. MENENDEZ, Mr. By Mr. GERLACH (for himself and Mr. By Mr. HOSTETTLER (for himself, Mr. GEORGE MILLER of California, Mr. ARR F ): WAMP, Mr. NORWOOD, Mr. JENKINS, MOORE of Kansas, Mr. NADLER, Mr. H.R. 2669. A bill to amend the Animal Wel- Mr. PAUL, Mr. DOOLITTLE, Mr. OLVER, Mr. OWENS, Mr. PALLONE, Mr. fare Act to strengthen the ability of the Sec- SODREL, Mr. WELDON of Florida, Mr. PASTOR, Mr. PAYNE, Mr. PRICE of retary of Agriculture to regulate the pet in- ALEXANDER, Mr. BACHUS, Mr. PITTS, North Carolina, Ms. ROS-LEHTINEN, dustry; to the Committee on Agriculture. Mr. INGLIS of South Carolina, Mr. Ms. ROYBAL-ALLARD, Mr. SABO, Ms. By Mr. GENE GREEN of Texas: OTTER, Mr. DUNCAN, Mr. JONES of LORETTA SANCHEZ of California, Mr. H.R. 2670. A bill to amend title 10, United North Carolina, Mr. KINGSTON, Mr. SANDERS, Ms. SCHAKOWSKY, Mr. States Code, to require the amounts reim- SMITH of Texas, Mr. BARTLETT of SCHIFF, Mr. SCOTT of Georgia, Mr. bursed to institutional providers of health Maryland, Mr. POE, and Mr. BARRETT SERRANO, Mr. SHAYS, Mr. SHERMAN, care services under the TRICARE program to of South Carolina): Mr. SIMMONS, Mr. SMITH of Wash- be the same as amounts reimbursed under H.R. 2679. A bill to amend the Revised ington, Ms. SOLIS, Mr. STARK, Mrs. Medicare, and to require the Secretary of De- Statutes of the United States to eliminate TAUSCHER, Mr. THOMPSON of Mis- fense to contract for health care services the chilling effect on the constitutionally sissippi, Mr. TIERNEY, Mr. UDALL of with at least one teaching hospital in urban protected expression of religion by State and Colorado, Mr. VAN HOLLEN, Ms. WA- areas; to the Committee on Armed Services. local officials that results from the threat TERS, Ms. WATSON, Mr. WEXLER, Ms. By Mr. GENE GREEN of Texas (for that potential litigants may seek damages WOOLSEY, and Mr. WU): and attorney’s fees; to the Committee on the H.R. 2662. A bill to provide Federal assist- himself, Ms. ROS-LEHTINEN, Mr. ance to States and local jurisdictions to PRICE of North Carolina, and Mr. Judiciary. prosecute hate crimes, and for other pur- TIBERI): By Mr. HULSHOF (for himself, Mr. poses; to the Committee on the Judiciary. H.R. 2671. A bill to provide for the expan- POMEROY, Mr. FOLEY, and Mr. SHAW): H.R. 2680. A bill to amend the Social Secu- By Ms. DELAURO (for herself, Mr. sion of Federal programs to prevent and rity Act to permit a waiver by the Secretary LARSON of Connecticut, Mr. SIMMONS, manage vision loss, and for other purposes; of Health and Human Services of the 24- Mrs. JOHNSON of Connecticut, and Mr. to the Committee on Energy and Commerce, month waiting period for Medicare coverage SHAYS): and in addition to the Committee on Ways H.R. 2663. A bill to provide a grant program and Means, for a period to be subsequently of disabled individuals who are terminally to support the establishment and operation determined by the Speaker, in each case for ill; to the Committee on Ways and Means. of Teachers Professional Development Insti- consideration of such provisions as fall with- By Mr. JEFFERSON (for himself, Mr. tutes; to the Committee on Education and in the jurisdiction of the committee con- ENGLISH of Pennsylvania, Mr. RAN- the Workforce. cerned. GEL, Mrs. JOHNSON of Connecticut, By Mr. DREIER (for himself, Mr. By Ms. HARRIS (for herself, Mr. Mr. CARDIN, Mr. FOLEY, Mr. MCDERMOTT, Mr. LEWIS of Georgia, YOUNG of Florida, Mr. REGULA, Mr. PEARCE, and Mr. SHAYS): Mr. BECERRA, Mrs. JONES of Ohio, Mr. WHITFIELD, Mr. JONES of North Caro- H.R. 2672. A bill to direct the Secretary of LARSON of Connecticut, Mr. ABER- lina, Mr. BASS, and Mrs. State and the Secretary of Homeland Secu- CROMBIE, Ms. CARSON, Mrs. NAPOLITANO): rity to establish a program to enhance the CHRISTENSEN, Mr. CLAY, Mr. CLEAV- H.R. 2664. A bill to provide a biennial budg- mutual security and safety of the United ER, Mr. CONYERS, Mr. CROWLEY, Mr. et for the United States Government; to the States, Canada, and Mexico, and for other CUMMINGS, Mr. DAVIS of Alabama, Committee on the Budget, and in addition to purposes; to the Committee on International Mr. DAVIS of Illinois, Mr. FATTAH, the Committees on Rules, and Government Relations, and in addition to the Committees Mr. FRANK of Massachusetts, Mr. Reform, for a period to be subsequently de- on Armed Services, and Homeland Security, GRIJALVA, Mr. GUTIERREZ, Mr. termined by the Speaker, in each case for for a period to be subsequently determined HASTINGS of Florida, Mr. HINOJOSA, consideration of such provisions as fall with- by the Speaker, in each case for consider- Ms. JACKSON-LEE of Texas, Ms. EDDIE in the jurisdiction of the committee con- ation of such provisions as fall within the ju- BERNICE JOHNSON of Texas, Ms. KIL- cerned. risdiction of the committee concerned. PATRICK of Michigan, Mrs. MALONEY, By Mr. ENGEL: By Mr. HEFLEY (for himself, Mr. KIL- H.R. 2665. A bill to encourage the avail- Mr. MEEKS of New York, Mr. MENEN- DEE, Mrs. DAVIS of California, Mr. ability and use of motor vehicles that have DEZ, Ms. MILLENDER-MCDONALD, Mr. UDALL of Colorado, Mr. HOLT, Mr. improved fuel efficiency, in order to reduce MILLER of North Carolina, Mr. HONDA, Mr. CUNNINGHAM, and Ms. the need to import oil into the United GEORGE MILLER of California, Mr. MCCOLLUM of Minnesota): States; to the Committee on Ways and MOORE of Kansas, Ms. MOORE of Wis- Means, and in addition to the Committees on H.R. 2673. A bill to protect diverse and consin, Mr. OWENS, Mr. PALLONE, Mr. Financial Services, and Energy and Com- structurally complex areas of the seafloor in PAYNE, Mr. PRICE of North Carolina, merce, for a period to be subsequently deter- the United States exclusive economic zone Mr. ROSS, Mr. RUSH, Mr. RYAN of mined by the Speaker, in each case for con- by establishing a maximum diameter size Ohio, Ms. LINDA T. SA´ NCHEZ of Cali- sideration of such provisions as fall within limit on rockhopper, roller, and all other fornia, Ms. LORETTA SANCHEZ of Cali- the jurisdiction of the committee concerned. groundgear used on bottom trawls, and for fornia, Mr. SERRANO, Mr. THOMPSON By Mr. ENGLISH of Pennsylvania: other purposes; to the Committee on Re- of Mississippi, Ms. WASSERMAN H.R. 2666. A bill to amend the Internal Rev- sources. SCHULTZ, Ms. WATERS, Ms. WATSON, enue Code of 1986 to modify the determina- By Mr. HOLDEN (for himself and Mr. Mr. WYNN, and Mr. CUELLAR): tion and deduction of interest on qualified POMEROY): H.R. 2681. A bill to amend the Internal Rev- education loans; to the Committee on Ways H.R. 2674. A bill to waive time limitations enue Code of 1986 to rename the low-income and Means. specified by law in order to allow the Medal housing credit the affordable housing credit By Mr. FITZPATRICK of Pennsylvania of Honor to be awarded posthumously to and to increase the per capita amount al- (for himself, Ms. HERSETH, Mr. SIM- Richard L. Etchberger of Hamburg, Pennsyl- lowed in the determination of the State MONS, and Ms. SCHWARTZ of Pennsyl- vania, for acts of valor on March 11, 1968, housing credit ceiling; to the Committee on vania): while an Air Force Chief Master Sergeant Ways and Means. H.R. 2667. A bill to require the Secretary of serving in Southeast Asia during the Viet- By Mrs. JOHNSON of Connecticut (for Homeland Security to prepare a report on nam era; to the Committee on Armed Serv- herself, Mr. POMEROY, Mr. RAMSTAD, the homeland security consequences of the ices. Ms. HERSETH, Mr. SIMMONS, Mr.

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MICHAUD, Mr. SHAYS, Mr. MARKEY, By Mr. MARKEY: lithium potassium sodium salt; to the Com- Mr. BOOZMAN, and Mr. KING of New H.R. 2689. A bill to increase the security of mittee on Ways and Means. York): radiation sources, and for other purposes; to By Mrs. MYRICK: H.R. 2682. A bill to amend the Internal Rev- the Committee on Energy and Commerce. H.R. 2700. A bill to suspend temporarily the enue Code of 1986 to allow individuals a de- By Ms. MCKINNEY: duty on 2-Naphthalenesulfonic acid, 7-[(5- duction for qualified long-term care insur- H.R. 2690. A bill to provide that a State chloro-2,6-difluoro-4-pyrimidinyl)amino]-4- ance premiums, use of such insurance under may use a proportional voting system for hydroxy-3-[(4-methoxy-2-sulfophenyl)azo]-, cafeteria plans and flexible spending ar- multiseat congressional districts, to require sodium salt; to the Committee on Ways and rangements, and a credit for individuals with the use of instant runoff voting in certain Means. long-term care needs; to the Committee on elections for Federal office, and for other By Mrs. MYRICK: Ways and Means. purposes; to the Committee on the Judici- H.R. 2701. A bill to suspend temporarily the By Mrs. JONES of Ohio (for herself, ary, and in addition to the Committee on duty on 2,7-Naphthalenedisulfonic acid, 4- Mr. TIBERI, Mr. GRIJALVA, Mr. House Administration, for a period to be sub- amino-5-hydroxy-6-[[2-methoxy-5-[[2-(sulfo- BLUMENAUER, Mr. MCINTYRE, Ms. sequently determined by the Speaker, in oxy)ethyl]sulfonyl]phenyl]azo]-3-[[4-[[2- EDDIE BERNICE JOHNSON of Texas, Mr. each case for consideration of such provi- (sulfooxy)ethyl]sulfonyl]phenyl]azo -, OWENS, Mr. KILDEE, Ms. CARSON, Ms. sions as fall within the jurisdiction of the tetrasodium salt; to the Committee on Ways SCHAKOWSKY, and Mr. BROWN of committee concerned. and Means. Ohio): By Mr. MELANCON: By Mrs. MYRICK: H.R. 2691. A bill to amend the Bipartisan H.R. 2702. A bill to suspend temporarily the H.R. 2683. A bill to increase the expertise Trade Promotion Authority Act of 2002 to re- duty on 2,7-Naphthalenedisulfonic acid, 4- and capacity of community-based organiza- quire the President to submit to the Con- amino-5-hydroxy-3,6-bis[[4-[[2- tions involved in economic development ac- gress, within 90 days after entering into a (sulfooxy)ethyl]sulfonyl]phenyl]azo]-, tetra- tivities and key community development trade agreement, the implementing legisla- sodium salt; to the Committee on Ways and programs; to the Committee on Financial tion, the statement of administrative action, Means. Services, and in addition to the Committee and supporting information, with respect to By Mrs. MYRICK: on Ways and Means, for a period to be subse- that trade agreement; to the Committee on H.R. 2703. A bill to suspend temporarily the quently determined by the Speaker, in each Ways and Means. duty on [2,2’-Bi-1H-indole]-3,3′-diol-, potas- case for consideration of such provisions as By Mr. MICHAUD: sium sodium salt; to the Committee on Ways fall within the jurisdiction of the committee H.R. 2692. A bill to extend the Acadia Na- and Means. concerned. tional Park Advisory Commission, to provide By Mrs. MYRICK: By Mrs. KELLY (for herself and Mrs. improved visitor services at the park, and for H.R. 2704. A bill to suspend temporarily the TAUSCHER): other purposes; to the Committee on Re- duty on 3-Pyridinecarbonitrile, 5-[(2-cyano-4- H.R. 2684. A bill to amend the Federal sources. nitrophenyl)azo]-2-[[2-(2- Water Pollution Control Act to authorize ap- By Mr. GEORGE MILLER of California hydroxyethoxy)ethyl] amino]-4-methyl-6- propriations for State water pollution con- (for himself and Mr. BAIRD): (phenylamino)-; to the Committee on Ways trol revolving funds, and for other purposes; H.R. 2693. A bill to amend the Great Ape and Means. to the Committee on Transportation and In- Conservation Act to reauthorize the Sec- By Mrs. MYRICK: frastructure. retary of the Interior to provide project H.R. 2705. A bill to suspend temporarily the By Mr. LARSON of Connecticut (for grants and emergency assistance to address duty on Acetic acid, cyano[3-[(6-methoxy-2- himself, Mr. GRIJALVA, and Mr. HIN- critical great ape conservation needs, and for benzothiazolyl)amino]-1H-isoindol-1-yl CHEY): other purposes; to the Committee on Re- idene]-, pentyl ester; to the Committee on H.R. 2685. A bill to provide for prescription sources. Ways and Means. drugs at reduced prices to Medicare bene- By Mr. MOORE of Kansas (for himself, By Mrs. MYRICK: ficiaries; to the Committee on Energy and Mr. RAMSTAD, Mr. TANNER, Mr. JEF- H.R. 2706. A bill to suspend temporarily the Commerce, and in addition to the Committee FERSON, Mr. ISRAEL, Mr. WEINER, Mr. duty on Benzenesulfonic acid, [(9,10-dihydro- on Ways and Means, for a period to be subse- ROTHMAN, Mr. DOGGETT, Mr. NADLER, 9,10-dioxo-1,4-anthracenediyl)bis[imino[3-(2- quently determined by the Speaker, in each Ms. MCCOLLUM of Minnesota, Mr. methylpropyl)-3,1-propanediyl]]]bis-, diso- case for consideration of such provisions as OWENS, Mr. CASE, Mr. GORDON, Mr. dium salt; to the Committee on Ways and fall within the jurisdiction of the committee MATHESON, Mr. FORD, Mr. MICHAUD, Means. concerned. and Ms. WOOLSEY): By Mrs. MYRICK: By Mr. LOBIONDO (for himself, Mrs. H.R. 2694. A bill to require full funding of H.R. 2707. A bill to suspend temporarily the DAVIS of California, and Mr. SAXTON): part A of title I of the Elementary and Sec- duty on Acetic acid, [4-(2,6-dihydro-2,6-dioxo- H.R. 2686. A bill to amend the Federal ondary Education Act of 1965, as amended by 7-phenylbenzo[1,2-b:4,5-b’]difuran -3- Water Pollution Control Act to authorize ap- the No Child Left Behind Act of 2001; to the yl)phenoxy]-, 2-ethoxyethyl ester; to the propriations for grants for coastal recreation Committee on Education and the Workforce. Committee on Ways and Means. water quality monitoring and notification By Ms. MOORE of Wisconsin (for her- By Mrs. MYRICK: H.R. 2708. A bill to suspend temporarily the programs; to the Committee on Transpor- self and Ms. HARRIS): duty on Benzo[1,2-b:4,5-b′]difuran-2,6-dione, 3- tation and Infrastructure. H.R. 2695. A bill to amend the McKinney- phenyl-7-(4-propoxyphenyl)-; to the Com- By Ms. ZOE LOFGREN of California Vento Homeless Assistance Act to protect the personally identifying information of mittee on Ways and Means. (for herself, Mr. SMITH of New Jersey, victims of domestic violence, dating vio- By Mrs. MYRICK: Mr. HONDA, Mr. TOM DAVIS of Vir- lence, sexual assault, and stalking; to the H.R. 2709. A bill to suspend temporarily the ginia, Ms. WOOLSEY, Ms. LORETTA Committee on Financial Services. duty on Ethanesulfonic acid, 2-[[[2,5- SANCHEZ of California, Ms. JACKSON- By Mrs. MYRICK: dichloro-4-[(2-methyl-1H-indol-3- LEE of Texas, Mr. LEWIS of Georgia, H.R. 2696. A bill to suspend temporarily the yl)azo]phenyl]sulfonyl]amino]-, monosodium Mr. GRIJALVA, Mr. FARR, Mr. duty on 9,10-Anthracenedione, 1,8-dihydroxy- salt; to the Committee on Ways and Means. DELAHUNT, Mr. MCDERMOTT, Mr. 4-nitro-5-(phenylamino)-; to the Committee By Mrs. MYRICK: GUTIERREZ, Mr. MORAN of Virginia, on Ways and Means. H.R. 2710. A bill to suspend temporarily the Mr. EMANUEL, Ms. SLAUGHTER, Ms. By Mrs. MYRICK: duty on 2,7-Naphthalenedisulfonic acid, 5-[[4- MILLENDER-MCDONALD, Ms. MCCOL- H.R. 2697. A bill to suspend temporarily the chloro-6-[(3-sulfophenyl)amino]-1,3,5-triazin- LUM of Minnesota, Mr. FRANK of Mas- duty on Chromate(2-), [2,4-dihydro-4-[[2-(hy- 2-yl]amino] -4-hydroxy-3- [[4-[[2- sachusetts, and Mr. ABERCROMBIE): droxy-kO)-4-nitrophenyl]azo-kN1]-5-met hyl- (sulfooxy)ethyl]sulfonyl]phenyl]azo],sodium H.R. 2687. A bill to amend the Immigration 3H-pyrazol-3-onato(2-)-kO3][3-[[4,5-dihydro-3- salt; to the Committee on Ways and Means. and Nationality Act to provide for the auto- methyl-1-(4-methylphenyl)-5-(oxo-kO)-1H- By Mrs. MYRICK: matic acquisition of citizenship by certain pyrazol-4-yl]azo-kN1]-4-(hydro xy-kO)-5- H.R. 2711. A bill to suspend temporarily the Amerasians; to the Committee on the Judici- nitrobenzenesulfonato(3-)]-, disodium; to the duty on 1,3,6-Naphthalenetrisulfonic acid, 7- ary. Committee on Ways and Means. [[2-[(aminocarbonyl)amino]-4-[[4-[4-[2-[[4-[[3- By Mrs. LOWEY (for herself, Mr. By Mrs. MYRICK: [(aminocarb onyl)amino]-4-[(3,6,8-trisulfo-2- THOMPSON of Mississippi, Ms. LORET- H.R. 2698. A bill to suspend temporarily the naphthalenyl)azo]phenyl]amio] -6-chloro- TA SANCHEZ of California, Mr. AN- duty on 9,10-Anthracenedione, 1,8- 1,3,5-triazin-2-yl]amino]ethyl]-1-piperazinyl]- DREWS, and Mr. MCNULTY): bis(phenylthio)-; to the Committee on Ways - chloro-1,3,5-triazin-2-yl]amino]phenyl]azo]-, H.R. 2688. A bill to amend title 49, United and Means. lithium potassium sodium salt)-; to the Com- States Code, to establish a deadline for the By Mrs. MYRICK: mittee on Ways and Means. screening of all individuals, goods, property, H.R. 2699. A bill to suspend temporarily the By Mrs. MYRICK: vehicles, and other equipment entering a se- duty on 2,7-Naphthalenedisulfonic acid, 4- H.R. 2712. A bill to suspend temporarily the cure area of an airport, and for other pur- amino-3,6-bis[[5-[[4-chloro-6-[methyl[2-(meth- duty on 9,10-Anthracenedione, 1,8-dihydroxy- poses; to the Committee on Homeland Secu- ylamino)-2-oxoethyl]amino]-1,3,5-triazin-2- 4-nitro-5-(phenylamino)-; to the Committee rity. yl]amino]-2-sulfophenyl]azo]-5 -hydroxy-, on Ways and Means.

VerDate jul 14 2003 05:36 May 27, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\L26MY7.100 H26PT1 May 26, 2005 CONGRESSIONAL RECORD — HOUSE H4141 By Mrs. MYRICK: to control salt cedar and Russian olive, and care providers against legal liability for pro- H.R. 2713. A bill to suspend temporarily the for other purposes; to the Committee on Re- viding emergency and related care to unin- duty on 2-Anthracenesulfonic acid, 4-[[3- sources, and in addition to the Committee on sured individuals; to the Committee on En- (acetylamino)phenyl]amino]-1-amino-9,10- Agriculture, for a period to be subsequently ergy and Commerce. dihydro-9,10-d ioxo-, monosodium salt; to the determined by the Speaker, in each case for By Mr. SHADEGG (for himself, Mr. Committee on Ways and Means. consideration of such provisions as fall with- SHERMAN, Mr. KING of New York, Mr. By Mrs. MYRICK: in the jurisdiction of the committee con- PASTOR, Mr. BURTON of Indiana, Mr. H.R. 2714. A bill to suspend temporarily the cerned. RENZI, Mr. MILLER of Florida, Mr. duty on Acetic acid, [4-[2,6-dihydro-2,6-dioxo- By Mr. PETERSON of Pennsylvania CANNON, Mr. PALLONE, Mr. ENGEL, 7-(4-propoxyphenyl)benzo[1,2-b:4,5 -b′]difuran- (for himself, Mr. HOLDEN, Mr. SHU- Mr. CROWLEY, Mr. GORDON, Mr. KEN- 3-yl]phenoxy]-, 2-ethoxyethyl ester; to the STER, Mr. PLATTS, Mr. GERLACH, Mr. NEDY of Rhode Island, Ms. BERKLEY, Committee on Ways and Means. ENGLISH of Pennsylvania, Ms. HART, Mr. MCNULTY, Mrs. MALONEY, Mr. By Mr. NADLER (for himself and Mr. Mr. KANJORSKI, Mr. SHERWOOD, Mr. WAXMAN, and Ms. SCHAKOWSKY): FLAKE): DAVIS of Tennessee, Mr. REGULA, Mr. H.R. 2730. A bill to establish a grant pro- H.R. 2715. A bill to establish reasonable WAMP, Mr. RUPPERSBERGER, Mrs. gram to fund eligible joint ventures between procedural protections for the use of na- BLACKBURN, Mr. FORD, Mr. GORDON, United States and Israeli businesses and aca- tional security letters, and for other pur- and Ms. SCHWARTZ of Pennsylvania): demic persons, to establish the International poses; to the Committee on the Judiciary, H.R. 2721. A bill to amend the Surface Min- Energy Advisory Board, and for other pur- and in addition to the Committee on Finan- ing Control and Reclamation Act of 1977 to poses; to the Committee on Energy and Com- cial Services, for a period to be subsequently reauthorize collection of reclamation fees, merce. determined by the Speaker, in each case for revise the abandoned mine reclamation pro- By Mr. SHADEGG: consideration of such provisions as fall with- gram, promote remining, authorize the Of- H.R. 2731. A bill to limit the liability of in the jurisdiction of the committee con- fice of Surface Mining to collect the black hospitals and emergency departments for cerned. lung excise tax, and make sundry other noneconomic and punitive damages when By Mr. OLVER (for himself, Mr. BOEH- changes; to the Committee on Resources. providing uncompensated care, and for other LERT, Mrs. CAPPS, Mr. LATOURETTE, By Mr. PLATTS (for himself, Mr. purposes; to the Committee on the Judici- Mr. TOWNS, Mrs. JOHNSON of Con- HOLDEN, and Mr. SHERWOOD): ary. necticut, Mr. WAXMAN, Mrs. KELLY, H.R. 2722. A bill to authorize the Secretary By Mr. SHADEGG: Ms. HERSETH, Mr. ENGLISH of Penn- of the Interior to study the suitability and H.R. 2732. A bill to amend the Internal Rev- enue Code of 1986 to allow individuals a re- sylvania, Mr. MARKEY, and Mr. feasibility of designating Camp Security, lo- fundable and advanceable credit against in- PLATTS): cated in Springettsbury, York County, Penn- H.R. 2716. A bill to amend title XIX of the sylvania, as a unit of the National Park Sys- come tax for health insurance costs; to the Social Security Act to improve access to ad- tem; to the Committee on Resources. Committee on Ways and Means. vanced practice nurses and physician assist- By Mr. RANGEL: By Ms. SLAUGHTER: ants under the Medicaid Program; to the H.R. 2723. A bill to provide for the common H.R. 2733. A bill to prohibit the closure or Committee on Energy and Commerce. defense by requiring that all young persons adverse realignment of facilities of the re- serve components that the Secretary of By Mr. OSBORNE (for himself and Mr. in the United States, including women, per- form a period of military service or a period Homeland Security determines have a sig- MCGOVERN): H.R. 2717. A bill to reduce hunger in the of civilian service in furtherance of the na- nificant role in homeland defense; to the United States by half by 2010, and for other tional defense and homeland security, and Committee on Armed Services. purposes; to the Committee on Agriculture. for other purposes; to the Committee on By Mr. SMITH of New Jersey: H.R. 2734. A bill to amend title 38, United By Mr. OTTER: Armed Services. H.R. 2718. A bill to authorize the exchange By Mr. RANGEL: States Code, to enhance the authority of the of certain Federal land within the State of H.R. 2724. A bill to establish a national Ci- Department of Veterans Affairs to recover from third parties costs of medical care fur- Idaho, and for other purposes; to the Com- vilian Volunteer Service Reserve program, a nished to veterans and other persons by the mittee on Resources. national volunteer service corps ready for Department; to the Committee on Veterans’ By Mr. PALLONE (for himself, Mr. service in response to domestic or inter- national emergencies; to the Committee on Affairs. SHAYS, Ms. MILLENDER-MCDONALD, Transportation and Infrastructure. By Mr. SMITH of New Jersey (for him- Mr. OLVER, Mr. GEORGE MILLER of By Mr. REGULA (for himself, Mr. DIN- self, Mr. FITZPATRICK of Pennsyl- California, Mr. VAN HOLLEN, Mr. GELL, Mr. HYDE, Mr. HALL, Mr. LAN- vania, and Mr. MURPHY): MARKEY, Mr. FARR, Mr. SERRANO, Mr. TOS, Mr. WELDON of Pennsylvania, H.R. 2735. A bill to amend title 38, United GUTIERREZ, Mr. KILDEE, Mr. DEFAZIO, Mr. BAKER, Mr. MCCRERY, Mr. JEF- States Code, to provide an enhanced funding Mrs. JONES of Ohio, Mr. ANDREWS, FERSON, Mr. WICKER, Mr. ALEXANDER, process to ensure an adequate level of fund- Ms. LEE, Mr. HOLT, Mr. WAXMAN, Ms. Mr. BOUSTANY, Mr. JINDAL, and Mr. ing for veterans health care programs of the BALDWIN, Ms. SCHAKOWSKY, Mr. MELANCON): Department of Veterans Affairs, to establish OWENS, Mr. MCDERMOTT, Mr. MCGOV- H.R. 2725. A bill to direct the Secretary of standards of access to care for veterans seek- ERN, Mr. CASE, Mr. FRANK of Massa- Defense to make a grant to the National D- ing health care from the Department of Vet- chusetts, Mr. BERMAN, Mr. FILNER, Day Museum Foundation for facilities and erans Affairs, and for other purposes; to the Mr. HONDA, Ms. WOOLSEY, Mr. KEN- programs of America’s National World War Committee on Veterans’ Affairs. NEDY of Rhode Island, Mr. SANDERS, II Museum; to the Committee on Armed By Mr. STARK (for himself, Mr. LEACH, Mr. KUCINICH, Mr. LEWIS of Georgia, Services. Mr. WEXLER, Mr. WAXMAN, Mr. HIN- Mr. CUMMINGS, Ms. DELAURO, Mr. By Mr. SESSIONS: CHEY, Mr. MCNULTY, Ms. BORDALLO, SPRATT, Mr. LANGEVIN, Mr. ALLEN, H.R. 2726. A bill to prohibit municipal gov- Mr. ABERCROMBIE, and Mr. KILDEE): Mr. BROWN of Ohio, Ms. SLAUGHTER, ernments from offering telecommunications, H.R. 2736. A bill to amend title XVIII of the Ms. ESHOO, Mr. SMITH of Washington, information, or cable services except to rem- Social Security Act to permit direct pay- Ms. MCCOLLUM of Minnesota, Mr. edy market failures by private enterprise to ment under the Medicare Program for clin- WEXLER, Mr. STARK, Mr. GILCHREST, provide such services; to the Committee on ical social worker services provided to resi- Mrs. JOHNSON of Connecticut, Mr. Energy and Commerce. dents of skilled nursing facilities; to the MCHUGH, Mr. MENENDEZ, Mr. By Mr. SESSIONS (for himself, Mrs. Committee on Ways and Means, and in addi- GRIJALVA, Mr. HINCHEY, Mr. NEAL of DAVIS of California, Mrs. tion to the Committee on Energy and Com- Massachusetts, Mr. PAYNE, Mr. CHRISTENSEN, Mr. SANDERS, and Ms. merce, for a period to be subsequently deter- BLUMENAUER, Mrs. CAPPS, and Mr. SCHAKOWSKY): mined by the Speaker, in each case for con- MILLER of North Carolina): H.R. 2727. A bill to amend the Public sideration of such provisions as fall within H.R. 2719. A bill to amend the Federal Health Service Act to provide for edu- the jurisdiction of the committee concerned. Water Pollution Control Act to clarify that cational activities and research with respect By Mr. STRICKLAND (for himself, Mr. fill material cannot be comprised of waste; to women’s pelvic floor health through the SERRANO, Mr. WAXMAN, Mr. HOLDEN, to the Committee on Transportation and In- Centers for Disease Control and Prevention Mr. HASTINGS of Florida, Mr. BROWN frastructure. and the National Institutes of Health; to the of Ohio, Mrs. CHRISTENSEN, Mr. By Mr. PEARCE (for himself, Mr. Committee on Energy and Commerce. PAYNE, Mr. MCDERMOTT, and Mr. OSBORNE, Mr. BONILLA, Mr. CONAWAY, By Mr. SHADEGG: GRIJALVA): Mr. HUNTER, Mr. SALAZAR, Mr. UDALL H.R. 2728. A bill to amend the Public H.R. 2737. A bill to amend the Public of Colorado, and Mrs. CUBIN): Health Service Act to expand health care ac- Health Service Act to establish an Office of H.R. 2720. A bill to further the purposes of cess and choice of coverage through Indi- Correctional Public Health; to the Com- the Reclamation Projects Authorization and vidual Membership Associations (IMAs); to mittee on Energy and Commerce. Adjustment Act of 1992 by directing the Sec- the Committee on Energy and Commerce. By Mr. STUPAK: retary of the Interior, acting through the By Mr. SHADEGG: H.R. 2738. A bill to amend the Railroad Re- Commissioner of Reclamation, to carry out H.R. 2729. A bill to amend the Public tirement Act of 1974 to provide that a cur- an assessment and demonstration program Health Service Act to protect certain health rent connection is not lost by an individual

VerDate jul 14 2003 04:02 May 27, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\L26MY7.100 H26PT1 H4142 CONGRESSIONAL RECORD — HOUSE May 26, 2005 who is misled or not properly informed by H. Con. Res. 168. Concurrent resolution to lower the burden of gasoline prices on the the Railroad Retirement Board of the re- condemning the Democratic People’s Repub- economy of the United States, prevent Mem- quirement for, and the circumstances result- lic of Korea for the abductions and continued bers of the Organization of Petroleum Ex- ing in the loss of, a current connection; to captivity of citizens of the Republic of Korea porting Countries from reaping windfall the Committee on Transportation and Infra- and Japan as acts of terrorism and gross vio- profits on sales of oil to the United States, structure. lations of human rights; to the Committee and for other purposes; to the Committee on By Mr. TIERNEY (for himself, Ms. on International Relations. Energy and Commerce, and in addition to MCCOLLUM of Minnesota, Mr. GEORGE By Mr. BISHOP of New York (for him- the Committees on International Relations, MILLER of California, Mr. KILDEE, Mr. self and Mr. JONES of North Caro- and the Judiciary, for a period to be subse- EMANUEL, Mr. BISHOP of New York, lina): quently determined by the Speaker, in each Mr. PAYNE, Ms. WOOLSEY, Mrs. H. Con. Res. 169. Concurrent resolution rec- case for consideration of such provisions as MCCARTHY, Mr. WU, Mr. DAVIS of Illi- ognizing the families of the members of the fall within the jurisdiction of the committee nois, Mr. GRIJALVA, Mr. MEEHAN, Mr. Armed Forces for their contributions and concerned. BECERRA, Mr. REYES, Mr. GONZALEZ, sacrifices to the United States; to the Com- By Mr. WILSON of South Carolina (for ´ Ms. LINDA T. SANCHEZ of California, mittee on Armed Services. himself, Mr. SPRATT, Mr. CLYBURN, Mr. MCGOVERN, Ms. DELAURO, Mr. By Mr. EVANS: Mr. BROWN of South Carolina, Mr. OWENS, Mr. HINOJOSA, Mr. KUCINICH, H. Con. Res. 170. Concurrent resolution BARRETT of South Carolina, and Mr. Mr. HOLT, Mr. CASE, Mr. VAN HOLLEN, supporting the goals and ideals of National INGLIS of South Carolina): Mr. ORTIZ, Mr. GUTIERREZ, Mr. Purple Heart Recognition Day; to the Com- H. Res. 300. A resolution recognizing the CARDOZA, Mrs. JONES of Ohio, Ms. mittee on Armed Services. South Carolina Farm Bureau Mutual Insur- BALDWIN, Mr. WEXLER, Mr. BARROW, By Mr. ISRAEL: ance Company on the occasion of its 50th an- H. Con. Res. 171. Concurrent resolution Mr. JEFFERSON, Mr. RYAN of Ohio, niversary and saluting the outstanding serv- ´ commending individuals that have partici- Ms. SOLIS, Ms. VELAZQUEZ, and Ms. ice of the Company to the people of South pated in volunteer programs that repair the SCHAKOWSKY): Carolina; to the Committee on Financial H.R. 2739. A bill to address rising college homes of families of deployed members of Services. tuition by strengthening the compact be- the Armed Forces, and in particular those of By Mr. BISHOP of New York (for him- tween the States, the Federal Government, the National Guard and Reserves; to the self, Mr. KING of New York, Mr. and institutions of higher education to make Committee on Armed Services. ISRAEL, Mr. WELDON of Pennsylvania, college more affordable; to the Committee By Ms. MCCOLLUM of Minnesota (for Mrs. MCCARTHY, Mr. ACKERMAN, Mr. on Education and the Workforce. herself, Mr. LEACH, Mr. SHAYS, Ms. HIGGINS, and Mr. ANDREWS): By Mr. WYNN: CARSON, Mr. OBERSTAR, Mr. CROWLEY, H. Res. 301. A resolution recognizing career H.R. 2740. A bill to amend title 31, United Mr. OLVER, Ms. WATSON, Mr. and volunteer Emergency Medical Techni- States Code, to require the provision of a SERRANO, Mrs. DAVIS of California, cians and Paramedics for their bravery and written prompt payment policy to each sub- Mr. KIND, Mr. MARKEY, Mr. JACKSON critically important life-saving responsibil- contractor under a Federal contract and to of Illinois, Ms. EDDIE BERNICE JOHN- ities in responding to crises and safeguarding require a clause in each subcontract under a SON of Texas, Ms. LEE, Mr. SABO, Mr. the public; to the Committee on Energy and Federal contract that outlines the provisions GEORGE MILLER of California, Mr. of the prompt payment statute and other re- Commerce. BROWN of Ohio, Mrs. CHRISTENSEN, lated information; to the Committee on Gov- By Mr. POMBO (for himself, Mr. PICK- Mr. CASE, Ms. DELAURO, Mr. FARR, ernment Reform. ERING, Mr. JINDAL, Mr. JONES of Ms. BALDWIN, Mr. BLUMENAUER, Mr. By Mr. WYNN: North Carolina, Ms. BORDALLO, Mr. LYNCH, Mr. FATTAH, Mr. HONDA, Mrs. H.R. 2741. A bill to amend the Small Busi- DUNCAN, Mr. RADANOVICH, Mrs. MALONEY, Mrs. CAPPS, Mr. MEEKS of ness Act to provide a penalty for the failure CHRISTENSEN, Mr. UDALL of Colorado, New York, Mr. MCGOVERN, and Mr. by a Federal contractor to subcontract with Mr. FERGUSON, Mr. GARY G. MILLER PAYNE): small businesses as described in its subcon- of California, Mr. FITZPATRICK of H. Con. Res. 172. Concurrent resolution af- tracting plan, and for other purposes; to the Pennsylvania, Mr. KUHL of New York, firming the commitment and leadership of Committee on Small Business. Mr. CANNON, Mr. CASTLE, Mr. DOO- the United States to improve the lives of the By Mr. WYNN: LITTLE, Ms. HERSETH, Mr. SOUDER, world’s 1.3 billion people living in extreme H.R. 2742. A bill to amend the Small Busi- Mr. GOHMERT, Mr. ROGERS of Michi- poverty and conditions of misery; to the ness Act to increase the minimum Govern- gan, Mr. WALDEN of Oregon, Mr. ISSA, Committee on International Relations. ment-wide goal for procurement contracts Mr. CASE, Mr. CALVERT, Mr. DAVIS of By Mr. PALLONE (for himself, Ms. awarded to small business concerns; to the Tennessee, Mr. MCCAUL of Texas, Mr. PRYCE of Ohio, Ms. HART, Mr. HOLT, Committee on Small Business. TANNER, Mr. KIND, Mr. GRAVES, Mr. Mr. MENENDEZ, Mr. FALEOMAVAEGA, By Mr. LANTOS (for himself, Mr. WILSON of South Carolina, Mr. SIMP- Mr. BRADY of Pennsylvania, Mr. THOMAS, Mr. KING of New York, Mr. SON, Mr. RYAN of Ohio, and Mr. ALEX- BISHOP of Georgia, Mr. CASE, Mr. BERMAN, Mr. SMITH of New Jersey, ANDER): KIND, Mr. WYNN, Mr. SKELTON, Mrs. Mr. ACKERMAN, Mr. BURTON of Indi- H. Res. 302. A resolution recognizing and MCCARTHY, Mr. SPRATT, Mr. CHAN- ana, Ms. PELOSI, Ms. ROS-LEHTINEN, commending the continuing dedication and DLER, Ms. CARSON, Mr. MCDERMOTT, Mr. FALEOMAVAEGA, Mr. ROHR- commitment of employers of the members of Mr. VAN HOLLEN, Mr. TANNER, Mr. ABACHER, Mr. MENENDEZ, Mr. the National Guard and the other reserve MORAN of Virginia, Mr. KUCINICH, TANCREDO, Mr. BROWN of Ohio, Mr. components who have been mobilized during Mrs. JONES of Ohio, Mr. COSTELLO, PITTS, Mr. SHERMAN, Mr. WELLER, the Global War on Terrorism and in defense Mr. BROWN of Ohio, Mr. CONYERS, Mr. Mr. WEXLER, Mr. PENCE, Mr. ENGEL, of the United States; to the Committee on SERRANO, Ms. JACKSON-LEE of Texas, Mr. WOLF, Mr. DELAHUNT, Mr. POE, Education and the Workforce, and in addi- Ms. EDDIE BERNICE JOHNSON of Texas, Ms. LEE, Mr. SOUDER, Mr. CROWLEY, tion to the Committee on Armed Services, Ms. BORDALLO, Mr. GRIJALVA, Mr. Mr. KIRK, Mr. BLUMENAUER, Ms. WAT- for a period to be subsequently determined DAVIS of Florida, Mr. SCOTT of Geor- SON, Ms. MCCOLLUM of Minnesota, by the Speaker, in each case for consider- gia, Mr. WEXLER, Ms. CORRINE BROWN Mr. EVANS, Mr. FRANK of Massachu- ation of such provisions as fall within the ju- of Florida, Mr. SANDERS, Mr. GIB- setts, Ms. DELAURO, Mr. UDALL of risdiction of the committee concerned. New Mexico, Mr. GUTIERREZ, Mr. BONS, Mr. WILSON of South Carolina, KUCINICH, Mr. DEFAZIO, Mr. SNYDER, Mr. PORTER, Mr. TURNER, Mr. JONES f of North Carolina, Mrs. NORTHUP, Mr. Mr. MCGOVERN, Mrs. MALONEY, Mr. PRIVATE BILLS AND GRIJALVA, Mr. ABERCROMBIE, and Mr. BURTON of Indiana, Mr. ALEXANDER, STARK): Mr. GOODE, Mr. KENNEDY of Min- RESOLUTIONS H.J. Res. 52. A joint resolution approving nesota, Mr. GOODLATTE, Mr. BART- Under clause 3 of rule XII, the renewal of import restrictions contained LETT of Maryland, Mr. GREEN of Wis- Mr. CUELLAR introduced a bill (H.R. 2743) in the Burmese Freedom and Democracy Act consin, Mrs. MYRICK, Mr. FOSSELLA, for the relief of Aida Abigail Trevino de of 2003; to the Committee on Ways and Mr. SHIMKUS, Mr. PLATTS, Mr. SES- Zamarron; which was referred to the Com- Means. SIONS, Ms. HARRIS, Mr. HERGER, and mittee on the Judiciary. By Mr. PRICE of Georgia: Mr. KING of New York): H. Con. Res. 167. Concurrent resolution H. Con. Res. 173. Concurrent resolution ex- f providing for a conditional adjournment of pressing support for the goals of Veterans the House of Representatives and a condi- Educate Today’s Students (VETS) Day, and ADDITIONAL SPONSORS tional recess or adjournment of the Senate; for other purposes; to the Committee on Vet- Under clause 7 of rule XII, sponsors considered and agreed to. erans’ Affairs. were added to public bills and resolu- By Mr. HYDE (for himself, Mr. CHABOT, By Mr. BISHOP of New York: Mr. SHIMKUS, Mr. ROHRABACHER, Mr. H. Res. 299. A resolution expressing the tions as follows: PITTS, Mr. LYNCH, and Mr. FRANK of sense of the House that the President should H.R. 11: Mr. BOUSTANY, Mr. ORTIZ, Mr. Massachusetts): take immediate action to initiate measures REYES, and Ms. JACKSON-LEE of Texas.

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H.R. 22: Mr. DELAHUNT. H.R. 916: Mr. CLAY and Mr. WEXLER. H.R. 1632: Mr. LANTOS, Mr. PALLONE, and H.R. 36: Mr. GREEN of Wisconsin. H.R. 920: Mr. DICKS. Mr. HOLDEN. H.R. 66: Mr. BARRETT of South Carolina. H.R. 994: Mrs. MYRICK, Mr. DELAHUNT, Mr. H.R. 1634: Mr. GEORGE MILLER of Cali- H.R. 111: Mr. CARNAHAN and Mr. KENNEDY SODREL, Mr. COOPER, Mr. BISHOP of Utah, Mr. fornia, Mr. DENT, and Mr. JOHNSON of Illi- of Rhode Island. BERRY, Mr. TIERNEY, Mr. RYUN of Kansas, nois. H.R. 115: Mr. MILLER of North Carolina. and Mr. SIMPSON. H.R. 1642: Mr. CARDOZA. H.R. 128: Mr. PASCRELL. H.R. 997: Mr. GILCHREST and Mr. PUTNAM. H.R. 1649: Ms. JACKSON-LEE of Texas. H.R. 131: Mr. SMITH of Washington. H.R. 1000: Ms. BORDALLO, Mr. WYNN, and H.R. 1663: Mr. COSTA and Mr. UDALL of New H.R. 192: Mr. BACA, Mr. BECERRA, Mr. Mr. MCHUGH. Mexico. BRADY of Pennsylvania, Mr. CARDOZA, Mr. H.R. 1010: Mr. WELLER. H.R. 1671: Mr. PLATTS. COSTA, Mr. CUELLAR, Mr. DOGGETT, Mr. GON- H.R. 1063: Mr. MCINTYRE. H.R. 1682: Mrs. JONES of Ohio. ZALEZ, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. H.R. 1071: Mr. COSTA. H.R. 1689: Mr. PLATTS, Mr. MCCOTTER, Mr. HINOJOSA, Mr. PAYNE, Mr. SALAZAR, Mr. H.R. 1126: Ms. JACKSON-LEE of Texas and PUTNAM, and Mr. GERLACH. SERRANO, and Ms. VELA´ ZQUEZ. Mr. NEAL of Massachusetts. H.R. 1696: Mr. REYES and Mr. LEWIS of H.R. 195: Mr. MILLER of Florida. H.R. 1131: Mr. ROTHMAN, Mr. PASCRELL, Ms. Georgia. H.R. 215: Mr. CLAY. SCHWARTZ of Pennsylvania, and Mr. SHAYS. H.R. 1707: Ms. WOOLSEY. H.R. 224: Mr. INSLEE. H.R. 1133: Ms. WASSERMAN SCHULTZ, Mr. H.R. 1709: Mr. DAVIS of Florida, Mr. UDALL H.R. 226: Mr. BARTLETT of Maryland and FALEOMAVAEGA, and Mr. PRICE of North of Colorado, Mr. DICKS, Mr. ABERCROMBIE, Mr. RUPPERSBERGER. Carolina. Mr. STARK, Mr. SABO, Ms. WATSON, Mr. AL H.R. 277: Mrs. MCCARTHY. H.R. 1156: Ms. BERKLEY. GREEN of Texas, and Mr. GUTIERREZ. H.R. 282: Mr. MANZULLO and Mr. LEVIN. H.R. 1175: Mr. ROTHMAN. H.R. 1736: Mr. HOLT, Mr. MCCAUL of Texas, H.R. 292: Mr. SHADEGG. H.R. 1177: Mr. PLATTS. and Ms. HARMAN. H.R. 302: Mr. BISHOP of Georgia, Ms. MAT- H.R. 1208: Mr. JACKSON of Illinois and Mr. H.R. 1745: Mr. BRADY of Pennsylvania and SUI, and Mrs. MCCARTHY. SKELTON. Mrs. JONES of Ohio. H.R. 303: Mr. ROGERS of Kentucky, Ms. H.R. 1227: Mr. MORAN of Virginia. H.R. 1748: Mr. BARRETT of South Carolina DELAURO, Mrs. JONES of Ohio, and Mr. H.R. 1233: Mr. LANTOS and Mr. Price of and Ms. JACKSON-LEE of Texas. CLEAVER. North Carolina. H.R. 1749: Mr. ROSS, Mr. COSTA, and Ms. H.R. 305: Mr. TANCREDO and Mr. UDALL of H.R. 1241: Mrs. MILLER of Michigan. JACKSON-LEE of Texas. Colorado. H.R. 1243: Mr. SHUSTER, Mr. HAYWORTH, Mr. H.R. 1790: Mr. NEUGEBAUER. H.R. 328: Mr. MURTHA and Mr. TAYLOR of KUHL of New York, Mr. PUTNAM, Mr. BISHOP H.R. 1791: Mr. DAVIS of Tennessee. North Carolina. of Georgia, and Mr. KELLER. H.R. 1804: Mr. SHAW, Mrs. MUSGRAVE, Mrs. H.R. 376: Ms. EDDIE BERNICE JOHNSON of H.R. 1246: Mr. CUMMINGS. MYRICK, and Mr. NEY. Texas. H.R. 1262: Mr. TIERNEY. H.R. 1835: Mr. LARSEN of Washington, Mr. H.R. 414: Mr. CAPUANO, Mr. ORTIZ, Mr. H.R. 1305: Mr. HIGGINS. MCDERMOTT, Mrs. CAPPS, Mr. SCHIFF, Ms. KNOLLENBERG, Ms. HOOLEY, Mr. CUMMINGS, H.R. 1306: Mr. NUSSLE. WOOLSEY, and Mr. PAYNE. Mr. RAMSTAD, Mr. PALLONE, Mr. BOREN, and H.R. 1312: Mr. WYNN. H.R. 1849: Mr. FRANK of Massachusetts, Mr. Mr. GREEN of Wisconsin. H.R. 1316: Mr. MARCHANT and Mr. GOHMERT. LOBIONDO, Mr. MICHAUD, Mr. BOYD, Mr. H.R. 415: Mr. TOWNS, Ms. HERSETH, Mr. H.R. 1333: Mr. WELLER, Mr. CHOCOLA, Mrs. PASCRELL, Mr. DELAHUNT, Mr. GRIJALVA, and CUMMINGS, and Ms. MCCOLLUM of Minnesota. MCCARTHY, Ms. MCCOLLUM of Minnesota, Mr. Mr. ETHERIDGE. H.R. 420: Mr. BACHUS and Mr. PUTNAM. SANDERS, Mr. CLAY, Mr. JENKINS, Mr. JONES H.R. 1851: Mr. COSTA. H.R. 421: Mr. RUPPERSBERGER. of North Carolina, and Mr. BARROW. H.R. 1862: Mr. SHAYS. H.R. 463: Mr. MCGOVERN. H.R. 1335: Mr. ABERCROMBIE and Mr. PAS- H.R. 1898: Mr. KING of Iowa and Mrs. H.R. 469: Mr. GRIJALVA. TOR. BLACKBURN. H.R. 500: Mr. HEFLEY. H.R. 1357: Mr. MURPHY. H.R. 1946: Ms. WOOLSEY and Mr. LANTOS. H.R. 503: Mr. PRICE of North Carolina and H.R. 1358: Mr. MCINTYRE and Mr. BISHOP of H.R. 1956: Mr. BARRETT of South Carolina. Mrs. TAUSCHER. Georgia. H.R. 1957: Mr. MARCHANT, Ms. HARRIS, and H.R. 550: Mr. KENNEDY of Rhode Island. H.R. 1360: Mr. SIMMONS and Mr. SCHWARZ of Ms. FOXX. H.R. 557: Mr. LEWIS of California. Michigan. H.R. 1996: Ms. ROS-LEHTINEN. H.R. 558: Mr. COOPER. H.R. 1374: Ms. JACKSON-LEE of Texas. H.R. 2045: Mr. WALSH. H.R. 581: Ms. GRANGER, Mr. SANDERS, and H.R. 1376: Mr. BRADLEY of New Hampshire. H.R. 2048: Mr. MANZULLO, Mr. MEEKS of Mr. POE. H.R. 1424: Mr. KENNEDY of Rhode Island, New York, Mr. BURGESS, Mr. GARY G. MIL- H.R. 583: Mr. MURPHY. Mr. GUTIERREZ, and Mr. SCHIFF. LER of California, Mr. SENSENBRENNER, Mr. H.R. 586: Mr. LARSEN of Washington. H.R. 1426: Mr. LIPINSKI. PLATTS, and Mr. MOORE of Kansas. H.R. 653: Mr. BOREN and Mr. THOMPSON of H.R. 1431: Mr. CASE. H.R. 2061: Mr. HOEKSTRA, Mr. BISHOP of California. H.R. 1451: Mr. LANGEVIN and Mr. CROWLEY. Utah, and Mr. TIBERI. H.R. 676: Mr. DAVIS of Illinois, Ms. KIL- H.R. 1456: Mr. MCGOVERN and Mr. H.R. 2063: Mr. MILLER of Florida, Mr. PATRICK of Michigan, Mrs. MALONEY, Mr. ETHERIDGE. FLAKE, Mr. MCCOTTER, Mr. PENCE, and Mr. TOWNS, and Mr. UDALL of New Mexico. H.R. 1468: Mr. MCCRERY and Mr. BECERRA. BURTON of Indiana. H.R. 697: Mr. HOLT, Mr. BISHOP of New H.R. 1492: Mr. SANDERS. H.R. 2068: Mr. CHOCOLA, Mr. THOMPSON of York, Mr. MURPHY, Mr. OWENS, and Mr. H.R. 1498: Mr. SMITH of New Jersey, Mr. Mississippi, Mr. TANNER, Mr. MARCHANT, and MEEK of Florida. BISHOP of Utah, Mr. BRADLEY of New Hamp- Mr. BEAUPREZ. H.R. 710: Mr. SMITH of Washington. shire, and Mr. BARTLETT of Maryland. H.R. 2073: Mr. BISHOP of New York. H.R. 786: Mr. FOLEY and Mr. SOUDER. H.R. 1508: Mr. HIGGINS. H.R. 2076: Mrs. DAVIS of California. H.R. 791: Ms. WOOLSEY. H.R. 1510: Mr. WELLER and Mr. PUTNAM. H.R. 2103: Mr. OWENS, Mr. NEAL of Massa- H.R. 799: Ms. ESHOO. H.R. 1548: Mr. DAVIS of Kentucky. chusetts, and Mr. MCHENRY. H.R. 809: Mr. NEUGEBAUER, Mr. SOUDER, Mr. H.R. 1549: Mr. OSBORNE, Mr. JINDAL, Mr. H.R. 2106: Mr. MARCHANT and Mr. SODREL, Mr. WESTMORELAND, Mr. CARTER, FRANK of Massachusetts, Mr. RAHALL, Mr. HOSTETTLER. and Mr. BARRETT of South Carolina. MENENDEZ, Mrs. CAPPS, Mr. PITTS, Mr. H.R. 2121: Mr. ENGLISH of Pennsylvania. H.R. 817: Mr. NEAL of Massachusetts, Mr. LOBIONDO, Mr. SAXTON, Mr. SCHIFF, Mr. H.R. 2122: Mr. GUTIERREZ. GUTIERREZ, Mr. SCHIFF, Ms. MCCOLLUM of SMITH of New Jersey, Mr. HYDE, Ms. HARRIS, H.R. 2131: Mr. ANDREWS, Ms. CARSON, Mr. Minnesota, Mr. KELLER, Mr. WAXMAN, Mr. Mr. DOYLE, Mr. HOLT, Mrs. JO ANN DAVIS of FATTAH, and Ms. MOORE of Wisconsin. FORBES, Mr. BURTON of Indiana, Mr. WEINER, Virginia, Mr. JONES of North Carolina, Ms. H.R. 2177: Mr. MURPHY. Ms. LINDA T. SA´ NCHEZ of California, Ms. BALDWIN, Ms. HARMAN, Mr. BACA, Mr. NUNES, H.R. 2196: Mr. SERRANO. JACKSON-LEE of Texas, Mr. RANGEL, and Mr. Mr. COSTA, Mr. MACK, Mr. PAUL, Mrs. H.R. 2202: Mr. FLAKE, Mr. GARRETT of New ROYCE. MCCARTHY, Mr. WOLF, Mr. NUSSLE, Ms. Jersey, and Mr. CARTER. H.R. 818: Mr. VAN HOLLEN. CORRINE BROWN of Florida, Mrs. BONO, Mr. H.R. 2217: Mrs. MCCARTHY. H.R. 819: Mr. CAPUANO and Mr. GORDON. CARDOZA, Mr. PETERSON of Minnesota, Mr. H.R. 2230: Mr. FRANK of Massachusetts. H.R. 839: Ms. ZOE LOFGREN of California. LANTOS, Mr. BACHUS, and Mr. MOORE of Kan- H.R. 2231: Mr. LANTOS, Mr. FORD, Mr. KIRK, H.R. 865: Mr. JONES of North Carolina and sas. Mr. DELAHUNT, Mrs. MALONEY, Mr. PETERSON Mr. DOYLE. H.R. 1554: Mr. DOGGETT. of Minnesota, Mr. SCHIFF, and Mr. SHERMAN. H.R. 869: Mr. RUPPERSBERGER. H.R. 1582: Mr. BISHOP of New York. H.R. 2238: Mr. LINCOLN DIAZ-BALART of H.R. 893: Ms. LORETTA SANCHEZ of Cali- H.R. 1588: Mr. FRANK of Massachusetts, Mr. Florida, Mr. CLEAVER, Mr. FILNER, Mr. fornia. UDALL of Colorado, and Mr. ROTHMAN. WELDON of Pennsylvania, Mr. FRANK of Mas- H.R. 910: Mr. PASCRELL, Mr. PAYNE, Mr. H.R. 1591: Mr. ABERCROMBIE, Ms. DELAURO, sachusetts, Mr. DAVIS of Illinois, Mr. MCGOV- KIND, Mrs. CHRISTENSEN, Mr. HOLT, Ms. Ms. MOORE of Wisconsin, and Mr. BOEHLERT. ERN, and Mr. MILLER of North Carolina. SCHAKOWSKY, and Mr. MCNULTY. H.R. 1600: Mrs. CAPITO. H.R. 2251: Mr. GERLACH, Mr. DOOLITTLE, H.R. 913: Ms. HARMAN, Mr. SCHIFF, and Mr. H.R. 1602: Mr. BACHUS. and Mr. BOSWELL. PUTNAM. H.R. 1608: Mr. CHOCOLA. H.R. 2259: Mr. LANTOS.

VerDate jul 14 2003 05:36 May 27, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.063 H26PT1 H4144 CONGRESSIONAL RECORD — HOUSE May 26, 2005

H.R. 2306: Mr. UDALL of Colorado. H. Con. Res. 148: Ms. FOXX, Mr. MILLER of Rick Larsen, Russ Carnahan, Peter A. H.R. 2317: Mr. UDALL of Colorado, Mr. North Carolina, Mr. BUTTERFIELD, and Mr. DeFazio, Joseph Crowley, John W. Olver, ALLEN, Mr. BISHOP of New York, Mr. WALSH, PRICE of North Carolina. Martin T. Meehan, Major R. Owens, Susan A. and Mr. BACA. H. Con. Res. 154: Mr. TANCREDO and Mrs. Davis, Carolyn B. Maloney, Gene Green, Bar- H.R. 2327: Mr. HINOJOSA, Ms. WATSON, Mrs. KELLY. ney Frank, Henry A. Waxman, William J. CAPPS, Mr. MANZULLO, Mr. PAUL, Mrs. H. Con. Res. 160: Ms. ZOE LOFGREN of Cali- Jefferson, Nick J. Rahall II, Sherrod Brown, MALONEY, and Mr. INSLEE. fornia and Ms. BORDALLO. Steve Israel, Ellen O. Tauscher, Earl H.R. 2328: Ms. EDDIE BERNICE JOHNSON of H. Con. Res. 162: Mr. KUHL of New York, Blumenauer, David Scott, Mike McIntyre, Texas. Mr. MCHUGH, Mr. LEWIS of Georgia, and Mr. Daniel Lipinski, Tom Udall, Cynthia McKin- H.R. 2330: Mr. WALSH and Mr. CROWLEY. LIPINSKI. ney, Darlene Hooley, Brad Miller, Betty H.R. 2335: Mr. CHANDLER, Mr. SCOTT of Vir- H. Res. 166: Mr. ACKERMAN, Mr. BACA, Mr. McCollum, Lois Capps, David E. Price, Hilda ginia, Mr. LEWIS of Kentucky, Mr. BAIRD, Mr. BECERRA, Ms. BERKLEY, Mr. BROWN of Ohio, L. Solis, Earl Pomeroy, Henry Cuellar, Shei- COSTELLO, Mr. MORAN of Virginia, Mr. Mr. CAPUANO, Mr. CROWLEY, Ms. ESHOO, Mr. la Jackson-Lee, Robert Menendez, Lane CRAMER, Mr. BOREN, and Mr. JEFFERSON. GENE GREEN of Texas, Mr. GRIJALVA, Mr. Evans, Michael R. McNulty, Gregory W. H.R. 2349: Ms. WOOLSEY. GUTIERREZ, Mr. HINCHEY, Mr. KENNEDY of Meeks, Donald M. Payne, Julia Carson, Gwen H.R. 2350: Ms. JACKSON-LEE of Texas. Rhode Island, Mr. LANGEVIN, Mr. NADLER, Moore, James P. Moran, John T. Salazar, H.R. 2354: Mr. DUNCAN. Mrs. NAPOLITANO, Mr. ORTIZ, Mr. REYES, Mr. Bennie G. Thompson, Gene Taylor, Bernard H.R. 2356: Mr. WELDON of Florida, Mr. ROTHMAN, Ms. LINDA T. SA´ NCHEZ of Cali- Sanders, Silvestre Reyes, James P. McGov- ALLEN, Mr. FITZPATRICK of Pennsylvania, fornia, Mr. SCHIFF, Mr. SHERMAN, Ms. SOLIS, ern, Frank Pallone, Jr., John B. Larson, Ms. JACKSON-LEE of Texas, Mr. KILDEE, Mr. Mr. VAN HOLLEN, Ms. VELA´ ZQUEZ, Mr. LIN- Jane Harman, Lucille Roybal-Allard, Marion CUNNINGHAM, and Mr. FILNER. COLN DIAZ-BALART of Florida, Mr. WEINER, Berry, Jim McDermott, Tammy Baldwin, H.R. 2357: Ms. JACKSON-LEE of Texas and Mr. DAVIS of Illinois, Ms. NORTON, Mr. David Wu, Harold E. Ford, Jr., Nancy Pelosi, Mr. KUHL of New York. MCNULTY, and Ms. ROS-LEHTINEN. Stephen F. Lynch, Joe Baca, Zoe Lofgren, H.R. 2359: Ms. WOOLSEY. H. Res. 175: Mr. SANDERS, Mr. ROTHMAN, Gary L. Ackerman, Al Green, Charles B. H.R. 2363: Mr. RUPPERSBERGER. and Mr. PAYNE. Rangel, Bart Stupak, Marcy Kaptur, Bobby H.R. 2386: Mr. RAHALL, Mr. HERGER, Mr. H. Res. 199: Mr. PAYNE, Ms. SLAUGHTER, L. Rush, Brad Sherman, Steny H. Hoyer, SHIMKUS, Mr. JEFFERSON, and Mr. BACHUS. Mr. ENGEL, Ms. MCCOLLUM of Minnesota, Bart Gordon, Alcee L. Hastings, Adam B. H.R. 2387: Mr. GORDON, Mr. BISHOP of Geor- Mrs. TAUSCHER, Mr. TIERNEY, and Mrs. Schiff, Dennis J. Kucinich, Robert C. Scott, gia, Mr. KINGSTON, Mr. DUNCAN, Mr. BISHOP MALONEY. Chris Van Hollen, Linda T. Sa´ nchez, Mike of Utah, Mr. PICKERING, Mr. RYUN of Kansas, H. Res. 214: Mr. BARRETT of South Carolina Thompson, Dennis A. Cardoza, Raul M. and Mr. BACHUS. and Mr. HERGER. Grijalva, Mike Ross, Brian Higgins, Jim H.R. 2389: Mr. HEFLEY, Mr. LINDER, Mr. H. Res. 246: Mr. ABERCROMBIE. Davis, Rosa L. DeLauro, Charlie Melancon, SAXTON, Mr. CONAWAY, Mr. BARTON of Texas, H. Res. 259: Mr. RUSH, Mr. HONDA, Mr. WAX- Leonard L. Boswell, Jose E. Serrano, James Mr. GIBBONS, Mr. MCCRERY, Mr. TERRY, Mr. MAN, Mr. DREIER, Mr. INGLIS of South Caro- R. Langevin, Elijah E. Cummings, Danny K. WELLER, Mr. SENSENBRENNER, Mr. CANNON, lina, Mr. GRIJALVA, Mr. KIRK, and Ms. Davis, Janice D. Schakowsky, Dennis Moore, Mr. HOEKSTRA, Mrs. KELLY, Mr. KINGSTON, SCHWARTZ of Pennsylvania. Louise McIntosh Slaughter, Lloyd Doggett, Mrs. MILLER of Michigan, Mr. MURPHY, Mr. H. Res. 274: Mr. GONZALEZ, Ms. ESHOO, Mr. Robert A. Brady, Maxine Waters, Jim Coo- OSBORNE, Mr. REGULA, Mr. SESSIONS, Mr. GUTIERREZ, Mr. CARDOZA, Mr. COSTA, Mr. per, William Delahunt, Sanford Bishop, Al- TURNER, Mr. WAMP, Mr. ALEXANDER, and Mr. CUELLAR, Mr. HINOJOSA, Mr. MENENDEZ, Mr. bert Russel Wynn, Debbie Wasserman MARCHANT. ORTIZ, Mr. PASTOR, Mr. REYES, Mr. SALAZAR, Schultz, Pete Fortney Stark, Steven R. H.R. 2412: Mr. GONZALEZ. Mr. SERRANO, and Ms. VELA´ ZQUEZ. H.R. 2418: Mr. PICKERING, Mr. ENGEL, Mr. Rothman, Barbara Lee, Michael F. Doyle, H. Res. 277: Mr. POE and Mr. MURPHY. WYNN, Mrs. MCCARTHY, Mr. BROWN of Ohio, Sam Farr, Shelley Berkley, Michael Honda, H. Res. 279: Mr. CARDIN and Mr. FILNER. Mr. KIRK, Mr. WELLER, Mr. MCINTYRE, and Diana DeGette, Stephanie Tubbs Jones, Rob- H. Res. 286: Mr. PAYNE, Mr. RANGEL, Ms. Mr. RUSH. ert E. Andrews, Jim Matheson, John Lewis, WOOLSEY, and Mr. DAVIS of Illinois. H.R. 2420: Mr. BROWN of Ohio, Mr. NADLER, Tom Lantos, Kendrick B. Meek, George Mil- H. Res. 292: Ms. MCCOLLUM of Minnesota, Mr. SANDERS, Mr. TOWNS, Mr. FRANK of Mas- ler, John Conyers, Jr., Carolyn C. Kilpatrick, Mr. BROWN of Ohio, Ms. JACKSON-LEE of sachusetts, Mrs. MALONEY, and Ms. Corrine Brown, David R. Obey, Jerrold Nad- Texas, Mrs. DAVIS of California, Mr. WILSON VELA´ ZQUEZ. ler, Jay Inslee, Rahm Emanuel, Collin C. Pe- of South Carolina, Mrs. MCCARTHY, Ms. H.R. 2423: Mr. REICHERT. terson, Allyson Y. Schwartz, Vic Snyder, Mi- SOLIS, Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 2427: Mr. RAHALL, Mrs. JONES of Ohio, chael E. Capuano, Mark Udall, Tim Ryan, Mr. ENGEL, Mrs. KELLY, and Mr. SANDERS. and Mr. OBERSTAR. Sander M. Levin, Nydia M. Vela´ zquez, Xavier H.R. 2458: Mr. BURGESS. f Becerra, Maurice D. Hinchey, and Allen H.R. 2471: Ms. PRYCE of Ohio, Mr. BOREN, Boyd. DELETIONS OF SPONSORS FROM Mr. ROGERS of Michigan, and Mrs. JOHNSON PUBLIC BILLS AND RESOLUTIONS of Connecticut. f H.R. 2472: Mr. MORAN of Virginia. Under clause 7 of rule XII, sponsors H.R. 2474: Ms. HARRIS. were deleted from public bills and reso- DISCHARGE PETITIONS— H.R. 2498: Mr. MORAN of Kansas, Mr. PENCE, lutions as follows: and Mr. SKELTON. ADDITIONS OR DELETIONS H.R. 2513: Mr. MARSHALL, Mr. CHABOT, and H.R. 1449: Mr. BUTTERFIELD. The following Members added their Mr. GOODE. f H.R. 2525: Mr. GORDON. names to the following discharge peti- H.R. 2526: Mrs. MCCARTHY, Mr. WELLER, DISCHARGE PETITIONS tions: Mr. MENENDEZ, and Mr. DAVIS of Illinois. Under clause 2 of rule XV, the fol- Petition 1 by Ms. HOOLEY on House Reso- H.R. 2533: Mr. BOEHLERT, Mr. LATHAM, Mr. lowing discharge petition was filed: lution 267: Martin Olav Sabo, John Lewis, KIND, and Mr. GENE GREEN of Texas. Jerry F. Costello, Jesse L. Jackson, Jr., Rob- H.R. 2553: Mrs. MCCARTHY. Petition 2. May 24, 2005, by Mr. MAR- ert E. Andrews, Maxine Waters, Luis V. H.R. 2561: Mr. KLINE. SHALL, on House Resolution 270, was signed Gutierrez, Stephanie Tubbs Jones, Cynthia H.R. 2574: Mr. BILIRAKIS and Mr. ABER- by the following Members: Jim Marshall, McKinney, Brad Miller, Norman D. Dicks, CROMBIE. Emanuel Cleaver, Artur Davis, G. K. Ike Skelton, Frank Pallone, Jr., John B. H.R. 2592: Mr. RUSH and Ms. ROS-LEHTINEN. Butterfield, Grace F. Napolitano, Carolyn Larson, Jane Harman, Marion Berry, Harold H.R. 2600: Mr. OWENS and Mr. KUHL of New McCarthy, Eddie Bernice Johnson, Dale E. York. Kildee, Diane E. Watson, Bill Pascrell, Jr., E. Ford, Jr., Bobby L. Rush, Gene Taylor, H.R. 2631: Mr. SANDERS. Tim Holden, Doris O. Matsui, Michael H. Alan B. Mollohan, Richard E. Neal, and John H.R. 2636: Ms. WOOLSEY and Mrs. MALONEY. Michaud, Thomas H. Allen, Bob Filner, Tim- M. Spratt, Jr. H.R. 2641: Mr. HIGGINS. othy H. Bishop, Ron Kind, Ted Strickland, The following Member’s name was H.J. Res. 10: Mr. OSBORNE and Mr. HERGER. Patrick J. Kennedy, Wm. Lacy Clay, Steph- withdrawn from the following dis- H.J. Res. 22: Mr. MARSHALL and Mr. anie Herseth, Dan Boren, Ed Case, Benjamin charge petition: RUPPERSBERGER. L. Cardin, Jim Costa, C. A. Dutch Rup- H. Con. Res. 108: Mr. THOMPSON of Mis- persberger, John Barrow, Bob Etheridge, Ben Petition 1 by Ms. HOOLEY on House Reso- sissippi. Chandler, John F. Tierney, Rush D. Holt, lution 267: Wm. Lacy Clay.

VerDate jul 14 2003 05:36 May 27, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.071 H26PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, MAY 26, 2005 No. 72 Senate The Senate met at 9:30 a.m. and was ‘‘with malice toward none, with char- vote which is scheduled for 6 o’clock called to order by the Honorable JOHN ity for all . . . [so we can finish] the tonight. If we are able to invoke clo- E. SUNUNU, a Senator from the State of work we are in.’’ ture at 6, then we would immediately New Hampshire. Amen. vote up or down on the nomination of The PRESIDING OFFICER. Today’s f . We will also receive from prayer will be offered by our guest the House a short-term extension of Chaplain, Rabbi Gary Zola, Jacob PLEDGE OF ALLEGIANCE the highway bill. We will need to pass Rader Marcus Center, Cincinnati, OH. The Honorable JOHN E. SUNUNU led that measure before we finish our work the Pledge of Allegiance, as follows: for the week as well. We hope to finish PRAYER I pledge allegiance to the Flag of the our business this evening, and if so, we The guest Chaplain offered the fol- United States of America, and to the Repub- would not be in session on Friday. That lowing prayer: lic for which it stands, one nation under God, implies a full day today, a lot of discus- Eternal One, Rock of all ages, help us indivisible, with liberty and justice for all. sion and cooperation among our col- to hear the voices of our forebears that f leagues to accomplish that. We will be still linger in the silent places of this making further announcements regard- historic Chamber of debate and deci- APPOINTMENT OF ACTING ing our schedule when we return at the sion. Let us draw devotional inspira- PRESIDENT PRO TEMPORE close of business today. tion this morning from the life of The PRESIDING OFFICER. The Finally, I ask unanimous consent Rabbi Isaac Mayer Wise, founder of the clerk will please read a communication that at 5:30, Senator STEVENS be recog- Hebrew Union College, who led this to the Senate from the President pro nized for up to 10 minutes, to be fol- Senate in prayer 135 years ago to this tempore (Mr. STEVENS). lowed by the Democratic leader for 10 very week. May one brief moment from The legislative clerk read the fol- minutes, to be followed by the major- the life of this famed American clergy- lowing letter: ity leader for up to 10 minutes. man renew in us a commitment to the U.S. SENATE, The ACTING PRESIDENT pro tem- core of righteous living. PRESIDENT PRO TEMPORE, pore. Without objection, it is so or- For we have been taught that once, Washington, DC, May 26, 2005. dered. when this rabbi took ill amidst a class To the Senate: f and was compelled to descend from his Under the provisions of rule I, paragraph 3, teaching platform, a young, eager stu- of the Standing Rules of the Senate, I hereby RECOGNITION OF THE MINORITY dent jumped up, grabbed his arm, and appoint the Honorable JOHN E. SUNUNU, a LEADER said: ‘‘May I help you down, Doctor?’’ Senator from the State of New Hampshire, to perform the duties of the Chair. The ACTING PRESIDENT pro tem- In response to this question, the TED STEVENS, pore. The Democratic leader is recog- rabbi uttered words that remind us President pro tempore. nized. anew of what is good and what God Mr. SUNUNU thereupon assumed the does require of us all: ‘‘Never help a f chair as Acting President pro tempore. person down,’’ the rabbi told his stu- dent. ‘‘Try always to help people up.’’ f ORDER OF BUSINESS In this year, marking 350 years of RECOGNITION OF THE MAJORITY Mr. REID. Mr. President, so we have Jewish life in America, we offer up our LEADER an orderly process on our side, I would prayerful and reverential gratitude to ask unanimous consent that of the the source of life for implanting within The ACTING PRESIDENT pro tem- time that has been allotted this side, our hearts the vision of our noble Re- pore. The majority leader is recog- Senator BOXER be given 45 minutes; public, ever striving to help people up. nized. Senator DODD, 60 minutes; Senator O may all who labor in this House— f SARBANES, 15 minutes; Senator VOINO- and in every house—be inspired anew VICH, 30 minutes; Senator KERRY, 30 by the prophet Micah’s exhortation, a SCHEDULE minutes; Senator FEINGOLD, 20 min- charge that the father of this Nation Mr. FRIST. Mr. President, today, fol- utes; Senator NELSON of Florida, 10 deeply cherished and repeatedly cited: lowing the leader time, we will resume minutes; Senator OBAMA, 15 minutes; Do justly, love mercy, and walk hum- debate on the nomination of John Senator REID, 15 minutes; and Senator bly with thy God. Bolton to be ambassador to the Secu- BIDEN to control the remaining time Fervently we pray that the vision we rity Council of the . The for 15 minutes. I am quite certain that hallow will animate all of us to live debate will be divided until the cloture the staff has worked it out so our time

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

S5945

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VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5946 CONGRESSIONAL RECORD — SENATE May 26, 2005 is equal to what Senator LUGAR con- mittee, to make certain that each of Donald McHenry, 83 to nothing—so trols on his side. If there is any dif- the arguments that has been presented they had votes—, 81 ference in the numbers, he and Senator has been met and fairly argued. to nothing. The largest ‘‘no’’ vote was DODD can adjust it accordingly. During the entirety of the debate , who had 16 against The ACTING PRESIDENT pro tem- yesterday, the arguments that were him. Bill Richardson was 100 to noth- pore. Without objection, it is so or- made were not new ones. They may be ing; , voice vote; Dan- dered. important ones, and perhaps they will forth, voice vote. f be reargued today. But I ask Members I am putting this in the RECORD be- to think constructively now about the cause when you listen to my friends RESERVATION OF LEADER TIME President of the United States, his de- who are supporting John Bolton, you The ACTING PRESIDENT pro tem- sire for reform of the United Nations, would think that this is just a run-of- pore. Under the previous order, the and his desire to have John Bolton the-mill type appointment, that it is leadership time is reserved. there at the United Nations to work in usual to have this kind of firestorm. f that capacity for reform of an institu- Nothing could be further from the tion that the United States wishes to EXECUTIVE SESSION truth. This nomination is a diversion see much stronger, more able, and cer- from the consensus candidates that we tainly a valuable part of American di- have had in the past. Since my chair- NOMINATION OF JOHN ROBERT plomacy and national security policy. man talked about all the support John BOLTON TO BE THE REPRESENT- I yield the floor. Bolton has, I ask unanimous consent to ATIVE OF THE UNITED STATES The ACTING PRESIDENT pro tem- print in the RECORD in a letter dated OF AMERICA TO THE UNITED pore. The Senator from California is May 9, 2005. NATIONS recognized. There being no objection, the mate- Mrs. BOXER. Mr. President, I listen rial was ordered to be printed in the The ACTING PRESIDENT pro tem- to my distinguished chairman, and I RECORD, as follows: pore. Under the previous order, the wonder who he is actually talking Senate will resume executive session Updated May 9, 2005. about when he says there is so much Hon. RICHARD G. LUGAR, for the consideration of Calendar No. support for John Bolton. There has Senate Foreign Relations Committee, Dirksen 103, which the clerk will report. been an unprecedented outcry of Re- Senate Office Building, Washington, DC. The legislative clerk read the nomi- publicans and Democrats against this Hon. JOSEPH R. BIDEN, nation of John Robert Bolton, of Mary- nomination. Ranking Member, Senate Foreign Relations land, to be the Representative of the I ask unanimous consent to print in Committee, Dirksen Senate Office Building, Washington, DC. United States of America to the United ECORD the R the votes on U.S. ambas- DEAR SENATOR LUGAR AND SENATOR BIDEN: Nations. sadors at the United Nations since 1945. The ACTING PRESIDENT pro tem- We have noted with appreciation the moves There being no objection, the mate- of President Bush at the beginning of his sec- pore. Under the previous order, the rial was ordered to be printed in the ond term to improve U.S. relations with the time until 6 p.m. will be equally di- RECORD, as follows: countries of the European Union and of the vided between the chairman and rank- VOTES ON U.S. AMBASSADORS TO THE UN United Nations. Maintaining these ties and ing member of the Foreign Relations the willingness of those countries to cooper- Edward R. Stettinius, Jr. (1945–1946): Voice ate with the United States is essential to Committee, of which 1 hour will be re- Vote U.S. security. served under the control of the Senator Warren R. Austin (1947–1953): Unanimous It is for this reason that we write you to from Ohio, Mr. VOINOVICH, and with the Consent express our concern over the nomination of exceptions just noted by consent. Henry Cabot Lodge, Jr. (1953–1960): Unani- John R. Bolton to be permanent representa- mous Consent The Senator from Indiana. tive of the United States at the United Na- James J. Wadsworth (1960–1961): Unani- Mr. LUGAR. Mr. President, I will tions. We urge you to reject that nomina- mous Consent yield shortly to distinguished col- tion. Adlai E. Stevenson (1961–1965): Unanimous By virtue of service in the State Depart- leagues who have sought an oppor- Consent tunity to speak for the first time on Arthur J. Goldberg (1965–1968): Unanimous ment, USAID and Justice Departments, John the nomination of John Bolton. I had Consent Bolton has the professional background the privilege of addressing the Senate George W. Ball (1968–1968): Unanimous Con- needed for this position. But his past activi- yesterday for over 50 minutes in which sent ties and statements indicate conclusively that he is the wrong man for this position at I attempted to outline all of the best (1968–1969): Unani- mous Consent a time when the U.N. is entering a critically reasons for John Bolton’s confirma- important phase of modernization, seeking tion, which I hope will occur today. I Charles W. Yost (1969–1971): Unanimous Consent to promote economic development and demo- believe he will be an outstanding rep- George Bush (1971–1973): Unanimous Con- cratic reforms and searching for ways to resentative of our country, a very able sent cope better with proliferation crises and a diplomat to the United Nations. John A. Scali (1973–1975): Unanimous Con- spurt of natural disasters and internal con- During the course of my comments— sent flicts. now reflected, because they were deliv- Daniel P. Moynihan (1975–1976): Unanimous John Bolton has an exceptional record of opposition to efforts to enhance U.S. secu- ered yesterday, in the CONGRESSIONAL Consent William W. Scranton (1976–1977): Unani- rity through arms control. He led a cam- RECORD today—we attempted to go mous Consent paign against ratification of the Comprehen- through each of the case histories of Andrew J. Young (1977–1979) 89–3 : sive Nuclear Test Ban Treaty. Today, the ad- interviews completed by the Senate Donald F. McHenry (1979–1981) 83–0 : ministration is pressing for development of Foreign Relations Committee in re- Jeane J. Kirkpatrick (1981–1985) 81–0 : new types of nuclear weapons. John Bolton sponse to the questions or allegations Vernon A. Walters (1985–1989): Voice Vote blocked more extensive international agree- made about the nominee. Affirma- Thomas R. Pickering (1989–1992) 99–0 : ment to limit sales of small arms, the main tively, I have tried to point out the Edward Joseph Perkins (1992–1993): Unani- killer in internal wars. He led the fight to mous Consent continue U.S. refusal to participate in the tens of very able Americans who have Madeleine K. Albright (1993–1997): Unani- Ottawa Landmine Treaty. Today, the U.S. endorsed John Bolton, including a mous Consent has joined Russia and China in insisting on large number of former Secretaries of Bill Richardson 100–0 (1997–1998): the right to continue to deploy antipersonnel State, Defense, National Security Di- Richard Holbrooke (1999–2001) 81–16 : landmines. John Bolton crafted the U.S. rectors, and, most importantly, people John D. Negroponte (2001–2004): Voice Vote withdrawal from the joint efforts of 40 coun- who have worked with him at the John C. Danforth (2004–2005): Voice Vote tries to formulate a verification system for United Nations, at USAID. Mrs. BOXER. What this will show for the Biological Weapons Convention and I ask Members to reference the spe- the record is that starting in 1945, we blocked continuation of these efforts in a pe- riod of increasing concern over potential ter- cifics of my speech yesterday, if there have had voice votes and unanimous rorist use of these weapons and of terrorist are questions with regard to the work consent votes on almost all of these access to the stocks of countries covertly done by the able staff on both sides of nominees. There were few exceptions. producing these weapons. John Bolton’s un- the Senate Foreign Relations Com- got the post 89 to 2; substantiated claims that Cuba and Syria

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5947 are working on biological weapons further Ambassador (ret.) Harry G. Barnes, Jr., anced Force Reduction Talks, Vienna (Car- discredited the effect of U.S. warnings and Former U.S. ambassador to Romania, Chile, ter). U.S. intelligence on weapons of mass de- and India (Nixon, Ford, Reagan). Ambassador (ret.) Willard A. DePree, struction. Ambassador (ret.) Robert L. Barry, Former Former U.S. ambassador to Mozambique and John Bolton led the successful campaign U.S. ambassador to Bulgaria and Indonesia Bangladesh (Ford, Reagan, G.H.W. Bush). for U.S. withdrawal from the treaty limiting (Reagan, Clinton), Former Deputy Assistant Ambassador (ret.) Robert S. Dillon, missile defenses (ABM Treaty). The effects of Secretary of State for International Organi- Former U.S. ambassador to Lebanon this action included elimination of the sole zation Affairs (Carter), Former Deputy As- (Reagan), Former Deputy Commissioner treaty barrier to the weaponization of space. sistant Secretary of State for European Af- General of the UN Relief and Works Agency In the face of decades of votes in the U.N. fairs (Carter). for Palestine Refugees (UNRWA) (Reagan). General Assembly calling for negotiation of Ambassador Josiah H. Beeman, Former Ambassador (ret.) Donald B. Easum, a treaty to block deployment of weapons in U.S. ambassador to New Zealand and West- Former U.S. ambassador to Nigeria and space, he has blocked negotiation in the Ge- ern Samoa (Clinton). Upper Volta (Burkina Faso) (Nixon, Ford, neva Conference on Disarmament of a treaty Ambassador (ret.) Maurice M. Bernbaum, Carter), Former Assistant Secretary of State on this subject. The administration has re- Former U.S. ambassador to Ecuador and for African Affairs (Nixon, Ford). peatedly proposed programs calling for weap- Venezuela (Eisenhower, Johnson). Ambassador (ret.) William B. Edmondson, on deployment in space. Ambassador (ret.) Jack R. Binns, Former Former U.S. ambassador to South Africa As chief negotiator of the 2002 Moscow U.S. ambassador to Honduras (Carter, (Carter). Treaty on withdrawing U.S. and Russian nu- Reagan). Ambassador (ret.) Nancy H. Ely-Raphel, clear weapons from field deployment, John Ambassador (ret.) Richard J. Bloomfield, Former U.S. ambassador to Slovenia (Clin- Bolton structured a treaty without its own Former U.S. ambassador to Ecuador and ton). verification regime, without required Portugal (Ford, Carter, Reagan). Ambassador (ret.) James Bruce Engle, progress reports from both sides, without the Ambassador (ret.) Peter Bridges, Former Former U.S. ambassador to Dahomey (Nixon, requirement to destroy warheads withdrawn U.S. ambassador to Somalia (Reagan). Ford). from deployment, and without provision for Ambassador George Bruno, Former U.S. Ambassador (ret.) Richard K. Fox, Former negotiating continued reductions. Under his ambassador to Belize (Clinton). U.S. ambassador to Trinidad and Tobago guidance, the State Department repudiated Ambassador (ret.) Edward Brynn, Former (Carter). important consensus agreements reached in U.S. ambassador to Burkina Faso and Ghana Ambassador (ret.) Lincoln Gordon, Former the year 2000 Review Conference of the Non- (G.H.W. Bush, Clinton), Former Principal U.S. ambassador to Brazil (Kennedy, John- proliferation Treaty and has even blocked Deputy Assistant Secretary of State, Bureau son), Former Assistant Secretary of State the formulation of an agenda for the next re- of African Affairs (Clinton). for Inter-American Affairs (Johnson). Ambassador (ret.) Robert Grey, Jr., view conference to be held in May 2005. Ambassador George Bunn, Former member Under John Bolton as Under Secretary for of U.S. delegation to the Non-Proliferation Former U.S. representative to the Con- Arms Control and International Security, Treaty (NPT) negotiations (Johhson), ference on Disarmament, Geneva (Clinton). Ambassador (ret.) Holsey Gates Handyside, the State Department has continued to fail Former U.S. ambassador to the Geneva Dis- Former U.S. ambassador to Mauritania to resolve the impasse with Russia about the armament Conference (UN) (Johnson). Ambassador (ret.) A. , (Ford, Carter). legal liability of U.S. personnel working with Ambassador (ret.) William C. Harrop, Russia on the security of the huge arsenal of Former Deputy Assistant Secretary of State Former ambassador to Israel, Kenya, and nuclear, chemical and biological weapons of for the Near East and South Asia (Reagan), Zaire (Reagan, G.H.W. Bush, Clinton), the former Soviet Union and has failed to ac- Former Deputy Assistant Secretary of State Former Inspector General, U.S. Department celerate measures aimed at the safety and for Intelligence and Research (G.H.W. Bush), Former Ambassador and Coordinator for of State (Nixon). security of this huge arsenal from theft, ille- Ambassador (ret.) Samuel F. Hart, Former Counter-Terrorism, Department of State gal sale and terrorist access. U.S. ambassador to Ecuador (Reagan). John Bolton’s insistence that the U.N. is (G.H.W. Bush), Former Ambassador to Sri Ambassador (ret.) Arthur A. Hartman, valuable only when it directly serves the Lanka and the Maldives (Clinton), Former Former U.S. ambassador to France and the United States, and that the most effective Deputy Assistant Secretary of State for Per- Soviet Union (Carter, Reagan), Former As- Security Council would be one where the sonnel (Clinton), Former U.S. Deputy Per- sistant Secretary of State for European Af- U.S. is the only permanent member, will not manent Representative to the UN and Acting fairs (Nixon). help him to negotiate with representatives of Permanent Representative to the UN (Clin- Ambassador Ulric Haynes, Jr., Former U.S. the remaining 96 percent of humanity at a ton). ambassador to Algeria (Carter). time when the U.N. is actively considering Ambassador (ret.) Patricia M. Byrne, Ambassador Gerald B. Helman, Former enlargement of the Security Council and Former Deputy U.S. Permanent Representa- U.S. ambassador to the United Nations, Ge- steps to deal more effectively with failed tive to the UN Security Council (Reagan), neva (Carter). states and to enhance the U.N.’s peace- Former U.S. ambassador to Mali and Burma Ambassador (ret.) Robert T. Hennemeyer, keeping capability. (Carter, Reagan). Former U.S. ambassador to Gambia John Bolton’s work as a paid researcher Ambassador (ret.) James Cheek, Former (Reagan). for Taiwan, his idea that the U.S. should U.S. ambassador to Sudan and Argentina Ambassador (ret.) H. Kenneth Hill, Former treat Taiwan as a sovereign state, and that (G.H.W. Bush, Clinton). U.S. ambassador to Bulgaria (G.H.W. Bush). it is fantasy to believe that China might re- Ambassador (ret.) Paul M. Cleveland, Ambassador (ret.) John L. Hirsch, Former spond with armed force to the secession of Former U.S. ambassador to New Zealand and U.S. ambassador to Sierra Leone (Clinton). Taiwan do not attest to the balanced judg- Western Samoa and Malaysia (Reagan, Ambassador (ret.) Lewis Hoffacker, Former ment of a possible U.S. permanent represent- G.H.W. Bush), Former U.S. representative to U.S. ambassador to Cameroon and Equa- ative on the Security Council. China is the Korean Energy Development Organiza- torial Guinea (Nixon). emerging as a major world power and the tion (Clinton). Ambassador (ret.) H. Allen Holmes, Former Taiwan issue is becoming more acute. Ambassador (ret.) Carleton S. Coon, U.S. ambassador to Portugal (Reagan), At a time when the U.N. is struggling to Former U.S. ambassador to Nepal (Reagan). Former Assistant Secretary of State for Po- get an adequate grip on the genocidal killing Ambassador (ret.) Jane Coon, Former U.S. litical-Military Affairs (Reagan), Assistant in Darfur, Sudan, Mr. Bolton’s skepticism ambassador to Bangladesh (Reagan). Secretary of Defense for Special Operations about U.N. peacekeeping, about paying the Ambassador (ret.) James F. Creagan, and Low Intensity Conflict (Clinton). U.N. dues that fund peacekeeping, and his Former U.S. ambassador to Honduras (Clin- The Hon. Thomas L. Hughes, Former Di- leadership of the opposition to the Inter- ton), Former U.S. Consul General, Sao rector, Bureau of Intelligence and Research national Criminal Court, originally proposed Paulo, Brazil (G.H.W. Bush). (INR), Department of State (Kennedy, John- by the U.S. itself in order to prosecute Ambassador (ret.) T. Frank Crigler, son). human rights offenders, will all make it dif- Former U.S. ambassador to Rwanda and So- Ambassador (ret.) Dennis Jett, Former ficult for the U.S. to play an effective leader- malia (Ford, Reagan). U.S. ambassador to Mozambique and Peru ship role at a time when the U.N. itself and Ambassador (ret.) John H. Crimmins, (Clinton). many member states are moving to improve Former U.S. ambassador to the Dominican Ambassador James A. Joseph, Former U.S. U.N. capacity to deal with international Republic and Brazil (Johnson, Nixon, Ford). ambassador to South Africa (Clinton). problems. Ambassador (ret.) Richard T. Davies Ambassador (ret.) Philip M. Kaiser, Given these past actions and statements, (signed before he passed away on March 30, Former U.S. ambassador to Senegal, Mauri- John R. Bolton cannot be an effective pro- 2005), Former U.S. ambassador to Poland tania, Hungary, Austria (Kennedy, Carter). moter of the U.S. national interest at the (Nixon, Ford, Carter). Ambassador (ret.) Robert V. Keeley, U.N. We urge you to oppose his nomination. Ambassador (ret.) John Gunther Dean, Former U.S. Ambassador to Mauritius, Sincerely, Former Deputy for CORDS, Military Region Zimbabwe, and Greece (Ford; Carter, The Hon. Terrell E. Arnold, Former Dep- 1, Vietnam (Nixon), Former U.S. ambassador Reagan), Former Deputy Assistant Secretary uty Director, Office of Counterterrorism, to Cambodia, Denmark, Lebanon, Thailand, of State for African Affairs (Carter). U.S. Department of State (Reagan), Former India (Nixon, Ford, Carter, Reagan). Spurgeon M. Keeny, Jr., Former Deputy U.S. Consul General, Sao Paulo, Brazil (Car- Ambassador (ret.) Jonathan Dean, Former Director, U.S. Arms Control and Disar- ter). U.S. representative to the Mutual and Bal- mament Agency (ACDA) (Carter).

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5948 CONGRESSIONAL RECORD — SENATE May 26, 2005 Ambassador (ret.) Andrew I. Killgore, Ambassador (ret.) Cynthia P. Schneider, and Cape Verde, Mozambique, Zaire, Estonia Former U.S. ambassador to Qatar (Carter). Former U.S. ambassador to The Netherlands (Ford, Reagan, Carter, Clinton), Former U.S. Ambassador Henry L. Kimelman, Former (Clinton). representative to the United Nations Eco- U.S. ambassador to Haiti (Carter). Ambassador (ret.) Talcott W. Seelye, nomic and Social Council (ECOSOC) (Carter). Ambassador (ret.) Roger Kirk, Former U.S. Former U.S. ambassador to Tunisia and Ambassador (ret.) Thomas G. Weston, ambassador to Somalia and Romania (Nixon, Syria (Nixon, Ford, Carter). Former Special Coordinator for Cyprus Ford, Reagan). The Hon. John Shattuck, Former Assistant (Clinton, G.W. Bush), Former Deputy Assist- Ambassador (ret.) Dennis H. Kux, Former Secretary of State for Democracy, Human ant Secretary of State for European and Ca- U.S. ambassador to Ivory Coast (Reagan). Rights and Labor (Clinton), Former Chair- nadian Affairs (Clinton). Ambassador (ret.) James F. Leonard, man, Secretary of State’s Advisory Com- Ambassador (ret.) Robert E. White, Former Former Deputy U.S. Permanent Representa- mittee on Religious Freedom Abroad (Clin- U.S. ambassador to Paraguay and El Sal- tive to the United Nations (Ford, Carter). ton) Former U.S. ambassador to the Czech vador (Carter), Former Deputy U.S. Perma- Ambassador (ret.) Samuel W. Lewis, Republic (Clinton). nent Representative to the Organization of Former Assistant Secretary of State for Ambassador (ret.) Thomas W. Simons, Jr., American States (Ford). International Organization Affairs (Ford), Former Deputy Assistant Secretary of State Ambassador (ret.) James M. Wilson, Jr., Former Director of Policy Planning, State for European and Canadian Affairs (Reagan), Former Deputy Assistant Secretary of State, Department (Clinton), Former ambassador Former U.S. ambassador to Pakistan and Po- East Asia and Pacific Affairs (Nixon), Coor- to Israel (Carter, Reagan). land (G.H.W. Bush, Clinton). dinator for Human Rights and Humanitarian Ambassador (ret.) Princeton N. Lyman, Ambassador Richard Sklar, Former U.S. Affairs, Department of State (Ford). Ambassador (ret.) W. Howard Wriggins, Former Assistant Secretary of State for ambassador to the United Nations for Man- Former U.S. ambassador to Sri Lanka (Car- International Organization Affairs (Clinton), agement and Reform (Clinton). Director, Bureau of Refugee Programs, U.S. Ambassador Robert Solwin Smith, Former ter). Ambassador (ret.) Kenneth S. Yalowitz, Department of State (G.H.W. Bush), Former U.S. ambassador to Ivory Coast (Nixon, Former U.S. ambassador to Belarus and U.S. ambassador to South Africa and Nigeria Ford) Former Deputy and Acting Assistant (Reagan, G.H.W. Bush, Clinton). Georgia (Clinton). Secretary of State for Africa (Nixon) Former Mr. President, this is a letter going Ambassador (ret.) David L. Mack, Former Deputy Permanent Delegate to UNESCO U.S. ambassador to the United Arab Emir- (Truman, Eisenhower). to the Honorable RICHARD LUGAR, the ates (Reagan, G.H.W. Bush). Ambassador (ret.) Carl Spielvogel, Former Honorable JOSEPH BIDEN, our chair and Ambassador (ret.) Richard Cavins U.S. ambassador to the Slovak Republic ranking member. It is an unprece- Matheron, Former U.S. ambassador to Swa- (Clinton). dented letter: ziland (Carter, Reagan). Ambassador (ret.) Monteagle Stearns, We write to express our concern over the Ambassador (ret.) Charles E. Marthinsen, Former U.S. ambassador to Greece and Ivory nomination of John R. Bolton to be Perma- Former U.S. ambassador to Qatar (Carter, Coast (Ford, Carter, Reagan), Former Vice nent Representative of the U.S. at the Reagan). President, National Defense University (Car- Jack Mendelsohn, Deputy Assistant Direc- United Nations, and we urge you to reject ter). tor of the Strategic Programs Bureau, Arms that nomination. Ambassador (ret.) Andrew L. Steigman, Control and Disarmament Agency (ACDA) This is from 102 very distinguished Former Ambassador to Gabon, Sao Tome and (Reagan), Senior ACDA representative on Americans who have served their coun- Principe (Ford). U.S. START delegation (Reagan). Ambassador (ret.) Michael Sterner Former, try under both Republican and Demo- Ambassador Carol Moseley-Braun, Former U.S. ambassador to the United Arab Emir- cratic Presidents. I am going to read U.S. ambassador to New Zealand and Samoa ates (Nixon, Ford), Former Deputy Assistant off some of the names for the record: (Clinton). Ambassador (ret.) Ambler H. Moss Jr., Secretary of State for Near Eastern and The Honorable Terrell Arnold, who Former U.S. ambassador to Panama (Carter, South Asian Affairs (Carter). worked under Ronald Reagan and Ambassador (ret.) John Todd Stewart Reagan), Former Member, U.S.-Panama Con- ; Ambassador, retired, Former, U.S. ambassador to Moldova (Clin- sultative Committee (Carter, Reagan, Clin- Harry Barnes, who worked under ton). ton). Nixon, Ford, and Reagan; Ambassador Ambassador (ret.) Richard W. Teare, Ambassador (ret.) Leonardo Neher, Former Robert Barry, who served under U.S. ambassador to Burkina Faso (Reagan). Former U.S. ambassador to Papua New Guin- ea, Solomon Islands and Vanuatu (Clinton). Reagan, Clinton, and Carter; Ambas- Ambassador (ret.) David D. Newsom, sador Josiah Beeman, who served under Former U.S. ambassador to Libya, Indonesia, Ambassador (ret.) Harry E. T. Thayer, the Philippines (Johnson, Nixon, Carter), Former U.S. ambassador to Singapore (Car- Clinton; Ambassador Maurice Former Assistant Secretary of State for Af- ter, Reagan). Bernbaum, who served under Eisen- rican Affairs (Nixon), Former Undersecre- The Hon. Hans N. Tuch, Career Minister, hower and Johnson; Ambassador Jack tary of State for Political Affairs (Carter). U.S. Foreign Service, USIA. Binns, who served Carter and Reagan; Ambassador (ret.) Theresa A. Tull, Former, Ambassador (ret.) Donald R. Norland, Ambassador Richard Bloomfield, who Former U.S. ambassador to the Netherlands, U.S. ambassador to Guyana and Brunei (Reagan, G.H.W. Bush, Clinton). served under Ford, Carter, and Reagan; Botswana, Lesotho and Swaziland, and Chad Ambassador Peter Bridges, who served (Johnson, Ford, Carter). Ambassador William J. vanden Heuvel, Ambassador (ret.) David Passage, Former Former Deputy U.S. Permanent Representa- under Reagan; Ambassador George U.S. ambassador to Botswana (G.H.W. Bush). tive to the United Nations (Carter), Former Bruno, who served under Bill Clinton; Ambassador (ret.) Edward L. Peck, Former U.S. representative to the United Nations, Ambassador Edward Brynn, who served U.S. ambassador to Iraq and Mauritania Geneva (Carter). under George H.W. Bush and Bill Clin- (Carter, Reagan). Ambassador (ret.) Christopher van Hollen, ton. Ambassador (ret.) Jack R. Perry, Former Former Deputy Assistant Secretary of State I could go on and on, but I think U.S. ambassador to Bulgaria (Carter). for Near Eastern and South Asian Affairs (Nixon), Former U.S. ambassador to Sri placing this in the RECORD for my col- Ambassador (ret.) Christopher H. Phillips, leagues to see will undermine the com- Former Deputy U.S. Permanent Representa- Lanka (Nixon, Ford). tive to the U.N. (Nixon), Former U.S. ambas- Ambassador (ret.) Richard N. Viets, ments that are made about how much sador to Brunei (G.H.W. Bush). Former U.S. ambassador to Tanzania and support this particular nominee has. Ambassador (ret.) Sol Polansky, Former Jordan (Carter, Reagan). That is simply glossing over the U.S. ambassador to Bulgaria (Reagan, Ambassador (ret.) Frederick Vreeland, record. That is what is happening in G.H.W. Bush). Former U.S. ambassador to Morocco (G.H.W. this debate—glossing over the record Ambassador Stanley R. Resor, Former Sec- Bush), Former Deputy Assistant Secretary by my friends, who are saying: Oh, retary of the Army (Johnson, Nixon), of State for the Near East (G.H.W. Bush). Ambassador (ret.) Lannon Walker, Former what is the problem? So he is a bully, Former U.S. representative to the Mutual so he tries to fire people, so we have all and Balanced Force Reduction Talks, Vienna Principal Deputy Assistant Secretary of (Nixon, Ford, Carter). State for African Affairs (Carter, Reagan), these letters—and it goes on. Their ul- Ambassador Nicholas A. Rey, Former U.S. Former U.S. ambassador to Senegal, Nigeria, timate point is that he is just what we ambassador to Poland (Clinton). and Ivory Coast (Reagan, G.H.W Bush, Clin- need at the United Nations. John B. Rhinelander, Deputy Legal Ad- ton). I come out very differently. This is viser, U.S. Department of State (Nixon), Ambassador (ret.) Alexander F. Watson, just what we don’t need at the United Legal adviser to the U.S. Strategic Arms Former U.S. ambassador to Peru (Reagan) Nations. We have a credibility problem Limitation Delegation (SALT I) (Nixon). Former Deputy Permanent Representative in the world right now, and we need Ambassador (ret.) Stuart W. Rockwell, to the United Nations (G.H.W. Bush), Former Former U.S. ambassador to Morocco (Nixon). Assistant Secretary of State for Western someone to walk in there, such as John Ambassador James R. Sasser, Former U.S. Hemisphere Affairs (Clinton). Danforth walked in there, with credi- ambassador to the People’s Republic of Ambassador (ret.) Melissa F. Wells, bility. I don’t think we should be con- China (Clinton). Former U.S. ambassador to Guinea Bissau sidering the nomination today. I made

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5949 that clear when I put a hold on the Nations. didn’t have to if you do, you should not vote to pro- nomination. I lifted that hold because, be controlled. Mr. Negroponte didn’t ceed with this nomination at this time, clearly, colleagues believed they want- have to be controlled. Jean Kirk- just based on the fact that we have not ed to begin debate and, with due def- patrick didn’t have to be controlled. gotten the information. erence, I lifted the hold. didn’t have I think we are continuing to see the The fact is, we don’t have the infor- to be controlled. Bill Richardson didn’t arrogance of power from this adminis- mation we have requested from the have to be controlled. They knew what tration and a disregard for the checks State Department and from the admin- the policy of the United States of and balances. We don’t need a ruler in istration. You may think, well, maybe America was. They respected inde- the White House; we need a govern- there is so much information out there, pendent intelligence analysts. They ment. We don’t need someone who will what more could there be on John never tried to twist information to fit rule us; we need someone who will gov- Bolton? Well, I answer it this way. I their preconceived notions of what the ern with us. That is what this is have colleagues on both sides of the world should look like. That is why about—a lack of respect for members of aisle coming up to me and saying: Do this information is important. the committee. you have any more? Do you have a There are two other areas that we are Beyond that, as I said, we do have a smoking gun on John Bolton? What interested in, also, dealing with a lot of smoking guns on this nominee, else is out there? We heard what is out speech that Mr. Bolton prepared on and we do have the victims of his ac- there. Do you have a smoking gun? The Syria. Somehow we cannot get the tions. I will spend some time talking answer I give them is we not only have draft of that speech. We think that is about that. It will be repetitive be- found several smoking guns but several important. There is another area we cause each colleague has seen the in- bodies who were there to tell what hap- have asked for, which is that one of Mr. formation. You heard the very emo- pened to them. We found the victims. Bolton’s assistants who works with tional testimony of Senator VOINOVICH, They are out there. They were saved him has private clients, and we have who feels so strongly about this, and he only because there were folks who asked to see the list of those private has laid it out in his fashion. Senator served higher than John Bolton, who clients. We have not been able to get BIDEN has laid it out, as have others. I said to him: You are wrong, you are that either. So out of due respect for will lay it out in my fashion. bullying people, you are twisting their the United States Senate and for each Politicizing intelligence. What does words, you are exerting politics in of us as Senators, we are not an arm of that mean? It means that you have a what should be clearly an independent the executive branch. We are a proud political agenda, you try to use intel- intelligence function. And because of independent branch of Government. It ligence by cherry-picking it or twisting that, John Bolton was saved from him- gets you back to the whole issue of it to make your point. It is dangerous. self. But we have the smoking guns and checks and balances. It is exceedingly dangerous. There was the victims, which we will talk about. We have every right to see this infor- a report in a British newspaper that But our colleagues want more informa- mation. If John Bolton can see these had documentation from someone in tion. intercepts, why can’t JOE BIDEN see the military in Britain who said, in Well, there are three big pieces of in- them, who is our ranking member on fact, that is what happened in Iraq. We formation out that we have not re- the Foreign Affairs Committee, and don’t know that right now because we ceived. One is of deepest concern to our someone whom everybody respects have not had that particular investiga- ranking member, JOE BIDEN, who has around here as being very cautious and tion. We only know that we made big done an excellent job. Frankly, he and careful? And there is not one scintilla mistakes on the intelligence front. But his staff and all of our staffs have done of evidence that JOE BIDEN ever did we didn’t look at it saying: Did people an extraordinary job. One piece of in- something to undermine any adminis- in the office cherry-pick? Did they po- formation deals with Mr. Bolton’s in- tration’s foreign policy. He bends over liticize intelligence? We don’t know terest in finding out intelligence mat- backward the other way. So that is a the answer. That is what the British ters that were revealed on some inter- reason we should not be having this documents say. We don’t know that cepts. We think it is very important vote right now. We need to have more here. We were supposed to look at it, because we don’t know who was the time to work on the administration to and I hope we will because history de- target of Mr. Bolton’s interest in the 10 get this information—these intercepts, serves an answer and so do the families times when he requested to see these the speech, and the conflict of interest of our soldiers who are dead. intercepts. of the gentleman who now works for Politicizing intelligence is dangerous It is a very important matter be- Mr. Bolton, Matthew Friedman. Mr. for our country. And now we think cause, from what you can tell from the Friedman’s former clients, as best we about probably one of the first assign- information we have so far, Mr. Bolton can tell, included the Government of ments our U.N. ambassador may well had a very clear agenda in his work at Nigeria and also Fernando Marcos. We have, which is to convince the U.N. Se- the State Department. What that agen- don’t know who else is there. We would curity Council about the threats posed da appears to be, from what we know, like to put an end to the speculation by other nations, such as Iran and is hyping up the threat from various that someone is working in a top posi- North Korea. I don’t see Mr. Bolton countries. We already know what a tion for Mr. Bolton who has outside cli- having credibility, given his record of hyped-up threat can do. We have lost ents, which could pose conflicts of in- politicizing intelligence to be able to 1,600-plus of our beautiful soldiers in terest. convince other countries that there is Iraq because of a hyped-up threat. There was a report in the Washington a problem. Maybe Secretary Rice will There are more than 12,000 wounded. So Post that got our attention on the have to come over there. Maybe the when we are discussing John Bolton front page some weeks ago, which said President will have to speak to the and his proclivity to try to exaggerate Condi Rice gave a message to the top U.N. instead. Would it not be good to and twist intelligence information, this staff not to cooperate with the Con- have someone at the U.N. who had is not some theoretical dispute about gress. Immediately I wrote to her. I got credibility walking in, such as Senator whether he has an ideology, or what- a letter back from her assistant. I Danforth had? Would that not be im- ever. That is not the question. The wrote her a letter and she sent me back portant? Mr. Bolton won’t have the question is: Could his action have re- a letter from her assistant that said: credibility because he has a record of sulted in perhaps another conflict, or We are cooperating. That report was trying to remove intelligence analysts certainly more tension? The fact is, it false. We are going to turn over every- who disagreed with him, and he also at- could have—if he wasn’t stopped by the thing. tempted to exaggerate intelligence to higher ups. And now we hear that the I ask Senators on both sides: Don’t fit his views. higher ups are saying to Senators: you have pride in what you do? Don’t So this issue of using political pres- Don’t worry, we will control him at the you feel good about what you do? Don’t sure and the power of your position to U.N. you believe that being a Senator de- twist the arms of independent intel- Mr. President, I don’t want someone serves some respect? Don’t you believe ligence analysts is, I believe, the most to have to be controlled at the United you deserve to have information? Well, serious issue concerning John Bolton

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5950 CONGRESSIONAL RECORD — SENATE May 26, 2005 because we know this could lead to un- Mr. Bolton worked in the State De- didn’t matter—I am paraphrasing—I justified war, and we should not pro- partment. He reached way down to get shrugged it off, just got it off my chest. mote someone who has a history of ex- Mr. Westermann fired. But then he Yet he sought to remove Christian aggerating threats, or at least trying goes to a completely different agency, Westermann for disagreeing with him to exaggerate threats that are not sup- over which he does not even have any over intelligence in Cuba. Not once and ported by intelligence. influence—or should not have—and he shrug it off, not twice and shrug it off, When you hear me make this com- tried to ruin the career of an analyst but the record shows three times over ment, you might say: Well, Senator he had never even met. a 5-month period he went after Mr. BOXER, you are a strong Democrat. It is one thing to challenge intel- Westermann. Who else supports this view that politi- ligence analysts to say: You know, my This is confirmed by Carl Ford, the cizing intelligence is what John Bolton information is thus and so, and you former Assistant Secretary for the did? How about the former Assistant don’t seem to reflect it in your think- INR—that is the State Department in- Secretary of State for Intelligence and ing. Let’s talk about it. That is fine. telligence division—Thomas Fingar, Research, Carl Ford, who testified that We do that all the time in debate. I former Deputy Assistant Secretary for Bolton’s berating of analyst Christian know when I am preparing for a talk INR; and Fred Fleitz, Chief of Staff to Westermann had a ‘‘chilling effect’’— such as this on the floor of the Senate, John Bolton; Neil Silver, an INR office his words—a chilling effect within that I will have my staff come in and say: I manager; and Larry Wilkerson, former agency and that analysts in INR—that don’t see it that way. Why do you see Chief of Staff to Colin Powell. is the intelligence research arm of the it that way? And you try to figure out Bolton said to the committee: No, it State Department—were very nega- what is the right thing to say, the was nothing, it was no biggie, I got it tively affected by the incident. So we right thing to do, and the thing on off my chest, I shrugged it off, I did not have John Bolton trying to get rid of which you will not be challenged. But do anything. Carl Ford, Thomas Christian Westermann, by everyone’s Mr. Bolton threatens retribution when Fingar, Fred Fleitz, Neil Silver, and account a very honorable, bright intel- the intelligence does not conform to Larry Wilkerson—most of those people ligence officer doing his work, and it his views. That is a disaster to promote from the Bush administration—said: negatively affected, according to Carl No, he tried to remove Mr. Westermann Ford—by the way, Carl Ford describes someone such as that. Robert Hutchings, former chairman three times over a 5-month period. And himself as a conservative Republican. Mr. Bolton sought to remove Mr. What did he say? He said his hero is of the National Intelligence Council, describes the risk of politicizing intel- Smith over at the CIA, over whom Mr. DICK CHENEY. Here we have a self-de- Bolton had no authority whatsoever. scribed conservative Republican, and ligence this way: We know that Bolton and his staff dis- his hero is DICK CHENEY. He says John I think every judgment ought to be chal- cussed the removal of this person over Bolton had a chilling effect within the lenged and questioned. But . . . when it goes several months, and Bolton personally intelligence agency, and John Bolton beyond that to a search for a pretty clearly defined preformed set of judgments, then it went out to CIA headquarters to seek negatively affected that whole oper- turns into politicization. And . . . even when Mr. Smith’s removal. ation there. it is successfully resisted . . . it creates a cli- Let me say that again. We have ret- Mr. Ford said further the only rea- mate of intimidation and a culture of con- ribution against independent intel- son, at the end of the day, that polit- formity that is damaging . . . ligence analysts, three times in 5 ical pressure did not work on Mr. What does he mean by that? This is a months against Westermann, and Mr. Westermann was because, thankfully, man who is an expert in intelligence. he said, the analyst was strong enough Bolton went all the way out to the CIA Conformity is dangerous because it to get rid of Mr. Smith. Who confirms to say no to Bolton. means there is no discussion, no debate I want to say on the floor of the Sen- this? John McLaughlin, Deputy Direc- about what the truth is, where we are ate to Mr. Westermann I have never tor of the CIA, Stu Cohen, former act- going. We need to have diverse voices. met him, I do not know him, I do not ing chairman of the National Intel- But at the end of the day, people have know his politics—I want to say to ligence Council, and Alan Foley, Direc- to understand that when they are him: Thank you for the courage that tor of the CIA Weapons Intelligence speaking for the United States of you displayed in the face of a bully in Nonproliferation and Arms Control. America, they must speak the truth, as such a high-level position. We have not only the smoking gun, By the way, one of the things Sen- we know it at the time, based on the but the two victims. Now we have an- information we know. ator DODD did, and I thought he did it other person. Bolton also wrongly ac- brilliantly, was to point out that First, we have politicizing intel- cused Rexon Ryu—a highly regarded Bolton reached down, way down to Mr. ligence, which is a disaster. Then we midlevel State Department officer—of Westermann. That was not someone he have a pattern of retribution against withholding a document from him. worked with, that was a peer. He lower level employees, which I believe Eight months after the incident, reached down to this individual who leads to paralysis in the workplace. Bolton denied Ryu a significant new had never, in his whole career, had a When you have a circumstance where assignment working on the G8 summit. negative thing said about him, and Colin Powell had to come over to talk This is confirmed by John Wolf, former tried to twist his arm to get the intel- to these intelligence analysts and tell Assistant Secretary of State for Non- ligence he wanted, and when he could them, Don’t worry, we are with you, proliferation. not do it, tried to get him fired. That keep doing your job, do not be intimi- Of all the people you want to pro- is just the first one. So we have the dated, that is an extraordinary cir- mote, it would not be somebody who smoking gun with the testimony of cumstance, and that is what happened people in his own party say tried to po- Carl Ford, and then we have the vic- in the case of Mr. Bolton. He had so liticize intelligence, tried to dish out tim, Mr. Westermann. harmed the morale of the intelligence retribution on independent intelligence Mr. Bolton did not stop there. We agents, as Mr. Ford, a conservative Re- analysts and because someone did not refer to this gentleman as Mr. Smith publican testified, that Colin Powell give him a piece of paper, he denied because he is in the CIA. He is the na- had to take time out to go over and him a very important new assignment. tional intelligence officer for Latin speak to these analysts. Then, in 1994, we have a bizarre re- America. Bolton attempted to have This is not a question of partisan pol- port of Bolton allegedly chasing a him removed from his position because itics. This nominee has as many Re- woman through a hotel lobby in Mos- he disagreed with the views that publicans opposed to him as he does cow, pounding on her door, falsely tell- Bolton expressed about Cuba in a Democrats, and maybe even more. ing her colleagues she was under crimi- speech saying that the views Mr. So we have the politicizing of intel- nal investigation. How do we know Bolton wanted to express in his speech ligence which is very dangerous for our that? There is a contemporaneous ac- did not reflect the intelligence commu- people, and we have retribution against count provided by a colleague of this nity’s assessment. This incident shows lower level employees. When Mr. woman who said, yes, she called him how far Mr. Bolton would go to pres- Bolton was asked about this, he during that whole time and told him sure the intelligence community. brushed it off: Oh, I didn’t really, everything that happened.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5951 In addition to these examples, we . . . But the fact is he stands out, that he’s forms and searching for ways to cope better have learned that Mr. Bolton tried to got a bigger kick and it gets bigger and with proliferation crises and spurt of natural have a State Department lawyer re- stronger the further down the bureaucracy disasters and internal conflicts. moved from a case involving sanctions he is kicking. I talked about how unprecedented and tried to have two unnamed State And here is a quote from Lawrence this opposition is to such a post. Since Department officers removed over pol- Wilkerson, the former Chief of Staff to 1945, the Senate has confirmed 24 nomi- icy differences. Secretary of State Colin Powell, who, nees to serve as U.N. ambassador. Of So there is a clear pattern of politi- as we all know, was the Secretary of these 24, only 2 received any opposition cizing intelligence, which is dangerous State in George Bush’s first term. This and nothing of the level of opposition for this country, and seeking retribu- is really unprecedented, to get these we see to John Bolton. The people who tion against lower level employees. kinds of quotes from people who served received some opposing views were An- You know what I find very significant under Republican administrations drew Young and Richard Holbrooke. is that the reason John Bolton failed in about the Republican nomination. That was about pretty much it on the every one of his efforts, no matter how My objections to . . . him being our Am- list as I saw it. hard he tried—and we have the records, bassador at the U.N. stems from two basic Let me see if there is anybody else. he tried—is because another official things. One, I think he is a lousy leader. And That is it. All the rest, unanimous stepped in to stop John Bolton from his there are 100 to 150 people up there that have consent or everybody voted for them. to be led . . . Second, I differ from a lot of Unprecedented, polarizing, divisive, abusive behavior. One time it was As- people in Washington both friend and foe of sistant Secretary Ford who prevented and partisan appointment. Under Secretary Bolton as to his quote ‘bril- Now, there is a fourth reason I oppose the retribution from taking place, liance’ unquote. I didn’t see it. I saw a man again, a conservative Republican. In who counted beans . . . and had no willing- this nomination, and I hope my col- another instance, the Deputy Director ness—and, in many cases no capacity—to un- leagues will consider this. John Bolton of the CIA John McLaughlin, under derstand the other things that were hap- holds views on the U.N. and inter- this President George Bush, had to step pening around those beans. And that’s a rec- national law that shatter his credi- in when an analyst’s job was threat- ipe for problems at the United Nations. bility in the world. You want to send ened. Even Secretary Armitage, who This is Elizabeth Jones, former As- someone over there who doesn’t have was the Assistant Secretary to Colin sistant Secretary for European and to be babysat by Condoleezza Rice. You Powell, was forced to intervene to pre- Eurasian Foreign Affairs: don’t want to send someone over there vent Bolton from removing a State De- I don’t know if he’s incapable of negotia- who doesn’t tell the truth. You want to partment lawyer from a particular tion but he’s unwilling. send someone over there you do trust case. And here we want someone at the and who comes to the job with credi- Who is going to prevent Mr. Bolton U.N. to reform the U.N., to straighten bility. from handing out this type of retribu- out the U.N., to change it for the bet- I ask you this, my colleagues: Mr. tion when he is in New York managing ter, and you are sending someone who Bolton in a speech—and I have seen the 150 Americans? Secretary Rice has told is shown, as she says, as being unwill- actual film—said: Senator VOINOVICH that Mr. Bolton ing to negotiate and maybe even in- There is no United Nations. would be closely supervised as U.N. capable of it. ‘‘There is no United Nations.’’ We are Ambassador. How embarrassing is John Wolf, former Assistant Sec- going to send someone to the United that? How embarrassing is that, a U.N. retary of State for Nonproliferation, Nations who says there is no United Ambassador who has to be closely su- October 2001 to July 2004—so this is Nations. He also said: pervised by the Secretary of State. She very recent—says: If the U.N. Secretariate building in New is going to make sure he does not step I believe it would be fair to say that some York lost 10 floors, it wouldn’t make a bit of out of line. She has other things to do. of the officers within my bureau complained difference I want to quote Senator VOINOVICH in that they felt undue pressure to conform to Now, what kind of credibility does he the Foreign Relations Committee when the views of Under Secretary Bolton versus have walking onto the floor of the— he said: the views they thought they could support. even if he is babysat by Condi Rice, Why in the world would you want to send John McLaughlin, former Deputy Di- who says she is going to watch over someone to the U.N. that has to be super- rector of the CIA for a while. He was him—what kind of credibility does this vised? Acting Director before they put Mr. man have? He has this record of politi- We have a circumstance here, and I Goss in place. cizing intelligence. He has this record want to say to Senator VOINOVICH what It is perfectly all right for a policy maker of retribution. He has the most unprec- courage he has to step out on this and to express disagreement with an NIO or an edented opposition of anyone. what credibility he has. I have watched analyst, and it’s perfectly all right for them I see the Senator from Connecticut Senator VOINOVICH, and I never remem- to challenge such an individual vigorously, has come, and I thank him, Senator challenge their work vigorously. But I think ber him speaking out against a Presi- DODD, for working so hard on this. It is it’s different to then request because of the dential appointee ever. This is a mo- disagreement that the person be transferred not easy. Senator DODD rarely steps mentous and difficult thing to do for . . . Therefore [I] had a strong negative reac- out like this on a Presidential appoint- Senator VOINOVICH. But this leads me tion to the suggestion about moving him. ment. It is extraordinary. And when we to my third reason to oppose the And he was talking about Mr. Smith, look at the votes of all the U.N. ambas- Bolton nomination—not only politi- the intelligence analyst who Mr. sadors since 1945, only twice did we cizing intelligence, not only seeking Bolton tried to get removed from his even have anybody get a few ‘‘no’’ retribution, but unprecedented opposi- portfolio. I have told you about the let- votes. It is unprecedented. It is unprec- tion from both parties. I put into the ters the committee has received. The edented. And there are all these rea- RECORD already a list of 102 former am- committee never asked for these let- sons for it. bassadors who oppose this nominee, ters. A letter with more than 100 If you really want to reform the U.N., most of whom worked in the Reagan former diplomats who oppose the nomi- which we all do, we should not be send- administration, some in the Ford ad- nation. In the letter that I put in—I ing John Bolton. He simply does not ministration, the Carter administra- didn’t read the letter to you. I will just have the credibility to do it. He doesn’t tion, the George H.W. Bush administra- read it now in part. This letter is have the credibility to convince waver- tion. But let’s hear what some of the signed by people who served the Nixon, ing countries to be on our side. He has Republicans have said about Mr. Ford, Reagan, and George H.W. Bush been inaccurately compared to Jeane Bolton. Here are the comments of Carl administrations. Kirkpatrick. If you look at some of the Ford, self-described conservative Re- U.N. ambassador’s, former U.N. Ambas- [John Bolton’s] past activities and state- publican, former Assistant Secretary of ments indicate conclusively that he is the sador Jeane Kirkpatrick’s comments, State for their Intelligence Division wrong man for this position at a time when she talked about the following. She within State: the U.N. is entering a critically important said: He is a quintessential kiss up, kick down phase of modernization, seeking to promote U.N. votes matter because they affect sort of guy. There are a lot of them around economic development and democratic re- widely held views about perceptions of

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5952 CONGRESSIONAL RECORD — SENATE May 26, 2005 power, about effectiveness, and about legit- The PRESIDING OFFICER. The Is John Bolton the person who we imacy. clerk will call the roll. think can establish those personal rela- What did John Bolton say. He said: The assistant legislative clerk pro- tionships within the United Nations? Many Republicans in Congress and perhaps ceeded to call the roll. The relationships that we will need in the majority not only don’t care about los- Mrs. BOXER. Mr. President, I ask order to get Europe to help us with ing a General Assembly vote, but they actu- unanimous consent that the order for Iran, and in order to get help with ally see it as a make my day outcome. the quorum call be rescinded. North Korea. I think that answer is How does this bring John Bolton The PRESIDING OFFICER. Without clearly no. credibility? objection, it is so ordered. The stakes are high. That is why I I wish to take a moment to just ask Mrs. BOXER. I ask would ask the speak with passion. That is why I have my friend from Connecticut if he is time in the quorum be divided equally spoken with passion as a member of prepared to speak at this time because between both sides. the Senate Foreign Relations Com- if so, I would wind down. The PRESIDING OFFICER. The Mr. DODD. Mr. President, I say to mittee. Chair would note that has been re- But there is more. The ‘‘more’’ is the distinguished Senator from Cali- quested. It is so ordered. simple. Should John Bolton be pro- fornia, I came over to hear my col- Mr. NELSON of Florida. Mr. Presi- league’s remarks. I appreciate her moted based on his performance in his dent, I rise to speak on the nomination existing job as arms control nego- courtesy. of John Bolton. The question for me is, Mrs. BOXER. I thank the Senator. tiator? Should he be promoted? I think I have how many minutes remaining? in a position of exceptional importance the answer is clearly no because John The PRESIDING OFFICER. The Sen- to the United States and our Govern- Bolton has not done a good job. Look ator from California has 3 minutes re- ment, that of representative to the at those two nations I just mentioned, maining. world body—the United Nations, is North Korea and Iran. Have we gotten Mrs. BOXER. I ask unanimous con- John Bolton the kind of person who anywhere in our arms control negotia- sent to have an additional 5 minutes. I can best represent the interests of the tions with regard to those two coun- will close down in 3 minutes. United States? Is John Bolton the kind tries in the last 4 years when he was So we have reason after reason after of personality who can negotiate and Under Secretary for Arms Control? The reason here. Senator VOINOVICH laid talk and establish personal relation- answer to that is no. out the record. He read from the ships with the representatives of the Why should we be promoting an indi- record. I am going to close with some- other nations of the world as we try to vidual who has not done his job well thing I hope every single Member of carry forward the agenda of the United into a position of even higher visi- this Senate will listen to. John Bolton States? To those two questions, the an- bility—I will not say of greater impor- did not tell the truth to the com- swer is clearly no. tance—of higher visibility as a rep- mittee. I am going to repeat that. John There are examples of former rep- resentative of our country? It is clear Bolton did not tell the truth to the resentatives to the United Nations, to me that we should not. Foreign Relations Committee. He said nominated by Republican Presidents— If we didn’t have this deal here about he shrugged off the issue. He shrugged such as Ambassador Negroponte, such supporting the President’s nomina- off the issue with these people he tried as a former Senator and former Ambas- tions, do you think if Senators on that to fire. He said he just dropped by the sador John Danforth—who embody the side of the aisle voted their conscience, CIA on his way home from work. He type of person you would want rep- they would support this nomination? I said he didn’t try to dish out retribu- resenting our country before the think the answer is clearly no. Senator tion or try to fire anybody at all. He United Nations. VOINOVICH has had the courage to stand said a lot of things that weren’t true to This position is particularly critical up and call it as he sees it. I do not our committee. And that is very seri- to our country at this time because know Mr. Bolton, but I have observed ous. He wasn’t truthful with us. He two of the greatest threats to the in- him and I have observed his demeanor didn’t give us honest accounts. He terests of the United States are North and I have looked at his record. I think didn’t tell us the truth about how he Korea and Iran, and their pursuit of nu- his record is one that does not suggest tried on many occasions to fire these clear weapons. analysts. And if nothing else I have we elevate him to this position of ex- Clearly we have an interest in pre- treme prominence in the representa- said matters about the retribution, venting both countries from possessing about the twisting of arms to get intel- tion of the interests of the United the bomb, even though it looks as States before the United Nations, par- ligence to build up a phony case though North Korea already does. We against other countries, if the fact that ticularly at this delicate time when we ought to be making sure that at the need our best representative at the he said there was no United Nations end of the day North Korea does not doesn’t move you, or if that 10 stories United Nations. I think at the end of have weapons of mass destruction that were gone it wouldn’t matter, if you the day it is clear he should not be our they can proliferate all over the world, don’t care anything about that, I think representative at the United Nations. particularly into the hands of terror- you ought to care about telling the Therefore, I am going to vote no on the ists. truth before a committee of the Sen- nomination of John Bolton. The same with Iran. There is no evi- ate. And we have had chapter and I yield the floor. dence that Iran has a bomb now, but verse. We have it cold here. Mr. ENSIGN. Mr. President, I ask For all those reasons, I hope we will clearly the evidence is there that Iran unanimous consent that the time since not vote for John Bolton. And if we do is trying to achieve that. We need a Senator NELSON of Florida yielded the not get the information Senators BIDEN representative in the United Nations floor be charged against Republican- and DODD are pushing so hard for, we who can help us work with other na- controlled time. should delay this until we see that in- tions, particularly European nations, The PRESIDING OFFICER. Without formation because it is a matter of with regard to Iran. Also, we must objection, it is so ordered. right and wrong. It is right for us to focus on the nations in the region of Mr. ENSIGN. Mr. President, I rise in get that information. It is wrong for North Korea, so, at the end of the day support of the nomination of John the administration to withhold it. We these two countries do not have nu- Bolton to be U.S. ambassador to the are a separate but equal branch with clear weapons. This is in the clear in- United Nations. The President has the White House. terests not only of the United States, made an inspired choice. I thank my colleagues. I know this but it is in the clear interests of the Mr. Bolton has the necessary experi- was a long statement, but this is a very world. Otherwise, you raise the possi- ence, the knowledge of the U.N. system important issue. And it is not just one bility of nuclear weapons or nuclear and the confidence of the President to reason against John Bolton; there are materials getting into the hands of ter- be a successful advocate of U.S. policy about six. I hope I have laid them out. rorists. And once that happens, Katie at the United Nations. I thank you very much, Mr. Presi- bar the door, we would have a whole As Undersecretary of State for Arms dent. I yield the floor and note the ab- new and extreme threat to the inter- Control and International Security, sence of a quorum. ests of the civilized world. Mr. Bolton has taken a tough line

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5953 against the tyrants and the despots ment by two senior U.N. officials, the it will not work for our country at the who wish to harm us. High Commissioner for Refugees and U.N. He has stood up to Iran and North the United Nation’s top oversight offi- I yield the floor. Korea, refusing to appease their nu- cial. The PRESIDING OFFICER. The Sen- clear ambitions. This list of current scandals does not ator from Oklahoma. Mr. Bolton is candid about his dis- even begin to touch on broader issues Mr. INHOFE. Mr. President, I say to dain for rogue regimes. He’s not going such as the proper role of the United my friend, the junior Senator from Ne- to be dancing with Kim Jong Il—he Nations and the need for fiscal respon- vada, he is right on target as he always called him a tyrannical dictator. That sibility and austerity. There has been a is. The Senator is right: The policy of is fine with me. He has also been can- 42 percent increase in the U.N. regular appeasement is what we have been did about the weaknesses of the United budget over the past 10 years. The watching for a long time. I have often Nations. That is fine with me too. United Nations is supposed to have a said an appeaser is a guy who feeds his The United States has sent forceful, zero nominal growth budget. friends to the alligators hoping they blunt-speaking ambassadors to the Those funds support programs with eat him last. United Nations before like Jeane Kirk- questionable value. We are all pain- Hiram Mann said: patrick and Daniel Patrick Moynihan, fully aware that the United Nations No man survives when freedom fails, and the United States has been better has a Commission on Human Rights The best men rot in filthy jails, for it. And those who cry appease, appease which includes notorious human rights Are hanged by those they tried to please. Senator Moynihan called the U.N. ‘‘a abusers such as Sudan, China, Cuba, John Bolton is not that appeaser. I dangerous place’’ for American inter- Saudi Arabia, and Zimbabwe. ests. The United Nations is imploding am so much in support of this man. I have been listening to the criticisms, That is why it is necessary to send under the weight of its own scandals. and I cannot figure who they are talk- Mr. Bolton to the U.N.—to make sure And these scandals are helping to ing about. My feelings about John that American interests are advanced. unveil the cronyism that is corroding He is outspoken, but he also is a Bolton can be summed up by the the U.N. system. The U.N. is in des- skilled diplomat, who knows how to former Governor of Massachusetts, perate need of reform—and in desperate work with friends and allies, and has a William Weld. He is not someone I very need of a reformer like John Bolton. proven track record of success in build- often quote, very often agree with, but Perhaps most importantly, John ing coalitions to support vital objec- William Weld said: Bolton is a strong believer in sov- tives. He’s strong medicine, all right, but some- It was John Bolton who led the effort ereignty. times strong medicine is needed, such as it is to create the Proliferation Security The principle of state sovereignty is at the United Nations today. Initiative—a multinational coalition of what undergirds the entire inter- I think he is actually very correct in nations, working together in unprece- national system. that. My colleagues know I have many Yet today we see respect for state dented ways to stop the transport of concerns about the United Nations and sovereignty eroding all around us. We dangerous weapons and materials at about Kofi Annan. I have been quite see it in the International Criminal sea, on land and in the air. Some 60 na- outspoken and a critic of his and the Court’s claim of authority to try the tions are now supporting this effort. United Nations in general. It seems When he was Assistant Secretary of citizens of countries that have not con- every day we hear new reasons to ex- International Organization Affairs, sented to ICC jurisdiction. We see it in press outrage about the performance of with the United Nations as part of his the U.N. false claim to have sole au- the United Nations. portfolio, he was the one responsible thority to permit the use of force. There are clearly abundant problems for the repeal of the odious 1975 ‘‘Zion- These trends are dangerous, not only in the United Nations, particularly re- ism is Racism’’ resolution that was because the erosion of sovereignty is a lated to the Iraqi Oil for Food Pro- passed in the United Nations. threat to freedom, but because the ero- gram. We are not talking about thou- At a time when the United Nations sion of respect for state sovereignty ab- sands of dollars; we are talking about continues to be plagued by scandal and solves states of their sovereign respon- millions of dollars. We are talking mismanagement, the United States sibilities to deal with problems within about dollars with ties to the actual needs a strong presence to reform that their borders. family of Kofi Annan. body. It gives states an excuse to punt Do not get me wrong, the United Na- Just look at the scandals the UN is problems to supra-national bodies, like tions should be a tremendous force for facing on oil-for-food, sexual abuse, the UN and the ICC, instead of taking good in the world by providing a place theft, and sexual harassment: responsibility for problems that origi- for countries to cooperate and pursue We now know that Saddam Hussein, nate within their border from poor na- and achieve the original missions of corrupt U.N. officials, and corrupt well- tional governance. In the war on ter- the U.N. founders: to promote freedom, connected countries were the real bene- ror, every state needs to meet its sov- peace, respect for human rights. factors of the Oil-for-Food Program. ereign responsibilities. As sovereignty Unfortunately, it has been a disaster. They skimmed their illegal gain from has eroded, terrorists have taken ad- I have grave concerns about the means illegal oil shipments, financial trans- vantage of these trends. John Bolton that have been employed, reportedly, actions, kickbacks, and surcharges and has the fortitude to stand up for what to achieve those ends. allowed Saddam Hussein to build up his is right, fight the good fight, and pre- The U.N. peacekeeping missions have armed forces and live in the lap of lux- vail. been questionable. In addition, these ury while his people starved. Secretary Rice called John Bolton a operations rely heavily on the use of There have been allegations of sexual tough-minded diplomat. That’s exactly U.S. troops and funding in a way that abuse in peacekeeping operations by what the U.S. needs at the U.N.—-and threatens our military readiness and U.N. personnel going back at least ten exactly what the U.N. needs from the unfairly taxes our resources. years, most recently in the Congo U.S. Other serious concerns are questions where 150 allegations of rape, Let me conclude by reinforcing why about the focus of the United Nations pedophilia, and prostitution are being this body should support John Bolton’s on its inefficient structure and massive investigated. nomination. The U.S. does not need a bureaucracy which wastes American The theft of $3.8 million by an em- U.N. representative for the world. We taxpayer dollars. This is significant be- ployee of the World Meteorological Or- need a U.S. representative to the cause the United Nations operates by ganization led to the revelation that world. We need someone who has the collection of assessments and dues. Mohammed Hassan apparently cashed interests of our country first and fore- Each member of the United Nations is an undetermined number of checks for most in his mind as he represents us at required to pay a certain percentage of his own enrichment, but his colleagues the U.N. the organization’s budget based on chose not to speak out. There are many anti-U.S. forces at their size and based on their ability to There was a recent whitewash by the the U.N. Appeasement has never pay. I never quite understood the for- Secretary General of sexual harass- worked in dealing with aggressors. And mula.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5954 CONGRESSIONAL RECORD — SENATE May 26, 2005 Since January of 2001, the United The other day I was in the Congo and say a few words about that now. The States was assessed 22 percent of the I saw a fleet of cars, about 400 cars. I various political ploys used to hold up regular budget of the United Nations asked what they were. They had the Mr. Bolton’s nomination were frus- even though all nations, regardless of U.N. symbol. They were cars that were trating and ridiculous, and were based size, get the same vote in the General going to take the peacekeeping people on nothing more than personal dislike, Assembly. This leads to the situation to remote areas of Africa. attacks on this administration’s pol- where the United States is forced to I suggest for the reading of anyone icy, and a misguided and irresponsible both subsidize the United Nations and who is interested in that part of the vision for the United Nations. go along with many of the decisions country, ‘‘King Leopold’s Ghost.’’ It Now, I have heard criticism that that are against our national interests. tells what has happened in that coun- John Bolton should not be confirmed As Americans, we should have no try. I cannot help but believe that because he has opposed the U.N. activi- problem leading the way on the global many of these U.N. peacekeepers are ties and he has said negative things stage on issues of peace, human dig- continuing to abuse these people, as we about the United Nations. That is all nity, and liberty, but the U.N.’s action have seen in the past. the more reason we should confirm him in recent years has made it clear that I have spoken many times on this in this position. I often think how they the organization has lost its moorings. floor about the redundant and counter- say: Well, he doesn’t like the United Unless things change for the better, we productive bureaucracy that has been Nations. Why should we send him as will want to reevaluate our support. built up, layer upon layer, providing our representative? That is exactly the In addition to financial matters, cushy jobs with no accountability and kind of person who needs to be there to there are several other areas in which little, if any, transparency. And I have effect some changes. It is like saying, the U.N. has shown itself to be badly in also noted in the past the exorbitant if you have a prison, that you need to need of reform. I mentioned the oil-for- cost of the renovation of the U.N. head- have a convict running the prison. No, food scandal. We know about that. quarters, for which American tax- you do not. You need to have somebody That has received a lot of attention— payers are again footing the bill, we who is wanting to come up with some not enough but a lot of attention. think. These issues, and others like reforms. So we need somebody who will One of the elements of the oil-for- them, remain unresolved and will con- reform the mess that is up there. food scandal has not gotten as much tinue to undermine the U.N.’s legit- There are a lot of us who have said attention, and that is what Saddam imacy around the world. for a long period of time that we ought Hussein’s regime was doing with the There are so many things we hear to just get out, just give up, that the money they got by skimming from oil about over and over again, about the United Nations is not looking after our contracts negotiated under the pro- abuse of power of these peacekeepers best interests. I think with John gram. As we learned from Charles going in, but I would like to share with Bolton there that will change. He has a Duelfer’s Iraqi Survey Group report: you a personal experience. About 3 proven record of success. He will do a The ISG has been investigating Iraq’s pro- weeks ago, I was in Uganda, and in curement process, sources of finance, the in- great job. It is broke. He can fix it. We volvement of foreign firms, and the specific northern Uganda, on the southern need to confirm his nomination. types of goods that were sought, Iraq utilized Sudan border, there is a terrorist group Mr. President, I yield the floor. a complex and well developed procurement there that has been operating for 30 The PRESIDING OFFICER. The Sen- system hidden by an effective denial and de- years, with the same individual. They ator from New Hampshire. ception strategy. By the late 1990s, Iraq, in will go in and raid these camps, take Mr. GREGG. Mr. President, I wish to contravention of U.N. sanctions, pursued the these kids out—I am talking about 12- join my colleague from Oklahoma and procurement of military goods and technical year-old kids—and arm them with other colleagues who have risen today expertise for military capabilities ...... Money also was obtained from kick- guns, teach them to fight, and then to support the nomination of John back payments made on contracts set up send them back home to murder their Bolton to be our U.N. ambassador. through the U.N.’s Oil for Food Program. parents. And if they don’t do it, they The United Nations is a unique insti- Iraq derived several billion dollars between cut their hands off. tution, obviously. It is an institution 1999 and 2003 from oil smuggling and kick- Now, this is going on today. I saw it. which has gone through its good times backs. One senior regime official estimated I was there. Where is the United Na- and some bad times. Many of us, on our Iraq earned $4 billion from illicit oil sales tions? They are not there. They are not side of the aisle especially, have been from 1999 to 2002. By levying a surcharge on critical of the United Nations over the Oil for Food contracts, Iraq earned billions doing anything. I often wonder what more during the same period. they are doing. But something has to years for different activities, whether . . . this was revenue outside U.N. control happen to change all of that. they have been policy driven or, in and provided resources the regime could That is where this nominee comes in. some cases, just the operations aspects spend without restriction . . . After reviewing John Bolton’s creden- of the United Nations. But I think, at . . . Iraq imported banned military weap- tials, I cannot tell you how strongly I least for my part, I agree that it is an ons, technology, and dual-use goods through extremely important institution, that Oil for Food contracts. Companies in several endorse him. He has served as Under countries were involved in these efforts. Di- Secretary of State, is extremely quali- it represents an attempt by the com- rect roles by government officials are also fied to hold the position of ambassador munity of nations across the world to clearly established. to the United Nations, and has an im- find a forum where they can interact If this is the kind of program the pressive record as an accomplished and, hopefully, reach conclusions U.N. runs, I don’t know how anyone lawyer, diplomat, and scholar. which are constructive to mankind can get away with saying it does not My colleagues have extolled Mr. generally and especially address issues need serious reform. Bolton’s successes as a reformer in this which cannot and should not be ad- Another outrageous abuse of U.N. au- Chamber before. He has a reputation of dressed by nation states individually, thority took place in the Democrat Re- toughness, reliability, honor, and, yes, such as issues involving large expan- public of Congo. The U.N.’s own watch- tenacity. Because of these very rea- sions of disease, issues involving the dog department, the Office of Internal sons, I believe Mr. Bolton will be ex- treatment of children around the Oversight Services, investigated al- tremely effective in this position and world, issues involving the questions of leged abuse by the U.N. peacekeeping will best represent President Bush and war. forces in the northeastern Congolese the United States at the United Na- It is important we have a forum town of Bunia and found a pattern of tions. where nations can come together and sexual exploitation of women and chil- I have often watched the United Na- try to work together and, if they dis- dren which it said was continuing at tions and have wondered sometimes, agree, at least have the disagreements the time of the report. U.N. peace- who is on our side? I can assure you, be more transparent and, therefore, the keepers working in the Democrat Re- with John Bolton there, you are going ability, hopefully, to reach agree- public of Congo sexually abused girls as to have someone on our side. ments, and at least have the capacity young as 13. I have been to both Congos We have already spent a great deal of to temper those disagreements, which many time, and I have watched these time discussing the Democrats’ ob- is more probable of occurring as a re- things going on. structionism this week, so I will only sult of transparency.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5955 It is an institution which, by its very personality trait which people should fectively, and the President has picked nature, is going to have difficulty not have, then I guess there are a lot of John Bolton. reaching consensus and moving for- us here who should not be in the Sen- I have not heard anything from any- ward on extremely complex issues and ate. body that calls into question John issues which are intensely felt because The fact is, you have to be aggressive Bolton’s integrity or honesty. I heard a of the fact that it represents such a di- and you have to be willing to assert lot of people who expressed frustration verse collection of the world, almost your view and the views that you are about maybe how he manages individ- the entire world, for all intents and projecting as a representative of this uals, but that clearly is not the cri- purposes, nation states which all have country if you are going to be effective teria for rejecting a nominee to a Cabi- different purposes and interests. in making a case for this Nation. John net-level position. If it were, there But it is a very important forum, and Bolton will accomplish that in the would have been a lot of nominees re- it is something that we, as a country, U.N., in my opinion. In fact, it is his jected under every President who has clearly were one of the originators of type of personality in the sense of his ever nominated individuals because all in San Francisco after the war. It actu- willingness to aggressively advocate a of us have warts, and many of those ally is the outgrowth of Woodrow Wil- position which is consistent with our people who have been nominated to son’s concepts with the League of Na- promotion, as a nation, of liberty, de- Cabinet positions clearly had a number tions. We have helped it evolve and mocracy, and honesty within the man- of warts. grow, and we have basically under- agement of the U.N. ‘‘Honesty’’ may be So I do think it is inappropriate to written it. The American taxpayers, too strong a word, but at least more ef- pursue a filibuster in this instance. To for better or worse, pay approximately ficiency within the management of the have a policy disagreement with the 25 percent of all the costs the U.N. in- U.N. That will be the greatest strength President as to the way he approaches curs, whether they are operational that he brings to the table there. Peo- the U.N., that may be appropriate. costs or peacekeeping costs. That num- ple will understand clearly where That policy disagreement can be de- ber varies between those two accounts, America is coming from, and it is im- bated, but it should not ensue or lead but the number is very significant. portant they understand that. And the logically to a filibuster of an individual I used to chair the appropriating American taxpayer will know that we, who has a nomination to the position committee which had jurisdiction over within the hallways of the U.N., will because it is, after all, the President’s those funds, and it was frustrating at have someone who is going to advocate right to choose individuals to serve at times to send the money because I felt for efficient and effective use of those his Cabinet-level positions. Those indi- their actions in a number of areas, to tax dollars we are sending there. That viduals should be confirmed in a timely be kind, maybe involved a bit of mis- is our right, I believe, as taxpayers, to manner so that the President has the management, to be kind, and in other ask for that type of leadership within capacity to pursue foreign policy ini- areas were just misguided but were the U.N. tiatives and the leadership of this Na- part of the whole. So John Bolton, in my opinion, with tion on the issues of foreign policy As a participating member state, we his broad expertise in foreign policy with a full complement, a full team of have an obligation to support the insti- and with his commitment to promoting individuals to support his initiatives. tution and to try to correct it from this administration’s commitment to I do hope we will move forward to a within. How do you correct it from the promotion of liberty and the pro- final vote on Mr. Bolton this afternoon. within? I think this administration has motion of democracy across the globe, People who feel he is the wrong made a very aggressive effort to try to and to fighting terrorism, is the right choice—and they may have policy dif- make the U.N. more accountable, first person for this job. I regret he has been ferences with the President on how we in the area of operations, in the area of held up. And it appears Members of the are pursuing liberty and democracy just the basic management of the insti- other side intend to try to filibuster across the globe—can vote against him tution, reducing the amount of patron- his appointment. on that basis, but at least give him a age, reducing the amount of A President should have, just as a vote, and give him a vote promptly. misallocation of funds. This adminis- matter of policy, a person in the posi- Mr. President, I yield the floor. tration has focused aggressively on tion at the U.N. who is of his choosing. The PRESIDING OFFICER (Mr. EN- that. And secondly, this administra- This is the right of a President, to send SIGN). The Senator from Connecticut. tion has made a very aggressive effort a person to the U.N. who the President Mr. DODD. Mr. President, I rise to in the area of initiating policy, policy feels most effectively will advocate the speak on the nomination of John which may impact how we deal with policies of the administration because Bolton to be the U.S. Representative to AIDS in Africa, how we deal with the it is, after all, the President who has the United Nations. health care problems across the world, the primary responsibility of pro- Let me begin, briefly, by stating and the pandemics that are coming at moting foreign policy within our Gov- what this nomination and debate is not us, regrettably, and how we deal, obvi- ernment structure. It is not the respon- about. It is not about reform at the ously, with peacekeeping initiatives in sibility of the Congress, although there United Nations. There is not a single a variety of different pressure points are a lot of folks in this body who ap- Member of this body who I know of around the world, especially in the pear to think they are Secretary of who does not agree with the notion Middle East and in Africa and, of State. The fact is, the Constitution that we ought to be doing everything course, in the Balkans to some degree. does not provide that portfolio to the we can to make the United Nations a So we have, as a Government—and Congress, it provides it to the Presi- stronger institution, a more meaning- this Government specifically, the Gov- dent and the President’s appointees to ful one, in today’s world, where more ernment under President George Cabinet-level positions, which the U.N. direct actions can be taken where prob- Bush—aggressively pursued policies to ambassador position represents. lems exist around the world to make it try to focus the U.N. on trying to be a So it seems highly inappropriate that more efficient, to function better. All better managed place and being an in- we should be holding up his nomination of us agree with that, and all of us stitution which better, more effec- unless someone can show definitively agree that whoever assumes this posi- tively reflects policies of democracy that he does not have the personal in- tion as ambassador from the United and liberty. That has been our basic tegrity or the personal honesty to States to the U.N. ought to play a crit- theme in trying to work within the serve in the position. If individuals dis- ical role in that effort. That is not in U.N. structure. agree with his ability or his capacity question here. That is not a matter of John Bolton brings to the table the to carry out the job, that is not really debate. expertise necessary to continue that our call, unless that disagreement is a What is also not a matter of debate is initiative. He may be rough around the function of honesty, integrity relative the style of the particular nominee in edges on occasion. There is no question to the individual’s qualifications, be- question. I think all of us in this city about that. But there is also nothing cause in this instance it is the Presi- certainly respect the fact that some wrong with that. If being rough around dent’s right to pick the individual he people’s style is a little more brusque the edges on occasion is a detriment, a thinks can carry out the job most ef- than others, can be a little more blunt

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5956 CONGRESSIONAL RECORD — SENATE May 26, 2005 than others. I do not know of anyone, suasion or ideology, who tries to fire member of the committees should see certainly on this side of the aisle—or people, not debate, not disagree with these names, but that the appropriate that side, for that matter—who dis- them, not reprimand some higher offi- people we have designated historically agrees with a nominee because they do cial because he disagrees with what have access to that kind of information not particularly like their style, al- they are saying, but to reach down and for a nomination such as the one before though they may have been particu- fire an analyst at the CIA or the De- us. larly rough on some employees. We partment of State because you don’t I am still hopeful that will happen. I may not applaud it. We may not like like what they were telling you, in my am not so naive as to be unaware of it. We may think it is unwise and bad view, crosses a line. what we have just been through in the management style. But almost nobody This body has an obligation to the debate about filibusters on Federal in this Chamber on either side has ob- American public to stand up and say: judges. I would not have brought up jections to this nominee solely because We will not tolerate that. this nomination right now in the wake of the question of reform at the United This is far more important than Mr. of that. I thought we were going to Nations or whether Mr. Bolton’s style Bolton. It is far more important even deal with Federal judges, not the nomi- is objectionable or not. than this President or this Congress. nee to the United Nations. But the ma- The issue goes far beyond any indi- My objection to this nomination fo- jority, as is its right, sets the agenda. viduals. It goes to the heart of whether cuses on one single issue. Members will They have asked this Congress, this we are going to have credible intel- have to decide for themselves whether Senate to debate the issue of Mr. ligence which we, as Members of Con- they think this issue is of such impor- Bolton. tance that it would disqualify Mr. gress, can believe, and our allies I am put in the position of saying: I Bolton from the position he has now around the world, and from those we guess after all of this you can do what been nominated to or allow him to go seek to find support on various foreign you want and deny us that informa- forward. policies who will understand the pur- The facts are no longer in debate. It poses for which we are seeking their tion. I would hope some of my Repub- is often said in this Chamber, you are support. That is what I worry about lican friends, despite the fact they are entitled to your own opinion, but you more than anything else. going to vote for Mr. Bolton, would are not entitled to your own facts. The Yesterday I spoke on the floor about vote with us on the cloture motion. I facts are overwhelming in terms of the the availability of information. The took some interest in the fact that allegation that Mr. Bolton, whatever reason I had requested, and that we even on the House Republican side, the his motivations may have been—and I have an expedited version of a cloture difficulty that major committees of suspect I know what they were—de- motion, doesn’t have to do with wheth- the Congress, both the House and the cided that because he disagreed with er or not Mr. Bolton should have an up Senate, are having in getting informa- some intelligence analysts, he wanted or down vote. I want to have an up or tion from this administration is grow- them removed from their jobs. down vote on Mr. Bolton. But I also be- ing. If we don’t at some point stand up I have never objected, nor would I—in lieve this body has a right to informa- for our rights as a constitutionally des- fact, I agree with my colleague from tion. ignated coequal branch of Government, Michigan who spoke so eloquently, When the chairman of the Intel- then this administration will receive that, in fact, there ought to be more ligence Committee and the vice chair- the message that we don’t care about debate between policy centers and in- man of the Intelligence Committee are this and that we can deny this Con- telligence analysts. What was missing deprived the opportunity to read the gress anything we want and they will during the debate on Iraq, as to the names on the intelligence intercepts, do nothing about it. issue of weapons of mass destruction, the names Mr. Bolton could see, that So aside from how you feel about Mr. was the absence of debate between pol- his staff could see, but that the chair- Bolton, yes or no, it is important for icymakers and intelligence analysts. man of the Intelligence Committee and this institution to stand up for its None of us, that I know of, disagree the ranking member, the chairman and rights and to demand this information with the notion that there ought to be ranking member of the Foreign Rela- as we have a right to. more debate. Where policy setters dis- tions Committee are deprived the op- I am hopeful we can still get the in- agree with intelligence analysis, they portunity to see, then we are not get- formation and not have to go through a ought to express that objection and tell ting the information we ought to have cloture vote at 6 o’clock this evening. in order to make an intelligent deci- people they think it is wrong. But if Let me get back to the subject mat- sion. you go beyond just disagreeing, if you ter of Mr. Bolton himself. The reasons go beyond forceful debate, if you reach The only vehicle I have available to me is to say, I am going to insist upon for my concern are primarily focused down and decide you are going to re- on one issue. That is, of course, wheth- move or try to remove an intelligence a 60-vote criteria unless you give us the information. It is 11:20. I am still wait- er Mr. Bolton tried to fire people with- analyst from their position because in the CIA and the State Department you don’t like what they are saying to ing. There is no reason for us to have to have a cloture vote this afternoon. because he did not like the analysis you, that then crosses a line. they were giving him. I don’t care whether it is a Demo- Instead, we can have a simple up-or- cratic administration or a Republican down vote on Mr. Bolton at 6 o’clock What is extraordinary about this one. If this body, by a vote of confirma- tonight, if in the next hour or two the nomination, first and foremost, is the tion says to a person who seeks the po- administration would release those number of people on whom we have re- sition of ambassador to the United Na- names to the chairman and ranking lied, considering their status, who op- tions, that even though you have tried member of the Intelligence Committee, pose this nomination. I would like to to fire intelligence analysts because and the chairman and ranking member read the names. I am not suggesting all you disagreed with their analysis, then of the Foreign Relations Committee, of these people are opposed to Mr. I think we send a dreadful signal at the and the information Senator BIDEN is Bolton, but the basis upon which we very time in the world that our credi- seeking regarding the matter of the have determined that Mr. Bolton tried bility on intelligence is in question. supposed weapons of mass destruction to fire two intelligence analysts relied We all know that to be the case, re- in Syria. There are not a lot of docu- primarily on the names on this par- grettably. We have been through a ments. It wouldn’t take much time. ticular chart. I want to read the names dreadful period where intelligence was But if we can’t get those documents, if and the positions they hold. It was very wrong in assuming there were we are not being allowed to see the these individuals, more than anything weapons of mass destruction in Iraq. very things the nominee had a right to else, who made a significant difference So the issue for this Senator is, did Mr. see, then I don’t think we are being in our conclusions that Mr. Bolton had, Bolton do this or not? And if he did, treated as a coequal branch of Govern- in fact, tried to fire these individuals. why are we even considering this nomi- ment that has a right, through the ap- John McLaughlin was the Deputy Di- nation? Because anyone, regardless of propriate means, with the appropriate rector of the Central Intelligence the administration, their political per- members. I am not suggesting every Agency.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5957 These individuals are either pres- are not some left-wing organizations U.S. intelligence and the firewall that ently members of the Bush administra- that are out there objecting to John must exist between policy and intel- tion, this President, or were formerly Bolton. These are serious people who ligence to ensure the integrity of that members of the Bush administration. do a serious job, many of them career intelligence. Again, I emphasize, this is Larry Wilkerson was chief of staff to officials who have served our country not about a disagreement. It is not Secretary Colin Powell; Robert with great distinction over the years. about a policymaker disagreeing with Hutchings, Chairman of the National These individuals are the ones on an intelligence analyst. Intelligence Council. The dates of their whom we relied to draw their conclu- Intelligence analysts do not speak ex service are here. They are all dates sion. cathedra. They are not sitting there that run roughly 2002, 2003, up to the I am going to share with my col- coming to conclusions that we ought present time, or just a month or so leagues their statements, not mine, not not to question. That is legitimate. In ago. the names of some Democrats who fact, we need more questioning. The Stuart Cohen, Acting Chairman of might have some political motivation issue is whether one ought to go be- the National Intelligence Council; Alan but, rather, people who care about our yond questioning and decide to remove Foley, head of the CIA’s Office of country, care about the United Na- someone because you disagree with Weapons, Intelligence, Nonprolifera- tions, believe it needs reform, believe their conclusions. tion, and Arms Control; Jamie Miscik, we need a strong person there to en- When this committee convened last Deputy Director of Intelligence at the gage in that kind of reform, but believe month to consider the matter, we had CIA; Thomas Hubbard, United States John Bolton is not the person who irrefutable evidence—this is not con- Ambassador to South Korea, a Bush ought to be receiving the nomination. jecture—and this body has to decide appointee; John Wolf, Assistant Sec- The committee did an extensive re- whether you are going to send this man retary of State for Nonproliferation; view of all the allegations related to forward in the face of irrefutable evi- Tom Fingar, Assistant Secretary of this nominee. Committee staff, on a bi- dence that on 5 different occasions over State for Intelligence and Research; partisan basis, conducted more than 30 the past 48 months, Mr. Bolton tried to Christian Westermann, analyst for the interviews of individuals with knowl- have 2 intelligence analysts removed State Department’s Bureau of Intel- edge of the nominee. There was excel- from their jobs—one at the State De- ligence and Research; Neil Silver, Of- lent cooperation on the part of most of partment and one at the CIA—because fice Director, Bureau of Intelligence those staff we sought to interview. I these individuals would not clear the and Research; INR supervisor, we don’t believe the work of this Senate has language Mr. Bolton wanted to use, use his name here, the immediate su- been assisted by these individuals who which was not supported by available pervisor of Mr. Westermann; Fred courageously came forward to answer intelligence. Fleitz, acting chief of staff of John questions and provide information that I emphasize another point that needs Bolton; Wil Taft, Department of State in many cases they would rather not to be made. When Mr. Bolton speaks as legal advisor; and a Department of have done. These individuals did not John Bolton, he can say whatever he State attorney whose name we are not want to speak ill of another Republican wants. But when he gets up and says, using as well in the office of legal advi- or a former colleague. But they acted ‘‘I am speaking on behalf of the United sor. as dutiful citizens, patriots, and co- States,’’ then there is a different stand- These are 15 individuals either pres- operated with the committee’s efforts ard. When you speak on behalf of our ently serving in the Bush administra- to fully explore matters related to the country, you cannot just say anything tion or having previously served. It is nomination of John Bolton. Regardless you want. You have to rely on the best on them that we relied. It is their of how this Senate disposes of this intelligence we have. You may disagree damning statements that confirm nomination, these individuals have with that and you can fight over it, but without any question that Mr. Bolton done a service to our country. We in the final analysis you cannot offer essentially tried to have these intel- should honor them for doing so, for your own opinions when you are ex- ligence analysts fired. They also pro- having the courage to come forward pressing them as the U.S. views. You vided other damaging information. and to be honest when asked questions can say John Bolton believes this. If I have been a member of the Senate about this nominee. Mr. Bolton wants to speak to the Her- Foreign Relations Committee for 24 Mr. Bolton’s behavior clearly trou- itage Foundation and say, ‘‘I believe years. Those who have served with me bled a number of people who have the following,’’ I may think he is pro- know it is rare, indeed, for this mem- worked directly with him over the last foundly wrong, but I would fight with ber to get up and object to a Presi- number of years. my life for John Bolton to be able to dential nomination, particularly one Former Assistant Secretary of State say it. That is first amendment rights. that is not a lifetime appointment. In Carl Ford, a self-proclaimed conserv- It is when Mr. Bolton gets up and fact, as my colleagues who have served ative Republican, described Mr. Bolton says, ‘‘I am speaking on behalf of the with me for some time know, I have as ‘‘the quintessential kiss-up, kick- United States of America and I want to been one of only a handful who have down sort of guy.’’ He also labeled Mr. say the following,’’ and then he abso- supported nominees of Republican ad- Bolton a ‘‘serial abuser.’’ lutely contradicts what is being con- ministrations. I was one of two Demo- We did not hear from any people dis- cluded by the intelligence analysts crats who supported John Tower when abusing the committee of that view. here, at that point, it seems to me he he was nominated to be Secretary of That he has an abusive management has a higher responsibility than he has Defense under President Bush’s father. style is problematic, but as I said at shown. I supported John Ashcroft in the first the outset, that would not be justifica- Carl Ford’s testimony was a water- administration of the current Presi- tion for voting against Mr. Bolton to shed for me. Never in my 24 years as a dent Bush, one of only a handful of be the ambassador to the United Na- Senator have I ever witnessed one Democrats who did that. tions. This is not about style. It is not high-ranking, former administration I tried to recall an instance when I about reform of the U.N. It is about official testify as vociferously and as have taken such a strong objection to whether this individual tried to fire in- strongly as Mr. Ford did against a col- another nominee in 24 years. I can’t re- telligence analysts in his position as league. That is exactly what he did last call one that has gone this far. I have Under Secretary of State. month. Carl Ford made it clear why he had my objections to others, but they However, when Mr. Bolton harnesses did so. He believed Mr. Bolton’s actions usually didn’t reach this particular that management style of his, as he caused a chill among his intelligence point. So it is uncomfortable for me to has over the last 4 years, to affect in- analysts—so much so that the Sec- come to the floor to engage, over al- telligence judgments or to stifle the retary of State, Colin Powell, had to most the last 2 months, in this nomina- consideration of alternative policy buck up the employees to assure them tion. But when you add the names of opinions, then I think he has crossed that they should not succumb to polit- 102 former ambassadors, 15 present or the line over what is acceptable behav- ical pressure. former members of the Bush adminis- ior. Why? Because those actions go di- Because we have talked a lot about tration, these are not Democrats, these rectly to the heart of the integrity of this, I used this chart in the Foreign

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5958 CONGRESSIONAL RECORD — SENATE May 26, 2005 Relations Committee. I realize from a trouble, start to agree with Mr. Bolton Latin America, banning him from all distance it looks like a lot of spaghetti. when he disagrees with you; that is the meetings held in their bureaus. And What it amounts to is the chart of the easy thing to do. If he tells the analyst the ultimate act of pettiness—consider positions of the State Department, be- you ought to say the following, you revoking his State Department build- ginning with the Secretary of State, better say that. If you do, you won’t be ing pass. Deputy Secretary of State, Chief of brought up to his office and bellowed I am not making this stuff up. He State, Executive Secretary, and the at. That is dangerous and that is one of said he had ‘‘one part of one conversa- various Under Secretary positions the reasons we have such concern tion with one person one time, and I let here. The third one is Mr. Bolton, about this nomination. it go.’’ Under Secretary for Arms Control and As I said, this was the conclusion of Hardly. The facts are overwhelming International Security Affairs. That is Secretary Powell, according to Mr. here regarding what he tried to do both his responsibility, this group right Wilkerson, his chief of staff. Mr. at the State Department and the CIA. here. He was in charge of the people Wilkerson, who was the chief of staff of We have also learned that other in- who worked in this particular column. Secretary Powell, testified before the telligence analysts were having dif- Where did that intelligence analyst staff of the Foreign Relations Com- ficulties with Mr. Bolton’s office. work? He worked down here. You have mittee the following: Secretary Powell Jami Miscik, Deputy Director for In- to go way down to the Assistant Sec- ‘‘went down into the bowels of the telligence, 2002 to 2005, in the Bush ad- retary for Intelligence and Research, building and talked to people about not ministration, told the committee staff Carl Ford, who was head of the INR. being inhibited by, or in any way fear- that Mr. Bolton had a reputation for This intelligence analyst was down ful of, people on the seventh floor, or being difficult to deal with. She noted here; that is where Mr. Westermann leadership in general, questioning their that ‘‘interaction between policy- worked. He was not directly in Mr. analyses or their statements or what- makers and the intelligence commu- Bolton’s line of command, but in a sep- ever.’’ nity usually goes more smoothly than arate division. He is a GS–14 at this Mr. Bolton had a very selective recol- it often did . . . in the cases with Mr. level. lection about his interactions and in- Bolton . . . It is rare that . . . a single You need to understand what hap- tentions with respect to intelligence policymaker is known for having . . . pened here. This was a case where Mr. analysts at the State Department and pretty regularly contentious kinds of Bolton doesn’t get ahold of Mr. Ford the CIA during his appearance before issues in this regard.’’ and say: I have a problem with your in- the committee. We know as well that expert intel- telligence analyst because I disagree Mr. Bolton told the committee: ligence officials disapproved of and re- with what he said. I think he is wrong I didn’t seek to have these people fired. I sisted Mr. Bolton’s efforts to ‘‘cherry- and I want to argue about it. didn’t seek to have discipline imposed on pick’’ intelligence for ideological pur- Mr. Bolton reaches down out of his them. I said, ‘‘I’ve lost trust in them.’’ And poses. line and drags this guy up to his office are there other portfolios they could follow. Dean Hutchings, Chairman of the Na- and begins to berate him for the job he It wasn’t anything to me that I followed at tional Intelligence Council, 2003 to 2005, has done. That is objectionable to me, great length. I made my point and moved on. described the ‘‘cherry-picking’’ prob- and outrageous. If it ended there, that Committee staff interviews and re- lem in the context of what Mr. Bolton is dreadful behavior and nobody ought view of State and CIA documents paint wanted the Intelligence Committee to to do that without clearing what you a very different picture indeed. What is bless with respect to Syria’s weapons want to say with the people who are re- that picture? of mass destruction capabilities: sponsible for that individual’s work. If First, with respect to Mr. Mr. Bolton took isolated facts and made it ended there, maybe I would just vote Westermann. Six months after this much more of them to build a case than I against the nominee and I would not event I have described on the chart thought the intelligence warranted. It was a make the case on that basis alone. It is with—this run-in occurred, Mr. Bolton sort of cherry picking of little factoids and what happens afterward. It is not just was still seeking to have Mr. little isolated bits that were drawn out to present the starkest possible case. berating. There is no doubt that there Westermann removed from his job as would be chill in the Department if an the biological weapons expert analyst We also know that Deputy Secretary Under Secretary of State dragged an at the Intelligence and Research Divi- Armitage didn’t trust Mr. Bolton’s intelligence analyst to his office and sion of the State Department. judgments when it came to making word goes out. As we all know, in insti- Mr. Bolton’s recollection about what public speeches. We have heard this tutions the word flies around imme- he did with respect to the CIA analyst from others, such as GEORGE VOINO- diately. One of our fellow workers has was likewise clouded on April 11. As to VICH, as well as CARL LEVIN, as well as been dragged up to the Under Sec- the so-called ‘‘Mr. Smith,’’ as we called BARBARA BOXER and others, who have retary’s office and screamed at because him to protect identity, Mr. Bolton spoken on this matter. he didn’t like his conclusions. That is said: Mr. Wilkerson, Secretary Powell’s chief of staff, told the committee: why Colin Powell, the guy at the top, I had one part of one conversation with one had to go down to these offices—down person one time on ‘‘Mr. Smith,’’ and that There were problems on a number of occa- here on the chart—and explain to them was it. I let it go. sions with Under Secretary Bolton’s pro- posed remarks. . . . The Deputy, Mr. that they did the right thing. You, Mr. We now know that much more than Armitage, made a decision and commu- Westermann, did the right thing. You that occurred. Let me lay it out for nicated that decision to me, that John are not supposed to succumb to polit- you. Bolton would not give any testimony, nor ical pressure. You tell people what In addition to a meeting with the would he give any speech, that wasn’t they think they need to hear, and if Acting Chairman of the National Intel- cleared first by Rich Armitage. they don’t like it and disagree with ligence Council, we now know from e- With all of the other duties Deputy you, that is one thing. But you did the mails that Mr. Bolton considered rais- Secretary Armitage had in managing right thing. It was wrong by implica- ing the matter directly with the Direc- the Department in Secretary Powell’s tion, because why would the Secretary tor of the CIA, George Tenet. We know absence, he also felt he had to babysit of State go down here and bring these as well that he continued to conspire Mr. Bolton because the normal clear- analysts together and remind them with former Assistant Secretary of ance procedures established by the De- that they had done their job if he felt State Otto Reich and his office for a partment didn’t work with Mr. Bolton. Mr. Westermann being dragged up to period of 4 months after he first ‘‘lost Yet, this body is now being asked to Mr. Bolton’s office was not wrong? confidence’’ in ‘‘Mr. Smith’’ to have vote to send Mr. Bolton to New York, That is why the Secretary of State did him removed from his job. where he will be unsupervised on a that. He went down there to tell those Also under consideration by Mr. daily basis. Lord only knows the kind people not to worry about this, do your Reich and Bolton were other punitive of problems that can ensue with Mr. jobs. I think the Secretary was worried measures—we know this now—such as Bolton, given his past performance. that the word would go out to these an- denial of country clearance for Mr. Individuals under Bolton’s direct line alysts that if you don’t want to get in Smith’s official travel throughout of authority also took issue with the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5959 rigidity of his views. John Wolf, former Nations that have to be led; they have to be sistance and cooperation to address Assistant Secretary of State for Non- led well, and they have to be led properly. them, and the logical focal point for proliferation and a career diplomat, And I think, in that capacity, if he goes up addressing that international support told committee staff that Mr. Bolton there— is the United Nations. It makes sense. ‘‘tended to hold onto his own views Speaking about Mr. Bolton— But international support will not be strongly and . . . he tended not to be you’ll see the proof of the pudding in a year. automatically forthcoming and will re- Second, I differ with a lot of people in enthusiastic about alternative views. quire, as we all know, U.S. leadership And he did not encourage us to provide Washington, as to his brilliance. I didn’t see it. I saw a man who counted beans . . . had at the U.N. to build the case for such our views to the Secretary.’’ no willingness—and in many cases no capac- cooperation. That U.S. leadership must Again, I am not arguing about some- ity to understand other things that were necessarily be embodied in the indi- one’s style here. But when you have 125 happening around those beans. And that is vidual who serves as our ambassador to employees at the U.N. and the only just a recipe for problems at the United Na- the United Nations is obvious. things you want to hear are the things tions. Based on what I know today about you agree with, that is a management These are very serious conclusions Mr. Bolton, I believe he is incapable of style that is dangerous for a person from an individual who was a loyal and demonstrating that kind of leadership. who is going to work with all of the na- trusted member of Secretary Powell’s tions we have to build relationships The ambassador to the United Nations team, and they go to the heart of is a very important position. The indi- with in the U.N. We all do this as Sen- whether Mr. Bolton has the capacity to ators. We know when a staff member vidual who assumes that position is carry out his duties at the United Na- necessarily the face of our country be- gets up and wants to tell us an alter- tions. This is not about whether we native view, it is uncomfortable. We fore the world. like the nominee’s views on the United For all the reasons I have cited—Mr. would like them to agree with us. We Nations, arms control, or Cuba. He is also know how vitally important it is Bolton’s management style, his attack entitled to his personal views about as Senators that people in our offices on the intelligence community, his any of those matters, and he should not who have the willingness to stand up tunnel vision, his lack of diplomatic be disqualified from any office because and know when they do, they are not temperament—I do not believe he is he has them. But for the interests of going to be threatened with their jobs, our man to be the face at the United or considered for removal because they the United States to be served at the Nations. are telling us something we don’t want United Nations, there has to be a bal- But of all those reasons, I come back to hear. We understand the value of ance between ideology and prag- to the one I made at the outset. It is that. Mr. Bolton doesn’t. That is dan- matism. not about style, it is not about reform The individual on the spot in New gerous. at the United Nations, it is not about York will be called upon, from time to Mr. Wolf said: Mr. Bolton’s views on a variety of sub- time, to strike that balance. He also Some of the officers within the non- ject matters. Our colleagues have to must have the credibility to make the proliferation bureau complained that they make a decision. We now know, cat- best case for the United States before felt undue pressure to conform to the views egorically, without any question what- of the Under Secretary, versus the views that international body. These things soever, that this nominee tried to fire that they thought they could support. are at the heart of effective diplomacy. intelligence analysts at the Central In- That is a dangerous statement, that Ambassador Negroponte was able to telligence Agency and the Department we have somebody who is about to take strike that balance between ideology of State. That evidence comes from his on a position who would make others and pragmatism and have the credi- own colleagues, from people with whom feel they were unfit or are being pres- bility to make the case of the United he has served, not from outside groups sured to conform their views. States before the U. N. Security Coun- All of these matters I have just men- cil. Senator John Danforth, a former or members of this body. tioned cause me grave concern about colleague, was able to do so as well. The decision for our colleagues today this nomination. But what troubled me Based on what we have learned about is whether or not we promote someone the most were the devastating com- Mr. Bolton in recent days, I seriously who has done that and what message it ments made by Secretary Powell’s doubt he is willing or able to strike sends to the analyst community, what chief of staff, Mr. Wilkerson, an indi- that balance, and I now know, given message it sends to our allies, and vidual who on a day-to-day basis was in his penchant for stretching intel- what message it sends to our adver- a position to know what was going on ligence and pressuring analysts, that saries, for that matter, around the in the Department and what foreign his credibility will be challenged by globe. That this individual who en- policy challenges the Secretary of other U.N. members. gaged in such reprehensible behavior, State was attempting to manage. Our colleagues brush aside this prob- in my view, should be given the posi- This is what he has to say about Mr. lem by saying Mr. Bolton will be get- tion of U.N. ambassador to represent Bolton’s single-minded preoccupation ting his instructions from Secretary the United States at this critical hour, with sanctioning every Chinese entity Rice. Mr. President, that is just not re- I think is a massive mistake. he could find which might have vio- alistic at all. Much of the guidance Again, I am still hopeful that in the lated nonproliferation standards: that is developed for our U.N. ambas- remaining hours of this debate, the ad- Are we actually stopping China’s prolifera- sadors is developed cooperatively be- ministration will see fit to provide the tion through sanctions that was dangerous tween Washington and New York. What additional information for which we to our interests? Or are we doing it, and ig- gets said at the United Nations by a have asked for almost 2 months. I re- noring problems that cry out for cures, dip- gret deeply having to ask my col- lomatic? The one time I had a conversation representative is, in large measure, with John about this, I asked him, ‘‘How do shaped by our reporting from our mis- leagues to vote on a cloture motion. I you go beyond sanctions, John? War?’’ Mr. sion in New York. I feel Mr. Bolton will have said, if cloture is invoked, we will Bolton replied, ‘‘It is not my business.’’ be incapable of making the kind of vote immediately on Mr. Bolton. If it is Mr. Wilkerson also explained to our judgments that move the diplomatic not invoked, it will layover, and we committee staff why he believes Mr. process forward. will continue to try to get the informa- Bolton is ill suited for the U.N. posi- We all know these are difficult times. tion. tion. I am quoting Mr. Wilkerson, Sec- Our responsibilities in Iraq and Af- I have no desire to filibuster this retary Powell’s chief of staff. This is ghanistan are significant and costly. nomination. I do have a desire to see not some liberal left-leaning Senator Other challenges to international the Senate stand up for its rights when or Congressman or columnist talking peace and stability loom large on the it seeks information—information the about Mr. Bolton. This is the former horizon—Iran, North Korea, the Middle nominee had access to but the chair- chief of staff of a Republican Secretary East. The humanitarian crises in Afri- men and ranking members of the Intel- of State under George Bush—this ca and Asia cry out for attention. The ligence Committee and Foreign Rela- President’s administration: United States cannot solve these prob- tions Committee were denied. That is a One, I think he’s a lousy leader. And there lems all by ourselves. We know that. precedent we need not make with this are 100 to 150 people up there at the United We need tremendous international as- decision.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5960 CONGRESSIONAL RECORD — SENATE May 26, 2005 My hope is our colleagues will sup- his letter to our colleagues last ing time is divided between the Sen- port the opposition on the cloture mo- evening, the chairman of the Intel- ator from Maryland and the Senator tion and, if we get a vote on Mr. Bolton ligence Committee very honestly from Massachusetts. today, we reject this nominee. There pointed out that the names of the 19 in- Mr. DODD. And Senator REED from are many qualified, blunt, forceful peo- dividuals in the 10 intercepts he sought Rhode Island also seeks some of that ple who can assume this job who em- are redacted. The only pertinent infor- time. Just Senator REED and Senator brace the President’s view on foreign mation is those names and the motiva- KENNEDY. The Senator Maryland has policy and who will do a very good job tion Mr. Bolton had in seeking that in- time. at the United Nations. John Bolton is formation. The PRESIDING OFFICER. Without not that individual. The heart of the request—even the objection, it is so ordered. The Senator Mr. President, I yield the floor. Intelligence Committee chairman can- from Maryland. Mr. SARBANES. Will the Senator not see it. Yet Mr. Bolton could see it, Mr. SARBANES. Mr. President, first, yield for a question? his staff could see it. But the chairman I commend the very able Senator from Mr. DODD. I will be happy to yield. of the Senate Intelligence Committee Connecticut not only for his statement Mr. SARBANES. Mr. President, I is not allowed to see it. Every Senator on the floor, but the very reasoned and commend the very able Senator from ought to be outraged about that. If we judicious way he has proceeded in con- Connecticut both for his statement and let them get away with it here, they sidering this nomination. I join with those who think the re- for the letter that he and the ranking will get away with it every single day fusal to provide the information con- member of the committee, Senator hereafter. Either we stand up for our stitutes a sufficient basis not to invoke BIDEN, sent to a number of us about the rights as a Senate, as a coequal branch cloture while we continue to press the necessity of trying to get these mate- of Government, or we do not. administration to provide the informa- rials which we have sought. Mr. SARBANES. Will the Senator tion the Senate needs in order to do its Clearly the Congress needs this infor- from Connecticut yield? job. mation in order to do its job. The posi- Mr. DODD. Yes, I yield. I spoke yesterday with the distin- tion of the Senator from Connecticut Mr. SARBANES. It is not every sin- guished Ranking Member of the com- on the cloture motion, as I understand gle day hereafter for this administra- mittee, Senator BIDEN, on the floor it, is that we ought not to invoke clo- tion; it becomes a precedent for every about this issue, and I have done so ture and move to a vote on Bolton administration. And I suggest to all again here today with my friend, the until the material is provided. If the Members of the Senate that they may Senator from Connecticut. I strongly material is made available and we are find themselves, down the road at some urge my colleagues to take that posi- in a position to make judgments, then point, seeking information they think tion because it is a very important I take it we can move forward in the is relevant and having it denied to question of the role the Senate should normal course of the debate toward a them by the executive branch, citing play, and whether we really are an final vote on Bolton’s nomination; is the refusal to provide the information independent branch of the Government that correct? in the Bolton case as a precedent for that will act to carry out our respon- Mr. DODD. Mr. President, in response the action they are taking. sibilities. to my friend and colleague from Mary- Mr. DODD. Again, the Senator from Let me now address the substance of land, that is exactly the point. Maryland is absolutely correct. These the Bolton nomination. In the 60 years Mr. SARBANES. That strikes me as issues come back and come around and since the founding of the United Na- an eminently reasonable position. It the word spreads: You can get away tions, a number of extraordinarily dis- needs to be made clear that there is with this. It is not just this adminis- tinguished men and women have been material the executive branch is refus- tration. The Senator is correct. Future chosen to represent us in that body as ing to make available to the Senate, administrations will use this as an ex- the U.S. ambassador: , and which we need in order to be ade- ample of why they do not have to com- Henry Cabot Lodge, Jr., James Wads- quately informed in carrying out our ply with the request because previous worth, Adlai Stevenson, Arthur Gold- responsibilities of advising and con- Congresses allowed this information to berg, George W. Ball, James Russell senting on this nomination. be kept secret when Senate commit- Wiggins, , George Bush, Mr. DODD. Mr. President, if I may tees were seeking it. John Scali, Daniel P. Moynihan, Wil- respond to my colleague from Mary- Mr. President, may I inquire how liam Scranton, Andrew Young, Donald land, I was going to recite to him—be- much time I have remaining? McHenry, Jeane Kirkpatrick, Vernon cause I think some of my colleagues The PRESIDING OFFICER (Mr. GRA- Walters, Thomas Pickering, Edward may think this Senator from Con- HAM). The Senator has 19 minutes. Joseph Perkins, , necticut has raised this issue in the Mr. DODD. I ask unanimous consent Bill Richardson, Richard Holbrooke, last 24 hours as a delaying tactic—I that the remaining time I have be di- John Negroponte, and John Danforth. want to point out to my colleagues the vided between the Senator from Mary- The fact that at least 17 of them, chronology which begins actually on land and the Senator from Massachu- spanning 8 administrations—Repub- April 11—approaching 2 months ago. setts. The Senator from Rhode Island, lican and Democratic—have been ele- Then there were subsequent requests Mr. REED, also asked for time. I had 60 vated to serve on the President’s Cabi- on April 14, April 22, April 29, May 4, minutes, and want to give up some net demonstrates the critical impor- May 18, as well as even as late, as of time. tance in which this position histori- course, we all know, yesterday. Mr. MARTINEZ. If I can make an in- cally has been held. I want to make it clear that from quiry. The fact that we proudly remember very early on, we tried to get this in- The PRESIDING OFFICER. The Sen- so many of these names, after the pas- formation. I emphasize, again, these ator from Florida. sage of a number of years, underscores are names Mr. Bolton has seen, his Mr. MARTINEZ. My understanding is both the visibility of the U.N. ambas- staff has seen, and we are not asking the Senator from Arizona was going to sador and the statesmanship that the every Member see, only the ranking be recognized during this timeframe position requires. On a daily basis, our members and the chairmen of the In- for his remarks. ambassador to the U.N. speaks to the telligence Committee and the Foreign Mr. DODD. I have a little less than 20 entire world on behalf of the United Relations Committee, to let them minutes remaining. What I want to do States. know whether or not the names coin- is give the 20 minutes I have left to my The comments our ambassador cide with the names of people we have colleagues to use. Mr. President, I makes and the relationships he or she run across in our examination of Mr. make that request, that the time re- cultivates make the difference between Bolton to be a nominee to the U.N. maining be divided between the Sen- a United States that is respected as a The chairman of the Intelligence ator from Maryland and the Senator leader in the world, setting an example Committee will tell you they had an from Massachusetts. of American values and principles, and interview with General Hayden and he The PRESIDING OFFICER. Without a United States that is ignored and showed them some documents. But in objection, it is so ordered. The remain- misunderstood.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5961 In today’s world, this difference af- whether we should more closely mon- This nomination came out of the fects the lives of millions at home and itor its activities. Many of us are com- committee without recommendation. abroad. The United Nations is not a mitted to doing both of those things. It There was a 9-to-9 divided vote. By con- tool to be used ‘‘when it suits our in- is a very basic question of one’s trast, all of the previous nominees to terest and when we can get others to go mindset about the United States, about be U.N. ambassador were brought to along,’’ as Mr. Bolton has suggested the United Nations and about inter- the floor by very strong committee but is, rather, an essential and ongoing national law. If other nations believe votes and approved on the floor by very forum for the advancement of U.S. for- that the U.S. is not out to reform the strong votes—most of them unani- eign policy and the protection of U.S. United Nations but to undercut it, then mous, none of them really close. national security interests. they are likely not to be receptive to In addition to Mr. Bolton’s extreme The U.N. makes decisions that affect any of our criticisms or recommenda- policy views and his confrontational war and peace. It helps to determine tions. demeanor, there is the issue of his pro- whether the United States will have Secondly, it is clear that Mr. Bolton fessional conduct. There is ample evi- international support and allies or will does not have the diplomatic skills or, dence that he has attempted to politi- be forced to undertake difficult mis- indeed, the demeanor to represent our cize intelligence in a way that I believe sions on its own in the face of broad op- country effectively at the U.N. There has harmed our Nation’s diplomacy. position across the globe. Skillful work are certainly moments when the situa- Mr. Bolton sought the transfer of two at the U.N. enables us to have burden tion may call for bluntness, when aban- intelligence analysts with whom he sharing, both in terms of the commit- doning diplomatic niceties can convey disagreed on substantive matters. He ment of human resources and the com- the urgency of a particular issue or po- repeatedly attempted to stretch the mitment of financial sources. sition. However, Mr. Bolton has shown facts to back his own ideological pre- The United Nations offers us an op- a propensity for making extreme and disposition. He created such a climate portunity to make our case to the provocative statements that have of intimidation in the State Depart- world, to demonstrate international caused unnecessary conflict and con- ment that the Secretary of State found leadership, and to build multilateral frontation. It is not an occasional out- it necessary to set up a special meeting cooperation. As Secretary General burst that might, on occasion, be justi- with the Intelligence and Research Bu- Annan commented in a recent speech, fied by the situation but, regrettably, a reau in order to directly reassure the the U.N. ‘‘is not just a building in Man- routine way of doing business. analysts. To make matters worse, Mr. Bolton hattan, or a piece of international ma- Does it help us in trying to shape the told the committee that he had not chinery. It embodies a conviction on direction in which the U.N. is to move tried to have analysts punished or dis- the part of people everywhere that we when Mr. Bolton says that the Security ciplined, and he denied that he sought live on a small planet, and that our Council should have one permanent retribution against them. He said, ‘‘I safety, our prosperity, our rights—in- member, the United States, ‘‘because shrugged my shoulders, and I moved deed, our freedoms—are indivisible.’’ that is the real reflection of the dis- on,’’ when his attempts to have them For this reason, our representatives at tribution of power in the world’’? reassigned were rebuffed. the United Nations must be men and Does anyone think that Mr. Bolton’s And yet we have learned from exten- women of exceptional wisdom and assertion that ‘‘if the U.N. Secretariat sive interviews with numerous admin- credibility, who can listen and per- building in New York lost 10 stories, it istration officials that he did try to suade, whose counsel and leadership wouldn’t make a bit of difference’’ will have the analysts removed from their other nations will seek and rely upon. help us in persuading other countries positions, that he did seek to punish Despite the need for a U.N. ambas- to support U.N. reform efforts? people for disagreeing with him, and he sador who recognizes and can make the These are not isolated misstatements did persist in his efforts for many most of the U.N.’s potential and prom- or slips of the tongue but, rather, his months after, as he says, he shrugged ise, we have before us now a nominee customary and consistent approach to his shoulders and moved on. to be our ambassador to the U.N., who dealing with others who disagree with That he was ultimately unsuccessful over a number of years has dem- him. Even given the opportunity to in his efforts does not speak for Mr. onstrated outright hostility toward the demonstrate a less confrontational ap- Bolton. What it speaks to is the steadi- United Nations as an institution and proach, he has repeatedly declined to ness and determination of those profes- toward the fundamental legitimacy of do so. Mr. Bolton, time and again, has sionals who withstood his demands, international law. Mr. Bolton has ar- shown himself singularly lacking in who refused to bend to the inordinate gued repeatedly that the United States the willingness to hear, to consider, pressure he was applying. has no legal obligation to pay its dues and to respect opposing points of view. Given this conduct, when he goes be- to the United Nations and that treaties Contrast that attitude with these fore the United Nations to make a are nothing more than ‘‘political com- comments made by Ambassador Moy- statement about evidence of nuclear mitments’’. nihan and Ambassador Kirkpatrick weapons production or a terrorist plot He called the Law of the Sea Treaty, when they were nominated for this po- or whatever it may be, what credibility which has been endorsed by our mili- sition. Ambassador Moynihan, in his will he have, knowing that he sought tary and submitted by President Bush confirmation hearing before the com- repeatedly to punish intelligence ana- as an urgent priority for Senate advice mittee, said: lysts who delivered contradictory in- and consent, ‘‘an illegitimate method A certain principled statement of views on formation; knowing that he is sort of a of forcing fundamental policy changes both sides can be useful: it requires that we man who, as Robert Hutchings, the on the United States outside the cus- respect what others think and try to under- former chairman of the National Intel- tomary political process.’’ He is quoted stand what they think and ask that they do ligence Council, put it, ‘‘took isolated as saying: the same in return. . . . Things where we dis- facts and made much of them to build agree are marginal compared with where we a case than I thought the intelligence It is a big mistake for us to grant any va- do agree. And yet it is so easy to grow es- lidity to international law even when it may tranged at the first problem, the first ques- warranted. It was a sort of cherry pick- seem in our short term interest to do so—be- tion is how to get away from a confrontation ing of little factoids and little isolated cause, over the long-term, the goal of those system back to the quest for understanding bits were drawn out to present the who think that international law really and agreement in a situation where this is starkest possible case’’? means anything are those who want to con- wholly possible and entirely necessary. We need a credible spokesman at the strict the United States. Similarly, Ambassador Kirkpatrick, United Nations, and Mr. Bolton’s con- To send someone as our ambassador in her confirmation hearing before the duct casts serious doubt on his ability to the United Nations who does not committee, said: to be one. demonstrate a basic respect for the in- I do not think that one should ever seek Moreover, Mr. Bolton’s poor adminis- stitution and its legal foundations is a confrontation. What I have every intention trative and management skills, in my disservice to our national interests. and hope of doing is to operate in a low key, view, raise serious questions as to This has nothing to do with whether quiet, persuasive and consensus-building whether he can exercise a senior lead- reforms are needed at the U.N. or way. ership role. The testimony of Carl

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5962 CONGRESSIONAL RECORD — SENATE May 26, 2005 Ford, Assistant Secretary of State for U.S. leadership at the United Nations Mr. MCCAIN. I ask that the Senator Intelligence and Research, was espe- can enhance our national interest in a from Florida be recognized following cially powerful on this point. Mr. Ford very significant way, and part of that Senator OBAMA. told the committee: skilled leadership is to send an ambas- The PRESIDING OFFICER. The re- In my experience, throughout my time in sador who has credibility and the wis- quest before the Chair is Senator KYL the executive branch, I’ve really never seen dom necessary to carry out his respon- for 10 minutes, Senator KENNEDY for 10 someone so abusive to such a subordinate sibilities. minutes, Senator MCCAIN for 10 min- person. This nominee falls far short of that utes, Senator OBAMA for 15 minutes, He said he could think of no one else standard. Mr. President, 102 retired and the Senator from Florida for 15 who comes even close to John Bolton diplomats have taken the extraor- minutes. in terms of the way that he abuses his dinary step of sending a letter urging Is there any objection? Without ob- power and authority with ‘‘little’’ peo- the Senate to reject the nomination. jection, it is so ordered. ple. Finally, let me say just this word The PRESIDING OFFICER. The Sen- Secretary Powell’s Chief of Staff, about the witnesses who came forward ator from Florida is recognized. Larry Wilkerson, described to the com- to the committee to testify about Mr. f mittee staff the kinds of problems he Bolton’s past conduct. These people, in had on a daily basis in dealing with effect, volunteered themselves to give SURFACE TRANSPORTATION Bolton. what they thought would be an accu- EXTENSION ACT OF 2005 Assistant secretaries, principal deputy as- rate view of Mr. Bolton’s behavior. It Mr. MARTINEZ. Mr. President, I ask sistant secretaries, acting assistant secre- took a lot of courage for people like unanimous consent that the Senate taries coming into my office and telling me, Mr. Ford, Mr. Wilkerson, Mr. proceed to the immediate consider- ‘‘Can I sit down?’’ Hutchings, Ambassador Hubbard, and ation of H.R. 2566, which was received ‘‘Sure, sit down. What’s the problem?’’ others to come forward. I am very con- from the House. ‘‘I’ve got to leave.’’ cerned they may pay a price for this The PRESIDING OFFICER. The ‘‘What’s the problem?’’ ‘‘Bolton.’’ brave action, and I very deeply regret clerk will report the bill by title. if this should turn out to be the case. I The assistant legislative clerk read When asked if he got similar com- think their motive in coming forward as follows: plaints about other Under Secretaries, was to promote the national interests he replied: A bill (H.R. 2566) to provide an extension of of our country. In that sense, I think highway, highway safety, motor carrier safe- On one occasion, on one particular indi- they are true patriots. They have noth- ty, transit, and other programs funded out of vidual. The rest were all about Undersecre- the Highway Trust Fund pending enactment tary Bolton. ing to gain by opposing the nomina- tion. of a law reauthorizing the Transportation In summarizing this experience The PRESIDING OFFICER. The Sen- Equity Act for the 21st Century. Wilkerson stated, ‘‘I think he’s a lousy ator’s time has expired. Mr. MARTINEZ. I ask unanimous leader. And there are 100 to 150 people Mr. SARBANES. In fact, they have consent that the bill be read a third up there’’—meaning at the U.S. mis- much to lose. time and passed, the motion to recon- sion to the U.N.—‘‘that have to be led. Mr. President, this nomination ought sider be laid on the table, and any They have to be led well, and they have to be defeated. I urge my colleagues to statements be printed in the RECORD. to be led properly.’’ join me in opposing it. We can do bet- The PRESIDING OFFICER. Without Being ambassador to the United Na- ter, and, for the sake of our country, objection, it is so ordered. tions is not just a representational job; we must do better. The bill (H.R. 2566) was read the third it is also a management job. There are The PRESIDING OFFICER. The Sen- time and passed. 125 full-time, permanent State Depart- ator from Arizona. f ment employees working there at our Mr. MCCAIN. Mr. President, I would NOMINATION OF JOHN ROBERT mission alongside numerous detailees like to ask if we could get a unanimous BOLTON TO BE THE REPRESENT- from other agencies and departments. consent request here. The Senator from ATIVE OF THE UNITED STATES The ambassador has supervisory re- Arizona, my colleague from Arizona, I OF AMERICA TO THE UNITED sponsibility over all these people. Most believe is next. How long does he wish? NATIONS—Continued are career civil servants, and they are Mr. KYL. I would like to speak for 10 there to represent the policies of the minutes. The PRESIDING OFFICER. The Sen- President and to serve the interests of Mr. MCCAIN. The Senator from Mas- ator from Arizona is recognized for 10 the Nation. sachusetts? minutes. The PRESIDING OFFICER. The Sen- Mr. KENNEDY. Nine minutes. Mr. KYL. Mr. President, I rise in ator’s time has expired. Mr. MCCAIN. I ask unanimous con- very strong support of John Bolton to Mr. SARBANES. I ask unanimous sent that the Senator from Arizona be be our next ambassador to the United consent to proceed for 2 minutes to recognized for 10 minutes, the Senator Nations. I have known Mr. Bolton for a conclude the statement. from Massachusetts for 10 minutes, and long time. He is a great individual, a The PRESIDING OFFICER. Is there me for 10 minutes following that. great representative of the United objection? The PRESIDING OFFICER. Is there States, and, most importantly, the per- Mr. SARBANES. What are they going objection? son the President wants to represent to do up there in New York if John Mr. KENNEDY. Reserving the right the United States at the United Na- Bolton repeats the kind of abusive be- to object, may I ask that Senator tions. It is the responsibility of the havior that led people in the State De- OBAMA be recognized subsequent to Senate to act on his nomination be- partment, under incredible pressure, to that? cause the President has requested us to seek the support and counsel of their Mr. MCCAIN. Fine. do so. assistant secretaries? There will be no The PRESIDING OFFICER. Is there Mr. Bolton has successfully cham- one in New York to shield them from objection? pioned a number of multilateral initia- the wrath and vindictiveness of John Mr. MARTINEZ. Mr. President, I tives during the time he has been Bolton. would like to be recognized as well in working for the Bush administration. Mr. President, unfortunately, it the ensuing sequence. My under- He is committed to the success of the seems to have become, for some, a fa- standing is it has been going back and United Nations and sees it as an impor- vorite pastime to assault the United forth between the sides. The Senator tant component of our diplomacy and Nations. They blame it for failing to from Connecticut spoke, and then the is a strong voice for U.N. reform. resolve many of the problems that have Senator from Maryland spoke. That I am concerned that a lot of debate occurred in the world. But I think we caused us to have a little bit of a has shifted to matters that have noth- have to acknowledge that the U.N. has scheduling issue, so I would like to ing to do with his qualifications and a role to play in preventing conflict continue on that schedule and then some of which attempt to assassinate and promoting cooperation. Skillful allow myself to be recognized. his character. There is no question he

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5963 is qualified for the job. In fact, Mr. Nations. But there is some feeling that ated during the 1980s. In that same ca- Bolton has been confirmed by this body until Senators have access to these pacity, he led the effort to repeal per- on four separate occasions previously. names, we should not act on the Bolton haps the most heinous resolution in Most of the Members objecting to him nomination. U.N. history, the resolution equating now have voted for him in the past. Talk about a non sequitur, the Sen- Zionism with racism. He also served as They did so based upon his substantive ate routinely does not have access to a member of the Commission on Reli- views, not any allegations about his these names. They are highly classi- gious Freedom. conduct. fied. They get into the sources and He has been there. He has fought on A lot of it has to do with the fact methods of our intelligence. It is ap- behalf of the United States. He has that there is opposition to President propriate for certain people in the ad- been an effective diplomat. Yes, he is a Bush’s policy in different regards, and ministration to gain access to the tough guy. People have noted that. Do Mr. Bolton’s nomination is a surrogate, names, which is why, as is noted, there we want a weak Representative at the in effect, for a debate about that pol- were 489 requests for those names by United Nations? Especially today? I icy. We can have a debate about the people within the administration—10 of don’t think so. President Bush is the President’s foreign policy, but we which came from Mr. Bolton. There person who has talked to all of these should not hold up the nomination of a was nothing wrong with that. diplomats and Presidents and rep- man with the qualifications of John As to whether Senators want access resentatives of countries around the Bolton for a position we need to fill in to these names, if that is something we world. He has a good feel of what it the process of having that debate. need to take up with the intelligence takes at the United Nations now. None Moreover, I am concerned about community, the Intelligence Com- of us has the President’s experience in some of the charges that have been mittee is entirely capable of doing knowing all these world leaders. The made about him. One of the allega- that, but it has nothing to do with Mr. President has thought about this and tions—the Senator from Connecticut Bolton’s qualifications to serve and our said, knowing all these people, the way was speaking about this—has to do need to act on his nomination. they act, how we use diplomacy at with some requests Mr. Bolton made I suggest we cut through all of this United Nations: I think the best guy to which have been examined by the Intel- smokescreen and get to the question of represent the United States at this ligence Committee. Mr. Bolton’s job at whether John Bolton is qualified to point in time is my man John Bolton. the State Department is to deal with serve in the position the President He is the man I want to send there. this kind of information, and what the would like to have him serve. That is We ought to acknowledge that the Intelligence Committee did in response the real question. President knows a little bit about for- to the request of the chairman of the Let me note a couple of other things eign policy and foreign affairs, having Foreign Relations Committee was to I am aware of that he has done in his worked with all these people, and prob- look into the matter. Here is the re- position of Under Secretary of State ably has a pretty good idea of what it sponse, on May 25, just quoting two for Arms Control and International Se- takes to get our country’s interests paragraphs from the letter of the chair- curity. represented well at the United Nations. man of the Senate Intelligence Com- Probably the most significant and, John Bolton is the man he wants us to mittee. He said: frankly, one of the most significant confirm in that position. achievements of the State Department There are a variety of other things After completing an examination of these Mr. Bolton has worked on with respect issues I found no evidence that there was itself in the last 4 years was John anything improper about any aspect of Mr. Bolton’s initiative to develop the to U.N. reform and efforts to reform Bolton’s requests for minimized identities of President’s Proliferation Initiative. the International Atomic Energy Agen- U.S. persons. I further found no violation of Over 60 countries are now participating cy and a variety of other items. I will conclude by noting that we all procedures, directives, regulations or law by in that initiative, and it is, frankly, Mr. Bolton. Moreover, I am not aware that appreciate the fact that the United Na- one of the key reasons we disarmed anyone involved in handling these requests tions needs reform, and John Bolton is Libya with its nuclear program. had any concerns regarding these requests at a person who can accomplish that re- John Bolton has played a key role in any point in the process. form. He has accomplished a great deal the implementation—creation and im- The chairman of the Intelligence in the matter that is primarily of im- plementation—of the G–8 Global Part- Committee also said: portance to us these days—the pro- nership Against the Proliferation of Committee staff interviewed INR analysts liferation of weapons of mass destruc- and NSA officials responsible for processing WMD and WMD Materials. Under that tion and the war on terror. I believe all requests for the identities of U.S. persons program, we have doubled the size of the charges made against him have contained in signals intelligence products. the nonproliferation effort in the been answered, of course—they have None of the individuals interviewed indi- former Soviet Union by committing been answered in spades—but we ought cated there was anything improper or inap- our G–8 partners to match our dollars to move beyond all that smokescreen propriate about Mr. Bolton’s requests. We with programs under the so-called also were briefed by General Michael Hay- and get back to the central point, Nunn-Lugar CTR effort. which is John Bolton is the man the den, former Director of the NSA and the cur- He was instrumental in concluding rent Principal Deputy Director of National President wants at the United Nations, Intelligence. He also stated that Under Sec- U.N. Security Council Resolution 1540, he has been confirmed by this body retary Bolton’s requests were not only ap- which for the first time identifies pro- four times before, there is no question propriate, but routine. In fact, INR records liferation of weapons of mass destruc- about his qualifications and his desire, indicate that since May 2001, INR submitted tion as a threat to international peace and the Senate needs to uphold the 489 other requests for minimized identities. and security—a resolution, by the way, great tradition of this body by acting Ten, by the way, had been requested that was adopted unanimously. on—debating, certainly, but acting on by Mr. Bolton. He has been a big advocate of U.N. re- the President’s nominees and con- So what Mr. Bolton did was routine form. For example, while serving as As- firming John Bolton by 7 o’clock to- and proper. There was nothing im- sistant Secretary of State for Inter- night. proper about it. As the chairman of the national Organizations, he detailed his The PRESIDING OFFICER. The Sen- committee noted, they found abso- concept of a ‘‘Unitary U.N.’’ that ator from Massachusetts. lutely nothing that would suggest any- sought to ensure management and Mr. KENNEDY. Mr. President, would thing improper in Mr. Bolton’s activi- budget reforms across the U.N. system, the Chair remind me when I have 2 ties. This is all a smokescreen. There is and that is something that is sorely minutes left, please. nothing there. needed. Almost everybody acknowl- The PRESIDING OFFICER. Yes. The last point on this matter had to edges that the U.N. needs this kind of Mr. KENNEDY. Mr. President, it is do with the fact that the Senate, it is reform today. premature for this nomination even to alleged, should have access to all of John Bolton is the guy who has be brought up before the Senate until these names. This has nothing to do worked tirelessly on this effort, includ- we have the opportunity to see all the with Mr. Bolton’s qualifications to be ing, by the way, the payment of arrear- obviously relevant information on Mr. the U.S. Representative at the United ages in U.N. assessments that were cre- Bolton’s record.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5964 CONGRESSIONAL RECORD — SENATE May 26, 2005 I want to congratulate our friends had said that a speech by Mr. Bolton on We agreed to the Six-Party Talks, and colleagues, Senator BIDEN, Senator Cuba did not accurately reflect the as- but have not effectively engaged the DODD, Senator KERRY, Senator SAR- sessment of the intelligence commu- North Koreans. At Mr. Bolton’s urging, BANES, and the other members of the nity. So what did John Bolton do? He our policy’s been AWOL so far. committee, for the outstanding job personally went to the CIA to try to The results may be deadly. When they have done on this nomination. have him fired. President Bush came to office, North The obvious conclusion from the ad- Mr. Bolton’s contempt for anyone Korea’s plutonium program was inac- ministration’s stonewalling is that the with opposing views was not limited to tive. Its nuclear rods were under seal. documents being withheld from the intelligence officers who disagreed Then the President called North Senate contain nothing to support the with him. Korea part of his Axis of Evil. As we nomination and will only make it even When two State Department officers prepared for war with Iraq over nuclar clearer that Mr. Bolton is the wrong in the nonproliferation Bureau dis- weapons that did not exist, we learned choice for this extremely important agreed over policy, he sought their re- that North Korea had begun a secret position. moval. uranium enrichment program. When The United Nations is the world’s He accused Rexon Ryu, a career civil we confronted North Korea, but then preeminent diplomatic body. We need a servant, of intentionally withholding a refused to negotiate with it, North representative there who is a strong cable on the U.N. inspection process in Korea expelled the international in- and effective leader, who believes in di- Iraq from his office. Nine months later, spectors and began producing pluto- plomacy, and who has a proven record John Bolton denied Mr. Ryu a signifi- nium for nuclear weapons. On the eve of using diplomacy to advance Amer- cant new assignment as the point per- of war with Iraq, North Korea pulled ica’s foreign policy and national secu- son for the Nonproliferation Bureau for out of the Nuclear Nonproliferation rity objectives. the upcoming G–8 summit. Treaty. Now more than ever, America needs In the case of a State Department At the beginning of the Bush admin- to put our best face forward to the lawyer, Mr. Bolton tried to remove him istration, North Korea was already international community. We can—and from a legal case on China sanctions, thought to have two nuclear weapons. should—do far better than John based on a misunderstanding of a posi- They are now believed to have up to Bolton. tion the lawyer had taken. eight such weapons—and possible Jeane Kirkpatrick, who served as the These are not isolated incidents of more—and they may well be preparing U.S. ambassador to the United Nations disgruntled employees. They represent for a nuclear test. under President Reagan, has spoken of a clear and troubling pattern of a bully One of our worst national nightmares the need to approach the job of U.N. who repeatedly tried to silence opposi- is nuclear material or even nuclear ambassador in a ‘‘low key, quiet, per- tion by attempting to intimidate ana- weapons in the hands of al Qaeda, with suasive and consensus-building way.’’ lysts and subordinates into conforming North Korea as their supplier. As she says: to his views. The person guiding President Bush’s John Bolton may do diplomatic jobs for Sadly, his view is not one that envi- the U.S. government, but John is not a dip- sions a great and important role for policy on North Korea was John lomat. the United Nations. On the contrary, Bolton. His policy’s been a failure, yet In fact, John Bolton is more a bully Mr. Bolton has shown nothing but dis- the administration now wants to pro- than a diplomat. His confirmation dain for the United Nations. He has mote him to be our Ambassador to the hearings suggest that on many occa- continued to articulate a vision of a U.N. Mr. Bolton was not able to advance sions he twisted the intelligence to fit go-it-alone foreign policy. his views and wrongly pressured ana- Speaking to the World Federalist As- effective diplomacy as Under Secretary lysts to produce intelligence conclu- sociation in February 2004, he said: for Arms Control and International Se- sions at odds with the facts. He contin- There is no such thing as the United Na- curity Affairs, and there is no reason ually sought to exaggerate the intel- tions. . . There is an international commu- to believe he can advance America’s in- ligence about Cuba’s possible biological nity, that occasionally can be led by the terests at the U.N. weapons activities and support for ter- only real power left in the world and that is The challenges facing America are rorism. He continually sought to exag- the United States, when it suits our interest serious—terrorism, war, ethnic con- gerate Syria’s nuclear activities be- and when we can get others to go along. flict, ancient and modern rivalries, dis- yond what the intelligence analysts re- He said: ease and poverty, human rights—all garded as accurate. Rather than accept The Secretariat building in New York has these are still the pressing daily reali- the analysis produced by the intel- 38 stories. If you lost 10 stories today, it ties—for peoples throughout the world. ligence community, Mr. Bolton in- wouldn’t make a bit of difference. The need for a strong United Nations sisted on advancing his own views and These are not the views of a person as an effective international organiza- retaliated against those who disagreed who is supposed to represent America’s tion and a strong U.S. Ambassador to with him. He should be held account- diplomatic interests in the inter- advance our interests is clear and com- able for this behavior, not rewarded national community. These are not the pelling. and promoted. views of an individual who, as the Ad- As Franklin Roosevelt said about The lessons of the Iraq war are abun- ministration argues, is well suited to America in 1945: dantly clear. We need to make deci- reform the United Nations. We have learned that we cannot live alone, sions based on facts and sound analysis These views are likely to make Mr. at peace; that our own well-being is depend- of intelligence. Bolton less effective, not more effec- ent on the well-being of nations far away We need to encourage intelligence tive, pursuing our interests at the . . . . We have learned to be citizens of the analysts to ‘‘speak truth to power’’ United Nations. We can’t expect the world, members of the human community. It when intelligence is in danger of being support of other nations on issues that is not a Republican or Democratic or Amer- distorted, manipulated, or misrepre- matter to the United States, if we show ican community. It is a world community. sented. We can’t demand the results we nothing but contempt for other na- In the age of instant global commu- want and try to fire people who refuse tions. nication, trade zones that span hemi- to go along. But that’s precisely what In fact, on one highly important spheres, transnational criminal gangs, Mr. Bolton repeatedly tried to do. issue where diplomacy is desperately international terrorism, and the pros- He tried to fire Christian needed—North Korea—Mr. Bolton has pect of nuclear devastation—the need Westermann a State Department intel- been consistently wrong. of nations to work together is greater ligence analyst in the Bureau of Intel- The nuclear threat from North Korea than ever. The challenges we face ligence and Research, who disputed the continues to grow. North Korea is al- today are too complex, too immense, misleading language that Bolton tried ready the greatest proliferator of bal- and too pervasive for the United States to use about Cuba and biological weap- listic missiles. Desperate, and strapped or any nation to face alone. ons. for cash, the threat is very real that The United Nations is the one and In another incident, the National In- North Korea could be a source of nu- only organization through which the telligence Officer for Latin America clear material for Al Qaeda terrorists. nations of the world can link their

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5965 unique strengths in a realistic hope of But seriously, I ask my colleagues, I time we started addressing seriously building a peaceful future for all hu- ask seriously, is this unique to Mr. the energy crisis in this country. It is manity. Bolton? If a temper and an unorthodox time we got together, along with the We need a representative at the management style were disqualifiers President, in coming together to save United Nations who supports that vi- from Government service, would that Social Security. It is time we move for- sion and is committed to that future disqualify a lot of people, including ward with the Defense authorization for us all. John Bolton is not the per- maybe one or two in this body? bill and help the men and women who son for that job, and I urge my col- But the fact is, it is worth wondering are defending this Nation and sacri- leagues to vote against him. not whether Mr. Bolton is a mild, ficing as we speak. The PRESIDING OFFICER. The Sen- gentle diplomat—we know he is not— I strongly urge my friends on the ator from Arizona. but, rather, whether he is a representa- other side of the aisle, we are going to Mr. MCCAIN. Mr. President, I rise to tive we need at the United Nations. We have a cloture vote this evening. After speak again in support of John need an ambassador who knows the that, let’s vote up or down. For my col- Bolton’s confirmation as U.S. ambas- U.N. We need an ambassador who is leagues who disagree and do not want sador to the United Nations. When I willing to shake up an organization Mr. Bolton there, I respect their views. spoke in April in favor of Mr. Bolton, I that requires serious reform. Is there But let’s go ahead and give him an up- highlighted a number of his qualities, anyone in this Senate who does not be- or-down vote before we go into recess including that he is smart, experi- lieve the United Nations needs serious for a week. Let him go. If the Senate in enced, hard working, talented, and he reform, an organization that has coun- its wisdom approves of his nomination, knows the United Nations. In view of tries such as Sudan on its Human let’s go ahead and let him get to work these and other impressive qualifica- Rights Commission or whose General rather than wait a week or 10 days or more. We have been at this for weeks. tions, the Senate has confirmed him Assembly equates Zionism with rac- four times in the past. Let’s move on to other things. ism? If we asked our constituents, What It is worth repeating several times: We all know about the oil-for-food would you like us to do, take up the The Senate has done its work and con- scandal that is unfolding now. We Defense authorization bill? Take up an firmed him four times in the past. know there have been several calls for In his current job as Under Secretary energy bill? Try to work on this deficit reform. One of my friends, Brent Scow- problem that is mortgaging their fu- of State for Arms Control and Inter- croft, served on a panel that was tures? Sit down and negotiate a bipar- national Security, he has compiled a named by the Secretary General. And tisan agreement on Social Security? record of accomplishment. For exam- Kofi Annan has presented his own seri- Those would be their priorities. Let’s ple, next week marks the second anni- ous plan to implement these rec- move ahead tonight, have the cloture versary of the Proliferation Security ommendations because the United Na- vote, have a vote on Mr. Bolton, and Initiative, a multilateral effort to stop tions needs reform. move forward and plan for when we trafficking of weapons of mass destruc- Why do I care so much? I care for a come back from the recess, addressing tion and their components. John broad variety of reasons, including the the issues that are important to the Bolton spearheaded this program since fact that my taxpayer dollars support American people. its inception, and today more than 60 some 20 percent of the United Nations I yield the floor. countries support it. This success alone operations. The United Nations needs The PRESIDING OFFICER. The Sen- should disprove the argument that Mr. reform. The United Nations has failed ator from Illinois. Bolton is somehow an arch in peacekeeping operations throughout Mr. OBAMA. Mr. President, let me unilateralist, bent on subverting col- the world. Some of the scandals con- begin my statement today by outlining lective international action. cerning peacekeeping activities, of what I think this debate is not about. The PSI is not his only multilateral rape in the Congo, have got to be I do not believe this debate is about success. He has also helped to con- changed. The United Nations needs the Mr. Bolton being rude on occasion. struct the G–8’s global partnership to presence of a tough, hard, dedicated in- This debate is not about Mr. Bolton secure dangerous technologies and ma- dividual who has been already con- being blunt. The debate is not about terials. He led the negotiations leading firmed in various posts four times by Mr. Bolton occasionally losing his tem- to the Treaty of Moscow which dra- this Senate. per. matically reduced the size of deployed Elections have consequences. One As the distinguished Senator from nuclear arsenals in the United States consequence of President Bush’s reelec- Arizona just noted, if this is the cri- and Russia, and in his previous post as tion is he has a right to appoint offi- teria, many of us in the U.S. Senate Assistant Secretary for International cials of his choice. I stress this because would not be qualified to serve in a po- Organizations he led the successful the President nominates. It is not my sition that requires confirmation. Al- drive to repeal the U.N. resolution choice, or any other Senator’s, but the most all of us lose our cool from time equating Zionism with racism. President’s choice. When President to time and say things we come to re- A lot has been made in recent weeks Clinton was elected, I didn’t share the gret later. Let me add, I don’t think about Mr. Bolton’s personal disposition policy views of some of the officials he this debate is about whether Mr. in dealing with colleagues. Let’s be nominated, but I voted to confirm Bolton is an intelligent man. These are not the issues at the heart frank: He is not a career diplomat ei- them, thinking that the President has of the strong bipartisan objections that ther by profession or temperament, but a right to put into place the team he have been voiced on this nomination. then, the role of ambassador to the believes will serve him best. The crux of the objections is very U.N. has always required something The Foreign Relations Committee specific, very credible allegations that special. A look back at some of the per- has spent weeks investigating Mr. Mr. Bolton sought to shade intelligence sonalities who have held this job—from Bolton’s background. In his recent re- and sideline career intelligence ana- Adlai Stevenson to Daniel Patrick port on behalf of the committee major- lysts who did not agree with his policy Moynihan, from Jeane Kirkpatrick to ity, Senator LUGAR, one of the most re- views. This is the core of the bipartisan Richard Holbrooke—shows that direct- spected individuals in this Nation, de- objections to this nomination. ness and forcefulness are assets, not termined ‘‘the end result of all this is Over and over again, we heard from a hindrances, to effectiveness at the U.N. that Secretary Bolton emerged looking range of career officials and Bush ad- We all know Mr. Bolton is perhaps better than when it began.’’ Chairman ministration appointees that Mr. not the world’s most beloved manager LUGAR ultimately concluded that Mr. Bolton sought to massage intelligence nor one to keep his temper entirely Bolton is a highly qualified nominee. I to fit an ideological bias. Let me em- under wraps. Perhaps I have a certain agree. phasize, these are objections coming bias in that direction and an extra spe- In the last 48 hours or so I have no- forward from Bush appointees. cial sympathy because I am well ticed a change in the temperature In addition, we have 102 former am- known to my colleagues as always around this body. I am very pleased bassadors and senior diplomats who op- calm and never engaged in any con- about it. We realized it is time to move pose Bolton—from the Nixon adminis- troversial issues nor activities. ahead with the people’s business. It is tration, the Ford administration, and

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5966 CONGRESSIONAL RECORD — SENATE May 26, 2005 that bastion of fuzzy-headed liberalism, not impressed. Let’s look at his track tion such as Iran that is developing nu- the Reagan administration. record. clear weapons, is a state sponsor of ter- In an environment where reliable in- On North Korea, the approach that rorism, and is meddling in Iraq. telligence is one of the best tools we has been advocated by both Mr. Bolton Perhaps this paralysis and incoher- have to keep us safe, we must heed the and this administration has simply not ence is best illustrated by the fact that lessons from the Iraq war: Intelligence worked. Under Mr. Bolton’s watch, since 2001, the administration has must never be shaped to fit policy there are no longer international in- tried—to my knowledge, without suc- views. Dissent within the intelligence spectors and cameras at any site in cess—to formulate a Presidential Di- community should not be muzzled or North Korea. The North Koreans have rective on Iran. As the top non-pro- suppressed; it should be respected and withdrawn from the Non-Proliferation liferation official at the State Depart- encouraged. Treaty. We now believe North Korea ment, Mr. Bolton should have been The United States Senate should be has developed material for six to eight doing more to shape a workable policy sending a clear, unequivocal statement nuclear weapons. instead of letting it drift dangerously to our intelligence officers: We want When North Korea has one or two nu- along for the last 4 years. you to play it straight and call it like clear weapons, the situation is critical. Mr. President, I know my time is you see it—even if it is something we They can test one weapon, and hold running short, so let me conclude with do not want to hear. one weapon. When it has six to eight, a couple of simple points. I am afraid that by voting to confirm the situation is terminal. North Korea Two examples are frequently cited by Mr. Bolton, we will fail to send that can now test a weapon, hold a couple, Mr. Bolton and his supporters as evi- critical message. and sell the rest. And we know that dence of his success and competence in Now, I believe the President is enti- North Korea will do virtually anything his current position: Libya and the tled to the benefit of the doubt when for the money. Proliferation Security Initiative. Dur- appointing senior members of his team. Another area Mr. Bolton was respon- ing his confirmation hearings, Mr. To that end, I have supported a number sible for is the Non-Proliferation Trea- Bolton touted these successes over and of the President’s choices for top for- ty, a critical tool for helping to pre- over again. eign policy positions, including Sec- vent the spread of nuclear weapons to Now, I agree with Mr. Bolton that we retary Rice; Robert Zoellick, to be her rogue states, which could ultimately have made important progress on these deputy; and Nick Burns, to fill the fall into the hands of terrorist organi- issues. But reports suggest that the third-ranking position at the State De- zations. Libya deal was struck in spite of Mr. partment. President Bush recognized the impor- Bolton, not because of him. In fact, Mr. I think we should provide some def- tance of the NPT and pledged to Bolton was sidelined from the negotia- erence to the President. The executive strengthen this treaty in a 2004 speech tions by the White House. And, the branch is primarily responsible for the at the National Defense University. A British Government specifically asked day-to-day operations of our foreign week later, Mr. Bolton promised to do that Mr. Bolton not play a role in this policy. the same. process. At the same time, the Constitution What has happened since? Virtually I quote from an MSNBC article that gives the Senate the power to advise nothing. The administration has made specifically addresses this issue: and to consent. This is a responsibility very little progress on this issue, and Bolton, for instance, often takes and is I take very seriously. the Non-Proliferation Treaty review given credit for the administration’s Pro- And so, because of Mr. Bolton’s con- conference currently underway is not liferation Security Initiative, an agreement sistent breach of the line between prac- going well. to interdict suspected WMD shipments on ticing politics and analyzing intel- An article from MSNBC reports: the high seas, and the deal to dismantle Libya’s nuclear program, a deal that Bolton, ligence—that is pivotal to our national The United States has been losing control by the way, had sought to block. But [a] security—I intend to vote ‘‘no’’ on the of the conference’s agenda this week to Iran former senior Bush official . . . says that, in and other countries, a potentially serious nomination of John Bolton to be our fact, Bolton’s successor, Robert Joseph de- setback to U.S. efforts to isolate Tehran. representative to the United Nations. serves most of the credit for these achieve- I agree with much of what my col- Where has Mr. Bolton been through- ments. This official adds that it was Joseph leagues have said about the problems out this process? who was in charge of counterproliferation at with Mr. Bolton’s qualifications to According to the same article: the NSC [and] who had to pitch in when serve in this position. But I would like [S]ince last fall Bolton, Mr. Bush’s embat- Bolton fumbled preparations for the NPT to focus on one issue that I believe has tled nominee to be America’s ambassador to conference as well. not been covered in great detail—Mr. the United Nations, has aggressively lobbied Now, here is my point: If there was Bolton’s performance in his current for a senior job in the second Bush adminis- clear evidence that Mr. Bolton is a ter- job. tration. During that time Mr. Bolton did al- rific diplomat, maybe I could under- It has been suggested we should over- most no diplomatic groundwork for the NPT stand how some in the Senate could conference . . . officials say. Everyone knew look the troubling aspects of Mr. the conference was coming, and that it overlook what I consider to be a moun- Bolton’s record—the fact that he ap- would be contentious, says a former senior tain of evidence concerning his misuse pears to have attempted to manipulate Bush official, but Bolton stopped all diplo- of intelligence and say: You know intelligence data; the fact he does not macy on this six months ago. what, this guy is such a capable admin- appear to have been entirely forth- In other words, Mr. Bolton was more istrator and diplomat, we need him to coming before the Foreign Relations interested in lobbying for the U.N. job reform the United Nations. Committee; and the fact we still can- than doing the tough groundwork nec- I would still believe that the misuse not get basic information from the essary for a successful review con- of intelligence, in and of itself, dis- State Department on his nomination— ference. qualifies Mr. Bolton from the job, but for one reason: because Mr. Bolton is so Let’s turn to Iran—another issue on at least I could understand why some competent for the job. I have heard which Mr. Bolton should have been people would draw such a conclusion. this argument repeatedly from the working to formulate a coherent, But the record indicates that in his other side of the aisle. workable administration strategy. In- current job he has not had much suc- I am baffled by this reasoning. I am stead, the administration’s policy has cess, which leads me to ask: Why is it stupefied by the suggestion that Mr. been all over the map. In a hearing be- we are so confident this is the person Bolton is such an excellent choice for fore the Foreign Relations Committee who is going to lead reform in the the job, so uniquely qualified for this last week, a senior State Department United Nations? job, that we should just ignore all of official described the latest iteration of The distinguished Senator from Ari- these other problems. the Administration’s policy as a ‘‘pa- zona is exactly right, we need reform in When I look at the record of Mr. tient policy.’’ the United Nations. It is inexcusable Bolton during the last 4 years as the I would say the policy has been less some of the things that go on up there. top arms control and nonproliferation about patience and more about paral- But as a consequence of Mr. Bolton’s official at the State Department, I am ysis—a dangerous situation for a na- diminished credibility and stature, I

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5967 think he is exactly the opposite of and three of those in the area of diplo- that, Mr. Bolton has been speaking what we need at the United Nations. macy. about this for over a decade. He wrote Countries such as Zimbabwe and I am intrigued by the comments of some very interesting articles, which I Burma, and others that do not want to the Senator from Illinois about Mr. took the time to read, about United see reform take place at the UN, are Bolton’s diminished stature. It appears Nations reform, about streamlining going to be able to dismiss our efforts that now we are going to find him un- that bureaucracy, about better budg- at reform by saying: Mr. Bolton is a qualified by what has transpired over etary management. Sadly, although his U.N. basher, someone who is ideologi- the last 60 days to this good man, as writings are 8 or 10 years old, even cally opposed to the existence of the his record has been trashed repeatedly, longer, little has been done to move U.N.—thereby using Mr. Bolton’s own oftentimes with scant or little evi- the ball forward, to change that sty- words and lack of credibility as a dence. mied bureaucracy that continues not shield to prevent the very reforms that So let me say I believe this is a good to use taxpayer dollars appropriately need to take place. man who has earned the right and has and who has engaged in some condem- Moreover, I have yet to hear a com- been chosen by the President of the nable practices in recent days. prehensive plan from Mr. Bolton or the United States to represent our Nation One of the charges I find most un- administration for U.N. reform. at this very important post. fair—and its repetition does not add to So let me close by saying this: When The Senator from Arizona spoke its credibility—is the charge that Mr. the Foreign Relations Committee con- about elections having consequences. Bolton has politicized intelligence, has sidered Mr. Bolton’s nomination, I in- The fact is, President Bush not only massaged intelligence, has not used in- voked the memory of Adlai Stevenson, has made this choice but has made a telligence adequately. There is no evi- a great citizen of the State of Illinois. choice of someone who he believes is dence, for those of us who sat in the Stevenson had the credibility, the tem- the right person to lead our efforts at Foreign Relations Committee meetings perament, and the diplomatic skill to this time at the United Nations. and heard the evidence of those who guide the United States through some Mr. Bolton is someone who has some- spoke, that Mr. Bolton ever massaged of the worst, most difficult times at times been called blunt speaking. At intelligence. There is evidence that Mr. the United Nations—especially the the same time, our President at times Bolton acted swiftly to try to explain Cuban missile crisis. has irked people because of the direct- to those who worked for him how they During this crisis, we were able to ness of his language, because of the should approach the clearance of his isolate the Soviets because of the stat- fact that sometimes he calls a spade a speeches. And he did react strongly to ure and integrity of our permanent rep- spade. I do recall, as a member of his those who tried to go around him and resentative to the United Nations. Cabinet, sitting in a joint session of attempted to impact or influence that Given the issues that have surfaced the Congress when a great deal of talk which would be clear for him to say. surrounding Mr. Bolton’s nomination, I was generated about him speaking It is, in fact, at times difficult to simply ask my colleagues this: If a cri- about an ‘‘axis of evil.’’ The President study intelligence and analyze it in a sis were to occur with North Korea or has chosen this direct man to be at the way that gives it clear and complete Iran, are we sure the integrity and United Nations, and at a time when we clarity. So what do we do? We have in- credibility of Mr. Bolton would com- need direct talk. There is a great tradi- telligence analysts. We have human mand the respect of the rest of the tion at the United Nations of people beings who are, similar to historians world? Would Mr. Bolton, like Adlai who have been plain spoken. and journalists and all of us in life, Stevenson, be able to convince the I have had the pleasure and honor of given to the proclivities of their own world that our intelligence and our knowing Ambassador Jeane Kirk- bias, their own life experience, their policies are right and true? Would Mr. patrick. No one has ever suggested that own political views. Through that fil- ter, comes the intelligence which Bolton be able to isolate our enemies Ambassador Kirkpatrick was shy, re- comes not in a clear package but as a and build a coalition that would ulti- tiring or unclear about her views. I mosaic, something that comes in bits mately make our troops safer and our also had the honor of knowing someone and pieces and dribs and drabs. Out of mission easier? who was ambassador to the United Na- that, we have to make a whole cloth. I believe the answer is no. There are tions, Vernon Walters. I know Vernon We have to create a judgment. That is some wonderful, capable, tough, con- Walters embarked on many diplomatic missions, usually to set the record where judgment comes in. servative, reform-minded Republican Those who are in politically ap- straight with some foreign leader, usu- diplomats who are well qualified for pointed positions have the responsi- ally to tell him bluntly what needed to this task and would easily be con- bility to challenge the professionals in be done or said. If there is any doubt firmed by the Senate. Mr. Bolton is not the intelligence community as they about that, there is a wonderful book one of them. seek to put together the ultimate judg- he wrote about his life called ‘‘Silent I would urge that the other side of ments about what the pieces of infor- Missions’’ that provides good evidence. the aisle seriously consider their posi- mation tell them concerning the truth We hold up Adlai Stevenson as some- tion on this nomination. I hope we can of that intelligence. muster the votes to send this nomina- one who should be emulated. The fact In that instance, at times, maybe Mr. tion back to the President. Let’s start is, Ambassador Stevenson, who was a Bolton has had differences, but in afresh. I know we can do better. wonderful public servant as well, at every single instance that could be Thank you, Mr. President. times used rather blunt language. I can overturned—and believe me, his record The PRESIDING OFFICER (Mr. remember as a child being glued to the has been combed carefully—there was BURR). The Senator from Florida. TV set during the missile crisis with never a time when Mr. Bolton went Mr. MARTINEZ. Mr. President, I rise Cuba and the Soviet Union, and Adlai outside that which was approved and to strongly support the nomination of Stevenson demanding: Don’t wait for that which was cleared. John Bolton to be the United States the translation. He was prepared to use It is important to me that the record next permanent representative to the blunt language. It is in our national in- be clear about Mr. Bolton’s statements United Nations. I do so because I be- terest, at times, to have direct, blunt- on the issue of bioweapons capabilities lieve this is a man of great integrity speaking people, particularly at a place by Cuba. In his speech at the Heritage who has dedicated himself to serve this like the United Nations. Foundation, which has caused so much Nation in various different posts over We have heard, in the course of the controversy and interest, he used the the course of his life. debate, that Mr. Bolton should not be very same language that 3 months ear- I want to try hard not to repeat a lot qualified for this job because he spoke lier one of his accusers, Carl Ford, had of what has been said already because of the fact that out of the 38 stories at used before a Senatorial committee. it is, I know, at times repetitious. But the U.N. building, perhaps 10 could be That language, which stands to this I do believe it is important we recog- done away with. Who here does not, in day, reads: nize and know this gentleman has been a serious way, believe that the United The United States believes that Cuba has previously confirmed by the Senate in Nations bureaucracy could use some at least a limited developmental offensive bi- four prior Presidential appointments, streamlining? More interesting than ological warfare research and development

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5968 CONGRESSIONAL RECORD — SENATE May 26, 2005 effort. Cuba has provided dual use bio-tech- with that policy approach, and much that is in desperate need of reform and nology to rogue states. We’re concerned that has been said about that. In fact, in the an institution where he has taken the such technology could support [bioweapons] Presidential debate, there was discus- time, over the history of his work, to programs in those states. We call on Cuba to cease all [bioweapons] applicable cooperation sion of this very issue. Again, elections talk about those issues of reform— with rogue states and to fully comply with have consequences. President Bush’s management reform and budgetary re- all its obligations under the Biological approach to proceeding with the six- form. Weapons Convention. party approach to negotiations with Our Nation contributes a very sizable I believe those are responsible re- North Korea is what is continuing percentage of the U.N. budget. It is our marks. I believe those are timely re- today. taxpayer dollars that are being wasted marks. I believe those are remarks We cannot blame Mr. Bolton for at the U.N. and that are oftentimes not that are intended to make the world those instances where foreign policy only not serving our national interests safer and to make America safer from issues have not gone as we wished and but are, in fact, harming our national terrorism by bioweapons. Sharing bio- then refuse to give him credit for those interests. weapons technology with rogue states that have been successful. That is the We have a person with Mr. Bolton’s is not a good thing. The fact that Mr. height of unfairness and the height of experience, and it has been suggested Bolton would dare to call their hand on hypocrisy. that he is someone who is simply not it is not a bad thing. We should be In Libya, our policies have met with going to be effective at the U.N., and grateful to Mr. Bolton for his direct- success. Negotiations on Libya’s weap- he is not going to be effective because ness, for his bluntness, for his willing- ons of mass destruction dismantling ef- it keeps being repeated that he will not ness to take on this issue and speak fort were conducted at a senior level by be effective there. about it clearly. the CIA and White House negotiators. Mr. Bolton has a strong record of ac- It has also been said that Mr. Bolton Mr. Bolton was not a part of that proc- complishment. I point to the repeal of may not have done a good job at his ess, as often is the case for diplomats. the Zionism as racism resolution, on last assignment. I repeat, again, that I can recall a distinguished ambassador which Mr. Bolton led the effort that this is the fourth time the Senate, to the United Nations, Adlai Steven- was so important in establishing a dy- after a Presidential appointment, has son, when President Kennedy received namic paradigm so the Middle Eastern sought to confirm Mr. Bolton, most re- information, with photographs by our peace process could move forward, so cently as Under Secretary of State for reconnaissance airplanes, that there that fundamental fairness toward Arms Control and International Secu- were offensive missiles hidden in Cuba, Israel could also prevail at the U.N., a rity. Adlai Stevenson did not have that in- place that has been so incredibly harsh A number of states around the world formation. We know now, from the on Israel and its right to exist. pose great danger and concern. We books that have been written about I am delighted and it is with great spoke about Cuba. It is one of those. that, he was highly offended that he pleasure that I support the nomination But there is also Iran. As to Iran, on was not included in or given that infor- of John Bolton to be the next Perma- Under Secretary Bolton’s watch, Iran’s mation until later when it had been nent Representative at the U.N. formerly covert nuclear program has made public. The fact is, sometimes di- I yield the floor. been exposed and has been described in plomacy has to be conducted in serious The PRESIDING OFFICER. The Sen- detail in seven public reports by the and closed circles. Mr. Bolton success- ator from Rhode Island is recognized. IAEA director general. The IAEA board fully oversaw WMD dismantling and re- Mr. REED. Mr. President, I rise to of directors has adopted six resolutions moval from Libya. speak in opposition to the nomination calling on Iran to suspend its nuclear In addition, I believe there have been of John Bolton to be ambassador to the fuels cycle activities and fully cooper- a number of other unfair accusations United Nations. ate with IAEA inspections. There are two issues at stake. First The EU—particularly UK, France, about Mr. Bolton’s conduct in terms of is an issue of whether this Senate will and Germany—the United States, and his relationship with subordinates. receive critical information so that we Russia are working closely to suspend The fact is, some of these allegations can deliberate carefully and thor- and reverse Iran’s nuclear program and have been found to be completely de- to develop a complete absence of any void of any merit. In fact, the majority oughly about Mr. Bolton’s nomination. further nuclear testing by them. Today report on the Melody Townsel case— So far, the State Department, as my we had some encouraging news. We one of those that was so sensational, colleagues, Senators DODD and BIDEN, hope we can build on that. That is a that caused the Foreign Relations pointed out, failed to provide informa- success that, in no small measure, is Committee to defer consideration of tion under the theory that they get to due to Mr. Bolton’s work. his nomination until 3 weeks later—the decide what we should know when we In addition, we have talked about investigation on page 315 of the report are casting a vote as important as am- North Korea. I find it terribly inter- says: bassador to the United Nations. It is a esting that the irrational behavior of The investigation was not able to establish novel theory, but it holds no water. If the North Korean Government, which conclusively that the alleged events even oc- we allow this to go on, it will make the we all know to be irrational and uncon- curred. Senate irrelevant when it comes to ventional, would be laid at the feet of The fact is that, along with many of major decisions about nominations and this nominee. North Korea has had nu- these other allegations that have real- major decisions about the future policy clear aspirations for decades. And it ly nothing to do with the qualifications of the country. began an active effort to acquire nu- and competence of Mr. Bolton, has The second issue is the qualifications clear weapons years before the Bush been found to be either without merit of Mr. Bolton to be ambassador to the administration came into office, years or with very little merit. United Nations. For me, this is not a before Mr. Bolton was in the position Mr. President, in conclusion, it is particularly hard vote. I opposed Mr. he holds. The 1994 agreed framework time that we move forward with this Bolton’s nomination to be Assistant was doomed to fail and was only a good man’s nomination. I find it, as a Secretary for Arms Control. That was short-term Band-Aid to the resolution fairly new Member of the Senate, a lit- based upon my review of his record, his of this problem. It was akin to looking tle disturbing and disappointing how statements, and his commitment to down a soda straw and at a plutonium easily and with little hard evidence a arms control and counterproliferation. facility and ignoring the fact that person’s reputation can be tarnished. Frankly, I think over the last several North Korea began cheating, almost as The fact is, there have been bits and years—the record is mixed, but in large the ink was drying, by embarking on a pieces that were either exaggerated or part it suggests that his duties there covert uranium enrichment program. simply not found to have merit that certainly don’t warrant a promotion to The Bush administration changed have been now utilized to try to derail be ambassador to the U.N. tracks. The Bush administration took this good man’s nomination. He was instrumental in establishing a different policy approach. I look forward to Mr. Bolton’s service the Proliferation Security Initiative, I understand there may be some on at the U.N. I think he will be a good which is a potentially useful frame- the other side of the aisle who disagree and effective reformer in an institution work, but as CRS pointed out:

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5969 Without greater resources, legal authority times, in the long run we are better John Bolton was picked by the Presi- or technical tools for interdiction, the suc- when we ally with other nations than dent. A President ought to be able to cess of PSI may rest on a political commit- striking out alone. Mr. Bolton has a bring people into his administration, ment of like-minded states to follow different view of the U.N. men and women, who share the values, through. In 1994, he stated: the aspirations, the goals, of that ad- In a sense, after all of the initial There is no such thing as the United Na- ministration. This President also rep- hype, there does not appear to be the tions. . . .If the U.N. Secretariat Building in resents the views of most Americans followthrough necessary to make this New York lost 10 stories, it wouldn’t make a who believe the United Nations needs work. That was on Mr. Bolton’s watch. bit of difference. reforming. We need to bring someone He also negotiated the 2002 Moscow That is a narrowed-minded view and into that position to get those reforms Treaty, but this is an interesting arms not historical. The U.N. has made a dif- done. control treaty. It has no verification ference. I believe very strongly John Bolton regime. There is no requirement for ei- Repeatedly, Mr. Bolton talked about is exceptionally well-qualified for this ther side to make adjustments in the his disdain for the U.N. In 1998, he was task. This is a time of change, a time status of nuclear weapons until the responding to the ramifications of not of improvement that is necessary for last day of the treaty, which is years paying U.N. dues. In his words: the United Nations. from now. It has no provisions for con- Not only do I not care about losing the During the protracted committee tinuing negotiations. Again, more style General Assembly vote, but actually see it as process, we saw all sorts of sensational- than substance, more press release a ‘‘make my day’’ outcome. ized charges and outright fabrications than real progress. That is not the kind of cavalier atti- against John Bolton. His nomination Secretary Rice has indicated that tude that will bode him well as ambas- nonetheless, has finally reached the Mr. Bolton was involved in negotia- sador to the United Nations, where he Senate where I am sure my colleagues tions which led to a significant break- becomes one of the chief diplomats in will see the wisdom in confirming John through—the renunciation of nuclear our diplomatic arsenal, if you will. Bolton. This debate provides an oppor- weapons by the Government of Libya. In an article in the New York Times, tunity to have a full discussion on However, if you listen to British offi- Elizabeth Jones stated: John Bolton and his qualifications to cials participating in the negotiations, I don’t know if he’s incapable of negotia- serve as Ambassador to the United Na- they requested that the White House tion, but he’s unwilling. tions. take Mr. Bolton off the negotiating Ms. Jones believed that: What has been lost in this entire de- team because he was undermining their ‘‘The fundamental problem,’’ if Mr. Bolton bate from the very beginning as they potential for success. were to become U.N. ambassador, would be a are off on tangents, detours, and all While Mr. Bolton was an Under Sec- reluctance on his part to make the kinds of sorts of allegations. What is being retary for State for Arms Control, the minor, symbolic concessions necessary to missed—and what I hope my colleagues United States withdrew from the ABM build consensus among other governments and the American people will focus Treaty, becoming the first nation since and maintain the American position. on—is the dire need for change in the World War II to withdraw from a major In another view by Jeane Kirk- United Nations. The need for account- international security agreement. patrick, former U.S. ambassador to the ability, the need for scrutiny, the need Mr. Bolton also blocked efforts to U.N. and referred to by my colleague for reform. add a verification clause to the Bio- from Florida, she stated: In testimony before the Foreign Re- weapons Convention, blocked negotia- John Bolton may do diplomatic jobs in the lations Committee and in interviews tions in the Geneva Conference on Dis- U.S. Government, but John is not a dip- conducted by the committee staff, armament with respect to the lomat. there is almost no mention, or discus- weaponization of space, and worked to Frankly, the role of ambassador re- sion, of what needs to be done to re- weaken a treaty on small arms traf- quires a diplomat, not someone who is form the United Nations. John Bolton ficking. an intellectual bully, not someone who is a man with the skill, wisdom, prin- That is not the record of somebody is there to make a point and not to ciples, and the right person to un- who is an Arms Control Under Sec- make progress, not someone there to flinchingly lead those changes as our retary committed to ending prolifera- send a message, to deride the work of representative. tion. If you look at North Korea, when his colleagues at the U.N. Much of the debate during the com- he took over, they had, at most, two So I think we have a responsibility mittee consideration and some of the nuclear weapons. Now, North Korea on two fronts: First, to assert rather things that have been said in the Sen- may have as many as eight—four times strongly that we are relevant to this ate has been focused on the sensibili- the peril and danger. That is not a process, that we need information, and ties of some who are apparently easily record that compels a promotion. that executive agencies do not decide offended. There is a fascination with I think this is a situation in which what information we need. And second, speech crafting. For example, there is other factors have come into play—as- Mr. Bolton’s record to date, his state- concern over what Mr. Bolton said at a sertions and allegations that he has ments to date, his attitude to date sug- speech to the Heritage Foundation con- pushed the envelope with respect to in- gest he will not be an effective ambas- cerning Cuba’s biological weapons pro- telligence, about threats from Syria sador to the United Nations. As a re- gram and how that might be shared and other countries. Again, this is not sult, I urge that his nomination be op- with rogue nations. a record that deserves promotion, a posed. The reality is, and I will quote this record of someone who is in a chal- Mr. President, I yield back my time. for the record so if anyone wants to see lenging world and is able to make a I suggest the absence of a quorum. what was actually said that created major, positive difference with respect The PRESIDING OFFICER. The this controversy. What was actually to arms control, and it reflects the ad- clerk will call the roll. said is the following by John Bolton at ministration’s disdain for the process The legislative clerk proceeded to the Heritage Foundation in the speech of arms control and counter- call the roll. ‘‘Beyond the Axis of Evil,’’ May 6, 2002: proliferation. Mr. ALLEN. Mr. President, I ask Here is what we now know. The United Now Mr. Bolton has been nominated unanimous consent that the order for States believes that Cuba has at least a lim- to be ambassador to the U.N. And once the quorum call be rescinded. ited offensive biological warfare research again, Mr. Bolton is reflecting the ad- The PRESIDING OFFICER. Without and development effort. Cuba has provided ministration—this time their disdain objection, it is so ordered. dual-use biotechnology to other rogue states. for the U.N. I believe that is wrong. Mr. ALLEN. Mr. President, I rise to We are concerned that such technology could We should have recognized, after our offer to my colleagues my strong and support biological weapons programs in those states. We call on Cuba to cease all bi- experience in Iraq, that we cannot go it unequivocal support for John Bolton ological weapons applicable cooperation with alone. As unpleasant as international and his nomination to be our United rogue states and to fully comply with all of organizations can be sometimes, as in- States representative to the United Na- its obligations under the Biological Weapons efficient and unworkable as they are at tions. Convention.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5970 CONGRESSIONAL RECORD — SENATE May 26, 2005 Well, one of the people, a very cheer- ships and terrorists, as well as being a our European and other allies around ful fellow, Carl Ford, complained about waste of the taxpayers’ money. the world, to make sure that rogue na- the sensibilities of some staff person. Over the last year, we have witnessed tions do not acquire those nuclear Here is what he said in testimony to scandal after scandal in the United Na- weapons. the Foreign Relations Committee. He tions. Unfortunately, these are not We have seen in recent years that the said: issues that can be addressed by a few United Nations can provide an impor- The United States believes that Cuba has marginal changes. These are issues tant role in helping the spread of de- at least a limited developmental offensive bi- that have shaken the credibility of the mocracy. They can be helpful in re- ological warfare research and development United Nations and caused many citi- building societies that are emerging effort. Cuba has provided dual use bio-tech- zens in the United States, and people from decades of tyranny and repres- nology to rogue states. We are concerned around the world, to really wonder sion. that such technology could support biologi- whether the U.N. has any relevance in The United Nations has a role to play cal weapons programs in those states. We the future or has a redeeming role in in the future of global affairs and secu- call on Cuba to cease all biological weapons applicable cooperation with rogue states and world affairs. rity, but it can only do so if it takes se- to fully comply with all its obligations under Now, the United Nations was founded rious steps to reform the extraordinary the Biological Weapons Convention. on: corruption and ineptitude that has Mr. President, I see you are squinting faith in fundamental human rights, in the plagued it in recent years. and trying to probably figure out: Well, dignity and worth of the human person. Now, John Bolton comes to this nom- what is the difference? There is no dif- While the United Nations performs a ination with a broad and deep knowl- ference. It is the same in the speech as number of admirable endeavors, it is edge of international affairs. From his was the testimony from Mr. FORD in also beholden to tyrants, dictators, and early days as General Counsel at the the Foreign Relations Committee. repressive regimes in certain cir- U.S. Agency for International Develop- Then, we hear from folks talking cumstances. Not considering the scan- ment during the Ronald Reagan admin- about: Oh, people were upset because of dals, this is an organization that has istration, to his most recent post as all of this concern on how this speech allowed some of the world’s worst vio- Under Secretary of State for Arms was constructed. Well, here is the re- lators of human rights to chair its Control and International Affairs, Mr. ality. The whole process was one in Commission on Human Rights. Just Bolton has spent a great deal of time which the person who was clearing this when the United States has made a working on advancing the interests of language did some things that were in- commitment to the spread of freedom the United States and our foreign pol- appropriate. An e-mail from Thomas and justice throughout the world, it is icy. Fingar to Thomas Bolton stated the difficult for Americans—I know in Vir- Some have wrongly criticized John following: ginia, in North Carolina, and elsewhere Bolton as a rigid unilateralist who is around this country—to see the United incapable of building consensus with I looked at what my guy sent to the IC and that won’t happen again . . . Choice of the Nations as anything other than wast- allies. However, his years of service phrase ‘‘does not concur’’ was entirely inap- ing their tax dollars. When a country prove otherwise. propriate . . . we have no role whatsoever in such as Libya is chairing the Human On counterproliferation, Mr. Bolton’s determining how you or any policymaker Rights Commission. Sudan is on the efforts gave life and actual meaning to says what you want to say beyond sug- Human Rights Commission, and within President Bush’s Proliferation Secu- gesting alternatives that we think might be the last several weeks, Zimbabwe has rity Initiative. Under John Bolton’s cleared more readily than what has been been made a member of the Commis- leadership, a dangerous gap in counter- drafted if time was of the essence and the sion. This is certainly not an indica- proliferation enforcement on the seas drafter asked for such advice. tion that the Secretary General’s call has been filled by international co- The bottom line, he ends it: for reform of the Commission on operation and information sharing. We screwed it up, but for base reasons. It Human Rights is at all being heeded. Sixty countries were brought together. won’t happen again. Now, as public servants and stewards That is not working alone. He under- So John Bolton had a reason to be of the American taxpayers’ dollars, we stands, if we are going to interdict concerned about how some things went need to make sure the revenues we al- weapons of mass destruction, biological around through the loops and so forth. locate are being put to good use. The weapons, nuclear or otherwise, we do The reality is, as many individuals, our United States and the people of this need the support of other countries. colleagues, fellow Senators, particu- country, the taxpayers, every single In addition, Mr. Bolton helped create larly on the Foreign Relations Com- year, are providing $2 billion to the the Global Partnership at the G–8 sum- mittee—in recent months, once John United Nations. We will provide over 22 mit in Alberta, Canada, in 2002. This Bolton had been nominated for this po- percent of the U.N.’s regular budget in partnership doubled the size of the non- sition—were talking about how he was 2005. proliferation effort in the former So- rude maybe, or irascible with some I believe all Americans want reforms viet Union by committing our G–8 staff, or concerned about this, that, or enacted that would prevent future partners to match the United States’ $1 the other. Things that have supposedly abuses in programs like the Oil-for- billion per year Cooperative Threat Re- come up in recent years, of course, Food Program, where Saddam Hussein duction or Nunn-Lugar program. each and every one of these allegations and his thugs skimmed off $20 billion. I He also played a central role in nego- have been refuted and the truth has think we also, as Americans, want to tiating the Treaty of Moscow, which come forth. hold accountable U.N. peacekeepers will reduce operationally deployed nu- The reality is that when John Bolton who commit crimes against children. clear weapons by two-thirds. was proposed and nominated to be We have an obligation to work with Elimination of North Korea’s nuclear Under Secretary of State, back in 2001, like-minded reformers in the U.N. to threat still requires much hard work, Senators BIDEN, BOXER, KERRY, DODD, make sure policies are implemented to but it is clear that the half century and SARBANES—all of them—voted prevent similar abuses in the future. stalemate that has allowed the North against John Bolton. That was even be- Now, reform is absolutely necessary Koreans to steal or develop nuclear fore they knew about these tangential in the United Nations. The United Na- arms technology is over. Growing pres- issues. tions is in a crisis, and the United sure is on that dictatorship, and John Now, I would prefer, when looking at States has a strong interest in seeing it Bolton’s role at the State Department the United Nations, we would be, as a emerge as a credible and relevant insti- in creating it are being confirmed by country, united in making sure we pur- tution once again. The U.N. Security the torrent of personal invective di- sue the abuse and anti-Americanism Council and International Atomic En- rected at him from the North Korean that pervades the United Nations. ergy Agency, otherwise known as Government. Rather than get off on these tangential IAEA, are needed forums for discussing While our Ambassador there might and unfounded charges, I am much the proliferation of nuclear weapons have had his sensibilities offended by more concerned about the United Na- and the actions that need to be taken, John Bolton calling the North Korean tions being used as a front for dictator- not just by the United States but with regime a ‘‘repressive dictatorship,’’

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5971 which seems to be accurate, as well as going to be a lapdog. He is not going to to advance our foreign policy and goals saying it is a ‘‘hellish nightmare’’ for get seduced by niceties. He is going to at the United Nations. people to have to live in. North Korea, say: This is what needs to be done. Let me conclude with these final which I might not have used the first As Assistant Secretary of State for thoughts. In 1945, when it reported the word, but it is certainly a nightmare, International Organizations—and this U.N. Charter to the Senate for ratifica- it seems to me to be very accurate de- is, indeed, working with the United Na- tion, the Senate Foreign Relations scription. tions—John Bolton—and you can read Committee wrote that: Of course, some have criticized John what Secretary of State Lawrence . . . neither this Charter nor any other docu- Bolton for doing that. And gosh, the Eagleburger wrote—led the effort to ment or formula that might be devised can North Koreans called him ‘‘human have the United Nations change its odi- prevent war. . . . The establishment of the United Nations will at best be a beginning scum.’’ I am going to stand with John ous resolution that equated Zionism toward the creation of those conditions of Bolton in his characterization of North with racism. Now, to get the United stability throughout the world which will Korea. In fact, they say of John Bolton: Nations to say that they ever did some- foster peace and security. Oh, this was not helpful for him to be thing wrong and to repeal it—similar As we know, the United Nations has calling North Korea or characterizing to anything that even happens here, to fallen short of these expectations. But it as it is. say we did something wrong and to re- a better, more accountable United Na- He helped break a long international peal some law—takes some negotia- tions may better serve our interests silence, while there are some who tion. John Bolton was able to get the much more reliably. think, when you are dealing with a re- United Nations to repeal that odious Thus, the Bolton nomination offers pressive dictatorship, the best thing to resolution. the Senate an opportunity to again do is just be quiet, calm them down, It is a clear, a very clear—example of play a historic role in bringing sensible try to coordinate them into a corner, his ability to stand by principle, stand reform to the United Nations. It is pet them, don’t get them agitated, and for what is right, and also to work co- worth the effort. John Bolton is the maybe they will just change on their operatively with other countries in the right person to advocate our principles, own. Maybe there are those who think United Nations. and he will not be easily seduced by you can have editorials in newspapers So in my view, John Bolton has the empty, meaningless, courteous pontifi- and that is going to matter to tyrants knowledge and experience to effec- cations of international bureaucracies. and dictatorships. They don’t care tively represent the United States at John Bolton will bring much needed about public opinion. They don’t care the United Nations and to negotiate reform and accountability to the about human rights. All they care the changes that need to be made to United Nations, that is in dire need of about is power and staying in power. ensure its relevancy and its credibility such to regain its credibility. He will So John Bolton, in my view, per- in the future. All of us want a United be a watchdog, and that is what I think formed a valuable service in breaking Nations that is with us, working to ad- the taxpayers of this country want. He this long international silence about vance free and just societies and is going to be a strong diplomat, a man the suffering of the people in North human rights around the world. We do of vision, and an integral part of an ad- Korea. For too long, savage conditions, not want them squandering, wasting ministration team that has proven its condemned by food aid workers, and money, propping up repressive regimes, readiness to foster positive change glimpsed by visitors to the North, re- being a front for terrorist regimes. We throughout the world. ceived very little, very scant world at- need the United Nations to remember The Senate, at 6 o’clock this evening, tention. By magnifying the human di- what its charter is. I hope, will take action—take action, mension of the North Korean problem, Now, unfortunately, the committee and very positive action. There will be his work may hasten the day when was forced to spend a majority of its some differences, but let’s recognize these abhorrent human rights viola- nomination hearing and subsequent that this is a historic time, a time for tions in North Korea will end. The re- meetings on tangents, exploring wild change in the United Nations, a time ality for North Korea is that we need claims, and not addressing the issues for reform. And these reforms will be the Chinese. The South Koreans, the that face the United States at the positive. Our taxpayers will support Japanese, and the Russians are all very United Nations. Nor has the debate these changes. I think freedom-loving countries and important but as a practical matter been much about John Bolton’s quali- people who are not yet tasting that the ones who really prop up that re- fications to serve as our representa- sweet nectar of liberty will also appre- tive. gime is the Government of the People’s ciate these changes. The billions of dol- Most of those who have complained Republic of China. lars going to the United Nations will be When people are allowed to escape and made charges against John Bolton used for positive, constructive change from North Korea, what happens? They never had any intention of considering in implementing and fostering the con- get to some embassy in China and they the merits of his nomination in the struction of those pillars that are so get sent back to North Korea. Guess first place. When considered, as I said essential for a just and free society: what happens? They get tortured and earlier, for his current position, all of The freedom of religion, freedom of ex- in some cases they get killed. We need these—Senators BIDEN, SARBANES, pression, private ownership of prop- DODD, BOXER, and KERRY—voted to make sure that if somebody can get erty, and the rule of law. Those are the against him. We have had many unsub- out of that regime—just as if someone principles we need to address, and we could have gotten out of East Germany stantiated claims and rumors and exag- are, as a country, in advancing the or Czechoslovakia or Hungary or Po- gerated innuendo. I do see the Senator United Nations, consistent with its land; if they somehow could get out of from Wisconsin, who did vote for him Charter, which ought to be a strong those countries and escape to Austria, the other time, so it does not apply to ally, not an impediment, in those ef- to West Germany, to the Netherlands, Senator FEINGOLD. I hope the Senator forts. to Denmark, we certainly would not recognizes I did not list his name. I I hope we will work with John Bolton say: Go on back in there and let the think, as people look at these overly and the United Nations to bring forth East German police take care of you or hyped charges, they have been refuted. this reform, improve the credibility let the Soviet puppets in the Eastern They do not have any bearing on John and, in fact, the effectiveness of the Bloc take care of you. Bolton’s ability to serve as our ambas- United States and the United Nations, So, I think John Bolton has done a sador to the United Nations. to advance freedom and justice for peo- great job in pointing out the human A President should have the preroga- ple throughout the world. rights violations in North Korea. Some tive to select the men and women—un- I thank you for your attention, Mr. may also not agree with his forthright less there is some extraordinary, prov- President, and I yield the floor. critique of the United Nations and its en infirmity or criminal violation—he The PRESIDING OFFICER (Mr. failings. I think Mr. Bolton has clearly determines to advance and lead his ini- ALEXANDER). The Senator from Wis- placed a great deal of thought into his tiatives and also to keep the promises consin. views, and he can work with the United he made to the American people. Presi- Mr. FEINGOLD. Mr. President, I rise Nations’ bureaucracy. But he is not dent Bush has nominated John Bolton to oppose the confirmation of John

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5972 CONGRESSIONAL RECORD — SENATE May 26, 2005 Bolton to be the next U.S. ambassador jected. According to interviews con- staff that Bolton attempted to retali- to the United Nations. I do not take ducted by the committee staff, ate against at least two public servants this decision lightly. As the Senator Bolton’s office pushed back, resisting in the non-proliferation bureau because from Virginia just pointed out, when the intelligence community’s efforts to of differences in their policy views. Mr. Mr. Bolton’s nomination was first an- alter problematic provisions. Bolton Bolton tried to remove a State Depart- nounced, my vote was by no means a was determined to be such a loose can- ment attorney from a case relating to foregone conclusion. In fact, in 2001, non that the Deputy Secretary of State a sanctions issue because of perceived when the Senate Foreign Relations instituted an extraordinary policy to policy disagreements—the record sug- Committee considered the nomination address the problem, requiring all of gests that Mr. Bolton actually mis- of Mr. Bolton to be the Under Sec- Mr. Bolton’s public presentations to be understood where the lawyer in ques- retary of State for Arms Control and cleared by Larry Wilkerson, Secretary tion stood—and went so far as to sug- International Security, I parted com- Powell’s Chief of Staff, or Deputy Sec- gest that he would not work with the pany from my Democratic colleagues retary Armitage himself. State Department’s entire legal bureau on the committee to vote in favor of Regrettably, I do not have confidence on the matter from that point on—a his nomination both in committee and that his personal agenda would always, declaration quickly negated by Deputy on the floor. as it must be, subordinated to that of Secretary Armitage, who felt com- I did so because I generally believed, the Secretary of State who, in testi- pelled to remind Bolton that as a State as the Senator from Virginia said, that mony before this committee in her Department official, he would indeed the President has the right to choose first days in office, has placed such a be working with the State Depart- executive branch nominees who share premium on restoring frayed diplo- ment’s lawyers. This kind of tunnel-vi- his overall world view, even when I do matic ties. sion, everyone-else-out-of-the-room ap- not share that world view. Barring se- In addition, information that came proach was summed up by Secretary of rious ethical lapses or a clear lack of to light during the Senate Foreign Re- State Powell’s Chief of Staff Larry appropriate qualifications for a given lation Committee’s consideration of Wilkerson, who told the committee staff, ‘‘when people ignore diplomacy job, I tend to give the President a great this nomination indicates that John that is aimed at dealing with [North deal of latitude in making these ap- Bolton has sought to punish intel- Korea’s nuclear weapons development] pointments. ligence analysts whose assessments did But after examining the record, I not support what Mr. Bolton wanted to in order to push their pet rocks in have concluded that Mr. Bolton is fun- say or wished to say. After all that has other areas, it bothers me, as a dip- damentally unsuited for the job to happened to our country’s reputation lomat, and as a citizen of this coun- try.’’ When asked specifically if he which he has been nominated. His bla- and credibility in recent years, we can- thought that Mr. Bolton had done that, tant hostility toward the institution at not afford to tolerate, let alone pro- Wilkerson said, ‘‘Absolutely.’’ Mr. which he would serve and his history of mote, a policymaker who seeks to si- Wilkerson ended his interview with the pursuing his personal policy agenda lence dissent from the intelligence committee with the following: while holding public office lead me to community. What the committee found question whether Mr. Bolton’s appoint- was not that Mr. Bolton made careless I would like to make just one statement. I remarks in the heat of a tough bureau- don’t have a large problem with Under Sec- ment as our ambassador to the United retary Bolton serving our country. My objec- Nations would serve the interests of cratic dispute; the evidence shows that tions to what we’ve been talking about the United States. over a period of many months, Mr. here—that is, him being our ambassador at I share the views of many who are in- Bolton repeatedly sought the removal the United Nations—stem from two basic sisting on reform at the U.N. The U.N. of a respected intelligence analyst at things. One, I think he’s a lousy leader. And must become more effective and more the State Department who had raised there are 100 to 150 people up there that have accountable and, as stewards of the concerns about language Mr. Bolton to be led; they have to be led well, and they wished to use publicly, in the course of have to be led properly. And I think, in that American taxpayers’ dollars, we must capacity, if he goes up there, you’ll see the insist on this point. But Mr. Bolton’s the standard clearance process, a proc- proof of the pudding in a year. Second, I dif- record suggests that his personal ani- ess that is there to protect against fer from a lot of people in Washington, both mosity toward the United Nations is so misleading or inaccurate public char- friend and foe of Under Secretary Bolton, as great that he cannot effectively lead acterizations of important security to his, ‘‘brilliance’’. I didn’t see it. I saw a the charge for reforms that can make issues. And Mr. Bolton repeatedly man who counted beans, who said, ‘‘98 today, this vital, but deeply flawed, institu- sought the removal of the National In- 99 tomorrow, 100 the next day,’’ and had no tion stronger and more effective. telligence Officer for Latin America, willingness—and, in many cases, no capac- ity—to understand the other things that He seems to view the U.N. as an in- again pursuing this vendetta for were happening around those beans. And strument to be used when it suits only months, not heated minutes, and going that is just a recipe for problems at the our immediate interests but one best so far as to consider blocking country United Nations. And that’s the only reason ignored or even undermined the rest of clearance for Mr. Smith to travel that I said anything. the time. His failure to grasp the give abroad. In both cases, the offense that Some have suggested that, because and take required for effective so incensed Mr. Bolton appears to be Mr. Bolton did not succeed in his at- multilateralism makes him a real ob- that the analysts did their jobs—they tempts to end the careers of analysts stacle to any hope of pursuing vital presented the facts as they saw them, whose dissenting views angered him, long-term U.S. interests and increasing and declined to keep silent when the and because he did not succeed in his burden sharing and marshaling a global facts did not support what Mr. Bolton attempts to manipulate the govern- force strong enough to defeat the ter- wished to say. And in both cases, senior ment’s processes to shut out voices of rorist networks that seek to do us officials with decades of experience in disagreement, caution, or dissent, harm. government who were involved in these there is no problem here. I cannot be- Mr. Bolton’s record also reveals episodes told committee staff that lieve that any of my colleagues actu- many instances of intemperance and Bolton’s actions—his attempts to re- ally believes that is true—not after all rash decisionmaking. At least two sen- taliate against these analysts—were that we have learned about the vital ior intelligence officials told com- absolutely extraordinary. importance of dissent in the intel- mittee staff that Bolton’s draft testi- In addition to these disturbing inci- ligence community from the 9/11 Com- mony prepared for a House hearing on dents, other interviews conducted by mission, the Silberman-Robb Commis- Syria in 2003 went well beyond what committee staff revealed a broader pat- sion, and numerous other investiga- the intelligence community would tern of attempting to simply cut those tions into the major intelligence fail- clear or could clear. This wasn’t a case who disagreed with his policy views, or ures that have gravely harmed our in which State Department intel- those who he believed disagreed with credibility and our security over the ligence analysts alone had concerns his policy views, out of the policy-mak- past years. Why would we choose to about Bolton’s proposed language. The ing process entirely. John Wolf, the promote to a position of prominence CIA, the Department of Energy, and former Assistant Secretary of State for and trust an individual who has repeat- the Defense Intelligence Agency all ob- Non-Proliferation, told committee edly tried to suppress inconvenient

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5973 analysis? As the former Chairman of I deeply appreciate the extraordinary and nurturing a strong international the National Intelligence Council told courage of the many people who came coalition to fight terrorism and the the committee staff, politicization forward to share with the Foreign Re- proliferation of weapons of mass de- ‘‘even when it’s successfully resisted, it lations Committee their own concerns struction. John Bolton is not that doesn’t mean that there hasn’t been an about Mr. Bolton’s fitness for the UN nominee. I urge my colleagues to reject effect, because it creates a climate of post or to correct inaccuracies in the this nomination, and let us work to- intimidation and a culture of con- record—in some cases at real risk to gether to quickly confirm a different formity that is damaging.’’ Carl Ford their own careers. I am grateful for nominee—one who represents the told this committee about his concerns their efforts, and deeply appreciate President’s views but also has the of a ‘‘chilling effect’’ that Bolton’s ac- their honesty. I hope that my col- skills, the record, and the confidence of tions with regard to Mr. Westermann leagues will consider their words care- the Senate required to be an effective could have on all of the analysts in the fully. Their statements came at a price ambassador. We can do, and we should department’s intelligence analysis bu- to them, and they should not be ig- do, much better than John Bolton. reau. And Mr. Westermann told the nored. I yield the floor. committee staff that in the wake of his In contrast to these admirable public Mr. HAGEL. I suggest the absence of run in with Mr. Bolton, ‘‘I was con- servants—many of whom, by the way, I a quorum. cerned that I had to spend time think- would likely disagree with on any num- The PRESIDING OFFICER. The ing about how I was approaching issues ber of important policy issues—the ad- clerk will call the roll. ministration has failed to be forth- so that I didn’t step on a landmine.’’ The assistant legislative clerk pro- coming in this process. Mr. President, I Attempting to undermine important ceeded to call the roll. clearance processes, attempting to run share the concerns that have been ex- Mr. ALEXANDER. Mr. President, I roughshod over the safeguards in place pressed by some of my colleagues on ask unanimous consent that the order to protect U.S. credibility, is an aw- the Committee regarding the adminis- for the quorum call be rescinded. fully big problem, whether or not the tration’s failure to respond satisfac- The PRESIDING OFFICER (Mr. attempt was successful. It is, in my torily to requests for documents and HAGEL). Without objection, it is so or- view, a disqualifying problem. information relating to this confirma- Finally, Mr. President, I urge my col- tion. The administration declined to dered. leagues to examine the record of the produce requested documents and in- Mr. ALEXANDER. Mr. President, I Foreign Relations Committee’s consid- formation, apparently because they do would like to say a few words about the eration of this nomination. It raises not believe the requested information nomination of John Bolton. The Pre- very serious concerns regarding Mr. is relevant. Quite frankly, that is not siding Officer is a member of the For- Bolton’s understanding of his obliga- for the administration to determine. eign Relations Committee, and we tions to be forthcoming with this com- Not only does the administration’s ra- spent a good deal of time listening to mittee. Several of Mr. Bolton’s answers tionale fail to respect the Congress as a testimony on the President’s nomina- to Senators’ questions were misleading co-equal branch of Government, it also tion of Mr. Bolton to be Permanent at best, and several were quite bla- speaks of bad faith and contempt for Representative at the United Nations. tantly non-responsive. A number of the role of Congress in the confirma- On the face of it, he is as well quali- these instances relate to Mr. Bolton’s tion process. fied for this position as any person who efforts to retaliate against intelligence Finally, Mr. President, during the has ever been nominated for the posi- analysts, and these are detailed in the committee’s consideration of this nom- tion. He has a distinguished back- minority report on this nominee. But ination, Senator SARBANES reminded ground, confirmed by this body, I be- others relate to more general foreign all of us of the history of the position lieve, four times, 4 years ago as Under policy issues. The Bush administra- of the United States Ambassador to the Secretary of State for Arms Control tion’s first Ambassador to South United Nations. He listed the names of and International Security. He was As- Korea, Tom Hubbard, was so troubled all 24 public servants who have held the sistant Secretary for International Or- by Mr. Bolton’s misleading character- office. Twenty-two of those twenty ganizations under the first President ization of Mr. Hubbard’s role in approv- four were confirmed by unanimous con- Bush, for whom I served. He was assist- ing a controversial speech that Mr. sent, or with unanimous votes, or with ant to Attorney General of the Depart- Bolton gave in Seoul that he felt obli- voice votes. One was confirmed by a ment of Justice in the late 1980s. That gated to contact the committee to cor- vote of 89 to 3. The most controversial would be during the Reagan adminis- rect the record. Ambassador in our history was con- tration. That is a big job. I believe he In light of the evidence this com- firmed by a vote of 81–16. We have been was the Assistant Attorney General for mittee has seen in recent weeks, most represented by some very direct, opin- the Civil Division of the U.S. Depart- of us can probably agree that if Mr. ionated, colorful characters at the ment of Justice. He was Assistant Ad- Bolton does end up being our next Am- United Nations. But we have never sent ministrator for Program Policy Coordi- bassador to the UN, extremely careful a figure so polarizing, or one with nation for USAID in 1982 and 1983. He oversight will be required. But our credibility so tattered, as the nominee was general counsel for the U.S. Agen- oversight responsibilities depend, in before us today. John Bolton does not cy for International Development. many instances, on the executive have the support of a single Democrat He has the kind of academic record branch officials who come before us un- on the Senate Foreign Relations Com- all of us would like to have: summa derstanding that they have a constitu- mittee. He does not have the support of cum laude from Yale, a JDL from Yale tional obligation to be forthcoming a majority of that committee. I do not Law School. with Congress. The record that he has understand why the administration is He comes from an enormously distin- amassed during this confirmation proc- insisting upon thrusting such a trou- guished background. As has often been ess gives me no confidence that Mr. bled nominee into such a sensitive and pointed out on this floor and in com- Bolton intends to adhere to this obliga- important post. From achieving real mittee hearings, he has some solid ac- tion. reform of the UN to rebuilding US complishments, including leading the Mr. Bolton’s nomination raises fun- credibility to creating a solid global American efforts to repeal the resolu- damental questions regarding both coalition to combat terrorism, the tion at the United Nations which credibility and accountability. The stakes at the UN are as high as they equated Zionism with racism and his credibility of our representation at the have ever been. If the President had work with the liberation of Kuwait in UN, the credibility of intelligence, the chosen a public servant of impeccable 1991 through the U.N. Security Council. credibility of the oversight process are judgment, the committee and the Sen- When former U.S. Secretary of State at stake. And the question of whether ate would have rallied around that se- Jim Baker was asked to help the or not this committee will hold offi- lection, eager to work in partnership United Nations in its work in western cials who seek to suppress dissent ac- with a nominee capable of, and com- Sahara, Secretary Baker, who is known countable for their actions is before us mitted to, mending frayed relation- for choosing exceptionally talented today as well. ships, encouraging real burden-sharing, people to work with him, asked John

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5974 CONGRESSIONAL RECORD — SENATE May 26, 2005 Bolton to work with him in the west- telligence.’’ Mr. Ford was very clear on or another person, and I have always ern Sahara in the 1990s pro bono. He de- that point in his testimony to the com- regretted it when I have and it has signed the current administration’s mittee. made me redouble my efforts to make proliferation security initiative under In other interviews conducted by our sure I swallow my pride more quickly which more than 60 nations now share Foreign Relations Committee staff and think about what I say and not do intelligence and take action to stop the since that time, another issue was that anymore. It is not good conduct. transfer of dangerous weapons. raised about a disagreement about in- It is not good business. But just how So I was not one bit surprised when telligence. One of Mr. Bolton’s subordi- significant is this? Mr. Bolton made an impressive appear- nates who was on detail from the CIA Here is what former Secretary of ance before the Foreign Relations sent a report to the Deputy Secretary State Larry Eagleburger had to say Committee on the first day of our tes- of State for review and was unhappy about it a couple of weeks ago in the timony. He demonstrated command of that another bureau had put a memo Washington Post. This deserves special the issues facing the United Nations. on top of that report that said the re- attention. He got a lot of intense questioning, as port was incorrect. That certainly Larry Eagleburger was Secretary of he should from Senators, for such an sounds like a lot of inside baseball to State for the first President Bush. But, important position. The questioning people outside of Washington, and it in a way, he was more than that. Larry lasted for more than 7 hours. He was sounds like a simple disagreement to Eagleburger had 27 years in the For- calm and collected. He answered the me, a disagreement over intelligence eign Service. We hear a lot of times questions with great skill and accu- that is quite common, from what even that a football player is a football racy, I thought, and he focused on the Mr. Ford said. In this case, there is no player’s player, or a man is a man’s need for reform of the United Nations. evidence Mr. Bolton was even aware of man, or a woman is a woman’s woman. He brought with him for that testi- the dispute. So, again, no evidence of Larry Eagleburger is a Foreign Service mony strong support of former Secre- politicization of intelligence. Rather, Officer’s Secretary of State. He had taries of State Jim Baker, Larry it appeared that different staff mem- and has enormous respect from those Eagleberger, Al Hague, Henry Kis- bers were arguing for their own point men and women who put their lives on singer, George Shultz, and endorse- of view, which should not surprise any- the line daily around the world and in ments from more than 50 former am- one around here. the United States in support of our di- bassadors. I was with one of those am- There have been a variety of other plomacy, our foreign policy, and our bassadors a few weeks ago, a man very charges and suggestions. Mr. Bolton country. well known in this body, a former Sen- has had the pleasure that many Presi- Here is what Larry Eagleburger had ator and majority leader, Howard dential nominees had. I was once a to say about John Bolton in an op-ed in Baker. Howard Baker has just returned Presidential nominee and went through : from 4 years as Ambassador to Japan. a confirmation process when the Sen- ‘‘As to the charge that Bolton has been tough on superordinates,’’ Secretary He did a tremendous job there, as ev- ate was in the hands of the Democrats. Eagleburger said, ‘‘I can say that only in eryone expected him to, but he re- So they made sure that everything more than a decade of association with him marked to me privately and said I was about me was pretty well known and in the State Department I never saw or free to say it publicly—in fact, he vol- explained. They took time to do it. I heard anything to support such a charge, nor unteered the information—about how was as polite and happy as I could be. do I see anything wrong with challenging in- he had dealt with Secretary Bolton No one enjoys all of that, but it serves telligence analysts on their findings. They during those 4 years in Tokyo, these its purpose, and it served its purpose can, as recent history demonstrates, make last 4 years, from time to time, and with Mr. Bolton as well. mistakes. And they must be prepared to de- fend their findings under intense ques- how impressed he was with him and In the end, it is my judgment, after tioning. If John pushed too hard or dressed how much he enjoyed working with attending the hearings, reading the down subordinates, he deserves criticism but him. He liked him. He said he spoke testimony, conferring with others who it hardly merits a vote against confirmation frankly, and Senator Baker said he have known Mr. Bolton over time, that when balanced against his many accomplish- thought John Bolton would make a only one charge against John Bolton ments.’’ good ambassador to the United Na- appears to have any substance. John That is Larry Eagleburger, the For- tions. Bolton has been rude to staff members eign Service officer’s Secretary of The second day of hearings that the who are below him in the bureaucracy. State. Presiding Officer and I were privileged As I said, I imagine he is embarrassed Where Larry Eagleburger comes to be a part of was a little different. I by that. I didn’t like to hear it. Per- down is where I come down. I believe was, frankly, disappointed by what I haps he deserves to be embarrassed by the benefit of hearing Mr. Ford’s testi- heard. One of the witnesses was called those charges and perhaps he has even mony may prove to be a little bit of a forward, the former Assistant Sec- learned a lesson. But what I heard lesson to Mr. Bolton, and a reminder to retary for Intelligence and Research, hasn’t changed my vote, even though it the rest of us, us Senators, of how un- and he presented evidence about how might change Mr. Bolton’s ways of attractive it is to shout at an associate John Bolton had, in his words, chewed dealing with people with whom he or unnecessarily dress down a staff out intelligence analysts in the State works. member. Department. How significant is such a charge, I agree with Secretary Eagleburger. Mr. Ford was mad about that. He that he was rude to people in the bu- John Bolton has a distinguished back- didn’t like the fact that Mr. Bolton had reaucracy? As has been mentioned by ground and record. He has dedicated chewed out people on down the line and many others in this body, if that were himself to improving our country’s for- he came to us and told us so. He was a the standard for remaining in the Sen- eign policy. His action toward subordi- convincing witness. He was believable ate we would all have a hard time get- nates might have been inappropriate. because he didn’t overstate his case ting a quorum. There are regularly oc- Perhaps he has learned a lesson. But it and the information he gave us was in- casions when busy Senators eager to doesn’t cause me to change my vote. I formation I would rather not have make their own point are brusque— am glad to support him. known about the next ambassador to with staff members, even shout at col- This is a critical time for the United the United Nations. I am sure Mr. leagues. In fact, the shouting was so Nations. Even the Secretary General Bolton was disappointed, perhaps even loud in one business meeting of our acknowledges it is in need of reform. embarrassed to hear it. Foreign Relations Committee by some Billions of dollars filtered from the But Mr. Ford did not say, in the case of the Senators I could barely hear the U.N. coffers to Saddam Hussein’s pock- that we were talking about, that Mr. charges against Mr. Bolton. ets in the oil-for-food scandal. Top Bolton was misusing or compromising That is not attractive. I do not en- human rights abusers such as Sudan intelligence. In fact, Mr. Ford himself dorse it. It has even caused me to think and Zimbabwe sit on the Human Rights said, ‘‘In this particular case’’—the one back about times that I may have be- Commission. United Nations peace- Mr. Ford was led to complain about, come angry or brusque or impatient or keepers in Africa have been found to ‘‘there wasn’t politicization of the in- startled in dealing with a staff member rape and pillage.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5975 The United Nations has many impor- then we will not have a bold bill. But need to give incentives to individual tant roles in the world. I am glad we we are almost fortunate this did not owners to do more of that. That’s why have them. I want it to work. The pass last year because this is a more I proposed an investment tax credit so President is right in his thinking that urgent time. The natural gas prices are individual owners can take advantage we need to take action to help the $7, the highest in the industrial world. of it. United Nations reform itself and that a We have gone from the lowest in the We can do more research and devel- frank-talking, experienced diplomat industrial world to the highest in the opment in biomass and more research named John Bolton is an excellent can- industrial world. Prices at the pump and development in geothermal. Even didate for that commission. are high. We have a million blue-collar if we do all that we can do for the so- I am pleased to support this nomina- manufacturing jobs in the chemical in- called renewable energies, in the next tion. I hope my colleagues will do the dustry alone that will go overseas if we 20 years—and there is some disagree- same. do not find some way to deal with this. ment about this—in my view, we will Mr. President, I ask unanimous con- September 11 was a big surprise to still be producing about 95 percent of sent to speak as in morning business our country. Our next big surprise is our power—certainly not less than 90 for up to 15 minutes. going to be to our pocketbooks if we do percent of our power—from nuclear The PRESIDING OFFICER. Without not figure out how to deal with the power, from coal, from gas, and hydro. objection, it is so ordered. price of energy. We must figure out Now, how many more dams are going NATURAL GAS PRICES how to have a low-cost, adequate, reli- to be built in the United States? It is Mr. ALEXANDER. Mr. President, I able supply of clean energy that is in- limited. In fact, this bill addresses reli- take a few minutes to speak about nat- creasingly produced in the United censing of hydro dams. There are a ural gas prices, the prices at the pump, States of America and not overseas. good number of those in Oregon where blue-collar workers, farmers, and That is our goal. the Presiding Officer comes from. By homeowners. What is exceptional about this bill, the year 2018, according to the Na- The reason I do that is because the in my view, is that it attacks the prob- tional Hydropower Association, there Senate Energy Committee earlier lem in a much more comprehensive will be 30,000 MW of hydropower plants today did a good piece of work that I way than other versions of the bill that need to be relicensed. That’s half hope the American people understand. have. It begins with aggressive con- of the hydropower in the United By a virtually unanimous vote, 21 to servation. For example, the appliance States. This landmark, bipartisan 1, the committee, after 5 months of efficiency standards, which are in this agreement on hydro relicensing is both work, reported to this body what I hope year’s bill, are about double the effec- urgent and meaningful. will be called the Clean Energy Act of tiveness of those that were in last So if one puts all of that aside, if we 2005. year’s bill. What does that mean? It want to compete for our jobs with peo- I suppose people outside of the Sen- simply means that by some estimates ple from around the world and if the ate get tired of hearing Senators com- these standards could save at peak de- price of energy is a big part of it, what pliment one another, but I do that mand the equivalent of 45 500-mega- do we have to do? Nuclear, coal and today because this would not have hap- watt powerplants. If we save building gas. pened had it not been for the leadership 45 gas powerplants, we decrease the Over the last 10 years, almost all of of Chairman PETE DOMENICI, the Re- building of natural gas and we tend to the new powerplants in America that publican chairman of the Senate En- lower the price. make electricity have been built from ergy and Natural Resources Com- There are a good many other exam- natural gas. Now, how wise is that? mittee, and the ranking Democrat, ples of aggressive conservation. The Here we are with $7 a unit natural gas, JEFF BINGAMAN. second thing the bill does is to begin to the highest price in the industrialized We tried to do this in the last session change the way we produce electricity. world, our chemical companies, our of Congress in the Energy and Natural This country produces about 25 percent blue-collar companies using this, some Resources Committee. We were not of all the energy in the world. We use of them as a raw material—Dow Chem- able to pass an energy bill to give this it here. We have 5 to 6 percent of the ical estimates that 40 percent of the country a comprehensive energy pol- American people and we produce 25 per- cost of its production is energy. Now, if icy. Senator DOMENICI deliberately set cent of the energy. Where does that in other parts of the world natural gas out to do things different in this ses- electricity come from? It comes pri- is significantly lower, we will have a sion of Congress. He sat down with marily from what we call nonrenew- problem. We will have jobs moving Senator BINGAMAN and the Democratic ables. It comes from, first, coal; nat- from here to there. staff and pledged to work with them, to ural gas, second; and nuclear, third. We do not want to make all of our share everything with them. Senator That is 91 percent of it. Now, another 7 power from natural gas. We do it be- DOMENICI visited every member of the percent comes from dams from hydro- cause we know how to do it and be- committee, Republican and Democrat. power and about 2 percent comes from cause it is clean. That leaves us with We worked together on a variety of renewable power, which is windmills, two sources of what we call base load major hearings and roundtables. The solar, biomass, and geothermal. energy, the two things that we must coal roundtable lasted 3 or 4 hours; one If we are in competition with China find a way to use and use in a clean on natural gas lasted 3 or 4 hours. He and India for jobs, and an important way if we want to have a low-cost sup- encouraged a variety of committee part of every farm, every manufac- ply of American-produced energy. One members to become involved. turing plant, every home, is the provi- of those is nuclear, and one of those is On the Subcommittee on Energy, sion of reliable, low-cost, adequate sup- coal. which I chair, he encouraged me to go ply of energy, as a practical matter for Nuclear power is a technology that ahead and, working with Senator TIM the next 20 years, most of that will we invented in the United States, the JOHNSON of South Dakota from across have to come from nuclear power, from peaceful uses of the atom. We figured the aisle, we came up with a Natural coal, and from gas and conservation. out how to do that in the 1950s. One of Gas Price Reduction Act of 2005 into That is where it has to come. the remarkable technological stories in which we put ideas to bring down the $7 Of course, we want to do more with the United States is our Navy and its natural gas price we have today, which other kinds of energy. For example, I nuclear-powered vessels. I suppose it is is the highest natural gas price in the hope the tax committee, when it re- a classified matter exactly how many world. Senator DOMENICI and Senator ports its part of this bill, does some- we have, but we have dozens of them. BINGAMAN did their best to come up thing about solar power. We have a re- Some of them have small reactors. with aggressive ideas. newable tax credit in the law today Some of them have a couple of big re- Sometimes when Members set out to that does not do much for solar. It en- actors on them. compromise and work together, we end courages powerplants that produce Since the 1950s, there has never been up with nothing because the easiest electricity from sun. We almost don’t one single nuclear reactor accident in way to compromise is to do nothing. have any of those. What we use solar the U.S. Navy, not one. They are un- We can all agree on doing nothing and for is, we put shingles on roofs. We derwater. When they are above water,

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5976 CONGRESSIONAL RECORD — SENATE May 26, 2005 they dock at ports all around the coal plant is what many of those plants ership of Senators DOMENICI and BINGA- United States, and we use them. In our will be. If India, China, Malaysia, MAN, and reserved a few issues to the country today, 20 percent of all of our Brazil, and the rest of the world build floor. Senator DOMENICI announced electricity and 70 percent of our car- only conventional coal plants, it will that we will be coming to the Senate bon-free electricity is produced by nu- not matter very much what our clean floor shortly after the recess, in a com- clear energy. Yet we have not built a air policies are in the United States be- pletely different spirit than last year, nuclear powerplant in the United cause they will produce so many pol- with all of us hoping to get a result. We States since the 1970s, not one new one. lutants around the world that when the will then put that bill with the House How wise is that? wind blows them around the world and bill and present to this country a clean Other countries in the world are. over the air in the United States, we energy act of 2005 that will lower nat- Eighty percent of France’s electricity will suffer from that. So if we solve the ural gas prices, begin to produce more is now produced by nuclear power. problem of how to burn coal in a clean American energy at home, include Japan, ravaged by nuclear weapons in way, then the rest of the world is like- more aggressive conservation, change World War II, relies on nuclear power. ly to pick up our innovation and solve the way we make electricity, and focus They build one or two new plants a their problem because they do not especially on advanced technologies for year. want to have polluted air, either. nuclear, coal gasification, and the sup- We are in competition to keep jobs So how do we do that? Well, there ply of gas. here. We want clean power. We increas- seems to be a way to do it. We call it In the short term, we are going to ingly want carbon-free power. If 70 per- coal gasification. There are several have to bring more gas in from around cent of our carbon-free electricity is technologies. I like to call it clean coal the world in liquefied natural gas. I’m nuclear, then what is keeping us from gas because that makes it a little easi- pleased that the committee adopted going ahead? This bill will help us er to talk about. the ideas I and Senator JOHNSON had on move ahead because it makes it easier The New York Times business sec- LNG siting in the energy bill. for investors to build nuclear power- tion had an excellent article on this on There is one other area I want to plants that are safe. Sunday that Senator DOMENICI gave to mention without dwelling on it too Senator DOMENICI has come up with all of us. It talked about this idea of much. One of the things I hope happens an imaginative loan guarantee pro- taking coal, turning it into gas, and as we debate this bill is that it doesn’t gram that would help launch an entire then burning the gas. That solves a change from a national energy policy new generation of nuclear powerplants. great amount of the pollution. It solves into a national windmill policy. I say Senator CRAIG, Senator DOMENICI, and the sulphur, the nitrogen, and the mer- that because one of the issues we have Senator BINGAMAN have come up with a cury part of the pollution, but it does pushed out to be debated on the floor is program that will be based in Idaho for not solve the carbon part. something called a renewable portfolio advanced research on how we build Then what we need to try to do is to standard, renewable energy. That all lower cost, more effective nuclear pow- advance the technology of capturing sounds very good. The proposal was, erplants for our country. There is a and sequestering the carbon—in other let’s make 10 percent of all of our elec- growing consensus, especially as the words, getting rid of the carbon. If we tricity by the year 2025 from renewable Kyoto Treaty and the need to be con- are ever able to do that, we could burn energies. That sounds good, too. cerned about global warming persuades coal as cleanly as we can burn gas, cap- The problem is, I don’t think it will more and more people of the impor- ture the carbon and put it in the work because all we are talking about tance of capturing carbon, that nuclear ground, and we would never have to is geothermal—that is hot water from power for the next 15 or 20 years is the worry about the Kyoto Treaty. We the ground—solar, which our incen- only logical first step to having a low- would never have to worry about the tives today don’t help much, and bio- cost, adequate, reliable supply of McCain-Lieberman bill or the Carper- mass, which is burning wood chips and American-produced clean energy. Brit- Chafee-Gregg-Alexander bill or caps on other such technologies. According to a ain recently has been coming to the carbon because we would not be pro- Department of Energy analysis, even if same conclusion that nuclear is a ne- ducing carbon. We would be producing we had such a requirement of all our cessity for a carbon-free emissions fu- it and recapturing it. Nuclear power is electric companies that they produce ture. free of it, and clean coal gasification 10 percent of their energy from renew- What is the other step? The other with carbon sequestration captures it able fuels, they couldn’t do it. They step is coal. We instinctively think and gets rid of it. could only get to 5 percent due to the coal is dirty and it is a source of a lot The other thing is that we are the way the Bingaman price caps are struc- of problems because of the pollution it Saudi Arabia of coal. We have a 500- tured. So what utilities would do real- causes. year supply of it. So if we can move istically is buy credits in a com- I live 2 miles away from the Great ahead with nuclear and clean coal gas, plicated scheme which would then raise Smoky Mountains National Park. It is we can lower the price of natural gas, the price of our electricity. We should the most polluted national park in and we can have more American-pro- be in the business of lowering energy America. The Knoxville area where I duced energy. prices, not raising them for nothing. live is one of the most polluted parts of So this legislation begins with ag- The other concern I have is that a re- our country. Why is that? There is too gressive conservation. As I said, the ap- newable portfolio standard is really a much sulphur, too much nitrogen, and pliance efficiency standards alone wind standard because geothermal and too much mercury in the air. Much of would save the building of forty-five solar and biomass will only increase it that comes from coal-fired power- 500-megawatt gas plants, but then it a tiny bit. This information I have is plants, not just from the Tennessee begins to change the way we make from an analysis that the Energy Infor- Valley Authority, which has a number electricity by research and develop- mation Agency did on Bingman’s bill of them in the area, but from all over ment in advanced nuclear technology, shows clearly that the impact of a America. The wind blows the air in, by the loan guarantee support which Bingaman RPS is growing windpower. and it backs up against the Great could be for nuclear plants of that The only way to go forward is with Smoky Mountains, which are the high- kind. It also has loan guarantees that I windmills. So the effect of continuing est mountains in the East, and we hope would help launch a half dozen the current policy is to take this coun- breathe the dirty air. So any energy coal gasification powerplants and a try from about 6,700 windmills to 40, 60, bill has to be a clean energy bill so we half dozen coal gasification plants at 80,000, depending on estimates that you can solve our air pollution problems. industrial sites. It also has research believe. My point is not to make a big There is an even larger issue with and development support for carbon se- discussion about the windmills them- coal-fired powerplants. India and questration and for other technologies selves. I don’t like to see them. I think China, with their huge economies, a that hold promise. most people don’t. The Governor of couple of billion more people, are going We still have some issues to work on. Kansas has put a moratorium on some to be building hundreds of powerplants We began with what we could agree on, windmills, as has the Governor of New in the next few years. The conventional worked 5 months on it under the lead- Jersey, and so have communities in

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5977 many parts of America, such as deduction to purchase a hybrid car or ones of us with different opinions. And Vermont and Wisconsin. I asked the an advanced diesel vehicle. Those oper- there must have been half the com- Tennessee Valley Authority to put a 2- ate about 40 percent more efficiently mittee there today when Senators year moratorium on new wind power than conventional cars. That saves a DOMENICI and BINGAMAN announced the on Tennessee until we could assess the lot of energy. For $750 million, we results at a press conference. damage it might cause to our tourism could give manufacturing incentives So I honor them for their leadership. industry and to our electric rates and for building those hybrid cars and ad- I think the American people are proud to our view of the mountains. vanced vehicles in the United States. of DOMENICI and BINGAMAN as Senators. People think of windmills and think Unfortunately, as it stands now, we New Mexico ought to be proud. It has those are nice. Grandma had one on her aren’t doing that. They would all be both of them from the same State. farm. It was by the well. My grand- built overseas because most of the good Even though we have CAFE standards parents did. But these aren’t your hybrid technology has been invented still to debate, MTBE still to debate, grandmother’s windmills. overseas and is being rented to the we have some final work to do on how We have the second largest football United States. That would be 39,000 do we site terminals for liquefied nat- stadium in the United States in Knox- jobs in the United States. ural gas, further increasing the supply ville, TN. We call it Neyland Stadium. I have with me a copy of the National of natural gas, and we will be debating One hundred seven thousand people can Commission on Energy Policy which the so-called renewable portfolio stand- sit there, and it has sky boxes that go recommends both of these ideas, the ard for how many windmills we should up as high as you can see. Just one of $2,000 tax deduction and the incentive have—all that will be sometime in these windmills would fit into Neyland for manufacturing of hybrid cars. That June. That is what we are supposed to Stadium. The rotor blades would ex- would be a wise way to spend money do as Senators. tend from the 10-yard line to the 10- for clean carbon-free energy. That is why we are here, to take both yard line. The top of the windmill There are many more good ideas: $2 sides of this issue and see if we can would go twice as high as the sky boxes billion in tax incentives for energy-effi- come to a good result. So far, I think or more. And on a clear night you cient appliances and buildings, sug- we have. could see the red lights 25 miles away. gested by Senators SNOWE and FEIN- Mr. President, I ask unanimous con- There are significant problems with STEIN. Senator JOHNSON and I had sug- sent to have printed in the RECORD fol- this power. It only works 25 to 40 per- gested $2 billion for tax incentives to lowing my speech the article on coal cent of the time. You don’t get rid of commercialize coal gasification for gasification from the New York Times any nuclear or coal plants when you powerplants and $300 million to make business section on Sunday; a letter I have the windmills because you still more effective support of another re- wrote to the directors of the Tennessee need the power. You can’t store the en- newable energy, solar energy, which Valley Authority, asking them to put a ergy for your lights or your computer has basically no support the way our 2-year moratorium on wind power until and all the things you use electricity laws are written today. we had an opportunity—we in Congress for going all the time. So there are The National Commission on Energy and local officials—to consider the ef- many problems. Policy has several other recommenda- fect of these large wind farms on our But here is the biggest problem, the tions: Build in tax incentives to com- tourism industry, on our view of the one I want to mention today. I will just mercialize carbon capture and geologic mountains, on our gas prices; and fi- leave it for the members of the Finance sequestration in a wide array of indus- nally, an article from the Guardian Un- Committee upon which the Presiding tries. As soon as we figure out how to limited, which is an interesting discus- Officer serves and others. This Energy capture carbon, we can use coal gasifi- sion of what is going on in Great Brit- bill will have three parts to it. It will cation in a big way to reduce depend- ain, as they consider how to meet the have some things from the Energy ence on foreign energy and to lower the Kyoto standard for carbon-free elec- Committee which we have finished cost of natural gas. tricity production, and how many of today. It will have a contribution from They also recommend $2 billion in the people who formerly had favored the Finance Committee, which will tax incentives for nuclear deployment, large windmills are concluding they come in June, and it will have a con- $1.5 billion for biodiesel and nonpetro- don’t want them destroying the rural tribution from the Environment and leum low-carbon fuels. I have suggested areas of Britain, and they are looking Public Works Committee, which will those in the order in which I like them. at nuclear power in a fresh way which, also come in June. We will put all I am not a member of the Finance as I mentioned, is the way we in the those parts together. Committee so I won’t have a chance to United States today produce 70 percent We are told that this whole bill, when be a part of that discussion in that of our carbon-free electricity. it is put together, can’t cost, our Budg- committee. My point is simply that if There being no objection, the mate- et Committee says, more than $11 bil- we have $8 billion to spend or $11 bil- rial was ordered to be printed in the lion. The President hopes we won’t lion to spend, we may have already Record, as follows: spend more than $8 billion. But the spent a couple of billion in what we are [From the New York Times, May 22, 2005] production tax credit in the current doing with renewable fuel, then we DIRTY SECRET: COAL PLANTS COULD BE MUCH policy provides $3.9 billion over 5 years, have a lot more good ways to spend CLEANER almost all of which will go to wind- money in support of carbon-free energy (By Kenneth J. Stier) mills unless we change the policy. than we have money for. I respectfully Almost a decade ago, Tampa Electric In other words, if we have $11 billion suggest that if we are spending most of opened an innovative power plant that to spend and we spend $3 billion on eth- $3.7 billion over the next 5 years as a turned coal, the most abundant but the dirti- anol or renewable fuel, we will only national windmill policy and not a na- est fossil fuel, into a relatively clean gas, have $8 billion left to spend on every- tional energy policy, that ought to be which it burns to generate electricity. Not thing else, and nearly 3.5 to 4 of it will reasonably adjusted. only did the plant emit significantly less go for windmills. That is what I mean Let me not emphasize the disputes pollution than a conventional coal-fired that we have yet to come. I am here power plant, but it was also 10 percent more by a national windmill policy. efficient. My hope is that my colleagues will today to say, particularly, after a time Hazel R. O’Leary, the secretary of energy take a fresh look at our tax credit for in the Senate when people who watch at the time, went to the plant, situated be- renewable fuels and make sure that we us must wonder if we are speaking to tween Tampa and Orlando, and praised it for use it wisely because that is a lot of each other, the answer is, yes, we are. ushering in a ‘‘new era for clean energy from money to create the largest amount of We have been meeting for 5 months on coal.’’ Federal officials still refer to the carbon-free clean energy. this Energy bill. We have been working plant’s ‘‘integrated gasification combined cycle’’ process as a ‘‘core technology’’ for the Here are some of the suggestions for together, as Senator BINGAMAN said future, especially because of its ability— better use: For example, $1.5 billion for today. I don’t remember a party-line eventually—to all but eliminate the green- consumer incentives for 300,000 hybrid vote in the 5 months. We had some house gases linked to global warming. and advanced diesel vehicles. That close votes, but it wasn’t Republican Since that plant opened, however, not a would give 300,000 Americans a $2,000 versus Democrat. It was just different single similar plant bas been built in the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5978 CONGRESSIONAL RECORD — SENATE May 26, 2005 United States. Abundant supplies of natural conventional coal plants, a significant con- place in much of the world since the Kyoto gas—a bit cleaner and, until recently, a lot sideration in arid Western states. Protocol came into force in February, can be cheaper—stood in the way. But for some people, including Mr. Rogers kept at bay in the United States—possibly But even now, with gas prices following oil and other utility leaders who anticipate indefinitely. prices into the stratosphere and power com- stricter pollution limits, the primary virtue It’s a risky strategy—for industry and for panies turning back to coal, most new of integrated gasification combined-cycle the climate. ‘‘Coal-fired plants are big tar- plants—about nine out of 10 on the drawing plants is their ability to chemically strip gets,’’ said Judi Greenwald of the Pew Center board—will not use integrated gasification pollutants from gasified coal more effi- on Global Climate Change, ‘‘and if we do get combined-cycle technology. ciently and cost-effectively, before it is serious about climate change, they are going The reason is fairly simple. A plant with burned, rather than trying to filter it out of to be on the list of things to do quite early.’’ the low-pollution, high-efficiency technology exhaust. demonstrated at the Tampa Electric plant is Proponents say that half of coal’s pollut- U.S. SENATE, about 20 percent more expensive to build ants—including sulfur dioxide and nitrogen Washington, DC, May 23, 2005. than a conventional plant that burns pulver- oxides, which contribute to acid rain and Hon. SKILA HARRIS, ized coal. This complicates financing, espe- smog—can be chemically stripped out before Tennessee Valley Authority, Knoxville, TN. cially in deregulated markets, while else- combustion. So can about 95 percent of the Hon. BILL BAXTER, where utilities must persuade regulators to mercury in coal, at about a tenth the cost of Tennessee Valley Authority, Knoxville, TN. set aside their customary standard of requir- trying to scrub it from exhaust gases racing DEAR SKILA AND BILL: Recently Sen. John ing utilities to use their lowest-cost alter- up a smokestack. Warner of Virginia and I introduced the ‘‘En- natives. (A federal grant of $143 million cov- The biggest long-term draw for gasifi- vironmentally Responsible Windpower Act’’ ered about a fourth of the construction cost cation technology is its ability to capture which would: of the Tampa Electric plant, which was carbon before combustion. If greenhouse-gas 1. Stop federal subsidies for giant wind- originally a demonstration project.) limits are enacted, that job will be much mills near highly scenic areas, such as the The technology’s main long-term advan- harder and more expensive to do with con- Great Smokies and Grand Canyon, and tage—the ability to control greenhouse gas ventional coal-fired plants. Mr. Lowe, the 2. Give communities a l20-day opportunity emissions—is not winning over many utili- G.E. executive, estimated that capturing to have some say in whether and where these ties because the country does not yet regu- carbon would add about 25 percent to the huge machines will be located in their com- late those gases. cost of electricity from a combined-cycle munities and neighborhoods. That could be a problem for future na- plant burning gasified coal, but that it would Today I am writing to ask that TVA place tional policy, critics say, because the plants add 70 percent to the price of power from a two-year moratorium on construction of being planned today will have a lifetime of a conventional plants. new wind farms—either by TVA or on TVA- half-century or more. ‘‘It’s a very fright- Gasification technology, although new to controlled land—until the new TVA board, ening specter that we are going to essen- the power sector, has been widely used in the Congress and local officials can evaluate the tially lock down our carbon emissions for chemical industry for decades, and the gen- impact of these massive structures on our the next 50 years before we have another eral manager of the gasification plant run by electric rates, our view of the mountains and chance to think about it again,’’ said Jason Tampa Electric, Mark Hornick, said it was our tourism industry. The governors of Kan- S. Grumet, the executive director of the Na- not difficult to train his employees to run sas and New Jersey have recently imposed tional Commission on Energy Policy. the plant. Tampa Electric is the principal similar moratoria. Local moratoria have The commission, an independent, bipar- subsidiary of TECO Energy of Tampa. been adopted in parts of Vermont and Wis- tisan advisory body, has recommended that Disposing of the carbon dioxide gas consin. the federal government spend an additional stripped out in the process, however, is an- The idea of windmills conjures up pleasant $4 billion over 10 years to speed the power in- other matter. Government laboratories have images—of Holland and tulips, of rural dustry’s acceptance of the technology. In a experimented with dissolving the gas in sa- America with windmill blades slowly turn- recent report, the commission concluded line aquifers or pumping it into geologic for- ing, pumping water at the farm well. My that ‘‘the future of coal and the success of mations under the sea. The petroleum indus- grandparents had such a windmill at their greenhouse gas mitigation policies may well try has long injected carbon dioxide into oil well pump. hinge to a large extent on whether this tech- fields to help push more crude to the surface. But these are not your grandmother’s nology can be successfully commercialized Refining and commercializing these tech- windmills. and deployed over the next 20 years.’’ niques is a significant part of a $35 billion Most new windmills are about 300 feet Mr. Grumet was more succinct. Integrated package of clean energy incentives that the high—as tall as a football field is long or as gasification combined cycle technology, National Commission on Energy Policy is tall as the Statue of Liberty. Their rotor combined with the sequestration of carbon recommending. The Senate considered some blades are wider than the wingspan of a 747 stripped out in the process, ‘‘is as close to a of those ideas in a big energy policy bill last jumbo jet and turn at up to 100 miles per silver bullet as you’re ever going to see,’’ he week, but it is doubtful whether Congress hour. Each tower costs more than $1 million said. will approve the funds to enact them because to erect, and, once constructed, the towers Until Congress regulates carbon emis- they are tied to regulating big carbon emis- will be around for a long time. For example, sions—a move that many in the industry sions for the first time, something that TVA’s new 18-windmill farm on Buffalo consider inevitable, but unlikely soon—gas- many industry leaders and sympathetic law- Mountain is a 20-year contract. ification technology will catch on only as its makers oppose. Only one of these giant windmills could fit costs gradually come down. Edward Lowe, Still, the energy bill may have some incen- into UT’s Neyland stadium. It would rise general manager of gasification for GE En- tives for industry to adopt gasification tech- more than twice as high as the highest ergy, a division of General Electric that nology, and the Department of Energy will skybox, its rotor blades would stretch al- works with Bechtel to build integrated gas- continue related efforts. These include most from 10-yard line to 10-yard line, and ification combined-cycle plants, said that FutureGen, a $950 million project to dem- on a clear night its flashing red lights could would happen as more plants were built. The onstrate gasification’s full potential—not be seen for 20 miles—the distance from Knox- premium should disappear entirely after the just for power plants but as a source of low- ville to Maryville. Usually these windmills first dozen or so are completed, he added. carbon liquid fuels for cars and trucks as are grouped in windfarms of 20 or more. Even now, Mr. Lowe said, the technology well, and, further out, as a source of hydro- Our country needs a national clean energy offers operational cost savings that offset gen fuel. policy, not a national windmill policy. TVA some of the higher constructIon costs. And if Regardless of the politics of carbon caps, is a national leader in producing clean en- Congress eventually does limit carbon emis- the Energy Department has made it clear ergy through nuclear and hydroelectric sions, as many utility executives say they that it intends to push the development of power. A moratorium on windmills would expect it to do, the technology’s operational integrated gasification combined-cycle tech- give Tennesseans two years to stop and advantages could make it a bargain. nology. Last month, for example, Mark Mad- think about the wisdom and cost of building James E. Rogers, the chief executive of dox, a deputy assistant secretary, said at an hundreds of 100-yard tall structures across Cinergy, a heavily coal-dependent Mid- industry gathering that the technology ‘‘is our most scenic ridges. western utility, is one of the technology’s needed in the mix—needed now.’’ Here are some of the facts I have gathered biggest industry supporters. ‘‘I’m making a Some industry leaders are skeptical, to say so far: bet on gasification,’’ he said, because he as- the least. ‘‘We would not want to put all of There are 6,700 windmills in the United sumes a carbon-constrained world is inevi- our eggs in one basket as far as a single tech- States today; by 2025, that number could table. ‘‘I don’t see any other way forward,’’ nology is concerned,’’ said William Fang, grow to somewhere between 40,000 and he said. deputy counsel for the Edison Electric Insti- 100,000, according to varying estimates. The operating savings of such plants start tute, a trade association whose members, Even if only a few hundred of those wind- with more efficient combustion: they make shareholder-owned utilities, account for mills are built in Tennessee, most will be use of at least 15 percent more of the energy three-quarters of the country’s generating built on top of mountain ridges according to released by burning coal than conventional capacity. Senate testimony by Kerry W. Bowers, Tech- plants do, so less fuel is needed. The plants Besides, he added, many of his members nology Manager of Southern Company. That also need about 40 percent less water than think that mandatory carbon controls, in could damage our tourism industry.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5979 These giant windmills are being built pri- source which has put the Lakeland beauty sistent safety concerns, nuclear’s strength marily because of a huge federal taxpayer spot at the heart of Britain’s debate about remains its proven reliability. And even subsidy, about $3 billion over the next five the country’s insatiable need for energy. those who have lived in the shadow of years if present policies continue. Without The site—amid the classic Cumbrian vista Sellafield, 30 miles west across central Lake- these federal tax breaks, American Wind En- of rolling fells criss-crossed with dry stone land from Whinash, are beginning to believe ergy Association statistics suggest that walls and the shuffling specks of sheep—is to nuclear is the saviour. three out of four windmills would not be be home to England’s largest wind farm. If Sir Christopher Audland shook his head as built across the country because they aren’t the plans ever get the go-ahead. he tramped along the pummelled cotton cost-effective producers of power. This week, the public inquiry to site 27 grass tufts of the Whinash site last Tuesday Once those tax credits expire, TVA rate- turbines, each almost the height of St. afternoon. A former director-general of en- payers would likely have to pick up most of Paul’s Cathedral, on the ridge of Whinash en- ergy for the European Commission, Audland the tab for the higher cost of the power. ters its most potentially explosive phase. was in charge when reactor number four ex- These windmills may be huge, but they Two of Cumbria’s favourite sons, the broad- ploded in the Ukraine almost 20 years ago, don’t produce much power. It would take at caster Melvyn Bragg and the mountaineer its radioactive contents drifting from least 1,300 windmills—covering the land mass Sir Chris Bonington, are scheduled to give Chernobyl to the fells of Cumbria where his of almost one and one half times the city of evidence in the squat Garden Room of the re- family has lived for 500 years. For a man who Knoxville—to produce as much power as mote Shap Wells Hotel. There can be no saw first-hand the inherent risk of nuclear TVA’s new Brown’s Ferry nuclear plant. place for 21st-century windmills in a Wilder- power, Audland is dismissive of the safer al- Because they only work when the wind ness largely-unaltered for centuries, they ternative proposed for the hills north of Ken- blows the right speed (20 to 40 percent of the will argue. dal. ‘It cannot be allowed to happen here,’ he time), and customers need their electricity Almost 200 miles north in Aberdeen, Mal- said. almost all the time, building more windmills colm Wicks will mark his entrance as the Bragg, who has relatives who happily work does not mean building fewer coal or nuclear new energy minister by stressing the crucial at Sellafield, is among the growing Lakeland power plants. role of wind power in the crusade against cli- fraternity who believes nuclear is the sale Since windy ridgetops are not usually mate change. Only weeks into his new brief, viable option for tackling climate change. where the largest number of people live, Wicks appreciates that wind farms are al- ‘We seem to be running away from the windmills are likely to be built away from ready eclipsing farming and foxhunting as safest, most efficient industry. Nuclear en- population centers and therefore require the the most likely source of rural unrest during ergy seems to be the only sensible option and building of miles of new transmission lines Labour’s third term. it is a safe option,’ said the presenter of The through neighborhoods and communities. Ministers, aware that the government’s South Bank Show. It is a consensus corrobo- So, these oversized windmills produce a target of cutting carbon dioxide emissions is rated by Lovelock, who in 1991 opened Brit- puny amount of unreliable power in a way in jeopardy, have identified Whinash as the ain’s first windfarm at Delabole, Cornwall. that costs more than coal or nuclear power, acid test of whether they can expect that re- Since then, Lovelock has reviewed his initial requires new transmission lines, must be newable energy will provide 10 percent of enthusiasm. ‘To phase out nuclear energy just when we subsidized by massive federal tax breaks, power in five years’ time. need it most to combat global warming is and, in my view, destroys the landscape. But the significance of Whinash runs even madness,’ he said. ‘The anti-nuclear agenda Chattanooga has just spent 20 years im- deeper. Among the windblown crags that lie is pushed by groups such as Greenpeace and proving its waterfront, saving the Tennessee between the national parks of the Lake Dis- Friends of the Earth and by Green Party River Gorge and renaming itself the Scenic trict and the Yorkshire Dales, the schism politicians. They are pursuing goals in which City. The Great Smoky Mountains attract 10 that is tearing Britain’s environmental neither environmental good sense nor million visitors a year. Do we really now movement from top to bottom is most pro- science plays a part—a strange way to defend want to string hundreds of towers with flash- nounced. The self-appointed custodian for future the earth,’ he writes in Reader’s Digest. ing red lights as tall as football fields on Sig- Even the spectre of Chernobyl is dismissed generations, Britain’s green lobby has found nal and Lookout Mountains, the foothills of by Lovelock, who claims that the fallout itself caught between the need to protect the the Smokies and Roan Mountain? It’s hard from the radioactive cloud that swept over landscape from global warming and defend- to imagine that 10 million visitors would the Cumbrian peaks ‘was really nothing. A ing Britain’s countryside from the creation come to the foothills of the Smokies each few times higher than the natural back- of a ‘pseudo-industrial’ skyline. This month, year to see windmills. ground levels or at worst a couple of chest X- one of the movement’s most influential fig- As chairman of the Senate Energy Sub- rays’. committee, I intend to examine whether it is ures James Lovelock, the man who devel- It is 13 years since the arrival of the anti- wise to provide $3 billion in subsidies over oped the Gaia theory of the forces governing wind lobby surfaced with the Country Guard- the next five years for the building of tens of nature, will launch his most candid critique ian, a group that vehemently denies links to thousands of giant windmills across Amer- yet of Britain’s energy conundrum by accus- the nuclear sector although its chairman, ica, when the same amount of money might, ing groups such as Greenpeace and Friends of Sir Bernard Ingham, has been a paid lobbyist for example, give $1,000 incentives to more the Earth of betraying the planet through for British Nuclear Fuels. Since then, com- than 300,000 purchasers of hybrid or advanced their unswerving promotion of wind energy. plaints advanced to discredit wind energy diesel vehicles. As chairman of the Ten- Nuclear energy, Lovelock will claim, offers have multiplied: falling property prices, the nessee Valley Authority Congressional Cau- the only solution to the twin challenges of whirring noise that makes people sick a mile cus, I intend to do my best to make local of- providing Britain with a reliable energy sup- away, horses that suddenly bolt and the gris- ficials aware of their options to decide for ply and global warming. ly deaths of kites and golden eagles, even if themselves whether these structures belong Britain currently stands poised at the their numbers are a fraction of those of birds in their communities. start of the ‘wind rush’. Hundreds more tur- that are killed on the roads. Our country needs lower prices for energy bines in 18 new wind farms will be switched The most persistent criticism, however, and an adequate supply of low-cost, reliable on by the end of the year. Already the UK is concerns the efficiency of wind power. Crit- American-produced clean energy. Wind poised to become the world’s biggest pro- ics claim windmills would struggle to cope doesn’t fit the bill: it is a high-cost, unreli- ducer of power from offshore wind farms, a with the half-time power surge during yes- able supply of energy. While we are consid- reminder of the 17th century, when Britain terday’s FA Cup final because they only gen- ering what the appropriate policies should boasted 90,000 windmills. erate electricity for a part of the time. Such be, I hope that TVA will help by placing a Around one per cent of the UK’s energy is issues would be irrelevant if electricity could two-year moratorium on any new wind currently provided by wind although the In- be stored, but there is no battery for the na- farms. dustry claims there are enough applications tional grid. Sincerely, moving through the planning process to sug- A recent study in Germany, which has the LAMAR ALEXANDER, gest seven per cent of the nation’s electricity largest number of wind farms in the world, United States Senator. needs will be met by wind by 2010. found the energy was an expensive and ineffi- Next month the 300ft turbines at Cefn cient way of generating sustainable energy, [From The Observer, May 22, 2005] Croes, scene of the bitterest wrangle before costing up to £53 to avoid emitting a ton of Whinash, will start turning in mid-Wales. carbon dioxide. Professor David Bellamy, a TILTING AT WINDMILLS: NATION SPLIT OVER Yet pressure is mounting on the fledgling in- vociferous windfarm critic seen recently at ENERGY EYESORES dustry. If Britain’s climate change targets the Shap Wells Hotel, is among those wor- (By Mark Townsend) are not met, experts warn that the generous ried whether wind could guarantee his half- Hundreds of turbines will be switched on subsidies which have helped establish wind time cuppa: ‘How are people going to be able this year, and the volume of protest is rising. farms could be withdrawn by an exasperated to boil their kettles?’ Mark Townsend reports on the issue that government. Sir Martin Holdgate, a former chief sci- will overtake hunting as a cause of rural un- Already a new era for nuclear power ap- entist to the Department of Environment rest. pears to be dawning and seems certain to who has served on a number of government The clue lies in the grass, pummelled and feature prominently in the government’s committees on renewable energy, was also then flattened by a force the area is famous forthcoming energy review. Vastly more ex- present in the Garden Room last week. for. Whinash is all about wind, and it is a re- pensive than predicted and plagued by per- Holdgate, too, has run out of patience with

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5980 CONGRESSIONAL RECORD — SENATE May 26, 2005 wind farms in sensitive areas. ‘We shouldn’t from people who have worked with Mr. mittee have worked hard together to sacrifice our landscape on our crowded is- Bolton, from people who are ideologi- jointly interview more than 30 individ- land. Wind doesn’t make sense.’ cally in the same place as he is, who uals with information relevant to this Others, the so-called ‘blade lovers’, wel- are members of the same administra- nomination. We also requested numer- come them as an aesthetic asset, claiming that their beauty lies in the environmental tion. ous documents from the State Depart- message they communicate to a throwaway The picture they have painted is ment, USAID, and the CIA. This in- society. Designer Wayne Hemingway says: ‘I clearly one that ought to raise concern depth level of investigation was nec- love them. They are a massive visual sign for any Member of the Senate about a essary because concerns were raised by that we are doing something that is not position that requires special credi- individuals in Government and in the damaging the Earth.’ bility, special stature, and special abil- private sector about the nomination. Mr. ALEXANDER. Mr. President, I ity to be able to carry the message of Again, I repeat, we did not seek out suggest the absence of a quorum. our country in one of the most impor- these people. They came to us. Most of The PRESIDING OFFICER (Mr. tant fora in the world, in a very com- those who came to us have worked SMITH). The clerk will call the roll. plicated world. with Mr. Bolton and continue to work The legislative clerk proceeded to On several occasions, a number of in Government. They came to us at call the roll. Senators have talked about this issue great risk to themselves. That risk has Mr. KERRY. Mr. President, I ask of credibility, and it cannot be over- to be measured by our colleagues in the unanimous consent that the order for looked. One cannot gloss by it. We are Senate. the quorum call be rescinded. in the midst of delicate, critical nego- Everybody knows how this place The PRESIDING OFFICER. Without tiations with Iran. Nobody knows works. We know the difficulty of a per- objection, it is so ordered. where that will go in these next son coming out of the same place of Mr. KERRY. Mr. President, what is months. The potential for critical in- business in politics and saying some- the parliamentary situation? telligence analysis to be put before the thing that is critical of somebody they The PRESIDING OFFICER. The mi- United Nations in order to persuade worked with. The fact is that we owe nority controls 50 minutes of the time the world of potentially dangerous those people who took those risks a se- remaining. steps requires a voice that has no ques- rious and complete effort in the consid- Mr. KERRY. Fifty? tions attached to it, where people will eration of this nomination, not a per- The PRESIDING OFFICER. I am told not have to ask whether that person functory effort, not one that seeks to 50. speaks for the administration or for find a way around a legitimate request Mr. KERRY. How much does the ma- themselves. for information. jority have remaining? The history of Secretary Colin Pow- The fact is that this administration’s The PRESIDING OFFICER. The ma- ell, whom we all admire but who was cooperation in the Foreign Relation sent to the United Nations with infor- jority controls 52 minutes. Committee’s effort to do due diligence mation that was inaccurate and made a Mr. KERRY. I thank the Chair. on the Bolton nomination has been speech which he now personally wishes Mr. President, I yield myself such sporadic at best and far from complete. were otherwise, raises even further the time as I will use at this moment. Ob- In the 22 years I have served on the question of credibility. In addition, we viously, I will not use all of it. committee, I have seen efforts on both will have to deal with Syria itself The PRESIDING OFFICER. The Sen- sides of the aisle that have been far where important issues have been ator controls 30 minutes of the time al- more extensive and far lengthier for raised with respect to Mr. Bolton’s at- located. less important positions or for the titude toward Syria, his willingness to Mr. KERRY. Mr. President, I am not similar position. stretch information with respect to sure how much of that time I will use. Initially, the administration’s re- Syria. Obviously, North Korea looms I have made a significant amount of sponse was to refuse access to docu- huge on the diplomatic and security argument, as others have, in the For- ments or individuals to be interviewed horizon. eign Relations Committee during the until just a few days before the com- time leading up to this debate on the All of this fits within a context of in- formation that the Foreign Relations mittee’s first business meeting to con- floor. I listened to Senator BIDEN’s Committee has requested a number of sider the Bolton nomination on April comments and I listened to Senator times. Two weeks ago, the Foreign Re- 19. Chairman LUGAR had to personally BIDEN’s colloquy with Senator SAR- lations Committee, in a historical mo- intervene in order to persuade the ad- BANES. They raised critical points, as ment, voted to send John Bolton’s ministration to comply with earlier re- have others, such as Senator DODD and nomination without recommendation. I quests that were made repeatedly by Senator VOINOVICH, and others on the voted no at that time for the reasons Senator BIDEN on behalf of all of the floor. I am not sure it serves any great that I stated, and I believe we have yet Democrats on the committee. purpose to rehash all of those argu- to complete the task of building the The State Department finally re- ments, but I will say in summary that complete record to be able to have the sponded but, again, not fully. It did not what brings a lot of us to this point of full Senate make a judgment on this provide all of the documents requested, questioning the nomination of John nomination. and those that were provided were sud- Bolton is not personal and it is not po- Over the last 24 years, the Foreign denly deemed to be classified, even litical in the sense that it is sort of an Relations Committee has sent hun- though many were unclassified e-mails. automatic reflex reaction to a nomina- dreds of nominations to the floor with After the committee decided on April tion of the President, or to divisions favorable recommendations. Only 19 to further investigate allegations between the parties. twice did the committee report a nomi- and concerns about this nomination, I think people can sense from the bi- nation unfavorably, and only once did the administration continued to drag partisan concerns that have been ex- it report a nomination without rec- its feet on the Democratic request for pressed, as well as the record that has ommendation. So obviously we come information. On April 29, Senator been set forward, that these are really with serious reservations within the BIDEN sent a letter specifying nine dif- deeply felt and very legitimate con- committee, and the Senate ought to ferent categories of documents relating cerns about a position that is one of want a full record to be put in front of to the issues of concern that needed to the most important foreign policy posi- it before it votes on this nomination. be investigated thoroughly. Some of tions for our country. The power of advice and consent has these requests involved additional in- Obviously, the President has the been talked about a lot in the last formation related to specific cases the right to make a choice. We all under- weeks. Obviously, we have a constitu- committee had been reviewing. Four of stand that. Subsequent to the Presi- tional responsibility not just to advise them were requests for drafts of dent making that choice, an enormous but also to consent, and nowhere is it speeches or testimony. These four re- amount of information has come for- suggested in the Constitution that we quests were designed to ascertain ward, not from traditional sources, not ought to consent automatically. whether Mr. Bolton sought to stretch from people who might have been dis- So over the last week, both Demo- the intelligence to support his policy posed to oppose this nomination, but crats and Republicans on the com- views. A lot has been spoken on the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5981 Senate floor about that effort to tried to press the envelope on intel- The information we continue to seek stretch, and I would associate myself ligence and whether he told the com- is relevant to this nomination and to with the concerns that have been ex- mittee the truth when he said he was the critical concerns that many of us pressed by other Senators about that not personally involved in the prepara- have about the nominee and his use of effort. There is nothing more serious at tion of the Syria testimony. The ques- intelligence. We should have access. this moment in time. tion of whether Mr. Bolton told the Since the administration has refused to The State Department refused to re- committee the truth is important be- provide it, the only choice we have is spond fully to Senator BIDEN’s request. cause there are already several other to deny the vote on this nomination Instead, it responded to a letter by instances where it is in doubt, where in until there is full compliance. That is Chairman LUGAR on May 4 suggesting fact there is clear evidence that he not a filibuster. That is not an effort to that it needed to provide documents in didn’t tell the truth, specifically with not have a vote. Give us the informa- only five of the nine categories. Well, respect to the efforts to fire the two tion. We are prepared to have a vote it is not up to the administration to analysts of intelligence. immediately and let the chips fall decide which categories are appro- Stretching intelligence and credi- where they may. But it is vital that priate for the proper advice and con- bility are two of the key areas of con- the rights of the committee and the sent of a Senate committee or of the cern with respect to the Bolton nomi- rights of the Senate, the rights of the Senate itself. nation, two of the key areas of inquiry advice and consent process, be upheld. So in an effort to move the process that the committee is seeking. This is Let me just say again this should not along and get further cooperation from a proper and a critical request. Having be anything except a measurement on the administration, Senator BIDEN nar- access to the NSA intercepts will tell the merits. During her confirmation rowed the Democratic request down to us whether Mr. Bolton did anything hearing in 1981, to be U.S. ambassador two areas: Information related to the improper after receiving the identities to the U.N., Jeane Kirkpatrick de- clearance of Mr. Bolton’s September of U.S. persons involved. The fact they scribed her vision of the job. She said: do not want anybody to see it seems to 2003 testimony on Syria before the I do not think that one should ever seek House International Relations Com- suggest the exact opposite. confrontation. What I have every intention mittee and information related to Na- Senator ROBERTS, the chairman of and hope of doing is to operate in a low key, the Intelligence Committee, indicated tional Security Agency intercepts and quiet, persuasive, and consensus-building in his letter to Senators LUGAR and the identity of U.S. persons on those way. I think a principal objective should be BIDEN that on at least one occasion Mr. intercepts. to try to communicate effectively with the Bolton shared the identity information representatives of as many nations as pos- Over a period of 4 years, Mr. Bolton sible to broaden a bit the areas of mutual un- requested the identity of U.S. persons of a U.S. person with another indi- vidual in the State Department with- derstanding. We should try to extend a bit on intercepts 10 times. out authorization from NSA. the frontiers of reason and cooperation, and Senator DODD originally asked for Did he do this more than once? Why I think we should work to that end, and we these intercepts in a question for the should work to establish the patterns of con- did he request these intercepts? What record on April 11. The Department re- sultation and trust. was he trying to find out? What was he sponded by saying that the committee going to do, or did he do with the infor- No one would ever accuse Jeane needed to get these from the National mation? We can only speculate without Kirkpatrick of being soft or shying Security Agency. So Chairman LUGAR proper access to those intercepts and away from her views. She is a staunch supported the Democratic request for without knowing the identities of the conservative who speaks her mind. But the NSA intercepts but asked the Intel- persons on them. she understood and respected the value ligence Committee to request them and The State Department has told the of diplomacy and negotiation; of listen- find a means of sharing them with the committee that the request for infor- ing to and respecting others’ views; of Foreign Relations Committee. mation about the Syria testimony is working the system; of seeing the big The Intelligence Committee finally not ‘‘specifically tied to the issues picture and, most importantly, of es- did get the intercepts, but the chair- being deliberated by the committee.’’ tablishing credibility and trust. She man and ranking member of that com- But for the executive branch of Gov- herself has said of this nominee that he mittee were not allowed to see the key ernment, which has already been slow- is ‘‘no diplomat.’’ information; that is, the names of the walking this provision of information, We should make the judgment in the U.S. persons, which is an essential part to tell a Senate committee how to ex- end of whether this is the right person. of the evaluation of the committee. No ercise the advice and consent power of I have heard colleagues argue how im- one—no one on the Foreign Relations the Senate is not only unacceptable, it portant it is to have a straight-talking, Committee, not Chairman LUGAR or is unconstitutional. The Foreign Rela- tough person at the U.N. This is not Senator BIDEN—has been given access tions Committee has the prerogative to about the U.N. per se, obviously. It is to these intercepts. determine, and has laid out for our col- about our interests and how we are In response to letters from Senator leagues to judge, the legitimacy of the going to best advance those interests. BIDEN regarding the intercepts, the Di- basis of this request. I think it passes But those of us who spent a long time rector of National Intelligence, Ambas- muster. trying to reform the U.N. and working sador Negroponte, referred Senator For the chairman and ranking mem- with it, and have had some success in BIDEN back to the Intelligence Com- ber of the Foreign Relations Com- some measure with respect to that ef- mittee. mittee to be denied access to NSA fort, in a bipartisan effort going back What the Senate has to decide is intercepts and information which Mr. to the time we worked with Nancy whether it is going to stand up for the Bolton was able to see is unacceptable Kassebaum and Larry Pressler and rights of a committee, for the rights of on its face. An Assistant Secretary of Jesse Helms, all of us understood you an appropriate set of inquiries to be an- State and staff are permitted to see need to establish those patterns of con- swered so we can fulfill our constitu- this, but the chairman and ranking sultation and trust and speak with tional responsibilities. Senators can be member of the Foreign Relations Com- credibility. for Mr. Bolton, Senators can have al- mittee are not? Is the Senate prepared I regret that this process has proven ready made up their minds, Senators to ratify that as a standard by which that this nominee does not meet the can have decided that they know how we will have our inquiries pursued with Jeane Kirkpatrick standard or test, they are going to vote and they do not respect to any nomination on either and therefore all of us ought to raise need more information, but they ought side at any time? serious questions about the nomina- to respect the fact that both the chair- The Foreign Relations Committee tion. man and the ranking member made a has spent an enormous amount of time I think my time is about up, so I sug- request and that request has not yet and energy related to this nomination. gest the absence of a quorum. been fulfilled. Grudgingly, cherry-picking document The PRESIDING OFFICER. The The information we are seeking re- requests, we have proceeded along with clerk will call the roll. lating to the Syria testimony will shed the administration actually denying The bill clerk proceeded to call the further light on whether Mr. Bolton other requests entirely. roll.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5982 CONGRESSIONAL RECORD — SENATE May 26, 2005 Mr. KERRY. Mr. President, I ask a pretty good idea what was on his image of the U.N. with a large percent- unanimous consent that the order for mind. The President sees very clearly age of the American people, who be- the quorum call be rescinded. the need for the United Nations. This lieve it has lost its way. That is why I The PRESIDING OFFICER (Mr. world is in tremendous conflict. We are will support this nominee with enthu- CHAFEE). Without objection, it is so or- splitting along religious lines. We are siasm. dered. having all kinds of problems getting Thank you, Mr. President. Mr. KERRY. Mr. President, what is along with each other and trying to I yield the floor. the current time on both sides? find out how to fight the war on ter- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The mi- rorism. The United Nations provides a ator from Ohio. nority has 28 minutes and the majority hope for the world, a place where we Mr. VOINOVICH. Mr. President, first, has exactly 1 hour. can come together and have good peo- I thank the Senator from South Caro- Mr. KERRY. Mr. President, will the ple stand up to bad people. Sometimes lina for his kind remarks about this quorum be tallied to both sides? it is hard to determine who is good and Senator early today and this after- The PRESIDING OFFICER. Under a who is bad, but many times it is not, noon. previous order, that is correct. and it should be a place where people of What we are doing here today is what Mr. KERRY. I suggest the absence of good will can deal with problems for the Senate should be doing; that is, to a quorum. bad people such as Saddam Hussein and have a robust debate about a nominee The PRESIDING OFFICER. The others, the Osama bin Ladens of the by the President of the United States clerk will call the roll. world, a place where they can be con- to the United Nations. The bill clerk proceeded to call the trolled and checked. I have deep concerns about the nomi- roll. The President sees from the Amer- nation of John Bolton. We face an im- Mr. GRAHAM. Mr. President, I ask ican conservative perspective that the portant decision today. We are at a unanimous consent that the order for United Nations has lost its way. From crossroads in foreign policy, at a time the quorum call be rescinded. a conservative point of view, being a when there has been a drastic shift in The PRESIDING OFFICER. Without conservative Republican, I hear con- the attitude of our friends and allies. If objection, it is so ordered. tinuously of problems with the United we do have a vote today, I urge my col- Mr. GRAHAM. Mr. President, I ap- Nations from people I represent and leagues in the Senate to let their con- preciate Senator VOINOVICH allowing people I know. The worst thing we can sciences and their commitment to our me to speak a moment or two on the do is to allow the good will of the Nation’s best interests guide them. John Bolton nomination. American people to slip away from the I would plead with them to consider No. 1, when it comes to how and why United Nations and reject that body. the decision and its consequences care- Members vote, every Senator has to What will it take to repair the dam- fully, to read the pertinent informa- make a decision they feel comfortable age done from the Oil-for-Food Pro- tion, and to ask themselves several im- with, that is good for the Nation, good gram, the corruption at the United Na- portant questions: for the Senate, good for the White tions, the, at the least, inconsistent ap- Is John Bolton the best person to House, good for the American people. proach to regulating dictators such as serve as the lead diplomat to the One thing I am confident of: Senator Saddam Hussein? How can we get the United Nations? VOINOVICH, of all the people I know in United States and the United Nations Will he be able to pursue the needed the Senate, is right at the top of the back together where we can work as reforms at the U.N. despite his dam- list of those who make decisions based one team? It will take a person Ameri- aged credibility? on conscience and principle. Whatever cans have faith in. And that is a big Will he share information with the problems he has with this nominee problem with the United Nations right right individuals, and will he solicit in- have come from soul searching, think- now. formation from the right individuals, ing, and looking. He will articulate American conservatives need to feel including his subordinates, so he can why he feels the way he does and vote better. John Bolton will provide that make the most informed decisions? his conscience. That is exactly what he assurance from a conservative point of Is he capable of advancing the Presi- should do. I am all for that because view that the United Nations would be dent’s and the Secretary of State’s ef- that is what makes the Senate great. pushed to reform itself. From a mod- forts to advance our public diplomacy? That is what makes America great. erate and liberal point of view, I can Does he have the character, leader- In terms of myself, I would like a mo- assure members that the policies John ship, interpersonal skills, self-dis- ment or two to express why I have Bolton will fight for will be those poli- cipline, common decency, and under- come to the conclusion that I think cies directed by President Bush, who standing of the chain of command to John Bolton will make an outstanding won the last election. And some may lead a team to victory? ambassador to the United Nations. We not agree with the policies, but that is Will he recognize and seize opportu- have heard a lot about his disposition, where he will get his marching orders. nities to repair and strengthen rela- about his temper, about his working He sees the United Nations as a tionships, promote peace, and uphold relations. Everyone will make a judg- value-added product to the world. He democracy with our fellow nations? ment about where they come down on sees clearly where it has gone astray. I also came to the floor today to re- that. I made a judgment that, obvi- He has the credibility with the Amer- spond to some of the statements that ously, some of the things about his ican public, particularly among con- have been made regarding the nomina- working relationships can be troubling. servatives, to be a force for change. tion of Mr. Bolton. The idea that he has been confirmed The worst thing that could happen is It has been argued by my colleagues four times, has served his country for for the United Nations to slip away, in that Mr. Bolton is the right man for well over 20 years in a variety of posts the eyes of Americans, as an effective the job because he has ‘‘sharp elbows,’’ and done an outstanding job, is what I body. It surely has gone that route. can give a dose of needed ‘‘strong medi- will base my vote on—not a conversa- The best thing that can happen from cine,’’ and because he will not be an tion here or there but 20-plus years of this nomination is that John Bolton ‘‘appeaser’’ to the horrors that have serving the United States at the high- goes to the U.N. with an attitude of: I been committed by the U.N. peace- est level of Government, with a great will work with you, but you have to be keepers. academic background. better—and to effectively articulate The question is not whether we want But why him and why now? Are there President Bush’s policies. I think that to achieve U.N. reforms. We will sup- other people who can be United States can happen. I think it must happen. port U.N. reforms. And I particularly ambassador to the United Nations? Not only am I enthusiastic about his want U.N. reforms. We need to pursue There are a lot of good people out nomination, he clearly—given the dy- its transformation aggressively, send- there. What drove the President to namic our country has with the United ing a strong message that corruption pick him now? The honest truth is, I Nations—is the right person at the will not be tolerated. The corruption haven’t talked to the President about right time and can do things no other that occurred under the Oil-for-Food why he picked John Bolton, but I have person could do; namely, repair the Program made it possible for Saddam’s

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5983 Iraq to discredit the U.N. and under- not a criterion for rejecting a nominee ligence resulted in misuse. This is all mine the goal of all of its members. and if it were, a lot of nominees would of the testimony about speeches that This must never happen again. This is have been rejected.’’ Mr. Bolton gave. I guess my colleagues an ideal time for reform of the United In the case of Mr. Bolton, his poor believe that the misuse of intelligence Nations. Those reforms are needed to management techniques intimidated would have only occurred if Mr. Bolton strengthen the organization or there intelligence officers and have called would have been successful in clearing will not be an organization. U.S. credibility into question, at a the language that he originally in- And, yes, I believe it will be nec- time when we cannot afford any fur- sisted upon. In other words, he would essary to take a firm position so it can ther damage to our credibility. That is have these ideas about the world and succeed. But it is going to take a spe- one of the problems we have today—the about intelligence and said: This is cial individual to succeed in this en- WMD and Iraq, some of the recent sto- what I want to say. And the intel- deavor, and I have great concerns with ries about the WMD. There are a lot of ligence folks came back and said: No, the current nominee and his ability to people who are questioning this Na- you can’t say that because that doesn’t get the job done. How successful will he tion’s credibility. reflect the reality. And everyone says be on reform if the message is lost be- Further, his management and inter- that is not a problem because ulti- cause of baggage surrounding the mes- personal failures reflect on his diplo- mately he didn’t say what he wanted to senger? I worry that Mr. Bolton will matic skills, which are an undeniable say because he got the better informa- become the issue and the message will requirement for the ambassador to the tion from the intelligence officers. be lost. United Nations. The misuse of intelligence occurs as I understand the arguments just Colin Powell’s chief of staff, COL a process. It begins with intimidation made by my colleague from South Lawrence Wilkerson, testified before and pressure on analysts, and it ends Carolina in regard to the conservative the committee that Mr. Bolton would with analysts producing reports that movement here in the United States make ‘‘an abysmal ambassador’’ be- meet the political needs of top leader- that is very concerned about the U.N. cause of his management flaws. ship. Mr. Bolton contributed to this and feels comfortable that if John I would like to read from Mr. process with his actions. He created an Bolton goes to the U.N., with his Wilkerson’s testimony. atmosphere of intimidation within the ‘‘sharp elbows,’’ something is going to Mr. Wilkinson: ranks of the Bureau of Intelligence and happen. I would like to make just one statement. I Research and at the CIA. The people in I would like to point out that Mr. don’t have a large problem with Under Sec- these agencies were made to under- Bolton will be going to the U.N. to do retary Bolton serving our country. My objec- stand that if they disagreed with him, more than just push forward U.N. re- tions to what we’ve been talking about there would be consequences. His ac- forms with his ‘‘sharp elbows.’’ He is here—that is, him being our ambassador at tions sent the message that if you the United Nations—stem from two basic don’t seek to meet his particular re- there to be the U.S. representative to things. One, I think he’s a lousy leader. And the world. there are 100 to 150 people up there that have quest for specific language, they may Do we want the supreme quality for to be led; they have to be led well, and they be sidelined from future opportunities our next U.S. representative to the have to be led properly. And I think, in that to provide him intelligence, and they world to be ‘‘sharp elbows’’? Don’t we capacity, if he goes up there, you’ll see the may even be pulled off of the account need a man who has superior inter- proof of the pudding in a year. and moved to another bureau. personal skills, who can bring people It has been argued during our floor The Presiding Officer was there for together, form coalitions, and inspire debate that many of the people who op- some of the hearings. There was no other countries to agree with his point pose Mr. Bolton’s nomination origi- question that the message was, if you of view? nally supported Mr. Bolton and voted disagree with him, you might get To the conservatives who are con- for him several times before they heard moved to some other place. Some have cerned about reform of the United Na- about these new allegations against argued that you would be fired. But it tions, do we want the messenger to be- him. wasn’t in this language; it was like come the issue so we never get to the The statement seems to argue that ‘‘moved to somewhere else.’’ It is the message? And the message is: reform. many allegations about John Bolton same signal, same message: Don’t fool I agree the next Ambassador needs to are not relevant to our decision on with John because, if you do, he is be a strong presence, firm in his be- whether he is the right man for the job going to put pressure on to move you liefs, persistent in his drive, and deter- and should be confirmed as the next to some other place. mined in the face of a monolithic bu- ambassador to the United Nations. His behavior put pressure on the in- reaucracy and many obstructionist The allegations about Mr. Bolton are telligence officers, and it begins the countries. It is not going to be easy. very relevant to our decision. The alle- very dangerous path to misusing intel- But even more than this, he will need gations speak to Mr. Bolton’s char- ligence and damaging U.S. credibility. the interpersonal and diplomatic skills acter, his temperament, his credibility, The point Senator KERRY made earlier required to inspire and lead. his management style, his skills, and this afternoon is well taken. We all If you think about John Danforth, his performance over the last 4 years. know there is a real problem with Iran. our last ambassador to the United Na- The testimony of our witnesses has We know that the International Atom- tions—or let’s talk about John certainly had an impact on my opinion. ic Energy Agency is very concerned Negroponte. Let’s put John Negroponte I expect that the allegations have about what is going on in Iran today. and John Bolton in the same room to- had an incredible impact on the world’s We are hopeful that the EU–3 will be gether, colleagues. Put them in the opinion of Mr. Bolton. I believe that able to work out the problem and deal same room together. John Negroponte the allegations have caused great dam- with the proliferation problem in Iran. went to the U.N. and did an out- age to Mr. Bolton’s credibility and that But they may not be successful. If they standing job. John Negroponte was the allegations will impair our influ- are not, you know where they are taken from the U.N. The President ence with the United Nations. If Mr. going. They are going to the U.N. Secu- needed somebody in Iraq, so he sent Bolton is confirmed for the position, he rity Council. Can you imagine if the John Negroponte to Iraq. Then he goes to the U.N. with a tremendous spokesman for the United States at the needed to call on someone to be the Di- amount of baggage that he is going to U.N. Security Council about intel- rector of the National Intelligence have to overcome. Again, I want to re- ligence and the impact of whether Iran area. Now, John Negroponte—that is peat to the people who feel he is just has this or that, if the spokesman is the quality of the individual who we the right ticket to get the job done, I going to be John Bolton? Can you need to be sending to the United Na- am very concerned that he will become imagine how much influence he is tions today. the issue and the reform of the United going to have with his past record? It One of my colleagues stated earlier Nations that we all would like to see is is a serious issue, one we hope doesn’t today that we should not reject Mr. not going to happen. happen, but it could very well happen. Bolton because of his management It has also been stated today that And there will be other instances that techniques because ‘‘management is none of the incidents involving intel- come before the United Nations where

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In this secure Article 98 agreements to protect the letter of recommendation for a day and age, what we have been U.S. forces against trial by the Inter- nominee? It would have been a lay-up through over the last several years, national Criminal Court, although I do shot for Secretary Powell to join that having people who can help us take un- not agree with his decision to hold up letter recommending Mr. Bolton to be willing nations that may be cautious important military education in order our ambassador to the United Nations, about joining us in certain things, for to achieve that goal. I believe in re- but his name was absent from the let- all the reasons we are familiar with, moving the anti-Israel prejudices in ter. And who best to understand wheth- and to be able to build those coalitions the United Nations. I believe in reform- er he is the kind of individual we around issues critical to us and to ing the anticorruption and enforce- should send to the U.N. to be our am- peace and stability in the world, is ment mechanisms of the United Na- bassador? going to be absolutely essential. The tions. I believe in preventing abuses It is rare, and it should serve as a U.N. is a forum particularly for smaller and crimes by U.N. peacekeepers. I be- warning to all of us. We owe it to the nations. lieve in making the United Nations a United States, our children and grand- Large nations have big delegations strong institution that fulfills its mis- children, to heed this warning and to here in Washington, and we go back sion to preserve and protect human ask our President: Mr. President, and forth to major European allies and rights and democracy. I know that I please, find a better candidate to send the major countries in the Pacific rim. agree with Mr. Bolton’s policy because to the United Nations. For an awful lot of countries, the best I sat down with him to discuss his poli- I yield the floor. forum for them is the U.N. The person cies. I still just believe we can do much The PRESIDING OFFICER. The Sen- who interfaces with those people on a better than Mr. Bolton at the United ator from Connecticut. daily basis can do a tremendous Nations. Mr. DODD. Mr. President, again, I amount of good for our country with Many people have come today to de- commend my friend and colleague. I that notion—the face of public diplo- fend Mr. Bolton. In some cases, they don’t want to do this too frequently. I macy that the Senator from Ohio argue that the allegations are false. In am afraid I may hurt his reputation in talked about. some cases, they argue that even certain quarters. I want to tell him I wanted to, once again, thank my though Mr. Bolton behaved badly, his how much I admire what he has done colleague for his willingness to share rough edges are what the United States over the last number of weeks and did his feelings with his colleagues about needs to be successful at the U.N., so so so that the people of Ohio and Amer- this, and we are going to have a vote we should overlook his record of behav- ica understand this. This was not a de- this afternoon, only because I felt it ior. But nobody has disputed the argu- cision that my colleague from Ohio was important for us to be able to have ment that I made yesterday before the reached quickly. In fact, I recall viv- information that should be forth- Senate that Mr. Bolton will contradict idly the day in room 116 where we made coming. It is a matter of right here on our efforts to improve public diplo- our case. It was one of those rare mo- a cloture motion and, if that succeeds, macy at this critical time. ments that we don’t see often enough we will go right to a vote on Mr. Public diplomacy has been the No. 1 around here these days, where the Sen- Bolton. If not, it will lay over and priority of Secretary Rice since becom- ator from Ohio said: I am troubled by when we get back, if we don’t invoke ing Secretary of State. She is running this. I want to know more. cloture, we will deal with it fairly all over the world putting her best foot I was tempted a couple of times dur- quickly when we return and we will forward, saying: We are the team. We ing the period between that hearing on move on. all have to work together. It is a clear April 18 or 19 and when we reconvened I hope Members will have listened, priority of the President, who has done again in early May as part of the For- particularly on the majority side. I everything in his power to improve the eign Relations Committee to consider suspect that when you hear some of us, image and understanding of the United this nomination. I decided the best you may say that is a bunch of Demo- States, including getting the First thing I could do was to leave the Sen- crats talking. I regret that that is the Lady to get out there and start doing ator from Ohio alone and let him go feeling, but if you are not impressed public diplomacy and then naming through the process himself of deciding with what some of us who have worked Karen Hughes, his confidant for so on the concerns that had been raised. on the issues for many years feel about many years, to lead public diplomacy As he so appropriately pointed out—I it, listen to GEORGE VOINOVICH from at the Department of State. tried to make the point this morning Ohio. This is a good person who cares In the spirit of the President’s objec- myself—these allegations are not com- about the status of the United States tives, we cannot ignore the damage ing from some outside groups who have and about this matter before us. I that John Bolton could have on U.S. a vested political interest in the out- thank the Senator. public diplomacy. We also cannot ig- come. I suggest the absence of a quorum. nore the warning signs of so many Many of these people were people The PRESIDING OFFICER. The loyal servants of our Government who who were presently there or have just clerk will call the roll. testified before our committee. These left the present administration or they The assistant legislative clerk pro- witnesses who came before the Foreign have had the experience of working ceeded to call the roll. Relations Committee came volun- with the nominee. They were the ones Mr. HATCH. Mr. President, I ask tarily. We didn’t go out and solicit who raised the concerns. In fact, at unanimous consent that the order for them to come. They came in volun- lunch today, we were talking about the quorum call be rescinded. tarily. Most of them are Republicans. North Korea with several former career The PRESIDING OFFICER. Without Most of them are proud they are con- diplomats who have worked with the objection, it is so ordered. servatives. nominee, including in this administra- Mr. HATCH. Mr. President, I am I ask my colleagues to consider these tion. I asked them for any observa- pleased that, after much too long a questions: When was the last time so tions. They confirmed what the Sen- delay, the Senate will meet its con- many individuals have come out in op- ator has said. stitutional responsibility to vote on an position to a nomination? Think about They had complimentary things to important nomination for the Presi- it. When was the last time that 102 dip- say about Mr. Bolton, as well. I am not dent’s national security team. lomats have opposed the appointment saying there are not qualities about I am referring to the nomination of of a new ambassador? I should check this nominee that are good. He is cer- Mr. John Bolton to be our next ambas- the CONGRESSIONAL RECORD. It hasn’t tainly a well-educated individual, and sador to the United Nations.

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At no point in our inves- the United Nations to support our derstands this, as does John Bolton. tigations of intelligence regarding country’s goals, as well as our goals to The nomination process grew quite Iraq, have we found convincing evi- advance reform in a very difficult tawdry, in my opinion, when it turned dence that intelligence analysts were international organization that, to be to innuendo and, in some cases, at- pressured to change their views based frank, has earned the skepticism of a tacks on the nominee’s character. as a result of political pressure. And good many Americans, including many I know John Bolton. He is a decent, none of our conclusions have indicated in my home State of Utah. honorable man of inestimable intel- that the intelligence process would be It would be a mistake, however, to ligence who has done a tremendous job made better if dissenting views would suggest that this administration is in every public position he has held. be suppressed. If anything, we need anti-U.N. After all, during his first Opponents of Mr. Bolton declared, in- more dissent to qualify and verify our term, President Bush addressed the sinuated, and denounced the nominee intelligence products. United Nations more times than any of based on a handful of alleged reports of If there is anything we have learned his predecessors ever had in the same his cantankerousness. Imagine that. A in our review of faulty intelligence, it period, throughout the entire history cantankerous personality in a high- is that there is not enough scrutiny, of the United Nations. powered job. In Washington, no less. not enough skepticism and, frankly, That the President has regularly con- Give me a break. not enough expressing contrasting sulted with, and sought the support of, Mr. President, the list of those who views. Apparently, our friends on the the United Nations gives lie to accusa- have stood up for Mr. Bolton is one of other side, the Democrats, do not seem tions that he is a unilateralist. the most impressive I have ever seen in to understand this. I am relieved now That he has never hinged our foreign my years in the Senate, And I will that after all the delay, the President policy needs and goals on the support leave it to my colleagues to attempt to will get his vote on his nomination of of the United Nations demonstrates include it all in the RECORD. I must this very fine man for this very impor- that our President has a proper under- note, however, the following statement tant position. standing of our sovereign rights, as included in a letter to the Senate For- I commend the chairman of the Sen- well as a realistic understanding of eign Relations Committee: ate Foreign Relations Committee for what the U.N. can contribute. The vast We, the undersigned, have been appalled at his commitment and patience in bring- majority of the citizens of my State the charges that have been leveled at John ing this nomination to the floor. I Bolton during the course of his nomination agree with President Bush that the know how tough it is to sit through hearing to be this country’s ambassador to meeting after meeting where the nomi- U.N. can be sought as a useful tool to the United Nations. Each of us has worked advance our national security, but that nee is being attacked with what really with Mr. Bolton. We know him to be a man amount to almost flippant attacks. the pursuit of our foreign policy goals of personal and intellectual integrity, deeply should never, never be conditioned on devoted to the service of this country and Both of Senator LUGAR’s virtues—his U.N. approval. the promotion of our foreign policy interests commitment and patience—have been, John Bolton, whose career in foreign as established by this President and the Con- I suspect, severely tested. John Bolton served as a senior dip- policy has included numerous positions gress. Not one of us has ever witnessed con- duct on his part that resembles that which lomat for this country in various ca- where he was worked with inter- has been alleged. We feel our collective pacities for over 20 years. He has served national organizations, including much knowledge of him and what he stands for, with great distinction and has many experience with the U.N., understands combined with our own experiences in gov- accomplishments to his credit. He has this. Certainly it is not for lack of ex- ernment and in the private sector, more than my personal admiration for these ac- perience that Mr. Bolton’s nomination counterbalances the credibility of those who complishments. Whether they have has become so controversial. Nobody have tried to destroy the distinguished been standing up to the United Nations can credibly make that argument. achievements of a lifetime. It is because of his philosophical con- This is a letter signed by former At- and our country’s rejection of that or- victions about the limits of inter- torney General Ed Meese, former At- ganization’s intellectual disease, national organizations—convictions torney General and Governor of Penn- known as declaring Zionism as racism, shared by the President who nominated sylvania Dick Thornburgh, former As- or in his post-9/11 efforts to advance him—that Mr. Bolton’s nomination has sociate Attorney General and Governor multilateral cooperation in his pro- been delayed. I have found this entire of Oklahoma, Frank Keating, former liferation security initiative, Mr. spectacle to be dismaying. Assistant Attorney General and Gov- Bolton’s efforts have advanced U.S. in- Early objections were quite plain in ernor of Massachusetts, William Weld, terests and U.S. values. I am grateful this approach: John Bolton was and more than 30 of Mr. Bolton’s for his work on behalf of our Nation, charged with an unnecessarily skep- former colleagues in the Department of and I am grateful that he chooses to tical view of multilateralism. Justice. continue to serve. In my opinion, the reason George Following the ideological criticisms, In closing, I note a section of a letter Bush won a decisive victory in a close following the attacks on his character, sent to the Foreign Relations Com- re-election campaign is because the the opponents of Mr. Bolton tried the mittee by former Secretaries of State American public recognizes that na- intelligence angle. Apparently, Mr. Baker, Eagleburger, Haig, Kissinger, tional security issues are of dire impor- Bolton has disagreed with a few intel- and Shultz, and former Secretaries of tance, and that the President has a ligence reports and analysts. His oppo- Defense Carlucci and Schlesinger, better grasp of how the real world nents appear to believe that by waving former U.N. Ambassador Kirkpatrick, works. a specious charge of ‘‘misrepresenting and other distinguished former na- The vast majority of the Utahns I intelligence,’’ they can hit the theme tional security officials: represent object to any suggestion of of imperfect intelligence that serious Secretary Bolton, like the administration, checking American power with multi- policymakers have been wrestling with has his critics, of course. Anyone as ener- getic and effective as John is bound to en- lateral institutions. during the last few years of this admin- counter those who disagree with some or They do not believe in ‘‘aggressive istration. And we all know, and cer- even all of the administration’s policies. But multilateralism’’ an expression used tainly we members of the Senate Se- the policies for which he is sometimes criti- during past administrations. lect Committee on Intelligence know, cized are those of the President and the De- They do not believe that the reluc- that intelligence has been seriously partment of State which he has served with tance of European powers to join us in flawed in recent years. We all know loyalty, honor, and distinction. all our causes is a failure of our diplo- that. President Bush has the right to his macy, because nations will pursue But to take a serious problem, which nominee for the United Nations. All their national interest no matter what our committee has now spent years ex- Senators have the right to refuse con- the rhetoric may be. To measure diplo- posing and correcting, with the support sent if they so choose. If our friends on macy by the decisions of nations is to of the administration—and to turn it the other side, or even friends on this

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The Mr. Bolton’s requests to obtain the tered. vote we are about to cast on cloture, if identity of U.S. persons cited in NSA All Senators, as I say, have a right to it takes place, is about whether we are intercept reports. We are told that Mr. refuse consent. In a time of war—and going to stand up for this coequal Bolton did this on 10 occasions, involv- we remain in a complicated global branch of Government’s rights to re- ing 19 U.S. person identities. war—a President’s right to assemble view relevant information in the exer- The chairman and vice chairman of his national security team should not cise of our constitutional responsi- the Intelligence Committee have been be hindered, and it certainly should not bility and our constitutional power to shown these intercepts, but Senator be hindered by people on the floor of advise and consent to nominations put LUGAR and I have not. the Senate. It is time, well past due, to forward by the President or whether we Even Senators ROBERTS and ROCKE- have this vote. are going to let the executive branch FELLER were not told the identities of Mr. Bolton is a good man. I have define for us what information is nec- the U.S. persons, moreover, informa- known him for most of those 20 years. essary in the exercise of our constitu- tion that was readily shared with Mr. I know him personally. I know he is a tional responsibility. Bolton and even with his staff. man of integrity. I know he is a man of The President has his constitutional No one in the executive branch has great intelligence. I know he is a tough responsibilities, defined in article II. explained why an Under Secretary of person, exactly what we Americans We have our constitutional responsibil- State—and a staff member not holding would like to have at the U.N., some- ities, defined in article I. Our responsi- any Senate-confirmed position—may times called a dysfunctional U.N. This bility is to advise and consent as it re- see this information, but the chairman is a man who can bring some credi- lates to any nomination for an appoint- and ranking members of the relevant bility. This is a man who can straight- ive office, above a certain level, that Senate oversight committees may not. en some of the mess out. This is a man the President of the United States Senator ROBERTS tells us that after who can make a difference. He has been makes. It is the President’s obligation reviewing the contents of each report, confirmed so many times in the Sen- to propose; it is our obligation to dis- it is apparent that it is: ate, one would think we would be pose of the nominee. not necessary to know the actual names [of ashamed to make some of the argu- The State Department has denied the the U.S. persons] to determine whether the requests were proper. ments that have been made against request completely, stating that to ful- this very fine man. fill it would chill the deliberative proc- With all respect, I believe my friend I will vote for Mr. Bolton, and if he is ess and that it ‘‘does not believe the re- has it wrong. Learning the actual confirmed, I will offer him my con- quests to be specifically tied to issues names is the key to the inquiry—and it tinuing support as he undertakes yet being deliberated by the Committee.’’ is impossible to make any judgment about the propriety of Mr. Bolton’s re- another demanding mission, and it is The department’s assertion about de- quests without knowing the names. demanding. I urge all my colleagues to liberative process is not trivial. That I am inclined to think there is noth- be fair. That is what is involved here. concern did not stop the Department ing improper in Mr. Bolton’s requests It is a question of fairness. I hope they and the CIA, however, from already for this NSA information. will be fair and vote for this very fine turning over numerous materials to But the longer the executive branch man and give our side a chance to have the committee that involve the very withholds this material, the more I somebody there who is strong, tough, same type of deliberative process— start to wonder. If Mr. Bolton did noth- knowledgeable, loyal, and capable. He preparation of speeches and testimony. ing wrong, then why won’t the admin- is all of those things. I can personally And the department has made no effort istration let us confirm that? testify to that extent, knowing this to justify why it is drawing the line Senator ROCKEFELLER reported to our man as I do. I hope everybody will vote here. for cloture today and then hopefully committee yesterday that Mr. Bolton, The Department’s second assertion— afterwards vote Mr. Bolton up so he upon learning from NSA the identity of that the Syria material is not relevant can start serving and the President can a U.S. official who had delivered a mes- to the committee’s inquiry—is nothing have his foreign policy team in place. sage just the way that Bolton wanted less than an outrageous attempt by the Mr. President, I suggest the absence it to be delivered, sought out that U.S. executive branch to tell the Senate of a quorum. official and congratulated him. That how it may exercise its constitutional The PRESIDING OFFICER. The action may have violated the restric- power. clerk will call the roll. tions that NSA imposes on further dis- The senior assistant bill clerk pro- For several weeks, the Committee on semination of its information. ceeded to call the roll. Foreign Relations has been requesting More importantly, if Mr. Bolton used Mr. BYRD. Mr. President, I ask unan- two types of information which have U.S. person identities in an NSA inter- imous consent that the order for the been denied to it. cept to congratulate officials who did quorum call be rescinded. The first relates to preparation for what he wanted, might he also have The PRESIDING OFFICER. Without testimony on Syria and weapons of used such U.S. person identities to at- objection, it is so ordered. mass destruction that Mr. Bolton was tack officials with whom he did not Mr. BYRD. Mr. President, I thank to give in 2003. The State Department agree? That has been suggested in the the Republican side for yielding me 10 has denied the request completely, press, and while I doubt that Mr. minutes. So I yield myself 10 minutes. stating that to fulfill it would chill the Bolton would do that, Senator ROCKE- (The remarks of Mr. BYRD are printed deliberative process and that it ‘‘does FELLER’s report urges the Foreign Re- in today’s RECORD under ‘‘Morning not believe the requests to be specifi- lations Committee to seek: Business.’’ cally tied to issues being deliberated . . . a more complete understanding of the The PRESIDING OFFICER (Mr. COR- by the Committee.’’ extent to which he may have shared with NYN). The Senator from Delaware. The Constitution says that the Sen- others the nineteen U.S. person identities he Mr. BIDEN. Mr. President, I rise to ate shall advise and consent to nomina- requested and received from the NSA. speak about the vote we will be casting tions. The appointments clause does All Members of the Senate should un- at 6 o’clock today, the cloture vote. I not limit the Senate’s power to review derstand: both the integrity of the had some opportunity to speak on the nominations to those matters the exec- nomination process, and the Senate’s merits and demerits of the Bolton nom- utive branch deems relevant. constitutional role, are being chal- ination yesterday and had an oppor- Our Founding Fathers designed a sys- lenged today. tunity to discuss this issue with my tem of checks and balances, not a sys- The failure of the administration to colleague, Senator LUGAR, and others tem of blank checks. cooperate with the committee, and one

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As the not pushing. ther executive privilege nor any other Executive, I have the privilege to have All we want to see is the draft texts constitutionally-based rationale for confidential discussions with my subor- of the speech and the material on the not cooperating with this committee. dinates. Or, the information you are clearance process. I hope the Senate It has no right under past practice or seeking infringes upon the power of the will stand up for itself today at 6 under constitutional theory to deny us executive in such a way that you are o’clock. information on a nomination based on usurping article II powers, or attempt- Mr. ISAKSON. I ask unanimous con- its own belief that the request is not ing to yield them, like Estrada, to the sent to address the Senate as if in specifically tied to the issues being de- third branch of Government in article morning business. liberated by the Committee. III. The PRESIDING OFFICER. Without Under the doctrine of separation of They do not assert any of that. They objection, it is so ordered. Mr. ISAKSON. Mr. President, before I powers, the Senate is a co-equal branch just say the information we have asked make the remarks, let me reaffirm my of Government. It is within our for, in their opinion, is not relevant to commitment and my support for John power—and ours alone—to decide what our legitimate inquiry. That is a new Bolton as ambassador to the United we think is relevant to our delibera- one for all the years I have been here. tions in the exercise of the advice and I thank the majority leader of the Nations. Like every Member of this Senate, I consent power. Senate, Senator FRIST, for trying what recognize the importance of that ap- To acquiesce in the administration’s I believe has been his level best to get pointment. I recognize the concerns remarkable assertion would undermine the information. He and I had a call many of my constituents in Georgia the Senate’s power. If we vote on this today. He has talked about this. I am have had with the United Nations. nomination without getting all the sure I am not revealing anything I John Bolton is the right man at the facts first, that it is a step that we will shouldn’t. He contacted the National right time for this country to be our all come to regret. Security Agency. He said, Why can’t ambassador to the United Nations. The request for this cloture vote is we see the so-called intercepts we are (The remarks of Mr. ISAKSON are not a filibuster. If there were a fili- talking about? Give me, the majority printed in today’s RECORD under buster, we would have demanded the leader, the same information you gave ‘‘Morning Business.’’) use of 30 hours of debate time post-clo- to Mr. Bolton and his staff. Mr. KOHL. Mr. President, once again, ture. The majority leader was surprised I come to the floor to voice my con- This vote is a vote about the Senate’s when he was told by a general running cerns regarding the appointment of constitutional power. It is a vote to the National Security Agency, No, I John Bolton to an important office in tell the executive branch it must turn won’t give you that. I will give you the this administration. This time he is over information the Senate has re- same thing I gave to the Intelligence being promoted to a Government posi- quested. Committee which is a redacted docu- tion with high international profile, I urge my colleagues to reject clo- ment. That is a fancy phrase for say- the U.S. ambassador to the United Na- ture. ing, the document without the names. tions. I believe his appointment to this The Constitution, to paraphrase I said, Mr. Leader, I think that is not post will harm our interests at the UN Hamilton in Federalist 76, is designed good enough. I think he knows it is not and hamstring our international co- to make sure that nobody becomes an good enough. This is strong-arming. operation efforts. appointed official at the executive They are making no argument as to Mr. Bolton, whom I opposed when he level, the Cabinet level, whom the why we are not entitled to it. was nominated to be the Under Sec- President does not want. That is a I remind Members, the information retary for Arms Control, did not distin- guarantee. But it does not guarantee we are seeking is information Mr. guish himself in his last job. His com- the President gets the first person he Bolton’s staff got. Mr. Bolton, as im- ments about the North Korean regime asks for, or the second person. It guar- portant as an under secretary is, is not during sensitive negotiations almost antees that the Senate will use due the majority leader of the Senate; he is derailed our efforts there. This is not diligence in determining whether the not the Senator from Connecticut. Mr. just my opinion. After his remarks, Mr. person the President of the United Bolton’s staff got this information. Bolton’s superiors recalled him to the States nominates to fill a position—in I asked the leader why they wouldn’t United States and sent a replacement. this case, ambassador to the United release the information, and he said be- This blunder is not the only black Nations—whether that appointment is cause it is highly secret. Translate mark on Mr. Bolton’s record. He also in the interest of the United States of that. Got that? They are not going to failed in another highly critical nego- America. give information to the leader of the tiation—our unsuccessful attempts to That is our job. We are not filibus- Senate because it is secret. In the convince Iran to curtail its nuclear ac- tering. This is not about whether we neighborhood I come from, that means, tivities. will vote on Mr. Bolton’s nomination. you don’t trust me. The nerve of this Mr. Bolton also has publicly and The Senator from Connecticut and I outfit to say they are not going to give often expressed his disdain for the and others have said, we are ready to the information. United Nations—the very institution vote on Mr. Bolton’s nomination, if With regard to Syria—and my time is the President has chosen to send him you give us information that we have about up—we have asked for informa- presumably to represent us and pursue requested and are entitled to in assess- tion relating to whether Mr. Bolton our interests. How can he do that when ing whether Mr. Bolton should go to was lying to us and whether Mr. Bolton his public criticism of the U.N. has the U.N. representing the United was trying to get us into war with been, not constructive or thoughtful, States of America. Syria in the summer of 2003 when a lot but heavy handed and destructive? He The President has an option under of people wanted to go to war. has advocated not paying our U.N. dues the Constitution. He can say, Senate, Remember the argument? The argu- and, in a moment of high arrogance, what you are asking for is a violation ment was that all the weapons of mass said he thought there should only be of the separation of powers doctrine; destruction—that turned out never to one permanent member of the Security you are not entitled to the information have existed—were smuggled to Syria. Council—the United States—to reflect you seek because it falls into the pur- Syria has them, plus a nuclear pro- today’s international power structure. view of what we call executive privi- gram, and we better do something Statements like these make our allies lege. In order for me as President—or about it. And what the intelligence believe that we do not value their co- for any President—to be able to con- community said to Mr. Bolton was, you operation and effort—and perhaps Mr.

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But we in the Senate have a years, I have kept the many talented, Even more troubling, it appears that right not to consent to the appoint- hard working, dedicated, and patriotic the reason Mr. Bolton gave the NSA to ment to the ambassador to the U.N. of Americans working throughout the justify his ‘‘need to know’’ was not the a man whose views would, in my opin- world for our intelligence agencies real reason he sought out the informa- ion, keep him from being able to do his foremost in my mind. One of my cen- tion. job. tral concerns has been to try to ensure This is yet another example of John There is an old saying that ‘‘you that they have the right and ability to Bolton using and misusing intelligence gather more flies with honey, than do their jobs: to get the facts and speak to suit his own purposes. It is also with vinegar’’. I am afraid that we are truth to power. clear that Mr. Bolton bullied a number sending a big bottle of vinegar to the Speaking truth to power means tell- of others who dared to disagree with U.N., and it will attract us no friends. ing the boss what he or she should hear him, including others in the intel- Diplomacy requires tact. It requires rather than just what they want to ligence community. My colleagues— being able to use both the carrot and hear. This is absolutely critical to the Senator BIDEN, Senator VOINOVICH and the stick, rewards and sanctions. Mr. security of our Nation. That is why I others—have detailed these charges Bolton seems to be focused entirely on am opposing John Bolton’s nomination well, and I will not repeat that here. the stick, believing that by wielding to be America’s Representative to the Mr. Bolton’s intolerant attitude and our power and the threat of force like United Nations. It is clear to me that conduct must not be rewarded. It inevi- a cudgel, we can bring the inter- he does not respect the truth or the tably results in chilling truth and national community into line. I do not hard working experts that labor day in facts. It is an attitude hostile to the agree. and day out to provide policy makers very concept of speaking truth to Senator VOINOVICH was right when he with the best information and their power. said the United States can do better best judgments. We need the world to understand that than John Bolton. There are so many I have carefully reviewed the report the United States getting Iraq wrong bright, gifted people in the administra- prepared by the Foreign Relations was an aberration, a one-time, never- tion that would do a better job and be Committee. It is evident to me, from to-be-repeated mistake. The world a better fit. I regret the President did reading the minority views of the com- must believe, and it must be true, that not send one of those people to us for mittee’s report, that Mr. Bolton is a facts and truth are what inform our this high profile job. Mr. Bolton’s pres- bully, but not just any bully. He is a policies and actions at home and ence at the U.N. will do little to build bully with a purpose: to browbeat in- abroad. telligence professionals to disregard our prestige around the world, and may They must also believe our leaders the facts, and to send a message to all well hamstring our efforts in the war and policy makers when they speak. the other intelligence professionals on terror. I urge my colleagues to vote When we speak about intelligence, peo- that they speak the truth at their against this nominee. ple cannot be wondering, is that Amer- peril. His purpose seems clear: to in- Ms. MIKULSKI. Mr. President, I rise ican lying to me, misleading me, tell- timidate. His actions seem clear: to re- today to speak on the nomination of ing me half the truth. John Bolton to be the United States taliate. The stakes are too high: war and Representative to the United Nations. Mr. Bolton retaliated against those I have three criteria I use to evaluate who disagreed with him. He claims not peace; life and death; weapons of mass all executive branch nominees: com- to have sought to have anyone fired. destruction; Iran; North Korea; ter- petence, integrity, and commitment to He said he merely ‘‘lost confidence’’ in rorism. These are the stakes we are the core mission of the department. them. But, that’s just a polite way to talking about. Mr. Bolton has had wide-ranging ex- say a person is unqualified and should America cannot afford to send some- perience and is competent. be fired. It’s a distinction without a one to the U.N. that many people al- I do not agree with many of Mr. difference. When a senior policy maker ready believe does not respect the Bolton’s past statements about the has lost confidence in you, I think we truth. We already have a huge credi- U.N. However, his statements during can all agree that your career is effec- bility gap at the U.N. and in the world. the confirmation process indicate he is tively over. The U.N. was where our respected now committed to the mission of the Playing with words cannot obscure Secretary of State laid out our case for U.N. I will give him the benefit of the the fact that Mr. Bolton went after in- going to war with Iraq. We disclosed doubt on this one. telligence professionals for doing their extensive intelligence information to But I cannot be so flexible when it jobs, for telling the truth, for speaking demonstrate that Iraq had WMD, that comes to the very serious questions truth to power. He was the power, the it was a threat to the region, our coun- about Mr. Bolton’s integrity. boss, the senior official and he had no try and the world. We now know, I rise today as the Senator from use for truth. through no fault of our Secretary of Maryland and as a long-time member According to the investigation by the State, that much of that information of the Senate Intelligence Committee. Foreign Relations Committee, Mr. was wrong. I have been working on reforming our Bolton tried to fire an analyst with the Many of us have worked tirelessly to intelligence community since I first State Department’s Bureau of Intel- make sure that something like that became a member of the Intelligence ligence and Research. The intelligence never happens again. Building on the Committee before the tragedy of Sep- professional disagreed about language work of the 9/11 Commission, we tember 11. I served on the 2002 joint in- regarding biological weapons that Mr. worked for much of last year to pass quiry about what happened on that ter- Bolton wanted to include in a speech. dramatic and broad based reform of our rible day. I served on the Intelligence Mr. Bolton also asked that the Na- intelligence community. We fought Committee’s 2003 review of Iraq intel- tional Intelligence Officer for Latin hard to make sure that a single person ligence. America be reassigned, because he told would be in charge of the entire intel- I worked on the 2004 reform legisla- Mr. Bolton that the language on bio- ligence community, to mandate alter- tion that built on the work of the 9/11 logical weapons did not reflect the in- native or red team analysis to always Commission and that we passed last telligence community’s assessment. make sure that we policymakers have year. We looked for ways to prevent Mr. Bolton also appears to have the best information available. what happened on September 11 from abused his access to intelligence. The We are now working to make that re- ever happening again. We looked for Senate Intelligence Committee re- form a reality. Just last month, I voted ways to make sure that what happened cently investigated charges that Mr. with 97 of my colleagues to confirm the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5989 country’s first Director of National In- The Permanent Representative is the that goes beyond appropriate behav- telligence and his deputy. We have public face, voice, and vote of the ior—a disturbing trait for someone done much, but there is much to do. United States at the world’s only body seeking to become our chief diplomat We are building a new foundation for charged with maintaining inter- at a place where people come together our entire intelligence community. It national peace and security. Therefore, to resolve disagreements. is a work in progress. Every step is im- it is essential that this individual be When Mr. Bolton was nominated to portant. someone with indisputable integrity be Under Secretary of State in 2001, I But one of the most important steps and extraordinary diplomatic abilities. strongly opposed and voted against his is ensuring that our intelligence pro- After listening to John Bolton’s con- nomination. At that time, I had serious fessionals understand and believe that firmation hearings before the Senate reservations about his experience, dip- their work is valued. That truth and Foreign Relations Committee, I feel lomatic temperament, and his poor facts are important. That they can and confident in saying that John Bolton is track record on non-proliferation and must speak truth to power. That we not that person. arms control. Over the last four years, are on their side. That the Senate of Most troubling to me are allegations Mr. Bolton has proved me right. As the the United States takes these matters from senior U.S. intelligence officials— top proliferation official at the State seriously. including a senior Bush administration Department, Mr. Bolton has been inef- That is why at the confirmation appointee—of Mr. Bolton trying to in- fective in his current responsibilities hearing of our nation’s first nominee timidate and even remove intelligence and the world has become more dan- for Director of National Intelligence, I analysts simply because they did not gerous under his watch. The Bush ad- asked Mr. Negroponte if he agreed that share his political views. Mr. Bolton ministration’s record on proliferation, the professionals in the intelligence even went so far as to get in his car and from Pakistan to Iran to North Korea, community must be free to ‘‘speak go out to the CIA to seek the removal has been poor, at best. truth to power.’’ He said, ‘‘Truth to of one intelligence officer. At any time, After much debate, the Foreign Rela- power is crucial. And we’ve got to as- but especially in the wake of the mas- tions Committee was not able to sup- sure the objectivity and integrity of sive intelligence failures associated port Mr. Bolton’s nomination and, our intelligence analysts.’’ with the decision to invade Iraq, efforts rather, reported it out without rec- I also asked him if he will create a by administration officials to shape in- ommendation. Secretary Powell’s Chief tone where there will be no retaliation telligence to conform to a particular of Staff has said that Mr. Bolton would for people who attempt to speak the preconceived view is unacceptable. It is be an ‘‘abysmal’’ ambassador to the truth. Mr. Negroponte said, ‘‘Yes. I essential that dissent be tolerated and U.N. I might not put it as strongly as think the short answer to you is a cat- even encouraged in the intelligence that, but I will be opposing the nomi- egorical yes.’’ community and not distorted to fit a nation of Mr. Bolton. I asked those questions of the nomi- particular ideology or political agenda. Mrs. FEINSTEIN. Mr. President, I nee, who was under oath and at an open Second, I have strong concerns that rise today to express my opposition to hearing, for two very important rea- Mr. Bolton’s pattern of inflammatory the nomination of John Bolton to be sons. statements about the U.N. will make it the next United States Ambassador to First, I wanted the world to hear difficult for him to effectively advance the United Nations. what he had to say. U.S. security interests in New York Simply put, he is the wrong man at Second, I wanted all of our intel- and to build support for much-needed the wrong time for what is an impor- ligence professionals throughout the reforms at the U.N. The last thing we tant and critical position. World to hear what he had to say. want is for countries to make Mr. At a time when the reputation of the I wanted our intelligence profes- Bolton an excuse for resisting reform. United States is at an all time low in sionals to know that they were author- Taking a tougher approach to the U.N. many parts of the world and our mili- ized, indeed, obligated to seek the through constructive criticism is one tary is stretched thin, we need a rep- truth and speak the truth. And, I want- thing; disregarding its value and belit- resentative at the United Nations who ed them to know that our most senior tling its very existence is another. We can engage and work with our friends intelligence professional, the Director need someone in New York who is and allies to forge multilateral solu- of National Intelligence, would not tol- unafraid to shake things up and chal- tions on: the war on terror, the pro- erate retaliation for speaking truth to lenge the status quo, but that person liferation of weapons of mass destruc- power. Mr. Negroponte’s statements must also have the credibility, tem- tion, global poverty, the HIV/AIDS stand on their own. perament, and diplomatic skills to pandemic, and global warming, just to I believe it would be wrong to con- work with other nations, form coali- name a few. firm Mr. Bolton as the United States tions, and advance U.S. interests. The Yet throughout his career, John representative to the United Nations. only tool in Mr. Bolton’s toolbox ap- Bolton has demonstrated an unre- He has disregarded the truth. He has pears to be a hammer. strained contempt for diplomacy and sought to punish intelligence profes- Third, I am disturbed by some of the international treaties. sionals for speaking the truth. He has contradictions in Mr. Bolton’s recent In a letter to Senator RICHARD tried to intimidate intelligence profes- testimony. For example, Mr. Bolton LUGAR, chairman of the Foreign Rela- sionals into agreeing with him regard- pledged to the Foreign Relations Com- tions Committee, 102 former American less of the facts. mittee that he has not and will not diplomats representing both Demo- To confirm Mr. Bolton would send a make statements that are not approved cratic and Republican administrations terrible message to our intelligence by the administration. Yet his own tes- urged the committee to reject Mr. professionals. It would be a terrible sig- timony about Iran appeared to do just Bolton’s nomination because of his nal for our intelligence reform efforts. that—using language rejected by the ‘‘exceptional record of opposition to ef- It would undermine our efforts to re- administration more than a year ago. forts to enhance U.S. security through store our credibility in the world and There are other instances of this be- arms control. The letter notes that Mr. to do the hard work of reforming the havior during the hearings, where our Bolton led the effort against ratifica- United Nations. Ambassador to South Korea has dis- tion of the Comprehensive Test Ban Mr. LEAHY. Mr. President, I have puted what Mr. Bolton said Treaty; blocked a more robust inter- been privileged to have served under Finally, there is a tone and tempera- national agreement to curb the pro- both President Clinton and President ment issue with Mr. Bolton’s nomina- liferation of small arms; led the effort George W. Bush as one of the two Sen- tion. According to respected officials to block the Ottawa Landmine Treaty; ate delegates to the United Nations, who have worked with him, Mr. Bolton led the effort to have the United States and there is no doubt that the United bullies, belittles and undermines those withdraw from negotiations to formu- States Permanent Representative to who do not agree with him. We all lose late a verification system for the Bio- the U.N. is one of the most important our cool from time to time. Disagree- logical Weapons Convention; and led diplomatic posts in the U.S. govern- ments are part of human discourse. the campaign to have the U.S. with- ment. But, there is a pattern with Mr. Bolton draw from the ABM Treaty.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5990 CONGRESSIONAL RECORD — SENATE May 26, 2005 What sort of message do we send to Darfur; convincing North Korea and Even if you assume that this is true, our friends and allies by nominating an Iran to forgo their respective nuclear Mr. Bolton’s efforts to trash intel- ideologue and not a consensus builder weapons programs; combating the glob- ligence analysts and pattern intel- for this leading post at the United Na- al HIV/AIDS pandemic; stopping the ligence to fit his views, had a chilling tions? proliferation of weapons of mass de- effect on the intelligence community I, for one, am unaware of another struction; and fighting the war on ter- and its ability to provide sound, cred- nominee to an international body who ror? ible intelligence. has garnered so much opposition from To say the least, I have little con- Robert Hutchings, the former Chair- individuals who have served on the fidence in Mr. Bolton’s chances for suc- man of the National Intelligence Coun- front lines of American diplomacy. cess if he is confirmed and his inability cil, told the Foreign Relations Com- The fact is, these 102 U.S. diplomats to be an effective and constructive am- mittee: who have written in strenuous opposi- bassador will produce disastrous con- [W]hen policy officials come back repeat- tion to Mr. Bolton recognize that dia- sequences for American foreign policy. edly to push the same kinds of judgments, logue, cooperation, and, yes, com- In response to the mounting criti- and push the Intelligence Community to con- promise are essential if we are to build cism of the President’s nomination, the firm a particular set of judgments, it does alliances and enlist the support of administration has attempted to shift have the effect of politicizing intelligence, because the so called ‘correct answer’ be- other states in tackling the common the debate from Mr. Bolton’s qualifica- tions to the need for reform of the comes all too clear . . . it creates a climate problems we all face. of intimidation and a culture of conformity By opposing virtually every meaning- United Nations. that is damaging. ful arms control treaty over the past A vote for Mr. Bolton is a vote for re- form at the U.N., they argue. A vote Given the failure of pre-war intel- few years, John Bolton has placed his ligence on Iraq and the profound nega- faith in a unilateral, go-it-alone for- against Mr. Bolton is a vote for the status quo. A blunt, no-nonsense ap- tive impact that failure had on the eign policy that has stretched our mili- credibility of the United States in the tary thin and dramatically weakened proach is needed to get the job done. Nothing could be further from the international community, we should respect for America in the world. not send a representative to the United I had hoped that President Bush truth. Mr. Bolton has made it clear that he does not have faith in multilat- Nations who has sought to conform in- would make the rebuilding of our telligence to his stated views and pun- friendships and alliances a priority for eral diplomacy or the mission of the United Nations. Why should we expect ish those who disagreed with him. the next four years. The nomination of Indeed, the next United States Am- Mr. Bolton sends precisely a different him to be committed to a more effec- tive United Nations? How effective is a bassador to the United Nations may signal that the U.N. will continue to be blunt manner if the individual is un- very well be charged with gathering our rhetorical whipping boy. international support to convince Iran We all know that we cannot afford to prepared to listen or compromise? United Nations Secretary General and North Korea to abandon their nu- go it alone in taking on the great chal- Kofi Annan has produced a report on clear weapons programs. A person of lenges in front of us. It is faulty to as- recommendations for reforming the Mr. Bolton’s credibility on intelligence sume that once he arrives at the U.N. so that it can better tackle the matters is unlikely to garner much United Nations headquarters in New challenges of the new century. The support and, indeed will likely face York, John Bolton will suddenly dis- United States should play a meaningful stiffer opposition. cover a new faith in diplomacy and and constructive role in that debate. Surely the President can find an- international agreements. But his inflexible views and harsh other nominee who is committed to It is also a stretch to assume that temperament suggest to me that Mr. multilateral diplomacy and appre- John Bolton will likewise discover a Bolton will himself be the issue at the ciates, rather than denigrates, the newfound faith in the United Nations U.N.—not the steps that need to be goals and mission of the United Na- and its mission. Many of Mr. Bolton’s taken to improve the workings of the tions. comments about the United Nations institution. Despite what the administration may have been raised before but they are Let me turn now to several allega- assert about Mr. Bolton’s ‘‘blunt’’ man- worth repeating. Such as: tions have been made about Mr. ner, such an individual will be far more There is no such thing as the United Na- Bolton’s past conduct as Under Sec- effective at representing United States tions. There is an international community retary of State for Arms Control and interests, shaping alliances to confront that occasionally can be led by the only real International Security that raise seri- problems that transcend borders, and power left in the world and that is the ous questions about his fitness to serve encouraging U.N. reform. United States when it suits our interest and Mr. Bolton has made a career out of we can get others to go along. as United States ambassador to the The secretariat building in New York has United Nations. shunning diplomacy, blasting the 38 stories. If you lost ten stories today it As detailed in the minority report of United Nations, ignoring the advice of wouldn’t make a bit of difference. the Senate Foreign Relations Com- others, and moving ahead with a for- If I were redoing the Security Council mittee on his nomination, Mr. Bolton eign policy that emphasizes arrogance today, I’d have one permanent member be- sought to replace two intelligence ana- over leadership. cause that’s the real reflection of the dis- lysts, Christian Westermann, a State In these difficult times, he is a risk, tribution of power in the world . . . the Department analyst in the Bureau of not an asset, in advancing our national United States. Intelligence and Research, and the Na- security interests abroad and on that As my friend and colleague Senator tional Intelligence Officer, NIO, for basis does not deserve the Senate’s sup- BIDEN has stated, when you listen to Latin America at the Central Intel- port in confirming his nomination. quotes such as these, you wonder why ligence Agency, who refused to back Mr. CORZINE. Mr. President, today I Mr. Bolton would even want the job of his assertion that Cuba was developing will be voting against the nomination Ambassador to the United Nations. a biological weapons program; exagger- of John Bolton to be Ambassador to Indeed, given his disdain for the in- ated intelligence on Cuba’s biological the United Nations. stitution and the other members of the weapons program and Syria’s nuclear When the President first nominated Security Council, Mr. Bolton is un- activities to fit his own personal views; Mr. Bolton for this position, I ex- likely to find a receptive audience for and pushed for the dismissal of a State pressed deep disappointment and con- his ideas and initiatives, much less be Department official he wrongly ac- cern. First, because of his repeated ex- able to forge alliances to protect Amer- cused of purposefully withholding a pression of disdain for the organiza- ican interests and increase global secu- document. tion. But, more importantly, because rity. Supporters of Mr. Bolton’s nomina- Mr. Bolton is as responsible as any How successful is Mr. Bolton likely tion argue that these charges should member of the administration for the to be in enlisting United Nations sup- fall by the waistside because no one needless confrontations with the rest port for promoting political stability lost their job and his statements large- of the world and for the international and economic development in Iraq and ly reflected the views of the intel- isolation that plagued President Bush’s Afghanistan; stopping the genocide in ligence community. first term and for the shaky credibility

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5991 we carry today. At a time when we bility, and they build the respect and If you need a carpenter, you don’t need to be strengthening our alliances loyalty of their staff. Management by hire someone who can’t use a hammer, and making full use of international fear is a recipe, in both public service even if they know a lot about houses. institutions to achieve our foreign pol- and the private sector, for getting only If you need help with your taxes, you icy goals, sending Mr. Bolton to the the information that you want to hear. hire an accountant, not a music teach- United Nations sends the exact wrong Shoot the messenger and other mes- er. message. I don’t accept his view that sengers will not volunteer to deliver And if you need someone to represent the U.N. is a vehicle to be used by the the bad news. And I submit to you that the United States to the other coun- U.S. ‘‘when it suits our interests and Mr. Bolton has developed a reputation tries of the world, you hire a diplomat, we can get others to go along.’’ Diplo- for shooting the messenger. not an ideologue. macy in most people’s minds requires We must begin to learn the lessons of We are talking about the U.S. Am- attention to more than just coalitions Iraq. It should be more than clear by bassador to the United Nations. of the willing. now that our national interests are This is not an entry level position. Over the past month, the Senate For- damaged when policy makers bend in- This job calls for an experienced dip- eign Relations Committee has uncov- telligence. And we should all under- lomat. ered a pattern of behavior on the part stand by now that accurate, objective What does that entail? Webster’s Dic- of Mr. Bolton that has only confirmed intelligence requires analysts who are tionary defines ‘‘diplomacy’’ as: the art my concerns. Most disturbing to me is free to offer differing views. We face se- and practice of conducting negotia- the evidence of Mr. Bolton’s troubled rious threats, from international ter- tions between nations for the attain- and confrontational relationship with rorism to the proliferation of weapons ment of mutually satisfactory terms; our intelligence community. of mass destruction. We have serious the procedures, methods and forms em- In speeches and testimony, he has ap- foreign policy concerns to address, ployed in conducting such negotia- peared to stretch the available intel- from genocide to global climate tions; the skillful or successful settle- ligence to fit his preconceived views. change. Protecting our national secu- ment of differences between peoples; On three separate occasions, he tried to rity interests demands policy makers and, adroitness or artfulness in secur- inflate language characterizing our in- who seek objective intelligence on ing advantages without arousing hos- telligence assessments regarding Syr- these and other challenges. Given his tility. ia’s nuclear activities. He sought to ex- track record, John Bolton is clearly That definition does not sound like aggerate the intelligence community’s not that policy maker. the Mr. Bolton we have heard about. views about Cuba’s possible biological Another lesson of Iraq is the critical If we send Mr. Bolton to the United weapons activities. His track record, importance of American credibility. Nations, we would be sending a go-it- on these and other matters, was so bad The inaccurate presentations made by alone ideologue with open disdain for that the Deputy Secretary of State our Government to the international the U.N., exactly what our country made an extraordinary order—that Mr. community have done serious damage does not need. Around the world today, polls show Bolton could not give any testimony or to our interests. If we are to gain the that even citizens of our strongest al- speech that was not personally cleared active support of other nations in con- lies have a generally unfavorable view by the Deputy Secretary or the Sec- fronting common threats such as ter- of the United States. retary’s Chief of Staff. rorism and weapons of mass destruc- I realize that many Americans say, He also dampened critical debates tion, we will need to convince those na- ‘‘why should we care what other na- among professionals on important pol- tions of our views. To do so, we will tions think?’’ icy issues by retaliating against ana- need their trust. This challenge is espe- And the answer is, the attitudes of lysts who presented a different point of cially complicated at the United Na- other nations affect our national secu- view than his own. For example, on tions, where Secretary of State Colin rity. three occasions over a six month pe- Powell gave what turned out to be an almost entirely inaccurate presen- We recently celebrated VE Day. It riod, he sought to remove a mid-level was a day I will never forget, because I analyst who disputed the language he tation on Iraq, and where the adminis- tration dismissed all alternative views, was serving in the Army in Europe. I tried to use about Cuba. celebrated the end of the war with my The proliferation of weapons of mass including those of U.N. inspectors. Mr. Army buddies, as well as British sol- destruction is a serious matter. I would Bolton is not the person to repair this diers who were our allies. not criticize Mr. Bolton for asking in- damage. And his record makes it ex- tremely unlikely that he could rebuild As much as we might like to think telligence analysts hard questions that we don’t need anything from any about proliferation issues, nor should our credibility in the international community in its most visible forum— other country, it certainly was good to policy makers refrain from challenging have allies in World War II. the assumptions of those analysts. But the U.N. The nomination of John Bolton is a And wouldn’t it be good today if Mr. Bolton was doing something far lost opportunity for this administra- more nations would send troops to different. He made it clear that he ex- tion to regain American leadership at Iraq, so some of our soldiers could pected intelligence analyses that con- the United Nations. It is also dan- come home, and so American taxpayers formed with his preconceived policy gerous. Failure to gain support in the wouldn’t have to bear most of the cost views. Rather than welcome contrary U.N. for our policies puts us at unnec- of that war? intelligence analyses as essential to an essary risk. Simply put, we cannot af- Whether we like it or not, world informed debate, he retaliated against ford an ineffective Ambassador at the opinion matters. those who offered contrary views. United Nations. The fact is, none of the major chal- Mr. Bolton’s approach to those Mr. LAUTENBERG. Mr. President, lenges our Nation faces today can be around him has been harshly criticized before the people of New Jersey elected conquered by us alone. by those who have worked with him. me to the Senate 23 years ago, I In order to win the war on terror, Larry Wilkerson, the Chief of Staff for worked in the corporate world. curb global warming or succeed in the Secretary Powell, called him a ‘‘lousy I helped start a company from international economy, we need our al- leader.’’ Carl Ford, former head of the scratch, and when I left, we had about lies and international institutions. State Department’s Bureau of Intel- 20 thousand employees. Failing to engage these indispensable ligence and Research, referred to Mr. I learned a few things about hiring partners will make U.S. efforts less ef- Bolton as a ‘‘quintessential kiss-up, people. fective, and jeopardize the stability, se- kick-down sort of guy.’’ I learned that a person might be an curity, prosperity, and health of Amer- This is not the person we need at the intelligent human being. They might icans. United Nations. Good diplomacy, like be proficient at many things. They John Bolton is the wrong man to good business, relies on a great team might have a lot of interesting ideas. forge the alliances we need to address and a good leader. Good leaders listen. But if they don’t fit the description these vital challenges. They listen to their troops, they make for the position you need to fill, they Instead of reaching out to the rest of reasoned decisions, they take responsi- are not the right person for the job. the world, his nomination would push

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5992 CONGRESSIONAL RECORD — SENATE May 26, 2005 other nations away and isolate Amer- ministrations. They all agree that more committed to making it stronger ica. John Bolton is the wrong man for the and more effective. Yesterday my friend from Indiana job. I find myself deeply saddened by the complained that we were putting Mr. I have heard Mr. Bolton compared to efforts of a minority of Senators to Bolton’s career ‘‘under a microscope.’’ one of our former colleagues, my good delay Mr. Bolton’s confirmation. He is Well, when I was in the private sector friend and neighbor, Senator Pat Moy- an extremely qualified candidate, who and my company was evaluating a po- nihan. has been confirmed by the Senate four tential new hire for a key position, That is nonsense. Mr. Moynihan was times in the past. Why the change of that’s exactly what we did—and I don’t not afraid to criticize the status quo, heart now? think there’s anything wrong with it. but as his daughter pointed out in a re- Rather than questioning Mr. Bolton’s Mr. Bolton’s track record at the cent newspaper column, he appreciated qualifications for the position and the State Department does not withstand the importance of the United Nations. need for U.N. reform, a minority of close scrutiny. Pat Moynihan would never say, as Senators are engaging themselves in As Undersecretary at State, he did John Bolton said, that, ‘‘if the United what boils down to character assas- nothing to resolve the potentially ex- Nations lost 10 stories it wouldn’t sination. I challenge my colleagues to plosive situations in North Korea and make a bit of difference.’’ look at Mr. Bolton’s real character. He Iran. Instead, he inflamed them. This is an important position. We is a man of integrity and honesty, He has blocked international ar- owe it to our country to fill it with the whose candid personality will serve rangements including treaties limiting best person available. As my friend the him well at the United Nations. nuclear weapons testing, landmines, Senator from Ohio said yesterday, I am confident the Senate will con- child soldiers, missile defense, and ‘‘The United States can do better than firm Mr. Bolton. I wish him well in his small arms trade. John Bolton.’’ new position and with the daunting He dismantled the Anti-Ballistic Mis- Mr. President, not only can we do task of reforming the United Nations. sile Treaty, and blocked a verification better, for the good of the country, we It is not an easy one. Despite this chal- clause to the bio-weapons treaty. must. lenge, I believe he will be a welcome And he was a leading opponent Mr. BUNNING. Mr. President, I speak addition to the organization and an against the ratification of the Com- today on the nomination of John agent of change in the international prehensive Test Ban Treaty. Bolton to be the U.S. Ambassador to community. Mr. Bolton does not have the credi- the United Nations. I want to express The PRESIDING OFFICER. The Sen- bility or the diplomatic skill to rep- my full support for his confirmation. ator from Alaska. resent U.S. interests globally. Despite the criticisms of some of my Mr. STEVENS. Mr. President, I have A smart businessman not only con- colleagues across the aisle, John time reserved at 5:30, but I will make a siders the work experience of a poten- Bolton is without a doubt one the most comment before that time. tial employee—you also look at his qualified people to fill this position. I The PRESIDING OFFICER. The Sen- character and ability to get along with believe his no-nonsense diplomacy will ator from Alaska. other people. be a welcome change at the U.N., and Mr. STEVENS. Mr. President, I have In this regard, Mr. Bolton also falls one that will prove to be effective in had the pleasure to work with my good short. For example, in 2002, he sought to ex- the future. friend, John Bolton, on several issues. Now more than ever, the United Na- aggerate assessments of Syria’s nu- Each time I have worked with him, he tions is in need of drastic reform. As clear weapons capability and Cuba’s bi- has proven to be helpful and driven to the world’s only super power and one of ological weapons activities and support obtain the results that will best serve the original founders of the organiza- for terrorism beyond what U.S. intel- the interests of the United States. He tion, it is the United States’ responsi- ligence believed to be true. is a straight shooter, a no-nonsense Dr. Robert Hutchings, former chair bility to play leading role in this re- type of guy who knows how to get re- of the National Intelligence Council, form. Mr. Bolton’s nomination is a re- sults. described Mr. Bolton’s efforts as ‘‘cher- flection of this commitment. His pur- As most of my colleagues know, I ry-picking of little factoids and little suit for the truth will serve him well in take a special interest in issues regard- isolated bits that were drawn out to holding the United Nations account- ing Asia. Alaska’s past, present, and present the starkest possible case.’’ able for its past mistakes. future have always looked westward to Mr. Bolton bullied and tried to re- Although he is not a career diplomat, Russia, China, Japan, and the Korean move analysts whose work did not re- Mr. Bolton has a strong record of suc- Peninsula. It is for that reason that I flect his own biases. cess within the international commu- have decided to support John Bolton. As if all this were not enough, it ap- nity. He has played pivotal roles in the North Korea has had nuclear aspira- pears now that Mr. Bolton was not signing of the treaty of Moscow, the re- tions many years and has taken ag- truthful in his testimony before our peal of the U.N. General Assembly’s gressive steps to acquire nuclear weap- Foreign Relations Committee on April 1975 resolution that equated Zionism ons years before the Bush administra- 11. with racism, and the negotiations in tion came into office. Among John Bolton’s misstatements: the G–8 Partnership Against the Pro- John Bolton’s straight-forward talk He said he did not try to get a State liferation of WMD to name a few. on North Korea should be applauded. Department employee fired. He said he Mr. Bolton not only possesses the te- He was telling the truth. did not threaten any employees be- nacity to deal with the U.N. but also The United States made the good- cause of their views. He said he did not has experience dealing with the organi- faith effort with the 1994 Agreed act against those officials because of zation on a first-hand basis. He volun- Framework by providing food and sup- differing views. He said the U.S. Am- tarily, I repeat voluntarily, worked for port for building of the reactor. But bassador to South Korea approved of the U.N. between 1997 and 2000 with this agreement was destined to fail be- his July 2003 speech, when we now in former Secretary of State James Baker cause of North Korea’s treacherous ac- fact know that Ambassador Hubbard on resolving the conflict in the West- tions in the region. This is not a coun- got in touch with the Foreign Rela- ern Sahara. Not only did he play an in- try we can trust. We now know that tions Committee to ‘‘correct the tegral role in creating a viable ‘‘peace North Korea began cheating on it al- record.’’ plan’’ for the area, but did so on his most as the ink was drying by embark- Just this month, 102 retired dip- own time. ing on a covert uranium enrichment lomats signed a letter to Senators Mr. President, this flies directly in program. LUGAR and BIDEN urging the Senate to the face of my colleagues across the The Bush administration has accom- reject the nomination of John Bolton isle, who repeatedly accuse Mr. Bolton plished the core prerequisite for a last- to be our Nation’s Ambassador to the of hating the U.N. and wanting to dis- ing solution. It has galvanized the United Nations. mantle the organization permanently. international community to work to- These former diplomats have served Rather than being committed to the gether on a lasting, multinational solu- in both Democratic and Republican ad- organization’s demise, I believe he is tion to the problem. The White House

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5993 has stated that the next venue for this Mr. DURBIN. Mr. President, I rise Crying wolf about weapons of mass discussion will be the United Nations. today in opposition to the nomination destruction is an extremely dangerous John Bolton will be that voice, a of Undersecretary of State John Bolton habit. The United States will be living compelling one, to ensure we are able as United States Ambassador to the with the consequences of poor intel- to have an agreement that will stick. United Nations, an institution which ligence and unfounded allegations re- John Bolton is the strong voice that is he has openly and repeatedly disdained. garding Iraqi weapons of mass destruc- required to ensure that America’s vi- A number of factors have led me to tion for years to come. sion on a nuclear weapon free North this decision, but they fall into several The United Nations was at the center Korea is heard at the United Nations. broad categories: Mr. Bolton’s apparent of the WMD debate over Iraq and it will John Bolton believes in frank and abuse of the intelligence process and of be at the center as we seek to address honest diplomacy. John Bolton has not his subordinates; his opposition to North Korea and Iran as well. shied away from naming rogue states peacekeeping and other fundamental We cannot afford to be wrong about that violate international commit- functions of the United Nations; his weapons of mass destruction again, and ments such as the Biological Weapons disdain for the institution itself; his we cannot afford to have at the helm a Convention, the Chemical Weapons opposition to important nonprolifera- man who has deliberately exaggerated Convention, and the Nuclear Non-Pro- tion efforts; and the poor judgment he intelligence regarding these dev- liferation Treaty. has displayed on key foreign policy astating weapons. He has had an effective working rela- questions. There is also the question of pres- tionship with foreign governments, Furthermore, there is the nomina- suring colleagues and subordinates, international institutions, nongovern- tion process itself as it has been car- even attempting to get people fired. mental organizations, and the private ried out in this case. Despite repeated In response to Mr. Bolton’s tactics as sector for over three decades. requests from the Foreign Relations Undersecretary for Arms Control and There is no question that John Committee, the executive branch did International Security, Secretary of Bolton is qualified for the position of not provide key documents concerning State Colin Powell reportedly came U.S. Ambassador to the U.N., and here Mr. Bolton’s requests to learn the iden- down to ask the analysts to continue are just a few reasons why: tities of 10 U.S. officials who were cited to ‘‘speak truth to power.’’ I applaud As the Under Secretary for Arms in intelligence intercepts. Secretary Powell for this step, but he Control and International Security, The administration’s failure to pro- John Bolton led the efforts to imple- should have never had to take it. vide requested and relevant documents The Senate Intelligence Committee ment the President’s strong non- distorts the nomination process. briefly addressed this issue of pres- proliferation agenda, including reform Although handicapped by a lack of suring and seeking to remove analysts of the International Atomic Energy information and candor, the Senate Agency. last year. However, we addressed this Foreign Relations Committee exam- question only superficially, as I point- He has actively promoted effective ined the charges that Undersecretary multilateral solutions to real-world ed out then in the committee’s addi- of State Bolton abused the intelligence tional views on ‘‘The U.S. Intelligence problems such as the proposal to create process by seeking to have those who a Special Committee of the Inter- Community’s Prewar Intelligence As- dared to dissent removed. sessments on Iraq.’’ national Atomic Energy Agency Board The evidence demonstrated a clear to focus on safeguards and verification Even worse, our committee fell into pattern of conduct that led 9 out of 18 the same trap of discouraging dissent. of nuclear programs. members of that committee to vote John Bolton helped to bring about As I wrote then, ‘‘the conclusion sec- against confirmation. tion in the [committee] report rebukes new leadership to improve the Organi- The minority views of the committee the analyst for the temerity of raising zation for the Prohibition of Chemical report on the Bolton nomination a policy question with a State Depart- Weapons. reached four firm conclusions on this ment Undersecretary.’’ He was the President’s point person matter: in designing the Proliferation Security One, Mr. Bolton repeatedly sought That analyst did the right thing. Pol- Initiative. Over 60 nations are now the removal of intelligence analysts icy questions should be raised. In fact, working together to share intelligence who disagreed with him. they should be welcomed. and are taking action to stop the Two, in preparing speeches and testi- If more questions had been asked, we transfer of dangerous weapons. The mony, Mr. Bolton repeatedly tried to might not have had a distinguished Proliferation Security Initiative was stretch intelligence to fit his views. Secretary of State testifying at the instrumental in getting Libya to make Three, in his relations with col- U.N. with apparent certainty about the strategic decision to abandon its leagues and subordinates, Mr. Bolton weapons in Iraq that did not, in fact, WMD programs. repeatedly exhibited abusive behavior exist. The U.N. is in need of reform. John and intolerance for different views. The recent Silberman-Robb report Bolton supports reform at the United Four, Mr. Bolton repeatedly made from ‘‘The Commission on the Intel- Nations so it is accountable, trans- misleading, disingenuous, or non- ligence Capabilities of the United parent, and effective. While serving as responsive statements to the com- States Regarding Weapons of Mass De- the Assistant Secretary for Inter- mittee. struction’’ concluded that ‘‘the Intel- national Organizations, he detailed his We have to examine these conclu- ligence Community was dead wrong in concept of a ‘‘Unitary U.N.’’ that sions in terms of the position for which almost all of its prewar judgments sought to ensure management and Mr. Bolton is now being considered as about Iraq’s weapons of mass destruc- budget reforms across the U.N. system. the United States voice at the United tion.’’ John Bolton will work with member Nations. One of the key recommendations of states and the Congress to reform the In his approach to intelligence, Mr. the commission was to ‘‘preserve diver- U.N. Bolton clearly sought to stretch the sity of analysis’’ and to encourage de- Allegations that Bolton manipulated analysis to meet his world view rather bate among analysts. intelligence are unfounded. As a pol- than stretching his world view to ac- These are the very impulses that Mr. icymaker, he asserted his view on in- commodate other possibilities. Bolton apparently tried to stifle. These telligence. That was his job. Policy- This is an extremely dangerous way are the very impulses that we need makers should question information to look at the world, as the 9/11 Com- most. extensively before accepting it as fact. mission and others have shown us. Mr. Bolton has been nominated to be These were internal policy debates, Even more damaging, Mr. Bolton ap- our representative to the United Na- which occur in all Departments and parently used his position to attempt tions. In that seat, he will effectively agencies. to intimidate subordinates and even to become our representative to the He may have disagreed with intel- have analysts fired who dared to dis- world. ligence findings at times, but John agree, on such critical issues as the al- It is not a position that he has highly Bolton always accepted the final judg- leged development of weapons of mass valued in the past. He famously re- ments of the intelligence community. destruction in Cuba and elsewhere. marked that ‘‘The secretariat building

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5994 CONGRESSIONAL RECORD — SENATE May 26, 2005 in New York has 38 stories. If you lost dismisses the Geneva Convention as Let me conclude by turning to ten stories today it wouldn’t make a quaint and obsolete. , one of our nation’s bit of difference.’’ Most disturbing of all, Mr. Bolton foremost scholars of genocide and an Mr. Bolton has since explained that has criticized any ‘‘ ‘right of humani- astute observer of international rela- he was merely using a metaphor. I tarian intervention’ to justify military tions. think most of us realized that. The operations to prevent ethnic cleansing Dr. Power has written: point is that the metaphor that he or potential genocide.’’ It is unclear what the Bush Administration chose indicates his low regard for the That tells us Mr. Bolton has learned has in mind by shipping Bolton to New York. institution. nothing from the bloodstained lessons The appointment has been spun as ‘‘Nixon Mr. Bolton has stated that ‘‘there is of history, including the unforgivable goes to China.’’ Nixon, however, actually no such thing as the United Nations,’’ failures of both the United States and went to China: the visit was compatible with he has flatly rejected the idea at least the U.N. in Rwanda in 1994. his world view. Bolton, by contrast, seems President Bush has rightly called the averse to compromise, and is apparently once that the U.S. should pay its U.N. committed to the belief that the U.N. and dues, and he has expressed his desire to crimes in Sudan genocide. Secretary international law undermine U.S. interests. see the Security Council reduced to one Rice recently echoed that judgment. The United Nations is in need of re- member, namely the United States. The Administration has said that it form. The same could be said of many Mr. Bolton is correct when he argues has been blocked by other members of of our own government institutions, as that the United Nations cannot be ef- the Security Council in its attempts to we are attempting to do with the intel- fective unless the United States plays a do more to stop the killing in Darfur. ligence community, for example. leading role. The League of Nations Is the United States going to appoint The United States should be a posi- showed us that. Where he is mistaken as our ambassador a man who not only tive influence in transforming the U.N. is his fundamental confusion of leader- belittles the U.N. but denies that it can to meet the needs of the 21st century. ship with domination. or should intervene to prevent geno- But John Bolton is not the person for A security council of one would leave cide? What possible message does that the job. us with no allies, no friends, and no send on Darfur? I cannot help but contrast John supporters. Another absolutely central United Bolton to John Danforth, a true states- As we have seen with tragic clarity Nations function is the fight against man, a true soldier in the campaign to in Iraq, we are stronger when we have the proliferation of nuclear weapons end the killing in Sudan, and a gra- allies, and we are more effective multi- and other weapons of mass destruction. cious and skilled United States rep- laterally than unilaterally. Mr. Bolton has undermined non- In its domestic policies, the Bush Ad- proliferation efforts, not strengthened resentative to the United Nations. ministration has posited an ownership them. John Danforth was unanimously ap- philosophy that implicitly tells us, Recently, 102 former ambassadors proved for that position. Mr. Bolton is ‘‘We are all alone in this.’’ Mr. Bolton and high ranking diplomats wrote Sen- mired in a controversy of his own mak- represents the international wing of ator LUGAR to express their deep con- ing over his suspect qualifications. that school of thought. cern over the Bolton nomination. They I cannot vote for a representative to We see this very clearly with the declared ‘‘John Bolton has an excep- the United Nations who demeans the issue of peacekeeping. This nominee tional record of opposition to efforts to institution, who works against non- has stated that he opposes the use of enhance U.S. security through arms proliferation, who abuses the intel- peacekeepers in civil conflicts because control.’’ ligence process and its analysts, who he does not regard civil conflicts as We are witnessing the results of the dangerously inflates assessments of ‘‘threats to international security.’’ Bolton approach right now at the Non- weapons of mass destruction, who re- Mr. Bolton testified against United Proliferation Treaty conference in New jects the value of peacekeepers and Nations involvement in the Congo, York. By all reports this conference is their role in civil conflicts, and who where at least 3 million people have making little progress toward creating undervalues the principle of inter- died, and he opposed the U.N. civil ad- a stronger, safer non-proliferation re- national law itself. ministration missions in East Timor gime. Mr. REID. Mr. President, let me say and Kosovo. A former senior Bush administration at the outset, that I do not intend to Humanitarian issues aside, civil con- official told reporters, ‘‘Everyone knew vote for cloture on John Bolton, nor do flicts have a tendency to spill over bor- the conference was coming and that it I intend to support him for the position ders, just as the conflicts in Sudan, would be contentious. But Bolton of United States Ambassador to the Rwanda, Uganda, and the Democratic stopped all diplomacy on it six months United Nations. Republic of Congo have all become ago.’’ As I have said repeatedly since he intertwined. We cannot have our representative at was nominated, this is the wrong man Moreover, civil conflicts can lead to the U.N. stopping diplomacy. He should for the job not because of his abrasive failed states and failed states are very be shaping it. personality, although I am deeply trou- much a threat to national security. Finally, there is the question of judg- bled by his serial mistreatment of co- We cannot have a representative to ment, a key quality in a diplomat. workers and subordinates. the U.N. who opposes one of its most Mr. Bolton was effectively banished My objections to this nominee go basic and important functions. from negotiations with North Korea much deeper than his inability to work Mr. Bolton has also dismissed the after he launched into public attacks well with others. I am opposed to this role of international law. In the late on their government and its leader on nominee because of his poor perform- 1990s, he stated: the eve of discussions. The State De- ance, his flawed views, and his repeated misstatements and mischaracteriza- It is a big mistake for us to grant any va- partment was forced to call Mr. Bolton lidity to international law even when it may back and send a replacement to the tions of his record. seem in our short-term interest to do so—be- talks. Let me commend Senator BIDEN and cause, over the long term, the goal of those I cite this example not because North the Democratic staff on the Foreign who think that international law really Korea does not merit criticism: By vir- Relations Committee and Senator means anything are those who want to con- tually any measure, it is one of the ROCKEFELLER and his Intelligence Com- strict the United States. worst governments in the world. mittee staff. As a result of their leader- I believe that international law But during Mr. Bolton’s tenure, ship and diligence, the Senate and the means something. North Korea’s nuclear weapons pro- American people have a much more I believe that international law is gram has expanded, negotiations have complete understanding of John Bolton very much in our national interest, and deteriorated, and the situation has and his entire troubling record. I believe that this perspective from our grown substantially more dangerous. And there is no doubt that we have potential ambassador to the United Na- Ultimately, we return to Mr. learned a lot about Mr. Bolton. We tions is as damaging as a White House Bolton’s vision of the world and of the have learned about his failures in the legal counsel or Attorney General who role of the U.N. proliferation area, his repeated efforts

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5995 to manipulate intelligence, his numer- President should have withdrawn the weapons of mass destruction that ous misstatements of fact, and his se- nomination. Unfortunately, since he turned out not to exist. Mr. Bolton’s rial mistreatment of career civil serv- didn’t, I think the Senate should follow modus operandi of hyping intelligence ants. the committee’s lead and not rec- and berating analysts has been so dis- But, in spite of the best efforts of ommend him for this job either. credited by the results of the Iraq Senator BIDEN and the other Demo- I know Mr. Bolton has tried to dis- WMD fiasco that it will be difficult for cratic members of the Foreign Rela- tance himself from certain parts of his him to operate in the future. Imagine tions Committee, the record on this record, like his past statements about Mr. Bolton arguing to the United Na- nominee is still incomplete. the United Nations and its role in tions Security Council about the Despite numerous requests, the ad- international affairs. However, there threat posed by Iran or North Korea’s ministration has failed to turn over can be no denying that the man har- nuclear weapons programs. Why would important information about this bors a deep animosity towards the in- anyone take him or the administration nominee. This is astounding to me. The stitution. At a time when we need di- that sent him seriously? administration’s stonewalling has not plomacy more than ever, and we need I support the President’s message of only had the effect of slowing down the help in Iraq and in the global war on reform of the U.N. I am open to some- confirmation process, it has also put a terrorism, this is exactly the wrong one who can speak bluntly on these further cloud over this individual and man to send to the U.N., and it sends issues, who can deliver tough messages. has—perhaps unnecessarily—raised the exactly the wrong message to our But we need a different messenger impression that the nominee and the friends and allies. than Mr. Bolton. White House have something to hide. Mr. Bolton’s supporters have ad- The end result is further questions vanced only one reason to ignore the Mr. MCCONNELL. Mr. President, I about this nominee, further disruption weight of all the evidence that he is voice my support for John Bolton to be to the Senate’s consideration of this unqualified: Mr. Bolton believes the U.S. Ambassador to the United Na- nominee, and further demonstration of United Nations needs to be reformed. tions. Undersecretary Bolton will bring the administration’s willingness to The U.N. does need to be reformed. The to the table exactly what the U.N. keep information from the Congress U.N. can improve its performance. It needs now more than ever: a sure hand and the American people. can reduce inefficiency in its bloated to guide much-needed reform. This is information that the Senate bureaucracy. It can become more effec- The United Nations holds much is entitled to under the advise and con- tive and more relevant. And we ought promise today. But too often, it falls sent clause of the Constitution, infor- to have a U.N. ambassador who is will- far short in its attempts to defend free- mation that is central to this man’s ing to take on that mission of reform. dom, security, and human dignity. Un- qualifications, information that, had it But the President should be able to dersecretary Bolton wants the U.N. to been provided, could have possibly find someone capable of reforming the succeed, and believes it can be a great spared this man further questions U.N. without Mr. Bolton’s baggage. force for good. about his already damaged reputation. So let’s be clear, I do not oppose Over the past 3 months we have all But as has so often been the case sending someone to the United Nations heard many scurrilous, slanderous per- with this administration, they have who is willing to engage in some tough- sonal attacks made against Undersec- sought to ignore the public’s right to minded reform. I do oppose sending retary Bolton. However, as is often the know and prevent Congress from mak- someone who has misused intelligence case in Washington, the outrage is ing a fully informed decision. They and bullied intelligence analysts in a largely much ado over very little. want to be the judge and the jury. They way that undermined our diplomatic I believe that the opposition to him have decided the information is not corps and produced wrong-headed na- really stems from concern that he has relevant to our consideration of Mr. tional security policies. so effectively implemented the Presi- Bolton. The facts show that Mr. Bolton re- dent’s foreign policy. Opponents do not Let me see if I understand their argu- peatedly sought the removal of intel- want to take on the President, so they ment. The administration asserts that ligence analysts who disagreed with try to bully John Bolton. information that bears directly on Mr. him. In speeches and testimony, Mr. The problem is, the U.N. is rife with Bolton’s role in assessing the threat Bolton repeatedly sought to stretch in- corruption, scandal, and incompetence. posed by Syria and in his seeking inter- telligence to fit his views. In dealing Take the Oil-for-Food Program. What cepted conversations of foreigners and with other professionals, Mr. Bolton re- started as a humanitarian attempt to U.S. citizens is not relevant to his peatedly exhibited abusive behavior help Saddam Hussein’s suffering vic- qualifications to represent this Nation and intolerance that had a chilling ef- tims degenerated into a jackpot for the at the United Nations, and therefore fect on analysts’ ability to provide dif- tyrant’s friends. should not be provided to the Senate. ferent views. After all the damage caused when The second highest ranking official Evidence now shows that Saddam this administration stretched the truth at the State Department, Secretary Hussein illegally profited from the pro- at the United Nations as it made the Powell’s Deputy Rich Armitage, was so gram, and used the funds to build case for war in Iraq, does the White concerned about Bolton speeches that weapons for use against American House really believe it is not relevant he decreed that he must personally re- troops. Millions of dollars in oil-soaked for us to be absolutely certain their view and clear all of Mr. Bolton’s pub- bribes may have gone to high-ranking nominee was not trying to stretch the lic statements. And Robert Hutchings, officials in France, Russia, and within intelligence yet again? chairman of the National Intelligence the U.N. itself. And most sickening of So we are in this largely avoidable Council, said that Bolton took ‘‘iso- all, there is now evidence that Oil-for- position of having to vote against clo- lated facts and made much more of Food money may be funding the insur- ture and extending debate until the in- them to build a case than I thought the gents that attack our soldiers in Iraq. formation is turned over to the Foreign intelligence warranted.’’ He said the I commend my good friend Senator Relations and Intelligence Commit- impact of Bolton’s actions on the intel- NORM COLEMAN from Minnesota for tees. I hope the administration will do ligence community, ‘‘creates a climate leading the committee that has uncov- the right thing and provide the infor- of intimidation and a culture of con- ered these abuses. He is proving how mation to the Senate. formity that is damaging.’’ much work lies ahead for Undersecre- In the meantime, the information the But this is not merely a concern for tary Bolton when he arrives at the U.N. Foreign Relations Committee has man- historians. At the same time that Mr. As Undersecretary of State, John aged to obtain is deeply troubling. This Bolton was agitating and undermining Bolton took the lead to realize the is a record which caused one of the intelligence professionals on issues President’s Proliferation Security Ini- most respected and storied committees such as Cuba and Syria’s WMD pro- tiative, which strives to halt the in the entire Congress to not rec- grams, the administration was putting spread of dangerous weapons. Thanks ommend him favorably to the full Sen- together a dramatically hyped case for to his leadership, the once-dangerous ate. Based on that fact alone, the war in Iraq to deal with a threat from regime in Libya has begun to be tamed,

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5996 CONGRESSIONAL RECORD — SENATE May 26, 2005 as Libya has consented to the Initia- comes to determining his commitment abuse against the innocent female civil tive and begun the verifiable elimi- to the U.N., and his fitness to be the war victims they were sent to protect. nation of its weapons of mass destruc- Ambassador. Meanwhile, the U.N.’s Human Rights tion. I urge my fellow Senators to focus on Commission, which is charged with Undersecretary Bolton also led nego- the dire need for U.N. reform, and Un- protecting our human rights, includes tiations for the creation of the G–8 dersecretary Bolton’s record as a dip- such human rights abusers as Libya, Global Partnership Against the Pro- lomat who can get results. In times Cuba, Zimbabwe, and Sudan. liferation of WMD. Thanks to his diplo- like these the U.N. needs a little These failures are very real and very matic work, other nations contributed straight talk. And Undersecretary discouraging. They can be measured in $10 billion towards those efforts. And Bolton can give it to them. lives lost and billions of dollars stolen. he led negotiations for the Treaty of He has a remarkable record of bring- And they can be measured in the sink- Moscow, which reduced by two-thirds ing about change through multi- ing regard for an organization that the number of operationally deployed national institutions. I say, let him should be held in high esteem. strategic nuclear warheads. work his magic at the U.N. The U.N. America sends the U.N. $2 billion per As Undersecretary, Mr. Bolton se- can do better than what it is giving us, year. Our contribution makes up 22 cured 100 bilateral agreements ensuring it must do better. John Bolton is the percent of that budget. We provide an that other countries will never drag right man at the right time for this even larger percentage for peace- American troops before the Inter- critical assignment. keeping and other U.N. activities. national Criminal Court on trumped- I suggest the absence of a quorum. It is no surprise that Americans are up, political charges and deprive them The PRESIDING OFFICER. The calling out for reform. John Bolton is of American justice. It is remarkable clerk will call the roll. the President’s choice to lead that ef- that he has negotiated so many of The bill clerk proceeded to call the fort. He possesses deep and extensive these pacts—known as Article 98 agree- roll. knowledge of the U.N. and has, for Mr. FRIST. Mr. President, I ask ments, for a section of the ICC treaty— many years, been committed to its re- unanimous consent that the order for in just 4 short years. form. the quorum call be rescinded. Undersecretary Bolton was a leader Back in 1991, Under Secretary Bolton The PRESIDING OFFICER. Without of American efforts to persuade the Se- successfully lobbied to repeal the objection, it is so ordered. curity Council to pass Resolution 1540, Mr. FRIST. Mr. President, in 15 min- U.N.’s shameful resolution 3379, which which imposes standards for arms con- utes or so, we will vote on the nomina- equated Zionism with racism. Many in trol, disarmament, and WMD prolifera- tion of Under Secretary of State John the diplomatic community told him it tion prevention on every Member Bolton to be ambassador to the United could not be done. But after waging an State. Nations. aggressive campaign, he moved the So far, over 80 countries have out- I applaud President Bush for his se- U.N. General Assembly to repeal the lined their plans to stop WMD pro- lection. The President describes the resolution by a vote of 111 to 25. liferation. This is a tremendous step Under Secretary as ‘‘a blunt guy’’ who As Under Secretary of State for Arms forward in the War on Terror, and ‘‘can get the job done’’ and ‘‘isn’t Control and International Security, much of the credit goes to Mr. Bolton. afraid to speak his mind’’—not even to John Bolton helped build a coalition of Thanks to his careful, patient work of the President himself. 60 countries to combat the spread of diplomacy, Resolution 1540 not only We need a smart, principled, and weapons of mass destruction through passed the U.N. Security Council, it straightforward representative to ar- the President’s Proliferation Security passed unanimously. ticulate the President’s policies on the Initiative. Let me close, Mr. President, with a world’s stage. He was pivotal in our successful ef- reminder for my colleagues of how We need a person with Under Sec- forts to persuade Libya to give up its committed Undersecretary Bolton is to retary Bolton’s proven track record of pursuit of weapons of mass destruction. working with and reforming the U.N. determination and success to cut He was also the chief negotiator of to make it the sentinel of liberty that through the thick and tangled bureauc- the Treaty of Moscow, which calls upon it can, and should, be. I will read two racy that has mired the U.N. in scandal the U.S. and Russia to reduce their nu- statements. One was made by Under- and inefficiency. clear warheads by nearly two-thirds. secretary Bolton, the other by the re- A vote for John Bolton is a vote for Under Secretary Bolton has the con- vered Democrat and New Dealer Dean U.N. reform. A vote for John Bolton is fidence of the President and the Sec- Acheson, Secretary of State to Presi- a vote for progress on the international retary of State, and it is to them he dent Harry S Truman. Let’s see if you challenges of our day. A vote for John will report directly. can guess who said what. Bolton is a vote for the United States. He has been confirmed by this body Here’s the first one: It is no accident that polling shows four times, and I believe if we are given The United States is committed to the suc- most Americans have a poor view of the chance, he will be confirmed for a cess of the United Nations, and we view the the United Nations. In recent months, fifth time today. U.N. as an important component of our di- we have seen a deluge of negative re- The vetting of his current nomina- plomacy . . . Walking away from the United ports. We now know that Saddam Hus- tion has been exhaustive. The Foreign Nations is not an option. sein stole an estimated $10 billion Relations Committee interviewed 29 Now here’s the second statement: through the Oil-for-Food Program. The witnesses and reviewed more than 830 I never thought the U.N. as worth a damn. U.N. official who ran the operation pages of documents from the State De- To a lot of people it was a Holy Grail, and stands accused of taking kickbacks, partment, from USAID, and the CIA. those who set store by it had the misfortune along with many other officials. Under Secretary Bolton fielded nearly to believe their own bunk. Just this week, the head of the Iraq 100 questions for the record and under- One of these statements was made by Survey Group told the Council on For- went multiple hearings. the nominee, a man caricatured by his eign Relations that as a result of the As Senator LUGAR has pointed out, detractors as dead-set against the U.N. oil-for-food corruption, Saddam came Under Secretary Bolton has served 4 and the need for America to work with to believe he could divide the U.N. Se- years in a key position that tech- multilateral institutions. The other curity Council and bring an end to nically outranks the post for which he was made by the multilateralist who sanctions. I commend Senator COLE- is now being considered. helped create the World Bank and the MAN for his determined efforts to get to This is a critical time for the United North Atlantic Treaty Organization. the bottom of this global scandal. States and for the world. Because of Well, surprise, surprise. The first We know the U.N. failed to stop the the President’s vision and commit- statement was made by Undersecretary genocide in Rwanda in the 1990s. The ment, democracy is on the march Bolton, and the second by Secretary U.N. is on the brink of repeating that around the globe. Acheson. This just goes to show, Mr. mistake in Darfur. In January, Iraq held its first truly President, that much of the criticism In the Congo, it is alleged that U.N. free elections. Revolution has swept about Mr. Bolton is useless when it peacekeepers have committed sexual the Ukraine, Georgia, and Lebanon. We

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5997 are seeing political reforms in Egypt. The question is, Is it the sense of the Mr. REID. Madam President, while Kuwait now allows a woman the right Senate that debate on Executive Cal- we have Senators in the Chamber, I to vote. Saudi Arabia is slowly opening endar No. 103, the nomination of John wish to express, through the Chair, the the door to democracy. The Middle Robert Bolton to be the Representative appreciation of especially Senator East peace process is at its most hope- of the United States of America to the BIDEN and Senator DODD for the ends to ful moment ever. United Nations, shall be brought to a which the majority leader went to try The U.N. can and should be vital in close? to resolve this issue. He spent an inor- advancing these developments. The The yeas and nays are mandatory dinate amount of time trying to get U.N. charter states that the purpose of under the rule. the information requested and was un- that organization is ‘‘to promote social The clerk will call the roll. able to do so. He did get information progress and better standards of life in The assistant legislative clerk called but not all that was necessary. I am larger freedom.’’ the roll. disappointed that tonight we were un- I believe in the U.N.’s potential, if it Mr. McCONNELL. The following Sen- able to have a vote on Mr. Bolton, but is reformed and more rightly focused. ators were necessarily absent: the Sen- it is not the fault of the Democratic It has been an important instrument of ator from Pennsylvania (Mr. SPECTER). caucus. We are not here to filibuster peace and dialog. I believe, as does the Mr. DURBIN. I announce that the Mr. Bolton’s nomination. We are here President, that an effective U.N. is in Senator from Hawaii (Mr. INOUYE), is to get information regarding Mr. America’s interest. necessarily absent. Bolton, information to which we are Ambassador Rudy Boschwitz, who The PRESIDING OFFICER. Are there entitled. The people who voted against has just returned from the 61st session any other Senators in the Chamber de- cloture—there were many—many of of the U.N. Commission on Human siring to vote? them will vote against Mr. Bolton if, in Rights, puts it well when he says that: The yeas and nays resulted—yeas 56, fact, he gets before the Senate. But nays 42, as follows: Not only the United States, but the United most of the people here tonight are Nations itself, needs and will profit from a [Rollcall Vote No. 129 Ex.] no-nonsense representative like Mr. Bolton. concerned about this being an issue YEAS—56 dealing with the administration not U.N. Secretary Kofi Annan, too, sup- Alexander DeWine McConnell ports the Under Secretary’s selection. giving us the information we want. Allard Dole Murkowski That is all. It hurts their nominees. I thank my colleague Senator LUGAR Allen Domenici Nelson (NE) for his strong leadership. And I also Bennett Ensign Pryor The administration has to be more Bond Enzi thank my colleagues Senators ALLEN, Roberts forthcoming. Brownback Graham Santorum I hope that during the next 8 or 9 COLEMAN, SUNUNU, and ALEXANDER for Bunning Grassley Sessions days the administration will take a their clear-eyed and unwavering sup- Burns Gregg Shelby Burr Hagel fresh look at this and give the informa- port for this capable and fine nominee. Smith Chafee Hatch Snowe tion to Senator DODD and Senator I will close with a story about John Chambliss Hutchison Stevens BIDEN—most of what they want. They Bolton. When he was an intern in the Coburn Inhofe Nixon White House, John Ehrlichman Cochran Isakson Sununu are the only ones who will see it. It Talent had gathered the interns together to Coleman Kyl will not be given to the entire Senate. Collins Landrieu Thomas They are not asking for information tell them they had to work for Nixon’s Cornyn Lott Thune reelection. A young John Bolton piped Craig Lugar Vitter that may affect our country’s national up, ‘‘Work for him? I don’t even know Crapo Martinez Voinovich interest. if I’m going to vote for him.’’ DeMint McCain Warner I hope we can go forward with the He has always been a straight-shoot- NAYS—42 people’s business. The distinguished er and a man of integrity—exactly Akaka Dorgan Lieberman majority leader told me yesterday that what we need at the United Nations, Baucus Durbin Lincoln he was going to file cloture on these and exactly what the United Nations Bayh Feingold Mikulski two judges. This is fine. We will work Biden Feinstein Murray out a timely manner to complete the needs from us. Bingaman Frist Nelson (FL) Mr. President, I yield the floor and Boxer Harkin Obama work on these judges and other judges. suggest the absence of a quorum. Byrd Jeffords Reed The Energy bill was reported out of The PRESIDING OFFICER. The Cantwell Johnson Reid committee today. The asbestos bill was Carper Kennedy Rockefeller clerk will call the roll. Clinton Kerry Salazar reported out of committee today. The legislative clerk proceeded to Conrad Kohl Sarbanes There is a lot we have to do here, and call the roll. Corzine Lautenberg Schumer we do not want this to be a diver- Mr. FRIST. Madam President, I ask Dayton Leahy Stabenow gence—the work we have to do is a di- Dodd Levin Wyden unanimous consent the order for the vergence, but it is not the fault of the quorum call be rescinded. NOT VOTING—2 Democratic Senators that it is a diver- The PRESIDING OFFICER (Ms. MUR- Inouye Specter sion. KOWSKI). Without objection, it is so or- The PRESIDING OFFICER. The yeas Mr. BIDEN. Madam President, will dered. are 56, the nays are 42. Three-fifths of the Senator yield for a question? CLOTURE MOTION the Senators duly chosen and sworn Mr. REID. I will be happy to yield to Under the previous order, the clerk not having voted in the affirmative, the ranking member of the Foreign Re- will report the motion to invoke clo- the motion is rejected. lations Committee. ture. The majority leader. Mr. BIDEN. Madam President, I wish The assistant legislative clerk read Mr. FRIST. Madam President, I enter to make it clear to all my colleagues, as follows: a motion to reconsider the vote. speaking for myself, that I have abso- CLOTURE MOTION The PRESIDING OFFICER. The mo- lutely no intention to prevent an up- We, the undersigned Senators, in accord- tion is entered. or-down vote on Mr. Bolton. The issue ance with the provisions of rule XXII of the Mr. FRIST. Madam President, I en- here is about whether the executive Standing Rules of the Senate, do hereby tered a motion to reconsider this vote branch will provide information which move to bring to a close debate on Executive to allow us to revisit this issue when the majority leader tried yesterday and Calendar No. 103: we return. We will be doing that. We today to get, and which I think almost William Frist, Richard Lugar, Richard every Senator here would acknowledge Burr, Pat Roberts, Mitch McConnell, will be closing shortly this evening, Jeff Sessions, Wayne Allard, Jon Kyl, but before we close, I will file cloture the institution is entitled to get. We Jim DeMint, David Vitter, Richard motions on the Brown nomination and are prepared to not even ask that the Shelby, Lindsey Graham, John Ensign, the Pryor nomination. Our next vote ranking member and the chairman of Pete Domenici, Robert Bennett, Mel will be Tuesday, June 7, and that vote the Foreign Relations Committee see Martinez, George Allen. will occur prior to the policy lunch- the information we have sought. I im- The PRESIDING OFFICER. By unan- eons, probably at noon on June 7. plore the administration to provide the imous consent, the mandatory quorum The PRESIDING OFFICER. The mi- information, and—speaking for myself, call has been waived. nority leader. and I can speak for no one else, but I

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5998 CONGRESSIONAL RECORD — SENATE May 26, 2005 believe my colleagues on my side The PRESIDING OFFICER. The Sen- Later in the tour he served as the would agree with me—we are willing to ator from Oregon. Troop’s executive officer. For his serv- vote 10 minutes after we come back Mr. WYDEN. Madam President, I ask ice in Vietnam, General Kaufman was into session if, in fact, they provide the unanimous consent to speak as in awarded the Bronze Star with V-device information—information to which Mr. morning business for up to 10 minutes for Valor and two Purple Hearts. Bolton’s staff had access but which and that Senator SUNUNU speak after Upon completion of his tour in Viet- they will not give to the majority lead- me for up to 10 minutes as well to dis- nam, General Kaufman served from er of the Senate. There is no reason of- cuss bipartisan legislation the two of 1970–1971 as the Commander of E Troop, fered. us have introduced today. 2d Squadron, 6th Armored Cavalry I want to make it clear, we are ready The PRESIDING OFFICER. Without Regiment, Ft. Meade, MD. General to vote the day we get back, the mo- objection, it is so ordered. Kaufman left Fort Meade in 1971 to at- ment we get back. We are ready to vote (The remarks of Mr. WYDEN and Mr. tend the Armor Officer Advanced immediately if they would come for- SUNUNU pertaining to the introduction Course at Fort Knox, KY. After a tour ward, meeting us halfway on providing of S. 1128 are located in today’s RECORD of duty as an instructor at the armor the information. That is all. under ‘‘Statements on Introduced Bills school, General Kaufman attended the I thank the Chair. and Joint Resolutions.’’) John F. Kennedy School of Govern- The PRESIDING OFFICER. The ma- Mr. WYDEN. Madam President, I ask ment at Harvard University. Here, we jority leader. unanimous consent that after Senator again renewed our friendship as we Mr. FRIST. Madam President, need- SUNUNU’s remarks, Senator REED be were both students at the Kennedy less to say, I am very disappointed recognized for 15 minutes. School of Government at Harvard. By with where we sit today. We have had The PRESIDING OFFICER. Without that time, Dan had married his beloved an interesting week, a very challenging objection, it is so ordered. wife Kathryn and their daughter, week, starting the week on one clear Mr. REED. Madam President, I ask Emily, was born in Mount Auburn Hos- direction and then sidetracked a little unanimous consent to be allowed to pital in Cambridge, MA. General Kauf- bit to what I thought was not an unrea- speak for up to 15 minutes as in morn- man then served as an instructor and sonable feeling in this body that we ing business. assistant professor in the Department were going to be working together and The PRESIDING OFFICER. That of Social Sciences from 1974 to 1978. I that we were going to address the im- order has already been entered. joined Dan as an instructor in the De- portant issues to America. Mr. REED. I also ask unanimous con- partment of Social Sciences for the John Bolton, the very first issue to sent that upon the conclusion of my re- academic year 1977–1978. which we turned, we got what to me After departing West Point, General marks, Senator SALAZAR of Colorado looks like a filibuster. It certainly Kaufman served as Special Assistant to and then after that Senator PRYOR of sounds like a filibuster, looking at the the Director, Planning Analysis, Office Arkansas be recognized. vote today, it quacks like a filibuster, of the Deputy Under Secretary of De- The PRESIDING OFFICER. Without and I am afraid, shortly after we fense (Policy) in Washington, DC prior objection, it is so ordered. thought we had things working to- to reporting into Ft. Bragg, North gether in this body again, we have an- f Carolina. Once at Fort Bragg, General other filibuster, this time on another RETIREMENT OF BRIGADIER GEN- Kaufman assumed the duties of Assist- nomination—not a judicial nomination ERAL DANIEL J. KAUFMAN, ant Chief of Staff, G–3, Force Develop- but another nomination—the nomina- UNITED STATES ARMY ment, 82nd Airborne Division until tion of John Bolton. Mr. REED. Mr. President, I rise 1979. From 1979 until 1981, General It does disappoint me. We had an op- today to recognize the accomplish- Kaufman was the S–3 (Operations), 4th portunity to finish and complete this ments of Brigadier General Daniel J. Battalion (Airborne), 68th Armor, 82nd week with a very good spirit. We are Kaufman, United States Army, Dean of Airborne Division. going to come back to this issue. As Following his assignment at Fort the Academic Board at the United has been said by Senator BIDEN, as I Bragg, General Kaufman completed the States Military Academy at West have said, we are going to revisit it, Armed Forces Staff College in route to but I think what America has just seen Point. General Kaufman is retiring on Cambridge, MA to study for his Ph.D. is an engagement of another period of the 6th of June, 2005 after 37 years of in political science at Massachusetts obstruction by the other side of the active military service in war and Institute of Technology. After earning aisle, and it looks like we have, once peace. His military career exemplifies his Ph.D., General Kaufman rejoined again, another filibuster. the finest traditions of the United the faculty at West Point as a perma- I yield the floor. States Army and demonstrates the nent associate processor in the Depart- The PRESIDING OFFICER. The rare combination of a combat-tested ment of Social Sciences. Democratic leader. soldier and a first-rate scholar. In 1990, he was appointed Professor Mr. REID. Madam President, every- I have had the privilege of knowing and deputy head of the Department of one here should understand that it is Dan Kaufman since 1967 when I entered Social Sciences. During this time, he now the 26th day of May. This is the West Point and was assigned to Com- served as chair for Accreditation Re- first filibuster that has been conducted pany C, Second Regiment, United view Committee, Scholarship Com- in this Congress, if, in fact, we want to States Corps of Cadets. Dan was a sen- mittee, and Faculty Development Com- call this a filibuster—No. 1, first one. ior, or as we say at West Point, a mittee. From 1991 through 1995, Gen- We have not been doing filibusters. We ‘‘Firstie,’’ shorthand for first classman. eral Kaufman served as a key member worked through some very difficult He distinguished himself to me as a se- of several Department of the Army issues we talked about here before— rious and conscientious Cadet with a committees, including Chief of Staff of bankruptcy, class action, and a number wry sense of humor. He ranked aca- the Army transition teams for both of other issues. demically in the top 5 percent of his General Sullivan and General Dennis J. So it is not as if we are looking for class. But, like all of his classmates, Reimer, President-Elect Clinton’s DOD things to have extended debate on. We Dan’s attention was focused on Viet- Transition Team, as well as a special need to work together, and I think this nam as much as academics. assistant to the Chief of Staff, U.S. week has established that. We are Upon graduation in 1968, General Army (1991–1992). going to work together. But how can Kaufman was commissioned as an sec- In 1996, General Kaufman was ap- we work together when information is ond lieutenant in the Armored Cavalry pointed Professor and Head of the De- not supplied? and assigned to F Troop, 2d Squadron, partment of Social Sciences. There he So I hope we will all slow down the 6th Armored Cavalry Regiment, Ft. continued the proud tradition of sol- rhetoric during the break. This is Meade, MD as a platoon leader. After 6 diers and scholars, first begun by GEN something that happened. This is part months at Fort Meade, General Kauf- ‘‘Abe’’ Lincoln right after World War of the Senate. I repeat, keep in mind, man deployed to Vietnam and served as II, carried on by GEN Don Olvey, by this is the first filibuster of the year platoon leader in L Troop, 3d Squad- GEN Amos Jordan, and General Gold- and maybe the last. I hope so. ron, 11th Armored Cavalry Regiment. en, and now GEN Dan Kaufman.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S5999 In June 2000, General Kaufman was The Academic Program at the United roes as we sought to preserve 200 years selected as the eleventh dean of the States Military Academy has never of Senate tradition. In my 5 short academic board. As dean of the Aca- been stronger and more connected to months here, I have come to admire demic board, General Kaufman envi- the Army. General Kaufman has set Senator JOHN MCCAIN and Senator sioned an academic program relevant the course for officer education into DANIEL INOUYE, two men I am honored to the needs of the Army that contrib- the first half of the 21st century. His to call my friends. They served bravely utes to the intellectual and profes- dedication to excellence and his unsur- and with distinction, and have set an sional development of cadets, sup- passed devotion to duty, honor, and example for all of us to follow each ported by 700 first-class staff and fac- country have marked his distinguished day. I thank them for their sacrifice, ulty, $500 million in facilities, and a service over the past 37 years. For the their leadership and their continuing budget of $62.7 million. His visionary past 5 years, he has profoundly shaped commitment to this Nation. leadership led to the publication of the intellectual future of the officer We owe them, and all of our veterans Educating Future Army Officers for a corps. And he has not done this alone. and members of the Armed Services, a Changing World, the operational con- By his side at every step in his career debt which can never be truly repaid. cept for the Academic Program that has been his wife Kathryn. They have a In 1865 in his second inaugural address, links cadet education directly to the wonderful family, including their President Lincoln elaborated on the re- Cadet Leader Development System and daughter, Emily, and their son, David. spect we have for those who served and the Army. Emily is a proud wife of Steve Thomas. the sacrifices made by the few for the General Kaufman oversaw several They have brought to the Kaufman many: significant revisions to the academic family the youngest Kaufman, baby With malice toward none; with charity for curriculum to better prepare graduates Emma. Dan is a great soldier, a brave all; with firmness in the right, as God gives for the challenges of a transforming us to see the right, let us strive on to finish scholar, a devoted husband and father, the work we are in; to bind up the nation’s Army in the post-Cold War world. The and a steadfast friend. new curriculum places greater empha- wounds; to care for him who shall have borne Dan has used his intellect and wit the battle, and for his widow, and his or- sis on global and cultural awareness, and devotion to the Army and the phan—to do all which may achieve and cher- information technology, and curricular country to nurture a generation of ca- ish a just, and a lasting peace, among our- integration; it also offers cadets more dets who will emerge as the leaders of selves, and with all nations. choice in the selection of academic ma- our Army and our Nation. Because of We are fortunate that they, and so jors. He encouraged continued develop- Dan they will be ready for the daunting many of our veterans, are still here— ment of the academic assessment sys- challenges that lie ahead. His legacy husbands and wives, fathers and sons, tem, placing increased emphasis on will be felt in 1,000 places around the mothers and daughters, brothers, sis- performance assessments of the aca- world for decades to come. ters and cousins. Too many of them, demic program goals. The extraor- Whenever a leader of our Army uses however, have been taken from us all dinarily positive assessment results his intellectual and ethical power of too soon. from graduates and commanders in the his or her education at West Point to One of those no longer with us is my field attest to the success of General defend the Nation, protect our soldiers, father, Henry. My father served with Kaufman’s vision. Under his steward- and advance our ideals, his legacy will honor and distinction in World War II ship, the Military Academy continued be felt in a thousand places. West Point and always took great pride in his serv- to lead the Nation and the Army in the has never had a more faithful son or a ice. When he passed away in 2001 after use of information technology for edu- better dean. And I have never had a a long battle with Alzheimer’s, his cation. He oversaw the installation of a better friend. final request to my brother John was secure wireless infrastructure in all I yield the floor. that he be buried in his uniform. academic buildings and encouraged the The PRESIDING OFFICER. The Sen- We proudly honored this request, and use of web-based course management ator from Colorado. afterwards I was struck by the impor- tools. f tance of it to him. My father had been Perhaps the crowning achievement of many things—a thoughtful son, a lov- his tenure was the design of Thomas REMEMBERING OUR FALLEN ing husband, an attentive father. But Jefferson Hall, the Military Academy’s HEROES ON MEMORIAL DAY most important to him was his service new library/learning center. General Mr. SALAZAR. Madam President, to his Nation which he called home and Kaufman led the effort to secure Army this Monday is Memorial Day. It is a which had given him so much. support and Congressional funding for day that is important to countless fam- In 1962, GEN Douglas MacArthur the facility and oversaw all features of ilies across this nation, including my gave the commencement address at the design. In support of the Global own. It is a time of remembrance for West Point. He reflected on his time in War on Terrorism, General Kaufman those heroes who have fallen serving the Army and on the nature of the ulti- expanded outreach and support activi- our country and thanking those who mate action of any soldier—sacrificing ties to the Army, including faculty were blessed to return home to their his or her life for our Nation. Mac- support to combat operations in Af- families and loved ones. Arthur said: ghanistan and Iraq. He personally led a That we as a Nation take the time to The soldier, above all other men, is re- team of senior faculty members to help thank our veterans is important. It is a quired to practice the greatest act of reli- reopen Baghdad University after dec- simple, gracious act that we all too gious training—sacrifice. In battle and in the ades of repression and isolation. During often fail to do. face of danger and death, he discloses those General Kaufman’s tenure, USMA ca- Our cities and towns, across Colorado divine attributes which his Maker gave when dets won 43 international scholarships; and this Nation, have given up their He created man in His own image. No phys- ical courage and no brute instinct can take the Military Academy was named an young men and women without pro- the place of the Divine help which alone can Institution of Excellence, and the Cen- test, men and women humbly accepting sustain him. However horrible the incidents ter for Advancement of Leader Devel- a calling greater than themselves. of war may be, the soldier who is called upon opment and Organizational Learning In many ways, this is what makes to offer and to give his life for his country is was established to provide professional our nation so great. We are a nation of the noblest development of mankind. forums for company-grade officers individuals that can put ourselves In many ways, it saddens us to know throughout the Army. aside for the common good. We can this fact. Each and every American BG Kaufman’s awards include the come together and deliberate and dif- looks forward to the day when none are Distinguished Service Medal, Legion of fer, as we do here in the Senate. But we called upon to make such a sacrifice. Merit, Bronze Star Medal for Valor, are appreciative of the gift of freedom Over the past year, hundreds of Purple Heart, 2 awards, Meritorious we all share, and the price that our Americans made that sacrifice for us Service Medal, 2 awards, Army Com- veterans and fallen heroes have paid on while in service to our Nation, includ- mendation Medal, 2 awards, Vietnam our behalf for our freedom. ing 14 with Colorado roots: Shawn At- Service Medal, 4 campaigns and other Earlier this week, I was fortunate to kins, of Parker; Dana Wilson, of Foun- service awards. work with a pair of bona fide war he- tain; Douglas Bascom, of Colorado

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6000 CONGRESSIONAL RECORD — SENATE May 26, 2005 Springs; Theodore Holder, of Littleton; thing I was involved in, and something Senators here in Washington, unfor- Michael Shackleford, of Grand Junc- that received quite a bit of notice out- tunately, in the last few years have tion; Gregory Rund, of Littleton; side this Chamber, and that is a com- gotten into the habit of talking about George Geer, of Cortez; Lizbeth Robles, promise that was reached. I think it each other and not talking to each of Colorado Springs; Steven Bayow, of was a historic compromise. I think it is other. I hope one of the results that Colorado Springs; Derrick Lutters, of a very good thing for the Nation. In comes from this agreement is a new Burlington; Travis Anderson, of Hoo- fact, I would say it was a win for spirit of bipartisanship, a new commit- per, in my native San Luis Valley in Democrats, a win for the Republicans, ment that we can reach across party southern Colorado; and Charles and, most importantly, it was a win for lines, reach across the aisle, to try to Wilkerson, of Colorado Springs; along the American people. work together to solve the challenges with Paul Christopher Alaniz and Some in my party, some in the other that are facing America. Landon Giles, whose families live in party, may disagree with what I just There are many sensible voices in the Colorado today. said, but I think when you look back Senate. Many, many, many—in fact, Each of them served with honor and through American history—and you all—have reasonable minds. And one distinction and we are all forever can look at all the major legislative thing I found a little bit humorous, grateful for the sacrifice each of them accomplishments that have occurred— some of the press coverage about this made on behalf of all of us. Their most of those have occurred in this agreement was that they said these names will not be forgotten, and our body. were moderates who reached this prayers will remain with their loved This body is known for its ability to agreement. Let me tell you, some were ones. compromise. I look at these chairs and moderates, but many in this group One of our greatest Supreme Court these desks in this body, and I can see were not moderates, and they would be Justices and a Civil War veteran, Oli- the faces of my colleagues and of those offended if we called them moderates. ver Wendell Holmes, Jr., used to spend who have departed this Chamber. This In fact, I heard a number of them say his Memorial Days just a few miles is a body that has a very special role in ‘‘I don’t ever want to be considered a from where we stand now, in Arlington American history and in American moderate,’’ for one reason or another. National Cemetery. He would walk Government. But they demonstrated a spirit of bi- among the gravesites, reflecting on the I have heard some say they do not partisanship that I think should be ap- sacrifices of so many, including the like compromise. In fact, I must say I plauded. Sometimes when you make a com- countless, nameless souls who laid be- was disappointed—I was listening to promise, you are taking the easy way neath. talk radio yesterday, and someone said out. But this was a compromise that Justice Holmes once observed: some of us Senators who compromised are in the middle, and no one supports required courage. This compromise re- At the grave of a hero we end, not with sor- quired a lot of courage on behalf of all row at the inevitable loss, but with the con- the middle. I cannot disagree more. I my colleagues, especially—especially, tagion of his courage. . . . think people all over this country are might I underline—the seven Repub- looking for Senators to show leader- Heroism is not in the deed itself, but licans who entered into this agree- ship, to find common ground. I think in the courage to act. We have heroes ment. It was very hard for Democrats that is one result that has been sorely because they chose to act, to step for- and Republicans to do. But I will tell missing in the Congress. When you talk ward in the call to action. In this Sen- you, I know my seven Republican col- to people outside of the Beltway, that ate, we are blessed with a history of leagues who did this, who dem- is one result they are hoping for, that service to our Nation. Outside of this onstrated their trust, not just of each we will find that common ground and building, however, is where true heroes of us but of this institution, dem- we will have leadership in Washington of our military reside: men and women onstrated a lot of courage. I take my that understands you do not have to in uniform, our veterans who have hat off to them in appreciation. stood watch before them, and those sacrifice your principles in order to Two more points I would like to who have laid down their lives so that find common ground. make on this issue. we can have freedom. In fact, in the very famous book writ- First, I need to thank three people; I encourage everyone over this week- ten by John Kennedy, ‘‘Profiles in that is, my wife Jill, my son Adam, and end to take time out from the parades Courage,’’ he says: my daughter Porter. For all I know, and barbecues and family gatherings to We should not be too hasty in condemning they may be watching right now. It is thank our veterans and service mem- all compromise as bad morals. For politics getting pretty close to bedtime around bers. They stand ready to defend the and legislation are not matters for inflexible our house. But they made the sacrifice, principles or unattainable ideals. freedoms we take for granted, without too, so I could be part of this Senate seeking thanks or praise. This heroic This is politics. This is a human in- and be up here away from home. But act deserves our thanks, for it is by stitution. This is Government. I feel also, Dad was not home a lot in the last grace that they keep us safe. those 14 Senators who reached this few days because I was here trying to In the Book of Matthew we are agreement—13 of my great colleagues work through this agreement as best I taught: ‘‘Blessed are the peacemakers: who reached this agreement—took one could and trying to get this done. So I for they shall be called the children of of the most contentious issues in re- thank them. God.’’ cent years off the table. Hopefully, But in a broader sense, I did this Through their service and sacrifice, they took it off for the remainder of agreement for them because I was very they have earned that distinction. this Congress. I feel as though we took concerned that when you looked at the May God bless our service members it off for the remainder of the Congress nuclear option, if that trigger was and our veterans. because I sat in those rooms, I talked pulled, you had a nuclear winter that May the families of those who have to my colleagues, and I know the high would follow. I was very concerned given their lives for our freedom know level of trust we have with one an- that the Congress, particularly the the depth of our appreciation. And may other. Senate, would not get very much done we never forget the importance of their This entire agreement is based on this session. sacrifice to our work here in the U.S. trust. It is an example that amazing I thought that would be a huge dis- Senate. things can happen when Senators talk service to the American people. I Madam President, I yield the floor. to each other—just talk to each other. thought it was time for reasonable The PRESIDING OFFICER. The Sen- I feel that is why the people of Arkan- minds to come together to try to work ator from Arkansas. sas sent me to Washington, to try to be something out. In fact, in the Book of f a bridge builder, to try to be a peace- Isaiah, it says: ‘‘Come now, let us rea- maker, to try to find common ground son together.’’ And maybe that should A HISTORIC COMPROMISE on a wide variety of issues that are be something we should take to heart. Mr. PRYOR. Madam President, I rise best for Arkansas and best for the Na- The people of our States, every State today to discuss something that hap- tion and, in some cases, best for the in the Union, only get to send two Sen- pened this week in the Senate, some- world. ators to Washington.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6001 I think they expect us to exercise Mr. President, we went through a lit- the request, but he certainly conveyed good judgment and exercise our discre- tle bit of a turmoil here. Obviously, the request in a serious way to leaders tion and also, from time to time, exer- coming in the wake of this negotiation, within the executive branch. I thank cise courage to try to do the right I suppose some people’s eyebrows may him for that. He didn’t have to do that, thing. be raised, wondering how can we do and he did. I regret that the adminis- So I commend my 13 colleagues who that compromise and then end up with tration didn’t reply in an orderly way, entered into this agreement. They took an awkward situation on the Bolton which could have avoided all of this in a lot of time and made a lot of sac- nomination, which became contentious the last 48 hours. I hope they will take rifice, and it took a lot of courage. for a few minutes. I will add my voice this seriously. I say to my friends on Many of them have taken a lot of criti- to that. the majority side, having been in your cism for doing this. I want to say pub- My fervent hope is that people will shoes in other administrations, it can licly that I thank them and I appre- not misunderstand the intentions of 24 happen. ciate them and I am proud of them for Senators, and others, when we raised There is always this tension between what they did. the question going back to April 11 these two branches of Government I yield the floor. about certain information. All of my about information. We need to be clear The PRESIDING OFFICER. The Sen- colleagues are not familiar with all of about it. We have a constitutional re- ator from Connecticut is recognized. the details of the case, although the sponsibility, where appropriate, to seek Mr. DODD. Madam President, before Presiding Officer was very much a part information that is important for our our friend from Arkansas leaves the of the discussion we have had over the consideration. floor, let me also say, if his children last couple of months. Whether we are So it is my fervent hope that we go are watching, they should be very for or against the nomination, the away for a few days and recognize, as proud of their father. I have had the point I was trying to make is that an so eloquently Senator SALAZAR said, privilege of serving with the Senator’s institution—the Senate—has a right to speaking about his father, a World War father. In fact, we sat next to each certain information when it involves a II veteran, insisting upon being buried other as I arrived here as a freshman pertinent matter before it. in his uniform, that we recognize those Senator. The Pryor and Dodd families It has been a historic struggle be- who have given a lot more to provide go back for some time. tween the executive and legislative the freedoms we enjoy as Americans, I want you to know that what you branches. There is always that tension that we are very much living up to and your 13 colleagues did last week— between these two branches of Govern- what they fought and died for over this and nobody can say for certain where ment over access to information. Re- Memorial Day break as we recognize this is going to lead, but you have gardless of one’s political affiliation, their contributions. They fought and given this institution an opportunity whether you are in the majority or the died for exactly what we are doing to continue its tradition of providing minority, no matter what administra- here. the one place in Government where all tion is in the White House, my experi- This doesn’t happen miraculously. A voices can be heard. That is not true in ence over 21⁄2 decades, serving under democracy is won by each and every anyplace in the executive branch, nec- every imaginable configuration, is that generation in this country. There is no essarily, or the judicial branch. And it is always healthy to insist on infor- guarantee that it exists in perpetuity. even in the legislative branch, in the mation that the institution thinks is Each generation of Americans will con- other body, the majority rules. important for its consideration of a front, one way or another, a challenge The Senate is the one place where all matter—be it substantive or the execu- to our democratic values and prin- voices must be listened to. Because of tive branch calendar. ciples. Certainly, the generation that what you and our 13 other colleagues— I want to say to my colleagues, those fought and died for this country over 6 other Democrats and 7 Republicans— who have gone through this process of the years has proven that categori- were willing to sit down and try to negotiations that avoided the constitu- cally. fashion, we have been given a chance to tional crisis regarding extended debate, We are going to be challenged as well live up to the longstanding, historic what happened here in the last few from time to time. So I fervently traditions of this place in which we hours is not in any way disruptive of hope—and Members who have served have been privileged to have been what occurred during those negotia- with me know I am the least com- elected to serve. There have been 1,884 tions. It is my strong hope and desire fortable with getting involved in oppos- of us in 218 years who were chosen by that the information we seek will be ing a nominee. The only trouble I have our States to represent their interests forthcoming in the next few days, that gotten into in nominations is when I and the Nation in the Senate. I can the committees can analyze it all, and have been for nominees to the dis- just say to my friend from Arkansas, when we return to this body after the appointment of colleagues on this side. you will be involved in a lot of issues break, the matter of John Bolton can I was told I had no business to be for during what I hope is a long career for come before this body and we will have John Ashcroft and John Tower. I am you here in the years ahead. You will an up-or-down vote on the nomination, not comfortable not being for some- look back, and there will only be a as it should be. It is my strong desire body. I took the position I did, and I handful of moments that will stand that that be the outcome. hope we can resolve this matter over out, and I am willing to predict that This was not intended, in any way, to the next few days and get back to the what you, Senators MCCAIN, NELSON, engage in a filibuster but strictly to business of voting up or down and move LIEBERMAN, COLLINS, BYRD, WARNER, determine whether this institution on to other business that is important GRAHAM, SNOWE, DEWINE, LANDRIEU, would say to the executive branch, re- to our constituents. SALAZAR, CHAFEE, and INOUYE have spectfully: This is information we be- I was heartened to hear that Demo- done will remain one of the important lieve we need. We are asking you to crats and Republicans were able to memories. You will look back and provide it in an orderly way to those work out differences on an energy bill. think of the things you have been in- Members who are entitled to this infor- That is going to be exciting to deal volved in and, hopefully, the list will mation—the chair of the Intelligence with; it is an issue in which our con- be long. Committee, the ranking Democrat, the stituents are interested. I would be re- As one Senator who was not involved chair of the Foreign Relations and miss in not recognizing the Presiding in the negotiations you went through ranking Democrat—for them to deter- Officer in the tremendous work he has but was watching them carefully—and mine whether there is relevancy to this done, along with Senator JEFFORDS and again, we cannot say with certainty information as it pertains to this nomi- Senator REID and Senator BAUCUS. where it is going to lead—I commend nation. There is a lot of work in front of you. you and history will commend you for Again, I thank the majority leader. Those are the issues we need to work what you are doing. I love the idea that It probably doesn’t help his cause to together on here. So while there may you did it for your family and your hear this, but BILL FRIST made a seri- be some bruised feelings right away children. They will look back with ous effort over the last couple of days, over a vote we just took, I hope we can pride on the service of their father. not that he necessarily even supported put those behind us and resolve the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6002 CONGRESSIONAL RECORD — SENATE May 26, 2005 matter and get about doing the busi- the interior of Alaska awoke to the duct a hearing on the recommenda- ness the people sent us here to do. news that the Department of Defense tions pertaining to Eielson Air Force To my colleagues, I wish them a had proposed to realign Eielson Air Base. The community has enlisted the healthy, happy, and safe Memorial Force Base. Under the terms of this re- president of the University of Alaska, Day, and I look forward to seeing them alignment, all of the Air Force active- retired Army MG Mark Hamilton to on our return here and moving forward duty operations would be transferred take the lead in presenting its case. with the business at hand. elsewhere. The realignment would The community is working very hard I yield the floor. cause the relocation of about 2,800 Air at this moment to put together a very The PRESIDING OFFICER (Mr. Force personnel and 3,300 dependents. thoughtful and well-researched presen- INHOFE). The Senator from Alaska is It would cause the loss of 4,700 jobs, tation. recognized. both military and civilian jobs, within At this point, we are less than 30 Ms. MURKOWSKI. Mr. President, I the Fairbanks area. It would mean the days, a couple of weeks from the date am sorry that our colleague from Ar- full transfer of A–10 and F–16 aircraft upon which that presentation, that do- kansas has left the floor because I was to bases in the lower 48. It would wreak or-die presentation, must be delivered sitting there listening to his comments havoc on the local economy and force to the BRAC Commission. And yet still and his recognition and acknowledge- major changes upon the Fairbanks the Air Force cannot release the de- ments of the 14 Senators who worked North Star Borough School District. tailed analysis which supported their on the compromise this past week and To the people of interior Alaska, recommendations. all the efforts they had made. they do not look at this as a realign- This is unfair to the community that I commend him and all the others of ment. It sounds to them, to us, exactly has offered nothing but unconditional that group and all those who encour- like a closing. love and support for the military. It aged us as a body, as Senators—not as Two weeks after the fact, the people goes beyond conscionable. Republicans, not as Democrats but as of interior Alaska are still scratching So I have joined with Senator SNOWE Senators—to move forward so that we their heads and wondering why, what is from , as well as other col- could get through what I certainly be- going on here, what has happened up leagues, to tell the Defense Depart- lieve was a great impasse in this body, here? General Billy Mitchell proph- ment that their lack of candor with the to work through the issues, to get us to esied back in 1935. He said: community that will suffer under the the point where we cannot only move In the future, he who holds Alaska holds BRAC process has worn thin. I am through the President’s judicial nomi- the world. proud to join with Senator SNOWE and nees, but that we can do the rest of the General Mitchell characterized Alas- other colleagues to sponsor legislation work with which the Senate is tasked. ka as the most important strategic that requires the Department of De- The good Senator from Connecticut place in the world, and this is as true fense to turn over the records sup- has just mentioned the Energy bill and today as it was in 1935. porting its BRAC recommendations the Transportation bill—these issues Alaska is closer to the European and and particularly the information sup- the country is waiting for, the country Pacific theaters by air than perhaps porting its conclusions as to the mili- is asking for, and the work that is in- any other place in North America. Our tary value of the bases on the list. cumbent upon us as a body to get to. armed services can deploy forces from We expect through this legislation So I am pleased that we are at the Alaska to Asia much more quickly that this information will be provided point where we are, not spending hours than units on the west coast of the to the Congress within 7 days of the on the floor today to discuss nuclear United States. And if future develop- passage of the legislation. If the De- options or constitutional options, but ments limit overseas basing, Alaska fense Department cannot do this, then that we are talking about the work be- will be even more critical in America’s the legislation requires that the BRAC fore us as we look forward to these up- ability to respond to a crisis within a process should stop. coming months. I do see a sense of specific area of responsibility. Also this evening, I signed onto a let- compromise that will be necessary if Yet 2 weeks after we learn of this ter to Secretary Rumsfeld, cosigned by we have any plans at all to accomplish news, the Air Force cannot—or will a number of my colleagues who are ex- that which I think this country expects not—tell the people of Fairbanks why. pressing the same concern, seeking full us to do. Immediately after the BRAC list was justification for base closures in their I am pleased that we have gotten released, my staff contacted appro- areas. I would like to read one para- through to this point. I do recognize priate staff members in the Office of graph of this letter: the bump in the road we just had this Legislative Liaison for the Secretary The failure of the Department of Defense afternoon, but I believe that with the of the Air Force. We asked for a copy of to provide all of the justification data used same amount of determination that the entire administrative record which to recommend closing or realigning installa- got us to a resolve on the judicial supports their recommendation to re- tions in a timely fashion is anything but nominees, we will be able to do the align Eielson. ‘‘fair, open or equitable.’’ The Department of work of the country. For the better part of 2 weeks, there Defense has had over two years to review and collect this data and people associated with BRAC was no response to that request. Then the installations selected foreclosure should Ms. MURKOWSKI. Mr. President, I suddenly this week, we get an e-mail have at a minimum two weeks to review rise this evening for just a few minutes from an Air Force legislative liaison prior to any BRAC hearings or site visits. to talk about the upcoming BRAC and saying the material could not yet be Sufficient time to review this data is nec- the impact we are seeing in my State provided because it is undergoing what essary to ensure they can make an appeal of Alaska, up in the interior, in the they call security review. The Air based on the criteria established by the De- communities of Fairbanks and North Force legislative liaison could not haz- partment of Defense. Pole. They call this the golden heart of ard a guess on when the material would Again, yet one more effort from Sen- the State of Alaska. be released. ators, from those who are concerned The people of Alaska are strong and They are still in no position to ex- about the effect that BRAC closures very consistent supporters of a strong plain to me or to the people of interior will have on our respective commu- national defense. They are even strong- Alaska why a base that we thought was nities, a request for information, a re- er supporters of the men and women of such strategic importance to our Na- quest for the data that is supposed to who serve in our military and their tion’s defense would become little be provided to us. We have to sign on families. In a State where support for more than a refueling station for fight- to letters, we have to sign on to intro- our servicemen and servicewomen and er aircraft based somewhere else. duce legislation saying you must do their missions is both given and con- The people of interior Alaska deserve this within this time period or the stant, the golden heart of Alaska prob- to know why, and I certainly deserve close BRAC process stops. We should ably beats strongest in the areas of to know why. The answers to these not have to be going to these measures Fairbanks and North Pole. questions are more than just academic to get the information. So on the morning of May 13—Friday interest. On June 15, the Base Realign- The BRAC commission process was the 13th, oddly enough—the people of ment and Closure Commission will con- never intended to be a rubberstamp of

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6003 the Department of Defense rec- Lebanon now joins the list of fledg- SENATOR AND ERMA BYRD’s 68TH ommendations. The Congress intended ling democracies taking their first bold WEDDING ANNIVERSARY that it be an open process, a thoughtful steps into the future. All of this could Mr. FRIST. Mr. President, on an- process, but most importantly an intel- not have happened without tremendous other issue, an issue that was discussed lectually rigorous process. courage on the part of the Lebanese by several of my colleagues, most nota- While the economies of many of our people. The determination and vision bly Senator STEVENS, our distinguished communities are at stake, this is not of one man, President Bush, made it colleague from Alaska, the President the most important reason that we possible. His commitment to democ- pro tempore, I rise to honor now a very have a BRAC process. This process is racy and unwavering belief in the fun- special day in the life of one of our intended to assure the Congress and damental equality of all human beings most respected and venerable col- the people that our national security has wrought remarkable change indi- leagues. objectives are not compromised in the rectly, such as in Lebanon, and more On Sunday, the distinguished senior quest to save money. We know the directly around the world. Democracy Senator, ROBERT BYRD, celebrates his BRAC process is well underway. It is is taking root in even the most inhos- 68th wedding anniversary with his be- high time that the Defense Department pitable of lands. loved wife and high school sweetheart shed some sunlight on the reasons for By America’s words and our deeds, Erma Ora James. their recommendations. The good peo- we are emboldening those who seek The courtship is well known to our ple of interior Alaska should not be left freedom and peace. It is an unprece- colleagues. It is hard to do it full jus- in the position of defending the future dented moment in the history of the tice, but I will give it a try. The two of Eielson Air Force Base on June 15 Middle East. met in Raleigh County over 7 decades with both hands tied behind their back, I realized that yesterday as the ago, where Erma’s father had been and they should not have to be burning President of the Palestinian Authority, transferred from Virginia to work in the midnight oil in the hours leading Mahmoud Abbas, was in our office in the coal mines. Senator BYRD had a up to that hearing studying material this Nation’s Capitol. We discussed the friend who brought pocketfuls of gum that should have been provided weeks future and the hope and the oppor- and candy to school, and each day the earlier. They do not deserve it, we do tunity. As noted scholar and Middle young ROBERT BYRD would wait at the not deserve it, and our Nation’s secu- East expert Fouad Ajami says: schoolhouse door and ask his friend for rity certainly deserves better than The entrenched systems of control in the a few pieces of candy. He put them in this. Arab world are beginning to give way. his pocket and at the first opportunity I suggest the absence of a quorum. Indeed, it is the autumn of the dic- he would present the candies to Erma The PRESIDING OFFICER (Mr. tators. as a love offering. ALLEN). The clerk will call the roll. I mention Lebanon in part because it Senator BYRD has said he wasn’t real- The legislative clerk proceeded to has been on my mind the last 4 weeks. ly sure if his Erma knew that she was call the roll. his sweetheart, but she must have Mr. FRIST. Mr. President, I ask It was about 4 weeks ago that I and a delegation had the opportunity, the found out because the couple ulti- unanimous consent that the order for mately was married in 1937. The day the quorum call be rescinded. privilege, of traveling to Lebanon dur- after their wedding, Senator BYRD gave The PRESIDING OFFICER. Without ing our April recess. While in Beirut, I had the opportunity to walk through his new bride his wallet which con- objection, it is so ordered. tained several hundred dollars that, The majority leader is recognized. that square, Martyrs Square. I met with leaders of the Cedar Revolution. over the days and weeks and months, f They represented a diversity of parties he had saved. He told her that she DEMOCRACY IN LEBANON and religious sects—Christian, Druze, would be the head of their family fi- Mr. FRIST. Mr. President, this Sun- and Muslim. These leaders were well nances forever. To this day, Senator day the people of Lebanon will go to versed in the requirements for a suc- BYRD doesn’t carry a wallet. the polls to vote in their first truly cessfully functioning democracy. In He has said that Erma has been his free election in three decades. Since particular, they discussed the needs to anchor all these years. They are truly 1990, Lebanon has been occupied by restore transparency and account- blessed to have one another, their fam- Syrian forces, but this spring the peo- ability, the rule of law, to secure an ily, and a lifetime of shared memories. The Bible says: ple of Lebanon made history. On March independent judiciary and to build, to 8, hundreds of thousands of people de- construct, to reconstruct their econ- A man will leave his father and mother, omy so that the Lebanese people main- and be united to his wife, and they will be- scended upon Martyrs Square in Bei- come one flesh. rut, Lebanon’s capital, and inaugu- tain a stake in the future. Their com- For nearly 7 decades, Senator BYRD rated what has become known around mitment to freedom, to the rule of law, and his lovely wife Erma have lived up the world by people who viewed it as and democratic governance was truly to the ideal of marriage. I commend the Cedar Revolution. inspiring. them. I admire them. And I wish them For 2 weeks the word spread from There are many challenges ahead. We share the concern that Syrian intel- both a very happy 68th anniversary. city to city and to the countryside. It Mr. President, I yield the floor and was clear that freedom was on the ligence officials have not fully with- drawn from Lebanon. We also know suggest the absence of a quorum. march. On March 18, 10 days later, a The PRESIDING OFFICER. The that this election will not, in any crowd of 1.5 million people, nearly half clerk will call the roll. shape or form, be perfect. Few elec- of the Lebanese population, gathered in The legislative clerk proceeded to tions in times of transition are. But that very square, Martyrs Square, to call the roll. demand, to insist upon, the withdrawal seeing firsthand the determination of Mr. REID. Mr. President, I ask unan- of Syrian troops and its intelligence the Lebanese people was truly inspir- imous consent the order for the apparatus from Lebanon. ing. I came away optimistic that this quorum call be rescinded. These brave and proud citizens of all moment will lead to a new age of free- The PRESIDING OFFICER. Without ages, religions, and ethnicities stood dom and democracy for the Lebanese objection, it is so ordered. people. shoulder to shoulder waving their na- f tion’s flag in solidarity. Together, with In the words of Vaclav Havel, I urge the support of freedom-loving democ- the people of the region: STEM CELL RESEARCH racies everywhere, they brought an end to never forget these days full of solidarity, Mr. REID. Mr. President, I have had to Syrian occupation. In less than 2 hope and common quest for freedom and a number of conversations the last cou- months, 20,000 Syrian troops pulled out truth. ple of days with the distinguished ma- of the country. It was an astonishing To the Lebanese people: jority leader about this issue of stem wave of events broadcast on television It may be a long and difficult road, but cell research. Dr. FRIST—and I say Dr. sets and computer screens around the please have faith that the destination is well FRIST because it relates to this mat- globe. worth the journey. ter—indicated he was going to study

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6004 CONGRESSIONAL RECORD — SENATE May 26, 2005 this during the break. I think that is congratulations to my good friend and that began in Beckley, WV; the love of very important. colleague, Senator ROBERT BYRD, and their children, grandchildren, and We have the opportunity to work to- his wife Erma, who, on Sunday, will great-grandchildren; and the respect of gether on legislation—I don’t mean he celebrate 68 years of marriage. This is all of us in the Senate. I know of no and I, I mean Democrats and Repub- an anniversary few of us will ever see, other Senator who has celebrated over licans in the Senate. Earlier this week, and as far as I can tell—I have checked 50 years of service in Congress, and as the House voted to expand the Presi- with the Historian—no Senator has I said before, there is no other Senator dent’s stem cell research policy. Pas- ever had the opportunity to celebrate who could say he celebrated 68 years of sage of the Stem Cell Research En- 68 years of marriage. As a matter of marriage. It is an overwhelming ac- hancement Act was a victory for mil- fact, my oldest son Walter and his wife complishment and really a credit to lions of Americans who suffer from Debbie will celebrate 23 years of mar- both ROBERT and Erma. deadly diseases and for their families. riage on the same day, this Sunday. Earlier this month, in his annual It was also a victory for bipartisanship. Those of us in the Senate have relied Mother’s Day address, Senator BYRD This bill shares the same level of bipar- greatly upon Senator BYRD’s knowl- reflected on the early days of his mar- tisanship and support here in the Sen- edge and love of history. With just a riage to Erma. He said: ate that it did in the House. few short days remaining before their Nearly seven decades ago, we were the Senators HARKIN and SPECTER, who anniversary and because we will prob- rankest of amateurs at marriage and parent- are champions of medical research, ably not be in session tomorrow, I hood. have worked hard on this issue. Sen- think it is appropriate to return the This Sunday, our good friend and his ators FEINSTEIN, HATCH, KENNEDY, and favor and ask the Senate to reflect a wife will have proven they are now ex- SMITH have also been leaders on this moment on ROBERT and Erma’s history perts in both categories. My wife Cath- bill. together as husband and wife. erine and I wish them the best. I hope when we return from recess, ROBERT BYRD and Erma James grew Senator BYRD has often marked sig- the distinguished majority leader will up together on the schoolyard of Mark nificant events by submitting works of have had an opportunity to look at this Twain High School in West Virginia. poetry for the RECORD. I wish I had his and we can take some time to do this. They were high school sweethearts, al- capability for remembering poems and What I do not want on this bill is to though Senator BYRD has said himself works of great art. But today, I offer a have it offered to Defense authoriza- he is ‘‘not sure if [Erma] knew she was poem by the great Alaskan poet, Rob- tion or something such as that. I think my sweetheart.’’ They were. And they ert Service, and I offer it in honor of it would be better if we had free- were married on May 29, 1937. Senator and Mrs. Byrd’s 68 years to- standing legislation on this. It can be Over the years, their family has gether. Robert Service’s poem is enti- done in a relatively short period of grown, as Senator BYRD likes to say, tled ‘‘Home and Love,’’ and it goes like time. I certainly hope so. When we ‘‘into a brood of fine people.’’ Today, this: come back, we have a 4-week work pe- they are proud parents of two daugh- Just home and love! The words are small riod and we can work it in during that ters and have known the joy of six Four little letters unto each; period of time. grandchildren and six great-grand- And yet you will not find in all children. The wide and gracious range of speech I suggest the absence of a quorum. Two more so tenderly complete: The PRESIDING OFFICER. The For 68 years, Senator and Mrs. Byrd When angels talk in heaven above, clerk will call the roll. have shown us what it means to ‘‘love, I’m sure they have no words more sweet The assistant legislative clerk pro- comfort, honor, and keep for better or Than home and love. ceeded to call the roll. worse, richer or poorer, in sickness and Just home and love! It’s hard to guess Mr. FRIST. Mr. President, I ask in health.’’ Their story has been called Which of the two were best to gain; unanimous consent that the order for ‘‘one of the great American romances.’’ Home without love is bitterness: the quorum call be rescinded. Every year, in May, Senator BYRD Love without home is often pain. The PRESIDING OFFICER. Without comes to the floor to reflect on the No! Each alone will seldom do; objection, it is so ordered. meaning of Mother’s Day and honor Somehow they travel hand and glove: the Nation’s mothers. His great speech- If you win one you must have two, f Both home and love. es often mention Erma, the wonderful MORNING BUSINESS home she has made for him and their And if you’ve both, well then I’m sure Mr. FRIST. Mr. President, I ask You ought to sing the whole day long: children, and the joy he takes in his It doesn’t matter if you’re poor unanimous consent that there now be a family. With these to make divine your song. period of morning business, with Sen- Two years ago, when Erma was sick, And so I praisefully repeat, ators permitted to speak therein for up Senator BYRD stood up during an ap- When angels talk in heaven above, to 10 minutes each. propriations debate and told us he was There are no words more simply sweet The PRESIDING OFFICER. Without going home. And I quote what he said Than home and love. objection, it is so ordered. at that time: I ask the Senate to remember to con- f There are only two duties that will gratulate my good friend on 68 years of exceed my duties in the Senate, one is marriage. SENATOR AND MRS. BYRD’S 68TH my duty to God and the second is to Mr. REID. Mr. President, I rise toady WEDDING ANNIVERSARY my family. I think my duty is to my to congratulate a member of our Sen- Mr. STEVENS. Mr. President, it is wife. ate family who is nearing an amazing not often we get the time to just come Now, these moments are a great re- milestone in life—68 years of marriage. to the floor to talk about friendships minder to those of us who are married. On My 29, 1937, the Valedictorian of and about what it means to be friends We have married in this life, and we Mark Twain High School married his in the Senate. I wish to take some time must do our best to keep the promises sweetheat—a coal miner’s daughter—in today to talk about my friend, the we made long ago. West Virginia. That valedictorian was former majority leader, former chair- I have had the honor to be married Senator ROBERT BYRD. The coal min- man of the Appropriations Committee, twice myself. One of the reasons I am er’s daughter was Erma Ora James. On and longtime friend, Senator BYRD. here today is I remember the great Sunday, they will mark 68 years to- It just so happens that we have spent comfort Senator BYRD gave to me when gether. a lot of time together. I remember so I lost my first wife. He has assisted me It is an incredible achievement and a well one great trip to London when we and my family in many ways. I also re- testament to their love and commit- went there for the British-American member when he came to the floor and ment. Parliamentary Conference where we spoke of my first child in my second Look how far they’ve come. They had a great deal of time to talk about marriage and really extolled the con- have seen their lives move from the the past and our own personal lives. cept of marriage at that time. hills of West Virginia to the highest But I have come to the floor today to After 68 years, Erma and ROBERT still levels of government. Senator BYRD ask the Senate to join me in offering have the deep and abiding friendship has gone from gas station attendant to

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6005 meat cutter to welder to United States young faces trying to look stern in is to report the tragic news that an- Senator. crisp uniforms. Their sacrifices on bat- other life has been lost. Another 186 But—it’s important to note—Senator tlefields from the Argonne to Tripoli, families have gotten the same sad news BYRD has never hidden the secret of his Pearl Harbor to Iwo Jima, Porkchop coming from Operation Enduring Free- success. If you talk to him, he will give Hill to Hamburger Hill, Kabul to Bagh- dom in Afghanistan. My prayers go out credit to whom credit is due. dad have kept the Nation safe and car- to these families. There are no words He said it right here on the Senate ried the American ideals of liberty and that can console the grieving heart at floor in May of 2000 days before his 63rd democracy across the surface of the times like these. The widow’s flag, anniversary. He said: ‘‘I have to frank- globe. folded with care after a military cere- ly say that what little I have amount- This week, as the Senate struggled mony, offers little comfort. But these ed, if it is anything much, I owe for the and ultimately overcame an arcane but brave men and women, and the families most part to [Erma].’’ fundamental challenge to our constitu- they leave behind, are part of a long Well Erma, the people of West Vir- tional system of checks and balances, chain of sacrifice and grief that firm ginia and the United States owe you a we have, I believe, honored the memory the resolve of the Nation. Never should debt of gratitude for all you’ve done for of all of those soldiers, sailors, airmen we forget their service to the Nation your husband and for giving us his and Marines. They defended the Nation and the Constitution. Never should we time for so many years. and the Constitution from without; a squander their sacrifice on momentary I’ve said before, Senator BYRD is a bipartisan group of Senators this week partisan advantages that erode the in- mentor of mine. defended it from within, thank God. tegrity of the Constitution and, in I have had the good fortunate of serv- I rejoice that 14 Senators could rise turn, the continued health and vitality ing with him in the Senate since 1986. above partisan politics to understand of our form of government. In these 19 years, I’ve gotten to know and preserve the carefully crafted bal- On this Memorial Day, and on every Senator BYRD and Erma well. They are ance of powers inscribed in our Con- Memorial Day, I urge Americans to put a wonderful couple, delightful individ- stitution. Without the Constitution, out their flags and to honor the fallen. uals, and I am honored to call them the millions of lives and billions of dol- I further urge them, in the spirit of both friends. lars spent over the years on our Na- those first Memorial Days, to put aside Senator BYRD and Erma have no tion’s defense, the flower of our youth partisanship in favor of true patriot- doubt seen many changes over their 68 and our hard-earned treasure, would ism, and to love and preserve our Na- years of marriage—none bigger than have gone for naught. Our form of Gov- tion and our Constitution in a lasting the size of their family. They have two ernment, acknowledging the might of tribute to those who have given their daughters—Mona and Marjorie—and the majority but protecting the rights lives in its defense. over a dozen grandchildren and great of the minority, balancing populous As is my custom on these occasions, grandchildren. States against States with smaller pop- I would like to close with a poem. This Of course, no one can talk about Mr. ulations, preserving the voice and will piece is by Edgar Guest, and is called, and Mrs. ROBERT BYRD without recall- of the people as the ultimate check ‘‘Memorial Day.’’ ing how they came to be together. He against the rise of a tyrant king, that MEMORIAL DAY used sweets to get to her heart. is our greatest treasure. It is the pres- The finest tribute we can pay In school, a young ROBERT BYRD used ervation of our form of Government Unto our hero dead today, to take sweets from a fellow classmate that merits committing our young to Is not a rose wreath, white and red, but he wouldn’t eat them. He would the bloody horrors of battle. In memory of the blood they shed; store them up and give them to Erma It is perhaps appropriate, in this con- It is to stand beside each mound, when he met her in the hall. Years text, that the Senate’s battle is con- Each couch of consecrated ground, later he would say: ‘‘That’s the way cluded just before Memorial Day, And pledge ourselves as warriors true you court a girl—with another boy’s which originated after our Nation’s Unto the work they died to do. bubble gum.’’ most divisive and bloody war ever Into God’s valleys where they lie I have said many times that the fought on our home soil. The Civil War At rest, beneath the open sky, Members of this Chamber are a family. pit over 2.2 million Union soldiers Triumphant now o’er every foe, As living tributes let us go. And what an amazing example of fam- against just over 1 million Confederate No wreath of rose or immortelles ily we have in Senator BYRD and Erma. soldiers, resulting in almost 600,000 Or spoken word or tolling bells For 68 years of marriage, they have deaths, a third in battle and the rest Will do today, unless we give set a high standard for us all. It is a from war’s accompanying furies of dis- Our pledge that liberty shall live. tribute to their love for each other, and ease and privation. It is a tribute to Our hearts must be the roses red for the rich, productive life they have the heart’s powers of healing that soon We place above our hero dead; enjoyed. after the war, individuals and commu- Today beside their graves we must I congratulate them once again and nities could put aside their differences Renew allegiance to their trust; pray for many more years of happiness in the graveyard and simply mourn Must bare our heads and humbly say together. their losses together. We hold the Flag as dear as they, Over 42 million American patriots And stand, as once they stood, to die f To keep the Stars and Stripes on high. have risked their lives for our Nation MEMORIAL DAY since the Revolutionary War. Over 17 The finest tribute we can pay Mr. BYRD. Mr. President, this com- Unto our hero dead today million war veterans, of among over 25 Is not of speech or roses red, ing Monday, Americans across the Na- million veterans of military service, But living, throbbing hearts instead, tion will hang flags at their doors and live among us still. I salute them all, That shall renew the pledge they sealed place small flags and flowers on the and thank them and their families for With death upon the battlefield; gravesites of loved ones and soldiers in their bravery and their patriotism. That freedom’s flag shall bear no stain a tradition that stretches deep into Of the 42 million Americans who saw And free men wear no tyrant’s chain. history, perhaps back to the advent of battle during their military service, ‘‘No Tyrant’s Chain.’’ warfare. over 650,000 died in battle. That is I yield the floor. The selection of the last Monday in 650,000 families who received the ter- f May is unique to the United States, rible news that their loved one had but remembering and honoring those been killed. In World War II, the tragic CONGRATULATIONS TO BETTY fallen in battle is deeply ingrained in news often came by telegram, and SIEGEL the human heart. On this day, these Americans learned to dread the sight of Mr. ISAKSON. Mr. President, I rise sons and fathers, uncles and brothers those envelopes. to memorialize in the RECORD of the and, more recently, daughters and As of May 23, 2005, in connection with Senate the name of a great educator in mothers, aunts and nieces are family Operation Iraqi Freedom, 1,623 families the State of Georgia. Two weeks ago at members to us all. Lost to us too early, have answered the door to the solemn the commencement exercises of Ken- their images remain frozen in time, faces of two officers whose hard duty it nesaw State University in Kennesaw,

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6006 CONGRESSIONAL RECORD — SENATE May 26, 2005 GA, a lady by the name of Dr. Betty of family business, second to none, that calling, one above his own self interest, Siegel announced at the end of that today is the resource for families who and he enlisted in the Army at 26. In commencement her retirement as try to make those transitions from one the Army, he flourished into a man of president of Kennesaw State Univer- generation to the next, to make the discipline and initiative. sity after 25 years of service. transition from small business to me- He had the admiration and respect of One might think in listening to that, dium-sized business to large business, his fellow soldiers and superiors. well, that is a nice accomplishment, or to seek the guidance that is so ‘‘Sometimes I wish we had a whole pla- but is that so significant? I will talk unique for small family businesses. toon of him,’’ said SSG Jeremy for a minute about how significant this And Kennesaw State University is that Schultz, who served with Specialist woman’s life and her contributions institution. Anderson in Iraq. Don’t we all; don’t have been. But I want to tell you something we all. Twenty-five years ago there were not about Dr. Betty Siegel. Specialist Anderson of the Army’s many women presidents of any colleges Retirement is not quite the appro- 2nd Battalion, 7th Infantry Regiment, or universities in the United States of priate announcement because she has 1st Brigade, 3rd Infantry Division was America. In fact, Betty Siegel became never retired from her commitment in training with the Special Forces when the first president of a public univer- her life to young people and to their he was killed earlier this month. He sity in the history of the university education, and she will not now. Be- was awarded the Bronze Star post- system of Georgia. She took the leader- cause when asked, after her announce- humously. He came from humble be- ship of a small, urban campus, nonresi- ment—within minutes—well, what are ginnings and aspired to quiet greatness dential, known as Kennesaw State Col- you going to do? She said: I am going with an even greater heart. lege, with students numbering 4,000, to teach. I am going to work with President John F. Kennedy once said, handing out a handful of degrees, most young people. I am going to try to ‘‘Every area of trouble gives out a ray all to computer learners. make their lives better. of hope, and the one unchangeable cer- As Dr. Siegel announced her retire- After making that announcement, tainty is that nothing is certain or un- ment 2 weeks ago, she leaves a univer- she spent the next week overnight in a changeable.’’ SPC Travis Anderson ex- sity with 18,000 students, third only to dorm with students, asking how she emplified this in his mission of service the University of Georgia and Georgia could advise the next president to to his nation. He will be missed by all State University in population in our make the services of Kennesaw State those around him and he and his family State, granting multiple degrees and a University even better for the students will remain in our prayers. And to his forerunner in our State in nursing, in who will enter in the fall of 2005 and go family and friends, I say, on behalf of a education, in family business, in lead- on to 2006. grateful nation: thank you for sharing It gives me a great deal of pleasure ership, and in ethics. Travis with us. and it is a privilege to recognize on the Betty Siegel graduated from Wake Senate floor the contributions of Dr. f Forest with an undergraduate degree Betty Siegel to the children of Georgia, and went to the University of North MEMORIAL DAY 2005 her contributions to higher education, Carolina for her master’s and doctorate Mr. AKAKA. Mr. President, I rise to the ceiling she broke for women in aca- from Florida State. She taught, she be- recognize the significance of Memorial demics in our State, and, most impor- came a dean, throughout the south- Day and to remember the Americans it tantly, all of her continuing capacity eastern United States. But when she commemorates. In just a few days, we to helping and teaching our young peo- was tapped, it was not only the right will come together as a Nation to pay ple. person for the time, it was the best de- tribute to the courageous men and cision possible. She broke the glass f women who fought and died for our ceiling for women presidents at univer- HONORING OUR ARMED FORCES country. Too often we take for granted sities and colleges in Georgia because SPECIALIST TRAVIS ANDERSON the freedoms we, as Americans, enjoy, now we have many. She was the fore- Mr. SALAZAR. Mr. President, I rise too often we forget those who gave runner. today to take a moment to remember their lives to secure this liberty. She built an urban university that one of our fallen heroes, a young man America has honored its fallen sol- was nonresidential and commuter into from my home State and my native diers with a Memorial Day, sometimes a combination commuter and residen- San Luis Valley, SPC Travis Anderson. called Decoration Day, since the Civil tial university of renown and respect Specialist Anderson was killed in War. Though we are grateful to these all over the United States. Iraq on May 13, 2005. He was 28 years heroes each and every day, it was rec- While she did it, she did just a few old and a native of Hooper, CO, a small ognized that we should set aside 1 day other things. She got appointed to five town of 123 not much different from in particular, the last Monday in May, corporate boards because of her con- where I grew up in the San Luis Valley. to be especially mindful of the brave tribution, her intellect, her knowledge, A terrorist car bomb struck his soldiers, sailors, airmen, and marines and her breadth and depth. She became HumVee, killing him and wounding who paid the ultimate price for their president of a Chamber of Commerce. several fellow soldiers in the vehicle fellow citizens. How many times have you heard of a with him. All of us were fortunate to During a time when we continue to college president or university presi- be blessed by his life and we are all sad- lose more of our friends, family and dent going on to be the president of a dened by his loss. He exemplified cour- neighbors in combat overseas, I am es- local community Chamber of Com- age, discipline and patriotism, some of pecially mindful of the sacrifices made merce? This happens to be the second the finest qualities that we prize in by our men and women in the military. largest Chamber of Commerce in the Colorado and across this Nation. I served in World War II, and I have State of Georgia. But that is how re- Specialist Anderson—‘‘Loopie’’ to his seen firsthand the bravery and selfless- markable Betty Siegel is. family and friends and ‘‘Cowboy’’ to his ness that is a common thread in our I also mentioned in my remarks ear- fellow soldiers in Bravo Company, 3rd military personnel. Though I was lucky lier that Kennesaw was the leader in Infantry Division—was the kind of man enough to return home, not a day leadership and ethics. They are because that makes all of Colorado proud. passes when I do not think of my com- Betty Siegel found a way, through cor- His family and friends remember that rades who were not as fortunate, and I porate and private donations, to endow Travis was a rambunctious youngster. am eternally grateful to them. a chair and build a school committed He went on to work as a farmer and On this earnest occasion, I would like to leadership in ethics, in business, and ranch hand in Montana and Nevada. He to draw attention to what we can do in public life. worked hard to earn his high school di- for those veteran soldiers still with us Through her commitment to under- ploma and even defeated the so that we do not disrespect the sac- stand the strength of small business hantavirus, which at one point reduced rifices made by those we have lost. We and the fact that it is the heart of him to a mere 100 pounds. must provide full funding for veterans’ American employment, she founded, in But after those horrible hours on 9/11, health care. Every year the President our State, at her university, a division Specialist Anderson heard a higher sends forward his budget proposal to

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6007 Congress, and every year we go While we can never repay our Na- ‘‘We are going to do what they do but through the same struggle to get VA tion’s debt to families who have made just do it better,’’ he said. ‘‘ We out-gee health care the money it needs to ade- the ultimate sacrifice, we must always the G.’’ quately serve its veteran patients. We remember the legacy of their fallen ‘‘Out-geeing the G’’ was the heart must change the way funds are allo- sons and daughters: a safer and freer and soul of Colonel Hackworth’s brand cated so that all of our veterans are world. On this Memorial Day, I believe of soldiering. guaranteed the care they so clearly de- it appropriate to take a small step in Sadly, Colonel Hackworth was not serve. that direction by recognizing in the able to ‘‘out-Gee’’ the enemy this time. I want the 115,000 veterans who record those exceptional individuals choose to make Hawaii their home to from Massachusetts who this year gave Colonel Hackworth began his mili- be assured that they will receive the their lives, and earned the eternal grat- tary career just up the coast from Ti- services they have earned. The nearly itude of the American people: juana—in Santa Monica, CA. 18,000 veterans who avail themselves of Arredondo, Alexander S., Lance Cor- At the age of 10, after Japan’s attack VA health care on Oahu, the Big Is- poral, USMC, 25-Aug-2004—Randolph, on Pearl Harbor, he worked as a shoe- land, Kauai, and Maui should not have MA; Connolly, David, S., Major, USA, shine boy at a military post there to worry if resources for doctors and 6-Apr-2005—Boston, MA; Cunningham, where a group of soldiers adopted him nurses will materialize next year. The Darren J., Staff Sergeant, USA, 30-Sep- as a mascot. They had a special uni- reservists and guardsmen who are de- 2004—Groton, MA; Depew, Cory R., Pri- form made for him to wear. Both his ployed for the current wars in Iraq and vate, USA, 04-Jan-2005—Haverhill, MA; parents died before his first birthday. Afghanistan also must receive the care Desiato, Travis R., Lance Corporal, At this point in his life, Colonel they need upon their return. And the USMC, 15-Nov-2004—Bedford, MA; Hackworth said: ‘‘I knew my destiny. fact that a whole population of vet- Farrar Jr., Andrew K., Sergeant, Nothing would be better than to be a erans is denied care because VA does USMC, 28-Jan-2005—Weymouth, MA; soldier.’’ not have adequate funding is shameful. Fontecchio, Elia P., Gunnery Sergeant, You can’t utter the name David Memorial Day is a day of both sorrow USMC, 04-Aug-2004—Milford, MA; Hackworth without also saying the and joy. We mourn those we have lost Fuller, Travis J., 1st Lieutenant, word soldier in the same breath. He in battle, and we celebrate the free- USMC, 26-Jan-2005—Granville, MA; was a ‘‘soldier’s’’ soldier. doms we currently enjoy thanks to Gavriel, Dimitrios, Lance Corporal, He was a soldier from the day he put those brave individuals. As we gather USMC, 18-Nov-2004—Haverhill, MA; on that special uniform in Santa together over the long weekend to cele- Johnson, Markus J., Private, USA, 1st Monica to the moment he died. He may brate this important holiday, let us Class, 01-Jun-2004—Springfield, MA; have taken off his uniform after pub- make sure to take a moment to re- Lusk, Joe F. II, Captain, USA, 21-Jan- licly denouncing the Vietnam war on member and thank those who lost their 2005—Framingham, MA; Moore, James national TV in 1971, but he continued lives in order to secure our futures. M., Colonel, USA, 29-November-2004— to soldier until the very end of his life. Then, for the rest of our tenure in Con- Peabody, MA; Oliveira, Brian, Cor- gress, let us not waiver from the com- poral, USMC, 25-Oct-2004—Raynham, I know that Colonel Hackworth was a mitments made to these brave men and MA; Ouellette, Brian J., Petty Officer, highly respected combat veteran. I women in terms of programs, services 1st Class, USN, 29-May-2004—Needham, know he distinguished himself as a and benefits. MA; Palacios, Gabriel T., Specialist, leader of troops in the field in Korea and Vietnam. I know he was awarded a f USA, 21-Jan-2004—Lynn, MA; large number of combat decorations for MEMORIAL DAY Schamberg, Kurt D., Sergeant, USA, 20-May-2005—Melrose, MA; Sullivan, valor. Mr. KERRY. Mr. President, Memorial Christopher J., Captain, USA, 18-Jan- Colonel Hackworth was a true Amer- Day is a day of mixed emotions: sorrow 2005—Princeton, MA; Vangyzen IV, ican hero. for the families whose sons and daugh- John J., Lance Corporal, USMC, 05-Jul- But I do not want to leave my col- ters have given their lives for our coun- 2004—Bristol, MA; and Zabierek, An- leagues with a false impression. try, coupled with universal pride in the drew J., Lance Corporal, USMC, 21- I did not know Colonel Hackworth great Americans who for generations May-2004—Chelmsford, MA. and particularly today teach us the full when he was fighting wars and winning f meaning of service and sacrifice. The medals for valor. I have only read courage and bravery of our young men THE PASSING OF A GREAT AMER- about that part of his life. I did not and women fighting overseas continues ICAN SOLDIER—ARMY COLONEL meet him until much later—after he to inspire all of us, and indeed inspire DAVID H. HACKWORTH had started a new career. the free world and those yearning for Mr. GRASSLEY. Mr. President, I was I came to know Colonel Hackworth freedom. very sad to learn that Colonel after he became a reporter and began America’s fallen soldiers shouldered Hackworth had died on May 4, 2005, in covering the Pentagon. a responsibility greater than any of us Tijuana, Mexico. He was still a soldier all right—but a will ever know. Their families, their Tijuana is the place where Colonel different kind of soldier. units, and their nation depended on Hackworth chose to make his last Colonel Hackworth had become what them, and they answered the call of stand. He went there to fight one last I would call a brave-hearted soldier for duty with selflessness and devotion. battle. He had a particularly deadly the truth. form of cancer that spread. He went to Our soldiers did not shirk from this re- When I met him, he had taken off his sponsibility, and all the uncertainty, Mexico, hoping for a miracle with an experimental drug treatment program. uniform. He was fighting a different danger and honor that came with it. kind of war. He was a soldier in civilian Their families remember them as spe- Just before leaving his home in Con- necticut for the last time in January clothes. But he still had a mission. He cial sons and daughters, brothers and wanted to bring truth, justice, and ac- sisters, husbands and wives, and cher- 2005, he sent me one final message: Give Senator Grassley my best. Have run countability to military head- ished friends. Their Nation remembers quarters—the Pentagon. He wanted to them as special citizens. Grown men out of conventional options re my cancer. Got until March to find a solution. Off to shed some light on what he perceived will touch their names etched on gran- Mexico to see if we can’t out Gee this mon- as gross incompetence and corruption ite walls and will today weep for fallen ster. I am not sweating my final orders from on the part of some senior officers. comrades who gave their lives so that Headquarters. It has been a fun ride. Plan on He was a contributing editor and re- others can live. being planted in Arlington. porter for Newsweek Magazine and syn- In this time of war, and in memory of ‘‘Out-Geeing the G’’ was one of Colo- dicated columnist. our fallen heroes, we must be mindful nel Hackworth’s favorite expressions. to do everything in our power to keep He invented the term while leading Colonel Hackworth and I shared a our troops safe as they keep us safe. We troops in combat during the Vietnam small piece of common ground— must do better to take care of their war. He told his troops that they could watchdogging the Pentagon. families, who sacrifice in ways too beat the Viet Cong by using the guer- From the moment when I was first many to count. rillas’ own mobile, hit-and-run tactics. elected to the Senate, I have worked

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6008 CONGRESSIONAL RECORD — SENATE May 26, 2005 very hard to ferret out fraud, waste, General Ashy flew himself, his aide and COLONELONEL DAVID H. and abuse at the Pentagon and stop it. family cat from Italy to Colorado aboard a HACKWORTH I do it because I don’t want to see a 200-seat Air Force plane; he flew his wife round-trip on an Air Force VIP aircraft from Mr. LIEBERMAN. Mr. President, I single tax dollar wasted. rise to pay tribute to a true American Colonel Hackworth attacked the very Colorado to Washington; and he made pala- tial renovations at his headquarters. hero, COL. David H. Hackworth, who same problem but from a different spent his last years in Connecticut. angle. The IG concluded that General Ashy’s ‘‘wasteful escapades’’ cost the Colonel Hackworth was one the most As in everything he did, he always legendary and highly decorated sol- taxpayers $424,602.00. looked at a problem from a common diers of the U.S. Army. As Memorial Colonel Hackworth found out about soldier’s perspective. Day approaches, there is no better time As I said, his main concern was in- General Ashy’s ‘‘escapades’’ from one to remember the sacrifices, courage competence and corruption among of his beloved soldiers who was denied and tactical genius of this legendary some senior officers in the Pentagon. a seat—and free ride home—on Ashy’s soldier who spent more than half a cen- He called them ‘‘perfumed princes.’’ airplane. tury fighting on the world’s most dan- These were some of the same officers Colonel Hackworth’s comments were gerous battlefields. As World War II he saw come and go in Vietnam. They as follows: was coming to a close, a 14-year-old came to Vietnam to get their ‘‘tickets The taxpayers got ripped-off for almost a David Hackworth lied about his age to punched.’’ They got their ‘‘tickets half a million bucks by a member of our join the Merchant Marine and a year punched’’ by commanding a battalion military elite and virtually nothing is being later joined the U.S. Army—spending or brigade for a shortened tour of duty done about it. . . . The Air Force the next 26 years fighting our nation’s spinmeisters lied through their teeth about before rotating home to the Pentagon battles. A true leader, ‘‘Hack’’ as he for promotion. what General Ashy did. . . . Besides being a blatant waste of money, this incident is was known, received a battlefield com- To the hardcore soldier like Colonel mission in Korea to become the Army’s Hackworth, ‘‘ticket punching’’ in Viet- about deception and the art of diffusing re- sponsibility. . . . Ashy was fined a mere youngest captain and was promoted in nam translated into unnecessary cas- $5,020.00 and continues to have four stars and Vietnam to the Army’s youngest full ualties on the battlefield. The wasting his finger on the nuclear button. colonel. Three times he was nominated of one soldier’s life produced real fury General Ashy wrote out a check for for the Medal of Honor. His decorations inside this man. He could not—and the fine and sent it to Air Force Head- are numerous and include the Army would not—tolerate it. quarters on June 26, 1995. However, in- Medal of Valor, the Distinguished Serv- One illustrative incident, which oc- ice Cross, ten Silver Stars, eight curred in Vietman, is described in his stead of depositing his check at the bank, the check was stashed in a safe Bronze Stars and the United Nations book ‘‘About Face.’’ Peace Medal. But the awards of which During a very intense combat oper- in Air Force Secretary Sheila Widnall’s he was proudest are his eight purple ation, a ‘‘perfumed prince’’ riding in a office—for what I suspect was perma- hearts and the Combat Infantryman’s helicopter overhead issued an order to nent safekeeping. At my request, the Badge. Mr. President, As you know, a unit under Colonel Hackworth’s com- IG began making new inquiries and the there is only one way to get this badge: mand—without Colonel Hackworth’s check finally went to the bank on Sep- serve 90 days in a front-line infantry knowledge or approval. That order re- tember 15, 1995. unit under fire and survive. sulted in a significant loss of life in one This great American soldier told us— in ‘‘plain old English’’—what he ex- In just one example of his bravery, of Colonel Hackworth’s units. Colonel Hackworth got out on the strut Colonel Hackworth believed that pected from the top brass at the Pen- of a helicopter to drag to safety his those casualties were avoidable and un- tagon. He expected them to lead by ex- men who were pinned down and facing necessary. ample. If they failed his leadership and certain death. It is no wonder, Colonel When he returned to home base, he integrity test at headquarters, he be- Hackworth has so many supporters. sought out that officer, put a 45 caliber lieved they would fail on the battle- But these statistics do not capture weapon to his head, and threatened to field. the Colonel Hackworth, the icono- kill him if he ever did anything like His pronouncements were blunt, for clastic straight talker, who lead from that again. sure. They were almost always harsh the front and spoke from his heart. One That is Colonel Hackworth’s own ac- and sometimes coarse. But they always of the most telling stories about Colo- count of what happened on that day so conveyed an important lesson tem- nel Hackworth’s leadership was his long ago. pered by battlefield experiences. So I transformation of the 4/39 Infantry Colonel Hackworth loved his troops listened and learned. His opinions on above all else and would go to any Battalion from a demoralized outfit the Pentagon brass had credibility in into an effective counter-insurgency length to protect them from harm and my book. He had put them to the ulti- abuse. fighting force that routed enemy units mate test on so many distant battle- in the jungles of Vietnam. Colonel His lifelong commitment to the com- fields. That was good enough for me. mon soldier was the driving force be- Hackworth’s training methods and tac- The lessons taught by this great tics were so successful, he wrote them hind the stories he produced as a re- American soldier are lessons that will porter with Newsweek and other publi- down in a book ‘‘The Vietnam Primer’’ stand the test of time. Setting the ex- that is still read by commanders today. cations. ample has been the most powerful ele- In Colonel Hackworth’s mind, the GEN. Hal Moore, the coauthor of ‘‘We ment of leadership since the beginning Were Soldiers Once and Young,’’ called terrible loss of life in Vietnam had its of time. Colonel Hackworth kept going origins in a disease that he set out to him ‘‘the Patton of Vietnam,’’ while back to those enduring principles. As a General Creighton Abrams, the last cure—the gross incompetence and cor- Nation, we must do the same. We must ruption—that he perceived at the high- American commander in that disas- rely on those ideas. They are too im- trous war, described him as ‘‘the best est echelons in the Pentagon. portant to be forgotten. They must be Colonel Hackworth was determined battalion commander I ever saw in the followed. to wipe it out and right a wrong. United States Army.’’ Over the years, we collaborated on a Colonel Hackworth was a constant Gruff and full of purple prose, Colonel number of investigations. The one I re- and forceful reminder of just how im- Hackworth ran afoul of the Army’s top member best is the one involving Air portant those principles really are. leadership and retired following a con- Force General Joseph Ashy in 1994–95. The memory of Colonel Hackworth frontation in which he said in 1971 that Colonel Hackworth conducted his and all that he stood for lives on in our the Vietnam War was hopeless. Often own investigation. He gathered the hearts and minds. called the champion of the common facts and the documents. I, in turn, re- Colonel Hackworth has left us. His soldier, ‘‘Hack’’ spoke truth to power. ferred Colonel Hackworth’s allegations remains will be laid to rest in Arling- After leaving the service, Colonel to the inspector general, IG, for review. ton National Cemetery on May 31. But Hackworth launched himself into new This is what Colonel Hackworth re- he will not be forgotten. He will never careers as a journalist, businessman, ported in the press: fade away. restaurateur and best-selling author as

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6009 he cast his sharp and experienced eye work in our Nation’s capital as well as parents would have the ability to block on the military-industrial complex. He tourists and other visitors would face a out violent shows. When I offered the always cast a glaring spotlight on con- greater threat of gun violence. amendment, the so-called experts told cerns when the ‘‘grunts’’ were not get- In a statement last week, DC Mayor us not to push forward—that the ting the equipment they needed to do Anthony Williams said, ‘‘I am incensed amendment couldn’t pass. But Bob ad- their jobs. by any congressional proposal that vised me to move forward. And when I extend my deepest condolences to uses District residents as pawns. I am the roll was called, the amendment Colonel Hackworth’s wife, Eilhys Eng- incensed by any proposal that assaults passed by a strong 73 to 26 margin, and land, and his many children, step-chil- Home Rule. And I am incensed by any was then enacted into law. dren, grandchildren and step-grand- proposal that is an insult to the mem- Bob’s attention to North Dakota’s children. But of all the tributes I know ory of the people who have died in this veterans has paid off in greatly im- will come Colonel Hackworth’s way, I city due to gun violence—in particular proved facilities around the State. think the tribute he would appreciate the three children who have died from When Bob learned that the VA was most will be from the average soldier gun violence this year.’’ considering closing VA facilities that whose loyalty he earned in combat and Instead of interfering in local affairs were not up to current standards, he whose welfare became his life’s cause in Washington, DC, the Senate should alerted me and helped me lead the in his retirement, for he knew they are focus its energies on legislation on im- fight for a $12 million renovation at the the men and women who are out on proving the safety of the families and Fargo VA Medical Center. These ren- point securing our Nation’s freedom. communities across the Nation. The ovations, which will be finished later this year, have dramatically improved f Senate has yet to consider several com- mon sense gun safety measures during the facility for our veterans. Bob has LOCAL LAW ENFORCEMENT this Congress. Among these are pro- also been very concerned about the ENHANCEMENT ACT OF 2005 posals that would reauthorize the 1994 long travel times facing the many Mr. SMITH. Mr. President, I rise assault weapons ban, prohibit the sale North Dakota veterans who live in today to speak about the need for hate of the Five-Seven armor-piercing hand- rural areas. From his first day in the crimes legislation. Each Congress, Sen- gun, and help investigators working to office, he pushed hard to expand serv- ator KENNEDY and I introduce hate prevent attacks by terrorists using ices for rural veterans through the crimes legislation that would add new high powered weapons. I urge the Sen- Community Based Outpatient Clinics, categories to current hate crimes law, ate to take up and pass these bills to CBOCs. To date, as a result of Bob’s sending a signal that violence of any make our Nation safer. hard work, we have secured three kind is unacceptable in our society. f CBOCs at Minot, Grafton and Bis- Likewise, each Congress I have come to marck. And the VA’s CARES, Capital the floor to highlight a separate hate CONGRATULATIONS TO ROBERT Assets Realignment for Enhanced Serv- crime that has occurred in our coun- FOUST ices, Commission has approved five try. Mr. CONRAD. Mr. President, today I new clinics at Williston, Jamestown, A 35-year-old gay man was walking want to pay tribute to an exceptional Devils Lake, Grand Forks AFB, and to his Boston home when three young member of my staff who is retiring at Dickinson. Finally, Bob has had great men approached him, knocked him to the end of this month after 33 years of compassion for the most vulnerable the ground, and repeatedly kicked him service to the Senate. among our veterans—homeless vet- in the face. Although he was yelling for Bob has worked in the Senate for a erans—and has constantly looked for help and near several homes, no one period of 40 years, starting as an intern ways to help them. Most recently, he came to his aid. The perpetrators fled in the 1960s, and then working full time worked with Centre, Inc. in Fargo to and left the victim with multiple con- for Senator Claiborne Pell for 19 years shepherd through a $1.6 million grant tusions and internal bleeding in his from 1970 to 1989. After taking 2 years to renovate a facility that will house a face. Neither possessions nor money to travel the world, it was my great 48-bed shelter for homeless veterans. was stolen. good fortune that Bob volunteered to On education, he was constantly I believe that the Government’s first join my staff in the spring of 1991. looking for ways to help North Dako- duty is to defend its citizens, to defend At the time, Bob told me he was ta’s teachers, whether it was bringing them against the harms that come out looking to complete 20 years of Senate information technology to classrooms of hate. The Local Law Enforcement service. I do not think either he or I or advocating for appropriate imple- Enhancement Act is a symbol that can thought that he would be with me for mentation of the No Child Left Behind become substance. I believe that by 14 years. But I could not be more Act. Bob conceived of the Rural Edu- passing this legislation and changing pleased that Bob decided to stay. cation Achievement Program and built current law, we can change hearts and During his tenure in my office, he a coalition that helped me enact this minds as well. has worked on education, veterans, and important legislation during the 106th f international affairs issues. His work Congress. Almost 80 percent of North on all these issues has been out- Dakota school districts have 600 stu- REPEALING D.C.’S LOCAL GUN standing. On veterans and education dents or less. Under the REAP pro- SAFETY LAWS issues, in particular, he has developed a gram, small, rural school districts are Mr. LEVIN. Mr. President, legisla- long list of legislative victories both entitled to consolidate funding from tion has been introduced that would re- small and large. Federal education programs to make peal nearly every gun safety law in the Bob has a gift for seeing legislative more efficient use of the funds. In the District of Colombia. Sadly, the bill opportunities. One example I will never first 3 years of the REAP program, was introduced during the celebration forget involves the V-chip. For years, I more than 270 North Dakota schools of National Police Week and just days had heard from parents, educators, benefitted from approximately $2.7 mil- after 153 law enforcement officers who health care professionals and religious lion in funding. died in the line of duty in 2004 were leaders about their concerns regarding Bob’s commitment to education also honored at the National Law Enforce- the influence of television violence on carried over to the intern program. As ment Officers Memorial. young people. In response, Bob helped he had in Senator Pell’s office, Bob vol- The misnamed ‘‘District of Colombia me form a steering committee of inter- unteered to coordinate my Washington Personal Protection Act’’ would repeal ested individuals and organizations to intern program. Bob devoted signifi- local laws in Washington, DC that ban talk about possible approaches to help cant time and effort to ensuring that the sale and possession of unregistered shield children from gratuitous vio- interns in my office had a terrific firearms, require firearm registration, lence on television. And we developed learning experience. In fact, Bob’s ex- impose commonsense safe storage re- V-chip legislation. During the debate ample has inspired dozens of former in- quirements, and ban semiautomatic on the 1996 telecommunications bill, I terns to seek careers in public service. weapons in the District. Should this offered my amendment to require that Interns from 10, 20 and even 30 years bill become law, those who live and the V-chip be included in TVs so that ago stop by frequently just to say hello

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6010 CONGRESSIONAL RECORD — SENATE May 26, 2005 and let Bob know what they are doing also very glad that you have encouraged the generally are not discharged) out of fear of now. U.S. Trustee Program to produce additional losing medical care. But Bob’s importance to me and my data related to this issue. Like earlier stud- Lost income of a sick person (or a care- giver), which may be a major factor in med- office cannot be captured by simply ies that also used petition and schedule data to explore the role of medical debt in bank- ical-related bankruptcy. cataloguing his many accomplish- ruptcy, these data provide further evidence Debts for Chapter 13 filers, who were omit- ments. During his time working in the of the large number of families that are fac- ted from the U.S. Trustee report, but who Senate, Bob Foust has been the con- ing financial collapse following a serious also have reported a high rate of medical-re- summate professional. He stayed in medical problem. Because of limitations in lated bankruptcy. constant touch with North Dakota the data used, however, these findings also The petition data also omit data about significantly underreport both the breadth some of the most pressing questions in leaders on the issues he covered. Time health care policy debates. Petition data do after time, he would learn of a problem and impact of medical bankruptcies. The U.S. Trustee sample is limited only to not capture systematic information on in- and immediately go to work finding a Chapter 7 cases. In part because of time lost surance status, which is relevant to under- solution. If Federal services were not from work due to illness, accidents and lay- standing the range of families at risk of being delivered effectively, Bob would offs, on average, these families have an an- health-related financial disaster including work with the agency to make sure nual median income of about $19,000. This but not limited to bankruptcy. Similarly, pe- North Dakotans got the services they means that the average medical debt identi- tition data have no information on the diag- noses of the ill or injured people and the deserved. If a Federal program did not fied by the U.S. Trustee (average $5000 for those with medical debt) is quite substantial types of care and drugs they need, all of work for North Dakota, Bob would which are relevant to recognizing the mag- draft legislation to fix the problem, for many families trying to cope with med- ical problems. Earlier reports from the U.S. nitude of the problem. Because the petition data provide so little and work tirelessly until the Conrad Trustee’s Chapter 7 data and independent information about medical bankruptcy, ex- amendment was signed into law. studies are consistent with the finding that perienced empirical researchers in this field Finally, and most importantly, Bob debts owed directly to medical providers ap- Foust is an outstanding person. He has have come to realize surveying the debtors pear in a significant portion of the sampled themselves is crucial to getting accurate worked quietly and tirelessly behind cases and that the amounts can be quite sub- data. The 2001 Consumer Bankruptcy Project the scenes to make things happen, and stantial. study is the most extensive study to date on As helpful as these data may be, however, was always happy to divert all the this issue. It used written questionnaires, credit to others. He has been tremen- we are reminded that they document only a court filing data, and detailed follow-up tele- small portion of the financial difficulties fac- dously loyal, tremendously dedicated, phone interviews, a combination that offers ing families in the aftermath of serious med- a much richer understanding of how medical and a passionate advocate for the peo- ical problems. As early as 1991, researchers ple of my State. He has never forgotten problems affect family finances. The survey recognized that they could not rely on peti- instruments were designed to capture more that he is working for the American tion and schedule listings to determine the accurately the direct costs of care by asking taxpayer. And he has been a good amount of medical debt families incurred. questions about medical debts within the friend and a mentor to others on staff. Petition data, like the kind used by the Of- prior two years of filing, or since illness With extraordinary gratitude for his fice of the U.S. Trustee, exclude: onset, rather than being focused exclusively years of service, I wish Bob well as he Prescription medications, which are on what bills are identifiable as of the date charged on credit cards of the bankruptcy petition. moves on to the next stage in his life Doctors visits, rehabilitation treatments, and career. When Mr. Moschella listed all the factors and other services charged on credit cards considered in the study recently reported in f Medical supplies, crutches; needles, and Health Affairs, describing it as using ‘‘very the like that are charged on credit cards broad definitions’’ to describe medical bank- BANKRUPTCY LEGISLATION Hospital bills that are charged on credit ruptcies, he did not make it clear that we re- cards ported the range of results that reflected in- Mr. KENNEDY. Mr. President, during Second mortgages that people have put on the floor debate on the recently passed clusion or exclusion of various factors. He their homes to pay off hospital bills and thus gave the impression we lumped them all bankruptcy bill, an important letter other medical expenses together as ‘‘medical bankruptcies.’’ In fact, from a number of medical and law pro- Cash advances, bank overdrafts and payday to accommodate the variety in the ways a fessors regarding the high number of loans that people have incurred to pay for ‘‘medical bankruptcy’’ might be defined, the debtors who are forced into bankruptcy medical services when they are delivered or recent Health Affairs paper reports a range to pay off medical bills that are outstanding from 46.2% to 54.5%—for the estimated per- due to the cost of health care was dis- Third party specialty lenders that some cussed on numerous occasions. The let- centage of bankruptcy filers affected by hospitals now steer their patients toward medical problems based on the 2001 study. ter was addressed to Senator GRASSLEY when those patients are unable to pay The calculations of those numbers are ex- In addition, in our extensive work with and points out a number of the profes- plained in detail, and information is avail- court records we have observed that even sors’ concerns with the findings of the able to make other combinations. As the very sophisticated debtors do not always list U.S. Trustee Program related to med- data from additional rounds of follow-up the original creditor on an account. Studies ical debt. telephone interviews are analyzed, we will be are finding high rates of debt collector usage Since it is such a valuable document, able to offer an even more in-depth picture of among medical providers, and some collec- these families’ financial circumstances and it is important that this letter be tors may have received assignment of the the role of illness or injury. printed in the RECORD so that all peo- debt. The petition data, however, necessarily ple have access to it. Mr. President, I Again, we extend our thanks to you for en- conceal: couraging the development of additional ask unanimous consent that the letter Medical debts assigned to collectors that data relevant to medical-related bankruptcy. be printed in the RECORD. may be listed under the collectors’ or the We are prepared to assist your office in any There being no objection, the mate- collecting attorneys’ names, which may bear way to evaluate these data or to consider rial was ordered to be printed in the no medical reference whatsoever. policy changes to help families that cur- Medical debts for which the debtor has rently are devastated financially by serious Record, as follows: been sued and an attorney is now attempting acute or chronic medical problems in their FEBRUARY 14, 2005. to collect, for which the debtor lists the households. Hon. CHARLES E. GRASSLEY, name of the attorney U.S. Senate, Yours truly, The petition data also exclude other ex- Dr. David Himmelstein, Associate Pro- Washington, DC. penses that bear down on the families, in- fessor of Medicine, Harvard Medical School. DEAR SENATOR GRASSLEY: Thank you for cluding: Dr. Teresa Sullivan, Professor of Soci- distributing a copy of the letter from the Of- Medical expenses that families struggled ology, The University of Texas at Austin, fice of Legislative Affairs with the summary to pay off, bankrupting themselves in the and Executive Vice Chancellor for Academic sheet on the medical debt findings from the process by getting behind in mortgage, car Affairs, The University of Texas System. U.S. Trustee Program. Because each of us payments, and other necessary expenses. Professor Elizabeth Warren, Leo Gottlieb has devoted some years of scholarly research Direct but non-medical expenses of illness Professor of Law, Harvard Law School. to the questions about families in financial or injury, suh as the labor and material costs Dr. Steffie Woolhandler, Associate Pro- trouble because of medical debts, we have of building a ramp onto a home to make it fessor of Medicine, Harvard Medical School. been asked to review this letter. We know wheelchair accessible, or the travel costs as- Professor Melissa Jacoby, Associate Pro- that you are deeply concerned about the sociated with transporting a critically ill fessor of Law, School of Law, University of families who file for bankruptcy in the after- child to a specialty facility. North Carolina at Chapel Hill. math of a serious medical problem, and we Debts owed to providers that patients and Dr. Deborah Thorne, Assistant Professor of are glad to help in any way we can. We are their families omit from schedules (and thus Sociology, Ohio University.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6011 Professor Jay Lawrence Westbrook, Benno Bob’s most significant legacies was his Island cultures during Asian Pacific C. Schmidt Chair of Business, University of work prompting the U.S. government American Heritage Month, we are not Texas School of Law. to make amends with Japanese Ameri- only recognizing many notable f cans who were interned during World achievements, but we are also re- ASIAN PACIFIC AMERICAN War II. It was due to Bob’s dedication minded of the struggles and sacrifices HERITAGE MONTH and perseverance that the U.S govern- endured to live and experience the ment finally issued a formal apology American dream. Mrs. FEINSTEIN. Mr. President, I for the Japanese-American internment I am pleased to take this time today rise today to pay tribute to the mil- program and also provided due com- to honor the distinguished accomplish- lions of Americans of Asian and Pacific pensation to the victims of this policy. ments of Asian Pacific Americans dur- heritage for their significant contribu- In tribute to his outstanding achieve- ing this year’s Asian Pacific American tions and service to strengthen this ments, Senator BOXER and I helped Heritage Month. great Nation, and to join the Nation in name the Federal courthouse in Bob’s celebrating Asian Pacific American hometown of Sacramento in his honor. f Heritage Month. His work and his legacy will be fondly First, I would like to take this oppor- remembered and he serves as a shining tunity to recall the pioneers of Asian example of the extraordinary achieve- BUDGET SCOREKEEPING REPORT Pacific American Heritage Month. ments of Asian and Pacific Islander Mr. GREGG. Mr. President, I hereby Through their vision and leadership, Americans. submit to the Senate the budget Frank Horton, Norman Y. Mineta, This year, the Asian American com- scorekeeping report prepared by the DANIEL INOUYE, and Spark Matsunaga munity also saw the passing of the Congressional Budget Office under Sec- successfully empowered Asian and Pa- civil rights leader, Fred Korematsu. tion 308(b) and in aid of Section 311 of cific Islander Americans by estab- Mr. Korematsu’s defiance of the ill- the Congressional Budget Act of 1974, lishing a period of celebration that rec- conceived Japanese internment policy as amended. This report meets the re- ognized the many contributions Asian during World War II was an incredibly quirements for Senate scorekeeping of and Pacific Islanders have made for courageous act. His challenge of the Section 5 of S. Con. Res. 32, the First over a century. Japanese internment policy made its Concurrent Resolution on the Budget They chose May to commemorate way to the U.S. Supreme Court, the for 1986. Asian Pacific Heritage Month because highest court in the land. In recogni- This report shows the effects of con- that is when the first Japanese immi- tion of his courageous actions, Presi- gressional action on the 2005 budget grants came to the United States in dent Clinton awarded Mr. Korematsu through May 25, 2005. The estimates of 1843. It is also the anniversary of the the highest civilian honor, the Presi- budget authority, outlays, and reve- completion of the transcontinental dential Medal of Freedom, in 1998. nues are consistent with the technical railroad in 1869. Mr. Korematsu and Bob Matsui are and economic assumptions of the 2006 This year’s theme for Asian Pacific testaments to the remarkable display Concurrent Resolution on the Budget, American Heritage Month, ‘‘Liberty of courage, will, and determination of H. Con. Res. 95. and Freedom for All,’’ honors the re- millions of Asian Americans to succeed The estimates show that current markable accomplishments Asians and in our country despite personal hard- level spending is under the budget reso- Pacific Islanders from all walks of life ships and at times, discrimination. lution by $5.106 billion in budget au- have made to their communities. Currently, Asian Pacific Islander thority and by $72 million in outlays in I want to pay particular tribute to Americans constitute one of the fastest 2005. Current level for revenues is $407 the thousands of Asian Americans serv- growing minority communities in the million above the budget resolution in United States, and I am proud to recog- ing in our armed forces and thank 2005. nize the State of California as home to them for their invaluable service for This is my first report for fiscal 2005 the greatest number of Asian Pacific defending our country and securing and I ask unanimous consent to have it Islander Americans. There are over 13 freedom abroad. printed with the RECORD corrections to million Asian Pacific Islander Ameri- The Asian American tradition of U.S. the Senate Committee Allocation ta- cans in the nation with more than 4.5 military service can be traced back as bles published on pages 88 and 89 of far as the War of 1812, and our country million living in California. With this wealth of Asian American House Report 109–62, the Report to ac- is grateful for the military service of diversity, our State is enriched by company H. Con. Res. 95, the Concur- more than 300,000 Asian Pacific Amer- many famous ethnic enclaves such as rent Resolution on the Budget for Fis- ican veterans. San Francisco’s Chinatown, West- cal Year 2006. The allocation amounts We are particularly indebted to the minster’s Little Saigon, and the City of for the Finance Committee contained famous ‘‘Go for Broke’’ 442nd regi- Artesia’s Little India. In fact, the sec- small numerical errors. The tables dis- mental combat team of Japanese ond largest populations of Filipino, Ko- play the corrected Senate Committee American soldiers of World War II. The rean, and Vietnamese in the world are allocations. 442nd regiment was the most highly located in California. There being no objection, the mate- decorated unit in American military In this congressional session, I am rial was ordered to be printed in the history—with more than 21 Medal of hoping to help preserve some of the RECORD, as follows: Honor winners, including my dear col- unique Asian American immigration CONGRESSIONAL BUDGET OFFICE, league, U.S. Senator INOUYE. history in my State. Senator BOXER Washington, DC, May 26, 2005. In spite of the discrimination and and I have introduced legislation to Hon. JUDD GREGG, racism of those tumultuous times, help provide Federal funding for the Chairman, Committee on the Budget, U.S. Sen- ate, Washington, DC. these Asian American service members Angel Island Immigration Station, DEAR MR. CHAIRMAN: The enclosed tables performed above and beyond the call of known as the ‘‘Ellis Island of the duty. show the effect of Congressional action on West.’’ the 2005 budget and are current through May I also want to take a moment and The Angel Island Immigration Sta- 25, 2005. This report is submitted under sec- honor the memory of one of the Asian tion, a national historic landmark, was tion 308(b) and in aid of section 311 of the American community’s greatest polit- the entry point for over 1 million im- Congressional Budget Act, as amended. ical leaders and a trusted colleague of migrants from 1910–1940, including ap- The estimates of budget authority, out- mine, U.S. Representative Robert Mat- proximately 175,000 Chinese immi- lays, and revenues are consistent with the sui. grants. Angel Island is a precious part technical and economic assumptions for fis- As a youth, Bob Matsui and his fam- of our Nation’s history and tells the cal year 2005 that underlie H. Con. Res. 95, ily were interned at Tule Lake Camp the Concurrent Resolution on the Budget for story of many people who came to Fiscal Year 2006. This is my first report for for more than three years during World America to make a better life for their fiscal year 2005. War II, but Bob overcame these chal- families. Sincerely, lenges to go on and pursue a distin- As we join the Nation in celebrating ELIZABETH M. ROBINSON guished career in public service. One of the rich and diverse Asian and Pacific (For Douglas Holtz-Eakin, Director).

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6012 CONGRESSIONAL RECORD — SENATE May 26, 2005 TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPEND- TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPEND- 2 Current level is the estimated effect on revenue and spending of all leg- islation that the Congress has enacted or sent to the President for his ap- ING AND REVENUES FOR FISCAL YEAR 2005, AS OF ING AND REVENUES FOR FISCAL YEAR 2005, AS OF proval. In addition, full-year funding estimates under current law are in- MAY 25, 2005 MAY 25, 2005—Continued cluded for entitlement and mandatory programs requiring annual appropria- tions even if the appropriations have not been made. [In billions of dollars] [In billions of dollars] Source: Congressional Budget Office. Current Current Budget Current level over/ Budget Current level over/ resolution 1 level 2 under (¥) resolution 1 level 2 under (¥) resolution resolution

On-budget: Social Security Revenues 573.5 573.5 0 Budget Authority ...... 1,996.6 1,991.5 ¥5.1 Outlays ...... 2,023.9 2,023.9 ¥0.1 1 H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year Revenues ...... 1,483.7 1,484.1 0.4 2006, assumed the enactment of emergency supplemental appropriations for Off-budget: fiscal year 2005, in the amount of $81,811 million in budget authority and Social Security Outlays ... 398.1 398.1 0 $32,121 million in outlays, which would be exempt from the enforcement of the budget resolution. Since current level excludes the emergency appropria- tions in P.L. 109–13 (see footnote 2 of Table 2), the amounts specified in the budget resolution have also been reduced for purposes of comparison. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2005, AS OF MAY 25, 2005 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in Previous Sessions: 1 Revenues ...... n.a. n.a. 1,484,024 Permanents and other spending legislation ...... 1,109,476 1,070,500 n.a. Appropriation legislation ...... 1,298,963 1,369,221 n.a. Offsetting receipts ...... ¥415,912 ¥415,912 n.a. Total, enacted in previous sessions ...... 1,992,527 2,023,809 1,484,024 Enacted This Session: Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13) 2 ...... ¥1,058 4 41 Total Current Level 2, 3 ...... 1,991,469 2,023,813 1,484,065 Total Budget Resolution ...... 2,078,456 2,056,006 1,483,658 Adjustment to budget resolution for emergency requirements 4 ...... ¥81,881 ¥32,121 n.a. Adjusted Budget Resolution ...... 1,996,575 2,023,885 1,483,658 Current Level Over Adjusted Budget Resolution ...... n.a. n.a. 407 Current Level Under Adjusted Budget Resolution ...... 5,106 72 n.a. Notes: n.a. = not applicable; P.L. = Public Law 1 The effects of an act to provide for the proper tax treatment of certain disaster mitigation payments (P.L. 109–7) and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (P.L. 109–8) are included in this section of the table, consistent with the budget resolution assumptions. 2 Pursuant to section 402 of H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. As a result, the cur- rent level excludes $83,140 million in budget authority and $33,034 million in outlays from the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13). 3 Excludes administrative expenses of the Social Security Administration, which are off-budget. 4 H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, assumed the enactment of emergency supplemental appropriations for fiscal year 2005, in the amount of $81,811 million in budget authority and $32,121 million in outlays, which would be exempt from the enforcement of the budget resolution. Since current level excludes the emergency appropriations in P.L. 109–13 (see footnote 2), the amounts specified in the budget resolution have also been reduced for purposes of comparison. Source: Congressional Budget Office.

SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT—BUDGET YEAR TOTAL 2005 [In billions of dollars]

Direct spending jurisdiction Entitlements funded in annual appro- Committee priations acts Budget authority Outlays Budget authority Outlays

Appropriations: General Purpose Discretionary ...... 840.036 929.520 Memo: on-budget ...... 835.610 925.115 off-budget ...... 4.426 4.405 Agriculture, Nutrition, and Forestry ...... 25.258 25.148 71.954 49.563 Armed Services ...... 85.351 85.240 0.041 0.061 Banking, Housing and Urban Affairs ...... 14.779 6.052 0.000 ¥0.047 Commerce, Science, and Transportation ...... 13.635 8.218 1.082 0.889 Energy and Natural Resources ...... 5.124 3.922 0.004 0.005 Environment and Public Works ...... 39.395 2.056 0.000 0.000 Finance ...... 820.964 821.356 350.443 350.266 Foreign Relations ...... 10.785 11.054 0.172 0.172 Homeland Security and Governmental Affairs ...... 71.750 70.621 18.219 18.219 Judiciary ...... 6.009 6.076 0.578 0.564 Health, Education, Labor, and Pensions ...... 13.952 13.946 3.988 3.889 Rules and Administration ...... 0.076 0.019 0.113 0.112 Intelligence ...... 0.000 0.000 0.239 0.239 Veterans’ Affairs ...... 2.161 2.190 36.996 36.924 Indian Affairs ...... 0.555 0.562 0.000 0.000 Small Business ...... 1.702 1.702 0.000 0.000 Unassigned to Committee ...... ¥434.360 ¥420.248 0.000 0.000 Total ...... 677.136 637.914 483.829 460.856

SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT—BUDGET YEAR TOTAL 2006 [In billions of dollars]

Direct spending jurisdiction Entitlements funded in annual appro- Committee priations acts Budget Authority Outlays Budget Authority Outlays

Appropriations: General Purpose Discretionary ...... 842.265 916.081 Memo: on-budget ...... 837.689 911.494 off-budget ...... 4.576 4.587 Agriculture, Nutrition, and Forestry ...... 25.721 25.061 69.535 50.456 Armed Services ...... 91.206 91.125 0.040 0.060 Banking, Housing and Urban Affairs ...... 13.507 2.957 0.000 ¥0.014 Commerce, Science, and Transportation ...... 13.078 7.575 0.928 0.921 Energy and Natural Resources ...... 4.600 4.135 0.054 0.060 Environment and Public Works ...... 39.389 2.154 0.000 0.000 Finance ...... 921.388 923.342 401.199 401.160 Foreign Relations ...... 11.532 11.939 0.174 0.174 Homeland Security and Governmental Affairs ...... 74.698 71.791 18.611 18.611 Judiciary ...... 7.387 6.528 0.580 0.592 Health, Education, Labor, and Pensions ...... 13.180 11.578 4.100 3.979 Rules and Administration ...... 0.072 0.015 0.118 0.117

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6013 SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT—BUDGET YEAR TOTAL 2006—Continued [In billions of dollars]

Direct spending jurisdiction Entitlements funded in annual appro- Committee priations acts Budget Authority Outlays Budget Authority Outlays

Intelligence ...... 0.000 0.000 0.245 0.245 Veterans’ Affairs ...... 1.293 1.353 36.198 36.108 Indian Affairs ...... 0.559 0.547 0.000 0.000 Small Business ...... 0.000 0.000 0.000 0.000 Unassigned to Committee ...... ¥496.329 ¥484.403 0.000 0.000 Total ...... 721.281 675.697 531.782 512.469

SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT—5-YEAR TOTAL: 2006–2010 [In billions of dollars]

Direct spending jurisdiction Entitlements funded in annual appro- Committee priations acts Budget Authority Outlays Budget authority Outlays

Agriculture, Nutrition, and Forestry ...... 111.747 111.108 341.876 260.136 Armed Services ...... 494.585 494.199 0.200 0.270 Banking, Housing and Urban Affairs ...... 74.258 9.668 0.000 ¥0.028 Commerce, Science, and Transportation ...... 68.875 40.886 5.076 5.054 Energy and Natural Resources ...... 19.461 18.898 0.268 0.277 Environment and Public Works ...... 180.812 9.994 0.000 0.000 Finance ...... 5515.613 5527.427 2424.576 2423.728 Foreign Relations ...... 63.726 60.966 0.794 0.794 Homeland Security and Governmental Affairs ...... 402.936 387.261 99.879 99.879 Judiciary ...... 32.071 31.766 2.941 2.979 Health, Education, Labor, and Pensions ...... 68.205 62.245 21.289 20.734 Rules and Administration ...... 0.366 0.323 0.640 0.639 Intelligence ...... 0.000 0.000 1.314 1.314 Veterans’ Affairs ...... 6.327 6.498 185.814 185.182 Indian Affairs ...... 2.555 2.682 0.000 0.000 Small Business ...... 0.000 0.000 0.000 0.000

SAN JUAN NATIONAL FOREST minerals, oil and gas, grazing pastures, spent 14 of her 19 years of life in foster CENTENNIAL MONTH recreation, clean water and air and care, was asked by a Member of Con- Mr. SALAZAR. Mr. President, I rise other natural resources. gress what the word ‘‘permanency’’ today in recognition of one of our great All of these amenities offered by the meant to her. She said, ‘‘many people national treasures. Next week, while San Juan National Forest are impor- in the system wrongly think that per- the Senate is in recess, we will cele- tant to the quality of life and economic manency means staying in one place brate 100 years of the San Juan Na- well being of southwestern Coloradans; for a long time, but to me, permanency tional Forest in my great State of Col- this has been the case for the past 100 means having someone to call when I orado. The people of southwestern Col- years, it is the case today, and hope- am not sure if I should wash my new orado will be celebrating this anniver- fully will be true for the next 100 years. white skirt with a blue shirt, or to sary, as they should. I rise to under- I urge all citizens of Colorado and our take me to Karate lessons, or to cry score that I believe all Americans Nation to join in the centennial cele- with me when I break up with my boy- should celebrate this important mile- bration of the San Juan National For- friend.’’ stone. est through the many activities sched- For those of us who have had that The San Juan National Forest was uled for June 1–4, 2005, to celebrate this kind of permanency in our lives, living created 100 years ago on June 3, 1905, special place and show appreciation for without it seems unfathomable. But through Presidential proclamation by our national forests. the fact remains that each year, over President Theodore Roosevelt. When Finally, this year also marks the 100,000 children in the United States you see it, you know why President centennial of the U.S. Forest Service, are dreaming of that kind of perma- Roosevelt set aside this remarkable the Federal agency which manages the nency, 25,000 children leave the foster place. It is located in southwestern San Juan and 154 other National For- care system without ever having found Colorado on the western slope of the ests across our country. I want to it, and almost 600,000 go to bed every Continental Divide in one of America’s thank the dedicated men and women of night wondering if they ever will find most magnificent landscapes. The San our Forest Service for their extraor- it. Every child deserves the oppor- Juan covers nearly 2 million acres, in dinary work and continued commit- tunity to be in a loving family where an area more than 120 miles wide and ment to our precious lands. they are nurtured, comforted, and pro- 60 miles long. This unique scene in- f tected. Adoption gives children who cludes alpine lakes, canyons, rapids, have been abandoned, orphaned, or NATIONAL FOSTER CARE MONTH waterfalls, historic mines, and broad abused a second chance to find happi- variations in elevation including Ms. LANDRIEU. Mr. President, today ness in a secure and supportive family. mountain peaks of over 14,000 feet high. I rise to bring your attention to Na- Over the past decade, the number of Not only is it beautiful, but its rich tional Foster Care Month. As we cele- children being adopted has risen dra- history is deeply intertwined with the brate this National Foster Care Month, matically, and according to the 2000 history of this great country. The San we must remember how far we have Census Special Report, over 2 million Juan was originally the homeland of come, we must also remember how far children today live in adoptive homes. the Ute Indians as well as an area that we still have to go. In my 27 years as a In the last year alone, over 6,500 chil- was frequented by the Navajo and public servant, I have had the oppor- dren have been listed on the web page Apache Tribes as well. Many pioneers tunity to meet thousands of children in of Adopt US Kids and 1,500 of these who were looking for routes to the foster care. I have personally witnessed children have found families through West traveled through the San Juan. the sheer joy they find in having a this process. Some of these individuals remained ‘‘forever family,’’ and the utter pain In closing, I would like to share with there establishing mining sites which when they do not. I firmly believe that you something said in the award win- contributed to development and a there is no such thing as an unwanted ning book, There Are No Children Here, growing community. child, merely unfound families. Let me about foster care children. ‘‘By the The San Juan National Forest bene- tell you a story about one of these ex- time they enter adolescence, they have fits the communities of southwestern traordinary children. A few years ago, contended with more terror than most Colorado through the supply of timber, a young woman named Sarah, who of us confront in a lifetime. They have

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6014 CONGRESSIONAL RECORD — SENATE May 26, 2005 had to make choices that most experi- Wednesday morning, the HELP Com- prescription drug monitoring pro- enced and educated adults would find mittee unanimously passed S. 518, the grams. In general, monitoring pro- difficult. They have lived with fear and National All Schedules Prescription grams collect, from dispensers, a basic witnessed death. Some of them have Electronic Reporting Act, a bill de- set of information on prescriptions lashed out. They have joined gangs, signed to help states combat the grow- that are issued for controlled sub- sold drugs, and, in some cases, inflicted ing scourge of prescription drug abuse stances. In the most effective pro- pain on others. But they have played and diversion. grams, providers, including physicians baseball and gone on dates and shot I begin by thanking Senator ENZI, and pharmacists, may request the pre- marbles and kept diaries. For, despite our chairman, for his excellent support scription histories of their patients, all they have seen and done, they are— in bringing this bill, the National All permitting them to avoid providing and we must constantly remind our- Schedules Prescription Electronic Re- controlled substances to ‘‘doctor shop- selves of this—still children.’’ porting Act, before the committee for pers’’ seeking multiple prescriptions to During National Foster Care Month, consideration. I also thank and com- feed addiction or for diversion to the I encourage you to log on to mend the bill’s original cosponsors, black market. www.adoptuskids.org to learn more Senators KENNEDY, DURBIN, and DODD, These monitoring programs, appro- about the children who are waiting in and their staffs, for contributing to the priately designed, not only help our country and across the Nation for productive, bipartisan process of devel- healthcare providers to better deliver the safe, loving home they deserve. As oping this legislation. appropriate, effective treatment of Mistral said, ‘‘Many things we need can The abuse and diversion of prescrip- pain and other conditions that require wait, the child cannot. To him we can- tion drugs is a tremendous public the use of ‘‘scheduled’’ drugs, but also not say tomorrow. His name is today.’’ health issue for our nation, and a grow- provide an important tool that permits doctors to identify and, if appropriate, f ing one. An epidemic that first at- tracted public notice as a regional cri- refer for treatment patients whose pre- RESIGNATION OF FTC sis has now spread to touch every kind scription history suggests that they COMMISSIONER ORSON SWINDLE of community, from major cities to the are at high risk of addiction. In addition, they offer an oppor- Mr. MCCAIN. Mr. President, after smallest rural hamlet. Prescription tunity to repair the physician-patient over 7 years of service, Orson Swindle drugs now rank second only to mari- relationship in the face of a growing announced today his resignation as juana in the incidence of abuse. Over 31 addiction problem that has created an Commissioner of the Federal Trade million American adults and adoles- atmosphere in which physicians fear Commission. Mr. Swindle has been cents have, at one time, abused pain re- that prescribing ‘‘high risk’’ medica- dedicated to protecting the interests of lievers, and the number of first-time tions could inadvertently injure pa- the American consumer by promoting abusers has increased 336 percent since tients or lead to civil or criminal li- competition and fairness in the mar- 1990. ability or professional discipline. This ketplace. He will be sorely missed. As appalling as the numbers are, we situation has created yet another class Mr. Swindle’s accomplishments at can not permit them to obscure the of victims, patients who are finding it the FTC have been numerous, but his human tragedy of drug abuse and de- too difficult to obtain timely, effective efforts to promote the vigorous devel- pendence, or the toll that drug diver- treatment for pain and other legiti- opment of the Internet and technology sion takes on communities. In the case mate medical needs. Much to their generally have been particularly im- of individuals who become addicted to credit, physicians have recognized the portant to our Nation’s economy. His prescription medications, the addicted tremendous potential here and have too often fall from the productive service with the Commission started been the leading advocates for national ranks of society into unemployment, shortly after the birth of electronic legislation supporting the broader commerce, and it was thanks in part to disability, hospitalization, or even adoption of well-designed prescription Mr. Swindle’s efforts to keep the Inter- death. They may be drawn into crimi- drug monitoring programs. net free of over-regulation that it is nal activities that lead to incarcer- I would like to particularly commend now such a robust and widely-used me- ation. Their families and communities the American Society of Interventional dium of communication, commerce, suffer along with them. Those who en- Pain Physicians, and Dr. Laxmaiah education, and political participation. gage in drug diversion feed an insidious Manchikanti, their CEO, for the tre- All the while, Mr. Swindle has focused black market that makes dangerous mendous effort they have put forth to his efforts on educating consumers drugs available to children, as well as educate members and the public re- about the new online world in order to adults. On a societal level, taxpayers garding the need for this legislation. build their confidence in and knowl- bear much of the expense of abused or ASIPP has, in recent days, been joined edge of the Internet. He has also en- illegally diverted drugs, and, subse- in their strong advocacy for the sured that industry understands the quently, of treating the medical con- NASPER bill by the American Society need to self-regulate effectively or face sequences of misuse and addiction. of Anesthesiology and the American the credible threat of Government in- I find particularly concerning the re- Osteopathic Association, and I expect terference and aggressive enforcement. cent Partnership for a Drug-Free that others will soon follow. Those I commend Mr. Swindle and thank America finding that prescription physicians who have stepped forward to him for his outstanding service to this medications are emerging as the most advocate for a balanced and effective country, and I deeply hope that he will rapidly growing category of drugs solution to this problem are truly act- continue to build on his long and dis- abused by America’s teenagers. Accord- ing in a manner consistent with the tinguished career as a public servant. ing to this national study, released highest ideals of the medical profes- Our Nation benefits greatly from the April 21st, approximately one in five sion. work of individuals such as Orson teenagers—that is over 4 million kids The bill we are considering today, Swindle, whom I am proud to call my nationally—has abused prescription National All Schedules Prescription friend. He stands as an example for us painkillers, and 37 percent report that Electronic Reporting Act, establishes a all of commitment, achievement, and close friends have done so. Another 10 federal grant program, to be adminis- sacrifice on behalf of our Nation. percent of teens have abused prescrip- tered by the Department of Health and f tion stimulants, such as Ritalin. Sur- Human Services, that would support veys show that this dismal pattern is both the creation of new state pro- THE NATIONAL ALL SCHEDULES driven by, according to teens’ own as- grams and the improvement of existing PRESCRIPTION ELECTRONIC RE- sessment, ease of access. ones. Participating programs would be PORTING ACT The establishment, by the states, of designed according to a ‘‘best prac- Mr. SESSIONS. Mr. President, I take programs to monitor prescriptions for tices’’ model, and would adopt applica- a moment to bring attention to an im- controlled substances can help curb in- ble health information technology portant step that was taken yesterday appropriate, illegal access to these po- standards. in the Senate Committee on Health, tentially dangerous drugs. At the It also addresses the important bar- Education, Labor, and Pensions. On present time, 20 states have operating riers that continue to hamper the full

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6015 realization of these programs’ poten- cation in elementary and secondary and Rehabilitative Services supported tial: the fact that there are not enough schools in the Middle East. Civic edu- the training of deaf actors in the show, of them, and in a time when patients cators in Jordan, Egypt, the West allowed the production to reach na- regularly cross state lines seeking Bank, Lebanon, Tunisia, Morocco, Al- tional audiences through touring, and treatment, existing program can not geria, Yemen, Bahrain, and recently helped to fund educational outreach. yet effectively share information Saudi Arabia, work with the Center for I understand that our distinguished across state lines. Civic Education through Arab Civitas. majority leader, Senator FRIST, re- This bill provides states with the re- The goal of the program is to help stu- cently saw the production, and was as sources and guidance they need to dents understand and respect the core dazzled by it as I was. So I encourage make important progress toward mini- concepts of freedom and democracy all of our colleagues, their families, mizing the abuse and diversion of pre- such as free expression, pluralism and and staffs to go see Big River, which scription medications while ensuring the rule of law, and human rights. will be at Ford’s Theater until June 4. patients’ access to timely, effective As the chairman of the Senate Com- And I also encourage my colleagues to treatment, and I urge you to join us in mittee on Foreign Relations Sub- join with me in working to restore supporting it. committee on Near Eastern and South funding to keep Deaf West’s work alive f Asian Affairs, it is my strong belief for audiences in the future.∑ that many of the conflicts and prob- f ADDITIONAL STATEMENTS lems in the world, and particularly in HONORING NEW IBERIA MAIN the Middle East, could be lessened by STREET NINTH ANNUAL WORLD CONGRESS strong investments in education. I am ∑ Ms. LANDRIEU. Mr. President, today IN AMMAN, JORDAN particularly supportive of education programs which seek to improve toler- I rise to honor a city from my home ∑ Mr. CHAFEE. Mr. President, next ance and understanding of others. State of Louisiana and am delighted to week, from June 2–6, 2005, the Center Thus, the theme of this year’s congress recognize its achievement before this for Civic Education will host the Ninth is of particular interest to me: Advanc- body. Annual World Congress on Civic Edu- ing Peace and Stability through Active The City of New Iberia, LA, was re- cation in Amman, Jordan. Nearly 200 Citizenship. cently selected by The National Trust civic education leaders will attend this Mr. President, I think we can all for Historic Preservation to receive a event, representing 58 countries and 28 agree that this is exciting work that 2005 Great American Main Street U.S. States. the Center for Civic Education is ac- Award. New Iberia won this prestigious The purpose of the World Congress is complishing. Its work in strengthening award because of its successful down- to share information about the best democracy, and promoting tolerance town revitalization. In addition to practices and materials developed and moderation, in the United States being recognized as one of only five through Civitas: An International Civic and throughout the world, is admi- winning communities nationwide, New Education Exchange Program, an au- rable. I hope and expect the attendees Iberia is the only community in Lou- thorized program of the No Child Left will have a successful Ninth Annual isiana to ever receive this distinction. Behind Act. The program addresses the World Congress on Civic Education.∑ As a champion of sustainable and qual- full range of civic education activities. f ity community development, I can per- These include the development of edu- sonally attest to this well-deserved cational policy, standards, curricular DEAF WEST THEATER honor. New Iberia’s Main Street cre- frameworks, and materials, as well as PRODUCTION OF ‘‘BIG RIVER’’ ates a unique sense of place through teacher education, classroom imple- ∑ Mr. HARKIN. Mr. President, I re- the beauty of its architecture, land- mentation, and research and evalua- cently had the pleasure of attending a scaping, and natural integration with tion. truly unique theater production at Bayou Teche. The residents of New Ibe- One program developed through Ford’s Theater—a production that is a ria identify with this special place, and Civitas is Project Citizen, a middle testament to the Positive impact of it contributes to the quality of life and school level program on public policy Federal funding of the arts. The Deaf sense of community pride shared by in the United States. Project Citizen is West Theater production of Big River: them. now being used in more than fifty The Adventures of Huckleberry Finn, Founded in 1779, New Iberia was a countries, and is one of the most effec- in conjunction with the Roundabout prosperous antebellum community tive programs in promoting the devel- Theater Company and the Mark Taper that matured into a modern city. By opment of a political culture sup- Forum, utilizes American Sign Lan- the mid 1960s, New Iberia’s Main Street portive of democratic values, prin- guage and a cast of hearing and deaf began experiencing decline typical of ciples, institutions, and participation. actors working seamlessly together to, many communities in the United Another important component of tell this classic Mark Twain story. The States at that time. Recognizing the Civitas is the series of exchanges exceptional quality of this production role of Main Street in the life of a com- among leaders in civic education in the was recognized with a 2004 Tony Honor munity, New Iberia’s business leaders, United States and those in emerging for Excellence in the Theater. elected officials, and citizens started a and established democracies world- This production of Big River is a su- progressive downtown revitalization ef- wide. The purpose of the exchanges is perb example of how the performing fort known as Operation Impact in the for civic education leaders to learn arts can lead by example, in this case, early 1970s. This focus on Main Street from and assist each other in improv- by offering a dramatic example of peo- continued, and in the 1990s, New Iberia ing education for democracy in their ple who bridge the gap between the further enhanced its efforts by initi- home nations. deaf and hearing communities. Deaf ating an officially designated Main Therefore, I think it is an important and hearing actors are an integral part Street Program. The unified commit- step that for the first time the World of the show. Deaf and hearing audi- ment, hard work, and enthusiasm of Congress on Civic Education will be ences have an equal opportunity to the people of New Iberia over nearly 40 hosted in the Middle East. Joining the enjoy the production. And the perspec- years has reestablished their downtown Center for Civic Education in hosting tive of deaf culture is seamlessly inte- as a vibrant nucleus of culture, com- this year’s World Congress is Arab grated into the performance. merce, and tourism. It has also fit- Civitas—a regional network of nine Federal funding was critical in tingly earned them national acclaim. Arab countries in the Middle East—and achieving these important goals. Au- In the few years since the Main the Jordanian Center for Civic Edu- thorization for grant funding of deaf Street Program began in New Iberia, cation Studies. theater has been in Federal law, in one the city has seen over 115 new busi- Arab Civitas, which is funded form or another, since 1967. In the case nesses established, over 420 new jobs through the Middle East Partnership of the current production of Big River, created, and more than $19 million in Initiative at the State Department, ad- grants from the U.S. Department of private investment with total invest- ministers a program of citizenship edu- Education’s Office of Special Education ment exceeding $24 million.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6016 CONGRESSIONAL RECORD — SENATE May 26, 2005 Downtown development and Main ceived, Monsignor Milewski was hon- nicator and manager, Charlie assem- Street revitalization efforts have con- ored to have the Pope visit the 120-acre bled a terrific team to promote the ini- tributed significantly to building safer Orchard Lake Schools campus in 1969. tiatives of the new department and to communities, stronger economies, and Of that visit, Monsignor said, ‘‘From protect and restore the quality of better quality of life across America. that point on, I really got to know Maryland’s air, water, and land re- New Iberia, LA, is a superb example of what a great man he was and what a sources. Charlie and his team set a how these cooperative efforts can im- tremendous memory he had.’’ He re- standard for outreach and responsive- prove communities. Today, I give the calls how the Pope once remarked that ness that few, if any, agencies have people of New Iberia my thanks and the seminary at Orchard Lakes was the been able to match. He served in this praise.∑ most beautiful Polish seminary in the position until 1991 when he was re- f world. The campus includes the John cruited, as government affairs officer Paul II center, a museum of artifacts for the Baltimore District, U.S. Army RECOGNITION OF THE 50TH ANNI- and photos. Corps of Engineers, to help the district VERSARY OF THE ORDINATION I know my colleagues join me in con- restore relations and responsiveness OF REV. MONSIGNOR STANLEY gratulating Monsignor Milewski on his with the Congress and other levels of E. MILEWSKI faithfulness to his calling and on his government. Over the past 14 years, ∑ Mr. LEVIN. Mr. President, I would many achievements in the pastoral Charlie has been a trusted adviser to like to call my colleagues’ attention to ministry. I am pleased to express my six district engineers, and the principal plans to honor a distinguished religious sincere appreciation to him on his 50th point of contact for Members of Con- leader in Michigan, Monsignor Stanley anniversary and to wish him many gress and our staffs from the Five Milewski. Monsignor Milewski will be more years of good health and happi- States and the District of Columbia, honored at a special service of thanks- ness.∑ which encompass the Baltimore Dis- giving followed by a dinner reception f trict’s jurisdiction. on Sunday, June 5, 2005, on the St. With his in-depth knowledge, polit- TRIBUTE TO CHARLIE WALKER Mary’s Orchard Lake Schools campus. ical astuteness, and a dedication to The tribute will mark his 50th anniver- ∑ Mr. SARBANES. Mr. President, I public service that is second to none, sary as a Polish-American diocesan want to pay tribute today to an out- Charlie has remained a constant force priest. standing public servant, educator, and in moving the Army Corps of Engi- Since his ordination into the priest- communicator, Charlie Walker. Charlie neers’ programs and services forward. hood on June 4, 1955, by Cardinal Ed- is retiring after a distinguished 40-year He is well known, widely respected, and ward Mooney in Detroit, Monsignor career in teaching and government well liked, not only among the staff at Milewski has been an important part of service at the local, State and Federal the Baltimore District but throughout the history of the Polish pastoral min- levels, most recently as director of the U.S. Army Corps of Engineers and istry in Michigan and in the United government affairs for the Baltimore beyond. He is the core of the Corps. His States. Monsignor Milewski has earned District, U.S. Army Corps of Engineers. advice is constantly sought for improv- the respect and admiration of people I extend my personal congratulations ing communications and relations with throughout Michigan and across the and thanks for his many years of dedi- the press, the public and with elected United States, and is especially ad- cated service and contributions to the officials at all levels of government. mired by the approximately three- American people. Over the years, he has inspired great quarters of a million people of Polish Born in Charleston, WV, Charlie loyalty in the members of the Balti- descent who are part of the Arch- spent much of his youth and career in more District staff and affection from diocese of Detroit, because of his devo- Baltimore, MD. He was a graduate of the countless others with whom he has tion to service and confident leadership Clifton Park Junior High and Balti- worked. He will be sorely missed by through years of ministry. more’s City College, one of the oldest those of us who have had the pleasure Born in Detroit to Polish immigrants and finest public high schools in the of working with him. on November 30, 1929, Monsignor country. He won scholarships to Tow- Throughout the course of his career, Milewski received his primary and sec- son State Teachers College, now Tow- Charlie has received numerous honors ondary education in Catholic parochial son University, where he excelled aca- including the Commander’s Award for schools in Detroit. He earned his un- demically and in his extracurricular Civil Service, Governor’s Salute to Ex- dergraduate degree from St. Mary’s activities, selected to serve not only as cellence Award, and the Maryland De- College of Orchard Lake and completed president of the Phi Alpha Theta Hon- partment of the Environment Award graduate studies at St. John’s Provin- orary Society in history but also as a for Outstanding Public Service. In ad- cial Seminary in Plymouth, MI, and at manager of three sports teams—soccer, dition to his public service, Charlie has SS. Cyril and Methodius Seminary in wrestling, and track. Upon graduation volunteered a great deal of time and Orchard Lake. SS. Cyril and Methodius in 1963, Charlie taught for 3 years in energy serving on the numerous orga- Seminary enjoys the distinction of Baltimore’s secondary schools and then nizations, including the Phi Alpha being the only Polish seminary in the enrolled in West Virginia University to Theta History Society, the Society of United States and was founded in De- earn a master’s degree in history. In American Military Engineers, and the troit in 1885. Monsignor Milewski was 1966, Charlie enlisted in the U.S. Army Baltimore Council on Foreign Affairs. awarded an honorary doctorate degree and served for a 3-year period in Viet- It is my firm conviction that public from Alliance College in Pennsylvania nam and at the Walter Reed Army service and teaching are among the and an honorary doctorate of theology Medical Center. He returned to West most honorable callings. They demand degree from Madonna University in Virginia University to obtain a Ph.D. the very best, most dedicated efforts of Livonia, MI. He was later appointed to in history, and worked in various and those who have the opportunity to the faculty of the Orchard Lake progressively responsible positions in serve their fellow citizens. Throughout Schools in January 1957, and his re- local, State and Federal Government, his career Charlie Walker has exempli- sponsibilities have included procu- including service as an historian and fied a steadfast commitment to meet- rator-treasurer, teacher, athletic direc- public affairs officer with the U.S. ing this demand. I want to extend my tor, and vice rector. He served as chan- Army Corps of Engineers, an aide to personal congratulations and thanks cellor of the Lake Orchard Schools the mayor of Baltimore and a research for his many years of hard work and from 1977 to 2000. analyst with the Library of Congress. dedication and wish him well in the Monsignor Milewski’s appointments In 1987, Charlie Walker was tapped to years ahead.∑ include the Prelate of Honor of His Ho- lead the public affairs office of the f liness John Paul II on March 20, 1990, newly established Maryland Depart- Honorary Canon of the Diocese of ment of the Environment, and it was in TRIBUTE TO JESSIE HALE DOWNS Plock, and Honorary Canon of the Dio- this position that I first had the oppor- ∑ Mr. SESSIONS. Today, with a great cese of Lomza. In addition to the many tunity and privilege of working closely sense of honor and respect, I rise to pay recognitions and awards he has re- with Charlie. A highly skilled commu- tribute to Mrs. Jessie Hale Downs for

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6017 her humane and charitable service to great pleasure that I offer my con- H.R. 2566. An act to provide an extension of the city of Birmingham, AL. gratulations to these two men not only highway, highway safety, motor carrier safe- In 1944, Mrs. Hale and her husband, for their admirable achievements but ty, transit, and other programs funded out of Jimmie Hale, cofounded the Downtown also for the great name that they bring the Highway Trust Fund pending enactment ∑ of a law reauthorizing the Transportation Jimmie Hale Mission in Birmingham. to the State of South Dakota. Equity Act for the 21st Century. These two individuals founded this f mission to help rescue scores of indi- At 4:16 p.m., a message from the viduals from homelessness and addic- HONORING THE ACCOMPLISH- MENTS OF MR. MATTH TOEBBEN House of Representatives, delivered by tion. On November 17, 1944, Jimmie Mr. Hays, one of its reading clerks, an- Hale died, leaving his young wife wid- ∑ Mr. BUNNING. Mr. President, I pay nounced that the House has agreed to owed and expecting their first daughter tribute and congratulate Mr. Matth the following concurrent resolution, in in January of 1945. Toebben of Northern Kentucky, who which it requests the concurrence of The death of her husband left her was recently honored with one of the the Senate: with nothing, so Mrs. Hale was taken ‘‘Movers and Shakers’’ awards for the H. Con. Res. 167. Concurrent resolution in by a friend, and 2 months later she Greater Cincinnati area. Mr. Toebben’s providing for a conditional adjournment of gave birth to a daughter. Later, Jessie life accomplishments and dedication to the House of Representatives and a condi- married a man who had been aided by Commonwealth of Kentucky have tional recess or adjournment of the Senate. the Jimmie Hale Mission, Joe Downs. given me reason to be proud. Unfortunately, he never overcame his I believe Mr. Toebben to be the em- At 5:27 p.m., a message from the addiction and after 21⁄2 years of mar- bodiment of the American Dream. House of Representatives, delivered by riage and the birth of a daughter, he After immigrating to the United States Mr. Hays, one of its reading clerks, an- left the family. from Borger, Germany in 1953 with nounced that the House has passed the Nevertheless, Jessie Hale Downs re- only $10 to his name, he used all of his following bills, in which it requests the mained resolve in her dedication to the money to buy a train ticket to Cin- concurrence of the Senate: Jimmie Hale Mission, and she refused cinnati. Upon arrival in the area, Mr. H.R. 810. An act to amend the Public to let her late husband’s dream die. Toebben took up not only one job, but Health Service Act to provide for human em- Mrs. Downs is gifted with a great sense two jobs as a carpenter for a Ft. Wright bryonic stem cell research. of leadership and a spirit of love for hu- home builder in Northern Kentucky. H.R. 2520. An act to provide for the collec- tion and maintenance of human cord blood manity. She served as the executive di- He worked both night and day saving stem cells for the treatment of patients and rector of the Mission for 46 years and as much money as he could. This research, and to amend the Public Health even today travels to churches and quickly paid off and by 1955, only 2 Service Act to authorize the C.W. Bill Young civic meetings to share the story of the years after his arrival to the United Cell Transplantation Program. Jimmie Hale Mission and what they States, Mr. Toebben started his own H.R. 2528. An act making appropriations have to offer. business, Toebben Builders and Devel- for military quality of life functions of the Because of her unwavering dedication opers. Department of Defense, military construc- to the Mission, which began as a lone The ‘‘Movers and Shakers’’ award of tion, the Department of Veterans Affairs, and related agencies for the fiscal year end- storefront chapel ministering to the Northern Kentucky is an annual award ing September 30, 2006, and for other pur- men on the streets of downtown Bir- presented to honor those within the poses. mingham, the Mission has now ex- Greater Cincinnati region who stand as f panded into a six-facility, holistic-ap- an example for all. It is presented by proach ministry in central Alabama the Kentucky Enquirer, the Sales and ENROLLED BILL SIGNED committed to helping people break the Marketing Council of Northern Ken- The message also announced that the chains of addiction and homelessness. tucky, The Home Builders Association Speaker of the House of Representa- While Jimmie Hale envisioned the of Northern Kentucky and The Ken- tives has signed the following enrolled ministry, Jessie Hale Downs saw the tucky Post. bill: Mission to fruition. Now, at the age of As a Senator from Kentucky, I com- H.R. 2566. An act to provide an extension of 88, Mrs. Downs is the matriarch and mend Mr. Toebben for his hard work highway, highway safety, motor carrier safe- heartbeat of the Jimmie Hale Mission. and dedication. I hope that he will ty, transit, and other programs funded out of I would like to offer thanks for a life serve as an inspiration to the citizens the Highway Trust Fund pending enactment lived to serve the less fortunate. The of Kentucky.∑ of a law reauthorizing the Transportation Equity Act for the 21st Century. community of Birmingham and the f State of Alabama are better off because The enrolled bill was signed subse- Mrs. Jessie Hale Downs has lived MESSAGES FROM THE PRESIDENT quently by the President pro tempore among us.∑ Messages from the President of the (Mr. STEVENS). f United States were communicated to the Senate by Mr. Williams, one of his At 7:00 p.m., a message from the STANDING SOUTH DAKOTANS secretaries. House of Representatives, delivered by ∑ Ms. Niland, one of its reading clerks, Mr. THUNE. Mr. President, today I f rise to congratulate two outstanding announced that the House disagrees to men from South Dakota, Staff Ser- EXECUTIVE MESSAGES REFERRED the amendment of the Senate to the geant Eric Borah of New Underwood As in executive session the Presiding bill (H. R. 3) to authorize funds for Fed- and Sergeant Daniel Iverson of Madi- Officer laid before the Senate messages eral-aid highways, highway safety pro- son. Both men have been honored this from the President of the United grams, and transit programs, and for year for their unwavering dedication to States submitting sundry nominations other purposes, and asks for a con- our country. which were referred to the appropriate ference with the Senate on the dis- Eric, a Wheeled Vehicle Mechanic in committees. agreeing votes of the two Houses there- the South Dakota Army Guard’s 235th (The nominations received today are on; and appoints the following mem- Military Police Company from Custer, printed at the end of the Senate pro- bers as the managers of the conference has been named Non-Commissioned Of- ceedings.) on the part of the House: From the ficer of the Year. f Committee on Transportation and In- Daniel, an Army Bandsman with the frastructure, for consideration of the South Dakota Army Guard’s 147th MESSAGES FROM THE HOUSE House bill (except title X), and the Sen- Army Band from Mitchell, was named At 9:34 a.m., a message from the ate amendment (except title V), and Soldier of the year. House of Representatives, delivered by modifications committed to con- Eric and Daniel will be recognized in Ms. Niland, one of its reading clerks, ference: Messrs. YOUNG of Alaska, Washington, DC two of the Out- announced that the House has passed PETRI, BOEHLERT, COBLE, DUNCAN, standing Soldiers and Airmen of the the following bill, in which it requests MICA, HOEKSTRA, LATOURETTE, BACHUS, Year for the National Guard. It is with the concurrence of the Senate: BAKER, GARY C. MILLER of California,

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6018 CONGRESSIONAL RECORD — SENATE May 26, 2005 HAYES, SIMMONS, BROWN of South Caro- From the Committee on Science, for EC–2342. A communication from the Under lina, GRAVES, SHUSTER, BOOZMAN, consideration of sections 2010, 3013, Secretary of Defense, Acquisition, Tech- OBERSTAR, RAHALL, DEFAZIO, COS- 3015, 3034, 3039, 3041, 4112, and title V of nology, and Logistics, Department of De- fense, transmitting, pursuant to law, a re- TELLO, Ms. NORTON, Messrs. NADLER, the House bill, and title II and sections port relative to the Defense Base Closure and MENENDEZ, Ms. CORRINE Brown of Flor- 6014, 6015, 6036, 7118, 7212, 7214, 7361, and Realignment Act of 1990, as amended; to the ida, Mr. FILNER, Ms. EDDIE BERNICE 7370 of the Senate amendment, and Committee on Armed Services. JOHNSON of Texas, Mr. TAYLOR of Mis- modifications committed to con- EC–2343. A communication from the Under sissippi, Ms. MILLENDER-MCDONALD, ference: Messrs. EHLERS, REICHERT, and Secretary of Defense, Acquisition, Tech- Messrs. CUMMINGS, BLUMENAUER, and GORDON. nology, and Logistics, Department of De- Mrs. TAUSCHER. From the Committee on Ways and fense, transmitting, pursuant to law, a re- port entitled ‘‘Department of Defense Fiscal From the Committee on the Budget, Means, for consideration of title X of for consideration of sections 8001–8003 Year 2004 Purchases from Foreign Entities’’; the House bill, and title V of the Sen- to the Committee on Armed Services. of the House bill, and title III of the ate amendment, and modifications EC–2344. A communication from the Under Senate amendment, and modifications committed to conference: Messrs. Secretary of Defense, Acquisition, Tech- committed to conference: Messrs. THOMAS, MCCRERY, and RANGEL. nology, and Logistics, Department of De- NUSSLE, MARIO DIAZ-BALART of Flor- For consideration of the House bill fense, transmitting, pursuant to law, a re- ida, and SPRATT. and Senate amendment, and modifica- port relative to amounts of staff-years of From the Committee on Education technical effort to be allocated for each de- tions committed to conference: Mr. fense Federally Funded Research and Devel- and the Workforce, for consideration of DELAY. sections 1118, 1605, 1809,3018, and 3030 of opment Center (FFRDC) during Fiscal Year f 2006; to the Committee on Armed Services. the House bill, and sections 1304, 1819, EC–2345. A communication from the Sec- 6013, 6031, 6038, and 7603 of the Senate MEASURES REFERRED retary of Energy, transmitting, a report of amendment, and modifications com- proposed legislation relative to amending The following bills were read the first mitted to conference: Messrs. KLINE, the Ronald W. Reagan National Defense Au- and the second times by unanimous KELLER, and BARROW. thorization Act for Fiscal Year 2005; to the From the Committee on Energy and consent, and referred as indicated: Committee on Armed Services. Commerce, for consideration of provi- H.R. 1224. An act to repeal the prohibition EC–2346. A communication from the Prin- on the payment of interest on demand depos- cipal Deputy, Personnel and Readiness, Of- sions in the House bill and Senate fice of the Under Secretary of Defense, De- amendment relating to Clean Air Act its, and for other purposes; to the Committee on Banking, Housing, and Urban Affairs. partment of Defense, transmitting, pursuant provisions of transportation planning H.R. 2528. An act making appropriations to law, a report relative to the status of fe- contained in sections 6001 and 6006 of for military quality of life functions of the male members of the Armed Forces for Fis- the House bill, and sections 6005 and Department of Defense, military construc- cal Year 2004; to the Committee on Armed 6006 of the Senate amendment; and sec- tion, the Department of Veterans Affairs, Services. EC–2347. A communication from the Direc- tions 1210, 1824, 1833, 5203, and 6008 of and related agencies for the fiscal year end- tor, Defense Procurement and Acquisition ing September 30, 2006, and for other pur- the House bill, and sections 1501, 1511, Policy, Department of Defense, transmit- poses; to the Committee on Appropriations. 1522, 1610–1619, 1622, 4001, 4002, 6016, 6023, ting, pursuant to law, the report of a rule en- 7218, 7223, 7251, 7252, 7256–7262, 7324, 7381, f titled ‘‘Contractor Personnel Supporting a 7382, and 7384 of the Senate amend- Force Deployed Outside the United States’’ ment, and modifications committed to MEASURES PLACED ON THE (DFARS Case 2003-D087) received on May 23, conference: Messrs. BARTON of Texas, CALENDAR 2005; to the Committee on Armed Services. EC–2348. A communication from the Dep- PICKERING, and DINGELL. The following bill was read the sec- From the Committee on Government uty Assistant Administrator, National Oce- ond time, and placed on the calendar: anic and Atmospheric Administration, De- Reform, for consideration of section S. 1127. A bill to require the Secretary of partment of Commerce, transmitting, pursu- 4205 of the house bill, and section 2101 Defense to submit to Congress all docu- ant to law, the report of a rule entitled of the Senate amendment and modi- mentation related to the Secretary’s rec- ‘‘NOAA Climate and Global Change Program, fications committed to conference: ommendations for the 2005 round of defense FY 2006’’ (FRN, Docket No.: 000616180–5104–11) Messrs. TOM DAVIS of Virginia, PLATTS, base closure and realignment. received on May 23, 2005; to the Committee and WAXMAN. f on Commerce, Science, and Transportation. From the Committee on Homeland EC–2349. A communication from the Acting Security, for consideration of sections MEASURES READ THE FIRST TIME Director, Office of Sustainable Fisheries, Na- tional Marine Fisheries Service, Department 1834, 6027, 7324, and 7325 of the Senate The following bill was read the first of Commerce, transmitting, pursuant to law, amendment, and modifications com- time: the report of a rule entitled ‘‘NMFS is Open- mitted to conference: Messrs. COX, H.R. 810. An act to amend the Public ing Directed Fishing for Species that Com- DANIEL E. LUNGREN of California, and Health Service Act to provide for human em- prise the Deep-water Species Fishery by Ves- THOMPSON of Mississippi. bryonic stem cell research. sels using Trawl Gear in the Gulf of Alaska From the Committee on the Judici- (GOA)’’ (Docket NO. 041126333–5040–02; I.D. f ary, for consideration of sections 1211, 042105C) received on May 23, 2005; to the Com- 1605, 1812, 1832, 2013, 2017, 4105, 4201, 4202, EXECUTIVE AND OTHER mittee on Commerce, Science, and Transpor- tation. 4214, 7018–7020, and 7023 of the House COMMUNICATIONS EC–2350. A communication from the Acting bill, and sections 1410, 1512, 1513, 6006, The following communications were Deputy Chief, Wireline Competition Bureau, 6029, 7108, 7113, 7115, 7338, 7340, 7343, 7345, laid before the Senate, together with Federal Communications Commission, trans- 7362, 7363, 7406, 7407, and 7413 of the Sen- accompanying papers, reports, and doc- mitting, pursuant to law, the report of a rule entitled ‘‘In the Matter of Federal-State ate amendment, and modifications uments, and were referred as indicated: committed to conference: Messrs. SEN- Joint Board on Universal Service, Report EC–2340. A communication from the Under SENBRENNER, SMITH of Texas, and CON- and Order in CC Docket No. 96–45; FCC 05–46’’ Secretary of Defense, Acquisition, Tech- received on May 23, 2005; to the Committee YERS. nology, and Logistics, Department of De- on Commerce, Science, and Transportation. From the Committee on Resources, fense, transmitting, pursuant to law, a re- EC–2351. A communication from the Legal for consideration of sections 1119, 3021, port relative to the Defense Base Closure and Advisor to the Bureau Chief, Media Bureau, 6002, and 6003 of the House bill, and sec- Realignment Act of 1990; to the Committee Federal Communications Commission, trans- tions 1501, 1502, 1505, 1511, 1514, 1601, on Armed Services. mitting, pursuant to law, the report of a rule 1603, 6040, and 7501–7518 of the Senate EC–2341. A communication from the Spe- entitled ‘‘Amendment of Section 73.202(b), amendment, and modifications com- cial Assistant to the Secretary of the Navy Table of Allotments, FM Broadcast Stations. mitted to conference: Messrs. POMBO, for Base Realignment and Closure, Depart- (Cedarville, California)’’ (MB Docket No. 04– ment of the Navy, transmitting, pursuant to WALDEN of Oregon, and KIND. 387) received on May 23, 2005; to the Com- From the Committee on Rules, for law, a report entitled ‘‘Supplemental Infor- mittee on Commerce, Science, and Transpor- mation to Volume IV of the Department of tation. consideration of sections 8004 and 8005 Defense Base Closure Report [Department of EC–2352. A communication from the Legal of the House bill, and modifications the Navy (DON) Analyses and Recommenda- Advisor to the Bureau Chief, Media Bureau, committed to conference: Mr. DREIER, tions]’’; to the Committee on Armed Serv- Federal Communications Commission, trans- Mrs. CAPITO, and Mr. MCGOVERN. ices. mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6019 entitled ‘‘Amendment of Section 73.202(b), Practice’’ (RIN2126–AA15) received on May tion, Department of Transportation, trans- Table of Allotments, FM Broadcast Stations 24, 2005; to the Committee on Commerce, mitting, pursuant to law, the report of a rule (Dulac, Louisiana, King City, California; Science, and Transportation. entitled ‘‘Airworthiness Directives: Fokker Fallon Station, Nevada; Coachella, Cali- EC–2361. A communication from the Pro- Model F 28 Series Airplanes’’ ((RIN2120– fornia; Cambria, California; Carbon, Texas; gram Analyst, Federal Aviation Administra- AA64) (2005–0254)) received on May 24, 2005; to and Northport, Alabama)’’ (MB Docket Nos. tion, Department of Transportation, trans- the Committee on Commerce, Science, and 04–329, 04–332 through 04–337) received on May mitting, pursuant to law, the report of a rule Transportation. 23, 2005; to the Committee on Commerce, entitled ‘‘Standard Instrument Approach EC–2371. A communication from the Pro- Science, and Transportation. Procedures; Miscellaneous Amendments (58); gram Analyst, Federal Aviation Administra- EC–2353. A communication from the Legal Amdt. No. 3122’’ ((RIN2120–AA65) (2005–0017)) tion, Department of Transportation, trans- Advisor to the Bureau Chief, Media Bureau, received on May 24, 2005; to the Committee mitting, pursuant to law, the report of a rule Federal Communications Commission, trans- on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Schwei- mitting, pursuant to law, the report of a rule EC–2362. A communication from the Pro- zer Aircraft Corp Model 269 C, C–1, and D entitled ‘‘Amendment of Section 73.606(b), gram Analyst, Federal Aviation Administra- Helicopters’’ ((RIN2120–AA64) (2005–0252)) re- Table of Allotments, TV Broadcast Stations; tion, Department of Transportation, trans- ceived on May 24, 2005; to the Committee on Green Bay, WI.’’ (MB Docket No. 01–315, RM– mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. 10136) received on May 23, 2005; to the Com- entitled ‘‘Definition of Commuter Aircraft at EC–2372. A communication from the Pro- mittee on Commerce, Science, and Transpor- Ronald Reagan Washington National Air- gram Analyst, Federal Aviation Administra- tation. port’’ (RIN2120–AI58) received on May 24, tion, Department of Transportation, trans- EC–2354. A communication from the Legal 2005; to the Committee on Commerce, mitting, pursuant to law, the report of a rule Advisor to the Bureau Chief, Media Bureau, Science, and Transportation. entitled ‘‘Airworthiness Directives: Airbus Federal Communications Commission, trans- EC–2363. A communication from the Pro- Model A300 B4-600, 600R, and FR–600R Series mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Airplanes, and Model C4 605R Variant F Air- entitled ‘‘Amendment of Section 73.202(b), tion, Department of Transportation, trans- planes; and Model A310 Series Airplanes’’ Table of Allotments, FM Broadcast Stations. mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0251)) received on May (Shorter, Orrville, Selma and Birmingham, entitled ‘‘Ineligibility for an Airman Certifi- 24, 2005; to the Committee on Commerce, Alabama)’’ (MB Docket No. 04–201) received cate Based on Security Grounds; DISPOSI- Science, and Transportation. on May 23, 2005; to the Committee on Com- TION OF COMMENTS’’ ((RIN2120–AH84) EC–2373. A communication from the Pro- merce, Science, and Transportation. (2005–0001)) received on May 24, 2005; to the gram Analyst, Federal Aviation Administra- EC–2355. A communication from the Legal Committee on Commerce, Science, and tion, Department of Transportation, trans- Advisor to the Bureau Chief, Media Bureau, Transportation. mitting, pursuant to law, the report of a rule Federal Communications Commission, trans- EC–2364. A communication from the Pro- entitled ‘‘Airworthiness Directives: Rolls gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Royce Corporation 250–B Series and 250 C Se- tion, Department of Transportation, trans- entitled ‘‘Implementation of Section 304 of ries Turboprop and Turboshaft Engines’’ mitting, pursuant to law, the report of a rule the Telecommunications Act of 1996 Com- ((RIN2120–AA64) (2005–0249)) received on May entitled ‘‘Revision of Federal Airways V–2, mercial Availability of Navigation Devices’’ 24, 2005; to the Committee on Commerce, V–257 and V–343; MT’’ ((RIN2120–AA66) (2005– (FCC 05–76, CS Docket No. 97–80) received on Science, and Transportation. 0114)) received on May 24, 2005; to the Com- EC–2374. A communication from the Pro- May 23, 2005; to the Committee on Com- mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. EC–2356. A communication from the Acting tation. tion, Department of Transportation, trans- EC–2365. A communication from the Pro- mitting, pursuant to law, the report of a rule Director, Office of Sustainable Fisheries, Na- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing tional Marine Fisheries Service, Department tion, Department of Transportation, trans- Model 777–200 Series Airplanes’’ ((RIN2120– of Commerce, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule AA64) (2005–0248)) received on May 24, 2005; to the report of a rule entitled ‘‘Fisheries of the entitled ‘‘Airport Noise Compatibility Plan- the Committee on Commerce, Science, and Northeastern United States; Atlantic Mack- ning: DISPOSITION OF COMMENTS’’ Transportation. erel, Squid, and Butterfish Fisheries; Closure ((RIN2120–AI37) (2005–0001)) received on May EC–2375. A communication from the Pro- of the Quarter II Fishery for Loligo Squid’’ 24, 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- (I.D. 042005B) received on May 23, 2005; to the Science, and Transportation. tion, Department of Transportation, trans- Committee on Commerce, Science, and EC–2366. A communication from the Pro- mitting, pursuant to law, the report of a rule Transportation. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing EC–2357. A communication from the Acting tion, Department of Transportation, trans- Model 747–100, 100B, 200B, 300, 400, 400D, Director, Office of Sustainable Fisheries, Na- mitting, pursuant to law, the report of a rule 747SR, and 747SP Series Airplanes’’ tional Marine Fisheries Service, Department entitled ‘‘Airworthiness Directives: ((RIN2120–AA64) (2005–0247)) received on May of Commerce, transmitting, pursuant to law, Eurocopter France Model AS355E, F, F1, F2, 24, 2005; to the Committee on Commerce, the report of a rule entitled ‘‘Closing Di- and N Helicopters’’ ((RIN2120–AA64) (2005– Science, and Transportation. rected Fishing for Pacific Cod by Catcher 0253)) received on May 24, 2005; to the Com- EC–2376. A communication from the Pro- Vessels Less than 60 Feet Length Overall mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- Using Hook-and-Line or Pot Gear in the Ber- tation. tion, Department of Transportation, trans- ing Sea and Aleutian Islands Management EC–2367. A communication from the Pro- mitting, pursuant to law, the report of a rule Area’’ (I.D. 041805D) received on May 23, 2005; gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing to the Committee on Commerce, Science, tion, Department of Transportation, trans- Model 737-300, 400, and 500 Series Airplanes’’ and Transportation. mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0250)) received on May EC–2358. A communication from the Acting entitled ‘‘Airworthiness Directives: Bom- 24, 2005; to the Committee on Commerce, Director, Office of Sustainable Fisheries, Na- bardier Model CL 600 2B19 Airplanes’’ Science, and Transportation. tional Marine Fisheries Service, Department ((RIN2120–AA64) (2005–0257)) received on May EC–2377. A communication from the Pro- of Commerce, transmitting, pursuant to law, 24, 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- the report of a rule entitled ‘‘Fisheries of the Science, and Transportation. tion, Department of Transportation, trans- Northeastern United States; Summer Floun- EC–2368. A communication from the Pro- mitting, pursuant to law, the report of a rule der; 2005 Specifications; Commercial Sum- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing mer Flounder Quota Transfer’’ (I.D. 031805C) tion, Department of Transportation, trans- Model 777–200 and 300 Series Airplanes’’ received on May 23, 2005; to the Committee mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0246)) received on May on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Saab 24, 2005; to the Committee on Commerce, EC–2359. A communication from the Acting Model SAAB SF340A and SAAB 340B Series Science, and Transportation. Director, Office of Sustainable Fisheries, Na- Airplanes’’ ((RIN2120–AA64) (2005–0256)) re- EC–2378. A communication from the Pro- tional Marine Fisheries Service, Department ceived on May 24, 2005; to the Committee on gram Analyst, Federal Aviation Administra- of Commerce, transmitting, pursuant to law, Commerce, Science, and Transportation. tion, Department of Transportation, trans- the report of a rule entitled ‘‘Species in the EC–2369. A communication from the Pro- mitting, pursuant to law, the report of a rule Rock Sole/Flathead Sole/‘Other Flatfish’ gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing Fishery Category by Vessels Using Trawl tion, Department of Transportation, trans- Model 747–100, 100B, 100B SUD, 200B, 200C, 300, Gear in Bering Sea and Aleutian Islands mitting, pursuant to law, the report of a rule 400, and 400D Series Airplanes; and Model Management Area’’ (I.D. 042105B) received on entitled ‘‘Airworthiness Directives: Bom- 747SR Series Airplanes’’ ((RIN2120–AA64) May 23, 2005; to the Committee on Com- bardier Model DHC 8 102, 103, 106, 201, 202, 301, (2005–0245)) received on May 24, 2005; to the merce, Science, and Transportation. 311, and 315 Airplanes’’ ((RIN2120–AA64) (2005– Committee on Commerce, Science, and EC–2360. A communication from the Regu- 0255)) received on May 24, 2005; to the Com- Transportation. latory Ombudsman, Federal Motor Carrier mittee on Commerce, Science, and Transpor- EC–2379. A communication from the Pro- Safety Administration, Department of tation. gram Analyst, Federal Aviation Administra- Transportation, transmitting, pursuant to EC–2370. A communication from the Pro- tion, Department of Transportation, trans- law, the report of a rule entitled ‘‘Rules of gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6020 CONGRESSIONAL RECORD — SENATE May 26, 2005 entitled ‘‘Airworthiness Directives: Boeing District of the Virgin Islands for the term of Parents: deceased, William W. Wilkins, Sr., Model 747 Airplanes’’ ((RIN2120–AA64) (2005– four years. Evelyn Horton Wilkins, none. 0244)) received on May 24, 2005; to the Com- Stephen Joseph Murphy III, of Michigan, 5. Grandparents: deceased, Mr. & Mrs. Mil- mittee on Commerce, Science, and Transpor- to be United States Attorney for the Eastern lard Horton, Mr. & Mrs. William C. Wilkins, tation. District of Michigan for the term of four none. EC–2380. A communication from the Pro- years. 6. Brothers and Spouses: Mr. & Mrs. Wil- gram Analyst, Federal Aviation Administra- (Nominations without an asterisk liam W. Wilkins, Jr., Mr. Robert Terrell Wil- kins, none. tion, Department of Transportation, trans- were reported with the recommenda- mitting, pursuant to law, the report of a rule 7. Sisters and Spouses: Bryan & Nancy W. entitled ‘‘Airworthiness Directives: General tion that they be confirmed.) Lyndon, $4,000.00, 2003, Bush-Cheney ’04. Electric Company CF–80E1 Series Turbofan f Nominee: Wiliam Alan Eaton. Post: Panama. Engines’’ ((RIN2120–AA64) (2005–0243)) re- NOMINATIONS DISCHARGED BY ceived on May 24, 2005; to the Committee on (The following is a list of all members of Commerce, Science, and Transportation. THE COMMITTEE ON FOREIGN my immediate family and their spouses. I EC–2381. A communication from the Gen- RELATIONS AND CONFIRMED have asked each of these persons to inform eral Counsel, Federal Emergency Manage- Nominee: Victoria Nuland. me of the pertinent contributions made by ment Agency, Department of Homeland Se- Post: U.S. Mission to NATO. them. To the best of my knowledge, the in- curity, transmitting, pursuant to law, the re- (The following is a list of all members of formation contained in this report is com- port of a rule entitled ‘‘Changes in Flood my immediate family and their spouses. I plete and accurate.) Elevation Determinations’’ ((44 CFR 65) have asked each of these persons to inform Contributions, Amount, Date, and Donee: 1. Self: $0. (Doc. No. FEMA–B–7451)) received on May 23, me of the pertinent contributions made by 2. Spouse: N/A. 2005; to the Committee on Banking, Housing, them. To the best of my knowledge, the in- 3. Children and Spouses: N/A. and Urban Affairs. formation contained in this report is com- 4. Parents: Marjory C. Eaton (mother), $0. EC–2382. A communication from the Gen- plete and accurate.) 5. Grandparents: Ethel & Lee Combs (ma- eral Counsel, Federal Emergency Manage- Contributions, Amount, Date, and Donee: ternal, deceased), $0; Lettie & Oscar Eaton ment Agency, Department of Homeland Se- 1. Self (paternal, deceased), $0. curity, transmitting, pursuant to law, the re- 2. Spouse port of a rule entitled ‘‘Final Flood Ele- 6. Brothers and Spouses: N/A. 3. Children and Spouses 7. Sisters and Spouses: Christine D. Fellers vation Determinations’’ (44 CFR 67) received 4. Parents: $100.00, Sept 2004, Kerry for on May 23, 2005; to the Committee on Bank- (sister), $0; Larry L. Fellers (brother-in-law), President; Names: Sarah P. Nuland (step- $0. ing, Housing, and Urban Affairs. mother). EC–2383. A communication from the Gen- Nominee: James M. Derham. 5. Grandparents Post: Guatemala. eral Counsel, Federal Emergency Manage- 6. Brothers and Spouses ment Agency, Department of Homeland Se- (The following is a list of all members of 7. Sisters and Spouses my immediate family and their spouses. I curity, transmitting, pursuant to law, the re- Nominee: John F. Tefft. port of a rule entitled ‘‘Changes in Flood have asked each of these persons to inform Post: Tblisi, Georgia. me of the pertinent contributions made by Elevation Determinations’’ ((44 CFR 65) (The following is a list of all members of (Doc. No. FEMA–P–7642)) received on May 23, them. To the best of my knowledge, the in- my immediate family and their spouses. I formation contained in this report is com- 2005; to the Committee on Banking, Housing, have asked each of these persons to inform and Urban Affairs. plete and accurate.) me of the pertinent contributions made by Contributions, Amount, Date, and Donee: f them. To the best of my knowledge, the in- 1. Self: James M. Derham, none. formation contained in this report is com- 2. Spouse: Joleen A. Schweitzer, none. REPORTS OF COMMITTEES plete and accurate.) 3. Children and Spouses: Michael T. The following reports of committees Contributions, Amount, Date, and Donee: Derham, $35, 8/2004, DNC; Christopher D. 1. Self, None. were submitted: Derham, none; Katherine M. Derham, none. 2. Spouse, None. 4. Parents: John A. Derham, deceased; By Mr. INHOFE, from the Committee on 3. Children and Spouses: Christine Marie Dorothy K. Derham, none. Environment and Public Works, with amend- Tefft, $50, 2004, John Kerry; Cathleen Mary 5. Grandparents: John Derham, deceased; ments: Tefft and Andrew Horowitz, $50, 2004, John Margaret Derham, deceased; Walter S. 606. A bill to amend the Clean Air Act to Kerry. Kingwell, deceased; Dorothy Kingwell, de- eliminate methyl tertiary butyl ether from 4. Parents: Floyd F. Tefft, $50, 2004, Russ ceased. the United States fuel supply, to increase Feingold for Senate; Mary J. Tefft (de- 6. Brothers and Spouses: Dennis J. Derham, production and use of renewable fuel, and to ceased). none. increase the Nation’s energy independence, 5. Grandparents: Floyd B. Tefft (deceased); 7. Sisters and Spouses: N/A. and for other purposes (Rept. No. 109–74). Lucy Britt Tefft (deceased); James Durkin Nominee: Paul A. Trivelli. By Mr. ENZI, from the Committee on (deceased); Julia Healy Durkin (deceased). Post: U.S. Ambassador to Nicaragua. Health, Education, Labor, and Pensions, 6. Brothers and Spouses: Thomas and Julie (The following is a list of all members of with an amendment in the nature of a sub- Tefft, none; James Tefft and Victoria Wise, my immediate family and their spouses. I stitute: none. have asked each of these persons to inform S. 302. A bill to make improvements in the 7. Sisters and Spouses: Patricia Tefft Cous- me of the pertinent contributions made by Foundation for the National Institutes of in (deceased); Sheila Tefft and Rajiv them. To the best of my knowledge, the in- Health (Rept. No. 109–75). Chandra, none. formation contained in this report is com- f Nominee: David Horton Wilkins. plete and accurate.) Post: U.S. Ambassador to Canada. Contributions, Amount, Date, and Donee: EXECUTIVE REPORTS OF (The following is a list of all members of 1. Self: none. COMMITTEES my immediate family and their spouses. I 2. Spouse: none. have asked each of these persons to inform The following executive reports of 3. Children and Spouses: Carlos Trivelli me of the pertinent contributions made by (unmarried), none; Daniela Trivelli (unmar- committees were submitted: them. To the best of my knowledge, the in- ried), none. By Mr. SPECTER for the Committee on formation contained in this report is com- 4. Parents: Ruth Trivelli (mother), none; the Judiciary. plete and accurate.) Benjamin Trivelli (father) and spouse Shar- Richard A. Griffin, of Michigan, to be Contributions, Amount, Date, and Donee: on, $250.00, 6/30, Rosa DeLauro; $200, 2/03, United States Circuit Judge for the Sixth 1. Self: David H. Wilkins, $5,000.00, 10/2004, Rosa DeLauro. Circuit. RNC Presidential Trust; $5,000.00, 9/2004, RNC 5. Grandparents: Anna Trivelli (deceased); David W. McKeague, of Michigan, to be Presidential Trust; $10,000.00, 8/2004, RNC Matthew Trivelli (deceased); Arthur Ander- United States Circuit Judge for the Sixth Presidential Trust; $1,000.00, 7/2004, DeMint son (deceased); Ruth Anderson (deceased). Circuit. for Congress; $4,000.00, 8/2003, Bush-Cheney ’04 6. Brothers and Spouses: Vincent Trivelli Regina B. Schofield, of Virginia, to be an (joint); $50.00, 6/2003, Republican National and spouse Joyce, $100, summer 04, Kerry Assistant Attorney General. Comm.; $50.00, 2/2003, Republican National campaign; Philip Trivelli and spouse Natalie, Paul D. Clement, of Virginia, to be Solic- Comm.; $75.00, 2/2003, Republican National $20, summer 04, Kerry campaign. itor General of the United States. Comm.; $1,000.00, 4/02/01, Lindsey Graham for 7. Sisters and Spouses: Pamela Combies Gretchen C. F. Shappert, of North Caro- Senate. (unmarried), none. lina, to be United States Attorney for the 2. Spouse: Susan C. Wilkins, none. Nominee: Linda Jewell. Western District of North Carolina for the 3. Children and Spouses: Robert & Steph- Post: Ambassador to Ecuador. term of four years. anie Wilkins, $4,000.00, 2003, Bush-Cheney ’04 (The following is a list of all members of Anthony Jerome Jenkins, of Virgin Is- (joint); James Wilkins, $2,000.00, 2003, Bush- my immediate family and their spouses. I lands, to be United States Attorney for the Cheney ’04. have asked each of these persons to inform

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me of the pertinent contributions made by the retrofitting, repowering, replacement, WELL, Mrs. CLINTON, Mr. COLEMAN, them. To the best of my knowledge, the in- and new construction of coal-based elec- Mr. CORZINE, Mr. DAYTON, Mr. DODD, formation contained in this report is com- tricity generating facilities and industrial Mr. DURBIN, Mrs. FEINSTEIN, Mr. HAR- plete and accurate.) gasification facilities; to the Committee on KIN, Mr. INOUYE, Mr. JOHNSON, Mr. Contributions, amount, Date, and Donee: Energy and Natural Resources. KERRY, Ms. LANDRIEU, Mr. LEVIN, 1. Self: Linda Jewell, $100, 2/5/04, Dem. Nat’l By Mrs. CLINTON (for herself, Ms. COL- Mrs. LINCOLN, Ms. MIKULSKI, Mrs. Comm. LINS, Ms. LANDRIEU, Mrs. MURRAY, MURRAY, Mr. NELSON of Nebraska, 2. Spouse: John Walsh, $150, 5/22/04, John Mr. REED, and Ms. MIKULSKI): Mr. NELSON of Florida, Mr. OBAMA, Kerry for Pres.; $50, 09/04, John Kerry for S. 1134. A bill to express the sense of Con- Mr. REED, Mr. SALAZAR, Mr. SAR- Pres. gress on women in combat; to the Committee BANES, Ms. STABENOW, Mr. LAUTEN- 3. Children and Spouses: Susanna Walsh on Armed Services. BERG, Mr. PRYOR, and Mr. ROCKE- (no spouse), 0; Patrick Walsh (no spouse), 0. By Mr. BENNETT (for himself and Mr. FELLER): 4. Parents: Analee Jewell, 0; Robert Jewell HATCH): S. 1145. A bill to provide Federal assistance (deceased), 0. S. 1135. A bill to authorize the exchange of to States and local jurisdictions to prosecute 5. Grandparents: Albert Jewell (deceased); certain land in Grand and Uintah Counties, hate crimes; to the Committee on the Judici- Eliza Jewell (deceased); H. Frank Rider (de- Utah, and for other purposes; to the Com- ary. ceased); Ada Rider (deceased). mittee on Energy and Natural Resources. By Mrs. BOXER: 6. Brothers and Spouses: Frank Jewell and By Mr. THUNE (for himself, Mr. JOHN- S. 1146. A bill to require the Federal Trade Sarah Lavicka, $250, 1/11/01, Dem. Nat’l SON, Ms. COLLINS, Ms. SNOWE, Mr. Commission to monitor and investigate gas- Comm.; $50 6/27/04, Campus Dems.; $50, 7/11/04, SUNUNU, Mr. CORZINE, Mr. LIEBER- oline prices under certain circumstances; to John Kerry for Pres.; $500, 8/19/04, Dem. Nat’l MAN, Mr. LAUTENBERG, Mr. DOMENICI, the Committee on Commerce, Science, and Comm.; $500, 9/29/04, www.democrats.org. Mr. DODD, and Mr. BINGAMAN): Transportation. 7. Sisters and Spouses: None. S. 1136. A bill to facilitate the provision by By Mr. ROCKEFELLER (for himself, members of the Armed Forces of testimony f Ms. SNOWE, Mr. BAUCUS, Mr. BURNS, on the military value of military installa- Mr. SCHUMER, Mr. BUNNING, and Ms. INTRODUCTION OF BILLS AND tions in connection with the 2005 round of de- CANTWELL): JOINT RESOLUTIONS fense base closure and realignment; to the S. 1147. A bill to amend the Internal Rev- Committee on Armed Services. enue Code of 1986 to provide for the expens- The following bills and joint resolu- By Mr. GRASSLEY (for himself, Mr. ing of broadband Internet access expendi- tions were introduced, read the first MCCAIN, and Mr. ALLEN): tures, and for other purposes; to the Com- and second times by unanimous con- S. 1137. A bill to include dehydro- mittee on Finance. sent, and referred as indicated: epiandrosterone as an anabolic steroid; to By Ms. MIKULSKI (for herself, Ms. the Committee on the Judiciary. STABENOW, Mr. BINGAMAN, Mrs. MUR- By Mr. WYDEN (for himself and Mr. By Mr. ALLEN: RAY, Mr. CORZINE, Mr. JOHNSON, and SUNUNU): S. 1138. A bill to authorize the placement Mr. INOUYE): S. 1128. A bill to amend title XIX of the So- of a monument in Arlington National Ceme- S. 1148. A bill to amend title XVIII of the cial Security Act to provide for increased re- tery honoring the veterans who fought in Social Security Act to permit direct pay- bates under the medicaid program for pre- World War II as members of Army Ranger ment under the medicare program for clin- scription drugs that are directly advertised Battalions; to the Committee on Veterans’ ical social worker services provided to resi- to consumers, to require other Federal pro- Affairs. dents of skilled nursing facilities; to the grams purchasing or reimbursing for such By Mr. SANTORUM: Committee on Finance. drugs to establish payment and reimburse- S. 1139. A bill to amend the Animal Welfare By Mr. ISAKSON (for himself and Mr. ment mechanisms that reduce the costs of Act to strengthen the ability of the Sec- KENNEDY): those drugs, and for other purposes; to the retary of Agriculture to regulate the pet in- S. 1149. A bill to amend the Federal Em- Committee on Finance. dustry; to the Committee on Agriculture, ployees’ Compensation Act to cover services By Mr. LUGAR (for himself and Mr. Nutrition, and Forestry. provided to injured Federal workers by phy- HAGEL): By Mr. CARPER (for himself and Mr. sician assistants and nurse practitioners, S. 1129. A bill to provide authorizations of BIDEN): and for other purposes; to the Committee on appropriations for certain development S. 1140. A bill to designate the State Route Homeland Security and Governmental Af- banks, and for other purposes; to the Com- 1 Bridge in the State of Delaware as the fairs. mittee on Foreign Relations. ‘‘Senator William V. Roth, Jr. Bridge’’; to By Mrs. CLINTON: By Ms. STABENOW (for herself, Ms. the Committee on Environment and Public S. 1150. A bill to increase the security of LANDRIEU, and Mr. LEVIN): Works. radiation sources, and for other purposes; to S. 1130. A bill to treat the Tuesday next By Mr. COCHRAN (for himself, Mr. the Committee on Environment and Public after the first Monday in November as a PRYOR, Mr. CHAMBLISS, and Mr. ROB- Works. legal public holiday for purposes of Federal ERTS): By Mr. McCAIN (for himself and Mr. employment, and for other purposes; to the S. 1141. A bill to authorize the Secretary of LIEBERMAN): Committee on the Judiciary. Homeland Security to regulate ammonium S. 1151. A bill to provide for a program to By Mr. CRAIG: nitrate; to the Committee on Homeland Se- accelerate the reduction of greenhouse gas S. 1131. A bill to authorize the exchange of curity and Governmental Affairs. emissions in the United States by estab- certain Federal land within the State of By Ms. LANDRIEU (for herself, Mr. lishing a market-driven system of green- Idaho, and for other purposes; to the Com- GRAHAM, Mr. ALLEN, Mr. DURBIN, and house gas tradeable allowances, to limit mittee on Energy and Natural Resources. Mr. LAUTENBERG): greenhouse gas emissions in the United By Mr. COLEMAN (for himself, Ms. S. 1142. A bill to provide pay protection for States and reduce dependence upon foreign LANDRIEU, Mr. DEWINE, Ms. SNOWE, members of the Reserve and the National oil, to support the deployment of new cli- Mr. COCHRAN, Mr. VITTER , Mr. BAYH, Guard, and for other purposes; to the Com- mate change-related technologies, and en- and Mr. SMITH): mittee on Finance. sure benefits to consumers; to the Com- S. 1132. A bill to amend the Public Health By Mr. ENZI: mittee on Environment and Public Works. Service Act, the Employee Retirement In- S. 1143. A bill to provide death and dis- By Ms. SNOWE (for herself, Mr. KERRY, come Security Act of 1974, and the Internal ability benefits for aerial firefighters who Mr. SMITH, and Ms. COLLINS): Revenue Code of 1986 to require that group work on a contract basis for a public agency S. 1152. A bill to amend title XVIII of the and individual health insurance coverage and and suffer death or disability in the line of Social Security Act to eliminate discrimina- group health plans provide coverage for duty, and for other purposes; to the Com- tory copayment rates for outpatient psy- treatment of a minor child’s congenital or mittee on the Judiciary. chiatric services under the Medicare Pro- developmental deformity or disorder due to By Mrs. CLINTON: gram; to the Committee on Finance. trauma, infection, tumor, or disease; to the S. 1144. A bill to provide military retire- By Mr. BUNNING (for himself and Mr. Committee on Health, Education, Labor, and ment credit for certain service by National THOMAS): Pensions. Guard members performed while in a State S. 1153. A bill to provide Federal financial By Mr. BYRD (for himself, Mr. ROCKE- duty status immediately after the terrorist incentives for deployment of advanced coal- FELLER, and Mr. SPECTER): attacks of September 11, 2001; to the Com- based generation technologies; to the Com- S. 1133. A bill to authorize the Secretary of mittee on Armed Services. mittee on Finance. Energy to develop and implement an acceler- By Mr. KENNEDY (for himself, Mr. By Ms. COLLINS (for herself and Ms. ated research, development, and demonstra- SPECTER, Mr. SMITH, Mr. LEAHY, Ms. SNOWE): tion program for advanced clean coal tech- COLLINS, Mr. LIEBERMAN, Ms. SNOWE, S. 1154. A bill to extend the Acadia Na- nologies for use in coal-based generation fa- Mr. WYDEN, Mr. JEFFORDS, Mr. SCHU- tional Park Advisory Commission, to provide cilities and to provide financial incentives to MER, Mr. CHAFEE, Mr. AKAKA, Mr. EN- improved visitor services at the park, and for encourage the early commercial deployment SIGN, Mr. BAYH, Mr. BIDEN, Mr. other purposes; to the Committee on Energy of advanced clean coal technologies through BINGAMAN, Mrs. BOXER, Ms. CANT- and Natural Resources.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6022 CONGRESSIONAL RECORD — SENATE May 26, 2005 By Mr. BROWNBACK (for himself, Mr. S. Res. 158. A resolution expressing the REID), the Senator from New York ALEXANDER, Mr. ALLARD, Mr. BUN- sense of the Senate that the President (Mrs. CLINTON), the Senator from New NING, Mr. CHAMBLISS, Mr. COBURN, should designate the week beginning Sep- Jersey (Mr. LAUTENBERG), the Senator Mr. CORNYN, Mr. CRAIG, Mr. CRAPO, tember 11, 2005, as ‘‘National Historically from New York (Mr. SCHUMER), the Mr. DEMINT, Mr. ENSIGN, Mr. ENZI, Black Colleges and Universities Week’’; to UR Mr. GRAHAM, Mrs. HUTCHISON, Mr. the Committee on the Judiciary. Senator from Washington (Mrs. M - INHOFE, Mr. ISAKSON, Mr. MCCAIN, By Mr. INHOFE (for himself and Mr. RAY), the Senator from South Carolina Mr. SANTORUM, Mr. SESSIONS, Mr. COBURN): (Mr. DEMINT) and the Senator from SUNUNU, Mr. TALENT, and Mr. S. Res. 159. A resolution recognizing the Maryland (Ms. MIKULSKI) were added as THUNE): 50th anniversary of the Oklahoma Inde- cosponsors of S. 392, a bill to authorize S. 1155. A bill to establish a commission to pendent Petroleum Association and its mem- the President to award a gold medal on conduct a comprehensive review of Federal bers vital contribution to the oil and gas in- behalf of Congress, collectively, to the agencies and programs and to recommend dustry of the United States; considered and the elimination or realignment of duplica- agreed to. Tuskegee Airmen in recognition of tive, wasteful, or outdated functions, and for By Mrs. CLINTON (for herself and Mr. their unique military record, which in- other purposes; to the Committee on Home- HAGEL): spired revolutionary reform in the land Security and Governmental Affairs. S. Con. Res. 39. A concurrent resolution to Armed Forces. By Mr. HATCH: express the sense of Congress on the Purple S. 418 S. 1156. A bill to amend the Internal Rev- Heart; to the Committee on Armed Services. At the request of Mrs. CLINTON, the enue Code of 1986 to extend the credit period By Mr. LUGAR: for electricity produced from renewable re- S. Con. Res. 40. A concurrent resolution name of the Senator from Illinois (Mr. sources at certain facilities, to extend the recognizing and commending the President DURBIN) was added as a cosponsor of S. credit for electricity produced from certain and the governments of other countries that 418, a bill to protect members of the renewable resources, and for other purposes; have participated in the Proliferation Secu- Armed Forces from unscrupulous prac- to the Committee on Finance. rity Initiative for the historic efforts and tices regarding sales of insurance, fi- By Mr. CRAPO (for himself, Mr. REID, successes of the Proliferation Security Ini- nancial, and investment products. Mr. ALLARD, Mr. BAUCUS, Mr. CRAIG, tiative in reducing the threat posed by illicit S. 438 and Mr. ENSIGN): trafficking in weapons of mass destruction, S. 1157. A bill to amend the Internal Rev- their means of delivery, and related mate- At the request of Mr. ENSIGN, the enue Code of 1986 to treat gold, silver, plat- rials, on the occasion of the second anniver- name of the Senator from Massachu- inum, and palladium, in either coin or bar sary of the establishment of the Prolifera- setts (Mr. KENNEDY) was added as a co- form, in the same manner as equities and tion Security Initiative; to the Committee sponsor of S. 438, a bill to amend title mutual funds for purposes of maximum cap- on Foreign Relations. XVIII of the Social Security Act to re- ital gains rate for individuals; to the Com- f peal the medicare outpatient rehabili- mittee on Finance. By Mr. KENNEDY (for himself, Mr. ADDITIONAL COSPONSORS tation therapy caps. S. 593 AKAKA, and Mr. LAUTENBERG): S. 20 S. 1158. A bill to impose a 6-month morato- At the request of Mr. REID, the name At the request of Ms. COLLINS, the rium on terminations of certain plans insti- names of the Senator from Alabama tuted under section 4042 of the Employee Re- of the Senator from Delaware (Mr. (Mr. SESSIONS) and the Senator from tirement Income Security Act of 1974 in CARPER) was added as a cosponsor of S. cases in which reorganization of contrib- 20, a bill to expand access to preventive Virginia (Mr. ALLEN) were added as co- uting sponsors is sought in bankruptcy or in- health care services that help reduce sponsors of S. 593, a bill to amend title solvency proceedings; to the Committee on unintended pregnancy, reduce the num- VII of the Tariff Act of 1930 to provide Health, Education, Labor, and Pensions. ber of abortions, and improve access to that the provisions relating to counter- By Mr. HATCH (for himself, Mr. BAU- women’s health care. vailing duties apply to nonmarket CUS, Mr. SMITH, Mr. SCHUMER, Mr. economy countries. CRAPO, Mr. LOTT, Mr. KYL, and Mrs. S. 103 S. 603 LINCOLN): At the request of Mrs. FEINSTEIN, the S. 1159. A bill to amend the Internal Rev- name of the Senator from New York At the request of Ms. LANDRIEU, the enue Code of 1986 to permanently extend the (Mrs. CLINTON) was added as a cospon- name of the Senator from Kansas (Mr. subpart F exemption for active financing; to sor of S. 103, a bill to respond to the il- BROWNBACK) was added as a cosponsor the Committee on Finance. legal production, distribution, and use of S. 603, a bill to amend the Consumer By Mr. SMITH (for himself, Mrs. LIN- of methamphetamine in the United Credit Protection Act to assure mean- COLN, Mr. ROCKEFELLER, and Mr. ingful disclosures of the terms of rent- KERRY): States, and for other purposes. S. 1160. A bill to amend the Internal Rev- S. 313 al-purchase agreements, including dis- enue Code of 1986 to restore, increase, and At the request of Mr. LUGAR, the closures of all costs to consumers make permanent the exclusion from gross in- name of the Senator from Florida (Mr. under such agreements, to provide cer- come for amounts received under qualified MARTINEZ) was added as a cosponsor of tain substantive rights to consumers group legal services plan; to the Committee under such agreements, and for other on Finance. S. 313, a bill to improve authorities to address urgent nonproliferation crises purposes. f and United States nonproliferation op- S. 642 SUBMISSION OF CONCURRENT AND erations. At the request of Mr. FRIST, the SENATE RESOLUTIONS S. 327 names of the Senator from Alaska (Ms. The following concurrent resolutions At the request of Mrs. LINCOLN, the MURKOWSKI) and the Senator from Ari- and Senate resolutions were read, and name of the Senator from Maryland zona (Mr. KYL) were added as cospon- referred (or acted upon), as indicated: (Ms. MIKULSKI) was added as a cospon- sors of S. 642, a bill to support certain national youth organizations, includ- By Mr. COBURN (for himself and Mr. sor of S. 327, a bill to amend the Inter- INHOFE): nal Revenue Code of 1986 to expand the ing the Boy Scouts of America, and for S. Res. 157. A resolution congratulating tip credit to certain employers and to other purposes. Carrie Underwood for winning the ‘‘Amer- promote tax compliance. S. 793 ican Idol’’ television program and thanking S. 333 At the request of Mr. DURBIN, the her for being a positive role model; to the names of the Senator from Iowa (Mr. Committee on the Judiciary . At the request of Mr. SANTORUM, the By Mr. GRAHAM (for himself, Mr. names of the Senator from Mississippi HARKIN) and the Senator from New Jer- ALLARD, Mr. ALLEN, Mr. BAYH, Mr. (Mr. LOTT) and the Senator from Ohio sey (Mr. LAUTENBERG) were added as BUNNING, Mr. CHAMBLISS, Mr. COCH- (Mr. DEWINE) were added as cosponsors cosponsors of S. 793, a bill to establish RAN, Mr. DEMINT, Mr. DEWINE, Mrs. of S. 333, a bill to hold the current re- national standards for discharges from DOLE, Mr. DODD, Mr. DURBIN, Mrs. gime in Iran accountable for its threat- cruise vessels into the waters of the HUTCHISON, Mr. ISAKSON, Mr. KERRY, ening behavior and to support a transi- United States, and for other purposes. Ms. LANDRIEU, Mr. LOTT, Ms. MIKUL- tion to democracy in Iran. S. 844 SKI, Mr. SANTORUM, Mr. SESSIONS, Mr. SPECTER, Mr. TALENT, Mr. VOINOVICH, S. 392 At the request of Mr. REID, the name Mr. SCHUMER, Mr. BROWNBACK, Mr. At the request of Mr. LEVIN, the of the Senator from California (Mrs. OBAMA, and Mr. BURR): names of the Senator from Nevada (Mr. BOXER) was added as a cosponsor of S.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6023 844, a bill to expand access to preven- S. 1081 kansas (Mrs. LINCOLN) was added as a tive health care services that help re- At the request of Ms. STABENOW, the cosponsor of amendment No. 762 in- duce unintended pregnancy, reduce the name of the Senator from Minnesota tended to be proposed to S. 1042, an number of abortions, and improve ac- (Mr. DAYTON) was added as a cosponsor original bill to authorize appropria- cess to women’s health care. of S. 1081, a bill to amend title XVIII of tions for fiscal year 2006 for military S. 935 the Social Security Act to provide for activities of the Department of De- At the request of Mrs. FEINSTEIN, the a minimum update for physicians’ serv- fense, for military construction, and name of the Senator from Michigan ices for 2006 and 2007. for defense activities of the Depart- (Mr. LEVIN) was added as a cosponsor of S. 1110 ment of Energy, to prescribe personnel S. 935, a bill to regulate .50 caliber At the request of Mr. ALLEN, the strengths for such fiscal year for the sniper weapons designed for the taking name of the Senator from Alaska (Mr. Armed Forces, and for other purposes. of human life and the destruction of STEVENS) was added as a cosponsor of f materiel, including armored vehicles S. 1110, a bill to amend the Federal STATEMENTS ON INTRODUCED and components of the Nation’s critical Hazardous Substances Act to require BILLS AND JOINT RESOLUTIONS infrastructure. engine coolant and antifreeze to con- S. 936 tain a bittering agent in order to By Mr. LUGAR (for himself and At the request of Mr. LEAHY, the render the coolant or antifreeze Mr. HAGEL): name of the Senator from Montana unpalatable. S. 1129. A bill to provide authoriza- (Mr. BURNS) was added as a cosponsor S. 1112 tions of appropriations for certain de- of S. 936, a bill to ensure privacy for e- At the request of Mr. GRASSLEY, the velopment banks, and for other pur- mail communications. name of the Senator from Mississippi poses; to the Committee on Foreign (Mr. COCHRAN) was added as a cospon- S. 962 Relations. sor of S. 1112, a bill to make permanent Mr. LUGAR. Mr. President, I rise At the request of Mr. GRASSLEY, the the enhanced educational savings pro- name of the Senator from Indiana (Mr. today to introduce legislation author- visions for qualified tuition programs izing replenishment of funds to three of LUGAR) was added as a cosponsor of S. enacted as part of the Economic 962, a bill to amend the Internal Rev- the five multilateral development Growth and Tax Relief Reconciliation enue Code of 1986 to allow a credit to banks, as requested by the U.S. Depart- Act of 2001. holders of qualified bonds issued to fi- ment of the Treasury. In addition, this nance certain energy projects, and for S. 1120 legislation includes a long list of re- At the request of Mr. DURBIN, the other purposes. form measures, intended to bring about name of the Senator from Ohio (Mr. transparency and accountability at all S. 985 DEWINE) was added as a cosponsor of S. of the MDBs—the World Bank, the Af- At the request of Mrs. CLINTON, the 1120, a bill to reduce hunger in the rican Development Bank, the Asian name of the Senator from Louisiana United States by half by 2010, and for Bank, the Inter-American Bank and (Ms. LANDRIEU) was added as a cospon- other purposes. the European Bank for Reconstruction sor of S. 985, a bill to establish kinship S. 1127 and Development. navigator programs, to establish kin- At the request of Ms. SNOWE, the The World Bank, was the first MDB ship guardianship assistance payments name of the Senator from Montana to be established in 1944, followed by for children, and for other purposes. (Mr. BAUCUS) was added as a cosponsor the African Development Bank, 1964 S. 1049 of S. 1127, a bill to require the Sec- and the Asian Development Bank, 1966. At the request of Mr. FRIST, the retary of Defense to submit to Con- The shared original purpose of the name of the Senator from gress all documentation related to the three banks was to encourage economic (Mr. BOND) was added as a cosponsor of Secretary’s recommendations for the development and reduce poverty in ge- S. 1049, a bill to amend title XXI of the 2005 round of defense base closure and ographic regions impacted by the re- Social Security Act to provide grants realignment. spective institutions. to promote innovative outreach and S.J. RES. 18 I support the original operating pur- enrollment under the medicaid and At the request of Mr. MCCONNELL, pose of the banks. However, I am deep- State children’s health insurance pro- the name of the Senator from Maine ly concerned that massive amounts of grams, and for other purposes. (Ms. COLLINS) was added as a cosponsor funds are not utilized as originally in- S. 1055 of S.J. Res. 18, a joint resolution ap- tended, due to diversion of those funds. At the request of Mr. KENNEDY, the proving the renewal of import restric- In 2003, I received information from names of the Senator from Iowa (Mr. tions contained in the Burmese Free- credible sources within the MDBs al- HARKIN), the Senator from Maryland dom and Democracy Act of 2003. leging corruption on various fronts. As (Ms. MIKULSKI), the Senator from S. CON. RES. 20 a result, I instructed staff of the Sen- Vermont (Mr. JEFFORDS), the Senator At the request of Mr. COCHRAN, the ate Foreign Relations Committee to from New Mexico (Mr. BINGAMAN), the name of the Senator from New Jersey commence collecting information on Senator from Washington (Mrs. MUR- (Mr. CORZINE) was added as a cosponsor the anti-corruption strategies, and suc- RAY), the Senator from Rhode Island of S. Con. Res. 20, a concurrent resolu- cesses of each bank. (Mr. REED) and the Senator from New tion expressing the need for enhanced Based on the initial findings, I York (Mrs. CLINTON) were added as co- public awareness of traumatic brain in- launched an investigation, reviewing sponsors of S. 1055, a bill to improve el- jury and support for the designation of corruption at the banks and their ef- ementary and secondary education. a National Brain Injury Awareness forts to combat it. To date, I have S. 1062 Month. chaired four hearings and sent letters At the request of Mr. KENNEDY, the S. RES. 153 of inquiry regarding individual projects name of the Senator from Delaware At the request of Mr. SESSIONS, the to the bank presidents. Committee (Mr. CARPER) was added as a cosponsor name of the Senator from Wyoming staff have interviewed scores of NGO of S. 1062, a bill to amend the Fair (Mr. THOMAS) was added as a cosponsor representatives, bank insiders, aca- Labor Standards Act of 1938 to provide of S. Res. 153, a resolution expressing demics and others, and have visited for an increase in the Federal min- the support of Congress for the obser- problem projects in six countries. Far imum wage. vation of the National Moment of Re- too often, projects intended to boost S. 1075 membrance at 3:00 pm local time on economic development are derailed, At the request of Mr. THUNE, the this and every Memorial Day to ac- and the poor suffer, unable to realize names of the Senator from New Jersey knowledge the sacrifices made on the projected benefits in quality health (Mr. LAUTENBERG) and the Senator behalf of all Americans for the cause of care, clean water and education. from West Virginia (Mr. ROCKEFELLER) liberty. While the United States is one of doz- were added as cosponsors of S. 1075, a AMENDMENT NO. 762 ens of donors, the financial contribu- bill to postpone the 2005 round of de- At the request of Mr. NELSON of Flor- tion of American taxpayers over the fense base closure and realignment. ida, the name of the Senator from Ar- years to these three institutions alone

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6024 CONGRESSIONAL RECORD — SENATE May 26, 2005 exceeds $30 billion. The Congress has are especially severe on the poor, who are ate and the Committee on International Re- an obligation to our own citizens, as hardest hit by economic decline, are most re- lations and the Committee on Financial well as the intended beneficiaries of liant on the provision of public services, and Services of the House of Representatives. MDB projects, to press for trans- are least capable of paying the extra costs (2) GROUP OF 7.—The term ‘‘Group of 7’’ associated with bribery, fraud, and the mis- means Canada, France, Germany, Italy, parency and accountability in the appropriation of economic privileges. Japan, the United Kingdom, and the United banks’ operations. (6) In hearings before the Foreign Rela- States. Through adoption of the package of tions Committee of the Senate, it was dem- (3) GROUP OF 8.—The term ‘‘Group of 8’’ reforms I propose, the United States onstrated that— means the Group of 7 and Russia. would set an example for other donor (A) significant multilateral development (4) MULTILATERAL DEVELOPMENT BANKS.— countries, encouraging their officials bank funding has been lost to corruption and The term ‘‘multilateral development banks’’ to also press for transparency and ac- it is difficult to ascertain such amount pre- means the African Development Bank, the countability. cisely, in part because the multilateral de- Asian Development Bank, the European I am pleased there is good news to re- velopment banks have not implemented pro- Bank for Reconstruction and Development, cedures to calculate such amounts, either in the Inter-American Development Bank, the port. The World Bank has embarked on the aggregate or on a country basis; World Bank, and any subsidiary or affiliate an anti-corruption voluntary coopera- (B) the multilateral development banks of such institutions. tion initiative, based in part on the are taking action to address fraud and cor- (5) PERSON.—The term ‘‘person’’ includes a Pentagon’s anticorruption efforts. In ruption but additional measures remain to government, a government-controlled enti- addition, leading government officials be carried out; ty, a corporation, a company, an association, from Italy, Spain and other countries (C) the capability of anti-corruption mech- a firm, a partnership, a society, and a joint have contacted the Committee, asking anisms are not consistent among the multi- stock company, as well as an individual. for more information about our review, lateral development banks and divergences (6) SECRETARY.—Except as otherwise pro- in anti-corruption policies exist that may vided, the term ‘‘Secretary’’ means the Sec- and comparing strategies on ways of hinder coordination on fighting corruption; retary of the Treasury. improving bank transparency. Finally, (D) weaknesses in whistleblower policy and (7) WORLD BANK.—The term ‘‘World Bank’’ we have witnessed incremental im- practice exist at the multilateral develop- means the International Bank for Recon- provements of greater transparency ment banks, to varying degree, that impede struction and Development, the Inter- among the banks as a result of the anti-fraud and anti-corruption efforts; national Development Association, the Committee’s ongoing work. (E) greater transparency is necessary to International Finance Corporation, and the However, there is more to accom- provide effective development aid; Multilateral Investment Guarantee Agency plish. This substantive package of re- (F) the Secretary of the Treasury encour- and any subsidiary or affiliate of such insti- forms is based on our findings to date, ages anti-corruption efforts at the multilat- tutions. eral development banks and reviews loans and the input of many who support the SEC. 4. REFORMS. made by such banks, however, the United (a) AUTHORITY.—The Secretary is author- original stated purpose of the multilat- States has limited ability to investigate the ized to seek the creation of a pilot program eral development banks. misuse of funds from such banks; and that establishes an Anti-Corruption Trust at The Committee’s oversight work con- (G) in some cases, the countries bearing the World Bank, as described in this section. tinues, with the goal of enduring re- the cost of prosecuting corruption related to (b) PURPOSES.—The purposes of the Anti- sults. the multilateral development banks are the Corruption Trust pilot program shall in- I ask unanimous consent that the countries that can least afford such costs, clude— text of the bill be printed in the for example, the Government of Lesotho in- (1) to assist poor countries in investiga- curred considerable expense, despite com- tions and prosecutions of fraud and corrup- RECORD. tion related to a loan, grant, or credit of the There being no objection, the bill was peting priorities, such as those arising from an HIV/AIDS rate of more than 25 percent in World Bank; and ordered to be printed in the RECORD, as that country, to investigate and prosecute (2) to determine whether such a program follows: fraud and corruption related to a project should be carried out at other multilateral S. 1129 that received funding from the World Bank development banks. Be it enacted by the Senate and House of Rep- and the World Bank did not contribute (c) REPAYMENT OF FUNDS.—If a poor coun- resentatives of the United States of America in money towards the prosecution or investiga- try assesses a fine or receives any renumera- Congress assembled, tion. tion as part of a prosecution paid for with SECTION 1. SHORT TITLE. (7) The General Accounting Office issued a funds from the Anti-Corruption Trust pilot This Act may be cited as the ‘‘Develop- report in 2001 that evaluated the external program, such country shall repay the ment Bank Reform and Authorization Act of audit reporting of the African Development amount received from the Trust until the 2005’’. Bank, the Asian Development Bank, the Eu- total amount received by such country is re- paid. SEC. 2. FINDINGS. ropean Bank for Reconstruction and Devel- opment, and the Inter-American Develop- (d) MONITORING.—The Secretary shall be Congress makes the following findings: responsible for establishing a system for (1) The United States has strong national ment Bank and a report in 2000 that evalu- ated the internal controls of the World Bank, monitoring the disbursement and use of security and humanitarian interests in alle- funds from the Anti-Corruption Trust pilot and recommended measures to strengthen viating poverty and promoting development program and promoting access to such funds such audit reporting and controls. around the world. by poor countries that are challenged by the (8) The International Financial Institu- (2) The World Bank, the African Develop- high cost of investigating and prosecuting tions Advisory Commission (also known as ment Bank, the Asian Development Bank, corruption and fraud linked to a loan from, the ‘‘Meltzer Commission’’) concluded in the European Bank for Reconstruction and or a project funded by, the World Bank. 2000, among other things, that— Development, and the Inter-American Devel- (e) OTHER DONORS.—The Secretary shall (A) pressure to lend for lending’s sake is opment Bank leverage the resources that the encourage other donors to the multilateral built into the structure of the multilateral United States and other donors can devote to development banks to contribute funds to development banks; such goals. the Anti-Corruption Trust. (3) Contributions from the United States (B) although several of the multilateral de- (f) POOR COUNTRIES DEFINED.—In this sec- and other donors to the multilateral develop- velopment banks recognize this problem and tion, the term ‘‘poor countries’’ means coun- ment banks must be well managed so that have called attention to the need for change, tries eligible to borrow from the Inter- the mission of such banks is fully realized there is, at most, weak counterbalance to national Development Association, as such and not undermined by corruption. Bribes the pressure to lend; and eligibility is determined by gross national can influence important bank decisions on (C) the multilateral development banks’ product per capita, lack of creditworthiness projects and contractors and misuse of funds systems for project evaluation, performance to borrow on market terms, and good policy can inflate project costs, cause projects to evaluation, and project selection must be performance. fail, and undermine development effective- improved, and that such evaluation should (g) REPORTS.— ness. be a repetitive process spread over time, in- (1) REPORT ON IMPLEMENTATION.—Not later (4) Officials of the World Bank have identi- cluding many years after final disbursement than September 1, 2006, the Secretary shall fied corruption as the single greatest obsta- of funds. submit to the appropriate congressional cle to economic and social development. Cor- SEC. 3. DEFINITIONS. committees a report that describes the ac- ruption undermines development by dis- In this Act: tions taken to establish the Anti-Corruption torting the rule of law and weakening the in- (1) APPROPRIATE CONGRESSIONAL COMMIT- Trust as described in this section. stitutional foundation on which economic TEES.—The term ‘‘appropriate congressional (2) REPORT ON EVALUATION.—Not later than growth depends. committees’’ means the Committee on For- September 1, 2007, the Secretary shall submit (5) Officials of the World Bank have deter- eign Relations and the Committee on Bank- to the appropriate congressional committees mined that the harmful effects of corruption ing, Housing, and Urban Affairs of the Sen- a report that—

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6025 (A) evaluates the effectiveness of the Anti- to inform the bank of the publication policy increase its focus on monitoring existing Corruption Trust pilot program; and described in paragraph (3), and use the voice loans. (B) evaluates the feasibility of establishing and vote of the United States to implement ‘‘(3) Each multilateral development bank similar trusts at other multilateral develop- such policy. shall continue strengthening whistleblower ment banks. ‘‘(3) PUBLICATION POLICY.— policies at the bank to the level of emerging (h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—The publication policy standards for national and international law There is authorized to be appropriated to the referred to in paragraph (2) is a policy that in the Sarbanes-Oxley Act of 2002 (15 U.S.C. Secretary such sums as may be necessary for each multilateral development bank shall— 7201 et seq.), the Inspector General Act of contribution on behalf of the United States ‘‘(i) make available to the public, including 1978 (5 U.S.C. App.), and the model approved to an Anti-Corruption Trust if a pilot pro- on the Internet Web site of such bank, the for member nations by the Organization of gram establishing such a Trust is established loan, credit, and grant documents, country American States to implement the Inter- as described in this section. assistance strategies, sector strategies, and American Convention Against Corruption, SEC. 5. PROMOTION OF POLICY GOALS AT MULTI- sector policies prepared by the bank that are done at Caracas on March 29, 1996. LATERAL DEVELOPMENT BANKS. to be presented for endorsement or approval ‘‘(4) All loan, credit, guarantee, and grant Title XV of the International Financial In- by the board of directors of the bank, 15 cal- documents and other agreements with bor- stitutions Act (22 U.S.C. 262o) is amended by endar days prior to the date that such docu- rowers shall include provisions for the finan- adding at the end the following: ment, strategy, or policy will be considered cial resources and conditionality necessary to ensure that a person who obtains financial ‘‘SEC. 1505. PROMOTION OF POLICY GOALS. by the board or, if not available at that time, support from a multilateral development ‘‘(a) DEFINITIONS.—In this section: at the time the documents are distributed to bank complies with applicable bank policies ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- the board; and national and international laws in car- TEES.—The term ‘appropriate congressional ‘‘(ii) make available to the public all draft rying out the terms and conditions of such committees’ means the Committee on For- country strategies 120 calendar days prior to documents and agreements, including bank eign Relations and the Committee on Bank- consideration of such strategies by the board policies and national and international laws ing, Housing, and Urban Affairs of the Sen- of directors of the bank; pertaining to the comprehensive assessment ate and the Committee on International Re- ‘‘(iii) make a concerted effort to distribute paper copies of the material referred to in and transparency of the activities supported, lations and the Committee on Financial such as those concerning public consulta- Services of the House of Representatives. clauses (i) and (ii) to communities affected by the documents referred to in such clauses; tion, access to information, public health, ‘‘(2) MULTILATERAL DEVELOPMENT BANKS.— safety, and environmental protection. The term ‘multilateral development banks’ ‘‘(iv) make available to the public, includ- ing on the Internet Web site of such bank, ‘‘(5) Each multilateral development bank means the African Development Bank, the shall develop clear procedures setting forth Asian Development Bank, the European the minutes of a meeting of the board of di- rectors of the bank, not later than 60 cal- the circumstances under which a person will Bank for Reconstruction and Development, be barred from receiving a loan, contract, the Inter-American Development Bank, the endar days after the date that the bank ap- proves the minutes of the board meeting; grant, or credit from such bank, shall make World Bank, and any subsidiary or affiliate such procedures available to the public, and of such institutions. ‘‘(v) make available to the public, includ- ing on the Internet Web site of such bank, a shall make the identities of such person ‘‘(3) PERSON.—The term ‘person’ includes a available to the public. summary of discussion of the meeting of the government, a government-controlled enti- ‘‘(6) Each multilateral development bank board of directors of the bank, not later than ty, a corporation, a company, an association, shall coordinate policies across international 90 calendar days after the date of the meet- a firm, a partnership, a society, and a joint institutions on issues including debarment, ing; stock company, as well as an individual. cross-debarment, procurement and consult- ‘‘(vi) keep a written transcript or elec- ‘‘(4) SECRETARY.—Except as otherwise pro- ant guidelines, and fiduciary standards so tronic recording of each meeting of its board vided, the term ‘Secretary’ means the Sec- that a person that is debarred by one multi- of directors and preserve the transcript or retary of the Treasury. lateral development bank is automatically recording for not less than 10 years after the ‘‘(5) WORLD BANK.—The term ‘World Bank’ declared ineligible to conduct business with date of such meeting; and means the International Bank for Recon- the other multilateral development banks ‘‘(vii) make available to the public a writ- struction and Development, the Inter- during the specified ineligibility period. ten transcript or an electronic recording of a national Development Association, the ‘‘(d) ANTI-CORRUPTION PRACTICES.— meeting of the board of directors of the bank International Finance Corporation, and the ‘‘(1) VOICE AND VOTE.—The Secretary shall Multilateral Investment Guarantee Agency, during the 5-year period beginning on the instruct the United States Executive Direc- and any subsidiary or affiliate of such insti- date that is 5 years after the date of the tor at each multilateral development bank tutions. meeting. to inform the bank of the United States anti- ‘‘(b) TRANSPARENCY.— ‘‘(B) REDACTED MATERIAL.—The president corruption policy described in paragraph (2), ‘‘(1) PUBLICATION OF STATEMENTS.— of a multilateral development bank may re- and use the voice and vote of the United ‘‘(A) IN GENERAL.—Not later than 60 cal- dact material from the material to be made States to implement such policy at the bank. available under subparagraph (A) if the endar days after a meeting of the board of di- ‘‘(2) ANTI-CORRUPTION POLICY.—The anti- rectors of a multilateral development bank, president of a multilateral development corruption policy referred to in paragraph (1) the Secretary shall provide for publication bank determines such material is too sen- is the United States policy that a person on the Internet Web site of the Department sitive for public distribution. that receives money from a multilateral de- of the Treasury of— ‘‘(c) STRENGTHENING DEVELOPMENT BANK velopment bank shall sign a code of conduct ‘‘(i) the justification for each vote by the ADMINISTRATION.—The Secretary shall in- that embodies the standards set out in sec- United States Executive Director at the mul- struct the United States Executive Director tion 104 of the Foreign Corrupt Practices Act tilateral development bank on any matter at each multilateral development bank to in- of 1977 (15 U.S.C. 78dd–2), and that prohibits before the board of directors of the bank; and form the bank of, and use the voice and vote such person from corruptly in furtherance of ‘‘(ii) any written statement presented at of the United States to achieve at the bank, an offer, payment, promise to pay, or author- the meeting by such United States Executive the following United States policy goals: ization of the payment of any money, or Director at the bank concerning— ‘‘(1) Each multilateral development bank offer, gift, promise to give, or authorization ‘‘(I) a lending, grant, or guarantee oper- shall require mandatory financial disclosure of the giving of anything of value to any offi- ation which would result or be likely to re- of any possible or apparent conflict of inter- cial for purposes, directly or indirectly— sult in significant social or environmental est by each employee of the bank, consultant ‘‘(A)(i) influencing any act or decision of effects; to the bank, or independent expert to the such official in his or her official capacity; ‘‘(II) an institutional policy or strategy of bank whose duties and responsibilities in- ‘‘(ii) supporting any political party, polit- the bank that generates significant public clude, through decision or the exercise of ical entity, any official of a political party, interest, including operational policies and judgment, the taking of any action regard- or any candidate for political office; sector or thematic strategies; ing— ‘‘(iii) inducing such official to do or omit ‘‘(III) a project on which a claim has been ‘‘(A) contracting or procurement; to do any act in violation of the lawful duty made to the inspection mechanism of the ‘‘(B) developing, administering, managing, of such official; or bank; or or monitoring loans, grants, programs, ‘‘(iv) securing any improper advantage; or ‘‘(IV) a case pending before the inspection projects, subsidies, or other conferred finan- ‘‘(B) inducing such official to use the offi- mechanism of the bank. cial or operational benefits provided by the cial’s influence with a government or instru- ‘‘(B) REDACTED MATERIAL.—The Secretary bank; or mentality thereof, to affect or influence any may redact material from the material to be ‘‘(C) evaluating or auditing any project, act or decision of such government or instru- made available under subparagraph (A) if the program or entity. mentality, Secretary determines such material is too ‘‘(2) Each multilateral development bank in order to assist such person in obtaining or sensitive for public distribution. shall reform the ‘pressure to lend’ incentive retaining business for or with, or directing ‘‘(2) VOICE AND VOTE.—The Secretary shall structure at such bank by linking project de- business to, any other person. instruct the United States Executive Direc- sign and implementation to staff perform- ‘‘(e) STRENGTHENING DEVELOPMENT BANK tor at each multilateral development bank ance appraisals and shall require that staff AUDITING.—

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6026 CONGRESSIONAL RECORD — SENATE May 26, 2005

‘‘(1) VOICE AND VOTE.—The Secretary shall per year as a percentage of total projects tar sands, coal, any metal, mineral, or tim- instruct the United States Executive Direc- carried out. ber; tor at each multilateral development bank ‘‘(2) Each multilateral development bank ‘‘(B) the independent auditing of such pay- to inform the bank of, and use the voice and shall require that all loans, grants, credits, ments and such revenues by a credible, inde- vote of the United States to achieve at the policies, and strategies, including budget pendent auditor, applying international au- bank, the following United States policy support, prepared by the bank include spe- diting standards, and the widespread regular goals: cific outcome and output indicators to meas- public dissemination of the auditor’s find- ‘‘(A) Each multilateral development bank ure results, and that the indicators and re- ings, including a reconciliation of aggregate shall— sults be published periodically during the payments and revenues; ‘‘(i) establish an independent Office of an execution and at the completion of the ap- ‘‘(C) verifying such revenues against the Inspector General, establish or strengthen an propriate project or program, and at the records for such payments made by each per- independent auditing function at the bank, number of years after such completion deter- son, including widespread dissemination of and require that the Inspector General and mined to be appropriate for such loan, grant, aggregate payment information in a manner the auditing function report directly to the credit, policy, or strategy. that protects proprietary information, that board of directors of the bank; and ‘‘(3) Each multilateral development bank observes the law of the borrowing country, ‘‘(ii) adopt and implement an internation- shall promote rigorous evaluation of projects and that the person determines does not ally recognized internal controls framework, and policies to ensure that the intent of such cause substantial competitive harm; allocate adequate staffing to auditing and projects and policies is realized. Such a bank ‘‘(D) making available to the public all supervision, require external audits of inter- shall favor grants and loans to applicants contracts between the government of such nal controls, and external and forensic au- who agree, in consultation with an inde- country or any person owned or controlled dits of loans where fraud is suspected. pendent evaluator or evaluators, to design by such government, and any person that is ‘‘(B) Each multilateral development bank projects to facilitate the evaluation of out- engaged in the extraction or export of nat- shall establish a plan and schedule for con- comes. Rigorous evaluations shall measure ural resources through a project or program ducting regular, independent audits of inter- the impact on those served by a loan, grant, supported by a bank, unless the person deter- nal management controls and procedures for or credit and shall have a carefully con- mines such disclosure would cause substan- meeting operational objectives, complying structed comparison group to help measure tial competitive harm; with the policies of such bank, and pre- the impacts of the loan, grant, or credit. ‘‘(E) applying the revenue transparency ap- venting fraud, and making reports describing ‘‘(h) QUALIFICATION POLICY.— proach described in this paragraph equally the scope and findings of such audits avail- ‘‘(1) VOICE AND VOTE.—The Secretary shall and fully to all extractive industry compa- able to the public. instruct the United States Executive Direc- nies operating in the country, including ‘‘(C) Each multilateral development bank tor at each multilateral development bank state-owned entities; and shall establish effective procedures for the to encourage the bank to implement the ‘‘(F) establishing a legal framework for receipt, retention, and treatment of— qualification policy for borrowing countries disclosure of payments from a person or con- ‘‘(i) complaints received by the bank re- described in paragraph (2), and use the voice tracts with a person and outlining the level garding fraud, accounting, mismanagement, and vote of the United States to achieve and extent of disclosure or payment informa- internal accounting controls, or auditing such policy at each bank. tion by companies in the extractive indus- tries. matters; and ‘‘(2) QUALIFICATION POLICY FOR BORROWING ‘‘(2) REQUIREMENTS FOR OTHER NATURAL RE- ‘‘(ii) the confidential, anonymous submis- COUNTRIES.—The qualification policy for bor- SOURCE ASSISTANCE.—The Secretary shall in- sion, particularly by employees of the bank, rowing countries referred to in paragraph (1) form the management of each multilateral of concerns regarding fraud, accounting, is a policy that requires, in addition to the development bank and the public that it is mismanagement, internal accounting con- standards in effect on the date of the enact- the policy of the United States that any as- trols, or auditing matters. ment of the Development Bank Reform and sistance, including any investment, loan, or ‘‘(D) Each multilateral development bank Authorization Act of 2005, each multilateral guarantee, provided by such a bank to pri- shall post on the Internet Web site of such development bank to qualify a country for budget support, adjustment lending, policy vate sector sponsors for the extraction or ex- bank an annual report containing statistical port of natural resources in a resource-de- summaries and case studies of the fraud and lending for non-project loans, grants, or credits, or other loans directed to the coun- pendent country shall only be provided if the corruption cases pursued by the bank’s in- government of the country has in place or is vestigations unit. try’s budget based on transparency in pro- curement and fiduciary requirements and re- taking necessary steps to establish the func- ‘‘(f) COMPENSATION PACKAGES FOR PEOPLE tioning systems described in subparagraphs NEGATIVELY AFFECTED BY DEVELOPMENT quiring the borrowing country to make its budget available to the public before funds (A) through (F) in paragraph (1) and if the BANK PROJECTS.— private sector sponsors of such projects pub- ‘‘(1) VOICE AND VOTE.—The Secretary shall are disbursed to that country. ‘‘(i) MICROFINANCE AND BUSINESS DEVELOP- licly disclose revenue payments made to the instruct the United States Executive Direc- MENT.—The Secretary shall inform the man- government of such country, in accordance tor at each multilateral development bank agement of each multilateral development with the laws of such country regarding the to inform the bank of the United States pol- bank and the public that it is the policy of required level and extent of such disclosure. icy goals related to compensation described the United States to encourage microfinance ‘‘(3) COMPLIANCE WITH TRANSPARENCY in paragraph (2), and use the voice and vote services for the poor and very poor (as that GUIDELINES PRIOR TO APPROVAL OF ASSIST- of the United States to implement such pol- term is defined in section 259 of the Foreign ANCE.—In furtherance of the policy described icy at the bank. Assistance Act of 1961 (22 U.S.C. 2214a)), and in paragraph (1), not later than 2 years after ‘‘(2) COMPENSATION POLICY.—The compensa- micro-, small-, and medium-enterprise devel- the date of the enactment of the Develop- tion policy referred to in paragraph (1) is a opment programs, particularly in a country ment Bank Reform and Authorization Act of policy that each multilateral development where the government of such country ranks 2005, the Secretary shall inform the manage- bank shall, for each project funded by the poorly in the World Bank Institute’s govern- ment of each multilateral development bank bank where compensation, including reset- ance indicators. and the public that it is the policy of the tlement or rehabilitation assistance, is to be ‘‘(j) RESOURCE DEPENDENT COUNTRY REV- United States that any assistance by such a provided to persons adversely impacted by ENUE TRANSPARENCY.— bank, including any investment, loan, credit, the project, require that an independent ‘‘(1) REQUIREMENTS FOR RESOURCE ASSIST- grant, or guarantee, other than humani- mechanism be established for, or included in ANCE FOR A GOVERNMENT.—The Secretary tarian assistance, assistance to address HIV/ the design of, the project to receive and adju- shall inform the management of each multi- AIDS, tuberculosis, or malaria or to provide dicate complaints from a person who is eligi- lateral development bank and the public food, to any government of a resource-de- ble for compensation if such person, not that it is the policy of the United States that pendent country or for any project located in more than 6 years after the date of the com- any assistance provided by a such bank in- such country, shall not be provided unless pletion of the project, finds that the com- cluding any investment, loan, credit, grant, the bank, prior to the approval of such as- pensation is either inadequate or improperly or guarantee, to a government of a resource- sistance, has— implemented. dependent country or for any project located ‘‘(A) determined that the government has ‘‘(g) EVALUATION.—The Secretary shall in- in a resource-dependent country, other than in place the systems described in subpara- struct the United States Executive Director humanitarian assistance, assistance to ad- graphs (A) through (F) of paragraph (1), at each multilateral development bank to in- dress HIV/AIDS, tuberculosis, malaria or based on all information that is relevant, ap- form the bank of, and use the voice and vote food aid, may not be provided unless the gov- plicable and reasonably available to the of the United States to achieve at the bank, ernment has in place or is taking the nec- bank, including, the views of other inter- the following goals: essary steps to establish functioning systems national financial institutions active in such ‘‘(1) Each multilateral development bank for— country and the views of civil society organi- shall make the results of project and non- ‘‘(A) accurately accounting for all revenues zations that are active within and outside project operations evaluations available to received by a borrowing government from a such country; the public, including through the Internet person and all payments to a government in ‘‘(B) determined that private sector spon- Web site of the bank and including informa- connection with the extraction or export of sors of projects for the extraction and export tion on the quantity of projects evaluated natural resources, such as gas, oil, oil shale, of natural resources have agreed to publicly

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6027 disclose revenue payments to host govern- (2) the Secretary should seek to conclude thorized by paragraph (1) shall be effective ments; and memorandums of understanding with the only to such extent or in such amounts as ‘‘(C) made available to the public the find- multilateral development banks to ensure are provided in advance in appropriations ings and conclusions identifying the infor- that the United States will have access to Acts. mation taken into consideration in making documents related to information described ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— such determinations and the reasons for such in paragraph (1); and For the contribution authorized by sub- determinations. (3) the Secretary of the Treasury should fa- section (a), there are authorized to be appro- ‘‘(4) RESOURCE-DEPENDENT COUNTRY DE- cilitate access by the Comptroller General of priated, without fiscal year limitation, FINED.—In this subsection, the term ‘re- the United States to the financial informa- $407,000,000 for payment by the Secretary of source-dependent country’ means a country tion described in paragraph (1). the Treasury.’’. that has— (b) REPORT ON EFFECTIVENESS OF MULTI- (c) ASIAN DEVELOPMENT FUND OF THE ASIAN ‘‘(A) an average share of natural resource- LATERAL DEVELOPMENT BANKS.—Not later DEVELOPMENT BANK.—The Asian Develop- derived fiscal revenues of at least 25 percent than 3 years after the date of the enactment ment Bank Act (22 U.S.C. 285 et seq.) is of the total fiscal revenues during the pre- of this Act, the Comptroller General of the amended by adding at the end the following ceding 3-year period; or United States shall— new section: ‘‘(B) an average share of natural resource (1) conduct a review of the effectiveness of ‘‘SEC. 32. EIGHTH REPLENISHMENT. export proceeds of at least 25 percent of the each multilateral development bank in ‘‘(a) CONTRIBUTION AUTHORITY.— total export proceeds during the preceding 3- achieving the mission of such bank as set ‘‘(1) IN GENERAL.—The United States Gov- year period.’’. out in the articles of agreement of such ernor of the Bank is authorized to contribute SEC. 6. SENSE OF CONGRESS ON THE EXTRAC- bank, specifically poverty reduction and eco- on behalf of the United States $461,000,000 to TIVE INDUSTRY TRANSPARENCY INI- nomic development; and the eighth replenishment of the resources of TIATIVE AND G–8 AGREEMENTS. (2) submit to the appropriate congressional It is the sense of Congress that— the Fund. committees a report on the findings of the ‘‘(2) SUBJECT TO APPROPRIATIONS.—Any (1) the President should continue pro- review. moting the Extractive Industry Trans- commitment to make the contribution au- (c) REPORT ON CONSISTENCY OF MULTILAT- thorized by paragraph (1) shall be effective parency Initiative as one approach to help ERAL DEVELOPMENT BANK PRACTICES WITH only to such extent or in such amounts as ensure that the revenues from extractive in- STATUTORY POLICIES.—Not later than 3 years are provided in advance in appropriations dustries contribute to sustainable develop- after the date of the enactment of this Act, Acts. ment and poverty reduction, as such Initia- the Comptroller General of the United States ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— tive is a voluntary initiative intended— shall prepare and submit to the appropriate For the contribution authorized by sub- (A) to promote greater transparency of de- congressional committees a report on the ex- section (a), there are authorized to be appro- veloping country government revenues and tent to which the practices of the multilat- priated, without fiscal year limitation, expenditures, procurement, concession- eral development banks are consistent with $461,000,000 for payment by the Secretary of granting systems; and the policies of the United States, as ex- the Treasury.’’. (B) to work to recover stolen assets and en- pressly contained in Federal law applicable force antibribery laws; to the multilateral development banks. SEC. 9. ANNUAL REPORTS. (2) the United States should encourage the (d) REPORT ON REFORMS AT THE MULTILAT- (a) INITIAL REPORT.—Not later than Sep- continued work of the G–8 to promote the ERAL DEVELOPMENT BANKS.—Not later than 1 tember 1, 2006, the Secretary shall submit a Extractive Industries Transparency Initia- year after the date of the enactment of this report to the appropriate congressional com- tive; and Act, the Comptroller General of the United mittees the describes the actions taken by (3) the United States should support and States shall prepare and submit to the ap- the United States Executive Director at each encourage the carrying out of the agree- propriate congressional committees a report multilateral development bank to imple- ments of the G–8 made at the 2004 Summit at on the extent of the implementation of the ment the policy goals described in this Act Sea Island, Georgia, and at the 2003 Summit reforms called for by the Group of 8 or by the and the amendments made by this Act and at Evian, France, to promote transparency Group of 7, starting with the 2000 Okinawa any other actions that should be taken to in public budgets, including revenues and ex- Summit, as delineated in communique´s, implement such goals. penditures, government procurement, public chairman’s statements, and other official (b) UPDATES.—The Secretary shall submit concessions, the granting of licenses with communication through the summit or fi- to the appropriate congressional committees special emphasis on countries with large ex- nance ministerial processes of the Group of 8 an annual update of the report required by tractive industries sectors, including the or the Group of 7. subsection (a) for each of the fiscal years agreements made at the Summit at Sea Is- SEC. 8. CONTRIBUTIONS TO MULTILATERAL DE- 2007, 2008, and 2009. land which specifically— VELOPMENT BANKS. (A) support the efforts of the Public Ex- (a) WORLD BANK.—The International Devel- By Mr. CRAIG: penditure and Financial Accountability pro- opment Association Act (22 U.S.C. 284 et S. 1131. A bill to authorize the ex- gram at the World Bank to help developing seq.) is amended by adding at the end the fol- change of certain Federal land within countries achieve accountability in public fi- lowing new section: the State of Idaho, and for other pur- nance and expenditure and to extend har- ‘‘SEC. 23. FOURTEENTH REPLENISHMENT. poses; to the Committee on Energy and monized approaches to the assessment and ‘‘(a) CONTRIBUTION AUTHORITY.— reform of their public financial, account- ‘‘(1) IN GENERAL.—The United States Gov- Natural Resources. ability, and procurement systems; ernor of the Association is authorized to con- Mr. CRAIG. Mr. President, I rise (B) invite developing countries to prepare tribute on behalf of the United States today to introduce the Idaho Land En- anticorruption action plans to implement $2,850,000,000 to the fourteenth replenishment hancement Act of 2005. Simply put, the commitments of such countries in re- of the resources of the Association. this legislation directs the Secretaries gional and international conventions; and ‘‘(2) SUBJECT TO APPROPRIATIONS.—Any of Agriculture and Interior to exchange (C) achieve agreement on full disclosure of commitment to make the contribution au- land with the State of Idaho involving the World Bank International Development thorized by paragraph (1) shall be effective key parcels of land from the Boise Association’s Country Policy and Institu- only to such extent or in such amounts as tional Assessment results, with disclosure to are provided in advance in appropriations Foothills to North Idaho. begin with the 2005 ratings. Acts. The proposed exchange is exceptional SEC. 7. REPORTS FROM THE GOVERNMENT AC- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— in many respects. First, the concept for COUNTABILITY OFFICE. For the contribution authorized by sub- the proposed land exchange originated (a) SENSE OF CONGRESS ON ACCESS TO IN- section (a), there are authorized to be appro- from a local conservation effort led by FORMATION.—It is the sense of Congress priated, without fiscal year limitation, the city of Boise and local conservation that— $2,850,000,000 for payment by the Secretary of groups including the Idaho Conserva- (1) to evaluate the compliance of the mul- the Treasury.’’. tilateral development banks with the poli- (b) AFRICAN DEVELOPMENT BANK FUND.— tion League. Since the late 1960’s the cies of the United States described in section The African Development Fund Act (22 issue of conserving the Boise Foothills 1505 of the International Financial Institu- U.S.C. 290g et seq.) is amended by adding at has been a significant concern of the tions Act, as added by section 5 of this Act, the end the following new section: community. Conservation efforts have and to prepare the reports required by this ‘‘SEC. 218. TENTH REPLENISHMENT. continued to grow in support within section, the Comptroller General of the ‘‘(a) CONTRIBUTION AUTHORITY.— the community, culminating in May United States should have full and complete ‘‘(1) IN GENERAL.—The United States Gov- 2001 with the citizens of Boise, in one of access to financial information relating to ernor of the Fund is authorized to contribute the highest voter turnouts in city his- the multilateral development banks, includ- on behalf of the United States $407,000,000 to ing information related to the performance, the tenth replenishment of the resources of tory, electing to tax themselves in accountability, oversight, financial trans- the Fund. order to provide funding to secure per- actions, organization, and activities of the ‘‘(2) SUBJECT TO APPROPRIATIONS.—Any manent public open space in the Boise multilateral development banks; commitment to make the contribution au- Foothills.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6028 CONGRESSIONAL RECORD — SENATE May 26, 2005 Next, the collaboration between the by many of my friends and colleagues, Cosmetic surgery, in contrast, is de- city of Boise, the State of Idaho, the including Senators LANDRIEU, DEWINE, fined by the American Medical Asso- Forest Service and the Bureau of Land SNOWE, COCHRAN, VITTER and BAYH. ciation as being performed to reshape Management has produced an agree- Imagine being a parent with a child normal structures of the body in order ment that has yielded a proposal bene- who has a cleft lip and palate or an- to improve the patient’s appearance fiting the State’s endowment bene- other more severe congenital facial de- and self-esteem. ficiaries while addressing the common formity that requires reconstructive Children born with deformities threats of fire and hazardous fuels, surgery to achieve a sense of normalcy should receive the help they need and invasive species, habitat fragmentation and function. Now imagine receiving a this legislation will make it happen. I and unmanaged recreation associated letter from your insurance carrier that look forward to working with my col- with urban interface with Federal states the following: leagues to pass this legislation that lands. The proposal uses both Bureau The reviewer determined that although the will improve the quality of life for chil- of Land Management and Forest Serv- procedures listed above would enhance the dren born with congenital deformities. ice land to balance an exchange with appearance of the patient, the procedures listed are not necessary to correct a func- I urge my colleagues to join me in sup- Idaho State Endowment lands on an porting this legislation. equal value basis. tional disorder and therefore do not meet the Last, the process has been open, criteria for benefits as outlined in the med- I ask unanimous consent that the ical plan. transparent, and has wide support text of the bill be printed in the throughout the State. The city of Boise Unfortunately, there are numerous RECORD. has facilitated public meetings, pro- examples of children and families There being no objection, the bill was vided opportunities for public com- around the country that have been con- ordered to be printed in the RECORD, as ment, and has made the maps of the ex- fronted with this kind of heart wrench- follows: change available to the public. The ing situation. Examples of congenital S. 1132 City has met with all of the affected deformities include cleft lip, cleft pal- tribes and counties. In addition, the ate, skin lesions, vascular anomalies, Be it enacted by the Senate and House of Rep- multi-agency group completed evalua- malformations of the ear, hand, or resentatives of the United States of America in tions of timber values, minerals, cul- foot, and other more profound Congress assembled, craniofacial deformities. It is essential tural resources, water rights, legal ac- SECTION 1. SHORT TITLE. cess, wildlife, fisheries, vegetation, hy- for children with these problems to re- ceive timely surgical care in order to This Act may be cited as the ‘‘Treatment drology, wetlands, threatened and en- of Children’s Deformities Act of 2005’’. dangered species, and specific habitat. have a chance at leading normal, The evaluations show that no major healthy, happy lives. And yet, an in- SEC. 2. COVERAGE OF MINOR CHILD’S CON- creasing number of kids go without life GENITAL OR DEVELOPMENTAL DE- environmental effect will occur as a re- FORMITY OR DISORDER. sult of the exchange. In fact, The Na- changing treatment because treatment is regarded as ‘‘cosmetic’’ or ‘‘non- (a) GROUP HEALTH PLANS.— ture Conservancy independently re- (1) PUBLIC HEALTH SERVICE ACT AMEND- viewed the data and compared it to functional.’’ It’s unfortunate that legislation is MENTS.— their eco-regional planning efforts and (A) IN GENERAL.—Subpart 2 of part A of concluded that the exchange has ‘‘lim- necessary. However, this legislation title XXVII of the Public Health Service Act ited potential to impact biodiversity will ensure that children who are born (42 U.S.C. 300gg–4 et seq.) is amended by add- values’’ and they support the exchange. with a congenital deformity—whether ing at the end the following: a cleft lip and palate or a more severe The city of Boise has made a substan- ‘‘SEC. 2707. STANDARDS RELATING TO BENEFITS tial investment of local property tax deformity—receive the reconstructive FOR MINOR CHILD’S CONGENITAL dollars in the facilitation of this land surgery they need to achieve a sense of OR DEVELOPMENTAL DEFORMITY OR DISORDER. exchange package. This exchange will normalcy and function. complete a statewide collaborative According to the March of Dimes, ‘‘(a) REQUIREMENTS FOR RECONSTRUCTIVE process that represents a legacy of 150,000 newborns suffer from birth de- SURGERY.— local, State and Federal cooperation fects each year. Of the 150,000 born, ap- ‘‘(1) IN GENERAL.—A group health plan, and proximately 50,000 require reconstruc- a health insurance issuer offering group benefiting land management interests health insurance coverage, that provides throughout the State. tive surgery. Although surgeons are able to correct many of these problems, coverage for surgical benefits shall provide This exchange will enhance land in coverage for outpatient and inpatient diag- both the northern and southern parts an increasing number of these children nosis and treatment of a minor child’s con- of the State. It is an example of how are denied access to care by the label- genital or developmental deformity, disease, local, State, and Federal partners can ing of the procedures as ‘‘cosmetic’’ or or injury. A minor child shall include any in- come together to collaboratively de- ‘‘non-functional’’ in nature. dividual through 21 years of age. velop an exchange in which the public A common Federal definition of re- ‘‘(2) REQUIREMENTS.—Any coverage pro- constructive surgery, based on the vided under paragraph (1) shall be subject to and the land are the ultimate bene- pre-authorization or pre-certification as re- ficiaries. American Medical Association’s defini- tion, will help clarify coverage nation- quired by the plan or issuer, and such cov- erage shall include any surgical treatment By Mr. COLEMAN (for himself, ally and reduce the delay for children which, in the opinion of the treating physi- Ms. LANDRIEU, Mr. DEWINE, Ms. in need of surgery. cian, is medically necessary to approximate SNOWE, Mr. COCHRAN, Mr. VIT- It is essential for children with these a normal appearance. TER, Mr. BAYH, and Mr. SMITH): problems to receive timely surgical ‘‘(3) TREATMENT DEFINED.— S. 1132. A bill to amend the Public care in order to have a chance at lead- ‘‘(A) IN GENERAL.—In this section, the term Health Service Act, the Employee Re- ing normal, healthy, and happy lives. ‘treatment’ includes reconstructive surgical tirement Income Security Act of 1974, Also, many times these surgeries are procedures (procedures that are generally best performed while children are performed to improve function, but may also and the Internal Revenue Code of 1986 be performed to approximate a normal ap- to require that group and individual young and their bodies can more read- pearance) that are performed on abnormal health insurance coverage and group ily recover and respond to the correc- structures of the body caused by congenital health plans provide coverage for treat- tive surgery. defects, developmental abnormalities, trau- ment of a minor child’s congenital or The Treatment of Children’s Deform- ma, infection, tumors, or disease, including— developmental deformity or disorder ities Act differentiates between cos- ‘‘(i) procedures that do not materially af- due to trauma, infection, tumor, or dis- metic and reconstructive surgery. The fect the function of the body part being ease; to the Committee on Health, Edu- legislation defines reconstructive sur- treated; and gery as that being performed on abnor- ‘‘(ii) procedures for secondary conditions cation, Labor, and Pensions. and follow-up treatment. Mr. COLEMAN. Mr. President, I am mal structures of the body, caused by ‘‘(B) EXCEPTION.—Such term does not in- pleased today to be introducing the bi- congenital defects, developmental ab- clude cosmetic surgery performed to reshape partisan Treatment of Children’s De- normalities, trauma, infection, tumors normal structures of the body to improve ap- formities Act. I am pleased to be joined or disease. pearance or self-esteem.

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‘‘(b) NOTICE.—A group health plan under ‘‘Sec. 714. Standards relating to benefits for procedures (procedures that are generally this part shall comply with the notice re- minor child’s congenital or de- performed to improve function, but may also quirement under section 714(b) of the Em- velopmental deformity or dis- be performed to approximate a normal ap- ployee Retirement Income Security Act of order’’. pearance) that are performed on abnormal 1974 with respect to the requirements of this (3) INTERNAL REVENUE CODE AMENDMENTS.— structures of the body caused by congenital section as if such section applied to such Subchapter B of chapter 100 of the Internal defects, developmental abnormalities, trau- plan.’’. Revenue Code of 1986 is amended— ma, infection, tumors, or disease, including— ‘‘(i) procedures that do not materially af- (B) CONFORMING AMENDMENT.—Section (A) in the table of sections, by inserting 2723(c) of the Public Health Service Act (42 after the item relating to section 9812 the fect the function of the body part being U.S.C. 300gg–23(c)) is amended by striking following: treated; and ‘‘section 2704’’ and inserting ‘‘sections 2704 ‘‘Sec. 9813. Standards relating to benefits for ‘‘(ii) procedures for secondary conditions and 2707’’. minor child’s congenital or de- and follow-up treatment. ‘‘(B) EXCEPTION.—Such term does not in- (2) ERISA AMENDMENTS.— velopmental deformity or dis- clude cosmetic surgery performed to reshape (A) IN GENERAL.—Subpart B of part 7 of order’’; and normal structures of the body to improve ap- subtitle B of title I of the Employee Retire- (B) by inserting after section 9812 the fol- ment Income Security Act of 1974 (29 U.S.C. pearance or self-esteem. lowing: ‘‘(b) NOTICE.—A health insurance issuer 1185 et seq.) is amended by adding at the end ‘‘SEC. 9813. STANDARDS RELATING TO BENEFITS under this part shall comply with the notice the following: FOR MINOR CHILD’S CONGENITAL requirement under section 714(b) of the Em- OR DEVELOPMENTAL DEFORMITY ‘‘SEC. 714. STANDARDS RELATING TO BENEFITS OR DISORDER. ployee Retirement Income Security Act of 1974 with respect to the requirements re- FOR MINOR CHILD’S CONGENITAL ‘‘(a) REQUIREMENTS FOR RECONSTRUCTIVE OR DEVELOPMENTAL DEFORMITY ferred to in subsection (a) as if such section SURGERY.— OR DISORDER. applied to such issuer and such issuer were a ‘‘(1) IN GENERAL.—A group health plan, and group health plan.’’. ‘‘(a) REQUIREMENTS FOR RECONSTRUCTIVE a health insurance issuer offering group (2) CONFORMING AMENDMENT.—Section SURGERY.— health insurance coverage, that provides 2762(b)(2) of the Public Health Service Act (42 ‘‘(1) IN GENERAL.—A group health plan, and coverage for surgical benefits shall provide a health insurance issuer offering group coverage for outpatient and inpatient diag- U.S.C. 300gg–62(b)(2)) is amended by striking health insurance coverage, that provides nosis and treatment of a minor child’s con- ‘‘section 2751’’ and inserting ‘‘sections 2751 coverage for surgical benefits shall provide genital or developmental deformity, disease, and 2753’’. (c) EFFECTIVE DATES.— coverage for outpatient and inpatient diag- or injury. A minor child shall include any in- (1) GROUP HEALTH COVERAGE.—The amend- nosis and treatment of a minor child’s con- dividual through 21 years of age. ments made by subsection (a) shall apply genital or developmental deformity, disease, ‘‘(2) REQUIREMENTS.—Any coverage pro- with respect to group health plans for plan or injury. A minor child shall include any in- vided under paragraph (1) shall be subject to years beginning on or after January 1, 2006. dividual through 21 years of age. pre-authorization or pre-certification as re- (2) INDIVIDUAL HEALTH COVERAGE.—The ‘‘(2) REQUIREMENTS.—Any coverage pro- quired by the plan or issuer, and such cov- amendment made by subsection (b) shall vided under paragraph (1) shall be subject to erage shall include any surgical treatment apply with respect to health insurance cov- pre-authorization or pre-certification as re- which, in the opinion of the treating physi- erage offered, sold, issued, renewed, in effect, quired by the plan or issuer, and such cov- cian, is medically necessary to approximate or operated in the individual market on or erage shall include any surgical treatment a normal appearance. ‘‘(3) TREATMENT DEFINED.— after such date. which, in the opinion of the treating physi- (d) COORDINATED REGULATIONS.—Section ‘‘(A) IN GENERAL.—In this section, the term cian, is medically necessary to approximate 104(1) of Health Insurance Portability and a normal appearance. ‘treatment’ includes reconstructive surgical procedures (procedures that are generally Accountability Act of 1996 (42 U.S.C. 300gg–92 ‘‘(3) TREATMENT DEFINED.— note) is amended by striking ‘‘this subtitle performed to improve function, but may also ‘‘(A) IN GENERAL.—In this section, the term (and the amendments made by this subtitle be performed to approximate a normal ap- ‘treatment’ includes reconstructive surgical and section 401)’’ and inserting ‘‘the provi- pearance) that are performed on abnormal procedures (procedures that are generally sions of part 7 of subtitle B of title I of the structures of the body caused by congenital performed to improve function, but may also Employee Retirement Income Security Act defects, developmental abnormalities, trau- be performed to approximate a normal ap- of 1974, the provisions of parts A and C of ma, infection, tumors, or disease, including— pearance) that are performed on abnormal title XXVII of the Public Health Service Act, ‘‘(i) procedures that do not materially af- structures of the body caused by congenital and chapter 100 of the Internal Revenue Code fect the function of the body part being defects, developmental abnormalities, trau- of 1986’’. ma, infection, tumors, or disease, including— treated; and ‘‘(i) procedures that do not materially af- ‘‘(ii) procedures for secondary conditions By Mr. BYRD (for himself, Mr. and follow-up treatment. fect the function of the body part being ROCKEFELLER, and Mr. SPEC- ‘‘(B) EXCEPTION.—Such term does not in- treated; and TER): ‘‘(ii) procedures for secondary conditions clude cosmetic surgery performed to reshape normal structures of the body to improve ap- S. 1133. A bill to authorize the Sec- and follow-up treatment. pearance or self-esteem.’’. retary of Energy to develop and imple- ‘‘(B) EXCEPTION.—Such term does not in- (b) INDIVIDUAL HEALTH INSURANCE.— ment an accelerated research, develop- clude cosmetic surgery performed to reshape (1) IN GENERAL.—Part B of title XXVII of ment, and demonstration program for normal structures of the body to improve ap- the Public Health Service Act is amended by pearance or self-esteem. advanced clean coal technologies for inserting after section 2752 the following: use in coal-based generation facilities ‘‘(b) NOTICE UNDER GROUP HEALTH PLAN.— ‘‘SEC. 2753. STANDARDS RELATING TO BENEFITS and to provide financial incentives to The imposition of the requirements of this FOR MINOR CHILD’S CONGENITAL encourage the early commercial de- section shall be treated as a material modi- OR DEVELOPMENTAL DEFORMITY OR DISORDER. ployment of advanced clean coal tech- fication in the terms of the plan described in ‘‘(a) REQUIREMENTS FOR RECONSTRUCTIVE section 102(a)(1), for purposes of assuring no- nologies through the retrofitting, SURGERY.— tice of such requirements under the plan; ex- repowering, replacement, and new con- ‘‘(1) IN GENERAL.—A group health plan, and struction of coal-based electricity gen- cept that the summary description required a health insurance issuer offering group to be provided under the last sentence of sec- erating facilities and industrial gasifi- health insurance coverage, that provides cation facilities; to the Committee on tion 104(b)(1) with respect to such modifica- coverage for surgical benefits shall provide tion shall be provided by not later than 60 coverage for outpatient and inpatient diag- Energy and Natural Resources. days after the first day of the first plan year nosis and treatment of a minor child’s con- Mr. BYRD. Mr. President, today I am in which such requirements apply.’’. genital or developmental deformity, disease, introducing S. 1133, the Clean Coal Re- (B) CONFORMING AMENDMENTS.— or injury. A minor child shall include any in- search, Development, Demonstration, (i) Section 731(c) of the Employee Retire- dividual through 21 years of age. and Deployment Act of 2005. I am proud ment Income Security Act of 1974 (29 U.S.C. ‘‘(2) REQUIREMENTS.—Any coverage pro- to have Senators ROCKEFELLER and 1191(c)) is amended by striking ‘‘section 711’’ vided under paragraph (1) shall be subject to SPECTER as cosponsors of my bill. This and inserting ‘‘sections 711 and 714’’. pre-authorization or pre-certification as re- comprehensive clean coal technology (ii) Section 732(a) of the Employee Retire- quired by the plan or issuer, and such cov- legislation will help provide for a new ment Income Security Act of 1974 (29 U.S.C. erage shall include any surgical treatment era for coal. I have looked into the 1191a(a)) is amended by striking ‘‘section which, in the opinion of the treating physi- 711’’ and inserting ‘‘sections 711 and 714’’. cian, is medically necessary to approximate past; I recognize the enormous chal- (iii) The table of contents in section 1 of a normal appearance. lenges that are before us; and I see the Employee Retirement Income Security ‘‘(3) TREATMENT DEFINED.— coal’s future. Act of 1974 is amended by inserting after the ‘‘(A) IN GENERAL.—In this section, the term The bill authorizes important pro- item relating to section 713 the following: ‘treatment’ includes reconstructive surgical grams at the Department of Energy as

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6030 CONGRESSIONAL RECORD — SENATE May 26, 2005 well as provides a major package of ment. It is critical to both the State of the past year at a grass-roots level to targeted federal energy tax incentives. Utah and the Bureau of Land Manage- address concerns. We look forward to It supports a research and development ment, BLM, that we consolidate their working with the appropriate commit- program and tax incentives to encour- respective lands to ensure that both tees and the Department of Interior to- age the use of advanced coal tech- public agencies are permitted to fulfill ward a successful resolution of this nologies at coal-fired power plants. The their mandates. proposed exchange. bill also promotes a major investment The legislation we are introducing I urge all of my colleagues to support in a national industrial gasification today is yet another chapter in our our efforts to fund the education of our program. It is a balanced and finan- State’s long history of consolidating children in Utah and to protect some of cially sound proposal, and it recognizes these State lands for the financial well this Nation’s truly great lands. I urge that there are new horizons opening for being of our education system. These support of the Utah Recreational Land coal. efforts serve a dual purpose as they Exchange Act of 2005. The Byrd-Rockefeller-Specter bill help the Federal land management works to balance these ever expanding agencies to consolidate Federal lands By Mr. GRASSLEY (for himself, opportunities in a very reasonable and in environmentally sensitive areas that Mr. MCCAIN, and Mr. ALLEN): responsible way. We must move for- can then be reasonably managed. We S. 1137. A bill to include ward with the development and deploy- see this exchange as a win-win solution dehydroepiandrosterone as an anabolic ment of advanced power generation and for the State of Utah and its school steroid; to the Committee on the Judi- carbon capture and sequestration tech- children, as well as the Department of ciary. nologies. Coal also has a future in pro- the Interior as the caretaker of our Mr. GRASSLEY. Mr. President, re- ducing chemicals, alternative transpor- public lands. cently, the problem of steroid abuse tation fuels, and other important prod- Beginning in 1998 Congress passed the has been getting a great deal of media ucts for use in the economy. My legis- first major Utah school trust land ex- attention. While this publicity has lation can begin to initiate that effort. change which consolidated hundreds of helped to raise public awareness about There are those who have wanted to thousands of acres. Again in 2000, Con- the dangers of illegal steroids, recent push coal aside like stove wood and gress enacted an exchange consoli- studies indicate that more and more horse power as novelties from a bygone dating another 100,000 acres. I was young people are taking these drugs to era. But we cannot ignore coal as part proud to playa role in those efforts, improve their performance, appear- of the solution to our future energy and the bill we are introducing today is ance, or self image. In fact, some re- challenges. Over the past several years, yet another step in the longjoumey to- cent studies indicate that as many as 5 I have been diligently assembling a set ward giving the school children the percent to 7 percent of students, even of proposals that can provide a com- deal they were promised in 1896 when as young as middle school, admit to prehensive approach for the near- and Utah was admitted to the Union. using illegal steroids. long-term viability for coal, both at The School Trust of Utah currently Even more widespread among adoles- home and abroad. It is time that we re- owns some of the most spectacular cents, however, is the use of over-the- examine the opportunities for coal, and lands in America, located along the counter supplements. Many young peo- let the past be our guide to the future. Colorado River in southeastern Utah. ple are turning to ‘‘supplements’’ as an Mr. President, I hope other Senators This legislation will ensure that places alternative to illegal steroids, mistak- will review S. 1133, and I urge them to like Westwater Canyon of the Colorado enly believing that because they are cosponsor this legislation. River, the world famous Kokopelli and sold over the counter, they must be Slickrock biking trails, some of the safe. However, many of these over the By Mr. BENNETT (for himself largest natural rock arches in the counter ‘‘supplements’’ actually and Mr. HATCH): United States, wilderness study areas, produce the same dangerous effects on S. 1135. A bill to authorize the ex- and viewsheds for Arches National the body as illegal steroids. Some, even change of certain land in Grand and Park will be traded into Federal owner- become steroids in the bloodstream. Uintah Counties, Utah, and for other ship and for the benefit of future gen- Last year, the President signed into purposes; to the Committee on Energy erations. At the same time, the school law the Anabolic Steroid Control Act and Natural Resources. children of Utah will receive mineral of 2004, which added 18 anabolic steroid Mr. BENNETT. Mr. President, I am and development lands that are not en- precursors to the list of anabolic pleased to be able to re-introduce the vironmentally sensitive, in locations steroids that are classified as con- Utah Recreational Land Exchange Act where responsible development makes trolled substances. Yet as I speak, on of 2005, together with my colleague sense. This will be an equal value ex- the shelves of health stores across the Senator HATCH. Legislation was intro- change, with approximately 40,000 country, sits one anabolic steroid that duced in the previous Congress to lay acres exchanged on either side, with can be bought by anyone, at any age, the groundwork for our efforts in the both taxpayers and the school children without the need of a doctor’s prescrip- 109th Congress. of Utah receiving a fair deal. Moreover, tion. This legislation will ensure the pro- the legislation establishes a valuation Dehydroepiandrosterone, or DHEA, is tection of critical lands along the Colo- process that is transparent to the pub- an anabolic steroid that once ingested, rado River corridor in southeastern lic, yet will ensure the exchange proc- the body turns into testosterone. Utah and will help provide important ess occurs in a timely manner. DHEA like all other steroids, may funding for Utah’s school children. In This legislation represents a truly cause a number of long term physical Utah we treasure the education of our collaborative process. We have con- and psychological effects, including: children. A key component of our edu- vened all of the players to give us input heart disease, cancer, stroke, liver cation system is the 3.5 million acres of into this legislation: local government, damage, severe acne, baldness, dra- school trust lands scattered through- the State, the recreation community, matic mood swings, aggression etc. In out the State. These lands are dedi- the environmental community and fact, DHEA is already banned by the cated to the support of public edu- other interested parties. At the same Olympics, the World Anti-Doping cation. Revenue from Utah school trust time we are working closely with the Agency, the National Collegiate Ath- lands, whether from grazing, forestry, Department of Interior. We introduced letic Association, the National Foot- surface leasing or mineral develop- this bill in the 108th Congress in order ball League, the National Basketball ment, is placed in the State School to initiate some discussion of moving Association, and Minor League Base- Fund. This fund is a permanent income forward with this exchange proposal. ball, yet it actually enjoys special pro- producing endowment created by Con- Since that time, some changes have tections under the Anabolic Steroid gress upon statehood to fund public been made in an effort to improve this Control Act. education. Unfortunately, the majority legislation. We remain receptive to ad- In an effort to keep all potentially of these lands are trapped within fed- ditional changes that might make fur- dangerous steroids out of the hands of eral ownership patterns that make it ther improvements. The State has been unsuspecting consumers and children, I impossible for responsible develop- working with all of these groups over am pleased to introduce legislation

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6031 today that would add DHEA to the list have successfully avoided AWA re- severe limitation of the current AWA of controlled substances under the An- quirements by selling directly to the is that it does not regulate overseas abolic Steroid Control Act. This legis- public. The ability to use the Internet breeders who submit their animals to lation will eliminate the special ex- as a marketing tool for direct sales has deplorable conditions before exporting emption granted to DHEA, thereby only made selling directly to the public them to the United States, leaving treating it as every other substance in more prevalent and popular. Because many imported animals with diseases the steroid family. USDA can only regulate wholesalers and behavioral disorders. PAWS With the dramatic rise in the use of under the AWA, it has very limited au- strengthens the AWA to better control steroids among our nation’s youth, now thority to oversee the care and condi- the practices of puppy breeding in large is the time to act to curb this increas- tions of animals in these facilities. facilities, addresses cruel puppy treat- ingly growing problem. Just like all PAWS addresses this growing prob- ment and places stricter regulations on other anabolic steroids, DHEA should lem. PAWS would regulate breeders overseas breeders. not be available over the counter, but who raise seven or more litters of dogs In large breeding facilities, puppies only under a doctor’s supervision. I en- or cats each year. This threshold test are often kept in cramped, dirty cages; courage my colleagues to join in sup- would differentiate those breeders who sometimes stacked on top of each port of this legislation. raise animals in mass numbers from other; exposed to the elements in ex- I ask unanimous consent that the those who are hobby breeders. treme cold and heat; forced to breed text of this bill be printed in the In addition, this broad ranging legis- too frequently; and deprived of ade- RECORD. lation would cover importers and other quate food, water, veterinary care, and There being no objection, the bill was non-breeder dealers who sell more than any semblance of loving contact. In ordered to be printed in the RECORD, as 25 dogs or cats per year, strengthen fact, current law allows many of these follows: USDA’s enforcement authority, and as- breeders to evade all federal oversight. S. 1137 sure USDA access to source records of This inhumane treatment has a di- Be it enacted by the Senate and House of Rep- persons who acquire dogs for resale. Fi- rect bearing on the physical and men- resentatives of the United States of America in nally, PAWS expands the USDA’s au- tal health of dogs in these facilities. Congress assembled, thority to seek injunctions against un- Often, after these puppies join a fam- SECTION 1. INCLUSION OF licensed dog and cat dealers. ily, they turn out to have serious DEHYDROEPIANDROSTERONE. The term ‘‘puppy mill’’ is not new to health and behavioral problems that Section 102(41)(A) of the Controlled Sub- many people, be it pet owners, con- cause them pain, cause their owners stances Act (21 U.S.C. 802(41)(A)) is amend- ed— sumers, animal welfare advocates, in- great distress, and require expensive (1) in the matter preceding clause (i), by spectors or just casual observers. medical care. striking ‘‘corticosteroids, and Puppy mills are large breeding oper- I believe PAWS will address these dehydroepiandrosterone’’ and inserting ‘‘and ations that mass-produce puppies for problems by filling gaps in the current corticosteroids’’; commercial sale with little regard for law and encouraging stronger enforce- (2) by redesignating clauses (x) through the humane handling and treatment of ment by USDA to crack down on (xlx) as clauses (xi) through (xlxi), respec- the dogs. Breeding and raising dogs chronic violators. The bill also applies tively; and without respect to the animal’s welfare to cats. (3) by inserting after clause (ix) the fol- PAWS requires that any commercial lowing: guarantees bad results for the unknow- ‘‘(x) dehydroepiandrosterone (androst-5-en- ing owner, and for the health of the dog hreeder who sells seven or more litters 3β-ol-17-one);’’. and her puppies. For dogs, puppy mill of dogs or cats directly to the public in conditions can mean overcrowded a year must be licensed by the USDA. By Mr. SANTORUM: cages, lack of protection from weather The statute also allows the USDA to S. 1139. A bill to amend the Animal conditions, and an overall lack of vet- obtain the identity of breeders, a meas- Welfare Act to strengthen the ability erinary care. ure that would help the USDA to ad- of the Secretary of Agriculture to regu- The benefits of regulating commer- dress inhumane treatment. PAWS ex- late the pet industry; to the Com- cial breeders and sellers are obvious. tends the suspension period for facili- mittee on Agriculture, Nutrition, and PAWS addresses the commerce in pets ties with AWA violations from 21 days Forestry. from many different angles, including to 60 days and provides the USDA with Mr. SANTORUM. Mr. President, I imports, large direct sellers, Internet direct authority to apply for injunc- rise today to introduce the Pet Animal sellers, enforcement tools, and source tions. Welfare Statute of 2005 (PAWS). The records. As a member of the Senate Ag- I’ve heard from many of my constitu- introduction of this important animal riculture Committee and Chairman of ents in Illinois who are deeply con- welfare legislation demonstrates my the Subcommittee on Research, Nutri- cerned about the puppy mill problem continued interest in humane treat- tion and General Legislation, the sub- and want this legislation enacted. ment of animals. As the proud owner of committee with jurisdiction, I am pre- PAWS is supported by national organi- a German Shepherd, it is disturbing to pared to work aggressively to advance zations, including the Humane Society see the number of high volume breeders this legislation. I urge my colleagues of the United States, the American who are careless and disregard their re- to join Senator DURBIN and me in sup- Kennel Club, Doris Day Animal sponsibilities to care properly for their porting this legislation. League, and the Animal Welfare Insti- animals. Mr. DURBIN. Mr. President, I rise tute. Across the United States, there are today to introduce the Pet Animal I am pleased that we have obtained more than 3,000 commercial dog-breed- Welfare Statute, PAWS, along with my additional funds for USDA to improve ing facilities that are licensed to oper- colleague, Senator SANTORUM. its enforcement of the AWA. This piece ate by the United States Department For more than three decades, Con- of legislation will complement those of Agriculture (USDA). Owners of these gress has given the responsibility of en- ongoing efforts by strengthening facilities are required to comply with suring minimum standards of humane USDA’s authority to crack down on the the rules and regulations of the Animal care and treatment of animals to the bad actors. Welfare Act (AWA), which sets forth U.S. Department of Agriculture, PAWS will ensure that any commer- standards for humane handling and USDA, under the Animal Welfare Act, cial dog breeder licensed by the Fed- treatment. USDA inspections are also AWA. eral Government is meeting basic hu- required to ensure compliance with The current guidelines within the mane standards of care. We owe at AWA standards. AWA do not go far enough to protect least this much to the animals that Unfortunately, enforcement of AWA puppies at large breeding facilities; have earned the title ‘‘man’s best has not effectively stopped the inhu- they merely ensure the provision of friend.’’ This safety net for dogs and mane treatment of animals within the water and food, and that is inadequate. cats will protect pets and the con- pet industry. Because the AWA only The AWA has been largely ineffective sumers who care about them against covers breeders and others who sell at because of weak enforcement proce- the poor treatment practices of the wholesale, many puppy mill owners dures and limited resources. Another worst dealers: the ones who provide no

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6032 CONGRESSIONAL RECORD — SENATE May 26, 2005 interaction; the ones who violate in- solution to enhance the secure han- (I) contiguous or adjacent; and dustry norms against over-breeding; dling of ammonium nitrate ensuring (II) owned or operated by the same person. the ones who repeatedly violate the that ammonium nitrate remains avail- (3) HANDLE.—The term ‘‘handle’’ means to law governing humane care. The good able for agricultural use. produce, store, sell, or distribute ammonium nitrate. The legislation is entitled ‘‘The Se- dealers, however, should be recognized (4) HANDLER.—The term ‘‘handler’’ means for the value they bring to pet lovers cure Handling of Ammonium Nitrate any person that produces, stores, sells, or everywhere. Act of 2005.’’ It calls for Federal and distributes ammonium nitrate. Currently, the good dealers suffer at State cooperation to secure ammonium (5) PURCHASER.—The term ‘‘purchaser’’ the hands of the bad ones, the ones who nitrate fertilizer. It requires any per- means any person that purchases ammonium give the industry a bad reputation. son who produces, stores, sells, or dis- nitrate. This bill will help draw a clear distinc- tributes ammonium nitrate to register (6) SECRETARY.—The term ‘‘Secretary’’ tion in favor of the good dealers. I their facility with their State depart- means the Secretary of Homeland Security. SEC. 4. REGULATION OF HANDLING AND PUR- thank my colleagues for their atten- ment of agriculture and to maintain CHASE OF AMMONIUM NITRATE. tion to this issue, and I urge their sup- records of sales or distribution of the (a) IN GENERAL.—The Secretary may regu- port for the Pet Animal Welfare Stat- product. Additionally, it requires all late the handling and purchase of ammonium ute. purchasers of ammonium nitrate to nitrate to prevent the misappropriation or register with their State department of use of ammonium nitrate in violation of law. By Mr. COCHRAN (for himself, agriculture. (b) REGULATIONS.—The Secretary may pro- Mr. PRYOR, Mr. CHAMBLISS, and We believe these requirements are mulgate regulations that require— (1) handlers— Mr. ROBERTS): necessary measures to help provide ad- (A) to register facilities; S. 1141. A bill to authorize the Sec- ditional security for ammonium ni- (B) to sell or distribute ammonium nitrate retary of Homeland Security to regu- trate fertilizer and will not unduly bur- only to handlers and purchasers registered late ammonium nitrate; to the Com- den agriculture professionals or farm- under this Act; and mittee on Homeland Security and Gov- ers who use ammonium nitrate. Fur- (C) to maintain records of sale or distribu- ernmental Affairs. thermore, we believe this important tion that include the name, address, tele- Mr. COCHRAN. Mr. President, fer- legislation will effectively enhance on- phone number, and registration number of tilizers provide essential nutrients to going security measures and help to the immediate subsequent purchaser of am- the food we eat. Without fertilizer, monium nitrate; and keep ammonium nitrate out of the (2) purchasers to be registered. roughly one-third of the world’s people hands of those who wish to harm our (c) USE OF PREVIOUSLY SUBMITTED INFOR- would go hungry. Ammonium nitrate Nation. MATION.—Prior to requiring a facility or han- fertilizer is an effective source of nitro- I urge Senators to support this legis- dler to submit new information for registra- gen that all crops need to grow. Thou- lation. tion under this section, the Secretary shall— sands of American farmers value its I ask unanimous consent that the (1) request from the Attorney General, and use in certain applications including text of the bill be printed in the the Attorney General shall provide, any in- cool weather fertilization and other formation previously submitted to the At- RECORD. torney General by the facility or handler low-till cropping systems. Thus, the There being no objection, the bill was under section 843 of title 18, United States continued availability of ammonium ordered to be printed in the RECORD, as Code; and nitrate fertilizer to U.S. farmers has follows: (2) at the election of the facility or han- economic, agronomic and environ- S. 1141 dler— mental benefits to farmers and society Be it enacted by the Senate and House of Rep- (A) use the license issued under that sec- as a whole. resentatives of the United States of America in tion in lieu of requiring new information for At the same time, the April 1995 at- Congress assembled, registration under this section; and (B) consider the license to fully comply tack on the Alfred P. Murrah Federal SECTION 1. SHORT TITLE. Building in Oklahoma City showed This Act may be cited as the ‘‘Secure Han- with the requirement for registration under dling of Ammonium Nitrate Act of 2005’’. this section. America that this highly valuable fer- (d) CONSULTATION.—In promulgating regu- tilizer can be subject to adulteration SEC. 2. FINDINGS. lations under this section, the Secretary and misuse by criminals intent on en- Congress finds that— shall consult with the Secretary to Agri- gaging in acts of terror. (1) ammonium nitrate is an important fer- culture to ensure that the access of agricul- tilizer used to produce a reliable and afford- tural producers to ammonium nitrate is not After the Oklahoma City tragedy, able food supply for the United States and Congress enacted legislation calling for unduly burdened. the world; (e) DATA CONFIDENTIALITY.— a study on the feasibility and practica- (2) in the wrong hands, ammonium nitrate (1) IN GENERAL.—Notwithstanding section bility of imposing controls on certain may be used for illegal activities; 552 of title 5, United States Code, or the USA precursor chemicals, including ammo- (3) the production, importation, storage, PATRIOT ACT (Public Law 107–56; 115 Stat. nium nitrate. Congress recognized that sale, and distribution of ammonium nitrate 272) or an amendment made by that Act, ex- it is simply not possible for the agri- affects interstate and intrastate commerce; cept as provided in paragraph (2), the Sec- culture community to guarantee and retary may not disclose to any person any (4) it is necessary to regulate the produc- information obtained from any facility, han- against the criminal misuse of ammo- tion, storage, sale, and distribution of am- nium nitrate or for any community to dler, or purchaser— monium nitrate. (A) regarding any action taken, or to be guarantee that the thousands of every- SEC. 3. DEFINITIONS. taken, at the facility or by the handler or day products that can be converted to In this Act: purchaser to ensure the secure handling of criminal use will not be misused by (1) AMMONIUM NITRATE.—The term ‘‘ammo- ammonium nitrate; or those with the intent and capability to nium nitrate’’ means solid ammonium ni- (B) that would disclose— do so. trate that is chiefly the ammonium salt of (i) the identity or address of any purchase Over the past 10 years, the security nitric acid and contains not less than 33 per- of ammonium nitrate; landscape has continued to change. The cent nitrogen, of which— (ii) the quantity of ammonium nitrate pur- agriculture community and the fer- (A) 50 percent is in ammonium form; and chased; or (B) 50 percent is in nitrate form. (iii) the details of the purchase trans- tilizer industry recognize that more (2) FACILITY.— action. needs to be done to strengthen the con- (A) IN GENERAL.—The term ‘‘facility’’ (2) EXCEPTIONS.—The Secretary may dis- trols regarding the handling and pur- means any site where ammonium nitrate is close any information described in paragraph chase of ammonium nitrate fertilizer produced, stored, or held for distribution, (1)— in order to ensure American farmers sale, or use. (A) to an officer or employee of the United continue to have access to this valued (B) INCLUSIONS.—The term ‘‘facility’’ in- States, or a person that has entered into a input. Today, with my colleague from cludes— contract with the United States, who needs (i) all buildings or structures used to to know the information to perform the du- Arkansas Mr. PRYOR, my colleague produce, store, or hold ammonium nitrate ties of the officer, employee, or person, or to from Georgia Mr. CHAMBLISS, and my for distribution, sale, or use at a single site; a State agency pursuant to an arrangement colleague from Kansas Mr. ROBERTS, I and under section 6, under appropriate arrange- am pleased to introduce legislation (ii) multiple sites described in clause (i), if ments to ensure the protection of the infor- that provides a practical and workable the sites are— mation;

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6033 (B) to the public, to the extent the Sec- (3) to fail to keep any record, make any re- impact of that fertilizer can have on retary specifically finds that disclosure of port, or allow any inspection required by our people if misused by criminals in- particular information is required in the this Act; or tent on engaging in acts of terror. public interest; or (4) to violate any sale or distribution order Since the 1995 Oklahoma City trag- (C) to the extent required by order of a issued under this Act. edy, many studies have been conducted Federal court in a proceeding in which the (b) PENALTIES.— Secretary is a party, under such protective (1) IN GENERAL.—A person that violates by the Federal Government to deter- measures as the court may prescribe. this Act (including a regulation promulgated mine the feasibility and practicability SEC. 5. ENFORCEMENT. under this Act) may only be assessed a civil of imposing controls on certain pre- penalty by the Secretary of not more than (a) INSPECTIONS.—The Secretary, without a cursor chemicals, including ammonium $50,000 per violation. warrant, may enter any place during busi- nitrate. In addition, the fertilizer in- (2) NOTICE AND OPPORTUNITY FOR A HEAR- ness hours that the Secretary believes may dustry and the Bureau of Alcohol To- ING.—No civil penalty shall be assessed under handle ammonium nitrate to determine bacco and Firearms (ATF) created the this Act unless the person charged has been whether the handling is being conducted in given notice and opportunity for a hearing ‘‘America’s Security Begins with You’’ accordance with this Act, including regula- on the charge in the county, parish, or incor- ammonium nitrate security campaign tions promulgated under this Act. porated city of residence of the person in 1995 as an effort to minimize possible (b) PREVENTION OF SALE OR DISTRIBUTION charged. misuse of ammonium nitrate fertilizer. ORDER.—In any case in which the Secretary (c) JURISDICTION OVER ACTIONS FOR CIVIL has reason to believe that ammonium ni- These studies and campaigns have both DAMAGES.—The district courts of the United trate has been handled other than in accord- led to show that it is impossible for the States shall have exclusive jurisdiction over agricultural community to guarantee ance with this Act, including regulations any action for civil damages against a han- promulgated under this Act, the Secretary dler for any harm or damage that is alleged against the criminal misuse of ammo- may issue a written order preventing any to have resulted from the use of ammonium nium nitrate under current laws and person that owns, controls, or has custody of nitrate in violation of law that occurred on regulations and that more can and the ammonium nitrate from selling or dis- or after the date of enactment of this Act. should be done to protect against this tributing the ammonium nitrate. SEC. 8. STATE LAW PREEMPTION. threat. (c) APPEAL PROCEDURES.— This Act preempts any State law (includ- The agricultural community and the (1) IN GENERAL.—A person subject to an ing a regulation) that regulates the handling order under subsection (b) may request a fertilizer industry both recognize that of ammonium nitrate to prevent the mis- more can and should be done to hearing to contest the order, under such ad- appropriation or use of ammonium nitrate in ministrative adjudication procedures as the violation of law. strengthen the controls regarding the Secretary may establish. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. handling and purchase of ammonium (2) RESCISSION.—If an appeal under para- There are authorized to be appropriated nitrate fertilizer in order to ensure graph (1) is successful, the Secretary shall such sums as are necessary to carry out this American farmers continue to have ac- rescind the order. Act. cess to this valued input. I believe that (d) IN REM PROCEEDINGS.—The Secretary Mr. PRYOR. Mr. President, I stand the Federal government must do its may institute in rem proceedings in the today in support of legislation that part in helping to assure that ammo- United States district court for the district will better protect our homeland by se- in which the ammonium nitrate is located to nium nitrate fertilizer stays in the seize and confiscate ammonium nitrate that curing the trade and handling of am- hands of agricultural professionals and has been handled in violation of this Act, in- monium nitrate. While ammonium ni- encourage all who handle this chemical cluding regulations promulgated under this trate is well known in the agriculture to protect their community and Amer- Act. community to be an important fer- ica by establishing effective security SEC. 6. ADMINISTRATIVE PROVISIONS. tilizer, it has also become a common measures. (a) COOPERATIVE AGREEMENTS.—The Sec- ingredient in creating highly explosive I am proud to join my colleague from retary may enter into a cooperative agree- bombs like the one used in the unfor- Mississippi, Senator COCHRAN, in intro- ment with the Secretary of Agriculture, or gettable April 1995 bombing attack of ducing this legislation along with Sen- the head of any State department of agri- the Alfred P. Murrah Federal Building ator CHAMBLISS and Senator ROBERTS. I culture or other State agency that regulates in Oklahoma City, Oklahoma. A little believe it provides a very practical and plant nutrients, to carry out this Act, in- more than a month ago, we reflected cluding cooperating in the enforcement of workable solution to enhance the se- this Act through the use of personnel or fa- on the tenth anniversary of this tragic cure handling of ammonium nitrate cilities. moment in our nation’s history. De- and ensure that ammonium nitrate re- (b) DELEGATION.— spite the enormous potential for mis- mains available for agricultural use. (1) IN GENERAL.—The Secretary may dele- use if in the wrong hands, the purchase ‘‘The Secure Handling of Ammonium gate to a State the authority to assist the and use of ammonium nitrate is still Nitrate Act of 2005’’ calls for a federal Secretary in the administration and enforce- largely unregulated by the federal gov- and state cooperation to secure ammo- ment of this Act, including regulations pro- ernment. It is our hope that we can re- nium nitrate fertilizer. It requires the mulgated under this Act. duce this potential for misuse. By bet- Department of Homeland Security to (2) DELEGATION REQUIRED.—On the request of a Governor of a State, the Secretary shall ter securing the trade and handling of enter into cooperative agreements with delegate to the State the authority to carry this chemical, we will make it more state departments of agriculture to en- out section 4 or 5, on a determination by the difficult for individuals and groups to sure that any person who produces, Secretary that the State is capable of satis- misuse the chemical and threaten the stores, sells, or distributes ammonium factorily carrying out that section. lives of Americans. The purpose of our nitrate registers their facility and (3) FUNDING.—If the Secretary enters into legislation is to protect our homeland maintains records of sales or distribu- an agreement with a State under this sub- from future threats and attacks that tion of the product. As such, pur- section to delegate functions to the State, may be similar in nature to that of the the Secretary shall provide to the State ade- chasers of ammonium nitrate would quate funds to enable the State to carry out Oklahoma City Bombing while still en- also be required to register with their the functions. suring that law abiding citizens can state’s department of agriculture. (4) INAPPLICABILITY.—Notwithstanding any use this valuable fertilizer for agricul- My colleagues and I agree that these other provision of this subsection, this sub- tural activities. requirements are necessary measures section does not authorize a State to carry Fertilizer provides essential nutri- that provide additional security for out a function under section 4 or 5 relating ents to the food we eat by providing an ammonium nitrate fertilizer and will to a facility or handler in the State that effective source of nitrogen that all not unduly burden agriculture profes- makes the election described in section crops need to grow. I recognize the im- sionals or farmers who use this prod- 4(c)(2). portance of fertilizer to our Nation’s uct. Furthermore, we firmly believe SEC. 7. CIVIL LIABILITY. farming community, and that is why I that this legislation will effectively en- (a) UNLAWFUL ACTS.—It is unlawful for any believe that we must continue the hance ongoing security measures by person— availability of ammonium nitrate fer- (1) to fail to perform any duty required by helping to keep ammonium nitrate out this Act, including regulations promulgated tilizer to farmers in order to maintain of the hands of those who wish to harm under this Act; the economic, agronomic and environ- our Nation. (2) to violate the terms of registration mental benefits that this product pro- I thank the Chairman of the Appro- under this Act; vides. I also understand the negative priations Committee, as well as the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6034 CONGRESSIONAL RECORD — SENATE May 26, 2005 Chairmen of the Agriculture and Intel- members of the Guard and Reserve lief if they need to hire a worker to ligence Committees for their leader- have been activated in anticipation of temporarily replace the active duty ship on this issue, and I urge my col- being sent to Iraq, Afghanistan, or any Guardsmen or Reservist. In addition, leagues in the Senate to support this other place their country calls on them the bill clarifies the tax treatment of important legislation. to serve. While deployed, these citizen any pay-gap payments to make income Mr. CHAMBLISS. Mr. President, I soldiers are asked, in a moment’s no- tax filing easier for our Guard and Re- would like to echo the comments of the tice, to leave their families, their jobs, servists. senior Senator from Mississippi regard- and their communities behind, causing A moment ago, I mentioned that ing the ‘‘Secure Handling of Ammo- tremendous stress on the home front thousands of employers make up the nium Nitrate Act of 2005.’’ The impor- and in the workplace. pay-gap for their employees. There is tance of ammonium nitrate fertilizer While having a loved one in harm’s one employer, however, and it happens to the agricultural industry cannot be way is reason for stress alone, many of to be the Nation’s largest, that does understated. However, its use in acts of the families of these men and women not make up the pay gap: Uncle Sam. terror has led the industry and public have the added stress of trying to fill The Federal Government, which should alike searching for a way to further se- the void left. Many families have lost set the bar for patriotism in our coun- cure the handling and use of ammo- the main bread winner when a Guards- try, does not do its part to help citizen nium nitrate. I believe this legislation men or Reservist gets deployed. As a soldiers. Senator DURBIN has been a accomplishes that goal. If passed, this result, they have trouble paying bills, leader in this area, so our bill includes bill will help us to track both where the rent, the mortgage, or medicine for language that he has been fighting to this fertilizer is, and who is in posses- their children. require the Federal Government to sion of it. The answers to both of these The primary reason these families make up the pay gap. We cannot ask very important questions will further cannot make ends meet is because for the private sector to do more than they ongoing efforts to keep our Nation safe Guardsmen and Reservists military are doing if the Federal Government is from people who may wish to do it pay is often less than civilian pay. We not willing to step up and do its part harm. I feel this legislation provides call that the ‘‘pay gap.’’ According to for our military men and women. additional security for ammonium ni- the most recent Status of Forces Sur- This is not only the right thing to do, trate while maintaining its viability as vey of Reserve Components, 51 percent it is the smart thing to do. Today our an agricultural fertilizer. of our citizen soldiers take a pay cut Nation relies on the Guard and Reserve I urge my colleagues to support this when they get deployed and 11 percent to meet our armed forces needs more important legislation. of them lose more than $2,500 per than at any other time in our history. month. At times in the war on terror, forty- By Ms. LANDRIEU (for herself, We ask these men and women to percent of our troops in Iraq and Af- Mr. GRAHAM, Mr. ALLEN, Mr. make so many sacrifices on our behalf. ghanistan were citizen soldiers. Many DURBIN, and Mr. LAUTENBERG): I think that it is time that we be will- of them performed multiple tours of S. 1142. A bill to provide pay protec- ing to make one in return. The least we duty or found their duties extended. tion for members of the Reserve and can do is to help these families find re- All of the experts tell us that our the National Guard, and for other pur- lief from the financial woes caused by need for our Guard and Reserve troops poses; to the Committee on Finance. this gap. To help do this, my colleagues will only get greater. In the post-Cold Ms. LANDRIEU. Mr. President, over Senator GRAHAM, Senator ALLEN, Sen- War world, we have drastically reduced 50 years ago, Sir Winston Churchill ut- ator DURBIN, and myself are pleased to our standing Army from 800,000 in 1989 tered the immortal words, ‘‘never in introduce the Helping Our Patriotic to approximately 482,000 today, a 40 the field of human conflict has so much Employers at Helping our Military Em- percent decrease. The number of de- been owed by so many to so few.’’ Al- ployees Act of 2005. We call the bill by ployments has increased by over 300 though Prime Minister Churchill was its nickname: HOPE at HOME. Our percent. The Guard and Reserve have referring to the selfless and courageous guard and reserve families have enough made it possible to meet these chal- effort of the Royal Air Force in their to worry about when a loved one gets lenges. We still find ourselves defeat of the Germans in World War II, called away, the least we can do is re- stretched thin, but without the Guard I would like to argue that these words lieve some of the financial worry by en- and Reserve we would never be able to apply equally to the men and women couraging employers to make up the meet our obligation as guardians of fighting to preserve democracy in Iraq pay gap. Let me describe for my col- freedom in the World. and Afghanistan. These men and leagues how this legislation works. But this over-reliance on the Guard women are not only making it possible HOPE at HOME will give a 50 percent and Reserve is starting to have a toll for each and every one of us to go tax credit to the thousands of employ- on our ability to recruit and retain about our daily lives under the blanket ers around the country who have taken these men and women. The percentage of safety and freedom to which Ameri- the patriotic step of continuing to pay of Army Reserve personnel who plan to cans have become accustomed, but the salary of their guard and reservists remain in the military after their tour they are also striving to bring these employees who have been called to ac- of duty ends fell from 73 percent to 66 benefits to people who have never had tive duty. There are literally thou- percent over 2004. The top reasons for them before. sands of employers out there who al- leaving the Guard and Reserve, accord- If you have had the opportunity to ready take this noble step—they do it ing to the Status of Forces Survey of spend time with these men and women, voluntarily, selflessly and at great sac- Reserve Components, are family stress, as I have, you quickly observe that rifice. The HOPE at HOME Act honors the number and lengths of deploy- they embody everything good about that sacrifice. ments, income loss, and conflict with America. Their patriotism, their HOPE at HOME will also encourage civilian employment. unyielding commitment to serve their companies that cannot afford to make We are beginning to have recruit- country, their selflessness and their up the pay-gap an incentive to do it. ment problems as well for our standing sacrifice should serve as examples to us One survey found that only 173 of the military. Back in February, the Army all. Perhaps what amazes me most, is Fortune 500 companies make up the and the National Guard and Reserve re- that although these men and women pay gap. If the wealthiest companies cruited 3,824 soldiers, but this was only are prepared to make the ultimate sac- cannot afford to help their active duty 69 percent of their monthly goal. The rifice for their country, they ask for employees, imagine how difficult this numbers went up in March, but still little in return from it. It is therefore is for smaller companies. HOPE at fell short by 12 percent of the goal. incumbent on us to recognize the debt HOME will allow companies large and HOPE at HOME recognizes that a sol- we owe to them, and honor it. small to do the patriotic thing and re- dier who is worrying about how his or Today there are 80,000 members of ward those employees who are serving her family is paying the bills is not fo- the National Guard and our Reserve to keep us all free. cusing on the mission at hand. A sol- armed forces serving bravely in the war HOPE at HOME will also give small dier who is worrying about whether the on terror. In addition, close to 89,000 patriotic employers additional tax re- family is paying the rent, is not going

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6035 to reenlist. And every time one of our employment rights under chapter 43 of title term ‘actual compensation amount’ means soldiers leaves, our Nation loses the ex- 38— the amount of compensation paid or incurred perience and service of a highly ‘‘(A) shall be determined disregarding the by an employer with respect to a Ready Re- serve-National Guard employee on any day trained, capable professional. We need provisions of section 4312(d) of title 38; and ‘‘(B) shall include any period of time speci- during a taxable year when the employee to make every effort to keep our cit- fied in section 4312(e) of title 38 within which was absent from employment for the purpose izen soldiers in service to their coun- an employee may report or apply for employ- of performing qualified active duty. try. HOPE at HOME is a first step to ment or reemployment following completion ‘‘(c) LIMITATION.—No credit shall be al- addressing our military’s larger re- of service in the uniformed services. lowed with respect to a Ready Reserve-Na- cruitment and retention issues. ‘‘(c) Any amount payable under this sec- tional Guard employee who performs quali- tion to an employee shall be paid— fied active duty on any day on which the em- During the Cold War we built our ployee was not scheduled to work (for reason strength on having the biggest, best ‘‘(1) by such employee’s employing agency; ‘‘(2) from the appropriation or fund which other than to participate in qualified active equipped standing army in the World. would be used to pay the employee if such duty). Now our military gathers its strength employee were in a pay status; and ‘‘(d) DEFINITIONS.—For purposes of this sec- from a large reserve of qualified men ‘‘(3) to the extent practicable, at the same tion— and women in the Guard and Reserve time and in the same manner as would basic ‘‘(1) QUALIFIED ACTIVE DUTY.—The term who are ready to fight at a moment’s pay if such employee’s civilian employment ‘qualified active duty’ means— ‘‘(A) active duty, other than the training had not been interrupted. call. We will lose that strength if we do duty specified in section 10147 of title 10, not give our Guardsmen and Reservists ‘‘(d) The Office of Personnel Management shall, in consultation with Secretary of De- United States Code (relating to training re- and their families HOPE at HOME. fense, prescribe any regulations necessary to quirements for the Ready Reserve), or sec- I hope my colleagues will join Sen- carry out the preceding provisions of this tion 502(a) of title 32, United States Code (re- ators ALLEN, GRAHAM, DURBIN and my- section. lating to required drills and field exercises self in supporting the HOPE at HOME ‘‘(e)(1) The head of each agency referred to for the National Guard), in connection with Act. in section 2302(a)(2)(C)(ii) shall, in consulta- which an employee is entitled to reemploy- tion with the Office, prescribe procedures to ment rights and other benefits or to a leave I ask unanimous consent that the of absence from employment under chapter text of the bill be printed in the ensure that the rights under this section apply to the employees of such agency. 43 of title 38, United States Code, and RECORD. ‘‘(2) The Administrator of the Federal ‘‘(B) hospitalization incident to such duty. There being no objection, the bill was Aviation Administration shall, in consulta- ‘‘(2) COMPENSATION.—The term ‘compensa- ordered to be printed in the RECORD, as tion with the Office, prescribe procedures to tion’ means any remuneration for employ- follows: ensure that the rights under this section ment, whether in cash or in kind, which is S. 1142 apply to the employees of that agency. paid or incurred by a taxpayer and which is ‘‘(f) For purposes of this section— deductible from the taxpayer’s gross income Be it enacted by the Senate and House of Rep- ‘‘(1) the terms ‘employee’, ‘Federal Govern- under section 162(a)(1). resentatives of the United States of America in ment’, and ‘uniformed services’ have the ‘‘(3) READY RESERVE-NATIONAL GUARD EM- Congress assembled, same respective meanings as given in section PLOYEE.—The term ‘Ready Reserve-National SECTION 1. SHORT TITLE. 4303 of title 38; Guard employee’ means an employee who is This Act may be cited as the ‘‘Helping Our ‘‘(2) the term ‘service in the uniformed a member of the Ready Reserve of a reserve Patriotic Employers at Helping Our Military services’ has the meaning given that term in component of an Armed Force of the United Employees Act of 2005’’ or the ‘‘HOPE at section 4303 of title 38 and includes duty per- States as described in sections 10142 and HOME Act of 2005’’. formed by a member of the National Guard 10101 of title 10, United States Code. SEC. 2. NONREDUCTION IN PAY WHILE FEDERAL under section 502(f) of title 32 at the direc- ‘‘(4) CERTAIN RULES TO APPLY.—Rules simi- EMPLOYEE IS PERFORMING ACTIVE tion of the Secretary of the Army or Sec- lar to the rules of section 52 shall apply. SERVICE IN THE UNIFORMED SERV- retary of the Air Force; ‘‘(e) PORTION OF CREDIT MADE REFUND- ICES. ‘‘(3) the term ‘employing agency’, as used ABLE.— (a) IN GENERAL.—Subchapter IV of chapter with respect to an employee entitled to any ‘‘(1) IN GENERAL.—In the case of an eligible 55 of title 5, United States Code, is amended payments under this section, means the employer of a Ready Reserve-National Guard by adding at the end the following: agency or other entity of the Government employee, the aggregate credits allowed to a ‘‘§ 5538. Nonreduction in pay while serving in (including an agency referred to in section taxpayer under subpart C shall be increased the uniformed services 2302(a)(2)(C)(ii)) with respect to which such by the lesser of— ‘‘(a) An employee who is absent from a po- employee has reemployment rights under ‘‘(A) the credit which would be allowed sition of employment with the Federal Gov- chapter 43 of title 38; and under this section without regard to this ernment in order to perform service in the ‘‘(4) the term ‘basic pay’ includes any subsection and the limitation under section uniformed services for a period of more than amount payable under section 5304.’’. 38(c), or 90 days shall be entitled to receive, for each (b) CLERICAL AMENDMENT.—The table of ‘‘(B) the amount by which the aggregate pay period described in subsection (b), an sections for chapter 55 of title 5, United amount of credits allowed by this subpart amount equal to the amount by which— States Code, is amended by inserting after (determined without regard to this sub- ‘‘(1) the amount of basic pay which would the item relating to section 5537 the fol- section) would increase if the limitation im- otherwise have been payable to such em- lowing: posed by section 38(c) for any taxable year ployee for such pay period if such employee’s ‘‘5538. Nonreduction in pay while serving in were increased by the amount of employer civilian employment with the Government the uniformed services or Na- payroll taxes imposed on the taxpayer dur- had not been interrupted by that service, ex- tional Guard’’. ing the calendar year in which the taxable ceeds (if at all) year begins. (c) EFFECTIVE DATE.—The amendments ‘‘(2) the amount of pay and allowances made by this section shall apply with respect The amount of the credit allowed under this which (as determined under subsection (d))— to pay periods (as described in section 5538(b) subsection shall not be treated as a credit al- ‘‘(A) is payable to such employee for that of title 5, United States Code, as added by lowed under this subpart and shall reduce service; and this section) beginning on or after Sep- the amount of the credit otherwise allowable ‘‘(B) is allocable to such pay period. tember 11, 2001. under subsection (a) without regard to sec- ‘‘(b)(1) Amounts under this section shall be SEC. 3. READY RESERVE-NATIONAL GUARD EM- tion 38(c). payable with respect to each pay period PLOYEE CREDIT ADDED TO GEN- ‘‘(2) ELIGIBLE EMPLOYER.—For purposes of (which would otherwise apply if the employ- ERAL BUSINESS CREDIT. this subsection, the term ‘eligible employer’ ee’s civilian employment had not been inter- (a) READY RESERVE-NATIONAL GUARD CRED- means an employer which is a State or local rupted)— IT.—Subpart D of part IV of subchapter A of government or subdivision thereof. ‘‘(A) during which such employee is enti- chapter 1 of the Internal Revenue Code of ‘‘(3) EMPLOYER PAYROLL TAXES.—For pur- tled to reemployment rights under chapter 1986 (relating to business-related credits) is poses of this subsection— 43 of title 38 with respect to the position amended by adding at the end the following: ‘‘(A) IN GENERAL.—The term ‘employer from which such employee is absent (as re- ‘‘SEC. 45J. READY RESERVE-NATIONAL GUARD payroll taxes’ means the taxes imposed by— ferred to in subsection (a)); and EMPLOYEE CREDIT. ‘‘(i) section 3111(b), and ‘‘(B) for which such employee does not oth- ‘‘(a) GENERAL RULE.—For purposes of sec- ‘‘(ii) sections 3211(a) and 3221(a) (deter- erwise receive basic pay (including by taking tion 38, the Ready Reserve-National Guard mined at a rate equal to the rate under sec- any annual, military, or other paid leave) to employee credit determined under this sec- tion 3111(b)). which such employee is entitled by virtue of tion for any taxable year is an amount equal ‘‘(B) SPECIAL RULE.—A rule similar to the such employee’s civilian employment with to 50 percent of the actual compensation rule of section 24(d)(2)(C) shall apply for pur- the Government. amount for such taxable year. poses of subparagraph (A).’’. ‘‘(2) For purposes of this section, the period ‘‘(b) DEFINITION OF ACTUAL COMPENSATION (b) CREDIT TO BE PART OF GENERAL BUSI- during which an employee is entitled to re- AMOUNT.—For purposes of this section, the NESS CREDIT.—Subsection (b) of section 38 of

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such Code (relating to general business cred- ‘‘(3) READY RESERVE-NATIONAL GUARD SELF- this paragraph referred to as the ‘unused it) is amended by striking ‘‘plus’’ at the end EMPLOYED TAXPAYER.—The term ‘Ready Re- credit year’), such excess shall be a credit of paragraph (18), by striking the period at serve-National Guard self-employed tax- carryback to each of the 3 taxable years pre- the end of paragraph (19) and inserting ‘‘, payer’ means a taxpayer who— ceding the unused credit year and a credit plus’’, and by adding at the end the fol- ‘‘(A) has net earnings from self-employ- carryforward to each of the 20 taxable years lowing: ment (as defined in section 1402(a)) for the following the unused credit year. ‘‘(20) the Ready Reserve-National Guard taxable year, and ‘‘(B) RULES.—Rules similar to the rules of employee credit determined under section ‘‘(B) is a member of the Ready Reserve of section 39 shall apply with respect to the 45J(a).’’. a reserve component of an Armed Force of credit carryback and credit carryforward (c) DENIAL OF DOUBLE BENEFIT.—Section the United States as described in section under subparagraph (A). 280C(a) (relating to rule for employment 10142 and 10101 of title 10, United States ‘‘(6) CERTAIN RULES TO APPLY.—Rules simi- credits) is amended by inserting ‘‘45J(a),’’ Code. lar to the rules of subsections (c), (d), and (e) after ‘‘45A(a),’’. ‘‘(d) COORDINATION WITH OTHER CREDITS.— of section 52 shall apply.’’. (d) CONFORMING AMENDMENT.—The table of The amount of credit otherwise allowable (b) NO DEDUCTION FOR COMPENSATION sections for subpart D of part IV of sub- under sections 51(a) and 1396(a) with respect TAKEN INTO ACCOUNT FOR CREDIT.—Section chapter A of chapter 1 of the Internal Rev- to any employee shall be reduced by the 280C(a) of the Internal Revenue Code of 1986 enue Code of 1986 is amended by inserting credit allowed by this section with respect to (relating to rule for employment credits), as after the item relating to section 45I the fol- such employee. amended by this Act, is amended— lowing: ‘‘(e) LIMITATIONS.— (1) by inserting ‘‘or compensation’’ after ‘‘(1) APPLICATION WITH OTHER CREDITS.—The ‘‘salaries’’, and ‘‘Sec. 45J. Ready Reserve-National Guard credit allowed under subsection (a) for any (2) by inserting ‘‘30B,’’ before ‘‘45A(a),’’. employee credit.’’. taxable year shall not exceed the excess (if (c) CONFORMING AMENDMENT.—Section (e) EFFECTIVE DATE.—The amendments any) of— 55(c)(2) of the Internal Revenue Code of 1986 made by this section shall apply to taxable ‘‘(A) the regular tax for the taxable year is amended by inserting ‘‘30B(e)(1),’’ after years beginning after the date of the enact- reduced by the sum of the credits allowable ‘‘30(b)(3),’’. ment of this Act. under subpart A and sections 27, 29, and 30, (d) CLERICAL AMENDMENT.—The table of SEC. 4. READY RESERVE-NATIONAL GUARD RE- over sections for subpart B of part IV of sub- PLACEMENT EMPLOYEE CREDIT. ‘‘(B) the tentative minimum tax for the chapter A of chapter 1 of the Internal Rev- (a) IN GENERAL.—Subpart B of part IV of taxable year. enue Code of 1986 is amended by adding after subchapter A of chapter 1 of the Internal ‘‘(2) DISALLOWANCE FOR FAILURE TO COMPLY the item relating to section 30A the fol- Revenue Code of 1986 (relating to foreign tax WITH EMPLOYMENT OR REEMPLOYMENT RIGHTS lowing new item: credit, etc.) is amended by adding after sec- OF MEMBERS OF THE RESERVE COMPONENTS OF tion 30A the following new section: THE ARMED FORCES OF THE UNITED STATES.— ‘‘Sec. 30B. Credit for replacement of acti- ‘‘SEC. 30B. READY RESERVE-NATIONAL GUARD No credit shall be allowed under subsection vated military reservists.’’. REPLACEMENT EMPLOYEE CREDIT. (a) to a taxpayer for— (e) EFFECTIVE DATE.—The amendments ‘‘(a) ALLOWANCE OF CREDIT.— ‘‘(A) any taxable year, beginning after the made by this section shall apply to taxable ‘‘(1) IN GENERAL.—In the case of an eligible date of the enactment of this section, in years beginning after the date of the enact- taxpayer, there shall be allowed as a credit which the taxpayer is under a final order, ment of this Act. against the tax imposed by this chapter for judgment, or other process issued or required SEC. 5. INCOME TAX WITHHOLDING ON DIF- the taxable year the sum of the employment by a district court of the United States FERENTIAL WAGE PAYMENTS. credits for each qualified replacement em- under section 4323 of title 38 of the United (a) IN GENERAL.—Section 3401 of the Inter- ployee under this section. States Code with respect to a violation of nal Revenue Code of 1986 (relating to defini- ‘‘(2) EMPLOYMENT CREDIT.—The employ- chapter 43 of such title, and tions) is amended by adding at the end the ment credit with respect to a qualified re- ‘‘(B) the 2 succeeding taxable years. following new subsection: placement employee of the taxpayer for any ‘‘(f) GENERAL DEFINITIONS AND SPECIAL ‘‘(i) DIFFERENTIAL WAGE PAYMENTS TO AC- taxable year is equal to 50 percent of the RULES.—For purposes of this section— TIVE DUTY MEMBERS OF THE UNIFORMED lesser of— ‘‘(1) ELIGIBLE TAXPAYER.—The term ‘eligi- SERVICES.— ‘‘(A) the individual’s qualified compensa- ble taxpayer’ means a small business em- ‘‘(1) IN GENERAL.—For purposes of sub- tion attributable to service rendered as a ployer or a Ready Reserve-National Guard section (a), any differential wage payment qualified replacement employee, or self-employed taxpayer. shall be treated as a payment of wages by ‘‘(B) $12,000. ‘‘(2) SMALL BUSINESS EMPLOYER.— the employer to the employee. ‘‘(b) QUALIFIED COMPENSATION.—The term ‘‘(A) IN GENERAL.—The term ‘small busi- ‘‘(2) DIFFERENTIAL WAGE PAYMENT.—For ‘qualified compensation’ means— ness employer’ means, with respect to any purposes of paragraph (1), the term ‘differen- ‘‘(1) compensation which is normally con- taxable year, any employer who employed an tial wage payment’ means any payment tingent on the qualified replacement em- average of 50 or fewer employees on business which— ployee’s presence for work and which is de- days during such taxable year. ‘‘(A) is made by an employer to an indi- ductible from the taxpayer’s gross income ‘‘(B) CONTROLLED GROUPS.—For purposes of vidual with respect to any period during under section 162(a)(1), subparagraph (A), all persons treated as a which the individual is performing service in ‘‘(2) compensation which is not character- single employer under subsection (b), (c), the uniformed services while on active duty ized by the taxpayer as vacation or holiday (m), or (o) of section 414 shall be treated as for a period of more than 30 days, and pay, or as sick leave or pay, or as any other a single employer. ‘‘(B) represents all or a portion of the form of pay for a nonspecific leave of ab- ‘‘(3) QUALIFIED ACTIVE DUTY.—The term wages the individual would have received sence, and ‘qualified active duty’ has the meaning given from the employer if the individual were per- ‘‘(3) group health plan costs (if any) with such term by section 45J(d)(1). forming service for the employer.’’. respect to the qualified replacement em- ‘‘(4) SPECIAL RULES FOR CERTAIN MANUFAC- (b) EFFECTIVE DATE.—The amendment ployee. TURERS.— made by this section shall apply to remu- ‘‘(c) QUALIFIED REPLACEMENT EMPLOYEE.— ‘‘(A) IN GENERAL.—In the case of any quali- neration paid after December 31, 2004. For purposes of this section— fied manufacturer— SEC. 6. TREATMENT OF DIFFERENTIAL WAGE ‘‘(1) IN GENERAL.—The term ‘qualified re- ‘‘(i) subsection (a)(2)(B) shall be applied by PAYMENTS FOR RETIREMENT PLAN placement employee’ means an individual substituting ‘$20,000’ for ‘$12,000’, and PURPOSES. who is hired to replace a Ready Reserve-Na- ‘‘(ii) paragraph (2)(A) of this subsection (a) PENSION PLANS.— tional Guard employee or a Ready Reserve- shall be applied by substituting ‘100’ for ‘50’. (1) IN GENERAL.—Section 414(u) of the In- National Guard self-employed taxpayer, but ‘‘(B) QUALIFIED MANUFACTURER.—For pur- ternal Revenue Code of 1986 (relating to spe- only with respect to the period during poses of this paragraph, the term ‘qualified cial rules relating to veterans’ reemploy- which— manufacturer’ means any person if— ment rights under USERRA) is amended by ‘‘(A) such Ready Reserve-National Guard ‘‘(i) the primary business of such person is adding at the end the following new para- employee is receiving an actual compensa- classified in sector 31, 32, or 33 of the North graph: tion amount (as defined in section 45J(b)) American Industrial Classification System, ‘‘(11) TREATMENT OF DIFFERENTIAL WAGE from the employee’s employer and is partici- and PAYMENTS.— pating in qualified active duty, including ‘‘(ii) all of such person’s facilities which ‘‘(A) IN GENERAL.—Except as provided in time spent in travel status, or are used for production in such business are this paragraph, for purposes of applying this ‘‘(B) such Ready Reserve-National Guard located in the United States. title to a retirement plan to which this sub- self-employed taxpayer is participating in ‘‘(5) CARRYBACK AND CARRYFORWARD AL- section applies— such qualified active duty. LOWED.— ‘‘(i) an individual receiving a differential ‘‘(2) READY RESERVE-NATIONAL GUARD EM- ‘‘(A) IN GENERAL.—If the credit allowable wage payment shall be treated as an em- PLOYEE.—The term ‘Ready Reserve-National under subsection (a) for a taxable year ex- ployee of the employer making the payment, Guard employee’ has the meaning given such ceeds the amount of the limitation under ‘‘(ii) the differential wage payment shall be term by section 45J(d)(3). subsection (e)(1) for such taxable year (in treated as compensation, and

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6037 ‘‘(iii) the plan shall not be treated as fail- if such plan or contract amendment were in ground, or disability. Sadly, these ing to meet the requirements of any provi- effect, and F.B.I. statistics show only part of the sion described in paragraph (1)(C) by reason (ii) such plan or contract amendment ap- problem, because many hate crimes go of any contribution which is based on the plies retroactively for such period. unreported. The Southern Poverty Law differential wage payment. ‘‘(B) SPECIAL RULE FOR DISTRIBUTIONS.— By Mr. KENNEDY (for himself, Center, a nonprofit organization that ‘‘(i) IN GENERAL.—Notwithstanding sub- Mr. SPECTER, Mr. SMITH, Mr. monitors hate groups and extremist ac- paragraph (A)(i), for purposes of section LEAHY, Ms. COLLINS, Mr. LIE- tivity, estimates that the actual num- 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 403(b)(11)(A), BERMAN, Ms. SNOWE, Mr. ber of hate crimes committed in the or 457(d)(1)(A)(ii), an individual shall be WYDEN, Mr. JEFFORDS, Mr. United States each year is closer to treated as having been severed from employ- 50,000. ment during any period the individual is per- SCHUMER, Mr. CHAFEE, Mr. AKAKA, Mr. ENSIGN, Mr. BAYH, Congress can’t ignore the problem. forming service in the uniformed services de- Our bill will strengthen the ability of scribed in section 3401(i)(2)(A). Mr. BIDEN, Mr. BINGAMAN, Mrs. Federal, State, and local governments ‘‘(ii) LIMITATION.—If an individual elects to BOXER, Ms. CANTWELL, Mrs. receive a distribution by reason of clause (i), CLINTON, Mr. COLEMAN, Mr. to investigate and prosecute these vi- the plan shall provide that the individual CORZINE, Mr. DAYTON, Mr. cious and senseless crimes. Current may not make an elective deferral or em- DODD, Mr. DURBIN, Mrs. FEIN- Federal law, obviously isn’t adequate ployee contribution during the 6-month pe- STEIN, Mr. HARKIN, Mr. INOUYE, to protect our citizens. riod beginning on the date of the distribu- It contains excessive restrictions re- Mr. JOHNSON, Mr. KERRY, Ms. tion. quiring proof that victims were at- LANDRIEU, Mr. LEVIN, Mrs. LIN- ‘‘(C) NONDISCRIMINATION REQUIREMENT.— tacked because they were engaged in COLN, Ms. MIKULSKI, Mrs. MUR- Subparagraph (A)(iii) shall apply only if all certain ‘‘federally protected activi- employees of an employer performing service RAY, Mr. NELSON of Nebraska, ties.’’ It doesn’t include violence com- in the uniformed services described in sec- Mr. NELSON of Florida, Mr. mitted because of person’s sexual ori- tion 3401(i)(2)(A) are entitled to receive dif- OBAMA, Mr. REED, Mr. SALAZAR, entation, gender, or disability. It cov- ferential wage payments on reasonably Mr. SARBANES, Ms. STABENOW, equivalent terms and, if eligible to partici- ers only hate crimes based on race, re- Mr. LAUTENBERG, Mr. PRYOR, pate in a retirement plan maintained by the ligion, or ethnic background. employer, to make contributions based on and Mr. ROCKEFELLER): S. 1145. A bill to provide Federal as- The federally protected activity re- the payments. For purposes of applying this quirement is outdated, unwise, and un- subparagraph, the provisions of paragraphs sistance to States and local jurisdic- tions to prosecute hate crimes; to the necessary. In June 2003, three men saw (3), (4), and (5), of section 410(b) shall apply. 6 Latino teenagers in a family res- ‘‘(D) DIFFERENTIAL WAGE PAYMENT.—For Committee on the Judiciary. purposes of this paragraph, the term ‘dif- Mr. KENNEDY. Mr. President, hate taurant on Long Island. The teenagers, ferential wage payment’ has the meaning crimes are a violation of everything 3 boys and 3 girls, between 13–15 years given such term by section 3401(i)(2).’’. our country stands for. They send the old, knew each other from church and (2) CONFORMING AMENDMENT.—The heading poisonous message that some Ameri- baseball teams. They were there to- for section 414(u) of such Code is amended by cans deserve to be victimized solely be- gether to celebrate the birthday of one inserting ‘‘AND TO DIFFERENTIAL WAGE PAY- cause of who they are. They’re basi- of the girls, whose parents made her MENTS TO MEMBERS ON ACTIVE DUTY’’ after cally acts of domestic terrorism. Hate take her 13 year old sister along as ‘‘USERRA’’. ‘‘chaperone.’’ A parent dropped them (b) DIFFERENTIAL WAGE PAYMENTS TREAT- crimes have an impact far greater than all off in his mini-van and promised to ED AS COMPENSATION FOR INDIVIDUAL RETIRE- the impact on their individual victim. MENT PLANS.—Section 219(f)(1) of the Inter- They’re crimes against entire commu- pick them up after dinner and a movie. nal Revenue Code of 1986 (defining compensa- nities, against the whole Nation, and But, moments after leaving, he re- tion) is amended by adding at the end the against the fundamental ideals on ceived a panicked phone call from one following new sentence: ‘‘The term ‘com- which America was founded. of the children, telling him they’d been pensation’ includes any differential wage The vast majority of Congress agrees. attacked. payment (as defined in section 3401(i)(2)).’’. Last year, Senator SMITH and I offered As the group entered the restaurant, (c) EFFECTIVE DATE.—The amendments the same measure. The Senate passed three men were leaving the bar, after made by this section shall apply to plan it as an amendment to the Defense Au- drinking there for hours. For no appar- years beginning after December 31, 2004. thorization Bill by a nearly 2–1 bi-par- ent reason, they assaulted the teen- (d) PROVISIONS RELATING TO PLAN AMEND- agers, pummeling one boy and severing MENTS.— tisan vote of 65–33. By a vote of 213–186, (1) IN GENERAL.—If this subsection applies the House instructed its conferees to a tendon in his hand with a sharp weap- to any plan or annuity contract amend- support it in the conference report on on. During the attack, the men ment— the bill. Unfortunately, House leaders screamed racial slurs and one identi- (A) such plan or contract shall be treated insisted that the provision be dropped fied himself as a skinhead. The chil- as being operated in accordance with the in conference. This week, Senator dren, who had never experienced any- terms of the plan or contract during the pe- SMITH and I are introducing the iden- thing like this, have been traumatized riod described in paragraph (2)(B)(i), and tical bill. ever since. (B) except as provided by the Secretary of The provision is supported by a broad Two of the defendants were tried the Treasury, such plan shall not fail to meet the requirements of the Internal Rev- coalition of law enforcement and civil under current Federal law for commit- enue Code of 1986 or the Employee Retire- rights groups, including the National ting a hate crime and were acquitted. ment Income Security Act of 1974 by reason Sheriff’s Association, the International The Jurors said they acquitted them of such amendment. Association of Chiefs of Police, the because the government had not proved (2) AMENDMENTS TO WHICH SECTION AP- Anti-Defamation League, and the Na- the attack took place because the vic- PLIES.— tional Center for Victims of Crime, and tims were engaged in a federally pro- (A) IN GENERAL.—This subsection shall I’m optimistic the bill would have the tected activity—using the restaurant. apply to any amendment to any plan or an- same broad support it did before. Those The bill we introduce today elimi- nuity contract which is made— (i) pursuant to any amendment made by who commit hate crimes prey on the nates the federally protected activity this section, and vulnerable and terrorize them, because requirement. Under this bill, these de- (ii) on or before the last day of the first they can’t protect themselves. If our fendants who walked out of the front plan year beginning on or after January 1, Nation stands for anything, it’s to pro- door of the courthouse free that day 2007. tect the vulnerable. would almost certainly have left in (B) CONDITIONS.—This subsection shall not We know that hate crimes are a seri- handcuffs through a different door. apply to any plan or annuity contract ous problem that continues to plague The bill also recognizes that hate amendment unless— us. According to FBI statistics, over crimes are committed against people (i) during the period beginning on the date 9,000 people were victims of hate crimes because of their sexual orientation, the amendment described in subparagraph (A)(i) takes effect and ending on the date de- reported in the United States in 2003. their gender, and their disability. Cur- scribed in subparagraph (A)(ii) (or, if earlier, That’s almost 25 people victimized a rent Federal law didn’t protect gay the date the plan or contract amendment is day, every day, based on their race, re- campers in Honolulu from attempted adopted), the plan or contract is operated as ligion, sexual orientation, ethnic back- murder when their tents were doused

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6038 CONGRESSIONAL RECORD — SENATE May 26, 2005 with a flammable liquid and set on fire crimes in cases where states request Nobel laureate Eli Wiesel once said: because they were gay. assistance, or cases that would not oth- ‘‘To hate is to deny another person’s It didn’t protect Brandon Teena, in erwise be effectively investigated and humanity.’’ As a Nation that serves as Humboldt, NE who was raped and beat- prosecuted. the beacon of justice, freedom and lib- en by two male friends when they dis- The symbolic value of the bill is erty everywhere, we simply cannot tol- covered that he was living as a male equally important. Hate crimes target erate violence against our own citizens but was anatomically female. The local whole communities, not just individ- based on their race, color, religion, or sheriff refused to arrest the offenders, uals. They are intended to send mes- national origin. No matter how far the and they later shot and stabbed Bran- sages of fear that extend beyond the United States has come and the don to death. moment and beyond the individual vic- progress we have made in protecting Current law did not protect a 23-year- tim of the attack. Attacking people be- American’s civil rights, much work re- old mentally disabled man in Port cause they are gay, or African-Amer- mains. We cannot fight terror abroad Monmouth, New Jersey who was kid- ican, or Jewish, or any other criteria in and bow down to terror at home. napped by 9 men and women and tor- the bill is bigotry at its worst. Hate This legislation is a symbol that can tured for three hours before being crimes are designed to de-humanize become substance. As I have often said, dumped in the woods because he was and diminish, and we must say loud the law is a teacher, and we should disabled. and clear to those inclined to commit teach our fellow Americans that big- Our bill will close all these flagrant them that they’ll go to prison if they otry will not be tolerated. Our govern- loopholes. In addition to removing the do. ment must have the ability to per- federally protected activity require- The vast majority of us in Congress suade, to pursue, and to prosecute ment and expanding the class of pro- recognized the importance of making when hate is the motive of violence tected people: that statement last year. This year, we against another American, no matter The bill protects State interests with can make the statement even louder, their race, sexual orientation, religion, a strict certification procedure that re- by turning this bill into law. disability, or gender. By changing the quires the Federal Government to con- Mr. SMITH. Mr. President, as I have law, I truly believe we can change sult with local officials before bringing done so many times before, I rise today hearts and minds as well. a Federal case. to speak about the need for hate crimes I urge my colleagues to help me to It offers Federal assistance to help legislation and to introduce the Local change the hearts and minds and to State and local law enforcement inves- Law Enforcement Enhancement Act of make it widely known that we live in a tigate and prosecute hate crimes in 2005. I first sponsored this bill with my society and a country that does not any of the categories. colleague, Senator KENNEDY, in 1999 tolerate those who impose on the civil It offers training grants for local law and again in 2001 and 2003. rights of others simply because they enforcement. In the Senate, this legislation passed are different. It amends the Federal Hate Crime as an amendment to the Commerce, This year, Congress needs to act. I Statistics Act to add gender to the ex- Justice, State appropriations bill in look forward to President Bush signing isting categories of race, religion, eth- 1999 and the Defense Department au- this legislation into law. nic background, sexual orientation, thorization bill in 2000 and 2004, but re- and disability. moved in conference in each case. In By Mrs. BOXER: A strong Federal role in prosecuting 2003, it was introduced as an amend- S. 1146. A bill to require the Federal hate crimes is essential for practical ment to the Foreign Relations Author- Trade Commission to monitor and in- and symbolic reasons. In practical ization Act, but did not pass due to a vestigate gasoline prices under certain terms, the bill will have a real world procedural vote. Clearly, hate crimes circumstances; to the Committee on impact on actual criminal investiga- legislation has strong support in the Commerce, Science, and Transpor- tions and prosecutions by State and Senate. tation. Federal officials. Senator KENNEDY and I are reintro- Mrs. BOXER. Mr. President, in The presence or absence of the ‘‘fed- ducing this bill again today because March 2000, I introduced legislation to erally protected activity’’ requirement the need for Federal hate crimes legis- deal with the high price of gasoline. At frequently determines whether state lation is greater than ever. The high the time, the price of gasoline had and local resources must be used to prevalence of hate crimes is stag- reached a startlingly high $2.15 per gal- prosecute these crimes or whether the gering. Every day there is another lon in California. Today, gasoline Federal Government can bring its full America that is attacked or even mur- prices on average in California are $2.43 weight to bear on the case. dered in an act solely motivated by per gallon, 13 percent higher. The prob- Hate crime investigations tend to be hate. lem is getting worse, not better, and so expensive, requiring considerable law Hate crimes tear at the very fabric of today I am reintroducing my bill to enforcement legwork and extensive use our Nation by intimidating entire control the manipulation of gasoline of investigative grand juries. State of- groups of Americans and creating fear prices. ficials regularly seek federal assistance across communities. No one in America We have heard that higher gasoline in bringing hate crime offenders to jus- should be victimized because of who prices are due solely to higher crude oil tice under current law. This bill ex- they are, how they look, or what reli- prices. I just do not buy it. pands the opportunity for the Justice gion they worship. And the Federal According to the U.S. Energy Infor- Department to provide that support. Government should be able to come to mation Administration, from January Our bill fully respects the primary the aid of those who have been wronged 17 through April 11, the cost of crude role of State and local law enforcement and protect victims. oil rose 10.8 percent. During the same in responding to violent crime. The Since 1969, Federal law has permitted time period, the average retail price of vast majority of hate crimes will con- prosecution of hate crimes motivated gasoline in the United States rose 24.9 tinue to be prosecuted at the state and by race, religion, national origin, or percent. Something is not right. local level. The bill authorizes the Jus- color, if the victim was engaging in one Look at the profits that are being tice Department to assist state and of six ‘‘Federally protected’’ activities. pocketed by the big oil companies. local authorities in hate crimes cases, It has become clear that the statue Compared to the same time last year, it authorizes Federal prosecutions only needs to be amended—and that is what oil companies’ first-quarter profits are when a State does not have jurisdic- our legislation does. Our legislation dramatically higher. tion, or when it asks the Federal Gov- would expand on current laws to en- Look at the number of mergers and ernment to take jurisdiction, or when compass sexual orientation, gender and acquisitions in the industry over the it fails to act against hate-motivated disability. It would enable Federal past several months. The continued violence. prosecutors to pursue hate crimes consolidation only reduces competition In other words, the bill establishes an cases where local authorities often and increases energy costs. appropriate back-up for State and local lack the resources or the ability to Look at the refiners that may be tak- law enforcement to deal with hate prosecute such crimes. ing plants off-line at will for ‘‘routine

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6039 maintenance,’’ which is reminiscent of nesses, schools, libraries, hospitals, and ican economy. In the same way that the electricity crisis when generators many others share information extending electric power systems into took their plants off-line for ‘‘routine through computer networks. We shop rural areas stimulated a new demand maintenance’’ in order to artificially online. Some of us work at home, or in for electric appliances and other prod- increase prices. other locations, using networked com- ucts, the wider availability of My legislation will shed light on ma- puters to interact with our colleagues broadband communications will stimu- nipulation and hopefully curtail it. and associates. Distance learning and late electronic commerce and new com- The bill requires the Federal Trade telemedicine provide important serv- mercial services. Commission to automatically inves- ices in remote locations. In our per- For my State of West Virginia, and tigate the gasoline market for manipu- sonal lives we look to our networked other rural and low income States, the lation anytime average gasoline prices computers for entertainment and to availability of advanced communica- increase in any State by 20 percent in communicate with family and friends. tions systems will allow residents to a period of 3 months or less and remain These trends are accelerating dramati- participate in the 21st century econ- at that level for 7 days or more. cally. omy and have access to the economic Market manipulation would include, A decade ago, telephone-based low- and cultural benefits of urban living but it is not limited to, collusion or the bandwidth services met most of our while retaining their cherished rural creation of artificial shortages such as limited data communications needs. values and lifestyles. unnecessarily taking refineries off-line. Today this technology is obsolete. The consequences of failing to act are In determining the trigger, the gaso- Most businesses and many individuals serious. Businesses in infrastructure- line price used would be the Energy In- find that they require the ability to rich regions will prosper at the expense formation Agency’s weekly pricing of transmit information much faster, of those in rural and underserved re- regular grade gasoline. A report on the using what is commonly known as gions. New businesses will locate where FTC’s investigation would be due to broadband communications. Several the information infrastructure is Congress 14 days after the price trig- technologies compete to provide cus- strong. The migration of jobs to urban ger. tomers with broadband communica- and affluent areas will accelerate and Under the bill, the FTC would be re- tions. Among the most prominent are tax revenue in rural and underserved quired within 2 weeks of issuing the re- optical fiber, wireless, digital-sub- areas will continue to decline. Resi- port to hold a public meeting to discuss scriber lines, cable modems, power line dents of West Virginia and other rural the findings. If the finings indicate transmission, and satellites. states will continue to be at an eco- that there is market manipulation, Indeed, as the need for faster services nomic and educational disadvantage. then the FTC would work with the compounds, the technologies must be The ‘‘digital divide’’ will widen and the State’s attorney general to determine improved and even the definition of gap between ‘‘have’’ and ‘‘have-not’’ re- the penalties. broadband communications must be re- gions will expand. If the findings indicate that there is vised and updated. The now-obsolete Decisions on how this country choos- no market manipulation, then the U.S. telephone-based systems transmit data es to deploy information technology Department of Energy must officially at up to 56 thousand bits per second. have the power to fundamentally decide, within 2 weeks, the Strategic Today, internet service providers com- transform the future of rural America. Petroleum Reserve should be used in monly install first generation I firmly believe, and I am sure this order to ease prices and stabilize sup- broadband systems that transmit data view is shared by many of my col- ply. at rates between 256 thousand bits per leagues, that rural communities de- We need to deter market manipula- second and 4 million bits per second. serve the same opportunities as their tion. Otherwise, we risk serious price But we can now see clearly that these wealthier urban and suburban counter- gouging with no accountability to con- current-generation systems will be su- parts. We must make a commitment to sumers. My legislation offers a reason- perseded by second-generation systems, them now, while there is still time, able standard for an investigation and already being installed in a few areas, that their communications infrastruc- a reasonable time frame in which to which operate at data rates of up to 30 ture will not always be a generation or complete that investigation. I believe million bits per second. In other coun- more behind that of urban and subur- the threat of these investigations and tries, services that transmit and re- ban areas. the public light that would be shed on ceive data at 100 million bits per sec- My bill would provide incentives for the system will keep gasoline prices ond are already available to individ- broadband deployment by allowing pro- down. uals. Some industry experts predict viders, under certain conditions, to I urge my colleagues to cosponsor that within 5 to 10 years there will be treat their investments in broadband this bill. a substantial demand for systems that technologies as current-tax-year ex- operate at 1 billion bits per second. penses. Under my legislation, the in- By Mr. ROCKEFELLER (for him- Despite the industry downturn over centives provided by this bill would be self, Ms. SNOWE, Mr. BAUCUS, the past few years, America’s tele- differentiated to favor investments in Mr. BURNS, Mr. SCHUMER, Mr. communications providers are working technologies that will continue to meet BUNNING, and Ms. CANTWELL): to make higher speed communications communications needs further into the S. 1147. A bill to amend the Internal more widely available. Progress is fast- future. Revenue Code of 1986 to provide for the est, and the business case for invest- Half of investments in systems that expensing of broadband Internet access ment is most attractive, in affluent permit data to be received at rates of expenditures, and for other purposes; urban and suburban areas, especially 1.0 million bits per second and trans- to the Committee on Finance. newly developing areas. Rural areas mitted at rates of 128 thousand bits per Mr. ROCKEFELLER. Mr. President, I are less fortunate. Low population den- second would qualify. This is a sub- am introducing legislation that would sities, rugged terrain, and other factors stantial incentive to provide residents accelerate the deployment of advanced make these areas difficult and expen- of rural and underserved areas the ca- broadband internet access technologies sive to serve. Similarly, the business pabilities already enjoyed by individ- in rural and underserved regions. This case for providers to invest in under- uals and businesses in urban and subur- bipartisan legislation is very similar to served areas, mostly low income areas, ban areas. bills that I have introduced in the last is generally weak. Investments in systems that permit several Congresses. I want to thank As was the case with electric power data to be received at 22 million bits Senators SNOWE, BAUCUS, BURNS, SCHU- and telephone systems in the 20th cen- per second and transmitted at 5 million MER, CANTWELL, and BUNNING for co- tury, financial incentives will be nec- bits per second would fully qualify. sponsoring this bill. essary to assure the extension of This more powerful incentive chal- The convergence of computing and broadband communications infrastruc- lenges internet service providers to communications has fundamentally ture into rural and underserved re- provide the capabilities that they have and forever changed the way Ameri- gions. These incentives will also pro- already begun to introduce in urban cans live and work. Individuals, busi- vide a substantial benefit to the Amer- and suburban areas. Forward-looking

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6040 CONGRESSIONAL RECORD — SENATE May 26, 2005 providers will use this opportunity to ‘‘(2) LIMITATION.— per second to the subscriber and at least invest in technologies that can be up- ‘‘(A) IN GENERAL.—Qualified expenditures 128,000 bits per second from the subscriber. graded further as the demand grows. shall be taken into account under paragraph ‘‘(5) MULTIPLEXING OR DEMULTIPLEXING.— Americans believe strongly in equal (1) only with respect to qualified equip- The term ‘multiplexing’ means the trans- opportunity. This bill is just one part ment— mission of 2 or more signals over a single ‘‘(i) the original use of which commences channel, and the term ‘demultiplexing’ of an effort to make sure that all with the taxpayer, and means the separation of 2 or more signals Americans have equal access to modern ‘‘(ii) which is placed in service, after the previously combined by compatible multi- communications systems and the op- date of the enactment of this Act. plexing equipment. portunities that those systems are ‘‘(B) SALE-LEASEBACKS.—For purposes of ‘‘(6) NEXT GENERATION BROADBAND SERV- bringing in the 21st century. subparagraph (A), if property— ICE.—The term ‘next generation broadband I hope that the Members of this body ‘‘(i) is originally placed in service after the service’ means the transmission of signals at will support this important legislation. date of the enactment of this Act by any per- a rate of at least 22,000,000 bits per second to I ask unanimous consent that the son, and the subscriber and at least 5,000,000 bits per text of the bill be printed in the ‘‘(ii) sold and leased back by such person second from the subscriber. ‘‘(7) NONRESIDENTIAL SUBSCRIBER.—The RECORD. within 3 months after the date such property There being no objection, the bill was was originally placed in service, term ‘nonresidential subscriber’ means any person who purchases broadband services such property shall be treated as originally ordered to be printed in the RECORD, as which are delivered to the permanent place placed in service not earlier than the date on follows: of business of such person. which such property is used under the lease- S. 1147 ‘‘(8) OPEN VIDEO SYSTEM OPERATOR.—The back referred to in clause (ii). term ‘open video system operator’ means Be it enacted by the Senate and House of Rep- ‘‘(d) SPECIAL ALLOCATION RULES.— any person authorized to provide service resentatives of the United States of America in ‘‘(1) CURRENT GENERATION BROADBAND SERV- under section 653 of the Communications Act Congress assembled, ICES.—For purposes of determining the SECTION 1. EXPENSING OF BROADBAND INTER- amount of qualified broadband expenditures of 1934 (47 U.S.C. 573). NET ACCESS EXPENDITURES. THER WIRELESS CARRIER.—The term under subsection (a)(1) with respect to quali- ‘‘(9) O (a) IN GENERAL.—Part VI of subchapter B ‘other wireless carrier’ means any person fied equipment through which current gen- of chapter 1 of the Internal Revenue Code of (other than a telecommunications carrier, eration broadband services are provided, if 1986 (relating to itemized deductions for indi- commercial mobile service carrier, cable op- the qualified equipment is capable of serving viduals and corporations) is amended by in- erator, open video system operator, or sat- both qualified subscribers and other sub- serting after section 190 the following new ellite carrier) providing current generation scribers, the qualified broadband expendi- section: broadband services or next generation tures shall be multiplied by a fraction— ‘‘SEC. 191. BROADBAND EXPENDITURES. broadband service to subscribers through the ‘‘(A) the numerator of which is the sum of ‘‘(a) TREATMENT OF EXPENDITURES.— radio transmission of energy. the number of potential qualified subscribers ‘‘(1) IN GENERAL.—A taxpayer may elect to ‘‘(10) PACKET SWITCHING.—The term ‘packet within the rural areas and the underserved treat any qualified broadband expenditure switching’ means controlling or routing the areas which the equipment is capable of serv- which is paid or incurred by the taxpayer as path of any digitized transmission signal an expense which is not chargeable to capital ing with current generation broadband serv- which is assembled into packets or cells. ices, and account. Any expenditure which is so treated ‘‘(11) PROVIDER.—The term ‘provider’ shall be allowed as a deduction. ‘‘(B) the denominator of which is the total means, with respect to any qualified equip- potential subscriber population of the area ‘‘(2) ELECTION.—An election under para- ment— graph (1) shall be made at such time and in which the equipment is capable of serving ‘‘(A) a cable operator, such manner as the Secretary may prescribe with current generation broadband services. ‘‘(B) a commercial mobile service carrier, by regulation. ‘‘(2) NEXT GENERATION BROADBAND SERV- ‘‘(C) an open video system operator, ‘‘(b) QUALIFIED BROADBAND EXPENDI- ICES.—For purposes of determining the ‘‘(D) a satellite carrier, TURES.—For purposes of this section— amount of qualified broadband expenditures ‘‘(E) a telecommunications carrier, or ‘‘(1) IN GENERAL.—The term ‘qualified under subsection (a)(1) with respect to quali- ‘‘(F) any other wireless carrier, fied equipment through which next genera- broadband expenditure’ means, with respect providing current generation broadband tion broadband services are provided, if the to any taxable year, any direct or indirect services or next generation broadband serv- qualified equipment is capable of serving costs incurred after the date of the enact- ices to subscribers through such qualified both qualified subscribers and other sub- ment of this Act and before the date which is equipment. scribers, the qualified expenditures shall be 10 years after such date and properly taken ‘‘(12) PROVISION OF SERVICES.—A provider multiplied by a fraction— into account with respect to— shall be treated as providing services to 1 or ‘‘(A) the numerator of which is the sum ‘‘(A) the purchase or installation of quali- more subscribers if— of— fied equipment (including any upgrades ‘‘(A) such a subscriber has been passed by thereto), and ‘‘(i) the number of potential qualified sub- the provider’s equipment and can be con- ‘‘(B) the connection of such qualified scribers within the rural areas and under- nected to such equipment for a standard con- equipment to any qualified subscriber. served areas, plus nection fee, ‘‘(2) CERTAIN SATELLITE EXPENDITURES EX- ‘‘(ii) the number of potential qualified sub- ‘‘(B) the provider is physically able to de- CLUDED.—Such term shall not include any scribers within the area consisting only of liver current generation broadband services costs incurred with respect to the launching residential subscribers not described in or next generation broadband services, as ap- of any satellite equipment. clause (i), plicable, to such a subscriber without mak- ‘‘(3) LEASED EQUIPMENT.—Such term shall which the equipment is capable of serving ing more than an insignificant investment include so much of the purchase price paid with next generation broadband services, and with respect to such subscriber, by the lessor of qualified equipment subject ‘‘(B) the denominator of which is the total ‘‘(C) the provider has made reasonable ef- to a lease described in subsection (c)(2)(B) as potential subscriber population of the area forts to make such subscribers aware of the is attributable to expenditures incurred by which the equipment is capable of serving availability of such services, the lessee which would otherwise be de- with next generation broadband services. ‘‘(D) such services have been purchased by scribed in paragraph (1). ‘‘(e) DEFINITIONS.—For purposes of this sec- 1 or more such subscribers, and ‘‘(4) LIMITATION WITH REGARD TO CURRENT tion— ‘‘(E) such services are made available to GENERATION BROADBAND SERVICES.—Only 50 ‘‘(1) ANTENNA.—The term ‘antenna’ means such subscribers at average prices com- percent of the amounts taken into account any device used to transmit or receive sig- parable to those at which the provider makes under paragraph (1) with respect to qualified nals through the electromagnetic spectrum, available similar services in any areas in equipment through which current generation including satellite equipment. which the provider makes available such broadband services are provided shall be ‘‘(2) CABLE OPERATOR.—The term ‘cable op- services. treated as qualified broadband expenditures. erator’ has the meaning given such term by ‘‘(13) QUALIFIED EQUIPMENT.— ‘‘(c) WHEN EXPENDITURES TAKEN INTO AC- section 602(5) of the Communications Act of ‘‘(A) IN GENERAL.—The term ‘qualified COUNT.—For purposes of this section— 1934 (47 U.S.C. 522(5)). equipment’ means equipment which provides ‘‘(1) IN GENERAL.—Qualified broadband ex- ‘‘(3) COMMERCIAL MOBILE SERVICE CAR- current generation broadband services or penditures with respect to qualified equip- RIER.—The term ‘commercial mobile service next generation broadband services— ment shall be taken into account with re- carrier’ means any person authorized to pro- ‘‘(i) at least a majority of the time during spect to the first taxable year in which— vide commercial mobile radio service as de- periods of maximum demand to each sub- ‘‘(A) current generation broadband services fined in section 20.3 of title 47, Code of Fed- scriber who is utilizing such services, and are provided through such equipment to eral Regulations. ‘‘(ii) in a manner substantially the same as qualified subscribers, or ‘‘(4) CURRENT GENERATION BROADBAND SERV- such services are provided by the provider to ‘‘(B) next generation broadband services ICE.—The term ‘current generation subscribers through equipment with respect are provided through such equipment to broadband service’ means the transmission to which no deduction is allowed under sub- qualified subscribers. of signals at a rate of at least 1,000,000 bits section (a)(1).

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‘‘(B) ONLY CERTAIN INVESTMENT TAKEN INTO density of more than 500 people per square in an underserved area or nonresidential sub- ACCOUNT.—Except as provided in subpara- mile of land. scriber maintaining a permanent place of graph (C) or (D), equipment shall be taken ‘‘(17) RURAL SUBSCRIBER.—The term ‘rural business located in an underserved area. into account under subparagraph (A) only to subscriber’ means any residential subscriber ‘‘(f) SPECIAL RULES.— the extent it— residing in a dwelling located in a rural area ‘‘(1) PROPERTY USED OUTSIDE THE UNITED ‘‘(i) extends from the last point of switch- or nonresidential subscriber maintaining a STATES, ETC., NOT QUALIFIED.—No expendi- ing to the outside of the unit, building, permanent place of business located in a tures shall be taken into account under sub- dwelling, or office owned or leased by a sub- rural area. section (a)(1) with respect to the portion of scriber in the case of a telecommunications ‘‘(18) SATELLITE CARRIER.—The term ‘sat- the cost of any property referred to in sec- carrier, ellite carrier’ means any person using the fa- tion 50(b) or with respect to the portion of ‘‘(ii) extends from the customer side of the cilities of a satellite or satellite service li- the cost of any property specified in an elec- mobile telephone switching office to a trans- censed by the Federal Communications Com- tion under section 179. mission/receive antenna (including such an- mission and operating in the Fixed-Satellite ‘‘(2) BASIS REDUCTION.— tenna) owned or leased by a subscriber in the Service under part 25 of title 47 of the Code ‘‘(A) IN GENERAL.—For purposes of this case of a commercial mobile service carrier, of Federal Regulations or the Direct Broad- title, the basis of any property shall be re- ‘‘(iii) extends from the customer side of the cast Satellite Service under part 100 of title duced by the portion of the cost of such prop- headend to the outside of the unit, building, 47 of such Code to establish and operate a erty taken into account under subsection dwelling, or office owned or leased by a sub- channel of communications for distribution (a)(1). of signals, and owning or leasing a capacity scriber in the case of a cable operator or ‘‘(B) ORDINARY INCOME RECAPTURE.—For or service on a satellite in order to provide open video system operator, or purposes of section 1245, the amount of the such point-to-multipoint distribution. ‘‘(iv) extends from a transmission/receive deduction allowable under subsection (a)(1) ‘‘(19) SATURATED MARKET.—The term ‘satu- antenna (including such antenna) which with respect to any property which is of a rated market’ means any census tract in transmits and receives signals to or from character subject to the allowance for depre- which, as of the date of the enactment of multiple subscribers, to a transmission/re- ciation shall be treated as a deduction al- this section— ceive antenna (including such antenna) on lowed for depreciation under section 167. ‘‘(A) current generation broadband services the outside of the unit, building, dwelling, or ‘‘(3) COORDINATION WITH SECTION 38.—No have been provided by a single provider to 85 credit shall be allowed under section 38 with office owned or leased by a subscriber in the percent or more of the total number of po- case of a satellite carrier or other wireless respect to any amount for which a deduction tential residential subscribers residing in is allowed under subsection (a)(1).’’. carrier, unless such other wireless carrier is dwellings located within such census tract, also a telecommunications carrier. (b) SPECIAL RULE FOR MUTUAL OR COOPERA- and TIVE TELEPHONE COMPANIES.—Section 512(b) ‘‘(C) PACKET SWITCHING EQUIPMENT.—Pack- ‘‘(B) such services can be utilized— et switching equipment, regardless of loca- of the Internal Revenue Code of 1986 (relat- ‘‘(i) at least a majority of the time during ing to modifications) is amended by adding tion, shall be taken into account under sub- periods of maximum demand by each such paragraph (A) only if it is deployed in con- at the end the following new paragraph: subscriber who is utilizing such services, and ‘‘(18) SPECIAL RULE FOR MUTUAL OR COOPER- nection with equipment described in sub- ‘‘(ii) in a manner substantially the same as paragraph (B) and is uniquely designed to ATIVE TELEPHONE COMPANIES.—A mutual or such services are provided by the provider to cooperative telephone company which for perform the function of packet switching for subscribers through equipment with respect current generation broadband services or the taxable year satisfies the requirements to which no deduction is allowed under sub- of section 501(c)(12)(A) may elect to reduce next generation broadband services, but only section (a)(1). if such packet switching is the last in a se- its unrelated business taxable income for ‘‘(20) SUBSCRIBER.—The term ‘subscriber’ such year, if any, by an amount that does ries of such functions performed in the trans- means any person who purchases current mission of a signal to a subscriber or the not exceed the qualified broadband expendi- generation broadband services or next gen- tures which would be taken into account first in a series of such functions performed eration broadband services. under section 191 for such year by such com- in the transmission of a signal from a sub- ‘‘(21) TELECOMMUNICATIONS CARRIER.—The pany if such company was not exempt from scriber. term ‘telecommunications carrier’ has the taxation. Any amount which is allowed as a ‘‘(D) MULTIPLEXING AND DEMULTIPLEXING meaning given such term by section 3(44) of deduction under this paragraph shall not be EQUIPMENT.—Multiplexing and demultiplex- the Communications Act of 1934 (47 U.S.C. allowed as a deduction under section 191 and ing equipment shall be taken into account 153(44)), but— the basis of any property to which this para- under subparagraph (A) only to the extent it ‘‘(A) includes all members of an affiliated graph applies shall be reduced under section is deployed in connection with equipment de- group of which a telecommunications carrier 1016(a)(32).’’. scribed in subparagraph (B) and is uniquely is a member, and (c) CONFORMING AMENDMENTS.— designed to perform the function of multi- ‘‘(B) does not include a commercial mobile (1) Section 263(a)(1) of the Internal Rev- plexing and demultiplexing packets or cells service carrier. enue Code of 1986 (relating to capital expend- of data and making associated application ‘‘(22) TOTAL POTENTIAL SUBSCRIBER POPU- itures) is amended by striking ‘‘or’’ at the adaptions, but only if such multiplexing or LATION.—The term ‘total potential sub- end of subparagraph (H), by striking the pe- demultiplexing equipment is located between scriber population’ means, with respect to packet switching equipment described in any area and based on the most recent cen- riod at the end of subparagraph (I) and in- subparagraph (C) and the subscriber’s prem- sus data, the total number of potential resi- serting ‘‘, or’’, and by adding at the end the ises. dential subscribers residing in dwellings lo- following new subparagraph: ‘‘(J) expenditures for which a deduction is ‘‘(14) QUALIFIED SUBSCRIBER.—The term cated in such area and potential nonresiden- ‘qualified subscriber’ means— tial subscribers maintaining permanent allowed under section 191.’’. ‘‘(A) with respect to the provision of cur- places of business located in such area. (2) Section 1016(a) of such Code is amended by striking ‘‘and’’ at the end of paragraph rent generation broadband services— ‘‘(23) UNDERSERVED AREA.—The term ‘un- ‘‘(i) any nonresidential subscriber main- derserved area’ means— (30), by striking the period at the end of taining a permanent place of business in a ‘‘(A) any census tract which is located in— paragraph (31) and inserting ‘‘, and’’, and by rural area or underserved area, or ‘‘(i) an empowerment zone or enterprise adding at the end the following new para- ‘‘(ii) any residential subscriber residing in community designated under section 1391, or graph: a dwelling located in a rural area or under- ‘‘(ii) the District of Columbia Enterprise ‘‘(32) to the extent provided in section served area which is not a saturated market, Zone established under section 1400, or 191(f)(2).’’. and ‘‘(B) any census tract— (3) The table of sections for part VI of sub- ‘‘(B) with respect to the provision of next ‘‘(i) the poverty level of which is at least 30 chapter A of chapter 1 of such Code is generation broadband services— percent (based on the most recent census amended by inserting after the item relating ‘‘(i) any nonresidential subscriber main- data), and to section 190 the following new item: taining a permanent place of business in a ‘‘(ii) the median family income of which ‘‘Sec. 191. Broadband expenditures.’’. rural area or underserved area, or does not exceed— (d) DESIGNATION OF CENSUS TRACTS.— ‘‘(ii) any residential subscriber. ‘‘(I) in the case of a census tract located in (1) IN GENERAL.—The Secretary of the ‘‘(15) RESIDENTIAL SUBSCRIBER.—The term a metropolitan statistical area, 70 percent of Treasury shall, not later than 90 days after ‘residential subscriber’ means any individual the greater of the metropolitan area median the date of the enactment of this Act, des- who purchases broadband services which are family income or the statewide median fam- ignate and publish those census tracts meet- delivered to such individual’s dwelling. ily income, and ing the criteria described in paragraphs (16), ‘‘(16) RURAL AREA.—The term ‘rural area’ ‘‘(II) in the case of a census tract located (22), and (23) of section 191(e) of the Internal means any census tract which— in a nonmetropolitan statistical area, 70 per- Revenue Code of 1986 (as added by this sec- ‘‘(A) is not within 10 miles of any incor- cent of the nonmetropolitan statewide me- tion). In making such designations, the Sec- porated or census designated place con- dian family income. retary of the Treasury shall consult with taining more than 25,000 people, and ‘‘(24) UNDERSERVED SUBSCRIBER.—The term such other departments and agencies as the ‘‘(B) is not within a county or county ‘underserved subscriber’ means any residen- Secretary determines appropriate. equivalent which has an overall population tial subscriber residing in a dwelling located (2) SATURATED MARKET.—

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6042 CONGRESSIONAL RECORD — SENATE May 26, 2005 (A) IN GENERAL.—For purposes of desig- tal health services they provide in psychiatrists, who provide similar nating and publishing those census tracts skilled nursing facilities. Under the counseling, were exempted from this meeting the criteria described in subsection current system, social workers may system and continue to bill Medicare (e)(19) of such section 191— not be paid for services they provide. directly. This bill would exempt clin- (i) the Secretary of the Treasury shall pre- ical social workers, like their mental scribe not later than 30 days after the date of Psychologists and psychiatrists, who the enactment of this Act the form upon provide similar counseling, are able to health colleagues, from the prospective which any provider which takes the position separately bill Medicare for their serv- payment system, and would make sure that it meets such criteria with respect to ices. Congressmen STARK and LEACH that clinical social workers are paid any census tract shall submit a list of such are introducing a companion bill today for the services they provide to pa- census tracts (and any other information re- in the House of Representatives. tients in skilled nursing facilities. The quired by the Secretary) not later than 60 Since my first days in Congress, I Medicare, Medicaid, and SCHIP Bene- days after the date of the publication of such have been fighting to protect and fits Improvement and Protection Act form, and strengthen the safety of our Nation’s addressed some of these concerns, but (ii) the Secretary of the Treasury shall seniors. Making sure that seniors have this legislation would remove the final publish an aggregate list of such census tracts and the applicable providers not later access to quality, affordable mental barrier to ensuring that clinical social than 30 days after the last date such submis- health care is an important part of this workers are treated fairly and equi- sions are allowed under clause (i). fight. I know that millions of seniors tably for the care they provide. (B) NO SUBSEQUENT LISTS REQUIRED.—The do not have access to, or are not re- This bill is about more than paper- Secretary of the Treasury shall not be re- ceiving, the mental health services work and payment procedures. This quired to publish any list of census tracts they urgently need. Nearly 6 million billis about equal access to Medicare meeting such criteria subsequent to the list seniors are affected by depression, but payments for the equal and important described in subparagraph (A)(ii). only one-tenth ever gets treated. Ac- work done by clinical social workers. It (e) OTHER REGULATORY MATTERS.— cording to the American Psychiatric is about making sure our Nation’s (1) PROHIBITION.—No Federal or State agen- cy or instrumentality shall adopt regula- Association, up to 25 percent of the el- most vulnerable citizens have access to tions or ratemaking procedures that would derly population in the United States quality, affordable mental health care. have the effect of eliminating or reducing suffers from significant symptoms of The overarching goal we should be any deduction or portion thereof allowed mental illness and among nursing striving to achieve for our seniors is an under section 191 of the Internal Revenue home residents the prevalence is as overall improved quality of life. With- Code of 1986 (as added by this section) or oth- high as 80 percent. These mental dis- out clinical social workers, many nurs- erwise subverting the purpose of this section. orders, which include severe depression ing home residents may never get the (2) TREASURY REGULATORY AUTHORITY.—It and debilitating anxiety, interfere with counseling they need when faced with a is the intent of Congress in providing the life threatening illness or the loss of a election to deduct qualified broadband ex- the person’s ability to carryout activi- penditures under section 191 of the Internal ties of daily living and adversely affect loved one. I think we can do better by Revenue Code of 1986 (as added by this sec- their quality of life. Furthermore, our Nation’s seniors, and I’m fighting tion) to provide incentives for the purchase, older people have a 20 percent suicide to make sure we do. installation, and connection of equipment rate, the highest of any age group. The Clinical Social Work Medicare and facilities offering expanded broadband Every year nearly 6,000 older Ameri- Equity Act of 2005 is strongly sup- access to the Internet for users in certain cans kill themselves. This is unaccept- ported by the National Association of low income and rural areas of the United Social Workers and the Association for States, as well as to residential users nation- able and must be addressed. As a former social worker, I under- Geriatric Psychiatry. I also want to wide, in a manner that maintains competi- thank Senators STABENOW, BINGAMAN, tive neutrality among the various classes of stand the role that social workers play MURRAY, CORZINE, JOHNSON, and INOUYE providers of broadband services. Accord- in the overall care of patients and sen- ingly, the Secretary of the Treasury shall iors. This bill protects patients across for their cosponsorship of this bill. I prescribe such regulations as may be nec- the country and ensures that seniors look forward to working with my col- essary or appropriate to carry out the pur- living in underserved urban and rural leagues to enact this important legisla- poses of section 191 of such Code, including— areas, where clinical social workers are tion. Mr. President, I ask unanimous con- (A) regulations to determine how and when often the only available option for a taxpayer that incurs qualified broadband sent that the text of the bill and let- mental health care, continue to receive expenditures satisfies the requirements of ters of support be printed in the the treatment they need. Clinical so- section 191 of such Code to provide RECORD. broadband services, and cial workers, much like psychologists There being no objection, the mate- (B) regulations describing the information, and psychiatrists, treat and diagnose rial was ordered to be printed in the records, and data taxpayers are required to mental illnesses. In fact, clinical social RECORD, as follows: provide the Secretary to substantiate com- workers are the primary mental health NATIONAL ASSOCIATION OF SOCIAL pliance with the requirements of section 191 providers for nursing home residents WORKERS—POLITICAL ACTION FOR of such Code. and also seniors residing in rural envi- (f) EFFECTIVE DATE.—The amendments CANDIDATE ELECTION, made by this section shall apply to expendi- ronments. But unlike other mental Washington, DC, May 25, 2005. tures incurred after the date of the enact- health providers, clinical social work- Senator BARBARA MIKULSKI, ment of this Act. ers cannot bill directly for the impor- Hart Senate Office Building, tant services they provide to their pa- Washington, DC. By Ms. MIKULSKI (for herself, tients. Protecting seniors’ access to DEAR SENATOR MIKULSKI: I am writing on behalf of the National Association of Social Ms. STABENOW, Mr. BINGAMAN, clinical social workers can help make Workers (NASW), the largest professional so- Mrs. MURRAY, Mr. CORZINE, Mr. sure that our most vulnerable citizens cial work organization with over 153,000 JOHNSON, and Mr. INOUYE): get the quality, affordable mental members nationwide. NASW promotes, de- S. 1148. A bill to amend title XVIII of health care they need and deserve. This velops, and protects the affective practice of the Social Security Act to permit di- bill will correct this inequity and make social work and social workers. NASW also rect payment under the medicare pro- sure clinical social workers get the seeks to enhance the well being of individ- gram for clinical social worker services payments and respect they deserve. uals, families, and communities through its provided to residents of skilled nursing Before the Balanced Budget Act of work, service, and advocacy. NASW strongly supports the Clinical So- facilities; to the Committee on Fi- 1997, clinical social workers billed cial Work Medicare Equity Act of 2005, which nance. Medicare Part B directly for mental will end the unfair treatment of clinical so- Ms. MIKULSKI. Mr. President, in health services provided in nursing fa- cial workers under the Medicare Part B Pro- honor of Older Americans’ Mental cilities to each patient they served. spective Payment System (PPS) for Skilled Health Week, I rise today to introduce Under the Prospective Payment Sys- Nursing Facilities (SNFs). the Clinical Social Work Medicare Eq- tem, services provided by clinical so- Section 4432 of the Balanced Budget Act of 1997 authorized the creation of the PPS, uity Act of 2005. I am proud to sponsor cial workers are lumped, or ‘‘bundled,’’ under which the cost of a variety of daily this legislation that will ensure that along with the services of other health services provided to SNF patients is bundled clinical social workers can receive care providers for the purposes of bill- into a single amount. Prior to PPS, a sepa- Medicare reimbursements for the men- ing and payments. Psychologists and rate Medicare Part B claim was filed by the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6043 provider for each individual service rendered only fair but also necessary if nursing home health clinics, NPs and PAs are the to a patient. Congress made this change in residents are to have access to the mental only full-time providers of medical an attempt to capitate the rapidly rising health care they need. care. Likewise, NPs and PAs may be costs of additional patient services delivered AAGP commends you for your introduc- the only healthcare professionals on- by Medicare providers to SNF patients, with tion of this important legislation, and we the precise target being physical, occupa- look forward to working with you towards site after hours at local clinics. tional, and speech-language therapy serv- its enactment. These professions are regulated by all ices. However, Congress recognized that Sincerely, States and are covered providers with- some services, such as mental health and an- CHRISTINE M. de VRIES, in Medicare, Tri-Care, and nearly all esthesia, are best provided on an individual Executive Director. private insurance plans. Indeed, many basis rather than as part of the bundle of S. 1148 Federal workers already regularly re- services. Thus, the following types of pro- ceive medical care from NPs and PAs viders are specifically excluded from the Be it enacted by the Senate and House of Rep- PPS: physicians, clinical psychologists, cer- resentatives of the United States of America in through their Federal Employee Health tified nurse-midwives, and certified reg- Congress assembled, Benefits Plan. NPs and PAs are also istered nurse anesthetists. Unfortunately, SECTION 1. SHORT TITLE. employed by the Federal Government, due to an unintentional oversight during the This Act may be cited as the ‘‘Clinical So- including the Department of Veterans drafting process, clinical social workers were cial Work Medicare Equity Act of 2005’’. Affairs, Department of State, Depart- not listed among the aforementioned pro- SEC. 2. PERMITTING DIRECT PAYMENT UNDER ment of Defense, and the Public and In- viders in the legislation. THE MEDICARE PROGRAM FOR dian Health Services. In fact, most In 1996, Department of Health and Human CLINICAL SOCIAL WORKER SERV- Services Inspector General June Gibbs ICES PROVIDED TO RESIDENTS OF State workers’ compensation programs Brown published a report entitled ‘‘Mental SKILLED NURSING FACILITIES. cover NPs and PAs as reimbursable Health Services in Nursing Facilities’’. The (a) IN GENERAL.—Section 1888(e)(2)(A)(ii) of providers. purpose of the report was to describe the the Social Security Act (42 U.S.C. Again, I thank Senator KENNEDY for types of mental health services provided in 1395yy(e)(2)(A)(ii)) is amended by inserting his cooperation in ensuring cost-effec- nursing facilities and identify potential ‘‘clinical social worker services,’’ after tive quality medical care is available ‘‘qualified psychologist services,’’. vulnerabilities in the mental health services to injured Federal workers. covered by Medicare. One critical finding of (b) CONFORMING AMENDMENT.—Section 1861(hh)(2) of the Social Security Act (42 Mr. KENNEDY. Mr. President, today, the report was 70% of nursing home respond- with my distinguished colleague Sen- ents stated that permitting clinical social U.S.C. 1395x(hh)(2)) is amended by striking workers and clinical psychologists to bill ‘‘and other than services furnished to an in- ator ISAKSON, I am pleased to introduce independently had a beneficial effect on the patient of a skilled nursing facility which the Improving Access to Workers’ Com- provision of mental health services in nurs- the facility is required to provide as a re- pensation for Injured Federal Workers ing facilities. The Clinical Social Work quirement for participation’’. Act. Medicare Equity will maintain this bene- (c) EFFECTIVE DATE.—The amendments Our federal employees serve the ficial effect on SNF patients by ensuring the made by this section shall apply to items American public. Day in and day out, continuation of direct Medicare billing by and services furnished on or after the date that regulations relating to payment for they keep our homeland secure, protect clinical social workers for mental health our environment, and oversee and care services rendered to SNF patients. physicians’ services for calendar year 2005 Your efforts on behalf of mental health pa- take effect, but in no case later than the for those in need. They ensure the safe- tients and professional social workers na- first day of the third month beginning after ty of our food and our medicines, de- tionwide are greatly appreciated by our the date of the enactment of this Act. liver our daily mail, and undertake members. We thank you for your strong in- countless other duties that, while they terest in and commitment to this important By Mr. ISAKSON (for himself and sometimes go unnoticed, should never issue as demonstrated by your sponsorship of Mr. KENNEDY): be taken for granted. the Clinical Social Work Medicare Equity S. 1149. A bill to amend the Federal More than two-and-a-half million of Act. NASW looks forward to working with Employees’ Compensation Act to cover these workers are covered by the Fed- you on this and future issues of mutual con- services provided to injured Federal eral Employees’ Compensation Act cern. workers by physician assistants and Sincerely, (FECA). In addition to compensating DAVID DEMPSEY, nurse practitioners, and for other pur- workers for lost wages, FECA provides Manager, Government Relations and PACE. poses; to the Committee on Homeland medical treatment to Federal workers Security and Governmental Affairs. injured on the job, to help them return AMERICAN ASSOCIATION FOR Mr. ISAKSON. Mr. President, I am to health and to work quickly. GERIATRIC PSYCHIATRY, pleased to rise and join Senator KEN- FECA is an effective and fair com- Bethesda, MD, May 25, 2005. NEDY in introducing the Improving Ac- pensation system. This bill will make Hon. BARBARA MIKULSKI, cess to Workers’ Compensation for In- U.S. Senate, it even better by expanding it to cover Washington, DC. jured Federal Workers Act. services provided by nurse practi- DEAR SENATOR MIKULSKI: On behalf of the One of Congress’s biggest challenges tioners and physician assistants. This American Association for Geriatric Psychi- year in and year out is providing access will protect many workers who are now atry (AAGP), I am writing to endorse the to affordable quality healthcare for the without access to needed care when a ‘‘Clinical Social Work Medicare Equity Act American people. Today, I am pleased job-related injury strikes. of 2005.’’ to announce that Senator KENNEDY and Nurse practitioners and physicians’ AAGP is a professional membership orga- I have found an opportunity to provide nization dedicated to promoting the mental assistants play growing role in medical health and well-being of older people and im- injured Federal workers with a better care, with more than 100,000 nurse prac- proving the care of those with late-life men- system of reimbursable healthcare for titioners and 46,000 physicians’ assist- tal disorders. AAGP’s membership consists their workers compensation claims. ants across the country. They provide of 2,000 geriatric psychiatrists, as well as Physicians assistants and nurse prac- crucial services—diagnosing and treat- other health professionals who focus on the titioners are vital contributors to our ing illnesses, ordering and interpreting mental health problems faced by senior citi- healthcare system. Together, they pro- diagnostic and laboratory tests and zens. vide economical quality medical care This legislation would permit direct pay- educating and counseling patients and ment under the Medicare program for clin- to the American people. Unfortunately, families. In many States they can also ical social worker services provided to resi- however, they are currently not recog- prescribe medications. dents of skilled nursing facilities. The num- nized in the current FECA statute. Nurse practitioners and physicians’ bers of mental health professionals available When Federal workers’ compensation assistants provide these top quality to treat older adults, including residents of claims are signed by NPs or PAs, the services in a cost-effective way. The nursing homes, are already inadequate, and Federal Government denies these Department of Health and Human as the baby boom generation ages, the needs claims. With the introduction of this Services reports that an office visit to will only increase. Clinical social workers bill, Senator KENNEDY and I want to see a nurse practitioner costs 10 per- constitute a crucial component of the team of mental health professionals who are able correct this hurdle to economical med- cent to 40 percent less than comparable to deliver this care, and assuring that they ical care. services from a physician, and the Bu- are able to bill for their services in the same The need for this straightforward leg- reau of Labor Statistics calls physi- way as psychiatrists and psychologists is not islation is clear. In some rural area cians’ assistants ‘‘cost-effective and

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6044 CONGRESSIONAL RECORD — SENATE May 26, 2005 productive members of the healthcare And we know that some of these placed with newer technologies. Just to team.’’ sources get lost or stolen. A 2003 GAO give one example, some steel mills While their impact is felt throughout report found that since 1998, there have have been replacing nuclear process our nation, these care providers play a been more than 1,300 incidents where gauges with other technologies. particularly important role in rural radiation sources were lost, stolen or By exploring other opportunities to and low-income urban areas, which are abandoned. reduce the use of radioactive materials often underserved by doctors. In fact, While not all of these sources and in- where possible and appropriate, we can in some rural areas, an injured Federal cidents present potential dirty bomb shrink the pool of radioactive mate- worker may be required to travel more threats, it’s clear that we need to do a rials that are available to make a dirty than one-hundred miles to see a physi- better job. bomb in the future. cian and receive care that is covered This legislation fills in remaining So I hope we can take action on this under FECA. This bill would expand gaps to enable the U.S. to more effec- legislation soon. Here in the Senate I Federal workers’ service options to in- tively control radiation sources. will be working with my colleagues to clude physicians’ assistants or nurse First, the bill would give the Nuclear see whether we can include this legisla- practitioners who are more likely to be Regulatory Commission the authority tion in a nuclear plant security bill located nearby. and the mandate to control Radium-226 that the committee will be marking up I urge my colleagues to join me in and other naturally occurring radio- in June. supporting this bill and recognizing the active materials that for historical I ask unanimous consent that the invaluable work done by our Federal reasons have remained outside of fed- text of bill be printed in the RECORD. employees and the high-quality cost-ef- eral control. There being no objection, the bill was fective care provided by nurse practi- Radium-226 is of particular concern, ordered to be printed in the RECORD, as tioners and physicians’ assistants. as it is on the list of radiation sources follows: that the United States has agreed to S. 1150 By Mrs. CLINTON: control as part of adhering to the S. 1150. A bill to increase the security International Atomic Energy Agency Be it enacted by the Senate and House of Rep- of radiation sources, and for other pur- resentatives of the United States of America in Code of Conduct on the Safety and Se- Congress assembled, poses; to the Committee on Environ- curity of Radioactive Sources. ment and Public Works. SECTION 1. SHORT TITLE. Radium-226 was used in medicine, This Act may be cited as the ‘‘Dirty Bomb Mrs. CLINTON. Mr. President, I rise starting early in the 20th century. Its Prevention Act’’. to discuss the Dirty Bomb Prevention use increased until the 1950s, when SEC. 2. RADIATION SOURCE PROTECTION. Act of 2005, which I am introducing there were more than 5,000 radium (a) AMENDMENT.—Chapter 14 of the Atomic today in the Senate, and Congressman users in the U.S. Since then, its use de- Energy Act of 1954 (42 U.S.C. 2201 et seq.) is MARKEY is introducing in the House. clined, and we don’t have a good handle amended by adding at the end the following Since September 11, we have in- on what is left out there. Because it is new section: creased our focus on dirty bombs, and naturally occurring, it has stayed out ‘‘SEC. 170C. RADIATION SOURCE rightly so. federal regulatory net. So we need to PROTECTION. — Most Americans are not aware of how give the NRC the authority to go out ‘‘a. NUCLEAR REGULATORY COMMISSION AP- common this radioactive material is in PROVAL.—Not later than 180 days after the and get control of it. date of enactment of this section, the Nu- our country. Often we think of war- Second, the bill requires the NRC to heads or rods used in nuclear reactors. clear Regulatory Commission shall issue reg- develop within 6 months of enactment ulations prohibiting a person from— However, we use less radioactive mate- a ‘‘cradle-to-grave’’ tracking system to ‘‘(1) exporting a radiation source unless the rials in positive ways in our hospitals, ensure that we know where radiation Nuclear Regulatory Commission has specifi- research laboratories, food irradiation sources of concern are at all times. cally found, with respect to that export, plants, oil drilling facilities, airport That’s just common sense, and if that— runway lighting, and even in smoke de- FedEx can do it, I think we ought to be ‘‘(A) the appropriate regulatory agency in tectors. able to do it for materials that could be the recipient country— And although these materials have ‘‘(i) has been informed of the proposed ex- used in a dirty bomb. port; and beneficial uses, the fact is that some of Third, the bill requires the establish- them, in the hands of a terrorist, could ‘‘(ii) has determined that the proposed ex- ment of import and export controls for port will be made in accordance with the re- be used to make a dirty bomb that radiation sources. This is obvious—we cipient nation’s laws and regulations; could be used to contaminate a wide need to know what’s coming and going ‘‘(B) the recipient nation has the appro- area in New York City or in many as part of our efforts to control these priate technical and administrative capa- other places across the country. materials. bility, resources, and regulatory structure to According to the Federation of Amer- These 3 provisions are fundamental ensure that the radiation source will be man- ican Scientists, ‘‘material that could steps that we know we need to take aged in a safe and secure manner; and easily be lost or stolen from U.S. re- today to reduce the risk that radio- ‘‘(C) the person exporting the radiation source has made arrangements to retake pos- search institutions and commercial active materials will fall into the sites could contaminate tens of city session of it when the recipient is no longer wrong hands. using it; blocks at a level that would require But the bill also looks forward in sev- ‘‘(2) importing a radiation source unless prompt evacuation . . . Areas as large eral ways. the Nuclear Regulatory Commission has spe- as tens of square miles could be con- First, the bill requires an inter-agen- cifically found, with respect to that import, taminated at levels that exceed rec- cy task force on radiation source pro- that— ommended civilian exposure limits. ‘‘ tection to make periodic recommenda- ‘‘(A) the proposed recipient is authorized Even if such contamination caused tions to Congress and the NRC about under law to receive the shipment; and by a dirty bomb did not pose severe the safety and security of radiation ‘‘(B) the shipment will be made in accord- health threats, efforts to determine the sources. That way we will know how ance with all applicable Federal and State laws and regulations; and extent of contamination and clean it we’re doing, and what we need to do in ‘‘(3) selling or otherwise transferring own- up would be both expensive and disrup- the future. ership of a radiation source unless the Nu- tive. Second, the bill requires a National clear Regulatory Commission has specifi- And we know that radiation sources Academy of Sciences study of whether cally found, with respect to that sale or are numerous in the United States. The some current industrial uses of radi- transfer, that— Nuclear Regulatory Commission (NRC) ation sources could be replaced with ‘‘(A) the proposed recipient is authorized reports that about 157,000 general and non-radioactive or less dangerous ra- under law to receive the radiation source; specific licenses have been issued au- dioactive materials. As I stated early and thorizing the use of radioactive mate- ‘‘(B) the transfer will be made in accord- on, there are many beneficial and nec- ance with all applicable Federal and State rials for industrial, medical, and other essary uses of radioactive materials, laws and regulations. uses. About 1.8 million devices con- such as in medicine. ‘‘b. TRACKING SYSTEM.—Not later than 180 taining radioactive sources have been But there are some cases where use days after the date of enactment of this sec- distributed under these licenses. of radioactive materials can be re- tion, the Nuclear Regulatory Commission

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6045 shall issue regulations establishing a manda- local agencies and appropriate members of States with which the Commission has en- tory tracking system for all radiation the public, after public notice and an oppor- tered into an agreement under section 274 b., sources in the United States. Such system tunity for public comment, shall evaluate and the screening of shipments to facilities shall— and provide recommendations to ensure the particularly at risk for sabotage of radiation ‘‘(1) enable the identification of each radi- security of radiation sources from potential sources to ensure that they do not contain ation source by serial number or other terrorist threats, including acts of sabotage, explosives. unique identifier; theft, or use of such radiation sources in a ‘‘g. DEFINITION.—For purposes of this sec- ‘‘(2) require reporting within 24 hours of radiological dispersal device. tion, the term ‘radiation source’ means any any change of geographic location or owner- ‘‘(B) RECOMMENDATIONS TO CONGRESS AND sealed or unsealed source whose activity lev- ship of a radiation source, including any THE PRESIDENT.—Not later than 1 year after els are within Category 1, Category 2, or Cat- change of geographic location that occurs the date of enactment of this section, and egory 3 as defined under the Code of Conduct while the radiation source is being trans- not less than once every 3 years thereafter, on the Safety and Security of Radioactive ported; the task force shall submit a report to Con- Sources, approved by the Board of Governors ‘‘(3) require reporting within 24 hours of gress and to the President, in unclassified of the International Atomic Energy Agency any loss of control of or accountability for a form with a classified annex if necessary, on September 8, 2003.’’. radiation source; and providing recommendations, including rec- (b) TABLE OF SECTIONS AMENDMENT.—The table of sections of the Atomic Energy Act of ‘‘(4) provide for reporting through a secure ommendations for appropriate regulatory 1954 is amended by adding at the end of the Internet connection. and legislative changes, for— items relating to chapter 14 the following ‘‘c. PENALTY.—Each violation of regula- ‘‘(i) a list of additional radiation sources tions issued under subsection a. or b. shall be that should be required to be secured under new items: punishable by a civil penalty of up to this Act, based on their potential ‘‘Sec. 170B. Uranium supply $1,000,000. attractiveness to terrorists and the extent of ‘‘Sec. 170C. Radiation source protection’’. ‘‘d. NATIONAL ACADEMY OF SCIENCES the threat to public health and safety, tak- SEC. 3. TREATMENT OF ACCELERATOR-PRO- STUDY.—Not later than 60 days after the date ing into account radiation source radioac- DUCED AND OTHER RADIOACTIVE of enactment of this section, the Nuclear tivity levels, dispersability, chemical and MATERIAL AS BY-PRODUCT MATE- RIAL. Regulatory Commission shall enter into an material form, and, for radiopharma- (a) DEFINITION OF BYPRODUCT MATERIAL.— arrangement with the National Academy of ceuticals, the availability of these sub- Section 11 e. of the Atomic Energy Act of Sciences for a study of industrial, research, stances to physicians and patients whose 1954 (42 U.S.C. 2014(e)) is amended— and commercial uses for radiation sources. medical treatments relies on them, and (1) by striking ‘‘means (1) any radioactive’’ The study shall review the current uses for other factors as appropriate; and inserting ‘‘means— radiation sources, identifying industrial or ‘‘(ii) the establishment of or modifications ‘‘(1) any radioactive’’; other processes that utilize radiation sources to a national system for recovery of radi- (2) by striking ‘‘material, and (2) the that could be replaced with economically ation sources that have been lost or stolen; tailings’’ and inserting ‘‘material; and technically equivalent (or improved) ‘‘(iii) the storage of radiation sources not ‘‘(2) the tailings’’; and processes that do not require the use of radi- currently in use in a safe and secure manner; (3) by striking ‘‘content.’’ and inserting ation sources, or that can be used with radi- ‘‘(iv) modification to the national tracking ‘‘content; ation sources that would pose a lesser risk to system for radiation sources; ‘‘(3)(A) any discrete source of radium that public health and safety in the event of an ‘‘(v) the establishment of or modifications is produced, extracted, or converted after ex- accident or attack involving the radiation to a national system to impose fees to be col- traction, before, on, or after the date of en- source. The Nuclear Regulatory Commission lected from users of radiation sources, to be actment of this paragraph for use in com- shall transmit the results of the study to refunded when the radiation sources are mercial, medical, or research activity; or Congress not later than 24 months after the properly disposed of, or any other method to ‘‘(B) any material that— date of enactment of this section. ensure the proper disposal of radiation ‘‘(i) has been made radioactive by use of a ‘‘e. COMMISSION ACTIONS.—Not later than 60 sources; particle accelerator; and days after receipt by Congress and the Presi- ‘‘(vi) any modifications to export controls ‘‘(ii) is produced, extracted, or converted dent of a report required under subsection on radiation sources necessary to ensure after extraction, before, on, or after the date f.(3)(B), the Nuclear Regulatory Commission, that foreign recipients of radiation sources of enactment of this paragraph for use in in accordance with the recommendations of are able and willing to control United commercial, medical, or research activity; the task force, shall take any appropriate ac- States-origin radiation sources in the same and tions, including commencing revision of its manner as United States recipients; ‘‘(4) any discrete source of naturally occur- system for licensing radiation sources, and ‘‘(vii) whether alternative technologies are ring radioactive material, other than source shall take necessary steps to ensure that available that can perform some or all of the material, that— States that have entered into an agreement functions currently performed by devices or ‘‘(A) has been removed from the natural under section 274 b. establish compatible pro- processes that employ radiation sources, and environment and has been concentrated to grams in a timely manner. if so, the establishment of appropriate regu- levels greater than that found in the natural ‘‘f. TASK FORCE ON RADIATION SOURCE PRO- lations and incentives for the replacement of environment due to human activities; and TECTION AND SECURITY.— such devices or processes with alternative ‘‘(B) before, on, or after the date of enact- ‘‘(1) ESTABLISHMENT.—There is hereby es- technologies in order to reduce the number ment of this paragraph, is extracted or con- tablished a task force on radiation source of radiation sources in the United States, or verted after extraction for use in commer- protection and security. with radiation sources that would pose a cial, medical, or research activity.’’. ‘‘(2) MEMBERSHIP.—The task force shall be lesser risk to public health and safety in the (b) AGREEMENTS.—Section 274 b. of the headed by the Chairman of the Nuclear Reg- event of an accident or attack involving the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)) ulatory Commission or the Chairman’s des- radiation source; and is amended— ignee. Its members shall be the following: ‘‘(viii) the creation of or modifications to (1) by amending paragraph (1) to read as ‘‘(A) The Secretary of Homeland Security procedures for improving the security of ra- follows: or the Secretary’s designee. diation sources in use, transportation, and ‘‘(1) byproduct materials (as defined in sec- ‘‘(B) The Secretary of Defense or the Sec- storage, which may include periodic Nuclear tion 11 e.);’’; retary’s designee. Regulatory Commission audits or inspec- (2) by striking paragraph (2); and ‘‘(C) The Secretary of Energy or the Sec- tions to ensure that radiation sources are (3) by redesignating paragraphs (3) and (4) retary’s designee. properly secured and can be fully accounted as paragraphs (2) and (3), respectively. ‘‘(D) The Secretary of Transportation or for, Nuclear Regulatory Commission evalua- (c) REGULATIONS.— the Secretary’s designee. tion of security measures, increased fines for (1) IN GENERAL.—Not later than 1 year after ‘‘(E) The Attorney General or the Attorney violations of Nuclear Regulatory Commis- the date of enactment of this Act, the Nu- General’s designee. sion regulations relating to security and clear Regulatory Commission, after con- ‘‘(F) The Secretary of State or the Sec- safety measures applicable to licensees who sultation with States and other stake- retary’s designee. possess radiation sources, criminal and secu- holders, shall promulgate final regulations ‘‘(G) The Director of National Intelligence rity background checks for certain individ- as the Commission considers necessary to or the Director’s designee. uals with access to radiation sources (includ- implement this Act and the amendments ‘‘(H) The Director of the Central Intel- ing individuals involved with transporting made by this Act. Such regulations shall in- ligence Agency or the Director’s designee. radiation sources), assurances of the phys- clude a definition of the term ‘‘discrete’’ for ‘‘(I) The Director of the Federal Emer- ical security of facilities that contain radi- purposes of paragraphs (3) and (4) of section gency Management Agency or the Director’s ation sources (including facilities used to 11 e. of the Atomic Energy Act of 1954 (as designee. temporarily store radiation sources being added by subsection (a)) that is designed to ‘‘(J) The Director of the Federal Bureau of transported), requirements and a mechanism ensure that byproduct material is controlled Investigation or the Director’s designee. for effective and timely exchanges of infor- in a manner consistent with other materials ‘‘(3) DUTIES.— mation regarding the results of such crimi- that pose the same threat to public health ‘‘(A) IN GENERAL.—The task force, in con- nal and security background checks between and safety and the common defense and secu- sultation with other State, Federal, and the Nuclear Regulatory Commission and rity.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6046 CONGRESSIONAL RECORD — SENATE May 26, 2005 (2) COOPERATION.—The Commission shall reacquire nuclear fuel described in paragraph In fact, the ‘‘cap and trade’’ provi- cooperate with the States in formulating the (1) for disposal, giving highest priority to nu- sions and the new technology title are regulations under paragraph (1), and to the clear fuel that is— complementary parts of a comprehen- extent practicable shall use existing State (i) in a location that is not secure; or sive program that will allow us to consensus standards. (ii) in a country that does not have suffi- usher in an new energy era, an era of (3) TRANSITION.—To ensure an orderly tran- cient resources to either properly dispose of sition of regulatory authority with respect the nuclear fuel or return the nuclear fuel to responsible and innovative energy pro- to byproduct material as defined in para- the United States for disposal. duction and use that will yield enor- graphs (3) and (4) of section 11 e. of the (B) AUTHORIZATION OF APPROPRIATIONS.— mous environmental, economic, and Atomic Energy Act of 1954 (as added by sub- There are authorized to be appropriated to diplomatic benefits. The ‘‘cap and section (a)), the regulations promulgated the Secretary of Energy $50,000,000 for each trade’’ portion provides the economic under paragraph (1) shall include a transi- of the fiscal years 2006 through 2010 for car- driver for existing and new tech- tion plan, developed in coordination with rying out subparagraph (A). nologies capable of supplying reliable States, for— (b) RADIATION SOURCES AND SEALED and clean energy and making the best (A) States that have not, before such plan SOURCES OF PLUTONIUM.— is issued, entered into an agreement with the (1) REPORT.—Not later than 6 months after use of America’s available energy re- Commission under section 274 b. of the the date of enactment of this Act, the Sec- sources. Because of the multiple bene- Atomic Energy Act of 1954 (42 U.S.C. 2021(b)); retary of Energy shall transmit to Congress fits promised by this comprehensive and a report accounting for the location and sta- program, we expect that the new bill (B) States that have entered into such an tus of all radiation sources (as defined in sec- will attract additional support for the agreement with the Commission, including, tion 170C(g) of the Atomic Energy Act of vital purposes of the Climate Steward- in the case of a State that has entered into 1954, as added by section 1 of this Act) and ship Act. We simply need the political such an agreement and has certified that it sealed sources of plutonium weighing more will to match the public’s concern has an existing State program for licensing than 1 gram that have been exported by the of the byproduct material defined in para- Federal Government. about climate change, the economic in- graphs (3) and (4) of section 11 e. of the (2) REACQUISITION.— terests of business and consumers, and Atomic Energy Act of 1954 (as added by sub- (A) IN GENERAL.—The Secretary of Energy American technological ingenuity and section (a)) that is adequate to protect pub- shall, to the maximum extent practicable, expertise. lic health and safety, provision for assump- reacquire radiation sources and sealed Our comprehensive bill sets forth a tion by the State of regulatory responsi- sources of plutonium described in paragraph sound course toward a productive, se- bility for such byproduct material through (1) for disposal that are— cure, and clean energy future. Its pro- an administrative process that— (i) in a location that is not secure; or (i) provides interim provisional recognition visions are based on the important ef- (ii) in a country that does not have suffi- forts undertaken by academia, Govern- of an existing State program for licensing cient resources to either properly dispose of the byproduct material until adoption of an the radiation sources and sealed sources of ment, and business over the past dec- amended agreement under section 274 b.; and plutonium or return the radiation sources ade to determine the best ways and (ii) requires that the byproduct material is and sealed sources of plutonium to the means towards This energy future. included in the periodic reviews of the State United States for disposal. Most of these studies have shared two programs for adequacy and compatibility re- (B) AUTHORIZATION OF APPROPRIATIONS.— common findings. First, significant re- quired under section 274 j.(1). There are authorized to be appropriated to ductions in greenhouse gases—well be- (4) AVAILABILITY OF RADIOPHARMA- the Secretary of Energy $30,000,000 for each CEUTICALS.—In its promulgation of final yond the modest goals of our bill—are of the fiscal years 2006 through 2010 for car- feasible over the next 10 to 20 years rules under paragraph (1), the Commission rying out subparagraph (A). shall consider the impact on the availability using technologies available today. of radiopharmaceuticals to the physicians By Mr. MCCAIN (for himself and Second, the most important techno- and patients whose medical treatment relies Mr. LIEBERMAN): logical deployment opportunities to re- on them. S. 1151. A bill to provide for a pro- duce emissions over the next two dec- (d) WASTE DISPOSAL.— ades lie with energy efficient tech- (1) IN GENERAL.—Section 81 of the Atomic gram to accelerate the reduction of Energy Act of 1954 (42 U.S.C. 2111) is amended greenhouse gas emissions in the United nologies and renewable energy sources, by adding at the end the following: ‘‘Byprod- States by establishing a market-driven including solar, wind, and biofuels. For uct material may only be transferred to and system of greenhouse gas tradeable al- example, in the electric power sector, disposed of in a disposal facility licensed by lowances, to limit greenhouse gas which accounts for one-third of U.S. the Commission, if the disposal facility emissions in the United States and re- emissions, major pollution reductions meets the licensing requirements of the duce dependence upon foreign oil, to can be achieved by improving the effi- Commission and is adequate to protect pub- support the deployment of new climate ciency of existing fossil fuel plants, lic health and safety, or a disposal facility li- adding new reactors designs for nuclear censed by a State that has entered into an change-related technologies, and en- agreement with the Commission under sec- sure benefits to consumers; to the power, expanding use of renewable tion 274 b., if the disposal facility meets re- Committee on Environment and Public power sources, and significantly reduc- quirements of the State that are compatible Works. ing electricity demand with the use of with the licensing requirements of the Com- Mr. MCCAIN. Mr. President, I am energy-saving technologies currently mission and is adequate to protect public pleased to join with Senator LIEBER- available to residential and commer- health and safety.’’. MAN today in introducing an amended cial consumers. These clean tech- (2) BYPRODUCT MATERIAL NOT CONSIDERED version of the Climate Stewardship nologies need to be promoted and that LOW-LEVEL RADIOACTIVE WASTE.—Section 2(9) Act, which we introduced in February. is what spurs our action today. of the Low-Level Radioactive Waste Policy The legislation we submit today in- Before describing the details of this Act (42 U.S.C. 2021b(9)) is amended by adding after subparagraph (B) the following: corporates the provisions of S. 342, the legislation, I think it is important to ‘‘Such term shall not include byproduct ma- Climate Stewardship Act of 2005, in its talk about what has occurred since the terial as defined in paragraphs (3) and (4) of entirety, along with a new comprehen- Senate vote on this issue in October section 11 e. of the Atomic Energy Act of sive title regarding the development 2003. For example, the scientific evi- 1954.’’. and deployment of climate change re- dence of human-induced climate (e) EFFECTIVE DATE.—Subsections (a), (b), duction technologies. This new title, change has grown even more abundant. and (d) shall take effect 1 year after the date of enactment of this Act. when combined with the ‘‘cap and But just since February of this year, SEC. 4. RADIATION SOURCES CONTROLLED BY trade’’ provisions of the previously in- when I highlighted the results of the DEPARTMENT OF ENERGY. troduced bill, will promote the com- Arctic Climate Impact Assessment, (a) NUCLEAR FUEL.— mercialization of technologies that can even more startling evidence about the (1) REPORT.—Not later than 6 months after significantly reduce greenhouse gas Arctic region has been revealed. In a the date of enactment of this Act, the Sec- emissions, mitigate the impacts of cli- recent Congressional briefing, Dr. Rob- retary of Energy shall transmit to Congress mate change, and increase the Nation’s ert Corell, chair of Arctic Climate Im- a report accounting for the location and sta- energy independence. And, it will help pact Assessment, presented recent data tus of all nuclear fuel that has been exported by the Federal Government. to keep America at the cutting edge of indicating that climate change in the (2) REACQUISITION.— innovation where the jobs and trade Arctic is occurring more rapidly than (A) IN GENERAL.—The Secretary of Energy opportunities of the new economy are previously thought. Annual average shall, to the maximum extent practicable, to be found. arctic temperatures have increased at

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6047 twice the rate of global temperatures It appears that Mr. Blair’s two prior- some of the key provisions designed to over the past several decades, with ities are quickly becoming one enor- enhance innovation and commer- some regions increasing by five to ten mous challenge. cialization in key areas. These include times the global average. In its September 2004 issue, The Na- zero and low greenhouse gas emitting The latest observations show Alas- tional Geographic devotes 74 pages lay- power generation, such as nuclear, coal ka’s 2004 June–July–August mean tem- ing out in great detail the necessity of gasification, solar and other renew- perature to be nearly 5 degrees Fahr- tackling our planet’s problem of global ables, geological carbon sequestration, enheit, 2.8 degrees Celsius, above the warming. In an introductory piece, and biofuels: 1971–2000 historic mean, and permafrost Editor-in-Chief Bill Allen described The bill directs the Secretary of temperature increasing enough to just how important he thinks this par- Commerce, through the former Tech- cause it to start melting. Dr. Corell ticular series of articles is: nology Administration, which would be said the Greenland ice sheet is melting Why would I publish articles that make renamed the Innovation Administra- more rapidly than thought even 5 years people angry enough to stop subscribing? tion, to develop and implement new ago, and that the climate models indi- That’s easy. These three stories cover sub- policies that foster technological inno- cate that warming over Greenland is jects that are too important to ignore. From vation to address global warming. likely to be up to three times the glob- Antarctica to Alaska to Bangladesh, a global These new directives include: devel- al average, with warming projected to warming trend is altering habitats, with dev- oping and implementing strategic be in the range of 5 to 11 degrees Fahr- astating ecological and economic effects. . . plans to promote technological innova- enheit, 3 to 6 degrees Celsius, which This isn’t science fiction or a Hollywood tion; identifying and removing barriers movie. We’re not going to show you waves will most certainly lead to sea-level to the research, development, and com- swamping the Statue of Liberty. But we are mercialization of key technologies; rise. These are remarkable new sci- going to take you all over the world to show entific findings. you the hard truth as scientists see it. I can prioritizing and maximizing key fed- It isn’t surprising that just this past live with some canceled memberships. I’d eral R&D programs to aid innovation; Tuesday, indigenous leaders from Arc- have a harder time looking at myself in the (establishing public/private partner- tic regions called on the European mirror if I didn’t bring you the biggest story ships to meet vital innovation goals; Union to do more to fight global warm- in geography today. and promoting national infrastructure ing and to consider giving aid to their The articles highlight many inter- and educational initiatives that sup- peoples, saying their way of life is at esting facts. Dr. Lonnie Thompson of port innovation objectives. risk. Global warming is said to be caus- Ohio State University collects ice It also authorizes the Secretary of ing the arrival in the far north of mos- cores from glaciers around the world, Energy to establish public/private part- quitoes bearing infectious diseases. including the famed snows of Kiliman- nerships to promote the commer- And in Scandinavia, more frequent jaro, which could vanish in 15 years. cialization of climate change tech- rains in the winter are causing sheets According to Dr. Thompson, ‘‘What nologies by working with industry to of ice to develop on top of snow, caus- glaciers are telling us, is that it is now advance the design and demonstration ing animals to die of hunger because warmer than it has been in the past of zero and low emission technologies they cannot reach the grass under- 2,000 years over vast areas of the plan- in the transportation and electric gen- neath. et.’’ Many of the ice cores he has in his eration sectors. Specifically, the Sec- We are not asking for sympathy, said freezer may soon contain the only re- retary would be authorized to partner with industry to share the cost, 50/50, Larisa Abrutina of the Russian Association mains of the glaciers from which they of ‘‘first-of-a-kind’’ designs for ad- of Indigenous Peoples of the North. We are came from. asking each country in the world to examine vanced coal, nuclear energy, solar and Highlighted quotes from the articles if it is truly doing its part to slow climate biofuels. Moreover, each time that a include: Things that normally happen change. utility builds a plant based on the in geologic time are happening during The efforts taking place globally to ‘‘first-of-a-kind engineering’’ design the span of a human lifetime. The fu- address climate change have gained authorized by this bill, a ‘‘royalty’’ ture breakdown of the thermohaline even greater prominence. For example, type payment will be paid by the util- circulation remains a disturbing possi- British Prime Minister Tony Blair has ity to reimburse the original amount bility. More than a hundred million made climate change one of his top two provided by the Government. people worldwide live within 3 feet of issues during his Presidency of the G8. After the detail design phase is com- mean sea level. At some point, as tem- Mr. Blair’s commitment to addressing plete, the Secretary would be able to peratures continue to rise, species will climate change should be commended. provide loans or loan guarantees, Up to have no room to run. The natural cy- He has chosen to take action and not 80 percent, for the construction of cles of interdependent creatures may to hide behind the uncertainties that these new designs including three nu- fall out of sync. We will have a better the science community will soon re- clear plant designs certified by the idea of the actual changes in 30 years. solve. The Prime Minister made it NRC that would produce zero green- But it is going to be a very different clear in a January speech at World house gas emissions; three advanced world. Economic Forum in Davos as to his in- coal gasification plants with carbon Global warming demands urgent ac- tentions when he said: capture and storage that make use of tion on all fronts, and we have an obli- . . . if America wants the rest of the world to our abundant coal resources while stor- be a part of the agenda it has set, it must be gation to promote the technologies ing carbon emissions underground; a part of their agenda too. that can help us meet the challenge. three large scale solar energy plants to The top two issues that Prime Min- Our aim has never been simply to in- begin to tap the enormous potential of ister Blair has chosen to deal with are troduce climate stewardship legisla- this completely clean energy source; climate change and poverty in Africa. tion. Rather our purpose is to have leg- and three large scale facilities to It is interesting to note that a recent islation enacted to begin to address the produce the clean, efficient, and plenti- article in the New York Times high- urgent global warming crisis that is ful biofuel of the future—cellulosic eth- lighted the connection between the two upon us. This effort cannot be about anol. issues. The article highlights that a 50- political expediency. It must be about The loan program will be adminis- year-long drying trend is likely to con- practical realities and addressing the tered by a Climate Technology Financ- tinue and appears to be tightly linked most pressing issue facing not only our ing Board, whose membership will in- to substantial warming of the Indian nation, but the world. We believe that clude the Secretary of Energy, a rep- Ocean. According to Dr. James Hurrell, our legislation offers practical and ef- resentative from the Climate Change a scientist at the National Center for fective solutions and we urge each Credit Corporation, as would be created Atmospheric Research: members careful consideration and in the bill, and others with pertinent support. . . . the Indian Oceans shows very clear and expertise. Once each plant is oper- dramatic warming into the future, which I will include for the Record a more ational, the private partner will be ob- means more and more drought for southern detailed description of the various ligated to pay back these loans from Africa. It is consistent with what we would components of the new technology the government, as is the case with expect from an increase in greenhouse gases. title. However, I do want to describe any construction loan.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6048 CONGRESSIONAL RECORD — SENATE May 26, 2005 I think it is important to be very such as Jeffrey Immelt, CEO of General the commercialization of zero and low- clear about this ambitious, but nec- Electric, one of the largest companies emission electric generation tech- essary, technology title. We intend in the U.S. nologies, including nuclear, clean coal, that much, if not all, of the costs of the Moreover, using the proven market solar and other renewable energies, and demonstration initiatives, along with principles that underlie cap and trade biofuels. the loan program, will be financed by will harness American ingenuity and I want to take some time to address the early sale of emission allowances innovation and do more to spur the in- the bill’s nuclear provisions. Although through the Climate Change Credit novation and commercialization of ad- these provisions are only part of the Corporation under the cap and trade vanced environmental technologies comprehensive technology package, I program, so that industry and the mar- than any system of previous energy- am sure they will be the focus of much ket will foot much of the bill, not the bill style subsidies that Congress can attention. taxpayers. And, as I already men- devise. I know that some of our friends in tioned, the bill requires that any Fed- Three decades of assorted energy the environmental community main- eral money used to build plants will be bills prove that while subsidies to pro- tain strong objections to nuclear en- repaid by the utility when the plant be- mote alternative energy technologies ergy, even though it supplies nearly 20 comes operational. may sometimes help, alone they are percent of the electricity generated in Finally, the bill contains a mecha- not transformational. In the 1970s, the U.S. and much higher proportions nism requiring utilities to pay reim- Americans were waiting in line for lim- in places such as France, Belgium, bursement ‘‘royalties’’ as they build ited supplies of high priced gasoline. Sweden and Switzerland—countries plants based on zero and low emission We created a Department of Energy to that aren’t exactly known for their en- designs created with Federal assist- help us find a better way. Yet today, 30 vironmental disregard. But the fact is, ance. These funding provisions are years later, we remain wedded to fossil nuclear is clean, producing zero emis- more fair and certain than requiring fuels, economically beholden to the sions, while the burning of fossil fuels taxpayers to cover the entire costs of Middle East and we continue to alter to generate electricity produces ap- these programs and depending upon fu- the makeup of the upper atmosphere proximately 33 percent of the green- ture appropriations. But there will be with the ever-increasing volume of house gases accumulating in the at- some costs involved. That is why it is greenhouse gas emissions. Our dividend mosphere, and is a major contributor important to weigh these expenditures is continued energy dependence and to air pollution affecting our commu- against the staggering cost of inaction global warming that places our nation nities on global warming. I think we will find and the globe at enormous environ- The idea that nuclear power should more than a justified cost-benefit out- mental and economic risk. Not a very play no role in our energy mix is an come. good deal. unsustainable position, particularly In addition to promoting new or un- Cap and trade is the trans- given the urgency and magnitude of derutilized technologies, the bill also formational mechanism for reducing the threat posed by global warming includes a provision to aid in the de- carbon dioxide emissions, protecting which most regard as the greatest envi- ployment of available and efficient en- the global environment, diversifying ronmental threat to the planet. ergy technologies. This would be ac- the Nation’s energy mix, advancing our The International Energy Agency es- complished through a ‘‘reverse auc- economy, and spurring the develop- timates that the world’s energy con- tion’’ provision, which would establish ment and deployment of new and im- sumption is expected to rise over 65 a cost effective and proven mechanism proved technologies that can do the percent within the next 15 years. If the for Federal procurement and incen- job. It is indispensable to the task be- demand for electricity is met using tives. Providers’ ‘‘bids’’ would be evalu- fore us. traditional coal-fired power plants, not ated by the Secretary on their ability The Climate Stewardship and Innova- only will we fail to reduce carbon emis- to reduce, eliminate, or sequester tion Act does not prescribe the exact sions as necessary, the level of carbon greenhouse gas emissions. formula by which allowances will be al- The ‘‘reverse auction’’ program located under a cap and trade system. in the atmosphere will skyrocket, in- would be funded initially by the tax- This should be determined administra- tensifying the greenhouse effect and payers but eventually would be funded tively through a process developed the global warming it produces. by the proceeds from the annual auc- with great care to achieve the prin- As nuclear plants are decommis- tion of tradeable allowances conducted ciples and purposes of the Act. This in- sioned, the percentage of U.S. elec- by the Climate Change Credit Corpora- cludes assuring that high emitting tricity produced by this zero emission tion under the cap and trade program. utilities have ample incentives to clean technology will actually decline. I want to clarify that this bill doesn’t up and can make emission reductions Therefore, at a minimum, we must propose to dictate to industry what is economically and that low emitting make efforts to maintain nuclear ener- economically prudent for their par- utilities are treated justly and recog- gy’s level of contribution, so that this ticular operations. Rather, it provides nized for their efficiency. Getting this capacity is not replaced with higher a basis for the selection and implemen- balance right will not be easy, but it emitting alternatives. I, for one, be- tation of their own market-based solu- can and must be done. lieve it can and should play an even tions, using a flexible emissions trad- The fact remains that, if enacted, the greater role, not because I have some ing system model that has successfully bill’s emission cap will not go into ef- inordinate love affair with splitting the reduced acid rain pollution under the fect for another 5 years. In the interim atom, but for the very simple reason Clean Air Act at a fraction of antici- there is much that the country can and that we must support sustainable, zero- pated costs—less than 10 percent of the should do to promote the most environ- emission alternatives such as nuclear if costs that some had predicted when the mentally and economically promising we are serious about addressing the legislation was enacted. That success- technologies. This includes removing problem of global warming. ful model can and must be used to ad- unnecessary barriers to commercializa- I would like to submit for the record dress this urgent and growing global tion of new technologies so that new a piece written by Nicholas Kristof of warming crisis. plants, products, and processes can the New York Times. Mr. Kristof made The ‘‘cap and trade’’ approach to move more efficiently from design and the following observation: ‘‘It’s in- emission management is a method en- development, to demonstration and, ul- creasingly clear that the biggest envi- dorsed by Congress and free-market timately, to the marketplace. Again, ronmental threat we face is actually proponents for over 15 years after it without cap and trade, these efforts global warming and that leads to a cor- was first applied to sulfur dioxide pol- will pale, but the new technology title ollary: nuclear energy is green.’’ He lution. Applying the same model to we propose will work hand in glove goes on to quote James Lovelock, a carbon dioxide and other greenhouse with the emission cap and trade system British scientist who created the Gaia gases is a matter of good policy and to meet our objectives. principle that holds the earth is a self- simple, common sense. It is an ap- As I mentioned, the new title con- regulating organism. He quoted Mr. proach endorsed by industry leaders tains a host of measures to promote Lovelock as follows:

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6049 I am a Green, and I entreat my friends in in terms of ill-health and diminished Global warming exists, an we have to do the movement to drop their wrongheaded ob- quality of life. That is simply a matter something about it, and what we have to do jection to nuclear energy. Every year that of fact. about it is reduce carbon dioxide. we continue burning carbon makes it worse It is also inescapable that the ability Again, the chief science advisor to for our descendents. Only one immediately to ‘‘externalize’’ these costs places available source does not cause global warm- the President of the United States says ing, and that is nuclear energy. clean competitors at a great disadvan- that global warming exists, and what tage. Based on that fact, and in light of I have always been and will remain a we have to do about it is to reduce car- the enormous environmental and eco- committed supporter of solar and re- bon dioxide. newable energy. Renewables hold great nomic risk posed by global warming, I believe that providing zero and low The road ahead on climate change is promise, and, indeed, the technology a difficult and challenging one. How- title contains equally strong incentives emission technologies such as nuclear a boost into the market place where ever, with the appropriate investments in their favor. But today solar and re- in technology and the innovation proc- newables account for only about 3 per- they can compete, and either sink or ess, we can and will prevail. Innovation cent our energy mix. We have a long swim, is responsible public policy, and and technology have helped us face way to go, and that is one of the objec- a matter of simple public necessity, many of our national challenges in the tives of this legislation—to help pro- particularly, as we enact a cap on car- past, and can be equally important in mote these energy technologies. bon emissions. I want to stress nothing in this title The Navy has operated nuclear pow- this latest global challenge. alters, in any way, the responsibilities ered submarine for more than 50 years Advocates of the status quo seem to and has an impressive safety and per- and authorities of the Nuclear Regu- suggest that we do nothing, or next to formance record. The Naval Reactors latory Commission. Safety and secu- nothing, about global warming because program has demonstrated that nu- rity will remain, as they should, para- we don’t know how bad the problem clear power can be done safely. One of mount in the citing, design, construc- might become, and many of the worst the underpinning of its safety record is tion and operation of nuclear power effects of climate change are expected the approach used in its reactor de- plants. And the winnowing effect of the to occur in the future. This attitude re- signs, which is to learn and build upon free market, as it should, will still de- flects a selfish, live-for-today attitude previous designs. Unfortunately for the termine which technologies succeed or unworthy of a great nation, and thank- commercial nuclear industry, they fail in the market place. But the idea fully, not one practiced by preceding have not had the opportunity to use that a zero-emission technology such generations of Americans who devoted such an approach since the industry as nuclear has little or no place in our themselves to securing a bright and has not been able to build a reactor in energy mix is just as antiquated, out- prosperous tomorrow for future genera- over the past 25 years. This lapse in of-step and counter-productive as our tions, not just their own. continued dependence on fossil fuels. construction has led us to where we are Should it prevail, our climate steward- today with the industry’s aging infra- When looking back at Earth from ship and clean air goals will be vir- structure. As we have learned from space, the astronauts of Apollo 11 could tually impossible to meet. other industries, this in itself rep- see features such as the Great Wall of The environmental benefit of nuclear resents a great risk to public safety. China and forest fires dotting the energy is exactly why during his ten- I want to close my comments on the globe. They were moved by how small, ure, my friend, Morris Udall, one of the nuclear provisions with two thoughts. solitary and fragile the earth looked greatest environmental champions the A recent article in Technology Review from space. Our small, solitary and United States has ever known, spon- seems particularly pertinent to those fragile planet is the only one we have sored legislation in the House, as I did with reservations about nuclear power. and the United States of America is in the Senate, to develop a standard- It stated: privileged to lead in all areas bearing ized nuclear reactor that would maxi- The best way for doubters to control a new on the advance of mankind. And lead mize safety, security, and efficiency. technology is to embrace it, lest it remain in again, we must, Mr. President. It is our The Department of Energy has done the hands of the enthusiasts. privilege and sacred obligation as much of the work called for by that This is particularly sage advice be- Americans. cause, frankly, the facts make it ines- legislation. Now it is time for the log- I ask unanimous consent an editorial ical next steps. The new title of this capably clear—those who are serious about the problem of global warming from the New York Times be printed in legislation promotes these steps by au- the RECORD. thorizing Federal partnership to de- are serious about finding a solution. There being no objection, the mate- velop first of a kind engineering for the And the rule of nuclear energy which rial was ordered to be printed in the latest reactor designs, and then to con- has no emissions has to be given due consideration. RECORD, as follows: struct three demonstration plants. Mr. President, don’t simply take my Once the demonstration has been word regarding the magnitude of the [From the New York Times, Apr. 12, 2005] made, free-market competition will global warming problem. Consider the NUCLEAR POWER HAS BECOME A GREEN take it from there. And the bill pro- National Academy of Sciences which SOURCE OF ENERGY vides similar partnership mechanisms reported in 2001 that: (By Nicholas Kristof) for the other clean technologies, so we Greenhouse gases are accumulating in the are in no way favoring one technology Earth’s atmosphere as a result of human ac- If only one thing used to be crystal clear to over another. tivities, causing surface air temperatures any environmentalist, it was that nuclear No doubt, some people will object to and subsurface ocean temperatures to rise. energy was the deadliest threat this planet the idea of the Federal Government Temperatures are, in fact, rising. The faced. That’s why Dick Gregory pledged at a playing any role in helping dem- changes observed over the last several dec- huge antinuke demonstration in 1979 that he onstrate and commercialize new and ades are likely mostly due to human activi- would eat no solid food until all U.S. nuclear beneficial nuclear designs. I have spent ties. . . . plants were shut down. 20 years in this body fighting for the Also consider the warning on NASA’s Gregory may be getting hungry. responsible use of taxpayer dollars and website which states: But it’s time for the rest of us to drop that against porkbarrel spending and cor- With the possible exception of another hostility to nuclear power. It’s increasingly world war, a giant asteroid, or an incurable clear that the biggest environmental threat porate welfare. I will continue to do so. plague, global warming may be the single The fact remains that fossil fuels we face is actually global warming, and that largest threat to our planet. leads to a corollary: Nuclear energy is green. have been subsidized for many decades Consider the words of the EPA that Nuclear power, in contrast to other at levels that can scarcely be cal- Rising global temperatures are expected to sources, produces no greenhouse gases. Presi- culated. The enormous economic costs raise sea level, and change precipitation and dent Bush’s overall environmental policy of damage caused by air pollution and other local climate conditions. Changing re- gives me the shivers, but he’s right to push greenhouse gas emissions to the envi- gional climate could alter forest, crop yields ahead for nuclear energy. There haven’t been and water supplies. . . . ronment and human health are not any successful orders for new nuclear plants factored into the price of power pro- And, let’s consider the views of Presi- since 1973, but several proposals for new duced by fossil-fueled technologies. Yet dent Bush’s Science Advisor, Dr. John plants are now moving ahead—and that’s it is a cost that we all bear, too often Marburger who says that, good for the world we live in.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6050 CONGRESSIONAL RECORD — SENATE May 26, 2005 Global energy demand will rise 60 percent duce a second version of our Climate greenhouse gas pollution; the pull from during the next 25 years, according to the Stewardship Act with improvements— giving them incentives to innovate, International Energy Agency, and nuclear the Climate Stewardship AND Innova- along with financial support for bring- power is the cleanest and best bet to fill that tion Act (CSIA). ing the best innovations forward. gap. Solar power is a disappointment, still ac- In the computer age, we might call There are many actions we can take counting for only about one-fifth of 1 percent this Climate Stewardship 2.0. In this today to meet the targets set in our of the nation’s electricity and costing about new version we take the time-tested original bill, ranging from increasing five times as much as other sources. Wind is strengths of the Climate Stewardship the efficiency of our operations, to promising because its costs have fallen 80 Act—like the emissions cap and trade boosting the use of renewable energy, percent, but it suffers from one big problem: program—and add new features to spur for which so many states are now ad- Wind doesn’t blow all the time. It’s difficult innovation and lead us into a 21st Cen- mirably pushing. But to advance be- to rely on a source that comes and goes. tury energy economy that prizes zero- yond this goal and maintain emissions In contrast, nuclear energy already makes up 20 percent of America’s power, not to or low-carbon emission technologies. reductions in the future with a growing mention 75 percent of France’s. A sensible And we do all this with market-driv- economy, we will need to push both in- energy plan must encourage conservation— en programs that will promote a com- novation and the deployment of cli- far more than Bush’s plans do—and promote petition for efficient technologies and mate friendly technologies that al- things like hybrid vehicles and hydrogen fuel that don’t drain the federal budget. ready exist. cells. But for now, nuclear power is the only Let me start with the basics. While we’re on the subject of tech- source that doesn’t contribute to global Climate change is real and its costs nology and investment, I want to be warming and that can quickly become a to the economy will be devastating if sure that everybody sees that our emis- mainstay of the grid. Is it safe? No, not entirely. Three Mile Is- we don’t act. sions trading market itself will unleash land and Chernobyl demonstrated that, and Consider this very real example: 184 a multi-billion dollar flow of capital there are also risks from terrorists. Alaskan coastal villages already need into technology and innovation. Our Then again, the world now has a half-cen- to be relocated because their land and opponents insist that everybody see tury of experience with nuclear power infrastructure are being destroyed by the emissions reduction requirements plants, 440 of them around the world, and advancing seas and warmer tempera- of this bill as costs. The truth is that they have proved safer so far than the alter- tures that are melting the permafrost. these so-called costs are vital invest- natives. America’s biggest power source is It will cost more than $100 million to ment flows necessary to bring about in- now coal, which kills about 25,000 people a year through soot in the air. relocate just one of these towns. novation, invention and technological To put it another way, nuclear energy What would be the price if we needed change in an era where our climate, seems much safer than our dependency on to do the same for New Orleans, Miami, our economy and even our national se- coal, which kills more than 60 people every or Santa Cruz, California? curity depend on our ability to wean day. SwissRe, North America’s leading re- ourselves from our dependence on oil, Moreover, nuclear technology has become insurer, projects that climate driven so much of which is imported from un- far safer through the years. The future may disasters could cost global financial stable regions in the world. belong to pebble-bed reactors, a new design centers more than $150 billion per year Because technological change and in- that promises to be both highly efficient and incapable of a meltdown. within the next ten years. novation are so important for both cli- Radioactive wastes are a challenge. But The original Climate Stewardship mate change and energy independence, burdening future generations with nuclear Act asked the American people and our bill creates a dedicated public sec- wastes in deep shafts is probably more rea- businesses to reduce their carbon emis- tor mechanism for ensuring that some sonable than burdening them with a warmer sions to 2000 levels—which were quite of that investment flow is directed at world in which Manhattan is under water. close to today’s levels by the end of the the technologies we need—including, Right now, the only significant U.S. source decade. for example, biofuels and clean ways of of electricity that does not involve carbon All we are saying is ‘‘Don’t make the emissions is hydropower. But salmon runs burning coal, to name just two exam- have declined so much that we should be rip- problem worse! Do no further harm.’’ ples from a potentially open-ended ping out dams, not adding more. Our proposal—then and now—will re- menu of climate-friendly technology What killed nuclear power in the past was duce carbon emissions by putting a choices. cold economics. Major studies at MIT and price on them with a cap and trade pol- The new bill we are introducing elsewhere show that nuclear power is still a icy similar to the one used so success- today helps assure that the most im- bit more expensive than new coal or natural fully in the Clean Air Act of 1990 which portant and efficient technological al- gas plants, but in the same ballpark if fossil reduced acid rain. ternatives are supported. We do not fuel prices rise. And if a $200-per-ton tax Simply put, a business that doesn’t pick winners or losers. That’s for the were imposed on carbon emissions, nuclear reach its emissions target can buy energy would become cheaper than coal from market to do. Our bill is technology new plants. emissions credits from those under the neutral, but does make sure that if So it’s time to welcome nuclear energy as target. there are barriers to developing or green (though not to subsidize it with direct And, by the way, at the time we de- using new technologies, the resources handouts, as the nuclear industry would bated the acid rain program, industry are available to knock those barriers like). Indeed, some environmentalists are al- estimated it would cost $1,000 a ton to down. ready climbing onboard. For example, the comply and would ruin the economy. This bill provides support for first-of- National Commission on Energy Policy, a Today those emissions credits sell for its-kind innovation or early-adoption privately financed effort involving environ- between $100 and $200 a ton. mentalists, academics and industry rep- of new energy technologies with mini- resentatives, issued a report in December America’s innovators found a way to mal cost to the federal budget. that favors new nuclear plants. make it work for the economy and the Instead of turning to the taxpayer, One of the most eloquent advocates of nu- environment—twin challenges that can our bill uses a self-funding mechanism clear energy is James Lovelock, the British and must move together in concert, by empowering the Secretary of En- scientist who created the Gaia hypothesis, not conflict. ergy to use some of the money gen- which holds that Earth is, in effect, a self- Because ‘‘cap-and-trade’’ creates a erated through the purchase of emis- regulating organism. price for greenhouse emissions, it ex- sions credits, funneled through a new ‘‘I am a Green, and I entreat my friends in poses the true cost of burning fossil the movement to drop their wrongheaded ob- public corporation our bill creates, to jection to nuclear energy,’’ Lovelock writes, fuels and will drive investment toward help bring innovations to market. And adding: ‘‘Every year that we continue burn- lower-emitting technologies. this is not small change. It is a sub- ing carbon makes it worse for our descend- If we are going to meet the challenge stantial multibillion dollar contribu- ents. Only one immediately available source of climate change, while making sure tion every year. does not cause global warming, and that is that our economy remains strong, we Mr. President, this kind of public sec- nuclear energy.’’ need a program that gives business and tor support has many encouraging Mr. LIEBERMAN. Mr. President, I industry both a push and pull. precedents. rise today with my friend and col- The push will come from requiring From the telegraph to the Internet, league Senator JOHN MCCAIN to intro- business and industry to cut their it was the timely intervention of the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6051 federal government that helped bring ideas for how to accelerate and build a that mental illness was a leading new technologies to market. climate friendly future. We hope that cause—second only to cardiovascular And, if we don’t help bring these new our colleagues will join us in this con- diseases—of otherwise healthy years of low-carbon or zero-carbon technologies versation so we can put forth—and life lost to premature death or dis- to market, we will be buying them pass—the best proposal possible. ability. The Surgeon General found from the nations that do. that the occurrence of mental illness We only need look at the popular hy- By Ms. SNOWE (for herself, Mr. among older adults is widespread, with brid cars—low-emitting vehicles that KERRY, Mr. SMITH, and Ms. COL- a substantial portion of the population consumers have shown they want by LINS): aged 55 and older—almost 20 percent— the long waiting lists that exist to buy S. 1152. A bill to amend title XVIII of experiencing specific disorders that are them. And then remember that Amer- the Social Security Act to eliminate not a part of ‘‘normal’’ aging. ican manufacturers must license this discriminatory copayment rates for Older Americans also have the high- technology from Japan. outpatient psychiatric services under est rate of suicide in the country, and Our bill also ensures that assistance the Medicare Program; to the Com- the risk of suicide increases with age. is provided to help with the transition mittee on Finance. In fact, in the State of Maine, the sui- to new technology and energy produc- Ms. SNOWE. Mr. President, I rise cide rate for seniors is three times as tion with programs to reduce consumer today to introduce the Medicare Men- high as the rate for adolescents. It is costs, to help dislocated workers and tal Health Copayment Equity Act of not surprising, therefore, to find that communities, and to substantially sup- 2005 with my colleagues, Senator JOHN untreated depression among the elderly port the deployment of climate friend- KERRY, Senator GORDON SMITH, and has substantially increased their risk ly technology and energy production. Senator SUSAN COLLINS. of death by suicide. We also know that some regions— Briefly, our bill would correct a seri- Another sad irony involves individ- like my State of Connecticut—and ous disparity in Medicare payment pol- uals with disabilities. Medicare is often businesses like DuPont, BP, and Kodak icy for mental health treatment. Medi- viewed as health insurance for people have already acted pro actively and are care beneficiaries typically pay 20 per- over age 65 but it also provides health working to reduce emissions on their cent of the cost of covered outpatient insurance for those with severe disabil- own. We commend these actions. Even services, including doctor’s visits, as a ities. The single most frequent cause of more important, our bill ensures that ‘‘copayment’’ or coinsurance, and disability for both Social Security and credit will be given to them for their Medicare pays the remaining 80 per- Medicare benefits is mental disorders— good work. cent. But Medicare law imposes a spe- affecting almost 1.4 million of 6 million Just a few months ago, the head of cial limitation for outpatient mental Americans who receive Social Security the international panel on climate health services which requires patients disability benefits. Yet, Medicare pays change, Dr. R. Pachauri, said that ‘‘we to pay a much higher copayment, 50 far less for the critical mental health are already at a dangerous point when percent. As a result, Medicare bene- services needed by these beneficiaries it comes to global warming. . . . Imme- ficiaries pay two and a half times as than it does for medical treatment for diate and very deep cuts in greenhouse much—50 percent coinsurance—for their physical disabilities. gases are needed if humanity is to sur- treatment of any mental disorders. However, the good news is that, vive.’’ Our bill will eliminate the disparity today, there are increasingly effective Let me repeat those last words, ‘‘If in payment by reducing this discrimi- treatments for mental illness. The ma- humanity is to survive.’’ natory copayment over a 6-year period, jority of people with mental disorders When I quoted Dr. Pachauri on this starting in 2006, from the current 50 who receive proper treatment can lead floor in February, I reminded the Sen- percent to the standard 20 percent. productive lives. Congress should re- ate that the Bush Administration lob- This means that, in 2012, patients seek- move disincentives that inhibit access bied heavily for Dr. Pachauri’s appoint- ing outpatient treatment for mental to mental health services so that those ment to the IPCC leadership because it illness will pay the same 20 percent co- seeking treatment for these disorders considered him a more cautious and payment that is required of Medicare do not have to face financial barriers pragmatic scientist. patients today who receive outpatient to care. It is time to remove stigmas I quote him today because his warn- treatment for other illnesses. The goal and overcome the lack of under- ing words are so clear and strong. of our bill is ultimately to achieve ‘‘co- standing of mental disorders by equal- Global warming is truly one of the payment equity’’ for Medicare mental izing Medicare copayment require- great challenges of our age—a chal- health services. ments for mental health services. lenge where the Heavens and the Earth Let me give an example of the cur- I urge my colleagues to join with me meet. rent disparity in copayments. If a and bring Medicare payment policy It is a challenge of Biblical propor- Medicare patient sees a doctor in an of- into the 21st century. tions—to meet God’s call in Corin- fice for treatment of cancer, heart dis- I would also like to submit letters thians to be ‘‘stewards’’ of His mys- ease, or the flu, the patient must pay from the American Psychiatric Asso- teries—and in Genesis to go forth and 20 percent of the fee for the visit. But ciation and the Mental Health Liaison ‘‘replenish the earth’’ to both work and if a Medicare patient sees a psychia- Group, 36 national organizations sup- guard the garden. trist, psychologist, social worker, or porting this legislation, and I ask If we don’t take these simple steps other professional in an office for unanimous consent that these letters now—steps that are well within both treatment of depression, schizophrenia, of support be printed in the RECORD. our technological and financial grasp— or any other type of mental illness, the There being no objection, the mate- the generations to come will rightfully patient must pay 50 percent of the fee. rial was ordered to be printed in the look back at us with scorn and ask why What sense does this make? RECORD, as follows: we acted so selfishly . . . why we cared Indeed, our bill has a larger purpose, AMERICAN PSYCHIATRIC ASSOCIATION, only for our own short-term profits and to help end an outdated distinction— Arlington, VA, May 26, 2005. Hon. OLYMPIA SNOWE, comforts . . . and why we left them a between treatment of physical and U.S. Senate, world environment in danger. We must mental disorders—and to ensure that Washington, DC. act on our vision of a better future, a Medicare beneficiaries have equal ac- Hon. JOHN KERRY, future that is most definitely within cess to treatment for all their health U.S. Senate, our reach. conditions. Perhaps this disparity Washington, DC. That is what Senator MCCAIN and I would not matter so much if mental DEAR SENATOR SNOWE AND SENATOR KERRY: are convinced our CSIA will do. disorders were less prevalent. But the Later today you will receive a letter, initi- We put forth this innovation and Surgeon General has told us otherwise. ated by the American Psychiatric Associa- tion, from some 35 members of the Mental technology proposal to start a con- A landmark report of the Surgeon Health Liaison Group (MHLG) thanking you versation here in the Senate with col- General in 1999 emphasized the impor- for your leadership in again introducing leg- leagues whose support we need to get tance of access to treatment for mental islation to phase out Medicare’s discrimina- to a majority, and to provide some disorders. The Surgeon General found tory 50 percent coinsurance.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6052 CONGRESSIONAL RECORD — SENATE May 26, 2005 We are of course a cosigner of the MHLG American Managed Behavioral Healthcare plorer has been extremely successful letter, but I wanted to add my own personal Association; American Mental Health Coun- over its first 5 years. These low-emis- thanks for your tireless efforts to end 40 selors Association; American Occupational sion propane-powered vehicles have years of discrimination against patients Therapy Association; American Psychiatric carried more than 1.5 million riders seeking outpatient mental health services Association; American Psychiatric Nurses under Medicare Part B. It should be simply Association. since 1999. In doing so, they removed unacceptable to compel such patients to pay American Psychoanalytic Association; 424,000 vehicles from the park and re- 50 percent of the cost of their care out of American Psychological Association; Amer- duced pollution by 24 tons. their own pockets. The real ‘‘winners’’ under ican Psychotherapy Association; Anxiety Unfortunately, the system lacks a your legislation are patients. Disorders Association of America; Associa- central parking and bus boarding area. I also wish to specifically acknowledge the tion for the Advancement of Psychology; As- As a result, day use visitors do not hard work and dedication of Sue Walden, sociation for Ambulatory Behavioral have ready access to the Island Ex- Heather Mizeur, and Aaron Jenkins of your Healthcare; Bazelon Center for Mental plorer. My legislation would authorize staffs. You are each extremely well served by Health Law; Children and Adults with Atten- their efforts. tion-Deficit/Hyperactivity Disorder; Clinical the Secretary of the Interior to provide Sincerely, Social Work Federation; Clinical Social assistance in the planning, construc- JAMES H. SCULLY, Jr., Work Guild; Depression and Bipolar Support tion, and operation of an intermodal Medical Director. Alliance; Eating Disorders Coalition for Re- transportation center in Trenton, ME. search, Policy & Action. This center will include parking for MENTAL HEALTH LIAISON GROUP, Ensuring Solutions to Alcohol Problems; day users, a visitor orientation facility Washington, DC, May 26, 2005. International Society of Psychiatric-Mental highlighting park and regional points Hon. OLYMPIA SNOWE, Health Nurses; NAADAC, The Association Russell Senate Office Building, for Addiction Professionals; National Alli- of interest, a bus boarding area, and a Washington, DC. ance for the Mentally Ill; National Associa- bus maintenance garage. This center, Hon. JOHN KERRY, tion for Children’s Behavioral Health; Na- which will be built in partnership with Russell Senate Office Building, tional Association for Rural Mental Health; the Federal Highway Administration, Washington, DC. National Association of Anorexia Nervosa U.S. Department of Transportation, DEAR SENATORS SNOWE AND KERRY: The un- and Associated Disorders (ANAD); National Maine Department of Transportation, dersigned organizations in the Mental Health Association of Mental Health Planning & Ad- and other partners, will reduce traffic Liaison Group, representing patients, health visory Councils; National Association of Pro- congestion, preserve park resources professionals and family members, are tection and Advocacy Systems; National As- pleased to support your legislation, the sociation of Psychiatric Health Systems; Na- and the visitor experience, and ensure Medicare Mental Health Copayment Equity tional Mental Health Association; and Sui- a vibrant tourist economy. Act. Under your legislation, Medicare’s his- cide Prevention Action Network USA. Finally, my legislation would extend toric discriminatory 50 percent coinsurance the 16-member Acadia National Park for outpatient mental health care would be By Ms. COLLINS (for herself and Advisory Commission for an additional reduced over six years to 20 percent, bringing Ms. SNOWE): 20-year period. This commission was the coinsurance into line with that required S. 1154. A bill to extend the Acadia created by Congress in 1986 and is cur- of Medicare beneficiaries for other Part B National Park Advisory Commission, rently due to expire in 2006. That would services. Simply put, current law discriminates to provide improved visitor services at be a mistake. The commission consists against Medicare beneficiaries who seek the park, and for other purposes; to the of three Federal representatives, three treatment for mental illness. This affects el- Committee on Energy and Natural Re- State representatives, four representa- derly and non-elderly Medicare beneficiaries sources. tives from local towns on Mount Desert alike when they seek mental health care. Ac- Ms. COLLINS. Mr. President, I rise Island, three from adjacent mainland cording to the 1999 U.S. Surgeon General’s today to introduce the Acadia National communities, and three from adjacent report on mental health, almost 20 percent of Park Improvement Act of 2005. This offshore islands. These representatives elderly individuals have some type of mental legislation takes important steps to disorder uncommon in typical aging. In addi- have provided invaluable advice relat- tion, elderly individuals have the highest ensure the long-term health of one of ing to the management and develop- rate of suicide in the U.S., often the result of America’s most beloved national parks. ment of the Park. The commission has depression. The Surgeon General’s report It would increase the land acquisition proven its worth many times over and states, ‘‘Late-life depression is particularly ceiling at Acadia by $10 million; facili- deserves to be extended for an addi- costly because of the excess disability that it tate an off-site intermodal transpor- tional 20 years. causes and its deleterious interaction with tation center for the Island Explorer Acadia National Park is a true gem physical health. Older primary care patients bus system; and extend the Acadia Na- of the Maine coastline. The park is one with depression visit the doctor and emer- tional Park Advisory Commission. of Maine’s most popular tourist des- gency rooms more often, use more medica- tion, incur higher outpatient charges, and In 1986, Congress enacted legislation tinations, with nearly 3 million visi- stay longer at the hospital.’’ designating the boundary of Acadia Na- tors every year. While unsurpassed in The 50 percent coinsurance requirement tional Park. However, many private beauty, the park’s ecosystem is also also is unfair to the non-elderly disabled lands were contained within the perma- very fragile. Unless we are careful, we Medicare population. Because many of these nent authorized boundary. Congress risk substantial harm to the very place individuals have severe mental illnesses authorized the Park to spend $9.1 mil- that Mainers and Americans hold so combined with low incomes and high medical lion to acquire those lands from willing dear. expenses, a 50 percent coinsurance obligation In 11 years, Acadia will be 100 years is a serious patient burden. For elderly and sellers only. While all of that money non-elderly Medicare beneficiaries alike, has now been spent, rising land prices old. Age has brought both increasing Medicare is a critical source of care. Your have prevented the money from going popularity and greater pressures. By legislation to ensure that Medicare bene- as far as Congress originally intended. providing an extra $10 million to pro- ficiaries needing mental health care incur There are over 100 private tracts left tect sensitive lands, expanding the only the same cost-sharing obligations as re- within the official park boundary. highly successful Island Explorer quired of all other Medicare patients would Nearly 20 of these tracts are currently transportation system, and extending end the statutory discrimination against available from willing sellers, but the the Acadia National Park Advisory Medicare beneficiaries seeking treatment for park does not have the funds to pur- Commission, this legislation will help mental disorders. Thank you for your leadership in address- chase them. My legislation would au- make the park stronger and healthier ing this important issue for the nation’s 40 thorize an additional $10 million to than ever on the occasion of its centen- million Medicare patients. help acquire these lands. Since these nial anniversary. Sincerely, lands already fall within the congres- Ms. SNOWE. Mr. President, I rise Alliance for Children and Families; Amer- sionally authorized boundary, this ef- today to offer my cosponsorship to the ican Academy of Child and Adolescent Psy- fort would ‘‘fill in the holes’’ at Acadia, Acadia National Park Improvement chiatry; American Association for Geriatric Act of 2005. For those of you who have Psychiatry; American Association of Chil- rather than enlarging the park. dren’s Residential Centers; American Asso- My legislation will also facilitate the not had the good fortune to visit one of ciation of Pastoral Counselors; American As- development of an intermodal trans- the crown jewels in the National Park sociation of Practicing Psychiatrists; Amer- portation center as part of the Island system, Acadia National Park, the first ican Group Psychotherapy Association; Explorer bus system. The Island Ex- national park established east of the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6053 Mississippi, is located on the rugged will allow the Park to locate an inter- Federal Government agencies and pro- coast of Maine, encompassing over modal center outside of park bound- grams—both discretionary and entitle- 47,000 acres that follow the shoreline, aries off of Mt. Desert Island to give ment—and put them under the review go up mountains of sheer granite, dot- even more assistance to the one road of a bipartisan commission. Members ted with numerous lakes and ponds, di- entering and exiting the Park by alle- of the commission would be appointed verse habitats that create striking sce- viating auto traffic to and on the is- by both majority and minority leaders nery and make the park a haven for land and to achieve cleaner air. in both House of Congress and by the wildlife and plants. This past Earth I will continue to take actions for ad- President. Day was celebrated by one of my staff ditions within the Park boundaries, for The commission would review Fed- members along with devotees of the local input into the management proc- eral agencies and programs in order to Park on the South Ridge Trail of Cad- ess, for a better public transportation present draft legislation to the Con- illac Mountain, the highest point on system for the Island that will create a gress that would realign or eliminate the U.S. Atlantic coast, on the same healthier environment, and better sup- duplicative, wasteful, inefficient, out- ground where the Wabanaki Indians port the Park’s ecological protections. dated, irrelevant, or failed agencies walked over 6,000 years ago. They I look forward to continue working and programs. called the surrounding Mount Desert with the people of Mt. Desert Island, Each House of Congress would get Island Pemetic, ‘‘the sloping land’’. the Park’s Supervisor, and the Friends one vote on the draft legislation—up or Acadia National Park certainly cov- of Acadia, a devoted, independent phi- down—without amendment. ers a land of contrast and diversity, lanthropy that has raised $15 million in CARFA would create a new approach with a variety of freshwater, estuarine, private endowments for the Park, on to increase the efficiency of the Fed- forest and intertidal resources and is issues important to all of us for the eral Government by giving the general one of the most visited Parks in the preservation of the beautiful land- interest a stronger voice in the system. For example, there might be a program national park system, and rightfully scape, the ocean’s coastline, and for en- that is important to my home State of so, as it offers magnificent views from vironmental improvements in Acadia Kansas that would be cut by the pro- Cadillac Mountain that sweep down National Park, the very place where posed legislation, but I only get one 1,530 feet to the rocky coast and ocean the first light of day shines on our glo- vote and there are a variety of other below. Besides its natural beauty, the rious Nation. Park brings in $130 million a year into programs that I really do think need to the State’s economy. By Mr. BROWNBACK (for him- be eliminated. Since I only have one vote, I can jus- It is because of the great beauty of self, Mr. ALEXANDER, Mr. tify voting for the measure when I go the Park and its scenic views that I ALLARD, Mr. BUNNING, Mr. back home by showing to my constitu- have continued my efforts to achieve CHAMBLISS, Mr. COBURN, Mr. ents that there were a number of other cleaner air for the area and for the en- CORNYN, Mr. CRAIG, Mr. CRAPO, programs that needed to be realigned tire State. The pristine Park is, unfor- Mr. DEMINT, Mr. ENSIGN, Mr. or cut. Thus, CARFA makes the overall tunately, a good example of how the ENZI, Mr. GRAHAM, Mrs. goal of balancing the Federal budget State is affected by dirty air that HUTCHISON, Mr. INHOFE, Mr. more achievable. blows in from away, estimated to be SAKSON C AIN I , Mr. M C , Mr. We need CARFA now more than ever. around 80 percent, that is affecting ANTORUM ESSIONS S , Mr. S , Mr. The Federal Government spends both the air we breathe and our ability SUNUNU, Mr. TALENT and Mr. $2,292,000,000 per year on discretionary to enjoy the natural beauty of the THUNE): and mandatory spending. That is a lot S. 1155. A bill to establish a commis- 47,000 acres of the Park. of money. My Kansas constituents I am a devoted fan of the Island Ex- sion to conduct a comprehensive re- often say: ‘‘I don’t mind paying my plorer bus system, whose clean pro- view of Federal agencies and programs taxes, but make sure my hard-earned pane-powered vehicles offer visitors and to recommend the elimination or money is well spent.’’ At a time when and residents free transportation to realignment of duplicative, wasteful, Federal spending is at an all time high, hiking trails, the unique carriage or outdated functions, and for other topping $20,000 per household, we owe roads, the island beaches and for in- purposes; to the Committee on Home- our constituents the accountability town shopping. It is estimated that the land Security and Governmental Af- that would result from CARFA. Island Explorer buses took the place of fairs. Last year, we had a bipartisan hear- an estimated 300,000 vehicles during the Mr. BROWNBACK. Mr. President, I ing on CARFA, at which all witnesses last four years, and prevented the re- rise today to introduce the Commission supported the CARFA concept. We lease of 24 tons of nitrogen oxide and on the Accountability and Review of have incorporated some of the sugges- volatile organic compounds from car Federal Agencies, CARFA, Act with tions made at that hearing, and I be- exhaust. I understand that other na- over 20 original cosponsors. lieve this year’s version of CARFA is tional parks are considering using the This is an important measure that I even better. positive benefits of the Island Explorer have been developing and advocating I am pleased that the Senate is al- system as a transportation model for over the past few years. CARFA’s ready on record supporting the CARFA parks all around the country. A great premise is simple: Members of Congress concept through Section 502 of this deal of thanks should go to the sur- need a tool that will help them use tax- year’s budget resolution, and it is my rounding towns and to L.L. Bean for fi- payer dollars more efficiently. hope that we will be able to work with nancing this successful system that Members of Congress need a tool like leadership to see CARFA become a re- helps to make the air cleaner and adds CARFA because the special interest in ality this year. to our enjoyment of the activities the keeping a program alive is almost al- Park provides. ways more powerful than the general By Mr. HATCH: The legislation introduced today will interest to realign or even end a Fed- S. 1156. A bill to amend the Internal help the Park in three specific areas; eral program. Revenue Code of 1986 to extend the one, it will help the Park by extending A good example of this is tobacco. credit period for electricity produced the Acadia National Park Advisory While there is a general interest in dis- from renewable resources at certain fa- Commission for 20 years giving local couraging smoking—and while we cilities, to extend the credit for elec- residents the opportunity for input spend many taxpayer dollars to this tricity produced from certain renew- into the management of the Park; two, end—there is also strong special inter- able resources, and for other purposes; it will increase the authorized ceiling est pressure to keep taxpayer tobacco to the Committee on Finance. for land acquisition funding by $10 mil- subsidies alive. Thus, the Federal Gov- Mr. HATCH. Mr. President, I rise lion to $28 million to realize the sharp ernment both subsidizes and discour- today to introduce a bill, S. 1156, to ex- rise in real estate prices so that prop- ages tobacco. tend and enhance a provision in the In- erties from willing sellers within the CARFA is the tool that would give ternal Revenue Code that gives tax in- Park’s boundaries can be included into members a chance to advance the gen- centives for the production of elec- the Park; and, three, the legislation eral interest. CARFA would take all tricity from renewable resources.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6054 CONGRESSIONAL RECORD — SENATE May 26, 2005 The legislation I am introducing than 22 million homes. Furthermore, 1986 (relating to qualified facilities) is today is central to our Nation’s goal of this is an energy source that is not sub- amended by striking ‘‘January 1, 2006’’ each achieving energy independence, which ject to the price and supply volatility place it appears and inserting ‘‘January 1, 2008’’. is at the heart of the energy bill that of fossil fuels. Our energy policy should (c) BINDING CONTRACTS FOR FACILITIES.— will soon be considered by the Senate. not overlook this potential or sell Subsection (d) of section 45 of the Internal The Committee on Energy and Natural short its potential. Revenue Code of 1986 is amended by adding Resources has included in its energy My home State of Utah has an abun- at the end the following: bill a renewable energy title that di- dance of high and low temperature geo- ‘‘For purposes of this subsection, a facility rects the Federal Government ‘‘to the thermal resources that this bill would shall be treated as placed in service before allow to be economically developed. January 1, 2008, if such facility is placed in extent economically feasible and tech- service before January 1, 2011, pursuant to a nically practicable’’ to implement pro- For example, a new 36 megawatt geo- written binding contract in effect on Decem- grams that will produce at least 7.5 thermal plant near Cove Fort, UT, is ber 31, 2007, and at all times thereafter before percent of the electricity from renew- scheduled to be under construction by such facility is placed in service.’’. able sources by 2013. the spring of 2006 with completion ex- (d) EFFECTIVE DATE.— The Senate Committee on Finance, pected by the end of 2007. Without this (1) IN GENERAL.—Except as provided in on which I serve, will soon consider an legislation, it is unlikely that this paragraph (2), the amendments made by this energy tax bill to complement the bill plant, as well as others around the Na- section shall apply to electricity produced and sold after the date of the enactment of from the Energy and Natural Re- tion, would be able to be built. That this Act, in taxable years ending after such sources Committee. The legislation I would be very unfortunate. date. am introducing today is designed to The area around Cove Fort has one of (2) SUBSECTION (a).—The amendment made provide incentives to help us reach this the largest, proven geothermal re- by subsection (a) shall apply to electricity level of renewable energy production. sources in the Nation. There are 3,000 produced and sold after December 31, 2004, in Specifically, my bill would amend contiguous acres of leased land associ- taxable years ending after such date. the Internal Revenue Code to extend ated with the project now on the draw- By Mr. KENNEDY (for himself, the Section 45 production tax credit for ing boards. At 2,000 feet underground, Mr. AKAKA, and Mr. LAUTEN- electricity produced from renewable re- the geothermal resource there is rel- sources for facilities placed in service BERG): atively shallow and is considered by S. 1158. A bill to impose a 6-month before January 1, 2011, pursuant to a most geologic experts to be one of the moratorium on terminations of certain written binding contract in effect on largest underground hot water res- plans instituted under section 4042 of December 31, 2007. This extension is de- ervoirs in North America. A leading the Employee Retirement Income Se- signed to take into account the ex- geothermal engineering company re- curity Act of 1974 in cases in which re- tended length of time it takes for many cently issued a report indicating that organization of contributing sponsors renewable energy facilities, particu- the Cove Fort hot water resource can is sought in bankruptcy or insolvency larly geothermal facilities, to be built. support and sustain power production proceedings; to the Committee on In addition, my bill would provide for in excess of 100 megawatts. Health, Education, Labor, and Pen- a 10-year credit period for all renew- Utah is but one State with geo- sions. able energy sources covered by this tax thermal resources that can help lead Mr. KENNEDY. Mr. President, the credit. Current law allows a 10-year our Nation toward energy independ- bill we are introducing today is ur- credit period for certain renewable ence. Other States with considerable gently needed to protect the pension sources, such as wind, but only a 5-year geothermal resources include Nevada, benefits of workers across America. credit period for other renewable California, Montana, Washington, Or- A decent retirement in today’s world sources, such as geothermal. This re- egon, Idaho, Wyoming, Colorado, North depends on Social Security, private sults in an uneven playing field under Dakota, South Dakota, Nebraska, Ari- pensions, and private savings. But to- current law that tilts investors toward zona, New Mexico, Texas, Pennsyl- day’s working families find their re- certain renewable energy resources vania, West Virginia, Louisiana, Ha- tirement severely threatened. Presi- over others. This represents poor en- waii, and Kansas. We need to get the dent Bush wants to privatize Social Se- ergy policy and it represents poor tax process of developing these resources curity. Private savings are at an all- policy. started, and the bill I am introducing time low, and now private pensions are I believe this disparity in credit peri- today would make sure that happens. in great jeopardy, too. ods undermines the development of all This legislation would provide the This challenge has been brought of our renewable energy resources and necessary boost to the development of home all too clearly by United Air- thereby inhibits our goal of energy our geothermal energy resources as lines’ recent announcement that it in- independence. This legislation would well as all other renewable energy re- tends to end its pension plans and turn equalize the tax credit period for all re- sources available to our Nation. I urge them over to the Pension Benefit Guar- newable resources and even up the my colleagues to join me by cospon- anty Corporation. The pensions of over playing field. soring this bill. 120,000 workers are at stake. Over $3 I would like my colleagues to know There being no objection, the bill was billion in their benefits are not guaran- more about the importance of our Na- ordered to be printed in the RECORD, as teed by the corporation, and the future tion’s vast supply of geothermal energy follows: pensions they have been promised will resources. Geothermal is a clean, re- S. 1156 be lost as well. newable energy resource that presently Be it enacted by the Senate and House of Rep- These hard-working Americans in- contributes over 2,718 megawatts to the resentatives of the United States of America in clude thousands of flight attendants U.S. energy supply. Renewable energy, Congress assembled, like Patrice Anderson, who have made excluding hydroelectric, makes up 2 SECTION 1. EXTENSION AND MODIFICATION OF only a modest wage throughout their percent of U.S. energy consumption; of CREDIT FOR PRODUCING ELEC- working lives and for whom ‘‘the pos- that 2 percent, geothermal energy ac- TRICITY FROM RENEWABLE RE- sible loss of hundreds of dollars a SOURCES. counts for .44 percent, solar .06 percent (a) EXTENSION OF CREDIT PERIOD FOR ELEC- month in old age changes a dignified and wind 1 percent. Geothermal tech- TRICITY PRODUCED AT CERTAIN FACILITIES.— retirement into a subsistence-level re- nology is used in commercial, indus- Subparagraph (B) of section 45(b)(4) of the In- tirement.’’ trial and residential application in 26 ternal Revenue Code of 1986 is amended to The loss is particularly painful be- States. read as follows: cause so many of the employees have However, geothermal energy genera- ‘‘(B) CREDIT PERIOD.—In the case of any fa- accepted lower pay or given back wages tion has not been fully exploited. Ac- cility described in subsection (d)(3)(A)(ii) and other benefits in order to keep cording to the U.S. Department of En- placed in service before October 22, 2004, the their pension plans. Marilyn King of 5-year period beginning on October 22, 2004, ergy, there is almost 25,000 megawatts shall be substituted for the 10-year period in California worked for United for 25 of undeveloped geothermal energy pro- subsection (a)(2)(A)(ii).’’. years. She says: ‘‘I used to be proud of duction potential in the United States. (b) EXTENSION OF CREDIT.—Subsection (d) working for United. Now, I am embar- This is enough power to serve more of section 45 of the Internal Revenue Code of rassed and angry. I am angry that we

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6055 took 25 percent in pay cuts, that we part F of the Internal Revenue Code re- tem. Salt Lake City is also the head- gave other concessions; and then our garding active financial services in- quarters of American Express Trav- COO and CEO get their bonuses and come earned abroad. I am joined in this elers Cheques, with its Utah facility perks.’’ effort by my colleagues Senators BAU- servicing Travelers Cheques clients on We have heard from families and CUS, SMITH, SCHUMER, CRAPO, LOTT, a worldwide basis. Thousands of workers across the country. In Massa- KYL, and LINCOLN. Under current law, Utahns are employed by these compa- chusetts, Kevin Creighan and his wife the provision will expire at the end of nies. Cathy Hampton in Lynn have spent a next year. These businesses are tied to the lifetime with United, ‘‘working hard, This legislation would ensure that international marketplace through the earning a living, and all along expect- U.S. financial services firms and U.S. competitive strength of the American ing a pension.’’ They hoped to retire in manufacturing companies with finan- Express global franchise. For American 7 years, with a combined 70 years of cial services operations are subject to Express and other U.S. companies to loyal service between them. Now, if U.S. tax on income from their active compete on par with their foreign com- they want the retirement they were overseas financial services operations petitors, the U.S. tax rules need to pro- promised by the United Airlines pen- only when such earnings are sent home vide fair and equitable treatment of sion plan, they will have to work for an to the U.S. parent company. As my col- their overseas operations. To the ex- additional 15 years. leagues know, this is the treatment tent foreign competitors can take busi- George Raymond of Arizona retired provided under the U.S. tax law for ness away from U.S. firms because of at the age of 60 after 38 years. He other active business income earned an uneven playing field, U.S. jobs are writes that because of this pension ter- overseas. Our legislation simply ex- at risk. The bill we are introducing today mination, he will not be able to afford tends, on a permanent basis, the expir- would provide equitable and consistent his medical bills. Richard Myer of Cali- ing provision that ensures this same treatment for the financial services in- tax treatment for this important com- fornia retired after 32 years as a United ponent of our economy. Making this pilot, and now he has to go back to dustry. The permanent extension of this pro- provision permanent would provide work and sell his home to support his American companies much-needed sta- children and his elderly father-in-law. vision is critically important in to- day’s global marketplace. Over the last bility. The current provision has been Americans who work hard and play renewed several times, most recently few years, the financial services indus- by the rules should not be victimized for 5 years in the Job Creation and try has seen technological and global by these broken promises. No wonder Worker Assistance Act of 2002. Our changes that have altered the very na- they feel betrayed. They share the view ‘‘on-again, off-again’’ habit of exten- ture of the way these corporations do of Robert Lamica of Virginia, who sions prevents U.S.-based firms from says, ‘‘I kept my promise to United for business, both here and abroad. The competing fully in the global market- 36 years by working in rain, snow, heat, U.S. financial industry is a worldwide place by interfering with their ability and whatever else nature would throw leader that plays a pivotal role in to make business decisions and plan on our way . . . My back and knees have maintaining confidence in the inter- a long-term basis. The permanent ex- been destroyed along with my ability national marketplace and positively tension of this subpart F provision to get another job . . . We need not be contributes to the U.S. international would ensure that the U.S. financial left on the curb just because United trade balance. We believe it is essential services industry is on a competitive can.’’ that our tax laws not impose anti-com- footing with their foreign-based com- These loyal men and women cannot petitive burdens on this important U.S. petitors and would provide tax treat- turn back the clock and make different industry. ment that is consistent with the tax decisions. But Congress can stop that If we allow the active financial serv- treatment accorded other U.S. busi- clock and reach a fair solution. ices provision to lapse, U.S. companies nesses. This legislation we are introducing would have to pay both local tax and The Congress and the administration will prevent bankrupt companies from current U.S. tax on the financial serv- took an important step toward mod- abandoning their pension plans for the ices income they generate overseas. ernizing our international tax rules next 6 months. While some of this double taxation is with the enactment of the American Our action will also ease the growing often alleviated by the foreign tax Jobs Creation Act of 2004. The legisla- threat to all defined benefit pension credit, we all know that this system tion we introduce today furthers that plans. The Pension Benefit Guaranty works imperfectly. The result is that act’s goals of ensuring that American Corporation estimates that if it takes U.S. firms end up with a cost that is firms can compete in the 21st century over the remaining airline defined ben- not borne by their European and Asian economy. efit pension plans, 90 percent of the competitors, because companies based I urge my colleagues to support this claims it must cover will come from in these areas do not face current home important bill and ask that the text of airline companies or steel companies, country taxation on financial services the bill be printed in the RECORD. even though such plans include only 5 income. In an industry where compa- There being no objection, the bill was percent of the employees covered by nies compete on price and a few basis ordered to be printed in the RECORD, as follows: the corporation. The legislation will points can mean the difference between buy time for us to develop real solu- getting the business or losing it to a S. 1159 tions for the serious problems of these competitor, the imposition of this ad- Be it enacted by the Senate and House of Rep- ditional tax cost on U.S.-based compa- resentatives of the United States of America in ailing industries. Congress assembled, nies would translate into a competitive I urge my colleagues to join me in SECTION 1. PERMANENT EXTENSION OF SUB- support of this bill. We owe it to all disadvantage for U.S. companies and a PART F EXEMPTION FOR ACTIVE FI- these hard working Americans whose competitive advantage for their foreign NANCING. retirement has been put at risk. counterparts. Given the thousands of (a) IN GENERAL.—Section 954(h)(9) of the U.S. jobs at stake, many of them in Internal Revenue Code of 1986 is amended by By Mr. HATCH (for himself, Mr. Utah, we do not believe our tax policy striking ‘‘and before January 1, 2007,’’. (b) CONFORMING AMENDMENTS.—Section BAUCUS, Mr. SMITH, Mr. SCHU- should allow this to happen. 953(e)(10) of the Internal Revenue Code of MER, Mr. CRAPO, Mr. LOTT, Mr. While this provision may seem far re- 1986 is amended— KYL, and Mrs. LINCOLN): moved from the average Utahn or the (1) by striking ‘‘and before January 1, S. 1159. A bill to amend the Internal average American, I can assure you 2007,’’, and Revenue Code of 1986 to permanently that this is not true. For example, the (2) by striking the second sentence thereof. extend the subpart F exemption for ac- Salt Lake City area serves as the head- Mr. BAUCUS. Mr. President, today I tive financing; to the Committee on Fi- quarters location for the banking oper- am pleased to join my friend and col- nance. ations of American Express Centurion league, Senator HATCH, in introducing Mr. HATCH. Mr. President, I rise Bank and American Express Bank, legislation to make permanent the sub- today to introduce a bill, S. 1159, to FSB, which are important parts of the part F provision for active financial make permanent a provision under sub- worldwide American Express Card sys- serviced income earned abroad.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6056 CONGRESSIONAL RECORD — SENATE May 26, 2005 The legislation we are filing today is S. 1128. A bill to amend title XIX of States is an immense and growing in- identical to a bill we filed in the 107th the Social Security Act to provide for dustry. The Wall Street Journal re- Congress. Since then, this exemption increased rebates under the medicaid ported last week that the pharma- has been temporarily extended but that program for prescription drugs that are ceutical industry spent nearly $4.5 bil- will expire at the end of next year. This directly advertised to consumers, to re- lion on advertising to consumers. The exemption ensures that the active fi- quire other Federal programs pur- penetration of this advertising may be nancial services income earned abroad chasing or reimbursing for such drugs more than most people realize. A re- by U.S. financial services companies, to establish payment and reimburse- cent Kaiser Family Foundation poll or U.S. manufacturing firms with a fi- ment mechanisms that reduce the found that 90 percent of Americans had nancial service operation, is not sub- costs of those drugs, and for other pur- seen or heard an advertisement for pre- ject to U.S. tax until that income is poses; to the Committee on Finance. scription drugs. Today, more and more brought home to the U.S. parent com- Mr. WYDEN. Madam President, the Americans can go to their doctor and pany. cost of medicine is a matter of concern ask to have a medication they have By making this provision permanent, to every Senator. Today, Senator seen advertised on TV, in a magazine, our legislation will put the U.S. finan- SUNUNU and I have introduced legisla- on the radio or on the Internet. Of cial services industry on an equal foot- tion to take a fresh approach to hold- course, that is what is happening. ing with its foreign-based competitors, ing down the cost of medicines in our There is a proven direct connection which do not face current home coun- country. Under our bipartisan legisla- between the advertising of drugs and a try taxation on active financial serv- tion, the Federal Government would big uptick in the rate of prescriptions ices income. I will tell my colleagues pay less for pharmaceuticals that are written for them. Take a look at the 10 most advertised drugs in the United that this bill is about jobs in Montana, advertise when the Federal Govern- States. That is 2003, and I would guess and in each of our States. In fact, one ment buys those medicines for Med- that few Americans would say they of these competitive U.S. financial icaid, the Veterans’ Administration, have not heard of any of these drugs. services companies employs hundreds the Department of Defense, and the On each of these drugs, at least $100 of Montanans in Great Falls alone, so Public Health Service. million was spent in 2003 alone on di- One can barely turn on the television the health of that company is criti- rect consumer advertising. The adver- or open a magazine these days without cally important to my constituents. tising works. A study published in the American financial services compa- getting the hard sale on a hot new April issue of the Journal of the Amer- nies successfully compete in world fi- medicine. There is no doubt that med- ican Medical Association demonstrates nancial markets. We need to make ical science is making miracles for our the link. Researchers sent actors to sure, however, that the U.S. tax rules citizens who need help with their doctors’ offices to complain of mild de- do not change that situation and make health. For that, we are, of course, pression. Those who mentioned seeing them less competitive in the world grateful. But the advent of advertising an ad were five times more likely to arena. This legislation will extend a for prescription drugs presents pitfalls get a prescription for an antidepressant provision that I believe preserves the as well, not just for patients but for as those who simply described their international competitiveness of U.S.- every American taxpayer. supposed symptoms without talking based financial service companies, in- Senator SUNUNU and I introduced our about a drug ad they had seen. It is no cluding finance and credit companies, legislation today because as the mar- wonder the heavily advertised drugs commercial banks, securities firms, keting gets savvier, the Federal Gov- make up most of the top 10 medicines and insurance companies. This provi- ernment needs to get smarter and con- prescribed under Federal health pro- sion also contains appropriate safe- tain costs wherever possible for these grams like Medicare, Medicaid, and guards to ensure that only truly active popular and expensive drugs. The fresh others. Take a look. approach that Senator SUNUNU and I businesses benefit. These are the 10 drugs on which unveil today will amp up the Govern- As my colleagues have heard year Medicare spends the most total money ment’s purchasing power on prescrip- after year, the active financial services for outpatient care. Nine are advised tion drugs that are advertised directly provision is critically important in to- directly to consumers. day’s global economy. Our U.S. finan- to consumers. The Pharmaceutical Ad- Here are the 10 drugs on which Med- cial services industry is a global leader vertising and Prudent Purchasing Act icaid spends the most money. Four of playing a pivotal role in maintaining will reduce drug costs for the bene- the ten are advised directly to con- confidence in the international mar- ficiaries of Medicaid and other Federal sumers. The next 4 drugs, Nos. 11 ketplace. It is a fiercely competitive programs. It will ease the burden on through 14, are advertised as well. It is business. And U.S.-based companies States struggling to stretch their the view of Senator SUNUNU and I that would surely be disadvantaged with an health care dollars through Medicaid, the Federal Government is one con- additional tax burden if we allow this and it will lower the overall costs for sumer that does not need to receive ad- exemption to lapse. Through our net- taxpayers footing the bill for these ad- vertising from the drug companies. work of trade treaties, we have made vertised drugs. The Federal Government is buying tremendous progress in gaining access When a drug company figures the medicine for a lot of people with a lim- to new foreign markets for this indus- price of a pill, it passes along the ad- ited pool of funds. It is vital to get a try in recent years. Our tax laws vertising costs to consumers. Right handle now on the connection between should complement, rather than under- now, Medicare and Medicaid pay that advertising and increased sales and to mine, this effort. cost like any other consumer. But it is insist on more prudent purchasing. The temporary nature of the active time to take the advertising costs out Our legislation does just that. It financial services provision, like other of the equation for taxpayer funded makes the Government a more prudent expiring provisions, denies U.S. compa- programs. The Federal Government, of purchaser in a straightforward way. It nies the stability enjoyed by their for- course, gives drug companies a tax will require Medicaid and other vital eign competitors. It is time to make break for advertising which, of course, programs under Health and Human permanent this subpart F active finan- every other American company gets for Services and the Veterans’ Administra- cial services provision in order to allow its business expenses. There is no need tion to get a discount that cuts out the U.S. business companies to make busi- for a double subsidy. There is a need advertising costs figured in each pill. ness decisions on a long-term basis. I for more prudent purchasing of pre- In Medicaid, this would be done by ad- ask my colleagues to join us in sup- scription drugs by the Federal Govern- justments in the Medicaid rebate pro- porting this legislation, providing con- ment. If that is going to happen, the gram. That is an existing program that sistent, equitable, and stable tax treat- changes in the pharmaceutical market requires a pricing agreement between ment for the U.S. financial services in- that have been caused by the explosion drug manufacturers and the Federal dustry. of advertising cannot be ignored any Government for any drug to be sold longer. through the Medicaid program. By Mr. WYDEN (for himself and I do not have to tell our colleagues The Health and Human Services Sec- Mr. SUNUNU): that drug advertising in the United retary and the VA Secretary will also

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6057 be able to negotiate reduced prices for where activity and cost have exploded deal with some issues at HHS and the other Federal programs such as the over the last 6 or 7 years. Since 1997, VA in this bill, certainly the costs as- Public Health Service, programs ad- when the Federal Government changed sociated with Medicaid and our rec- ministered by the Indian Health Serv- the regulations associated with direct- ommendations with regard to Medicaid ice, the Department of Veterans Af- to-consumer advertising, we have seen are a central part of the bill. I will fairs, the Department of Defense and advertising outlays for pharma- work with Senator WYDEN and any of the Defense Health Program. ceuticals go from a little bit over $1 my interested colleagues to try to in- This is smart and effective spending. billion to nearly $5 billion per year this clude and capture some of these ideas It ends the spending of taxpayer dollars year. Those costs, as any costs would in Medicaid legislation this year. to fund advertising that has already re- be, are passed on to consumers. In the It is a great opportunity to look at ceived a tax break. It is a common- case of these programs where the Fed- the issue of health costs and drug costs sense step, the kind of common sense eral Government is purchasing the in a fresh way, in a different way. I that is all too uncommon when the pharmaceuticals in the VA and in Med- very much appreciate the work Sen- Federal Government buys drugs. icaid, that means that the cost, the im- ator WYDEN has done in helping to Our legislation will address another pact, is disproportionately felt by the craft this legislation and his willing- issue that speaks both to the tax- taxpayer. ness to lend his strong support, as a payers’ interests and the health of pa- This is an effort to try to find a way longstanding and more senior Member tients in these programs. When adver- to reduce those costs, to give the Fed- than I, as a member of the Senate Fi- tised drugs are purchased, it is not eral Government the power to make a nance Committee, and as a Member of enough to make sure the price is right, distinction, as they negotiate prices— the Senate on the other side of the although that is important. It is vital to make a distinction between those aisle. the drug is right for the patient’s par- drugs that are advertised directly to f ticular problem. Taxpayer dollars consumers or marketed directly to con- SUBMITTED RESOLUTIONS should buy drugs that will work best sumers and those that are not, and to for patients by a doctor’s best judg- provide discounts to those companies ment. Just because a patient recog- or those drugs that avoid the addi- SENATE RESOLUTION 157—CON- nizes a drug’s name enough to request tional costs of advertising. GRATULATING CARRIE UNDER- it from their provider does not mean it This advertising, as I say, is expen- WOOD FOR WINNING THE ‘‘AMER- is the best medicine. sive. The cost is passed on to taxpayers ICAN IDOL’’ TELEVISION PRO- More and more drug companies are in these particular programs. I think GRAM AND THANKING HER FOR treating doctors as a middleman they there are also a lot of questions about BEING A POSITIVE ROLE MODEL wish to skip. They make a lot more the value that a flood of advertising Mr. COBURN (for himself and Mr. money if patients, without medical de- might provide. INHOFE) submitted the following reso- grees, are encouraged to start writing We have all been inundated by dif- lution; which was referred to the Com- their own prescriptions, whether the ferent types of advertisement, on TV or mittee on the Judiciary: drug is the right one or not. Medicare, in magazines. It is costly, as I men- S. RES. 157 Medicaid, and other Federal programs tioned, but it also carries with it some have a charge to keep for their patients Whereas Carrie Underwood was born in risk of overutilization; of, in some Muskogee, Oklahoma, on March 10, 1983, but and a trust to maintain with American cases, encouraging or leading con- Checotah, Oklahoma, lays complete claim to taxpayers. They should not be ex- sumers to believe that they need or her as a native; ploited financially by the pharma- would benefit by a particular medicine Whereas Carrie’s parents are Stephen and ceutical ‘‘flavor of the month.’’ Carole Underwood of the Onapa area of Okla- when it is not necessarily the best ap- I close by expressing my thanks to homa; the Senator from New Hampshire. This proach for them. Whereas Carrie has two older sisters, In some cases it is clear this adver- is a bipartisan approach that is going Shanna Underwood Means, who teaches in tising has been used to drive consumers to hold down the cost of medicine for Liberty Mounds, Oklahoma, and Stephanie away from lower priced generic drugs. I Underwood Shelton, who teaches in taxpayers in our country. It will be a think this is one of the most problem- Arkhoma, Oklahoma; benefit to beneficiaries certainly at a Whereas Carrie has delighted the residents time when the Medicaid Commission is atic areas, and that has been seen and discussed at some length in the States, of Checotah with her singing since her ele- trying to find responsible savings. We mentary school days; ensure that we take the time to study in their Medicaid programs. Whereas during high school, Carrie sang in This legislation presents an oppor- how this approach would work for the Checotah High School’s award winning tunity to get our hands around the cost other programs such as Medicare. And chorus and excited audiences every year at because I see my friend in the Cham- issue, to fund some important studies, the Robbin Emerson Memorial Talent Show, ber, I will wrap up simply by saying to take a closer look at questions of which raises money for scholarships; overutilization and the substitution I Whereas Carrie was often kind enough to that it is time to take out a sharp pen- sing the National Anthem at high school cil and eliminate the hidden costs for described. It represents a good start, I think, opening the debate with this dis- basketball games; taxpayers from advertised drugs. Whereas Carrie excelled academically in I yield the floor. cussion about dealing directly with high school and was the salutatorian of her The PRESIDING OFFICER. The Sen- health care costs in areas of the Fed- 2001 Checotah High School graduating class; ator from New Hampshire. eral Government as the principal pur- Whereas Carrie began attending North- Mr. SUNUNU. Madam President, I chaser. eastern State University after high school, am pleased to join Senator WYDEN in There may be other options. In fact, where she is a senior majoring in mass com- the introduction of this legislation, Senator WYDEN and I talked about a munications with an emphasis in journalism; which is a good-faith effort to try to few other approaches that are not in- Whereas Carrie performed for 2 years in cluded in this legislation. I think I can Northeastern’s Downtown Country Show in find that fresh approach Senator Tahlequah, Oklahoma; WYDEN talked about, a fresh approach speak for the Senator from Oregon Whereas Carrie auditioned in August 2004, to deal with costs in health care, spe- when I say we look forward to talking in St. Louis, Missouri, for the ‘‘American cifically in those areas where the Fed- to our colleagues about other ideas Idol’’ television show; eral Government is directly purchasing that might be out there. We look for- Whereas Carrie was named to the top 24 on pharmaceuticals: in the VA, where we ward to sharing ideas and information ‘‘American Idol’’ in mid-February 2005, and have a very large direct purchase pro- with producers themselves who, I hope, has been in Hollywood, California, per- gram that exists today, and within are willing to look at ways to help save forming weekly since; Medicaid, where both the Federal Gov- the consumers money, help save tax- Whereas although people in Checotah and Oklahoma are extremely proud of Carrie’s ernment and the States are directly in- payers money, and help deal with di- phenomenal talent, they are even more volved in purchasing and negotiating rect-to-consumer advertising in a more proud of the kind of young person she has al- the pricing of drugs. responsible way. ways been; and We are focusing on direct-to-con- We are going to do a Medicaid bill Whereas Carrie Underwood is intelligent, sumer advertising. This is an area this year in the Senate. While we also kind, and considerate—undoubtedly one of

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6058 CONGRESSIONAL RECORD — SENATE May 26, 2005 the finest young women anyone will ever SENATE RESOLUTION 159—RECOG- SENATE CONCURRENT RESOLU- meet: Now, therefore, be it NIZING THE 50TH ANNIVERSARY TION 39—TO EXPRESS THE Resolved, That the Senate— OF THE OKLAHOMA INDE- SENSE OF CONGRESS ON THE (1) takes great pride in congratulating PENDENT PETROLEUM ASSOCIA- PURPLE HEART Carrie Underwood of Checotah, Oklahoma, TION AND ITS MEMBERS VITAL Mrs. CLINTON (for herself and Mr. for winning the television program ‘‘Amer- CONTRIBUTION TO THE OIL AND HAGEL) submitted the following con- ican Idol’’; and GAS INDUSTRY OF THE UNITED current resolution; which was referred (2) thanks Carrie Underwood for being a STATES positive public role model and representing to the Committee on Armed Services: Oklahoma so superbly before an audience of Mr. INHOFE (for himself and Mr. S. CON. RES. 39 millions of television viewers in this nation COBURN) submitted the following reso- Whereas the Purple Heart is the oldest and around the world. lution; which was considered and military decoration in the world in present agreed to: use; f S. RES. 159 Whereas the Purple Heart is awarded in the name of the President of the United Whereas the Oklahoma Independent Petro- States to members of the Armed Forces who leum Association was founded and incor- SENATE RESOLUTION 158—EX- are wounded in conflict with an enemy force porated in the State of Oklahoma on Janu- or are wounded while held by an enemy force PRESSING THE SENSE OF THE ary 13, 1955; as prisoners of war, and posthumously to the SENATE THAT THE PRESIDENT Whereas the Oklahoma Independent Petro- next of kin of members of the Armed Forces SHOULD DESIGNATE THE WEEK leum Association was founded by inde- who are killed in conflict with an enemy pendent oil and natural gas producers, and BEGINNING SEPTEMBER 11, 2005, force or who die of a wound received in con- its membership is still comprised of inde- AS ‘‘NATIONAL HISTORICALLY flict with an enemy force; pendent producers, both large and small; BLACK COLLEGES AND UNIVER- Whereas the Purple Heart was established Whereas the founders of the Oklahoma on August 7, 1782, during the Revolutionary SITIES WEEK’’ Independent Petroleum Association pos- War, when General George Washington sessed the leadership and vision to establish issued an order establishing the Honorary Mr. GRAHAM (for himself, Mr. a unified voice for independent crude oil and Badge of Distinction, otherwise known as ALLARD, Mr. ALLEN, Mr. BAYH, Mr. natural gas producers; the Badge of Military Merit; BUNNING, Mr. CHAMBLISS, Mr. COCHRAN, Whereas the Oklahoma Independent Petro- Whereas the award of the Purple Heart leum Association is the largest oil and gas Mr. DEMINT, Mr. DEWINE, Mrs. DOLE, ceased with the end of the Revolutionary advocacy group in the State, representing Mr. DODD, Mr. DURBIN, Mrs. HUTCHISON, War, but was revived in 1932, the 200th anni- over 1,500 member companies in the crude oil versary of George Washington’s birth, out of Mr. ISAKSON, Mr. KERRY, Ms. LANDRIEU, and natural gas exploration and production respect for his memory and military achieve- Mr. LOTT, Ms. MIKULSKI, Mr. industry and affiliated businesses; ments; and Whereas the mission of the Oklahoma SANTORUM, Mr. SESSIONS, Mr. SPECTER, Whereas National Purple Heart Recogni- Independent Petroleum Association is to en- Mr. TALENT, Mr. VOINOVICH, Mr. SCHU- tion Day is a fitting tribute to George Wash- hance and protect the ability of independent ington and to the more than 1,535,000 recipi- MER, Mr. BROWNBACK, Mr. OBAMA, and oil and natural gas producers in Oklahoma ents of the Purple Heart, approximately Mr. BURR) submitted the following res- to conduct their business and to ensure en- 550,000 of whom are still living: Now, there- olution; which was referred to the ergy supply; fore, be it Whereas the Oklahoma Independent Petro- Committee on the Judiciary: Resolved by the Senate (the House of Rep- leum Association is a rarity in State oil and resentatives concurring), That Congress— S. RES. 158 gas associations, with a full-time govern- (1) supports the goals and ideals of Na- mental affairs specialist and a full-time reg- Whereas there are 105 historically Black tional Purple Heart Recognition Day; ulatory affairs specialist working with agen- colleges and universities in the United (2) encourages all people of the United cies that regulate the oil and gas industry; States; States to learn about the history of the Pur- Whereas the Oklahoma Independent Petro- Whereas historically Black colleges and ple Heart and to honor its recipients; and leum Association is a proactive and diverse universities provide the quality education (3) requests that the President issue a organization striving to provide a broad essential to full participation in a complex, proclamation calling on the people of the range of services to its members and the in- highly technological society; United States to conduct appropriate cere- dustry it supports; monies, activities, and programs to dem- Whereas historically Black colleges and Whereas the leaders of the Oklahoma Inde- onstrate support for people who have been universities have a rich heritage and have pendent Petroleum Association have worked awarded the Purple Heart. played a prominent role in the history of the successfully on behalf of Oklahoma inde- United States; pendent producers on State and national f Whereas historically Black colleges and issues, advocating for State and national SENATE CONCURRENT RESOLU- universities have allowed many underprivi- governmental policies that protect and en- TION 40—RECOGNIZING AND COM- leged students to attain their full potential hance the ability of Oklahoma independent through higher education; and producers to do business; and MENDING THE PRESIDENT AND Whereas the achievements and goals of his- Whereas the Oklahoma Independent Petro- THE GOVERNMENTS OF OTHER torically Black colleges and universities are leum Association will continue to look to- COUNTRIES THAT HAVE PARTICI- deserving of national recognition: Now, ward the future by forging alliances within PATED IN THE PROLIFERATION therefore, be it the oil and gas industry and with other orga- SECURITY INITIATIVE FOR THE nizations devoted to a more prosperous Okla- Resolved, HISTORIC EFFORTS AND SUC- homa: Now, therefore, be it CESSES OF THE PROLIFERATION SECTION 1. DESIGNATION OF NATIONAL HIS- Resolved, That the Senate— SECURITY INITIATIVE IN REDUC- TORICALLY BLACK COLLEGES AND (1) recognizes the 50th anniversary of the UNIVERSITIES WEEK. Oklahoma Independent Petroleum Associa- ING THE THREAT POSED BY IL- tion; LICIT TRAFFICKING IN WEAPONS (a) SENSE OF THE SENATE.—It is the sense (2) congratulates the Oklahoma Inde- OF MASS DESTRUCTION, THEIR of the Senate that the President should des- pendent Petroleum Association for its 50- MEANS OF DELIVERY, AND RE- ignate the week beginning September 11, year history of contributions to the oil and LATED MATERIALS, ON THE OC- 2005, as ‘‘National Historically Black Col- gas industry of Oklahoma and the United CASION OF THE SECOND ANNI- leges and Universities Week’’. States; VERSARY OF THE ESTABLISH- (b) PROCLAMATION.—The Senate requests (3) recognizes that the Oklahoma Inde- MENT OF THE PROLIFERATION pendent Petroleum Association has been and the President to issue a proclamation— SECURITY INITIATIVE (1) designating the week beginning Sep- will continue to be an invaluable asset in de- veloping and promoting the oil and gas in- tember 11, 2005, as ‘‘National Historically Mr. LUGAR submitted the following dustry in the United States; and Black Colleges and Universities Week’’; and concurrent resolution; which was re- (4) directs the Secretary of the Senate to (2) calling on the people of the United ferred to the Committee on Foreign transmit a copy of this resolution to the Relations: States and interested groups to observe the Oklahoma Independent Petroleum Associa- week with appropriate ceremonies, activi- tion as an expression of appreciation and for S. CON. RES. 40 ties, and programs to demonstrate support public display at the 50th annual meeting of Whereas, on May 31, 2003, at Wawel Royal for historically Black colleges and univer- the Oklahoma Independent Petroleum Asso- Castle, Krakow, Poland, President George W. sities in the United States. ciation. Bush declared that ‘‘today I announce a new

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6059 effort to fight proliferation called the Pro- have conducted 14 ground, air, maritime, and ological Weapons Convention’’), the safe- liferation Security Initiative. The United tabletop interdiction exercises over the last guards system of the International Atomic States and a number of our close allies, in- 2 years, beginning with the Australian-led Energy Agency, and the commitments and cluding Poland, have begun working on new exercise Pacific Protector in September 2003; control lists of the Missile Technology Con- agreements to search planes and ships car- and trol Regime, the Australia Group, and the rying suspect cargo and to seize illegal weap- Whereas multiple countries have now par- Nuclear Suppliers Group. ons or missile technologies. Over time, we ticipated in and observed air, land, and sea f will extend this partnership as broadly as interdiction training exercises, in particular possible to keep the world’s most destructive the October 2004 Team Samurai exercise, in AUTHORITY FOR COMMITTEES TO weapons away from our shores and out of the which Japan, the United States, Australia, MEET hands of our common enemies’’; and France contributed operational assets COMMITTEE ON BANKING, HOUSING, AND URBAN Whereas, since May 2003, more than 60 and Canada, Cambodia, Germany, Greece, AFFAIRS countries have indicated their support for Italy, the Netherlands, New Zealand, Nor- Mr. ENSIGN. Mr. President, I ask the Proliferation Security Initiative; way, Philippines, Poland, Portugal, Russia, unanimous consent that the Com- Whereas, in September 2003, 11 countries Singapore, Spain, Sweden, Thailand, Turkey, mittee on Banking, Housing, and agreed to and published the Proliferation Se- and the United Kingdom participated as ob- Urban Affairs be authorized to meet curity Initiative Statement of Interdiction servers, and most recently in Exercise Ninfa Principles, which, among other things, iden- ’05, a joint maritime and ground interdiction during the session of the Senate on tifies specific steps for effectively inter- exercise led by Portugal: Now, therefore be it May 26, 2005, at 10 a.m., to conduct a dicting shipments of weapons of mass de- Resolved by the Senate (the House of Rep- hearing on ‘‘The Report to the Con- struction, their means of delivery, and re- resentatives concurring), That it is the sense gress on International Economic and lated materials and for preventing prolifera- of Congress that— Exchange Rate Policies.’’ tion facilitators, brokers, and middlemen (1) the President is to be commended on The PRESIDING OFFICER. Without from engaging in this deadly trade; the occasion of the second anniversary of the objection, it is so ordered. Whereas the Proliferation Security Initia- creation of the Proliferation Security Initia- COMMITTEE ON ENERGY AND NATURAL tive has led to the negotiation of bilateral tive for its broadening membership, increas- RESOURCES ship boarding agreements designed to facili- ing international support, and successful Mr. ENSIGN. Mr. President, I ask tate the interdiction of weapons of mass de- operational training and exercises; unanimous consent that the Com- struction, their means of delivery, and re- (2) all the governments of countries coordi- nating and cooperating in intelligence shar- mittee on Energy and Natural Re- lated materials, including agreements with sources be authorized to meet during the Governments of Panama, Liberia, and ing, training exercises, and legal agreements the Marshall Islands; with the United States under the Prolifera- the session of the Senate on Thursday, Whereas, United Nations Security Council tion Security Initiative, in particular the May 26, at 9:30 a.m., to consider com- Resolution 1540, proposed by President Bush meetings of the PSI Operational Experts prehensive energy legislation. and adopted unanimously by the Security Group, are to be commended for their sup- The PRESIDING OFFICER. Without Council on April 28, 2004, calls on all coun- port in the global effort to prevent the pro- objection, it is so ordered. tries to take cooperative action to prevent liferation of weapons of mass destruction, COMMITTEE ON FOREIGN RELATIONS trafficking in weapons of mass destruction, their means of delivery, and related mate- Mr. ENSIGN. Mr. President, I ask their means of delivery, and related mate- rials; unanimous consent that the Com- rials; (3) the Proliferation Security Initiative mittee on Foreign Relations be author- Whereas the actions of the United States constitutes an important tool for coordi- ized to meet during the session of the and its Proliferation Security Initiative nating diplomatic, law enforcement, cus- Senate on Thursday, May 26, 2005, at partners Germany and Italy contributed to toms, intelligence, and military capabilities 10:30 a.m., to hold a hearing on nomina- the interdiction of the ship ‘‘BBC China’’, a against the illicit trade in weapons of mass tions. commercial ship carrying centrifuge compo- destruction, their means of delivery, and re- The PRESIDING OFFICER. Without nents for Libya’s illicit nuclear program, en lated materials; objection, it is so ordered. route to Tripoli, and also contributed to the (4) all countries must work together, par- constructive decision made by the Govern- ticularly under the auspices of the com- COMMITTEE ON FOREIGN RELATIONS ment of Libya on December 19, 2003, to ac- mittee established pursuant to operative Mr. ENSIGN. Mr. President, I ask knowledge its illegal weapons of mass de- paragraph 4 of United Nations Security unanimous consent that the Com- struction programs and its agreement to Council Resolution 1540, popularly called the mittee on Foreign Relations be author- eliminate its weapons of mass destruction ‘‘1540 Committee’’, to further the implemen- ized to meet during the session of the and long-range missile programs and rejoin tation of the provisions of Resolution 1540 re- Senate on Thursday, May 26, 2005, at the international community by eliminating lating to the international legal bases for 2:30 p.m., to hold a hearing on nomina- all elements of its chemical and nuclear continued, aggressive enforcement of all tions. weapons programs, declaring all nuclear ma- agreements, treaties, and regimes that aim The PRESIDING OFFICER. Without terials and activities to the International through interdiction activities to end the il- objection, it is so ordered. Atomic Energy Agency (IAEA), eliminating licit trade in weapons of mass destruction, COMMITTEE ON HEALTH, EDUCATION, LABOR, ballistic missiles with a range greater than their means of delivery, and related mate- AND PENSIONS 300 kilometers with payloads of 500 or more rials; Mr. ENSIGN. Mr. President, I ask kilograms, accepting international inspec- (5) the governments of all responsible unanimous consent that the Com- tions to ensure Libya’s complete adherence countries should endorse the PSI Statement mittee on Health, Education, Labor, to the Nuclear Non-proliferation Treaty, of Interdiction Principles and cooperate ac- signing the Additional Protocol, eliminating tively to interdict and disrupt illicit trade in and Pensions be authorized to hold a all chemical weapons stocks and munitions weapons of mass destruction, their means of hearing during the session of the Sen- and acceding to the Chemical Weapons Con- delivery, and related materials; and ate on Thursday, May 26, 2005 at 10 a.m. vention, and allowing immediate inspections (6) as evidenced in the historic December in SD–430. and monitoring to verify all of these actions; 19, 2003, decision of Libya to acknowledge The PRESIDING OFFICER. Without Whereas the Report of the United Nations and convert or dismantle its illegal weapons objection, it is so ordered. Secretary-General’s High Level Panel on of mass destruction programs, the Prolifera- COMMITTEE ON THE JUDICIARY Threats, Challenges, and Changes finds that tion Security Initiative can provide signifi- Mr. ENSIGN. Mr. President, I ask ‘‘[r]ecent experience of the activities of the cantly enhanced enforcement of and adher- unanimous consent that the Com- A.Q. Khan network has demonstrated the ence to the Treaty on the Non-proliferation mittee on the Judiciary be authorized need for and the value of measures taken to of Nuclear Weapons, done at Washington, to meet to conduct a markup on Thurs- interdict the illicit and clandestine trade in London, and Moscow July 1, 1968, and en- day, May 26, 2005, at 9:30 a.m. in Dirk- components for nuclear programs’’; tered into force March 5, 1970 (commonly sen Room 226. Whereas the same Report also welcomes known as the ‘‘Nuclear Non-Proliferation ‘‘the voluntary Proliferation Security Initia- Treaty’’), the Convention on the Prohibition Agenda tive, under which more and more states are of the Development, Production, Stockpiling I. Nominations Terrence W. Boyle, II, cooperating to prevent illicit trafficking in and Use of Chemical Weapons and on Their to be U.S. Circuit Judge for the Fourth nuclear, biological and chemical weapons’’; Destruction, with Annexes, done at Paris Circuit; Brett M. Kavanaugh, to be Whereas, acknowledging that existing non- January 13, 1993, and entered into force April U.S. Circuit Judge for the District of proliferation agreements and export control 29, 1997 (commonly known as the ‘‘Chemical Columbia; Richard Griffin, to be U.S. regimes are necessary but no longer suffi- Weapons Convention’’), the Convention on cient, the Secretary-General of the United the Prohibition of the Development, Produc- Circuit Court Judge for the Sixth Cir- Nations has stated: ‘‘I applaud the efforts of tion and Stockpiling of Bacteriological (Bio- cuit; David McKeague, to be U.S. Cir- the Proliferation Security Initiative to fill a logical) and Toxin Weapons and on Their De- cuit Court Judge for the Sixth Circuit; gap in our defenses’’; struction, done at Washington, London, and Paul Clement, to be Solicitor General Whereas the United States and many of its Moscow April 10, 1972, and entered into force of the United States; Anthony Jerome Proliferation Security Initiative partners March 26, 1975 (commonly known as the ‘‘Bi- Jenkins, to be U.S. Attorney for the

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6060 CONGRESSIONAL RECORD — SENATE May 26, 2005 District of the Virgin Islands; Stephen Change, and Nuclear Safety be author- on the disagreeing votes of the two Houses Joseph Murphy III, to be U.S. Attorney ized to meet on Thursday, May 26, 2005 thereon. for the Eastern District of Michigan; at 9 a.m. to conduct an oversight hear- Mr. FRIST. Mr. President, I move Gretchen C.F. Shappert, to be U.S. At- ing on the Nuclear Regulatory Com- that the Senate insist on its amend- torney for the Western District of mission. ment, agree to the request for a con- North Carolina; Rachel Brand, to be an The hearing will be held in SD 406. ference, and the Chair appoint con- Assistant Attorney General for the Of- The PRESIDING OFFICER. Without ferees, with a ratio of 16 to 14, with the fice of Legal Policy; Alice S. Fisher, to objection, it is so ordered. names submitted at the desk. be an Assistant Attorney General for SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- The motion was agreed to, and the the Criminal Division; and Regina B. AGEMENT, GOVERNMENT INFORMATION, AND Presiding Officer appointed Mr. INHOFE, Schofield, to be an Assistant Attorney INTERNATIONAL SECURITY Mr. WARNER, Mr. BOND, Mr. VOINOVICH, General for the Office of Justice Pro- Mr. ENSIGN. Mr. President, I ask Mr. CHAFEE, Ms. MURKOWSKI, Mr. grams. unanimous consent that the Sub- THUNE, Mr. DEMINT, Mr. ISAKSON, Mr. II. Bills: S. 852, A bill to Create a committee on Federal Financial Man- VITTER, Mr. GRASSLEY, Mr. HATCH, Mr. Fair and Efficient System to Resolve agement, Government Information, SHELBY, Mr. ALLARD, Mr. STEVENS, Mr. Claims of Victims for Bodily Injury and International Security be author- LOTT, Mr. JEFFORDS, Mr. BAUCUS, Mr. Caused by Asbestos Exposure, and for ized to meet on Thursday, May 26, 2005, LIEBERMAN, Mrs. BOXER, Mr. CARPER, Other Purposes. [SPECTER, LEAHY, at 2:30 p.m., for a hearing regarding Mrs. CLINTON, Mr. LAUTENBERG, Mr. HATCH, FEINSTEIN, GRASSLEY, DEWINE, ‘‘An Assessment of Federal Funding for OBAMA, Mr. CONRAD, Mr. INOUYE, Mr. GRAHAM]. Private Research and Development.’’ ROCKEFELLER, Mr. SARBANES, Mr. III. Matters: Senate Judiciary Com- The PRESIDING OFFICER. Without REED, Mr. JOHNSON conferees on the mittee Rules. objection, it is so ordered. part of the Senate. The PRESIDING OFFICER. Without SUBCOMMITTEE ON IMMIGRATION, BORDER f objection, it is so ordered. SECURITY AND CITIZENSHIP SMALL BUSINESS ACT COMMITTEE ON VETERANS’ AFFAIRS Mr. ENSIGN. Mr. President, I ask Mr. ENSIGN. Mr. President, I ask unanimous consent that the Sub- Ms. SNOWE. Mr. President, I rise unanimous consent that The Com- committee on Immigration, Border Se- today to address the consideration of mittee on Veterans’ Affairs be author- curity and Citizenship be authorized to H.R. 3, the Highway bill, in conference ized to meet during The session of The meet to conduct a hearing on ‘‘The between the Senate and the House, and Senate on Thursday, May 26, 2005, for a Need for Comprehensive Immigration to engage the majority leader and committee hearing titled ‘‘Battling Reform: Serving Our National Econ- Chairman INHOFE in a colloquy. It has The Backlog: Challenges Facing The omy’’ on Thursday, May 26, 2005, at 2:30 come to my attention that the version VA Claims Adjudication and Appeal p.m. in SD–226. of H.R. 3 passed by the House contains Process’’. changes to the Small Business Act, The hearing will take place in Room Witness List which is under the exclusive jurisdic- 418 of the Russell Senate Office Build- Panel I: The Honorable Steven Law, tion of the small business committees ing at 2 p.m. Deputy Secretary, U.S. Department of in both chambers. Section 1821 of H.R. The PRESIDING OFFICER. Without Labor, Washington, DC. 3 as passed by the House would extend objection, it is so ordered. Panel II: Tom Donahue, President the benefits of the Historically Under- utilized Business, HUBZone, program PERMANENT SUBCOMMITTEE ON INVESTIGATIONS and CEO, U.S. Chamber of Commerce, to non-metropolitan areas designated Mr. ENSIGN. Mr. President, I ask Washington, DC; Dan Griswold, Direc- as Difficult Development Areas, DDAs, unanimous consent that The Perma- tor of the Center for Trade Policy by the Secretary of Housing and Urban nent Subcommittee on Investigations Studies, The CATO Institute, Wash- Development, but only if these DDAs be authorized to meet on Thursday, ington, DC; and Douglas S. Massey, are located in states and territories May 26, 2005, at 9 a.m., for a hearing en- Ph.D., Professor, Princeton University, outside the continental United States. titled ‘‘The Container Security Initia- Princeton, NJ. The HUBZone program exists to gen- tive and The Customs-Trade Partner- The PRESIDING OFFICER. Without erate market-based development solu- ship Against Terrorism: Securing The objection, it is so ordered. tions in economically distressed areas Global Supply Chain or Trojan Horse?’’ f by providing federal contracting ad- The PRESIDING OFFICER. Without PRIVILEGE OF THE FLOOR vantages to small businesses which lo- objection, it is so ordered. cate in HUBZones and employ HUB SELECT COMMITTEE ON INTELLIGENCE Mr. ALEXANDER. Mr. President, I ask unanimous consent that Rexon Zone residents. Mr. ENSIGN. Mr. President, I ask The HUBZone contracting program is Ryu with Senator HAGEL’s staff be unanimous consent, pursuant to Rule codified in the Small Business Act and 26.5(a) of The Standing Rules of The granted the privilege of the floor dur- ing today’s session. is administered by the Office of Gov- Senate, that The Select Committee on ernment Contracting and Business De- Intelligence be authorized to meet The PRESIDING OFFICER. Without objection, it is so ordered. velopment of the Small Business Ad- after conclusion of the first two hours ministration. While the HUBZone pro- after the meeting of The Senate com- f vision was not included in the Senate mences on May 26, 2005. TRANSPORTATION EQUITY ACT: A version of H.R. 3, had the provision in The PRESIDING OFFICER. Without LEGACY FOR USERS the House bill proceeded through the objection, it is so ordered. Mr. FRIST. Mr. President, I ask the Senate committee process, I would SUBCOMMITTEE ON AVIATION Chair lay before the Senate a message have certainly exercised my preroga- Mr. ENSIGN. Mr. President, I ask from the House of Representatives on tives as the Committee Chair. unanimous consent that The Sub- the bill (H.R. 3) to authorize funds for Although I am not requesting a for- committee on Aviation be authorized Federal-aid highways, highway safety mal appointment as a conferee, I would to meet on Thursday, May 26, 2005, at programs, and transit programs, and like to ask my distinguished col- 10 a.m. on Aviation Capacity and Con- for other purposes. leagues, the majority leader and the gestion Challenges-Summer 2005 and The PRESIDING OFFICER laid be- chairman of the Senate Committee on Future Demand. fore the Senate the following message Environment and Public Works, to The PRESIDING OFFICER. Without from the House of Represenatives: commit that no change to the Small objection, it is so ordered. Business Act or any program relating Resolved, That the House disagree to the SUBCOMMITTEE ON CLEAN AIR, CLIMATE to the SBA will be negotiated or agreed amendment of the Senate to the bill (H.R. 3) CHANGE, AND NUCLEAR SAFETY entitled ‘‘An Act to authorize funds for Fed- to in the Highway bill conference with- Mr. ENSIGN. Mr. President, I ask eral-aid highways, highway safety programs, out my consent as the Chair of the unanimous consent that the Sub- and transit programs, and for other pur- Senate Committee on Small Business committee on Clean Air, Climate poses,’’ and ask a conference with the Senate and Entrepreneurship.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6061 Mr. FRIST. The Senator from Maine, NOMINATION OF WILLIAM H. ice, received on Thursday, May 26, 2005, the distinguished chair of the Small PRYOR TO BE UNITED STATES be jointly referred to the Committee Business Committee, is correct that CIRCUIT JUDGE FOR THE ELEV- on Commerce, Science, and Transpor- while the vast majority of the Highway ENTH DISTRICT tation and the Committee on Banking, bill does not concern the Small Busi- Mr. FRIST. Mr. President, I ask Housing, and Urban Affairs. ness Act or the Small Business Admin- unanimous consent that the Senate The PRESIDING OFFICER. Without istration, the Highway bill conferees now proceed to the consideration of Ex- objection, it is so ordered. should secure the consent of the Chair ecutive Calendar No. 100, the nomina- f of the Senate committee on Small tion of William Pryor, of Alabama, to EXECUTIVE CALENDAR Business and Entrepreneurship before be U.S. Circuit Judge for the Eleventh making any changes to legislation or Circuit. programs within that committee’s ju- The legislative clerk read the nomi- NOMINATIONS DISCHARGED risdiction. nation of William H. Pryor, of Ala- Mr. FRIST. Mr. President, I ask Mr. INHOFE. I am grateful to the bama, to be United States Circuit unanimous consent that the Senate im- chair of the Small Business Committee Judge for the Eleventh District. mediately proceed to consider the fol- for her concern about the interests of CLOTURE MOTION lowing nominations on today’s Execu- small business. As chairman of the Mr. FRIST. Mr. President, I send a tive Calendar: Nos. 104, 105, 106 through Senate Environment and Public Works cloture motion to the desk. 111, 112, with the exception of BG Rita Committee and the manager of the The PRESIDING OFFICER. The clo- Broadway, 0000, Nos. 113, 114, with the Highway bill on the part of the Senate, ture motion having been presented exception of COL Donald M. Bradshaw, I agree that the Senate conferees on under rule XXII, the clerk will report 0000, Nos. 115 through 132, 133, 134, 135, the Highway bill will secure the Senate the cloture motion. 136, and all nominations on the Sec- Small Business Committee’s consent The legislative clerk read as follows: retary’s desk. I further ask unanimous before negotiating or agreeing to any consent that the Commerce Committee changes to the Small Business Act or CLOTURE MOTION We the undersigned Senators, in accord- be discharged from further consider- to any program relating to the Small ation of Coast Guard nominations lists, Business Administration. ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby PN 236 and PN 527, and a NOAA list, PN Ms. SNOWE. I thank Chairman move to bring to a close debate on Executive 452; provided further that the Senate INHOFE and the majority leader for Calendar No. 100, William H. Pryor, Jr., of proceed to their consideration, the their commitment and support. Alabama, to be United States Circuit Judge nominations be confirmed en bloc, the for the Eleventh Circuit. motions to reconsider be laid upon the f Bill Frist, Craig Thomas, Richard Burr, Pat Roberts, Mitch McConnell, Jeff table, and the President be imme- Sessions, Wayne Allard, Jon Kyl, Rich- diately notified of the Senate’s action. EXECUTIVE SESSION ard G. Lugar, Jim DeMint, David Vit- The PRESIDING OFFICER. Without ter, Richard Shelby, Lindsey Graham, objection, it is so ordered. John Ensign, Pete Domenici, Bob Ben- The nominations considered and con- nett, George Allen. firmed are as follows: NOMINATION OF JANICE R. BROWN Mr. FRIST. Mr. President, I ask DEPARTMENT OF EDUCATION TO BE UNITED STATES CIRCUIT unanimous consent that the live Raymond Simon, of Arkansas, to be JUDGE FOR THE DISTRICT OF quorum with respect to both cloture Dep-uty Secretary of Education. COLUMBIA CIRCUIT votes be waived. DEPARTMENT OF DEFENSE Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. Without Kenneth J. Kreig, of Virginia, to be Under unanimous consent that the Senate objection, it is so ordered. Secretary of Defense for Acquisition, Tech- proceed to executive session for the f nology, and Logistics. consideration of Executive Calendar NOMINATION OF ROBERT JOSEPH IN THE AIR FORCE No. 72, the nomination of Janice R. TO BE UNDER SECRETARY OF The following named officer for appoint- Brown to be U.S. Circuit Judge for the STATE ment in the United States Air Force to the DC Circuit. grade indicated under title 10, U.S.C., section The legislative clerk read the nomi- Mr. FRIST. Mr. President, I ask 624: nation of Janice R. Brown, of Cali- unanimous consent that the Foreign To be brigadier general fornia, to be United States Circuit Relations Committee be discharged Col. Kathleen D. Close, 0000 Judge for the District of Columbia Cir- from further consideration of Robert The following named officer for appoint- cuit. Joseph, PN 301, to be Under Secretary ment in the United States Air Force to the of State for Arms Control and Inter- grade indicated while assigned to a position CLOTURE MOTION national Security; provided further of importance and responsibility under title Mr. FRIST. Mr. President, I send a that the Senate proceed to its consider- 10, U.S.C., section 601: cloture motion to the desk. ation, the nomination be confirmed, To be lieutenant general The PRESIDING OFFICER. The clo- the motion to reconsider be laid upon Maj. Gen. Charles E. Croom, Jr., 0000 ture motion having been presented the table, and the President be imme- The following Air National Guard of the under rule XXII, the clerk will report diately notified of the Senate’s action. United States officer for appointment in the the cloture motion. The PRESIDING OFFICER. Without Reserve of the Air Force to the grade indi- The legislative clerk read as follows: objection, it is so ordered. cated under title 10, U.S.C., section 12203: To be brigadier general CLOTURE MOTION The nomination considered and con- firmed is as follows: Col. Benjamin J. Spraggins, 0000 We the undersigned Senators, in accord- ance with the provisions of rule XXII of the DEPARTMENT OF STATE The following named officer for appoint- Standing Rules of the Senate, do hereby Robert Joseph, of Virginia, to be Under ment in the United States Air Force to the move to bring to a close debate on Executive Secretary of State for Arms Control and grade indicated while assigned to a position Calendar No. 72, the nomination of Janice R. International Security. of importance and responsibility under title 10, U.S.C., section 601: Brown, of California, to be United States Cir- f cuit Judge for the District of Columbia Cir- To be general cuit. JOINT REFERRAL Lt. Gen. Ronald E. Keys, 0000 Bill Frist, Arlen Specter, Trent Lott, Mr. FRIST. Mr. President, I ask IN THE ARMY Lamar Alexander, Jon Kyl, Jim Talent, unanimous consent that the nomina- Wayne Allard, Richard G. Lugar, John The following named officer for appoint- Ensign, C.S. Bond, Norm Coleman, tion of Israel Hernandez, of Texas, to ment in the United States Army to the grade Saxby Chambliss, James Inhofe, Mel be Assistant Secretary of Commerce indicated under title 10, U.S.C., section 624: Martinez, Jim DeMint, George Allen, and Director General of the United To be major general Kay Bailey Hutchison, John Cornyn. States and Foreign Commercial Serv- Brig. Gen. Benjamin C. Freakley, 0000

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6062 CONGRESSIONAL RECORD — SENATE May 26, 2005 The following named Army National Guard Captain Nevin P. Carr, Jr., 0000 Rear Adm. (lh) Peter H. Daly, 0000 of the United States officer for appointment Captain Philip H. Cullom, 0000 Rear Adm. (lh) Kenneth W. Deutsch, 0000 as Director, Army National Guard and for Captain Mark I. Fox, 0000 Rear Adm. (lh) Mark T. Emerson, 0000 appointment to the grade indicated under Captain William D. French, 0000 Rear Adm. (lh) Jeffrey L. Fowler, 0000 title 10, U.S.C., section 10506: Captain Michael S. Frick, 0000 Rear Adm. (lh) Garry E. Hall, 0000 To be lieutenant general Captain Timothy M. Giardina, 0000 Rear Adm. (lh) Leendert R. Hering, Sr., 0000 Maj. Gen. Clyde A. Vaughn, 0000 Captain Robert S. Harward, Jr., 0000 Rear Adm. (lh) Alan B. Hicks, 0000 Captain William H. Hilarides, 0000 Rear Adm. (lh) Stephen E. Johnson, 0000 The following named officers for appoint- Captain Daniel P. Holloway, 0000 Rear Adm. (lh) Carl V. Mauney, 0000 ment in the Reserve of the Army to the Captain Douglas J. McAneny, 0000 Rear Adm. (lh) Bernard J. McCullough, III grades indicated under title 10, U.S.C., sec- Captain Terence E. McKnight, 0000 Rear Adm. (lh) Michael Miller, 0000 tion 12203: Captain John W. Miller, 0000 Rear Adm. (lh) Allen G. Myers, 0000 To be major general Captain Michael S. Obryan, 0000 Rear Adm. (lh) Joseph A. Walsh, 0000 Brigadier General William H. Johnson, 0000 Captain Frank C. Pandolfe, 0000 Rear Adm. (lh) Melvin G. Williams, Jr., 0000 Brigadier General Dennis E. Lutz, 0000 Captain David L. Philman, 0000 Rear Adm. (lh) James A. Winnefeld, Jr., 0000 To be brigadier general Captain Brian C. Prindle, 0000 The following named officer for appoint- Colonel William H. Gerety, 0000 Captain Donald P. Quinn, 0000 ment in the United States Navy Reserve to Colonel William D. Frink, Jr., 0000 Captain William E. Shannon, III, 0000 the grade indicated under title 10, U.S.C. sec- Colonel Geoffrey A. Freeman, 0000 Captain James A. Symonds, 0000 tion 12203: Colonel Stuart M. Dyer, 0000 Captain Stephen S. Voetsch, 0000 To be rear admiral (lower half) Captain James P. Wisecup, 0000 Colonel Paul E. Crandall, 0000 Capt. Carol M. Pottenger, 0000 Colonel Lie-Ping Chang, 0000 The following named officer for appoint- The following named officer for appoint- To be major general ment in the United States Navy to the grade ment in the United States Naval Reserve to indicated under title 10, U.S.C., section 624: Brigadier General Bruce E. Zukauskas, 0000 the grade indicated under title 10, U.S.C. sec- Brigadier General William Terpeluk,0000 To be rear admiral tion 12203: Brigadier General Robert A. Pollmann, 0000 Rear Adm. (lh) Alan S. Thompson, 0000 To be rear admiral (lower half) To be brigadier general The following named officer for appoint- Capt. Nathan E. Jones, 0000 Colonel Richard A. Stone, 0000 ment in the United States Navy to the grade The following named officer for appoint- Colonel Steven W. Smith, 0000 indicated under title 10, U.S.C., section 624: ment in the United States Navy Reserve to Colonel Eldon P. Regua, 0000 To be rear admiral the grade indicated under title 10, U.S.C. sec- Colonel Bert K. Mizusawa, 0000 Rear Adm. (lh) Nancy J. Lescavage, 0000 tion 12203: Colonel Charles D. Luckey, 0000 To be rear admiral (lower half) The following named officer for appoint- Colonel Douglas E. Lee, 0000 Capt. Albert Garcia, III, 0000 Colonel Dempsey D. Kee, 0000 ment in the United States Navy to the grade BARRY GOLDWATER SCHOLARSHIP & Colonel Jeffrey A. Jacobs, 0000 indicated under title 10, U.S.C., section 624: EXCELLENCE IN EDUCATION FOUNDATION Colonel George R. Harris, 0000 To be rear admiral Colonel Margaret C. Wilmoth, 0000 Rear Adm. (lh) Jeffrey A. Brooks, 0000 Charles P. Ruch, of South Dakota, to be a Colonel Robin B. Umberg, 0000 Member of the Board of Trustees of the The following named officer for appoint- Barry Goldwater Scholarship and Excellence To be major general ment in the United States Navy to the grade in Education Foundation for a term expiring Brigadier General Larry Knightner, 0000 indicated under title 10, U.S.C., section 624: August 11, 2010. Brigadier General David L. Evans, 0000 To be rear admiral NATIONAL FOUNDATION ON THE ARTS AND THE Brigadier General Bruce A. Casella, 0000 Rear Adm. (lh) Robert B. Murrett, 0000 HUMANITIES The following named officer for appoint- The following named officer for appoint- Harry Robinson, Jr., of Texas, to be a ment in the Reserve of the Army to the ment in the United States Navy to the grade Member of the National Museum Services grade indicated under title 10, U.S.C., section indicated under title 10, U.S.C., section 624: Board for a term expiring December 6, 2008. 12203: (Reappointment) To be rear admiral (lower half) To be brigadier general NATIONAL MUSEUM AND LIBRARY SERVICES Capt. Victor C. See, Jr., 0000 Col. Neil Dial, 0000 BOARD The following named officers for appoint- The following named officer for appoint- Kin Wang, of California, to be a Member of ment in the United States Army to the grade ment in the United States Navy to the grade the National Museum and Library Services indicated under title 10, U.S.C., section 624: indicated under title 10, U.S.C. section 624: Board for a term expiring December 6, 2009. To be brigadier general To be rear admiral (lower half) (Reappointment) Col. David A. Rubenstein, 0000 Capt. Christine M. Bruzek-Kohler POSTAL RATE COMMISSION Col. James K. Gilman, 0000 The following named officer for appoint- Tony Hammond, of Virginia, to be a Com- IN THE MARINE CORPS ment in the United States Navy to the grade missioner of the Postal Rate Commission for The following named officer for appoint- indicated under title 10, U.S.C. section 624: a term expiring October 14, 2010. (Reappoint- ment in the United States Marine Corps to To be rear admiral (lower half) ment) NOMINATIONS PLACED ON THE SECRETARY’S the grade indicated while assigned to a posi- Capt. Mark W. Balmert, 0000 tion of importance and responsibility under DESK The following named officers for appoint- title 10, U.S.C., section 601: IN THE AIR FORCE ment in the United States Navy to the grade PN311 AIR FORCE nominations (445) begin- To be lieutenant general indicated under title 10, U.S.C. section 624: Maj. Gen. John W. Bergman, 0000 ning DONNELLE E. ADAMS, and ending To be rear admiral (lower half) DANIEL J. ZALEWSKI, which nominations The following named officer for appoint- Capt. Raymond E. Berube, 0000 were received by the Senate and appeared in ment in the United States Marine Corps to Capt. John J. Prendegast, III, 0000 the Congressional Record of March 14, 2005. the grade indicated while assigned to a posi- The following named officers for appoint- PN499 AIR FORCE nomination of Michael tion of importance and responsibility under E. Van Valkenburg, which was received by title 10, U.S.C., section 601: ment in the United States Navy to the grade indicated under title 10, U.S.C. section 624: the Senate and appeared in the Congres- To be lieutenant general sional Record of May 9, 2005. To be rear admiral (lower half) Lt. Gen. Robert R. Blackman, Jr., 0000 IN THE ARMY IN THE NAVY Capt. Kevin M. McCoy, 0000 PN222 ARMY nominations (12) beginning Capt. William D. Rodriguez, 0000 The following named officer for appoint- ROBERT D. BOWMAN, and ending THE- ment in the United States Navy to the grade The following named officer for appoint- RESA M. SULLIVAN, which nominations indicated while assigned to a position of im- ment in the United States Navy to the grade were received by the Senate and appeared in portance and responsibility under title 10, indicated under title 10, U.S.C. section 624: the Congressional Record of February 15, U.S.C., section 601: To be rear admiral 2005. PN500 ARMY nominations (75) beginning To be admiral Rear Adm. (lh) David J. Venlet, 0000 CATHERINE D. SCHOONOVER, and ending Vice Adm. Gary Roughead, 0000 The following named officers for appoint- VINCENT M. YZNAGA, which nominations The following named officers for appoint- ment in the United States Navy to the grade were received by the Senate and appeared in ment in the United States Navy to the grade indicated under title 10, U.S.C. section 624: the Congressional Record of May 9, 2005. indicated under title 10, U.S.C., section 624: To be rear admiral IN THE NAVY To be rear admiral (lower half) Rear Adm. (lh) Bruce W. Clingan, 0000 PN435 NAVY nominations (35) beginning Captain William R. Burke, 0000 Rear Adm. (lh) Derwood C. Curtis, 0000 JOEL P. BERNARD, and ending MARC K.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6063 WILLIAMS, which nominations were re- PN–503, Ambassador to Republic of The PRESIDING OFFICER. Without ceived by the Senate and appeared in the Panama; James Derham, PN–480, Am- objection, it is so ordered. Congressional Record of April 21, 2005. bassador to Guatemala; Paul Trivelli, The concurrent resolution (H. Con. IN THE COAST GUARD PN–509, Ambassador to Republic of Res. 167) was agreed to, as follows: The following named officers for appoint- Nicaragua; Linda Jewell, PN–522, Am- H. CON. RES. 167 ment in the United States Coast Guard to bassador to Republic of Ecuador; Sean Resolved by the House of Representatives (the the grade indicated under title 14, U.S.C., Ian McCormack, PN–351, Assistant Sec- section 271: Senate concurring), That when the House ad- retary of State; provided further that journs on the legislative day of Thursday, To be rear admiral the Senate proceed to their consider- May 26, 2005, or Friday, May 27, 2005, on a Rear Adm. (lh) Larry L. Hereth, 0000 ation en bloc, the nominations be con- motion offered pursuant to this concurrent Rear Adm. (lh) Robert J. Papp, 0000 firmed, that the motions to reconsider resolution by its Majority Leader or his des- Rear Adm. (lh) Clifford I. Pearson, 0000 be laid upon the table, the President be ignee, it stand adjourned until 2 p.m. on Rear Adm. (lh) James C. Van Sice, 0000 Tuesday, June 7, 2005, or until the time of The following named individual for ap- immediately notified of the Senate’s any reassembly pursuant to section 2 of this pointment as a permanent regular officer in action and the Senate then resume leg- concurrent resolution, whichever occurs the United States Coast Guard in the grade islative session. first; and that when the Senate recesses or indicated under Title 14, U.S.C., section 211: The PRESIDING OFFICER. Without adjourns on Thursday, May 26, 2005, or Fri- To be lieutenant commander objection, it is so ordered. day, May 27, 2005, on a motion offered pursu- ant to this concurrent resolution by its Ma- Kathryn C. Dunbar, 0000 The nominations considered and con- firmed are as follows: jority Leader or his designee, it stand re- NATIONAL OCEANIC AND ATMOSPHERIC cessed or adjourned until noon on Monday, DEPARTMENT OF STATE ADMINISTRATION June 6, 2005, or Tuesday, June 7, 2005, or until Subject to qualifications provided by law, Victoria Nuland, of Connecticut, a Career such other time on either of those days as the following permanent appointment to the Member of the Senior Foreign Services, may be specified by its Majority Leader or grades indicated in the National Oceanic and Class of Minister-Counselor, to be Perma- his designee in the motion to recess or ad- Atmospheric Administration. nent Representative of the United States of journ, or until the time of any reassembly America on the Council of the North Atlan- To be lieutenant pursuant to section 2 of this concurrent reso- tic Treaty Organization, with the rank and lution, whichever occurs first. Daniel J Price status of Ambassador Extraordinary and SEC. 2. The Speaker of the House and the Stephen Z Kroening Plenipotentiary. Jessica S Kondel Majority Leader of the Senate, or their re- John F. Tefft, of Virginia, a Career Mem- spective designees, acting jointly after con- Shannon M Ristau ber of the Senior Foreign Service, Class of Nicole S Lambert sultation with the Minority Leader of the Minister-Counselor, to be Ambassador Ex- House and the Minority Leader of the Sen- Chadwick A Brown traordinary and Plenipotentiary of the Nicole D Colasacco ate, shall notify the Members of the House United States of America to Georgia. and the Senate, respectively, to reassemble Chad M Cary David Horton Wilkins, of South Carolina, at such place and time as they may des- Jennifer E Pralgo to be Ambassador Extraordinary and Pleni- ignate whenever, in their opinion, the public Sean D Cimilluca potentiary of the United States of America interest shall warrant it. Charles J Yoos III to Canada. Keith A Golden William Alan Eaton, of Virginia, a Career f Shawn Maddock Member of the Senior Foreign Service, Class William D Whitmore of Minister-Counselor, to be Ambassador Ex- AUTHORIZATION TO MAKE Douglas E MacIntyre traordinary and Plenipotentiary of the APPOINTMENTS Sarah L Dunsford United States of America to the Republic of Sarah K Mrozek Panama. Mr. FRIST. Mr. President, I ask Joshua D Bauman James M. Derham, of Virginia, a Career unanimous consent that notwith- To be lieutenant (junior grade) Member of the Senior Foreign Service, Class standing the upcoming recess or ad- Michael C Davidson of Minister-Counselor, to be Ambassador Ex- journment of the Senate, the President David E Fischman traordinary and Plenipotentiary of the of the Senate, the President pro tem- United States of America to the Republic of Silas M Ayers pore, and the majority and minority Paul A Householder Guatemala. Paul A. Trivelli, of Virginia, a Career leaders be authorized to make appoint- Nicola Samuelson Member of the Senior Foreign Service, Class ments to commissions, committees, Patrick L Murphy of Counselor, to be Ambassador Extraor- boards, conferences, or interparliamen- Colin D Little dinary and Plenipotentiary of the United Lean A Harman tary conferences authorized by law and States of America to the Republic of Nica- Jason R Mansour by concurrent action of the two Houses ragua. Michael J Stevenson or by order of the Senate. Linda Jewell, of the District of Columbia, Briana J Welton The PRESIDING OFFICER. Without a Career Member of the Senior Foreign Serv- Abigail S Higgins ice, Class of Minister-Counselor, to be Am- objection, it is so ordered. Brent J Pounds bassador Extraordinary and Plenipotentiary Amanda L Goeller f of the United States of America to the Re- Sarah E Jackson public of Ecuador. SIGNING AUTHORIZATION Timothy D Salisbury Sean Ian McCormack, of the District of Co- Benjamin S Sniffen lumbia, to be an Assistant Secretary of Mr. FRIST. I ask unanimous consent Mark A Blankenship State (Public Affairs). that during the adjournment of the Fionna J Matheson Jonathan E Taylor f Senate, the majority leader, majority whip, and senior Senator from Virginia Andrew P Halbach LEGISLATIVE SESSION Nathan S Priester be authorized to sign duly enrolled William I Wells The PRESIDING OFFICER. Under bills or joint resolutions. Sarah K Jones the previous order, the Senate will now The PRESIDING OFFICER. Without Stephen P Barry return to legislative session. objection, it is so ordered. f f f NOMINATIONS DISCHARGED PROVIDING FOR CONDITIONAL RE- Mr. FRIST. Mr. President, I ask CESS OR ADJOURNMENT OF AUTHORITY FOR COMMITTEES TO unanimous consent that the Foreign BOTH HOUSES OF CONGRESS REPORT Relations Committee be discharged Mr. FRIST. Mr. President, I ask Mr. FRIST. I ask unanimous consent from further consideration of the fol- unanimous consent that the Senate that notwithstanding the Senate’s ad- lowing nominations: now proceed to consideration of H. Con. journment, committees be authorized Victoria Nuland, PN 511, permanent Res. 167, the adjournment resolution, to report legislative and executive representative on the Council of NATO; which is at the desk. I further ask con- matters on June 1 from 10 a.m. to 12 John Tefft, PN 523, Ambassador to sent that the concurrent resolution be noon. Georgia; David Wilkins, PN–455, Am- agreed to and the motion to reconsider The PRESIDING OFFICER. Without bassador to Canada; William Eaton, be laid upon the table. objection, it is so ordered.

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6064 CONGRESSIONAL RECORD — SENATE May 26, 2005 APPOINTMENTS gressive movement. He protested the nesses. OIPA is also a member of the The PRESIDING OFFICER. The corruption of government and the in- Independent Petroleum Association of Chair, on behalf of majority and minor- fluence of large corporations on polit- America. ity leaders of the Senate and Speaker ical leaders. He argued in favor of wom- OIPA’s mission is to enhance and minority leader of the House of Rep- en’s suffrage, worker’s rights and ra- protect the ability of Oklahoma’s inde- resentatives, pursuant to section 301 of cial equality. He fought for economic pendent oil and natural gas producers Public Law 104–1, as amended by Public and social reform to remove power to conduct their business and to ensure Law 108–349, announces the joint re- from the few and place it in the hands a strong energy supply. OIPA is a proactive and diverse orga- designation of the following individual, of the many. nization striving to provide a broad as Chair of the Board of Directors of La Follette’s fighting spirit and drive range of services to its members and the Office of Compliance: Susan S. for reform have prevented him from falling out of the Naion’s conscious- the industry it supports. Robfogel of New York. OIPA has worked successfully on be- The Chair, on behalf of the majority ness. Nowhere is this truer than in Wis- half of Oklahoma independent pro- and minority leaders of the Senate and consin, the State he served so tire- ducers on State and national issues, lessly for more than 30 years. His leg- the Speaker and minority leader of the advocating for State and national gov- acy is alive in the people of Wisconsin, House of Representatives, pursuant to ernmental policies that protect and en- who so often embody his pioneering section 301 of Public Law 104–1, as hance the Oklahoma independent pro- amended by Public Law 108–349, an- spirit of reform. His legacy is alive in ducers’ ability to do business. nounces the joint reappointment of the the United States Senate, where we Most recently, I have worked with following individual as members of the continue to fight for honesty in poli- OIPA in the introduction of the Nat- Board of Directors of the Office of tics. For all these reasons, I urge my ural Gas Production Act of 2005—S. 926, Compliance: Barbara L. Camens of the colleague to join me in support of H.R. which I introduced, that would extend District of Columbia and Roberta L. 1760, to commemorate the legacy, and section 29 to include natural gas pro- Holzwarth of Illinois. celebrate the life of Robert ‘‘Fighting duced from depths below 15,000 feet. f Bob’’ La Follette. This bill is strongly supported by OIPA Mr. FRIST. I ask unanimous consent DESIGNATING THE ‘‘ROBERT M. LA members and I thank them for their the bill be read a third time and FOLLETTE, SR., POST OFFICE support. passed, the motion to reconsider be BUILDING’’ The Oklahoma Independent Petro- laid upon the table, and any state- leum Association has been and will Mr. FRIST. I ask unanimous consent ments relating to the bill be printed in continue to be an invaluable asset in that the Committee on Homeland Se- the RECORD. developing and promoting the oil and curity and Governmental Affairs be The PRESIDING OFFICER. Without gas industry in the United States. discharged from further consideration objection, it is so ordered. I am introducing this resolution as of H.R. 1760 and the Senate proceed to The bill (H.R. 1760) was read the third an expression of my appreciation. I its immediate consideration. time and passed. congratulate the Oklahoma Inde- The PRESIDING OFFICER. Without f pendent Petroleum Association for its objection, it is so ordered. The clerk 50-year history and its contributions to 50TH ANNIVERSARY OF THE OKLA- will report the bill by title. the oil and gas industry in Oklahoma The legislative clerk read as follows: HOMA INDEPENDENT PETRO- and the United States. A bill (H.R. 1760) to designate the facility LEUM ASSOCIATION Mr. FRIST. I ask unanimous consent of the United States Postal Service located Mr. FRIST. I ask unanimous consent at 215 Martin Luther King, Jr., Boulevard in the resolution be agreed to, the pre- Madison, Wisconsin, as the ‘‘Robert M. La the Senate now proceed to the consid- amble be agreed to, the motions to re- Follette, Sr., Post Office Building.’’ eration of S. Res. 159, submitted earlier consider be laid on the table en bloc, There being no objection, the Senate today. and any statements relating to the res- proceeded to consider the bill. The PRESIDING OFFICER. The olution be printed in the RECORD. Mr. KOHL. Mr. President, I rise clerk will report the resolution by The PRESIDING OFFICER. Without today in support of H.R. 1760, which title. objection, it is so ordered. would name a Post Office in Madison, The legislative clerk read as follows: The resolution (S. Res. 159) was WI as the ‘‘Robert M. La Follette, Sr. A resolution (S. Res. 159) recognizing the agreed to. The preamble was agreed to. Post Office Building.’’ This passage of 50th anniversary of the Oklahoma Inde- The resolution, with its preamble, this legislation is timely, coming pendent Petroleum Association and its mem- reads as follows: shortly before what would have been bers’ vital contribution to the oil and gas in- dustry of the United States. S. RES. 159 La Follette’s 150th birthday next month. There being no objection, the Senate Whereas the Oklahoma Independent Petro- Robert La Follette was born into a proceeded to consider the resolution. leum Association was founded and incor- Mr. INHOFE. Mr. President, today I porated in the State of Oklahoma on Janu- farming family in Primrose, WI, on ary 13, 1955; June 14, 1855. After graduating from rise in support of this resolution recog- nizing the Oklahoma Independent Pe- Whereas the Oklahoma Independent Petro- the University of Wisconsin in Madi- leum Association was founded by inde- son, he served as the District Attorney troleum Association on its 50th anni- pendent oil and natural gas producers, and for Dane County. He would go on to versary and also recognizing its mem- its membership is still comprised of inde- serve the State of Wisconsin as a Con- bers’ vital contribution to the oil and pendent producers, both large and small; gressman, the Governor, and a U.S. gas industry of the United States. Whereas the founders of the Oklahoma Senator. Throughout his career, he The Oklahoma Independent Petro- Independent Petroleum Association pos- fought on behalf of the people, not the leum Association—OIPA—was founded sessed the leadership and vision to establish a unified voice for independent crude oil and politics. He truly embodied the ‘‘fight- by Roy Woods on January 13, 1955. Roy Woods and other founders possessed the natural gas producers; ing’’ spirit of the people of Wisconsin. Whereas the Oklahoma Independent Petro- As Governor, La Follette instituted leadership and vision to establish a leum Association is the largest oil and gas direct primary elections, allowing the unified voice for independent crude oil advocacy group in the State, representing people to choose their representatives, and natural gas producers. over 1,500 member companies in the crude oil rather than having the party leaders The founders were independent oil and natural gas exploration and production chose them. His reform efforts in the and natural gas producers, and its industry and affiliated businesses; State, and his excellent speaking style, membership still comprises independ- Whereas the mission of the Oklahoma placed him in the national spotlight. In ents, both large and small. Independent Petroleum Association is to en- OIPA is my State’s largest oil and hance and protect the ability of independent 1906, La Follette joined the U.S. Sen- oil and natural gas producers in Oklahoma ate, where he would remain until his gas advocacy group, representing over to conduct their business and to ensure en- death in 1925. 1,500 member companies in the crude ergy supply; It was as a U.S. Senator that La oil and natural gas exploration/produc- Whereas the Oklahoma Independent Petro- Follette truly launched a national pro- tion industry, as well as affiliated busi- leum Association is a rarity in State oil and

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6065 gas associations, with a full-time govern- The PRESIDING OFFICER. The bill utes, but I want to take the oppor- mental affairs specialist and a full-time reg- will be read for the second time on the tunity, before closing, to thank the ulatory affairs specialist working with agen- next legislative day. pages, who are sitting here before me, cies that regulate the oil and gas industry; f for all the tremendous work they do. It Whereas the Oklahoma Independent Petro- is very rare that we have the oppor- leum Association is a proactive and diverse ORDERS FOR MONDAY, JUNE 6, tunity to thank them publicly, and I organization striving to provide a broad 2005 range of services to its members and the in- want to take that opportunity right dustry it supports; Mr. FRIST. Mr. President, I ask now. Whereas the leaders of the Oklahoma Inde- unanimous consent that when the Sen- They are here from early in the pendent Petroleum Association have worked ate completes its business today, it morning, and they are here tonight at successfully on behalf of Oklahoma inde- stand in adjournment until 2 p.m. on 9 o’clock. It is a little bit after 9 right pendent producers on State and national Monday, June 6. I further ask that fol- now. I will slip out, and they will still issues, advocating for State and national lowing the morning prayer and pledge, be here cleaning up and getting things governmental policies that protect and en- the morning hour be deemed expired, in order. hance the ability of Oklahoma independent They do a tremendous job, the pages, producers to do business; and the Journal of proceedings be approved Whereas the Oklahoma Independent Petro- to date, the time for the two leaders be representing really most parts of the leum Association will continue to look to- reserved, and the Senate then return to country, and I want to say thank you ward the future by forging alliances within executive session to resume consider- on behalf of the Democratic leader, the the oil and gas industry and with other orga- ation of the nomination of Janice Rog- Republican leader, and both sides of nizations devoted to a more prosperous Okla- ers Brown to be United States Circuit the aisle. homa: Now, therefore, be it Judge for the DC Court of Appeals; I f Resolved, That the Senate— (1) recognizes the 50th anniversary of the further ask consent that the vote in- SPENDING TIME IN HOME STATES voking cloture on the Brown nomina- Oklahoma Independent Petroleum Associa- Mr. FRIST. We will be going on re- tion occur at 12 noon on Tuesday, June tion; cess here for about 8 days, a much- 7. (2) congratulates the Oklahoma Inde- needed recess for many people. A recess pendent Petroleum Association for its 50- The PRESIDING OFFICER. Without means we, for the most part, go back year history of contributions to the oil and objection, it is so ordered. gas industry of Oklahoma and the United to our home States and spend time f States; with people. So we all look forward to (3) recognizes that the Oklahoma Inde- PROGRAM that opportunity to get back and trav- pendent Petroleum Association has been and el around the country and get outside Mr. FRIST. Mr. President, on Mon- will continue to be an invaluable asset in de- of Washington, DC, and listen very di- day, June 6, the Senate will return veloping and promoting the oil and gas in- rectly to the American people. dustry in the United States; and from the Memorial Day recess and re- (4) directs the Secretary of the Senate to sume consideration of the nomination f transmit a copy of this resolution to the of Janice Rogers Brown for the DC Cir- ADJOURNMENT UNTIL MONDAY, Oklahoma Independent Petroleum Associa- cuit. There will be no rollcall votes on JUNE 6, 2005, AT 2 P.M. tion as an expression of appreciation and for June 6, but Senators are encouraged to Mr. FRIST. Mr. President, if there is public display at the 50th annual meeting of come to the floor that day to speak on the Oklahoma Independent Petroleum Asso- no further business to come before the ciation. the Brown nomination. Senate, I ask unanimous consent that As a reminder, cloture was just filed f the Senate stand in adjournment under on the Brown nomination and the nom- the provisions of H. Con. Res. 167. MEASURE PLACED ON THE ination of William Pryor to the Elev- There being no objection, the Senate, CALENDAR—S. 1127 enth Circuit. Thus, we will vote on the at 9:02 p.m., adjourned until Monday, Mr. FRIST. I understand there is a cloture motion with respect to the June 6, 2005, at 2 p.m. bill at the desk due for a second read- Brown nomination on Tuesday, June 7, f at noon. ing. NOMINATIONS The PRESIDING OFFICER. The Given the agreement reached this clerk will report the bill by title. week, I expect cloture to be invoked Executive nominations received by The legislative clerk read as follows: and hope that we can proceed to the the Senate May 26, 2005: DEPARTMENT OF DEFENSE A bill (S. 1127) to require the Secretary of confirmation vote on Judge Brown Defense to submit to Congress all docu- early Tuesday afternoon. I also would WILLIAM ANDERSON, OF CONNECTICUT, TO BE AN AS- like to remind my colleagues that we SISTANT SECRETARY OF THE AIR FORCE, VICE NELSON mentation related to the Secretary’s rec- F. GIBBS. ommendations for the 2005 round of defense have time agreements with respect to DEPARTMENT OF AGRICULTURE base closure and realignment. the nominations of Griffith, McKeague, RICHARD A. RAYMOND, OF NEBRASKA, TO BE UNDER Mr. FRIST. In order to place the bill and Griffin to the circuit courts, as SECRETARY OF AGRICULTURE FOR FOOD SAFETY, VICE on the calendar under the provisions of well. It is my intention to move to ELSA A. MURANO, RESIGNED. rule XIV, I object to further pro- these nominations at an early time, as DEPARTMENT OF THE TREASURY ceeding. well. RANDAL QUARLES, OF UTAH, TO BE AN UNDER SEC- Finally, since we were unable to fin- RETARY OF THE TREASURY, VICE BRIAN CARLTON The PRESIDING OFFICER. Objec- ROSEBORO. ish our work on the Bolton nomination tion is heard. The bill will be placed on DEPARTMENT OF COMMERCE the calendar. to be ambassador to the United Na- ISRAEL HERNANDEZ, OF TEXAS, TO BE ASSISTANT f tions, we will revisit this issue fol- SECRETARY OF COMMERCE AND DIRECTOR GENERAL OF lowing the break, as well. THE UNITED STATES AND FOREIGN COMMERCIAL SERV- MEASURE READ THE FIRST I suggest the absence of a quorum. ICE, VICE RHONDA KEENUM. DEPARTMENT OF THE TREASURY TIME—H.R. 810 The PRESIDING OFFICER. The PHILIP D. MORRISON, OF THE DISTRICT OF COLUMBIA, Mr. FRIST. Mr. President, I under- clerk will call the roll. TO BE AN ASSISTANT SECRETARY OF THE TREASURY, stand there is a bill at the desk. I ask The assistant legislative clerk pro- VICE PAMELA F. OLSON, RESIGNED. for its first reading. ceeded to call the roll. DEPARTMENT OF STATE The PRESIDING OFFICER. The Mr. FRIST. Mr. President, I ask RONALD E. NEUMANN, OF VIRGINIA, A CAREER MEM- clerk will please report. unanimous consent that the order for BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- The legislative clerk read as follows: the quorum call be rescinded. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES The PRESIDING OFFICER. Without OF AMERICA TO THE ISLAMIC REPUBLIC OF AFGHANI- A bill (H.R. 810) to amend the Public Serv- STAN. ice Act to provide for human embryonic objection, it is so ordered. GREGORY L. SCHULTE, OF VIRGINIA, TO BE REP- stem cell research. f RESENTATIVE OF THE UNITED STATES OF AMERICA TO Mr. FRIST. I now ask for its second THE VIENNA OFFICE OF THE UNITED NATIONS, WITH THE THANKING THE PAGES RANK OF AMBASSADOR. reading, and in order to place the bill INTERNATIONAL ATOMIC ENERGY AGENCY on the calendar under the provisions of Mr. FRIST. Mr. President, we are GREGORY L. SCHULTE, OF VIRGINIA, TO BE REP- rule XIV, I object to my own request. going to be out in just a couple min- RESENTATIVE OF THE UNITED STATES OF AMERICA TO

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 9801 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6066 CONGRESSIONAL RECORD — SENATE May 26, 2005

THE INTERNATIONAL ATOMIC ENERGY AGENCY, WITH JEFFREY L. * BARTLETT, 0000 DANIEL S. BRINGS, 0000 THE RANK OF AMBASSADOR. JAMES EARL * BASS, 0000 EARL J. *BRINSON, 0000 BRIAN R. BAUDE, 0000 JOEL L. *BRISKE, 0000 IN THE AIR FORCE MATTHEW R. * BAUGHER, 0000 JAMES T. *BROADDUS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL A. * BAYER, 0000 LARRY R. BROADWELL, JR., 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR KEVIN A. BAYLIS, 0000 DOUGLAS F. BROCK, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED BRADLEY A. * BEABOUT, 0000 BRIAN E. *BROEKEMEIER, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C SECTIONS 624 LAURA H. * BEALES, 0000 LAMETRA F. *BROOKS, 0000 AND 531: DANIEL J. * BEARD, 0000 MATTHEW R. BROOKS, 0000 VIDA V. * BEARD, 0000 DEBORAH L. *BROSTEK, 0000 To Be Major OMAR E. * BECERRIL, 0000 BARRY W. *BROWN, 0000 CHARLES E. * BECKER, 0000 CARLOS J. *BROWN, 0000 BRIAN F. * ABELL, 0000 TARA B. BEEDLE, 0000 DARRYL V. D. BROWN, JR., 0000 SEAN P. ABELL, 0000 KEVIN R. BEEKER, 0000 MICHAEL R. *BROWN, 0000 BRENT F. * ADAMS, 0000 MATTHEW R. * BEER, 0000 RENARDO M. BROWN, 0000 DEANA C. * ADAMS, 0000 JEFFREY A. BEERS, 0000 CRISTOFER V. *BROWNING, 0000 MATTHEW C. J. ADAMS, 0000 TIMOTHY E. BEERS, 0000 CURTUS L. *BROWNING, 0000 JODY A. * ADDISON, 0000 DANIEL J. BEGIN, 0000 JASON E. *BROWNING, 0000 BRIAN P. AFFLERBAUGH, 0000 LEE A. * BEIERMANN, 0000 MATTHEW A. BRUHN, 0000 EDWARD L. * AGUILAR, 0000 MICHAEL E. * BELKO, 0000 MELINDA W. *BRUNER, 0000 MATTHEW C. AHNER, 0000 BRIAN T. BELL, 0000 DONALD R. BRUNK, 0000 STEWART R. * AITKENCADE, 0000 GREGORY C. * BELL, 0000 BYRON T. BRUNSON, 0000 IVAN AKERMAN, 0000 JOHN J. BELL, 0000 SANORA F. *BRUNSON, 0000 GEOFFREY A. * AKERS, 0000 NICHOLAS A. * BELL, 0000 ROBERT H. BRYANT III, 0000 ARTURO * ALAIZA, JR., 0000 TIMOTHY D. * BELL, 0000 MARK R. *BRYKOWYTCH, 0000 PATRICK M. * ALBRITTON, 0000 JONATHAN B. BELLCASE, 0000 JOHN L. *BUCHANAN II, 0000 BRIAN C. * ALEXANDER, 0000 EUGENIO J. * BELTRAN, 0000 RONALD J. *BUCHSEN, JR., 0000 CHRISTOPHER M. * ALEXANDER, 0000 DIANE C. * BENAVIDEZ, 0000 JULIAN *BUCUR, 0000 JEFFREY D. ALEXANDER, 0000 JOHN D. * BENEDICT, 0000 MATTHEW J. *BUDDE, 0000 JOSEPH B. * ALFORD, 0000 MICHAEL L. BENNETT, 0000 FRANK J. *BUFFINGTON, 0000 ALBERT P. * ALLARD, 0000 KEVIN C. * BENTLEY, 0000 JONATHAN C. BUFFINGTON, 0000 GARY L. ALLEN, JR., 0000 GARY W. * BENTON, 0000 DAVID L. *BULLARD, 0000 JASON N. ALLEN, 0000 WILLIAM A. * BERCK, 0000 ARVIN J. *BULLOCK, 0000 JEFFREY T. ALLISON, 0000 CHRISTOPHER C. * BERG, 0000 TIMOTHY D. BUNNELL, 0000 MICHAEL P. ALLISON, 0000 TIMOTHY M. * BERGMAN, 0000 ANN MARIE *BUNTON, 0000 CLARK L. ALLRED, 0000 TAMARA L. * BERGTHOLDT, 0000 STEVEN L. *BURKE, 0000 KEVIN D. ALLRED, 0000 PETER E. * BERMES, 0000 MELINDA A. *BURKHART, 0000 DAVID P. * ALLSOP, 0000 SCOTT D. * BERNDT, 0000 LANCE C. *BURNETT, 0000 ALAN S. * ALSOP, 0000 WILLIAM L. * BERNHARD, 0000 CURTIS W. BURNEY, 0000 JUAN A. ALVAREZ, 0000 FREDERICK S. BERRIAN, 0000 HARRY M. *BURNS, 0000 JUSTIN C. * AMANN, 0000 RAYMOND J. * BESSON, 0000 STEVEN J. *BURNS, 0000 DAVID R. AMAYA, 0000 JAMES A. * BEYER, 0000 BRIAN E. BURR, 0000 MARY K. * AMBROSE, 0000 DANNY R. * BIAS, 0000 KELLY D. *BURT, 0000 DANIEL G. AMEGIN, 0000 TIMOTHY J. BICE, JR., 0000 JOHN S. *BURTOFT, 0000 CHRISTOPHER R. AMRHEIN, 0000 THOMAS * BICKERSTAFF, 0000 HENRI J. *BUSQUE, 0000 ANTHONY J. * ANDERSON, 0000 ERIK D. BIEBIGHAUSER, 0000 JASON M. BUSS, 0000 CYNTHIA G. * ANDERSON, 0000 JACQUELINE M. * BIEKER, 0000 WALTER A. *BUSTELO, 0000 DAVID R. * ANDERSON, 0000 SEKOU T. * BILLINGS, 0000 ROBERT V. *BUTKOVICH, 0000 JEREMY S. * ANDERSON, 0000 MATTHEW E. * BILTON, 0000 MATTHEW J. *BUTLER, 0000 KRISHAAN G. * ANDERSON, 0000 PAUL R. BIRCH, 0000 STEVEN M. *BUTLER, 0000 PONG K. * ANDERSON, 0000 ROBERT L. * BIRCHUM, 0000 TODD C. *BUTLER, 0000 SCOTT W. * ANDERSON, 0000 GORDON N. * BIRDSALL, 0000 DAVID L. *BUTTERFIELD, JR., 0000 SHERRI M. * ANDERSON, 0000 MICHAEL B. BIRDWELL, 0000 CHRISTOPHER D. *BUZO, 0000 STEVEN C. ANDERSON, 0000 ROGER C. * BISHOP, JR., 0000 ADRIAN R. *BYERS, 0000 TANYA J. * ANDERSON, 0000 JOHN C. * BISSELL, 0000 HOWARD E. *BYRD, JR., 0000 JAMES M. * ANDES, 0000 JOEL R. * BIUS, 0000 EDWARD P. *BYRNE, 0000 JOHN G. * ANDRADE, 0000 JENNIFER L. BIVENS, 0000 JENNIFER A. CABALLERO, 0000 SHAWN E. ANGER, 0000 KIM D. * BLACK, 0000 MICHAEL R. CABRAL, 0000 RICHARD D. * ANTON, 0000 RICHARD M. * BLACK, 0000 GABRIEL *CABRERA, 0000 NICHOLAS G. ANTONOPULOS, 0000 MARK J. * BLACKMAN, JR., 0000 BRYAN J. CAHILL, 0000 JOSEPH M. * APPEL, 0000 ALLEN P. * BLANCHFIELD, 0000 REGINA LOUISE *CAIN, 0000 RICHARD L. * APPLE, 0000 JOSEPH O. * BLAND, 0000 MAURIZIO D. CALABRESE, 0000 MORSHE D. * ARAUJO, 0000 KEITH H. * BLAND, 0000 BRADY D. *CALDWELL, 0000 CLAUDE M. * ARCHAMBAULT, 0000 WILLIAM B. * BLAUSER, 0000 MATTHEW D. CALHOUN, 0000 ALEXANDER M. ARCHIBALD III, 0000 LIZA O. *BLECHER, 0000 CHRISTOPHER J. *CALLIS, 0000 EARL ARDALES, 0000 JOHN J. *BLEIL, 0000 MICHAEL A. CALVARESI, 0000 GARTH J. * AREVALO, 0000 DAVID A. *BLITCH, 0000 BRIAN C. *CAMPBELL, 0000 BRADLEY J. * ARMSTRONG, 0000 DEREK S. BLOUGH, 0000 JACOB T. CAMPBELL, 0000 CHARLES C. * ARMSTRONG, 0000 MARK A. *BLUMKE, 0000 KATHLEEN M. CAMPBELL, 0000 MICHAEL C. * ARNDT, 0000 JAMES W. BODNAR, 0000 SHAWN W. *CAMPBELL, 0000 MATTHEW B. * ARNOLD, 0000 THOMAS T. *BODNAR, 0000 THOMAS W. *CAMPBELL, 0000 JUAN C. * ARROYOGARCIA, 0000 KYLE J. BOECKMAN, 0000 JEFFREY A. CANNON, 0000 MICHAEL J. ARTELLI, 0000 ELIZABETH C. BOEHM, 0000 NORMAN J. CANNON, 0000 PAUL B. * ASHLEY, 0000 JOHN M. BOEHM, 0000 RALPH T. CANNON, 0000 MICHAEL * ASTAHOFF, 0000 STEVEN G. *BOGSTIE, 0000 EDWARD K. *CANTRELL, 0000 FREDERICK H. * ATWATER III, 0000 KENNETH R. BOILLOT, 0000 ANTHONY J. CAPARELLA, 0000 ROBERT J. * AUGUGLIARO, 0000 CLINTON L. *BOIT, 0000 JOSEPH M. CAPASSO, 0000 WILLIAM L. * AUSTIN, 0000 PATRICK B. BOLAND, 0000 SHAY R. CAPEHART, 0000 ELIZABETH A. * AUTREY, 0000 RHETT CAMERON *BOLDENOW, 0000 JOHN T. *CARANTA III, 0000 JON C. * AUTREY, 0000 TIMOTHY J. *BOLEN, 0000 STAN E. *CARDER, 0000 NELSON * AVILA, JR., 0000 SEAN P. BOLES, 0000 KRISTA K. *CARLOS, 0000 JASON B. AVRAM, 0000 ELIZABETH A. *BOLL, 0000 PAUL K. CARLTON III, 0000 MATTHEW L. AYRES, 0000 SCOTT B. *BONZER, 0000 KENNIS D. *CARMICHAEL, 0000 ANTHONY D. BABCOCK, 0000 RONALD K. *BOOKER, 0000 STEPHEN V. *CAROCCI, 0000 LISLE H. BABCOCK, 0000 BRENT W. BORCHERS, 0000 CAMERON W. CAROOM, 0000 STEVEN N. * BABCOCK, 0000 RALPH E. *BORDNER III, 0000 CLINTON D. *CARPENTER, 0000 SVEN A. * BACKLUND, 0000 DAVID M. *BORGESON, 0000 SEAN M. *CARPENTER, 0000 CHRISTOPHER A. BACON, 0000 ARTHUR W. *BOTTIGLIERI, 0000 STEPHEN M. CARR, 0000 JENNIFER N. * BACON, 0000 RICHARD L. *BOURQUIN, 0000 ALLAN A. *CARREIRO, 0000 DANTE C. BADIA, 0000 JASON E. *BOUSQUET, 0000 CARLOS *CARRILLO, 0000 WILLIAM F. * BAGBY, 0000 BERNADETTE P. *BOWMAN, 0000 JENISE M. *CARROLL, 0000 BRAD C. * BAILEY, 0000 STEVEN K. *BOWMAN, 0000 JUSTIN M. *CARROLL, 0000 KAREN * BAILEY, 0000 DENISE N. *BOYD, 0000 RAFAEL D. *CARROLL, 0000 JASON E. * BAKER, 0000 IAN T. *BOYD, 0000 SCOTT G. *CARROLL, 0000 PAUL D. BAKER, 0000 MARTIN F. *BRABHAM, 0000 CHRISTOPHER C. *CARTER, 0000 TRACY T. * BAKER, 0000 MICHAEL K. *BRADFIELD, 0000 IVORY D. *CARTER, 0000 BRIAN K. BAKSHAS, 0000 SEAN A. BRADLEY, 0000 WILLIAM J. *CARTER, 0000 DARRYL D. * BALDEOSINGH, 0000 WILLIAM S. *BRADLEY, 0000 JONATHAN D. CARY, 0000 ARNOLD C. * BALDOZA, 0000 JOHN *BRADY, 0000 MICHAEL B. CASEY, 0000 HEATHER M. * BALDWIN, 0000 KATHY K. *BRADY, 0000 CLINTON L. *CASH, 0000 JERRY B. * BANCROFT, JR., 0000 WARREN B. *BRAINARD, 0000 JOSEPH J. *CASSIDY II, 0000 GREGORY D. * BANFIELD, 0000 EDWARD P. *BRANSON, 0000 DAVID M. *CASSTEVENS, 0000 MICHAEL S. * BANZET, 0000 JAMES P. BRASSELL, 0000 ANNE M. *CATINO, 0000 JOHN E. * BAQUET, 0000 CECILIA S. BRAWNER, 0000 DEIRDRE C. CATLIN, 0000 CHRISTOPHER T. BARBER, 0000 DOUGLAS T. *BRAY, 0000 GREGORY A. *CAUDLE, 0000 JOSE B. * BARENG, 0000 JED T. *BREDEMUS, 0000 PAUL S. *CAZIER, 0000 JAMES C. * BARGER, 0000 CHARLES R. *BREDFIELD, 0000 ROBERT A. *CERA, 0000 WILLIE R. * BARKER, 0000 THOMAS M. BREEN, 0000 MARSHA W. *CERVANTEZ, 0000 EUGENE * BARLOW, JR., 0000 RAYMOND J. *BRENNAN, 0000 MICHAEL A. CERVANTEZ, 0000 DANIELLE L. * BARNES, 0000 TYR RICHARD *BRENNER, 0000 WILL C. CHAFFEE IV, 0000 GREGORY D. * BARNETT, 0000 CHRISTOPHER A. BRIDGES, 0000 MARK D. CHAGARIS, 0000 RYAN R. BARNEY, 0000 KENNETH K. *BRIDGES, 0000 JAMES D. *CHALIFOUX, 0000 ANTHONY R. BARRETT, 0000 ROBERT T. *BRIDGES, 0000 ROBERT W. *CHAMBERS, 0000 BARRINGTON M. * BARRETT, 0000 SIDNEY J. *BRIDGES, 0000 ROBERT E. *CHAMPION, 0000 ROBERT M. * BARRY, JR., 0000 SCOTT E. BRIESE, 0000 JASON S. *CHANDLER, 0000 CLAYTON B. BARTELS, 0000 MICHAEL J. *BRIGGS, 0000 JOHN C. *CHAPMAN, 0000 BRENDAN C. * BARTLETT, 0000 RONALD S. *BRIGHT, 0000 JOSEPH *CHARGUALAF, 0000

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KELLEY A. CHASE, 0000 JAYSON A. * CURRIER, 0000 MARTY W. * EASTER, 0000 RONALD J. CHASTAIN, 0000 MACK W. * CURRY II, 0000 DOUGLAS D. EATON, 0000 MICHAEL R. *CHATAGNIER, 0000 TYREL J. * CURRY, 0000 BRYAN T. * EBERHARDT, 0000 EDWARD P. *CHATTERS IV, 0000 MELANIE K. * CURTIS, 0000 BRIAN A. * EBERLING, 0000 KEITH N. *CHAURET, 0000 LIBORIO L. * CURTO, 0000 KENNETH R. * EBI, 0000 MICHAEL G. *CHAVIS, 0000 KENNETH T. CUSHING, 0000 DANIEL J. * EBRECHT, 0000 RONALD E. CHEATHAM, 0000 WILLIAM R. * CUSICK, 0000 KRISTOPHER J. ECKER, 0000 RAYMOND A. CHEHY, JR., 0000 VINCENT E. CYRAN, 0000 JAMES G. * EDDLEMAN, JR., 0000 DEAN T. *CHERER, 0000 MARTIN T. DAACK, JR., 0000 JARRETT E. * EDGE, 0000 JON E. *CHESSER II, 0000 SARAH D. * DAHL, 0000 DARREN M. * EDMONDS, 0000 TROY W. *CHEVALIER, 0000 VON A. * DAILEY, 0000 ADAM L. EDWARDS, 0000 NATHAN A. CHINE, 0000 STEPHEN G. DAMICO, 0000 ANTHONY J. * EDWARDS, 0000 WAYNE M. CHITMON, 0000 PASCAL * DANET, 0000 DAVID W. EDWARDS, 0000 JOHN S. *CHOBERKA, JR., 0000 PATRICK E. * DANIEL, 0000 MICHAEL C. * EDWARDS, 0000 MICHAEL L. *CHONG, 0000 CALVIN E. DANIELS, JR., 0000 ROBERT V. * EDWARDS, 0000 JOHN A. CHRIST, 0000 HUMPHREY * DANIELS III, 0000 TRAVIS L. EDWARDS, 0000 JENNY M. *CHRISTIAN, 0000 KIMBERLY A. * DANIELS, 0000 JON E. * EGENBERGER, 0000 BRADLEY D. *CHRISTIANSEN, 0000 TIMOTHY B. * DANN, 0000 CLINTON W. * EICHELBERGER, 0000 REGGIE A. *CHRISTIANSON, 0000 MICHAEL W. * DARWIN, 0000 CAREY N. * EICHHORST, 0000 WILLIAM V. *CHUDKO, 0000 RENEE D. * DAUGHTRY, 0000 GARY J. EILERS, 0000 LORNE E. *CHUI, 0000 JOHN C. DAVIDSON, 0000 SCOTT DJ *EISINGER, 0000 WILLIAM R. *CHURCH, 0000 JEFFREY W. DAVIES, 0000 KERRE E. ELLIS, 0000 LISA A. *CICCARELLI, 0000 BRIAN S. * DAVIS, 0000 MICHAEL K. EMBREE, 0000 DAVID J. CIESIELSKI, 0000 PAUL E. * DAVIS, JR., 0000 EDUARDO E. *EMMANUELLI, 0000 MICHAEL T. CLANCY, 0000 ROBERT D. DAVIS, 0000 MATTHEW K. *ENCE, 0000 AARON W. *CLARK, 0000 RONDELL C. * DAVIS, 0000 ROARK D. *ENDLICH, 0000 ANDREW M. *CLARK, 0000 RUSSELL O. DAVIS, 0000 JASON D. *ENGLE, 0000 CHRISTOPHER F. *CLARK, 0000 SCOTT F. * DAVIS, 0000 HARRY A. *EPPERSON III, 0000 CHRISTOPHER R. CLARK, 0000 THOMAS P. DAVIS, 0000 OLIVER D. ERICKSON, 0000 KEVIN S. *CLARK, 0000 JENNA M. * DAVISRICHARDSON, 0000 MARIO J. ESCALANTE, 0000 LYNELLE A. *CLARK, 0000 NATHAN R. DAWN, 0000 LORNE E. *ESHELMAN, 0000 TABETHA J. *CLARK, 0000 RICHARD E. * DAY, 0000 MATTHEW J. ESKER, 0000 TAD D. CLARK, 0000 CHAD S. * DEAL, 0000 THOMAS P. *ESSER, 0000 WILL CLARK, 0000 ALAN R. * DEAN, 0000 RAYMUNDO *ESTRADA, JR., 0000 WILLIAM M. *CLARKE, 0000 SARA B. * DEAVER, 0000 ALDWIN V. *ESTRELLADO, 0000 ELIZABETH A. CLAY, 0000 CRAIG * DEBONI, 0000 MATTHEW C. ESTREM, 0000 SPENCER E. *CLEAVELAND, 0000 MICHAEL D. DEE, 0000 DAVID A. *EVANS, 0000 PAUL P. *CLEMANS, 0000 EDUARDO * DEFENDINI, 0000 SAMUEL E. *EVANS III, 0000 DOMINIC P. CLEMENTZ, 0000 MARK W. DEGIRONIMO, 0000 TIMOTHY J. EVERETT, 0000 NATHAN D. *CLEMMER, 0000 ROBERT M. * DEGREGORIO, 0000 JAMES S. *EVRIDGE, 0000 LEVITICOUS C. *CLEVELAND, 0000 ROBERT A. * DEKA, 0000 WILSHELIA S. *EZELL, 0000 SARAH U. *CLEVELAND, 0000 JASON R. * DELAMATER, 0000 ERIC S. *FAJARDO, 0000 SCOTT A. * CLYMAN, 0000 DIANA N. * DELATORRE, 0000 FRED A. *FALGIANO, 0000 THOMAS F. * COAKLEY, 0000 ROBIN L. * DELAVEGA, 0000 ROBERT L. *FARKAS, 0000 TOM G. * COATE, 0000 PHILIP B. * DELVECCHIO, 0000 DAVID E. *FARLEY, 0000 GREGORY M. * COATES, 0000 ERIC R. DELWICHE, 0000 BRIAN J. *FARMER, 0000 BRUCE C. * COFFE, 0000 HOED AART W. * DEN III, 0000 JARED A. FARR, 0000 MARK D. * COGGINS, 0000 NATHAN R. * DENNES, 0000 PATRICK J. FARRELL, 0000 CAROLYN C. COLEMAN, 0000 NADINE A. * DENNIS, 0000 ADAM MICHAEL *FAULKNER, 0000 LADONNA WYATT * COLEMAN, 0000 JASON A. * DENSLEY, 0000 CHRISTIAN D. *FAUST, 0000 LAMONT A. * COLEMAN, 0000 THOMAS A. DENT, 0000 ERIC D. *FEIL, 0000 LESTER G. * COLES, JR., 0000 KEITH A. DERBENWICK, 0000 CRISTINA CAMERON *FEKKES, 0000 CHARLES W. COLLIER, 0000 DANIEL W. * DETZI, 0000 MICHAEL J. FELLONA, 0000 JOANNA L. * COLLINS, 0000 JOHAN A. DEUTSCHER, 0000 AMANDA M. FELLOWS, 0000 PERSIVIA * COLLINS II, 0000 ROBERT J. * DEVENS, 0000 RANDALL E. *FELTNER, 0000 STERLING V. * COLLINS, 0000 NICHOLAS S. * DEVEREAUX, 0000 KEVIN A. *FERCHAK, 0000 BRIAN A. * COLLORD, 0000 JEFFERSON D. * DEVINE, JR., 0000 TIMOTHY W. FERENSCHAK, 0000 MICHAEL J. * COLVARD, 0000 RONNIE V. * DEVLIN, 0000 DAVID A. FERGUSON, 0000 THEODORE E. CONKLIN, JR., 0000 SCOT A. * DEWERTH, 0000 JAMES J. *FERN, 0000 JAMES A. CONLEY, 0000 ERIN * DICK, 0000 MANUEL *FERNANDEZ, 0000 MICHAEL E. CONLEY, 0000 MICHAEL J. * DIDIO, 0000 DIANNE E. *FERRARINI, 0000 NATHAN G. * CONNELL, 0000 JEFFREY M. DILL, 0000 MICHAEL A. *FERRARIO, 0000 DANIEL A. * CONNELLY, 0000 LAURA KELLY * DINUZZO, 0000 DAVID L. FERRIS, 0000 RYAN C. * CONNER, 0000 DOUGLAS J. 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BRIAN W. *GARINO, 0000 JENNIFER HAMMERSTEDT, 0000 RONALD A. * HOPKINS, 0000 STEPHEN D. *GARMON, 0000 JAMES K. * HAMMOND, 0000 LANCE A. * HOPPER, 0000 ELLIS E. GARNER, 0000 JAMES R. * HANAMEAN, JR., 0000 RORY T. * HORAN, 0000 TIMOTHY T. *GARRETSON, 0000 WILLIAM J. * HANBY, JR., 0000 CHRISTOPHER D. * HORNBURG, 0000 SOLOMON M. GARRETT IV, 0000 JOHN S. * HANCOCK, 0000 ALLEN J. HORSENS, 0000 JOHN A. *GARZA, 0000 JUSTIN A. HANSEN, 0000 MICHAEL L. * HORSEY, 0000 JAMES P. GATCH, 0000 HUGH S. * HANSENS, 0000 ROBERT A. * HORTON, 0000 TOMMY M. GATES III, 0000 JEREMY R. * HANSON, 0000 JASON D. HOSKINS, 0000 EMIL D. *GAWARAN, 0000 JOHN D. * HARBOUR, 0000 CATHERINE J. * HOWARD, 0000 FREDERICK K. *GEARHART, 0000 JAMES E. * HARBUCK, 0000 FRANCIS F. HOWARD, JR., 0000 THEODORE W. GEASLEY, 0000 JOHN M. HARDEE, 0000 JOSEPH M. HOWARD, 0000 PHILIP M. *GEELHOOD, 0000 EDWARD J. HARDER, 0000 MARK T. * HOWARD, 0000 DAVID L. *GEHRICH, 0000 NICHOLAS S. * HARDMAN, 0000 SCOTT J. HOWE, 0000 MARK W. GEHRINGER, 0000 JEFFREY C. * HARDY, 0000 TRICIA S. * HOWE, 0000 MATTHEW J. *GEHRKE, 0000 AGGA L. HAREN, 0000 JOHN P. * HOWELL, 0000 ALLEN J. *GEISLER, 0000 STEVEN L. * HAREN, 0000 ERIC J. * HOWLAND, 0000 ALLEN A. *GEIST, 0000 GRANT M. * HARGROVE, 0000 ERIC D. * HRESKO, 0000 TRAVIS N. *GEORGE, 0000 JAMES B. * HARLOW, 0000 MERNA H. H. HSU, 0000 CHRISTOPHER J. GERMANN, 0000 PAUL K. HARMER, 0000 VICTOR P. * HUBENKO, JR., 0000 JOHN M. GERST, 0000 DUANE F. * HARMON, 0000 DAVID A. * HUBER, 0000 OMMID J. *GHAEMMAGHAMI, 0000 GREGORY S. * HARMON, 0000 JAMES J. * HUBERT, 0000 DANIEL R. *GIACOMAZZA, 0000 JEREMY T. * HARMON, 0000 ODARO J. * HUCKSTEP, 0000 KEITH E. *GIBELING, 0000 MATTHEW T. * HARNLY, 0000 LERON D. HUDGINS, 0000 JAY S. GIBSON, 0000 THOMAS G. * HARRELL, 0000 GERALD J. * HUERTA, 0000 LORI N. *GIBSON, 0000 COREY W. HARRIS, 0000 BRYAN R. HUFFMAN, 0000 MATTHEW P. GIESE, 0000 JAMES D. HARRIS, JR., 0000 JAMES P. 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GUENTHER, 0000 TAMMY S. * HINSKTON, 0000 GARETH E. * JOHNSON, 0000 CAMILO GUERRERO, 0000 ADISA A. * HINTON, 0000 GEORGE W. * JOHNSON, JR., 0000 JULIO *GUERRERO, 0000 BRIAN E. * HIPPEL, 0000 GREGORY A. JOHNSON, 0000 EMMANUEL V. *GUEVARRA, 0000 MARK A. * HIRSELJ, 0000 JEFFREY J. * JOHNSON, 0000 RYAN J. *GULDEN, 0000 RYEN S. * HITZLER, 0000 KENNETH C. * JOHNSON, 0000 GARRETT L. GULISH, 0000 KEVIN R. * HOBBS, 0000 KILE W. *JOHNSON, 0000 KEITH D. GURNICK, 0000 ANDREW R. HODGES, 0000 LAURA E. *JOHNSON, 0000 JOEL D. *GUSSY, 0000 WALTER R. HODGES, 0000 MARK D. *JOHNSON, 0000 YASHUA WILLIAM *GUSTAFSON, 0000 HARLAN K. * HODGSON, 0000 MELISSA A. *JOHNSON, 0000 JOSE A. *GUTIERREZ, 0000 DARIN L. HOENLE, 0000 PHILLIP K. JOHNSON, 0000 BRIAN C. GWINNUP, 0000 ROBERT J. HOERITZ, JR., 0000 CAREY J. *JONES, 0000 DAVID A. *GWISDALLA, 0000 ERIK K. HOFFMAN, 0000 JAMES A. JONES, 0000 PHILIP LUTHER *HAAR, 0000 LISA L. * HOFFMAN, 0000 JOSEPH R. *JONES, 0000 ALEXANDER J. HADDAD, 0000 SCOTT R. * HOFFMAN, 0000 KEITH W. JONES, 0000 ADRIAN C. *HAGEMAN, 0000 GREGORY G. * HOFFMANN, 0000 STEPHEN R. JONES, 0000 SEAN W. *HAGLUND, 0000 RONALD P. * HOFFMEYER, 0000 TERRENCE M. JOYCE, 0000 ALLISON M. HAHN, 0000 JEFFREY A. HOGAN, 0000 JASON M. JULIANA, 0000 BRIAN S. *HAINES, 0000 CHRISTOPHER M. * HOGUE, 0000 ERIC L. JURGENSEN, 0000 DAX R. *HAIR, 0000 DAWN Q. HOKAJ, 0000 ANDREA M. *JUSTICE, 0000 MARKUS P. *HALBRITTER, 0000 MARIA C. HOLBROOK, 0000 REGINALD W. *KABBAN, 0000 DEDE S. *HALFHILL, 0000 CHRISTOPHER L. * HOLLINGER, 0000 SCOTT L. *KADAR, 0000 CLARK D. *HALL, 0000 DAVID N. HOLLOMAN, 0000 BLAIR I. KAISER, 0000 DAVID S. *HALL, 0000 MICHAEL W. * HOLMES, 0000 CHRISTOPHER P. *KAISER, 0000 JAMES B. HALL, 0000 TONY D. * HOLMES, 0000 JAMES E. KAJDASZ, 0000 JAMES C. HALL, 0000 JOHN D. * HOLST, 0000 JON J. KALBERER, 0000 RYAN C. HALL, 0000 THOMAS J. * HOLTS, 0000 JONATHAN E. *KARNES, 0000 SARAH L. *HALL, 0000 GARY T. * HONSINGER, 0000 JASON B. *KARREN, 0000 HUGH G. * HAMILTON III, 0000 BRYAN K. * HOOPER, 0000 LAWRENCE C. *KARVER, JR., 0000 JOHNNY L. * HAMILTON, 0000 JOSEPH E. HOPKINS, 0000 CHAD C. KASCHAK, 0000

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DEREK J. KECK, 0000 TIMOTHY R. *LAWRENCE, 0000 EDWARD W. MARSH, 0000 MICHAEL A. *KEEFE, 0000 ANTHONY W. *LEARNED, 0000 LETITIA A. C. * MARSH, 0000 DON C. *KEEN, 0000 DAVID A. LEE, 0000 RICHARD A. MARSH, 0000 KEVIN A. KEENE, 0000 GAIL MARIE *LEE, 0000 EDWARD E. * MARSHALL, 0000 ERIKA D. *KELLEY, 0000 MUN K. *LEE, 0000 JAMES E. * MARSHALL, 0000 MARY F. *KELLYHORNING, 0000 WILLIAM M. LEE, JR., 0000 JOHN A. * MARTIN, 0000 JOHN P. *KELLY, 0000 WINSTON S. W. *LEE, 0000 MARGARET C. MARTIN, 0000 ROBERT H. KELLY, 0000 ROBERT S. *LEEDS, JR., 0000 MARK L. * MARTIN, 0000 CHARLES O. *KELM, 0000 CHRISTINE FALAVOL *LEGAWIEC, 0000 SEAN P. MARTIN, 0000 BURL E. *KELTON III, 0000 PHILLIP A. *LEGG, 0000 MARTIN A. MARTINEZ III, 0000 FRANK J. *KENNEDY, 0000 BRIAN A. *LEIBUNDGUTH, 0000 MICHAEL A. MARTINEZ, 0000 WILLIAM T. *KENNEDY, 0000 TRAVIS K. LEIGHTON, 0000 SARAH E. MARTINEZ, 0000 JOHN A. KENT IV, 0000 PATRICK E. *LEMIEUX, 0000 JOSEPH A. * MARTUCCI, 0000 KRISTEN L. KENT, 0000 JUSTIN A. *LEMIRE, 0000 GREGORY A. * MARTY, 0000 SEAN C. G. *KERN, 0000 MATTHEW J. LENGEL, 0000 JACQUELINE S. * MARTYNDOW, 0000 JEFFREY W. *KERNEKLIAN, 0000 MICHAEL A. LENHART, 0000 MARK A. * MARUS, 0000 DENISE A. *KERR, 0000 DAVID M. LERCHER, 0000 JOSHUA O. MASKOVICH, 0000 JOHN R. *KERR, 0000 JONATHAN B. *LESLIE, 0000 JESSICA A. * MASSEY, 0000 G. SUNDRI K. *KHALSA, 0000 GREGORY M. LETENDRE, 0000 LEE A. * MASZTAK, 0000 MUHAMMAD S. *KHAN, 0000 STEVE J. *LEVE, 0000 RAY P. * MATHERNE, 0000 SHAYNE K. KIEFER, 0000 CICELY R. LEVINGSTON, 0000 STEPHEN B. MATTHEWS, 0000 STEPHEN R. *KIFER, 0000 BRIAN C. *LEWIS, 0000 RYAN P. MATTSON, 0000 DWAYNE R. *KILLEBREW, 0000 NIKO S. LEWIS, 0000 ROBERT E. * MAXWELL, JR., 0000 EDWIN J. *KILPATRICK, 0000 AMAR Q. 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GARY A. * MILLER, 0000 LESTER N. *OBERG III, 0000 RYAN D. PORTERFIELD, 0000 KEVIN D. * MILLER, 0000 KIMBERLY A. OBERST, 0000 WILLIAM S. POTEET, 0000 MARK W. * MILLER, 0000 PATRICK H. *OBRIEN, 0000 GREGORY T. POUND, 0000 PATRICK M. * MILLER, 0000 THOMAS A. OBROCHTA, 0000 MICHAEL P. *PREMO, 0000 PAUL M. * MILLER, 0000 PATRICK J. OBRUBA, 0000 MICHAEL D. *PRESNAR, 0000 STEPHEN C. MILLER, 0000 NICHOLAS J. *ODELL, JR., 0000 GINA L. *PREVETT, 0000 ANTHONY J. MIMS, 0000 JEFFERSON JAMES *ODONNELL, 0000 STEVEN C. *PRIEST, 0000 ROBERT E. * MIMS, 0000 RYAN J. *OGAN, 0000 MARCUS C. PRINCE, 0000 GLEN A. * MINGEE, 0000 SCOTT A. OGLEDZINSKI, 0000 ANTHONY J. PRINCIPI, 0000 REGINALD D. MINTON, 0000 THEODORE G. *OGLESBEE, 0000 PHILIP D. *PRINCIPI, 0000 SCOTT A. * MINTON, 0000 GREGORY T. *OGOREK, 0000 CAMERON S. PRINGLE, 0000 JEANNETTE E. * MISMAS, 0000 JEFFREY A. OGRADY, 0000 ELBERT R. *PRINGLE II, 0000 CHRISTOPHER L. MITCHELL, 0000 DANIEL JL *OLMSTEAD, 0000 MICHAEL J. *PRODELINE, 0000 ERIC A. MITCHELL, 0000 PETER F. *OLSEN, 0000 MARK P. PRODEN, 0000 ROBERT K. * MITCHELL, 0000 ROBERT N. OLSON, 0000 CHRISTOPHER T. *PROTT, 0000 MARK W. MITCHUM, 0000 SHERWOOD L. *OLSON, 0000 SCOTT C. *PUKAY, 0000 JOHN S. MIZELL, 0000 DEREK J. OMALLEY, 0000 CRAIG A. PUNCHES, 0000 MATTHEW R. * MODARELLI, 0000 CHRISTOPHER N. *OMDAL, 0000 DONALD D. *PURDY, 0000 PATRICK B. * MONAHAN, 0000 JEFFRY S. *ONAN, 0000 MATTHEW D. *PURSIFULL, 0000 ERIC T. * MONICO, 0000 DAVID R. *ONEIL, 0000 ERIN P. PYLE, 0000 BRIAN R. * MONTGOMERY, 0000 TRACY L. *ONUFER, 0000 ADAM M. *QUALE, 0000 RUBEN A. * MONTOYA, 0000 ARVID E. *OPRY, 0000 JEREMY D. QUATACKER, 0000 ERIC R. * MOOMEY, 0000 JOHN T. ORCHARD, JR., 0000 JASON M. *QUIGLEY, 0000 ARGIE S. * MOORE, 0000 TRACY L. *ORFIELD, 0000 MARCIA L. *QUIGLEY, 0000 BRANDON M. * MOORE, 0000 KENYON S. *ORME, 0000 PAUL R. *QUIGLEY, 0000 BRIAN R. MOORE, 0000 ROBIN E. 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STEVEN M. ROSS, 0000 JAMES A. SIMONDS, 0000 BRETT J. * SWEETMAN, 0000 JACOB J. A. ROSSER, 0000 ROBERT M. SIMPSON, 0000 DAVID C. * SWENSON, 0000 MARLYCE K. *ROTH, 0000 CHRISTOPHER J. SIMS, 0000 BRIAN M. SWYT, 0000 SCOTT A. ROTHERMEL, 0000 CLARENCE G. *SINGLETON, JR., 0000 HAZEL C. * SYNCO, 0000 BARNABUS M. *ROUNDTREE, 0000 MICHAEL A. SINKS, 0000 JOSEPH B. SZUCS, 0000 BRYAN J. *ROUNDTREE, 0000 ADAM R. SITLER, 0000 PETER A. * TACY III, 0000 ANDY H. ROWE, 0000 BRIAN C. * SITLER, 0000 ERIC J. * TALCOTT, 0000 MATTHEW C. *ROWLAND, 0000 VINCENT RICHARD * SIWICKI, 0000 RANDLE W. TANKERSLEY, 0000 JAMES W. ROY III, 0000 WILLIAM T. SKEETERS, 0000 CHARLES S. TAPP II, 0000 GIULIANO J. *RUBINI, 0000 DALE B. * SKINNER, 0000 RICHARD W. * TARBOX, 0000 JASON B. RUDD, 0000 ROXANNE R. SKINNER, 0000 DANIEL T. * TARLETON, 0000 WENDY B. *RUFFNER, 0000 MARK W. SLATON, 0000 CHRISTOPHER S. * TARRANT, 0000 RICHARD D. *RUIZ, 0000 DANNY A. * SLIFER, 0000 ROY F. * TARTARO, 0000 TODD D. *RUPRIGHT, 0000 JEREMY C. * SLOGER, 0000 TREVOR S. * TASIN, 0000 RADOSLAW RUSEK, 0000 SABINE * SLOVER, 0000 RASHONE J. * TATE, 0000 MEG E. *RUSSELL, 0000 DAVID P. * SLYE, 0000 DAVID T. * TATRO, 0000 ROBERT B. RUSSELL, 0000 JOHN P. SMAIL, 0000 AARON T. TAYLOR, 0000 RODNEY M. RUSSELL II, 0000 CRAIG M. * SMALLS, 0000 ANGELA G. * TAYLOR, 0000 MICHAEL W. *RYAN, 0000 MICHAEL S. * SMID, 0000 CHARLES M. * TAYLOR, 0000 RICHARD L. *RYNEARSON, 0000 BRYAN J. * SMITH, 0000 DAMON D. * TAYLOR, 0000 SHANE C. *SAARI, 0000 DAN W. * SMITH, 0000 DONYE J. TAYLOR, 0000 F. TERRANCE SAFFORLD, 0000 DOUGLAS C. * SMITH, 0000 JONATHAN B. TAYLOR, 0000 JOEL W. SAFRANEK, 0000 GORDON B. SMITH, 0000 KATRINA A. TAYLOR, 0000 BRIAN DARNELL *SALLEY, 0000 JESSE C. SMITH, 0000 NEIL P. * TAYLOR, 0000 JUSTIN P. *SALTER, 0000 JIMMY L. * SMITH, 0000 RALPH E. * TAYLOR, JR., 0000 ASSAD *SAMAD, 0000 LAVINIA * SMITH, 0000 JAMES L. * TECHAM, 0000 CHARLES S. SAMMONS, 0000 MICHAEL Z. * SMITH, JR., 0000 JASON A. TELLEZ, 0000 BURNETT JOHN G. SAMUEL, 0000 RANDY M. * SMITH II, 0000 KRISTEN A. * TEMPLET, 0000 JUAN S. SANCHEZ, 0000 SAMUEL D. * SMITH, 0000 MONA A. TENORIO, 0000 RODERICK I. *SANTULAN, 0000 SAMUEL J. * SMITH, 0000 JASON B. TERRY, 0000 FREDERICK M. *SAPP, 0000 SCOTT W. SMITH, 0000 CHAD R. * TESKE, 0000 JOHN C. SAPP, 0000 STEVEN M. * SMITH, 0000 CARL P. * TESTA, 0000 GINO *SARCOMO, 0000 SUSANA C. * SMITH, 0000 BRIAN C. * THILL, 0000 ANTHONY J. *SARICA, 0000 TAMARA A. SMITH, 0000 BRIAN G. THOMAS, 0000 JON M. *SAUL, 0000 KEVIN M. * SMOOT, 0000 DAVID L. * THOMAS, 0000 BRIAN D. *SAVAGE, JR., 0000 CHRISTOPHER S. * SNODGRASS, 0000 DEREK E. THOMAS, 0000 ERIC D. *SAWALL, 0000 JOSHUA D. * SNODGRASS, 0000 DON R. * THOMAS, 0000 IQBAL A. *SAYEED, 0000 CHRIS H. SNYDER, 0000 JOHN M. THOMAS, 0000 TIMOTHY D. SCARBOROUGH, 0000 GREGORY D. SODERSTROM, 0000 MICHAEL D. THOMAS, 0000 LAWRENCE J. *SCHAD, JR., 0000 JORGE E. * SOLARES, 0000 MICHAEL T. * THOMAS, 0000 JASON A. *SCHAFER, 0000 JIMMY R. * SOLES, JR., 0000 NEIL B. * THOMAS, JR., 0000 MATTHEW E. SCHEXNYDER, 0000 PATRICK SAMUEL * SOLLAMI, 0000 PATRICIA * THOMAS, 0000 DEREK F. SCHIN, 0000 ROBERTO SOMARRIBA, 0000 CHRISTOPHER R. THOMPSON, 0000 SHANE W. *SCHLEUSNER, 0000 CADE R. * SONNICHSEN, 0000 JAMES W. * THOMPSON, 0000 JOHN L. *SCHLUTER, JR., 0000 PAUL P. * SONSTEIN, 0000 JOHN B. THOMPSON, 0000 DONALD W. SCHMIDT, 0000 MARK J. * SORAPURU, 0000 KEVIN C. * THOMPSON, 0000 JEFFREY G. SCHMIDT, 0000 JONATHAN J. * SORBET, 0000 SCOTT J. * THOMPSON, 0000 LEAH C. SCHMIDT, 0000 MATTHEW L. SORIA, 0000 ROY D. * THRAILKILL, 0000 ROBERT M. *SCHMIDT, 0000 STEVEN J. * SOTO, 0000 CHRISTOPHER C. * THROWER, 0000 ROBERT J. SCHMOLDT, 0000 BRETT D. * SOWELL, 0000 MATTHEW A. TIEMAN, 0000 ANNA MARIE SCHNEIDER, 0000 WILLIAM K. * SPARKS, JR., 0000 DAVID M. * TIFFORD, JR., 0000 JOSEPH J. *SCHNEIDER, 0000 MACKJAN H. SPENCER, 0000 RICHARD J. * TIMMERMANN, 0000 IAN G. *SCHNELLER, 0000 JOHN A. * SPERO, 0000 JUSTIN K. * TINDAL, 0000 ANDREW L. SCHOEN, 0000 CHARLES S. * SPICER II, 0000 JASON W. * TORGERSON, 0000 MEGAN M. *SCHOEPF, 0000 CHRISTOHER J. SPINELLI, 0000 RONALD L. * TOUGAW, JR., 0000 SIEGFRIED *SCHOEPF, 0000 STEPHANIE * SPOSATOJOHNSON, 0000 MATTHEW J. TRACY, 0000 KARL R. SCHRADER, 0000 SEAN S. * SPRADLIN, 0000 RAYMOND J. * TRAMPOSCH, 0000 STEVEN M. *SCHRADER, 0000 CORBAN D. SPRAKER, 0000 KASANDRA T. * TRAWEEK, 0000 CHAD W. SCHRECENGOST, 0000 KIRSTEN A. SPRAKER, 0000 DEVIN S. TRAYNOR, 0000 STEVEN P. *SCHREFFLER, 0000 KEITH M. * SPUDIC, 0000 JAMES D. TREADWELL III, 0000 FRANK B. SCHREIBER, 0000 BRANDON L. STADEL, 0000 JAMES A. * TREVINO, 0000 JEFFREY T. SCHREINER, 0000 JOSHUA L. * STAHL, 0000 VINH G. * TRINH, 0000 MARC A. *SCHUESSLER, 0000 CURTIS J. STAMAND, 0000 HENRY H. * TRIPLETT III, 0000 TODD S. *SCHUG, 0000 MYRON O. STAMPS, 0000 ERIC D. * TRISMEN, 0000 TIMOTHY M. SCHWAMB, 0000 BRUCE B. * STANSBURY, 0000 TIMOTHY E. * TROGDON, 0000 GEORGE N. SCHWARTZ, 0000 BENJAMIN J. STAPERA, 0000 GARY S. * TROY, 0000 BONNIE L. *SCHWARTZKOPF, 0000 SHANNAN M. * STARLING, 0000 MATTHEW P. * TRUMBLE, 0000 RANDALL T. SCOGGINS, 0000 MICHAEL S. STARR, 0000 MATTHEW F. TUCKER, 0000 SIMON M. *SCOGGINS, 0000 MICHAEL K. * STEDMAN, 0000 RANDY L. * TULLIS, 0000 JASON C. *SCOTT, 0000 PATRICK J. * STEEN, 0000 JASON T. * TURNER, 0000 JENIPHER E. *SCOTT, 0000 ROUVEN J. N. STEEVES, 0000 JOBIE S. TURNER, 0000 WENDY L. *SEAMAN, 0000 KYLE D. * STEINFADT, 0000 MICHAEL S. * TURNER, 0000 TERRY A. *SEARS, JR., 0000 THOMAS R. STEMARIE, 0000 SCOTT J. TURNER, 0000 STANLEY H. *SEBASTIAN, 0000 ARTHUR J. * STENGELL, JR., 0000 SCOTT R. * TWESME, 0000 CHRISTOPHER T. *SEBORA, 0000 JULIAN D. STEPHENS, 0000 BRIAN J. TYLER, 0000 GEORGE H. SEBREN, JR., 0000 KATRINA COMPTON * STEPHENS, 0000 ROBERT C. * TYLS, 0000 KRISTIN RONDEAU *SEHNEM, 0000 PATRICK R. * STEPHENS, 0000 MICHAEL C. UFFELMAN, 0000 KURT C. SELKO, 0000 JOHN D. * STEPHENSON, 0000 JAMES D. * UPCHURCH, 0000 ERIK M. SELL, 0000 DOUGLAS W. * STERRITT, 0000 OREN K. * UPTON, 0000 LORNE V. *SERPA, 0000 DAVID L. * STEVENS, 0000 VLADIMIR * URBANCEK, 0000 ALBERT *SETO, 0000 KELLEY C. STEVENS, 0000 KEVIN N. * VACCARI, 0000 DAVID A. *SETTJE, 0000 RANDY L. * STEVENS, 0000 LINDA M. * VADNAIS, 0000 CHARLES F. *SEYMOUR, 0000 JOHN R. STEVENSON, 0000 JOHN F. * VAN STEENBURGH, 0000 DOUGLAS G. SEYMOUR, 0000 DEMETRIUS R. STEWART, 0000 JOHNNIE A. VANCE, 0000 JEFFREY R. *SGARLATA, 0000 SCOTT D. STEWART, 0000 LARRY D. * VANCE, 0000 DOUGLAS B. SHAFFER, 0000 JEFFREY P. * STIFT, 0000 MARK J. * VANDERKINTER, 0000 KIRK M. *SHAFFER, 0000 JASON B. STINCHCOMB, 0000 ALEXIS * VANGELDER, 0000 BRADLEY D. *SHANK, 0000 HUGH B. STMARTIN, JR., 0000 TIMOTHY J. * VANHOESEN, 0000 THOMAS S. *SHARPE, 0000 DAVID J. STOCK, 0000 CHRISTOPHER L. VANHOOF, 0000 CHARLES L. *SHAW, 0000 JEFFREY D. STOCKWELL, 0000 MICHAEL T. * VANONE, 0000 ERIC A. SHAW, 0000 PHILIP L. STODICK, 0000 JAMES G. * VAP, 0000 SAMUEL R. *SHEARER, 0000 DANIEL J. * STONER, 0000 JOSE V. * VARELA, 0000 JACOB C. *SHEDDAN, 0000 CHRISTOPHER M. STOPPEL, 0000 JOHN E. VARGAS, JR., 0000 NEAL B. *SHEERAN, 0000 JOYCE R. STORM, 0000 KELLY L. * VARITZ, 0000 AMANDA M. *SHEETS, 0000 DANIEL D. * STOUT, 0000 MICHAEL W. VARNER, 0000 JOHN J. *SHEETS, 0000 JEFFERY T. STRICKER, 0000 BRIAN E. * VAUGHN, 0000 PHILLIP L. *SHEIRICH, 0000 DAVID C. * STRINGER, 0000 JAY D. * VAUGHN, 0000 BRYAN J. SHELTON, 0000 BRIAN R. STUART, 0000 JERMAINE E. * VAUGHNS, 0000 NORMAN F. *SHELTON II, 0000 DEREK S. * STUART, 0000 GILBERTO R. * VAZQUEZ, 0000 ROBERT A. *SHELTON, 0000 TIMOTHY J. * STUART, 0000 ENRICO W. * VENDITTI, JR., 0000 KEITH L. *SHEPHERD, 0000 BRIAN M. * STUMPE, 0000 DAVID G. * VERNAL, 0000 CHRISTOPHER J. SHEPPARD, 0000 JENNIFER A. * SUAREZ, 0000 DAVID J. VETTER, 0000 JOHN A. *SHERMAN, 0000 JESUS G. * SUAREZ, 0000 JEREMY S. VICKERS, 0000 WHITNEY A. *SHERRILL, 0000 NOELIA * SUAREZ, 0000 SCOTT A. VICKERY, 0000 RICHARD N. SHERROW, 0000 GREGORY * SUBERO, 0000 JOHN R. * VICKREY, 0000 GEORGE L. *SHERWOOD, JR., 0000 ERIC D. * SUCIU, 0000 MARCOS A. * VIGIL, 0000 VICTOR O. SHIRLEY, JR., 0000 AMY I. * SUFAK, 0000 JAIME * VILLA, 0000 ADAM J. *SHIRRIFF, 0000 EDWARD M. * SULINSKI, 0000 WILLIAM M. * VILLEGAS II, 0000 DEBRA E. *SHOCK, 0000 CHRISTOPHER M. SULLIVAN, 0000 JAMES T. * VINSON, 0000 BRYAN F. SHUMWAY, 0000 TODD W. * SULLIVAN, 0000 HARMEN P. * VISSER, 0000 KENNETH A. *SIERRA, 0000 BRADLEY R. * SUMTER, 0000 PETER D. VITT, 0000 KEVIN O. SILKNITTER, 0000 WILLIAM P. * SURREY, 0000 DAVID R. * VOLLMER, 0000 BRYCE A. SILVER, 0000 RYAN J. SUTTLEMYRE, 0000 CHRISTOPHER A. * VORSE, 0000 ADAM G. *SILVERMAN, 0000 DUSTIN G. * SUTTON, 0000 NORMAN P. VUCHETICH, 0000 CRAIG R. SIMMONS, 0000 JEFFREY S. SUTTON, 0000 MICHAEL N. * WADDLE, 0000 MATTHEW R. SIMMONS, 0000 RICHARD P. * SWANK, 0000 PATRICK E. * WAGMAN, 0000 LUKE A. SIMON, 0000 SCOTT A. * SWARTSFAGER, 0000 DAWN R. WAGNER, 0000

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 0624 Sfmt 9801 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6072 CONGRESSIONAL RECORD — SENATE May 26, 2005

JAMES M. WALKER, 0000 GERALD T. YAP, 0000 IN THE AIR FORCE KEVIN P. * WALKER, 0000 ERIC * YARRELL, 0000 SCOTT W. WALKER, 0000 JARED C. * YARRINGTON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID B. * WALL, 0000 ARCHER M. YATES, JR., 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- DANIEL P. WALLS, 0000 BART P. * YATES, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN R. * WALMSLEY, 0000 KEVIN A. YATES, 0000 MARK R. * WALSH, 0000 MICHAEL * YATES, 0000 To be brigadier general ANDREW J. WALTER, 0000 ANGELIC L. * YBARRABELTRAN, 0000 COL. KATHLEEN D. CLOSE DANNY L. * WALTERS, JR., 0000 THOMAS E. * YEAGER, 0000 JAMES T. * WANDMACHER, 0000 MARK T. YETMAN, JR., 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY B. WARD, 0000 MICHAEL S. YI, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WILLIAM N. WARD, 0000 SHAYNE R. YORTON, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE DEAN C. * WARDELL, 0000 BRIAN G. * YOUNG, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION JAMES W. * WARF III, 0000 CONSTANCE H. YOUNG, 0000 601: BRETT A. WARING, 0000 DAVID W. * YUNT, 0000 JEFFREY B. * WARNER, 0000 PAUL A. * ZACKRISON, 0000 To be lieutenant general TIFFANY J. WARNKE, 0000 JEREMY P. * ZADEL, 0000 MAJ. GEN. CHARLES E. CROOM, JR. DALIAN A. * WASHINGTON, 0000 VINCENT ZALESKI, 0000 THOMAS A. * WASHINGTON, 0000 JONATHAN E. * ZALL, 0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED DONNA E. * WATSON, 0000 JASON P. * ZENCUCH, 0000 STATES OFFICER FOR APPOINTMENT IN THE RESERVE FRANK W. WATSON, JR., 0000 CHRIS W. * ZENTNER, 0000 OF THE AIR FORCE TO THE GRADE INDICATED UNDER KAREN M. * WATSON, 0000 KRISTIAN J. * ZHEA, 0000 TITLE 10, U.S.C., SECTION 12203: JEREMY R. WATTS, 0000 JAMES M. * ZICK, 0000 JILL VAN ESS WATTS, 0000 MATTHEW W. * ZIMMERMAN, 0000 To be brigadier general MATTHEW W. WEAVER, 0000 MICHAEL S. * ZIMMERMAN, 0000 GREGORY S. * WEBB, 0000 COL. BENJAMIN J. SPRAGGINS BRANISLAV B. * ZIVOJINOVIC, 0000 PAUL T. * WEBSTER, 0000 JACOB A. ZOCHERT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CURTIS L. * WEEKS, 0000 BRIAN K. ZOELLNER, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- JOHN K. WEIGLE, 0000 BRIAN D. ZULLO, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BRENT E. WEISNER, 0000 DEBORAH L. P. * ZUNIGA, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WADE R. * WEISS, 0000 RAY A. * ZUNIGA, 0000 601: JOHN A. WELLMAN, 0000 CHRISTOPHER M. * WELLS, 0000 To be general MATHEW C. WENTHE, 0000 f TODD H. * WENTZLAFF, 0000 LT. GEN. RONALD E. KEYS SCOTT J. * WEST, 0000 Confirmations IN THE ARMY BRENT P. * WESTBROOK, 0000 THOMAS C. * WESTBROOK, 0000 Executive nominations confirmed by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KARL D. * WESTERLUND, 0000 the Senate: Thursday, May 26, 2005 IN THE UNITED STATES ARMY TO THE GRADE INDICATED WILLIAM D. * WESTFAHL, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER D. * WESTON, 0000 DEPARTMENT OF EDUCATION DAVID S. * WESTOVER, JR., 0000 To be major general DERRICK R. * WHEELDON, 0000 RAYMOND SIMON, OF ARKANSAS, TO BE DEPUTY SEC- BRIG. GEN. BENJAMIN C. FREAKLEY JON S. WHEELER, JR., 0000 RETARY OF EDUCATION. ROBERT E. * WHETZEL, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF MARC A. * WHIRLEDGE, 0000 DEPARTMENT OF DEFENSE THE UNITED STATES OFFICER FOR APPOINTMENT AS DI- CHRISTOPHER P. * WHITE, 0000 KENNETH J. KRIEG, OF VIRGINIA, TO BE UNDER SEC- RECTOR, ARMY NATIONAL GUARD AND FOR APPOINT- CURTIS C. * WHITE, 0000 RETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, MENT TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEAN P. * WHITE, 0000 AND LOGISTICS. SECTION 10506: TARA E. * WHITE, 0000 TODD G. * WHITE, 0000 BARRY GOLDWATER SCHOLARSHIP & To be lieutenant general MICHAEL F. * WHITEHEAD, JR., 0000 EXCELLENCE IN EDUCATION FOUNDATION MAJ. GEN. CLYDE A. VAUGHN MICHAEL D. * WHITING, 0000 ARTHUR E. * WICKBERG, 0000 CHARLES P. RUCH, OF SOUTH DAKOTA, TO BE A MEM- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSHUA M. WIELAND, 0000 BER OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- IN THE RESERVE OF THE ARMY TO THE GRADES INDI- JUSTIN B. WIELAND, 0000 WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION CATED UNDER TITLE 10, U.S.C., SECTION 12203: ALAN J. WIGDAHL, 0000 FOUNDATION FOR A TERM EXPIRING AUGUST 11, 2010. BRIAN J. WIGTON, 0000 To be major general NATIONAL FOUNDATION ON THE ARTS AND THE DAMIAN O. * WILBORNE, 0000 BRIGADIER GENERAL BRUCE A. CASELLA TIMOTHY W. * WILCOX, 0000 HUMANITIES BRIGADIER GENERAL DAVID L. EVANS TIMOTHY T. WILDAY, 0000 HARRY ROBINSON, JR., OF TEXAS, TO BE A MEMBER OF BRIGADIER GENERAL WILLIAM H. JOHNSON ANDREW C. WILES, 0000 BRIGADIER GENERAL LARRY KNIGHTNER BRANDON L. WILKERSON, 0000 THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM EXPIRING DECEMBER 6, 2008. BRIGADIER GENERAL DENNIS E. LUTZ WESTON L. * WILKINSON, 0000 BRIGADIER GENERAL ROBERT A. POLLMANN CHRISTINA L. * WILLARD, 0000 NATIONAL MUSEUM AND LIBRARY SERVICES BRIGADIER GENERAL WILLIAM TERPELUK ADRIENNE L. WILLIAMS, 0000 BRIGADIER GENERAL BRUCE E. ZUKAUSKAS ANTHONY D. * WILLIAMS, 0000 BOARD CHRISTOPHER J. WILLIAMS, 0000 KIM WANG, OF CALIFORNIA, TO BE A MEMBER OF THE To be brigadier general DARIN C. * WILLIAMS, 0000 NATIONAL MUSEUM AND LIBRARY SERVICES BOARD FOR DARRELL L. * WILLIAMS, 0000 COLONEL LIE-PING CHANG A TERM EXPIRING DECEMBER 6, 2009. IKE H. WILLIAMS, 0000 COLONEL PAUL E. CRANDALL JASON T. * WILLIAMS, 0000 POSTAL RATE COMMISSION COLONEL STUART M. DYER JOSEPH * WILLIAMS, JR., 0000 COLONEL GEOFFREY A. FREEMAN KINAMO J. WILLIAMS, 0000 TONY HAMMOND, OF VIRGINIA, TO BE A COMMISSIONER COLONEL WILLIAM D. FRINK, JR. PAUL D. * WILLIAMS, 0000 OF THE POSTAL RATE COMMISSION FOR A TERM EXPIR- COLONEL WILLIAM H. GERETY SEAN * WILLIAMS, 0000 ING OCTOBER 14, 2010. COLONEL GEORGE R. HARRIS TREVOR L. * WILLIAMS, 0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO COLONEL JEFFREY A. JACOBS WENDY E. * WILLIAMS, 0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- COLONEL DEMPSEY D. KEE ROBERT A. WILLIAMSON, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY COLONEL DOUGLAS E. LEE PAUL B. WILLINGHAM, 0000 CONSTITUTED COMMITTEE OF THE SENATE. COLONEL CHARLES D. LUCKEY DANIELLE L. * WILLIS, 0000 COLONEL BERT K. MIZUSAWA BRIAN L. WILLITS, 0000 IN THE COAST GUARD COLONEL ELDON P. REGUA COLONEL STEVEN W. SMITH JAMES M. WILMER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL RICHARD A. STONE DEMETRIUS M. * WILSON, 0000 IN THE UNITED STATES COAST GUARD TO THE GRADE IN- COLONEL ROBIN B. UMBERG MARK S. * WILSON, 0000 DICATED UNDER TITLE 14, U.S.C., SECTION 271: WALTER J. WILSON, 0000 COLONEL MARGARET C. WILMOTH WILLIAM H. * WILSON, 0000 To be rear admiral THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TROY H. * WINCAPAW, 0000 REAR ADM. (IH) LARRY L. HERETH IN THE RESERVE OF THE ARMY TO THE GRADE INDI- DAVID J. WINEBRENER, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: TROY E. * WING, 0000 REAR ADM. (IH) ROBERT J. PAPP CHARLES K. * WINN, 0000 REAR ADM. (IH) CLIFFORD I. PEARSON To be brigadier general PATRICK C. * WINSTEAD, 0000 REAR ADM. (IH) JAMES C. VAN SICE COL. NEIL DIAL MARK R. * WISHER, 0000 DEPARTMENT OF STATE KELLY N. * WITCHER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC J. * WITTENDORFER, 0000 ROBERT JOSEPH, OF VIRGINIA, TO BE UNDER SEC- IN THE UNITED STATES ARMY TO THE GRADE INDICATED CHRISTIAN S. WOHLWEND, 0000 RETARY OF STATE FOR ARMS CONTROL AND INTER- UNDER TITLE 10, U.S.C., SECTION 624: BRANDON C. WOOD, 0000 NATIONAL SECURITY. JASON K. * WOOD, 0000 SEAN IAN MCCORMACK, OF THE DISTRICT OF COLUM- To be brigadier general TRACY A. * WOODARD, 0000 BIA, TO BE AN ASSISTANT SECRETARY OF STATE (PUB- MICHELE J. * WOODCOCK, 0000 LIC AFFAIRS). COL. JAMES K. GILMAN BRINT A. * WOODRUFF, 0000 DAVID HORTON WILKINS, OF SOUTH CAROLINA, TO BE COL. DAVID A. RUBENSTEIN SARAH E. * WOODS, 0000 AMBASSADOR TO CANADA. IN THE MARINE CORPS THADDEUS R. WOODS, 0000 JAMES M. DERHAM, OF VIRGINIA, TO BE AMBASSADOR SHANNON J. * WOODWORTH, 0000 TO THE REPUBLIC OF GUATEMALA. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GREGORY W. * WOOSLEY, 0000 WILLIAM ALAN EATON, OF VIRGINIA, TO BE AMBAS- IN THE UNITED STATES MARINE CORPS TO THE GRADE ADAM R. * WORDEN, 0000 SADOR TO THE REPUBLIC OF PANAMA. INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- JASON C. WORLEY, 0000 PAUL A. TRIVELLI, OF VIRGINIA, TO BE AMBASSADOR TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., BRIAN W. * WORTHINGTON, 0000 TO THE REPUBLIC OF NICARAGUA. SECTION 601: TIMOTHY K. * WOZNIAK, 0000 VICTORIA NULAND, OF CONNECTICUT, TO BE PERMA- ANDREW R. * WRIGHT, 0000 NENT REPRESENTATIVE OF THE UNITED STATES OF To be lieutenant general JEFFREY C. * WRIGHT, 0000 AMERICA ON THE COUNCIL OF THE NORTH ATLANTIC MAJ. GEN. JOHN W. BERGMAN PARKER H. WRIGHT, 0000 TREATY ORGANIZATION, WITH THE RANK AND STATUS JAYSON M. * WRONA, 0000 OF AMBASSADOR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TODD A. WYDRA, 0000 LINDA JEWELL, OF THE DISTRICT OF COLUMBIA, TO BE IN THE UNITED STATES MARINE CORPS TO THE GRADE BRUCE L. * WYKES, 0000 AMBASSADOR TO THE REPUBLIC OF ECUADOR. INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- GEORGE R. WYSE, 0000 JOHN F. TEFFT, OF VIRGINIA, TO BE AMBASSADOR TO TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., CHRISTOPHER T. * YANE, 0000 GEORGIA. SECTION 601:

VerDate Mar 15 2010 21:24 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 0624 Sfmt 9801 E:\2005SENATE\S26MY5.REC S26MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 26, 2005 CONGRESSIONAL RECORD — SENATE S6073 To be lieutenant general To be rear admiral REAR ADM. (LH) JOSEPH A. WALSH REAR ADM. (LH) MELVIN G. WILLIAMS, JR. LT. GEN. ROBERT R. BLACKMAN, JR. REAR ADM. (LH) ROBERT B. MURRETT REAR ADM. (LH) JAMES A. WINNEFELD, JR. IN THE NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVAL RESERVE TO THE GRADE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be rear admiral (lower half) WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be rear admiral (lower half) RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAPT. VICTOR C. SEE, JR. CAPT. CAROL M. POTTENGER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be admiral THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVAL RESERVE TO THE GRADE VICE ADM. GARY ROUGHEAD UNDER TITLE 10, U.S.C., SECTION 624: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be rear admiral (lower half) IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be rear admiral (lower half) CAPT. CHRISTINE M. BRUZEK-KOHLER UNDER TITLE 10, U.S.C., SECTION 624: CAPT. NATHAN E. JONES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be rear admiral (lower half) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVAL RESERVE TO THE GRADE CAPTAIN WILLIAM R. BURKE UNDER TITLE 10, U.S.C., SECTION 624: INDICATED UNDER TITLE 10, U.S.C., SECTION 12203 CAPTAIN NEVIN P. CARR, JR. To be rear admiral (lower half) CAPTAIN PHILIP H. CULLOM To be rear admiral (lower half) CAPTAIN MARK I. FOX CAPT. MARK W. BALMERT CAPTAIN WILLIAM D. FRENCH CAPT. ALBERT GARCIA III THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CAPTAIN MICHAEL S. FRICK IN THE COAST GUARD CAPTAIN TIMOTHY M. GIARDINA IN THE UNITED STATES NAVY TO THE GRADE INDICATED CAPTAIN ROBERT S. HARWARD, JR. UNDER TITLE 10, U.S.C., SECTION 624: COAST GUARD NOMINATION OF KATHRYN C. DUNBAR CAPTAIN WILLIAM H. HILARIDES To be rear admiral (lower half) TO BE LIEUTENANT COMMANDER. CAPTAIN DANIEL P. HOLLOWAY CAPTAIN DOUGLAS J. MCANENY CAPT. RAYMOND E. BERUBE NATIONAL OCEANIC AND ATMOSPHERIC CAPTAIN TERENCE E. MCKNIGHT CAPT. JOHN J. PRENDERGAST III ADMINISTRATION CAPTAIN JOHN W. MILLER CAPTAIN MICHAEL S. OBRYAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- CAPTAIN FRANK C. PANDOLFE IN THE UNITED STATES NAVY TO THE GRADE INDICATED TION NOMINATIONS BEGINNING WITH DANIEL J. PRICE CAPTAIN DAVID L. PHILMAN UNDER TITLE 10, U.S.C., SECTION 624: AND ENDING WITH STEPHEN P. BARRY, WHICH NOMINA- CAPTAIN BRIAN C. PRINDLE To be rear admiral (lower half) TIONS WERE RECEIVED BY THE SENATE AND APPEARED CAPTAIN DONALD P. QUINN IN THE CONGRESSIONAL RECORD ON APRIL 25, 2005. CAPTAIN WILLIAM E. SHANNON III CAPT. KEVIN M. MCCOY IN THE AIR FORCE CAPTAIN JAMES A. SYMONDS CAPT. WILLIAM D. RODRIGUEZ CAPTAIN STEPHEN S. VOETSCH AIR FORCE NOMINATIONS BEGINNING WITH DONNELL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPTAIN JAMES P. WISECUP E. ADAMS AND ENDING WITH DANIEL J. ZALEWSKI, IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE UNITED STATES NAVY TO THE GRADE INDICATED MARCH 14, 2005. UNDER TITLE 10, U.S.C., SECTION 624: To be rear admiral AIR FORCE NOMINATION OF MICHAEL E. VAN To be rear admiral REAR ADM. (LH) DAVID J. VENLET VALKENBURG TO BE COLONEL. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE ARMY REAR ADM. (LH) ALAN S. THOMPSON IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING WITH ROBERT D. BOW- IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be rear admiral MAN AND ENDING WITH THERESA M. SULLIVAN, WHICH UNDER TITLE 10, U.S.C., SECTION 624: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- REAR ADM. (LH) BRUCE W. CLINGAN PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY To be rear admiral REAR ADM. (LH) DERWOOD C. CURTIS 15, 2005. REAR ADM. (LH) PETER H. DALY ARMY NOMINATIONS BEGINNING WITH CATHERINE D. REAR ADM. (LH) NANCY J. LESCAVAGE REAR ADM. (LH) KENNETH W. DEUTSCH SCHOONOVER AND ENDING WITH VINCENT M. YZNAGA, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) MARK T. EMERSON AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE UNITED STATES NAVY TO THE GRADE INDICATED REAR ADM. (LH) JEFFREY L. FOWLER MAY 9, 2005. UNDER TITLE 10, U.S.C., SECTION 624: REAR ADM. (LH) GARRY E. HALL REAR ADM. (LH) LEENDERT R. HERING, SR. IN THE NAVY To be rear admiral REAR ADM. (LH) ALAN B. HICKS REAR ADM. (LH) STEPHEN E. JOHNSON NAVY NOMINATIONS BEGINNING WITH JOEL P. BER- REAR ADM. (LH) JEFFREY A. BROOKS REAR ADM. (LH) CARL V. MAUNEY NARD AND ENDING WITH MARC K. WILLIAMS, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) BERNARD J. MCCULLOUGH III NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE UNITED STATES NAVY TO THE GRADE INDICATED REAR ADM. (LH) MICHAEL H. MILLER PEARED IN THE CONGRESSIONAL RECORD ON APRIL 21, UNDER TITLE 10, U.S.C., SECTION 624: REAR ADM. (LH) ALLEN G. MYERS 2005.

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CONGRESSIONAL CAUCUS FOR WINNER OF LABOR’S ‘‘COMMUNITY MEMORIAL DAY WOMEN’S ISSUES RECOGNIZES SERVICES AWARD’’: BAKERS FORCE MASTER CHIEF KAREN H. LOCAL 315 HON. MARK UDALL O’CONNOR OF COLORADO HON. BOB FILNER IN THE HOUSE OF REPRESENTATIVES HON. ILEANA ROS-LEHTINEN OF CALIFORNIA Thursday, May 26, 2005 IN THE HOUSE OF REPRESENTATIVES Mr. UDALL of Colorado. Mr. Speaker, soon OF FLORIDA Thursday, May 26, 2005 we will all return to our Congressional districts IN THE HOUSE OF REPRESENTATIVES Mr. FILNER. Mr. Speaker, today I honor for the Memorial Day weekend. So I’d like to Bakers Local 315—recognized with the ‘‘Out- take a moment today to recognize the heroes Thursday, May 26, 2005 standing Community Services Award’’ by the of wars past and the heroes of our current San Diego-Imperial Counties Labor Council, military operations in Iraq and Afghanistan. Ms. ROS-LEHTINEN. Mr. Speaker, I rise Just two days ago, Fort Carson’s 3rd Ar- AFL–CIO. today on behalf of Congresswomen BROWN- mored Cavalry Regiment honored four more of Chartered on December 12, 1936, Bakers WAITE, SOLIS, CAPPS and the entire Congres- its dead—Sgt. Stephen Saxton, Spec. Ricky Local 315 is 500 members strong. Deborah sional Caucus for Women’s Issues to recog- Rockholt, Pfc. Joseph Knott, and Pfc. Robert Lacey Zuelsdorf has been Secretary-Treasurer Murray, Jr. Fort Carson has lost 120 soldiers nize the 8th Annual Women in the Military for ten years. Under her leadership and that of since the war began. Wreath Laying Ceremony hosted by the Cau- the Executive Board, the Bakers have been And Colorado lost another son in Baghdad cus at Arlington National Cemetery. The pur- honored for their work with union companies earlier this month. Former Marine and Louis- pose of this event is to honor our nation’s and have received countless outstanding com- ville firefighter Todd James Venette was re- servicewomen and female veterans for their munity service awards. The Bakers work with membered at a memorial service last week- Bimbo USA, Interstate Brands Corporation, courage and achievements, and to remember end. He died after his security company con- Vons In Store Bakeries, and the San Diego women who have died in service to the United voy was hit by two cars carrying explosives. States. Bread Company. The loved ones of these brave soldiers and During the holidays, members work an extra Today, we have the opportunity to recognize others who have died serving in Iraq and Af- shift and then the union bakeries donate what five outstanding female servicewomen, one ghanistan must live with their losses every they have prepared directly to the Holiday minute of every day. We share their grief and selected from each branch of the military. Food Distribution. These breads and baked These women serve their respective branches remember this Memorial Day and every day goods, made by the caring hands of the the sacrifices of these young soldiers who with honor, dignity, and courage. These highly Bakers, help make the holidays a little better have volunteered in service to their country. decorated leaders chose to defend our free- for union families experiencing lean financial These points were well made in today’s edi- dom and embody the spirit of those that times. torial in the Denver Post, which I am attaching served before them. That is why we also honor and recognize for the benefit of my colleagues. Bakers Local 315, for their hard dedication to From the United States Navy, we will honor [From the Denver Post, May 26, 2005] the community and for earning this year’s RESPECT FOR HEROES IN IRAQ Force Master Chief Karen H. O’Connor, who ‘‘Community Services Award’’ by the San currently serves at the Commander, Naval In recent months, much attention has been Diego-Imperial Counties Labor Council, AFL– drawn to accusations of misconduct in Iraq, Surface Force, U.S. Pacific Fleet representing CIO. and Fort Carson has seen its share of legal 40,000 enlisted sailors. f proceedings. Force Master Chief O’Connor has served But on Tuesday a tearful ceremony re- RECOGNIZING SHELBY COUNTY minded us of the sacrifices of so many sol- the Navy in a variety of duty station and ca- VETERANS ON MEMORIAL DAY 2005 diers who were doing things right. pacities such as Command Master Chief in More than 700 mourners attended a memo- the USS BONHOMME RICHARD (LHD 6), HON. MARSHA BLACKBURN rial service for four ‘‘brave rifles’’ killed in completing an accelerated deployment in sup- Iraq, while others stood outside in a thunder- OF TENNESSEE storm to pay their respects. Sgt. Stephen port of Operation ENDURING FREEDOM in IN THE HOUSE OF REPRESENTATIVES Saxton, 24; Spec. Ricky Rockholt, 29; Pfc. 2002 and then deploying 14 months early in Joseph Knott, 21; and Pfc. Robert Murray support of Operation IRAQI FREEDOM in Jan- Thursday, May 26, 2005 Jr., 21. All were members of Fort Carson’s uary 2003. During this tour Bonhomme Rich- Mrs. BLACKBURN. Mr. Speaker, this Me- 3rd Armored Cavalry Regiment. Comrades and loved ones shared thoughts ard received two Battle ‘‘E’’ awards and two morial Day all of us should take time to recog- nize the service of those who’ve fought and about the young soldiers. ‘‘I thought it was consecutive Edward F. Ney awards for Food very fitting that it was raining during the Service Excellence. died for this country. service,’’ said Pamela Knott of Yuma, Ariz., I want to take a moment to recognize the Force Master Chief O’Connor has repeat- whose son was killed in April. ‘‘It sounds veterans of Shelby County, Tennessee who silly, but at times you think, ‘Oh, those are edly demonstrated outstanding performance, served our country so well over the past cen- the angels crying, not just for Joseph but for leadership, and devotion to the U.S. Navy as tury. all the lost soldiers.’ ’’ is evidenced by the numerous personal More than 1,500 Shelby County residents In all, 120 soldiers from Fort Carson units awards she has received such as the Defense gave their lives for this country from World have died since the war began. Since troops returned to Iraq in the winter and spring, Meritorious Service Medal, Meritorious Service War II to the Iraq War, and we should never eight soldiers have been lost to the 3rd ACR Medal, and various campaign and service forget their sacrifice. and two from the 43rd Area Support Group. awards. I would like to specifically recognize Mr. All told, about a dozen current or former Vernon McGarity of Bartlett, Tennessee. Mr. Fort Carson soldiers have been accused of Force Master Chief O’Connor continues to McGarity is a World War II veteran who wrongdoing in Iraq. One court-martial has distinguish herself as an invaluable leader in earned our Nation’s highest military award, the been held, with a conviction for assault the Navy, and it is a honor for each Member Medal of Honor. against three Iraqi detainees, and others of the Congressional Caucus for Women’s may be coming up. Mr. McGarity exemplifies the dedication and For now, as Memorial Day approaches, up- Issues to recognize the courage and commit- sacrifice of all of our Shelby County veterans. coming proceedings are being drowned out ment of Force Master Chief O’Connor and all It is because they fought that we are free. by solemn rifle volleys for those who died women in the military. God Bless America’s veterans. too young, doing their duty.

∑ 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 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.001 E26PT1 E1104 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 COMMERCE CITY COMMUNITY here as an insightful, effective, and respected CONGRESSIONAL CAUCUS FOR HEALTH SERVICES RECEIVES member. Peter exemplifies the spirit of respect WOMEN’S ISSUES RECOGNIZES HERO IN HEALTH AWARD and comity that is so often missing in current MASTER SERGEANT SUSAN M. House business. PIASECKI HON. BOB BEAUPREZ In 1994, Peter moved to my Central Cali- OF COLORADO fornia District to become the founding Presi- HON. ILEANA ROS-LEHTINEN IN THE HOUSE OF REPRESENTATIVES dent of the newly created California State Uni- OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Thursday, May 26, 2005 versity Monterey Bay (CSUMB). CSUMB is a Thursday, May 26, 2005 Mr. BEAUPREZ. Mr. Speaker, I rise today remarkable institution that has been carved to pay tribute to the hard work and dedication out in the heart of the former Fort Ord, the Ms. ROS-LEHTINEN. Mr. Speaker, I rise of a health care organization in my district, largest military base closure in the US to date. today on behalf of Congresswomen BROWN- Commerce City Community Health Services. While many of us on the Central Coast have WAITE, SOLIS, CAPPS and the entire Congres- Earlier this month, Anthem Blue Cross and played a part in the genesis and growth of sional Caucus for Women’s Issues to recog- Blue ShIeld awarded the 2005 Hero in Health CSUMB, nobody has put a more decisive nize the 8th Annual Women in the Military Award to Commerce City Community Health stamp than Peter Smith on the thriving institu- Wreath Laying Ceremony hosted by the Cau- Services (CHS). CHS has provided free and/ tion that CSUMB has become. What started in cus at Arlington National Cemetery. The pur- or reduced cost services to uninsured and 1994 with 650 students gathered in a cluster pose of this event is to honor our nation’s underinsured youth in Adams County, Colo- of run down Army barracks had blossomed servicewomen and female veterans for their rado for over 20 years. into a top flight University with a growing cam- courage and achievements, and to remember Anthem Blue Cross and Blue Shield con- pus of newly constructed and restored build- women who have died in service to the United ceived the Hero in Health Award in 2001 as a ings and 3,500 students. That’s a record of States. way to recognize and reward those organiza- which to be proud. Today, we have the opportunity to recognize tions that exemplify an authentic commitment five outstanding female servicewomen, one Born in Boston, Massachusetts in 1945, to serving underinsured and uninsured individ- selected from each branch of the military. Peter received a B.A. from Princeton and, two uals. Additionally, the Hero in Health Award These women serve their respective branches years later, he earned a M.A. in Teaching heightens awareness for issues of healthcare with honor, dignity, and courage. These highly access and affordability. In 2003, the field of from Harvard University. In 1984 he received decorated leaders chose to defend our free- eligible organizations was narrowed to clinics a Doctorate in Education, also from Harvard dom and embody the spirit of those that that provide services to the underinsured and University, In 1970, Peter founded the Com- served before them. uninsured. munity College of Vermont, and served as its From the United States Air Force, we will CHS is a non-profit, 501(c) 3 organization first president until 1978. In 1980, he served honor Master Sergeant Susan M. Piasecki, that provides low-cost, high-quality primary as a Vermont State Senator, and from 1982 who currently is assigned to the 305th Civil and preventive health care services. CHS was until 1986 he served as Vermont’s Lieutenant Engineer Squadron (CES), McGuire Air Force initially funded in 1979 by the Robert Wood Governor. Base, New Jersey, as First Sergeant. Master Sergeant Piasecki has repeatedly Johnson Foundation as a demonstration site Peter has devoted his life to improving the for the National School Health Project and demonstrated outstanding performance, lead- educational process, for the citizens of both ership, and devotion to the U.S. Air Force as was one of the first school-based health cen- Vermont and of the United Sates, and has re- ters in the country. Colorado Association of is evidenced by the honors and decorations ceived a number of awards for his achieve- she has received. In April 2005, she was hon- School-Based Health Care recognized CHS ments. One of his greatest awards is the Na- recently as the oldest, operational school- ored as a nominee for Air Mobility Command’s tional Council of Community Service and Con- 12 Outstanding Airmen of the Year in the First based center in the state. tinuing Education’s Man of the Year award, CHS has a community-based center and Sergeant Category. Her decorations include which he received in 1976. In 1978, the Uni- the Air Force Meritorious Service Medal, the school-based centers. The community-based versity of Vermont College of Education and center is part of the Adams County High Air Force Commendation Medal with four Oak Social Services gave him their highest award Leaf Clusters, and the Air Force Achievement School campus. Health care services are pro- for his contributions to elementary, secondary, vided for children and adolescents, birth to 21 Medal with one Oak Leaf Cluster. and post secondary education in the State of Master Sergeant Piasecki continues to dis- years old. The health care services include Vermont. The Fund for the Improvement of tinguish herself as an invaluable leader in the physical exams, medical screenings, immuni- Post-secondary Education and the Carnegie Air Force, and it is an honor for each Member zations, acute care for the diagnosis and treat- Corporation of New York awarded him a Mina of the Congressional Caucus for Women’s ment for minor illnesses, infections and inju- Shaughnessy Fellowship grant in 1980. The Issues to recognize the courage and commit- ries, management of chronic health conditions, grant allowed him to interview sixty adults ment of Master Sergeant Piasecki and all routine lab work, well/sick infant care, nutrition across the country for his book about adult women in the military. and weight control counseling, and health edu- learning beyond school, Your Hidden Creden- cation. f tials. Last year he published groundbreaking Again, Mr. Speaker, I want to thank the fine WINNER OF LABOR’S ‘‘COMMUNITY book titled The Quiet Crisis: How Higher Edu- men and women of Commerce City Commu- SERVICES AWARD’’—TEAMSTERS cation is Failing America where he argues that nity Health Services. It is the best kind of com- LOCAL 36 munity organization, fulfilling needs in the higher education as a whole is not organized community others have not and continuously to truly educate its students. HON. BOB FILNER evolving to address changing demands. They Peter is now leaving CSUMB to take on the OF CALIFORNIA serve a tremendous purpose in Adams County reins at UNESCO where he will become the IN THE HOUSE OF REPRESENTATIVES and I am very proud to be able to congratulate first American to hold the post of Assistant Di- Thursday, May 26, 2005 them for receiving the Hero in Health Award. rector General for Education. The UN leader- f ship chose him after a worldwide search of Mr. FILNER. Mr. Speaker, today I honor candidates. Peter takes up his post in Paris, Teamsters Local 36—recognized with the IN HONOR OF DR. PETER SMITH France, next month. We are sorry to see Peter ‘‘Community Services Award’’ by the San and his wonderful wife, Sally, leave the Cen- Diego-Imperial Counties Labor Council, AFL– HON. SAM FARR tral Coast. But the Central Coast’s loss will be CIO. Teamsters Local 36 was chartered in 1946 OF CALIFORNIA the global community’s gain. From his new and was originally founded as a building mate- IN THE HOUSE OF REPRESENTATIVES perch, Peter will use the skill and wisdom that rial and construction local. The charter was so enriched the CSUMB community and im- Thursday, May 26, 2005 changed in 1980 to read Building Materials, prove the future for millions of world’s citizens. Mr. FARR. Mr. Speaker, I rise today to Construction, Industrial, Professional and honor a dear friend and former member of this Mr. Speaker, I know I speak for the whole Technical Employees. House, Dr. Peter Smith. Peter represented the House when I offer our former colleague our In 1981, Teamsters built their own building State of Vermont in the House between 1989 sincerest thanks for his service to date and and moved to their current location on Mer- and 1993. He built a reputation during his time best wishes for his tasks ahead. cury Street in the heart of Kearny Mesa. This

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.005 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1105 building is named in honor of their former Sec- nation has already set an important precedent had a dance hall and skating rink. ‘‘It was a retary-Treasurer, John S. Lyons. This hard- in Colorado, demonstrating what dedicated hotbed of activity in those days,’’ MIchael Bowman said. working, dedicated and diverse organization communities can do to help rural economic Eva Peterson and Ralph Bowman married can always be depended upon. development and maintain farming as a way May 16, 1931, and started their life together Their members volunteer for every food of life. with gifts of a pig and a cow, which their drive by working at the Margaret Sellers Post I honored Marr Bowman at the Environ- families had given them. He died in January Office and routing the food from outlying Post mental and Clean Energy Inaugural Ball ear- 2004. Offices to the Food Bank. Each and every De- lier this year for her contributions to Colo- In addition to her grandson, Marr Bowman cember, the Teamsters show up, complete rado’s rural communities and to renewable en- is survived by two daughters, Jean Brophy of Wray and Jerry Baird of Pasadena, CA; a with holiday cheer, pick up and deliver all the ergy. I noted at the Ball: ‘‘Without your gen- son, Jack Bowman of Wray; 10 grand- food to make the annual Holiday Food Dis- erous contribution of seed money for the wind children; 22 great-grandchildren; her sister, tribution a success. turbine project, further grant money would not Madge Barber of Burlington; and an ‘‘adopt- They are always present, making a contribu- be an option. Wray is fortunate to have com- ed’’ grandson, Etienne Lagabrielle of France. tion to the people of San Diego and promoting mitted members of the community like you f the good name of Labor. That is why we who have the foresight and patience to envi- honor and recognize Teamsters Local 36, one sion a project and see it through.’’ Even BRIGHTON RECEIVES ECONOMIC of the finest organizations in San Diego and though she won’t be in Wray to see the wind DEVELOPMENT AWARD Imperial County, as the recipient of the ‘‘Com- turbine operational next month—or to attend munity Services Award’’! her 75th high school reunion—I am glad she HON. BOB BEAUPREZ OF COLORADO f knew of our gratitude for her commitment and dedication to her community, to Colorado, and IN THE HOUSE OF REPRESENTATIVES RECOGNIZING DEDICATION OF to renewable energy. Thursday, May 26, 2005 WILLIAMSON COUNTY MONU- Marr Bowman’s was a life well lived. She Mr. BEAUPREZ. Mr. Speaker, I rise today MENT IN FRANKLIN ON MEMO- will be missed. RIAL DAY 2005 to congratulate the City of Brighton, Colorado, For the benefit of my colleagues, I have at- for recently being named by the Economic De- tached Mrs. Bowman’s obituary from the Den- velopers’ Council of Colorado (EDCC) as the HON. MARSHA BLACKBURN ver Post. recipient of the Large Community of the Year OF TENNESSEE FARM WIFE A POWERFUL FORCE award for 2004. The EDCC presents their an- IN THE HOUSE OF REPRESENTATIVES (By Virginia Culver) nual achievement awards that recognize out- Thursday, May 26, 2005 Eva ‘‘Marr’’ Bowman was a farm wife who standing achievement in economic develop- lived all her life on Colorado’s plains—but ment by honoring individuals, businesses and Mrs. BLACKBURN. Mr. Speaker, Memorial that didn’t mean she wasn’t up on the latest communities throughout the State of Colorado. Day is one of those occasions where all Amer- environmental issues. The City of Brighton was honored to receive icans can come together for a common pur- Bowman, who died Saturday at age 93, left $200,000 to the Wray school district as seed this award which is presented to a community pose—to honor and thank those who’ve sac- over 20,000 in population that demonstrates rificed in order to keep us free. money to install a wind turbine that will supply all of the school’s electricity and 25 support for economic development through an It is my privilege to recognize the veterans percent of the electricity for the town. organized economic development program from Williamson County, Tennessee who By selling the electricity to the town, the and strong leadership. served our country over the past century. school district will make $180,000 a year, said Mr. Speaker, as we look at a few of the Nearly 165 veterans from Williamson County Bowman’s grandson, Michael Bowman, of many successes the City has been able to ac- died defending America during World War I, Wray. complish recently, there is no doubt that they World War II, the Korean War and the Viet ‘‘We’d hoped she would still be alive to see are well deserving of this award. Nam War. All of us recognize how fortunate the wind turbine operational next month, her 75th high school class reunion,’’ he said. The City provided an incentive package val- we are for having had men and women like In her letter to the school board about the ued at nearly $8.2 million for a new Adams them fighting to preserve our freedom. gift, Eva Bowman said, ‘‘There is no greater County campus for County services. This On Monday, May 30, 2005, Williamson gift we can give our children than that of a campus will not only retain jobs for Brighton County will dedicate a monument in Franklin, sound education.’’ but will also ensure that Brighton remains the Tennessee, to honor these men and women. Her nephew and others have raised most of County Seat. I hope all Tennesseans will take time this Me- the rest of the total—$1.8 million—for the Brighton found funding, without any state morial Day to remember those who’ve sac- turbine. support, for the roundabouts at the intersec- Marr Bowman, as everyone called her, was rificed so much for America. God Bless. a fixture in Wray, where she sat at her own tion of U.S. 85 and State Highway 7, which is f table every morning for coffee in the local a major highway intersection to downtown cafe. Brighton. The City has also been forward THE LIFE OF EVA ‘‘MARR’’ Despite the hard work of cooking, clean- thinking in contributions on their part to make BOWMAN ing, raising children and helping with the the FasTracks public transit program become farm, Marr Bowman was not a complainer. a reality in Brighton. HON. MARK UDALL ‘‘In fact, she was the most upbeat person I In 2004 the City broke ground on a 14-acre ever knew,’’ said Michael Bowman. entertainment/retail development, the Brighton OF COLORADO But, sometimes, she did remark, ‘‘Anyone IN THE HOUSE OF REPRESENTATIVES who thought those were the good old days Pavilions. This project is a unique public/pri- vate partnership between the City, the Brigh- Thursday, May 26, 2005 didn’t actually live through them.’’ Marr Bowman and her husband toughed ton Urban Renewal Authority, Brighton Eco- Mr. UDALL of Colorado. Mr. Speaker, on out the Depression, but they and their good nomic Development Corporation, Carlson- May 7, the Bowman family and Colorado lost friends, Dale and Martha Whomble, had to Parkhi, LLC and RTD. It is the first Transit Ori- a great treasure. Eva ‘‘Marr’’ Bowman died at wait some time before they could buy new ented Development in the state based on a age 93, a life-long resident of Wray, Colorado. cars. bus transit park-n-ride, and a public/private en- My sympathies go to her grandson Michael After discussing it one evening, the couples deavor and is a ‘‘model’’ project for the Den- decided on a stopgap measure: They would Bowman, who was extremely close to his trade cars, so at least each couple would ver metro area. Further, this partnership grandmother. Michael is a tireless advocate of have a different car. helped the City receive the Adams County renewable energy and of Colorado’s rural In addition to her family, Marr Bowman’s Economic Development 2004 Regional Part- communities and is a key proponent of the other great love was bowling, which she did nership Award. 25x25 proposal dedicated to producing 25 per- for decades at the Purple Sage Bowling On the issue of water, which is so vital to cent of America’s energy needs from our agri- Alley. After it was destroyed in a 1970s tor- communities in Colorado, Brighton has made cultural sector by the year 2025. nado, she and her friends had to drive to great strides in making water purchases dur- Marr Bowman supported Mike in his efforts. other towns to bowl. ing 2004 and has aligned itself with other re- Eva Peterson was born June 13, 1911, in She donated $200,000 to the Wray, Colorado Holyoke and graduated from Laird High gional communities to provide water solutions school district to install a wind turbine that will School, east of Wray. in and out of its community. The first water supply all of the school’s electricity and 25 She met Ralph Bowman, a local farm boy, augmentation storage lake was completed and percent of the electricity for the town. Her do- at Olive Lake, a resort area near Wray that filled in 2004.

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.008 E26PT1 E1106 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 Mr. Speaker, what’s equally important to Today we have the opportunity to recognize are estimated to have been over $30 million. many Brighton residents is that the City has five outstanding female servicewomen, one Viejas is a proud union employer and workers been able to accomplish all of this while still selected from each branch of the military. of the casino are part of Communication retaining its small town atmosphere that These women serve their respective branches Workers of America Local 9400. Viejas is makes it so attractive by opening six new with honor, dignity, and courage. These highly leading the way in bringing together commu- neighborhood parks last year. decorated leaders chose to defend our free- nities and setting a great example of con- Mr. Speaker, I am pleased to congratulate dom and embody the spirit of those that ducting business. Brighton’s Mayor, Jan Pawlowski, and all the served before them. Congratulations to Viejas on receiving La- citizens of the City for Brighton’s recognition From the United States Marine Corps, we bor’s 2005 ‘‘Spirit of Cooperation Award.’’ as the Large Community of the Year. It is only will honor Sergeant Major Ramona D. Cook f appropriate that the entire State acknowledge who was deployed to Kuwait in February RECOGNIZING MONTGOMERY the City’s efforts and achievements. 2003, to join her unit, Marine Heavy Helicopter COUNTY, TENNESSEE MEMORIAL Squadron 462 (Heavy Haulers), in support of f DAY 2005 Operation Iraqi Freedom. The Heavy Haulers IN HONOR OF KSBW’S THIRD CON- remained there until September 29, 2003. SECUTIVE USC ANNENBERG On October 15, 2004 SgtMaj Cook and HON. MARSHA BLACKBURN WALTER CRONKITE AWARD FOR members of the Heavy Haulers again de- OF TENNESSEE EXCELLENCE IN TELEVISION PO- ployed in support of the war on terrorism, this IN THE HOUSE OF REPRESENTATIVES LITICAL JOURNALISM time to Bagram, Afghanistan in support of Op- Thursday, May 26, 2005 HON. SAM FARR eration Enduring Freedom. Mrs. BLACKBURN. Mr. Speaker, it is a SgtMgt Cook has repeatedly demonstrated privilege today for me to recognize and thank OF CALIFORNIA outstanding performance, leadership, and de- IN THE HOUSE OF REPRESENTATIVES our Montgomery County, Tennessee veterans. votion to the U.S. Marine Corps, as is evi- Our community has not forgotten the sac- Thursday, May 26, 2005 denced by the awards she has received, rifices made by our Tennessee veterans, and Mr. FARR. Mr. Speaker, I rise today to which include two Navy Marine Corps Com- so on Monday, May 30, 2005, Montgomery honor and recognize the achievements of a mendation Medals, and four Navy Marine County will dedicate a monument in Clarks- news channel local to my congressional dis- Corps Achievement Medals. ville, Tennessee to honor these veterans. trict. KSBW, as part of the Hearst-Argyle Tele- SgtMgt Cook continues to distinguish herself These are the men and women who fought vision Inc., received the Walter Cronkite as an invaluable leader in the U.S. Marine and died for our freedoms, and we cannot Award for Excellence in Television Political Corps, and it is an honor for each Member of thank them enough for their sacrifices. Journalism for the third consecutive year this the Congressional Caucus for Women’s Generations of veterans live in Montgomery past March. Issues to recognize the courage and commit- County, and this great community will forever Frequently we hear that quality, unbiased ment of SgtMgt Cook and all women in the be thankful to them. As home to Fort Camp- journalism is a thing of the past. However, military. bell, few understand better the work our Na- KSBW and Hearst-Argyle Television Inc. prove f tion’s military does day in and day out to de- the critics wrong. The Walter Cronkite Award VIEJAS BANK OF KUMEYAAY INDI- fend America. God Bless. for Excellence in Television Political Jour- ANS RECEIVES LABOR’S SPIRIT f nalism is an award that recognizes the impor- OF COOPERATION AWARD tance of good, unbiased political journalism. STATEMENT ON PUEBLO That some of the best minds in journalism CHEMICAL DEPOT would agree that KSBW and Hearst-Argyle HON. BOB FILNER Television Inc. deserve this award 3 years in OF CALIFORNIA HON. MARK UDALL a row is a testament to this station’s high qual- IN THE HOUSE OF REPRESENTATIVES OF COLORADO ity and merit. Thursday, May 26, 2005 IN THE HOUSE OF REPRESENTATIVES This continued commitment to excellence in Mr. FILNER. Mr. Speaker, today I honor the Thursday, May 26, 2005 journalism serves as a model for all news or- Viejas Band of Kumeyaay Indians for receiving Mr. UDALL of Colorado. Mr. Speaker, I am ganizations. I would also like to commend Mr. the ‘‘Spirit of Cooperation Award’’ by the San glad that the Pueblo Chieftain recognized in a Joe Heston, President and General Manager Diego-Imperial Counties Labor Council, AFL– May 18 editorial the attention Representative of KSBW, for his management, vision, and in- CIO. JOHN SALAZAR has focused on the demili- terest in the community. Mr. Speaker, I hope The Viejas Band, one of the remaining 12 tarization project at the Pueblo Chemical that my colleagues will join me in honoring bands of the Kumeyaay Indian Nation, has ap- Depot, a former chemical weapons site lo- KSBW and Hearst Argyle Television Inc.’s proximately 289 members living on the 1,600 cated in southeastern Colorado, since he was achievements and wish them continued acre reservation in the Viejas Valley, east of sworn into office in January. success. Alpine. Representative SALAZAR is aware, as I am f The Viejas Band is recognized as a sov- as a member of the Colorado delegation and CONGRESSIONAL CAUCUS FOR ereign government by the United States, with of the Armed Services Committee in the WOMEN’S ISSUES RECOGNIZES which it maintains a government-to-govern- House, that a continued flow of funds to the SERGEANT MAJOR RAMONA D. ment relationship. Only a few years ago, demilitarization project is critical. That’s why I COOK Viejas Reservation unemployment was as high was pleased that the Defense Authorization as 80 percent. Today, as a result of revenues bill reported out of the Armed Services Com- HON. ILEANA ROS-LEHTINEN from tribal government gaming and other busi- mittee last week and voted on by the House ness enterprises, every Viejas tribal member OF FLORIDA yesterday includes language directing the Sec- has a job and no tribal members are on wel- IN THE HOUSE OF REPRESENTATIVES retary of the Army to continue to implement fare. The band has built new homes, improved fully the neutralization technology at Pueblo. Thursday, May 26, 2005 older residences, expanded the Tribal Govern- Coloradans were alarmed last year when the Ms. ROS-LEHTINEN. Mr. Speaker, I rise ment Center, and has constructed a commu- demilitarization project was put on hold, so today on behalf of Congresswomen BROWN- nity park, fire station, and a senior citizen cen- they want to see that the Defense Department WAITE, SOLIS, CAPPS and the entire Congres- ter. is committed to using the neutralization tech- sional Caucus for Women’s Issues to recog- In addition, the band has embarked on a nology to destroy the 2,600 tons of mustard nize the 8th Annual Women in the Military multi-million dollar series of environmental agent stored at Pueblo—not transporting the Wreath Laying Ceremony hosted by the Cau- projects to restore the reservation land, water- weapons to a different site for destruction. cus at Arlington National Cemetery. The Pur- shed, streams and wetlands. Gaming has cre- I also want to call attention to language in pose of this event is to honor our Nation’s ated approximately 12,000 jobs, primarily for the bill that would transfer program responsi- servicewomen and female veterans for their non-Indian residents of the San Diego Region. bility from the Under Secretary of Defense for courage and achievements, and to remember In 2001, the estimated payroll for gaming Acquisition, Technology, and Logistics to the women who have died in service to the United Tribes was more than $237 million, and em- Secretary of the Army. I understand that ob- States. ployer-paid Federal and State payroll taxes jection to this transfer in the past was due to

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.012 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1107 the preference of the Program Manager for use some recycled parts from a similar sys- recognized with the ‘‘Outstanding Dedication Chemical Destruction under the Department of tem that has finished its work at Aberdeen Award’’ by the San Diego-Imperial Counties the Army for baseline incineration. Now that Proving Grounds in Maryland. If that could Labor Council, AFL–CIO. be a net savings to taxpayers, we’re all for it. the Defense Department is committed to the Delays and mismanagement have sky- Crosby Milne’s early upbringing was unfortu- neutralization approach, and given the numer- rocketed the cost of destroying this Nation’s nately marred by frequent moves and arbitrary ous GAO reports and testimony to Congress chemical weapons. The sooner the job gets acts of discrimination. As a result, Crosby be- stating that effective management of the done, the better. came fundamentally opposed to any forms of chemical demilitarization program has been f discrimination. He used those early childhood hindered by the complexity of its management experiences as a barometer to make good structure, it appears to make sense to pursue CONGRESSIONAL CAUCUS FOR choices throughout life and guide his actions. WOMEN’S ISSUES RECOGNIZES the transfer. Still, I’ve asked Chairman HUNTER Crosby served five years in the United States to follow this move closely to ensure that this DRILL SERGEANT JENNIFER R. Navy, and in those years, he played many proposed change in oversight of the project FOWLER roles. He spent 29 years working his way up doesn’t change the path forward for the devel- to become a top manager. Throughout his opment of the neutralization technology. HON. ILEANA ROS-LEHTINEN work he discovered that following a set of val- I’m glad that both Democratic and Repub- OF FLORIDA ues is the best way to manage. He has used lican members of the Colorado delegation un- IN THE HOUSE OF REPRESENTATIVES this concept ever since. In 1974, he began derstand the importance of getting the job Thursday, May 26, 2005 work as a management consultant for com- mercial firms and for dozens of nonprofit orga- done right at Pueblo. I will continue to work Ms. ROS-LEHTINEN. Mr. Speaker, I rise nizations, including the United Farm Workers with my colleagues to ensure this happens. today on behalf of Congresswomen BROWN- For the benefit of my colleagues, I’ve at- and Cesar Chavez. WAITE, SOLIS, CAPPS and the entire Congres- tached a May 18 editorial from the Pueblo For the past several years, Crosby has sional Caucus for Women’s Issues to recog- been a volunteer for the San Diego-Imperial Chieftain. nize the 8th Annual Women in the Military [From the Pueblo Chieftain, May 18, 2005] Counties Labor Council, generously dedicating Wreath Laying Ceremony hosted by the Cau- his time and ideas for the betterment of work- TRUST, BUT VERIFY cus at Arlington National Cemetery. The pur- ers throughout San Diego and Imperial Coun- There appears to be bureaucratic wran- pose of this event is to honor our nation’s ties. He has facilitated various staff retreats gling over control of the chemical weapons servicewomen and female veterans for their destruction program at Pueblo Chemical and meetings as well as sat on various com- courage and achievements, and to remember Depot, and Representative John Salazar is mittees. He provides wonderful insight and as- women who have died in service to the United pledging to keep a close eye on develop- sessments. Crosby was also very instrumental States. ments. in forming the Center on Policy Initiatives. Representative Salazar reports that the Today, we have the opportunity to recognize Army approached him directly with informa- five outstanding female servicewomen, one Crosby’s opinion is highly revered, as he tion that the Pentagon wants the job under selected from each branch of the military. speaks from life experience. We congratulate Crosby for receiving this the direct oversight of the Army, rather These women serve their respective branches year’s ‘‘Outstanding Dedication Award’’ from than the Assembled Chemical Weapons Al- with honor, dignity, and courage. These highly ternative program, or ACWA. ACWA has decorated leaders chose to defend our free- the San Diego-lmperial Counties Labor Coun- been the agency favored by local critics of dom and embody the spirit of those that cil. the Army, which originally planned to build f an incinerator to demilitarize the weapons. served before them. Representative Salazar, taking note of re- From the United States Army, we will honor IN HONOR OF THE 75TH ANNIVER- cent developments in Congress to get the Drill Sergeant Jennifer R. Fowler. Drill Ser- SARY OF THE NEW YORK COUN- work back on track after numerous delays, geant Fowler has served in the Army in a vari- TY LAWYERS ASSOCIATION’S said the Army’s track record warrants close ety of duty stations and capacities. Her de- HOME OF LAW monitoring to see that nothing else gets de- ployments include: Operation Distant Haven- railed. It was this long series of delays which Suriname, and Operation Safe Haven Pan- earlier this month prompted Congress to ap- HON. JERROLD NADLER ama. prove provisions in a supplemental budget OF NEW YORK Drill Sergeant Fowler’s awards and decora- bill that included $327 million and explicit IN THE HOUSE OF REPRESENTATIVES language requiring the Pentagon to destroy tions include the joint Meritorious Unit Award, the weapons at Pueblo and the Blue Grass Meritorious Service Medal, Army Commenda- Thursday, May 26, 2005 Chemical Depot in Kentucky. This week the tion Medal, Army Achievement Medal, Good Mr. NADLER. Mr. Speaker, I rise today to Senate Armed Services Committee added $20 Conduct Medal, Army Reserve Component honor the New York County Lawyers Associa- million. Achievement Medal, Global War on Terrorism tion (NYCLA), and the 75th anniversary of its The demilitarization provision was co- Service Medal, and the Army Overseas Serv- building, located at 14 Vesey Street in New sponsored by Colorado’s two senators, Wayne ice Ribbon. York City. This location, in the heart of both Allard and Ken Salazar, and Representative Drill Sergeant Fowler has repeatedly dem- Salazar. my District and Lower Manhattan, has been Ross Vincent, a member of the local Citi- onstrated outstanding performance, leader- the home of NYCLA and its many charitable zens Advisory Commission and a supporter of ship, and devotion to the U.S. Army as is evi- and educational programs, all of which further ACWA, is wary of having the Army take di- denced by the fact that she was recently se- its primary purpose of serving the public inter- rect control of the project. The Army may lected as the 2004 RC TRADOC Drill Ser- est. realize it needs to mend fences, because Rep- geant of the Year. Tonight’s celebration will feature many of resentative Salazar made a point of noting Drill Sergeant Fowler continues to distin- New York City’s most esteemed scholars. that the Army volunteered the information guish herself as an invaluable leader in the They include the Hon. Judith Kaye, Chief that the Pentagon now wants that military Army, and it is an honor for each Member of branch to be in direct control. Judge of the State of New York, Hon. John M. Representative Salazar has sized up the the Congressional Caucus for Women’s Walker Jr., Chief Judge of the U.S. Court of situation quickly since his House induction Issues to recognize the courage and commit- Appeals, Second Circuit, Michael Cardozo, in January. We are pleased that has given ment of Drill Sergeant Fowler and all women Corporation Counsel for the City of New York, the chemical depot his considerable atten- in the military. and Paul Goldberger, architecture critic for tion. f We also would encourage the congressional The New Yorker. delegation to press the Pentagon to do all of CROSBY MILNE: WINNER OF LA- The Home of Law was designed by leg- the demilitarization work here. There has BOR’S ‘‘OUTSTANDING DEDICA- endary American architect Cass Gilbert, de- been some discussion of perhaps shipping ex- TION AWARD’’ signer of the Woolworth and U.S. Supreme plosives and the neutralized mustard agent Court Buildings, and consulting architect for known as ‘‘hydrolysat’’ off site for final de- the George Washington Bridge. The struction at other plants. HON. BOB FILNER groundbreaking for the Home of Law took OF CALIFORNIA It’s estimated that such transfers would place in 1929 and construction was completed mean the loss of about 200 jobs that other- IN THE HOUSE OF REPRESENTATIVES just five and a half months later, on May 26, wise would be created at Pueblo Chemical Thursday, May 26, 2005 Depot. But at what cost? 1930, exactly 75 years ago today. The ribbon- The Pentagon is looking at one cost factor, Mr. FILNER. Mr. Speaker, today I acknowl- cutting ceremony was attended by such nota- though. Last week officials said they may edge a great friend of labor, Crosby Milne— ble figures as then Court of Appeals Chief

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.017 E26PT1 E1108 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 Judge Benjamin N. Cardozo, Judge Samuel CONGRESSIONAL CAUCUS FOR JEF L. EATCHEL: WINNER OF Seabury, John W. Davis, and City Bar Presi- WOMEN’S ISSUES RECOGNIZES LABOR’S ‘‘SOLIDARITY AWARD’’ dent Charles C. Burlingham. Then-NYCLA SENIOR CHIEF JENSEN President William Nelson Cromwell chose 14 HON. BOB FILNER Vesey Street for the Home of Law because, OF CALIFORNIA with St. Paul’s Chapel across the street, no HON. ILEANA ROS-LEHTINEN IN THE HOUSE OF REPRESENTATIVES building would ever block the view. OF FLORIDA NYCLA, in its 97–year history, has proven Thursday, May 26, 2005 to be a visionary and inclusive organization, IN THE HOUSE OF REPRESENTATIVES Mr. FILNER. Mr. Speaker, today I acknowl- pioneering some of the most far-reaching and edge a great friend of labor, Jef L. Eatchel— Thursday, May 26, 2005 tangible reforms in American jurisprudence recognized with the ‘‘Solidarity Award’’ by the and playing an active role in legal develop- Ms. ROS-LEHTINEN. Mr. Speaker, I rise San Diego-Imperial Counties Labor Council, ments and public policy. NYCLA also bears today on behalf of Congresswomen BROWN- AFL–CIO. Jef L. Eatchel has served as Secretary- the mark of distinction of being the first major WAITE, SOLIS, CAPPS and the entire Congres- Treasurer and Chief Executive Officer for bar association in the United States that ad- sional Caucus for Women’s Issues to recog- mitted members without regard to race, eth- UNITE HERE, Local 30 (formerly, Hotel Em- nize the 8th Annual Women in the Military nicity, religion or gender. NYCLA and its ployees and Restaurant Employees Union, Wreath Laying Ceremony hosted by the Cau- Home of Law serve New York with distinction, Local 30) of San Diego since he was first cus at Arlington National Cemetery. The Pur- and I am pleased to honor them today on the elected in 1985. Jef began his career at Local 75th anniversary of their historic building. pose of this event is to honor our nation’s 30 as a cook at La Costa Resort & Spa, servicewomen and female veterans for their where he was appointed Shop Steward by f courage and achievements, and to remember International Vice-President, Herbert ‘‘Pinky’’ women who have died in service to the United Schiffman. He was appointed as Business IN RECOGNITION OF THE DEDICA- States. TION OF THE LAFAYETTE VET- Representative at Local 30 in 1982. After rep- ERANS MEMORIAL BUILDING Today we have the opportunity to recognize resenting the employees for three years, he five outstanding female servicewomen, one was elected Secretary-Treasurer in 1985. He HON. ELLEN O. TAUSCHER selected from each branch of the military. continues to serve as its Chief Executive Offi- These women serve their respective branches cer. Jef does a great deal of work beyond OF CALIFORNIA with honor, dignity, and courage. These highly UNITE HERE Local 30. He serves as the IN THE HOUSE OF REPRESENTATIVES decorated leaders chose to defend our free- Treasurer to the California Culinary Alliance; he was elected a voting director of the Inter- Thursday, May 26, 2005 dom and embody the spirit of those that national Foundation of Employee Benefits for served before them. Mrs. TAUSCHER. Mr. Speaker, I rise today the West Coast and has served as a Trustee to recognize the dedication of the Lafayette From the United States Coast Guard Re- and member of the Educational Program Veterans Memorial Building in honor of the serves, we will honor Senior Chief Jensen, Committee. He also serves on the Executive contributions and sacrifices of past, present, who currently has an Extended Active duty Committee for the Council of Institutional In- and future Contra Costa County veterans for contract with the Coast Guard and is assigned vestors and is National Vice President for Dis- the freedoms we enjoy in our personal lives to Coast Guard Headquarters, Office of Com- trict 9 for the UNITE HERE International. and for the security we value as a nation. mand and Control Architecture. As chairman of the San Diego Health & When we look around at our homes, neigh- Pension Plan, he founded the Labor Union Senior Chief Jensen enlisted in the Coast borhoods, and institutions like our churches 401K in 1997 which now has forty different Guard Reserves on July 11, 1990 as a Third and schools, we see evidence of the valor and unions participating. He is also the co-founder Class Yeoman. Her first unit was Coast Guard sacrifice of our veterans. We feel safe and of the San Diego Hospitality Training Trust. In protected in the ordinary and extraordinary ac- Reserve Unit Pensacola, Florida, where she these capacities, Jef works tirelessly to assure tivities of our daily lives because our veterans served for five years. In November of 1995, that the hard working union members who fall have made us safe. We are free to believe then a Second Class Petty Officer, she re- under these plans have a safe and secure fi- and speak what is in our hearts because vet- ported to the Gulf Strike Team in Mobile, AL. nancial future. Jef’s innovation, enthusiasm erans have fought for our freedoms to do that. During this period she was sent on special as- and insight bring so much to the working fami- The Lafayette Veterans Memorial Building signment for 6 months to the National Drug In- lies of San Diego. honors the contributions of veterans today, on telligence Center, Johnstown, PA where she People like Jef Eatchel perpetuate these Memorial Day, and every day to come. It is a was one of only five enlisted members to ever qualities and that is why the San Diego Impe- living memorial, created in the heart of this vi- serve. Her second special assignment came rial Counties Labor Council recognize and brant community at the center of community when she was requested for support of the honor him with the 2005 ‘‘Solidarity Award.’’ life. It is intended to serve veterans and their joint agency drug operation, ‘‘Operation Gulf f families throughout Contra Costa County, and Shield’’ in South Texas for a period of seven it is designed to accommodate the broadest TRIBUTE TO THE SCOTT COUNTY months. possible range of needs of veterans as well as AMERICAN LEGION POST 24 those of the community. Senior Chief Jensen has repeatedly dem- The Lafayette Veterans Memorial Building is onstrated outstanding performance, leader- HON. BEN CHANDLER ship, and devotion to the U.S. Coast Guard, also remarkable for being the collaborative OF KENTUCKY as is evidenced by the awards she has re- achievement of Lafayette War Veterans, Inc., IN THE HOUSE OF REPRESENTATIVES the City of Lafayette, the City of Walnut Creek, ceived, which include a Coast Guard Com- and Contra Costa County. Over a number of mendation Medal, Coast Guard Achievement Thursday, May 26, 2005 years, these project partners have come to- Medal, the Coast Guard Commandant’s Letter Mr. CHANDLER. Mr. Speaker, I rise today gether to create this magnificent tribute to of Commendation, Meritorious Unit Com- to honor the Scott County American Legion those who serve. They have blessed the com- mendation Ribbon with Operational distin- Post 24. This Sunday, May 29, they will begin munity with an outstanding example of joint guishing device, both Active Duty and Reserve their annual Memorial Day Pilgrimage. leadership and cooperative decision-making, Good Conduct Medals, the 911 Ribbon, Re- Beginning at 8 a.m., these dedicated vet- as well as with the building itself. serve Forces Medal, Rifle and Pistol Shot Rib- erans, along with family and friends, will de- Mr. Speaker, the Lafayette Veterans Memo- bons at the Marksman level. part from the Scott County Courthouse and rial Building stands as a fitting monument to travel to nine cemeteries to honor and show our veterans whom we honor on Memorial Senior Chief Jensen continues to distinguish respect to our many departed veterans. They Day and in our hearts all year long. It takes its herself as an invaluable leader in the US Ma- will arrive at the Georgetown Cemetery be- part in our community as a reminder of the rine Corps, and it is an honor for each Mem- tween 4:30 and 5 p.m. At this time they will glories of past, present, and future veterans ber of the Congressional Caucus for Women’s also dedicate the stunning new 22 ft. marker and of the work of smart, persevering, and Issues to recognize the courage and commit- honoring all branches of service. dedicated community leaders who have ment of Senior Chief Jensen and all women in The history of this important organization brought their dreams to reality. the military. dates back to the end of World War I, when

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.021 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1109 15 surviving veterans returned to their homes States. These are not treaties or trade agree- To all the brave men and women who have in Scott County. This first pilgrimage was ments approved by Congress—these were Ex- served and now serve in our armed made in three horse drawn buggies to three ecutive Branch agreements not subject to re- forces... different cemeteries. view by Congress. Thank you, on behalf of a grateful Nation. Mr. Speaker, this Memorial Day weekend, it Thus, the Buy American laws are basically f is important we honor and pay tribute to all worthless. There are so many holes in the law who have served or are currently serving in that it means nothing when a company says TOM WOOD: LABOR LEADER OF the Army, Navy, Marine Corps, Air Force, they comply with the Buy American Act. The THE YEAR! Coast Guard and Merchant Marines. At a time exception—and it’s a big one—is that the do- when we have thousands of men and women mestic content requirement doesn’t have to be HON. BOB FILNER still in harms way in Iraq and Afghanistan, it is met if the items are procured from certain des- OF CALIFORNIA essential we all take a moment to remember ignated countries. IN THE HOUSE OF REPRESENTATIVES The Pentagon has MOUs with 21 developed their great service and sacrifice. Thursday, May 26, 2005 The annual Memorial Day Pilgrimage of the countries that waive the Buy American Act be- Scott County American Legion Post 24 is a cause the Defense Department has deter- Mr. FILNER. Mr. Speaker, today I acknowl- truly wonderful way to honor the men and mined that, for these countries, complying with edge a great friend of labor, Tom Wood— women of the Armed Forces. I am sincerely the BAA is ‘‘inconsistent with the public inter- named the ‘‘Labor Leader of the Year’’ by the grateful for their efforts. est.’’ Basically, a company getting an award San Diego-Imperial Counties Labor Council, f from the Pentagon can claim compliance with AFL–CIO. the Buy American Act without having to actu- Tom began his career as a Distribution NATIONAL DEFENSE AUTHORIZA- ally make anything here, as long as the com- Clerk with the United States Postal Service as TION ACT FOR FISCAL YEAR 2006 ponents come from one of the 21 countries. a member of the American Postal Workers Too often, agencies claim they need the Union (APWU—Local 197) in January 1972. SPEECH OF best for the least, implying that Americans Within six months, he became a Shop Stew- HON. DONALD A. MANZULLO can’t make the best or compete on price and ard and started representing employees’ rights. He noticed that other employees need- OF ILLINOIS quality. But ‘‘best value’’ is the standard, which means price shouldn’t be the reigning factor. ed representation because they were too shy IN THE HOUSE OF REPRESENTATIVES The best value for Americans is to have a to represent themselves; he then became in- Wednesday, May 25, 2005 strong industrial base and we can’t do that if volved in assuring that employees would be The House in Committee of the Whole DOD forces U.S. companies to compete on treated fairly and justly. House on the State of the Union had under price with foreign companies that are owned, In 1974, Tom was elected as Clerk Craft Di- consideration the bill (H.R. 1815) to authorize subsidized, or controlled by their governments. rector and subsequently has represented the appropriations for fiscal year 2006 for mili- It is important to remember that this amend- APWU in several capacities since: Secretary- tary activities of the Department of Defense, ment does not increase the share of the Buy Treasurer, Executive Vice President and as to prescribe military personnel strengths for American content, but simply codifies the con- the President of his Local Union since 1990. fiscal year 2006, and for other purposes: tent percentage of what is in existing regula- He has been the APWU chief negotiator for all Mr. MANZULLO. Mr. Chairman, I thank Mr. tion. local contracts for San Diego represented em- HUNTER, Chairman of the House Armed Serv- f ployees, and has made it a point to see that ices Committee, for including my amendment all postal managers treat employees with dig- in the en bloc package. HEROES EARNED RETIREMENT nity and respect. Tom has established a rep- It is the intent of Congress and in the inter- OPPORTUNITIES ACT utation of vigorously representing his mem- est of national security that we maintain a bers, while still being responsive to the needs SPEECH OF strong and healthy industrial base if we are to of the employer and their constant struggle remain the strongest nation on Earth. Even HON. ILEANA ROS-LEHTINEN with the ‘‘budget.’’ the founder of modern-day capitalism and free OF FLORIDA Tom has served as a member of the Board trade, Adam Smith, recognized the need for a IN THE HOUSE OF REPRESENTATIVES of Directors on the San Diego-Imperial Coun- nation to be able to depend upon its own in- ties Labor Council for the last fifteen years Monday, May 23, 2005 dustrial and agricultural base and not rely on and as President since 2004. Several years foreign sources for its defense needs. We Ms. ROS-LEHTINEN. Mr. Speaker, I would ago, under his leadership, the APWU began cannot maintain our role as global leader on a like to express my support for H.R. 1499, the looking with other labor unions in town to buy pure services-based economy. Heroes Retirement Opportunities Act. This im- their own property, and became partners with This amendment strengthens the Buy Amer- portant legislation allows military personnel the San Diego-Imperial Counties Labor Coun- ican Act, BAA, by restoring the original intent serving combat zones to deduct contributions cil, AFSCME, HERE, CWA and IATSE in Mis- that more than 50 percent of the components to their individual retirement plans. sion Valley’s United Labor Center. in end products purchased by the Department The brave men and women of the United Congratulations Tom Wood, on your rec- of Defense shall be mined, produced, or man- States armed forces risk their lives to defend ognition as ‘‘Labor Leader of the Year’’! ufactured inside the United States. our freedom and to continue the war on terror. f The Buy American Act originally passed These outstanding individuals are called upon Congress during the Great Depression. The to be stronger, braver, and tougher than they HONORING THE LIFE OF intent of Congress was that to qualify under ever thought possible. SERGEANT JACOB SIMPSON the Buy American Act, a company had to have It is our duty to reward the men and women substantially all of a product made, grown, or who risk their lives for our country, and the HON. DARLENE HOOLEY mined in the United States. However, regula- Heroes Retirement Opportunities Act accom- OF OREGON tions implementing the Buy American Act have plishes that goal. This bill will protect as much IN THE HOUSE OF REPRESENTATIVES subsequently redefined ‘‘substantially all’’ to of their pay for the future as possible. mean simply greater than 50 percent. I know first hand the sacrifices our service Thursday, May 26, 2005 Yet even that regulation has been weak- men and women make. My husband retired Ms. HOOLEY. Mr. Speaker, let us recognize ened even further over the years. The Pen- 1st Lieutenant Dexter Lehtinen, was wounded the life and praise the sacrifice of an American tagon has used the ‘‘public interest’’ exception in the Vietnam War by a grenade that almost Hero. to waive the Buy American Act to treat the took his life. Soon my stepson, Aviator 1st Just a few days ago, Sergeant Jacob Simp- purchase of some foreign goods as if they Lieutenant Douglas Lehtinen, is preparing to son was killed in action during a reconnais- were made in America. The original intent of deploy to Iraq. I am certain that he will meet sance patrol in Iraq. the Buy American Act has been undermined individuals who, like his father, have paid a Jacob died as he lived—helping the people by procurement memoranda of understanding, tremendous price to uphold our ideals of free- of Tikrit in their efforts to secure a peace, and MOU, and other agreements with various for- dom and democracy. By passing the Heroes realize their aspirations for a democratic soci- eign countries that permit the substitution of Retirement Opportunities Act, we can do our ety. Oregon mourns his passing. As a society foreign components for components mined, part to assure a more certain future for those we have too few of his character; we will all produced, or manufactured inside the United who risk their lives to protect ours. feel his loss for years to come.

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.025 E26PT1 E1110 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 Jacob was an exceptional young man who RECOGNIZING THE COAST GUARD, In October 2002, the International Court of possessed a kind heart, an inquisitive mind, THE COAST GUARD AUXILIARY, Justice overwhelmingly held that the Peninsula and a dedication to family and friends that was AND THE NATIONAL SAFE BOAT- rightfully belongs to Cameroon. As a result, as uncommon as it was devout. After com- ING COUNCIL the ICJ demanded that Nigeria rapidly and un- pleting his general education studies, Jacob conditionally remove its military, police, and ci- entered the United States Army to build a new SPEECH OF vilian officials from Cameroonian territory. Al- life for himself. Sergeant Simpson was a HON. ILEANA ROS-LEHTINEN most three years later, Mr. Speaker, Nigerian proud, dedicated soldier; he was a team play- military forces are still on the Bakassi Penin- OF FLORIDA er, always willing to volunteer for an extra job, sula. IN THE HOUSE OF REPRESENTATIVES a hard assignment—but he was so much Nigerian President Obasanjo recently has more. Monday, May 23, 2005 taken some admirable steps to combat corrup- He was a patriot—an earnest young man Ms. ROS-LEHTINEN. Mr. Speaker, I wish to tion and advance democracy in his country. who believed citizenship meant responsibility. express my support of H.R. 243, and to recog- On this key issue, however, Nigeria has been Jacob Simpson accepted the duty of being an nize the Coast Guard, the Coast Guard Auxil- less than forthcoming. At the outset of the American as freely as he did its freedoms. iary, and the National Safe Boating Council for Bakassi dispute, President Obasanjo promised True to his nature, Sergeant Simpson used his their efforts to promote National Safe Boating that Nigeria would abide by whatever decision time in uniform to adjust his focus, investigate Week. the ICJ reached. It has not. After the ICJ deci- his academic interests—to develop a plan for I represent Florida’s 18th District, and a sion, Nigeria promised that it would withdraw rest of his life. Jacob planned on attending large portion of my Congressional district is all of its troops by September 2004. It has not. college after his discharge. surrounded by water. To many of my constitu- Mr. Speaker, President Bush recently de- But Jacob will never again enjoy the winds ents, and to many Floridians, boating is a way clared that the United States recognizes and of the Columbia Gorge, the view of Mount of life. National Safe Boating Week reminds us respects its obligations to the International Ashland, or the sounds of his guitar. He re- that even the most experienced boater must Court of Justice. We must ask for nothing less turned to Iraq for a second tour of duty well always be attentive and vigilant to prevent ac- from Nigeria and our other friends in Africa aware of the challenges, the risks, and dan- cidents that hurt or kill thousands of Ameri- and around the world. gers. He gave his last full measure of devotion cans each year. The National Safe Boating f keeping faith with his charge. Council deserves our thanks for its public edu- NATIONAL DEFENSE AUTHORIZA- Jacob Simpson never faltered, never cation efforts. TION ACT FOR FISCAL YEAR 2006 wavered, and never failed—he understood his The Coast Guard’s mission is not limited to duties and sacrificed everything he had, and our home waters. Numerous Coast Guard SPEECH OF everything he never would have, for the ideals vessels are deployed to U.S. Central Com- of liberty. His courage is a lesson for us all. mand in support of Operation Iraqi Freedom, HON. HENRY A. WAXMAN In his brief twenty-four years, Jacob Simp- including two 110-foot patrol boats from South OF CALIFORNIA son made a difference in the lives of thou- Florida—the USCGC Baranof and the USCGC IN THE HOUSE OF REPRESENTATIVES sands. With hope, determination, and uncom- Maui, each with 22 personnel aboard—are Wednesday, May 25, 2005 mon valor—Jacob helped blaze the trail for a currently deployed in Bahrain and patrol in the The House in Committee of the Whole new generation of lraqi’s to have the right to North Arabian Gulf. House on the State of the Union had under choose a new destiny. I join the citizens of South Florida in saluting consideration the bill (H.R. 1815) to authorize It is now up to us left behind, here—to en- the bravery and dedication of the men and appropriations for fiscal year 2006 for mili- sure the life and death of Jacob Simpson is women serving in the United States Coast tary activities of the Department of Defense, remembered—to keep its promise. Let us re- Guard who are keeping the American people to prescribe military personnel strengths for fiscal year 2006, and for other purposes: commit ourselves to the tasks at hand. We safe and who are defending our freedom both must never forget. at home and abroad. Mr. WAXMAN. Mr. Chairman, under the cur- rent Administration, waste, fraud, and abuse in f f federal contracts have proliferated. No-bid PERSONAL EXPLANATION contracts have soared. Oversight of federal TRIBUTE TO DONALD ‘‘DONNIE’’ contracts has often been turned over to pri- YOUNG HON. KENNY C. HULSHOF vate companies with blatant conflicts of inter- OF MISSOURI est. Billions of dollars have been squandered HON. THOMAS G. TANCREDO IN THE HOUSE OF REPRESENTATIVES on contracts that enrich private companies but OF COLORADO provide little or no benefit to the taxpayer. Thursday, May 26, 2005 IN THE HOUSE OF REPRESENTATIVES Yesterday, at the Rules Committee, I of- fered an amendment to the Defense Author- Thursday, May 26, 2005 Mr. HULSHOF. Mr. Speaker, on May 19, 2005, during consideration of H.R. 2361 the ization Bill to help restore integrity to the fed- Mr. TANCREDO. Mr. Speaker, I rise today Fiscal Year 2006 Department of the Interior, eral contracting process. The amendment to pay tribute to one of my constituents, Don- Environment, and Related Agencies Appro- would have prohibited contractor conflicts of ald ‘‘Donnie’’ Young, a Denver policeman who priations Act, I inadvertently recorded my vote interest and stop the use of abusive ‘‘monop- tragically lost his life in a senseless act of vio- as ‘‘No’’ on the amendment offered by Mr. oly contracts.’’ It would have also ensured lence earlier this month. BEAUPREZ to increase funding for Wildland greater transparency and accountability. I am Detective Young was 43 years old, a de- Management (Rollcall Vote No. 195). It was deeply disappointed that the Rules Committee voted husband and a father. He was a 12-year my intent to record my vote as ‘‘Aye’’ on this refused to make the amendment in order and veteran of the Denver Police Department and amendment. allow an open debate on this important issue a recipient of the police Medal of Honor. Fel- f on the House floor. low officers remembered Donnie as a well- This Administration now relies on oversight liked, friendly man with a care-free attitude IGNORING INTERNATIONAL LAW: contractors with conflicts of interest. In March who adore his family. He was a running back NIGERIA’S CONTINUING PRES- 2004, the Defense Department awarded seven on the police football team and an avid Harley ENCE ON CAMEROON’S BAKASSI contracts to help oversee the implementation motorcycle rider. PENINSULA of a larger number of Iraqi reconstruction con- His tragic death has saddened and will con- tracts. One of the oversight contractors, CH2M tinue to be felt by the entire Denver commu- HON. JOHN SHIMKUS Hill, has ongoing domestic contractual relation- nity. He will no doubt be sorely missed by all, OF ILLINOIS ships with three of the four firms it oversees: and most of all those who knew and loved IN THE HOUSE OF REPRESENTATIVES Washington Group International, Fluor, and him. AMEC. On behalf of the House of Representatives, Thursday, May 26, 2005 My amendment would have ensured that I want to take this time to express my deepest Mr. SHIMKUS. Mr. Speaker, I rise today to oversight contractors are truly independent, sympathy and heartfelt condolences to Mr. draw attention to the continued failure of the without any business or contractual relation- Young’s family and friends. Nigerian Government to respect international ships with the companies whose contracts Thank you, Mr. Speaker. law regarding Cameroon’s Bakassi Peninsula. they are helping to assess.

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.030 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1111 My amendment would have prohibited the Numerous reports suggest that mental ill- cans may disagree on when, where, or if the abusive practice of monopoly contracts, requir- ness is highly prevalent in nursing homes, with country should go to war but we must all ing the Administration to use contract vehicles mental health problems affecting more than 80 agree that the men and women who stand that allow multiple contractors to compete for percent of the residents. These mental dis- ready to sacrifice their lives for their Nation individual projects. That way we could have orders—including major depression, anxiety, deserve nothing less than the respect and ad- some competition between the companies at and severe cognitive impairment of Alz- miration of us all. As we commemorate the the project level—and competition is the best heimer’s disease—interfere with a person’s contributions of our fallen soldiers on this Me- way to control costs. ability to carry out activities of daily living. Fur- morial Day, I want to pay special tribute to Finally Mr. Chairman, my amendment would thermore, older people have the highest rate Sergeant Cornelius Charlton and Private First have required the Department to submit to ap- of suicide of any age group, accounting for 20 Class William Thompson, two brave African propriate congressional committees a list of all percent of all suicide deaths. Thus, access to American soldiers from the South Bronx who audits that find more than $1 million in con- mental health services for seniors in nursing were posthumously awarded the Congres- tractor overcharges, and to provide full copies homes is critically important. sional Medal of Honor for their outstanding of specific audits requested by the chairmen Clinical social workers are highly trained service in the Korean War. The stories of and ranking members of those committees. In mental health professionals and have been these two soldiers are dramatic but largely un- this way, the amendment would have en- approved providers in the Medicare program known. hanced the ability of Congress to discover since 1987. They provide 61 percent of mental Sergeant Charlton was living in the Bronx, contractor abuses and promoting greater health treatment in our country, and constitute New York when he enlisted. Originally as- transparency. the single largest group of mental health pro- signed to a desk job, Charlton volunteered for Unfortunately, the current Administration has viders in the United States. Clinical social combat duty with Company C of the 24th In- tried to hide contractor overcharges from Con- workers are also cost effective because they fantry Regiment of the 25th Infantry Division. gress, international auditors, and the public, are paid less than Medicare’s other mental On June 2, 1951, Charlton’s platoon com- impeding oversight and diminishing account- health providers. They are reimbursed at 75 mander was wounded and evacuated from the ability. percent of the rate paid to psychologists. field. Charlton took command of the unit’s as- For example, for months the Defense De- Sadly, in many cases vulnerable nursing sault against Hill 543 and knocked out two partment refused to provide copies of audits home residents have no access to mental enemy positions. Even though he had suffered completed by the Defense Contract Audit health services when highly skilled CSWs are a serious wound, Charlton led a third charge Agency relating to Halliburton’s oilfield recon- unable to bill Medicare Part B for services in to capture the hill. Without regard for his own struction work in Iraq. Slowly, we gained ac- SNFs. Rural and other medically underserved safety, he personally attacked the last enemy cess to these reports through unofficial chan- areas are particularly disadvantaged because position on the other side of the hill. Fatally nels. The first report showed overcharges of psychiatrists and psychologists are often un- wounded by a grenade, Charlton struggled on- more than $100 million. We now have six of available. ward and single handedly took out the enemy. these audits, and the overcharges exceed Before the Balanced Budget Act of 1997, As a result of his indomitable courage, superb $212 million. To this day, we have still not re- clinical social workers were able to bill Medi- leadership, and gallant self sacrifice, Sergeant ceived the remaining audits under this con- care directly for providing mental health serv- Charlton was posthumously awarded the Pur- tract. ices to SNF residents, just like clinical psy- ple Heart and the Congressional Medal of By refusing to allow a debate on the com- chologists and psychiatrists. Their current ex- Honor. mon sense changes proposed by my amend- clusion from this provider list is indefensible. Private First Class Thompson enlisted in the ment, the Republican leadership in Congress The ultimate victims of the current regula- army in 1945 at the young age of 18. His ad- is trying to bury these serious problems as tions are the vulnerable seniors who need dress at time of enlistment was the Home for well. mental health care. Mental health treatment Homeless Boys in the Bronx. Thompson was I will vote for this bill. I support our troops works. Alzheimer’s patients and their families described by his friends as being helpful and and this bill will enhance the safety of our men can benefit enormously from psycho-education cheerful but few if any of his friends believed and women in uniform and improve their qual- and counseling around how to cope and man- he could succeed as a soldier. However, he ity of life. But I am deeply concerned that Con- age behavior problems. Research trials have proved them all wrong. On August 2, 1951 gress is not doing nearly enough to stop repeatedly demonstrated that psychotherapy, near Haman, Korea, enemy forces mounted a wasteful and unethical contracting practices. either alone, or in combination with medica- surprise attack on Pfc. Thompson’s unit. Act- f tion, can be effective in treating depression ing quickly and decisively, Thompson set up INTRODUCING THE CLINICAL SO- and debilitating anxiety. his machine gun in the path of the onslaught CIAL WORK MEDICARE EQUITY The Clinical Social Work Medicare Equity and pinned down the enemy, giving his unit ACT Act of 2005 again makes it possible for CSWs time to withdraw to a more tenable position. to provide mental health services in skilled Although hit repeatedly by enemy fire, he con- HON. FORTNEY PETE STARK nursing facilities. This legislation helps to en- tinued to return fire until he was mortally wounded by an enemy grenade. Thompson’s OF CALIFORNIA sure access to needed mental health services IN THE HOUSE OF REPRESENTATIVES for the many Medicare beneficiaries who re- dauntless courage and gallant self sacrifice side in skilled nursing facilities. This bill is a saved the lives of many in his unit and earned Thursday, May 26, 2005 small technical change to existing law, but him a posthumous Congressional Medal of Mr. STARK. Mr. Speaker, today I am would have the enormous effect of improving Honor. pleased to join with my friend and colleague the lives of Medicare beneficiaries in nursing What makes the stories of these two men Rep. JIM LEACH (R-IA) to introduce the Clinical homes who are suffering from mental illness. so outstanding is the fact they were African Social Work Medicare Equity Act of 2005. We urge our colleagues to work with us to Americans fighting for a country that refused Sen. MIKULSKI is introducing the companion enact this important legislation this year. to fight for them. These two men epitomized bill in the Senate. This simple, bipartisan bill f every characteristic we expect our soldiers to would greatly improve access to mental health possess: selflessness, dignity, courage and services for Medicare beneficiaries in skilled MEMORIAL DAY TRIBUTE TO honor. nursing facilities (SNFs) by allowing clinical BRONX WAR HEROES Mr. Speaker, fortunately, there is a group of social workers to direct bill for their services. dedicated veterans, the Friends of Charlton This legislation seeks to correct a flaw in the HON. JOSE´ E. SERRANO Garden, who are working tirelessly to preserve Balanced Budget Act of 1997 with respect to OF NEW YORK the memory of these fallen heroes in the Medicare coverage of clinical social work serv- IN THE HOUSE OF REPRESENTATIVES Bronx by establishing a memorial park aptly ices to nursing home residents. The law omits named the Charlton-Thompson Korean War Certified Social Workers (CSWs) from a list of Thursday, May 26, 2005 Veterans Memorial. I am proud of the work clinical professionals allowed to directly bill Mr. SERRANO. Mr. Speaker, the ongoing that the Friends of Charlton Garden are doing Medicare Part B for mental health services wars in Iraq and Afghanistan are a constant to ensure this monument stands as a symbol provided to Medicare beneficiaries in SNFs. reminder of the high cost of war. As they have of gratitude to the selfless acts of heroism dis- As a result of this omission, Medicare bene- done throughout America’s history, selfless played by all of our fallen soldiers, and I know ficiaries in nursing homes often go without men and women continue to make the ulti- in my heart that we as a legislative body must necessary mental health services. mate sacrifice for our country. We as Ameri- do more to supplement their good works. I’m

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.035 E26PT1 E1112 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 sure that the Friends of Charlton Garden HONORING THE NATIONAL FED- tion on its 50th anniversary and to thank its would agree that we can build no monument ERATION OF INDIAN AMERICAN members for their enduring commitment to large or grand enough to honor the men and ASSOCIATION (NFIA) youth athletics throughout the Naperville com- women who made the ultimate sacrifice for munity. this country. The closest we can come to re- HON. FRANK PALLONE, JR. The Naperville Baseball Association is an paying these soldiers is to work to ensure that OF NEW JERSEY institution that, for a half-century, has provided the world knows war no more. As idealistic IN THE HOUSE OF REPRESENTATIVES local children with a fun, safe way to play or- ganized baseball. The association will be hon- and impossible as it may seem it is what their Thursday, May 26, 2005 souls cry out for. So, Mr. Speaker, it is what ored as part of ‘‘Naperville Baseball Day’’ on I will continue to work for and it is what I ask Mr. PALLONE. Mr. Speaker, it is with great June 3, celebrating ‘‘baseball at its best for the my colleagues to work for. Surely, there can pleasure that I rise on the House floor this past 50 years.’’ be no greater monument to our soldiers than evening to highlight the National Federation of As a mother and a grandmother, I fondly re- peace. Indian American Associations (NFIA). NFIA is call my days of shepherding kids to and from an umbrella organization for over 200 associa- various youth sporting events in my station tions, all of which represent the 2.2 million wagon. As a former youth soccer coach, I re- f Americans of Indian origin. member trying to balance winning while ensur- HONORING THE LIFE OF SISTER Since the establishment of NFIA in 1980, ing that all the kids got a chance to play and DOROTHY STANG the organization has served the Indian Amer- have fun. ican community at the local, State and na- Each year as spring rolls around, kids SPEECH OF tional level, by protecting the basic civil rights across America grow excited with anticipation of Indian Americans and by promoting their for baseball season. They come to the field HON. MICHAEL R. TURNER rich cultural heritage. NFIA is a secular organi- hoping to emulate their big league idols, while OF OHIO zation that accepts membership from all Indian their parents line the stands, anxious to see IN THE HOUSE OF REPRESENTATIVES Americans, irrespective of religious, regional, their son morph into the next Mickey Mantle or ethnic, professional or political affiliation. In Ernie Banks, slamming the ball out of the Monday, May 23, 2005 addition to representing and encouraging polit- park. After games, parents and kids, coaches Mr. TURNER of Ohio. Mr. Speaker, I am an ical participation by Indian Americans, NFIA is and teammates, all congratulate one another original co-sponsor of H. Con. Res. 89, legis- also active in promoting strong relations be- and often celebrate over pizza or heaping lation to honor a truly distinguished native of tween the United States and India. scoops of ice cream. Mr. Speaker, this is the city of Dayton, which I represent in Con- NFIA is very active in the area of raising youth baseball at its very best. gress, Sister Dorothy Stang. funds for natural disasters, both in the U.S. As our national pastime, baseball holds a Sister Stang was brutally murdered in Brazil and India, and has funded many charitable special place in the hearts of so many Ameri- on February 12. She was a Sister of Notre projects. NFIA holds biennial conventions in cans. For generations, families have bonded Dame de Namur, and had moved to the Ama- various parts of the country to discuss, delib- over hot dogs and Cracker Jack at Wrigley zon region of Brazil 22 years ago to help im- erate, and debate the contemporary issues Field, Comiskey Park, and other legendary ca- poverished families in the Amazon learn how facing the community. Lastly, NFIA conducts thedrals of summer. But as vital as these fa- to engage in sustainable farming, and help annual receptions on Capitol Hill in an effort to milial baseball bonds are to encouraging a love of the game, organized baseball also re- them in their struggle for land rights. It was strengthen long-lasting relationships with mains an excellent resource for teaching in- while she was working for the poor that she Members of the House and Senate and to ad- valuable life skills like teamwork, friendship, was murdered. It was as Sister Stang was vance its agenda on behalf of Indian Ameri- and sportsmanship. traveling to a meeting of impoverished farmers cans and U.S.-India relations. In closing Mr. Speaker, I would like to honor The Naperville Baseball Association has that two gunmen approached her. Sister Stang promoted this vision of pure, timeless baseball read from the Bible to the gunmen, who nev- the National Federation of Indian American Associations (NFIA) for its dedicated service. for more than 50,000 children over its 50-year ertheless shot her several times. history. I am proud to add my voice to the f Sister Stang’s commitment to the poor, her many who wish to say thanks, and I am con- quest for fair treatment of those who felt they BAKASSI PENINSULA fident they will keep up the good work for at did not have a voice, and her belief in the least another 50 years. power of faith serve as an example from HON. CHRIS CHOCOLA f which we all can draw valuable lessons. It is OF INDIANA HONORING THE RECIPIENTS OF fitting that the House of Representatives will IN THE HOUSE OF REPRESENTATIVES vote today to draw the attention of the Con- THE 21ST ANNUAL PROSECU- gress and our Nation to the life of this selfless Thursday, May 26, 2005 TORS’ OFFICE AWARDS and inspirational woman. Mr. CHOCOLA. Mr. Speaker I would like to share with my colleagues a situation that has HON. ROBERT E. ANDREWS f been brought to my attention. An October OF NEW JERSEY 2002 ruling by the International Court of Jus- IN THE HOUSE OF REPRESENTATIVES HONORING THE 70TH BIRTHDAY OF tice affirmed that the disputed Bakassi Penin- Thursday, May 26, 2005 ROBERT HEDGER sula belongs to The Republic of Cameroon. I urge the nations of Cameroon and Nigeria to Mr. ANDREWS. Mr. Speaker, I rise today to act in accordance with this ruling and move honor the recipients of the 2005 Prosecutors’ HON. STEVE ISRAEL Office Awards. These remarkable individuals OF NEW YORK expeditiously to withdraw Nigerian troops and delineate the final border. Continued talks be- have helped build a safer community through IN THE HOUSE OF REPRESENTATIVES tween the two parties are greatly encouraged, their faithfulness and perseverance while on Thursday, May 26, 2005 and it is my hope they will lead to an effective duty. The following are this year’s awards and recipients. resolution. Mr. ISRAEL. Mr. Speaker, I rise today to A Commendation for Valor is awarded to an send the Congress’s birthday wishes to Robert f officer for an extraordinary act of outstanding Hedger on the occasion of his 70th birthday CONGRATULATING THE courage, without regard for personal safety, celebration. Father to Matthew, Sarah, Adam, NAPERVILLE BASEBALL ASSO- while in actual combat with an armed and Douglas and Stephen—a valuable member of CIATION ON ITS 50TH ANNIVER- dangerous perpetrator. This year a Com- my personal staff—and grandfather to Allison, SARY mendation for Valor will be awardbd to the fol- Jonathon, Samuel, Kristina and Sarah, Robert lowing people: Officer Shay Sampson; Officer has brought a wonderful family into this world. HON. JUDY BIGGERT Melva Moss; Officer Buddy Camp. I offer my best wishes for continued good A Commendation for Heroism is awarded to OF ILLINOIS health and good fortune for he and his family an officer for an act of outstanding courage, IN THE HOUSE OF REPRESENTATIVES and for many more gatherings such as that without regard for personal safety, which re- which he will hold this Memorial Day weekend Thursday, May 26, 2005 sults in the saving of a life, or the futile at- when he will be surrounded by his loved ones Mrs. BIGGERT. Mr. Speaker, I rise today to tempt to save a life. A Commendation for Her- at his home in Corea, Maine. congratulate the Naperville Baseball Associa- oism may also be awarded to an officer who

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.038 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1113 makes an outstanding arrest while confronting commitment to advancing law enforcement in But when she gets on the baseball field she an armed and dangerous perpetrator. This their community. All of these men and women lets her pitching do the talking. And she rocks! year a Commendation for Heroism will award- have committed themselves to improve the Brownell is the only girl in the Oakfield, Ala- ed to the following people: Officer Evelyn Car- quality of life for county residents by attacking bama Little League baseball program. She lin; Det. Wayne Matthews. crime at every level. I thank all those who threw a perfect game for the Dodgers in an The Commendation for Merit is given to an have helped to create a safer America by their 11–0 victory over the Yankees. How dominant officer who has demonstrated intelligent and commitment to law enforcement, and encour- was she? Katie struck out all 18 batters she valuable police service. This year the Com- age my colleagues to support them in the U.S. faced, yielding no more than two balls to any mendation for Merit will be awarded to the fol- Congress. Together we can continue to create batter, in a six inning victory. Katie accom- lowing people: Det. Bret Johnson; Inspector better and safer communities throughout the plished something league officials can’t re- Dave McClintock; Sr. Investigator Patricia country. member anyone—boy or girl—ever doing. Taulane; Police Officer Thomas Jeffers; Pa- A Letter of Commendation is awarded to an Brownell is not just good at pitching; she is trolman Kevin Koykka; Sgt. Paul Sims; Ptlm. officer in recognition of police service, who is also great at the plate. Katie’s batting average William Hawkins, Jr.; Ptlm. Sean Plasket; exceptional, and has served beyond the re- is .714. When I first read her story I was so Ptlm. Howard Dawson, IV; Ptlm. Don Stone; quirements of routine duty. This year a Letter excited and inspired by this young girl’s feat. Ptlm. Thomas Farrell; Sr. Investigator C. of Commendation will be awarded to the fol- I was so impressed that I wanted to be sure DeCristofor; Investigator Edgardo Perez; In- lowing people: Inv. Janene Bahr; Det. Ken to come down to the floor and recognize her. vestigator Carlos Plaza; Det. Angel Ramos; Nelson; Sr. Inv. Brian DeCosmo; Ptlm. William She exemplifies what you can achieve re- Sr. Inv. Martin Wolf; Inv James Bruno; Det. Lyons; Ptlm. Thomas Harchaw; Ptlm. Sean gardless of gender. Young women like Katie Eric White; Det. Sgt. Michael Basileo; Sr. Inv. McGann; Inv. William Rummel. also serve to remind us that we can pretty Ron Moten; Inv. Miguel Rubert; Inv. Felix Mar- A Citizen’s Commendation may be awarded much do everything men can, and sometimes tinez; Sr. Inv. Steve Setlles; Det. Thomas to any person who provides a significant con- better. Kalick; Sr. Inv. Diane Wilson; Det. Wayne Mat- tribution to the public safety through a specific f thews; Sr. Inv. John Greer; Det. Edward act of outstanding courage, without regard for Fallon; Det. Sgt. Christopher Leone; Inv. Mi- personal safety, which results in the saving of ON THE INTRODUCTION OF THE chael Dougherty; Inv. Matthew McKeown; Inv. a life or the futile attempt to save a life. This VISION PRESERVATION ACT OF James Pisano; Inv. Robert Norcross; Inv. year a Citizen’s Commendation will be award- 2005 Fawn Ackerman; Inv. Catherine Fisher; Inv. ed to the following people: Ngoc V. Lee; Tra- Jim Dougherty; Sgt. W. Mahan; Inv. John Ellis; cey Evans; Kim Belcher; Greg Parkill; Diane HON. GENE GREEN Det. Scott Beasley; Det. Michael Meyers; Sgt. Schiavone-Loudon; Carlton Loudon; James OF TEXAS Frank Gagliardi; Ptlm. Michael Williams; Ptlm. Davies. IN THE HOUSE OF REPRESENTATIVES Keith Barrett; Sgt. Neil Larson; Inv. Amy A Unit Citation is to be presented to any Jewusiak; Inv. Mike Molle; P/O Gary Badger; Thursday, May 26, 2005 local, State of Federal Law Enforcement Unit, P/O Timothy Tedesco; P/O Robert Kempf; Off. Agency, Department, Strike Force, etc. for out- Mr. GENE GREEN of Texas. Mr. Speaker, J. Valszquez; Off. Parrish Powers; Off. Robert standing performance and accomplishments I rise today to introduce the Vision Preserva- Chew; Off. Michael Fosler; Det. Kirk Williams. made in the public interest. This year a Unit tion Act of 2005. I am proud to introduce this A Letter of Commendation is awarded to an legislation today along with my fellow co- officer in recognition of police service, who is Citation will be awarded to the Camden Anticrime Partnership. chairs of the Congressional Vision Caucus: exceptional, and has served beyond the re- Representative ILEANA ROS-LEHTINEN, quirements of routine duty. This year a Letter The Prosecutor’s Service Award is given to any law enforcement personnel (officer or civil- Repesentative DAVID PRICE and Repesentative of Commendation will be awarded to the fol- PAT TIBERI. The four of us created the Con- lowing people: Inv. Janene Bahr; Det. Ken ian) who, by personal dedication, thorough- ness, competence, and a cooperative spirit, gressional Vision Caucus in 2003 to increase Nelson; Sr. Inv. Brian DeCosmo; Ptlm. William education and awareness of vision problems Lyons; Ptlm. Thomas Harchaw; Ptlm. Sean significantly facilitated the work of the Camden County Prosecutor’s Office in the efficient and among Members of Congress and their staff. McGann; Inv. William Rummel. The Vision Caucus has been fortunate to have A Citizen’s Commendation may be awarded productive administration of justice. This year the support of Prevent Blindness America and to any person who provides a significant con- the Prosecutor’s Service Award will be given many other vision organizations in these ef- tribution to the public safety through a specific to the following people: Timothy Kohlmyer; Sr. forts. act of outstanding courage, without regard for Inv. Kenneth Curcio; Asst. Pros. Mark Chase. In 2004, Prevent Blindness America joined personal safety, which results in the saving of Two special presentations will be made to with the American Academy of Ophthal- a life or the futile attempt to save a life. This Helmrich’s Towing and Father Michael Manion mology, the American Optometric Association, year a Citizen’s Commendation will be award- for their support of the Prosecutor’s Office and Lighthouse International and the National Alli- ed to the following people: Ngoc V. Lee; Tra- Camden County law enforcement. ance for Eye and Vision Research to put to- cey Evans; Kim Belcher; Greg Parkill; Diane The recipients of the 2005 Prosecutors’ Of- gether an action plan to address vision prob- Schiavone-Loudon; Carlton Loudon; James fice Awards have all demonstrated a strong lems. The legislation we introduce today is a Davies. commitment to advancing law enforcement in A Unit Citation is to be presented to any their community. All of these men and women legislative response to the recommendations local, State of Federal Law Enforcement Unit, have committed themselves to improve the outlined in that action plan. Agency, Department, Strike Force, etc. for out- quality of life for county residents by attacking Currently, an estimated 80 million people in standing performance and accomplishments crime at every level. I thank all those who the United States have a potentially blinding made in the public interest. This year a Unit have helped to create a safer America by their eye disease, 3 million have low vision, 1.1 mil- Citation will be awarded to the Camden commitment to law enforcement, and encour- lion are legally blind, and 200,000 are more Anticrime Partnership. age my colleagues to support them in the U.S. severely visually impaired. In my state of The Prosecutor’s Service Award is given to Congress. Together we can continue to create Texas alone, more than 370,000 people suffer any law enforcement personnel (officer or civil- better and safer communities throughout the from diabetic retinopathy. At least 90,000 Tex- ian) who, by personal dedication, thorough- country. ans over 50 live with AMD. And cataracts af- ness, competence, and a cooperative spirit, f fect more than 1.2 million people in my state. significantly facilitated the work of the Camden Despite evidence that half of all blindness County Prosecutor’s Office in the efficient and A SALUTE TO KATIE BROWNELL can be prevented, the number of Americans productive administration of justice. This year who suffer vision loss is expected to double by the Prosecutor’s Service Award will be given HON. LINDA T. SA´ NCHEZ 2030 unless more effective prevention and to the following people: Timothy Kohlmyer; Sr. OF CALIFORNIA treatment efforts can be implemented. The Vi- Inv. Kenneth Curcio; Asst. Pros. Mark Chase. IN THE HOUSE OF REPRESENTATIVES sion Preservation Act will enhance current pre- Two special presentations will be made to vention and treatment efforts by focusing in- Thursday, May 26, 2005 Helmrich’s Towing and Father Michael Manion creased attention on vision research, expand- for their support of the Prosecutor’s Office and Ms. LINDA T. SA´ NCHEZ of California. Mr. ing current federal vision programs, devel- Camden County law enforcement. Speaker, I rise today to salute a young girl oping vision screening standards and pro- The recipients of the 2005 Prosecutors’ Of- who is in a league of her own—Kate Brownell. viding for vision rehabilitation services under fice Awards have all demonstrated a strong Katie is a shy 11-year-old girl of few words. Medicare.

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.044 E26PT1 E1114 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 The Vision Preservation Act builds on the funding to address critical great ape conserva- predators and probably would not seek hous- quality programs currently in operation at the tion needs in Aceh Province, Indonesia. ing assistance if they knew about the HUD re- Centers for Disease Control and Prevention The Great Ape Conservation Reauthoriza- quirement to disclose their personal informa- and the National Eye Institute within the Na- tion Act extends the program’s authorization tion and location. All HUD homeless shelters tional Institutes of Health. These agencies through the year 2010. The contributions of and food banks, domestic violence centers lead the way in health care research and the the Great Ape Conservation Act have been and transitional housing receiving McKinney- prevention of disease, and the enactment of very important, but there is much work yet to Vento Funds are required to input personal this legislation will ensure that appropriate fed- be done. identifying data into the Homeless Manage- eral resources and research are dedicated to- I urge my colleagues to support this legisla- ment Information System Database. This ward stemming the vision diseases that afflict tion. tracking database requires personal identifying too many Americans. f information including names, Social Security I encourage my colleagues to co-sponsor numbers, date of birth, race and ethnicity. This this legislation in recognition of Healthy Vision SAN JUAN NATIONAL FOREST personal information database can be easily Month and ask for their continued support of CENTENNIAL MONTH accessed by personnel working in state, local the Congressional Vision Caucus’s efforts to and federal agencies. help improve the vision of our constituents HON. JOHN T. SALAZAR Mr. Speaker, I am thinking of the victims throughout this nation. OF COLORADO whose abusers readily have access to this f IN THE HOUSE OF REPRESENTATIVES personal information. These abusers may Thursday, May 26, 2005 work in one of these agencies or have the THE GREAT APE CONSERVATION ability to access this database. All they would REAUTHORIZATION ACT OF 2005 Mr. SALAZAR. Mr. Speaker, today I rise in have to do is type in the victim’s name or recognition for the 100th anniversary of the other identifying pieces of information and they HON. GEORGE MILLER creation of the San Juan National Forest in my would immediately know where the victim is OF CALIFORNIA Congressional District in Colorado. staying or the domestic violence shelter they IN THE HOUSE OF REPRESENTATIVES On June 3, 1905 the San Juan National visited. A loophole like this is far too detri- Forest was created through presidential proc- Thursday, May 26, 2005 mental to their safety and could put many vic- lamation by Theodore Roosevelt. This year tims of domestic violence in further danger. Mr. GEORGE MILLER of California. Mr. also marks the centennial of the creation of In order to address this problem, I have in- Speaker, today, with my colleague from Wash- the U.S. Forest Service, the Federal agency troduced the SHIELD Act along with my col- ington, Mr. BAIRD, I am introducing the Great which manages the San Juan National Forest league from Florida, KATHERINE HARRIS. This Ape Conservation Reauthorization Act of and 155 other National Forests across the bill would require any agency participating in 2005. In the 5 years since its enactment, the country. the Homeless Management Information Sys- Act has helped protect threatened primates, The San Juan National Forest encompasses tem to exclude personal identifying information including chimpanzees, gorillas, bonobos, over 1.8 million acres of southwestern Colo- of victims of domestic violence, dating vio- orangutans, and gibbons. This reauthorization rado, an area more than 120 miles wide and lence, sexual assault, or stalking. Instead the is needed to continue progress in this impor- 60 miles long. This great forest has historically legislation recommends the use of nonper- tant field. contributed to the comnunities of southwestern sonal identifying information for data collection The funds provided by the Great Ape Con- Colorado through the supply of timber, min- and statistical purposes. servation Act have gone to such diverse erals, oil and gas, livestock grazing, recre- Reaching out for assistance is already a big projects as: protecting chimpanzee habitat ation, clean water and air, and other re- step for many victims of domestic violence. from logging operations; establishing anti- sources. The above amenities are important to We should not put them in greater danger or poaching enforcement units; starting conserva- the quality of life and economic well being for deter them from seeking these valuable serv- tion education programs; coordinating gibbon southwestern Colorado. ices because of an agency loophole. I urge population surveys and threat assessments; I ask all citizens to join in the Centennial my colleagues to join me in cosponsoring the and implementing ape health monitoring pro- Celebration of the San Juan National Forest SHIELD Act. grams. through the many activities scheduled for June f And every federal dollar spent under the 1–4, 2005 and ask my colleagues to join me Great Ape Conservation Act has been in proclaiming June, 2005 as San Juan Na- RECOGNIZING THE 57TH ANNIVER- matched many times over by local and inter- tional Forest Centennial Month. SARY OF THE INDEPENDENCE OF national funds. The $2,940,000 Congress ap- f THE STATE OF ISRAEL propriated between FY 2001 and FY 2003 was leveraged by $4,275,032 in non-Federal KEEP DOMESTIC VIOLENCE VIC- HON. RAHM EMANUEL TIMS IN HUD HOUSING SAFE matching funds or in-kind contributions. OF ILLINOIS FROM THEIR ABUSERS To take just one example, in 2003 the Fish IN THE HOUSE OF REPRESENTATIVES and Wildlife Service invested $45,000 in the Mengame´ Reserve for Chimpanzees and Go- HON. GWEN MOORE Thursday, May 26, 2005 rillas; this investment leveraged more than OF WISCONSIN Mr. EMANUEL. Mr. Speaker, I rise today in $100,000 from other sources, funding which IN THE HOUSE OF REPRESENTATIVES strong support of H. Con. Res. 149, a bill rec- has helped the Jane Goodall Institute study a ognizing the 57th Anniversary of the Inde- Thursday, May 26, 2005 promising area for great ape conservation on pendence of the State of Israel. Yom the border of Cameroon and Gabon. Ms. MOORE of Wisconsin. Mr. Speaker, I Ha’Atzmaut, Israel’s Independence Day, But despite the ongoing successes of the rise today to introduce the Safe Housing Iden- marks a day when Theodor Herzl’s prophetic Act, the threats to these noble primates con- tification Exemption for the Lives of Domestic words became reality: ‘‘if you will it, it is no tinue. Violence Victims (SHIELD) Act. dream.’’ Press accounts and reports from the field in- Mr. Speaker, I know of the victims that have The State of Israel was established as a dicate that these species continue to be finally built up the courage to leave their abu- sovereign and independent nation 57 years placed in jeopardy by habitat loss, poaching, sive relationships and have nowhere to go but ago, and it continues to be a strong friend of logging, and the bush meat trade. The Great a homeless shelter. I know of the women who the United States and a beacon of democracy Ape Conservation Reauthorization Act of 2005 everyday are scared for their lives because in the Middle East. specifically authorizes funding to address their abusers are trying to track them down. On May 14, 1948, Israel was officially estab- these root causes of threats to great apes. Mr. Speaker, I know of the victims who want lished, and the United States was one of the In addition, natural disasters and their after- to feel safe, who want to believe that these first countries to recognize Israel, doing so math can have a devastating impact on wild- federal agencies and services are there to within 11 minutes of its creation. Israel has life. Efforts to rebuild after the 2004 tsunami protect them. And, ultimately all of our federal come a long way since those initial minutes. have led to increased logging, putting further services are intended to effectively serve and The Israeli people have contributed greatly as pressure on already-threatened orangutans protect our citizens. scholars, innovators, educators, and more, and other forest species. That is why the leg- But, I also know of the victims who are and I am pleased to have this opportunity to islation we are introducing today authorizes scared that they can be tracked down by their recognize their accomplishments.

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.048 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1115 Since the very beginning of its existence, service and congratulate her on a distin- CONGRATULATING STEVEN Israel has been a vital ally of the United guished career in the labor movement. SHARFSTEIN ON HIS INSTALLA- States, enjoying a strategic partnership based TION AS AMERICAN PSY- on shared democratic values, friendship, and f CHIATRIC ASSOCIATION PRESI- respect. America and Israel shall remain close DENT friends for years to come, particularly as Israel SIXTY YEAR ANNIVERSARY: CO- LUMBIAN AWARDED NAVY continues to seek peace with her neighbors. HON. BENJAMIN L. CARDIN On the Jewish Calendar, Israel’s Independ- CROSS AT THE BATTLE OF OKI- OF MARYLAND ence Day falls on the 5th of Iyar, cor- NAWA responding this year with May 12, 2005. This IN THE HOUSE OF REPRESENTATIVES day is a joyous time to reflect with pride on HON. JOE WILSON Thursday, May 26, 2005 the work of the men and women who knew OF SOUTH CAROLINA Mr. CARDIN. Mr. Speaker, today I rise to that one day the dream of the State of Israel IN THE HOUSE OF REPRESENTATIVES congratulate Dr. Steven S. Sharfstein on his would become a reality. Thursday, May 26, 2005 installation as President of the American Psy- Mr. Speaker, I join with my colleagues in ex- Mr. WILSON of South Carolina. Mr. Speak- chiatric Association. Dr. Sharfstein is President tending warm congratulations and best wishes and Chief Executive Officer of the Sheppard to the people of Israel as they celebrate this er, I am honored today to recognize the tre- mendous sacrifice of Thomas Marvin ‘‘Tim’’ Pratt Health System in Baltimore, where he 57th year of Israel’s independence. I wish has worked for nearly 20 years. Located in them peace and prosperity in the years to Owen, Jr., who as a Water Tender First Class, United States Navy, served on the USS But- Towson, Maryland, Sheppard Pratt Health come, kein yehi ratzon. System is a private, non-profit behavioral f ler. The USS Butler was a destroyer that par- ticipated in many important naval battles in health organization with over 1,500 employ- RECOGNIZING JUDY GOFF, EXECU- World War II. The Butler served as an escort ees. Founded in 1891, Sheppard Pratt is the TIVE SECRETARY-TREASURER ship near Casablanca, North Africa, and area’s largest behavioral health care organiza- EMERITUS ALAMEDA LABOR Dakar, French West Africa. She participated in tion. The hospital’s reputation as one of the COUNCIL the Sicily Invasion, Battle of the Seine, Inva- leading organizations in the field of mental sion of Northern France at the Battle of Nor- health is known not only in Maryland, but mandy and the Battle of Okinawa. throughout the national and international men- HON. FORTNEY PETE STARK tal communities. OF CALIFORNIA On May 25, 1945 at the Battle of Okinawa, Dr. Sharfstein is also Clinical Professor and IN THE HOUSE OF REPRESENTATIVES bombs from a suicide plane exploded under the ship blowing out steam lines and flooding Vice Chair of Psychiatry at the University of Thursday, May 26, 2005 the forward fire room. The USS West Virginia Maryland. A practicing clinician for more than Mr. STARK. Mr. Speaker, I rise today to pay stood by to assist the Butler until power was 30 years, he is best known for his research tribute to Judy Goff who served, from 1999 to restored. During this time, two more suicide and writing on the economics of practice and 2005, as Executive Secretary-Treasurer of the planes attacked the Butler. public mental health policy. Over 13 years, he Alameda Labor Council, based in Oakland, Thomas Marvin Owen, Jr. was awarded the has held a variety of positions at the National California. She was the first woman elected to Navy Cross for heroic actions in this engage- Institute of Mental Health, including Director of lead a major labor council in California and ment. Even though he was mortally wounded, Mental Health Service Programs. This month, was also the first woman elected statewide he continued to perform his duty at his post Dr. Sharfstein completes on May 27th his one President of SEIU Local 535. and aided other sailors on the Butler. He and year term as President-Elect of the American Judy Goff’s leadership in the labor move- eight shipmates were killed in the engagement Psychiatric Association and begins his term as ment is exemplary. She has consistently sup- and were buried at sea. His name is inscribed the 132nd President of the APA, the country’s ported labor solidarity by speaking at numer- on the Honolulu Memorial Tablets for those oldest national medical specialty society. ous rallies, walking countless picket lines, and missing in action or buried at sea. Dr. Sharfstein has established himself as an being arrested for the cause of worker’s rights. active leader in his profession and has worked She is a founding member of the Labor Im- f to eliminate the stigma associated with mental migrant Organizing Network, which initiated a health treatment. Throughout his years at successful resolution to change the National JONATHAN WALLACE KROART Sheppard Pratt, Dr. Sharfstein’s work has AFL-CIO policy on immigrant workers’ rights. MAKES HIS MARK ON THE WORLD been truly inspirational in advancing the fight Ms. Goff has never hesitated to put herself for mental health parity. and the labor movement squarely on the side HON. BOB ETHERIDGE Dr. Sharfstein has served the American of the downtrodden and oppressed. She is a OF NORTH CAROLINA Psychiatric Association as chairman of the staunch supporter of workers’ civil rights. Dur- IN THE HOUSE OF REPRESENTATIVES Budget Committee, the Committee on Man- ing her leadership, the Alameda Labor Council aged Care, and the Ethics Appeals Board. He Thursday, May 26, 2005 opposed police action against workers and has also served as co-chair on the Committee protesters and was instrumental in changing Mr. ETHERIDGE. Mr. Speaker, I rise today on Psychiatric Reimbursement, as well as police tactics and policy to insure safety and to congratulate Mr. Michael Galbraith Kroart vice-chair of the Joint Commission on Govern- respect. and Mrs. Elizabeth Sparrow Kroart on the birth ment Relations. Increased diversity in the leadership of the of their child, Master Jonathan Wallace Kroart. A graduate of Dartmouth College and the Alameda Labor Council is another example of Jonathan was born on Thursday, May 5, 2005 Albert Einstein College of Medicine, Dr. Judy Goff’s consistent voice and steady lead- and weighed 7 pounds and 14 ounces. My Sharfstein trained in psychiatry at the Massa- ership to represent the interest of all workers, wife Faye and the entire Etheridge family join chusetts Mental Health Center in Boston from locally, nationally, and internationally. She has me in wishing Michael and Elizabeth great 1969 to 1972. He also received a Masters in devoted her efforts to improving labor edu- happiness during this very special time in their Public Administration from the Kennedy cation at all levels, including service on the lives. School of Government in 1973 and a certifi- California State Assembly Speaker’s Commis- As a father of three, I know the immeas- cate from the Advanced Management Pro- sion on Labor Education. urable pride and rewarding challenges that gram at the Harvard Business School in 1991. In keeping with her ongoing interest of eco- children bring into your life. Their innocence He was Secretary of the American Psychiatric nomic parity for workers, she spearheaded the keeps you young-at-heart. Through their in- Association from 1991 to 1995 and its Vice successful passage of a Living Wage Ordi- quiring minds and wide-eyed wonder, they President from 2002 to 2004. nance in the cities of Berkeley, Hayward, and show you the world in a fresh, new way and Through his outstanding leadership at Oakland as well as the Port of Oakland. change your perspective on life. A little mir- Sheppard Pratt Health System, Dr. Sharfstein On June 10, 2005, the Central Labor Coun- acle, a new baby holds all the potential of has already made numerous invaluable con- cil of Alameda County, AFL-CIO will bestow its what human beings can achieve. tributions to the quality of psychiatric care. I Lifetime Achievement Award on Judy Goff as I welcome young Jonathan into the world look forward to continuing to work with him to Unionist of the Year. I join the Council and and wish Michael and Elizabeth all the best as advance the cause of quality mental health Ms. Goff’s friends, family and admirers in ap- they steer him through all of the joys and chal- treatment, and I congratulate him on this preciation for her many years of dedicated lenges that life brings. achievement.

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.052 E26PT1 E1116 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 TRIBUTE TO REVEREND JOHN H. I’d also like to thank Dr. Elsie Scott for IN SPECIAL RECOGNITION OF DR. SCOTT, CIVIL RIGHTS LEADER bringing this extraordinary Foundation to my JEFFREY CHARLES KELLER ON attention and to commend the other Scott fam- THE OCCASION OF HIS RETIRE- HON. DONALD M. PAYNE ily members including Jewel Scott, Johnita MENT AFTER THIRTY-THREE OF NEW JERSEY Scott, and Louis G. Scott. YEARS OF SERVICE TO THE DUB- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I wish today to honor the LIN CITY SCHOOL DISTRICT memory of Rev. John H. Scott, and I know Thursday, May 26, 2005 HON. PAUL E. GILLMOR Mr. PAYNE. Mr. Speaker, I rise today to that all of my colleagues here join me in pay- OF OHIO recognize and pay tribute to one of this coun- ing tribute to this man of uncommon distinction IN THE HOUSE OF REPRESENTATIVES try’s great civil rights leaders, Rev. John H. who history will remember as a great warrior Scott. On May 7, I had the opportunity to at- in the struggle for civil rights. Thursday, May 26, 2005 tend a tribute to Rev. Scott, honoring the 25th Mr. GILLMOR. Mr. Speaker, it is my great f Anniversary Celebration of the John H. Scott pleasure to pay special tribute to one of Ohio’s Memorial Fund in Tallulah, Louisiana. This liv- IN RECOGNITION OF MR. HUGH finest educators. After thirty-three years, Dr. ing memorial was started at the request of FERGUSON Jeffrey C. Keller is retiring from the Dublin City Rev. Scott at the end of his life, and now pro- School District. Dr. Keller, who for three dec- vides scholarships to young people, as well as ades has directed the Dublin Coffman High supporting other projects that advance the HON. JOE KNOLLENBERG School instrumental music program, has been aims and ideals of the Reverend’s life. a leader in education and an inspiration to the Rev. Scott was a minister and a civil rights OF MICHIGAN community. leader who was devoted to improving the IN THE HOUSE OF REPRESENTATIVES Raised in Prospect, Ohio, Dr. Keller began quality of life for African-Americans in this his career at Dublin High School in 1972, after country. He was born in 1901, in a small, al- Thursday, May 26, 2005 earning his bachelor’s degree from The Ohio most all-black parish in Louisiana, where black State University. After three years, Dr. Keller schools, businesses, and neighborhoods were Mr. KNOLLENBERG. Mr. Speaker, one of returned to The Ohio State University where thriving, but existed in almost total isolation our Nation’s greatest assets is our veterans. he earned his Masters and Doctoral degrees. from their white neighbors. He came to see When I look around this chamber and see the After his graduate education, Dr. Keller re- that this seeming independence was not com- reflection of our democracy, I can’t help but turned to Dublin as director of music edu- mensurate with equality, and he dedicated his think of those who fought to ensure our safety, cation, a position he has held ever since. life to the pursuit of that equality for all people, our strength, and our freedom. For more than 30 years, bands under Dr. of all color, in all places. I rise today to recognize an honored veteran Keller’s direction have enjoyed a superior rep- He was a farmer, as well as a pastor for and an extraordinary American, Mr. Hugh Fer- utation in the State of Ohio. He has shared twenty-five years, president of the local guson. countless hours developing the talents and en- NAACP for thirty-three years, and chairman of Those who study World War II are aware joyment of music in each of his students. For the East Carroll Ministerial Alliance for five, that the United States was at war with Japan his efforts, Dr. Keller was recognized with the while still finding time to make regular visits to for three months after Germany surrendered. 2002 Ohio Music Educators’ Association’s hospitals, senior citizens’ homes, and prisons. The end of the war with Japan came only after Ohio Music Educator of the Year Award. In His twenty-five year struggle for full voting President Harry S Truman made the brave addition, Dr. Keller has been recognized by rights for African-Americans is an exemplar of and difficult decision to use the atomic bomb. Capital University and Prescott High School in how individual people can indeed change the Arizona for his education and performance world. Armed with a passion for justice and On August 9, 1945, Mr. Hugh Ferguson was clinics. Dr. Keller was also awarded The ready to fight no matter what the cost, his piloting the B–29 bomber plane that dropped School of Music Society of Alumni and Friends local, grassroots efforts became a national the atomic bomb on Nagasaki, Japan. This Award by his alma mater, The Ohio State Uni- movement that ultimately convinced Attorney mission required bravery, faith, and discipline versity, for excellence in teaching in the music General Robert Kennedy to join his crusade in order to see it through. Mr. Ferguson was education division. for equality for all. Despite growing up under just a mere twenty-two years old when his Beyond his deep commitment to the stu- the oppressive injustice of Jim Crow laws, and country employed his piloting skills to end the dents of Dublin Coffman High School, Dr. Kel- knowing the risks it presented to his own life battle and forever change the make-up of the ler has also given greatly of himself to the and the lives of his friends, neighbors, and world. community. As a result of his efforts as a com- family members, he was unfaltering in his As Mr. Ferguson will tell you, he and his fel- munity leader, Dr. Keller has been a recipient quest for progress. low pilots knew their acts would end World of the Dublin A.M. Rotary Signature Award, His book, Witness to the Truth, which was War II and save hundreds of thousands of the Dublin Jaycees Golden Shamrock Award compiled by his daughter, Cleo Scott Brown, American lives. This knowledge made it clear and the ‘‘God and Country’’ Music Award from is a collection of his writings and transcripts of to Mr. Ferguson what his mission was and the Greater Columbus Area Salvation Army. his interviews; and I recommend it to all who that his success was necessary—even at its Mr. Speaker, I ask my colleagues to join me wish to know more about the history of race great cost. in paying special tribute to Dr. Jeffrey C. Keller relations in this country. We must understand in recognition of his superlative service to the the truth about our past struggles if we are ul- It takes a brave and faithful man to carry out the missions of the United States military. It students, parents and friends of the Dublin timately to see success, because, in the words Coffman Music Education Program. On behalf of Rev. Scott, ‘‘So much of what we will be- takes an even braver man to test history with the new technology that was the atomic bomb. of the people of the Fifth District of Ohio, I am come depends on how we start.’’ And Rev. proud to recognize his many accomplish- Scott helped us start well. His life is a testa- Yet, Mr. Ferguson’s bravery did not stop there. Years later, he again answered the military’s ments. We wish Jeff, his wife Gail, and their ment to the tenacity and courage that daily daughter Kristany, all the best as we salute fortified our civil rights leaders and sustained call of duty. Mr. Ferguson flew the only plane on site when the United States detonated the one of Ohio’s finest citizens. them in their struggle to ensure human rights f for every person, regardless of race, gender, world’s first hydrogen bomb on Eniwetok Atoll. or economic circumstance. Not knowing the consequences of this flight, HONORING THE 130TH ANNIVER- We all owe a debt of gratitude to Rev. John he and his crew bravely documented the SARY OF SUMNER HIGH SCHOOL H. Scott, and I acknowledge my own indebted- power of the hydrogen bomb for United States ness here today. He once wrote, ‘‘History is of officials. HON. WM. LACY CLAY little value unless it inspires one to greater en- This year marks Mr. Ferguson’s 82nd birth- OF MISSOURI deavors, or serves to guide against the mis- day. I wish to congratulate and honor him for IN THE HOUSE OF REPRESENTATIVES takes of the past.’’ As the first African-Amer- his service to this country in the face of war. ican elected to this great body from my State, As a member of Congress, as a proud citizen Thursday, May 26, 2005 I know that I have been inspired to greater en- of the United States, and as a person who en- Mr. CLAY. Mr. Speaker, I rise today to pay deavors by people like Rev. Scott, whose lives joys the freedom this great Nation offers, I offi- tribute to Sumner High School, the first school paved the way for my accomplishments. cially recognize Mr. Hugh Ferguson. west of the Mississippi river to offer secondary

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.057 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1117 education to African Americans. This year source of pride for St. Louisans and a model gap. Second, the legislation would rename the marks the 130th anniversary of the school’s for public schools across the nation. LIHTC the ‘‘ Affordable Housing’’ tax credit to founding as ‘‘The High School for Colored f remove any negative connotation and more Children.’’ Originally housed in the former accurately describe this effective program. Washington School at 11th and Spruce streets AFFORDABLE HOUSING TAX CRED- IT ENHANCEMENT ACT OF 2005 If this legislation were to pass, we are as- in downtown St. Louis, the school was re- sured by affordable housing advocates, inves- named on October 12, 1875, in honor of tors, syndicators, and developers that there is Charles Sumner, a Massachusetts Senator HON. WILLIAM J. JEFFERSON more than enough capacity in the market to who was an ardent supporter of African-Amer- OF LOUISIANA effectively use these additional credits. In fact, ican rights. In 1861 Senator Sumner was the IN THE HOUSE OF REPRESENTATIVES the need for affordable housing throughout the first U.S. Senator to call for full emancipation. Thursday, May 26, 2005 country virtually assures the continued suc- The decision to name the school in his honor cess of this program. reflected the school’s role as a preeminent in- Mr. JEFFERSON. Mr. Speaker, it is with stitution for African Americans. Dropping ‘‘col- great pleasure that I rise today with my good In addition, this legislation is a jobs creator. ored school’’ in favor of Sumner High occurred friend and colleague from the Committee on According to industry estimates, 112 jobs are fifteen years before local African-American Ways and Means, Mr. ENGLISH, to introduce created during the first year of construction of leaders succeeded in persuading the St. Louis the ‘‘Affordable Housing Tax Credit Enhance- every 100 units of affordable housing, 46 of Board of Schools to designate names for all ment Act of 2005.’’ Mr. ENGLISH and I share a which morph into permanent positions. Based segregated schools. passion for and commitment to ensuring that on that estimate, because doubling the current In the aftermath of the Civil War, Missouri Americans have access to affordable, quality LIHTC would create 130,000 additional units passed a new state constitution requiring all housing in which to live, to prosper and to annually, that translates into 145,600 new jobs school boards to support education for African raise their families. I am grateful for his con- nationally—59,800 of which would be perma- Americans. However, the Board of Education tinuing leadership in this area, and I am hon- nent. for Colored Schools occupied only rented ored that he joins me today in introducing this America is confronting an affordable hous- space and its schools moved often. Sumner important piece of legislation. I also am very ing crunch, and many hardworking men and was no exception. In 1895 it was relocated to pleased that 51 of our colleagues, including women continue to seek employment. This 15th and Walnut streets, near the saloons and members from both sides of the aisle and sev- legislation would make significant strides to pool halls of downtown St. Louis. Concerned eral from the Committee on Ways and Means, address both problems. Therefore, I call on citizens petitioned school officials to move the join us today in introducing this measure. my colleagues to support this important meas- school again and in 1910 Sumner was relo- Mr. Speaker, the Low Income Housing Tax ure and to ensure its consideration and pas- cated to The Ville neighborhood, where it oc- Credit, LIHTC, program was created as part of sage. cupied a new structure at 4248 Cottage Ave- the Tax Reform Act of 1986. Today, the nue. The new Sumner High strengthened the LIHTC program is widely regarded as the na- f neighborhood’s status as a center for middle- tion’s most successful housing production pro- class African-American life in St. Louis. gram resulting in the construction and rehabili- STATEMENT IN HONOR OF THE Another historical landmark tied to Sumner tation of more than 1.3 million housing units HISPANIC CHAMBER OF COM- High School involved the hiring of African- for lower income households. As a direct re- MERCE OF GREATER KANSAS American teachers. Initially, Sumner had an all sult of the LIHTC program, 130,000 new af- CITY white faculty, but the parents requested that a fordable housing units come online every year. special effort be made to recruit African-Amer- In addition to producing housing, the LIHTC ican teachers. Two years later, in 1877, the program is unparalleled in contributing to the HON. EMANUEL CLEAVER revitalization of distressed neighborhoods and school’s first African-American principal took OF MISSOURI charge. communities throughout the United States. Sumner High School further enhanced edu- LIHTC properties are frequently among the IN THE HOUSE OF REPRESENTATIVES cational opportunities for African Americans in first investments in a concerted revitalization Thursday, May 26, 2005 Missouri when, in 1890, it established an ex- strategy. The credit drives and catalyzes pub- tension called the Sumner Normal School to lic/private/community partnerships that replace Mr. CLEAVER. Mr. Speaker, I rise today in train elementary school teachers. In 1925 the blight with safe, affordable housing, attract pri- honor of the Hispanic Chamber of Commerce Sumner Normal School became a college; it vate capital, and prime the market for other of Greater Kansas City. Founded in 1977 by was known as the Sumner Teachers College activities, including increased homeownership 25 Hispanic business leaders, the Chamber until 1930 when it was renamed Harriet Bee- and expanded retail development. was the first physical office of the United cher Stowe Teachers College. In 1940 the The redirection of capital to affordable hous- States Hispanic Chamber of Commerce. Teachers College moved to new facility on ing through a tax incentive creates net eco- Since its inception, the Chamber has Pendleton Street where it remained until 1954 nomic efficiencies, because the housing credit worked towards the development of its mem- when, in one of St. Louis’ first efforts to de- more effectively marshals private sector cap- bers, and worked to develop strong business segregate its public schools, the St. Louis ital than would be accomplished through any relationships between Hispanic and non-His- Board of Education merged Stowe College direct spending program. Because it sets up panic businesses in Kansas City. As one of with the all-white Harris Teachers College. competition among developers for credit allo- the principal advocates for Hispanic busi- Sumner graduated its first class in 1885 and cations and among corporations for access to nesses in the City, the Chamber provides an over the years its alumni list boasts a number investment opportunities, the LIHTC is consid- invaluable resource as it helps local busi- of accomplished African Americans, including erably more efficient than a direct spending nesses build capacity and develop business the opera singer Grace Bumbry, activist Dick program. skills. Their programming includes the how-tos Gregory, musician Tina Turner, tennis great The success of the LIHTC program is vir- of business planning, advertising, sales and Arthur Ashe, Liberian Ambassador Lester Wal- tually unmatched. However, as a Nation, we marketing, procurement and certification. In to- ton, educator Julia Davis, rock history legend still confront a serious affordable housing def- day’s competitive business environment, their Chuck Berry, performer Robert McFerrin, actor icit—a gap that we must bridge to ensure that work is more important that ever. Robert Guillaume, Yankee catcher-outfielder our most vulnerable families have access to (and the American League’s first black Most quality, affordable housing and safer neighbor- Today, the Chamber represents the inter- Valuable Player) Elston Howard and local hoods in which to live and prosper. ests of twelve-hundred Hispanic-owned busi- newscaster Julius Hunter, to name just a few. Accordingly, Mr. Speaker, I rise today to in- nesses in Metropolitan Kansas City and cur- Mr. Speaker, it is with deep pride that I rec- troduce the Affordable Housing Tax Credit En- rently has five-hundred members, having ognize Sumner High School, a symbol of hancement Act of 2005. This legislation would grown by three-hundred percent in the last progress in African American history for its make two important changes to current law. three years. distinguished record of achievement in public Most significantly, the bill would double the Mr. Speaker, I am proud to honor the His- education. As a community leader and elected current LIHTC from $1.85 per capita to $3.70 panic Chamber of Commerce of Greater Kan- official, I am proud to salute Sumner and all per capita beginning in 2006, which would sas City, and I ask my colleagues to join me Sumner students and alumni on this very spe- yield twice the number of affordable housing today in paying tribute to this historic organiza- cial anniversary. Sumner High School is a units annually and begin to close the current tion.

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.061 E26PT1 E1118 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 HONORING ARABELLA MARTINEZ REINTRODUCTION OF LOCAL LAW cases of bias crime. The legislation also au- ENFORCEMENT HATE CRIMES thorizes the Attorney General to make grants HON. BARBARA LEE PREVENTION ACT to State and local law enforcement agencies OF CALIFORNIA that have incurred extraordinary expenses as- IN THE HOUSE OF REPRESENTATIVES HON. JOHN CONYERS, JR. sociated with the investigation and prosecution Thursday, May 26, 2005 OF MICHIGAN of hate crimes. Finally, under our bill, the At- IN THE HOUSE OF REPRESENTATIVES torney General or other high ranking Justice Ms. LEE. Mr. Speaker, I rise today to honor Department officials must approve all prosecu- Thursday, May 26, 2005 the life and work of Arabella Martinez, a leg- tions undertaken pursuant to this law, ensuring endary figure in Oakland and throughout the Mr. CONYERS. Mr. Speaker, I am pleased federal restraint, and further ensuring that the San Francisco Bay Area. For almost four dec- to introduce the bipartisan Local Law Enforce- States will continue to take the lead. ades, Arabella has been a tireless advocate ment Hate Crimes Prevention Act of 2005, Behind each of the crimes statistics cited for community and economic development along with Representatives FRANK, ROS- above lies an individual or community targeted within Oakland and beyond, and the scope of LEHTINEN and SHAYS. In past Congresses, this for violence for no other reason than race, reli- her exemplary work on behalf of her commu- legislation has been cosponsored by almost gion, ethnicity, sexual orientation, gender, dis- nity is truly unparalleled. I take pride in adding 200 members and we expect similar support ability or gender identity. People like Waqar my voice to those of my constituents in hon- this session. Hasan of Dallas, who lost his life in a post-911 oring Arabella today on the occasion of her re- Bias crimes are disturbingly prevalent and backlash hate crime. His murderer admitted tirement. pose a significant threat to the full participation that he wanted to send a message to the local A student of social welfare, Arabella re- of all Americans in our democratic society. For Arab population and beyond. These discrete ceived both her BA and MA from the Univer- the year 2003, the most recently available sity of California at Berkeley. After receiving communities have learned the hard way that a data, the FBI compiled reports from law en- failure to address the problem of bias crime her degrees she became involved with the forcement agencies across the country identi- Community Service Organization, a Latino civil can cause a seemingly isolated incident to fying 7,489 criminal incidents that were moti- fester into wide spread tension that can dam- rights group. vated by an offender’s irrational antagonism In 1967, Arabella became the first executive age the social fabric of the wider community. toward some personal attribute associated director to the Spanish Speaking Unity Coun- The Hate Crimes Prevention Act of 2005 is with the victim. Law enforcement agencies cil. She is best known for her position as CEO a constructive and measured response to a have identified 9,100 victims arising from of this council and for developing programs to problem that continues to plague our Nation. 8,715 separate criminal offenses. Racially mo- build responsibility and economic prepared- These are crimes that shock and shame our tivated bias again accounted for more than ness in the Latino community. During this national conscience and they should be sub- half (51.4 percent) of all incidents. Religious time, she helped build this organization into a ject to comprehensive federal law enforcement bias accounted for 1,343 incidents (17.9 per- strong economic development and community assistance and prosecution. cent) and sexual orientation bias each ac- organization with considerable assets. f In 1974, Arabella took an absence from her counted for 1,239 (16.6 percent) of all re- IN RECOGNITION OF NORMA AND work at the Unity Council and joined the ported hate crimes, followed by ethnicity/na- BERNIE KOSTER Carter administration as assistant secretary of tional origin bias with 13.7 percent and dis- the U.S. Department of Health, Education and ability bias with 0.4 percent of all incidents. Welfare. After her term in 1980, she returned While every state reported at least a small HON. STEVEN R. ROTHMAN to Oakland and worked for almost a decade number of incidents, it is important to note that OF NEW JERSEY as the President of the Center for Policy De- reporting by law enforcement is voluntary and IN THE HOUSE OF REPRESENTATIVES it is widely believed that hate crimes are seri- velopment. Thursday, May 26, 2005 In 1992, Arabella returned to the Spanish ously under-reported. Speaking Unity Council and helped the organi- Despite the pervasiveness of the problem, Mr. ROTHMAN. Mr. Speaker, I rise today zation through complex financial problems. current law limits federal jurisdiction over hate with great pleasure to honor Norma and Ber- During her second term she spearheaded the crimes to incidents against protected classes nie Koster, who will be jointly honored with the Fruitvale BART project and sponsored the that occur only during the exercise of federally Torch of Liberty Award by the New Jersey Re- Fruitvale Community Collaborative. Both of protected activities, such as voting. Further, gion of the Anti-Defamation League at the these projects were formed to bring together the statutes do not permit federal involvement League’s Bergen County Awards Reception residents, community groups, churches, in a range of cases where crimes are moti- on June 1, 2005. They are being recognized schools, merchants, and agencies to improve vated by bias against the victim’s perceived for their distinguished service on behalf of the the quality of life for children and families in sexual orientation, gender, disability or gender ADL’s vital mission of combating bigotry and the Oakland area. identity. This loophole is particularly significant anti-Semitism, their support for humanitarian Arabella is also involved with many organi- given the fact that four States have no hate values, dedication to nurturing their commu- zations such as the National Council of La crime laws on the books, and another 21 nity, and working to secure its future. Raza, the Drug Abuse Council, The Women’s States have extremely weak hate crimes laws. Norma Wellington Koster began a career of Initiative for Self-Employment, the Oakland This legislation will make it easier for federal activism as a B’Nai B’rith girl and a leader in Business Development Corporation, the Bank authorities to prosecute bias crimes, in the her synagogue youth group. She subsequently of America’s Police Advisory Committee, the same way that the Church Arson Prevention became a staff producer for a local television Oakland Housing Authority, the Oakland Parks Act of 1996 helped federal prosecutors com- station in the greater New York metropolitan and Recreation Commission and the Univer- bat church arson: by loosening the unduly region, where she volunteered for 19 hours on sity/Oakland Metropolitan Forum. She has re- rigid jurisdictional requirements under federal the ‘‘Rheumatism and Arthritis Association ceived numerous awards for her work, such law. While ostensibly identical to past Telethon.’’ Because of her success on that as the Hank Rosso Outstanding Fundraising versions, this Congress the bill is more explic- production, she was named the producer of Professional A ward, the 1993 MTC Award, itly inclusive of the transgender community. In ‘‘The World of Heart’’ for the American Heart the David C. Lizarraga Community Develop- addition, we have included a provision mir- Association and of two telethons for ‘‘The City ment A ward, and the Oakland Citizen of the roring the Washington State hate crimes stat- of Hope’’, where she instituted and volun- Year Award. ute that is designed to protect the 1st Amend- teered for their newly formed Young Leader- It is clearly evident through Arabella’s activ- ment rights of the accused, without burdening ship Division. ism that she is an extraordinary leader, friend the prosecution of those alleged offenses. Norma Koster has also been deeply in- and advocate for her community. Her exem- State and local authorities currently pros- volved in numerous Jewish causes and chari- plary humanism is an inspiration to us all, and ecute the overwhelming majority of hate table organizations. She founded the Single it with great pride that I join the Oakland com- crimes and will continue to do so under this Parent Seminar at the Jewish Community munity in celebrating her accomplishments. legislation, with the enhanced support of the Center on the Palisades, where she is now an On behalf of the 9th Congressional District, I federal government. Through an Intergovern- active member of the Cultural Arts, Art, Sen- salute and thank Arabella Martinez for the mental Assistance Program created by this ior, and Alzheimer’s Committees and currently truly invaluable contributions and she has legislation, the Justice Department will provide serves as the Tree of Life Chairperson. A made to our community, and for the example technical, forensic or prosecutorial assistance Member of the Board of Trustees of the she leaves for future generations to follow. to State and local law enforcement officials in United Jewish Appeal, she is a former co-chair

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.066 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1119 of the Business and Professional Women’s Di- come U.S. citizens. These are the offspring of dents receive a fair and equitable education. vision of UJA of Northern New Jersey, and American servicemen and Asian women dur- He is indeed an outstanding public servant. I was instrumental in increasing its membership. ing the Vietnam and Korean Wars whose fa- have enjoyed the opportunity to work on Norma Koster also has devoted herself to thers did not take the steps of acknowledging issues of common interest with Dr. Bailey and committees for the Jewish Home and Rehabili- paternity necessary to make their offspring citi- have always appreciated his frank and forth- tation Center, Jewish Family Services, and zens. However, the American government did coming advice based on his active experi- given programs for the National Council of that for them by acknowledging that their fa- ences in the school and community. One Jewish Women. In addition to her professional thers were American citizens. could always count on Dr. Bailey to clearly ar- work as a successful fine jewelry designer and Many of these individuals have lived through ticulate the challenges faced by our school goldsmith, Norma is above all devoted to her devastation during war, have been mistreated system as well as the real impact of public children and grandchildren, her husband, and by their governments because of their mixed policy decisions. her entire family. race, and many now live in the United States, Mr. Speaker, I ask my colleagues to join me Like Norma, his wife of seventeen years, but only as legal permanent residents. in congratulating Dr. Alexander Bailey on his Bernie Koster is well-known for his leadership There is no doubt that Amerasians are the years of service and in wishing him good and unwavering commitment to the people of sons and daughters of American fathers. Our health and happiness in the next phase of his New Jersey, the Jewish community, and the American government already made that de- life. State of Israel. He is a leading philanthropist termination when we admitted them to the f and is active on behalf of many charitable United States as legal permanent residents. causes and organizations. He is also a Mem- To correct this unfair inequality in our law, I IN RECOGNITION OF ESSNER ber of the Board of Trustees of twelve sepa- am introducing the Amerasian Naturalization MANUFACTURING rate organizations, including the UJA Federa- Act, along with bipartisan cosponsors, to en- tion of North Jersey, the Jewish Home at sure that Amerasians are accorded U.S. citi- HON. MICHAEL C. BURGESS Rockleigh, Temple Emanu-EI of Closter, Jew- zenship just like the offspring of other Amer- OF TEXAS ish Family Service, Gilda’s Club of Northern ican fathers are. IN THE HOUSE OF REPRESENTATIVES I hope this Congress will act swiftly and New Jersey, the JCC of the Palisades, Engle- Thursday, May 26, 2005 wood Hospital and Medical Center Founda- pass the Amerasian Naturalization Act. It is tion, the Bergen PAC, Israel Bonds, the Jew- time for us to finally close a chapter in our his- Mr. BURGESS. Mr. Speaker, it is my great ish Community Relations Council, the Jewish tory that has too long denied Amerasians the honor to recognize Essner Manufacturing and Theological Seminary, and the Anti-Defama- opportunity to become citizens and be recog- its achievement of being registered as an AS tion League itself. nized as the Americans that they are. 9100 Quality Management Standard (QMS)— Bernie Koster is also a past President of the f a designation specific to aerospace compo- Solomon Schechter Day School of Nassau nent manufacturers. This project took nearly County, New York, and co-chaired the capital TRIBUTE TO DR. ALEXANDER 200 hours to complete and was a complex un- campaign for his synagogue, Temple Emanu- BAILEY dertaking. EI of Closter, where he was honored with the Working alongside Texas Manufacturing As- prestigious Shem Tov Award in 1995 for his HON. SANDER M. LEVIN sistance Center (TMAC) to earn the registra- dedicated service to the community. OF MICHIGAN tion, Essner is a model for other manufac- Bernie Koster is also unwavering in his IN THE HOUSE OF REPRESENTATIVES turing centers. Their commitment to making quality products like precision sheet metal fab- dedication to the State of Israel. A strong sup- Thursday, May 26, 2005 porter of Israel Bonds, he has been appointed rications and machined parts is evident. I ex- to the New Jersey-Israel Commission for nine Mr. LEVIN. Mr. Speaker, I rise to pay tribute tend my congratulations to Dale R. Westerfeld, years. He has visited Israel seven times, and to the Superintendent of Oak Park Public President of Essner and Dave Johnson, the has demonstrated through his committed and Schools, Dr. Alexander Bailey, who will retire TMAC Project Manager. passionate work on behalf of Israel Bonds his June 30, 2005. I am proud to represent a company that is belief that the State of Israel is the lifeblood Dr. Alexander Bailey’s career in education so strongly committed to quality products and for the survival of the Jewish people. dates back to 1969 when he was a high- a positive work environment. I congratulate A highly successful attorney and real estate school teacher in Philadelphia, PA at Paul Essner Manufacturing and wish them contin- consultant, Bernie shares his wife Norma’s Washington High School. In subsequent ued success in their future endeavors. dedication to faith and family. He is devoted to years, Dr. Bailey continued his education, as- f his children and grandchildren, and both Ber- sumed building level responsibility as a prin- RECOGNIZING THE RETIREMENT nie and Norma are true exemplars of family cipal, and ultimately was appointed Super- OF DR. STANLEY CAINE PRESI- values. intendent of Oak Park Public Schools in 1991. DENT OF ADRIAN COLLEGE Mr. Speaker, my distinguished colleagues, I Under his leadership, Oak Park Public ask that you join me in recognizing Norma and Schools has successfully designed programs Bernie Koster for their civic activism and lead- and intervention methods to meet the needs of HON. MIKE ROGERS ership in the fight against discrimination, ha- their school population. Programs and inter- OF MICHIGAN tred, and anti-Semitism. ventions such as extended day, the Oak Park IN THE HOUSE OF REPRESENTATIVES Academy, and the Literacy Academy have f been critical to advancing the academic Thursday, May 26, 2005 THE AMERASIAN achievement of students throughout the Dis- Mr. ROGERS of Michigan. Mr. Speaker, I NATURALIZATION ACT trict. rise to recognize the retirement of Dr. Stanley Dr. Bailey has been a very active participant Caine, president of my alma mater, Adrian HON. ZOE LOFGREN in the community served by the School Dis- College. During his tenure at Adrian College, OF CALIFORNIA trict. For example, Dr. Bailey was instrumental Dr. Caine has been, first and foremost, an ad- IN THE HOUSE OF REPRESENTATIVES in developing the Oak Park Business Edu- vocate for his students. His open door policy cation Alliance. The Oak Park Business Edu- has always provided an avenue for the stu- Thursday, May 26, 2005 cation Alliance is a non-profit organization de- dents at Adrian College to seek his wisdom Ms. ZOE LOFGREN of California. Mr. signed to build a relationship between the and advice. Outside of the classroom, Dr. Speaker, our immigration law has long recog- business community and the school district. Caine can be seen at many athletic and other nized that children born outside our country to To date, the Oak Park Business Education Al- campus events, a testament to his interest an American father and a foreign national liance has provided countless volunteers for and dedication to the students at Adrian. mother are U.S. citizens as long as their fa- the district, over $100,000 in scholarship mon- Providing a world class education requires thers take necessary steps to achieve their ies to Oak Park students, and has provided the resources to recruit the finest faculty and child’s citizenship. many career development opportunities in col- provide the best facilities. During Dr. Caine’s Unfortunately, there remains a group of for- laboration with local businesses. tenure, the Adrian College endowment has in- gotten sons and daughters who, despite being In his 36 years of service, he has been a creased significantly and two major capitol born to American fathers, cannot take advan- truly committed and effective educator. Dr. campaigns have been completed. Several new tage of this existing provision of the law to be- Bailey dedicated his life to ensuring that stu- construction projects have provided students

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.069 E26PT1 E1120 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 with new facilities that offer more current tech- COMMEMORATING MEMORIAL DAY teaches new parents how to care for their nologies and student-centered spaces. newborn. It is the nurse who explains to the Mr. Speaker, today, more than ever, stu- family how to comfort a dying loved one. HON. NITA M. LOWEY 1Meanwhile, the surgeon general, the na- dents are seeking advanced degrees, and the OF NEW YORK tion’s head doctor, is all but invisible. If you most successful institutions have leadership IN THE HOUSE OF REPRESENTATIVES went to a supermarket and asked 10 people that is focused on success of their students. the surgeon general’s name or to describe his As President of Adrian College, Dr. Caine has Thursday, May 26, 2005 or her role, it’s unlikely that you would find been committed to that goal. I ask my col- Mrs. LOWEY. Mr. Speaker, this weekend anyone who could. (It’s Richard H. Carmona, leagues to join me in recognizing Dr. Caine’s should serve as a time for all Americans to re- by the way.) commitment and wish him all the best on his Now, I’m not saying that a National Nurse flect on the great sacrifices of those who have will become a household name immediately. retirement. defended our great nation and to honor the But given all that’s at stake—the health of a men and women who continue to protect us. nation—and given the surgeon general’s in- f As we celebrate this Memorial Day, the ability to connect with Americans, it seems FREEDOM FOR OMAR PERNET thoughts and prayers of our entire country are to me that we should at least give nurses a HERNA´ NDEZ with our troops and the families who have lost try. loved ones. Throughout our history, brave Here’s what I’d have the National Nurse do. She or he would highlight health care men and women have answered the call to HON. LINCOLN DIAZ-BALART education through 15-minute weekly broad- duty, and their courage and dedication to pro- OF FLORIDA casts that would also be available on the tecting our democracy is an inspiration to us Internet. The emphasis would be on preven- IN THE HOUSE OF REPRESENTATIVES all. We are the beneficiaries of their bravery, tion: how to have a healthy heart; how to Thursday, May 26, 2005 and we must also be the protectors of their raise your teenagers without going crazy; how to avoid being swept into the growing Mr. LINCOLN DIAZ-BALART of Florida. Mr. legacy. That is why I am proud to join many of my colleagues in cosponsoring the com- tide of obesity. Speaker, I rise to speak about Omar Pernet The Office of the National Nurse would Herna´ndez a political prisoner in totalitarian prehensive New GI Bill of Rights for the 21st yield benefits in a multitude of ways. The in- Cuba. Century. formational programs would decrease de- Mr. Pernet Herna´ndez is the leader of the These benefits for active duty service mem- pendence on a health care system that is not National Movement for Human Rights. As a bers, veterans, and military retirees would en- only expensive but at times inaccessible, es- peaceful advocate for freedom, democracy sure that we fulfill our obligation to our men pecially for those who lack insurance or live and human rights, he has been a constant tar- and women in uniform. At a time when our na- in rural areas. Through the office, nurses could sign up for a National Nurse Corps that get of the totalitarian tyranny. tion is asking more men and women to risk their lives and security on behalf of our coun- would organize activities to enhance health In March 2003, as part of Castro’s condem- in their communities. A National Nurse nable crackdown on peaceful pro-democracy try, we should make every effort to fulfill our would give public recognition to the valuable activists, Mr. Pernet Herna´ndez was arrested. promise to them upon their return. work that nurses perform each day; if we’re In a sham trial, he was sentenced 25 years in The strength of our nation should not be lucky, the National Nurse would help stem the totalitarian gulag. measured only by our military or diplomatic the nursing shortage by attracting people to Despite being confined in the abhorrent, might, but also by the compassion and dedica- the profession. tion we show to those who defend us. Free- A National Nurse won’t solve all of our subhuman conditions of the gulag, Mr. Pernet country’s health care problems, but one Herna´ndez continues to advocate for human dom is not free, and we honor those who have paid a price for the liberties we enjoy. would definitely improve the situation. rights for all Cubans, including participating in America has a history of honoring great a hunger strike to demand the humane treat- Mr. Speaker, I ask my colleagues to join me nurses—from Clara Barton to Susie Walking ment of political prisoners. According to Am- in paying tribute to our nations’ fallen heroes Bear Yellowtail. Isn’t it time we did so nesty International, he is suffering from lung and honoring those who have made sacrifices again? problems, a chronic gastric ulcer, and high in defense of the United States. f f blood pressure. Let us be very clear, Mr. WELCOMING NATIONAL RECORD- ´ Pernet Hernandez is languishing in the gulag AMERICA’S NURSE ING ARTIST RON ELLINGTON because of his belief in human rights. SHY AND HONORING HIS ACTIV- According to the Department of State’s HON. EARL BLUMENAUER ISM ON BEHALF OF STARS FOR Country Reports on Human Rights Practices PEACE for 2004: OF OREGON Prison conditions continued to be harsh IN THE HOUSE OF REPRESENTATIVES HON. DENNIS J. KUCINICH and life threatening, and conditions in deten- Thursday, May 26, 2005 tion facilities also were harsh . . . Police and OF OHIO prison officials beat, neglected, isolated, and Mr. BLUMENAUER. Mr. Speaker, I would IN THE HOUSE OF REPRESENTATIVES denied medical treatment to detainees and like to bring to your attention ‘‘America’s Thursday, May 26, 2005 prisoners, including those convicted of polit- Nurse,’’ an op-ed highlighting the importance ical crimes or those who persisted in express- of nurses in our country that was published in Mr. KUCINICH. Mr. Speaker, I rise today to ing their views. Political prisoners in par- the New York Times written by Teri Mills, a recognize and welcome Ron Ellington Shy, the ticular often were held at facilities hundreds constituent of mine. musician and actor, back home to Cleveland. of miles from their families, placing an [From the New York Times, May 20, 2005] Ron will be at the Joseph Gallagher Middle undue hardship on many families’ time and School in Ohio’s 10th Congressional District AMERICA’S NURSE financial resources. on May 27, 2005, to participate in the ‘‘Stars Mr. Pernet Herna´ndez is representative of (By Teri Mills) for Peace’’ rally for peace and violence pre- the Cuban people’s desire for liberty; despite So, national nurses’ week has come and vention. constant harassment, despite incarceration in gone and what happened? Nothing, despite A musician, actor, and dynamic entertainer a grotesque gulag, he continues to fight for estimates that by 2020 there will be 400,000 with incredible vocal ability, Ron Ellington Shy fewer nurses than are needed in this country. the inalienable human rights of the Cuban Drastic action is required. And here’s the ac- was inducted into the Rock & Roll Hall of people. It is a crime against humanity that tion I suggest: dethrone the surgeon general Fame as a former member of such legendary Castro’s totalitarian dungeons are full of men and appoint a National Nurse. groups as ‘‘The Coasters,’’ ‘‘The Drifters,’’ and and women, like Mr. Pernet Herna´ndez, who Here’s why. Prevention is the best way to ‘‘Don & Dewey.’’ represent the best of the Cuban nation. lower health care costs. If people take care Ron was born and raised in Cleveland. He Mr. Speaker, it is totally unacceptable that of themselves and don’t get sick . . . well, moved to California where he attended Ful- brave men and women are locked in dun- you know the rest. And who better to edu- lerton Junior College and continued his edu- geons because they believe in freedom, cate Americans on how to take better care of cation at the University of Southern California, themselves than nurses? human rights, and the rule of law. My Col- After all, nurses are considered the most majoring in psychology and minoring in music. leagues, we must demand the immediate and honest and ethical professionals, according His early career included playing professional unconditional release of Omar Pernet to a recent Gallup poll. It’s the nurse whom football and achieving many accolades for his Herna´ndez and every political prisoner in to- the patient trusts to explain the treatment athletic abilities. He was a Golden Gloves box- talitarian Cuba. ordered by a doctor. It is the nurse who ing champion and holds a black belt in Karate.

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.073 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1121 As a recording artist, Ron Ellington Shy per- [From the Annenberg Political Fact Check, (14.6 percent average increase), and four saw formed such memorable hits of the 1950s and May 25, 2005] a decrease (4.3 percent average), so we have 1960s as ‘‘Leavin’ It All Up To You,’’ ‘‘Jungle THE BIOGRAPHY OF A BAD STATISTIC—ABOR- a lot of work still ahead of us. TIONS RISING UNDER BUSH? NOT TRUE. HOW Clinton was careful not to state flatly that Hop,’’ ‘‘Justine,’’ ‘‘The Letter,’’ ‘‘Farmer John,’’ abortions were increasing nationally. She and my late colleague Sonny Bono’s ‘‘Koko THAT FALSE CLAIM CAME TO BE -AND LIVES ON spoke only of ‘‘some States’’ in which the Joe.’’ A gifted vocalist, Ron is also a versatile rate had increased. However, she omitted SUMMARY musician who plays guitar, piano, organ, saxo- any mention of other States where abortions phone, valve trombone, and harmonica. He is Politicians from Hillary Clinton and John were going down, inviting her listeners to Kerry to Howard Dean have recently con- known for his charismatic showmanship, in- conclude that the national trend to fewer tended that abortions have increased since abortions had reversed itself since Bush took volving his audience as they sing along to the George W. Bush took office in 2001. office. many classic oldies he performs in his shows. This claim is false. It’s based on an an And in fact a few days later, in an inter- As an actor, Ron has appeared on television opinion piece that used data from only 16 view on NBC’s Meet the Press on January 30, in such notable programs as ‘‘Dallas,’’ ‘‘Knotts States. A study by the Alan Guttmacher In- 2005, Senator John Kerry claimed that abor- Landing,’’ and ‘‘Falcon Crest,’’ as well as TV stitute of 43 States found that abortions tions were up, period: Kerry: And do you know that in fact abor- commercials for Right Guard deodorant, have actually decreased. ANALYSIS tion has gone up in these last few years with Church’s Chicken, and the California Lottery. the draconian policies that Republicans A number of politicians and organizations have. . . . Currently, Ron is on a national tour acting have been circulating an interesting and sur- the role, and performing the music, of the late A Kerry spokesman confirmed at the time prising idea: that abortions have gone up to FactCheck.org that Kerry was relying on Ray Charles. Ron graciously accepted the in- under George W. Bush’s watch. The claim is the Stassen article for his information. vitation of the Joseph Gallagher Middle repeated by supporters of abortion rights as Finally, as recently as May 24, 2005, Demo- School, the East Cleveland Neighborhood evidence that Bush’s anti-abortion policies cratic National Committee chairman How- Center, and local Hip-Hop impresario Bill ‘‘Sil- have backfired, or at least been ineffective. ard Dean also asserted on NBC News’ Meet But the claim is untrue. In fact, according ver B’’ Richards, to participate in the ‘‘Stars for the Press: to the respected Alan Guttmacher Institute, Dean: You know that abortions have gone Peace’’ rally for peace and violence preven- a 20-year decline in abortion rates continued up 25 percent since George Bush was Presi- tion. Ron and the sponsors and organizers of after Bush took office, as shown in this dent? this event understand the importance of inter- graph: Source: Alan Guttmacher Institute, Dean’s ‘‘statistic’’ went unchallenged by national peace and that peace begins with ‘‘Trends in Abortion in the United States’’ moderator Tim Russert, so millions of view- each of us as individuals and in our homes. Here’s the story of how a false idea took ers probably got the impression that Dean’s hold. very specific 25 percent figure was correct. Mr. Speaker, and Colleagues, it is my pleas- THE BIRTH OF A BAD STATISTIC But Dean was wrong—and by a wide margin. ure to welcome Ron Ellington Shy to Ohio’s We asked the Democratic National Com- The claim that abortions are rising again mittee repeatedly where Dean got his 25 per- 10th District, to congratulate him on his many can be traced back to an opinion piece by cent figure, but we got no response. Even if accomplishments, and to commend him on Glen Harold Stassen, an ethics professor at Stassen’s estimate of 52,000 additional abor- taking a stand in using his fame and inter- Fuller Theological Seminary. His article tions were correct, that would figure to an national recognition to promote world peace originally appeared in a web and e-mail pub- increase of less than 4 percent. And in any lication of Sojourners, a Christian magazine, and violence prevention. case the rate is going down, not up, accord- in October 2004. Several other outlets, in- ing to the most authoritative figures avail- cluding the Houston Chronicle, also ran a f able. similar piece co-authored by Stassen and journalist Gary Krane. The articles gen- CHERRYPICKING DATA FACTS SHOW CLAIMS OF IN- erated a good deal of discussion on a number A close reading of Stassen’s article makes CREASED ABORTIONS OVER of both liberal and conservative blogs. clear that he didn’t even pretend to have LAST FOUR YEARS DON’T HOLD Describing himself as ‘‘consistently pro- comprehensive national data on abortion UP life,’’ Stassen reported that he ‘‘analyzed the rates. He said he looked at data from 16 data on abortion during the Bush presi- States only—and didn’t even name most of dency’’ and reached some ‘‘disturbing’’ con- them. HON. CHRISTOPHER H. SMITH clusions. ‘‘Under President Bush, the decade- Stassen said that in the four States that long trend of declining abortion rates ap- had already posted statistics for three full OF NEW JERSEY pears to have reversed,’’ he said. ‘‘Given the years of Bush’s first term, he found that trends of the 1990s, 52,000 more abortions oc- abortion was up. Twelve more States had IN THE HOUSE OF REPRESENTATIVES curred in the United States in 2002 than posted statistics for 2 years of Bush’s term— 2001 and 2002—and here the picture was Thursday, May 26, 2005 would have been expected before this change of direction.’’ mixed. According to Stassen, ‘‘Eight states saw an increase in abortion rates (14.6 per- Mr. SMITH of New Jersey. Mr. Speaker, for Stassen’s broad conclusion wasn’t justified by the sketchy information he cited, how- cent average increase), and five saw a de- about a year now a myth has been promoted ever. Furthermore, a primary organization crease (4.3 percent average).’’ A version of that abortions have increased since President he cited specifically as a source for histor- the piece in the Houston Chronicle reported Bush was elected in 2000. This myth was ical data now contradicts him, saying abor- instead that four saw a decrease with a 4.3 launched publicly when Glen Stassen and tions have continued to decline since Bush percent average. Gary Krane published a piece in October of took office. More about that later. So Stassen was projecting findings onto the entire country from 12 States that he 2004, called ‘‘Why abortion rate is up in Bush HILLARY CLINTON USES IT said had showed an increase and 5 (or maybe years’’ that attempted to make the case that Stassen offered his article as evidence that 4) that he said had shown a decrease. That President Bush’s pro-life policies have not Bush’s economic policies were driving preg- leaves a total of 34 other States for which been effective in decreasing abortion. nant women to abortion. And although he Stassen had no data whatsoever. opposes abortion, his claim was soon picked Furthermore, Stassen is contradicted by This mantra was picked up and repeated by up and repeated uncritically by the other one of the very organizations whose data he many public figures and organizations who do side—supporters of abortion rights. In a cites. The only primary source of data that not hold pro-life positions, but the facts simply speech to family-planning providers in New Stassen cites specifically in the article is the do not support their claims. In fact, abortion York on January 24, 2005, Sen. Hillary Clin- Alan Guttmacher Institute, a nonprofit orga- has continued to decrease while President ton recounted decreases in the abortion rate nization that conducts a periodic survey of Bush has been in office, as demonstrated by that occurred in her husband’s administra- all known abortion providers, which num- tion, then lamented that the situation had an Annenberg Political Fact Check piece post- bered nearly 2,000 at last count. changed. She repeated exactly some of the Guttmacher’s statistics are widely used and ed yesterday at www.factcheck.org and called figures that Stassen had given in his Hous- respected by all sides in the abortion debate. ‘‘Abortions rising under Bush? Not true. How ton Chronicle article. It is the only organization to compile and that false claim came to be and lives on.’’ Clinton: But unfortunately, in the last few publish national abortion-rate data other To debunk the myth that the number of years, while we are engaged in an ideological than the federal Center for Disease Control. debate instead of one that uses facts and evi- CDC’s official statistics, however, run only abortions have increased over the last 5 dence and common sense, the rate of abor- through 2001, so they shed no light on what years, I am submitting the Annenberg Political tion is on the rise in some states. In the has happened since Bush took office. Fact Check analysis to the CONGRESSIONAL three years since President Bush took office, And Guttmacher—as we shall see—now RECORD: 8 states saw an increase in abortion rates says abortion rates have decreased since

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.078 E26PT1 E1122 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 Bush took office. And that’s based on data Jamaican relationship. The Jamaica Tourist OUTSTANDING ARTISTS FROM THE from 43 States, not just 16. Association recently celebrated its 50th anni- 11TH CONGRESSIONAL DISTRICT DE-BUNKING THE STATISTIC versary. In such time it has gone about mak- OF NEW JERSEY Stassen’s numbers, and the widespread ac- ing Jamaica one of the top tourist destinations ceptance they seemed to be getting, prompt- in the world. The JTA will be celebrating their HON. RODNEY P. FRELINGHUYSEN ed the Guttmacher Institute to conduct a anniversary throughout the year with a series OF NEW JERSEY special analysis to update its comprehensive of events and initiatives, and I am happy to census of abortion providers for the year IN THE HOUSE OF REPRESENTATIVES 2000. The increases that Stassen reported acknowledge their accomplishments here Thursday, May 26, 2005 ‘‘would be a significant change in a long- today. The mission of the Jamaican Tourist Board Mr. FRELINGHUYSEN. Mr. Speaker, once standing trend in the U.S.,’’ Leila Darabi of again, I come to the floor to recognize the the institute explained to Factcheck. is to effectively market Jamaica’s tourism sec- Besides the fact that Stassen claimed to tor, in an increasingly competitive global tour- great success of strong local schools working have data only from 16 States, the ism industry. To date, they have succeeded with dedicated parents and teachers to raise Guttmacher Institute said it is likely that not only in making Jamaica a global tourism young men and women. I rise today to con- many of the States Stassen picked have powerhouse, but also strengthening ties be- gratulate and honor 44 outstanding high higher abortion rates historically, have a school artists from the 11th Congressional higher concentration of population sub- tween the United States and Jamaica. The United States is the largest source of District of New Jersey. Each of these talented groups that tend to have more abortions, and students is participating in the 2005 Annual tourists to the island of Jamaica. Of the record see abortion rates rise more quickly when Congressional Arts competition, ‘‘An Artistic 2.5 million international tourists to Jamaica in they do go up. Stassen himself named only Discovery.’’ Their works of art are exceptional! Kentucky, Michigan, Pennsylvania and Colo- 2004, over one million came from the U.S. We have 44 students participating. That is a rado among the 16 States he says he studied, With tourism the primary foreign exchange tremendous response, and I would very much but his co-author on the Houston Chronicle earner for Jamaica, it is a cornerstone of the article listed each State in a separate article like to build on that participation for future country’s economic strength. That strength competitions. posted on the Internet. has translated into real benefits for the United The Guttmacher Institute found that two Mr. Speaker, I would like to congratulate the of the States Stassen used had unreliable re- States. three winners of our art competition, first place porting systems. In Colorado, for instance, In 2004, Jamaica was the second largest was awarded to Paul Niziolek from Ridge High where Stassen claimed that rates ‘‘sky- destination for American exports in the Carib- School for his work entitled, ‘‘Shut Off;’’ sec- rocketed 111 percent,’’ the reporting proce- bean, totaling over $1.4 billion. This is no ond place was awarded to Tommy Lientitled dure had been recently changed in order to doubt related to the purchasing power that the from Livingston High School for his work enti- compensate for historic underreporting. tourism sector affords Jamaica. As such, the tled, ‘‘Self-Reflection;’’ and third place was Guttmacher also found Arizona had an in- work of the Jamaican Tourist Board has broad awarded to Chris Murphy from West Morris consistent reporting system. implications for both our nations. Mendham High School for his work entitled, THE FACTS The JTB continues to face many obstacles ‘‘Turn Away.’’ The Guttmacher Institute announced its in developing the tourism sector. Last year’s Mr. Speaker, I would like to recognize each findings May 19. Guttmacher analyzed avail- Caribbean hurricanes caused Jamaica hun- artist for their participation by indicating their able government data ‘‘as an interim meas- dreds of millions of dollars in damage. The high school, their name, and the title of their ure until another provider census can be con- tourism sector was not spared from the hurri- ducted’’ according to a news release. The in- contest entries for the official Record. terim study analyzed data from 43 States de- canes’ wrath, and is only now beginning to re- Pope John High School: Kaelen Barden’s termined to have reliable State reporting cover. ‘‘Color in Time,’’ Colleen Sullivan’s ‘‘Palms,’’ systems. With that said, we in the United States must Amanda Grace’s ‘‘Beach.’’ What it found was that the number of abor- do all we can to ensure that we do not hinder Roxbury High School: Ryan Jouas’s ‘‘Call tions decreased nationwide—by 0.8 percent in the recovery, not only for Jamaica, but for the for Details,’’ Laura Montoya’s ‘‘Alex,’’ Emily 2001 and by another 0.8 percent in 2002. The entire Caribbean. One such hindrance is the Schumacher for her untitled work, Melody abortion rate, which is the number of women Bush Administration’s proposed Western Idakaar’s ‘‘Eremos # 3.’’ having abortions relative to the total popu- Hemisphere Travel Initiative. Randolph High School: Morgan Kolenut’s lation, also decreased 1 percent in 2001 and ‘‘I’m just mad about saffron,’’ Maria 0.9 percent in 2002. That’s not as rapid a de- I am opposed to aspects of the Initiative, due to inequities in the Initiative’s implementa- Soshinsky’s ‘‘You Shoot You Score!’’ crease as had been seen in earlier years, but Morris Knolls High School: Cheryl Hutnikoffs it is a decrease nonetheless. tion. As currently proposed, the initiative will We give much weight to Guttmacher’s require all travelers to and from the Americas, ‘‘Azure Blue,’’ Maria Nuzhdin’s ‘‘NYC,’’ Jackie analysis. Their figures are widely used and the Caribbean, and Bermuda to have a pass- Trimmer’s ‘‘Lizzy,’’ Kimberly McConnell’s ‘‘Say accepted by both anti-abortion groups and port to enter or re-enter the United States. It Cheese.’’ abortion-rights advocates. Their surveys of is argued that the stricter policy will strengthen Montville High School: Tyler Martin’s ‘‘En- abortion providers go back to 1973, and Stas- border security. tanglement,’’ Catherine Kocses’s ‘‘Give Me A sen cites them himself as the source for the However, the Initiative is to be implemented Minute,’’ Nanase Nakanishi’s ‘‘Cold Winter number of abortions in 2000. in region specific phases, with travel to the Morning,’’ Jenny Kong’s ‘‘ST. Basil Studio.’’ Guttmacher has little motive to make Boonton High School: Audrey Brennan for Caribbean, Bermuda, and Central and South Bush and his anti-abortion policies look his untitled work, Amy Salas’s ‘‘Self Portrait,’’ America being affected by the end of 2005, good. The institute was founded in 1968 in Alexander Della Torre’s ‘‘Girls from Narnia,’’ honor of a former president of the Planned while travel to Canada and Mexico will not be Parenthood Federation of America, and de- Jennifer Hitchings’s ‘‘Old Caddilac.’’ affected until the end of 2006. I believe the Mount Olive High School: Meghan Marvin’s scribes its mission as being ‘‘to protect the early implementation date for the Caribbean is reproductive choice of all women and men in ‘‘Waning Light, ‘‘ Cassy Nickens’s ‘‘Trapped unfair. Expression,’’ Kyle Toolen’s ‘‘Lunch Break,’’ the United States and throughout the With more than 50% of U.S. visitors to Ja- world.’’ Had Stassen’s numbers proven accu- Elisa Winsze’s ‘‘Riverside Wagon.’’ rate, the Institute ‘‘would have reported and maica not utilizing a passport when they trav- West Morris Mendham High School: Drew widely publicized a rise in abortion rates,’’ el, and considering that passport processing Koze’s ‘‘March in Shadow,’’ Chris Murphy’s said Darabi. But facts are facts. times can range up to 2 months, it can be ex- ‘‘Turn Away,’’ Melissa Katie Krajewski’s ‘‘Pa- f pected that the new requirements will have an cific Sunset,’’ Andrew Herdren’s ‘‘Atmosphere extremely negative impact on Jamaican tour- Friends.’’ THE 50TH ANNIVERSARY OF THE ism, as many U.S. tourists may choose vaca- Ridge High School: Michael Raynes’s JAMAICA TOURIST BOARD tion options that entail less hassle. As such, ‘‘Organ Donation,’’ Samantha Mansfield’s ‘‘Self implementing new travel requirements on the Portrait / EEK! A mouse!,’’ Paul Niziolek’s HON. CHARLES B. RANGEL Caribbean before other regions clearly war- ‘‘Shut Off,’’ Lisa Cirelli’s ‘‘Close-up Lens.’’ OF NEW YORK rants reconsideration. Livingston High School: David Runfola’s IN THE HOUSE OF REPRESENTATIVES With that said, I wish the Jamaican Tourist ‘‘Swift Limits,’’ Justine Bienkowski’s ‘‘Shat- Board continued success, as its work will con- tered,’’ Tommy Li’s ‘‘Self-Reflection,’’ Casey Thursday, May 26, 2005 tinue to be extremely important to both our na- Krosser for her untitled work. Mr. RANGEL. Mr. Speaker, I rise today to tions. If the ever-increasing bond between our Morris Hills High School: Brian Manna’s mark the anniversary of an entity which has countries is any indication; the future success ‘‘Proud,’’ Julie Carlsen’s ‘‘Ode to Van Gogh,’’ proven very important to the long standing US/ of Jamaican tourism is extremely bright. Patricia Doris’s ‘‘Our Responsibility.’’

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.082 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1123 Millburn High School: Bella Manoim’s RECOGNITION OF MILITARY FAM- IN MEMORY OF GLYNN DUNLAP ‘‘Pearberry Trees,’’ Mary D’Alessio’s ‘‘Climb- ILY AND SERVICE ORGANIZA- ing,’’ Kate Silverman’s ‘‘Childhood at a TIONS ON MEMORIAL DAY HON. JON C. PORTER Glimpse,’’ Gabriella Cammarata’s ‘‘IL Duamo.’’ OF NEVADA Each year the winner of the competition’s HON. MELISSA L. BEAN IN THE HOUSE OF REPRESENTATIVES art work is hung with other winners from Thursday, May 26, 2005 across the country in a special corridor here at OF ILLINOIS the U.S. Capitol. Every time a vote is called, Mr. PORTER. Mr. Speaker, I stand today to IN THE HOUSE OF REPRESENTATIVES I walk through that corridor and am reminded honor the memory of a fellow Nevadan. Mr. Glynn Dunlap passed away at the age of of the vast talents of our young men and Thursday, May 26, 2005 women. eighty-three after bringing smiles to the faces Ms. BEAN. Mr. Speaker, I rise today to pay of small children for the past twenty years. Indeed, all of these young artists are win- Glynn Dunlap became well known in the Las ners, and we should be proud of their achieve- tribute to the military family organizations and veterans service organizations that do so Vegas valley and by children across the coun- ments so early in life. try through his artwork and devotion to young much to support and serve the brave men and children plagued with terminal cancer and Mr. Speaker, I urge my colleagues to join women of our Armed Forces. me in congratulating these talented young other terminal diseases. I know that he will be people from New Jersey’s 11th Congressional This Memorial Day, Americans gather to re- missed. District. member the fallen, and acknowledge the con- Mr. Glynn Dunlap was born in Herculean, tributions of our service personnel. Because of Missouri, in 1922. He later moved to California f the contributions and sacrifices of our fellow as a commercial artist and retired to Boulder Americans, we are able to enjoy the freedoms City, Nevada. Upon his retirement, he and his HONORING THE LIFE OF ARMY and security of this great country that we do wife begun working with mentally-challenged SPECIALIST JAMES H. MILLER IV today. We are so fortunate to live in America, children. Mr. Dunlap noticed the determination and to be able to call these people our own. and hard work in these young kids and began making certificates of achievement to honor On this day, our thoughts also turn to those HON. JOHN A. BOEHNER their efforts. who contribute to the needs of our men and After giving a certificate one day in 1985 a OF OHIO women who wear the uniform of the United child approached him for a cartoon; thus IN THE HOUSE OF REPRESENTATIVES States Military. began a new passion. For the next twenty Mr. Speaker, the family members of Amer- years Mr. Dunlap drew cartoons for any child Thursday, May 26, 2005 ica’s men and women in uniform have always who asked. Shortly after he began drawing for Mr. BOEHNER. Mr. Speaker, I rise today to been one of our nation’s greatest assets, and children, Mr. Dunlap joined forces with such pay tribute to the life and legacy of Army Spe- often our unsung heroes. Perhaps now as organizations as the Muscular Dystrophy As- cialist James H. Miller IV. As our country hon- much as ever, the support of our military fami- sociation and the Candlelighters. His son, Don ors our military personnel, both past and lies on the Homefront is crucial to maintaining Dunlap, said he dedicated so much time to present, this Memorial Day, I want to take this the spirit of our warfighters. those kids because it brought joy to those who were suffering; he did it ‘‘to see a kid smile.’’ opportunity to remember those who have sac- Now, all across the country, groups of mili- rificed their lives for our freedom and security. Mr. Speaker, I stand here today to extend tary families and their neighbors are con- my gratitude for Mr. Dunlap’s many contribu- Army Specialist Miller leaves behind a leg- tinuing to work to support their loved ones sta- tions and to honor the wonderful memory of acy of honor, service, and compassion to his tioned overseas. As more National Guard and this excellent role model. I know that Mr. family and friends. He died protecting a polling Reserve units are deployed abroad, far from Glynn Dunlap will be missed, but not forgot- location which allowed Iraqis the opportunity to their homes, many of their families have orga- ten, especially by all the families he helped decide their own future. nized to send much needed gifts, messages cope during some of the most difficult times in Army Specialist Miller served as a medic from schools, basic supplies difficult to come their lives. with the United States Army and aspired to by in Iraq or Afghanistan, or elsewhere. These f enter the medical profession and work with families do so generously, in addition to the MOURNING THE PASSING OF trauma patients. He is remembered for his extra burdens of taking care of a family while JIMMY PETTYJOHN, JR. commitment to the well-being of his fellow sol- a parent is away, either out of love of their diers and for his sensitivity to the needs of family or on the part of a serviceperson they others. In addition, he is remembered for his have never met. HON. JON C. PORTER love of music, and he particularly enjoyed OF NEVADA Mr. Speaker, I also want to recognize the playing the drums and guitar. Based on his IN THE HOUSE OF REPRESENTATIVES work of our veterans service organizations. reputation for compassion and commitment to Thursday, May 26, 2005 the men and women he medically treated, I These patriots and committed veterans who have no doubt he would have been effective continue to serve long after their orders have Mr. PORTER. Mr. Speaker, it is with deep in the medical field. expired are the living embodiment—and the sympathy that I rise today to mourn the pas- conscience—of the American spirit. And their sage of Mr. Jimmy Pettyjohn, Jr. and to pay Mr. Speaker, it is with a heavy heart that I service extends beyond the military. These special respect to the family he left behind at pay my last respects to a young man who was groups with household names like the Amer- his untimely passing on April 28, 2005. so full of life; to a young man who had a full ican Legion and Veterans of Foreign Wars are Mr. Pettyjohn embodied the definition of a and bright future ahead of him. I pray Army friendly faces in our communities. Across Illi- leader and statesman, leaving an indelible Specialist Miller’s family and friends find peace nois’ Eighth District, like countless other com- mark on the Southern Nevada Community. In- in their hearts, knowing his country is grateful deed, the contributions he made throughout and humbled by his sacrifice. I thank our munities, these organizations provide leader- ship and guidance, they are a role model for his life stand as a simple symbol of humility brave men and women in uniform for con- and integrity to those who will examine his life tinuing with our mission in Iraq, which is the our children, and they are a constant reminder of the call to—and value of—public service and seek to emulate his spirit of service. ultimate tribute to our fallen soldiers, marines, Mr. Pettyjohn affected many people in so sailors, and airmen. Today, I ask my colleagues to join me in many positive and uplifting ways from his var- Jimmy, to you I offer my sincere gratitude recognizing the contributions—and sacrifices— ied and personal contributions to such groups and my solemn commitment to continue to of our military spouses and families, and the as the Church of Jesus Christ of Latter Day support your friends, the members of your continuing service of members of America’s Saints, the Las Vegas Southwest chapter of unit, and the men and women in Iraq who are veterans service organizations. They provide Rotary International, the Boys Scouts of Amer- continuing without you. Thank you for seeing so much, so selflessly, to strengthen our mili- ica and the youth golf organization First Tee of a vision greater than yourself and for the tary and the values we all hold so dear. Amer- Southern Nevada to his endless dedication as strength of your commitment to our country. ica absolutely is stronger—and richer—be- owner of his own insurance business. Through God bless you. cause of their service. these organizations and countless other

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.084 E26PT1 E1124 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 causes, one can clearly see how great and for Security and Cooperation in Europe body and to the funeral costs. I went to see generous a person he was and how much a (OSCE) in Vienna, Austria. The OSCE has a her mother, younger sister Jana, and her void his absence will be to the Las Vegas long history of combating all forms of daughter Victoria. We spent many hours to- Community. human trafficking, including trafficking for gether over several days, but the family did Mr. Pettyjohn is survived by his wife, Gina; commercial sexual exploitation as well as not want to talk about Mariana—although forced and bonded labor within the frame- everyone knew what had happened to her. daughters, Ashton and Cheyanne; sons, work of prevention, prosecution and protec- The stigma of Mariana’s life as a trafficked Jimmy C. III and Chazton; father Coy; mother tion. A unique characteristic of the OSCE’s woman was a great burden for the family. Sonya; sisters, Patty Lattuga and Pam Action Plan to Combat Trafficking in Coupled with the suicide, it was too much to Gardineer, both of Henderson; and brothers, Human Beings is the recognition of human bear. There were no visible pictures of her in Jaime of Jupiter, Fla. and Jerry of Henderson. trafficking as a complex, multidimensional the home but I finally asked to see photos. Truly, I will miss his friendship and his pres- issue with far reaching security implica- The mother warmed to us then and for a few ence will be missed by all who knew and tions. Consequently, the Action Plan enjoins moments we all wept together as women and loved him or simply had the opportunity to all of the OSCE institutions and structures, as friends. All except for little Victoria who meet him. including the Strategic Police Matters Unit continued to express anger that her mother and the Office of the Coordinator for Eco- came home in a box and that she was not al- f nomic and Environmental Activities, as well lowed to see her. EXAMINING EFFORTS TO as the Office for Democratic Institutions and In particular, I was deeply moved by the ERADICATE HUMAN TRAFFICKING Human Rights, to work together toward younger sister, Jana, and became concerned combating trafficking in human beings. for her future. Blonde (as much as it pains I appreciate the opportunity to address me, there is a stereotype), bright-eyed and HON. CHRISTOPHER H. SMITH you today on the status of Trafficking in quite lovely, she asked eagerly about life in OF NEW JERSEY Human Beings in Eastern Europe with a the United States and wondered if I could IN THE HOUSE OF REPRESENTATIVES focus on the countries of Moldova, Belarus help her get there. I thought, how easily Thursday, May 26, 2005 and Ukraine. I would like to thank you, swayed she would be by anyone who offered members of the Human Rights Caucus, for her a situation similar to her sister’s. For Mr. SMITH of New Jersey. Mr. Speaker, your sustained commitment to this noble weeks her image would not leave me and I May 12, 2005, I chaired a Capitol Hill briefing, cause and for keeping informed of the most made some inquiries, unwilling to accept ‘‘Sex Trafficking in Eastern Europe: Belarus, current issues, trends and challenges. The that her plight had to be the same as her sis- Moldova, and Ukraine,’’ conducted for the OSCE looks forward to being of assistance to ter’s. Was there in fact no hope for her? I Congressional Human Rights Caucus. The you in any way we can, and to continuing learned that a year of university would cost Caucus heard testimony from a number of ex- our good work together. about $USD 500; she would then need money The movement to Combat Trafficking in for supplies and fees, and income to supple- cellent witnesses regarding current efforts in Persons is poised to become one of the most ment the money she was making in a candy Eastern Europe to combat human trafficking significant human rights movements in the factory. I engaged with a social worker for forced economic or sexual exploitation. past two hundred years, but it isn’t there there, part of a large organization that as- Since the late 1990s, I have worked to yet. I say this very carefully. For, notwith- sisted trafficked women. I asked them, what eradicate trafficking in the United States and standing the central position that human could happen, and what were the options? It around the world. As Co-Chairman of the trafficking has occupied on the world stage took a long time to get answers, because the Commission on Security and Cooperation in for the past five years, the tragic, graphic social workers have very little capacity to Europe and as Special Representative on stories by print and broadcast media, the assist victims, or potential victims, to find Human Trafficking for the Parliamentary As- high level of political visibility and, last but long-term solutions, the focus being pri- sembly of the Organization for Security and far from least, the hundreds of millions of marily on emergency care. Finally I was told dollars and Euros made available by donor that Jana could be sent to hairdressing Cooperation in Europe (OSCE), I have given countries, trafficking in human beings is in school, and that she would receive assistance particular attention to the situation in the 55 fact a growth industry. Obviously, this state- with job placement after she left. However, OSCE participating States, which include ment begs the question, ‘‘Why?’’ I would like there was no money, not even the small sum source, transit and destination countries for to devote the bulk of my testimony today to $800 that would take care of all costs. To- victims of trafficking, such as Belarus, providing some thoughts that might prove gether with a few friends, we paid for Jana to Moldova and Ukraine, The United States has beneficial to policy makers as well as practi- go to school, and learn a trade. I was deeply been a solid supporter of the OSCE’s role in tioners as we all attempt to ‘‘get it right.’’ I disappointed at how few options were avail- generating the political will—and programmatic would like to begin with a real-life story. able and by the lack of attention to the long responses—necessary to stop trafficking in MARIANA AND JANA term. Parenthetically, I must say how exas- A year and a half ago, I went to Moldova. perated I get when I hear that vocational Europe and Eurasia. training for trafficked women consists of Among those briefing the Congressional Although I went there to participate in an international conference, one of my personal beauty school. This is certainly a fine trade, Human Rights Caucus was Michele Clark, but how many beauticians can small coun- Head of the OSCE’s Anti-Trafficking Assist- goals was to visit with a family I had only heard about, but wanted very much to meet. tries support? Another important fact is that ance Unit in Vienna, Austria, and previously Four months earlier, the eldest daughter, a many of these women are intelligent and re- Co-Director of The Protection Project at Johns beautiful young woman in her early twenties sourceful, and would do well in business or Hopkins University. Ms. Clark is a dedicated and herself the mother of a three-year-old any of the other professions. and knowledgeable anti-trafficking advocate. daughter, tragically killed herself, by hang- To summarize this story, I would like to Her recognized expertise on human trafficking ing in the country where she had been traf- quote my colleague Antonia DeMeo, who is ficked, abused, finally imprisoned as she the Human Rights and Senior Anti-Traf- issues led to her appointment at the OSCE in ficking officer at the OSCE Mission to which she is now at the forefront of the anti- waited to participate in the prosecution of her traffickers. I do not apply the word, ‘‘res- Moldova: ‘‘If the economic situation in trafficking movement in Europe. Moldova would improve, then I believe that Mr. Speaker, I ask that Ms. Clark’s prepared cue’’ to such circumstances. She worked with the law enforcement officials of that the trafficking problem would decrease. Peo- statement from the briefing be printed in the country and her testimony resulted in a con- ple are looking for work and money, and bet- CONGRESSIONAL RECORD. Her statement was viction and stiff sentence. The only option ter opportunities for the future, and will both visionary and practical and challenges all available to her, at the end of the legal pro- take significant risks to get them. [While of us—Members of Congress and representa- ceedings, was return to her country, and for working in the Balkans] I saw numerous asy- tives of governments alike—to take bold, de- that she was asked to pay $80 for her travel lum and residency petitions filed by finitive steps to eradicate modem day slavery. documents. Return to what, however? A job Moldovans and none of them wanted to re- turn to Moldova. Why? Because they saw no Ms. Clark’s statement also encourages us, that would pay about 30 dollars a month? A home without a father, because hers was ab- future there. You can provide them with all and I believe rightly so, to evaluate carefully the counseling you want—it will not solve whether our current programs and strategies sent 8 months of the year, a migrant worker in Western European countries, trying to the problem of creating a viable future. are effectively meeting that challenge. make money to send home? For her daugh- CHARACTERISTICS OF COUNTRIES OF ORIGIN TESTIMONY OF MICHELE A. CLARK, HEAD, ter, a life with prospects not much different Today we are talking about three different ANTI-TRAFFICKING ASSISTANCE UNIT, ORGA- than her own? Rather than return to a future countries: Moldova, Belarus and Ukraine. I NIZATION FOR SECURITY AND COOPERATION IN with no hope, Mariana as I will call her now, would like to identify common elements EUROPE: SEX TRAFFICKING IN EASTERN EU- ended her own life. among each of these countries in an effort to ROPE: MOLDOVA, UKRAINE, BELARUS Her body was flown to Moldova, where she assist our policy and programmatic initia- INTRODUCTION was buried. An international organization tives. I am Michele Clark, Head of the Anti-Traf- there as well as an NGO in the destination These three countries are among the top ficking Assistance Unit at the Organization country contributed to the transport of the ten countries of origin for trafficking for

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.086 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1125 prostitution in the world, according to a concretely recognize that they create the de- tions, movements, trained personnel in rural United Nations report dated May 2003. It is mand which encourages human trafficking communities, small towns and big cities who interesting here to note that these countries and enables organized criminal groups to will be able continue to pressure their gov- have all undertaken serious efforts towards generate billions of dollars annually in tax- ernments and work to assist individuals? legislative reform to address trafficking in free revenue at the cost of human misery. Let us look again at Moldova. This small human beings. Laws alone do not stop traf- Furthermore, countries of destination need country with a population of barely 4 million ficking, although they are a necessary place to develop humane and compassionate ap- people is now receiving between $USD 10M– to start. proaches to victim identification, victim 12M over several years to combat trafficking These countries share many of the same protection, and long-term victim assistance. in persons. Here are some questions we need routes, and many of the same countries of Successful reintegration begins at the coun- to think about, not only for Moldova, but for destination, including but not limited to try of destination. all countries receiving large amounts of ex- Italy, the United Arab Emirates, Germany, After making this distinction, I personally ternal assistance. Czech Republic, Belgium, Switzerland, Swe- believe that it is no longer adequate to talk To what extent are these funds actually den, Greece, France, Finland, the Nether- about solutions, policies and practices di- reaching trafficked persons or developing lands, Hungary, Poland and the United rected exclusively towards countries of ori- grass roots capacity? States. gin and destination, for these countries are To what extent are these funds being in- These countries are primarily countries of in fact linked by very complex relationships vested to ensure sustainable anti-trafficking origin for women trafficked for purposes of that include financial institutions, border initiatives? commercial sexual exploitation. However, and immigration police, law enforcement, To what extent is there coordination recent studies of trafficking patterns in the tourist and transportation industry, and among donors to ensure that there are no du- these countries indicate new trends, notably other equally significant commercial and plicated efforts? trafficking of children (boys and girls), traf- professional enterprises. To address only a Who is around the table at these coordi- ficking for labor, and the development of country of origin without looking at where nating meetings? Are the right partners local sex tourism. This particular trend is the reward comes from for criminal activity present in order to make sure that these ef- very unsettling. The sex tourism is a by- is an incomplete approach, and will therefore forts are able to continue into the future, product of coveted commercial development yield incomplete results. Regional ap- long after grant money has decreased? necessary to the betterment of the col- proaches to combating trafficking in per- Are the faith communities involved? It is lapsing economic infrastructures. sons, linking countries of destination and or- well known at this time that faith commu- Numbers of trafficked persons are very dif- igin, have the best potential for arriving at nities have the capacity to reach trafficked ficult to come by, with most information comprehensive and systemic solutions. persons which are normally outside of the being provided by countries of destination. In addition to the challenge of complex po- grasp of other organizations; this comes Victim identification remains inadequate. litical and commercial relationships men- from the fact that they are closely linked to Most trafficked persons return to the same tioned above, I would like to talk briefly the communities and have the trust of the conditions which initially compelled them to about the great challenge of victim identi- local populations—including the trust of seek employment elsewhere. The hardship is fication, underscoring why there is such ur- trafficked persons. compounded, however, by the fact that they gency in addressing this topic. From 1 Janu- RECOMMENDATIONS are often stigmatized as a result of their ary 2000 to 31 December, 2004, the Inter- 1. Coordinate initiatives of major donors to trafficking experiences. Furthermore, crimi- national Organization for Migration (IOM) ensure that there will be no duplication of nal status that ensues from being considered and other nongovernmental organizations efforts, and that there will be monitoring of an illegal immigrant, or being in possession assisted 1,464 trafficking victims to return to grant activities. of fraudulent documentation further Moldova, and this number includes 81 mi- Make sure that grants provide for a broad marginalizes these women and shuts them nors. In 2004, one destination country alone representation of local NGOs. out of the formal economy. documented repatriation of 1,774 Moldovan Make sure that funded projects ensure pro- Overall, there is a lack of protection and women. These women were listed as illegal vision of benefits directly to individuals and re-integration programs for returning traf- immigrants; however, human rights groups to the empowerment of small local NGOs. ficked persons. Most programs provide short in this country attest that the majority of Many budgets give only token amounts to term assistance only and are not equipped to Moldovan women who are arrested for viola- local initiatives while having large budgets provide long-term support to trafficked per- tions of immigration laws are victims of for travel and foreign consultants. This is sons. Failure in identification of trafficked trafficking. Similar discrepancies can be the time to develop the grass roots work persons and the subsequent dearth of long- found among the other countries we are force. term assistance appear to be factors which talking about. In one year, one country re- Develop existing capacity and cultivate po- contribute to re-trafficking. ported more Moldovan women than other re- tential/future capacity. Are there suffi- Each country has experienced a period of ports claim were helped in five years. These ciently trained service professionals? Do great political instability. discrepancies require our serious consider- countries’ economic development plans fore- CHALLENGES TO COMBATING TRAFFICKING IN ation. Why the discrepancy? What needs to see the training of new members of the work HUMAN BEINGS be changed in order for women to seek out force taken from returning trafficked per- I believe that both countries of origin and assistance? Are the right groups providing sons? of destination have a responsibility for pro- the assistance so that trafficked persons feel Develop a long-term perspective to finding viding protection and assistance to victims protected? Is the assistance appropriate to long-term solutions rather than only ad- of trafficking, for the plight of women like the need? dressing immediate needs. Mariana, and to ensure that Jana, and even POLICY IMPLICATIONS Give priority to programs that work to- Victoria, will be able to contemplate a fu- Here I would like to ask two more ques- wards social inclusion—the forgotten step- ture with options and possibilities, much in tions: child of the anti-trafficking movement. the way all of us in this room approach the (1) What about the present? Are we really Make reintegration a long-term policy. future. making progress? If trafficking, as all indi- Members of the Human Rights Caucus, I In countries of origin, root causes need to cators tell us, is in fact a growth industry, will end where I began, challenging us to be considered. These run very deep, and com- then what do we not know? What are we get- consider that we could be part of the great- prise social and economic push factors that ting wrong? What in fact is the real impact est human rights movement of the past two drive women to seek employment overseas, of anti-trafficking funding? hundred years, with a legacy of freedom, re- including the absence of alternatives, the so- (2) What about the future? Are our current demption and hope that will serve as a model cial stigma that leaves trafficked persons efforts helping to lay a foundation that will for generations to come. Do we have the marginalized, and the on-going need to pro- enable prevention, protection and prosecu- courage, the discipline, and the wisdom to vide financial assistance to their families. It tion to continue after donor funds have de- make it happen? May it be so. Thank you. is also necessary to consider wide-spread cor- creased? f ruption, the lack of a human rights ap- I am particularly concerned about the need proach, mistrust towards the police and judi- to think about investing in the creation of THE MILLENNIUM DEVELOPMENT ciary, the absence of a tradition to resolve sustainable grass roots initiatives as opposed GOALS AND THE CARIBBEAN issues through court procedures, lack of co- to reactive project development. The ques- operation between the State and the civil so- tion of funding is of particular concern to me HON. CHARLES B. RANGEL ciety, widely spread distrust towards NGOs right now. Wealthy nations have responded OF NEW YORK as foreign agents and representatives of po- generously both by making funds available litical opposition, inadequate funding for the and by elevating this issue to one of high po- IN THE HOUSE OF REPRESENTATIVES implementation of anti-trafficking programs litical visibility. But let us be realistic. His- Thursday, May 26, 2005 and projects, lack of co-operation with coun- tory shows us that in time, another world tries of destination. This list goes on. crisis will capture world attention as well as Mr. RANGEL. Mr. Speaker, there has been Countries of destination, on the other money, even though human trafficking itself significant debate in recent years regarding hand,—and this includes us—will have to will not disappear. Will there be organiza- the chances of the developing world reaching

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.090 E26PT1 E1126 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 the Millennium Challenge Goals (MCG). [From the New York Carib News, May 3, 2005] have experienced far too few of its benefits, Reaching the goals will be a trying task, but CARIBBEAN MAY DEFY ‘‘OVERWHELMING while others still, particularly in the poorest some regions of the world seem to be making ODDS’’—AS REGION SEEKS TO IMPROVE PEO- countries, remain totally marginalized. Many feel threatened by the way these proc- satisfactory progress. The Caribbean is one PLE’S LIVING STANDARDS IN CHALLENGING TIMES esses have affected their communities, en- such region that has high hopes for success dangering their jobs and widening the gap In this first decade of the 21st century, in in this important endeavor. between rich and poor. For them a post 9/11, post Enron World the time seems globalization has not delivered on the prom- On the occasion of a recent Inter-American hardly propitious for the removal of obsta- ises of vast development opportunities on a Development Bank seminar on the issue of cles to the achievement of the Millennium global scale, nor has it lessened the preva- the Millennium Challenge Goals, Dame Billie Development Goals nor the realization of the lence of economic disparities and social in- Miller, Minister of Foreign Affairs for the island 0.7 percent of overseas Development Assist- justice. of Barbados, wrote an informative May 3rd ance Commitment. For the Caribbean, the only sensible re- Op-Ed which describes the prospects and Progress (towards the achievement of the Millennium Goals set by the world’s leaders sponse to globalization and trade liberaliza- challenges facing the Caribbean in regards to tion, and to the inevitable disappearance of achieving the Millennium Challenge Goals. summit in 2000) has been far from uniform across the world—or for that matter across trade preferences has been to expedite the Dame Miller’s overall view is that the Carib- the Goals. There are large disparities across deepening of the Caricom integration proc- bean’s progress to date has been very prom- and within countries. In terms of priorities ess. At this time, the members of the Carib- ising. Indeed, the United Nations Development for attention, the developing world is divided bean Community are fully engaged in the Program’s Regional Report for the Caribbean into well-organized categories: the LDC’s most ambitious of endeavors to consolidate our market place and economic space gives a rather bright prognosis for the majority (less developed countries), of which Haiti is the only member in the Caribbean, although through the implementation of the Carib- of the Caribbean’s nations in their MGD pro- bean Single Market and Economy, CSME, gression. However, some countries continue with a population of 8 million, it accounts for over 50 percent of the 14 million citizens which provides for the removal of barriers to to face significant obstacles. of the Caribbean Community, or Caricom, as trade, goods, services, movement of capital, For example, Haiti remains mired in political it is known; the HIPC (highly indebted poor) technology and skilled persons and also to instability and economic impoverishment. countries, of which Guyana, the seat of the the establishment of letterpresses. We expect Though it contains 50 percent of the Carib- Caricom secretariat, is the only one among that the CSME will be fully operational by bean’s population it is the region’s poorest the Caricom states; and finally, the poorest 2006, making us the only integrated region, apart from the European Union to achieve country. The nation of Guyana, though of the poor. Small, middle incomes, mostly island countries, are, as we would say in the such a status, and readying us to better ac- blessed with abundant natural resources, is cess the global market process. saddled with an extremely high ratio of debt, Caribbean, neither fish, fowl nor good red herring. We are therefore acutely aware that making it the Caribbean’s only Highly Indebted self-reliance and national and sub-regional f Poor Country. actions will be the defining imperative in Despite the Caribbean’s overall progress, our efforts to achieve the targets of the Mil- HONORING LAKE HOPATCONG Dame Miller emphasizes that there remains lennium Development Goals, MDGs. HISTORICAL SOCIETY threats to the region which must be accounted In that respect, and defying the over- for. Most pressing is the region’s ongoing vul- whelming odds, the prognosis for the HON. RODNEY P. FRELINGHUYSEN nerability to natural disasters. achievement of the MDGs in the Caribbean is very promising. In fact, the United Nations OF NEW JERSEY We are all aware of the calamity the Carib- Development Program’s Regional Report on IN THE HOUSE OF REPRESENTATIVES bean region faced in 2004 due to Hurricanes the matter gives an optimistic outlook for Charley, Frances, and Ivan, and Tropical most of our countries in respect of at least Thursday, May 26, 2005 Storm Jeanne, which caused billions of dollars six of the eight goals. But the region faces a Mr. FRELINGHUYSEN. Mr. Speaker, I rise in damage. Thousands lost their lives, and the number of challenges to the achievement of today to honor the Lake Hopatcong Historical region’s tourism and agricultural sectors, on the Goals. Society, in my Congressional District. The His- which so many islands depend, was battered. Foremost among them is the vulnerability to economic shocks, and to every natural torical Society is celebrating fifty years of pro- The production of major agricultural exports disaster known to humankind, be it hurri- tecting documents and artifacts for the com- for many countries is still on hold several canes, volcanic eruptions, mudslides, earth- munity and promoting education and historic months later. The Caribbean in concert with its quakes or flood. preservation. neighbors, like the United States, must con- The catastrophic hurricane season of 2004 The actual creation of the Lake Hopatcong tinue to address the issue of disaster re- had a grave impact on the socio-economic Historical Society occurred on August 10, sponse and mitigation. With efficient and func- development prospects of many of the small 1955, at the Langdon Arms Restaurant with tioning systems in place, these disasters need islands of the Caribbean. Decades of pains- eight people in attendance. From the begin- not be so devastating to the region. taking human and financial investment in social development, representing several ning, the members’ goal was to establish a Dame Miller also emphasizes the region’s years’ worth of gross domestic product were museum for the lake. need to broaden access to education, as well lost in a matter of hours. From the original eight individuals who at- as information and communications tech- The devastating Indian Ocean tsunami in tended the first meeting in 1955, the society nology, for all its residents. Doing so will help December serves as a stark reminder of the grew to 150 members by the time the mu- to spur the economic development of the re- vulnerability of many developing nations to seum opened in 1965. In the early 1960’s the gion, and also allow for the greater participa- natural disasters. state of New Jersey moved forward with plans tion of the Caribbean population in civic and Globalization, education, information and communication technology all offer the po- for a new administration building at Hopatcong political life. tential for reducing social exclusion by cre- State Park. The park was on land which was She also stresses the importance of the re- ating economic conditions for greater pros- previously owned by the Morris Canal and gion’s continuing efforts at regional economic perity through higher levels of growth and Banking Company. When the canal was aban- integration. In the face of increasing employment, and by providing new avenues doned in the 1920’s, the 98 acres around the globalization and trade liberalization, Dame for community participation. Lake Hopatcong dam were set aside as a Miller argues that the Caribbean must solidify Conversely, there is the risk of an ever- state park. their economic and trade ties, in route to a widening gap between those who have and Today, with nearly 800 members, the orga- control the resources, the capital and knowl- Caribbean Single Market Economy, which edge of the global economy and those who nization continues to follow its mission ‘‘to col- would remove all barriers to trade, capital are excluded. The challenge for all of us is to lect, house and preserve artifacts and docu- movement, and technology and manpower fashion policies, which reduce this risk and ments relating to the civil, political, social and transfer. Dame Miller foresees such an inte- maximize this new potential. Various studies general history of Lake Hopatcong and to en- gration being achieved by 2006. in Latin American and the Caribbean have courage the education and dissemination of I sincerely thank Dame Miller for her insight- shown that even in the presence of steady information about Lake Hopatcong’s history.’’ ful opinions. She reminds us, that while the rates of economic growth, a reduction of in- Mr. Speaker, I ask that you and my col- Caribbean will undoubtedly face challenges in equality is not guaranteed. Clearly, the solu- leagues in the House of Representatives join tion does not lie exclusively in wealth cre- its socio-economic evolution, its dedication to ation. with me in congratulating the Lake Hopatcong addressing these challenges, and its ability to Globalization has brought tremendous ben- Historical Society, its trustees and all of its harness its immense potential, will ultimately efits to significant portions of the world, but outstanding members and volunteers, upon determine its future success. at the same time, large sections of the world celebrating its 50th Anniversary.

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.093 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1127 HONORING THE LIFE OF MARINE model for his family, friends and neighbors. I Canton Rotary Club has achieved great suc- LANCE CORPORAL DUSTIN R. know that in his retirement he will continue to cesses in carrying out the mission of Rotary FITZGERALD have a lasting impact and positive influence International. on the City of Woodstock. I would like to thank In past years, the Canton Rotary Club has HON. JOHN A. BOEHNER him for his service to and presence in the raised money to provide scholarships to local OF OHIO community and wish him the best of luck in students and sponsored programs to improve area literacy. In addition, the Canton Rotary IN THE HOUSE OF REPRESENTATIVES his much-deserved retirement. Also, I ask my colleagues to join me in rec- Club has been active in Rotary International’s Thursday, May 26, 2005 ognizing the contributions of all police officers Polio Plus program. Mr. BOEHNER. Mr. Speaker, I rise today to like Chief Martin who selflessly work for the Through these actions, the Rotary Club of pay tribute to the life and legacy of Marine good and of their communities, giving of them- Canton, Texas, has exemplified the values of Lance Corporal Dustin R. Fitzgerald. As our selves so that we may all enjoy the peace and service and charity that lie at the heart of country honors our military personnel, both safety they provide. American society. As the congressional rep- past and present, this Memorial Day, I want to f resentative of the members of this outstanding take this opportunity to remember those who organization, it is my distinct pleasure to be have sacrificed their lives for our freedom and HONORING THE ALTO LADY able to honor them today on the floor of the security. JACKETS United States House of Representatives. Lance Corporal Fitzgerald leaves behind a f legacy of compassion and leadership. His HON. JEB HENSARLING NATIONAL DEFENSE AUTHORIZA- family and friends remember him as a mentor OF TEXAS TION ACT FOR FISCAL YEAR 2006 who was truly inspirational in helping the peo- IN THE HOUSE OF REPRESENTATIVES ple he loved reach their full potential. They re- Thursday, May 26, 2005 SPEECH OF member his pride in being a Marine, his will- ingness to go beyond the call of duty to assist Mr. HENSARLING. Mr. Speaker, today I HON. SHEILA JACKSON-LEE the members of unit, and his joy and laughter. would like to honor the Alto Lady Jackets track OF TEXAS Lance Corporal Fitzgerald had aspirations to team who won the Texas 2A High School IN THE HOUSE OF REPRESENTATIVES be a lawyer, and his interest and enthusiasm Track Championship on May 14, 2005. For the Wednesday, May 25, 2005 are a source of inspiration to the lives he third time in three years, the Lady Jackets The House in Committee of the Whole touched. Based on his reputation for being went down to Austin and returned home with House on the State of the Union had under hard-working and committed to fulfilling his re- the State Championship trophy. consideration the bill (H.R. 1815) to authorize sponsibilities, I have no doubt he would have I would like to recognize teammates Tiffany appropriations for fiscal year 2006 for mili- been an effective lawyer. Hart, Angelitha Dickerson, Monique Hackney, tary activities of the Department of Defense, Mr. Speaker, it is with a heavy heart that I Tashekia Mitchell, Kindal Baugh, Taneshia to prescribe military personnel strengths for pay my last respects to a young man who was Pope, Tiffany Griffin, Margo Kahla, and fiscal year 2006, and for other purposes: so full of life; to a young man who had a full Coaches Mildred Brown and Shanequa Redd. Ms. JACKSON-LEE of Texas. Mr. Speaker, and bright future ahead of him. I pray Lance The outstanding team performance of the Alto I rise in support of the Taylor Motion to Re- Corporal Fitzgerald’s family and friends find Lady Jackets was highlighted by gold medals commit today on the issue of providing full peace in their hearts, knowing his country is in the 800 and 16,000–meter relays and a sil- TRICARE to all members of the Guard and grateful and humbled by his sacrifice. I thank ver medal in the 400-meter relay. Additionally Reserve and their families. I am most out- our brave men and women in uniform for con- Monique Hackney took gold in the long jump, raged by the fact that there will be no consid- tinuing with our mission in Iraq, which is the setting a new class 2A record in the process. eration of the Taylor amendment on TRICARE ultimate tribute to our fallen soldiers, marines, As the congressional representative of the for reservists as well as the Salazar amend- sailors, and airmen. families, coaches, and supporters of the Alto ment on ending the Military Families Tax and Dustin, to you I offer my sincere gratitude Lady Jackets, it is my pleasure to recognize the Marshall amendment on ending the Dis- and my solemn commitment to continue to their tremendous victory and outstanding sea- abled Veterans Tax. These amendments are support your friends, the members of your son. This is an accomplishment that these three key provisions in the GI Bill of Rights for unit, and the men and women in Iraq who are young women will remember for the rest of the 21st Century, which House Democrats un- continuing without you. Thank you for seeing their lives. veiled in March. It seems blatant, that the a vision greater than yourself and for the f Rules Committee would not allow the full body strength of your commitment to our country. to consider these vital amendments which HONORING THE CANTON ROTARY God bless you. could have greatly strengthened this Defense CLUB f Authorization. My colleague Mr. TAYLOR’s amendment SPECIAL RECOGNITION OF CHIEF HON. JEB HENSARLING would have provided full TRICARE to all mem- JOSEPH MARVIN OF THE WOOD- OF TEXAS bers of the Guard and Reserve and their fami- STOCK, ILLINOIS POLICE DE- IN THE HOUSE OF REPRESENTATIVES lies. Currently, the Guard and Reserve are PARTMENT covered by TRICARE only when they are mo- Thursday, May 26, 2005 bilized for active duty. Under the Taylor HON. MELISSA L. BEAN Mr. HENSARLING. Mr. Speaker, today I amendment, all members of the Guard and OF ILLINOIS would like to commemorate two significant an- Reserve could buy into TRICARE for an af- IN THE HOUSE OF REPRESENTATIVES niversaries of Rotary International. On Feb- fordable monthly premium. The Taylor amend- ruary 23, 2005, Rotary International celebrated ment was in fact adopted by the Armed Serv- Thursday, May 26, 2005 its 100th anniversary. From its humble roots in ices Committee by a vote of 32 to 30. How- Ms. BEAN. Mr. Speaker, I rise today to pay Chicago, Illinois, Rotary International has ever, after the mark-up, Chairman HUNTER tribute to Chief Joseph Marvin and his twenty- grown into a worldwide organization of busi- stripped the amendment from the bill based on seven years of service to the Woodstock Po- ness and professional leaders whose mission a violation of the Budget Act, instead of allow- lice Department in Woodstock, Illinois. is to provide humanitarian service, encourage ing Representative TAYLOR to make a slight Mr. Speaker, Chief Marvin has been intri- high ethical standards in all vocations, and modification to his amendment which would cately involved in community building pro- help build goodwill and peace in the world. have addressed the violation. It is the slightly grams for over two decades. He has served Since 1943, Rotary International has distrib- modified version that Representative TAYLOR as the Coordinator of Community Services uted more than $1.1 billion to combat Polio, had sought the Rules Committee to make in and Chairman of the Crime Prevention Com- promote cultural exchanges, and encourage order and which the Rules Committee has mittee in Woodstock. These programs and his community service. egregiously rejected for consideration. It is a involvement in them have improved the lives I also want to provide special recognition to travesty indeed because this amendment for generations of Woodstock residents. an important member of this outstanding orga- could have done so much good for so many Serving his community as a police officer nization, the Rotary Club of Canton, Texas, for Guardsmen and Reservists. gave him the awesome responsibility to be a their twelve years of service to Van Zandt The simple fact is that more than 433,000 of first responder, community leader and a role County. Throughout its twelve year history, the our National Guard and Reserves have been

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MY8.002 E26PT1 E1128 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 called up over the past two and one-half Bernardsville Borough, Bernards Township, Mr. Speaker, it is with a heavy heart that I years. Reserve Components make up almost Chatham Township, Township of Harding, pay my last respects to a young man who was 50 percent of our forces in Iraq. It is time that Long Hill Township, Borough of Madison, so full of life; to a young man who had a full we as a body recognize their service to our Mendham Borough, Mendham Township, the and bright future ahead of him. I pray Army nation by providing TRICARE for Reserve Town of Morristown, and Morris Township. Sergeant Webb’s family and friends find peace Component personnel on a permanent basis. The Ten Towns Great Swamp Watershed in their hearts, knowing his country is grateful It is disgraceful that this Congress will not Management Committee was formed in 1995 and humbled by his sacrifice. I thank our demonstrate the level of commitment for its through an Inter-municipal Cooperative Agree- brave men and women in uniform for con- citizen-soldiers that they so richly deserve. ment among the ten municipalities that have tinuing with our mission in Iraq, which is the I know how TRICARE is insufficient for our lands within the Great Swamp Watershed. De- ultimate tribute to our fallen soldiers, marines, men and women fighting abroad, I’ve talked to veloped under the auspices of the Morris sailors, and airmen. many of them in my district and it’s sad that County leadership group, Morris 2000 (now Charles, to you I offer my sincere gratitude we can’t provide them with the support they Morris Tomorrow), the Ten Towns Committee and my solemn commitment to continue to need when they are the ones making the ulti- was formed for the specific purpose of devel- support your friends, the members of your mate sacrifice. The cuts to TRICARE over the oping and implementing a watershed manage- unit, and the men and women in Iraq who are years are despicable and soon we will have ment plan for the watershed in the Upper Pas- continuing without you. Thank you for seeing almost nothing to offer our men and women saic River basin of northern New Jersey. a vision greater than yourself and for the fighting abroad in the area of domestic care. Since its formation, the Ten Towns Com- strength of your commitment to our country. Among those in Houston who have been mittee has developed a full range of programs God bless you. brave enough to serve is Texas State Rep- to protect water quality and water resources in resentative Rick Noriega who is with the the Great Swamp, including: a water quality f Texas Army National Guard. He has served monitoring program, development of environ- as state representative for District 145 for 6 mental ordinances, and construction of ‘‘Best PERSONAL EXPLANATION years and when he was called to duty in Af- Management Practices’’ improvements to cor- ghanistan he went to serve his nation, truly an rect existing non-point source pollution condi- inspiration to many. However, he left behind a tions. HON. SHEILA JACKSON-LEE wife and two children, who were proud, but The Ten Towns Committee has been recog- OF TEXAS unfortunately they were left with insufficient nized as a model in the state of New Jersey coverage by TRICARE. His family has suf- and has received awards for its work from the IN THE HOUSE OF REPRESENTATIVES fered harsh treatment because they de- U.S. Environmental Protection Agency and Thursday, May 26, 2005 manded more from TRICARE and weren’t re- from the New Jersey Department of Environ- ceiving it. Their story is not uncommon mental Protection. Ms. JACKSON-LEE of Texas. Mr. Speaker, throughout the nation. Many doctors won’t ac- It has also been my pleasure on several oc- because of family illness I missed the fol- cept TRICARE because it is inadequate. The casions to assist the Association with Federal lowing votes: On May 19, 2005 on rollcall vote sad fact is that 20 percent of all Reservists do support which enhances their critical work that #190, On Ordering the Previous Question; not have health insurance, and 40 percent of both protects this remarkable national asset, providing for consideration of the bill (H.R. Reservists aged 19 to 35 lack health coverage the Great Swamp, and protects, for future 2361) making appropriations for the Depart- according to a 2003 report by the General Ac- generations, precious water supplies. ment of the Interior, environment and related counting Office. According to the latest De- Mr. Speaker, I urge you and my colleagues agencies for the fiscal year ending September fense Department data, 18 percent of acti- to join me in congratulating the members of 30, 2006, and for other purposes; I would vated Reservists have no medical coverage. the Ten Towns Great Swamp Watershed Man- have voted ‘‘nay.’’ These facts are deplorable, I pray for families agement Committee on the celebration of the On May 19, 2005 on rollcall vote #191, On like State Representative Noriega’s and others Committee’s ten years serving the Great Agreeing to the Amendment to H.R. 2361; the who don’t have access to sufficient care. How Swamp Watershed area. Special praise is due Hefley of Colorado Amendment; I would have can we say that we are proud of our men and to their dedicated staff and active volunteers voted ‘‘nay.’’ women fighting abroad when we can’t even who work tirelessly to protect and enhance the care for them and their families when they re- Great Swamp National Wildlife Refuge and On May 19, 2005 on rollcall vote #193, On turn to this nation of ours? Wilderness Area. Agreeing to the Amendment to H.R. 2361; the I can only hope in the future that such sig- f Terry of Nebraska Amendment; I would have nificant legislation as this will involve the de- voted ‘‘nay.’’ HONORING THE LIFE OF ARMY bate and full consideration of all necessary On May 19, 2005 on rollcall vote #194, On SERGEANT CHARLES J. WEBB and relevant amendments. The men and Agreeing to the Amendment to H.R. 2361; the women of our Armed Forces and indeed the Obey of Wisconsin Amendment No. 2; I would American people as a whole deserve as HON. JOHN A. BOEHNER have voted ‘‘yea.’’ OF OHIO much. Again, I rise in full support of the Taylor On May 19, 2005 on rollcall vote #195, On Motion to Recommit and consider this truly IN THE HOUSE OF REPRESENTATIVES Agreeing to the Amendment to H.R. 2361; the vital amendment on TRICARE. Thursday, May 26, 2005 Beauprez of Colorado Amendment; I would f Mr. BOEHNER. Mr. Speaker, I rise today to have voted ‘‘nay.’’ HONORING THE TEN TOWNS pay tribute to the life and legacy of Army Ser- On May 19, 2005 on rollcall vote #196, On GREAT SWAMP WATERSHED geant Charles J. Webb. As our country honors Agreeing to the Amendment to H.R. 2361; the MANAGEMENT COMMITTEE our military personnel, both past and present, Rahall of West Virginia Amendment; I would this Memorial Day, I want to take this oppor- have voted ‘‘yea.’’ HON. RODNEY P. FRELINGHUYSEN tunity to remember those who have sacrificed On May 19, 2005 on rollcall vote #197, On OF NEW JERSEY their lives for our freedom and security. Agreeing to the Amendment to H.R. 2361; the IN THE HOUSE OF REPRESENTATIVES Sergeant Webb leaves behind the most im- Hefley of Colorado Amendment; I would have portant legacy any man can leave: a strong voted ‘‘nay.’’ Thursday, May 26, 2005 and healthy family who knows he loved them Mr. FRELINGHUYSEN. Mr. Speaker, I rise with all his heart. His love and commitment to On May 19, 2005 on rollcall vote #198, On today to honor the Ten Towns Great Swamp his wife Stephanie is the best testament to his Motion to Recommit with Instructions; for H.R. Watershed Management Committee of Morris character and to his heart. 2361 Department of the Interior, Environment, County, New Jersey, a vibrant organization I Sergeant Webb had aspirations to be a high and Related Agencies Appropriations Act, am proud to represent! On June 15, 2005 the school History Teacher. He is remembered as 2006; I would have voted ‘‘yea.’’ Trustees and Friends of the Committee are a loyal and committed soldier, and I have no On May 19, 2005 on rollcall vote #199, On celebrating its Tenth Anniversary. doubt he would have extended his sense of Passage; for H.R. 2361 Department of the In- The Great Swamp Watershed is a 55 duty and commitment to the teaching profes- terior, Environment, and Related Agencies Ap- square mile region in Morris and Somerset sion and would have been an effective and propriations Act, 2006; I would have voted Counties and includes portions of motivating teacher. ‘‘yea.’’

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.098 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1129 150TH ANNIVERSARY OF THE SIGN- and almost all of their Federal programs, in- great deal of time and manpower are diverted ING OF THE TREATY BETWEEN cluding health services, housing, education, from managing existing programs, leading to THE CONFEDERATED TRIBES OF police and fire protection, tribal courts, natural delays in reform implementation and creating THE UMATILLA INDIAN RES- resources management and protection, fish- a slower and more bureaucratic government. ERVATION AND THE UNITED eries, administration, and economic develop- Biennial budgeting would provide Federal STATES GOVERNMENT ment and employ over 1000 people in the re- agencies more time for program oversight, in- gion. creasing agency efficiency and providing them HON. GREG WALDEN Mr. Speaker, I am proud to represent what with more stable and predictable budgets. In OF OREGON is today the Confederated Tribes of the addition, Congress would be able to exercise IN THE HOUSE OF REPRESENTATIVES Umatilla Indian Reservation and it is an honor better oversight over them. to work closely with them to help improve their As recently as World War II, all but four Thursday, May 26, 2005 futures and the futures of all eastern Orego- States had biennial budgeting. The growing Mr. WALDEN of Oregon. Mr. Speaker, it is nians. dependence on annually appropriated big-gov- a great honor for me to rise today to com- f ernment programs, however, helped move memorate the 150th anniversary of the signing many to change to annual cycles. Although of the Treaty between the Confederated BIENNIAL BUDGETING AND this trend has reversed in recent years (today, Tribes of the Umatilla Indian Reservation and APPROPRIATIONS ACT OF 2005 21 States have biennial budgets), biennial the United States Government. I am proud to budgeting at the Federal level would help represent the people of the Confederated HON. DAVID DREIER States return to this commonsense process. Tribes of the Umatilla Indian Reservation in OF CALIFORNIA Even if States retain annual cycles, they will Congress and am always warmly welcomed IN THE HOUSE OF REPRESENTATIVES benefit from more stable and predictable Fed- eral funding. when I visit the reservation. Thursday, May 26, 2005 Mr. Speaker, since time immemorial, the Mr. Speaker, I urge all my colleagues to people of the Confederated Tribes of the Mr. DREIER. Mr. Speaker, the annual rush support the Biennial Budgeting and Appropria- Umatilla Indian Reservation have lived on the to complete action on budget, authorization tions Act of 2005. It will provide a starting Columbia River Plateau. Specifically, their and appropriations bills not only results in a point for discussions on how to improve the homeland is the area now known as north- poor budget process, but also reduces the budget process and foster improved govern- eastern Oregon and southeastern Washington. amount of time available for careful oversight ance for the American people. The Umatilla Tribes currently have over 2,446 and management of existing Federal pro- f tribal members who continue to care for and grams. During the 31-year history of the Budg- CONGRATULATING THE ST. live on the land of their ancestors. et Act, Congress has met the deadline for MARY’S HIGH SCHOOL GIRLS’ On May 28, 2005, the Confederated Tribes completion of a budget resolution only five LACROSSE TEAM of the Umatilla will gather to commemorate the times. Since 1953, Congress has been forced 150th Anniversary of the treaty they signed to enact continuing resolutions to fund govern- with the United States Government. For the ment activities past the end of the fiscal year HON. BENJAMIN L. CARDIN members of the Umatilla tribes this is an op- in every year but four (FY1953, FY1989, OF MARYLAND portunity to remember and honor their ances- FY1995 and FY1997). And according to the IN THE HOUSE OF REPRESENTATIVES tors who signed the treaties and to educate Congressional Budget Office, Congress pro- Thursday, May 26, 2005 their youth and the public about these impor- vided $170 billion in fiscal year 2005 appro- Mr. CARDIN. Mr. Speaker, I rise today to tant documents. priations for 167 statutes whose authorizations pay tribute to the St. Mary’s High School girls’ I think it is fitting as we near the anniversary had expired. lacrosse team of Annapolis, Maryland in honor of this treaty to share with my colleagues a lit- That is why I introduced the Biennial Budg- of its 2005 Interscholastic Athletic Association tle bit of the history of the treaty signing. For eting and Appropriations Act of 2005, which of Maryland (IAAM) A1 Conference Champion- nearly three weeks in late May and June of streamlines the budget process and improves ship. 1855, thousands of Native Americans from the the fiscal management and oversight of gov- This remarkable team, the Saints, cul- Cayuse, Umatilla and Walla Tribes, along with ernment programs by instituting a biennial minated a season of phenomenal play by de- the Nez Perce, Yakama and some bands of budget system. Under the bill, the President feating Anne Arundel County rival Severn the Colville, all convened in the Walla Walla would submit a two-year budget and Congress School in a tightly contested game by a score Valley, Washington Territory for a historic trea- would consider a two-year budget resolution of 7 to 6 to bring home the championship for ty council. During this three-week period the and 11 two-year appropriations bills during the the first time in 9 years. This season these tribes met and negotiated with Washington first session. The second session would be young ladies played some of the best high Territory Governor Isaac Stevens and Super- devoted to consideration of authorization bills, school lacrosse teams in the Nation. intendent for Indian Affairs of Oregon Territory programmatic oversight of government agen- In just her third year as Head Coach of the Joel Palmer. cies and emergency spending bills. Mr. Saints, Sue Chittim is to be congratulated The agreement that came from this three- Speaker, this is a proposal we’ve entertained along with her assistant coaches, Megan week negotiation has been the guiding docu- in the past, and I believe it deserves another Lewis and Steve Clarke, for their ability to mo- ment between the Umatilla, Cayuse, and look. tivate and inspire their players with a positive Walla Walla people with the United States By eliminating repetitive and time-con- attitude to play unselfishly as a team. The suc- Government for the past 150 years and thus suming appropriations work, the Congress as cess of the Saints’ lacrosse program is a true the Confederated Tribes of the Umatilla, a whole and even the appropriations sub- credit to Coach Chittim’s vision and ability as Yakama, and Nez Perce Reservations were committees would be better able to focus on a coach. As the IAAM tournament began, created. oversight. This would also contribute to more Coach Chittim’s mantra for her team was, Mr. Speaker, I think it is important to note appropriate funding decisions in biennial ap- ‘‘Don’t tell me how rough the waters are . . . that the Confederated Tribes of the Umatilla propriation bills and any necessary supple- just bring in the ship.’’ Indian Reservation have a long history of mental/recision legislation. As with oversight, The Saints 4 seniors, Kelly Gaudreau, Bri strong leadership and continue to preserve biennial budgeting would allow more time for Gauthier, Mindy Jones, and Bridget Noon, their traditional cultures and languages. Their needed authorization legislation. In addition, played their final high school lacrosse game leaders were among the most influential nego- the overwhelming appropriations workload as true champions and undoubtedly all season tiators at the Treaty Council 150 years ago every year has upset the intended balance in long were role models for their underclass and today the Confederated Tribes of Umatilla the role of authorizations and appropriations. teammates. are regarded as outstanding leaders within In- Biennial budgeting would help restore the im- The remaining players, Sarah Beckstead, dian Country. portance of the authorization process. Alex Bertrand, Christian Carr, Caroline Coch- Their leadership and innovative economic Preparing for annual appropriations is as ran, Laura Ford, Devon Kelly, Morgan Kelly, endeavors help lead the way in eastern Or- much or more of a drain on time and re- Alex Kuntz, Jessica Liberto, Stephanie Murtha, egon and in Indian Country. The Confederated sources for Federal agencies as it is for Con- Erin O’Donovan, Allison Perkins, Jackie Proch, Tribes of the Umatilla Indian Reservation de- gress. It takes nearly three years for the Ad- Kelly Reid, Mary Ruttum, Kim Schindel, termine their own futures through successfully ministration and Congress to produce and im- Samantha Schrum, and Erika Welck, contrib- operating a wide range of their own services plement one annual budget. As a result, a uted immensely to the success of the Saints

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.102 E26PT1 E1130 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 season and all deserve recognition for their during the Battle of Vicksburg, Mississippi. ‘‘He told me he was following the family tra- exceptional achievement. This Saturday, May 28th, the Porter Township dition,’’ said Willie Wilkerson, president of the Mr. Speaker, I ask that all of my colleagues Board and the folks of Union, Michigan will department, noting that Neale’s grandfather join me in congratulating the St. Mary’s High honor Mr. Johns during a ceremony at his and uncle had also been members of the de- School girls’ lacrosse team on its exceptional gravesite in Plum Grove Cemetery. partment. ‘‘For such a short life, he got a lot season and 2005 IAAM A1 Conference Cham- Elisha enlisted with the Union Army on Au- accomplished.’’ pionship. gust 9th, 1862, with whom he served until his That, in fact, is an understatement. f discharge on June 6, 1865. After his enlist- Neale was a 2003 honors graduate of the ment, his leadership and courage was recog- Leonard Hall Junior Naval Academy in HONORING THE LIFE OF MARINE nized by his superiors as he was made Cor- Leonardstown, where he achieved the rank of LANCE CORPORAL TAYLOR B. poral and promoted to Sergeant soon there- Battalion Commander in his junior and senior PRAZYNSKI after. His true valor was demonstrated on May years. 22, 1863, the date he earned the Congres- He also was awarded Midshipman of the HON. JOHN A. BOEHNER sional Medal of Honor. Year in 2001, 2002, and 2003, and was also OF OHIO It was the beginning of the Battle of Vicks- awarded the Military Excellence, Headmaster’s IN THE HOUSE OF REPRESENTATIVES burg, Mississippi and there was a call for vol- and Loyalty Awards at graduation. unteers to bridge a dike that was essential for Clearly, Mr. Speaker, this was an excep- Thursday, May 26, 2005 a Union victory. Corporal Johns was one of tional young man—a young man who envi- Mr. BOEHNER. Mr. Speaker, I rise today to 150 men that felt called to duty and valiantly sioned a career in public service early on. pay tribute to the life and legacy of Marine set out to construct the bridge. Before they At the time of his passing, Neale was a Lance Corporal Taylor B. Prazynski. As our succeeded in bridging the dike, two-thirds of Cadet in the Maryland State Police, which he country honors our military personnel, both Elisha’s fellow soldiers were shot and unable joined in 2003. This coming fall, he was set to past and present, this Memorial Day, I want to to go on. However, Corporal Johns and his join the State Police Academy. take this opportunity to remember those who peers boldly continued, while under intense Without question, Neale embodied the best have sacrificed their lives for our freedom and Confederate fire, only to find his supporting this country has to offer through his dedicated security. soldiers had retreated. As it was early in the public service, his educational achievements, Lance Corporal Prazynski leaves behind a day, and military support lacking, Elisha was and the respect he had earned from all who legacy of honor, service, and inspiration to his forced to hide along the base of the dike until knew him. family, to his friends, and to men and women darkness fell, when he was able to success- Neale was held in high regards by the com- who never had a chance to know him. His fully get back to the Union lines. Forty years munity he served, and rightly so. Colonel family and friends remember him as a jovial after his brave act, Corporal Johns was Thomas E. Hutchins, Secretary of the Depart- and compassionate man who was committed awarded the Congressional Medal of Honor. ment of State Police, said that Neale was ‘‘a to bringing freedom and democracy to the As we come together as a Nation this Me- young man with a strong work ethic who was Iraqi people and security to the American peo- morial Day, we honor the heroes of yesterday committed to doing his best in every mission ple. like Elisha Johns, who gave so much to our he undertook.’’ Lance Corporal Prazynski also leaves be- great Nation, and to honor those brave men Mr. Speaker, the passing of one’s child, par- hind a legacy of compassion from his work and women of our armed forces who are on ticularly one with so much to contribute to his with his handicapped classmates while attend- the front lines today, sacrificing so much in the community, his State and his Nation is as ing Fairfield High School. His interest in be- name of freedom. painful as it is incomprehensible. coming a special education teacher illustrates I commend all the folks of Union, Michigan, Today, I want to extend my deepest sym- his strength of character, and based on his who are committed to preserving the history of pathies to Neale’s parents, Eleanor Fowler reputation for being hard-working and dedi- our veterans, such as Corporal Johns, so gen- Slater and Austin Joseph Slater, Sr., as well cated to accomplishing his goals, I have no erations to come will remember the sacrifices as all of his family members and friends. doubt he would have been an effective teach- of their forefathers that played such a vital role I realize that these words are small solace. er and mentor. in making our great Nation. But I hope the Slaters, in time, find some com- Mr. Speaker, it is with a heavy heart that I f fort in the fact that they raised a truly fine pay my last respects to a young man who was young man who will be sorely missed and so full of life; to a young man who had a full THE TRAGIC PASSING OF NEALE never forgotten. and bright future ahead of him. I pray Lance CHANEY SLATER The Slaters have established the Neale Corporal Prazynski’s family and friends find Slater Memorial Fund in his honor at the peace in their hearts, knowing his country is HON. STENY H. HOYER Leonard Hall Junior Naval Academy for a grateful and humbled by his sacrifice. I thank OF MARYLAND graduating senior intending to enter law en- our brave men and women in uniform for con- IN THE HOUSE OF REPRESENTATIVES forcement. tinuing with our mission in Iraq, which is the I know the recipients of this scholarship will Thursday, May 26, 2005 ultimate tribute to our fallen soldiers, marines, always be inspired by the example set by sailors, and airmen. Mr. HOYER. Mr. Speaker, late last month— Neale, and the extraordinarily positive impact Taylor, to you I offer my sincere gratitude on April 25, 2005—the family and friends of he had on his community will be felt for gen- and my solemn commitment to continue to Neale Chaney Slater, the community of Me- erations to come. support your friends, the members of your chanicsville, and the State of Maryland suf- f unit, and the men and women in Iraq who are fered a devastating loss when this caring and continuing without you. Thank you for seeing accomplished young man was struck down TRIBUTE TO HEROES OF THE OR- a vision greater than yourself and for the just as he was preparing to enter the prime of EGON MOUNTAIN RIVER CHAP- strength of your commitment to our country. his life. TER OF THE RED CROSS God bless you. WhIle driving out to help a local farmer, f Neale, 20 years old, was killed in a tragic two- HON. GREG WALDEN vehicle accident on Route 5 in Hughesville. OF OREGON TRIBUTE TO CIVIL WAR VETERAN Yet, in such a short period of time, Neale IN THE HOUSE OF REPRESENTATIVES ELISHA JOHNS gave so much to so many others. At the age of 16, Neale joined the Mechan- Thursday, May 26, 2005 HON. FRED UPTON icsville Volunteer Fire Department, and had Mr. WALDEN of Oregon. Mr. Speaker, I rise OF MICHIGAN held the office of assistant secretary and today to pay tribute to the courageous men IN THE HOUSE OF REPRESENTATIVES treasurer. and women being honored on June 1, 2005 Neale was a Firefighter II and certified by the Oregon Mountain River Chapter of the Thursday, May 26, 2005 emergency medical technician, and was rec- Red Cross’s inaugural Real Heroes ceremony Mr. UPTON. Mr. Speaker, I rise today to ognized by his peers with the Mechanicsville in Bend, Oregon, which I will be honored to be pay tribute to Civil War Veteran Elisha Johns, Volunteer Fire Department as ‘‘Rookie of the part of. These men and women set them- who received the Congressional Medal of Year’’ in 2001. He also was awarded Fire Pre- selves apart through selfless acts of heroism Honor for his courage and valor as a Corporal vention Awards in 2001 and 2002. and kindness toward others. I would like to

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.104 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1131 share the stories that depict their unwavering that helps critically ill children, and has helped tion they have shown to each other over their commitment to their fellow citizens and their collect money for the Tsunami Relief program. 65 years of marriage. calm and collected action in the face of great As a teacher she is an inspiration and exem- On June 1, 1940, Hal Smith and Tina Ball challenge. plary example to her students and her fellow were married. Through 3 children, 8 grand- Mr. Speaker, Matthew Zedwick is one of the citizens and has shown that countless acts of children and 4 (soon to be five) great-grand- many courageous men and women who have kindness truly do make a significant dif- children, they have been a shining example of served our country in Iraq as a member of the ference. unconditional love and mutual respect for each Oregon National Guard. On June 13, 2004, Mr. Speaker, the next individual I’d like to other and those they come to meet. his quick action under pressure saved the life honor demonstrates that you can be a hero at This dedication to, and respect for, each of his comrade, Sgt. Sean Davis. Sgt. Zedwick I any age. Spencer Brennan has already other has been the key to a successful mar- was driving a Humvee when two roadside made a significant impact on those around riage for all these years. During their life to- bombs exploded near his convoy. Despite him at the age of 14 and I’m sure that his tra- gether, they have raised a beautiful family—a being wounded by shrapnel, Sgt. Zedwick dition of helping others will continue for many family strengthened by the strong morals and dragged Truck Commander Sgt. Davis safely years. As a young child Spencer fell very ill, humanistic values they embodied for their chil- from a burning vehicle and then returned to but he battled back to overcome his illness dren. the vehicle under heavy enemy fire in an at- and never gave up during his most difficult They have lived their lives free from regret tempt to retrieve the body of Spc. Eric McKin- challenges. Now, he works for the benefit of and have persevered and overcome any trial ley, who had been killed in the blast. While he other children as a ’volunteer for the Sparrow that has come their way. Hal and Tina have was unable to retrieve Spc. McKinley, he was Club. For the last two years, Spencer has always held family to be paramount and have able to retrieve a radio and call for help. His worked to raise money for the Sparrow Club engendered this legacy of love in their chil- and to support other children who face med- quick thinking and courage under fire saved dren. ical crisis. For his service, he was awarded his own life and the life of Sgt. Davis. For his Aside from the strong family values that the prestigious ‘‘Dameon Award’’ for his com- actions, Sgt Zedwick became the first Oregon they have demonstrated, they also have a passion, courage, character and conscience. National Guardsman since World War II to be The next hero I would like to highlight, Kim love of travel, and they have always empha- awarded the Silver Star medal and a Purple Meeder, is an individual who has worked very sized the importance of learning and edu- Heart for his valor. hard to make a difference in the life of trou- cation in their family, which echoes their Jordan Bilyeu is another hero who endured bled teens, abused kids and adults across Or- strong belief that they must leave this world a the devastation of the Tsunami that struck the egon and our nation. The work being done by better place than they found it. Tina expressed Indian Ocean in December of 2004. While va- Kim and her husband Troy at the Crystal this through her work with museums; Hal cationing in the Phi Phi Islands, off the shore Peaks Youth Ranch is tremendous. Kim has through his political career. of Thailand, Jordan was swept up in the water helped pair abused and neglected horses with Mr. Speaker, these 2 individuals have been that unexpectedly came crashing toward the troubled individuals seeking solitude and com- like a second set of parents to my wife, Laurie beachgoers. Jordan clung to a palm tree while fort. The ranch gives these individuals a place and I. They are a very important part of our riding out the worst of the Tsunami and even- to rekindle their spirits and recover from the lives. Their great influence has been a con- tually was swept into the third story of a near- problems of their past. stant in our lives as they have loved and sup- by hotel. During this ordeal, Jordan was able Mr. Speaker, let me conclude by talking ported us over the years and throughout my to assist in the rescue of a woman who lost about a collaborative effort in central Oregon political career. We are proud to be among the her legs who had also been pulled into that that provides medical coverage for those with- privileged group they call their friends. Their hotel room, and worked to assist others who out coverage. Since opening just over a year commitment to each other and to their com- had been injured in this tragic natural disaster. ago, the Volunteers in Medicine Clinic has munity is deserving of recognition and honor, Mr. Speaker, in Deschutes County we owe completed approximately 5,000 free examina- so it is a pleasure for me today to salute this thanks to several heroes for their quick action tions in Deschutes County. Three of these vol- marvelous couple. I encourage all of my col- at work. On September 13, 2003, Al Ewing’s, unteers have gone above and beyond the call leagues to salute such wonderful examples of Corky Metteer’s, Tim Wiley’s, and Adam Car- of duty. Dr. Tom McGranahan, a retired anes- family values, like Hal and Tina Smith. penter’s emergency efforts saved the life of thesiologist, has worked over 600 hours as- f Stu Martinez when he lapsed out of con- sisting doctors and training others in the use sciousness. Stu’s colleagues quickly ran to his of new electronic medical records while serv- DISCUSSING THE PERILS OF rescue and performed CPR techniques until ing as the clinic’s resident computer expert. CAFTA WITH LEGISLATORS medical help could arrive. These employees at Cindy Cocanower, an area pharmacist, has FROM CENTRAL AMERICAN Wilderness Garbage in La Pine were prepared utilized her expertise so the organization can COUNTRIES to react after taking critical life saving and provide medications at little or no cost to VIM CPR classes administered by the Oregon patients. She has donated over 200 hours of HON. DENNIS J. KUCINICH Mountain River Chapter of the Red Cross one her time and expertise and spent countless OF OHIO month before. hours working on similar endeavors outside IN THE HOUSE OF REPRESENTATIVES Deschutes County District Attorney Mike the clinic. Sharon Lichti, a retired college pro- Dugan is another hero who helped avert an- fessor, has been the lead volunteer charged Thursday, May 26, 2005 other tragic accident on the job and saved the with training dozens of new volunteers since Mr. KUCINICH. Mr. Speaker, today I wel- life of a young boy in the Deschutes County the opening of the clinic. The contributions of comed legislators from Central American Courtroom. When a young child started chok- these individuals have provided medical cov- countries to discuss the perils of CAFTA. I ing on a large piece of candy, District Attorney erage for many uninsured individuals through- submit my opening remarks for the RECORD. Dugan rushed to assist the child and used an out central Oregonian, and we owe them a Thank you all for coming to this impor- abdominal thrust technique to dislodge the debt of gratitude. tant briefing on how the Dominican-Republic candy from his throat. The entire episode took Mr. Speaker, the individuals being honored Central American Free Trade Agreement was only a few seconds, but it is an act that this on June 1 demonstrate that each of us can be passed in El Salvador, Honduras and Guate- young child will remember for the rest of his a hero in our community and we are grateful mala. I would like to thank Congressman for all that they’ve done and continue to do. Becerra for hosting this briefing with me, life. and of course, the Central American legisla- f Kathleen Krahmer is a hero whose day-to- tors for traveling up here to share their ex- day efforts impact the lives of many in her CELEBRATING HAL AND TINA periences with us. community. On May 23, 2005, Kathleen do- SMITH FOR 65 YEARS OF MAR- There are innumerable reasons to oppose nated her 57th pint of blood, for an aston- RIAGE CAFTA, in the United States and in Central ishing total of more than seven gallons of America. Governments will have little to no blood donated to the Red Cross. Not only is control over the investments of foreign com- Kathleen a blood donor, but every winter she HON. JON C. PORTER panies, and foreign investors will not have to OF NEVADA comply with International Labor Organiza- knits hats and donates them to local schools IN THE HOUSE OF REPRESENTATIVES tion standards when they invest in Central or to the Bethlehem Inn, a homeless shelter in Thursday, May 26, 2005 American business ventures. Workers’ rights Bend. This, Mr. Speaker, is just the beginning will be undermined, especially for women of her service to others. She is actively in- Mr. PORTER. Mr. Speaker, I rise today to workers, farmers and maquilla workers. The volved in the Sparrow Club, an organization recognize Hal and Tina Smith for the dedica- current labor rights abuses prevalent in

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.107 E26PT1 E1132 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 some Central American countries will run years of their lives in service to our Nation. Mr. Speaker, it is with a heavy heart that I rampant under CAFTA’s weak labor provi- Only by providing the best possible resources pay my last respects to a young man who was sions. Countries will enjoy greater tariff ben- and facilities and fully compensating veterans so full of life; to a young man who had a full efits for goods made by workers whose rights for disabilities, can we repay the dedication of and bright future ahead of him. I pray Army have been denied. Family farms in Central America will fall service personnel who sacrificed for their Private First Class Rockhold’s family and victim to CAFTA, which will threaten lo- country. friends find peace in their hearts, knowing his cally grown produce and undermine food se- One area in which adequate funding is ab- country is grateful and humbled by his sac- curity for Central Americans. Basic public solutely necessary for veterans is health care. rifice. I thank our brave men and women in goods and services, such as education, health The lack of sufficient resources in our VA hos- uniform for continuing with our mission in Iraq, care and water will become privatized, as pitals has reduced the ability of medical pro- which is the ultimate tribute to our fallen sol- governments will lose the flexibility to sub- fessionals to provide quality care. Our budget diers, Marines, sailors, and airmen. sidize these services. Expensive brand-name Marlin, to you I offer my sincere gratitude drugs will have expanded patents, and inex- should be a reflection of our national priorities pensive generic medicines will have greater and yet this year the House Leadership cut and my solemn commitment to continue to restrictions. Poor people will not have access veterans healthcare by $13.5 billion. support your friends, the members of your to life-saving pharmaceuticals. It is critical that we fulfill our moral obligation unit, and the men and women in Iraq who are Yet these concerns could not be fully con- to honor our Nation’s veterans with the health, continuing without you. Thank you for seeing sidered or debated by lawmakers in Hon- education and retirement benefits they have a vision greater than yourself and for the duras, Guatemala and El Salvador. CAFTA earned through their service. I have joined my strength of your commitment to our country. was brought up suddenly, in the wee hours of colleagues in introducing a new GI bill, en- God bless you. the morning, with no public notice, and many lawmakers did not get the chance to dorsed by the American Legion and the Dis- f abled American Veterans, to improve benefits investigate what they were voting on. Is this WEST PHILADELPHIA HIGH how far-reaching legal reform bills should be for men and women in uniform today and pro- SCHOOL TAKES TOP HONORS IN considered? Of course not. And the real story vide long overdue benefits for the veterans of how CAFTA was pushed through the legis- and military retirees who have already served. TECHNOLOGY COMPETITION latures of Central American countries will It will help members of the National Guard and undercut any legitimacy its ratification may Reserve, as their service in Iraq and Afghani- CHAKA FATTAH have. stan has been above the call of duty, and will OF PENNSYLVANIA Please join me in welcoming the law- improve veterans’ health care by increasing makers who opposed CAFTA in their respec- IN THE HOUSE OF REPRESENTATIVES tive legislatre assemblies when it was con- resources, bolstering mental health care for Thursday, May 26, 2005 sidered, and who have traveled here to con- returning soldiers and blocking prescription tinue to oppose CAFTA. Let me introduce: drug co-payment increases. Mr. FATTAH. Mr. Speaker, I rise today to Diputada Doris Gutierrez, from Honduras; So, on this Memorial Day, let us never for- recognize the West Philadelphia High School Diputado Victor Manuel Sales, from Guate- get that we in this country owe a great debt for taking top honors in the Technology Com- mala; Diputado Hugo Martinez, from El of gratitude to those who sacrificed their lives petition at the National 2005 Tour de Sol. Salvado; and Diputado Salvador Arias, from so that we could live free. We can start to pay The National 2005 Tour de Sol, a nation- El Salvador. that debt by remembering what they did and wide competition, allows students and entre- f what they stood for, and by promoting policies preneurs to showcase their efforts to design vehicles that approach zero carbon emissions MEMORIAL DAY AND HONORING that honor their service and reflect the values of our grateful Nation. and use renewable fuels. The Tour de Sol THE SACRIFICE OF AMERICA’S highlights the largest innovations in alter- VETERANS f native-energy technology and advanced fuel HONORING THE LIFE OF ARMY vehicles, showcasing the future of the clean- HON. ELIOT L. ENGEL PRIVATE FIRST CLASS MARLIN energy and transportation industry. The cars OF NEW YORK T. ROCKHOLD are put through rigorous tests to assess emis- IN THE HOUSE OF REPRESENTATIVES sions, fuel economy, and other technical standards. Thursday, May 26, 2005 HON. JOHN A. BOEHNER The Tour de Sol provides a key platform for Mr. ENGEL. Mr. Speaker, this Memorial Day OF OHIO vehicle manufacturers, students, and entre- we will once again mark a day of remem- IN THE HOUSE OF REPRESENTATIVES preneurs to demonstrate future designs and brance for those who have died while serving Thursday, May 26, 2005 current products that aim to reduce oil and our Nation. Memorial Day is a single day of carbon emissions to zero. This year, over a national awareness and reverence, honoring Mr. BOEHNER. Mr. Speaker, I rise today to dozen teams from all over the United States those Americans who died while defending our pay tribute to the life and legacy of Army Pri- and Canada participated in the Tour de Sol Nation and its values. While we should re- vate First Class Marlin T. Rockhold. As our Championship, which began in 1989. The member their sacrifice every day, a special country honors our military personnel, both competition aims to inspire students and busi- honor is reserved for Memorial Day. past and present, this Memorial Day, I want to nesses to design, build, showcase, and use More than a million American service mem- take this opportunity to remember those who concept vehicles that push the envelope and bers died in the wars and conflicts this Nation have sacrificed their lives for our freedom and work toward the ultimate goal of the event. fought since the first colonial minutemen took security. The winner of the coveted ‘‘Greenest Vehi- up arms in 1775 to fight for independence. Private First Class Rockhold leaves behind cle’’ was awarded to one of the only high Each soldier who died during those many bat- the most important legacy any man can leave: school teams to enter the competition, West tles was a loved one cherished by family and a strong and healthy family who knows he Philadelphia High School, for their electric car friends. Each was a loss to the community loved them with all his heart. His love and called The Saturn. The team beat university and the Nation. commitment to his wife Davonna, and his de- and private teams from around the country for While this Nation can never fully repay sire to adopt and nurture their daughter developing a vehicle that demonstrates high those who have made the ultimate sacrifice for Therashia is the best testament to his char- energy efficiency. The Saturn ran the equiva- their country, I believe the United States must acter and to his heart. lent of 280 miles per gallon of gasoline, with continue to do more to honor our brave sol- Private First Class Rockhold’s joy for life a greenhouse gas reduction of nearly 80 per- diers, veterans and our military families. Their and his commitment to the men and women cent. sacrifices are the foundation of our Nation’s he served with are remembered by his family, I salute the students, faculty and team spon- freedom. his friends, and his fellow soldiers. He used sors who worked tirelessly over the past two During my years in Congress, I have con- his incredible sense of humor and memorable years to construct a hybrid vehicle that uses sistently given high priority to the interests of smile to ease the worries, fears, and dis- biodiesel fuel instead of gas to create a clean- our country’s veterans. I feel strongly that pro- appointments of those around him. His posi- er environment. I applaud your efforts and tecting veterans’ rights and benefits is the tive attitude will remain in the hearts of those congratulate you on a winning design that least we can do for those who have devoted who knew and loved him. makes all Philadelphians proud.

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.110 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1133 RENEWAL OF IMPORT SANCTIONS American opposition to the developments in nized to maximize the benefits of available ON BURMA Burma’’ and are ‘‘a key component of our pol- treatments. The average time between the icy in bringing democracy to Burma.’’ onset of symptoms and medical treatment is HON. TOM LANTOS Congress must act decisively by the end of far too long, averaging an astounding 13 OF CALIFORNIA July to renew import sanctions against Burma hours. Fewer than 5 percent of stroke patients IN THE HOUSE OF REPRESENTATIVES and send a strong signal of support for the receive potentially lifesaving clot-dissolving restoration of democracy and human rights in medication. Many stroke patients do not re- Thursday, May 26, 2005 that impoverished nation. I would encourage ceive preventive care, such as cholesterol Mr. LANTOS. Mr. Speaker, fifteen years ago my colleagues to cosponsor this important screening and smoking cessation counseling, tomorrow, the political party of Burmese de- piece of legislation. before leaving the hospital. mocracy leader Aung San Suu Kyi won a his- f What can we do to help? We can start by toric victory in elections called by the Burmese encouraging our family, friends and fellow citi- ruling junta to legitimize their brutal rule. Suu RECOGNIZING AMERICAN STROKE zens to simply ask their doctors, ‘‘Am I at risk Kyi’s National League for Democracy won MONTH for a stroke?’’ and ‘‘What do I do if I have a 82% of the vote, but the Burmese government stroke?’’ Education is power, and it can pre- refused to convene the new parliament and HON. ELIJAH E. CUMMINGS serve crucial moments that mean the dif- has since engaged in a campaign of terror OF MARYLAND ference between death or a life of disability, and intimidation of the political opposition. IN THE HOUSE OF REPRESENTATIVES and a healthy future. Last year, the House of Representatives Thursday, May 26, 2005 We can also support legislation like the voted 372–2 to renew the import sanctions STOP Stroke Act, H.R. 898, a bill sponsored against Burma contained in the Burmese Mr. CUMMINGS. Mr. Speaker, I request that by my good friends Representatives LOIS Freedom and Democracy Act of 2003. H.J. you join me today in recognizing May as CAPPS and CHARLES PICKERING of which I am Res. 97 was signed into law on July 7, 2004. American Stroke Month. proud to be a cosponsor. This bill would au- Import sanctions on Burma must be re- In doing so, we are presented with an op- thorize initiatives to help patients with symp- newed by July 2005, or Burmese products will portunity to educate one another about the toms of stroke receive timely and thorough flow once again to the United States. For that shattering effects of stroke that leave no care, and would establish campaigns to raise reason, I join today with Ways and Means American community unscathed. public awareness of stroke prevention and Committee Chairman BILL THOMAS, Rep- Stroke, the third leading cause of death in treatment. I urge my colleagues to cosponsor resentative PETER KING, and 40 other Mem- our nation, is caused by an interruption of this critical legislation. bers of Congress in introducing legislation to blood flow to the brain from a blood clot or Mr. Speaker, improving systems of stroke again renew import sanctions on Burma. ruptured blood vessel. Every 45 seconds care and increasing awareness and education Unfortunately, the case for a tough ap- someone in America suffers a stroke, and of stroke treatment and prevention will help proach toward Burma, including a comprehen- every 3 minutes someone dies from one. Over ensure that all stroke patients have access to sive import ban, is even stronger today than 700,000 Americans of all ages, ethnicities, and the best available, timely treatment. On behalf last July. Just a few short weeks ago, the gender suffer new or recurring strokes each of the millions of Americans currently at risk or United Nations Human Rights Commission in year, taking the lives of more than 160,000 living with the consequences of stroke, I urge Geneva overwhelmingly approved a resolution people. us to do everything in our power to help save on Burma, attacking what it called ‘‘the sys- For those who survive an attack, the con- lives and educate the public about this dev- tematic ongoing violation of human rights’’ by sequences of a stroke can be emotionally and astating disease. the ruling junta. In its annual Human Rights physically devastating, often leaving victims f Report, the State Department charged that the with speech problems, impaired thinking, and Burmese Government has subjected its citi- paralysis. Over half of all stroke survivors NATIONAL DEFENSE AUTHORIZA- zens to torture, arbitrary arrest, forced and must live with a disability. With 4.8 million TION ACT FOR FISCAL YEAR 2006 child labor, and the use of rape as a weapon stroke survivors, stroke is the leading cause of of war. serious, long-term disability in the United SPEECH OF Meanwhile, unless the brutal ruling junta in States. Rangoon changes its stripes over the next Many of us possess an image of stroke as HON. ROSA L. DeLAURO several weeks, Nobel Laureate Aung San Suu a catastrophic, uncontrollable event that can OF CONNECTICUT Kyi will celebrate her 60th birthday under con- be neither prevented nor treated. However, IN THE HOUSE OF REPRESENTATIVES tinued house arrest, prevented from speaking given adequate resources and education, Wednesday, May 25, 2005 nearly 80 percent of all strokes can be pre- directly to the Burmese people who support The House in Committee of the Whole her battle for democracy and human rights. vented, and many others can be effectively House on the State of the Union had under The tough approach maintained by the treated. consideration the bill (H.R. 1815) to authorize United States towards Burma, including import High blood pressure, elevated cholesterol appropriations for fiscal year 2006 for mili- sanctions, may also be encouraging other na- levels, smoking, a lack of physical activity and tary activities of the Department of Defense, tions to reconsider their lenient views to the obesity have all been linked to increased sus- to prescribe military personnel strengths for Rangoon regime. Key member nations of the ceptibility to stroke. Diabetes increases the fiscal year 2006, and for other purposes Association of South East Asian Nations risk of stroke by a factor of three. By control- MS. DELAURO. Mr. Chairman, I rise in sup- (ASEAN), for the first time, have strongly criti- ling our medical risks with a healthy lifestyle port of this legislation. I am especially pleased cized Burma as it prepares to assume the ro- and regular medical care, particularly among that the amendment I will offer later today has tating chairmanship of the 10-member group African Americans who are hardest hit by car- been accepted. I will support this bill because in 2006. Last November, the European Union diovascular disease and diabetes, we can sig- it contains several important provisions that itself strengthened its Burma policy in re- nificantly decrease our chances of suffering a are good for our troops, good for our national sponse to ongoing human rights violations. In stroke. security, and good for Connecticut’s economy. both instances, the strong stand of the United Surviving a stroke with little or no disability Every Member of this body understands our States has stiffened backbones and increased is possible. Understanding the symptoms of a troops represent the very best of America. The the prospects that a multilateral sanctions re- stroke, and taking immediate emergency ac- bill authorizes additional funding for equipment gime against Burma is possible. tion by calling 9–1–1, is crucial to a chance for so desperately needed by troops serving in The import sanctions renewal legislation is full recovery. Rapid administration of clot-dis- Iraq and those fighting the war on terror in Af- also completely consistent with the tough line solving drugs, if delivered within the first 3 ghanistan and elsewhere—up-armored towards Burma taken by both Democratic and hours of the onset of stroke symptoms, can Humvees, tactical wheeled vehicle recapital- Republican Administrations. On May 17th, greatly improve a patient’s chances for recov- ization and I modernization programs, night vi- President George W. Bush extended the Ex- ery. sion devices and improvised explosive device ecutive Order first imposed in 1997 which pro- Unfortunately, Mr. Speaker, a majority of (IED) jammers. The bill also provides our hibits new U.S. investment in Burma. Just Americans are not aware of their risk for a troops with a 3.1 percent pay raise for mem- three days ago, the State Department told stroke, nor are they aware of the signs and bers of the armed forces and increases bo- Congress that U.S. sanctions against Burma symptoms of an impending stroke. Hospitals nuses for active duty enlistments, reserve en- ‘‘represent a clear and powerful expression of and emergency medical services are not orga- listments and active duty re-enlistments. Each

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MY8.009 E26PT1 E1134 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2005 of these measures is necessary to stem the RECOGNIZING 57TH ANNIVERSARY PROVIDING FOR THE CONVEYANCE decline in recruiting and retention among our OF INDEPENDENCE OF STATE OF OF CERTAIN PUBLIC LAND IN Armed Forces. ISRAEL CLARK COUNTY, NEVADA, FOR USE AS A HELIPORT This legislation also makes good on our ob- ligations to provide for the families of those SPEECH OF SPEECH OF who make the ultimate sacrifice for their coun- HON. JERROLD NADLER HON. JOHN L. MICA try. It increases the death gratuity to $100,000, OF FLORIDA allows dependents of deceased OF NEW YORK IN THE HOUSE OF REPRESENTATIVES servicemembers to continue receiving housing IN THE HOUSE OF REPRESENTATIVES Monday, May 23, 2005 benfits for one year, and expands travel au- Mr. MICA. Mr. Speaker, H.R. 849 would thorizations for families of hospitalized Monday, May 23, 2005 transfer certain land, currently within the Sloan servicemembers. This is the right thing to do, Mr. NADLER. Mr. Speaker, I rise today to Canyon National Conservation Area, to Clark and I strongly support these provisions. commemorate the 57th Anniversary of Israel’s County, Nevada. The land is to be used as a The bill also contains an important provision Independence Day. heliport for commercial helicopter air tours. requested by myself and several of my col- The transfer would only take place if certain Having long been the victims of discrimina- leagues regarding the Marine One helicopter conditions on the use of the heliport are met tion and persecution, and fresh from the un- program. It ensures that the Navy will not pro- by Clark County. imaginable horror of the Holocaust, the Jewish The first condition is that the County must cure the helicopter until it can certify that its people of the world were successful in estab- impose and collect a per passenger ‘‘con- design is essentially complete. In doing so, lishing an independent state in May of 1948. servation fee’’ of $3.00 for each passenger of this provision ensures this program does not Thanks to their heroic efforts, Israel was born a helicopter tour that passes over any portion waste taxpayer dollars in the rush to field the of the Conservation Area. as a pluralistic democracy that promotes the President’s helicopter. The second condition requires the County to values of liberty for all of its citizens. Fifty- Unfortunately, there are other provisions in ensure that any helicopter tour originating or seven years later, Israel continues to shine as concluding at the heliport traveling over the this bill that I believe are not in the best inter- a beacon of hope in a region too often blight- Conservation Area fly on a certain flight path ests of the American people or our national ed by oppressive and dictatorial regimes. and at a specified altitude except for safety security. Despite Israel’s desire for a peaceable exist- reasons. For purposes of clarity, the conditions set First, over the objections of the Joint Chiefs ence, its citizens have been the target of vio- forth in H.R. 849 are on the transfer of the of Staff, it restricts the role of women in com- lence since the state’s inception. These at- land and should the County fail to fulfill the bat. Congress ought to charge the military with tacks have come from neighboring states, re- the responsibility to move people into jobs and conditions; the land would either not be trans- sulting in multiple wars, and from the coordi- ferred or if already transferred would revert positions based on merit. But excluding nated efforts of terrorists. Innocent Israeli’s back to the United States. women from combat effectively creates two have been targeted while going about their Let us look at each of the conditions on the classes of servicemember, which is both bad daily lives, often during activities as routine as transfer of the land to Clark County. for morale and may ultimately limit the ability boarding a bus or sitting in an outdoor cafe´. The first condition, that the County impose of women to receive promotions in the future. and collect a per passenger fee, is problem- Yet, despite the recurring waves of terror, Regrettably, the military already suffers from a atic. Elsewhere in law, States or political sub- the Israeli people have managed not just to case of not having enough women in senior divisions of States are prohibited from levying maintain their independence, but also to thrive positions, and this bill threatens to make that or collecting a ‘‘tax, fee, or charge . . . exclu- as a society. Israelis find themselves at the problem worse, not better. sively upon any business located a commer- leading edge of innovation in the scientific and cial service airport [which includes heliports] And this bill misses two real opportunities to academic fields. The industrious Israeli people . . . other than a tax, fee, or charge wholly make a tangible difference in the lives of the transformed an arid landscape into a model utilized for airport or aeronautical purposes.’’ men and women of our Armed Services and green space dotted with cities rich in diversity Therefore, it seems that the County would their families. Firstly, it does nothing to expand and culture. This resilience and vibrancy is a be unable to fulfill the first condition of the land transfer as the fee would be imposed the availability of health care to members of credit to Israel’s open system of government, the Reserves and their families, even though upon and collected from helicopter tour pas- a system that respects and promotes civil sengers for the management of cultural, wild- there are more than 100,000 Reservists and rights, free expression, and genuine demo- National Guardsmen currently on the front life and wilderness resources on public land in cratic elections. Nevada. lines of Iraq, Afghanistan and around the I am hopeful that a lasting peace in this The second condition is also problematic. world. troubled region can be reached. However, this Again, this condition would require the County And incredibly, this bill does nothing about cannot come at the expense of Israel’s secu- to ensure that certain flight paths and min- imum flight altitudes are utilized by the heli- the military families tax and the disabled vet- rity. I will continue to demand that the Pales- copter tours. erans tax. At a time when Congress has re- tinian Authority renounce, immediately and pealed the tax on inherited wealth—the estate It should be emphasized that this bill does completely, all forms of terrorism. not direct Federal Aviation Administration tax—it is unconscionable that we would con- On this day of independence, Yom (FAA) action with regard to airspace manage- tinue to tax those who have become disabled Ha’Atzmaut, the United States stands proudly ment and control. in service to their country and the survivors with Israel and remembers the sacrifices made In fact, should the FAA determine that the benefits of those killed in combat. To my mind, flight path and minimum altitude requirements by her founders. In addition, we honor the sol- that is the real ‘‘death tax,’’ Mr. Speaker—tax- set forth in the bill are unsafe or otherwise diers and ordinary citizens who have died in ing the families of those whose loved ones operationally unwise, the County would have defense of freedom. The U.S. takes great gave their lives and their livelihoods to this failed to meet a condition of the land transfer pride in our alliance with Israel, and we find great country of ours. They deserve better. and the land would revert back to the United great strength in our moral and philosophical States. Of course, the alternative to the bill is delay. ties, as well as our economic and military part- To make this perfectly clear, only the FAA And we cannot afford to put off the much-de- nerships. We will continue to act jointly with has the authority to manage and control the served pay raise for our troops in this bill or Israel to preserve her status as a secure Jew- National Airspace. State, regional, county and the purchase of new equipment that they so ish state and a model of democracy for the other local government entities, not to mention desperately need. Because we have an obli- whole of the Middle East. other Federal departments and agencies, have gation to act now, I support the bill. But it is no authority in this regard. I urge my colleagues to support this concur- my hope that Congress will address these im- Thus, the second condition on the transfer rent resolution. portant issues—and soon. of land to Clark County is clearly outside of the County’s authority and control.

VerDate Aug 04 2004 07:30 May 27, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.114 E26PT1 May 26, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1135 Therefore, given that Clark County may very mote peace and stability in cross-strait rela- World Health Assembly observer and wish well be unable to fulfill either of the conditions tions. He has supported Taiwan’s opposition President Chen and the people of Taiwan suc- of the land transfer; it appears that H.R. 849 leaders’ visit to China and indicated that he cess this year. is legislating a nullity. would welcome feedback on safeguarding the I thank my colleagues for the opportunity to democracy and sovereignty of Taiwan. f be heard on H.R. 849 and to clarify the legis- Taiwan and the United States share the val- lative record with regard to this bill and how it ues of freedom, human rights, and democracy PERSONAL EXPLANATION should be interpreted relating to the FAA and and work together politically and economically. airspace management and control. Currently the United States is Taiwan’s largest HON. LYNN A. WESTMORELAND f trading partner, with more than 270 direct flights between the United States and Taiwan OF GEORGIA RECOGNIZING THE FIRST YEAR OF every week. There are more than 28,000 Tai- IN THE HOUSE OF REPRESENTATIVES CHEN SHUI-BIAN’S PRESIDENCY wanese students currently studying in the OF TAIWAN Thursday, May 26, 2005 United States. We hope these trends will con- tinue under the leadership of President Chen. Mr. WESTMORELAND. Mr. Speaker, during HON. CHRISTOPHER SHAYS Taiwan is currently seeking to be a World an amendment vote on H.R. 1817, the Depart- OF CONNECTICUT Health Assembly observer this year. Its 23 mil- ment of Homeland Security Authorization Act IN THE HOUSE OF REPRESENTATIVES lion people need access to the services pro- for Fiscal Year 2006, rollcall Vote 184, Rep- Thursday, May 26, 2005 vided by the World Health Organization resentative HOOLEY’s Amendment, an amend- Mr. SHAYS. Mr. Speaker, for the people of (WHO). Excluding Taiwan from the WHO both ment numbered 13 printed in part B of House Taiwan this month marks the close of the first jeopardizes the health of the Taiwanese peo- Report 109–84 to prohibit any of the money in year of President Chen Shui-Bian’s second ple and keeps the rest of the world from bene- the DHS authorization bill to come from an in- term in office. fiting from the health care resources and ex- crease in airline ticket taxes I inadvertently President Chen’s leadership has received pertise Taiwan has to share. voted ‘‘no’’ when I meant to vote ‘‘yes.’’ I praise around the world because he is actively I applaud the Administration and Congress would like to add this statemnt to the RECORD seeking a dialogue with China that will pro- in its support of Taiwan’s bid to become a to reflect this.

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HIGHLIGHTS Senate agreed to H. Con. Res. 167, Adjournment Resolution. The House passed H.R. 2528, Military Quality of Life and Veterans Af- fairs, and Related Agencies Appropriations Act for FY 2006. Senate and the bill was then passed, clearing the measure Chamber Action for the President. Page S6064 Routine Proceedings, pages S5945–S6073 Recognizing Oklahoma Independent Petroleum Measures Introduced: Thirty-three bills and five Association 50th Anniversary: Senate agreed to S. resolutions were introduced, as follows: S. Res. 159, recognizing the 50th anniversary of the 1128–1160, S. Res. 157–159, and S. Con. Res. Oklahoma Independent Petroleum Association and 39–40. Pages S6021–22 its members vital contribution to the oil and gas in- Measures Reported: dustry of the United States. Pages S6064–65 S. 606, to amend the Clean Air Act to eliminate Transportation Equity Act: Senate insisted on its methyl tertiary butyl ether from the United States amendment to H.R.3, to authorize funds for Federal- fuel supply, to increase production and use of renew- aid highways, highway safety programs, and transit able fuel, and to increase the Nation’s energy inde- programs, agreed to the House request for a con- pendence, with amendments. (S. Rept. No. 109–74) ference on the disagreeing votes of the two Houses, S. 302, to make improvements in the Foundation and the Chair was authorized to appoint the fol- for the National Institutes of Health, with an lowing conferees on the part of the Senate: Senators amendment in the nature of a substitute. (S. Rept. Inhofe, Warner, Bond, Voinovich, Chafee, Mur- No. 109–75) Page S6020 kowski, Thune, DeMint, Isakson, Vitter, Grassley, Measures Passed: Hatch, Shelby, Allard, Stevens, Lott, Jeffords, Bau- Transportation Equity Act: Senate passed H.R. cus, Lieberman, Boxer, Carper, Clinton, Lautenberg, 2566, to provide an extension of highway, highway Obama, Conrad, Inouye, Rockefeller, Sarbanes, Reed, safety, motor carrier safety, transit, and other pro- and Johnson. Page S6060 grams funded out of the Highway Trust Fund pend- Nomination Considered: Senate continued consid- ing enactment of a law reauthorizing the Transpor- eration of the nomination of John Robert Bolton, of tation Equity Act for the 21st Century, clearing the Maryland, to be Representative of the United States measure for the President. Page S5962 of America to the United Nations. Adjournment Resolution: Senate agreed to H. Pages S5946–62, S5962–98 Con. Res. 167, providing for a conditional adjourn- During consideration of this nomination today, ment of the House of Representatives and a condi- Senate also took the following action: tional recess or adjournment of the Senate. By 56 yeas to 42 nays (Vote No. 129 ), three- Page S6063 fifths of those Senators duly chosen and sworn, not Robert M. La Follette, Sr. Post Office Building: having voted in the affirmative, Senate rejected the Committee on Homeland Security and Governmental motion to close further debate on the nomination. Affairs was discharged from further consideration of Page S5997 H.R. 1760, to designate the facility of the United Subsequently, Senator Frist entered a motion to States Postal Service located at 215 Martin Luther reconsider the vote by which the motion to invoke King, Jr. Boulevard in Madison, Wisconsin, as the cloture on the nomination (listed above) failed. ‘‘Robert M. La Follette, Sr. Post Office Building’’, Page S5997 D553

VerDate Aug 04 2004 06:43 May 27, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D26MY5.REC D26MY5 D554 CONGRESSIONAL RECORD — DAILY DIGEST May 26, 2005 Nomination Considered: Senate began consider- Appointments: ation of the nomination of Janice R. Brown, of Cali- Board of Directors of the Office of Compliance: fornia, to be United States Circuit Judge for the Dis- The Chair, on behalf of the Majority and Minority trict of Columbia Circuit. Page S6061 Leaders of the Senate and the Speaker and Minority A motion was entered to close further debate on Leader of the House of Representatives, pursuant to the nomination and, in accordance with the provi- Section 301 of Public Law 104–1, as amended by sions of Rule XXII of the Standing Rules of the Public Law 108–349, announced the joint re-des- Senate, a vote on cloture will occur at 12 noon, on ignation of the following individual, as Chair of the Tuesday, June 7, 2005. Page S6061 Board of Directors of the Office of Compliance: A unanimous-consent agreement was reached pro- Susan S. Robfogel of New York. Page S6064 viding for further consideration of the nomination at Board of Directors of the Office of Compliance: 2 p.m. on Monday, June 6, 2005. Page S6065 The Chair, on behalf of the Majority and Minority Nomination Considered: Senate began consider- Leaders of the Senate and the Speaker and Minority ation of the nomination of William H. Pryor, Jr., of Leader of the House of Representatives, pursuant to Alabama, to be United States Circuit Judge for the Section 301 of Public Law 104–1, as amended by Eleventh Circuit. Page S6061 Public Law 108–349, announced the joint re-des- A motion was entered to close further debate on ignation of the following individuals, as Chair of the the nomination and, in accordance with the provi- Board of Directors of the Office of Compliance: Bar- sions of Rule XXII of the Standing Rules of the bara L. Camens of the District of Columbia, and Ro- Senate, a vote on cloture may occur on Tuesday, berta L. Holzwarth of Illinois. Page S6064 June 7, 2005. Page S6061 Nominations Confirmed: Senate confirmed the fol- Nomination—Referral: A unanimous-consent lowing nominations: agreement was reached providing that the nomina- Harry Robinson, Jr., of Texas, to be a Member of tion of Israel Hernandez, of Texas, to be Assistant the National Museum Services Board for a term ex- Secretary of Commerce and Director General of the piring December 6, 2008. United States and Foreign Commercial Service, re- Charles P. Ruch, of South Dakota, to be a Mem- ceived on today, be jointly-referred to the Com- ber of the Board of Trustees of the Barry Goldwater mittee on Commerce, Science, and Transportation Scholarship and Excellence in Education Foundation and the Committee on Banking, Housing, and for a term expiring August 11, 2010. Urban Affairs. Page S6061 Tony Hammond, of Virginia, to be a Commis- sioner of the Postal Rate Commission for a term ex- Authorizing Leadership To Make Appoint- piring October 14, 2010. ments—Agreement: A unanimous-consent agree- Robert Joseph, of Virginia, to be Under Secretary ment was reached providing that notwithstanding of State for Arms Control and International Security. the adjournment of the Senate, the President of the (Prior to this action, Committee on Foreign Rela- Senate, the President pro tempore, and the Majority tions was discharged from further consideration.) and Minority Leaders be authorized to make ap- Kim Wang, of California, to be a Member of the pointments to commissions, committees, boards, National Museum and Library Services Board for a conferences, or interparliamentary conferences au- term expiring December 6, 2009. thorized by law, by concurrent action of the two Kenneth J. Krieg, of Virginia, to be Under Sec- Houses, or by order of the Senate. Page S6063 retary of Defense for Acquisition, Technology, and Signing Authority Agreement: A unanimous-con- Logistics. sent agreement was reached providing that during Sean Ian McCormack, of the District of Columbia, the adjournment of the Senate, the Majority Leader, to be an Assistant Secretary of State (Public Affairs). Majority Whip and Senator Warner, be authorized (Prior to this action, Committee on Foreign Rela- to sign duly enrolled bills or joint resolutions. tions was discharged from further consideration.) Page S6063 Raymond Simon, of Arkansas, to be Deputy Sec- Authority for Committees: A unanimous-consent retary of Education. agreement was reached providing that notwith- David Horton Wilkins, of South Carolina, to be standing the adjournment of the Senate, all commit- Ambassador to Canada. (Prior to this action, Com- tees were authorized to file legislative and executive mittee on Foreign Relations was discharged from further consideration.) matters on Wednesday, June 1, 2005, from 10 a.m. James M. Derham, of Virginia, to be Ambassador until 12 noon. Page S6063 to the Republic of Guatemala. (Prior to this action,

VerDate Aug 04 2004 06:43 May 27, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D26MY5.REC D26MY5 May 26, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D555 Committee on Foreign Relations was discharged Gregory L. Schulte, of Virginia, to be Representa- from further consideration.) tive of the United States of America to the Vienna William Alan Eaton, of Virginia, to be Ambas- Office of the United Nations, with the rank of Am- sador to the Republic of Panama. (Prior to this ac- bassador. tion, Committee on Foreign Relations was dis- Gregory L. Schulte, of Virginia, to be Representa- charged from further consideration.) tive of the United States of America to the Inter- Paul A. Trivelli, of Virginia, to be Ambassador to national Atomic Energy Agency, with the rank of the Republic of Nicaragua. (Prior to this action, Ambassador. Committee on Foreign Relations was discharged A routine list in the Air Force. Pages S6065–72 from further consideration.) Messages From the House: Pages S6017–18 Victoria Nuland, of Connecticut, to be Permanent Representative of the United States of America on Measures Referred: Page S6018 the Council of the North Atlantic Treaty Organiza- Measures Placed on Calendar: Page S6018 tion, with the rank and status of Ambassador. (Prior Measures Read First Time: Page S6018 to this action, Committee on Foreign Relations was discharged from further consideration.) Executive Communications: Pages S6018–20 Linda Jewell, of the District of Columbia, to be Executive Reports of Committees: Page S6020 Ambassador to the Republic of Ecuador. (Prior to Additional Cosponsors: Pages S6022–23 this action, Committee on Foreign Relations was dis- charged from further consideration.) Statements on Introduced Bills/Resolutions: John F. Tefft, of Virginia, to be Ambassador to Pages S6023–59 Georgia. (Prior to this action, Committee on Foreign Additional Statements: Pages S6015–17 Relations was discharged from further consideration.) Authority for Committees to Meet: Pages S6059–60 4 Air Force nominations in the rank of general. 30 Army nominations in the rank of general. Privilege of the Floor: Page S6060 4 Coast Guard nominations in the rank of admi- Record Votes: One record vote was taken today. ral. (Prior to this action, Committee on Commerce, (Total—129) Page S5997 Science, and Transportation was discharged from fur- Adjournment: Senate convened at 9:30 a.m. and, ther consideration.) 2 Marine Corps nominations in the rank of gen- pursuant to the provisions of H. Con. Res. 167, ad- eral. journed at 9:02 p.m., until 2 p.m., on Monday, June 55 Navy nominations in the rank of admiral. 6, 2005. (For Senate’s program, see the remarks of Routine lists in the Air Force, Army, Navy. the Majority Leader in today’s Record on page Routine list in the Coast Guard. (Prior to this ac- S6065.) tion, Committee on Commerce, Science, and Trans- portation was discharged from further consideration.) Committee Meetings Routine list in the National Oceanic and Atmos- pheric Administration. (Prior to this action, Com- (Committees not listed did not meet) mittee on Commerce, Science, and Transportation was discharged from further consideration.) APPROPRIATIONS: DEPARTMENT OF Pages S6061–63, S6072–73 COMMERCE Nominations Received: Senate received the fol- Committee on Appropriations: Subcommittee on Com- lowing nominations: merce, Justice, Science and Related Agencies con- William Anderson, of Connecticut, to be an As- cluded a hearing to examine proposed budget esti- sistant Secretary of the Air Force. mates for fiscal year 2006 for the Department of Richard A. Raymond, of Nebraska, to be Under Commerce, after receiving testimony from Carlos M. Secretary of Agriculture for Food Safety. Gutierrez, Secretary of Commerce. Randal Quarles, of Utah, to be an Under Secretary of the Treasury. APPROPRIATIONS: USAID Israel Hernandez, of Texas, to be Assistant Sec- Committee on Appropriations: Subcommittee on State, retary of Commerce and Director General of the Foreign Operations, and Related Programs concluded United States and Foreign Commercial Service. a hearing to examine proposed budget estimates for Philip D. Morrison, of the District of Columbia, fiscal year 2006 for the United States Agency for to be an Assistant Secretary of the Treasury. International Development (USAID), after receiving Ronald E. Neumann, of Virginia, to be Ambas- testimony from Andrew S. Natsios, Administrator, sador to the Islamic Republic of Afghanistan. United States Agency for International Development.

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INTERNATIONAL ECONOMICS Ian McCormack, of the District of Columbia, to be Committee on Banking, Housing, and Urban Affairs: Assistant Secretary of State for Public Affairs, after Committee concluded a hearing to examine the re- the nominees testified and answered questions in port to Congress on international economic and ex- their own behalf. change rate policies, focusing on imbalances in the global economy, and China’s currency regime, after NOMINATIONS receiving testimony from John W. Snow, Secretary Committee on Foreign Relations: Committee concluded of the Treasury. a hearing to examine the nominations of Rodolphe AVIATION CAPACITY AND CONGESTION M. Vallee, of Vermont, to be Ambassador to the Slo- vak Republic, who was introduced by Senators Leahy Committee on Commerce, Science, and Transportation: Sub- and Jeffords; Molly Hering Bordonaro, of Oregon, to committee on Aviation concluded a hearing to exam- be Ambassador to the Republic of Malta, who was ine aviation capacity and congestion challenges re- introduced by Senators Smith and Wyden; and Ann garding summer 2005 and future demand, focusing Louise Wagner, of Missouri, to be Ambassador to on traffic and delay trends, factors contributing to Luxembourg, who was introduced by Senators Bond the increased system complexity, how the aviation and Talent, after the nominees testified and answered community is responding, and the specific actions questions in their own behalf. that must be pursued in order to meet the forecasted demand and maintain global leadership in aviation CONTAINER SECURITY INITIATIVE safety, capacity, and efficiency, after receiving testi- mony from Marion C. Blakey, Administrator, Federal Committee on Homeland Security and Governmental Af- Aviation Administration, and Kenneth M. Mead, In- fairs: Permanent Subcommittee on Investigations spector General, both of the Department of Trans- concluded a hearing to examine the container secu- portation; Gerald Dillingham, Director, Civil Avia- rity initiative and the customs-trade partnership tion Issues, Government Accountability Office; and against terrorism, focusing on how Customs utilizes Amr A. ElSawy, MITRE Corporation, McLean, Vir- container security initiative and customs trade part- ginia. nership against terrorism in connection with its other enforcement programs and review the require- BUSINESS MEETING ments for and challenges involved in transitioning Committee on Energy and Natural Resources: Committee these from promising risk management concepts to ordered favorably reported an original bill to enhance effective and sustained enforcement operations, after the energy security of the United States. receiving testimony from Robert C. Bonner, Com- NRC OVERSIGHT missioner, U.S. Customs and Border Protection, and C. Stewart Verdery, Jr., Mehlman Vogel Castagnetti, Committee on Environment and Public Works: Sub- Inc., Washington, D.C., former Assistant Secretary committee on Clean Air, Climate Change, and Nu- of Border and Transportation Security Policy, both of clear Safety concluded an oversight hearing to exam- the Department of Homeland Security; Richard M. ine the Nuclear Regulatory Commission (NRC), fo- Stana, Director, Homeland Security and Justice cusing on challenges facing the NRC in effectively Team, Government Accountability Office; and Com- carrying out its mission, especially in overseeing the mander Stephen E. Flynn, USCG (Ret.), Council on security and safety of nuclear power plants in the Foreign Relations, New York, New York. United States, after receiving testimony from Nils J. Diaz, Chairman, Edward McGaffigan, Jr., Commis- PRIVATE RESEARCH AND DEVELOPMENT sioner, and Gregory B. Jaczko, Commissioner, all of the Nuclear Regulatory Commission; Jim Wells, Di- Committee on Homeland Security and Governmental Af- rector, Natural Resources and Environment, Govern- fairs: Subcommittee on Federal Financial Manage- ment Accountability Office; Marilyn C. Kray, Exelon ment, Government Information, and International Nuclear, Kennett Square, Pennsylvania, on behalf of Security concluded a hearing to examine the effec- NuStart Energy Development; and Edwin S. Lyman, tiveness of federal financing of private research and Union of Concerned Scientists, Washington, D.C. development, and whether some of these programs result in the development of new technologies or NOMINATIONS displace private investment, after receiving testimony Committee on Foreign Relations: Committee concluded from Robin M. Nazzaro, Director, Natural Resources a hearing to examine the nominations of Dina Habib and Environment, Government Accountability Of- Powell, of Texas, to be Assistant Secretary of State fice; Brian Riedl, The Heritage Foundation, and for Educational and Cultural Affairs, who was intro- Charles W. Wessner, National Research Council, duced by Senators Hutchison and Cornyn; and Sean The National Academies, both of Washington, D.C.

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EMPLOYMENT TRENDS focusing on the proposed Temporary Worker Pro- Committee on Health, Education, Labor, and Pensions: gram recognizing that the economy relies on tem- Committee concluded a hearing to examine issues re- porary foreign workers to fill workforce shortages lating to the 21st century workplace, focusing on when there are insufficient numbers of willing or preparing for tomorrow’s employment trends today, able domestic workers, after receiving testimony Ste- after receiving testimony from Tamara J. Erickson, ven J. Law, Deputy Secretary of Labor; Thomas J. The Concours Group, Watertown, Massachusetts; Donahue, United States Chamber of Commerce, and and Diana Furchtgott-Roth, Hudson Institute, and Daniel Griswold, Cato Institute, both of Wash- Jared Bernstein, Economic Policy Institute, both of ington, D.C.; and Douglas S. Massey, Princeton Uni- Washington, D.C. versity, Princeton, New Jersey. BUSINESS MEETING VA DISABILITY CLAIMS PROCESS Committee on the Judiciary: Committee ordered favor- Committee on Veterans’ Affairs: Committee concluded a ably reported the following business items: hearing to examine challenges facing the VA claims S. 852, to create a fair and efficient system to re- adjudication and appeal process, focusing on the cur- solve claims of victims for bodily injury caused by rent state of VA’s disability claims process and fac- asbestos exposure, with amendments; and tors that may impede VA’s ability to improve per- The nominations of Richard A. Griffin, of Michi- formance, after receiving testimony from Daniel L. gan, to be United States Circuit Judge for the Sixth Cooper, Under Secretary for Benefits, Ronald Garvin, Circuit, David W. McKeague, of Michigan, to be Acting Chairman of the Board of Veterans’ Appeals, United States Circuit Judge for the Sixth Circuit, and Robert H. Epley, Associate Deputy Under Sec- and Paul D. Clement, of Virginia, to be Solicitor retary for Policy and Program Management, Veterans General of the United States, Anthony Jerome Jen- Benefits Administration, all of the Department of kins, of Virgin Islands, to be United States Attorney Veterans Affairs; Cynthia A. Bascetta, Director, Edu- for the District of the Virgin Islands, Stephen Joseph cation, Workforce and Income Security, Government Murphy III, of Michigan, to be United States Attor- Accountability Office; Kenneth B. Kramer, former ney for the Eastern District of Michigan, Gretchen Chief Judge of the United States Court of Appeals C.F. Shappert, of North Carolina, to be United for Veterans Claims; Robert Chisholm, National Or- States Attorney for the Western District of North ganization of Veterans Advocates, Providence, Rhode Carolina, and Regina B. Schofield, of Virginia, to be Island; and Rick Surratt, Disabled American Vet- Assistant Attorney General for the Office of Justice erans, Washington, D.C. Programs, all of the Department of Justice. IMMIGRATION REFORM BUSINESS MEETING Committee on the Judiciary: Subcommittee on Immi- Select Committee on Intelligence: Committee met in gration, Border Security and Citizenship concluded a closed session to consider pending intelligence mat- hearing to examine the need for comprehensive im- ters. migration reform relating to the national economy, Committee recessed subject to the call. h House of Representatives H.R. 2293, to provide special immigrant status Chamber Action for aliens serving as translators with the United Measures Introduced: 97 public bills, H.R. States Armed Forces, amended (H. Rept. 109–99); 2646–2742; 1 private bill, H.R. 2743; and 13 reso- and lutions, H.J. Res. 52; H. Con. Res. 167–173; and H.J. Res. 27, resolution withdrawing the approval H. Res. 299–302, were introduced. Pages H4138–42 of the United States from the Agreement estab- Additional Cosponsors: Page H4142 lishing the World Trade Organization, adversely (H. Reports Filed: Reports were filed today as follows: Rept. 109–100). Page H4138 H.R. 1496, to return general aviation to Ronald Military Quality of Life and Veterans Affairs, Reagan Washington National Airport, amended (H. and Related Agencies Appropriations Act for FY Rept. 109–98);

VerDate Aug 04 2004 06:43 May 27, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D26MY5.REC D26MY5 D558 CONGRESSIONAL RECORD — DAILY DIGEST May 26, 2005 2006: The House passed H.R. 2528, making appro- Rural Development, Food and Drug Administration, priations for military quality of life functions of the and related agencies for the fiscal year ending Sep- Department of Defense, military construction, the tember 30, 2006. Page H4114 Department of Veterans Affairs, and related agencies Late Report: Agreed that the Permanent Select for the fiscal year ending September 30, 2006, by a Committee on Intelligence have until midnight on yea-and-nay vote of 425 yeas to 1 nay, Roll No. June 5 to file a report on H.R. 2475. Page H4114 226. Pages H4085–H4114 Agreed to: Transportation Equity Act—Motion to go to Jones of Ohio amendment that prohibits the use Conference: The House disagreed to the Senate of funds to close or realign any military installation amendment to H.R. 3, to authorize funds for Fed- approved for closure or realignment in 2005 before eral-aid highways, highway safety programs, and the Secretary of Defense makes the information avail- transit programs, and requested a conference. able upon which the closure and realignment rec- Pages H4114–18 ommendations were based. Pages H4109–10 Rejected the Oberstar motion to instruct conferees Rejected: by a yea-and-nay vote of 189 yeas to 223 nays, Roll Melancon amendment that sought to increase No. 227. Pages H4114–18 funding for the Department of Veterans Affairs (by Appointed as conferees: From the Committee on a recorded vote of 213 ayes to 214 noes, Roll No. Transportation and Infrastructure, for consideration 224); and Pages H4096–97, H4111–12 of the House bill (except title X) and the Senate Blumenauer amendment (No. 2 printed in the amendment (except title V), and modifications com- Congressional Record of May 25) that sought to in- mitted to conference: Representatives Young of Alas- crease funding for Base Realignment and Closure ka, Petri, Boehlert, Coble, Duncan, Mica, Hoekstra, Account 1990 (by a recorded vote of 171 ayes to LaTourette, Bachus, Baker, Gary G. Miller of Cali- 254 noes, Roll No. 225). Pages H4100–02, H4112–13 Withdrawn: fornia, Hayes, Simmons, Brown of South Carolina, Blumenauer amendment (No. 3 printed in the Graves, Shuster, Boozman, Oberstar, Rahall, Congressional Record of May 25) that was offered DeFazio, Costello, Norton, Nadler, Menendez, and subsequently withdrawn that sought to increase Corrine Brown of Florida, Filner, Eddie Bernice funding for Base Realignment and Closure Account Johnson of Texas, Taylor of Mississippi, Millender- 1990; Pages H4102–03 McDonald, Cummings, Blumenauer, and Tauscher; Jones of Ohio amendment that was offered and Page H4136 subsequently withdrawn that sought to prohibit the From the Committee on the Budget, for consider- use of funds to implement the results of the 2005 ation of secs. 8001–8003 of the House bill, and round of base closures and realignments until the Title III of the Senate amendment, and modifications completion of all environmental remediation associ- committed to conference: Representatives Nussle, ated with the closure of military installations ap- Mario Diaz-Balart of Florida, and Spratt; Page H4136 proved for closure in the 1995 round; and From the Committee on Education and the Work- Page H4109 force, for consideration of secs. 1118, 1605, 1809, Tiahrt amendment that was offered and subse- 3018, and 3030 of the House bill, and secs. 1304, quently withdrawn that sought to prohibit the use 1819, 6013, 6031, 6038, and 7603 of the Senate of funds to promulgate regulations without consider- amendment, and modifications committed to con- ation of the effect of such regulations on the com- ference: Representatives Kline, Keller, and Barrow; petitiveness of American businesses. Pages H4110–11 Page H4136 Point of Order: From the Committee on Energy and Commerce, Obey amendment that increases funding for the for consideration of provisions in the House bill and Department of Veterans Affairs, and adds a new sec- Senate amendment relating to Clean Air Act provi- tion to the end of the bill regarding tax reduction. sions of transportation planning contained in secs. Pages H4105–06 6001 and 6006 of the House bill, and secs. 6005 H. Res. 298, the rule providing for consideration and 6006 of the Senate amendment; and secs. 1210, of the measure was agreed to by voice vote, after 1824, 1833, 5203, and 6008 of the House bill, and agreeing to order the previous question by a yea- secs. 1501, 1511, 1522, 1610–1619, 1622, 4001, and-nay vote of 223 yeas to 194 nays, Roll No. 223. 4002, 6016, 6023, 7218, 7223, 7251, 7252, Pages H4078–84 7256–7262, 7324, 7381, 7382, and 7384 of the Late Report: Agreed that the Committee on Appro- Senate amendment, and modifications committed to priations have until midnight on June 3 to file a re- conference: Representatives Barton of Texas, Pick- port on a bill making appropriations for Agriculture, ering, and Dingell; Page H4136

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From the Committee on Government Reform, for Res. 167 in which case the House shall stand ad- consideration of sec. 4205 of the House bill, and sec. journed pursuant to that concurrent resolution. 2101 of the Senate amendment, and modifications Page H4118 committed to conference: Representatives Tom Davis Calendar Wednesday: Agreed to dispense with the of Virginia, Platts, and Waxman; Page H4136 Calendar Wednesday business of Wednesday, June 8. From the Committee on Homeland Security, for Page H4119 consideration of secs. 1834, 6027, 7324, and 7325 Resignation of Inspector General: Read a letter of the Senate amendment, and modifications com- from Steven A. McNamara, in which he announced mitted to conference: Representatives Cox, Daniel E. his resignation as Inspector General for the House of Lungren of California, and Thompson of Mississippi; Representatives, effective May 30, 2005. Page H4119 Page H4136 From the Committee on the Judiciary, for consid- Speaker: Read a letter from the Speaker wherein he eration of secs. 1211, 1605, 1812, 1832, 2013, appointed Representative Thornberry, or if he is not 2017, 4105, 4201, 4202, 4214, 7018–7020, and available, Representative Gilchrest to sign enrolled 7023 of the House bill, and secs. 1410, 1512, 1513, bills and joint resolutions through June 7, 2005. 6006, 6029, 7108, 7113, 7115, 7338, 7340, 7343, Page H4136 7345, 7362, 7363, 7406, 7407, and 7413 of the Senate Message: Message received from the Senate Senate amendment, and modifications committed to today appears on page H4125. conference: Representatives Sensenbrenner, Smith of Quorum Calls—Votes: Three yea-and-nay votes Texas, and Conyers; Page H4136 and two recorded votes developed during the pro- From the Committee on Resources, for consider- ceedings today and appear on pages H4084, ation of secs. 1119, 3021, 6002, and 6003 of the H4111–12, H4112–13, H4113–14, and H4117–18. House bill, and secs. 1501, 1502, 1505, 1511, 1514, There were no quorum calls. 1601, 1603, 6040, and 7501–7518 of the Senate Adjournment: The House met at 10 a.m. and at amendment, and modifications committed to con- 6:23 p.m., pursuant to the provisions of H. Con. ference: Representatives Pombo, Walden of Oregon, Res. 167 stands adjourned until noon on Monday, and Kind; Page H4136 May 30, unless it sooner has received a message from From the Committee on Rules, for consideration the Senate transmitting its concurrence in the H. of secs. 8004 and 8005 of the House bill, and modi- Con. Res. 167, in which case the House shall stand fications committed to conference: Representatives adjourned until 2 p.m. on Tuesday, June 7. Dreier, Capito, and McGovern; Page H4136 From the Committee on Science, for consideration of secs. 2010, 3013, 3015, 3034, 3039, 3041, 4112, Committee Meetings and Title V of the House bill, and Title II and secs. 6014, 6015, 6036, 7118, 7212, 7214, 7361, and FEDERAL WORKERS COMPENSATION 7370 of the Senate amendment, and modifications IMPROVEMENT; FEDERAL FIREFIGHTERS committed to conference: Representatives Ehlers, FAIRNESS ACT Reichert, and Gordon; Page H4136 Committee on Education and the Workforce: Sub- From the Committee on Ways and Means, for committee on Workforce Protections held a hearing consideration of Title X of the House bill, and Title on the following measures: H.R. 2561, To amend V of the Senate amendment, and modifications com- the Federal Employees’ Compensation Act to cover mitted to conference: Representatives Thomas, services provided to injured Federal workers by phy- McCrery, and Rangel; and Page H4136 sician assistants and nurse practitioners; and H.R. For consideration of the House bill and Senate 697, Federal Firefighters Fairness Act of 2005. Testi- amendment, and modifications committed to con- mony was heard from Representative Jo Ann Davis ference: Majority Leader Mr. DeLay. Page H4136 of Virginia; and public witnesses. Memorial Day District Work Period: The House CLEAR SKIES INITIATIVE agreed to H. Con. Res. 167 providing for a condi- Committee on Energy and Commerce: Subcommittee on tional adjournment of the House and a conditional Energy and Air Quality held a hearing on the Ad- recess or adjournment of the Senate. Page H4118 ministration’s Clear Skies Initiative. Testimony was Meeting Hour: Agreed that when the House ad- heard from James L. Connaughton, Chairman, Coun- journ today, it adjourn to meet at noon on Monday, cil on Environmental Quality; and Jeffrey R. May 30, unless it sooner has received a message from Holmstead, Assistant Administrator, Air and Radi- the Senate transmitting its concurrence in H. Con. ation, EPA.

VerDate Aug 04 2004 06:43 May 27, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D26MY5.REC D26MY5 D560 CONGRESSIONAL RECORD — DAILY DIGEST May 26, 2005 PANDEMIC FLU THREAT TERRORIST ACTIVITIES—NUCLEAR BOMB Committee on Energy and Commerce: Subcommittee on BUILDING Health held a hearing entitled ‘‘The Threat of and Committee on Homeland Security: Subcommittee on Pre- Planning for Pandemic Flu.’’ Testimony was heard vention of Nuclear and Biological Attack also held from the following officials of the Department of a hearing entitled ‘‘Building a Nuclear Bomb: Iden- Health and Human Services: Bruce Gellin, Director, tifying Early Indicators of Terrorist Activities.’’ Tes- National Vaccine Program Office, Office of Public timony was heard from public witnesses. Health and Science; Julie Louise Gerberding, M.D., Director, Centers for Disease Control and Prevention; FOREIGN RELATIONS AUTHORIZATION and Anthony S. Fauci, M.D., Director, National In- ACT; RESOLUTION REGARDING stitute of Allergy and Infectious Diseases; Marcia SREBRENICA MASSACRE Crosse, Director, Health Care Issues, GAO; and pub- Committee on International Relations: Subcommittee on lic witnesses. Africa, Global Human Rights and International Op- erations approved for full Committee action the fol- DTV TRANSITION ACT lowing measures: H.R. 2601, amended, Foreign Re- Committee on Energy and Commerce: Subcommittee on lations Authorization Act, Fiscal Years 2006 and Telecommunications and the Internet held a hearing 2007; and H. Res. 199, Expressing the sense of the on the DTV Transition Act of 2005. Testimony was House of Representatives regarding the massacre at heard from Rick Chessen, Chair, DTV Task Force, Srebrenica in July 1995. FCC; Mark L. Goldstein, Director, Physical Infra- structure Team, GAO; Steve Souder, Director, 911 U.S. AND NORTHEAST ASIA Emergency Communications Center, Montgomery Committee on International Relations: Subcommittee on County, State of Maryland; and public witnesses. Asia and the Pacific held a hearing on the United States and Northeast Asia. Testimony was heard FINANCIAL INSTITUTIONS DETECTING from Christopher Hill, Assistant Secretary, Bureau of CRIMES East Asian and Pacific Affairs, Department of State; Committee on Financial Services: Subcommittee on and Richard P. Lawless, Deputy Assistant Secretary, Oversight and Investigations held a hearing entitled Asian and Pacific Affairs, Bureau of International Se- ‘‘The First Line of Defense: The Role of Financial In- curity Affairs, Department of Defense. stitutions in Detecting Financial Crimes.’’ Testimony was heard from William J. Fox, Director, Financial OVERSIGHT—USA PATRIOT ACT Crimes Enforcement Network, Department of the IMPLEMENTATION Treasury; Michael Morehart, Director, Terrorist Fi- Committee on the Judiciary: Subcommittee on Crime, nancing Operations Section, FBI, Department of Jus- Terrorism, and Homeland Security held an oversight tice; and public witnesses. hearing on the Implementation of the USA PA- TRIOT Act: Section 505 and 804. Section 505 of DRUG TESTING IN AMERICAN SPORTS; the Act Addresses National Security Letters; Section POSTAL SERVICE FACILITY NAMING 804 of the Act Addresses Jurisdiction Over Crimes Committee on Government Reform: Ordered reported the Committed at U.S. Facilities Abroad; and Material following bills: H.R. 2565, to reauthorize the Office Witness Provisions of the Criminal Code. Testimony of National Drug Control Policy Act and to estab- was heard from the following officials of the Depart- lish minimum drug testing standards for major pro- ment of Justice: Chuck Rosenberg, Chief of Staff to fessional sports leagues; and H.R. 2326, To des- Deputy Attorney General; and Matthew Berry, ignate the facility of the United States Postal Service Counselor to the Assistant Attorney General; and located at 614 West Old County Road in Belhaven, public witnesses. North Carolina, as the ‘‘Floyd Lupton Post Office.’’ OVERSIGHT—NATIONAL WILDLIFE FEDERAL STUDENT LOAN PROGRAM REFUGE SYSTEM Committee on Government Reform: Held a hearing enti- Committee on Resources: Subcommittee on Fisheries and tled ‘‘Federal Student Loan Program: Are They Oceans held an oversight hearing on Public Access Meeting the Needs of Students and Schools?’’ Testi- within the National Wildlife Refuge System. Testi- mony was heard from the following officials of the mony was heard from William Hartwig, Assistant Department of Education: Theresa S. Shaw, Chief Director, Refugees, U.S. Fish and Wildlife Service, Operating Officer, Federal Student Aid Office; and Department of the Interior; William S. Dudley, Im- John P. Higgins, Jr., Inspector General; and public mediate Past Director of Naval History, Department witnesses. of the Navy; and public witnesses.

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FREE TRADE—DOES CHINA ENACT Strengthening Social Security. Testimony was heard BARRIERS from Representatives Rangel, Shaw, Sam Johnson of Committee on Small Business: Subcommittee on Rural Texas, Lewis of Kentucky, Brady of Texas, Ryan of Enterprises, Agriculture and Technology and the Wisconsin, Weller, Kolbe, Boyd, Solis, Thompson of Subcommittee on Tax, Finance and Exports held a Mississippi, Conaway, Spratt, Gonzalez, Wasserman joint hearing on Does China Enact Barriers to Fair Schultz, Cleaver, Matsui, Jackson-Lee of Texas, and Trade? Testimony was heard from Steve Pinkos, Of- Fossella. fice of the Under Secretary and Director, U.S. Patent and Trade Office, Department of Commerce; and BRIEFING—GLOBAL UPDATES public witnesses. Permanent Select Committee on Intelligence: Met in execu- TAX-EXEMPT HOSPITAL SECTOR tive session to receive a Briefing on Global Updates. Committee on Ways and Means: Held a hearing on the Testimony was heard from departmental witnesses. Tax-Exempt Hospital Sector. Testimony was heard f from Mark W. Everson, Commissioner, IRS, Depart- ment of the Treasury; David M. Walker, Comp- COMMITTEE MEETINGS FOR FRIDAY, troller General, GAO; Mark McClellan, M.D., Ad- MAY 27, 2005 ministrator, Centers for Medicare and Medicaid Serv- (Committee meetings are open unless otherwise indicated) ices, Department of Health and Human Services; and public witnesses. Senate SOCIAL SECURITY—PROTECTING AND No meetings/hearings scheduled. STRENGTHENING Committee on Ways and Means: Subcommittee on So- House cial Security continued hearings on Protecting and No Committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, June 6 2 p.m., Tuesday, June 7

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Tuesday, June 7: To be announced. of the nomination of Janice R. Brown, of California, to be United States Circuit Judge for the District of Colum- bia Circuit.

Extensions of Remarks, as inserted in this issue

HOUSE Filner, Bob, Calif., E1103, E1104, E1106, E1107, E1108, Payne, Donald M., N.J., E1116 E1109 Porter, Jon C., Nev., E1123, E1123, E1131 Andrews, Robert E., N.J., E1112 Frelinghuysen, Rodney P., N.J., E1122, E1126, E1128 Rangel, Charles B., N.Y., E1122, E1125 Bean, Melissa L., Ill., E1123, E1127 Gillmor, Paul E., Ohio, E1116 Rogers, Mike, Ala., E1119 Beauprez, Bob, Colo., E1104, E1105 Green, Gene, Tex., E1113 Ros-Lehtinen, Ileana, Fla., E1103, E1104, E1106, E1107, Biggert, Judy, Ill., E1112 Hensarling, Jeb, Tex., E1127, E1127 E1108, E1109, E1110 Blackburn, Marsha, Tenn., E1103, E1105, E1106 Hooley, Darlene, Ore., E1109 Rothman, Steven R., N.J., E1118 Blumenauer, Earl, Ore., E1120 Hoyer, Steny H., Md., E1130 Boehner, John A., Ohio, E1123, E1127, E1128, E1130, Hulshof, Kenny C., Mo., E1110 Salazar, John T., Colo., E1114 E1132 Israel, Steve, N.Y., E1112 Sa´ nchez, Linda T., Calif., E1113 Burgess, Michael C., Tex., E1119 Jackson-Lee, Sheila, Tex., E1127, E1128 Serrano, Jose´ E., N.Y., E1111 Cardin, Benjamin L., Md., E1115, E1129 Jefferson, William J., La., E1117 Shays, Christopher, Conn., E1135 Chandler, Ben, Ky., E1108 Knollenberg, Joe, Mich., E1116 Shimkus, John, Ill., E1110 Chocola, Chris, Ind., E1112 Kucinich, Dennis J., Ohio, E1120, E1131 Smith, Christopher H., N.J., E1121, E1124 Clay, Wm. Lacy, Mo., E1116 Lantos, Tom, Calif., E1133 Stark, Fortney Pete, Calif., E1111, E1115 Cleaver, Emanuel, Mo., E1117 Lee, Barbara, Calif., E1118 Tancredo, Thomas G., Colo., E1110 Conyers, John, Jr., Mich., E1118 Levin, Sander M., Mich., E1119 Tauscher, Ellen O., Calif., E1108 Cummings, Elijah E., Md., E1133 Lofgren, Zoe, Calif., E1119 Turner, Michael R., Ohio, E1112 DeLauro, Rosa L., Conn., E1133 Lowey, Nita M., N.Y., E1120 Udall, Mark, Colo., E1103, E1105, E1106 Diaz-Balart, Lincoln, Fla., E1120 Manzullo, Donald A., Ill., E1109 Dreier, David, Calif., E1129 Mica, John L., Fla., E1134 Upton, Fred, Mich., E1130 Emanuel, Rahm, Ill., E1114 Miller, George, Calif., E1114 Walden, Greg, Ore., E1129, E1130 Engel, Eliot L., N.Y., E1132 Moore, Gwen, Wisc., E1114 Waxman, Henry A., Calif., E1110 Etheridge, Bob, N.C., E1115 Nadler, Jerrold, N.Y., E1107, E1134 Westmoreland, Lynn A., Mac, Ga., E1135 Farr, Sam, Calif., E1104, E1106 Pallone, Frank, Jr., N.J., E1112 Wilson, Joe, S.C., E1115

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