December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27767 HOUSE OF REPRESENTATIVES—Thursday, December 8, 2005

The House met at 10 a.m. and was lic for which it stands, one nation under God, On May 1 of 2003, the President stood called to order by the Speaker pro tem- indivisible, with liberty and justice for all. on the deck of an aircraft carrier and pore (Mr. LAHOOD). f gave his ‘‘mission accomplished’’ f ANNOUNCEMENT BY THE SPEAKER speech. Last week he gave his ‘‘secret PRO TEMPORE plan for victory’’ speech. Yesterday, he DESIGNATION OF THE SPEAKER gave his ‘‘making progress’’ speech. PRO TEMPORE The SPEAKER pro tempore. The I think I know the problem here. The SPEAKER pro tempore laid be- Chair will entertain up to 10 one- Whoever has been writing the Presi- fore the House the following commu- minute speeches on each side. dent’s speeches owes him an apology. nication from the Speaker: f They badly mixed up the sequence over WASHINGTON, DC, AMERICA’S SUCCESSFUL ECONOMY the last few years. First, he was to give December 8, 2005. his ‘‘plan for victory’’ speech, then he (Ms. FOXX asked and was given per- I hereby appoint the Honorable RAY was to give his ‘‘making progress’’ mission to address the House for 1 LAHOOD to act as Speaker pro tempore on speech, then he was to give his ‘‘mis- minute and to revise and extend her re- this day. sion accomplished’’ speech. J. DENNIS HASTERT, marks.) I have here a copy of his ‘‘get out of Speaker of the House of Representatives. Ms. FOXX. Mr. Speaker, the latest Iraq’’ speech. f economic numbers show that the Re- publicans’ pro-growth economic poli- f PRAYER cies are working. In November, the CONGRATULATING ST. XAVIER The Chaplain, the Reverend Daniel P. U.S. Consumer Confidence Index rose HIGH SCHOOL Coughlin, offered the following prayer: almost 15 points from the previous (Mr. CHABOT asked and was given Lord God of prophets and saints, ever month, which bodes well as we enter permission to address the House for 1 attentive to Your people, hear the the holiday shopping season. minute.) prayers of this Nation and bless the The White House has projected that Mr. CHABOT. Mr. Speaker, today I United States of America, all its citi- the economy would record a growth have the honor of congratulating Cin- zens, all those who work in the three rate of 3.5 percent for 2005. In addition, cinnati’s St. Xavier High School, one of branches of government and all who the number of Americans filing first- Ohio’s most athletically successful and serve in the military. time job claims fell to a new 7-month academically accomplished institu- Upon the dome which augments this low, and the unemployment rate is tions on its first Ohio High School Di- building, Lord, there stands in classical holding steady at 5 percent. vision I State football championship. feminine style a bronze Statue of Free- Finally, nearly 4.5 million jobs have St. X defeated powerful Massillon dom. She is dressed in flowing drapery been added in the last 21⁄2 years. This Washington 24–17 in the final game, symbolic of the outpouring of plenitude encouraging economic news dem- Massillon having previously won 22 which You have showered upon this onstrates that the Republican plan of State football championships. My wife, land. Her headdress of eagle feathers low taxes and restrained Federal spend- Donna, and I had the good fortune to pays tribute to our Native roots and ing is a winning combination. attend many of St. X’s games this year crowned by stars bearing witness to Last month, we passed the Deficit and last year since our son, Randy, is the flag and the heavens. Reduction Act, which is a plan to help in the band. She is Your creation, a beacon of reform government and yield savings St. X was great. They went 15–0 this hope and symbol to all who search in for American taxpayers. Democrats, on year. USA Today in their national poll their souls for the lasting freedom You the other hand, continue to push their ranked them number nine in the whole offer all Your beloved children. May we tax-and-spend policies, a plan which is country. I think they should have been hear again today Your clear and assur- neither good for the family checkbook number one. ing message saying to the heart of this nor the American economy. Even more impressive, this is St. X’s Nation, ‘‘I alone am the Lord’’ and Republicans will continue to push for 36th State title in all sports, the most ‘‘The Lord is with you.’’ Amen. pro-growth policies to ensure that all of any high school in the State. I am f Americans can realize the American proud to say that this is the fourth Dream. THE JOURNAL consecutive year that Ohio’s Division I f football champs are from my congres- The SPEAKER pro tempore. The sional district. St. X joins Colerain and Chair has examined the Journal of the PRESIDENT BUSH’S SPEECHES ARE OUT OF ORDER Elder high schools in making that pos- last day’s proceedings and announces sible. to the House his approval thereof. (Mr. KUCINICH asked and was given Congratulations to Coach Steve Pursuant to clause 1, rule I, the Jour- permission to address the House for 1 Specht, his staff, the players, parents, nal stands approved. minute.) alumni, fans, and of course the band. f Mr. KUCINICH. Yesterday, the Presi- You were amazing. Go Bombers. dent gave his progress in Iraq speech. f PLEDGE OF ALLEGIANCE However, in Najaf, security is not being The SPEAKER pro tempore. Will the provided by the U.S.-trained Iraqi SUCCESS OF CLARK COUNTY’S gentleman from Washington (Mr. troops, but by the militia of radical INTER-SERVICE WALK AND BAIRD) come forward and lead the Shiite Muslim Muqtada Al-Sadr. KNOCK FOOD DRIVE House in the Pledge of Allegiance. In Mosul, the President said 50 per- (Mr. BAIRD asked and was given per- Mr. BAIRD led the Pledge of Alle- cent of the people voted. But 56 percent mission to address the House for 1 giance as follows: of those who voted, voted against the minute.) I pledge allegiance to the Flag of the constitution that the Bush administra- Mr. BAIRD. Mr. Speaker, on Satur- United States of America, and to the Repub- tion was promoting. day December 3, I was proud to join

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.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27768 CONGRESSIONAL RECORD—HOUSE December 8, 2005 more than 4,350 volunteers to conduct count for a changing marketplace and Mr. Dean may not believe that our the largest single-day food drive in the does not result in the most benefit for troops are up to the task in Iraq, but I State of Washington. workers. and the overwhelming majority of my Throughout Clark County, Wash- Today, a retirement plan must be as colleagues do. It is important our ington, members of social service clubs dynamic as our society. Flexibility for troops understand that. Our troops and volunteers from all walks of the employers and employees is impera- have freed 26 million Iraqis from the life gathered at 31 staging areas to can- tive, and the Pension Protection Act is grip of a brutal and murderous dic- vass the entire county. I was pleased to a step in the right direction; and Con- tator, set the stage for democratic join a young group of Brownies as we gress should pass it this year. elections in a country where this was went door to door. I urge my colleagues, Republicans once thought impossible. By 4 p.m. we had collected more than and Democrats, to step up and help Make no mistake, if the war against 114 tons of food at an approximate provide this needed reform now. Ameri- terrorism is lost, it will not be lost by value of $365,000. Collections will now cans expect us to solve difficult prob- our magnificent troops on the battle- continue through December 9, bringing lems, and pension protection is one field. It will be lost right here at home the total to an expected 130 tons. In the that requires and deserves our atten- by politicians who lose their resolve. 21-year history, Clark County Walk tion. f and Knock has collected more than 4.9 f million pounds of food valued at $6 mil- AMERICA’S ECONOMY IS IN THE CRISIS IN DARFUR lion. TROUBLE Walk and Knock is 100 percent volun- (Mr. BLUMENAUER asked and was (Ms. SCHAKOWSKY asked and was teer, and 100 percent of any money do- given permission to address the House given permission to address the House nated by the public is used for the ex- for 1 minute.) for 1 minute.) clusive use of purchasing additional Mr. BLUMENAUER. Mr. Speaker, it Ms. SCHAKOWSKY. Mr. Speaker, the food. Organizers included members of is not often that we get everybody here President would have us believe that the local Lions, Kiwanis, Rotary, Opti- in Congress to agree. But we do agree all is well with our economy. But the mist and Sertoma clubs, as well as that Darfur’s continuing nightmare is American people know better. Despite members of the Clark County Amateur genocide. We have labeled it as such. finally receiving some good economic Radio Club and the Boy Scouts and We have all condemned it. The problem news, middle-class families in this Girl Scouts of America. is we are not acting to stop it. country continue to fall behind as in- Local businesses donated valuable re- The foreign ops appropriations comes remain flat or drop. sources, and together we produced an inexplicably dropped $50 million in con- Gas prices fluctuate, health care incredible success. I am proud of the ference that would have gone to sup- costs soar, and home heating costs sky- commitment of southwest Washing- port peacekeepers from the African rocket. Americans this week are pay- ton’s citizens, and urge my colleagues Union. We often use this opportunity ing nearly 70 cents more per gallon on to support their local food banks. here today to talk to the American gas now than in the first year that The organizers of Walk and Knock are people. President Bush came to office. members of local Lions, Kiwanis, Rotary, Opti- Well, today I am talking to the 8,000 According to the National Energy mist, and Sertoma clubs, members of the men and women on Capitol Hill who Assistance Directors Association, the Clark County Amateur Radio Club, and the make things happen in Congress. Do average family using heating oil or Boy Scouts and Girl Scouts of America. Addi- not go home unless you ask what your natural gas will pay nearly three times tional donated services were provided by office, your committee, your boss, your the amount families paid the first win- Longshoremen Union Local 4, The Columbian Member of Congress is going to do to ter President Bush was in office. newspaper, and Burgerville USA. Supportive stop the murder, the rape, the destruc- For the past 5 years, health care funding was provided by Riverview Community tion and the violence. costs have increased by nearly 60 per- Bank, all of the Clark County Les Schwab Tire At the very least, work to restore the cent, driving up the number of unin- Centers, Fred Meyer, Weyerhaeuser, US $50 million in the defense appropria- sured by 6 million since the beginning Bank, Columbia Credit Union, and British tions so that 7,700 African Union peace of the Bush administration. Under Pretroleum. keepers can be on the job. 7,700 people President Bush, college tuition has f for an area the size of Texas does not gone up about 40 percent, even taking sound like too much. It is the least we inflation into account. AMERICA NEEDS PENSION can do as we enter the holiday season. Meanwhile, real household income REFORM NOW f fell for the fourth year in a row in 2004. (Mr. PRICE of Georgia asked and was Together, America can do better than HOWARD DEAN’S COMMENTS ON given permission to address the House an economy in which middle-class fam- IRAQ for 1 minute.) ilies are seeing falling incomes in the Mr. PRICE of Georgia. Mr. Speaker, (Mr. PITTS asked and was given per- face of rising prices. The American traditional pension plans, once the leg- mission to address the House for 1 people know it and so should the Presi- acy of a lifetime of work, are crum- minute and to revise and extend his re- dent. bling. And with time running short on marks.) f our legislative year, action by Congress Mr. PITTS. Mr. Speaker, Democratic is necessary to protect the retirement Party chairman Howard Dean has BORDER SECURITY AND of hardworking Americans. taken his party’s irresponsible rhetoric PASSPORTS Large and small businesses need about our involvement in Iraq to a new (Mr. POE asked and was given per- changes to current law in order to have low. In an interview earlier this week mission to address the House for 1 greater flexibility to help their em- Mr. Dean said, ‘‘The idea that we are minute.) ployees plan for their financial secu- going to win the war in Iraq is an idea Mr. POE. Mr. Speaker, the 9/11 Com- rity. Recently, Verizon Communica- which is just plain wrong.’’ mission report concluded: ‘‘Americans tions, a large, vibrant company, froze Dean’s take on Iraq makes even less should not be exempt from carrying its pension plan for 50,000 employees. sense than his scream in Iowa. What passports when they enter the United These defined benefit plans have not does Mr. Dean think it does for the mo- States, nor should Canadians or Mexi- adapted to the times. rale of our troops on the ground in Iraq cans. The 9/11 experience shows that They have used the same formula when they hear the leader of one of terrorists study and exploit America’s since their inception, number of years their Nation’s two major political par- vulnerabilities.’’ worked multiplied by a certain amount ties say that he does not believe that Exempting anyone from carrying a of money. This formula does not ac- they can get the job done. passport when crossing into the United

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27769 States is blatantly ignoring the com- More than 300 parties and coalitions to ensure that the American people, mission’s suggestions and is posing yet are registered for this election, and not the Federal Government, have con- another serious vulnerability in our even those who opposed the October trol over their hard-earned money. country’s border security. constitutional referendum have orga- In conclusion, God bless our troops, Neither Mexican nor Canadian visi- nized for this vote. we will never forget September 11, and tors are required to show a passport to In his speech last week, President the lifetime of service of the late Gov- enter the United States, despite the Bush mentioned Marine Corporal Jef- ernor Carroll Campbell. fact that they rank number one and frey Starr who died fighting in Iraq. In f number four respectively as the largest a letter found after his death he wrote, ECONOMY NOTHING TO BRAG sources of illegal immigration in the ‘‘I don’t regret going, everybody dies, ABOUT United States. Small wonder the gov- but few get to do it for something as ernments of those nations oppose pass- important as freedom. It may seem (Mrs. MCCARTHY asked and was ports to enter America. confusing why we are in Iraq, it’s not given permission to address the House We need to do what is best for the for me. I’m here helping these people, for 1 minute and to revise and extend United States, not what is best for so they can live the way we live.’’ her remarks.) Canada or Mexico. The 9/11 Commission Mr. Speaker, it is because of soldiers Mrs. MCCARTHY. Mr. Speaker, when stated that the United States is still at like Corporal Starr that Iraqis will one I am here in Washington I hear the ad- risk by not requiring passports to enter day live like we live, under freedom ministration and the House majority this country. Our border is seriously and democracy. brag about how great our economy is, vulnerable. What is it going to take for f but when I go home to Long Island, I us to figure this out? hear a different story. SWEET TRADE Congress must make serious changes My constituents know the state of in our immigration policy before we (Mr. DEFAZIO asked and was given our economy is nothing to brag about. lose the sovereignty of this Nation and permission to address the House for 1 Prices at the pump are still alarmingly become a Nation illegally colonized by minute and to revise and extend his re- high. Home heating costs are sky- other nations. That’s just the way it is. marks.) rocketing. Corporations have stopped Mr. DEFAZIO. Mr. Speaker, well, just paying into their employees’ pension f in time for the holidays, the Repub- plans. Taxes on student loans have in- AMERICA’S WEAK ECONOMY licans have prepared a bevy of treats creased. Despite rising health care (Mrs. MALONEY asked and was given known as tax cuts favoring those who costs, Medicaid faces deep and painful permission to address the House for 1 earn over $300,000 a year. One of the cuts; and American companies are clos- minute.) most delectable is a 60 percent tax cut ing plants and cutting jobs. In fact, al- Mrs. MALONEY. Mr. Speaker, data in the tax on stock dividends for mil- most 3 million manufacturing jobs released this Monday on productivity lionaires. It costs $13 billion in revenue have been lost since the administration and wages show why the American peo- foregone, unfortunately. But with new took office. ple do not believe President Bush when found concern about the deficit, the The American people deserve better he says our economic prospects are as Republicans are going to pay for that than lip service. The American people bright as they have been for a long tax cut for the millionaires by raising need an administration in Congress time. fees and interest rates on students who that will put their concerns first. We Yes, productivity is strong, and the are struggling to get an education. have seen over the last couple of years economy is growing. But the benefits What a sweet trade. More tax cuts for certainly the middle income families, of that growth are showing up in the billionaires as they trickle down on the which is the great portion of this great bottom lines of companies, not in the students who are struggling to live the country, suffering. It is time that we paychecks of the American worker. American dream. look at them, help them and do a bet- While productivity grew at a 4.7 per- f ter job. America can do better. cent annual rate in the third quarter, AMERICAN ECONOMY FLOURISHES f workers’ pay, including their benefits, DON DEGARMO shrank at a 1.4 percent rate. Americans (Mr. WILSON of South Carolina are working harder and harder and pro- asked and was given permission to ad- (Mr. GARRETT of New Jersey asked ducing more and more, but they are dress the House for 1 minute and to re- and was given permission to address getting paid less. This is not a bright vise and extend his remarks.) the House for 1 minute and to revise economy. Mr. WILSON of South Carolina. Mr. and extend his remarks.) Speaker, workers throughout our coun- Mr. GARRETT of New Jersey. Mr. f try have over 4.25 million reasons to Speaker, I rise today to recognize the b 1015 agree that the American economy con- outstanding achievements of Don tinues to improve under Republican DeGarmo, a senior at Newton High ANOTHER IRAQI MILESTONE leadership. School. Mr. DeGarmo has received the (Mr. SHIMKUS asked and was given Since President Bush signed the Jobs General Spaatz Award. That is the permission to address the House for 1 and Growth Act of 2003, the news about Civil Air Patrol’s highest cadet honor. minute and to revise and extend his re- the economy has been overwhelmingly In only 4 years, he has demonstrated marks.) positive. 4.5 million new jobs have been excellence in leadership, character, fit- Mr. SHIMKUS. Mr. Speaker, I wanted created. The unemployment rate is ness, and aerospace education. to thank the Latvian government for lower than the average of the past On average only two cadets in 1,000 extending their troop commitment to three decades. The economy grew at 4.3 ever receive this reward; and in over 40 Iraq for another year. Last January, 8.5 percent over the past 10 quarters. Tax years, only about 1,500 cadets have ever million Iraqis voted. Last October, receipts increased by $274 billion in received it. I am confident that Mr. more than 10 million voted. In both of just one year after the tax cuts, the DeGarmo will continue to fulfill the these elections, the Iraqi people re- largest increase ever due to economic Civil Air Patrol’s mission, which is to fused to be cowed by terrorist threats. growth. serve America by performing Home- A week from today, Iraqis will, once As the Republican Congress con- land Security and humanitarian mis- again, defy terrorists and go to the tinues to pass legislation that will de- sions for our communities, States, and polls a third time this year. They will crease the tax burden upon American Nation. choose their first 4-year parliament workers and eliminate excessive gov- Upon graduation, Mr. DeGarmo plans since Saddam Hussein was removed ernment regulations, our economy will to enter the U.S. Air Force and con- from power. continue to flourish. We will work hard tinue his commitment to protecting

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27770 CONGRESSIONAL RECORD—HOUSE December 8, 2005 our values and our freedoms. We owe a created. And today this body is going enter into the current debate on the great deal of debt to young men such to take action on H.R. 4297, which al- very eve of the Iraqi election, the most as he who will protect and preserve the ready extends tax relief for millions of important election in the history of United States of America. At his young American families. that country. age, he is already becoming a role There is a provision, sales tax de- Our words should be words of encour- model for future generations, and I ductibility for States. Sales tax de- agement. Our words should lend sup- come here today to commend him for ductibility for individuals who, when port to this important election. Words his exceptional career. they go to file their Federal income tax do have meaning and ideas have con- f every April, they can deduct the sales sequences. At this critical time, our tax they pay every year from that Fed- words should support the Iraqi people, CORRUPTION eral income tax filing. This affects over our soldiers and the process. (Ms. DELAURO asked and was given 60 million individuals, hardworking In Ecclesiastes it is written, ‘‘There permission to address the House for 1 Americans. We are going to give them is a time for everything.’’ The critics minute and to revise and extend her re- tax relief today. are using the wrong words to express marks.) I encourage all Members of this body the wrong idea at the wrong time. Ms. DELAURO. Mr. Speaker, as the to support H.R. 4297. f Republican leadership spends more f time in the courthouse than the Peo- RISING HOME HEATING COSTS POLITICAL CRONIES IGNORE THE ple’s House doing the people’s business, (Mr. EMANUEL asked and was given LAW TO INCREASE REPUBLICAN defending itself from charges of brib- permission to address the House for 1 POWER IN WASHINGTON ery, tax evasion and money laundering, minute and to revise and extend his re- the President is traveling the country (Mr. MCDERMOTT asked and was marks.) telling the American people how in- given permission to address the House Mr. EMANUEL. Mr. Speaker, right credible this economy is. for 1 minute and to revise and extend now it is 25 degrees near Washington, Yet, survey after survey shows the his remarks.) DC. It is 22 degrees in my home in Chi- American people do not agree with Mr. MCDERMOTT. Mr. Speaker, the cago. It is 3 degrees in Denver and a him. This despite the fact that the Bush administration is scaling new chilly 19 degrees in Dallas. As the song economy grew 4.2 percent last year. It heights in political cronyism. Not long goes, ‘‘Baby, it’s cold outside.’’ is the best statistical performance ago, America cringed watching on TV But for millions of Americans this since 1999. Why? Well, in part because as a presidential buddy could only cold snap is just the beginning of a very little of this growth is impacting manage to create a disaster, not re- long cold winter. Why? Because while them. 5.4 million more Americans live spond to one in the Gulf Coast. But the mercury drops outside, inside home in poverty than they did before Presi- now we are finding out that political heating bills are getting a little too dent Bush came into office. Six million cronies ignored the voting rights of Af- hot to handle. In fact, on Tuesday the more Americans are without health in- rican Americans and Hispanic Ameri- Energy Department reported that the surance, and the average income fell cans in Texas. average homeowner’s home heating bill for the fifth year in a row last year. The Washington Post uncovered a 73- will increase by nearly 26 percent, the The administration’s stock expla- page report that says that the Texas largest increase in 5 years. Those who nation for this is always the same, redistricting plan illegally diluted heat their homes with natural gas, ‘‘September 11. We are at war.’’ black and Hispanic voting in two of the nearly half of all Americans, can ex- Well, being at war has not stopped State’s congressional districts. The re- pect their home heating bills to in- corporate profits from soaring more port received the unanimous support of crease by 38 percent; but taxpayers and than 50 percent since 2001. And when eight Justice Department career em- seniors cannot expect any help from you have Members of Congress pleading ployees, but the Republican political this Congress. guilty to having accepted bribes from cronies ignored it. In fact, the Republican Congress is defense contractors, ongoing investiga- One Justice Department attorney cutting, cutting home heating assist- tions into lawmakers’ agreeing to per- told the Post it was ‘‘highly unusual’’ ance to our elderly; and the energy bill form official acts in return for lavish for political appointees to overrule the we passed this summer will do nothing golf trips, expensive dinners and cam- unanimous findings such as this. But to lower the cost of energy or gas at paign contributions, it is easy to un- this is business as usual for the Presi- the pump, in fact, despite having hand- derstand why corporations are doing so dent’s political appointees. Just ask ed out $14.5 billion to the energy com- well. the people of Louisiana, Mississippi, panies in taxpayer subsidies. Mr. Speaker, it is time to put the and now Texas. Mr. Speaker, these are the wrong pri- needs of families before the special in- It is time for the Republican cronies orities. You cannot hand out money to terests of lobbyists. to go and let the people’s votes count. energy companies while cutting assist- f f ance to seniors. It is time to return the TAX RELIEF FOR AMERICANS A TIME FOR EVERYTHING people’s House to the American people. It is time for a change. TODAY (Mr. SODREL asked and was given (Mrs. BLACKBURN asked and was permission to address the House for 1 f given permission to address the House minute and to revise and extend his re- TAX RELIEF EXTENSION for 1 minute and to revise and extend marks.) RECONCILIATION ACT OF 2005 her remarks.) Mr. SODREL. Mr. Speaker, I rise Mr. PUTNAM. Mr. Speaker, by direc- Mrs. BLACKBURN. Mr. Speaker, you today to respond to the critics of our tion of the Committee on Rules, I call know, you can choose to be negative. Iraqi policy. No one questions their up House Resolution 588 and ask for its You can choose to be positive. And right to criticize our commitment to immediate consideration. with this economy and this great Na- the Iraqi people or the rate of progress The Clerk read the resolution, as fol- tion there is a lot to be positive about. being made. It is not their right I ques- lows: Everybody is writing about it. Even tion but rather their responsibility. H. RES. 588 the good old Washington Post talking For every liberty there is a responsi- about we are going to move to cut bility, and for every freedom a duty. Resolved, That upon the adoption of this resolution it shall be in order without inter- taxes another $94.5 billion. That is one I just returned from Iraq. Much vention of any point of order to consider in of the things that makes this economy progress is being made towards a stable the House the bill (H.R. 4297) to provide for work. It is why we are seeing record Iraq and a democratically-elected gov- reconciliation pursuant to section 201(b) of economic growth. Over 4 million jobs ernment. It is to me irresponsible to the concurrent resolution on the budget for

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27771 fiscal year 2006. The bill shall be considered expire. Without passage of this legisla- after adding 44,000 in October and 17,000 as read. The amendment in the nature of a tion, workers, families, and small busi- in September in the wake of dev- substitute recommended by the Committee nesses will have less of their paycheck astating hurricanes. on Ways and Means now printed in the bill The jobless rate remains unchanged shall be considered as adopted. The previous to take home each week. question shall be considered as ordered on Mr. Speaker, H.R. 4297, the Tax Re- at 5 percent. The economy grew at an the bill, as amended, to final passage with- lief Extension Reconciliation Act, not annual rate of 4.3 percent in the third out intervening motion except: (1) one hour the most eloquent of names but an im- quarter, much stronger than expected. of debate on the bill, as amended, equally di- portant one, will continue to build on Forecasters’ outlooks for coming vided and controlled by the chairman and the economic progress we have already months are upbeat as well. November’s ranking minority member of the Committee made. increase in payroll, the largest since on Ways and Means; (2) the amendment in A key part of the American Jobs Cre- July, was broad-based. Construction the nature of a substitute printed in the re- ation Act of 2004 was a return to fair- employment rose by 37,000. Employ- port of the Committee on Rules accom- ment in professional and technical panying this resolution, if offered by Rep- ness for those who live, work, and raise resentative Rangel of New York or his des- families in States with no State in- services rose by 22,000. Health care em- ignee, which shall be in order without inter- come tax. The State and local sales tax ployment rose by 20,000 jobs. Manufac- vention of any point of order, shall be con- deduction is particularly important to turers added 11,000 jobs last month fol- sidered as read, and shall be separately de- those in my home State of Florida and lowing an increase of 15,000 in October. batable for one hour equally divided and con- nine other States because it gives The most recent Commerce Depart- trolled by the proponent and an opponent; every taxpayer the opportunity to de- ment report shows overall consumer and (3) one motion to recommit with or spending increased at a 4.2 percent an- without instructions. duct State sales tax from his Federal tax bill, something that other higher- nual rate, exceeding expectations. Pur- b 1030 tax States have enjoyed for some time. chases of nondurable goods surged 3.6 percent, exceeding expectations. Hous- The SPEAKER pro tempore (Mr. This provision is set to expire in 3 weeks. While I will continue to work to ing spending came in at 8.4 percent. LAHOOD). The gentleman from Florida Business investment spending rose at (Mr. PUTNAM) is recognized for 1 hour. make the State and local sales tax de- duction permanent, this bill extends 8.8 percent, exceeding expectations. Mr. PUTNAM. Mr. Speaker, for the Obviously, the current tax policy of the provision for an additional year, purpose of debate only, I yield the cus- this Congress has encouraged economic which is an important step forward for tomary 30 minutes to the gentlewoman growth, and to raise taxes now would fairness. from Rochester, New York (Ms. close the door of opportunity that is The bill also extends several tax in- SLAUGHTER), pending which I yield my- open for so many today. self such time as I may consume. Dur- centives to enhance the affordability of Mr. Speaker, this rule provides for ing consideration of this resolution, all higher education, including tax-de- consideration of a substitute bill. time yielded is for the purpose of de- ferred education savings accounts and While we often hear Democrats decry bate only. tax credits for post-secondary edu- tax relief, they have decided to offer a Mr. Speaker, in April Congress cation. It allows all taxpayers to de- substitute that extends many of the passed a responsible budget that called duct up to $4,000 of higher education same tax provisions as this underlying for spending restraint, reduction of the expenses, which will help more stu- bill does, but let us look at who they deficit; and by slowing the unsustain- dents go to college. left out. able and automatic growth of manda- For teachers, the tax bill extends an The Democratic substitute does not tory spending programs and extending important above-the-line deduction to extend an income tax credit for low-in- tax relief to families and small busi- help them contain the costs of out-of- come families who contribute to indi- nesses, we have successfully accom- pocket classroom expenses such as vidual retirement accounts, IRAs, and plished the first two. Now, this rule books, supplies, and computer equip- pension plans. This hurts low-income will provide for consideration of our ment. We all know that our hard- families who are struggling to save for final commitment to American tax- working educators are covering for retirement, people who are doing the payers, extending numerous important some of our neediest students, and this right things to prepare for their future tax relief provisions. bill lets them keep the tax deduct- rather than solely depending on the In 2001, 2003 and 2004, Congress en- ibility of their generosity. government to do it for them. acted responsible tax relief to help cre- In an effort to encourage savings and The Democratic substitute does not ate new jobs, grow America’s economy, stable retirement security, this tax bill extend enhanced small business depre- and put more money in the hands of allows lower-income families that con- ciation expensing, so it increases taxes workers, families, small businesses, tribute to individual retirement ac- on small businesses, the very engines farms, and ranches. Following this tax counts and pension plans to continue of innovation and growth and employ- relief, unemployment dropped a full receiving a Federal match in the form ment in this country. percentage point to 5 percent, and we of an income tax credit for the first The Democratic substitute does not have experienced 10 uninterrupted $2,000 of annual contributions. This en- include an extension of the reduced quarters of real growth in our econ- courages families to save and plan for rates on capital gains and dividends. omy, above 3 percent, the longest their own retirement. While we were Without this extension, 24 million fam- stretch since the 1980s. As was proven unable as a body to settle on a Social ilies will see a tax increase, including 7 by the tax cuts during the Kennedy and Security reform plan, surely we can all million seniors who have benefited an Reagan administrations, Federal reve- agree that encouraging low-income average of $1,200 annually from that nues actually increase after taxes are families to save for retirement and giv- change. At a time when concern is lowered. ing them the tools to do so is a sound growing about foreign investment in Our expanding economy is led by con- economic policy. the United States, the Democratic sub- sumer spending, job growth, and busi- Our bill freezes the rate on capital stitute throws up barriers to Ameri- ness investment. This is a result of al- gains and dividends and prevents an in- cans investing in America. lowing workers to keep more of their crease of the tax burden on 24 million The Democratic substitute does in- hard-earned money, decreasing the tax families. It is imperative that we ex- clude a tax increase on families and burden on small businesses so they can tend this tax relief so our economy will small businesses to pay for the bill. expand and hire more workers, and pro- continue on its upward track. Many of these individuals are small viding incentives for families to save New data released at the start of De- businesses who do much of the hiring and invest. cember show that our economy con- and buying in this economy. Unless we take action today, many of tinues to strengthen and grow. The The Democratic substitute bill leaves the important tax provisions that have Labor Department reported that em- behind small businesses, omits low-in- helped our economy grow strong will ployers added 215,000 jobs in November, come savers, and hurts families and

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27772 CONGRESSIONAL RECORD—HOUSE December 8, 2005 seniors. At a time when home heating privilege, the work of a corrupt and in- It is time for a new direction. To- bills are rising and local property taxes efficient government, all while talking gether, America can do better than are growing, why would the Demo- about tough choices and cutting gov- what this leadership is proposing here cratic substitute take even more from ernment waste; but their rhetoric does today. the wallets and purses and piggy banks not add up. I urge my colleagues to defeat this of the American taxpayer? If they were serious about making bill and defeat this rule. Mr. Speaker, the Republican tax re- government work better, they would Mr. Speaker, I reserve the balance of forms of 2001, 2003 and 2004 have created fulfill their responsibility to conduct my time. jobs, strengthened our economy, and proper congressional oversight and en- Mr. PUTNAM. Mr. Speaker, I yield 3 increased Federal revenues in the proc- sure that the money we do spend is minutes to the gentleman from Geor- ess. They quantifiably aided in short- spent efficiently. gia (Mr. GINGREY). ening and curtailing the severity of the They would look for the $9 billion Mr. GINGREY. Mr. Speaker, I would recession of 2000 and 2001. They buoyed misplaced during Iraq reconstruction, like to thank my friend and colleague the economy through major terrorist and we have tried time and time again on the Rules Committee for allowing attacks, devastating natural disasters, to have amendments approved that me this opportunity to speak on behalf and a global war on terrorism. Now is would do just that. Now, the loss of $9 of this rule and the underlying bill, not the time to increase taxes on the billion in Iraq is what I call govern- H.R. 4297, the Tax Relief Extension American people. Failure to pass this ment waste, but there is not a court in Reconciliation Act. bill would result in higher taxes on this country which could find Repub- Today, each and every Member of seniors, savers, small businesses, and licans guilty of enforcing account- this House is taking a test before the farmers. We must continue the policies ability in government. There would not American people. This test has one that grow our economy and keep our be the evidence to convict them. In- question, and simply enough, it is even tax bills from rising. stead, they cut social services for the multiple choice. The question is: Who I urge my colleagues to support this needy and send the savings to the rich. do you trust more to spend your hard- resolution and the underlying bill, the Have tax cuts for the rich become the earned money? Is it, A, the Federal Tax Relief Extension Reconciliation sole agenda of the majority party? Government and its bloated bureauc- Act. Sadly, in the face of numerous chal- racy; or is it, B, the American people? Mr. Speaker, I reserve the balance of lenges from both abroad and home, this Well, Mr. Speaker, the correct answer, my time. increasingly seems to be the case. obviously, is, B, the American people. Ms. SLAUGHTER. Mr. Speaker, I Their solution to rehabilitating the b 1045 yield myself such time as I may con- lives of those devastated by natural sume. disasters? Cut taxes for the rich. Their However, those who vote against this Mr. Speaker, just 2 weeks ago, the solution to curbing an out-of-control rule and vote against this tax relief bill majority forced a budget vote by two national debt? Cut taxes for the rich. are choosing to trust the Federal Gov- votes to cut $50 billion from education, My friends on the other side of the ernment and its bloated bureaucracy from health care, from foster care, aisle talk about the agenda of reform, over the people who pay the taxes and child support, and a host of other vital but they have controlled the Congress are the engine of a job-creating econ- programs. They claimed that they were for over 10 years, and now they are the omy. simply eliminating waste and pro- status quo. As much as they may want Now, Mr. Speaker, the opponents of moting fiscal responsibility and, most to say they are the solution, we know this tax relief will try to obscure and importantly, curbing our national that they have become the problem. confuse this debate by mischaracteriz- debt. If they were committed to solutions, ing this House’s previous vote on budg- But today, they want us to agree to they would not funnel money to the et reform and reduction with claims of, a tax cut for $56 billion. If we take rich while they leave the working mid- and I have already heard it, robbing away the $50 billion in the budget tax dle class to fend for themselves, all the poor to pay the rich. Well, Mr. cuts, but we add $56 billion in tax give- while cutting education and health Speaker, these claims are simply un- aways, we end up with more debt, not care programs and adding billions to true. less. In fact, we end up adding $6 billion the massive debt that is crushing this In fact, today’s reconciliation pack- to the largest deficit in our country’s Nation. Let me point out that the age includes extensions of tax incen- history, the one created by this Repub- 400,000 persons who lost their food tives that provide work for many low- lican Congress. stamps in the budget cuts and over income Americans, such as the Welfare Now, if reducing the deficit is not a 300,000 children who lost their break- to Work Tax Credit and the Work Op- priority, what has made the majority’s fast programs, that money is being portunity Tax Credit that encourages agenda? How we control the purse used today to finance these tax cuts. businesses to hire and pay people and strings in our hands reveals who we The pursuit of such an agenda vio- families on public assistance, high-risk work for. Of the proposed $56 billion in lates the trust our constituents have youths, qualified veterans, and people cuts, 50 percent, that is, $28 billion, invested in their elected representa- who receive food stamps. will go to the superrich, those among tives, and it is an abdication of the So a vote against this tax relief pack- us who need it the least. This bill is for most fundamental responsibilities of age is tantamount to a vote for an them, the men and women among us this Congress. economy under which it is acceptable who earn more than $1 million a year, America can be better than this. We and even preferred to give the poorest a mere fraction of 1 percent of Ameri- can do better than selling out the vast individuals only one option, govern- cans. majority of our citizens so that Con- ment dependency, a dependency that At the same time, the middle class gress can give another tax cut to a tiny empowers bureaucrats and politicians will continue to be squeezed, while minority. We can do better than in- over people and places political power workers who make $40,000 or less, in creasing our staggering national debt before economic liberty and oppor- other words, those who need help the and calling it fiscal responsibility. tunity. most, will receive 1 percent of today’s This leadership has forgotten what Mr. Speaker, I would also like to add cuts. made America great. It has forgotten that since this tax relief package in- That is what this is about. Does the what made the 20th century the Amer- cludes mostly extensions of current tax Republican Party really think the ican century, which was investment in cuts and credits, a vote against this American people do not see what is the middle class, investment in soci- bill is a vote simply to raise taxes. No going on here? ety, investment in education, invest- ifs, ands, or buts, those who vote What this bill shows us today is that ment in opportunity, investment in the against this bill are voting in front of Republicans care about entrenching future, not investment in the rich. the American people to raise taxes.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27773 The opponents of this bill would raise like student financial aid, Medicaid, entitled to their own opinion but not taxes on middle-income Americans, health care to poor people, dumping their own facts. rich Americans, poor Americans, inves- that burden on the States; foster care, As I listened to the pathetic, and tors, savers, entrepreneurs, small busi- long-term care, the school lunch pro- that is really the only way you can de- ness owners, universities, veterans, and gram. Those little kids are just eating scribe it, the pathetic old class war- even people who are trying to clean up too much. They are chowing down. fare, us versus them argument, clean- the environment. All of these people They are going to help the obesity ing yachts and mowing lawns and all will receive a tax increase if this bill is problem on this side of the aisle by this stuff. The facts are 56.9 million not passed and signed into law. starving kids. American families, 56.9 million Amer- So, Mr. Speaker, each and every Now, what are we buying with those ican families, nearly 60 percent of Member of this House has an oppor- cuts? Well, the student loan cuts, they American families are members of the tunity today to go on record and tell say, oh, we are not cutting student investor class. The investor class, peo- the American people where they stand loans, we are just charging them more ple who have some kind of investment. on raising taxes and whether they trust for the loans. Right, you are not cut- And, Mr. Speaker, 30 percent, 30 per- the American people with their own ting student loans, you are just in- cent of the members of the investor money. creasing their debt burden. You are not class earn less than $50,000 a year. Now, In conclusion, I would like to encour- cutting the loans, you are just jacking those are the ultra rich we continue to age my colleagues to support this rule up the interest rate, charging them hear about who might benefit from job and the underlying tax relief extension twice as much to take out a loan, and creations. package for the sake of economic charging them a special new fee to get I will tell you that if you look at the growth and for the sake of the Amer- a very high fixed interest rate, some- arguments that were made, and I lis- ican taxpayer. thing they can get now for free at a tened to my good friend from Roch- Ms. SLAUGHTER. Mr. Speaker, I am lower rate. ester, Ms. SLAUGHTER, in her opening pleased to yield 4 minutes to the gen- But they are not whacking the stu- statement in which she talked about tleman from Oregon (Mr. DEFAZIO). dents too hard, only $14 billion. And investing in all these important things, Mr. DEFAZIO. It is extraordinary. If what do we get for that $14 billion? An of course we all want to invest in the you assert something that is not true, extension of the dividend tax cut. That future. But she said, do not invest in it is true on the floor of the House. is great. So now the wealthy will be the rich. Well, the fact of the matter is There is no truth test here. Cut taxes able to buy more yachts to float on the we are encouraging investment with for the rich, it will stimulate the econ- sea of red ink that the Republicans this because we want to do everything omy. Put the little people to work who have created. They will be able to hire we possibly can to make sure that will pay taxes for their job cutting the more help around the mansion. That is those people who are out there creating lawns or washing their yachts. That is trickle down economics. jobs have the incentive to do that. the argument we are hearing from that They talk about how great the econ- And we also need to look at long- side of the aisle. Trickle down econom- omy is doing. Here is a few facts. Un- term planning. People can stand up and ics works, they tell us. employment rate, yes, it is recently malign the dividend cuts and the cap- Unfortunately, that is not what most down, but it is up eight-tenths of a per- ital gains cuts, but I actually believe Americans find with their real incomes cent over when the Republican admin- we should have no tax on capital gains stalled out over the last 5 years. No, istration took charge. There is 1.6 mil- at all. It is a double tax and, frankly, trickle down economics does one sim- lion more unemployed workers than it discourages growth. ple thing: It rewards the benefactors of when George Bush took office. There is I will never forget a few years ago the Republican Party. the slowest private sector job growth visiting New Zealand, which is cer- Let us just look at one of the ele- of any administration since Herbert tainly a left of center government. The ments of the ‘‘not raising taxes today.’’ Hoover. He is doing better than Her- prime minister there, Prime Minister It would be let the tax cuts in divi- bert Hoover. That is great. The largest Clark, well, let us just say she is not dends on stocks. Now, I go to my town projected surpluses turned into the what you would call center right. But I meetings and I say, everybody who has largest projected deficits, with $4.2 tril- met with a number of people in New dividend paying stocks, raise your lion more debt in 2008. Zealand, and I raised with them the hand. And I have a lot of people coming Now, that is the grand success of prospect of establishing a capital gains. to my town meetings, but usually it is trickle down. And they come out here They have zero capital gains there. one, maybe two. And I think that is and assert baldly that giving tax cuts They said that they did a study in New pretty much the same across America. to rich people will not only stimulate Zealand and found that the mere estab- But the millionaires and, yeah, the bil- the economy, put people to work, but lishment of a capital gains tax would lionaires, they have a lot of dividend that it will reduce the deficit. Sure. be devastating to the economy of New paying stocks. In fact, their tax cuts You really believe that? I do not think Zealand. And all we are saying is we average $127,000, while the average fam- so. The American people do not believe should allow people for another couple ily averaged $800. it. of years to plan at a 15 percent capital Now, that is not even talking about What you are doing here is giving gains rate. the dividend tax. Let us talk about the very generous tax cuts to the people Mr. Speaker, we know, as we look at dividend tax. This bill will extend the who give you very generous campaign the arguments that were provided in cut in dividend taxes. Now, the Amer- contributions. 2001, 2002, 2003, that our wonderful col- ican Enterprise Institute, no liberal Mr. PUTNAM. Mr. Speaker, I am leagues on the other side of the aisle bastion there, they just issued a report pleased to yield such time as he may regularly said the following things: and it says the dividend tax break has consume to the gentleman from Cali- Number one, if you put into place these not generated more business invest- fornia (Mr. DREIER), the distinguished tax cuts, the economy is going to head ment or jobs or productive economic chairman of the Rules Committee. straight into the tank. activity but it has enhanced investor Mr. DREIER. Mr. Speaker, I rise in And I listened to my friend from Or- wealth. That is what this is about. This strong support of this rule, and I thank egon go through the Herbert Hoover ar- bill is to enhance investor wealth. and congratulate my great friend from gument, and I thought we had sort of Now, they have a newfound concern Florida, such a hardworking member of beaten that one back in the 2004 cam- about the sea of red ink they have cre- the Rules Committee, and I thank all paign when in the last 3 years we have ated, the 60 percent increase in our those involved in this effort, which I seen the creation of 41⁄2 million jobs debt in the last 5 years. So a couple of hope at the end of the day will be bi- under the payroll survey guideline and weeks ago we jammed through a bill at partisan. Because we all know that of 5 million jobs under the household sur- 2 a.m. in the morning that cut things that proverbial saying that everyone is vey guideline. I thought we had pretty

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27774 CONGRESSIONAL RECORD—HOUSE December 8, 2005 much beaten that argument back, but more tax cuts to the wealthiest of the wealthy; and, of course, I am saying obviously, they are continuing to try wealthy. And in the process of robbing that sarcastically. and dredge this up. working families to give to the rich, we It contains expensing for brownfield They said that if we put into place are ballooning the debt, saddling our environmental cleanups, something this tax cut that the economy would go children and grandchildren with the that is very good for the environment. into the tank and the deficit would go bill. It contains breaks for our veterans and sky high. We know the exact opposite Everybody loses under this bill. Ev- those who have been and are in combat has been the case. We, in fact, have had erybody. That is except the top one- at this time. It contains increases for a reduction of $94 billion in the deficit fifth of 1 percent. Some might call small businesses, and certainly that is simply because of economic growth, them the super rich; apparently the something that is very, very important simply because of the enhanced flow of majority calls them donors. to millions of people throughout this revenues to come into the Federal It is unbelievable. It is unbelievable country. Treasury. that we are doing this during this sea- Mr. Speaker, this is a very modest Now, obviously, we are not going to son. The holy season. It is unreal. This proposal. I think it is about a 2 percent see probably the best improvement in season, of all seasons, you would think tax break. I urge passage of this bill. the deficit number next year because of they would not have the audacity, the Ms. SLAUGHTER. Mr. Speaker, I Hurricane Katrina and other costs that gall to pass such a disgraceful and yield 3 minutes to the gentleman from we have faced, and we are doing every- shameful piece of legislation. Oh, but Ohio (Mr. KUCINICH). thing we can, so many of us, to try to they do. Mr. KUCINICH. Mr. Speaker, I thank rein in mandatory spending with the Where is our compassion? All of the the gentlewoman for yielding me this reconciliation process we have gone great religions of the world speak to time. through, and to try to do what we can the issue of taking care of basic human What the majority is seeking to ac- on both discretionary as well as man- needs. During this season, the question complish here is another transfer of datory, as I said. But the fact of the must be asked: What would the great wealth from the great mass of Ameri- matter is, Mr. Speaker, the single most teacher do? What would Jesus do? cans to a privileged few. This bill important thing that we can do to deal We are saying we are people of faith, would raise taxes on 17 million Amer- with the challenges of investing in all and yet during this most holy season ican middle-class families by as much those things that Ms. SLAUGHTER men- we do this? Have we lost our way? How as $640. Millionaires get tax cuts as tioned, is to make sure that the econ- long, but oh, how long will we continue much as $32,000. People who bet on the omy continues to grow. to take care of those at the very top market are going to see their taxes cut I can think of nothing, nothing worse and not those in the middle and those or reduced, while workers are not going for the potential future growth of our at the very bottom? How long, but oh, to see that kind of relief because this economy than to not pass this meas- how long? bill is about a transfer of wealth up- ure. So if you believe in bringing unem- This bill is not fair. It is not right. It wards, a transfer of wealth from the ployment down even further, if you be- is not just. As a Nation and as a people, poor and the middle class to the lieve in seeing the already record level as a Congress, we can do better. Mr. wealthy. More than half of the Amer- of minority home ownership go even Speaker, I appeal to my colleagues to ican taxpayers will get less than $30 higher, if you believe in enhanced pro- reject this shameful bill. out of this so-called tax cut; yet that is ductivity and incentives for that, it is what this administration’s strategy b 1100 absolutely essential that this rule and has been all about. this legislation be passed. Mr. PUTNAM. Mr. Speaker, I yield There has been no trickle-down bene- So I commend it to my colleagues. 11⁄2 minutes to the gentleman from fits from their previous tax cuts of over The tired old arguments of the past are Tennessee (Mr. DUNCAN). a trillion dollars. Americans’ savings not carrying any weight at all with the Mr. DUNCAN. Mr. Speaker, I rise in have disappeared, credit cards are American people, I am happy to say. strong support of this very modest tax maxed out, home equity is exhausted, They get it. They understand it. So relief proposal and the rule that brings foreclosures have increased, pension that is why we should have Democrats it to the floor, and especially in sup- funds are disappearing, health care join with Republicans in doing the port of the deduction for State and benefits for many have been cut or right thing here. local sales taxes which is so very im- eliminated. There are 45 million Amer- Ms. SLAUGHTER. Mr. Speaker, I portant to my home State of Tennessee icans without health insurance. The yield 3 minutes to the gentleman from and many millions of people through- wealth in this country is being trans- Georgia (Mr. LEWIS). out this Nation. ferred upward, and as wealth acceler- Mr. LEWIS of Georgia. Mr. Speaker, Every day we read stories about how ates upward, the quality of our democ- I want to thank the gentlewoman from wasteful the Federal Government is, racy is deteriorating. This bill con- New York for yielding me this time. and certainly it has been proven over tinues that trend with spending cuts Mr. Speaker, once again, I rise in dis- and over again how the least efficient, suffered by college students, suffered belief about what the House is about to most wasteful way to spend money is by senior citizens and children and do today. It is my belief that we are to turn it over to the Federal Govern- family farmers. moving down the wrong road. ment. Every dollar we can keep in the My colleague Congressman LEWIS Before we left for Thanksgiving, the private sector helps to create jobs and asked what would Jesus do. We know Republican leadership twisted arms to lower prices. And who benefits the his teachings. He said whatever you do pass a bill slashing funding for vital most from job creation and lower for the least of the brethren, you do for programs that benefit the neediest prices: the poor and the lower-income the Lord. This bill does not do for the Americans. Some might say that the and the working people. The wealthy least. It does for those who have the bill was callous. I say that the bill was are always going to be all right, but most. There is a transfer of wealth to immoral. Today, it is still immoral, this is a bill that helps the poor and the great mass of Americans to a few uncaring, and without compassion. the lower-income and the working peo- as a matter of policy here. It is tax But now, to add insult to injury, we ple more than anybody else. cuts, it is the war, it is all of the spend- have returned to Washington so that It contains breaks for the rich like ing that is accomplished by our major- the Republican majority can line the tax deductions for teacher classroom ity brothers and sisters goes to help pockets of those at the very top. That expenses, expenses that classroom those who are wealthy become wealthi- is right, they cut vital programs and teachers pay out of their own pockets. er. That is not how you can maintain a services that benefit hardworking, low- It contains another deduction for the democracy. and middle-income Americans, and rich for deducting tuition expenses. The tax system is central to making with the money saved they are giving That is certainly a deduction for the sure that we stay a democracy, and yet

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27775 what we see here is the beginning of a business. They want to jeopardize the tax breaks that benefit small indi- plutocracy by continuing the accelera- Jarad’s and John’s paychecks and re- vidual taxpayers and small businesses, tion of wealth upwards. We need to place them with welfare checks; and and it extends sales tax deductibility take stock and assessment of what this they call compassion. without increasing the deficit. What is these tax policies are doing to under- Gill Travers owns Travers & Com- more, the Democratic substitute pro- mine people in this country, of what pany. They are a home building com- tects taxpayers against the AMT hit as these tax policies are doing to make it pany in Athens, Texas. Thanks to the people’s income brings them into the impossible for a middle class to sur- housing boom created by President AMT category. vive, of what these tax policies are ig- Bush’s tax relief plan, Travers & Com- If my friends on the other side of the noring in terms of trying to protect pany has had to hire three new work- aisle want to say if we do not extend America’s manufacturers. There are ers. Jan, who was previously unem- the dividend and capital gains tax cut, auto workers and steel workers who ployed, was hired to help clean up the we have an automatic tax increase, are looking for a way for businesses, job sites. Business is so good she had to why not say the same about the AMT their industries, to survive; and instead turn around and hire Calvin and fix? You have not chosen to put the we are worrying about accelerating the Christy. They were unemployed, too. AMT fix in your bill. Does that not wealth upward. The Democrats now want to raise taxes constitute an automatic tax increase? I We need to take stock of this. This is on Gill Travers and his small business. believe it does. The Democrats have not only a fiscal question. It is a moral They want to jeopardize Jan, Calvin, prevented that. question, and the arc of our moral fiber and Christy’s paychecks and replace The difference is this: when Repub- here is going to be determined on them with welfare checks; and this licans talk about choices, the choices whether or not we can stand up to this they call compassion. they are talking about is whether the challenge about accelerating the Mr. Speaker, tax relief has created most wealthy people in this country wealth upwards. over 4.4 million new tax-paying jobs of will choose to take their earnings, or Mr. PUTNAM. Mr. Speaker, I yield 3 the future; 4.4 million hard-working winnings, from capital gains or divi- minutes to the gentleman from Texas Americans can now provide for their dends. The poor people in this country (Mr. HENSARLING). families this Christmas. More than just have to choose between heating their Mr. HENSARLING. Mr. Speaker, un- providing food and shelter, these jobs houses and providing food for their less we enact H.R. 4297, Americans will are providing newfound hope and op- children. receive a most unwelcomed Christmas portunity. The Democrats would take Mr. PUTNAM. Mr. Speaker, I yield gift from the Democrats: a huge auto- all of this away. myself such time as I may consume. I would remind the gentleman that matic tax increase. This will cost fami- We cannot go back. We must prevent this massive Democrat tax increase. AMT relief is not in our package be- lies billions of their dollars and jeop- We must support jobs and support the cause it passed yesterday in the House ardize millions of their jobs. We cannot rule for H.R. 4297. by a vote of 414–4. That is why it is not sit idly by and let the Democrats do Ms. SLAUGHTER. Mr. Speaker, I in this package, because it passed yes- this. yield 2 minutes to the gentleman from terday. Tax relief has already created more Washington (Mr. BAIRD). We all talk about what we do here in than 4.4 million new jobs; but if you Mr. BAIRD. Mr. Speaker, since I first Washington as it relates to the econ- raise taxes, you start taking these jobs came to Congress, I made it a priority omy. The bottom line is that the econ- away. to restore sales tax deductibility for omy is doing quite well because Ameri- Mr. Speaker, let me tell you about a my constituents in Washington State. cans are out there working hard every few of the jobs from my east Texas dis- Last year, working with a bipartisan day. A lot of them are getting up be- trict that could be lost if the Demo- coalition lead by Mr. KEVIN BRADY and fore the sun comes up and not getting crats succeed in their tax increase plan myself, we did successfully do that. home until the sun goes down, bringing today. Let me tell you about Hugh This deduction saved Washington State in food and fiber from our fields, manu- Dublin who owns East Texas Right of taxpayers over $500 million last year facturing the devices that we take for Way in Tennessee Colony, Texas. He alone. granted each and every day in our specializes in the land-leasing business. Unfortunately, the sales tax deduc- manufacturing facilities, and working Due to tax relief, his company has tion will expire at the end of this year, hard in an expanding and robust serv- grown from two full-time employees to and we must extend that deduction. ices economy, going into classrooms, four full-time employees and four part- Accordingly, I applaud both the Demo- going into hospitals, building houses timers. His two new full-time employ- crats and the Republicans for including that are part of the American Dream ees are named Dan and David. They in their packages a 1-year extension. for more and more Americans. In fact, were unemployed, but now they are Frankly, I would like to have made it a record number of Americans now able to start new careers in a growing a permanent extension. have achieved that piece of the Amer- business. Nevertheless, I am concerned at a ican Dream through homeownership. The Democrats want to raise taxes time of war in the aftermath of this So it is ordinary Americans doing on Hugh Dublin and his small business. country’s most devastating natural every day what they do best that is al- They want to jeopardize Dan’s and Da- disaster how we can in good conscience lowing this economy to move forward, vid’s paychecks and replace them with support a tax bill that will add at least and our role in that is to create the cli- welfare checks, and they call that com- $20 billion to our national debt to pro- mate that allows them to maximize passion. vide a tax break that goes predomi- that opportunity, to put in place poli- Eddie Alexander owns Triple S Elec- nantly to the wealthy, and by that I cies that keep inflation in check, keep tric in Henderson County, Texas. They mean the capital gains and dividend interest rates low, and reduce the tax are an electrical contracting business. tax cut. burden in their lives. For the first 31⁄2 years he was in busi- Earlier, the distinguished chairman Today, more corporations pay divi- ness, it was just him and one part-time of the Rules Committee said the Amer- dends than at any other time. In fact, helper. Since the passage of the Presi- ican people get it. I have to say, I just there has been a 69 percent increase in dent’s economic growth plan, he has had five town halls in my district; the S&P 500 companies that pay dividends. been able to hire two more additional American people do get it. They get It is not only wealthy people that are employees named Jarad and John, both that this bill, the Republican majority benefiting from dividend taxes being of whom were out of work but both of bill, is passing on enormous deficits to cut and the corresponding increase in whom now provide homes for their our children. Debt to our children, that companies paying dividends. In fact, it families. is what we are doing. typically is your retirees who are own- The Democrats now want to raise The Democratic substitute, by com- ing those stocks that they have in- taxes on Eddie Alexander and his small parison, is revenue neutral. It extends vested in their whole lives that are

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27776 CONGRESSIONAL RECORD—HOUSE December 8, 2005 paying the dividends to supplement of the House voted for AMT relief. I am put over here into tax breaks for mil- their retirement income. unclear which piece of that the gen- lionaires. $50 billion. $50 billion cut in Prior to us changing that policy, the tleman is referring to that the Demo- Medicaid and student loans, $50 billion number of companies paying dividends crats had that paid for that as it re- in tax cuts for the rich. For health care over the last several years had actually lates to that. And the gentleman, in programs, as they cut the health care gone down by 45 percent; and since the reference to his concern about the def- programs, it goes over here today on a change in the tax that lowered the div- icit, which is legitimate and shared by tax cut for millionaires. idend tax, it went up almost 70 percent. all of us about the growth of the def- When they cut student loans the That is a clear indication that what we icit, failed to point out that the deficit money comes from kids and it is going did here in that small policy changed has gone down over $100 billion in the over here to millionaires. And by the behavior in the business world to the last year. The size of the U.S. deficit way, they are $6 billion short, so they benefit of all Americans: poor Ameri- dropped $100 billion based on the are just going to increase the deficit. cans, seniors, middle class, profes- strength of the economy. Why? So they can give more tax breaks sionals, people who make six figures, And finally, to the gentleman’s over here to millionaires. More tax people who make five figures. Every- point, he illustrated and spoke very breaks for millionaires. Cut poor peo- body benefited from that. In fact, dis- clearly and directly about the Demo- ple, cut children, cut Medicaid bene- proportionately, seniors benefited from cratic intentions with regard to tax fits, cut the money that we are going that. policy. They want to pick and choose Everybody benefits from the fact to be giving to seniors, to keep them in the winners in American society, and nursing homes with Alzheimer’s and that unemployment is now at 5 per- we want everyone, everyone on equal cent. That is indisputable. Would we with Parkinson’s disease, just keep footing to have the opportunity to cutting it. Give more tax breaks to the like to see it go lower? Of course. achieve their piece of the American Would we like to put policies in place millionaires. Something is going to dream. We do not propose to pick win- have to be cut. that do that? Of course. Does raising ners and losers in economic policy and They cut the poorest. They cut the taxes on the American people help tax policy. We say everybody has got a most vulnerable. They cut the young- lower the unemployment rate? I do not shot at making the most of their op- est. And where does the money go? The think so. Perhaps some on the other portunities in this country. Everybody money goes to millionaires. That is side of the aisle would disagree. has got a shot at paying less in taxes what this whole thing is about. It is More Americans own stock today on capital gains. Everybody has got a one big scam. You know, there is an than ever before. This is not a class- shot at paying less in taxes on divi- old joke. The priest goes up into the warfare argument: 91 million individ- dends that are paid by companies that pulpit on Sunday and he says, on uals own stock in America. This bill support all Americans. Everybody has Wednesday, Father O’Brien will lecture puts in place a policy that encourages got an opportunity to go to college on the evils of gambling in the church more Americans to invest in America. through the tax incentives that are in hall. On Thursday in the church hall, That, I believe, is sound economic pol- there for higher education opportuni- bingo. icy. ties. Everybody has got an opportunity Mr. Speaker, I reserve the balance of to achieve home ownership through Last month the Republicans lectured my time. economic policies that keep interest us on the need for them to cut poor Ms. SLAUGHTER. Mr. Speaker, I people to do something about the def- yield 1 minute to the gentleman from rates low and inflation in check. That is the difference, an opportunity for icit. Today, bingo. Tax cuts for the Washington (Mr. BAIRD) to explain millionaires. Every millionaire is a AMT. each and every individual, according to their own merits and their own hard winner in America under the Repub- Mr. BAIRD. Mr. Speaker, I am well licans’ plan. But the money is all com- aware of the issues with AMT. The work, and their own character and their own ability to get out there every ing from the poorest people in our issue with me is this: you have not paid country and it is going over into the for it; the Democrats have. What you day to do it. And the other side’s pro- posal to pick and choose the winners in hands of those who need it least. Vote are not talking about is you are pass- no on this Republican atrocity in our ing deficit on to our kids. You are pass- our society. Mr. Speaker, I reserve the balance of country at a time when the poor need ing debt on to our kids. it the most and the rich need it the I visited with high schools and had my time. least. town halls last weekend, and people Ms. SLAUGHTER. Mr. Speaker, I said they are desperately concerned yield 3 minutes to the gentleman from ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE about the size of the Nation’s deficit Massachusetts (Mr. MARKEY). Mr. MARKEY. Mr. Speaker, I rise in The SPEAKER pro tempore (Mr. and the size of the Nation’s debt. The strong opposition to this $56 billion tax LAHOOD). The Chair will remind all Democratic package is paid for; the Re- break, mostly for millionaires in our persons in the gallery that they are publican package is not. The Demo- country. Forty-five percent of this tax here as guests of the House and that cratic package does support small busi- break goes to the ultra rich in our any manifestation of approval or dis- nesses and low-income folks and sup- country, the top 1 percent average get- approval of proceedings or other audi- ports the middle class. The Republican ting $32,000 apiece in tax breaks out of ble conversation is in violation of the package, the bulk of the economic ben- this bill. So how do they get the rules of the House. efits from these tax cuts go to the peo- money? Well, last month, the Repub- Mr. PUTNAM. Mr. Speaker, I yield ple who need it least at a time when we licans lectured us on the need to have myself such time as I may consume. are fighting a war and trying to re- fiscal discipline. They had to cut Med- Recognizing that volume does not al- cover from a disaster. I think that is a icaid for the poorest seniors and kids. ways make up for sound policy, I would mistake. We support tax cuts, but we would They had to cut student loans for chil- just pose the question as to why the target them to the people who most dren across our country. They had to Democratic substitute leaves out many need it; and you target them to the cut the food stamp program for kids. of the people that the gentleman pur- people who most want it, but least But guess what? The amount of money ported to speak for. The Democratic need it. That is the fundamental dif- that they were cutting on food stamps substitute does not include the savers ference, and I think the American peo- and Medicaid and health care services credit for low income families, those ple see that difference. and student loans is exactly equal to low income families who are contrib- the amount of money they are giving uting to IRAs and pension plans, b 1115 in tax breaks to millionaires. In other scrimping and saving every day, every Mr. PUTNAM. Addressing the gentle- words, every dollar that is cut out of week, every month to put aside money man’s concerns, yesterday 414 Members the Medicaid program is going to be to prepare for their own retirement, to

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27777 prepare for their own retirement secu- Mr. PUTNAM. I have one remaining Next question. Is it fair? Well, in rity so that they are not solely depend- speaker as well. looking at who gets what under this ent on the government. Their sub- Ms. SLAUGHTER. Mr. Speaker, I bill, you know, most of the people in stitute is silent on that point. yield 4 minutes to the gentleman from this country, 55 percent, earn less than Why are they silent on the point of North Dakota (Mr. POMEROY). $40,000. They will come out on average assistance for small businesses, allow- Mr. POMEROY. Mr. Speaker, much $7, $7 per under this dividend and tax ing them to increase section 179 ex- of the rhetoric coming from the major- cut provision. One out of 500, one out of pensing so that they can get that new ity in defense of this sinful package is 500 taxpayers, the most affluent of the piece of equipment, add the new line, pure fiction. So let us discuss it in 500, one out of 500 get nearly half of which means more employees, more those terms. You know, Charles Dick- this bill. And they will average, per growth, more purchasing and a better ens has written perhaps one of the taxpayer, more than $30,000 back. So in economic ripple effect in the commu- most famous pieces of fiction discussed this Christmas season, we are ham- nity? Why do you leave out small busi- at this time of year, the holiday sea- mering on programs that help those nesses along with your low income sav- son, A Christmas Carol. The lesson of who need help. ers? Christmas Carol, Scrooge, this miserly We are passing a tax package that Why do you leave out the part that man, very, very well fixed financially gives nothing, virtually, to most under impacts domestic manufacturers who that chose not to give to others. And this capital gains dividend tax cut pro- finance sales of large equipment to for- we know that in the course of this vision, and we are absolutely loading it eign customers? beautiful story the ghosts of Christmas up for the wealthiest few in this coun- We hear an awful lot of concern past help him reflect upon the paucity try. This is Christmas Carol II. This is about outsourcing. Here you have of his life, and in the end he has a new Revenge of the Scrooge. This is totally American-based companies doing ev- spirit of community, helping others, bad policy, and it must be stopped. erything they can to trade in an in- including the Cratchett family, with I urge a no vote on this rule. creasingly complex globalized econ- the crippled son, Tiny Tim. Mr. PUTNAM. Mr. Speaker, I yield 3 omy, and you leave them out of your Well, I think that what the majority minutes to the distinguished chairman substitute. wants to do is rewrite the Christmas of the Ways and Means Committee, the Why do you leave out the parts that Carol. It is probably going to be titled gentleman from California (Mr. THOM- deal with capital gains and dividends? ‘‘A Christmas Carol II, Revenge of the AS). Why is it only about the wealthy and Scrooge.’’ And in this Christmas Carol, Mr. THOMAS. Well, I guess we are not about every one of those 91 million Scrooge, sitting in his mansion, con- going to be telling Christmas stories. Americans who own stock, who are try- templating his wealth, wants more. Rather than fiction, I would rather ing to invest in America, who under- And rather than be challenged as to deal with fact. Yesterday 414 Members stand that markets offer them an op- the paucity of his inclination, we have of the House voted to assist a group portunity to grow and create opportu- a Republican majority, bought and who, on average, are far richer than nities that they may not have had oth- paid for, that is all too eager to placate those who receive dividends and cap erwise? the most selfish whim of Mr. Scrooge. gains. There were four no votes. All Why are all of those 91 million Amer- And so, as the story unfolds, there is four of them were on the Democratic icans who participate in our capital more and more for Scrooge, and tak- side of the aisle. And I respect those market so bad? Why are they such ing, from the very beginning, a low people for casting what I believe was a awful people that they ought to be sin- base, less and less for Mr. Cratchett sincere vote. But out of the 188 Demo- gled out and excluded from the tax pol- who loses his job when it is outsourced crats who voted aye, I just have to icy that you have created? overseas, tries to find something at point out that my friend who just fin- Why do you leave out the tax credits minimum wage which has not been ished speaking, who is on the Ways and for cleaning up brownfield sites? That raised since 1997, and Tiny Tim, Tiny Means Committee, protesting the is something that I have always Tim is left out all together. amount in this vote, voted aye. Some thought was the cornerstone of the Let us ask ourselves some basic ques- of the other folks, just let me run down Democratic Party, cleaning up our en- tions about this. After passing a $31 the list alphabetically, which tends to vironment. It is certainly something billion tax reduction yesterday out of touch on LOWEY, LYNCH, MALONEY, that we are proud of our record on with this House, do we really want to add an MARKEY, you heard him, MARSHALL, Teddy Roosevelt and our conservation additional $56 billion without having it MATHESON, MATSUI, MCCARTHY, MCCOL- effort. We believe that you can use the paid for? LUM, MCDERMOTT, all of them voted to Tax Code to encourage businesses to go Look at this. This shows that we are assist those individuals in this society into areas that formerly were environ- north of $8 trillion in accumulated that are far richer, on average, than mentally damaged sites and clean debt, that the average share is $27,000 many of those seniors who, investing them up and create jobs and oppor- of debt per American. prudently over the years, receive divi- tunity in otherwise blighted areas. You know, another Christmas story dends and capital gains on their invest- This is an issue that impacts dispropor- talks about naughty children getting a ment in deferred consumption that tionately urban areas. Why would we lump of coal in their stocking. Well, they need, in their senior years. leave them out? The Democratic sub- this majority gives every child $27,000 stitute is silent on these points. of debt, debt that will fall on their b 1130 It is important that we move forward shoulders when the baby boomers re- So as we listen to the rhetoric and together with sound economic policies tire with this debt woefully unpaid. the term ‘‘millionaire’’ is repeated over that encourage people to invest and The second question, do we need it? and over again by my friends on the save and be a part of this ever com- You know about half of this package other side of the aisle, it begins to be a plicated globalized economy, not pick today, for all the talk about how des- question of whose millionaire are they and choose the winners and single out perately it is needed, does not take ef- talking about. If one is a millionaire in individual cases of success to be pun- fect until 2009 and 2010. Existing Tax Massachusetts, it seems, we want to ished, which is what their bill seeks to Code makes the very provision that protect them. If one is a millionaire in do. they are talking about in 2006, in 2007 New York, we want to protect them. Mr. Speaker, I reserve the balance of and in 2008. It is there for the next 3 At some point the rhetoric, the fic- my time. years. They are talking about driving tion, has to be compared to the truth. Ms. SLAUGHTER. Mr. Speaker, I us deeper in debt today, cutting pro- The truth is 188 Democrats, every Dem- have one remaining speaker. May I in- grams that help people today so that ocrat member of the Ways and Means quire if my colleague is about ready to we can deal with something that hap- Committee, voted to assist people yes- close? pens in 2009 and 2010. terday that are far richer on average

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27778 CONGRESSIONAL RECORD—HOUSE December 8, 2005 than the individuals who receive divi- those people that are much richer and The resolution was agreed to. dends and cap gains. That is not a much smaller in number. A motion to reconsider was laid on Christmas story. That is the truth. So I really think that in this holiday the table. Ms. SLAUGHTER. Mr. Speaker, I season, we are doing enough damage Mr. THOMAS. Mr. Speaker, pursuant yield 3 minutes to the gentleman from without distorting the truth. You have to House Resolution 588, I call up the New York (Mr. RANGEL). had your priorities in terms of pro- bill (H.R. 4297) to provide for reconcili- Mr. RANGEL. Mr. Speaker, the gen- tecting the AMT people or protecting ation pursuant to section 201(b) of the tleman picked a heck of a time to lose the group that is going to be allegedly concurrent resolution on the budget for his voice here now. protected today, even though they do fiscal year 2006, and ask for its imme- Mr. THOMAS. Mr. Speaker, will the not need any, not today, not next year, diate consideration. gentleman yield? and not the year after. The Clerk read the title of the bill. I thought the gentlewoman from New So those are the facts, and I thank The SPEAKER pro tempore. Pursu- York indicated she had one final speak- the gentlewoman from New York for ant to House Resolution 588, the bill is er, and that final speaker spoke, Mr. affording us the opportunity to at considered read and the amendment in POMEROY. least, in this holiday season, whether the nature of a substitute printed in Mr. RANGEL. I am terribly sorry. I we like the bill or not, let truth pre- the bill is adopted. will take it up then when we have the vail. The text of the amendment in the na- opportunity. Ms. SLAUGHTER. Mr. Speaker, I ture of a substitute is as follows: Mr. THOMAS. I was asking the gen- yield myself the balance of my time. H.R. 4297 tlewoman from New York. I would like to urge a ‘‘no’’ vote on Be it enacted by the Senate and House of Rep- Ms. SLAUGHTER. As it happens, I the rule, a ‘‘no’’ vote on the bill, and resentatives of the United States of America in have extra time, and I yielded to Mr. say to every Member of the House of Congress assembled, RANGEL to respond to your comments. Representatives if they want the AMT SECTION 1. SHORT TITLE, ETC. Mr. THOMAS. Notwithstanding the fix protected, the only way in the (a) SHORT TITLE.—This Act may be cited as equal time, Mr. Speaker, if the gentle- the ‘‘Tax Relief Extension Reconciliation Act of world they can do it today is to vote 2005’’. woman says it is a final speaker, we for the Democrat substitute. (b) AMENDMENT OF 1986 CODE.—Except as oth- normally honor that. Mr. Speaker, I have no further re- erwise expressly provided, whenever in this Act The SPEAKER pro tempore (Mr. quests for time, and I yield back the an amendment or repeal is expressed in terms of LAHOOD). The gentleman from New balance of my time. an amendment to, or repeal of, a section or York is recognized for 3 minutes. Mr. PUTNAM. Mr. Speaker, I yield other provision, the reference shall be consid- Mr. RANGEL. Mr. Speaker, I do not myself the balance of my time. ered to be made to a section or other provision want to get technical about this. I just Mr. Speaker, the debate here has of the Internal Revenue Code of 1986. (c) TABLE OF CONTENTS.—The table of con- want to set the record straight, and been consumed by the discussion of tents for this Act is as follows: that is that we all agree that the alter- capital gains and dividends, and that is Sec. 1. Short title, etc. native minimum tax is an unfair tax on a big part of this and that is appro- TITLE I—EXTENSIONS OF CERTAIN people because it was not planned by priate. PROVISIONS THROUGH 2006 the Ways and Means Committee and by But the AMT relief component, Sec. 101. Allowance of nonrefundable personal the Congress. So, of course, we thought which has been the source of much re- credits against regular and min- yesterday and we think today that cent debate, we dealt with yesterday. imum tax liability. these people, who through inflation We dealt with it on a vote of 414–4, Sec. 102. Tax incentives for business activities were thrown into this category, should overwhelming, bipartisan, on the sus- on Indian reservations. be protected. And that is why we were pension calendar, which I will remind Sec. 103. Work opportunity credit. Sec. 104. Welfare-to-work credit. so disappointed that the Republicans, Members under the rule, requires a Sec. 105. Deduction for corporate donations of by party line, rejected the Democrats two-thirds vote to pass. It is out of computer technology and equip- when we were doing the bill in the here. The AMT relief bill moved ment. committee from not being included in through here in an expeditious manner Sec. 106. Availability of medical savings ac- the reconciliation bill. on a bipartisan basis. counts. Now, we all know that the bill that What this bill does is provide contin- Sec. 107. 15-year cost recovery for leasehold im- provements. we passed yesterday on the suspension ued assistance for those people who are Sec. 108. 15-year cost recovery for restaurant calendar is not protected like this $56 saving to go to college. Middle- and improvements. billion is protected today. As a matter low-income students, this is their shot Sec. 109. Taxable income limit on percentage de- of fact, people should know that it may at going to college. Assistance for pletion for oil and natural gas appear to be a technicality, but the those who are saving for retirement, produced from marginal prop- only way that this alternative min- seniors, low income, saving through an erties. Sec. 110. District of Columbia Enterprise Zone. imum release bill that we passed yes- IRA and a pension plan for retirement. Sec. 111. Possession tax credit with respect to terday in the suspension calendar is Ten States that do not have a State in- American Samoa. that not one of the 100 Senators over come tax that want the same tax treat- Sec. 112. Parity in the application of certain there objects. We need the consent of ment that high-tax States have, this limits to mental health benefits. every Senator to provide the AMT bill expires in 3 weeks unless we pass the Sec. 113. Research credit. with protection. That is not so. If the Sec. 114. Qualified Zone Academy Bonds. bill. Just one of several important Sec. 115. Certain expenses of elementary and Republicans were so concerned about components in this tax relief package. secondary school teachers. these people who got caught into this It is vitally important that we pass Sec. 116. Qualified tuition and related expenses. trap in getting the alternative min- this and not allow taxes to go up 3 Sec. 117. State and local general sales taxes. imum tax treatment, it would be weeks from now on those 10 States, not TITLE II—EXTENSIONS OF CERTAIN PRO- placed in the reconciliation bill. allow teachers to lose their deduct- VISIONS FOR 2 ADDITIONAL YEARS AND So I do not think you ought to bring ibility on classroom supplies, not allow OTHER MODIFICATIONS up things when the facts are against low-income seniors and savers to be Sec. 201. Expensing of environmental remedi- you. It is true that you have decided punished under the Democratic plan. ation costs. that those people who want relief on Sec. 202. Controlled foreign corporations. Mr. Speaker, I urge the Members to Sec. 203. Capital gains and dividends rates. capital gains taxes and corporate divi- support the rule and support the under- Sec. 204. Saver’s credit. dends, even though they do not get hit lying bill. Sec. 205. Increased expensing for small busi- until 2009, that you are prepared to Mr. Speaker, I yield back the balance ness. have the people who get by the AMT of my time, and I move the previous TITLE III—OTHER PROVISIONS this year or next year, rather, in their question on the resolution. Sec. 301. Clarification of taxation of certain set- tax burden to get hit at the expense of The previous question was ordered. tlement funds.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0688 Sfmt 6343 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27779 Sec. 302. Modification of active business defini- made in taxable years beginning after December striking ‘‘January 1, 2006’’ each place it appears tion under section 355. 31, 2005. and inserting ‘‘January 1, 2007’’. Sec. 303. Veterans’ mortgage bonds. SEC. 106. AVAILABILITY OF MEDICAL SAVINGS AC- (2) CONFORMING AMENDMENTS.— Sec. 304. Capital gains treatment for certain COUNTS. (A) Paragraph (2) of section 1400B(e) (relating self-created musical works. (a) IN GENERAL.—Paragraphs (2) and (3)(B) of to gain before 1998 and after 2010 not qualified) Sec. 305. Vessel tonnage limit. section 220(i) (defining cut-off year) are each is amended— Sec. 306. Modification of special arbitrage rule amended by striking ‘‘2005’’ each place it ap- (i) by striking ‘‘December 31, 2010’’ and insert- for certain funds. pears in the text and headings and inserting ing ‘‘December 31, 2011’’, and (ii) by striking ‘‘2010’’ in the heading and in- TITLE I—EXTENSIONS OF CERTAIN ‘‘2006’’. serting ‘‘2011’’. PROVISIONS THROUGH 2006 (b) CONFORMING AMENDMENTS.— (1) Paragraph (2) of section 220(j) is amend- (B) Paragraph (2) of section 1400B(g) (relating SEC. 101. ALLOWANCE OF NONREFUNDABLE PER- to sales and exchanges of interests in partner- SONAL CREDITS AGAINST REGULAR ed— (A) in the text by striking ‘‘or 2004’’ each ships and S corporations which are DC Zone AND MINIMUM TAX LIABILITY. businesses) is amended by striking ‘‘December (a) IN GENERAL.—Paragraph (2) of section place it appears and inserting ‘‘2004, or 2005’’, and 31, 2010’’ and inserting ‘‘December 31, 2011’’. 26(a) (relating to special rule for taxable years (C) Subsection (d) of section 1400F (relating to 2000 through 2005) is amended— (B) in the heading by striking ‘‘OR 2004’’ and inserting ‘‘2004, OR 2005’’. certain rules to apply) is amended by striking (1) in the text by striking ‘‘or 2005’’ and in- ‘‘December 31, 2010’’ and inserting ‘‘December serting ‘‘2005, or 2006’’, and (2) Subparagraph (A) of section 220(j)(4) is amended by striking ‘‘and 2004’’ and inserting 31, 2011’’. (2) in the heading by striking ‘‘2005’’ and in- ‘‘2004, and 2005’’. (d) FIRST-TIME HOMEBUYER CREDIT FOR DIS- serting ‘‘2006’’. (c) EFFECTIVE DATE.—The amendments made TRICT OF COLUMBIA.—Subsection (i) of section (b) CONFORMING PROVISIONS.— by this section shall take effect on the date of 1400C (relating to application of section) is (1) Subsection (i) of section 904 (relating to co- amended by striking ‘‘January 1, 2006’’ and in- ordination with nonrefundable personal credits) the enactment of this Act. (d) TIME FOR FILING REPORTS, ETC.— serting ‘‘January 1, 2007’’. is amended by striking ‘‘or 2005’’ and inserting (e) EFFECTIVE DATES.— ‘‘2005, or 2006’’. (1) The report required by section 220(j)(4) of the Internal Revenue Code of 1986 to be made on (1) IN GENERAL.—Except as provided in para- (2) The amendments made by sections 201(b), graph (2), the amendments made by this section 202(f), and 618(b) of the Economic Growth and August 1, 2005, shall be treated as timely if made before the close of the 90-day period beginning shall take effect on January 1, 2006. Tax Relief Reconciliation Act of 2001 shall not (2) TAX-EXEMPT ECONOMIC DEVELOPMENT apply to taxable years beginning during 2006. on the date of the enactment of this Act. (2) The determination and publication re- BONDS.—The amendment made by subsection (b) (c) EFFECTIVE DATE.—The amendments made quired by section 220(j)(5) of such Code with re- shall apply to obligations issued after the date by this section shall apply to taxable years be- spect to calendar year 2005 shall be treated as of the enactment of this Act. ginning after December 31, 2005. timely if made before the close of the 120-day pe- SEC. 111. POSSESSION TAX CREDIT WITH RE- SEC. 102. TAX INCENTIVES FOR BUSINESS ACTIVI- riod beginning on the date of the enactment of SPECT TO AMERICAN SAMOA. TIES ON INDIAN RESERVATIONS. this Act. If the determination under the pre- (a) IN GENERAL.—Subparagraph (A) of section (a) INDIAN EMPLOYMENT TAX CREDIT.— ceding sentence is that 2005 is a cut-off year 936(j)(8) (relating to special rules for certain (1) IN GENERAL.—Subsection (f) of section 45A under section 220(i) of such Code, the cut-off possessions) is amended by inserting before the (relating to termination) is amended by striking date under such section 220(i) shall be the last period at the end the following: ‘‘(before Janu- ‘‘December 31, 2005’’ and inserting ‘‘December day of such 120-day period. ary 1, 2007, in the case of American Samoa)’’. 31, 2006’’. (b) EFFECTIVE DATE.—The amendment made SEC. 107. 15-YEAR COST RECOVERY FOR LEASE- (2) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxable years HOLD IMPROVEMENTS. by paragraph (1) shall apply to taxable years beginning after December 31, 2005. (a) IN GENERAL.—Clause (iv) of section beginning after December 31, 2005. 168(e)(3)(E) (relating to 15-year property) is SEC. 112. PARITY IN THE APPLICATION OF CER- (b) ACCELERATED DEPRECIATION FOR BUSINESS TAIN LIMITS TO MENTAL HEALTH amended by striking ‘‘January 1, 2006’’ and in- PROPERTY ON INDIAN RESERVATIONS.— BENEFITS. serting ‘‘January 1, 2007’’. (1) IN GENERAL.—Paragraph (8) of section (a) IN GENERAL.—Paragraph (3) of section (b) EFFECTIVE DATE.—The amendment made 168(j) (relating to termination) is amended by 9812(f) (relating to application of section) is by subsection (a) shall apply to property placed striking ‘‘December 31, 2005’’ and inserting ‘‘De- amended by striking ‘‘December 31, 2005’’ and in service after December 31, 2005. cember 31, 2006’’. inserting ‘‘December 31, 2006’’. (2) EFFECTIVE DATE.—The amendment made SEC. 108. 15-YEAR COST RECOVERY FOR RES- (b) EFFECTIVE DATES.—The amendment made by paragraph (1) shall apply with respect to TAURANT IMPROVEMENTS. by subsection (a) shall take effect on the date of property placed in service after December 31, (a) IN GENERAL.—Clause (v) of section the enactment of this Act. 2005. 168(e)(3)(E) (relating to 15-year property) is SEC. 113. RESEARCH CREDIT. amended by striking ‘‘January 1, 2006’’ and in- SEC. 103. WORK OPPORTUNITY CREDIT. (a) EXTENSION.— serting ‘‘January 1, 2007’’. (1) IN GENERAL.—Subparagraph (B) of section (a) IN GENERAL.—Subparagraph (B) of section (b) EFFECTIVE DATE.—The amendment made 51(c)(4) (relating to termination) is amended by 41(h)(1) (relating to termination) is amended by by subsection (a) shall apply to property placed striking ‘‘December 31, 2005’’ and inserting ‘‘De- striking ‘‘December 31, 2005’’ and inserting ‘‘De- in service after December 31, 2005. cember 31, 2006’’. cember 31, 2006’’. SEC. 109. TAXABLE INCOME LIMIT ON PERCENT- (2) CONFORMING AMENDMENT.—Subparagraph (b) INCREASE IN AGE LIMIT FOR FOOD STAMP AGE DEPLETION FOR OIL AND NAT- RECIPIENTS.—Clause (i) of section 51(d)(8)(A) (D) of section 45C(b)(1) (relating to special rule) URAL GAS PRODUCED FROM MAR- is amended by striking ‘‘December 31, 2005’’ and (relating to qualified food stamp recipient) is GINAL PROPERTIES. inserting ‘‘December 31, 2006’’. amended by striking ‘‘25’’ and inserting ‘‘35’’. N ENERAL (a) I G .—Subparagraph (H) of section (3) EFFECTIVE DATE.—The amendments made (c) EFFECTIVE DATE.—The amendments made 613A(c)(6) (relating to oil and natural gas pro- by this subsection shall apply to amounts paid by this section shall apply to individuals who duced from marginal properties) is amended by begin work for the employer after December 31, or incurred after December 31, 2005. striking ‘‘January 1, 2006’’ and inserting ‘‘Janu- (b) INCREASE IN RATES OF ALTERNATIVE INCRE- 2005. ary 1, 2007’’. MENTAL CREDIT.— SEC. 104. WELFARE-TO-WORK CREDIT. (b) EFFECTIVE DATE.—The amendment made (1) IN GENERAL.—Subparagraph (A) of section (a) IN GENERAL.—Subsection (f) of section 51A by subsection (a) shall apply to taxable years 41(c)(4) (relating to election of alternative incre- (relating to termination) is amended by striking beginning after December 31, 2005. mental credit) is amended— ‘‘December 31, 2005’’ and inserting ‘‘December SEC. 110. DISTRICT OF COLUMBIA ENTERPRISE (A) by striking ‘‘2.65 percent’’ and inserting 31, 2006’’. ZONE. ‘‘3 percent’’, (b) EFFECTIVE DATE.—The amendment made (a) PERIOD FOR WHICH DESIGNATION APPLICA- (B) by striking ‘‘3.2 percent’’ and inserting ‘‘4 by subsection (a) shall apply to individuals who BLE.—Subsection (f) of section 1400 (relating to percent’’, and begin work for the employer after December 31, time for which designation applicable) is amend- (C) by striking ‘‘3.75 percent’’ and inserting 2005. ed by striking ‘‘December 31, 2005’’ both places ‘‘5 percent’’. SEC. 105. DEDUCTION FOR CORPORATE DONA- it appears and inserting ‘‘December 31, 2006’’. (2) EFFECTIVE DATE.—The amendments made TIONS OF COMPUTER TECHNOLOGY (b) TAX-EXEMPT ECONOMIC DEVELOPMENT by this subsection shall apply to taxable years AND EQUIPMENT. BONDS.—Subsection (b) of section 1400A (relat- ending after the date of the enactment of this (a) IN GENERAL.—Subparagraph (G) of section ing to period of applicability) is amended by Act. 170(e)(6) (relating to termination) is amended by striking ‘‘December 31, 2005’’ and inserting ‘‘De- (c) ALTERNATIVE SIMPLIFIED CREDIT FOR striking ‘‘December 31, 2005’’ and inserting ‘‘De- cember 31, 2006’’. QUALIFIED RESEARCH EXPENSES.— cember 31, 2006’’. (c) ZERO PERCENT CAPITAL GAINS RATE.— (1) IN GENERAL.—Subsection (c) of section 41 (b) EFFECTIVE DATE.—The amendment made (1) IN GENERAL.—Subsection (b) of section (relating to base amount) is amended by redesig- by subsection (a) shall apply to contributions 1400B (relating to DC Zone Asset) is amended by nating paragraphs (5) and (6) as paragraphs (6)

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27780 CONGRESSIONAL RECORD—HOUSE December 8, 2005 and (7), respectively, and by inserting after ‘‘(A) 2006.—In the case of a taxable year be- interest for purposes of paragraph (1)(E). The paragraph (4) the following new paragraph: ginning in 2006, the applicable dollar amount Secretary shall prescribe such regulations as ‘‘(5) ELECTION OF ALTERNATIVE SIMPLIFIED shall be equal to— may be appropriate to prevent the abuse of the CREDIT.— ‘‘(i) in the case of a taxpayer whose adjusted purposes of this paragraph. ‘‘(A) IN GENERAL.—At the election of the tax- gross income for the taxable year does not ex- ‘‘(B) APPLICATION.—Subparagraph (A) shall payer, the credit determined under subsection ceed $65,000 ($130,000 in the case of a joint re- apply to taxable years of foreign corporations (a)(1) shall be equal to 12 percent of so much of turn), $4,000, beginning after December 31, 2005, and before the qualified research expenses for the taxable ‘‘(ii) in the case of a taxpayer not described in January 1, 2009, and to taxable years of United year as exceeds 50 percent of the average quali- clause (i) whose adjusted gross income for the States shareholders with or within which such fied research expenses for the 3 taxable years taxable year does not exceed $80,000 ($160,000 in taxable years of foreign corporations end.’’. preceding the taxable year for which the credit the case of a joint return), $2,000, and SEC. 203. CAPITAL GAINS AND DIVIDENDS RATES. is being determined. ‘‘(iii) in the case of any other taxpayer, Section 303 of the Jobs and Growth Tax Relief ‘‘(B) SPECIAL RULE IN CASE OF NO QUALIFIED zero.’’. Reconciliation Act of 2003 is amended by strik- RESEARCH EXPENSES IN ANY OF 3 PRECEDING TAX- (c) EFFECTIVE DATE.—The amendments made ing ‘‘December 31, 2008’’ and inserting ‘‘Decem- ABLE YEARS.— by this section shall apply to payments made in ber 31, 2010’’. ‘‘(i) TAXPAYERS TO WHICH SUBPARAGRAPH AP- taxable years beginning after December 31, 2005. SEC. 204. SAVER’S CREDIT. PLIES.—The credit under this paragraph shall be SEC. 117. STATE AND LOCAL GENERAL SALES Subsection (h) of section 25B (relating to elec- determined under this subparagraph if the tax- TAXES. tive deferrals and IRA contributions by certain payer has no qualified research expenses in any (a) IN GENERAL.—Subparagraph (I) of section individuals) is amended by striking ‘‘December one of the 3 taxable years preceding the taxable 164(b)(5) (relating to application of paragraph) 31, 2006’’ and inserting ‘‘December 31, 2008’’. year for which the credit is being determined. is amended by striking ‘‘January 1, 2006’’ and ‘‘(ii) CREDIT RATE.—The credit determined inserting ‘‘January 1, 2007’’. SEC. 205. INCREASED EXPENSING FOR SMALL BUSINESS. under this subparagraph shall be equal to 6 per- (b) EFFECTIVE DATE.—The amendment made cent of the qualified research expenses for the by subsection (a) shall apply to taxable years Subsections (b)(1), (b)(2), (b)(5), (c)(2), and taxable year. beginning after December 31, 2005. (d)(1)(A)(ii) of section 179(b) (relating to election to expense certain depreciable business assets) ‘‘(C) ELECTION.—An election under this para- TITLE II—EXTENSIONS OF CERTAIN PRO- graph shall apply to the taxable year for which are each amended by striking ‘‘2008’’ and insert- VISIONS FOR 2 ADDITIONAL YEARS AND ing ‘‘2010’’. made and all succeeding taxable years unless re- OTHER MODIFICATIONS voked with the consent of the Secretary. An TITLE III—OTHER PROVISIONS SEC. 201. EXPENSING OF ENVIRONMENTAL REME- election under this paragraph may not be made DIATION COSTS. SEC. 301. CLARIFICATION OF TAXATION OF CER- for any taxable year to which an election under (a) EXTENSION OF TERMINATION DATE.—Sub- TAIN SETTLEMENT FUNDS. paragraph (4) applies.’’. section (h) of section 198 (relating to termi- (a) IN GENERAL.—Subsection (g) of section (2) COORDINATION WITH ELECTION OF ALTER- nation) is amended by striking ‘‘December 31, 468B (relating to clarification of taxation of cer- NATIVE INCREMENTAL CREDIT.— 2005’’ and inserting ‘‘December 31, 2007’’. tain funds) is amended to read as follows: (A) IN GENERAL.—Section 41(c)(4)(B) (relating (b) PETROLEUM PRODUCTS TREATED AS HAZ- ‘‘(g) CLARIFICATION OF TAXATION OF CERTAIN to election) is amended by adding at the end the ARDOUS SUBSTANCE.—Paragraph (1) of section FUNDS.— following: ‘‘An election under this paragraph 198(d) (relating to hazardous substance) is ‘‘(1) IN GENERAL.—Except as provided in para- may not be made for any taxable year to which amended by striking ‘‘and’’ at the end of sub- graph (2), nothing in any provision of law shall an election under paragraph (5) applies.’’. paragraph (A), by striking the period at the end be construed as providing that an escrow ac- RANSITION RULE.—In the case of an elec- (B) T of subparagraph (B) and inserting ‘‘, and’’, and count, settlement fund, or similar fund is not tion under section 41(c)(4) of the Internal Rev- by adding at the end the following new sub- subject to current income tax. The Secretary enue Code of 1986 which applies to the taxable paragraph: shall prescribe regulations providing for the tax- year which includes the date of the enactment ‘‘(C) any petroleum product (as defined in sec- ation of any such account or fund whether as a of this Act, such election shall be treated as re- tion 4612(a)(3)).’’. grantor trust or otherwise. voked with the consent of the Secretary of the (c) EFFECTIVE DATE.—The amendments made ‘‘(2) EXEMPTION FROM TAX FOR CERTAIN SET- Treasury if the taxpayer makes an election by this section shall apply to expenditures paid TLEMENT FUNDS.—An escrow account, settlement under section 41(c)(5) of such Code (as added by or incurred after December 31, 2005. fund, or similar fund shall be treated as bene- subsection (a)) for such year. SEC. 202. CONTROLLED FOREIGN CORPORA- ficially owned by the United States and shall be FFECTIVE DATE (3) E .—The amendments made TIONS. exempt from taxation under this subtitle if— by this subsection shall apply to taxable years (a) SUBPART F EXCEPTION FOR ACTIVE FI- ‘‘(A) it is established pursuant to a consent ending after the date of the enactment of this NANCING.— decree entered by a judge of a United States Act. (1) EXEMPT INSURANCE INCOME.—Paragraph District Court, SEC. 114. QUALIFIED ZONE ACADEMY BONDS. (10) of section 953(e) (relating to application) is ‘‘(B) it is created for the receipt of settlement (a) IN GENERAL.—Paragraph (1) of section amended— payments as directed by a government entity for 1397E(e) (relating to national limit) is amended (A) by striking ‘‘January 1, 2007’’ and insert- the sole purpose of resolving or satisfying one or by striking ‘‘and 2005’’ and inserting ‘‘2005, and ing ‘‘January 1, 2009’’, and more claims asserting liability under the Com- 2006’’. (B) by striking ‘‘December 31, 2006’’ and in- prehensive Environmental Response, Compensa- (b) EFFECTIVE DATE.—The amendment made serting ‘‘December 31, 2008’’. tion, and Liability Act of 1980, by subsection (a) shall apply to obligations (2) EXCEPTION TO TREATMENT AS FOREIGN PER- ‘‘(C) the authority and control over the ex- issued after December 31, 2005. SONAL HOLDING COMPANY INCOME.—Paragraph penditure of funds therein (including the ex- SEC. 115. CERTAIN EXPENSES OF ELEMENTARY (9) of section 954(h) (relating to application) is penditure of contributions thereto and any net AND SECONDARY SCHOOL TEACH- amended by striking ‘‘January 1, 2007’’ and in- earnings thereon) is with such government enti- ERS. serting ‘‘January 1, 2009’’. ty, and (a) IN GENERAL.—Subparagraph (D) of section (b) LOOK-THROUGH TREATMENT OF PAYMENTS ‘‘(D) upon termination, any remaining funds 62(a)(2) (relating to certain expenses of elemen- BETWEEN RELATED CONTROLLED FOREIGN COR- will be disbursed to such government entity for tary and secondary school teachers) is amended PORATIONS UNDER THE FOREIGN PERSONAL use in accordance with applicable law. by striking ‘‘or 2005’’ and inserting ‘‘2005, or HOLDING COMPANY RULES.—Subsection (c) of For purposes of this paragraph, the term ‘gov- 2006’’. section 954 (relating to foreign personal holding ernment entity’ means the United States, any (b) EFFECTIVE DATE.—The amendment made company income) is amended by adding at the State or political subdivision thereof, the Dis- by subsection (a) shall apply to expenses paid or end the following new paragraph: trict of Columbia, any possession of the United incurred in taxable years beginning after De- ‘‘(6) LOOK-THRU RULE FOR RELATED CON- States, and any agency or instrumentality of cember 31, 2005. TROLLED FOREIGN CORPORATIONS.— any of the foregoing. SEC. 116. QUALIFIED TUITION AND RELATED EX- ‘‘(A) IN GENERAL.—For purposes of this sub- ‘‘(3) TERMINATION.—Paragraph (2) shall not PENSES. section, dividends, interest, rents, and royalties apply to accounts and funds established after (a) IN GENERAL.—Subsection (e) of section 222 received or accrued from a controlled foreign December 31, 2010.’’. (relating to termination) is amended by striking corporation which is a related person shall not (b) EFFECTIVE DATE.—The amendment made ‘‘December 31, 2005’’ and inserting ‘‘December be treated as foreign personal holding company by subsection (a) shall apply to accounts and 31, 2006’’. income to the extent attributable or properly al- funds established after the date of the enact- (b) LIMITATIONS.—Paragraph (2) of section locable (determined under rules similar to the ment of this Act. 222(b) (relating to applicable dollar limit) is rules of subparagraphs (C) and (D) of section SEC. 302. MODIFICATION OF ACTIVE BUSINESS amended by striking subparagraphs (A) and (B), 904(d)(3)) to income of the related person which DEFINITION UNDER SECTION 355. by redesignating subparagraph (C) as subpara- is not subpart F income. For purposes of this Subsection (b) of section 355 (defining active graph (B), and by inserting before subpara- subparagraph, interest shall include factoring conduct of a trade or business) is amended by graph (B) (as so redesignated) the following: income which is treated as income equivalent to adding at the end the following new paragraph:

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27781 ‘‘(3) SPECIAL RULE RELATING TO ACTIVE BUSI- Applicable being delivered so far, at least that NESS REQUIREMENT.— ‘‘Calendar Year: percentage is: which I have heard on the rule. This ‘‘(A) IN GENERAL.—In the case of any distribu- 2007 ...... 40 percent bill consists of extending current tax tion made after the date of the enactment of this 2008 ...... 60 percent paragraph and before December 31, 2010, a cor- 2009 ...... 80 percent. provisions. It virtually breaks no new poration shall be treated as meeting the require- ‘‘(iii) TERMINATION.—The State veterans limit ground. It merely retains those struc- ment of paragraph (2)(A) if and only if such for any calendar year after 2010 is zero.’’. tures supported in committee, for ex- corporation is engaged in the active conduct of (2) EFFECTIVE DATE.—The amendment made ample, in a bipartisan way, to allow a trade or business. by this subsection shall apply to bonds issued people to continue to utilize current ‘‘(B) AFFILIATED GROUP RULE.—For purposes after December 31, 2005. tax privileges. of subparagraph (A), all members of such cor- SEC. 304. CAPITAL GAINS TREATMENT FOR CER- I have a hard time when I listen to poration’s separate affiliated group shall be TAIN SELF-CREATED MUSICAL the rhetoric associated with the de- treated as one corporation. For purposes of the WORKS. preceding sentence, a corporation’s separate af- (a) IN GENERAL.—Subsection (b) of section scription of this bill when one of the filiated group is the affiliated group which 1221 (relating to capital asset defined) is amend- provisions, for example, is the author- would be determined under section 1504(a) if ed by redesignating paragraph (3) as paragraph ity to issue qualified zone academy such corporation were the common parent and (4) and by inserting after paragraph (2) the fol- bonds for school modernization, equip- section 1504(b) did not apply. lowing new paragraph: ment in high-poverty areas. I cannot ‘‘(C) TRANSITION RULE.—Subparagraph (A) ‘‘(3) SALE OR EXCHANGE OF SELF-CREATED MU- believe my colleagues on the other side shall not apply to any distribution pursuant to SICAL WORKS.—At the election of the taxpayer, of the line are opposed to that. Above- a transaction which is— paragraphs (1) and (3) of subsection (a) shall ‘‘(i) made pursuant to an agreement which not apply with respect to any sale or exchange the-line deduction for higher education was binding on the date of the enactment of this before January 1, 2011, of musical compositions expenses, in opposing this bill, I guess paragraph and at all times thereafter, or copyrights in musical works by a taxpayer they are opposed to that. Continue the ‘‘(ii) described in a ruling request submitted to described in subsection (a)(3).’’. deduction for State and local sales the Internal Revenue Service on or before such (b) LIMITATION ON CHARITABLE CONTRIBU- taxes due to expire, I guess they are op- date, or TIONS.—Subparagraph (A) of section 170(e)(1) is posed to that. ‘‘(iii) described on or before such date in a amended by inserting ‘‘(determined without re- public announcement or in a filing with the Se- I could go through and point out a gard to section 1221(b)(3))’’ after ‘‘long-term number of items. For example, the curities and Exchange Commission. capital gain’’. The preceding sentence shall not apply if the (c) EFFECTIVE DATE.—The amendments made work opportunity tax credits for hiring distributing corporation elects not to have such by this section shall apply to sales and ex- individuals who face barriers to em- sentence apply to distributions of such corpora- changes in taxable years beginning after the ployment, in addition to the extension. tion. Any such election, once made, shall be ir- date of the enactment of this Act. The age limit for eligible food stamp revocable. SEC. 305. VESSEL TONNAGE LIMIT. recipients is increased from 25 to 35. ‘‘(D) SPECIAL RULE FOR CERTAIN PRE-ENACT- (a) IN GENERAL.—Paragraph (4) of section Maybe they are opposed to that. MENT DISTRIBUTIONS.—For purposes of deter- 1355(a) (relating to qualifying vessel) is amended I guess when we go through and ex- mining the continued qualification under para- by inserting ‘‘(6,000, in the case of taxable years graph (2)(A) of distributions made before the amine these various provisions, if those beginning after December 31, 2005, and ending are items that are reserved for the date of the enactment of this paragraph as a re- before January 1, 2011)’’ after ‘‘10,000’’. sult of an acquisition, disposition, or other re- (b) EFFECTIVE DATE.—The amendment made rich, the millionaires and the privi- structuring after such date and before December by subsection (a) shall apply to taxable years leged, I guess I just do not understand 31, 2010, such distribution shall be treated as beginning after December 31, 2005. it. made after the date of the enactment of this SEC. 306. MODIFICATION OF SPECIAL ARBITRAGE But they are required to attack any paragraph for purposes of applying subpara- RULE FOR CERTAIN FUNDS. bill that allows Americans to hang on graphs (A) through (C) of this paragraph.’’. In the case of bonds issued after the date of to their own hard-earned money. That SEC. 303. VETERANS’ MORTGAGE BONDS. the enactment of this Act and before August 31, is just kind of fundamental, I guess. (a) ALL VETERANS ELIGIBLE FOR STATE HOME 2009— My concern is if they are going to LOAN PROGRAMS FUNDED BY QUALIFIED VET- (1) the requirement of paragraph (1) of section ERANS’ MORTGAGE BONDS.— 648 of the Deficit Reduction Act of 1984 (98 Stat. produce the kind of rhetoric they are (1) IN GENERAL.—Paragraph (4) of section 941) shall be treated as met with respect to the producing on a piece of tax legislation 143(l) (defining qualified veteran) is amended— securities or obligations referred to in such sec- which simply extends current law, (A) by striking ‘‘at some time before January tion if such securities or obligations are held in what are they going to do when we 1, 1977’’ in subparagraph (A), and a fund the annual distributions from which (B) by striking subparagraph (B) and insert- have to rethink the way in which we cannot exceed 7 percent of the average fair mar- tax people today to make sure that we ing the following: ket value of the assets held in such fund except ‘‘(B) who applied for the financing before the do not destroy the economic engine in to the extent distributions are necessary to pay date 25 years after the last date on which such this country that produces the quality debt service on the bond issue, and veteran left active service.’’. (2) paragraph (3) of such section shall be ap- of life-style for each and every Amer- (2) EFFECTIVE DATE.—The amendments made plied by substituting ‘‘distributions from’’ for ican? by this subsection shall apply to financing pro- Mr. Speaker, I reserve the balance of vided after the date of the enactment of this ‘‘the investment earnings of’’ both places it ap- Act. pears. my time. (b) REVISION OF STATE VETERANS LIMIT.— The SPEAKER pro tempore. After 1 Mr. RANGEL. Mr. Speaker, I yield (1) IN GENERAL.—Subparagraph (B) of section hour of debate on the bill, as amended, myself such time as I may consume. 143(l)(3) (relating to volume limitation) is it shall be in order to consider the fur- Mr. Speaker, I welcome the oppor- amended to read as follows: ther amendment printed in House Re- tunity to join with the Republicans to ‘‘(B) STATE VETERANS LIMIT.— send this holiday message to millions ‘‘(i) IN GENERAL.—A State veterans limit for port 109–330, if offered by the gen- any calendar year is the amount equal to— tleman from New York (Mr. RANGEL) or of Americans that will be affected by ‘‘(I) $53,750,000 for the State of Texas, his designee, which shall be considered this bill, especially to the fraction of 1 ‘‘(II) $66,250,000 for the State of California, read, and shall be debatable for 1 hour, percent that would be the beneficiaries ‘‘(III) $25,000,000 for the State of Oregon, of a substantial reduction in capital ‘‘(IV) $25,000,000 for the State of Wisconsin, equally divided and controlled by the and proponent and an opponent. gains and corporate dividends. It is ‘‘(V) $25,000,000 for the State of Alaska. The gentleman from California (Mr. true, while this only represents 20 to 25 ‘‘(ii) PHASEIN.—In the case of calendar years THOMAS) and the gentleman from New percent of the bill, it should be made beginning before 2010, clause (i) shall be applied York (Mr. RANGEL) each will control 30 abundantly clear that these benefits by substituting for each of the dollar amounts minutes of debate on the bill. would not be effective until sometime therein by the applicable percentage. For pur- The Chair recognizes the gentleman in 2009 and 2010. poses of the preceding sentence, the applicable Now, I am here on the floor to try to percentage shall be determined in accordance from California. with the following table: Mr. THOMAS. Mr. Speaker, I yield get people to understand that this tax cut for the rich is really to grow the Applicable myself such time as I may consume. ‘‘Calendar Year: percentage is: Mr. Speaker, this is a bill that does economy, and I want to make it clear 2006 ...... 20 percent not deserve the kind of rhetoric that is to those people who have lost their jobs

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27782 CONGRESSIONAL RECORD—HOUSE December 8, 2005 and not counted among the unem- you should know that victory is in creases on millions of Americans and ployed, those that are looking at auto- sight and we are winning that too. So their families. mobile plants closing and airlines we do not want you to lose confidence Unless Congress acts, individuals will going bankrupt, that basically the in all of government. If you find out pay higher taxes on their savings; busi- economy is good, and it is good because that this bill rewards the richest of the nesses will lose valuable incentives to the President told us so. And if they do people in the United States whose in- provide research in the United States; not think that we are moving forward come is not going to be adversely af- small businesses will lose the ability to fast enough, then they ought to really fected, or their tax is adversely af- expense new equipment, essential to listen to the President as he shares fected for 3 or 4 years, but we have to the support of new employees. with us the great economic recovery do something to target the poor today, These are all benefits taxpayers have that has happened in Iraq, and if they then you have to have some trust in today, and our bill simply preserves are just a little patient, things will get the Republicans, because they say we them. The bill does not increase taxes. better here in the United States. have got to have victory in war, we The bill does not reduce taxes. The bill Now, we all know that whenever we have got to grow the economy, and this merely preserves the current tax policy that has driven 4.3 percent growth and give this type of tax cut that there is is the best thing that ever happened to is creating millions of new jobs. going to be a tremendous revenue loss, you. According to the IRS in my home Now, the Democrats are not just say- and in the last few days, that revenue State of Connecticut, there are 550,000 loss has been something like $100 bil- ing vote ‘‘no.’’ We will have an oppor- taxpayers who receive dividend in- lion. But fear not, because we are not tunity for Members to vote ‘‘yes.’’ And come; 153,000 of those have incomes charging all of this to the deficit. It is unlike the Republicans, we thought below $30,000 a year. Right now they true that as the deficit increases more enough of the alternative minimum tax pay 5 percent taxes on dividend in- than history ever expected under this to include it in reconciliation. What comes. In 2008 low-income taxpayers administration, that soon 40 percent of does that mean? It means it is pro- will pay zero taxes on dividend income. the tax revenues that we get will be tected when it gets over to the other If we fail to act, however, they will pay going just to pay the interest on this side, so we did not have to depend on taxes as high as 25 percent. outstanding debt, and that is why our 100 Senators sitting down and not ob- A widow living on $30,000 a year could Republican friends believe that we just jecting. It is in our bill. All of the good see her tax bill increase by $1,200 a cannot expand the deficit, that we have things that can come out of a bill, we year. That would be wrong. This bill to cut spending. have included, including relief for needs to be passed. It deserves to be Now, they have looked all over to the those people that have State taxes. passed. It also needs to be passed and to decide where to do the cutting. And And so, my friends in this holiday deserves to be passed because it ex- in this holiday season, I just want to season, you may find it very difficult if tends and enhances the R&D tax credit. join them in letting people know where you are unemployed, if you are con- At a time when other nations are pro- these cuts are going to take place. But cerned about the economy, or the cuts viding or have provided permanent and I do not want people to worry about it that we have, including Medicaid, richer incentives for research, we need because the President says that the which is only a $10 billion cut, but you to recognize the job-producing benefits economy is booming and the Repub- must trust the majority and the Re- of this tax credit. licans here say that the tax cuts for publicans in this House, because they, Mr. Speaker, we remain a world lead- the rich is for economic growth. So like the President of the United States, er in patents and discoveries, but other how can one be against that formula? say the economy is booming. We are nations are closing in. Advances in First of all, if one is a mother trying going to have victory in the Middle technology and innovation are what to raise her children and she got sup- East, and this is going to make it easi- drive growth and ultimately create port from the local and State govern- er for you, if not today, if not tomor- higher standards of living for all of us. ment to go after the father, or what- row, then sometime in the future. We need to ask ourselves, do we want ever the case may be, to get that Mr. Speaker, I reserve the balance of the next major scientific breakthrough money to take care of her and her fam- my time. to happen in Germany or China? Do we ily, not to worry, that this is going to Mr. THOMAS. Mr. Speaker, I yield want other countries to be the leaders be cut and she will not be able to get myself 30 seconds. in the patents for the next generation of technology? the money because under this bill, Mr. Speaker, perhaps the gentleman from New York (Mr. RANGEL) is not Finally, I would be remiss if I failed whether people know it or not, it is for to mention incentives for small busi- economic growth. aware that the Senate has included the alternative minimum tax in their rec- ness expensing. Small business is the b 1145 onciliation tax package. They have al- engine of our economy. Our bill allows Say you are considering using food ready voted on it. So there is no need small businesses to immediately ex- pense up to $100,000 of equipment. When stamps for your Christmas meal. You to provide any assurance from the we first adopted this provision, we saw find out that the food stamps are going House side, because the Senate has al- investment in equipment skyrocket, go to be cut. Not to worry, because soon ready included it. But, again, that is right straight up. Lowering the cost of there will be economic growth. reality. capital encourages small businesses to Maybe you are just a student trying The economy is not good because the invest in machines, trucks, and other to get a student loan, and you really President told us so. Leading economic equipment and hire new people. With 25 think that you should get some help indicators tell us so: the unemploy- million small businesses accounting for from your government because, after ment numbers, the productivity num- two of three new jobs created, expens- all, we want you to be productive and bers. The real problem with my friends ing supports these small businesses. make a contribution to society. Not to on the other side of the aisle is that if Mr. Speaker, I urge passage of this worry, these tax cuts are for economic reality does not coincide with their legislation. growth. rhetoric, they choose rhetoric rather Mr. RANGEL. Mr. Speaker, I yield What I do not understand, with all of than reality. myself such time as I may consume. the opportunity that we have had to Mr. Speaker, I yield 21⁄2 minutes to Mr. Speaker, I would just like to say take care of economic growth, why do the gentlewoman from Connecticut briefly, if the chairman of the Ways we wait until this time of the season (Mrs. JOHNSON). and Means Committee is saying that and target the least among us in order Mrs. JOHNSON of Connecticut. Mr. the alternative minimum tax is in the to do the budget cuts? Speaker, I rise today in support of the other body’s bill, then he must be say- It is not as though we do not have $2 Tax Relief Extension Act. Let me make ing that the tax cuts that we are talk- or $3 billion in terms of expenses in absolutely clear what this bill does. ing about today are not in the other Iraq, which if you did not know lately, The bill will prevent automatic tax in- body’s bill.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27783 So it is 3-card Molly. The House Re- give a tax break to the rich people. And What happened to revenues? Reve- publicans passed both of them, one on then finally we have foster children. nues increased. Yes, that is right. At the Suspension Calendar that is not Way down here in the bottom of the these lower tax rates, at these lower protected here, but is protected in the sock. We have $600 million taken away taxes, we increased revenues to the other body; and this bill which provides from the program that we took those Federal Government. Last year reve- for relief for the taxes for corporate children out of another family and nues went up 14 percent. Just this year dividends and capital gains, which is took responsibility for. We have taken individual income tax receipts are up protected in our bill, but is not in their these children away from a family we 14 percent. Corporate income tax re- bill. have accepted responsibility for in this ceipts are up 47 percent. And so what we are doing is shooting foster care payment, and we cut it and What happened to the deficit, Mr. dice to see which one will prevail. we give it to the rich folks. Speaker? The deficit projection in 2004 Mr. Speaker, I yield 31⁄2 minutes to Now, you kind of wonder what might was $521 billion. What is the deficit the gentleman from Washington (Mr. be left down here for the poor people. now? The deficit projection now is $319 MCDERMOTT). Well, look at that. A lump of coal. The billion. We dropped the deficit 23 per- Mr. MCDERMOTT. Mr. Speaker, I got poor people better save that lump of cent last year. We dropped the deficit up this morning and here is the Wash- coal, because there is nothing in here 25 percent last year. The deficit is ington Post’s eminent columnist, for their heating bills, the LIHEAP down because tax revenues are up. David Broder. He begins his story: ‘‘If program has not been expanded, and all Do not defeat this bill and raise the House of Representatives were a they are going to have to heat their taxes. Let’s stop tax increases. person, it would be blushing these house is the lump of coal that the Re- b 1200 days. Unfortunately, the House is be- publicans put in the poor people’s sock. yond embarrassment.’’ Merry Christmas. I certainly hope Mr. RANGEL. Mr. Speaker, I would Now, I used this before, but I wanted you enjoy all the festivities. This is a like to ask the gentleman just one to bring it out here again because I bad bill. Vote ‘‘no.’’ question on my time. think we need to demonstrate to people Mr. THOMAS. Mr. Speaker, I yield 2 These very important tax cuts or ex- what is going on. We have Christmas- minutes to the gentleman from Wis- tension of tax cuts you are talking time, and we have socks. We have poor consin (Mr. RYAN) to explain to the about, could you share with me as sim- people’s socks and rich people’s socks. gentleman from Washington that it is ply as possible as to when they expire, And the rich people need $100 billion in not a zero sum game that is what has what year? tax cuts. made the American standard of living. Mr. RYAN of Wisconsin. Each of The Republicans, for whatever rea- these tax cuts expire between this year son, have decided that it is $100 billion Mr. RYAN of Wisconsin. Mr. Speaker, I appreciate the gentleman yielding me and the next 2 years. It depends on the yesterday and today, $100 billion. Now tax cut you are talking about. where do you get the money for that? time. I also appreciate the fact that the Mr. RANGEL. The tax cut that we Well you have to cut somebody to get are talking about is the $20 billion in it. You have got to cut something, or gentleman from Washington is willing capital gains and corporate dividends. else you are going to drive up the def- to acknowledge Christmas here on the Does that not expire in 2009? icit. House floor. That is a nice step in the So the first thing you do is take child right direction. Don’t get rattled. care away from 300,000 children. And Mr. Speaker, let us look at the facts. Mr. RYAN of Wisconsin. Not at all. you put that in the sock, the stocking To hear the other side, you would Mr. RANGEL. It is just a simple of the rich. And then you have Social think we were taking a chain saw to question. Because there seems to be Security, SSI benefits for the disabled the budget. What we are proposing in some degree of urgency in this and un- and the elderly. And you take $700 mil- the budget is that we increase entitle- less it is a projected gift, then these lion away from them and put it into ment spending 6.3 percent instead of 6.4 things don’t expire this year or next the rich folks’ stocking. percent, saving $50 billion out of a $14 year. And then you come to child support trillion budget, by rooting out waste, Mr. RYAN of Wisconsin. If the gen- enforcement. We do not want children fraud and abuse by reforming govern- tleman will allow me to respond to his who are in divorced families to get ment. question. money from those deadbeat dads. That But let us talk about these tax cuts. Mr. RANGEL. Please. is not what the Republicans say. They You would think when we cut taxes in Mr. RYAN of Wisconsin. Why is it say, let us save $21 billion. We will take 2003 we would have lost revenues. important that we continue the tax re- it away from the children in divorces Right? That is the intuitive thing to lief progress that would expire in 2008 and put it in the rich people’s stocking. say. Wrong. That is not what happened. on dividends and capital gains? Be- And Medicaid. Oh, well, they do not Since the enactment of the 2003 tax cause those are job creators. need health care. Why, there is $10 bil- cuts, job losses went away. The unem- Mr. RANGEL. I think the gentleman lion we can take away from poor peo- ployment rate was 6.1 percent when we has answered the question. There is no ple’s health care and put it in the rich cut taxes. The unemployment rate is 5 urgency in this. You just want to give people’s stocking. percent. a projected Christmas gift to the very And then there is student loans, $14 Since we cut taxes, we have averaged wealthy. So I need some help on this. If billion from college students. We are a job creation every month of 148,000 I can’t get answers from you, I will get going to load it on them. That is the jobs. Just last month alone we added someone that can give answers. middle class. That is the lower-class 215,000 jobs to the economy. What hap- Mr. Speaker, I yield 3 minutes to the people who are trying to get through pened before we cut taxes? Before we gentleman from Massachusetts (Mr. on loans. We take their loans and we cut taxes, the 2 years before the tax NEAL) to answer some of these impor- say, no, no, no, no, the rich people need cut, our economy grew at an average of tant questions, a distinguished and ac- it. 1.1 percent. How fast is the economy knowledged expert in this on the Ways And then we have one of the best growing since the tax cuts? 4.1 percent. and Means Committee. ones of all: food stamps. Let us take How fast did the economy grow last Mr. NEAL of Massachusetts. Mr. food stamps away from 300,000 people; quarter? 4.3 percent. Speaker, I just heard the gentleman 300,000 people getting food stamps. Oh, Now, Mr. Speaker, what has hap- from Wisconsin talk about job cre- these are the rich. Oh, but we have to pened since we cut taxes is we have re- ation. He singled out one month. 22 cut them. We have to take this away versed the job loss, we have reversed million jobs created during the Clinton from them. the decline in jobs, and we have added years. 22 million. Economic growth has You cannot have food stamps, poor 4.4 million jobs to the American econ- been paltry and everybody knows it. In people or ordinary people; we got to omy since the 2003 tax cuts. addition to which he talked about the

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27784 CONGRESSIONAL RECORD—HOUSE December 8, 2005 deficit—with a straight face. They have Mr. NEAL of Massachusetts. Will the climate is the climate we need for rolled up the national deficit, $2.2 tril- gentleman yield? growth. We have seen, in fact, unem- lion we are in the hole. On their time Mr. THOMAS. No, it is a rhetorical ployment go from 6.1 percent down this has happened. question. over 1 point to 5 percent. Let me say this and I think it is very Mr. NEAL of Massachusetts. I am Despite challenges that this country important to point out, Mr. Speaker, happy to participate. has faced over the last couple of years, the Republican majority now says, as Mr. THOMAS. Whose time is it, Mr. including terrorist attacks and natural they did yesterday with a straight face, Speaker? disasters, we have still seen an increase incidentally, well, the Democrats did The SPEAKER pro tempore (Mr. of job creation. not do anything about the alternative GINGREY). The gentleman from Cali- Now, if anybody at the end of August minimum tax when they were in the fornia (Mr. THOMAS) has the time. and the beginning of September ex- majority. In 1994, and I hope that any- Mr. THOMAS. Either he was voting pected that we would see 215,000 jobs body who is listening to this will write to protect the incomes of the very rich created in the United States in the last this number down, when the Repub- in Massachusetts or he exercised a fu- month, I do not think you are telling licans took control of the House of tile procedure. me the truth. But the good climate Representatives there were approxi- There were four Members of his party that was created by those cuts made it mately 200,000 people paying AMT, who voted no. He had an opportunity, if happen. 200,000 people. Next year 19.3 million he believed it was not real to vote no. We need to continue good policy. We people are kicked into AMT. He voted yes. The problem is they al- need to realize what good policy is. I would like to think, as the gen- ways want it both ways. Good policy is allowing the people to tleman from New York has indicated, Mr. Speaker, I yield 21⁄2 minutes to invest their money, create jobs, create that I have had some consistency on the gentlewoman from Pennsylvania a strong economy and create job the issue of alternative minimum tax, (Ms. HART), a member of the com- growth. I urge my colleagues to con- not only in the committee, but here on mittee. tinue this situation and not allow a tax the House floor. We did a big nothing Ms. HART. Mr. Speaker, I thank the increase on the American public. yesterday about AMT and everybody chairman for yielding me time. Mr. THOMAS. Mr. Speaker, I yield knows it. 19.3 million people next year Mr. Speaker, I rise in support of H.R. the remainder of my time to the gen- are kicked into AMT. But the House of 4297 because this legislation will ensure tleman from Michigan, the chairman of Representatives had time to repeal the that our economy will continue to ex- the Select Revenue Subcommittee, and estate tax and now to address the divi- pand. That is right, expand. ask unanimous consent that Mr. CAMP dend and capital gains tax, but they If you would listen to those on the control the remainder of my time. really never have time to do anything other side of the aisle, you would think The SPEAKER pro tempore. Is there about AMT. And the reason they do not that we are in a shrinking economy. objection to the request of the gen- have time to do anything about AMT is However, since the capital gains and tleman from California? pretty simple, it goes to middle income dividend taxes were reduced in 2003, we There was no objection. Americans to bear that burden. have seen ten straight quarters of what Mr. RANGEL. Mr. Speaker, I yield 30 So if we do not have time here to do is it? Growth. seconds to the gentleman from Massa- something for the wealthy, we really Now, what does growth mean? It chusetts (Mr. NEAL) to give a rhetor- do not have time to do anything. We means more jobs. It means more oppor- ical response to the chairman’s ques- are rich and we are not going to take it tunity. I spoke recently with an entre- tion. anymore. We watch these numbers as preneur group back home, women who Mr. NEAL of Massachusetts. Mr. they are presented to us. The Repub- started businesses in their homes. Most Speaker, I thank the gentleman from lican party, at one time, stood for anti- of them have children and did not want New York (Mr. RANGEL) for yielding me Communism and balanced budgets. to be out of the house all the time, time. Well, Communism is gone and the defi- very small businesses. And you know The chairman did raise a rhetorical cits have really soared, all from a what they said to me their top priority question. Let me give a rhetorical an- party that preaches fiscal discipline. is? Make sure you extend the capital They have rolled those deficits up for swer. gains cuts. Make sure you make sure We are all so desperate here after one reason, after, by the way, robbing you pass legislation that will prevent a the Social Security trust fund to pay these 10 years of Republican rule to do tax increase. for tax cuts for the wealthiest. In this something about AMT we are prepared That is what we are doing today. Pre- institution we hear, well, the Social to vote for any procedure that comes venting a tax increase on these entre- Security trust fund is going broke. It is before this institution just to hopefully preneurs who, one by one, are creating going broke because they took $2 tril- move it along. lion out of it in tax cuts during the new jobs in our economy. The national Remember, when the Republicans next 10 years. There is no pressure to economy has produced impressive took control, 200,000 people were pay- do what we have to do today. They are growth. Our pro-growth policy will ing AMT. Next year 19.3 million people contributing to the national deficit, continue only if we do not increase will be paying alternative minimum contributing to the debt, all under the taxes. In the 10 quarters prior to the tax. guise of paying for tax cuts for the passage of this legislation, we averaged Mr. RANGEL. Mr. Speaker, I yield 2 wealthiest among us. just 1.2 percent of growth, never ex- minutes to the gentleman from North Lastly, I defy anybody here to not ceeded 2.9. In the 10 quarters since, we Dakota (Mr. POMEROY), a distinguished acknowledge this static. The dividend have averaged 3.3 percent of growth member of the Ways and Means Com- relief bill that we are entertaining here and have averaged over 4 percent. Now, mittee. overwhelmingly 53 percent of that ben- I think 4 percent growth is better than Mr. POMEROY. Mr. Speaker, I thank efit goes to people who made more than 1 percent growth. And if we do not con- the gentleman for yielding. $1 million last year. That is where we tinue this tax situation and increase The preceding speaker on the Repub- find ourselves now. taxes, we will see our growth go away. lican side said we have got to pass this, Mr. THOMAS. Mr. Speaker, I yield What does this mean, this business we have got to continue the pro-growth myself such time as I may consume to investment that happens because of the policies. She was talking specifically ask a rhetorical question. capital gains reduction, the dividends as she referenced capital gains and If the gentleman from Massachusetts reduction? It means new jobs. In a dis- dividends. Well, the fact is the very tax (Mr. NEAL) voted yes on this alter- trict like mine where we need new jobs, cuts that she is talking about remain native minimum tax bill yesterday he and I know some Members on the other in place. They are in existing law for either was protecting the very rich in side of the aisle apparently have more 2006, for 2007, for 2008. Doing nothing Massachusetts. jobs than they need, we need jobs. This keeps the very provisions she was

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27785 hyperventilating about just a moment I think, Mr. Speaker, we all under- member of the Ways and Means Com- ago. stand the benefit of hindsight and his- mittee. But what is the matter then? If we tory is full of valuable lessons. I en- Mr. ENGLISH of Pennsylvania. Mr. got them and we got them through courage my colleagues to use the bene- Speaker, today we have the oppor- 2008, why not kick them out through fits of hindsight and the facts of his- tunity to pass a bill that I believe will 2009 and 2010? This is the reason. This tory to support this tax relief exten- provide a powerful tonic for continued is the national debt. This fall it went sion today and the policies that led un- economic growth as a precedent for so- north of $8 trillion. deniably to opportunities of growth cial justice. I brought this chart to illustrate and prosperity for every single Amer- Since 2003, when much of the current what a huge burden we are racking up ican. Because not to do so, Mr. Speak- tax policies were enacted, our GDP has for our children. This averages out to er, is the thing that would be truly seen its fastest growth in 20 years, $27,000 of debt per person. And in this hard to imagine. averaging a robust 4.4 percent growth environment, the majority in bringing Mr. RANGEL. Mr. Speaker, I yield 2 per quarter. This growth, Mr. Speaker, this bill to the floor today after yester- minutes to the gentleman from Texas is attributable in part to reduced rates day’s vote will be passing $87 billion in (Mr. DOGGETT), a distinguished member on capital gains and dividends. additional tax cuts that are not paid of the Ways and Means Committee. I would like to highlight who in the for. Mr. DOGGETT. Mr. Speaker, when real world is receiving these reduced Alan Greenspan has got some words this administration took over the rates and, therefore, whose taxes we of caution on this. He was quoted in White House, the United States en- will be raising if we fail to extend these November saying, We should not be joyed a multi-billion dollar budget sur- existing policies. Mr. Speaker, 54 percent of those fam- cutting taxes by borrowing. Well, when plus. But a Republican-controlled Con- they do not pay for their tax cuts, they ilies receiving dividend income had in- gress proved unable to stay the course. are basically borrowing, leaving the comes of less than $75,000, and they re- Instead, our public surplus has been debt to our children to offset the fund- ceived an average of $1,400 in dividends. surrendered—surrendered to special in- ing of these tax cuts, just what Green- Today, families with incomes under terests and their corrupt coterie of cro- span warns against. $100,000 have more than $20 billion in Earlier in the month of December, nies. dividend income. In 2005, an estimated just last week, he says, An expected Every time Big Oil or Halliburton or 10.3 million families in the 10 and 15 deficit casts an ever larger shadow over some other corporation that shifts its percent tax brackets will save on their the growth of living standards. In the jobs and its profits offshore comes up taxes because of the existing tax poli- end, the consequences for the U.S. here and asks for another tax break, cies. economy could be severe. this Congress waves the white flag of So the rhetoric that this tax relief The dirty little secret in this budget surrender. The commitment to any fis- only benefits the wealthy is vacant, reconciliation plan is that it increases cal discipline is in full retreat. Now we ideological posturing. borrowing authority for this country have huge deficits as far as the eye can To let these rates expire would sim- nearly $1 trillion, from 750 to $780 bil- see. ply be a tax increase on the productive lion of additional debt they will be au- b 1215 sector of the American economy. Not thorizing to fund the tax cuts that they only would the lapse of the reduced At a time of war, Republicans de- want to commence. rates impose a tax increase; it would mand no sacrifice from those at the As they talk about growth, don’t be- particularly discourage equity owner- top, no sacrifice from multinational lieve it. They would not have to in- ship among working families, among corporations; and they demand that crease the borrowing limit to this whom we have seen a 91 percent in- those at the bottom sacrifice their all. country if this all worked. They are crease in stock ownership. adding to the debt to pass tax cuts dis- Under this bill, the few individuals To turn back the clock on our tax proportionately for the wealthiest. making over $1 million per year are re- policies that have benefited American Mr. CAMP. Mr. Speaker, I yield 2 warded, on the average, with over workers and encourage more American minutes to the gentleman from Indiana $50,000 in tax breaks. So those at the workers to own a stake in their future (Mr. CHOCOLA), a distinguished member top, they can add another fancy foreign is simply the wrong thing to do. of the Ways and Means Committee. car to their fleet. But for the many Mr. Speaker, those who oppose this Mr. CHOCOLA. Mr. Speaker, imagine who are earning up to $40,000 a year, legislation are asking for a perverse if we could bring a piece of legislation that is over half of the people of the tax increase on the seed corn of our to the floor of this House that would, United States, they get an average of economy and are suggesting that we over the next 30-month period of time, $30, maybe enough for a full tank of impose a drag on economic growth at a result in benefits that every American gas. time when we need it the most. We could share in. Things like increasing Once again, America sees that a true cannot afford not to pass this legisla- business investments by 25 percent, Republican Christmas is one where tion today if we are serious about growing the value of the stock market only the silk stockings get stuffed. And growing our economy. by over $4 trillion. Creating 4.4 million when the bill for this lavish Christmas Mr. RANGEL. Mr. Speaker, I yield 2 new jobs. Reducing the unemployment give-away comes due, who is going to minutes to the gentleman from Cali- from 6.3 to 5 percent. Having quarterly pay? Our children will pick up the tab fornia (Mr. THOMPSON), a distinguished GDP grow at an average of 4.1 percent. in the form of endless national debt member of the Ways and Means Com- Increase tax receipts by $274 billion and with cuts to child care, cuts to as- mittee. over a 12-month period of time, a 15 sistance to abused and neglected chil- Mr. THOMPSON of California. I percent increase, the largest in 25 dren, cuts to child support enforce- thank the gentleman for yielding. years. And decrease the deficit over ment, and cuts to student financial as- Mr. Speaker, just 2 weeks ago, the that same 12-month period of time by sistance. majority came down to the floor and over $100 billion. The tax-writing body in this Cham- cut $50 billion from services for middle- Mr. Speaker, it would be hard to ber has truly become the ‘‘Committee class workers, students, hungry chil- imagine that we would not all support on Greedy Ways and Shifty Means.’’ dren, farmers, and single moms. Today, that, but I guess it is not hard to imag- And this will be remembered as the they are back with part two, pushing ine, given the conversation here today, ‘‘Cut-and-Run’’ Congress, cutting taxes almost $60 billion in tax breaks for but that is exactly what this body did greatly for the few, while running tril- Americans who need help the least. when we passed tax relief in 2003. And lion-dollar deficits for the rest of us. Sadly, they are trying to peddle this as today we are simply extending these Mr. CAMP. Mr. Speaker, I yield 2 deficit reduction. pro-growth tax policies that have led minutes to the gentleman from Penn- Mr. Speaker, you cannot spend $10 to this historic economic growth. sylvania (Mr. ENGLISH), a distinguished billion more than you cut and call it

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27786 CONGRESSIONAL RECORD—HOUSE December 8, 2005 deficit reduction. Our constituents how this is going to affect the top peo- magnitude that has not occurred in 300 know that these numbers do not add ple, the people right at the top of the years either destroyed or flooded their up, and they also know that these pri- income level. I would like to point out homes. orities do not add up. who is going to benefit from the re- Now they have no home. They have a This bill grows the deficit, and it duced rate on dividends. mortgage to pay, and their insurance turns a blind eye to the tax increase Nearly 60 percent of the Americans company, which contributes heavily to the middle class will face in just an- receiving capital gains or dividend in- the folks over there, says you are not other 23 days. That is when the relief come have incomes of less than getting a dime because that was water for the alternative minimum tax, or $100,000; and believe me, that is not and not wind, but they will use any ex- the AMT, expires. If AMT expires, 16 millionaires, and you can even take it cuse they can. million new families will start paying down to $50,000 and find one in five will I have introduced legislation to try this tax next year. That is a tax in- benefit from the capital gains deduc- to help those folks, and it is expensive. crease. tion because of incomes under $50,000. It is going to cost about $5 billion to This is an issue that hits home for Those are not millionaires, but let us help those folks hang on to their homes my constituents. California is hit hard- get down to talk about why we are and hang on to their mortgage; and in er by AMT than any other State in the doing it now. 102 days we have not had a hearing or country. Almost a quarter of the reve- If we were to allow the capital gains a vote on it. But if you are a member nues that come from the Treasury from rate to expire and jump back up and in- of the political contributor class, the AMT come directly from California. If crease, what we are simply doing is guys who write the big checks to the AMT relief is not extended, that num- pushing back the increase so they do RNC, guys who write a big check to a ber will increase. not increase. This is very important, Congressman here, Senator there, we This legislation extends tax cuts that and it is important for capital forma- have got a vote on your tax cut that are not even close to expiring, cuts tion. It is important for planning your does not even expire for 3 years. that are on the books for another 3 life and future and what you are going You want to know what this House’s years. It changes more than 25 dif- to be able to do; and also, I think that priorities are? It is not with the aver- ferent tax provisions; but somehow, it is just good sense. It is good for our age Joes. It is with the political con- our friends in the majority could not economy. Our economy has grown tributor class. You call them what you find room for AMT relief: 16 million under this structure, and let us let the want. You can call them rich, but we new families impacted, 23 days until economy continue to grow. all know it comes down to who writes expiration, zero regard for the middle Mr. RANGEL. Mr. Speaker, I yield the checks. class. myself such time as I may consume. By the way, the guy on Coleman Ave- I urge my colleagues to vote against I am so glad to hear my friend from nue whose house washed away, he does this irresponsible legislation and sup- Florida talk about the economic not write big checks. So maybe that is port the Rangel substitute. The sub- growth that we can expect by making why you do not listen to him. It has stitute extends immediately-expiring certain that the capital gains tax cut been 102 days, and you have done noth- tax provisions, and it protects our mid- and the corporate dividend tax cut do ing. There is no talk of doing anything. dle-class families from AMT. not expire. What bewilders most people There are 12,000 Mississippians wait- Mr. CAMP of Michigan. Mr. Speaker, is that this does not expire until 2008. ing on a FEMA trailer. So what do you I yield 2 minutes to the gentleman Nobody would be adversely affected bring to the floor? Is it hurricane re- from Florida (Mr. SHAW), a distin- until 2009, and unless the gentleman lief? Is it something to help the aver- guished member of the Ways and does not believe he will be in the ma- age Joes? It is a tax break for the Means Committee and chairman of the jority in the next few years, I do not wealthiest 1 percent of America who, Trade Subcommittee. see why he would have to say that peo- by the way, write the big checks to the Mr. SHAW. Mr. Speaker, I thank the ple who are out of work, who are look- political parties. Tell me your prior- gentleman from Michigan for yielding ing for work, who have lost their pen- ities are not screwed up, because I am me this time. I have been listening to the debate sion should believe that this tax cut going to tell you they are. here on the floor. I have yet to hear that will continue to 2009 is going to Mr. CAMP of Michigan. Mr. Speaker, anybody from the other side say that help them. I yield myself such time as I may con- the reduction in capital gains does not But maybe the gentleman from Mis- sume. stimulate the economy or say that any sissippi, who understands that not I just want to point out to the Mem- of these items are bad for the economy. many of his constituents are going to bers that yesterday the House passed All we have heard from the other side understand this, might clarify some of the Gulf Opportunities Zone Act 415–4 is class warfare, who is getting what. the problems we have. which dealt with many items to help Well, I can tell you who is getting Mr. Speaker, it is my pleasure to gulf coast area residents who had been what, and we can go down this thing. yield 3 minutes to the gentleman from hurt by the hurricane, incentives to My folks in Florida want to be able Mississippi (Mr. TAYLOR), who really help rebuild housing, investment to to deduct State and local sales taxes. knows what economic growth should provide depreciation and expensing for What is wrong with that? People in be. small businesses, bonding authority so New York, they can deduct their in- Mr. TAYLOR of Mississippi. Mr. that tax-exempt bond authority could come tax. So why can Floridians not Speaker, I thank the gentleman for help rebuild devastated infrastructure deduct their sales tax and other yielding me time. in the hurricane zone. States? Last night, about 12,000 Mississip- So this House has acted to help hur- Research and experiment tax credit, pians went to bed in somebody else’s ricane victims. who can be against that? It keeps us house or in their carport or in their car Mr. Speaker, I yield 21⁄2 minutes to sharp and competitive in the world or in their tent. They are waiting on a the gentleman from Arizona (Mr. market. FEMA trailer. I did not promise them a HAYWORTH), a distinguished member of Above-the-line deduction for higher FEMA trailer. The President of the the Ways and Means Committee. education expenses. Are we against al- United States did. He has not fulfilled Mr. HAYWORTH. Mr. Speaker, I rise lowing people to deduct their education that promise yet. It is over 102 days in strong support of the legislation pre- expenses? past the storm. cisely because of the challenges out- How about an above-the-line deduc- As we speak, there are tens of thou- lined by my friend from Mississippi. tion for out-of-pocket teacher class- sands of Mississippians, average Joes, As my friend from Michigan just room expenses, are you against that? who are about to lose their house. See, pointed out, yesterday this House took All we are hearing about is, well, why they lived outside the flood plain. They steps to reignite the engines of eco- are you doing it for capital gains and had wind insurance, and a storm of nomic opportunity, to deal with job

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creation and getting help to the people ing in the Mississippi National Guard Colorado, Congresswoman MUSGRAVE, a of the gulf coast. I would assure this over in Iraq. member of the Small Business Com- House, Mr. Speaker, this is not some You have not done that for 102 days. mittee, and we explored the effect of at sort of abstraction. Mr. RANGEL. Mr. Speaker, I yield least one of those tax cuts that we are As my friend from Mississippi knows, 21⁄2 minutes to the gentleman from Illi- talking about extending today, section Brother Rex Yancey, the pastor of nois (Mr. EMANUEL), a distinguished 17, which increases the allowable ex- First Baptist Church in Pascagoula, is Member of the Ways and Means Com- pensing limits from $25,000 on depre- my wife’s uncle. This is not some sort mittee. ciable assets to $100,000. of statistic or abstraction. Just as Mr. EMANUEL. Mr. Speaker, I rise Now, I think Linda Jones, the owner Brother Rex and everyone in Mis- today in strong opposition to this Re- of Area Rentals back in Westminster, sissippi and on the gulf coast are facing publican plan for the wealthiest Ameri- Colorado, will be delighted to under- challenges, we need to work together cans. stand that she is a member of a special to make sure the climate of economic President Kennedy once said, ‘‘To interest and must surely be rich, by opportunity exists for all. govern is to choose.’’ So let us look at definition, because she got a tax break. Just as heartfelt as his concern is for the choices. This tax cut falls on the What she did with that was, in 2003, she his constituents, Mr. Speaker, I must heels of a deficit reduction plan passed used $57,000 of the allowable expensing correct the record. It does this House before Thanksgiving that cut chil- limits to purchase some additional no service to come to this well, no mat- dren’s health care, child care assist- equipment that she rents in her store. ter the challenges confronted, and try ance, college aid, child support, and And because she saved a little over to claim either class warfare or crass will actually increase the deficit by $20 $7,300 in tax expense, and that came political opportunism in a quid pro billion. That is what they refer to as the same year she got a 30 percent in- quo. It is beneath the dignity of every new math in America. crease in her employees’ health care Member of this House to suggest that What kind of Congress calls this fis- costs, she was able to maintain cov- somehow this has to do with contribu- cal responsibility? A Republican Con- erage for health care for her employ- tions. gress, but of course. ees. The very next year she used an ad- As my friend from Mississippi knows, With all the problems facing middle- ditional $64,000 of the expensing allow- the most philanthropic State in the class Americans, soaring energy costs, ance to purchase even more equipment Union where people step up to help coupled on top of skyrocketing health to expand her store, keep jobs, and, in neighbors in need, that example does care costs, educational expenses, and fact, increase jobs. not fall on deaf ears. I will say eco- flat incomes 5 years in a row, what is Ron Lautzenheiser must be among nomic opportunity is important, not the solution offered by this Republican the rich and the special interests, too, only for Wall Street, not only for Main Congress? Cut capital gains and divi- except he runs a big old tire center Street but for your street, Mr. Speak- dend taxes for millionaires. back in Fort Collins. When he did his er, for every street because we under- It is time for a change in new prior- calculations, wanting to expand, the stand economic opportunity is not ex- ities rather than that same old tired increase in expensing limits contained clusive. failed policies that got America to in section 179 allowed him to figure out There may be some who believe that where it is today. how to do that. He added two new this modern economy is some sort of This budget cuts $9.5 billion, ad- stores and went from one big old tire caste system. There may be some who versely affecting $6 million children’s center employing but a handful of peo- always want to fill in the blank as fol- health care. It cuts 40,000 children from ple to now employing 50 people in three lows: tax breaks for the blank, tax nutritional assistance. It cuts child stores. breaks for the rich. That is their story care assistance leaving 330,000 children This is commonsense legislation for and they are sticking to it. No hope, no without child care assistance. It cuts the real people back home, and I urge opportunity when the facts are other- $14.5 billion from student aid and col- its adoption. wise. lege assistance. It cuts child support Mr. RANGEL. Mr. Speaker, I reserve We have had solid economic growth. collections $4.5 billion. the balance of my time, having only Revenues to the government have actu- This budget gives a whole new mean- one speaker remaining, until the other ally increased. ing to women and children first. And side reaches that point. what do they do in return? Fifty-three Mr. CAMP. Mr. Speaker, I yield 2 b 1230 percent of the benefits of this tax cut minutes to the gentleman from Cali- And not only has there been some $69 on dividends and capital gains goes to fornia (Mr. HERGER), a distinguished billion in immediate hurricane relief people earning $1 million or more, and member of the Ways and Means Com- given by this Congress and this govern- 62 percent of the benefits go to those mittee and chairman of the Human Re- ment to the storm victims, but the earning $500,000 or more. sources Subcommittee. promise of future help and economic What kind of Congress would throw Mr. HERGER. Mr. Speaker, today’s prosperity as the people of the gulf children over the side to pay for more legislation contains a number of im- coast get back on their feet. tax cuts for the wealthiest Americans? portant tax relief provisions, including Stand up for growth and opportunity. A Republican Congress, but of course. an expanded research and development Pass this legislation. These are the wrong priorities for credit to keep American innovation Mr. RANGEL. Mr. Speaker, I had an America. We can do better. It is time competitive; and one supported by my old law professor, and he once told me, for a change and for a new direction. friend from Wisconsin, Paul Ryan, if you don’t have the facts going for Mr. CAMP. Mr. Speaker, I yield 2 which would adjust the qualified vet- you, raise your voice. I never under- minutes to the gentleman from Colo- erans mortgage bond program and ex- stood it, but I do now. rado (Mr. BEAUPREZ), a distinguished pand access to affordable home loans Mr. Speaker, I yield 30 seconds to the member of the Ways and Means Com- for California veterans who served gentleman from Mississippi (Mr. TAY- mittee. after 1977. LOR) to share with us what economic Mr. BEAUPREZ. Mr. Speaker, this In addition, the bill before us in- growth means to him under this bill. has been an interesting debate, as it al- cludes a measure that I have long sup- Mr. TAYLOR of Mississippi. Mr. ways seems like it is these days in this ported to facilitate greater small busi- Speaker, I want to remind the gen- House. In 2003, I actually thought we ness growth. Small businesses are the tleman that when your house is washed did some very good things with the tax backbone of our economy, representing away, your job is washed away. You are cuts we implemented, and I thought we over half of all jobs and economic out- not looking for a tax break. You are did them for families back home in all put. The section 17 extension in this looking for your fellow Americans to of our districts. So on August 2, 2005, I bill will enable small businesses to help you out while your kids are serv- joined with a colleague of mine from write off new capital investment up to

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November report, 61 percent of small resent, we can always think of that gas Mr. Speaker, I am proud to support business owners reported capital out- station on a corner that has been this bill and urge my colleagues to sup- lays over the past 6 months, including closed for 20 years and which sat aban- port it. new equipment and vehicle purchases, doned, with no one buying it. Mr. CAMP. Mr. Speaker, I yield 1 furniture purchases, existing facility And if you ask the local real estate minute to the gentleman from Ohio expansion, and improvement in new fa- people or the local economic develop- (Mr. TURNER). cility construction. ment people why, they say, well, they Mr. TURNER. Mr. Speaker, I support Small business expensing works and had some petroleum contamination H.R. 4297, the Tax Relief Extension it helps drive job creation in areas like there. If somebody buys it, they have Reconciliation Act, which provides ex- my own northern California Congres- to pick up the cost. It does not qualify tensions for incentives for brownfields sional District. Unfortunately, the cur- for the LUST program. So the investor remediation, a vital tool for national rent expensing limits are set to return who purchases that old abandoned gas economic growth and for our Nation’s to significantly lower levels if we do station has to pick up the cost. cities. I want to echo the comments of not extend this provision. With this legislation, we expand the my colleague, JERRY WELLER, and ap- Mr. Speaker, I would like to thank brownfields tax incentive to include pe- plaud his efforts for supporting the re- Chairman THOMAS and the members of troleum. So whether it is oil factories, mediation of brownfields. the committee for their support of gas stations, transportation hubs, or Brownfields are found in every State small businesses, and I urge my col- rail yards, we give that opportunity to and in every Congressional District. leagues to vote for the legislation be- recycle, renew, and revitalize. Estimates range from 500,000 to 1 mil- fore us today. Mr. CAMP. Mr. Speaker, I yield 2 lion brownfields sites across the Na- Mr. RANGEL. Mr. Speaker, I con- minutes to the gentleman from Texas tion, covering roughly 400,000 acres. Private investment is essential for tinue to reserve the balance of my (Mr. SAM JOHNSON), a distinguished urban growth. The expensing extension time. member of the Ways and Means Com- is a tool businesses can use to invest in Mr. CAMP. Mr. Speaker, I yield 2 mittee. minutes to the gentleman from Illinois Mr. SAM JOHNSON of Texas. Mr. urban redevelopment. In fact, it is esti- mated that brownfields redevelopment (Mr. WELLER), a distinguished member Speaker, I am pleased to rise today in of the Ways and Means Committee. support of this bill and the resilient could generate as much as $1.2 billion Mr. WELLER. Mr. Speaker, I thank American economy. This act will build annually in new tax revenue for Amer- the gentleman for yielding me this on our legacy of tax relief that is fuel- ican cities. time, and for his leadership on this ing our economy, and will extend some b 1245 issue as well as many others. very important tax provisions that will Brownfields are a major concern to It is good to be in the House doing keep America’s economy moving for- America’s cities, and we must provide something that is pretty basic. I sup- ward. as many incentives as necessary to port this legislation. I would note that Freedom and free enterprise go hand- clean up these contaminated sites, if you vote ‘‘no,’’ you are actually vot- in-hand. And keeping tax rates low so bring businesses back into our cities, ing to increase taxes because this is people have more of their hard-earned and continue strong economic growth. legislation simply extending current money in their pockets is the right This extension is an important first law that expires in the coming year. way to go. step toward redeveloping our Nation’s I also want to point out a provision Texans want, need, and deserve to brownfields, but much work is yet to that is very, very important in dis- have their sales tax deduction ex- be done. I urge my colleagues to sup- tricts like mine, in areas like the Chi- tended. It is vitally important for port this important issue and vote in cago suburban area, because it is legis- Texas. In Texas, we like to say ‘‘no new favor of H.R. 4297. lation that addresses the need to revi- taxes.’’ We finance our spending Mr. RANGEL. Mr. Speaker, I yield talize old urban areas, to recycle, and through a sales tax. In 2004, we made for a unanimous consent request to the to use old abandoned industrial sites. sales taxes deductible from Federal gentleman from American Samoa (Mr. That is the brownfields provision. taxes again, but that deduction expires FALEOMAVAEGA). I have worked over a number of years in just a few weeks. My constituents Mr. FALEOMAVAEGA. Mr. Speaker, with Chairman THOMAS and others, and want to keep the sales tax deduction. I include my remarks on deliberations we have worked in a bipartisan way, to This bill will allow any American to on this bill. find ways to encourage reinvestment in choose to deduct either State sales tax Mr. Speaker, as a matter of public record, I old abandoned industrial sites. You or their State income tax through 2006. wish to thank the Honorable WILLIAM THOMAS, will find, in many cases, that these old That is a great idea. Chairman of the House Committee on Ways industrial sites have environmental Next, this bill extends the popular re- and Means, for his unwavering support in sav- contamination, and because of that in- search and experiment tax credit. ing the jobs of more than 5,000 tuna cannery vestors would much rather go out and Luckily, we fine-tuned it to make it workers and the economy of American Samoa buy a cornfield, a greenfield site, and work even better. Many companies in for future generations. Chairman THOMAS is a create an industrial park, which con- our districts will be able to use this true friend of our people. He stood with us sumes five to six times as much land, new alternative simplified credit. They during the Andean Trade debate and he is creates urban sprawl, and also costs will be able to add good research and standing with us again on an extension of 936 the taxpayers more because you have create new jobs because of it. This ex- tax credits for American Samoa until such time to replace the water and the sewer and tension and expansion of the credit are as a more long-term solution can be put in the infrastructure and the roads. great for American jobs and our econ- place once the GAO and Joint Committee on Well, in the coming year, the envi- omy. Taxation complete their reports regarding the ronmental cleanup provision for Finally, we must extend the tax rate impact of Federal tax policy in the insular pos- brownfields, that tax incentive, ex- reduction on capital gains and divi- sessions. pires. So we extend that. But we also dends. This pro-growth policy helped I also thank the Honorable CHARLES RAN- do something more, which I think is spark the economy that we are seeing GEL, Ranking Member of the House Com- very, very important. And, really, the today. People and companies need to mittee on Ways and Means. Congressman

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RANGEL is also a friend of American Samoa of taking care of them in the bill that will be eligible for incentives for hiring and has championed our cause on each and is before us, they have decided to just low-income Americans transitioning every trade agreement that has come before send a message over there to tell the from welfare to work, getting on that the U.S. Congress. He also supports our ex- Senate if you would like, by unanimous first rung of the economic ladder, and tension of 936 tax credits for an additional consent, and if no one objects, then you States and local governments will con- year. can take care of the AMT problem. tinue to be able to qualify for tax cred- At a time when our Nation is faced with pay- We do not do this as Democrats. We it bonds to help repair schools, pur- ing for the war in Iraq and helping the victims take care of it up front. We take care chase school equipment and train of Hurricane Katrina, I know the inclusion of of the military, we take care of those teachers in economically distressed American Samoa in H.R. 4297 was no easy people from Hurricane Katrina, and we areas. task. I also know it was no easy task for my take care of the job credits that are These are just a handful of the im- Democratic friends to allow this amendment to important. We take care of those portant tax benefits this bill will pro- be included when on principle there is dis- things that are important in our sub- vide to low- and middle-income Ameri- agreement about tax cuts and government stitute. cans and small business owners. spending. In this holiday season, we really do This bill is also a big win for our Na- While I appreciate the concerns we share not believe that you ought to take $10 tion’s economy; and without a strong and respect the fundamental differences be- billion out of health care for the poor- economy, we will not see families tween us, the possession tax credit offered by est people in this country. We do not achieve the kind of economic independ- section 936 of the Internal Revenue Code of believe that you should, in order to pay ence they need to realize the American 1986 has encouraged two U.S. tuna canneries for this bill, that you should cut food Dream. This bill reauthorizes and which employ more than 5,150 people or 74 stamps. We do not believe that stu- strengthens the research and develop- percent of the workforce to remain and invest dents that have been getting help from ment tax credit amendment which in American Samoa. More than 80% of Amer- this great government of ours should passed the committee with a unani- ican Samoa’s private sector economy is de- be adversely affected to pay for this mous vote. It is a valuable tool in pro- pendent either directly or indirectly on these tax cut. moting U.S. businesses to innovate. So we ask you to really consider in canneries and a decrease in production or de- When I hear about distressed manu- this holiday season these families that parture of one or both of the two canneries in facturers in Michigan, one of the main have kids in foster care, these families American Samoa could devastate the local issues they are competing on is to in- that are having their benefits not being economy resulting in massive layoffs and in- novate and find the newest technology received because we are letting them surmountable financial difficulties. to remain competitive in a global econ- down. You just weigh this and ask, is For this reason, I again thank the Chairman omy. Michigan’s economy, my home there any equity involved in this? If and Ranking Member and my Republican and State, is closely tied to the ability of you want to give these tax cuts, why do Democratic friends for working with me to in- Michigan companies to make a sus- you not wait until the thing expires? clude an extension of 936 tax credits for tained commitment to long-term, high- Perhaps we will have a new Congress. American Samoa in H.R. 4297. Only 27 provi- cost research. The manufacturing sec- Perhaps there will be new equity. Per- sions were included and most tax credits were tor in the United States is the highest haps it can be discussed. Perhaps the only extended for a year due to budgetary user of the research and development committee members, Democrats and concerns and, in the case of the possession tax credit. Michigan, for example, is Republicans, would come together and tax credit, pending reports which will guide the one of the top 10 States in reported re- find out not what is just good for the Committee next year. search and development activity with Again, given how serious this issue is for wealthy, but what is good for the more than 1,300 companies performing American Samoa, I urge support of H.R. 4297 strength of this great Nation of ours. research and development in that and I thank the Chairman for supporting my One of the greatest threats to our na- State. request to include language in the conference tional security is poverty. One of the This bill is a positive piece of legisla- report to provide for the development of a greatest threats to our national secu- tion across the board. It helps small comprehensive long-term policy for American rity is the inability to get an edu- and low-income businesses and working Samoa once the GAO and the Joint Com- cation. The people who died in Hurri- families, as well as helps our manufac- mittee on Taxation complete their reports. cane Katrina did not die because of Mr. RANGEL. Mr. Speaker, I yield their color. The hurricane was color turers to rebound, and also our high- myself the balance of my time. blind. But they died because they were tech community to stay competitive in Mr. Speaker, we have now come to poor. Why can we not invest and make a global economy. I urge my colleagues the conclusion of this debate, and I certain that all Americans, black and to support this legislation and vote want my colleagues to know that if white, Republicans and Democrats, can ‘‘yes’’ on the bill. you are looking for some of the things this holiday season say Congress did Mr. LARSON of Connecticut. Mr. Speaker, I that are worthwhile that are in the the right thing and not the political rise in support of the Democratic alternative to majority’s bill, we have an opportunity thing? H.R. 4297, Tax Relief Extension Reconciliation in the substitute to take care of it. But Mr. CAMP. Mr. Speaker, I yield my- Act that would provide real tax relief to work- if you really believe this is the time for self the balance of my time. ing families and help the economy grow. America to give a $20 billion tax cut to Mr. Speaker, the bill before us today The underlying bill is more of the same— these people who will not be affected extends important tax relief for fami- more fiscally irresponsible policy. The Presi- until 2009, why would they want to give lies and small businesses all across this dent’s policy of ‘‘stay the course’’ is not work- this incentive to less than 5 percent, 1 country. Much of the relief in this bill ing; it’s not working in our foreign policy, do- percent of the richest people that we is already in current law and will ex- mestic policy, budget policy or tax policy. More have in our country, and do it in this pire next month. If we do not pass this of the same is just not working and now is the Christmas season? bill, Americans will be hit with tax in- time for a new direction. So you have an alternative. You can creases. Unlike the reckless tax bill on the floor, the take care of the wealthy in years The tax relief in this bill goes di- Democratic alternative would help more Amer- ahead, since this does not expire this rectly to the issues of poverty and edu- icans help themselves and ensure that as a year, or you can do what they have not cation that the gentleman from New country, we move forward together. Among done and that is to take care of those York mentioned. This bill will allow other things, the Democratic measure would people who find themselves subjected America’s teachers to receive tax de- exempt every family making less that to an alternative minimum tax only ductions on out-of-pocket classroom $200,000 from the Alternative Minimum Tax because the majority has not seen fit expenses. Students will be able to use (AMT). The Democratic measure would also to give them relief in a decade. And so tax incentives to enhance the afford- provide $42 billion in targeted tax cuts includ- as this number has increased, instead ability of higher education. Employers ing, deductions for state and local retail sales

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Most importantly, into debt and send the bill to our children and for the rich less than a month after huge the Democratic alternative would be fully offset grandchildren. spending cuts aimed at the most vulnerable. instead of pushing the country further into debt The numbers don’t lie. The Republican pri- Congress should not be providing tax cuts for like the Republican bill. ority is tax breaks for the rich, nothing more. the rich in a time of war! In the end, this tax The truth is that more than one-half of all They will cut programs for the poor and in- bill will either exacerbate our already large taxpayers would get less than $30 in tax relief crease the deficit by billions of dollars to get federal deficits, or will force even deeper cuts from this bill, while those who make over a their way. I urge all my colleagues to stop this in critically important domestic programs. I am million dollars a year would get an average tax insane fiscal policy by voting ‘‘no’’ on this bill. strongly opposed to this legislation, and I im- break of $32,000. Supporters of the capital Ms. JACKSON-LEE of Texas. Mr. Speaker, plore my colleagues on both sides of the aisle gains and dividends tax cuts have tried to we have before us a very important piece of to vote against these unreasonable cuts and characterize them as offering benefits that are legislation, H.R. 4297, the Tax Reconciliation instead consider the revenue neutral Demo- more broad-based than AMT relief. However, Act. It is very important to understand this cratic alternative. in reality, households with incomes between piece of legislation within the big picture the Mr. BACA. Mr. Speaker, I ask unanimous $100,000 and $500,000 would receive 87% of Republicans are painting here. Just last consent to revise and extend my remarks. the benefit of AMT relief, compared to 62% of month, the Republicans passed a bill called Mr. Speaker, this bill is easy to describe— the benefit for capital gains and dividends tax ‘‘The Deficit Reduction Act.’’ This was a tax cuts for millionaires and tax increases for the middle class. This bill misses the biggest cuts. spending cut bill that slashed funding to many tax cut priority of this Congress—the alter- Where are the priorities of this House? vital programs my constituents depend on, in- native minimum tax, or AMT. What message are we sending to the Amer- cluding to Medicaid, student loans, food ican people? It’s time for a new direction be- The AMT was designed to prevent the stamps, and child support programs. The Re- wealthy from avoiding Federal taxes by taking cause more of the same failed policies aren’t publicans lectured us on the need to make working. Americans deserve better. I urge my too many exemptions, but it was never ad- sacrifices to control the national debt. By justed for inflation. Therefore, many middle- colleagues to join me in rejecting the under- passing the spending cut bill, the Republicans lying bill and supporting the Democratic alter- class American families are being affected and actually asked the poor, the downtrodden, the penalized. native that would provide real tax relief and disabled and the young to sacrifice on behalf strengthen our country. Yet, instead of solving the problem of the of the rest of the country. AMT and helping middle class families, this bill Mr. STARK. Mr. Speaker, I rise today in Now we are faced with the Tax Reconcili- strong opposition to H.R. 4297, yet another only focuses on helping the rich get richer by ation Act, which will actually add $86 billion extending capital gains and dividend tax cuts tax break for the richest among us at the ex- dollars to the deficit over the next 5 years. pense of those who have the least. that don’t expire until 2009! This proposed tax cut will not help the poor The Republicans want to cut taxes by $94.5 This tax cut means that taxpayers with in- and middle class, either. An estimated forty billion. How do they pay for these cuts? Be- comes below $40,000—the majority of tax- fore Thanksgiving they voted to cut $50 billion percent of the tax cuts will go to families with payers—will get about one percent of those from programs that help the poorest Ameri- incomes of $1 million or more, and 84 percent cuts, an average of $3 a year. Those with in- cans. The conclusion is obvious: They are of the major tax cuts in this bill will go to the comes above $1 million—one in 500 house- holds will get 53 percent of the cuts, an aver- paying for the tax cuts for wealthy Americans richest 20 percent of families. age of $38,000 per year. by cutting programs for working Americans. In fact, under this bill, over 17 million middle Mr. Speaker, even by this Republican Con- Under the tax break package presented class Americans will face a tax increase next gress’ standards, this tax cut legislation is in- today, a family of four surviving on $30,000 a year from the Alternative Minimum Tax (the sulting. And because this bill will add $1.9 tril- year will get an average of $50 extra in their AMT)! An important aspect of this bill is the lion to the deficit it is doubly so. tax return next April. Meanwhile, a millionaire House’s failure to adequately address the AMT. The Alternative Minimum Tax was en- That is why I support the Democratic alter- will gain an extra $51,000. native that would instead fix the AMT for cou- Lets just see what kind of lifestyle enhance- acted over 35 years ago to ensure that the ples making less than $200,000 per year, re- ment these tax cuts can buy: richest Americans would pay their fair share of ducing middle class taxes instead of increas- The $30,000 working family of four can use income tax. Unfortunately, when the AMT was ing them. Further, the Democratic alternative the extra $4.16 they receive each month to enacted, Congress neglected to index the tax would be fully paid for by slightly reducing re- buy any one of the following: 1.75 gallons of rates to inflation. The AMT has now begun to cent tax cuts for those making more than $1 gas; a half-pound of cheese; one gallon of or- add an extra burden to middle class taxpayers million per year. America needs fiscal dis- ange juice; two loaves of white bread; three at an alarming rate. The senate bill provides $30 billion for AMT relief to the middle class, cipline like we had during the Clinton years. grapefruits; or for those indebted to the NRA, The $5.6 trillion surplus projection from 2001 while the House Republican leadership could 6 bullets for a .44 Magnum. is now a $3.5 trillion deficit—a swing of $9.1 People making over $1 million get a tax only find $2.8 billion for this cause. trillion! Republicans couldn’t find the money to ade- break of $4,250 a month, that they could use Tax cuts to millionaires have dropped reve- to purchase one of the following: leases on quately pay for AMT relief for the middle class. nues from 20.9 percent of the GDP in 2000 to four BMW 750i sedans; 17 iPod nano’s; a 50 They can’t find any money for tax relief for just 16.3 percent, while spending has in- inch flat screen plasma TV; a five karat dia- those affected by hurricane Katrina in the Gulf creased 1.4 percent. mond tennis bracelet; or a 10-day European Coast. Last month, the Republicans couldn’t Mr. Speaker, the Blue Dog Coalition has the cruise. Or, if they wanted to, they could pay find the money to spare the elderly from Med- message right—we need to restore fiscal dis- the monthly health insurance premiums for icaid cuts, to spare the students from loan in- cipline. Defeating this bill would be a good first four families. creases, or spare our children from child care step. If the Republicans want to cut taxes, they cuts. They couldn’t find the money because Ms. MATSUI. Mr. Speaker, as we begin de- should pay for it. We could save billions by they are choosing to extend the dividend and bate on additional tax cuts—H.R. 4297—we pulling our troops out of Iraq. That could pay capital gains tax cuts for the richest in our must consider them in the larger context of the for Katrina relief and stop cuts to important country. challenges this nation is facing and the impact programs for working families. Instead of This is not how we take care of our own in these tax cuts will have, on our ability to face handing out holiday tax breaks to rich Repub- Texas, and this is not how we do things in the these challenges as well as future challenges. lican campaign donors, we should be rolling United States. The Republicans are launching Our decisions must always prioritize protecting back Bush’s tax breaks for millionaires to bet- an unabashed attack on the American way by the future of this nation for our children and ter fund important programs like Medicaid and ignoring the neediest in our country to give tax their children. student loans. cuts to the richest. Over the Thanksgiving recess, I participated Also, Republicans need to drop the ‘‘fiscal Mr. Speaker, the decision to vote up or in a program in my district that sought to in- conservative’’ moniker. These tax breaks com- down on this legislation isn’t a blurry line in- crease early literacy by incorporating reading

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27791 into doctors’ visits. During my visit, I read to Mr. VAN HOLLEN. Mr. Speaker, today we pensing tainted by some unwholesome provi- these children—who are about my grand- are presented with Act II of the Republican sions, especially the premature extension of daughter Anna’s age—about ‘‘Clifford the Big majority’s ongoing and tragically misguided preferential rates for dividends and capital Red Dog.’’ reconciliation saga. gains. It is truly a wonderful program, and as I re- In Act I, we learned who the majority felt The result, just in time for holiday parties, call the joy and animation on each child’s face most deserved to bear the brunt of their will be a full-bodied one-two punch. with every turn of the page, I am reminded spending cuts: poor citizens who rely on Med- And while some may find it intoxicating, it just how important the decisions we make icaid, hungry people who turn to food stamps will have a nasty aftertaste for many, will leave today are . . . because we are merely stew- and families trying to afford college. everyone with a bad budgetary headache— ards of this nation for them—and we must act Now in Act II we are learning where they because it will actually increase the deficit— as such. Are we being wise stewards in propose that money go: for tax breaks, that and will stick future generations with paying choosing to pass another tax cut—on top of are targeted primarily to benefit the top 1% of the tab. the nearly $2 trillion in cuts we have already the wealthiest Americans. And what is the net So, Mr. Speaker, count me out. I thought passed? result? An even bigger deficit that will have to the original recipe was wrong. I did not vote Congress has already transformed a $5.6 be paid for by our children. for the first part of the mixture. And I will not trillion surplus into a more than $3 trillion debt. Let me be clear: In a properly prioritized vote for this bill. Yet, we are still financing the war in Iraq budget, I believe there is room for targeted, That doesn’t mean I am opposed to tax and the reconstruction from the war in Afghan- fiscally responsible tax relief. And that’s pre- cuts. As I said, there are good things in this istan. Regardless of your view on our nation’s cisely the kind of tax relief Democrats are of- bill, and I support them. That’s why I voted for military policy over the past five years—we fering in our substitute today. the substitute. must pay for the wars and their subsequent The Democratic alternative extends all of The substitute would have exempted every cleanup, yet to date they have been financed the tax cuts set to expire next year—including family making less than $200,000 from the al- by deficit spending. And we have only just such items as the deduction for college tuition ternative minimum tax—something that should begun the rebuilding efforts in New Orleans, expenses, incentives for brownfields cleanup be a priority but that is not included in the bill Gulfport and other Gulf Coast cities struck by and the 15-year depreciation schedule for cer- before us. Adoption of the motion to recommit Hurricane Katrina. tain small business expenses. Moreover, un- would have had the same effect. Which brings us back to the legislation we like the Republican package, Democrats pro- The substitute also included $42 billion in are considering today. There are many posi- vide guaranteed alternative minimum tax re- tax cuts over five years targeted to spur eco- tive provisions in this bill. They would create lief—so that 16 million middle-class taxpayers nomic growth by extending the most pressing an even better future for our children and won’t be unfairly ensnared by the AMT. Fi- tax provisions that are now scheduled to ex- grandchildren, like my granddaughter Anna— nally, and importantly, the Democratic sub- pire this year. particularly the provision to strengthen and ex- stitute is completely paid for—and won’t add a However, unlike this bill, the substitute did tend the research and development tax credit. dime to the Federal deficit. not include extension of things that will not ex- I am a strong supporter of this investment. pire this year—including the preferential rates Unfortunately, the centerpiece of this bill— By contrast, when considered in its entirety, for dividends and capital gains—or the the dividends and capital gains tax cut exten- the Republican reconciliation package will ac- sions—is unnecessary at this time. Not only tually increase the deficit—at a time when the changes to international tax rules. Unfortunately, the Republican leadership do these cuts not expire until 2008, they pri- nation’s debt is already running over $8 trillion. marily help the same individuals who have al- Additionally, when faced with the choice of was not willing to follow that more reasonable ready benefited lavishly from the previous whether to use the reconciliation process to approach, and is insisting on sticking with their rounds of tax cuts. protect AMT relief for middle-class taxpayers own recipe. So we are at war, we are in debt and yet or tax breaks for the wealthiest investors, the But the Senate has passed a quite different again we are cutting taxes without fully paying Republicans chose to leave AMT relief unpro- tax measure, and differences between that bill for it. The path we are beginning to turn down, tected while extending tax -breaks on capital and this one will have to be resolved in con- as begun by this budget package, may ulti- gains and dividends that don’t even expire ference. So, while I cannot support this bill I mately include tax cuts that will far outstrip the until 2008—tax breaks over half of whose ben- am hopeful that the conferees will insist on a some $50 billion worth of unwise spending efits flow to those who made over $1 million new and better mixture that will deserve sup- cuts. Just the tax cuts in this bill will add at last year. port. least $6 billion to the deficit and it seems more Mr. Speaker, during a time of war, in the Mr. ETHERIDGE. Mr. Speaker, I rise in may be added outside this reconciliation proc- aftermath of a catastrophic hurricane, with 45 strong opposition to this latest wasteful Re- ess. million Americans lacking health insurance publican tax bill and in strong support of the Sadly, it seems the only Americans asked to and skyrocketing home heating costs pro- Rangel substitute. The Rangel bill is a respon- sacrifice are the brave men and women in uni- jected this winter, this majority is proposing to sible effort to extend needed tax relief and form fighting in the Middle East and our chil- take from those with the least, give to those protect middle class Americans from the Alter- dren and grandchildren, like my Anna, who will with the most—and tell our children they will native Minimum Tax (AMT), but the underlying bear the burden of our massive debt. This de- have to pay for it all later. legislation is the latest installment of the failed fies historical precedent and common sense. Mr. Speaker, we can do better. In fact, I Republican budget policies that have dev- We do, however, have an opportunity to would submit that—in this season above all astated this country’s finances and much of make a decision that will return us to the path seasons—we are required to do better. our economy. of fiscal responsibility. Ranking member RAN- I urge my colleagues to reject this bill and I strongly believe that Congress must return GEL has offered a pragmatic and effective sub- support the fiscally responsible Democratic to the values of balanced budgets to restore stitute bill and I am glad today’s rule will allow substitute. growth and opportunity to our Nation’s econ- a vote on it. Mr. UDALL of Colorado. Mr. Speaker, as we omy. I am tremendously proud that in my first This alternative will extend the tax cuts that debate this bill, we must remember it is only term in the U.S. House, Congress and the expire at the end ofthe year and provide a part of a brew based on the Republican lead- White House worked together in a bipartisan muchneeded AMT patch. And the Democratic ership’s budget recipe. manner to balance the budget for the first time alternative will be paid for by taking back a Just before Thanksgiving, they twisted in a generation. That responsible budget small portion of the tax cuts that benefit fami- enough arms to put the first ingredients into helped usher in a period of robust, broad- lies earning more than $500,000. Simply, we the mixing bowl by passing a bill to cut more based economic growth and produced record extend only what is necessary and we pay for than $50 billion over five years from Medicaid, budget surpluses. it—Anna and other future generations deserve student loans, and many other programs of Unfortunately, the current White House and no less. great importance to millions of Americans. Republican Leaders in Congress replaced that I urge my colleagues to embrace the prin- Today, they want to continue by adding budget discipline with record deficits, explod- ciple of shared sacrifice and reject this tax rec- some good things—including extensions of ing national debt and unbalanced budgets in onciliation package in favor of the responsible well-targeted tax cuts like the research and perpetuity. This bill represents more of the Democratic substitute. development tax credit and small business ex- same. The current Republican tax cuts will

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27792 CONGRESSIONAL RECORD—HOUSE December 8, 2005 cost our budget $81 billion over ten years, likely to go nowhere. With this package, Re- the federal budget deficit or the national debt. while at the same time, Republican Leaders publicans knowingly and deliberately have re- In fact, this package increases the deficit be- have proposed devastating cuts to the Farm moved the AMT correction and thereby will in- cause it reduces spending by $50 billion and Bill, food stamps, child support enforcement crease the taxes on more than 17 million mid- cuts taxes by $56 billion. In other words, this and Medicaid. Furthermore, H.R. 4297, the dle-class working families next year by failing so-called ‘‘deficit reduction’’ package actually Tax Reconciliation Bill, raises the taxes of to extend the higher exemptions for the Alter- increases the deficit to the tune of $6 billion! nearly 17 million middle class families in native Minimum Tax (AMT) that expire in sev- Maybe this fiscal approach explains why the America, by leaving out a provision to extend eral weeks. If we fail to include this in budget Chairman of the President’s own Commission the higher AMT exemptions that expire in a reconciliation, it will grow to 19 million tax- on Tax Reform said recently that he was not few weeks. payers next year. More than half of all couples worried by tax policies that increase the na- In contrast, the Rangel substitute would ex- with two children and income between tional debt because we can always borrow empt from AMT increases every family with $75,000 and $100,000 will have to pay AMT some more from China. But I refuse to pass taxable income under $200,000 per year. It in- next year. This is wrong and should be ad- this bill and saddle the elementary school chil- cludes $42 billion in tax cuts over five years dressed. dren in Jamestown and Buffalo with that debt. targeted to spur economic growth through the We could solve this problem today by slight- Mr. Speaker, I support tax cuts. I supported Research and Development tax credit, small ly reducing the recent tax cut for those making the AMT stand-alone bill because the bulk of business expensing and other initiatives. The more then $1 million a year. Republicans are that relief goes to middle class families, and I Rangel bill maintains budget discipline by par- so determined to extend tax cuts for the will continue to support tax cuts for working ing back the President’s tax cuts for those with wealthy that they are willing to deny relief to Americans. I am not philosophically opposed annual taxable income above $1 Million. Fi- the middle class. to tax cuts for upper income Americans. But nally, the Rangel bill keeps our word to the Mr. Speaker, these votes ae about our prior- there is a proper time for everything, and at families of our soldiers in Iraq and Afghanistan ities and values. I ask my colleagues to this juncture—when we are running record by maintaining their eligibility for the Earned change the priorities of this Congress. budget deficits, when we are funding our Income Tax Credit. Mr. HIGGINS. Mr. Speaker, I rise to express troops in Iraq, and when we are incurring I urge my colleagues to support the Rangel my opposition to the irresponsible tax rec- huge costs to recover from Hurricane substitute and vote against H.R. 4297. onciliation bill the House passed earlier today. Katrina—at this juncture, we cannot cut taxes Mr. HOLT. Mr. Speaker, today we return for I strongly support tax relief, but I oppose this to the rich and increase the burden on the part two of the budget reconciliation bill. Just bill because it does not target tax relief to mid- middle class. Buffalo won’t hear it and neither before Thanksgiving, the Republican majority dle class families, because it is paid for by will I. cut investments in education, American com- slashing health care and education programs Ms. BALDWIN. Mr. Speaker, like many of petitiveness, and programs for the needy. and because it will needlessly increase our my colleagues, I spent much of the Thanks- Today, they will give a tax cut to the top 1%. national debt. giving recess holding office hours throughout It is a reverse-Robin Hood value system. Ap- Mr. Speaker, this tax bill is the second half my congressional district to listen to the con- parently, the Republican leadership thinks that of a misguided budget reconciliation package cerns of my constituents. Understandably, I the middle class is not working hard enough. that raids the wallets of my Western New York heard how worried they are about sky- They believe that the middle class needs to constituents and gives their money to those rocketing energy prices, our lack of progress work harder so that the top 1% can take home making over a million dollars. The first half of in Iraq, rising health care costs, and the re- more money. the budget reconciliation occurred last month, cently passed budget cuts that predominately Today, Mr. Speaker, we have a moral deci- when the Majority passed a series of dev- hurt the poor. sion to make. I believe it is immoral to cut $50 astating spending cuts to health and education One need look no further than the tax bill on billion from Medicaid, food stamps, student programs in order to free up funding for these the floor today to see why many Americans loans, child care payment enforcement, and tax cuts. That means that these tax cuts are are frustrated and disappointed with the work foster care in order to pay for a $56 billion tax paid for by cutting $11 billion from Medicaid at of this Congress. Republicans just don’t seem cut for capital gains and dividends. a time when over 45 million Americans are to get it. Instead of trying to make progress on People with income of more then one million without health insurance. They are paid for by the pressing issues facing American families, dollars—the top two-tenths of one percent of throwing 300,000 people off food stamps House Republican’s top priority is passing this the population would get $32,000 dollars. Most when hunger in this country is on the rise. $56 billion tax bill that primarily benefits tax filers, those with income below $40,000, They are paid for by slashing $14 billion from wealthy investors. H.R. 4297 is truly shameful would get $7. Those with income above $1 student loan programs when the cost of col- as it clearly puts enriching the wealthiest million—not just those worth more than a mil- lege tuition is skyrocketing. And they are paid Americans before the biggest concerns of lion, but those who have income and stock for by cutting child support enforcement and working Americans. market earnings of more then $1 million each foster care programs. The centerpiece of the Republican’s tax bill year—would receive about half of this $56 bil- Mr. Speaker, the tax reconciliation bill is today is a $20 billion provision that would ex- lion tax cut. Worse yet, you may have noticed paid for out of the pockets of the middle class, tend tax rate cuts for investors who receive that if we cut taxes by $56 billion and cut yet working families receive little of its bene- capital gains or corporate dividends. According spending by $50 billion, we have increased fits. If this bill were a serious attempt to pro- to Citizens for Tax Justice, the vast majority of the debt. We have gone from a projected 10- vide real tax relief to the middle class it would Americans would receive no benefit at all from year surplus of $5.6 trillion to a projected def- include an extension of the alternative min- this tax provision. icit of $3.5 trillion. With the deficit projected to imum tax (AMT) fix. The AMT fix is set to ex- Specifically, 78 percent of Americans would rise to $640 billion by 2015, this is no time to pire at the end of the year, and without an ex- get no tax benefit from the capital gains and pile on even more. This bill will force us to tension taxes will increase on the 17 million dividends provision, while an additional 10 borrow more from China. This is more debt we middle class families who will be snared by percent would get less than $100. In my home will force our children and grandchildren to the AMT. Yet this legislation does not include State of Wisconsin, the wealthiest 1 percent of pay interest on. And for what? So the wealthi- AMT relief. Instead, the centerpiece of this bill taxpayers (those with an average income of est 1% can get an even larger tax break. is a reduction of tax rates for capital gains and more than $1.3 million) would receive 43 per- Mr. Speaker, I believe there are problems corporate dividends. Mr. Speaker, taxing in- cent of the tax benefits, or an average tax cut with our tax system. I have supported tax cuts vestment income at a lower rate than earned of $18,523 in 2009 and 2010 combined. in the past and I have worked with Members income is rewarding wealth, not work. A fairer This bill does contain a number of tax on both sides of the aisle to achieve them. bill would have reduced taxes on the pay- measures I strongly support, such as the ex- However, today we are ignoring a tax problem checks of the middle class working families tension of the important research and develop- that affects my constituents greatly. Many of who most need and deserve it. ment tax credit, the state sales tax deduction, my middle class constituents are forced to pay Mr. Speaker, not only does this reconcili- and the college tuition tax credit. These provi- the Alternative Minimum Tax (AMT). This year, ation package slash programs for working sions are good for our Nation and working 3.5 million taxpayers will owe AMT. Yester- families and fail to target tax relief at the mid- families, but they should not be simply used day’s AMT tax bill was just a sham, and is dle class, but it does nothing at all to reduce as ‘‘sweeteners’’ to garner more support for

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27793 the underlying bill and more tax cuts for inves- While Republicans claim that the dividend wealthiest Americans while we are at war and tors. tax cut boosts the economy, the facts are not at the same time cutting programs for our I find it heartless that Republicans would on their side. The Federal Reserve Board re- most vulnerable populations and adding to the bring this bill to the House floor right after they cently released a report declaring that the divi- staggering debt load of our children and I passed a Budget Reconciliation bill that dend tax cuts of 2003 have not boosted the grandchildren. This bill is not fiscally respon- makes harmful cuts to health care for children stock market. To quote the report, ‘‘We fail to sible, and we neglect the ramifications of the and the elderly, food stamps for needy fami- find much, if any, imprint of the dividend tax budget priorities of the majority party to the lies, student loans, and child support enforce- cut news on the value of the aggregate stock detriment of the country. ment. Let us be clear: these $50 billion in market.’’ There you have it: the Nation’s top Governments on every level—from local to budget cuts were made solely to pay for these economists have determined that dividend tax Federal—are running record deficits; the num- tax cuts for the wealthiest Americans. How reduction does not boost the stock market or ber of uninsured Americans is on the rise; can any Member of this Congress who has an increase wealth for shareholders. people continue to go without heat, food or ounce of compassion—justify making college Most disingenuous is the fact that just three shelter as an abnormally cold winter persists; students, the poor, children, and the elderly weeks ago, the House voted to cut Medicaid, and the cost of health care and education con- shoulder the cost of providing more tax cuts student loans, foster care assistance, and food tinue to rise. The tax cuts contained in H.R. for the wealthy? I certainly cannot. stamps under the guise of deficit reduction. 4297 overwhelmingly benefit affluent investors In Wisconsin, 91,000 children lack health in- However, today, we are voting for tax cuts that in the wake of the House cutting programs for surance, up over 7% in just the last year. cost more than the money saved from the the poor by $50 billion in the name of deficit American families are struggling with soaring spending cuts. The Republicans have exposed reduction. We continue to spend over $6 bil- costs for fuel, housing, health care, child care, their real agenda: they are robbing the poor to lion per month in Iraq and cut taxes while ask- and college. Yet today, this Congress again pay the rich. ing the least well off to pay for it. It’s reverse turns a deaf ear to those concerns—not to re- This year, we have a projected deficit of Robin Hood—taking from the poor and giving duce the deficit, not to pay for the war in Iraq, more than $300 billion. In addition, we will to the rich—and this is something I cannot and not to help the hurricane and tornado victims spend billions more in Iraq and Afghanistan, will not support. of 2005, but simply to satisfy those whose as well as rebuilding the Gulf Coast in the We must take stock and look at the reality greed has no bounds. wake of Hurricanes Katrina, Rita, and Wilma. of our fiscal situation—deficits are rising with Mr. Speaker, H.R. 4297 is a sad indication We simply cannot afford all of these emer- no end in sight—while the poor, the sick and of who House Republicans are fighting for in gency expenses while cutting taxes for the the elderly pay the price. I believe tax cuts can this Congress. It should come as no surprise richest Americans. be part of a reasonable approach to the Fed- as we have seen the very wealthiest Ameri- Thankfully, there is an alternative. The Ran- eral budget, but that we have reached a point cans receive special tax breaks every year gel Substitute includes all the noncontroversial with our deficit and debt where we must exer- since President Bush took office. The question tax extensions I mentioned earlier and also cise extreme caution in using them. As Robert today is whether this House will ever stand up contains three important provisions not found Bixby of the nonpartisan Concord Coalition for the many, not just the few, with budget and in H.R. 4297. First, the substitute drops the was quoted in today’s Washington Post, ‘‘If tax policies focused on need, not greed? I capital gains and dividend tax cuts in order to they (Republicans) want to cut taxes, fine, but strongly urge my colleagues to vote against fix the Alternative Minimum Tax (AMT). The they are going to have to cut spending by at this bill. least that much to help the deficit, and clearly Mr. LANGEVIN. Mr. Speaker, today I rise in substitute would eliminate AMT liability for in- dividuals who earn less than $100,000 and they are not willing to do that. They (Repub- strong support of the Rangel Substitute to licans ) have to start looking reality in the H.R. 4297, the Tax Reconciliation Act and in joint filers with incomes below $200,000, cut- ting taxes for 16 million families. Without this face.’’ The $5.6 trillion surplus that existed in opposition to the underlying bill. Instead of 2000 has been squandered. Future genera- provision, more than half of all families with stopping a tax increase for the middle class in tions will pick up the tab. two children and incomes between $75,000 2006, Republicans have chosen to keep taxes The Republican tax cut bill is bad policy and low for the wealthiest Americans in 2009. and $100,000 will be saddled with the AMT. I urge my colleagues to join me in voting no What kind of priorities favor the wealthy in the This tax increase hits the middle class, and on H.R. 4297. future over working families today? We can ill the Republicans are content to sit idly and let Ms. ROYBAL-ALLARD. Mr. Speaker, I rise afford the continued ‘‘tax cut and spend’’ men- it happen. The Democratic AMT fix is similar today in strong opposition to H.R. 4297, the tality that has marked the House during the to the Senate-passed tax reconciliation legisla- Tax Reconciliation bill. Cutting taxes for the last few years. Without a change in fiscal pol- tion, which would ensure a speedy conference super rich, and ignoring the needs of the poor icy, future generations will be buried under a and protect taxpayers before the provision ex- and middle class, as this bill does, is a dan- mountain of debt created by Congress. pires at the end of the year. gerous deviation from fiscal and moral respon- The bill before us today has many provi- In addition, the substitute extends the tax- sibility. sions I support, including the extension of the free status of combat pay. While our military As with every American, I too would like to research and development tax credit, small personnel are risking their lives abroad to see my taxes cut. Therefore my opposition to business expensing, the deduction of higher keep us safe, the least we can do is prevent this bill does not stem from a deep-seated education expenses, and brownfield sites ex- burdening them and their families with a huge hostility toward the concept of tax cuts. Rath- pensing. In fact, I am a cosponsor of a bill to tax increase. er, my opposition is a plain and simple rec- make the Research and Development Tax Best of all, the substitute is fully offset, and ognition that these proposed tax cuts are the Credit permanent, as it keeps American com- will not add a dime to the national debt. The wrong kind of cuts at precisely the wrong time. panies competitive and provides a strong in- Rangel substitute will revive the economy, re- Why are they wrong kind of tax cuts? Be- centive for businesses to invest in the future lieve the tax burden on working families, en- cause they primarily benefit the super rich with and create jobs. I also support other provi- courage companies to invest in the future, and little tax relief to middle class and poor Ameri- sions in this bill that help make college more create jobs. The Republican bill will hand out cans who need tax relief the most. affordable to millions of students and allow money to rich people and increase the deficit. Why do they come at the wrong time? Be- teachers to deduct out-of-pocket expenses. The Rangel Substitute is a common-sense cause today our Federal Government is un- Unfortunately, the Republicans did not stop alternative that prevents a tax increase on able to meet the most essential needs of the there. H.R. 4297 also includes a two year ex- working families, honors our troops, and does majority of Americans. For example, 45 million tension of the capital gains and dividend tax not cost a dime. We need responsible tax poli- Americans are without health insurance, too cuts, which are not scheduled to expire until cies instead of the reverse Robin Hood ap- many American families cannot afford to send 2008. Nearly half of these tax cuts will go di- proach taken by Republicans. I urge my col- their children to college, and our American rectly into the pockets of the 1 in 500 tax- leagues to join me in supporting the Rangel communities continue to be vulnerable to ter- payers who earn more than $1 million per Substitute and opposing the underlying bill. rorist attacks here at home due to the under- year. The contrast is stark: those who earn Mr. COSTELLO. Mr. Speaker, I rise day in funding of many essential homeland security less than $40,000 will see an average tax cut opposition to H.R. 4297, the Tax Relief Exten- programs. of $7, while those earning more than a million sion Reconciliation Act. I do so because I do Instead of investing in American families, will save an average of $32,000 in taxes. not believe we should be cutting taxes for the this bill condones massive cuts to essential

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27794 CONGRESSIONAL RECORD—HOUSE December 8, 2005 health, education, and programs designed to rates for capital gains and dividend income. ministration need to work together to fix in a help women and children. And instead of fully What I do oppose is borrowing money to pay responsible, bipartisan way, before millions of funding programs such as those designed to for tax cuts, and particularly for tax cuts that Americans are hit with large, unexpected tax support our emergency first responders in the do not expire for another three years. increases. case of a terrorist attack, we are using that In 2001, I was one of only 28 House Demo- Mr. Speaker, I will continue to work with my money to pay for tax cuts for the super rich. crats to vote for President’s Bush’s 2001 tax colleagues in both parties to advance com- Add to this reality a costly war in Iraq, un- cuts that reduced marginal income tax rates. monsense, bipartisan approaches to solving precedented spending for hurricane relief in Since 2001, however, our country’s fiscal con- our country’s fiscal problems. I urge my col- the Gulf, and the escalating budget deficit, and dition has dramatically reversed course. In leagues on both sides of the aisle to act as it is very clear that now is the wrong time for 2001, the Congressional Budget Office (CBO) soon as possible, in a fiscally sound way, to these kinds of cut taxes. predicted that the 10-year budget surplus prevent serious consequences for current and Mr. Speaker, the Democrats have a fair and would be $5.6 trillion. That projected 10-year future generations. responsible solution. It is fair because, instead surplus of $5.6 trillion has deteriorated into a Mrs. DAVIS of California. Mr. Speaker, of cutting taxes for the super rich, our sub- projected $3.9 trillion deficit during the same weeks after passing a spending bill that failed stitute bill is designed to put hardworking mid- period. In FY2005, the Federal Government to reflect our national values, we are repeating dle-class Americans first in line for tax relief. ran a budget deficit of $319 billion, the third our mistakes with today’s tax cut bill. For example, our substitute bill protects the largest deficit in our Nation’s history. We are once again ‘‘robbing Peter to pay majority of American families who will nega- Further, on February 17, 2004, the national Paul’’—only this time we have picked the tively be affected by the Alternative Minimum debt of the United States exceeded $7 trillion worst possible time to do so. Tax. It is responsible because it avoids further for the first time in our country’s history. On The holiday season is supposed to be a reckless spending by eliminating the extension October 21, 2005, the national debt of the time for giving. of capital gains and dividend tax cuts that will United States exceeded $8 trillion for the first Only this year, it has become a time for giv- add to the enormous deficit that will have to time in our country’s history. That is an in- ing primarily to the wealthiest 20% of Amer- be paid by future generations. crease of $1 trillion in our national debt over ican families. As a grandmother myself, I believe it is mor- the last 2 years. It took our country 193 years, Upper-income families will not lose much ally reprehensible to leave my grandchildren to from 1787 to 1980, to rack up $1 trillion in under last month’s spending cuts bill. bear the burden of debt-relief because we debt, and just under two years, from 2004– But they will benefit greatly from today’s tax spent our money on more tax cuts for the 2005, to match that level of borrowing. cut package. wealthy today. An $8 trillion national debt comes down to Conversely, lower- and middle-income fami- To set the right course for future genera- nearly $27,000 per person in our country, and lies will suffer great losses under the spending tions, we must make it our priority to improve that is simply unacceptable. The first rule of cut bill . . . the quality of life for all Americans; not just the holes is that when you’re in a hole and you . . . yet stand to gain very little from today’s lives of the privileged few. This tax-cut bill be- don’t want to go deeper, stop digging. It is tax bill. fore us is needless, reckless spending and now past time that we stop digging our coun- That’s what I call ‘‘Scrooge-onomics.’’ We continue to dig ourselves deeper and should be rejected. try deeper and deeper into debt, leaving our Mrs. MALONEY. Mr. Speaker, after five children and grandchildren to pay a steep deeper into debt. The bill before us today comes with a price years of setting records for weak job creation, price for the deficits and debt we are adding tag of $56 billion, with no means to offset that the President is giving us a rosy outlook for to today. cost. our economy. What he fails to mention in his Mr. Speaker, H.R. 4297 extends several tax And what do we get in return? economic pep talks is the elephant sitting in relief measures, including reduced rates for If you are not among the top tier of wealthi- the room—this administration continues to set capital gains and dividend income, that I sup- est Americans, not much. record debts and deficits, long-term, structural port and would vote for in a balanced, revenue Thirty-six percent of the cost of this bill goes problems that will bog us down for generations neutral measure. I support: the saver’s credit; towards extending reduced tax rates for cap- to come. small business and brownfields expensing re- ital gains and dividends. What is our response as a Congress to this lief; the Work Opportunity Tax Credit; the re- That’s $20.6 billion dedicated to tax breaks fiscal mess? A bill that would cost $81 billion search and experimentation credit; deductions that aren’t even scheduled to expire until over 10 years. A bill that would pile on to the for higher education and classroom expenses; 2008. deficit that is projected to be $3.5 trillion over the exclusion for active financing income; and That’s $20.6 billion that could be spent on 10 years. I suppose the thinking is compared 15-year depreciation rates for restaurant education, worker training, affordable housing, to $3.5 trillion, what’s another $81 billion? equipment and improvements to leased prop- or improving the quality of life for service Only in Washington. erty. Unfortunately, the Joint Tax Committee members and their families. What’s worse, the middle class—the foun- estimates that H.R. 4297 will cost $56.1 billion It is fiscally irresponsible to spend $56 bil- dation of our Nation and our economy will be over the next five years, and the CBO esti- lion we do not have on those who do not need largely ignored by the bill before us. It’s bad mates that extending the dividend and capital it. enough that working Americans have already gains tax reductions alone would cost approxi- And it is unwise to further complicate an al- been left behind in our economic recovery. mately $160 billion from FY2008 to FY2015. ready complex tax code to do so. But this bill will essentially raise taxes on 17 Further, unlike the Senate tax reconciliation That is why I am supporting the Democratic million American middle-class families by fail- bill, the House version of this legislation does substitute to this bill. ing to protect them from the Alternative Min- not address what is arguably the most signifi- This substitute still extends vital tax cuts but imum Tax. Make no mistake, they will not get cant looming tax concern for middle-class includes offsets to pay for the cost, taking the real protection from yesterday’s fig-leaf AMT American families, namely the growing num- burden off American taxpayers. bill, and they will get nothing from the bill be- ber of Americans who are forced to pay the al- It extends the Work Opportunity Tax Credit fore us today. ternative minimum tax (AMT). While reduced and the deduction of higher-education ex- We are considering more of the same. More rates for capital gains and dividend income will penses. debt, more deficits, more working Americans not expire for another three years, AMT relief It extends the research and experimentation who are ignored. is scheduled to expire in less than one month, credit and the expensing of brownfield sites. I urge my colleagues to vote ‘‘no’’ on this bill at the end of this year. It protects millions of California’s taxpayers and ‘‘yes’’ on the sensible Rangel substitute, If AMT relief is allowed to lapse, the number by extending sorely needed alternative min- which will allow us to really fix the AMT, help of taxpayers subject to the AMT will increase imum tax relief. the middle class and help working Americans. from 3 million in 2004 to 21 million in 2006. And, importantly for my district of San Mr. MOORE of Kansas. Mr. Speaker, I rise The Congressional Budget Office estimates Diego, California, it extends a critical provision today to express my opposition to H.R. 4297, that extending AMT relief and indexing it for allowing military personnel to elect to include the FY05 tax reconciliation bill. inflation would reduce federal revenue by combat pay as earned income. I do not oppose tax cuts, and in a more sta- $191 billion over the next five years. This is an This allowance will expand the pool of ble fiscal climate I could support reduced tax immediate problem that Congress and the Ad- armed services personnel eligible to receive

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27795 the earned income credit, and it will even in- Mr. LEACH. Mr. Speaker, reluctantly I rise Accordingly, I am compelled to register my crease this credit for some military families. to oppose a bill which has a number of provi- opposition to the fiscal irresponsibility implicit The brave men and women who sacrifice sions I support and others which I might have in this resolution. time with their own families to protect ours de- been inclined to back in a different economic Ms. MCCOLLUM of Minnesota. Mr. Speak- serve no less. and historical context. But this Congress jeop- er, I rise in strong opposition to the irrespon- Although this bill would be out of place at ardizes America’s fiscal house as it continues sible Republican tax giveaways proposed in any time of year, it is unconscionable during to ‘‘pay’’ for a war with tax cuts. This is, after H.R. 4297. The Republican bill provides tax the holiday season. all, the first time in our history—and perhaps cuts for the wealthy few in our society by A nation as prosperous as ours should the history of the world—in which a govern- slashing critical services for vulnerable Ameri- never ignore its weakest citizens for the sake ment has sent soldiers into combat at the cans and adding to our already exploding def- of tax cuts for the wealthy. same time it has reduced the public’s tax bur- icit. I do not believe this bill reflects our priorities den. And just as war cannot be paid for with I am appalled that the majority party has as a nation. tax cuts, social balance cannot be maintained slashed food stamps, health care and student I know it does not reflect my own values. if the costs of rebuilding one region of the loans for vulnerable and middle-income fami- Yet it does represent the true colors of the country devastated by hurricanes are coupled lies to pay for tax breaks for the Nation’s most majority party. with the reduction of support for needy citizens fortunate. The top priority—63 percent of the In the spirit of giving, I hope you will join me in other areas. spending—in the Republican tax reconciliation in opposing a bill that regards only the wealthy I am an advocate of tax simplification—the bill is to extend capital gains and dividend tax as worthy of receiving. replacement of a deduction-centric tax code cuts from 2008 to 2010. Mr. MEEHAN. Mr. Speaker, I rise today to with a simplified lower rate system. But I have Forty-five percent of the benefits of this pro- oppose the Republican tax bill. doubts about taking the radical step of elimi- vision will go to millionaires. In addition, this As we approach the end of the year, I won- nating social progressivity with a flat, single- bill, even combined with the devastating cuts, der ‘How will this year be remembered?’ For rate tax. The complexity of the current system will add $81 billion to the deficit over the next the deepening quagmire in Iraq? Will we re- is the result of a myriad of tax rules, not the 10 years. member 2005 as a year of hardships? For fact that rates are slightly staggered. What has The Republican bill focuses on benefits for Katrina, for Rita? been missed in today’s debate is that the tax- their wealthiest contributors and fails to ad- Certainly this has been a year of great eco- ation of dividend income at substantially lower dress tax changes that are necessary for the nomic difficulties for low and middle income levels than earned income means that the middle class. This bill does not include a pro- families. The poorest residents of the gulf working middle class will be taxed at much vision to protect families from tax increases coast were most affected by the devastating steeper rates than upper-income citizens. The from the alternative minimum tax. I supported hurricanes, and the poorest Americans have approach on the table today will not only elimi- the 1-year fix on the AMT that this House shouldered a disproportionate share of the nate tax progressivity, it will create an inverted passed because this is a critical issue for fam- burden in Iraq. tax system, one that is profoundly regressive. ilies in my district. However, this provision The Republican tax bill is just another ex- No tax system can stand the test of com- should have been included in this reconcili- ample of the disdain the Majority in Congress mon sense if a high school principal, elec- ation package and should have been a priority has for its low and middle income citizens. Re- trician, or registered nurse are taxed at a high- for this Congress. In total, the Republican reconciliation pack- cently, this Congress cut Food Stamps, stu- er rate than a billionaire who receives his in- age includes tax increases of up to $3,640 for dent loans, child support and Medicaid. come from dividends. Yes, there is an argu- Now the Administration is rewarding the ment that taxing dividend income may, in middle income families due to the alternative rich. In the proposed tax cuts, over 50% of the some cases, represent ‘‘double’’ taxation, but minimum tax, increases of $5,800 per student this concern is not as compelling as many as- Capital Gains and Dividends Rate Cut will for their college education, and a loss of ac- sume because the deduction-oriented tax benefit people who make more than one mil- cess to health care and nutrition for many codes allow many large companies to have lion dollars. The 55% of American households struggling families. It also adds to a spiraling negligible income tax liabilities. This is why, that make less than $40,000 will get a tax deficit already projected to reach $640 billion according to a University of Michigan study, break of only $7 while the households that by 2015. At the same time, Republicans will many of America’s largest estates have been make more than $1 million will receive an av- provide an average tax break of $32,000 to subjected to surprisingly little, if any, taxation erage tax break of $32,000. the wealthy few. This is an outrage and should in the accumulating years. I support responsible spending, and bal- be an embarrassment for this Congress. Priorities are askew. When Congress at- Mr. Speaker, America can do better. Con- ancing the budget, but this tax cut and the tempts to cover the cost of man-made wars gress should put forward a budget that is fis- budget cuts of last month accomplish neither and nature-made hurricanes while expanding cally responsible, prioritizes our families, and of these goals. In fact, these bills will actually tax breaks that disproportionately benefit high- does not threaten our children and grand- increase the deficit by $16 billion. And at what er income individuals, it is forced to limit children’s future by increasing the Federal def- benefit? So that some of our wealthiest citi- spending on programs for low-income stu- icit. zens can save a few extra dollars? dents and our needier citizens to keep the fis- I urge my colleagues to reject this irrespon- President Bush has gone on the offensive. cal deficit from skyrocketing. sible, immoral budget plan. He is touting an improved economy by point- As long as this war continues, Congress is AMENDMENT IN THE NATURE OF A SUBSTITUTE ing to job statistics from this most recent quar- obligated to keep its eye not only on fiscal re- OFFERED BY MR. RANGEL ter. But the economy is not improving where sponsibility, but social justice. If it does not Mr. RANGEL. Mr. Speaker, I offer an we need it to. Middle class Americans are pay attention to fairness, the kind of internal amendment in the nature of a sub- worse off than they were 4 years ago. The av- strife that has broken out in recent weeks in stitute. erage two-earner family needs to work more France and the kind of internal division which The SPEAKER pro tempore (Mr. to pay for health care, housing, college, and was evidenced in the wake of Katrina in New GINGREY). The Clerk will designate the transportation than they did in 2001. Orleans will be magnified at great social cost. amendment. Middle class families are forced to work A thriftier government may be a credible The text of the amendment is as fol- more and save less. This means less time to goal, but Congress is obligated to pay for lows: spend with family and less money to put away whatever commitments it makes. I did not vote Amendment in the nature of a substitute for retirement. for the Iraq war primarily because of policy printed in House Report 109–330 offered by This is not how I want to remember 2005. rather than expense concerns. But there is a Mr. RANGEL: I don’t want to remember 2005 as a year that cost dimension and the burden of responsi- Strike all after the enacting clause and in- the government heaped unnecessary burdens bility for funding public commitments falls at sert the following: upon American families. Stealing from the this time particularly on those who chose to SECTION 1. SHORT TITLE, ETC. (a) SHORT TITLE.—This Act may be cited as poor and middle class and giving to the rich, authorize this war. Failure to accept this re- the ‘‘Tax Relief Extension Reconciliation while increasing the deficit, is hardly respon- sponsibility weighs down the public balance Act of 2005’’. sible. I urge you to vote no on the Republican sheet and pushes payment of debt obligations (b) AMENDMENT OF 1986 CODE.—Except as tax cuts. to future generations. otherwise expressly provided, whenever in

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27796 CONGRESSIONAL RECORD—HOUSE December 8, 2005 this Act an amendment or repeal is ex- (2) The amendments made by sections retary. An election under this paragraph pressed in terms of an amendment to, or re- 201(b), 202(f), and 618(b) of the Economic may not be made for any taxable year to peal of, a section or other provision, the ref- Growth and Tax Relief Reconciliation Act of which an election under paragraph (4) ap- erence shall be considered to be made to a 2001 shall not apply to taxable years begin- plies.’’. section or other provision of the Internal ning during 2006. (2) COORDINATION WITH ELECTION OF ALTER- Revenue Code of 1986. (c) EFFECTIVE DATE.—The amendments NATIVE INCREMENTAL CREDIT.— (c) TABLE OF CONTENTS.—The table of con- made by this section shall apply to taxable (A) IN GENERAL.—Section 41(c)(4)(B) (relat- tents for this Act is as follows: years beginning after December 31, 2005. ing to election) is amended by adding at the Sec. 1. Short title, etc. SEC. 102. STATE AND LOCAL GENERAL SALES end the following: ‘‘An election under this TITLE I—EXTENSIONS OF CERTAIN TAXES. paragraph may not be made for any taxable PROVISIONS THROUGH 2006 (a) IN GENERAL.—Subparagraph (I) of sec- year to which an election under paragraph tion 164(b)(5) (relating to application of para- (5) applies.’’. Sec. 101. Allowance of nonrefundable per- graph) is amended by striking ‘‘January 1, (B) TRANSITION RULE.—In the case of an sonal credits against regular 2006’’ and inserting ‘‘January 1, 2007’’. election under section 41(c)(4) of the Internal and minimum tax liability. (b) EFFECTIVE DATE.—The amendment Revenue Code of 1986 which applies to the Sec. 102. State and local general sales taxes. made by subsection (a) shall apply to taxable taxable year which includes the date of the Sec. 103. Research credit. years beginning after December 31, 2005. enactment of this Act, such election shall be Sec. 104. Qualified tuition and related ex- treated as revoked with the consent of the penses. SEC. 103. RESEARCH CREDIT. Secretary of the Treasury if the taxpayer Sec. 105. Certain expenses of elementary and (a) EXTENSION.— makes an election under section 41(c)(5) of secondary school teachers. (1) IN GENERAL.—Subparagraph (B) of sec- Sec. 106. Qualified Zone Academy Bonds. tion 41(h)(1) (relating to termination) is such Code (as added by subsection (a)) for Sec. 107. Tax incentives for business activi- amended by striking ‘‘December 31, 2005’’ and such year. ties on Indian reservations. inserting ‘‘December 31, 2006’’. (3) EFFECTIVE DATE.—The amendments Sec. 108. Deduction for corporate donations (2) CONFORMING AMENDMENT.—Subpara- made by this subsection shall apply to tax- of computer technology and graph (D) of section 45C(b)(1) (relating to able years ending after the date of the enact- equipment. special rule) is amended by striking ‘‘Decem- ment of this Act. Sec. 109. Availability of medical savings ac- ber 31, 2005’’ and inserting ‘‘December 31, SEC. 104. QUALIFIED TUITION AND RELATED EX- counts. 2006’’. PENSES. Sec. 110. 15-year cost recovery for leasehold (3) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Subsection (e) of section improvements. made by this subsection shall apply to 222 (relating to termination) is amended by Sec. 111. 15-year cost recovery for restaurant amounts paid or incurred after December 31, striking ‘‘December 31, 2005’’ and inserting improvements. 2005. ‘‘December 31, 2006’’. Sec. 112. Taxable income limit on percent- (b) INCREASE IN RATES OF ALTERNATIVE IN- (b) LIMITATIONS.—Paragraph (2) of section age depletion for oil and nat- CREMENTAL CREDIT.— 222(b) (relating to applicable dollar limit) is ural gas produced from mar- (1) IN GENERAL.—Subparagraph (A) of sec- amended by striking subparagraphs (A) and ginal properties. tion 41(c)(4) (relating to election of alter- (B), by redesignating subparagraph (C) as Sec. 113. District of Columbia Enterprise native incremental credit) is amended— subparagraph (B), and by inserting before Zone. (A) by striking ‘‘2.65 percent’’ and insert- subparagraph (B) (as so redesignated) the fol- Sec. 114. Possession tax credit with respect ing ‘‘3 percent’’, lowing: to American Samoa. (B) by striking ‘‘3.2 percent’’ and inserting ‘‘(A) 2006.—In the case of a taxable year be- Sec. 115. Parity in the application of certain ‘‘4 percent’’, and ginning in 2006, the applicable dollar amount limits to mental health bene- (C) by striking ‘‘3.75 percent’’ and inserting shall be equal to— fits. ‘‘5 percent’’. ‘‘(i) in the case of a taxpayer whose ad- Sec. 116. Election to include combat pay (2) EFFECTIVE DATE.—The amendments justed gross income for the taxable year does under earned income credit. made by this subsection shall apply to tax- not exceed $65,000 ($130,000 in the case of a Sec. 117. Work opportunity credit. able years ending after the date of the enact- joint return), $4,000, Sec. 118. Welfare-to-work credit. ment of this Act. ‘‘(ii) in the case of a taxpayer not described Sec. 119. Extension of expensing of environ- (c) ALTERNATIVE SIMPLIFIED CREDIT FOR in clause (i) whose adjusted gross income for mental remediation costs. QUALIFIED RESEARCH EXPENSES.— the taxable year does not exceed $80,000 Sec. 120. Temporary relief from the alter- (1) IN GENERAL.—Subsection (c) of section ($160,000 in the case of a joint return), $2,000, native minimum tax. 41 (relating to base amount) is amended by and TITLE II—REDUCTION IN BENEFIT OF redesignating paragraphs (5) and (6) as para- ‘‘(iii) in the case of any other taxpayer, RATE REDUCTION FOR FAMILIES WITH graphs (6) and (7), respectively, and by in- zero.’’. INCOMES OVER $1,000,000 serting after paragraph (4) the following new (c) EFFECTIVE DATE.—The amendments made by this section shall apply to payments Sec. 201. Reduction in benefit of rate reduc- paragraph: made in taxable years beginning after De- tion for families with incomes ‘‘(5) ELECTION OF ALTERNATIVE SIMPLIFIED cember 31, 2005. over $1,000,000. CREDIT.— ‘‘(A) IN GENERAL.—At the election of the SEC. 105. CERTAIN EXPENSES OF ELEMENTARY TITLE III—MISCELLANEOUS PROVISIONS taxpayer, the credit determined under sub- AND SECONDARY SCHOOL TEACH- Sec. 301. Modification of active business def- section (a)(1) shall be equal to 12 percent of ERS. inition under section 355. so much of the qualified research expenses (a) IN GENERAL.—Subparagraph (D) of sec- Sec. 302. Veterans’ mortgage bonds. for the taxable year as exceeds 50 percent of tion 62(a)(2) (relating to certain expenses of Sec. 303. Capital gains treatment for certain the average qualified research expenses for elementary and secondary school teachers) is self-created musical works. the 3 taxable years preceding the taxable amended by striking ‘‘or 2005’’ and inserting Sec. 304. Vessel tonnage limit. year for which the credit is being deter- ‘‘2005, or 2006’’. Sec. 305. Clarification of taxation of certain mined. (b) EFFECTIVE DATE.—The amendment settlement funds. ‘‘(B) SPECIAL RULE IN CASE OF NO QUALIFIED made by subsection (a) shall apply to ex- TITLE I—EXTENSIONS OF CERTAIN RESEARCH EXPENSES IN ANY OF 3 PRECEDING penses paid or incurred in taxable years be- PROVISIONS THROUGH 2006 TAXABLE YEARS.— ginning after December 31, 2005. SECTION 101. ALLOWANCE OF NONREFUNDABLE ‘‘(i) TAXPAYERS TO WHICH SUBPARAGRAPH SEC. 106. QUALIFIED ZONE ACADEMY BONDS. PERSONAL CREDITS AGAINST REG- APPLIES.—The credit under this paragraph (a) IN GENERAL.—Paragraph (1) of section ULAR AND MINIMUM TAX LIABILITY. shall be determined under this subparagraph 1397E(e) (relating to national limit) is (a) IN GENERAL.—Paragraph (2) of section if the taxpayer has no qualified research ex- amended by striking ‘‘and 2005’’ and insert- 26(a) (relating to special rule for taxable penses in any one of the 3 taxable years pre- ing ‘‘2005, and 2006’’. years 2000 through 2005) is amended— ceding the taxable year for which the credit (b) EFFECTIVE DATE.—The amendment (1) in the text by striking ‘‘or 2005’’ and in- is being determined. made by subsection (a) shall apply to obliga- serting ‘‘2005, or 2006’’, and ‘‘(ii) CREDIT RATE.—The credit determined tions issued after December 31, 2005. (2) in the heading by striking ‘‘2005’’ and in- under this subparagraph shall be equal to 6 SEC. 107. TAX INCENTIVES FOR BUSINESS ACTIVI- serting ‘‘2006’’. percent of the qualified research expenses for TIES ON INDIAN RESERVATIONS. (b) CONFORMING PROVISIONS.— the taxable year. (a) INDIAN EMPLOYMENT TAX CREDIT.— (1) Subsection (i) of section 904 (relating to ‘‘(C) ELECTION.—An election under this (1) IN GENERAL.—Subsection (f) of section coordination with nonrefundable personal paragraph shall apply to the taxable year for 45A (relating to termination) is amended by credits) is amended by striking ‘‘or 2005’’ and which made and all succeeding taxable years striking ‘‘December 31, 2005’’ and inserting inserting ‘‘2005, or 2006’’. unless revoked with the consent of the Sec- ‘‘December 31, 2006’’.

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(2) EFFECTIVE DATE.—The amendment SEC. 112. TAXABLE INCOME LIMIT ON PERCENT- amended by striking ‘‘January 1, 2006’’ and made by paragraph (1) shall apply to taxable AGE DEPLETION FOR OIL AND NAT- inserting ‘‘January 1, 2007’’. years beginning after December 31, 2005. URAL GAS PRODUCED FROM MAR- (b) SPECIAL RULE.—The amount of any re- GINAL PROPERTIES. (b) ACCELERATED DEPRECIATION FOR BUSI- fund to which an individual is entitled by (a) IN GENERAL.—Subparagraph (H) of sec- reason of amendment made by subsection (a) NESS PROPERTY ON INDIAN RESERVATIONS.— tion 613A(c)(6) (relating to oil and natural shall not exceed the aggregate liability re- (1) IN GENERAL.—Paragraph (8) of section gas produced from marginal properties) is flected in the individual’s tax account (de- 168(j) (relating to termination) is amended amended by striking ‘‘January 1, 2006’’ and termined by taking into account the taxable by striking ‘‘December 31, 2005’’ and insert- inserting ‘‘January 1, 2007’’. year and all prior taxable years). ing ‘‘December 31, 2006’’. (b) EFFECTIVE DATE.—The amendment (c) EFFECTIVE DATE.—The amendment (2) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxable made by subsection (a) shall apply to taxable made by paragraph (1) shall apply with re- years beginning after December 31, 2005. years beginning after December 31, 2005. spect to property placed in service after De- SEC. 113. DISTRICT OF COLUMBIA ENTERPRISE cember 31, 2005. ZONE. SEC. 117. WORK OPPORTUNITY CREDIT. SEC. 108. DEDUCTION FOR CORPORATE DONA- (a) PERIOD FOR WHICH DESIGNATION APPLI- (a) IN GENERAL.—Subparagraph (B) of sec- TIONS OF COMPUTER TECHNOLOGY CABLE.—Subsection (f) of section 1400 (relat- tion 51(c)(4) (relating to termination) is AND EQUIPMENT. ing to time for which designation applicable) amended by striking ‘‘December 31, 2005’’ and (a) IN GENERAL.—Subparagraph (G) of sec- is amended by striking ‘‘December 31, 2005’’ inserting ‘‘December 31, 2006’’. tion 170(e)(6) (relating to termination) is both places it appears and inserting ‘‘Decem- (b) INCREASE IN AGE LIMIT FOR FOOD STAMP amended by striking ‘‘December 31, 2005’’ and ber 31, 2006’’. RECIPIENTS.—Clause (i) of section 51(d)(8)(A) inserting ‘‘December 31, 2006’’. (b) TAX-EXEMPT ECONOMIC DEVELOPMENT (relating to qualified food stamp recipient) is amended by striking ‘‘25’’ and inserting ‘‘35’’. (b) EFFECTIVE DATE.—The amendment BONDS.—Subsection (b) of section 1400A (re- (c) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to con- lating to period of applicability) is amended made by this section shall apply to individ- tributions made in taxable years beginning by striking ‘‘December 31, 2005’’ and insert- uals who begin work for the employer after after December 31, 2005. ing ‘‘December 31, 2006’’. (c) ZERO PERCENT CAPITAL GAINS RATE.— December 31, 2005. SEC. 109. AVAILABILITY OF MEDICAL SAVINGS (1) IN GENERAL.—Subsection (b) of section SEC. 118. WELFARE-TO-WORK CREDIT. ACCOUNTS. 1400B (relating to DC Zone Asset) is amended (a) IN GENERAL.—Subsection (f) of section (a) IN GENERAL.—Paragraphs (2) and (3)(B) by striking ‘‘January 1, 2006’’ each place it 51A (relating to termination) is amended by of section 220(i) (defining cut-off year) are appears and inserting ‘‘January 1, 2007’’. striking ‘‘December 31, 2005’’ and inserting each amended by striking ‘‘2005’’ each place (2) CONFORMING AMENDMENTS.— ‘‘December 31, 2006’’. it appears in the text and headings and in- (A) Paragraph (2) of section 1400B(e) (relat- (b) EFFECTIVE DATE.—The amendment serting ‘‘2006’’. ing to gain before 1998 and after 2010 not made by subsection (a) shall apply to indi- (b) CONFORMING AMENDMENTS.— qualified) is amended— viduals who begin work for the employer (1) Paragraph (2) of section 220(j) is amend- (i) by striking ‘‘December 31, 2010’’ and in- after December 31, 2005. ed— serting ‘‘December 31, 2011’’, and SEC. 119. EXTENSION OF EXPENSING OF ENVI- (A) in the text by striking ‘‘or 2004’’ each (ii) by striking ‘‘2010’’ in the heading and RONMENTAL REMEDIATION COSTS. place it appears and inserting ‘‘2004, or 2005’’, inserting ‘‘2011’’. (a) IN GENERAL.—Subsection (h) of section and (B) Paragraph (2) of section 1400B(g) (relat- 198 (relating to termination) is amended by (B) in the heading by striking ‘‘OR 2004’’ and ing to sales and exchanges of interests in striking ‘‘December 31, 2005’’ and inserting inserting ‘‘2004, OR 2005’’. partnerships and S corporations which are ‘‘December 31, 2006’’. (2) Subparagraph (A) of section 220(j)(4) is DC Zone businesses) is amended by striking (b) EFFECTIVE DATE.—The amendment amended by striking ‘‘and 2004’’ and insert- ‘‘December 31, 2010’’ and inserting ‘‘Decem- made by subsection (a) shall apply to expend- ing ‘‘2004, and 2005’’. ber 31, 2011’’. itures paid or incurred after December 31, (c) EFFECTIVE DATE.—The amendments (C) Subsection (d) of section 1400F (relating 2005. made by this section shall take effect on the to certain rules to apply) is amended by SEC. 120. TEMPORARY RELIEF FROM THE ALTER- date of the enactment of this Act. striking ‘‘December 31, 2010’’ and inserting NATIVE MINIMUM TAX. (d) TIME FOR FILING REPORTS, ETC.— ‘‘December 31, 2011’’. (a) IN GENERAL.—Section 55 (relating to al- (1) The report required by section 220(j)(4) (d) FIRST-TIME HOMEBUYER CREDIT FOR DIS- ternative minimum tax imposed) is amended of the Internal Revenue Code of 1986 to be TRICT OF COLUMBIA.—Subsection (i) of section by adding at the end the following new sub- made on August 1, 2005, shall be treated as 1400C (relating to application of section) is section: timely if made before the close of the 90-day amended by striking ‘‘January 1, 2006’’ and ‘‘(f) EXEMPTION FOR INDIVIDUALS FOR TAX- period beginning on the date of the enact- inserting ‘‘January 1, 2007’’. ABLE YEARS BEGINNING IN 2006.—For any tax- ment of this Act. (e) EFFECTIVE DATES.— able year beginning in 2006, in the case of an (2) The determination and publication re- (1) IN GENERAL.—Except as provided in individual— paragraph (2), the amendments made by this quired by section 220(j)(5) of such Code with ‘‘(1) IN GENERAL.—The tentative minimum respect to calendar year 2005 shall be treated section shall take effect on January 1, 2006. tax of the taxpayer shall be zero if the ad- as timely if made before the close of the 120- (2) TAX-EXEMPT ECONOMIC DEVELOPMENT justed gross income of the taxpayer (as de- day period beginning on the date of the en- BONDS.—The amendment made by subsection termined for purposes of the regular tax) is actment of this Act. If the determination (b) shall apply to obligations issued after the equal to or less than the threshold amount. date of the enactment of this Act. under the preceding sentence is that 2005 is a ‘‘(2) PHASEIN OF LIABILITY ABOVE EXEMPTION cut-off year under section 220(i) of such Code, SEC. 114. POSSESSION TAX CREDIT WITH RE- LEVEL.—In the case of a taxpayer whose ad- SPECT TO AMERICAN SAMOA. the cut-off date under such section 220(i) justed gross income exceeds the threshold (a) IN GENERAL.—Subparagraph (A) of sec- shall be the last day of such 120-day period. amount but does not exceed $112,500 ($225,000 tion 936(j)(8) (relating to special rules for SEC. 110. 15-YEAR COST RECOVERY FOR LEASE- in the case of a joint return), the tax im- certain possessions) is amended by inserting posed by subsection (a) shall be the amount HOLD IMPROVEMENTS. before the period at the end the following: which bears the same ratio to such tax (de- (a) IN GENERAL.—Clause (iv) of section ‘‘(before January 1, 2007, in the case of Amer- termined without regard to this subsection) 168(e)(3)(E) (relating to 15-year property) is ican Samoa)’’. as— amended by striking ‘‘January 1, 2006’’ and (b) EFFECTIVE DATE.—The amendment inserting ‘‘January 1, 2007’’. made by subsection (a) shall apply to taxable ‘‘(A) the excess of— ‘‘(i) the adjusted gross income of the tax- (b) EFFECTIVE DATE.—The amendment years beginning after December 31, 2005. payer (as determined for purposes of the reg- made by subsection (a) shall apply to prop- SEC. 115. PARITY IN THE APPLICATION OF CER- ular tax), over erty placed in service after December 31, TAIN LIMITS TO MENTAL HEALTH ‘‘(ii) the threshold amount, bears to 2005. BENEFITS. (a) IN GENERAL.—Paragraph (3) of section ‘‘(B) $12,500 ($25,000 in the case of a joint re- SEC. 111. 15-YEAR COST RECOVERY FOR RES- 9812(f) (relating to application of section) is turn). TAURANT IMPROVEMENTS. amended by striking ‘‘December 31, 2005’’ and ‘‘(3) THRESHOLD AMOUNT.—For purposes of (a) IN GENERAL.—Clause (v) of section inserting ‘‘December 31, 2006’’. this paragraph, the term ‘threshold amount’ 168(e)(3)(E) (relating to 15-year property) is (b) EFFECTIVE DATES.—The amendment means $100,000 ($200,000 in the case of a joint amended by striking ‘‘January 1, 2006’’ and made by subsection (a) shall take effect on return). inserting ‘‘January 1, 2007’’. the date of the enactment of this Act. ‘‘(4) ESTATES AND TRUSTS.—This subsection (b) EFFECTIVE DATE.—The amendment SEC. 116. ELECTION TO INCLUDE COMBAT PAY shall not apply to any estate or trust.’’. made by subsection (a) shall apply to prop- UNDER EARNED INCOME CREDIT. (b) EFFECTIVE DATE.—The amendment erty placed in service after December 31, (a) IN GENERAL.—Subclause (II) of section made by this section shall apply to taxable 2005. 32(c)(2)(B)(vi) (defining earned income) is years beginning after December 31, 2005.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27798 CONGRESSIONAL RECORD—HOUSE December 8, 2005 TITLE II—REDUCTION IN BENEFIT OF such sentence apply to distributions of such is amended by inserting ‘‘(determined with- RATE REDUCTION FOR FAMILIES WITH corporation. Any such election, once made, out regard to section 1221(b)(3))’’ after ‘‘long- INCOMES OVER $1,000,000 shall be irrevocable. term capital gain’’. SEC. 201. REDUCTION IN BENEFIT OF RATE RE- ‘‘(D) SPECIAL RULE FOR CERTAIN PRE-ENACT- (c) EFFECTIVE DATE.—The amendments DUCTION FOR FAMILIES WITH IN- MENT DISTRIBUTIONS.—For purposes of deter- made by this section shall apply to sales and COMES OVER $1,000,000. mining the continued qualification under exchanges in taxable years beginning after (a) GENERAL RULE.—Section 1 (relating to paragraph (2)(A) of distributions made before the date of the enactment of this Act. imposition of tax on individuals) is amended the date of the enactment of this paragraph SEC. 304. VESSEL TONNAGE LIMIT. by adding at the end the following new sub- as a result of an acquisition, disposition, or (a) IN GENERAL.—Paragraph (4) of section section: other restructuring after such date and be- 1355(a) (relating to qualifying vessel) is ‘‘(j) REDUCTION IN BENEFIT OF RATE REDUC- fore December 31, 2010, such distribution amended by inserting ‘‘(6,000, in the case of TION FOR FAMILIES WITH INCOMES OVER shall be treated as made after the date of the taxable years beginning after December 31, $1,000,000.— enactment of this paragraph for purposes of 2005, and ending before January 1, 2011)’’ ‘‘(1) IN GENERAL.—If the adjusted gross in- applying subparagraphs (A) through (C) of after ‘‘10,000’’. come of a taxpayer exceeds the threshold this paragraph.’’. (b) EFFECTIVE DATE.—The amendment amount, the tax imposed by this section (de- SEC. 302. VETERANS’ MORTGAGE BONDS. made by subsection (a) shall apply to taxable termined without regard to this subsection) (a) ALL VETERANS ELIGIBLE FOR STATE years beginning after December 31, 2005. shall be increased by an amount equal to 1.45 HOME LOAN PROGRAMS FUNDED BY QUALIFIED percent of so much of the adjusted gross in- SEC. 305. CLARIFICATION OF TAXATION OF CER- VETERANS’ MORTGAGE BONDS.— TAIN SETTLEMENT FUNDS. come as exceeds the threshold amount. (1) IN GENERAL.—Paragraph (4) of section (a) IN GENERAL.—Subsection (g) of section ‘‘(2) THRESHOLD AMOUNTS.—For purposes of 143(l) (defining qualified veteran) is amend- this subsection, the term ‘threshold amount’ 468B (relating to clarification of taxation of ed— certain funds) is amended to read as follows: means— (A) by striking ‘‘at some time before Janu- ‘‘(g) CLARIFICATION OF TAXATION OF CER- ‘‘(A) $1,000,000 in the case of a joint return, ary 1, 1977’’ in subparagraph (A), and TAIN FUNDS.— and (B) by striking subparagraph (B) and in- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(B) $500,000 in the case of any other re- serting the following: paragraph (2), nothing in any provision of turn. ‘‘(B) who applied for the financing before law shall be construed as providing that an ‘‘(3) TAX NOT TO APPLY TO ESTATES AND the date 25 years after the last on which such escrow account, settlement fund, or similar TRUSTS.—This subsection shall not apply to veteran left active service.’’. fund is not subject to current income tax. an estate or trust. (2) EFFECTIVE DATE.—The amendments The Secretary shall prescribe regulations ‘‘(4) SPECIAL RULE.—For purposes of sec- made by this subsection shall apply to fi- providing for the taxation of any such ac- tion 55, the amount of the regular tax shall nancing provided after the date of the enact- count or fund whether as a grantor trust or be determined without regard to this sub- ment of this Act. section. (b) REVISION OF STATE VETERANS LIMIT.— otherwise. ‘‘(5) TERMINATION.—This subsection shall (1) IN GENERAL.—Subparagraph (B) of sec- ‘‘(2) EXEMPTION FROM TAX FOR CERTAIN SET- not apply to taxable years beginning after tion 143(l)(3) (relating to volume limitation) TLEMENT FUNDS.—An escrow account, settle- December 31, 2010.’’. is amended to read as follows: ment fund, or similar fund shall be treated (b) EFFECTIVE DATE.—The amendments ‘‘(B) STATE VETERANS LIMIT.— as beneficially owned by the United States made by this section shall apply to taxable ‘‘(i) IN GENERAL.—A State veterans limit and shall be exempt from taxation under this years beginning after December 31, 2005. for any calendar year is the amount equal subtitle if— (c) SECTION 15 NOT TO APPLY.—The amend- to— ‘‘(A) it is established pursuant to a consent ment made by subsection (a) shall not be ‘‘(I) $53,750,000 for the State of Texas, decree entered by a judge of a United States treated as a change in a rate of tax for pur- ‘‘(II) $66,250,000 for the State of California, District Court, poses of section 15 of the Internal Revenue ‘‘(III) $25,000,000 for the State of Oregon, ‘‘(B) it is created for the receipt of settle- Code of 1986. ‘‘(IV) $25,000,000 for the State of Wisconsin, ment payments as directed by a government TITLE III—MISCELLANEOUS PROVISIONS and entity for the sole purpose of resolving or SEC. 301. MODIFICATION OF ACTIVE BUSINESS ‘‘(V) $25,000,000 for the State of Alaska. satisfying one or more claims asserting li- DEFINITION UNDER SECTION 355. ‘‘(ii) PHASEIN.—In the case of calendar ability under the Comprehensive Environ- Subsection (b) of section 355 (defining ac- years beginning before 2010, clause (i) shall mental Response, Compensation, and Liabil- tive conduct of a trade or business) is amend- be applied by substituting for each of the ity Act of 1980, ed by adding at the end the following new dollar amounts therein by the applicable per- ‘‘(C) the authority and control over the ex- paragraph: centage. For purposes of the preceding sen- penditure of funds therein (including the ex- ‘‘(3) SPECIAL RULE RELATING TO ACTIVE tence, the applicable percentage shall be de- penditure of contributions thereto and any BUSINESS REQUIREMENT.— termined in accordance with the following net earnings thereon) is with such govern- ‘‘(A) IN GENERAL.—In the case of any dis- table: ment entity, and tribution made after the date of the enact- Calendar Year: Applicable ‘‘(D) upon termination, any remaining ment of this paragraph and before December funds will be disbursed to such government 31, 2010, a corporation shall be treated as percentage is: 2006 ...... 20 percent entity for use in accordance with applicable meeting the requirement of paragraph (2)(A) 2007 ...... 40 percent law. if and only if such corporation is engaged in 2008 ...... 60 percent For purposes of this paragraph, the term the active conduct of a trade or business. 2009 ...... 80 percent. ‘government entity’ means the United ‘‘(B) AFFILIATED GROUP RULE.—For pur- ‘‘(iii) TERMINATION.—The State veterans States, any State or political subdivision poses of subparagraph (A), all members of limit for any calendar year after 2010 is thereof, the District of Columbia, any pos- such corporation’s separate affiliated group zero.’’. session of the United States, and any agency shall be treated as one corporation. For pur- (2) EFFECTIVE DATE.—The amendment or instrumentality of any of the foregoing. poses of the preceding sentence, a corpora- made by this subsection shall apply to bonds ‘‘(3) TERMINATION.—This subsection shall tion’s separate affiliated group is the affili- issued after December 31, 2005. not apply to accounts and funds established ated group which would be determined under after December 31, 2010.’’. section 1504(a) if such corporation were the SEC. 303. CAPITAL GAINS TREATMENT FOR CER- TAIN SELF-CREATED MUSICAL (b) EFFECTIVE DATE.—The amendment common parent and section 1504(b) did not WORKS. made by subsection (a) shall apply to ac- apply. (a) IN GENERAL.—Subsection (b) of section counts and funds established after the date ‘‘(C) TRANSITION RULE.—Subparagraph (A) 1221 (relating to capital asset defined) is of the enactment of this Act. shall not apply to any distribution pursuant amended by redesignating paragraph (3) as to a transaction which is— paragraph (4) and by inserting after para- The SPEAKER pro tempore. Pursu- ‘‘(i) made pursuant to an agreement which graph (2) the following new paragraph: ant to House Resolution 588, the gen- was binding on the date of the enactment of ‘‘(3) SALE OR EXCHANGE OF SELF-CREATED tleman from New York (Mr. RANGEL) this paragraph and at all times thereafter, MUSICAL WORKS.—At the election of the tax- and the gentleman from Michigan (Mr. ‘‘(ii) described in a ruling request sub- payer, paragraphs (1) and (3) of subsection (a) CAMP) each will control 30 minutes. mitted to the Internal Revenue Service on or shall not apply with respect to any sale or The Chair recognizes the gentleman before such date, or exchange before January 1, 2011, of musical ‘‘(iii) described on or before such date in a from New York. compositions or copyrights in musical works Mr. RANGEL. Mr. Speaker, I yield public announcement or in a filing with the by a taxpayer described in subsection Securities and Exchange Commission. (a)(3).’’. myself such time as I may consume. The preceding sentence shall not apply if the (b) LIMITATION ON CHARITABLE CONTRIBU- Mr. Speaker, we have a Democrat distributing corporation elects not to have TIONS.—Subparagraph (A) of section 170(e)(1) substitute that really is not in sharp

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27799 conflict with the Republican bill. Many lation, we did not choose to raise taxes, next 10 years. That is what the choices things we tried and include and did as the gentleman’s substitute does, to are here. suggest in the brief time we had to the tune of $40 billion. So because of Mr. Speaker, they do not even main- work on this bill. Basically, what we that, the AMT is done outside of the tain fiscal discipline, because if the have done, though, is to pay more at- reconciliation process. AMT thing were to happen, it would be tention to the middle class that really When I hear so many on the other unpaid for and would add to the deficit. are the victims of the alternative min- side of the aisle talk about high-in- Our substitute has very different prior- imum tax than we pay attention to the come earners, I remind Members that ities. I urge its adoption. richest of America who do not find many small businesses in the United b 1300 their Republican tax cuts being threat- States file as individuals. So when they Mr. CAMP. Mr. Speaker, I yield 2 ened until 2009. Why did we do this? Is have this $40 billion tax increase, that minutes to the gentlewoman from it merely a technicality? It is a very is really on small businesses and the Pennsylvania (Ms. HART), a distin- families that those small businesses important difference. guished Member of the Ways and Yes, we voted on the Suspension Cal- support. According to the Treasury De- Means Committee. endar to provide relief for these people, partment, 80 percent of the people af- Ms. HART. Mr. Speaker, I rise in op- not as much as we do in our substitute; fected by the $40 billion tax increase in position to the Democrat substitute. but people have to understand the Sus- their substitute are small and entre- This proposal actually does not con- pension Calendar in the House is not preneurial businesses. That is the en- tinue some very important provisions protected under the other body’s rules. gine of job creation in America, and for low income Americans. It does not They protected those people that they that is why our economy has recov- extend a savers credit which actually wanted to protect, those enjoying cap- ered, because we have helped those allows a match for savings for poorer ital gains and will continue to enjoy small businesses. people by the government. Their sub- capital gains and corporate dividend Mr. Speaker, I reserve the balance of stitute does not include an expensing tax cuts until 2009. Why would they not my time. provision for small businesses that al- include right in this bill, that would be Mr. RANGEL. Mr. Speaker, I yield 3 lows them to use more of their money protected on the other side, I do not minutes to the gentleman from Michi- instead of sending it to the government know their political reasons. gan (Mr. LEVIN), a distinguished mem- so that they can grow their business But I do know this: what we refuse to ber of the Committee on Ways and and create jobs. It does not allow a pro- do is to give tax cuts that would extend Means. vision that provides tax benefits to the deficit. We do not do that to gen- Mr. LEVIN. Mr. Speaker, the issue those who clean up brownfield sites to erations that follow. Nor do we hit the here is priorities and choices. There are encourage new job creation in some of poor who are sick or the kids that want some similarities, but the differences our older towns. It does not include the to go to school or the foster kids or are vast. Let us look at the whole pic- most important provision, which is the those kids that are dependent on ture here, the whole picture. reduced rate on capital gains and divi- money from their fathers who have You have an alternative minimum dends that has created all of these new abandoned their mothers. We do not do tax that is going to hit millions of peo- jobs. it in this season, nor do we do it any- ple if we do not act. We have $45 billion Now, you do not have to be an econo- time, because there is a difference in in extenders on which there is basic mist to understand these lines. On the what we believe in. agreement. We have a reduction in the left-hand side, you see all the bars I am suggesting this: if Members sup- capital gains and dividends tax which below the line. On the right-hand side, port the substitute, you are supporting continues for the next few years. We all the bars are above the line. And deductions for State and local taxes, have proposed budget cuts. We also what do those bars represent? Well, on real estate taxes, the deduction for col- have the alleged, by the Republicans, the first half it is from January 2001 lege tuition, the research credit they need for fiscal discipline. until we passed the capital gains and talk about that we agree is so impor- So what are their choices, because dividends tax reductions. tant, the work opportunity tax credit, you cannot really do everything. So Interestingly enough, taxes were tax incentives for the District of Co- here is their choice: extend the divi- high, investment was low. These bars lumbia and for Indian reservations, 15- dends and capital gains reduction that show job losses. All of the bars under- year depreciation period for leasehold continues in any event, extend it to neath the line are job losses. We passed improvements and restaurant improve- 2009 and 2010 even though over 50 per- the capital gains cut, the dividends ments, qualified zone academic bonds, cent goes to people making $1 million a cut, what happens? Businesses save the brownfields cleanups, and several year. That is their first choice. more of their money, reinvest, create other important, but minor, provisions. Their second choice is budget cuts: jobs. All the bars above the line, they What I am suggesting is that the cuts in student loans, cuts in child sup- show an average job gain, per month, major decision of those of you who will port. And I want to say to my col- since we passed the capital gains and have to vote is whether or not you league from Michigan, administrative dividends cuts of 148,700 jobs. That is want to give $20 billion of tax relief to money for child support goes to raise just an average. As you can see, some people who would not need it until 2009 money for children, not for bureau- months were higher than others, but at the expense not only of the deficit crats. It is 4 to 5 dollars for every dol- across the board we created almost but at the expense of the poorest lar we provide in administrative sup- 150,000 jobs a month as a result of a among us; or whether you want to take port. Essentially, what the Republicans provision that the Democrat substitute the good things that we could find in do is to reduce the amount of money would cancel. this bill, not increase the deficit and going to kids over the next 10 years by I urge my colleagues to cancel the not cut the programs for the poor, and $24 billion. Democrat substitute. have a Democratic substitute that Their choice also was to leave out Mr. RANGEL. There must be some makes sense to the American people the AMT from this bill, but then they chart around to show how many people and, hopefully, to the House of Rep- bring up a bill yesterday, do not pay were pushed into poverty during that resentatives. for it, and it can be objected to in the same period of time and our wages Mr. Speaker, I reserve the balance of Senate and may not happen at all. So have been reduced, but we have it in my time. their choice is clear: tax relief that the back if any of our Members would Mr. CAMP. Mr. Speaker, I yield my- goes to people making a million bucks like to use it. self such time as I may consume. or more and cutting student loans, cut- Mr. Speaker, I yield 3 minutes to the Mr. Speaker, I would say to my ting food support for people who need gentleman from Maryland (Mr. friend from New York that we have it, and cutting child support which will CARDIN), a distinguished Member of our dealt with the AMT issue. In our legis- mean reductions of $24 billion over the Ways and Means Committee.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27800 CONGRESSIONAL RECORD—HOUSE December 8, 2005 Mr. CARDIN. Mr. Speaker, let me and how we treat our families, small $8.1 trillion. This is available on thank the gentleman from New York businesses that are affected by the al- www.publicdebt.treas.gov. Do not take for yielding me this time, and thank ternative minimum tax, compared to my word for it. Go, please, look it up. him for putting together a substitute legislation that this House passed just In 2004, 16 of 23 Federal agencies could that makes sense, that is an important yesterday, we treated soldiers better, not provide an acceptable audit. That bill. Yes, it is important to extend the by providing them immediate cash re- is available at www.gao.gov. Right expiring tax provisions, and the Rangel funds on their tax treatment. I do not now, mainland China and Hong Kong substitute does that. Research and de- want to step back from that today in have accumulated over $300 billion velopment, the work opportunity tax the substitute. We help 21⁄2 million worth of our debt. That data is avail- credit, all the important tax provisions more families and small businesses able on the Treasury Department’s that will expire, the substitute extends with their alternative minimum tax Web site. Again, this is not an argu- those provisions. That is important. yesterday, again, almost nearly unani- ment. This is fact. Go look it up. I said The Rangel substitute does another mously. the other day when I was talking, thing that is extremely important. It I do not want to step back from that things are so bad with our borrowing deals with the alternative minimum with this substitute. And the original out of control that if China attacked tax affecting 16 million of our tax- bill provides three provisions that are Taiwan, we would have to borrow the payers of the 19 million that are under really helpful for a lot of families in money from China to defend Taiwan. 16 the alternative minimum tax. That is this country. It extends for 1 year the percent of all the taxes we collect now very important to get done. And the sales tax deduction, which provides in this country go to pay interest. And Rangel substitute deals with that. The every family in the country a choice to it gets worse by the minute. Interest Rangel substitute deals with other in- deduct either their state and local in- on the public debt grew more rapidly equities in the Tax Code, correcting come taxes or their State and local than any other spending category in them and getting them done right. But sales taxes. What it means is sales the Federal Government last year. In the substitute does one more thing taxes, as you know, add up a great 2005 we paid in checks $184 billion, in that is very important to be done, and deal, add up fast for families. This tax checks. If you assume that we continue that is it is fiscally responsible. It does relief just stretches the family pay- to do these tax bills without paying for not add to the national debt. We have check a little farther and prevents hun- them, the GAO projects that in the huge deficits, and where do you think dreds of millions of dollars of tax in- year 2040, every dime collected by this we get our money in order to pay the creases on families that would start government will go to pay interest on bills? Money is coming, not from for- right after this Christmas holiday. past consumption on interest only That would be unfair. The original bill eign investors or U.S. investors, it is debt. coming primarily from foreign-owned extends this. This also provides help to Now, what does that mean? Where banks who are buying our currency not universities that receive dollars, high- are we now? This is hard to imagine, because it is a good investment, they er education from the public higher but so far, in this fiscal year, we have are buying it in order to have a favor- education utility fund that extends a borrowed $130 billion and spent $39 bil- provision that helps provide more high- able exchange rate with the U.S. dollar lion on interest in just the first 2 er education dollars for certain univer- so that they can send more products months of this fiscal year. November’s sities. And then it also, for 10 states, here into the United States. $22 billion payment was the largest allows more veterans to get low inter- It is important that we be fiscally re- ever. Debt interest grew more rapidly est home loans in order when they sponsible, that we do not add to the in the first 2 months, 38 percent, rel- come back from the war in Iraq and the deficit. The Concord Coalition, a non- ative to the same rate last year. The war on terrorism to get an opportunity partisan group that is only interested Federal Reserve is raising interest to get that first home. That is very im- in trying to deal with the national rates and has 12 times. Really, all I am portant to a state like Texas. I strong- debt, said that tax cuts need at a min- saying is this. We are on an unsus- ly support the underlying bill as very imum to be offset, that we should not tainable financial glide path and every important tax relief for this country. add to the deficit through the tax bills. Mr. RANGEL. Mr. Speaker, I yield reputable economist will tell you that. The Rangel substitute pays for these We want to work with the Republicans. 31⁄2 minutes to the gentleman from tax reliefs. It is fiscally responsible. It Tennessee (Mr. TANNER), an out- We want to try to do tax relief when it not only provides relief in the Tax Code standing member of this committee makes sense and makes more com- that we need to provide for the tax- who truly understands the problem of merce happen and so forth. But we can- payers of this country, it does not bur- the deficit. not do it because we cannot reach the den this Nation and the future genera- Mr. TANNER. Mr. Speaker, I think real problem. tions. And by the way, it is also good the American people just want to hear You know what the problem is for growth. Our deficit hurts growth in us try to get along and give them the around here? You let the PAYGO rules this country. The Rangel substitute is level, be on the level with them, give lapse in 2002. We do not have meaning- sensitive to the need for us to make them straight talk. ful enforceable budget caps. We do not sure that we are on the right glide path What has happened here in the last have a balanced budget amendment to create jobs in our economy. Mr. several years is we have reduced reve- that has ever been voted on. And what Speaker, this is the right thing to do. nues with bills like this and increased we have is a failure of not only commu- We want to provide tax relief, but we spending. Now, you can do that for a nication but a failure of management should do it in a way that does not bur- little while, and all of us have done it of the budget process. And we are get- den our children and grandchildren. from time to time, I assume, with our ting deeper and deeper in trouble by I urge my colleagues to support the credit cards. But you cannot do it for- the minute. Rangel substitute. ever and every American knows that. Mr. CAMP. Mr. Speaker, I yield 1 Mr. CAMP. Mr. Speaker, I yield 2 To give you some recent history, in minute to the gentleman from Missouri minutes to the gentleman from Texas 2002, we had to increase the debt limit (Mr. BLUNT), the distinguished major- (Mr. BRADY), a distinguished Member of money that we could borrow by $450 ity leader. of the Ways and Means Committee. billion in this country. In 2003, we had Mr. BLUNT. Mr. Speaker, I am in op- Mr. BRADY of Texas. I appreciate to increase it again by $984 billion. In position to the substitute because I am my colleague from Michigan, his lead- 2004, again, by $800 billion. And in the for the underlying bill and I am for the ership in helping boost our economy, budget resolution, it is not in this bill, things it has done for our economy. extend this tax relief. I strongly sup- they propose another $781 billion in- One of the great changes that this bill port the original bill over the sub- crease in the limit that we can borrow. showed in what happens in the Federal stitute. The substitute takes a step Now, what that means is, since 2001, Government is a belief that people are backward in how we treat our soldiers the Federal debt has grown from 5.6 to better at solving economic problems

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And the numbers sponsible to put debt on top of massive with some big complicated government are about the same. For the dividend debt when we know at the end of the program, but to trust the people to let rates, one out of four people that ben- horizon there is still more debt that them keep more of their money, to put efit from that tax make under $50,000. will come in the years to come: $27,000 some minor incentives in the Tax Code Fifty-nine percent of the people that is what each and every man, woman, to do whatever they wanted to do soon- benefit from that tax make under and child in this country owes as a re- er, rather than later, but no incentive $100,000. Those are the same people sult of our Nation’s debt. in the Tax Code to do a specific thing. that on this floor yesterday we talked It is irresponsible, Mr. Speaker, to The incentive was to trust the Amer- about how important it was they not take Social Security surplus money, ican people to see what we could do to be negatively affected by the alter- which the President said back in 2001 get the economy growing again and native minimum tax. I agree with that. he could protect and never touch as he going again, and that is what has hap- So did everybody but four people on moved forward with these tax cuts. It pened. But this is no time for that to the floor of the House that voted yes- is irresponsible, Mr. Speaker, to take stop. This is no time to say we should terday. those Social Security surpluses and I agree that we ought to continue put the brakes on this economy, just then contribute them to the wealthiest these tax policies that are working for because the unemployment rate is Americans. In essence, we are gifting America. That means we need to reject lower than the average of the 1970s, the Social Security surplus moneys the substitute, even a substitute from 1980s and 1990s. It is still 5 percent. We contributed by working Americans; we my good friend (Mr. RANGEL), and move should want it to be lower than that. are gifting that to the wealthiest to the underlying bill and keep this Just because income to the Federal Americans in this country through Government increased last year at a economy growing. Mr. RANGEL. Mr. Speaker, I yield these tax cuts. rate three times the projection, the myself such time as I may consume. Mr. Speaker, it is irresponsible to highest increase in Federal Govern- I have all the respect for the major- move forward with these tax cuts at ment ever without a tax increase, how ity leader, and it is true that he knows the same time that we are telling did that happen? It happened because some of these people that have gone American families, mostly middle class the economy was working. It happened from upper middle income to become that rely on student loans so they can because more people had jobs, that $100 higher-income people, and there are send their young men and women to billion that came in in the fiscal year other people in this country that have college, their young daughters and sons that ended September 30 that we did seen middle-income people slip into the are going to have to pay $5,000 more a not anticipate, did not come in by acci- rolls of poverty. So in order to have a year in their student loans so we can dent. It came in because of a strong more well-balanced bill, we con- take care of the 1 percent wealthiest and growing economy. What the under- centrated on the middle class by put- Americans in this Nation in these bills. lying bill does is say, let us not in- ting the alternative minimum tax into It is irresponsible, Mr. Speaker, to crease taxes. Let us keep the tax struc- this bill to make certain that when it move forward in that way. ture that is growing this economy in gets to the body, it is protected and we It is irresponsible then to further say place. Let us send a signal that that do not have to depend on just one of we still need to make more cuts and we tax structure is in place, at least until those people over there rejecting it for need to go into the foster care program 2010, and it makes a difference. this higher tax cut, which, of course, and take $600 million out of the foster b 1315 does not adversely affect anybody, as care program which helps us take a the majority leader said, until 2009. I was listening to the debate earlier, child out of an abusive home and move Mr. Speaker, I yield 3 minutes to the that child into a safe setting. It is irre- and so much of the debate earlier was gentleman from California (Mr. about wealthy Americans. Amazingly, sponsible to take $5 billion out of a BECERRA), a hardworking member of child support system that says to dead- those same Americans yesterday were the Ways and Means Committee. the upper middle class. Overnight beat dads that we are going to take Mr. BECERRA. Mr. Speaker, I thank money from them, we need to enforce somehow the upper middle class be- the gentleman for yielding me this came wealthy Americans. that, to take $5 billion, make it into time. cuts, and therefore make it more im- But not just the upper middle class Mr. Speaker, I urge the Members of possible for us to get those deadbeat benefits from this. All Americans ben- this body to support the Rangel sub- dads to help the mothers who are tak- efit from this in their own way. In the stitute. reduction in the capital gains rate, one If we recall the words of a famous ing care of their sons and daughters in out of five people that take advantage President this country had, a man of this country. It is irresponsible. and benefit from the capital gains rate heroic proportions, Harry Truman, he Mr. Speaker, it is responsible when has an income below $50,000. Fifty- said, ‘‘The buck stops here.’’ And, un- we have a Democratic substitute, as eight percent of the people that have a fortunately, we are forgetting the Mr. RANGEL has, that says we are going benefit from that have an income words of Harry Truman because today to cut taxes, but in a targeted way, for below $100,000. it seems like the mantra of the leader- the middle class, in a responsible way The capital gains, I know these peo- ship in this House of Representatives is by making sure we pay for it so we do ple, as other Members do. The janitor the buck stops with your children or not increase the size of the deficit. And at school who has figured out how his perhaps your grandchildren, because that is what should pass, Mr. Speaker. renters help him pay for two rental we are in a portion of our Nation’s his- President Truman was right. The houses, and every time the pipes freeze, tory where we have run up national buck stops here. Let us do it today for he is crawling under that rental house. deficits bigger than we have ever seen ourselves. Let us not leave the debt to It has depreciated down to where the in our life. We run up deficits in 1 year our children. value for tax purposes may not be very that it would have taken 200 years of Mr. CAMP. Mr. Speaker, I yield 2 high, but it is everything that man or Presidents to run up in the history of minutes to the gentleman from Vir- woman had been able to accumulate, this Nation. ginia (Mr. CANTOR), distinguished and that person benefits greatly from Mr. Speaker, in a time of disasters, member of the Ways and Means Com- this 15 percent rate. Why raise that Rita, Katrina, on and on; in a time of mittee.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27802 CONGRESSIONAL RECORD—HOUSE December 8, 2005 Mr. CANTOR. Mr. Speaker, I rise in ever, the Homeland Security Depart- our economy strong and our domestic opposition to the substitute and in ment; and that has not taken care of job base growing. favor of the underlying bill. poor people across this country, par- Mr. Speaker, as a lead sponsor of the I want to talk about some of the alle- ticularly the victims of Katrina and Stealth Tax Relief Act of 2005, the leg- gations that have been brought up in Rita as it goes on. islation designed to prevent massive this debate. One is the fact that per- But can you imagine they will not increases in the alternative minimum haps by continuing the tax policies or tell the American people the truth. tax, or AMT, from sneaking up on mil- extending the reduction in tax rate, es- They will not tell them that last week lions of unsuspecting taxpayers next pecially in the area of tax dividends we reduced programs so that this week year, I want to take just a moment to and capital gains tax, that somehow we we could extend taxes that do not even comment on the Democrat substitute. are aggravating the deficit. I think need to be extended. Can you con- Just 24 hours ago, the House passed my that the evidence is pretty conclusive template that the extension of the cap- bill by an overwhelming bipartisan that we have seen a tremendous stim- ital gains dividends is going to cost us vote of 414–4. Together we sent a ulus and tremendous growth in reve- $50.7 billion over the next 10 years. strong, unmistakable signal to our col- nues because of this tax policy. Now, work with me for a moment. If leagues across the Capitol that extend- If I could quote the Chairman of the you work with me, you could under- ing the temporary AMT relief that is Federal Reserve Board, back in June of stand that with that $50.7 billion, scheduled to expire in just a matter of this year he said: ‘‘I do think that 12,571,089 people could have health care weeks is an important priority that there are parts of the existing recent coverage; 959,230 elementary school must be addressed. tax changes, especially with respect to teachers could be paid; 7,331,106 Head b 1330 eliminating part of the double taxation Start places for children who need a of dividends, which I think enhances head start could go back to school; But what does today’s Democratic economic growth, enhances the tax 32,565,528 children could receive health substitute do? Yes, it provides relief base and, therefore, tax revenues, and care; and, more importantly, we could from AMT. To pay for it, the Demo- that it is good economic policy.’’ build 6,514 new elementary schools in cratic substitute increases taxes on The second point that I think is these United States. families and on small businesses that being made in favor of the substitute But, instead, we are going to extend create so many jobs in our community. and opposing the underlying bill is say- taxes beyond this year when we are Mr. Speaker, just yesterday all but ing that the extension of the reduction still at war in Iraq and we are spending four Members of the Democratic Party in tax rates on cap gains and dividends billions of dollars a day to give the supported AMT relief in the House for somehow is a tax cut for the rich. I Iraqi children what we will not even our hardworking middle class without could not disagree more. And, in fact, give our children right here at home. increasing taxes. But today, just 24 our own Joint Committee on Taxation, My math works better than that. hours later, our friends on the other on the AMT extension’s impact, com- See, I know one plus one equals two. I side of the aisle are back singing a fa- pares the two, the one that we acted on understand that it is these United miliar tax-raising tune, one that al- yesterday and the one today. The AMT States that is supposed to be taking ways leaves families with less money extension impacts 14 million taxpayers; care of our babies and giving them a in their wallets on April 15, and small 62 million taxpayers benefit from re- chance to go to school and giving them businesses with less money on their duced rates on cap gains and dividends. a chance to go to college. And for them balance sheets. The Democratic sub- And per the most recent IRS data, 96 to have the gall to say that a janitor stitute should be defeated. percent of taxpayers hit by the AMT in sitting on a stool is going to save some Mr. Speaker, earlier in this debate, a 2003 had adjusted gross incomes in ex- money or get some money on capital colleague on the other side of the aisle cess of $100,000. So it is clear. gains, give me a break. claimed that the Republican majority Furthermore, the Joint Economic You know it is not the janitor sitting has done little to fight the AMT since Committee says that 60 percent of on the stool; you know it is the man winning the House in 1994. To the con- those paying capital gains taxes earn who owns the janitorial company. trary. Our Republican majority has re- less than $50,000 annually; 85 percent Mr. CAMP of Michigan. Mr. Speaker, peatedly provided temporary AMT re- earn less than $100,000 annually. and the $40 billion in taxes in the Dem- lief since we took control, an effort This is about jobs. This is about cre- ocrat substitute certainly will not give which we continued yesterday with the ating jobs for America’s families, and I many Americans a break. passage of the Stealth Tax Relief Act. urge rejection of the substitute and Mr. Speaker, I yield 3 minutes to the I would further remind my friends on passage of the underlying bill. gentleman from New York (Mr. REY- the other side of the aisle that in 1999 Mr. RANGEL. Mr. Speaker, I yield 3 NOLDS), a distinguished member of the the Republican Congress sent a bill to minutes to the gentlewoman from Ohio Ways and Means Committee. the President’s desk that would have (Mrs. JONES), a distinguished member Mr. REYNOLDS. Mr. Speaker, I repealed the AMT entirely. Unfortu- of the Ways and Means Committee. thank the gentleman from Michigan nately, no Democrats in the House sup- Mrs. JONES of Ohio. Mr. Speaker, I for yielding me this time. ported that bill, and President Clinton would like to compliment my chair- Mr. Speaker, I rise today in strong vetoed it. man, Mr. CHARLES RANGEL, for his support of H.R. 4297, the Tax Relief Ex- Finally, I would remind Members leadership on this issue. tension Reconciliation Act of 2005, and that in 1993, as an era of the Demo- I am glad to be on the Ways and in opposition to the Democrat sub- cratic control was coming to an end, Means Committee and glad to have the stitute. one of the last things that our friends opportunity to talk about some of Mr. Speaker, the Ways and Means on the other side of the aisle did was to these taxing issues. bill before us today addresses a number provide a retroactive increase for the It just amazes me that the majority of important priorities that are broad- AMT without indexing the exemption can stand here and have the gall to tell ly supported by Members on both sides levels. veterans that they are going to treat of the aisle. These include tax savings Mr. Speaker, I urge passage of our them better, to tell the people of Amer- for higher education expenses, small bill and defeat of the Democratic sub- ica that they are better at solving business tax relief, tax incentives for stitute. problems than the government and so research and development by U.S. com- Mr. RANGEL. Mr. Speaker, I agree we are going to give them two cents panies that create good jobs. The bill with my distinguished friend from New back to pay for a $100 bill; to have the also includes an extension of the lower York (Mr. REYNOLDS) that the Repub- gall to say that we are not going to rates for capital gains and dividends, licans did send a signal to protect the create bigger government and then an important priority for the ever- alternative minimum tax. We want to they created the biggest institution growing investor class that will keep do a lot more.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27803 Mr. Speaker, I yield 3 minutes to the ture. The average janitor does not have future: 4.4 million hardworking Ameri- gentleman from Washington (Mr. a way to manipulate the system. cans can now provide for their families MCDERMOTT), who can explain the dif- And that is why the gentleman from this Christmas. And more than just ference between what you want to do New York’s (Mr. RANGEL) is the only providing food and shelter, these jobs and what we want to do in this sub- honest way if you want to protect the are providing new-found hope and op- stitute. middle class. I urge your vote for the portunity. We cannot go back. We must Mr. MCDERMOTT. Mr. Speaker, you alternative minimum tax proposal. prevent this Democratic tax increase. say one thing for political cover, and Mr. CAMP. Mr. Speaker, the current Mr. RANGEL. Mr. Speaker, I yield 3 then you do another thing for your rate structure of the AMT was created minutes to the gentleman from South friends. That is what we are doing here by the Democrats in 1993 with no Re- Carolina (Mr. SPRATT). today. publicans supporting the bill. Mr. SPRATT. Mr. Speaker, over the Just last month the Speaker said, ‘‘I I yield 2 minutes to the gentleman last few days we have seen a flurry of will tell you that the most mean-spir- from Texas (Mr. HENSARLING). tax cuts on the House floor: three yes- ited thing we can do is leave our chil- Mr. HENSARLING. Mr. Speaker, un- terday, another one, a big one, today. dren with a debt they cannot pay.’’ less we enact H.R. 4297 and defeat the And over the last 6 months, four other That came from the Speaker. That did Democratic substitute, Americans will bills have been enacted that have tax not come from our side. That is the au- receive a most unwelcome Christmas cuts and concessions built into them, thority of the majority in this House. gift from the Democrats, a huge auto- for example, the Energy Policy Act. Well, the words were right. But, you matic tax increase. This will cost fami- By breaking all of those tax cuts into know, the Speaker knows, and I know lies billions of dollars and jeopardize small pieces and by burying them in him well, he went to a college where millions of their jobs. other bills, not tax bills, the audit trail you know about the Bible. And there is Mr. Speaker, let me tell you just very quickly becomes hard to follow. It a Bible verse that says, by their deeds about a few of those jobs that could be is hard to see the forest for the trees. ye shall know them. And it is the deeds lost in my east Texas district if the Hard to see in the aggregate how all of out here that really make the dif- Democrats have their way in raising these different tax cuts add up. ference. taxes. Hugh Dublin owns a small busi- So let us look at the revenue score- Now, the difference between what ness called East Texas Right of Way in card over the last 6 months, bearing in happened yesterday and what is hap- my district. He specializes in the leas- mind that every delay of revenues cut pening in the gentleman from New ing of land. is a dollar added to the deficit. First of York’s bill is very simply this. Yester- Due to tax relief, his company has all, the highway bill: $500 million. The day you sent a signal. You sent a press grown from two full-time employees to Energy Policy Act: $6.9 billion over 5 release. You sent a message out up into four full-time employees. His two new years. The Katrina Emergency Tax Re- the ether knowing, absolutely know- employees are called Dan and David. lief Act: $6.1 billion over 5 years. The ing, it would not pass, because it is not They were unemployed. They were out Stealth Tax Relief Act, the 1-year ex- protected in the Senate. You know of work. But due to the expansion of tension, or patch, to the AMT adopted that. You know how to run this place. this business, they were able to start yesterday: $31.2 billion. Today’s bill: You can confuse the people, but you new careers. $56.1 billion. The bill we adopted yes- cannot confuse anybody who knows The Democrats now want to raise terday, a miscellany of small tax cuts, what is going on in here. The fact is taxes on Hugh Dublin and his small but it adds up to $153 million. And fi- that the gentleman from New York’s business. They want to jeopardize Dan nally the Gulf Opportunity Zone Tax proposal is one that puts it in law and and David’s paychecks and replace Act which was passed yesterday: $7.1 protects it so that we can do something them with welfare checks, and this billion. about the AMT. they call compassion. The total amount of all of these tax Let me say something about the Eddie Alexander owns Triple S Elec- cuts comes to $108 billion. So if you AMT. I bet you most people listening tric in Henderson, Texas, an electrical pass this bill today, the total impact to this do not know what AMT stands contracting business. Since the passage that you will have taken with today’s for. It stands for alternative minimum of our economic growth program with vote and recent votes comes to 108. tax. It was put in in 1986 because there tax relief, he has been able to hire two But wait, it is not over yet. Because were people at the top of the scale who more full-time employees, Jared and there is a provision in this bill, a provi- were not paying one single penny of John, both of whom were out of work, sion in our substitute, a provision in tax. but both now provide homes for their yesterday’s bill that indicates some- So it was decided in this body that families. The Democrats want to raise thing has got to be done about the al- everybody who benefits from the taxes on Eddie Alexander and his small ternative minimum tax. We are going United States of America should pay business. to have to fix the alternative minimum some taxes for a civil society. The fail- They want to jeopardize Jared and tax. If you fix it for 5 years, not 1, the ure to index that tax has allowed it to John’s paychecks and replace them aggregate effect of this fix, of all of the creep down to people making $75,000 or with welfare checks, and this they call other tax cuts along with it, comes to $100,000; and suddenly, instead of being compassion. $301 billion over 5 years. a few people at the top, it is now 14 or Gil Travers owns Travers & Com- That is the sum total that these tax 20 million, depending on how you want pany, a home building company in Ath- cuts will add to the deficit, $301 billion to figure. That was never the intent. ens, Texas. Due to the housing boom if you fix the AMT next year and the From 1994 to the present, you have from tax relief, they have had to hire following years the same way we are allowed it to go from covering 200,000 three new workers, Jan, Calvin and fixing it this year. So the net effect on people to 14-plus million people. You Christy. They were all previously un- the deficit is $301 billion in all political want to use that as an excuse for try- employed. They have been hired to help reality. ing to get rid of the tax structure. And clean up all of the job sites from the So every Member here who is in ear- we know that it was intended and you new homes. nest about the deficit should be on no- know it was intended to tax everybody But the Democrats now want to raise tice. You have a choice: you can vote in this country. taxes on Gil Travers and his small for the underlying bill and add $301 bil- The repeal that you tried to put business. They want to jeopardize lion to the deficit over the next 5 through here under Clinton was an at- Jan’s, Calvin’s, and Christy’s pay- years, or you can vote for this bill and tempt to let the top off taxes at all. checks and replace them with welfare provide middle-income tax relief and You simply wanted to give them an in- checks, and this they call compassion. not add a dime to the deficit. ternal tax holiday if they could figure Mr. Speaker, tax relief has credited Here, in effect, is what your choice out how to manipulate the tax struc- 4.4 million new tax-paying jobs with a is. We stand at a crossroads today that

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CBO has depicted as follows on this licans claimed that they were restoring souri (Mr. HULSHOF), a distinguished particular chart. You can take this fiscal discipline to the federal budget member of the Ways and Means Com- path here with $319 billion, or you can considering a tax bill that will make mittee. take this path here, and by 2015, we can our deficits worse and drive our Nation Mr. HULSHOF. Mr. Speaker, I thank be nearly out of deficit. even further into debt. the gentleman for yielding me time. On the other hand, you can take the In 5 short years, the Republican par- Mark Twain is probably the most fa- path that this bill would take, and you ty’s failed economic policies have insti- mous constituent from my district and will be $640 billion in deficit in 10 gated $1.57 trillion in budget deficits I think it was his quote that said, years. The Democratic substitute is and added $3 trillion to the national ‘‘There are lies, there are damn lies, morally and fiscally far and away the debt. By the way, during the last 4 and there are statistics.’’ better choice, particularly if you want years of the Clinton administration, we I would say probably folks that are to balance the budget and eradicate the added not a nickel to the national debt back in my district are home from deficit. and all 4 years we had a surplus. school today because we had snow. Mr. CAMP. Mr. Speaker, I yield 2 Even Alan Greenspan, the chairman Maybe people are taking a break from minutes to the gentlewoman from Ten- of the Federal Reserve, is sounding the Christmas shopping and tuning into nessee (Mrs. BLACKBURN). alarm. He recently said, ‘‘We should the debate, and I suspect folks are a Mrs. BLACKBURN. Mr. Speaker, I not be cutting taxes by borrowing.’’ little perplexed and a little confused. I rise to support the underlying bill and That is what we are doing. But with do not know what the middle class is in to oppose the substitute. And this is this bill Republicans are doing pre- Los Angeles or Cleveland or New York the reason why: my state, Tennessee, cisely that. City or Baltimore or Seattle; but I has seen more than $250 million in tax- Now the Republican response will be think that at least in my congressional payer savings a year from the sales tax as predictable as it is wrong. They will deduction we passed in 2004. district, if a family is making about claim that tax cuts pay for themselves, $50,000 a year, they probably think The Tax Relief Extension Act that but at long last can we dispense with we are passing today will extend that. themselves to be middle class. this supply-side snake oil. Last month The Democratic substitute for that There is no excuse not to support this the incoming chairman of the Federal matter of tax fairness for States like sector of folks making $50,000 or less, Reserve told the Senate, ‘‘I think it’s the Democratic substitute helps less mine. It is great for our economy; it is unusual for a tax cut to completely off- great for Tennessee’s Main Streets. than 200,000 taxpayers. Less than set the revenue loss.’’ 200,000 taxpayers are helped by the And those hundreds of millions of dol- That is President Bush’s appointee to lars are being pumped back into those Democratic substitute that are trying the Federal Reserve. And the Comp- to sit around the kitchen table and pay local economies. troller General of the United States, My State should not be penalized for their bills, wondering how they are David Walker, recently stated, ‘‘Any- choosing an alternative tax system. It going to pay for Christmas presents for is a better tax system. We want to keep body who says you’re going to grow their kids. it. I know many of my friends who are your way out of this problem, (deficits If we extend the capital gains and Blue Dogs supported the tax cut, and I and debt) would probably not pass dividend tax rate, almost 8 million hope that they are going to join us math.’’ American taxpayers making $50,000 or today and vote for the majority’s bill. Even the President’s Council of Eco- less, the underlying bill, nearly 8 mil- Tennesseeans are watching this vote. nomic Advisers admitted in 2003, ‘‘Al- lion taxpayers will be benefited, and I Mr. Speaker, I do not know how though the economy grows in response think the choice is clear. many different ways we are going to to tax reductions, it is unlikely to Now, let me say to my friend, and he have to talk about this economy and grow so much that lost tax revenue is is my friend from Maryland, he talked the fact that it is booming, jobs cre- completely recovered by the higher about failed economic policies. Well, ation, home sales up, productivity economic activity.’’ over the last 2 years, since capital That is why we have $1.75 trillion in soaring; but some never let facts get in gains and dividends reductions were additional deficits in 5 years and $3 the way of their political agenda. put into law, we have averaged a 4 per- If you read the New York Times, the trillion of additional debt. So my Republican friends can stop cent growth to our GDP. 4,400,000 jobs Washington Post, or listen to many of have been added to our economy. my colleagues, you believe that our pretending that the tax cuts in this bill will somehow magically pay for them- Homeownership is up at an all-time economy is dismal and we have not cre- high. Government revenues have in- ated a single solitary new job. One im- selves. You are suggesting cuts twice as large as you were prepared to cut in creased 10 percent a year since the re- portant thing the Federal Reserve duction in the cost of capital. noted: since we passed these tax relief spending. They will not. Finally, let me say that this tax bill The gentleman from Maryland talks measures in 2003, American households about priorities. Earlier we heard from have increased their nest eggs, their re- perfectly illustrates the Republican party’s misguided priorities. Its center- the chairman of the Democratic Con- tirement security, their savings by gressional Campaign Committee, and $10.5 trillion, $10.5 trillion net worth piece is the capital gains and dividend cuts from 2008 to 2010. Who do you in his usual acerbic way, brought up development by American households. the specter of politics. The chairman of Finally, Mr. Speaker, this bill before think benefits from that? Certainly not those making less than $50,000 a year. the DCCC talked about politics with us today, this bill has a provision that his usual acerbic, and yet what I find helps our Nation’s songwriters. As They will receive 3 percent of the cap- ital gains tax cut. The fact is 80 per- interesting as we get close to the con- chairman of the Congressional Song- clusion of this debate, there has been a writers Caucus, we worked to correct cent of the capital gains tax cuts go to those with incomes more than $200,000; very concerted effort by my friend an inequity in the Tax Code that penal- from Maryland to reach out to the izes them when they sell their life’s and more than 50 percent goes to those business community in an effort to work. The bill solves that. with incomes over $1 million. make some political gains in the 2006 I thank my friend from Kentucky Meanwhile, this majority has refused to ad- election. (Mr. LEWIS) and Chairman THOMAS for dress the alternative minimum tax within this After the CAFTA vote, when only 14 their work on this issue. bill, thereby exposing nearly one-third of tax- Mr. RANGEL. Mr. Speaker, I yield 3 payers making between $75,000 and of our colleagues on the other side minutes to the gentleman from Mary- $100,000 to higher taxes next year. voted for increasing our opportunities land (Mr. HOYER). I urge my colleagues: Vote for fairness. for trade. There has been somewhat of Vote for fiscal sanity. a, reported at least, concerted effort to b 1345 Vote for the Democratic alternative. reach out to the business community. Mr. HOYER. Mr. Speaker, here we Mr. CAMP. Mr. Speaker, I yield 3 This will be an interesting vote be- are just 2 weeks after House Repub- minutes to the gentleman from Mis- cause we have with the Democratic

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27805 substitute a tax increase of $40 billion the money to spare the elderly from Medicaid see is an economy that grows. So on businesses. And the underlying bill cuts, to spare the students from loan in- whether you are a small business which, in fact, continues to reduce the creases, or spare our children from child care owner in Staten Island or a small busi- cost of capital, so are we going to deny cuts. They couldn’t find the money because ness owner in San Francisco, you are enhanced expensing for farmers and they are choosing to extend the dividend and able to put more people to work and we manufacturers? Are we going to tell capital gains tax cuts for the richest in our watch our economy grow and grow and those laborers and manufacturing com- country. They also choose to pass the burden grow. panies not to purchase, not to invest, of paying for these tax cuts on to our children My concern with the Democratic sub- not to expand their plants. That is the in the form of a huge deficit. stitute is multi-fold. One is if you are choice. And for those again that at This is not how we take care of our own in sitting at home, for example, and you least talk to the business community, I Texas, and this is not how we do things in the are waiting for your retirement, and in think the choice is clear. Reject the United States. The Republicans are launching several years when your nest egg is substitute and vote for the underlying an unabashed attack on the American way by about a half a million dollars, which is bill. ignoring the neediest in our country to give tax not that much money anymore for Mr. RANGEL. Mr. Speaker, I yield cuts to the richest. some folks I know living across the for the purpose of making a unanimous The Democrats have instead offered an country, if the Democratic substitute consent request to the gentlewoman amendment in the form of the substitute that prevails, you are looking at basically from Texas (Ms. JACKSON-LEE). is much more fiscally responsible and equi- sending another check for $25,000 to the Ms. JACKSON-LEE of Texas. Mr. table. The Democratic Substitute extends for Federal Government. That is if you Speaker, because the Republican tax one year all temporary tax provisions that ex- support the substitute. bill raises the deficit $3 trillion and be- pire at the end of this year, similar to the ma- In addition, if you happen to be re- cause of the valuable aspect of the sub- jority’s bill. The major difference, however is ceiving dividends, and I know many stitute deductions for State and local that the Democratic substitute addresses the people across the country in so-called retail taxes and other provisions for problem of the AMT by eliminating all liabilities investor class receive dividends on a working Americans, I rise in support of for middle class individuals. This will reduce regular basis, if the Democratic sub- the substitute and oppose the under- the number of individuals that pay the AMT stitute prevails, you will be paying up- lying bill. next year by 16 million people, to just over 3 wards of 20 percent more in taxes to Mr. Speaker, we have before us a very im- million people. This provision would cost about the Federal Government. Not to men- portant piece of legislation, H.R. 4297, the Tax $45 billion dollars, but would be fully offset by tion the fact that the AMT, which pe- Reconciliation Act. It is very important to un- rolling back a portion of the tax cuts that nalizes upwards of 80 percent of the derstand this piece of legislation within the big would otherwise go to those with annual in- people I know who filed in Staten Is- picture the republicans are painting here. Just comes of over $1 million for joint returns and land and Brooklyn, are getting pun- last month, the Republicans passed a bill $500,000 for other returns. The Democratic ished by the AMT, the Democratic sub- called ‘‘The Deficit Reduction Act.’’ This was a substitute, unlike the Republican option, is a stitute does not adequately address spending cut bill that slashed funding to many fiscally responsible bill that goes to help those what the House passed yesterday. vital programs my constituents depend on, in- who really need it instead of the very rich. In conclusion, if we are for a pro- cluding to Medicaid, student loans, food Mr. Speaker, the decision to vote up or growth economy, if we are for bringing stamps, and child support programs. The Re- down on this legislation isn’t a blurry line in- the unemployment rate down even fur- publicans lectured us on the need to make volving political ideology; it isn’t a debate of ther, if we are watching for our econ- sacrifices to control the national debt. By Republican vs. Democratic philosophy. The omy to grow even greater, if we are ba- passing the spending cut bill, the Republicans priorities in the republican bill are misguided. sically placing our faith in the Amer- actually asked the poor, the downtrodden, the Congress should not be providing additional ican people and the entrepreneurs and disabled and the young to sacrifice on behalf tax breaks for the rich less than a month after the small business owners across coun- of the rest of the country. huge spending cuts aimed at the most vulner- try, let us not punish them with higher Now we are faced with the Tax Reconcili- able. In the end, this tax bill will either exacer- capital gains rates and dividend rates. ation Act, which will actually add $86 billion bate our already large Federal deficits, or will Mr. RANGEL. Mr. Speaker, I reserve dollars to the deficit over the next 5 years. force even deeper cuts in critically important the balance of my time. This proposed tax cut will not help the poor domestic programs. I am strongly opposed to Mr. CAMP. Mr. Speaker, I yield 4 and middle class, either. An estimated 40 per- this legislation, and I implore my colleagues minutes to the gentleman from Lou- cent of the tax cuts will go to families with in- on both sides of the aisle to vote against isiana (Mr. MCCRERY), distinguished comes of $1 million or more, and 84 percent these unreasonable cuts and instead consider member of the Ways and Means Com- of the major tax cuts in this bill will go to the the revenue neutral Democratic alternative. mittee. richest 20 percent of families. Mr. CAMP. Mr. Speaker, I yield 2 Mr. MCCRERY. Mr. Speaker, I thank In fact, under this bill, over 17 million middle minutes to the gentleman from New the gentleman for yielding me time. class Americans will face a tax increase next York (Mr. FOSSELLA). Mr. Speaker, it is a curious applica- year from the Alternative Minimum Tax (the Mr. FOSSELLA. Mr. Speaker, I tion of tax benefits that have been left AMT)! An important aspect of this bill is the thank the gentleman for yielding me out of the minority substitute. Let me House’s failure to adequately address the time. I rise to support the underlying just go over a few of those because I AMT. The Alternative Minimum Tax was en- bill and to oppose the Democratic sub- think you will agree with me that it is acted over 35 years ago enacted to ensure stitute. curious which ones are left out. that the richest Americans would pay their fair The numbers three, four, and five The savers credit for low income fam- share of income tax. Unfortunately, when the come to mind. Three is basically a re- ilies. My friends on the other side of AMT was enacted, Congress neglected to flection of what our inflation rate is at; the aisle continually stand up for low index the tax rates to inflation. The AMT has four for the percentage of which our income families and to their credit, now begun to add extra burden to middle economy is growing on an annual basis; why on earth would they leave out a class taxpayers at an alarming rate. The sen- and five for unemployment rate that strong incentive for low income fami- ate bill provides $30 billion for AMT relief to exists in this country with historic lies to save? They do. They leave out the middle class, while the House republican lows. the savers credit. And that goes only to leadership could only find $2.8 billion for this One way we can ensure that that lower income families in this country. cause. number five comes even lower and that Generally, those on the other side of Republicans couldn’t find the money to ade- number four goes even higher is to sup- the aisle harp about the—I will not say quately pay for AMT relief for the middle class. port the underlying legislation. Why? evils, but the excess profits, some of They can’t find any money for tax relief for Because it is proven to work. When you the bad things that big business does in those affected by hurricane Katrina in the gulf reduce the taxes and the penalties on this country, and yet they leave out coast. Last month, Republicans couldn’t find the accumulation of capital, what we the tax benefit for small businesses in

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27806 CONGRESSIONAL RECORD—HOUSE December 8, 2005 this country, something known as sec- Mr. CAMP. Mr. Speaker, I yield 2 that increase that we are looking at? tion 179, expensing to help small minutes to the gentleman from Texas The question has been, and I think it businesspeople cope with the costs of (Mr. BRADY), a distinguished member has been raised, as to what is the keeping their businesses up to date, of the Ways and Means Committee. hurry, why do it. We want them to be modernizing their businesses so that Mr. BRADY of Texas. Mr. Speaker, it able to have a tax rate that people can they can compete, so they can compete is, I think, a terrible mistake to leave count on, one that people can look into in the market place, sometimes with out tax relief for dividends. These are the future as far as they could. I would those big bad businesses. They leave the usually small amounts of money like to extend it even further than that out. that go to people, many seniors, who that, but under reconciliation we are Tax benefits for cleaning up brown- have invested in a company; and these limited to the budget window. field sites. Brownfield sites are dirty are the dividends that help ease their I think this is a good bill. I ask all sites, polluted sites where business has retirement. the Members to reject the substitute gone away. There is pollution there. Back a few years ago, we saw a num- and support the base bill. They are usually the champions of the ber of Wall Street companies go under, Mr. RANGEL. Mr. Speaker, it is my environment, cleaning up the environ- the Enrons, the WorldComs, all those distinct honor to yield the remaining ment. But they leave out that tax ben- dot-com technology companies. They time to the gentlewoman from Cali- efit to encourage cleaning up these had big stock prices. They had great fornia (Ms. PELOSI) to close on our side, dirty polluted sites. Very curious. pieces of paper saying they were won- who represents the minority at this Now, certainly there are a couple derful companies, but the fact of the historic time. that they leave out that I can under- matter is they were built on thin air. Ms. PELOSI. Mr. Speaker, I thank stand. They leave out an extension of What we did under this legislation is the distinguished gentleman from New the active finance section of subpart F. we said to the companies, prove that York, our ranking member on the That is a lot of big words. What that you have a solid profit-and-loss state- Ways and Means Committee, for yield- means is this particular tax provisional ment, you have real assets, show us the ing me the time. I thank you and our allows companies in this country who money; pay it out in dividends, we will colleagues on the committee on the conduct financial operations to com- lower the cost, lower the taxes on Democratic side for the excellent work pete on a level playing field with their those dividends. you did in putting forth the Demo- competitors overseas. That is what this Since we created this tax legislation, cratic alternative today. You have does that they leave out of their bill. It now Fortune 500 companies, one out of made an excellent case for your sub- allows American companies to compete four that did not provide dividends in stitute and indictment against what effectively with companies overseas. the past, are now providing real money the Republicans are doing. They leave that out. But then they, as to real people who have invested in Let us talk about what is happening I said, they do not particularly like big them. In other words, we have changed here today. A few weeks ago, right be- business. the culture from what is good this fore Thanksgiving, there was a bill on The one that gave them the most quarter and what is good for my stock the floor which was the Republican glee, of course, by leaving it out was price to what is the best long term, budget bill. So bad was this bill in capital gains and dividends. You have real growth, solid businesses in Amer- terms of it not representing the values heard all the rhetoric, and I am sure ica. We have changed the culture of of our country that the religious com- you are confused about who benefits Wall Street because of this dividend munity gathered in the rotunda of the from these. The Joint Tax Committee, tax relief. Capitol of the United States, and they the committee that is vested with It is very important we not go back prayed that this Congress would make crunching the numbers in this Con- to the bad old days of high stock prices the right decisions and reject the Re- gress, has produced these statistics: but built on thin air. We need busi- publican budget proposal. For the capital gains tax, one in five nesses that are in it for the long term, They asked some questions about Americans who claims capital gains on that pay cash to real people, that when why we would be giving tax cuts to the his tax return has income below $50,000. my mom or your mom or some other wealthiest people in our country while Fifty-eight percent of those who claim senior invests they know they are taking food out of the mouths of Amer- capital gains on their tax return have going to get a chance for a solid divi- ica’s children. They said they were incomes below $100,000. Somewhat dif- dend that they can actually keep be- going to draw a moral line in the sand ferent from the statistics you have cause they invested. This dividend re- because a budget should be a statement heard from the other side. lief, Mr. Speaker, is vitally important. of our national values, and what we Dividends are even better. One in I oppose the Democrat substitute. I care about in our country should be re- four, 25 percent of Americans who have support keeping in dividend relief, both flected in that budget. dividend income have incomes below for our seniors and our investors, and Today, we are talking about a tax $50,000; 59 percent have incomes below to keep Wall Street honest. bill which is hand-in-glove part of the $100,000. Mr. CAMP. Mr. Speaker, I yield 1 reconciliation that the Republicans are minute to the gentleman from Florida putting forth. So embarrassed were b 1400 (Mr. SHAW), a distinguished member of they by their own budget and so em- Nearly 60 percent of Americans who the Ways and Means Committee, chair- barrassed were they by this tax bill claim either capital gains or dividend man of the Trade Subcommittee. that they had to have 3 weeks come be- income have incomes of $100,000 or less. Mr. SHAW. Mr. Speaker, I thank the tween the two of them so that the That is basically middle class. gentleman for yielding me this time. American people would separate the Another thing that the minority Very briefly, since the tax rate on cause and effect of what they were sometimes likes to do, I think, is tax. capital gains and dividends was re- doing with their budget bill that was They like taxes, and they want to in- duced in May of 2003, the economy has poor in its values, poor in its priorities crease taxes; and when they can double grown at an average rate of 4.1 percent; and increasing our deficit because of tax, boy, that is a real joy. That is 4.4 million new jobs have been created; this tax bill today. what dividends do. That income has al- government tax receipts have in- Yesterday, they engaged in another ready been taxed once at the corporate creased 10 percent annually. sham, which was to pretend that they level. They want to tax it again at the Now we are coming to a situation in were giving alternative minimum tax individual level as high a rate as pos- 2008 where the capital gains rate is relief for middle-class families in sible. going to go up to 20 percent; dividends America. If they cared about middle- So those are the things they leave go back to ordinary income. class families in America, they would out of this bill, Mr. Speaker; and I hope What effect is this going to have on have put that in this bill today which we will reject the substitute. the economy to all of the sudden have has the full protection as it goes over

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27807 to the Senate. They know that that debt on America’s children, individual Alexis de Tocqueville talked about bill they passed yesterday has no debt with their student loans and fiscal community in America. He wrote back weight in the Senate. It does not have debt in terms of our national debt and to the French: ‘‘America is great be- the protection of the parliamentary what our kids will be burdened with. cause America is good. If America ever process on the Senate side, and the It is just totally irresponsible and at ceases to be good,’’ he concluded, same applies to what they did to try to the same time increases the deficit. ‘‘America will cease to be great.’’ give the illusion that they were helping Democrats support pay-as-you-go. No This is a moment that no one in this our men and women in combat so that deficit spending. If something is impor- body wants to hasten. We all want they would qualify for the low-income tant to you, figure out how to pay for America to be great and America to be tax credit. If they cared about them, it, but do not make my children and good. Together, we can do better by re- they would have them in the bill today. grandchildren have to pay for it or turning to our fundamental values to This budget, as I said, should be a anybody’s children and grandchildren maintain America’s goodness by reject- statement of our national values; and have to pay for it. ing this immoral tax bill. while we talk about that, let us talk Every opportunity I get I want to Mr. CAMP. Mr. Speaker, I yield my- about what those values are. sing the praises of the Clinton adminis- self 2 minutes. America has always cherished the tration. Coming out of that adminis- Actually, in a few minutes we will value of opportunity, and one place tration we were on a trajectory of 5.6 have a vote on two tax bills, and we where that is possible for more Ameri- trillion with a TR, dollars in surplus. have heard a lot of debate this after- cans is in the issue of education. Tak- In the years of the Bush administra- noon about the two approaches the bill ing these two bills together, we are giv- tion, that has been almost fully re- takes, and I certainly appreciate my ing tax cuts to the wealthiest people in versed, over $4 trillion in deficit, a friends on the other side for recog- America while we are putting a burden swing of around $10 trillion, an incred- nizing the need for tax relief. on our young people by saying that ible burden on the future, a tax on our b 1415 they will pay $5,800 more in their stu- children’s future. dent loans so that we can give tax cuts And this is the party of fiscal respon- In fact, in many important ways to people making over $1 million a sibility? Republicans have completely these bills are very similar. Twenty- year. That is not a statement of our abdicated that. The Democrats are the two provisions in our underlying bill national values. That takes from our party of fiscal responsibility. We were taken by my friends on the other children their opportunity when we showed we can do it then. We can do it side and put into their bill. I guess imi- should be expanding it. again. We should not today be catering tation is the sincerest form of flattery. Fairness. Fairness has always been a to this appetite for deficits that the For example, the income tax deduc- cherished American value. Fairness. Republicans cannot seem to get over. tion for State and local taxes; the re- We see that during the last 5 years, It is just absolutely immoral, immoral search and development tax credit, so these 5 years of the Bush administra- for us to heap those deficits on our important to our high-tech and manu- tion, 7 million more people in our coun- children. facturing sectors of our economy; the I want to commend my colleagues on try go to sleep hungry, without ade- above-the-line deduction for higher the Democratic side for what they have quate food, because they cannot afford education expenses; and the bonds for done and put into their proposal. The to buy food. Seven million more peo- school modernization equipment and House Democrats are committed to an ple, an increase of 12 percent, and what teacher training; as well as the en- America that works for everyone, not does this combination of reconciliation hanced charitable deduction for com- just the privileged few. puter donations to schools. These are in order to give tax cuts to people mak- Our Democratic substitute reflects provisions that we have that are the ing over $1 million a year, that cuts the values of community by shielding same. food stamps and takes many tens of the middle-class Americans from the What the Democrat substitute does thousand of children off the school alternative minimum tax in a bill that lunch program do? As the religious really counts, not in some suspension not include is the extension of a saver’s community said, how can we as a coun- of yesterday that has no weight in the credit for low-income families; the ex- try give tax cuts to the wealthiest and conference with the Senate; and it pro- pensing for small businesses so small take food out of the mouths of our chil- vides tax relief, the Democratic alter- entrepreneurs can grow their compa- dren? That is not about fairness. Fair- native does, for our soldiers in combat nies, buy the equipment, increase their ness is an American value. in the bill. That really matters as well. businesses and hire more people; clean- Community. America has always The Democratic substitute dem- ing up brownfields sites so we can con- been about community. Alexis de onstrates fairness by not adding to the tinue economic development in so Tocqueville said it about the origins of deficit; and it creates opportunities, many small towns and communities in our country, and community means spurring economic growth, generating our Nation; as well as helping our do- safe neighborhoods, the safety of our jobs and supporting our small busi- mestic manufacturers finance those people, homeland security and the rest. nesses. large equipment sales overseas so we We are not putting adequate resources Our Democratic members on the can export more. to COPS on the Beat or anything else committee have eloquently made an Also capital gains and dividends. We in order for us to give these tax cuts at indictment against this budget which have heard a great deal about that this the high end. That is not about com- is immoral because of the $70 billion in afternoon. That tax provision, that munity. That is totally unfair, and it is tax cuts, mostly for America’s wealthi- benefit, has helped 24 million American diminishing opportunity. est. The Republican budget decimates families in this country. Twenty-five Let us take the value of responsi- the very initiatives that middle-class percent of those families have incomes bility, personal responsibility, fiscal Americans rely upon to get ahead. The under $50,000 a year. Are those the rich responsibility, which should be the poor suffer, the rich benefit, the middle we hear talked about so much on the order of the day in this conversation class is paying the bill. other side? Fifty-seven percent, almost here. The combination of their tax bill The number of people without health 60 percent of the families have incomes and their budget bill in reconciliation, insurance has increased 4 years in a under $100,000 a year. Are those the which I do not blame them for sepa- row. People are hungry, a 12 percent in- very rich our friends on the other side rating by 3 weeks because it is a total crease. The number of people who do are so worried about us assisting? embarrassment with that, they are in- not have health insurance has grown. What is irresponsible is the part of creasing the deficit. They are increas- They are cutting $45 billion in Med- the Democrat substitute which raises ing the deficit by $20 billion in order to icaid, a health insurance program that taxes. Forty billion dollars in tax in- give tax cuts to the wealthiest Ameri- is mostly for America’s poor children, creases. And 80 percent of those taxes, cans. They are putting the burden of many of them Katrina survivors. that tax burden, would fall on small

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27808 CONGRESSIONAL RECORD—HOUSE December 8, 2005 entrepreneurial businesses. I urge a Davis (AL) Kind Reyes Kline Nunes Sensenbrenner vote against the substitute and in Davis (CA) Kucinich Ross Knollenberg Nussle Sessions Davis (FL) Langevin Rothman Kolbe Oberstar Shadegg favor of the underlying bill. Davis (IL) Lantos Roybal-Allard Kuhl (NY) Osborne Shaw Mr. Speaker, I yield the balance of Davis (TN) Larsen (WA) Ruppersberger LaHood Otter Shays my time to the gentleman from Cali- DeFazio Larson (CT) Rush Latham Oxley Sherwood DeGette Leach LaTourette Paul Shimkus fornia (Mr. THOMAS), the distinguished Ryan (OH) Delahunt Lee Salazar Lewis (CA) Pearce Shuster Lewis (KY) Pence Simmons chairman of the Ways and Means Com- DeLauro Levin Sa´ nchez, Linda Linder Peterson (MN) Simpson mittee. Dicks Lewis (GA) T. LoBiondo Peterson (PA) Smith (NJ) Dingell Lipinski Sanchez, Loretta Mr. THOMAS. Mr. Speaker, actually, Lucas Petri Smith (TX) Doggett Lofgren, Zoe Sanders I do not need 12 minutes, I only need 10 Doyle Lowey Lungren, Daniel Pickering Sodrel Schakowsky seconds. This bill is a—— Edwards Lynch E. Pitts Souder Schiff Mr. RANGEL. Parliamentary in- Emanuel Maloney Mack Platts Stearns Schwartz (PA) Manzullo Poe Sullivan quiry. Engel Markey Eshoo Matsui Scott (GA) Marchant Pombo Sweeney The SPEAKER pro tempore (Mr. Etheridge McCarthy Scott (VA) Marshall Porter Tancredo BASS). Does the gentleman from Cali- Evans McDermott Serrano Matheson Price (GA) Taylor (NC) fornia yield for a parliamentary in- Farr McGovern Sherman McCaul (TX) Pryce (OH) Terry Fattah McIntyre Skelton McCollum (MN) Putnam Thomas quiry? Filner McKinney Slaughter McCotter Radanovich Thornberry Mr. THOMAS. No. Ford McNulty Smith (WA) McCrery Ramstad Tiahrt Mr. RANGEL. Does the gentleman Frank (MA) Meehan Snyder McHenry Regula Tiberi McHugh Rehberg Turner from California? A parliamentary in- Gonzalez Meek (FL) Solis Gordon Meeks (NY) Spratt McKeon Reichert Upton quiry is no longer the Speaker’s re- Green, Al Melancon Stark McMorris Renzi Visclosky sponsibility? Green, Gene Menendez Strickland Mica Reynolds Walden (OR) Grijalva Michaud Stupak Miller (FL) Rogers (AL) Walsh Mr. THOMAS. Mr. Speaker, who has Miller (MI) Rogers (KY) Wamp Gutierrez Millender- Tanner the time? Miller, Gary Rogers (MI) Weldon (FL) Harman McDonald Tauscher Moran (KS) Rohrabacher Weldon (PA) The SPEAKER pro tempore. The gen- Hastings (FL) Miller (NC) Taylor (MS) Murphy Ros-Lehtinen Weller tleman from California is recognized. Herseth Miller, George Thompson (CA) Higgins Mollohan Murtha Royce Westmoreland Mr. RANGEL. Well, I just wanted to Thompson (MS) Musgrave Ryan (WI) Whitfield Hinchey Moore (KS) Tierney know how many closing speakers they Hinojosa Moore (WI) Myrick Ryun (KS) Wicker Towns Neugebauer Sabo Wilson (SC) had. Holden Moran (VA) Udall (CO) Holt Nadler Ney Saxton Wolf The SPEAKER pro tempore. The gen- Udall (NM) Honda Napolitano Northup Schmidt Young (AK) tleman from California has the time. Van Hollen Hooley Neal (MA) Norwood Schwarz (MI) Young (FL) Vela´ zquez Mr. THOMAS. Mr. Speaker, it is ob- Hoyer Obey NOT VOTING—2 vious the gentleman from New York Inslee Olver Wasserman Schultz wants to make sure you do not hear Israel Ortiz Brown-Waite, Hastings (WA) Jackson (IL) Owens Waters Ginny this. Watson Jackson-Lee Pallone 1442 As I said, you do not need 12 minutes (TX) Pascrell Watt b to say this: If you vote ‘‘yes’’ for the Jefferson Pastor Waxman Messrs. SAXTON, SOUDER, MUR- Weiner Democrat substitute, you are increas- Johnson, E. B. Payne PHY, RYUN of Kansas, GILLMOR, Jones (OH) Pelosi Wexler ing taxes over 5 years by $40 billion. Kaptur Pomeroy Wilson (NM) OBERSTAR, VISCLOSKY and Mrs. That is the single largest tax in- Kennedy (RI) Price (NC) Woolsey NORTHUP changed their vote from crease since they were in the majority Kildee Rahall Wu ‘‘yea’’ to ‘‘nay.’’ in 1993. Kilpatrick (MI) Rangel Wynn Messrs. OLVER, JEFFERSON, HOL- Mr. CAMP. Mr. Speaker, I yield back NAYS—239 DEN, and RAHALL changed their vote from ‘‘nay’’ to ‘‘yea.’’ the balance of my time. Aderholt Chocola Gillmor The SPEAKER pro tempore. Pursu- Akin Coble Gingrey So the amendment in the nature of a ant to House Resolution 588, the pre- Alexander Cole (OK) Gohmert substitute was rejected. vious question is ordered on the bill, as Bachus Conaway Goode The result of the vote was announced Baker Costello Goodlatte as above recorded. amended, and on the amendment by Barrett (SC) Crenshaw Granger the gentleman from New York (Mr. Barrow Cubin Graves The SPEAKER pro tempore (Mr. RANGEL). Bartlett (MD) Culberson Green (WI) BASS). The question is on the engross- The question is on the amendment Barton (TX) Davis (KY) Gutknecht ment and third reading of the bill. Bass Davis, Jo Ann Hall The bill was ordered to be engrossed offered by the gentleman from New Bean Davis, Tom Harris York (Mr. RANGEL). Beauprez Deal (GA) Hart and read a third time, and was read the The question was taken; and the Biggert DeLay Hayes third time. Bilirakis Dent Hayworth MOTION TO RECOMMIT OFFERED BY MR. RANGEL Speaker pro tempore announced that Bishop (UT) Diaz-Balart, L. Hefley the noes appeared to have it. Blackburn Diaz-Balart, M. Hensarling Mr. RANGEL. Mr. Speaker, I offer a Mr. RANGEL. Mr. Speaker, on that I Blunt Doolittle Herger motion to recommit. Boehlert Drake Hobson The SPEAKER pro tempore. Is the demand the yeas and nays. Boehner Dreier Hoekstra The yeas and nays were ordered. Bonilla Duncan Hostettler gentleman opposed to the bill in its The vote was taken by electronic de- Bonner Ehlers Hulshof present form? vice, and there were—yeas 192, nays Bono Emerson Hunter Mr. RANGEL. I am, Mr. Speaker. Boozman English (PA) Hyde The SPEAKER pro tempore. The 239, not voting 2, as follows: Boren Everett Inglis (SC) [Roll No. 619] Boustany Feeney Issa Clerk will report the motion to recom- Bradley (NH) Ferguson Istook mit. YEAS—192 Brady (TX) Fitzpatrick (PA) Jenkins The Clerk read as follows: Abercrombie Blumenauer Carson Brown (SC) Flake Jindal Ackerman Boswell Case Burgess Foley Johnson (CT) Mr. Rangel moves to recommit the bill Allen Boucher Chandler Burton (IN) Forbes Johnson (IL) H.R. 4297 to the Committee on Ways and Andrews Boyd Clay Buyer Fortenberry Johnson, Sam Means with instructions to report the same Baca Brady (PA) Cleaver Calvert Fossella Jones (NC) back to the House forthwith with the fol- Baird Brown (OH) Clyburn Camp (MI) Foxx Kanjorski lowing amendments: Baldwin Brown, Corrine Conyers Campbell (CA) Franks (AZ) Keller Strike section 203 (relating to capital gains Becerra Butterfield Cooper Cannon Frelinghuysen Kelly and dividends rates) and redesignate suc- Berkley Capps Costa Cantor Gallegly Kennedy (MN) Berman Capuano Cramer Capito Garrett (NJ) King (IA) ceeding sections accordingly, and strike the Berry Cardin Crowley Carter Gerlach King (NY) item in the table of contents relating to sec- Bishop (GA) Cardoza Cuellar Castle Gibbons Kingston tion 203 and redesignate the items relating Bishop (NY) Carnahan Cummings Chabot Gilchrest Kirk to succeeding sections accordingly.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27809 Insert after section 117 the following new terday was a procedural maneuver that the suspension bill. Well, you do not section (and amend the table of contents ac- allowed everybody to cover themselves, have to be a parliamentarian to know cordingly): but will have very little reality as it when you send something to that other SEC. 118. TEMPORARY RELIEF FROM THE ALTER- addresses alternative minimum tax. side and put it on the suspension cal- NATIVE MINIMUM TAX. The gentleman from New York’s mo- (a) IN GENERAL.—Section 55 (relating to al- endar, you had better send a prayer ternative minimum tax imposed) is amended tion to recommit goes right to the over with it because any one guy can by adding at the end the following new sub- heart of the matter. You can, in a few stand up and say I object. section: minutes, cast a vote on really doing But when you cover it because you ‘‘(f) EXEMPTION FOR INDIVIDUALS FOR TAX- something about alternative minimum believe in it and put it in the reconcili- ABLE YEARS BEGINNING IN 2006.—For any tax- tax. ation bill, it means that is what you able year beginning in 2006, in the case of an Now, the next thing we are going to really want to do. At the end of the individual— hear today is this: The Democrats were day, when we vote, all we are saying is, ‘‘(1) IN GENERAL.—The tentative minimum in charge for 40 years and did not ad- tax of the taxpayer shall be zero if the ad- we ask the conferees, whenever they justed gross income of the taxpayer (as de- dress the alternative minimum tax might meet, that they are instructed termined for purposes of the regular tax) is issue. In 1994, a couple of 100,000 people by this House to take care of those who equal to or less than the threshold amount. paid alternative minimum tax in really deserve the tax privilege the ‘‘(2) PHASEIN OF LIABILITY ABOVE EXEMPTION America. On January 1, that number most. Take care of those who were not LEVEL.—In the case of a taxpayer whose ad- kicks up, next year, to 19 million peo- really thrown into this thing because justed gross income exceeds the threshold ple who will begin to pay alternative of increased income, but were thrown amount but does not exceed $112,500 ($225,000 minimum tax. Mr. RANGEL’s proposal into the alternative minimum tax that in the case of a joint return), the tax im- addresses this issue, and we pay for it, posed by subsection (a) shall be the amount was not supposed to capture them, but which bears the same ratio to such tax (de- as I indicated at the outset of my re- they got there because of inflation. termined without regard to this subsection) marks, honestly. The dividends and In 3 Card Molly, you do not know as— capital gains proposal does not even ex- what is going to happen. But we will ‘‘(A) the excess of— pire until the year 2008. And yet, we are know at the end of this vote something ‘‘(i) the adjusted gross income of the tax- doing that instead of doing alternative that John Lewis knows that they said payer (as determined for purposes of the reg- minimum tax. in the civil rights movement, and that ular tax), over Now, this Congress had time, in the is, which side are you on? What a great ‘‘(ii) the threshold amount, bears to last 5 years, to repeal a series of taxes ‘‘(B) $12,500 ($25,000 in the case of a joint re- opportunity. Take away everything turn). on the American people, all, by the you want. Take away our votes, our op- ‘‘(3) THRESHOLD AMOUNT.—For purposes of way, for upper income groups. We cer- portunity to express ourselves, give us this paragraph, the term ‘threshold amount’ tainly had plenty of time to repeal the rules that you like to give us. But, on means $100,000 ($200,000 in the case of a joint estate tax. We had time to address divi- this vote, at the end of the day, people return). dends and capital gains. But we did not might ask how did you treat the alter- ‘‘(4) ESTATES AND TRUSTS.—This subsection have time to address alternative min- native minimum tax? Some people shall not apply to any estate or trust.’’. imum tax other than with Band-Aid might say, well, it did come up in the (b) EFFECTIVE DATE.—The amendment approaches. Today, you have a chance made by this section shall apply to taxable House. It was not important enough to years beginning after December 31, 2005. to do something. Mr. RANGEL’s pro- put in the reconciliation bill and it was posal lacks complexity. You can, in the Mr. RANGEL (during the reading). not important enough to allow a lot of next couple of minutes, choose between Mr. Speaker, I ask unanimous consent debate. We put it on the suspension fixing AMT or extending dividends and that the motion to recommit be consid- calendar because it was not paid for capital gains cuts for the wealthiest and we did not think it would be con- ered as read and printed in the RECORD. among us. And by the way, when we The SPEAKER pro tempore. Is there troversial. And so, with all of the de- hear the other side say that these cuts objection to the request of the gen- bate, what is going to happen when you to middle income people for dividends tleman from New York? get back home is did you protect those There was no objection. and capital gains, the dividend pro- that were most vulnerable. Forget The SPEAKER pro tempore. Pursu- posal that they have ought to be under- about the poor. Forget about the rich ant to the rule, the gentleman from stood in this light. More than 50 per- that you are giving the incentives to. cent, I believe, 53 or 54 percent of their New York (Mr. RANGEL) is recognized Just ask, on this one thing, no matter for 5 minutes and a Member in opposi- dividend proposal, goes to people who what happens in conference, where was tion to the motion to recommit will be made more than $1 million last year. the alternative minimum tax pro- recognized for 5 minutes. Alternative minimum tax is a middle tected? It is protected in our motion to The Chair recognizes the gentleman class issue across this country and we recommit. from New York. can do something about it. Mr. THOMAS. Mr. Speaker, I rise in Mr. RANGEL. Mr. Speaker, I yield Embrace Mr. RANGEL’s proposal. Give opposition to the motion to recommit. him a positive vote on AMT. But most The SPEAKER pro tempore (Mr. 21⁄2 minutes to the gentleman from Massachusetts (Mr. NEAL). importantly, give those 19.3 million BASS). The gentleman is recognized for Mr. NEAL of Massachusetts. Mr. Americans next year some much need- 5 minutes. Speaker, I want to thank the gen- ed relief in alternative minimum tax. Mr. THOMAS. Mr. Speaker, I do not Mr. RANGEL. Well, Mr. Speaker, you tleman from New York (Mr. RANGEL) need to mention yesterday or the 414 for offering this motion to recommit can take away our right to go to con- who voted to fix this problem. I would today. ference, our right to amend bills, but tell my friend from New York that you The Rangel motion to recommit is one thing you cannot take away is our only need 60 votes outside of a rec- about two things: truth in budgeting right to vote. We have a game called 3 onciliation to pass this. But I do want and truth in borrowing. Card Molly in New York. You never to mention 1985. The Tax Reform Act know which one is under the shell. So of 1985, under their watch, said this: b 1445 they have an opportunity to say that ‘‘Other regular tax itemized deductions In almost 14 years now on the Ways they want to help the wealthiest Amer- such as those for State and local taxes and Means Committee, we have spoken icans, but they like to give a whole lot paid and for certain investment ex- of addressing the alternative minimum of talk to those people who, through no penses, are not allowed for minimum tax issue. There has been a lot of talk fault of their own, except the ineptness tax purposes.’’ I assume they did that and not a lot of action. And you are and the inability of the Republicans to knowingly. They were the ones who did going to hear in a couple of seconds, correct it, they got caught in the alter- it. well, yesterday, we took up the Alter- native minimum tax. Now, they will In 1993, they passed the largest tax native Minimum Tax. What we did yes- scream out that they took care of it on increase on the American people and

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27810 CONGRESSIONAL RECORD—HOUSE December 8, 2005 had a chance to adjust it again then. I [Roll No. 620] Frelinghuysen Lewis (KY) Reichert will say that we have made progress Gallegly Linder Renzi YEAS—193 Garrett (NJ) LoBiondo Reynolds today. This is an appropriate motion to Gerlach Lucas Abercrombie Green, Al Oberstar Rogers (AL) Gibbons Lungren, Daniel recommit. It does not kill the bill. The Ackerman Green, Gene Obey Rogers (KY) Gilchrest E. gentleman from Massachusetts said Allen Grijalva Olver Rogers (MI) Gillmor Mack Andrews Gutierrez Ortiz Rohrabacher this is about upper income groups. In Gingrey Manzullo Baca Harman Owens Ros-Lehtinen fact, there was an editorial recently Gohmert Marchant Baird Hastings (FL) Pallone Royce Goode Matheson that said it is between the rich and the Baldwin Herseth Pascrell Ryan (WI) Barrow Higgins Goodlatte McCaul (TX) Ryun (KS) very rich. But I do want to mark the Pastor Granger McCotter landmark comment of the gentleman Becerra Hinchey Payne Saxton Berkley Hinojosa Graves McCrery Schmidt from Massachusetts who said this was Pelosi Green (WI) McHenry Berman Holden Pomeroy Schwarz (MI) about middle income people. And on Berry Holt Gutknecht McHugh Sensenbrenner Price (NC) Hall McIntyre Bishop (GA) Honda Sessions page 2 of the motion to recommit, ‘‘For Rahall Harris McKeon Bishop (NY) Hooley Shadegg purposes of this paragraph, the term Rangel Hart McMorris Blumenauer Hoyer Shaw Reyes Hayes Mica ‘threshold amount’ means $100,000 and Boswell Inslee Shays Ross Hayworth Miller (FL) Boucher Israel Sherwood $200,000 in the case of a joint return.’’ Rothman Hefley Miller (MI) Boyd Jackson (IL) Shimkus So $200,000 is now middle income. I be- Roybal-Allard Hensarling Miller, Gary Brady (PA) Jackson-Lee Shuster lieve that is correct. They are the ones Ruppersberger Herger Moran (KS) Brown (OH) (TX) Rush Simmons who have always said those are the Brown, Corrine Jefferson Hobson Murphy Ryan (OH) Hoekstra Murtha Simpson very rich. Now, the other thing you Butterfield Johnson, E. B. Sabo Smith (TX) Capps Jones (OH) Hostettler Musgrave Salazar Sodrel need to understand, it is this business Capuano Kaptur Hulshof Myrick Sa´ nchez, Linda Souder of how many people are going to fall Cardin Kennedy (RI) Hunter Neugebauer T. Stearns Cardoza Kildee Hyde Ney under the alternative minimum tax. Do Sanchez, Loretta Sullivan Carnahan Kilpatrick (MI) Inglis (SC) Northup you know why? Sanders Sweeney Carson Kind Issa Norwood Schakowsky Tancredo The reason, in 1994 that there were so Case Kucinich Istook Nunes Schiff Taylor (MS) few people who fell under the alter- Chandler Langevin Jenkins Nussle Schwartz (PA) Taylor (NC) Clay Lantos Jindal Osborne native minimum tax is because the Scott (GA) Terry Cleaver Larsen (WA) Johnson (CT) Otter regular tax was so high. What has hap- Scott (VA) Thomas Clyburn Larson (CT) Johnson (IL) Oxley pened in 2001, 2002, 2003 and 2004 we Serrano Johnson, Sam Paul Thornberry Conyers Lee Tiahrt have driven down the rates. And be- Cooper Levin Sherman Jones (NC) Pearce Skelton Kanjorski Pence Tiberi cause we have lower taxes, there are Costa Lewis (GA) Turner Costello Lipinski Slaughter Keller Peterson (MN) more people who fall under the alter- Smith (WA) Kelly Peterson (PA) Upton Crowley Lofgren, Zoe Walden (OR) native minimum tax. Do we need to ad- Cuellar Lowey Snyder Kennedy (MN) Petri Solis King (IA) Pickering Walsh dress it? Of course. But the vote today Cummings Lynch Wamp Davis (AL) Maloney Spratt King (NY) Pitts is far more fundamental than that. Weldon (FL) Davis (CA) Marshall Stark Kingston Platts Weldon (PA) This vote, if you vote yes, gives money Davis (FL) Matsui Strickland Kirk Poe Weller Davis (IL) McCarthy Stupak Kline Pombo to rich people to spend on consump- Westmoreland Davis (TN) McCollum (MN) Tanner Knollenberg Porter tion. Surely, you know that pure con- Whitfield DeFazio McDermott Tauscher Kolbe Price (GA) Wicker sumption does not move the economy DeGette McGovern Thompson (CA) Kuhl (NY) Pryce (OH) Wilson (NM) very much. What they want to do is Delahunt McKinney Thompson (MS) LaHood Putnam Wilson (SC) DeLauro McNulty Tierney Latham Radanovich deny people the opportunity to invest Wolf Dicks Meehan Towns LaTourette Ramstad and to save to supply fuel to the engine Young (AK) Dingell Meek (FL) Udall (CO) Leach Regula of the economy so we can continue Doggett Meeks (NY) Udall (NM) Lewis (CA) Rehberg Young (FL) with the lowest unemployment rate Doyle Melancon Van Hollen NOT VOTING—5 and the highest productivity rate than Edwards Menendez Vela´ zquez Emanuel Michaud Visclosky Boozman Brown-Waite, Hastings (WA) we have seen in years. This vote is very Engel Millender- Wasserman Ginny Markey simple. A yes vote, consumption, not Eshoo McDonald Schultz Smith (NJ) Etheridge Miller (NC) Waters much bang for the buck. A no vote, in- b 1513 vestment and savings and a lot of bang Evans Miller, George Watson Farr Mollohan Watt So the motion to recommit was re- for the buck. Vote no on reconciliation, Fattah Moore (KS) Waxman yes on the bill. If we have limited dol- Filner Moore (WI) Weiner jected. lars to spend, spend them for the high- Ford Moran (VA) Wexler The result of the vote was announced Frank (MA) Nadler Woolsey as above recorded. est and best purpose. Gonzalez Napolitano Wu The SPEAKER pro tempore. Without Gordon Neal (MA) Wynn The SPEAKER pro tempore (Mr. objection, the previous question is or- BASS). The question is on the passage dered on the motion to recommit. NAYS—235 of the bill. There was no objection. Aderholt Brady (TX) Davis, Tom The question was taken; and the The SPEAKER pro tempore. The Akin Brown (SC) Deal (GA) Speaker pro tempore announced that Alexander Burgess DeLay the ayes appeared to have it. question is on the motion to recommit. Bachus Burton (IN) Dent The question was taken; and the Baker Buyer Diaz-Balart, L. Mr. STARK. Mr. Speaker, on that I Speaker pro tempore announced that Barrett (SC) Calvert Diaz-Balart, M. demand the yeas and nays. the noes appeared to have it. Bartlett (MD) Camp (MI) Doolittle The yeas and nays were ordered. Barton (TX) Campbell (CA) Drake Mr. RANGEL. Mr. Speaker, on that, I Bass Cannon Dreier The SPEAKER pro tempore. This demand the yeas and nays. Bean Cantor Duncan will be a 5-minute vote. The yeas and nays were ordered. Beauprez Capito Ehlers The vote was taken by electronic de- The SPEAKER pro tempore. Pursu- Biggert Carter Emerson vice, and there were—yeas 234, nays Bilirakis Castle English (PA) ant to clause 8 and clause 9 of rule XX, Bishop (UT) Chabot Everett 197, not voting 3, as follows: this 15-minute vote on the motion to Blackburn Chocola Feeney [Roll No. 621] recommit will be followed by 5-minute Blunt Coble Ferguson Boehlert Cole (OK) Fitzpatrick (PA) YEAS—234 votes, if ordered, on passage of the bill Boehner Conaway Flake Aderholt Bartlett (MD) Bishop (UT) and on suspending the rules and pass- Bonilla Cramer Foley Akin Barton (TX) Blackburn ing H.R. 1400 debated yesterday. Bonner Crenshaw Forbes Alexander Bass Blunt The vote was taken by electronic de- Bono Cubin Fortenberry Bachus Bean Boehner Boren Culberson Fossella Baker Beauprez Bonilla vice, and there were—yeas 193, nays Boustany Davis (KY) Foxx Barrett (SC) Biggert Bonner 235, not voting 5, as follows: Bradley (NH) Davis, Jo Ann Franks (AZ) Barrow Bilirakis Bono

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27811 Boozman Hastert Pearce Green, Al McCarthy Sabo the rules were suspended and the bill, Boren Hayes Pence Green, Gene McCollum (MN) Salazar as amended, was passed. Boustany Hayworth Peterson (PA) Grijalva McDermott Sa´ nchez, Linda Bradley (NH) Hefley Petri Gutierrez McGovern T. A motion to reconsider was laid on Brady (TX) Hensarling Pickering Harman McKinney Sanchez, Loretta the table. Brown (SC) Herger Pitts Hastings (FL) McNulty Sanders f Burgess Hobson Platts Herseth Meehan Schakowsky Burton (IN) Hoekstra Poe Higgins Meek (FL) Schiff PRIVILEGES OF THE HOUSE Buyer Hostettler Hinchey Meeks (NY) Schwartz (PA) Pombo Ms. PELOSI. Mr. Speaker, pursuant Calvert Hulshof Porter Hinojosa Melancon Scott (GA) Camp (MI) Hunter Price (GA) Holden Menendez Scott (VA) to rule IX, I rise in regard to a question Holt Michaud Serrano Campbell (CA) Hyde Pryce (OH) of the privileges of the House, and I Honda Millender- Sherman Cannon Inglis (SC) Putnam Hooley McDonald Skelton offer a privileged resolution. Cantor Issa Radanovich Hoyer Miller (NC) Slaughter The SPEAKER pro tempore. The Capito Istook Ramstad Carter Jenkins Inslee Miller, George Smith (WA) Regula Clerk will report the resolution. Castle Jindal Israel Mollohan Snyder Rehberg The Clerk read the resolution, as fol- Chabot Johnson (CT) Jackson (IL) Moore (KS) Solis Reichert lows: Chocola Johnson (IL) Jackson-Lee Moore (WI) Spratt Renzi Coble Johnson, Sam (TX) Moran (VA) Stark H. RES. 591 Reynolds Cole (OK) Jones (NC) Jefferson Murtha Strickland Whereas the recurring practice of improp- Rogers (AL) Conaway Keller Johnson, E. B. Nadler Stupak erly holding votes open for the sole purpose Rogers (KY) Jones (OH) Napolitano Tanner Cramer Kelly of overturning the will of the majority, in- Crenshaw Kennedy (MN) Rogers (MI) Kanjorski Neal (MA) Tauscher Rohrabacher Kaptur Oberstar Taylor (MS) cluding bullying and threatening Members to Cubin King (IA) vote against their conscience, has occurred Cuellar King (NY) Ros-Lehtinen Kennedy (RI) Obey Thompson (CA) Culberson Kingston Royce Kildee Olver Thompson (MS) eight times since 2003, and three times in the Davis (KY) Kirk Ryan (WI) Kilpatrick (MI) Ortiz Tierney 109th Congress alone; Davis (TN) Kline Ryun (KS) Kind Owens Towns Whereas on November 22, 2003, the Repub- Davis, Jo Ann Knollenberg Saxton Kucinich Pallone Udall (CO) lican Leadership held open the vote on H.R. Davis, Tom Kolbe Schmidt Langevin Pascrell Udall (NM) 1, the Prescription Drug Conference Report, Deal (GA) Kuhl (NY) Schwarz (MI) Lantos Pastor Upton Larsen (WA) Payne Van Hollen for nearly three hours, the longest period of DeLay LaHood Sensenbrenner time in the history of electronic voting in Sessions Larson (CT) Pelosi Vela´ zquez Dent Latham the U.S. House of Representatives; Diaz-Balart, L. LaTourette Shadegg Leach Peterson (MN) Visclosky Diaz-Balart, M. Lewis (CA) Shaw Lee Pomeroy Wasserman Whereas the normal period of time for a re- Doolittle Lewis (KY) Shays Levin Price (NC) Schultz corded vote is 15 minutes, and the Speaker of Drake Linder Sherwood Lewis (GA) Rahall Waters the House has reiterated that policy on Dreier LoBiondo Shimkus Lipinski Rangel Watson Opening Day of each Congress by saying, Lofgren, Zoe Reyes Watt Duncan Lucas Shuster ‘‘The Chair announced, and then strictly en- Lowey Ross Waxman Ehlers Lungren, Daniel Simmons Lynch Rothman Weiner forced, a policy of closing electronic votes as Emerson E. Simpson Maloney Roybal-Allard Wexler soon as possible after the guaranteed period English (PA) Mack Smith (NJ) Markey Ruppersberger Woolsey of 15 minutes’’; Everett Manzullo Smith (TX) Feeney Marchant Matheson Rush Wu Whereas the sole purpose of holding the Sodrel Matsui Ryan (OH) Wynn Prescription Drug vote open was to under- Ferguson Marshall Souder Fitzpatrick (PA) McCaul (TX) Stearns NOT VOTING—3 mine the will of the House, and reverse the Flake McCotter Sullivan position that a majority of the House of Rep- Foley McCrery Brown-Waite, Franks (AZ) resentatives had taken during the entire Sweeney Ginny Hastings (WA) Forbes McHenry Tancredo vote; Fortenberry McHugh Taylor (NC) Whereas it was widely reported in the press Fossella McIntyre b 1523 Terry that former Representative Nick Smith (R– Foxx McKeon Thomas So the bill was passed. Frelinghuysen McMorris MI) was bribed on the House floor, and the Thornberry Gallegly Mica The result of the vote was announced incident was described in Robert Novak’s Tiahrt Garrett (NJ) Miller (FL) as above recorded. column in the Chicago Sun-Times, November Gerlach Miller (MI) Tiberi 27, 2003: ‘‘Nick Smith was told business inter- Turner A motion to reconsider was laid on Gibbons Miller, Gary the table. ests would give his son $100,000 in return for Gilchrest Moran (KS) Walden (OR) Walsh Stated for: his father’s vote. When he still declined, fel- Gillmor Murphy low Republican House members told him Gingrey Musgrave Wamp Mr. FRANKS of Arizona. Mr. Speaker, on they would make sure Brad Smith never Gohmert Myrick Weldon (FL) rollcall No. 621 (final passage H.R. 4297), had Goode Neugebauer Weldon (PA) came to Congress. After (Rep.) Nick Smith Goodlatte Ney Weller I been present, I would have voted ‘‘aye’’. voted no and the bill passed, (Rep.) Duke Gordon Northup Westmoreland f Cunningham of California and other Repub- Granger Norwood Whitfield licans taunted him that his son was dead Graves Nunes Wicker VACATING ORDERING OF YEAS meat’’; Green (WI) Nussle Wilson (NM) AND NAYS ON H.R. 1400, SECUR- Whereas the cost of the Prescription Drug Gutknecht Osborne Wilson (SC) ING AIRCRAFT COCKPITS Hall Otter Wolf bill was a critical factor in determining the Harris Oxley Young (AK) AGAINST LASERS ACT OF 2005 votes of many Members of Congress and Hart Paul Young (FL) Richard S. Foster, the chief actuary for the Mr. PUTNAM. Mr. Speaker, I ask Centers of Medicare and Medicaid Services, NAYS—197 unanimous consent that the House va- conducted numerous estimates indicating cate the ordering of the yeas and nays Abercrombie Butterfield Davis (IL) the cost to be much higher, including a June Ackerman Capps DeFazio on the motion to suspend the rules and 11, 2003 analysis of a similar plan in the Sen- Allen Capuano DeGette pass H.R. 1400 to the end that the Chair ate which would have cost $551 billion over Andrews Cardin Delahunt may put the question on the motion de ten years and Members were not made aware Baca Cardoza DeLauro of this; Baird Carnahan Dicks novo. The SPEAKER pro tempore (Mr. Whereas the Congressional Budget Office Baldwin Carson Dingell (CBO) estimated the cost of the Republican Becerra Case Doggett BASS). Is there objection to the request Prescription Drug bill to be $395 billion over Berkley Chandler Doyle of the gentleman from Florida? Berman Clay Edwards ten years and, yet just two months after the Berry Cleaver Emanuel There was no objection. vote in Congress, Joshua Bolten, Director of Bishop (GA) Clyburn Engel The SPEAKER pro tempore. The the Office of Management and Budget, dis- Bishop (NY) Conyers Eshoo question is on the motion offered by closed that the Administration’s estimate of Blumenauer Cooper Etheridge the gentleman from Wisconsin (Mr. the cost was actually $534 billion; Boehlert Costa Evans Whereas Representative Bill Thomas, the SENSENBRENNER) that the House sus- Boswell Costello Farr Chairman of the Ways and Means Committee Boucher Crowley Fattah pend the rules and pass the bill, H.R. and a key negotiator on the bill, told HHS Boyd Cummings Filner 1400, as amended. Brady (PA) Davis (AL) Ford Secretary Thompson on February 10, 2004 in Brown (OH) Davis (CA) Frank (MA) The question was taken; and (two- a hearing before the Ways and Means Com- Brown, Corrine Davis (FL) Gonzalez thirds having voted in favor thereof) mittee, ‘‘I know some people were surprised

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that your (HHS) number was higher. I per- RECORDED VOTE Capps Jackson (IL) Payne Capuano sonally was not . . .’’ (Hearing Transcript, Ms. PELOSI. Mr. Speaker, I demand Jackson-Lee Pelosi February 10, 2004); Cardin (TX) Peterson (MN) Whereas, Representative Nancy Johnson, a recorded vote. Cardoza Jefferson Pomeroy the Chairman of the Ways and Means Health A recorded vote was ordered. Carnahan Johnson, E. B. Price (NC) Carson Jones (OH) Rahall Subcommittee and a key negotiator on the The vote was taken by electronic de- Case Kanjorski Rangel bill, said she knew of the higher estimates vice, and there were—ayes 219, noes 188, Chandler Kaptur Reyes and stated, ‘‘Absolutely, we knew about not voting 27, as follows: Clay Kennedy (RI) Ross these numbers.’’ (The New York Times, Cleaver Kildee Rothman March 18, 2004); [Roll No. 622] Clyburn Kilpatrick (MI) Roybal-Allard Whereas the Republican Leadership and AYES—219 Conyers Kucinich Ruppersberger the Committees of jurisdiction chose to ig- Cooper Langevin Rush Abercrombie Gingrey Nussle nore the warnings of higher cost estimates Costa Lantos Ryan (OH) Aderholt Gohmert Osborne and intentionally misled Members of the Costello Larsen (WA) Sabo Akin Goode Otter Cramer Larson (CT) Salazar House for the sole purpose of winning pas- Alexander Goodlatte Oxley Crowley Lee Sa´ nchez, Linda sage of an extremely controversial bill; Bachus Granger Pearce Cuellar Levin T. Whereas in a clear conflict of interest the Baker Graves Pence Cummings Lewis (GA) Sanchez, Loretta Chairman of the Energy and Commerce Com- Barrett (SC) Green (WI) Petri Davis (AL) Lipinski Sanders mittee, former Representative Billy Tauzin Bartlett (MD) Gutknecht Pickering Davis (CA) Lofgren, Zoe Schakowsky (R–LA), was actively engaged in a job search Barton (TX) Hall Pitts Davis (FL) Lowey Schiff with the pharmaceutical industry at the Bass Harris Platts Davis (IL) Lynch Schwartz (PA) same time that he was a key negotiator on Beauprez Hart Poe Davis (TN) Maloney Scott (GA) Biggert Hastert Pombo DeGette Markey Scott (VA) major provisions in the bill, and after its Bilirakis Hayworth passage, he subsequently left Congress to Porter Delahunt Marshall Serrano Bishop (UT) Hefley DeLauro Matheson Sherman take a highly paid executive position with Price (GA) Blackburn Hensarling Pryce (OH) Dicks Matsui Skelton the head of the pharmaceutical lobby, and is Blunt Herger Putnam Dingell McCarthy Slaughter Boehlert Hobson reportedly making many times his congres- Radanovich Doggett McCollum (MN) Smith (WA) Boehner Hoekstra sional salary; Ramstad Edwards McGovern Snyder Bonilla Hostettler Whereas the Republican Leadership’s sub- Regula Emanuel McIntyre Solis Bonner Hulshof missiveness to the influence of corporate in- Rehberg Engel McKinney Spratt Bono Hunter terests, and their illegitimate efforts to Reichert Eshoo Meehan Stark Boozman Inglis (SC) Evans Meek (FL) Strickland overturn the will of the House to pass flawed Boustany Issa Renzi legislation like the Prescription Drug bill, Reynolds Farr Meeks (NY) Stupak Bradley (NH) Istook Fattah Melancon Rogers (AL) Tanner which was written to meet the needs of drug Brady (TX) Jenkins Filner Michaud Tauscher Rogers (KY) companies, call into question the legitimacy Brown (SC) Jindal Ford Millender- Taylor (MS) Rogers (MI) of the laws they enact and the agenda they Burgess Johnson (CT) Frank (MA) McDonald Thompson (CA) Rohrabacher pursue; Burton (IN) Johnson (IL) Gonzalez Miller (NC) Thompson (MS) Ros-Lehtinen Whereas the culture of corruption has so Calvert Johnson, Sam Gordon Miller, George Tierney Royce permeated the Republican Leadership that Camp (MI) Keller Green, Al Mollohan Towns Ryan (WI) they will violate their own rules and the cus- Campbell (CA) Kelly Grijalva Moore (KS) Udall (CO) Cannon Kennedy (MN) Ryun (KS) Gutierrez Moore (WI) Udall (NM) toms and decorum of the House to win votes Cantor King (IA) Saxton on the floor of the House of Representatives; Harman Moran (VA) Van Hollen Capito King (NY) Schmidt Hastings (FL) Murtha Vela´ zquez therefore, be it Carter Kingston Schwarz (MI) Herseth Nadler Visclosky Resolved, That the House denounces the Castle Kirk Sensenbrenner Higgins Napolitano Wasserman culture of corruption exhibited by the Re- Chabot Kline Sessions Hinchey Neal (MA) Schultz publican Leadership, denounces the ongoing Cole (OK) Knollenberg Shadegg Hinojosa Oberstar Watson resort to illegitimate actions taken to pass Conaway Kolbe Shaw Holt Obey Watt legislation like the Prescription Drug bill Crenshaw Kuhl (NY) Shays Honda Olver Waxman under false pretenses, rejects the practice of Cubin LaHood Sherwood Hooley Ortiz Weiner Culberson Latham improperly holding votes open beyond a rea- Shimkus Hoyer Owens Wexler Davis (KY) LaTourette Shuster sonable period of time for the sole purpose of Inslee Pallone Wu Davis, Jo Ann Leach Simmons Israel Pastor Wynn circumventing the will of the House, and di- Davis, Tom Lewis (CA) Simpson rects the Speaker to take such steps as nec- Deal (GA) Lewis (KY) Smith (NJ) NOT VOTING—27 essary to prevent any further abuse. DeLay Linder Smith (TX) Blumenauer Everett Menendez Dent LoBiondo PARLIAMENTARY INQUIRY Sodrel Boyd Green, Gene Pascrell Diaz-Balart, L. Lucas Souder Brown-Waite, Hastings (WA) Paul Mr. BURTON of Indiana (during the Diaz-Balart, M. Lungren, Daniel Stearns Ginny Hayes Peterson (PA) reading). Mr. Speaker, I would like to Doolittle E. Sweeney Buyer Holden Drake Mack Sullivan raise a point of order. I know that we Tancredo Chocola Hyde Dreier Manzullo Walden (OR) Taylor (NC) Coble Jones (NC) are talking about a previous Member, Duncan Marchant Waters Terry DeFazio Kind but is it in order for them to impugn Ehlers McCaul (TX) Woolsey Thomas Doyle McDermott Emerson McCotter the integrity of the House or of a pre- Thornberry Etheridge McNulty vious Member by making statements English (PA) McCrery Feeney McHenry Tiahrt like that in a resolution of this type? Ferguson McHugh Tiberi b 1548 The SPEAKER pro tempore. It is in Turner Fitzpatrick (PA) McKeon Ms. CORRINE BROWN of Florida order first for the Clerk to read the res- Flake McMorris Upton Foley Mica Walsh changed her vote from ‘‘aye’’ to ‘‘no.’’ olution. Wamp The Clerk will proceed. Forbes Miller (FL) Mr. SOUDER changed his vote from Fortenberry Miller (MI) Weldon (FL) ‘‘no’’ to ‘‘aye.’’ The Clerk continued to read the reso- Fossella Miller, Gary Weldon (PA) lution. Foxx Moran (KS) Weller So the motion to table was agreed to. Franks (AZ) Murphy Westmoreland The result of the vote was announced b 1530 Frelinghuysen Musgrave Whitfield as above recorded. The SPEAKER pro tempore (Mr. Gallegly Myrick Wicker A motion to reconsider was laid on Garrett (NJ) Neugebauer Wilson (NM) BASS). The resolution presents a ques- Gerlach Ney Wilson (SC) the table. tion of the privileges of the House. Gibbons Northup Wolf f MOTION TO TABLE OFFERED BY MR. PUTNAM Gilchrest Norwood Young (AK) Gillmor Nunes Young (FL) Mr. PUTNAM. Mr. Speaker, I move GENERAL LEAVE to table the resolution. NOES—188 The SPEAKER pro tempore. The Ackerman Bean Boren Mr. PUTNAM. Mr. Speaker, I ask question is on the motion that the res- Allen Becerra Boswell unanimous consent that all Members olution be laid on the table. Andrews Berkley Boucher may have 5 legislative days within The question was taken; and the Baca Berman Brady (PA) which to revise and extend their re- Baird Berry Brown (OH) Speaker pro tempore announced that Baldwin Bishop (GA) Brown, Corrine marks and include extraneous material the ayes appeared to have it. Barrow Bishop (NY) Butterfield on H.R. 4297.

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The SPEAKER pro tempore (Mr. BLUNT), the acting majority leader, for lute only resort left to us. I would not MCHENRY). Is there objection to the re- the purpose of inquiring about the anticipate that. quest of the gentleman from Florida? schedule for the week to come. Mr. HOYER. I thank the gentleman There was no objection. Mr. BLUNT. I thank the gentleman for that information. Focusing on the DOD bills, the au- f for yielding. Mr. Speaker, the House will convene thorization and the appropriation bill, AMENDMENT PROCESS FOR CON- on Tuesday at 12:30 p.m. for morning technically, as I understand it, we have SIDERATION OF H.R. 4437, BOR- hour and 2 p.m. for legislative business. not gone to conference on either one of DER PROTECTION, ANTITERROR- We will consider several measures those at this point in time. One of the ISM, AND ILLEGAL IMMIGRATION under suspension of the rules. A final reasons is, I presume, that there will be CONTROL ACT OF 2005 list of those bills will be sent to Mem- a motion to instruct on the McCain (Mr. PUTNAM asked and was given bers’ offices by the end of the week. amendment on one of those bills. Can permission to address the House for 1 Any votes called on these measures the gentleman tell me when we might minute.) will be rolled until 6:30 p.m. have a motion to go to conference? I Mr. PUTNAM. Mr. Speaker, the For Wednesday and the balance of know you have talked about them com- Rules Committee may meet next week the week, the House will consider addi- ing on the floor as conference reports, to grant a rule which could limit the tional legislation under suspension of but in light of the fact we have not amendment process for floor consider- the rules, as well as H.R. 4437, the Bor- gone to conference yet, could the gen- ation of H.R. 4437, the Border Protec- der Protection, Antiterrorism, and Ille- tleman inform me as to when we might tion, Antiterrorism, and Illegal Immi- gal Immigration Control Act of 2005, have a motion to go to conference? gration Control Act of 2005. under a rule. We also anticipate the I yield to my friend. Any Member wishing to offer an House will consider additional con- Mr. BLUNT. I thank my friend for amendment should submit 55 copies of ference reports, including the USA PA- yielding and would say that we expect the amendment and one copy of a brief TRIOT Act; the Labor, Health and those motions early in the week. I explanation of the amendment to the Human Services and Department of De- thought even today we might get one Rules Committee in room H–312 of the fense appropriations bills; and possibly of those motions today as the work is Capitol by 7 p.m. on Tuesday, Decem- the deficit reduction and tax relief done to try to work through some of ber 13, 2005. Members should draft their packages. the things that appear to be problems amendments to the bill as reported by Mr. HOYER. I thank the gentleman in the conference that need to be the Judiciary Committee on December for that information. worked out, and I would expect to see 8, 2005, which is expected to be filed As you know, a lot of work remains that happen early in the week in both with the House next week. Members to be done which is supposed to be, as instances. are also advised that the text should be I understand it, may be, I suppose, our Mr. HOYER. Reclaiming my time, available for their review on the Web last week. Many hope it will be our last this is not a question, but let me tell sites of the Judiciary and Rules Com- week, at least for the month, including you the difficult position this puts us mittees by Friday, December 9. the completion of the conference re- in, which I hope we ought to really pre- Members should use the Office of port, as you have said, on Labor-Health clude in the future in fairness. Legislative Counsel to ensure that and DOD appropriation, the DOD au- The purpose of a motion to instruct their amendments are drafted in the thorization, TRIA, PATRIOT Act. conferees is obviously to convey to most appropriate format and should So for Members’ planning purposes, them the opinion of the House as it re- check with the Office of the Parliamen- can you tell me when you expect to fin- lates to the product of the conference. tarian to be certain their amendments ish work for the year? Clearly, if that motion is not made comply with the rules of the House. Mr. BLUNT. Once we return on Tues- until essentially after the conference day, the Members should expect the work is done, the motion essentially is f House to be in session and voting every of little, if any, value. I understand the REMOVAL OF NAME OF MEMBER day until we adjourn. That could hap- problem that the majority has been AS COSPONSOR OF H.R. 4099 pen as early as next Thursday, but cer- dealing with and the differences be- tainly by next Saturday or possibly tween the administration and at least Mr. BISHOP of Georgia. Mr. Speaker, Sunday, and we would not anticipate the Senate. But it does place us in a I ask unanimous consent to have my returning until we return after the position where essentially whatever name removed as a cosponsor of H.R. first of the year. the House might want to do on a mo- 4099. Mr. HOYER. I thank the gentleman tion to instruct would be essentially a The SPEAKER pro tempore. Is there for that information. meaningless act. objection to the request of the gen- If we do not pass, for whatever rea- That is certainly not, I think, the in- tleman from Georgia? sons, the DOD appropriation bill and tent of the rule for a motion to in- There was no objection. the Labor-Health appropriation bill, struct, nor is it the spirit, I think, of f presumably we will need a CR. Could the rule. The gentleman does not have the leader tell me how long you would to comment on it. If he wanted to REMOVAL OF NAME OF MEMBER anticipate that CR being? make a comment on it, I would be glad AS COSPONSOR OF H.R. 3875 Mr. BLUNT. We have not con- to hear it; but I think you understand Mr. WEXLER. Mr. Speaker, I ask templated that because we do expect to our consternation for those of us who unanimous consent to have my name pass both of those bills next week be- particularly feel very strongly on the removed as a cosponsor of H.R. 3875. fore we leave. I think we are absolutely importance and the appropriateness of The SPEAKER pro tempore. Is there committed to do that and expect to see the McCain amendment as passed by objection to the request of the gen- both of those on the floor individually, the Senate being in the final bill. tleman from Florida? and we will then have brought all of Again, the gentleman does not have to There was no objection. our appropriations work to the floor comment on that. If he would like to, f individually, though certainly one of I will certainly yield. those bills, probably the Department of Mr. BLUNT. I would only say that I LEGISLATIVE PROGRAM Defense bill, will include whatever ad- understand the point. I also under- (Mr. HOYER asked and was given ditional appropriations have to be han- stand, as the gentleman does, in this permission to address the House for 1 dled before we leave this year. But we particular case, the White House was minute.) would expect to handle those under highly involved in the discussion in the Mr. HOYER. Mr. Speaker, I yield to regular order and would only con- Senate; and it does seem to me that the gentleman from Missouri (Mr. template a CR if that became the abso- this is an issue of unusual sensitivity

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27814 CONGRESSIONAL RECORD—HOUSE December 8, 2005 and important to try to work through you anticipate that they will be joined be brought to the floor attached to an- as much as we could before we put our for purposes of consideration on the other bill. conferees in place, but I clearly under- floor, or is it your anticipation that we That is a critical piece of legislation. stand the position that the whip has on will consider each one of them individ- I think all of us want to make sure that and appreciate it. ually? I yield to my friend. that we have the resources necessary Mr. HOYER. I thank the gentleman. Mr. BLUNT. I thank the gentleman and some of the legislative authoriza- On the budget reconciliation con- for yielding. Those bills were combined tions and law necessary to facilitate ference, when do you expect that to hit into one bill in the Judiciary Com- rehabilitation of the gulf area. Can you the floor? mittee markup today, so I would ex- tell me when that might come to the Mr. BLUNT. We are hopeful that pect to see that as one bill. And amend- floor and on what vehicle it might both of these reconciliation con- ments could be submitted to the Rules come to the floor, either as a free- ferences can proceed. Both the tax con- Committee on that bill and the Rules standing bill or attached to another? ference and the deficit reduction con- Committee, I am sure, will allow some I yield to my friend. ference are very complicated. It is our amendments on the floor as well. Mr. BLUNT. I thank my friend for hope we can work through these, get Mr. HOYER. I thank the gentleman. yielding, and I would like to remind these in place and work through them Something that is not on the notice, my friend, as I am sure I do not need next week; but there is a tremendous but there has been significant discus- to, but the tax portion of this, also sig- amount of work that needs to be done sion of and great interest in on our side nificant in terms of redeveloping the because of the differences in the bills. as well as your side, is the pension bill. gulf coast, we did pass that bill this We are hopeful that we go to con- I notice it is not on the announcement, week as a stand-alone measure, so that ference next week on one or both of but do you anticipate that that might no matter what happens this year in those issues, and then could even get be on the calendar; or has that been de- reconciliation we have an opportunity to move forward with Katrina tax re- one or both of them back to the floor cided to go over? I yield to my friend. lief. to vote on the conference product next Mr. BLUNT. I thank my friend for yielding. This is an important topic for We also need to move forward with week, if that is at all possible. other kinds of relief. As you men- Mr. HOYER. I understand that know- us to deal with. Pension security is in- tioned, Mr. TAYLOR and Mr. MELANCON ing a specific day on which that could credibly important to Americans and their future. and other Members, our Members from be done would be practically impos- Mississippi, Louisiana, east Texas, and sible. I appreciate the gentleman’s ob- We believe we have a good bill from the Ways and Means Committee and Alabama have all been very interested servation. in moving forward on relief for the On the border security and immigra- the Education and Workforce Com- mittee that has been put together. But families that are affected. I believe tion bill, which you note will be on the there is a broad understanding that we I also understand that because both calendar next week, can you tell us need to do this before the end of the bodies have to be involved, it is highly whether or not we can anticipate that year. being on, presumably, either Wednes- unlikely that whatever we do would I do think, Mr. Whip, it is likely that day or Thursday? We are coming back find its way to the President’s desk that relief package will be part of one Tuesday night. You indicated it is pos- this year. of these last two appropriation meas- At the same time, circumstances sible we could get out Thursday. So I ures to move across the floor. I believe presume that bill, which is ready for might allow us to move that bill next that works best for ensuring that this the floor, will be on either Wednesday week. But I would not put that on the happens on both sides of the Capitol, or Thursday. Can you tell us specifi- list of things that we are almost cer- both this body and the other body. And cally when you might anticipate that tain to do, but certainly it is on the I would expect to see that Katrina re- bill being on the floor? list of things we are looking at to see lief package, with significant elements Mr. BLUNT. As I said, we intend to if there is a way we can go ahead and of items that the gentleman mentioned have that bill on the floor next week. I advance a House position so that our and others are interested in, will be in think it is probably more likely to be friends on the other side of the Capitol either the Department of Defense ap- on Thursday, but that decision will be can move on this issue as well, and propriations bill, as part of that de- a lot easier to make once we get a early next year, we could come to con- bate, discussion, and vote, or in the greater sense of how all of the work clusion on an issue that is so critically Labor-HHS vote at another time in the next week will present itself. Certainly important to so many Americans and week. we hope to have these two appropria- their families. Mr. HOYER. I thank the gentleman tions measures on the floor; and as we Mr. HOYER. I thank the gentleman. for those remarks. Clearly, that is crit- have discussed before in the last few As he observes and I have observed, ical not only, as I said, to the people minutes, the importance of getting there is great interest. We know this is that you mentioned from the areas af- them done next week. The PATRIOT an important piece of legislation. Both fected, but to all of us who want to en- Act also will be on the floor next week, sides and I think all interest groups sure assistance gets to the people we anticipate. want to address his issue as soon as we there. And while the tax provisions can. Hopefully, we can work together b 1600 may well be important, they are to effect a piece of legislation that can longer-term impacts, and in some re- And depending on how that work be- enjoy bipartisan support, can pass, and spects shorter-term impacts, that we comes available to us will determine go into effect to assist so many mil- would otherwise provide. the scheduling of the border security lions of Americans who are concerned Lastly, Mr. Leader, if I can, can you provisions. I do not think it is likely about the security that they have in perhaps give us a preview of the sched- that that will be on the floor on their pensions. I know that is your de- ule for next year? It is our under- Wednesday, but it is not impossible. I sire, our desire, and hopefully we can standing on this side that the prob- think it is more likely that that bill proceed on that. ability is we will not be returning until will be on the floor on Thursday, or Mr. Leader, Mr. TAYLOR from Mis- the 31st of January. Has that been de- maybe even later if other measures sissippi is on the floor and Mr. MELAN- cided? Can you confirm that and maybe present themselves quicker than we CON from Louisiana was also on the give us a brief preview of what our think. floor. Both of them had inquired of me, schedule next month and the months Mr. HOYER. Thank you. Reclaiming appropriately, the status of the thereafter in the year to come might my time, as I understand it, the border Katrina relief legislation. We are very be? security and immigration, one comes interested in that being brought to the I yield to my friend. out of Homeland Security and one floor next week. It is my understanding Mr. BLUNT. I thank the gentleman comes out of Judiciary. Mr. Leader, do that it probably will be, but it might for yielding, and before I go to that, I

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27815 would like to say, and I would hope he Mr. DANIEL E. LUNGREN of Cali- It is not the time for retreat. It is the would share my view of this, that while fornia. Mr. Speaker, I rise in brief com- time for our Nation’s civilian leader- the Katrina supplemental is important ment about a former Member of this ship to stand with them. Their sac- and needs to be done before the end of House who passed away this week, Car- rifice obligates us to demonstrate the the year, that also anything in the tax roll Campbell. As one who came to this same level of commitment and dedica- structure that encourages rebuilding, House with Carroll Campbell in Janu- tion to this cause of freedom. And each making a decision to get your business ary of 1979, I would say that if you were day as a Nation, we are more indebted back in the affected area rather than to draw a blueprint for an outstanding to these extraordinary men and women stay somewhere else you may have Member of Congress, you could do no with whom I visited. moved to is also important. better than to look to Carroll Camp- f I would not want our colleagues on bell. Carroll Campbell served tremen- SPECIAL ORDERS the other side of the building to think dously as the governor of his home that somehow the tax portion of this State of South Carolina, but before The SPEAKER pro tempore. Under can wait until next year. They both that, served with great honor and dis- the Speaker’s announced policy of Jan- need to be done this year, and we are tinction in this House. uary 4, 2005, and under a previous order going to work hard to see that both of Mr. Speaker, I can say that he was a of the House, the following Members those things get done this year. man of great integrity. He was one will be recognized for 5 minutes each. We have worked this year well be- that you admired in every aspect. I can f yond our schedule to work in Wash- recall him being the first Member from TRIBUTE TO SERGEANT BILL ington. Members had every reason to my side of the aisle south of the MEEUWSEN believe before the August work period Mason-Dixon line who came out in sup- that they would be home now and port of the extension of the Voting The SPEAKER pro tempore. Under a would have been home for several Rights Act. He provided leadership in previous order of the House, the gen- weeks talking about what we have so many areas, whether tax policy, na- tleman from Texas (Mr. POE) is recog- done and what we hope to do. But when tional defense or otherwise. nized for 5 minutes. we do go home at the end of the next Carroll Campbell was a champion. Mr. POE. Mr. Speaker, the three working series of days we will be work- Carroll Campbell left us far too soon, words from the official seal of the ing, we would anticipate that the Mem- and we send our words, our good wish- United States Army states: ‘‘This we’ll bers would not come back until the es, and our hopes with his wife and his defend.’’ Sergeant Bill Meeuwsen was a 31st of January, and the first votes for children. This House is a greater place member of the Army and he died car- the second session would occur on and because of the service rendered to this rying out this motto, defending the after that date. House by Carroll Campbell. United States of America. Mr. Speaker, I rise today to pay trib- Mr. HOYER. I thank the gentleman f for that information. ute to Sergeant Bill Meeuwsen. He was IRAQ: COMMITMENT TO THE truly a remarkable person. Bill was f CAUSE born in Mount Vernon, Washington, on ADJOURNMENT TO MONDAY, DE- (Ms. HARRIS asked and was given February 10, 1981, and when he was 10 CEMBER 12, 2005 AND HOUR OF permission to address the House for 1 years old, he and his family found their MEETING ON TUESDAY, DECEM- minute and to revise and extend her re- way to southeast Texas and moved to BER 13, 2005 marks.) Kingwood, Texas. He attended King- Ms. HARRIS. Mr. Speaker, I rise this wood High School, one of the finest Mr. BLUNT. Mr. Speaker, I ask unan- evening to voice my support for our high schools in this country, and he imous consent that when the House ad- mission in Iraq and the global war on graduated in 1999. journs today, it adjourn to meet at terror. He went on to Texas A&M Univer- noon on Monday next, and further, We stand at a critical juncture in the sity, and he and some of his friends en- when the House adjourns on that day, history of Iraq and in our own history. listed in the United States Army as a it adjourn to meet at 12:30 p.m. on Do we ignore the steady progress to- result of the attacks of September 11, Tuesday, December 13, 2005, for morn- ward democracy in Iraq? Do we hand 2001. His father Mike said ‘‘Bill strong- ing hour debate. victory to the terrorist insurgency on ly believed that we all share a responsi- The SPEAKER pro tempore (Mr. the eve of the historic December 15 bility to serve on behalf of God and MCHENRY). Is there objection to the re- elections? Or do we remain committed country, to protect freedoms we all quest of the gentleman from Missouri? to the cause of freedom at home and cherish so deeply.’’ It was that sense of There was no objection. abroad? patriotism that led him to enter the f Our Nation already knows of the United States Army. Bill was initially deployed with the DISPENSING WITH CALENDAR price of victory and how great it is, but renowned Band of Brothers to Camp WEDNESDAY BUSINESS ON the cost of failure would be far greater. Giant, near the Korean demilitarized WEDNESDAY NEXT As Democratic National Committee Chair Howard Dean was engaging in zone in March of 2003. A year later, he Mr. BLUNT. Mr. Speaker, I ask unan- the politics of partisans and the dema- was assigned to the 2nd Battalion 502nd imous consent that the business in goguery of doubters, I was visiting Infantry Regiment, 2nd Brigade Com- order under the Calendar Wednesday with our amputees in the Walter Reed bat Team of the 101st Airborne Divi- rule be dispensed with on Wednesday Medical Hospital. These brave men and sion of Fort Campbell, Kentucky. It next. women know why we are fighting and was there he married his wife, Lauren The SPEAKER pro tempore. Is there why we must continue to fight. They Lynn, on August 18, this year, 2005. She objection to the request of the gen- know better than any of us why their was the daughter of a Colonel who was tleman from Missouri? brothers in arms have died fighting. also serving in Iraq. There was no objection. Their sacrifices have been made in the Bill was then deployed to Iraq just 3 f name of freedom and in the pursuit of months later, in October of 2005. Two victory. months after that, on the day before TRIBUTE TO CARROLL CAMPBELL, Not only is victory in Iraq possible, Thanksgiving this year, Sergeant Bill FORMER MEMBER OF CONGRESS but it is within reach. Faced with long Meeuwsen was one of two soldiers (Mr. DANIEL E. LUNGREN of Cali- painful recoveries, these soldiers focus killed in action when his unit came fornia asked and was given permission on the positive and what can be done under direct fire near Baghdad. He was to address the House for 1 minute and and what will be done. We owe them the 186th Texan killed in Iraq since the to revise and extend his remarks.) the same. war began. One out of every ten people

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27816 CONGRESSIONAL RECORD—HOUSE December 8, 2005 serving in the United States military Father have special plan to brighten erations. Imagine leaving our kids with today is from the State of Texas. the heaven with Mr. Meeuwsen.’’ an unpaid $27,000 credit card bill and Mr. Speaker, Bill is remembered as a Mr. Speaker, I am sure that heaven is more interest on the way. person who loved his friends and fam- already brighter with Bill up there, and But holding back medical treatment ily. He enjoyed playing basketball with I would like to extend my prayers and for chronically ill children is not the his buddies, and he had compassion for our condolences to his parents, Mike way to restore fiscal discipline. Neither animals. When he was growing up, he and Thresa, to his relatives, his is making cuts to education that will used to hide animals in his home. His friends, the community of Kingwood, close the doors of opportunity to a gen- friends and family will never forget his Texas, his wife, Laura Lynn. Sergeant eration of students. The budget bill cut friendly and ever-present smile. Meeuwsen touched so many lives in his student loan programs by more than b 1615 24 years. He was a freedom fighter, he $14 billion. With new fees and higher was an Aggie, a son of proud parents, a interest rates, educational opportuni- He had a great sense of humor and a member of the band of brothers, an ties will be lost, and all of the stimulus way of making anyone around him feel American warrior, and an inspiration to the economy that would have been comfortable. His father, Mike, spoke of to all patriots. His patriotism and her- generated by all those new engineers his sense of adventure and interest in oism and his life will not be forgotten. and scientists will be lost with them. exploring other countries and cultures, He paid for freedom with his life. He Does our Nation truly benefit eco- which he was doing by fulfilling his paid for our safety with his blood, and nomically or otherwise by pushing so Army experience. he paid for our future years with his many deeper into poverty, or by clos- While in Iraq, Bill spoke with his youth. ing the doors to higher education? In wife, Lauren, and parents, Mike and When I talked to Sergeant the wake of Hurricane Katrina and all Thresa frequently. In one of his most Meeuwsen’s father, Mike, about what that it revealed about the persistence recent conversations, he was upbeat his son believed in and his reasons for of poverty in America, can we really and excited about his unit’s recent suc- his personal involvement in Iraq, he have a more secure future with a less cess in the field in Iraq. He felt strong- said this: ‘‘I am here for God, country, effective safety net? ly they were accomplishing their mis- and freedom.’’ I am proud to be a member of the sion and goal, making a difference in Mr. Speaker, that says it all. Blue Dog Coalition, a group of mod- Iraq for those people. A week before he God bless Bill and God bless our erate and conservative Democrats con- died, he sent home this photograph of troops and God bless America. That is cerned about fiscal responsibilities. I him taking a break in Iraq enjoying just the way it is. join my Blue Dog colleagues in seeking tea in the Iraqi custom. f ways to reduce the debt; but we were Mr. Speaker, here is a photograph of compelled to oppose this bill because it TAX CUTS BENEFIT THE Bill shortly before he was killed in ac- was a sham, a debt increase that made PROSPEROUS tive duty in Iraq. It shows this big the poor poorer, the rich richer, and man, this big son of America, taking a The SPEAKER pro tempore (Mr. the country’s future even more precar- break while on duty in Iraq for his MCHENRY). Under a previous order of ious. Any reasonable look at the num- country and for the people of Iraq. the House, the gentleman from Cali- bers will easily reveal the truth: these During another conversation with his fornia (Mr. SCHIFF) is recognized for 5 bills result in an increase to the na- mother Thresa, she was crying when minutes. tional debt. she spoke with her son because Bill’s Mr. SCHIFF. Mr. Speaker, in the face As a Nation, we have gone from an platoon had recently suffered four cas- of our $8.1 trillion debt, the House re- $86 billion surplus under President ualties, and she was worried how he cently passed a budget reconciliation Clinton in 2000 to a record $412 billion was handling this. But Bill was very bill. This so-called Deficit Reduction deficit last year. Our fiscal house is clear in his response to his mother. He Act cut spending by $53 billion by cut- more than out of order; it is spiraling told his mother, ‘‘Mom, you do not ting programs like health care for the out of control. need to cry for the soldiers who were sick, education benefits for students, What we need right now is a balanced killed. They are all in heaven. They child support help for parents, and food budget strategy and one that honors were good men. They died doing what stamps for hungry families. Even as the values of the American people, that they wanted to do. Cry for their fami- supporters of the budget reconciliation rewards work not wealth, that requires lies.’’ Wise words from one of Amer- bill applauded their own new-found fru- the sacrifice of all Americans for the ica’s sons. gality, they knew the savings would common good and not the sacrifice His clear and matter-of-fact re- never be realized because today the alone of the poor, the young, or the in- sponses have been a tremendous source House passed a tax reconciliation bill, firm. of comfort to his wife and to his par- erasing the 3-week-old savings of $53 f ents since his death. billion with $70 billion in new tax cuts. While Bill was stationed in Korea be- And most egregiously, the lion’s share UPHOLDING TRADE REMEDY LAWS fore he went to Iraq, he met a man of these tax cuts benefit the most pros- IN HONG KONG named Ahn. Ahn was a sergeant in the perous among us. Mr. ENGLISH of Pennsylvania. Mr. South Korean Army. He and Bill made At a time when one in seven Ameri- Speaker, I ask unanimous consent to quick friends. They made an odd pair cans have no health insurance, the claim the time of the gentleman from since Ahn was relatively short and Bill budget bill cut $11 billion for Medicaid, Texas (Mr. BURGESS). was 6 foot 4 inches tall. On numerous the most basic part of America’s safety The SPEAKER pro tempore. Is there weekends the two of them would catch net. It further empowered health care objection to the request of the gen- the train to Seoul, South Korea, where providers to turn away patients who tleman from Pennsylvania? they explored the city, and Ahn helped are unable to pay. This was not only There was no objection. Bill learn the customs of the Korean uncaring but fiscally unwise. It will The SPEAKER pro tempore. Under a people. Bill even got to go to Ahn’s cost our Nation more certainly in the previous order of the House, the gen- parents’ home. long run when significant health prob- tleman from Pennsylvania (Mr. After he learned of Bill’s passage, lems are left untreated. ENGLISH) is recognized for 5 minutes. Ahn sent a heartfelt letter in broken Mr. Speaker, with a Federal debt now Mr. ENGLISH of Pennsylvania. Mr. English to the Meeuwsen family in of $8 trillion, every American owes Speaker, we are on the eve of the World Texas. It reads in part: ‘‘There is an old $27,000. Americans understand that the Trade Organization’s ministerial meet- Korean saying that ‘too nice and good inability of the administration and ing in Hong Kong, and it is critical person tends to be taken by God earlier Congress to balance the budget will that the U.S. maintain its upper hand than usual.’ I strongly sure that Holy have a disastrous effect on future gen- in pursuing its goals of a successful

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27817 Doha Round and also exercising leader- last line of defense to be compromised Peak oil is a fact, not a theory. Oil ship in the global trading system. in any way, and our negotiators need production has now peaked in 33 of the I recently led a bipartisan group of to recognize that. world’s largest 48 oil-producing na- my colleagues to Brazil to participate My resolution will make very clear tions. what our position is and in the process in a study trip to help strengthen the b 1630 bilateral relationship between our two fend off any attempts to derail our countries. During our time there, we trade laws and put the House on record A recent Energy and Air Quality met with top Brazilian negotiators to opposing any multilateral agreement Subcommittee hearing showed that a discuss key trade issues that we expect that will weaken these important U.S. growing number of energy experts will be addressed next week in Hong trade protections. Senators CRAIG and agree that a peak in world oil produc- Kong. ROCKEFELLER have introduced a simi- tion is either imminent or likely to At our meetings, my colleagues and I lar resolution which was included in occur by 2015. The United States de- drove one critical message, and that is the Senate’s tax reconciliation bill, mand for oil continues to increase by our government’s unwavering commit- adopted overwhelmingly by the U.S. about 2 percent per annum. As global ment to the utilization and protection Senate. This week our Chamber voted demand has increased faster than pro- of our trade remedy laws. on our own tax reconciliation measure. duction, the once substantial cushion There is no doubt the U.S. employers We are making one step closer to hav- between world oil production and de- rely on these laws which serve as a fun- ing this resolution become law. mand has decreased. This phenomenon damental line of defense, an oppor- I urge my colleagues to lend their has increased the price of oil. Con- tunity to police our markets against support to our resolution and join me sequently, huge amounts of American unfair trade and to preserve domestic in working to ensure that the Craig- money, up to $25 million per hour, go abroad to pay for foreign oil. Middle industries that otherwise would be at Rockefeller initiative is included in eastern countries, flush in oil dollars, risk. There is no question that it is the Congress’ tax reconciliation package as help fuel the terrorism we are fighting. responsibility of Congress and the ad- we move to a final package. And as we Some say market forces will solve the ministration to ensure that our firms move closer to the trade talks in Hong peak oil problem. They argue that as have the proper tools to fight illegally Kong, which we hope will be successful, we approach or pass the peak of pro- traded goods and services. we must carefully monitor the progress duction, oil prices will increase and al- While we are committed to opening of the Doha Round and specifically the ternatives will become more competi- our markets, and have done so histori- rules negotiations to ensure that we do not resign ourselves to agreements tive. cally, reducing trade-distorting sub- However, no alternative currently sidies and eliminating non-tariff bar- that would in any other way impede American producers from policing the available will make it more competi- riers to trade, we are not willing to tive. However, there is no alternative give up appropriate tools that we have domestic market. This is a fundamental issue for a available anywhere near ready to re- to police our market for illegally trad- place oil in the volumes we use it ed imports. country that recognizes that our future is in engaging in the international today. What is more, even today’s oil To reinforce this, I introduced a reso- prices do not accurately reflect the full lution, H. Res. 577, calling on U.S. ne- trading system, but also that we need to be prepared to reflect back and at social costs of oil consumption. Cur- gotiators to stand firm in the face of rently, Federal and State taxes add up international pressure and uphold our least provide the fundamental guar- antee to American companies and to about $0.40 per gallon of gasoline. A trade remedy laws during the WTO’s American workers that the rules will World Resources Institute analysis Doha Development Agenda Round. be followed. found that fuel related costs not cov- Many in the Doha Round, particularly f ered by drivers are at least twice that the so-called friends of antidumping much. Oil prices do not include the full negotiations, have targeted U.S. anti- PEAK OIL cost attributed to road maintenance, dumping and countervailing duty Mr. UDALL of New Mexico. Mr. the financial risk of global warming or measures as distortions to trade. They Speaker, I ask unanimous consent to threats to national security from im- claim they are antifree trade, and yet claim the time of the gentleman from porting oil. Without these externalities the fact remains that our participation Illinois (Mr. EMANUEL). in the market, significant private in- in a free trading system is contingent The SPEAKER pro tempore. Is there vestment in alternative technologies on our ability to have access to these objection to the request of the gen- will not occur. remedies. tleman from New Mexico? Over the past hundred years, fueled These laws, as I said, are the last line There was no objection. by cheap oil, the United States has led of defense, and eliminating or weak- The SPEAKER pro tempore. Under a a revolution in the way the world oper- ening them is not a solution to making previous order of the House, the gen- ates. Replacing this resource in a rel- sure that they work appropriately. Nor tleman from New Mexico (Mr. UDALL) atively short time is an incredible is, in this political climate in Congress, is recognized for 5 minutes. challenge, an imperative to the sur- weakening or watering down the abil- Mr. UDALL of New Mexico. Mr. vival of our way of life. The United ity of the U.S. to utilize its appropriate Speaker, I rise today to stress how im- States has faced such challenges in the trade remedy laws in any way a viable portant it is for the United States to past. In response to great challenges position. take a bold new approach to our energy and inevitable threats, we pooled our The time has come for Congress to supplies. Our economy and way of life resources and ingenuity to build an draw a line in the sand and take a depend on cheap oil. In many ways, atomic bomb in just a few years and much tougher stance with our trading cheap oil is responsible for our pros- put a man on the moon in a decade. We partners to ensure that they fully perity. Since oil provides about 40 per- can and must do this again. We must abide by the rules-based global trading cent of the world’s energy, a peak in commit to a bold new initiative. system. global oil production will be a great To eliminate our dependence on for- We will not stand by and let other turning point in human history. Oil eign oil and develop a new economy countries try to use negotiations to un- and natural gas literally transport, based on renewable, non polluting en- dermine the intent of our domestic heat, and feed our country. Therefore, ergy, we need a massive, long-term in- trade remedy laws. America will no we must summon the political will to vestment in research for both basic and longer tolerate unfair trading practices act immediately, diversify our energy applied science. We must produce effec- at the expense of our workers. Our supplies, and mitigate the negative tive policies that create a new genera- trade laws have a fundamental purpose changes that will undoubtedly accom- tion of scientists devoted to changing and are used only when others break pany the world peak in oil and natural the way we produce energy. Addition- the rules. Congress will not allow this gas production. ally, we must commit to decreasing

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27818 CONGRESSIONAL RECORD—HOUSE December 8, 2005 our demand for oil. We can start by in- American conflict with militant Islam. against huge deficit spending and mak- creasing efficiency. Transportation in On the contrary, it will widen it.’’ ing the U.S. the policeman of the world the United States accounts for 16.5 per- Jack Kemp wrote before the war, and placing almost all of the burden of cent of the world’s oil consumption. ‘‘What is the evidence that should enforcing U.N. resolutions on our peo- Transporting goods and people by rail cause us to fear Iraq more than Paki- ple, was there any evidence at all of an is at least five times as efficient as stan or Iran. Do we reserve the right to eminent threat? automobiles. We must revive and rein- launch a preemptive war exclusively Mr. Tenet said no, there was not. And vest in our passenger and freight rail for ourselves or might other nations he later confirmed this in a speech at system. Looking at our automobile such as India, Pakistan or China be Georgetown University the day after fleet, modest increases in fuel effi- justified in taking similar action on he resigned. ciency, using existing technology will the basis of fears of other nations?’’ According to Bob Woodward’s book decrease our oil usage by about 1 bil- Mr. Kemp said, based on the evidence on the war, the President received a lion barrels per year. However, the that he had seen, there was not ‘‘a briefing from these same CIA officials turnover rate for the automobile fleet compelling case for the invasion and on December 21, 21⁄2 months after the is 10 to 15 years, therefore, we must occupation of Iraq.’’ Congressional vote and responded with start immediately. James Webb, Secretary of the Navy, words to the effect, ‘‘Is that the best The buildings in which we work and under President Reagan, wrote a col- you’ve got. That will never convince live are terribly inefficient. We could umn for The Washington Post, before Joe Public.’’ easily reduce their energy consumption the war, saying if we invaded, we would Quoting Charley Reese, the conserv- by one-half. We must immediately have to occupy Iraq for 30 to 50 years ative columnist again, the war in Iraq weatherize and make more energy-effi- and that American soldiers would was ‘‘against a country that was not cient tens of millions of buildings. Our ‘‘quickly become 50,000 terrorist tar- attacking us, did not have the means bold new initiative must instill these gets.’’ to attack us, and had never expressed He added, ‘‘These concerns and oth- ideas into the American consciousness. any intention of attacking us, and for ers like them are the reasons that The sooner we start, the smaller our whatever real reason we attacked Iraq, many with long experience in U.S. na- sacrifices will be. it was not to save America from any tional security issues remain uncon- f danger, imminent or otherwise.’’ vinced by the arguments for a unilat- Many conservative leaders and col- THE WAR IN IRAQ eral invasion of Iraq. Unilateral wars umnists were against this war from the Mr. DUNCAN. Mr. Speaker, I ask designed to bring about regime change beginning because it went against al- unanimous consent to assume the time and a long-term occupation should be most every traditional conservative of the gentleman from Indiana (Mr. undertaken only when a nation’s exist- position and there was nothing con- BURTON). ence is clearly at stake.’’ The SPEAKER pro tempore. Is there Many other conservative columnists, servative about this war. objection to the request of the gen- such as Doug Bandow, Pat Buchanan, The traditional conservative position tleman from Tennessee? Joseph Sobran, Steven Chapman, the was stated many years ago by Senator There was no objection. late Sam Francis, and many others, Robert Taft who said, ‘‘No foreign pol- The SPEAKER pro tempore. Under a wrote columns opposing this war before icy can be justified except a policy de- previous order of the House, the gen- it started. voted to the protection of the Amer- tleman from Tennessee (Mr. DUNCAN) is Later, William F. Buckley said if he ican people, with war only as the last recognized for 5 minutes. had known in 2002 what he knew then, resort and only to preserve that lib- Mr. DUNCAN. Mr. Speaker, in Au- in 2004, he would have opposed the war. erty.’’ gust of 2002, 2 months before Congress Lewis Lapham, writing in Harper’s f voted for the war in Iraq, Dick Armey, Magazine, before the war, said, ‘‘the OUR ECONOMIC PROSPECTS then our Republican majority leader, Iraqi Army, never formidable, is less gave a speech in Des Moines, Iowa. He dangerous now than when it was routed The SPEAKER pro tempore. Under a said, ‘‘I don’t believe America will jus- in the 4 days of the Gulf War, Iraqi Air previous order of the House, the gentle- tifiably make an unprovoked attack on Force of no consequence, the civilian woman from New York (Mrs. MALONEY) another nation. It would not be con- economy too impoverished.’’ is recognized for 5 minutes. sistent with what we have been as a U.S. News and World Report in Octo- Mrs. MALONEY. Mr. Speaker, data Nation.’’ ber of 2002, before the war, carried a released Monday on productivity and The very popular conservative col- lengthy article entitled ‘‘Why War, wages show why the American people umnist, Charley Reese wrote, before Why Now?’’ and said, ‘‘Many question do not believe President Bush when he the war, that it was ‘‘ludicrous’’ to be- the rush to attack.’’ says our economic prospects are bright lieve Iraq was any kind of threat to us. Fortune Magazine, long before the and improving. Mr. Reese added, ‘‘This is a prescrip- war, carried an article entitled ‘‘Iraq, Yes, productivity is strong, and the tion for the decline and fall of the We Win. What then?’’ The article said a economy is growing. But the benefits American Empire. Overextension, ‘‘military victory could turn into a of that growth are showing up in the urged by a bunch of rabid intellectuals strategic defeat’’ and that an American bottom lines of companies, not in the who wouldn’t know one end of a gun occupation would be ‘‘prolonged and paychecks of American workers. from another has doomed many an em- expensive,’’ and ‘‘could turn U.S. While productivity grew at a 4.7 per- pire. Just let the United States try to troops into sitting ducks for Islamic cent annual rate in the third quarter, occupy the Middle East,’’ Mr. Reese terrorists.’’ workers’ pay, including benefits, said, ‘‘which will be the practical re- When they found out I was against shrank at a 1.4 percent rate. Let me re- sult of a war against Iraq, and Ameri- the war, the White House had me and peat that important point. Workers’ cans will be bled dry by the costs both five other members down for a briefing pay shrank by 1.4 percent. in blood and treasure.’’ by then National Security Advisor Americans are working harder and The conservative columnist, Paul Condoleezza Rice, George Tenet and producing more, but they are getting Craig Roberts, Assistant Secretary of John McLaughlin, the two top people paid less. the Treasury under President Reagan in the CIA. President Bush is seizing on some re- wrote, before the war, that a ‘‘U.S. in- I asked how much Saddam Hussein’s cent favorable economic indicators to vasion of Iraq is the beginning of World military budget was in comparison to claim that the Nation’s economic out- War IV.’’ He considered the Cold War ours. I was told a little over 2/10 of 1 look is brighter than we have seen re- as World War III. percent. cently. I certainly wish that that were Mr. Roberts added that going to war I asked if you could get by the tradi- true for most Americans. The typical in Iraq ‘‘will not solve the Israeli- tional conservative positions of being American family has a very different

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27819 view because they know that they are We also have the largest trade deficit House today, I had the privilege of still being left behind in the current in the history of this country, of over joining the President for that address, economic recovery. $670 billion. and there he described his strategy for When I listen to the President recite b 1645 victory. the numbers he thinks show Americans And let me say that while there have are doing better, I am reminded of his As Federal Reserve Chairman Green- been sometimes loud and cacophonous speech in the Rose Garden several days span and many other economists re- debates on this floor about the need for after Katrina struck the Gulf Coast, peatedly noted, our exploding deficits a plan or the lack of a plan, what is when he recited the numbers of trucks, and debt are long-term structural prob- available today, Mr. Speaker, at white- pounds of rice and the National lems that are rapidly getting worse. house.gov for all Americans to examine Guardsmen he had ordered to New Or- Only last week he repeated that warn- is a recently declassified version of leans. Meanwhile, anyone with a TV ing: ‘‘In the end, the consequences for what has always been the plan. It is, in set would see that Americans were still the U.S. economy of doing nothing effect, a three-track approach that in- desperately struggling to survive with could be severe,’’ and our allies have volves political, military, and eco- absolutely no Federal help. called our deficits ‘‘unsustainable’’ nomic initiatives to achieve a free and The President seems equally out of even as we continue to increase the stable and democratic Iraq, and we are touch on the economy. Ask your con- amount of U.S. debt held by China and winning in this cause. other Asian nations. stituents how they are doing. Ask them With less than 7 days to go before the if they have a secure job with benefits. As Chairman Greenspan also warned re- Iraqi people will engage in parliamen- Ask them if they are confident that cently, ‘‘at some point, foreign investors will tary elections, I am delighted to report they will have a job until they are balk at further financing’’ the growing U.S. def- to the Members and any looking on ready to retire. Ask them if they think icit. that the American people, the people in their children will have a job when Thanks to the economic policies of this Ad- Indiana that I serve, will be proud to they graduate from college. ministration, our national debt now stands at hear what I have heard, to see what I In fact, a closer look at the numbers $8.3 trillion. That translates into over $27 thou- have seen in my three different trips to show that the administration has run a sand of debt for every man, woman and child Operation Iraqi Freedom, and they too strong economy into the ground. Here in the country. would conclude inexorably that we are are the facts. Under the Bush presi- What is this Administration doing about this winning the war in Iraq. dency, the economy has experienced crisis? On the military front, as General the most protracted job slump in the They have increased the debt ceiling three Casey described today, over 200,000 postwar era. That is the worst record of times. Iraqis have been trained and equipped, any president since Hoover and the They have pushed for deficit-raising tax cuts both military and police personnel. For Great Depression. for the very wealthiest while refusing to give the national elections that took place The unemployment rate is nearly 1 tax relief to the middle class. earlier this year, there were 80,000 percentage point higher than it was This Administration is continuing to set fewer Iraqis in uniform. Today there is when President Bush took office. That records for debts and deficits while turning its one full Iraqi division, four Iraqi bri- is a 25 percent increase from where it back on working Americans. gades, four Iraqi battalions that are was in the Clinton administration. f leading the fight in places like Najaf, Over 1.6 million more people are un- WE ARE WINNING THE WAR AND Karbala, the dangerous road to the air- employed. Twice as many people are WINNING THE PEACE IN IRAQ port in Baghdad, in Tikrit. In one city long-term unemployed. Most people are after another, these Iraqi military per- actually earning less. The typical Mr. PENCE. Mr. Speaker, I ask unan- sonnel are on the point. They are lead- worker’s earnings have barely kept up imous consent to claim the time of the ing the fight, along with 160,000 Amer- with inflation under President Bush, gentleman from Texas (Mr. PAUL). ican military personnel. and real wages have been declining re- The SPEAKER pro tempore. Is there cently. objection to the request of the gen- And the Iraqi people themselves are Under President Bush, real median tleman from Indiana? becoming more involved in advancing household income is down $1,700, and There was no objection. their own security and stability. Here 5.4 million more Americans live in pov- The SPEAKER pro tempore. Under a is an interesting fact, Mr. Speaker, erty. That is the greatest decline in previous order of the House, the gen- that I just learned today: in March of real household income and the second tleman from Indiana (Mr. PENCE) is this year, there were essentially 400 largest increase in the poverty rate of recognized for 5 minutes. tips by Iraqis of insurgent activities, the last nine administrations. The Mr. PENCE. Mr. Speaker, despite tips made to U.S. and coalition forces. most vulnerable among us are being hit what many Americans may see on In the month of November, we logged the hardest. Under President Bush, real cable television networks over the last more than 4,700 tips from regular and median family income has fallen for several months, as I learned again ordinary Iraqis. The people of Iraq are each fifth of the income distribution, today in a meeting with the President partnering in their own security and in but the largest decline has been in the of the United States; the Secretary of their own freedom, and that 10-fold in- poorest fifth of the distribution. Defense; with General Casey, the four- crease of that partnership speaks for Because of the reckless economic star general in charge of Operation itself. policies of this administration, large Iraqi Freedom, through a satellite link, On the economic front, we have seen projected budget surpluses have been Mr. Speaker, we are winning the war in 30,000 new businesses. And GNP per turned into large actual deficits and Iraq. And 7 days from today in the capita in the last year has more than the Federal debt is ballooning, rather midst of an ongoing victory for the doubled in Iraq for ordinary Iraqis. It is than shrinking as it was at the end of freedom of tens of millions of Iraqi peo- an extraordinary record of success. the Clinton administration. ple, we will once again see the people Politically, we have around the cor- And here we see the numbers in blue of Iraq use the freedom won by the ner parliamentary elections; and as we of the surpluses during the Clinton American soldier in forming their own speak, Mr. Speaker, there are 327 polit- years. Yet when the Bush Administra- government and adopting parliamen- ical entities, or as we might call them, tion came to power, that surplus dis- tary elections. parties or organizations, and 7,000 can- appeared and we have had ever increas- The ongoing victory in Iraq was de- didates that will be answering the call ing deficits reaching the highest deficit scribed by the President at a speech of millions of Iraqis who will put them- recorded in our history of over $412 bil- just 1 week ago at the Naval Academy selves, as 8.5 million Iraqis did in Janu- lion. It has come down to $319 billion, in Annapolis, Maryland; and like the ary of this year, in harm’s way to exer- but it is still a structural problem. meeting that I attended at the White cise their own freedom.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27820 CONGRESSIONAL RECORD—HOUSE December 8, 2005 It is my fondest hope, Mr. Speaker, And I just want to say to Bishop When we are finding all this money to that when the President of the United Griswold and the Anglican Church in balance our budget, Cal Thomas says: States comes into this well on January the United States of America and the ‘‘Here’s a suggestion: Don’t start with 31 of 2006 that maybe in this Chamber, other denominations that are there, the poor. Start with the rich.’’ in a seat in this Chamber, might be a Dr. Kirkpatrick of the Presbyterian We passed an energy bill several legislative leader, or two, of the newly Church; Reverend Thomas, general months ago out of this Chamber that elected Iraqi Parliament. minister and president of the United had $16 billion in subsidies for the en- I have been to Operation Iraqi Free- Church of Christ; Mr. James Winkler, ergy companies and the oil companies, dom three times. I have sat even today general secretary, Board of Church and the most profitable industries today. with our military commanders and the Society for the United Methodist This Congress took your tax money President of the United States. As we Church, thank you for speaking out that you send to Washington and gave go into this weekend, let the word go against this. it to the oil companies to basically forth from here: we are winning the Because in this day and age, morality subsidize and increase their profits. war and winning the peace in Iraq. and values have been such a strong There is something wrong with that. f topic of conversation in the United And the 30-Something Working States, I want to commend these folks Group is here and we will have charts 30-SOMETHING WORKING GROUP: for stepping out front and saying that later, talking about some of our ideas TAX CUTS AND THE BUDGET this budget and tax cuts for the rich that we have and some of the ideas The SPEAKER pro tempore. Under while we are cutting food stamps; free that Leader PELOSI has and the Demo- the Speaker’s announced policy of Jan- and reduced lunch; child support en- cratic Party has and what direction we uary 4, 2005, the gentleman from Ohio forcement payments; money for col- want to move this country in. And we (Mr. RYAN) is recognized for 60 minutes lege, Pell grants; cutting those pro- believe that what is going on here is as the designee of the minority leader. grams and then giving tax cuts to the not only contrary to what we believe Mr. RYAN of Ohio. Mr. Speaker, I ap- wealthiest people in the country is in, but also contrary to what the Amer- preciate the opportunity to be on the something that goes in direct con- ican people believe in. We should now House floor here tonight with my good tradiction to what they are trying to be making investments in education. I friend from Florida (Mr. MEEK) to con- teach. mean, why would we give millionaires tinue our discussion that we have been And if I could just take a minute or a tax cut and not have enough money having with the American people and two to read some of these comments to actually heat homes in the wealthi- with Members of Congress from all into the RECORD, if my friend does not est country in the entire world? over the country the past few months mind: And I know my friend from Florida and even few years. The church leaders declare: ‘‘At each wants to get in here and talk a little Today, Mr. Speaker, the Republican- stage of the complicated legislative bit. But just today, this just happened, led Congress has once again taken a process, we have viewed the budget we were cutting taxes to the tune of $80 step in a direction that I think moved through the lens of faith and our val- billion over the next 10 years. At the it and this Congress away from main- ues and found it wanting. Now we ask same time a few weeks ago, we were stream America. that it be defeated once and for all.’ cutting food stamps and increasing the Today, the majority has passed an- ‘‘Despite the exposure of poverty in cost of college tuition. other wealthy-focused tax cut in which the U.S. revealed in the aftermath of Mr. Speaker, I yield to the gentleman $60 billion, up to $80 billion, over the Hurricanes Katrina and Rita, the state- from Florida (Mr. MEEK). next 10 years will be spent subsidizing ment says, ‘Congress continues to Mr. MEEK of Florida. Mr. Speaker, I the wealth of the people in this coun- make decisions which benefit the rich am so glad that Mr. RYAN set the pace try who make millions and billions of but are paid for by the poor and most here and he laid the foundation for con- dollars, an average tax break of $32,000 vulnerable in our land.’ tinuing our discussion as it relates to to wealthy millionaires who have al- ‘‘The leaders criticized the budget’s responsibility. I can tell the Members ready received more than $103,000 in potential compromises which would the ideas that we had here on this floor tax cuts. More than half the taxpayers cut funding for food stamps, heating as it relates to sensible tax policy that making less than $100,000 a year will subsidies, Medicaid, and child support will not drive us further into debt. receive less than $30 back from this tax enforcement. What happened today on the floor, cut. This is a tax cut that has clearly ‘‘They will seek to find compromise not because of our votes, but because of been focused on the wealthy Ameri- where there should be no compromise, the majority vote, the Republican ma- cans. that is, with the lives and future of the jority, they took this country further And coincidentally enough, a couple poor of this country.’ into debt. of weeks ago, our friends, our good ‘‘They asked that Congress reflect friends on the Republican side, have during the season of Advent, reject the b 1700 said that they passed a budget deficit budget and join with the President to They made it so we are going to have reduction package which made cuts of craft a budget that will reflect ‘our Na- to change our board here, because we $50 billion; and then they passed a tax tion’s historic concern for justice and are going to be borrowing more money cut which took away $80 billion, which the least among us.’ ’’ from foreign countries, Mr. Speaker, is a negative $30 billion deficit in the This is not TIM RYAN. This is not because of the deficit. hole. Only in Washington is that deficit KENDRICK MEEK. This is not the 30- I will say this again. President Bush, reduction. something Working Group. This is a with the Republican majority, I guar- And before we get going here, I want group of bishops and church leaders all antee you he could not do it by himself to just share and read into the RECORD, over the country who have stepped out without the Republican majority here if my friend does not mind, a letter front and stated that cutting taxes for in this House, has borrowed a record- that was sent, and I know I received the wealthiest people in our country breaking, mind-boggling $1.05 trillion one of these and a statement on behalf and doing it on the backs of the poor- in the last 4 years, more than 42 Presi- of several religious organizations. est among us is not consistent with the dents prior to the President taking of- Bishop Frank Griswold of the Epis- values that they teach in their church- fice. copal, Anglican, Church USA, together es every week. 42 Presidents, Republican and Demo- with leaders of four other mainline de- Here is Cal Thomas. Cal Thomas is crat. Some of the gentlemen here on nominations, has called on the United one of the most conservative col- this board were once members of the States Congress to defeat the 2006 Fed- umnists. I do not even know if he is a Whig Party. But I can tell you they eral budget once and for all because it Republican, but he is a conservative were only able to achieve borrowing betrays the poor. columnist with the Washington Times. from foreign nations $1.01 trillion over

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Do we need ethics training? with substance abuse, they have to Well, I can tell you, Members of the I think we need to be reminded of that, first say they have a problem for them Congress, that I am very, very con- because as I said last night, Mr. Speak- to even get on the road of recovery. cerned. We used to have a discussion er, 33 percent of Americans feel that we I talked last night about the fact about future generations and putting are doing the right thing here in Wash- that how can you operate a govern- the burden on their back. We are put- ington, D.C. ment in a fiscal way, in a responsible ting the burden on this generation’s I saw a poll today that said 28 per- way, in a way that Democrats, Repub- back. It is going to cost more for kids cent of Americans agree with what we licans, independents and other party to go to school. It is going to cost more are doing. members would like for their govern- for parents to send their children to Ms. WASSERMAN SCHULTZ. I want ment to function in this democracy; school. It is going to cost more for to ask you another question. Do you how can you do it under a culture of those young Americans that would like need ethics training to tell you that corruption, cronyism and incom- to educate themselves to be able to you should not take bribes? Do you petence. You just cannot do it. save enough money to be able to go to need ethics training that tells you that This is not the 30-something Working college, because we cut it by $14.3 bil- you should not circumvent State law Group report, this is not your report, it lion. and provide fund-raising assistance and is not my report. It is what the Amer- So I think it is important that we direct contributions to candidates for ican people know, and that is what peo- take all of this into account. But what State office? ple are reporting about, and we have I would also like to say, Mr. Speaker, Mr. MEEK of Florida. I just want to all of these investigations going on. in my opening comments, I cannot help say that it is alleged activity. Mr. RYAN of Ohio. Let us break this but commend our Democratic leader Ms. WASSERMAN SCHULTZ. I was down. If people are saying that Mem- for her privileged resolution here just asking a question. bers are doing things or former Mem- today, outlining a culture of corrup- Mr. MEEK of Florida. It is impor- bers, I want to correct myself, former tion and cronyism and incompetence in tant. Anytime anyone can get informa- Members were doing things that would Washington, D.C. tion between right and wrong, I think cost the government money or would I think it is important that we say it is good. I think it is good. I think it spend money that otherwise would not that out loud so that individuals un- is good that we have this discussion. be spent, that is a problem. derstand that we must not only police But we need action. And I think we have to look no fur- ourselves in how we conduct business, The gentleman from Massachusetts ther than the Medicare prescription but what we are doing when we have (Mr. DELAHUNT) had a colloquy with a drug bill that came out of this Con- investigations, unprecedented here in Member on the other side talking gress. We were told the night at 3 in this Congress and investigations over about the war in Iraq and the kind of the morning, when we were voting, in the White House, dealing with na- action that we have to take as it re- that this bill was going to cost $400 bil- tional security breaches. It is impor- lates to the corruption and cronyism lion. We find out later that the actual tant that we make sure that the Amer- and incompetence in contracting. cost of the bill is $700 billion, $300 bil- ican people know exactly what is going He said that it was important, and he lion more; and there is nothing in the on and that we take appropriate action yielded to this distinguished Member bill to reduce the cost of prescription in a bipartisan way. Right now we are not taking any ac- of this House. And he said, yes, we drugs. The Democrats, I know you remem- tion. There is discussion about action. should have a discussion on it. Mr. And I just want to commend the gen- DELAHUNT reclaimed his time and said, ber this, the Democrats wanted to put tlewoman from Florida (Ms. no, we should not have discussion on it, a provision in the bill that would have we should have action on it, because allowed the Secretary of Health and WASSERMAN SCHULTZ) and the Speaker about having ethics training here in that is what the American people want. Human Services to negotiate down the the House. I just wanted to say that. And I think it is important that we drug prices on behalf of the Medicare That is something. That is something. get to the bottom of it. I think it is im- recipients, so the Secretary of HHS That is better than what we had yes- portant. We have to. We must get to would go to Merck and Pfizer and some terday. the bottom of it. It is important that of these other big drug companies and Ms. WASSERMAN SCHULTZ. Do you we start taking steps in a bipartisan say, you know, if you want the Medi- need any ethics training? You and I way. care prescription drug contract, we served in the Florida house of rep- Now, I am going to tell you that the need to sit down and talk price. resentatives together, in the Florida Democratic leader brought up a privi- And not only did our friends on the senate together, now we serve in the leged resolution today that basically Republican side not put that provision United States Congress. You know, the talked about the spirit of the rules of in, put the Democratic provision in ethics training I got began in kinder- the House being violated, talked about there, they actual explicitly put in the garten when my mom and dad taught the fact that we had issues here of bill that the Secretary of Health and me right from wrong. former Members that served in this Human Services is not allowed to nego- I have had ethics training my entire Congress and the previous Congress, in tiate down the drug prices. life. It is not understandable to me why the 108th Congress, that were a part of The Democrats also with what we we would need and why there are some not only questionable, illegal activi- thought was a $400 billion Medicare Members in this body that appear to ties. prescription drug bill that ended up need it. Mr. RYAN of Ohio. Allegedly. being, months and months later the Mr. MEEK of Florida. Well, let me Mr. MEEK of Florida. No. Some have truth came out, over a $700 billion bill, just say this, and I say this is some- left and have pled. Forget about a trial. we also wanted to allow, the Demo- thing that I have read in the paper They have said, oh, I am guilty. So cratic Caucus wanted to put in a provi- today, and I am pretty sure some sort that is not an issue. Some of it is al- sion that would allow for reimporta- of memo is going to come out on it: leged, ongoing now; but some of it is tion from Canada and some of the when you are in a culture of corruption actually proven. So that means that we other G–7 countries to drive down the and cronyism and incompetence, you have a lot of work to do in a bipartisan costs of prescription drugs here in the have to start, I guess, somewhere. way. And I am going to be honest. United States, to basically free-trade Apparently, Federal prosecutors and Like it or not, Mr. Speaker, I am pharmaceuticals with countries who other investigating bodies here in this glad that this Speaker took some steps have the proper health and safety

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27822 CONGRESSIONAL RECORD—HOUSE December 8, 2005 standards like we have here in the President has borrowed from foreign Mr. MEEK of Florida. That is what I United States of America. That was interests in the past 224 years? was going to say. I think it is impor- not allowed in the bill, Mr. Speaker. Mr. MEEK of Florida. $1.05 trillion. tant we talk about this all the time. So two basic provisions that would Mr. RYAN of Ohio. 1.05 trillion we We work on this as a working group. I have saved the taxpayer billions of dol- have borrowed from foreign interests in think it is important that the Amer- lars were not put in because it would the last 4 years. ican people understand that we have a have maybe hurt the profits of the drug Mr. MEEK of Florida. When you say war going on, we have a war going on, companies. And the drug companies foreign interests, who are they? that we still have people that are delu- Mr. RYAN of Ohio. The Chinese Gov- raised millions and millions and mil- sional as it relates to our commitment, ernment. The Japanese Government. lions of dollars for our friends on the our financial commitments, Mr. Speak- The House of Saud in Saudi Arabia. I Republican side. Now the average er, to what we have to do. And I think mean, we are borrowing money from American is left to put two and two to- it is important that people understand, China. I do not even want to get into gether. the whole manufacturing and the rise Mr. Speaker, that if we are going to Mr. MEEK of Florida. I ask the gen- of China and the competition that we talk about the strategy in Iraq and Af- tleman from Ohio (Mr. RYAN), who have right now. ghanistan, it is important that we have would be happy tonight, based on the Mr. MEEK of Florida. And the U.S. a serious discussion on how we are passage of the bill that passed today? workers are training people to replace going to be fiscally responsible in mak- Who would be happy? them. ing sure that we do not have more and Mr. RYAN of Ohio. There are a lot of Mr. RYAN of Ohio. It is a real issue. more and more money being spent in people who make more than a million So we are borrowing money from a an irresponsible way and giving it dollars a year or a few hundred thou- country that we are in direct competi- away. sand dollars a year that are going to be tion with. They are taking billions and Mr. RYAN of Ohio. Mr. Speaker, I very happy with what we did here billions of dollars of investment that is yield back my time to the gentle- today. coming from the United States and woman from Florida (Ms. WASSERMAN Mr. MEEK of Florida. You mean going into China, whether it is Delphi SCHULTZ) as I have to step off the floor what the majority did? that has filed bankruptcy, General Mo- for a moment. Mr. RYAN of Ohio. What the Repub- tors which has significant investment The SPEAKER pro tempore (Mr. lican Party did today was make a lot of in China now, Ford just announced POE). The gentleman yields back his rich people very happy. That is the an- that they are going to cut 30,000 jobs in time. swer. 10 plants in the United States. And we Under the Speaker’s announced pol- Mr. MEEK of Florida. I would also are borrowing money from the country icy of January 4, 2005, the gentlewoman add corporations that have influence that they are making the investment from Florida (Ms. WASSERMAN and power. What is it, K Street? in? SCHULTZ) is recognized for the remain- Mr. RYAN of Ohio. Shakedown Now, China is not in a bad position der of the minority leader’s hour. Street. right now. Check it out. I mean, they Ms. WASSERMAN SCHULTZ. Mr. Mr. MEEK of Florida. I thought so. are getting investments from Delphi, Mr. RYAN of Ohio. I got this chart General Motors, General Electric and Speaker, just to piggyback on what the here. This is the end result. This blue Ford and a lot of the automakers; and gentleman from Florida (Mr. MEEK) is the Clinton-era budget deficits that at the same time they are loaning us was saying, when we are talking about by 1997 started turning into surpluses; money that we are paying them inter- the costs and the impact of the deci- and by the time President Clinton left, est on. sions that the Republican leadership is $128 billion surplus. And that was all Mr. MEEK of Florida. A piece of the making in this country, let me just based on the 1993 vote that was passed, American pie. highlight for a few minutes exactly the budget in 1993 without one Repub- Mr. RYAN of Ohio. A big piece of the what this tax cut package that passed lican vote. American pie. And I think we were off this floor today is really going to Now, these are just the facts. I am talking the other day, it is over $300 mean for Americans. not making this up. This is not a par- billion a year this country pays just in We have given yet another round of tisan statement; it is just the facts. interest payments on the debt. tax breaks to our wealthiest Ameri- Mr. MEEK of Florida. I want to go The average American, the average cans. Now, when you hear the term further. It is from the Congressional Member of Congress is not paying at- ‘‘wealthiest Americans,’’ there is a lot Budget Office. I mean, I just want to tention to our $8 trillion debt that we of different ways that people might make sure that is clear. have. That means $27,000 per American think of that. What we are talking Mr. RYAN of Ohio. This is the Con- citizen. So if a baby is born today, I about when we are referring to the gressional Budget Office. $128 billion had a nephew that was born a couple of wealthiest Americans is the top two- surplus in 2001 due to the fiscal poli- months ago, 9 weeks ago tomorrow. tenths of 1 percent of the wealthiest cies, the fiscal restraint, the fiscal dis- That young man, Nicholas John Ryan, Americans in this country, people who cipline that the Democratic Party had owes $27,000 to his government, and are making more than a million dollars at that point. this young man is 9 weeks old. a year. But check out when Mr. Bush and the The gentleman from Florida (Mr. The Republican bill that we have Republican House and the Republican MEEK) and the gentlewoman from Flor- passed off this floor today will raise Senate started getting in charge here, ida (Ms. WASSERMAN SCHULTZ), the gen- taxes on more than 17 million middle tleman from Massachusetts (Mr. DELA- we have a $323 billion budget deficit class families by as much as $3,640, HUNT), they each owe $27,000 to the going into 2006, and we are borrowing while millionaires would get tax cuts United States Government because of the money from foreign interests. of as much as $32,000. These tax breaks the reckless spending that we have. So, We are borrowing the money to pay for the wealthy few will be paid for di- you know, we have really got to get for these deficits from the Chinese, the rectly through the spending cuts that our house in order. We need to balance Japanese, and the Saudi Arabians to we passed a couple of weeks ago in the the budget. Budget Reconciliation Act that we just plug this deficit hole. And we are try- Ladies and gentlemen, Members of adopted. ing, Democrats are trying, to say, why Congress, my friends from Florida, you would you give $80 billion in tax cuts just cannot do it by giving away $80 We are talking about budget cuts to the wealthiest people in the country billion to the wealthiest people in the that impact people who need child sup- when we are already running a $323 bil- country in the form of a tax cut. port enforcement. We are talking about lion deficit in 2006, we already have food stamps that provide school lunch borrowed $1 trillion from foreign inter- b 1715 funding for thousands and thousands of ests in the last 4 years, more than any We also have two wars going on. children across this country, both

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27823 school lunch and school breakfast fund- about cronyism. The cronyism that ex- Julie Myers was nominated to be As- ing. We are talking about cuts in finan- ists in this administration is just abso- sistant Secretary of the United States cial aid. We are talking about cuts to lutely rampant. It runs deep. It is not Immigration and Customs Enforcement programs for senior citizens, for chil- occasional. It is not an anomaly. You Agency. The responsibilities in that job dren, for rural families. have example after example. were that she would have been in The Republican leadership here, Mr. Let us take Michael Brown, for ex- charge of the second largest investiga- Speaker, has pushed a tax bill and ample, who was formerly the director tive agency in the Federal Government adopted a tax bill on this floor that of FEMA. Not only was he absolutely with over 20,000 employees, including will increase the deficit by $81 billion, unqualified for the job and had little to 6,000 investigators and an annual budg- $81 billion because when I do the math, no emergency preparedness or disaster et of more than $4 billion. and I spend quite a bit of time doing response training or professional expe- The U.S. Immigration and Customs first grade math with my first graders rience before taking the job at FEMA Enforcement, ICE, is comprised of five at home, I see this as pretty simple and being offered the job at FEMA, divisions that form a 21st century law math. If you have $50 billion in budget what his specific qualifications were enforcement agency. It is an agency cuts and you try to call the Budget prior to becoming FEMA director was that my office at home contacts every Reconciliation Act, the Budget Deficit to be head of the Arabian, excuse me. day to help people with their immigra- Reduction Act, which is an obvious Let us give credit where credit is due. tion problems. misnomer when you hear what I am He was head of a national organization. Her resume includes that she is cur- going to describe next; and then 2 The National Arabian Horse Associa- rently a special assistant handling per- weeks later you pass a tax cut package tion. sonnel issues for President Bush. She that adds $70 billion in tax cuts, well, I am not sure what type of emer- was, of course, recently married to the the difference is another $20 billion on gencies or disasters occur with Arabian chief of staff to Michael Chertoff, Sec- the deficit. horses, but there does not seem to be retary Chertoff of the Department of I mean, that is just unbelievable that much of a nexus between that type of Homeland Security. She is the niece of the Republican leadership here would experience and the type of experience General Richard Myers, the Chairman have the nerve to call this bill from 2 that you need to run the largest dis- of the Joint Chiefs of Staff. I am not weeks ago a Budget Deficit Reduction aster response and preparedness orga- sure what qualifications she has for a Act. And to add insult to injury, the nization in the country. job of that size and scope. Her only pre- kind of money that we are talking An organization where the director is vious experience was that of being a about, the kind of fiscal impact that expected after a disaster to have the special assistant handling personnel we are talking about, really boils down command of every agency at his finger- issues. I do not really see the nexus or to a direct impact on individual Ameri- tips, to be able to direct each of those the connection from that job to the job cans. Every newborn that is born as I agencies in a particular direction to re- that she was nominated for as the head am speaking owes $27,000 that adds up spond as quickly as possible. Yet, not of an immigration division. to the $8 trillion deficit that we have in even that was possible after Katrina Right now, basically, even Repub- this country. We have difference in terms of our because, unfortunately, FEMA has lican Senator VOINOVICH told Ms. views on what is considered fiscal re- been brought under the Department of Myers at her nomination hearing that sponsibility. Obviously, there are dif- Homeland Security and is no longer an he would really like to have Secretary ferences of opinion when it comes to independent agency directly respon- Chertoff spend some time with the the approach that Democrats and Re- sible to the President with an inde- committee, telling them personally publicans take. But layered on top of pendent secretary. why he felt Ms. Myers was qualified for those differences is the culture of cor- Now we have so many layers of bu- the job because he said, based on your ruption and cronyism that exists in reaucracy in the Department of Home- resume, I do not think you are. this country and in this Congress and land Security that by the time the Let us move on to David Safavian, if in this administration. Just over the FEMA director’s request gets all the we are going to continue the examples last several months we have had de- way up the food chain, many lives have of the culture of corruption and cro- tails of that. I mean, we have layer been harmed, a lot more damage has nyism here. Let us continue in the cro- upon layer of cronyism, of corruption occurred. And if there is any organiza- nyism theme. David Safavian was the and of incompetence. To me it smacks tion that needs to be lean and clean administrator of the Office of Federal of incompetence when you continue to and responsive in this government, it is Procurement Policy in OMB. His re- pass tax cuts and budget cuts and bal- FEMA. And we have, unfortunately, sponsibilities included being in charge loon the deficit bigger and bigger and hamstrung FEMA and FEMA’s director of a $300 billion budget and ensuring bigger. I mean, we are not going in the to such a degree that we have seen the fair competition for Federal contracts. right direction here. There should not results after Katrina to that disaster His job also included setting the pro- be any delusions that we have reduced and the disaster response. curement policies for the Office of the deficit in any action we have taken We saw the nightmare traffic jams Management and Budget, including in the last several weeks. when the folks in Texas and the west- funding for Hurricane Katrina efforts. Then you add that to the fact that we ern part of the gulf coast tried to get Let us detail some of his experience. had a nightmarish, disastrous response out of their homes and community on He is currently out on bail after being to Hurricane Katrina. The aftermath of the roads to get away from Rita poten- arrested and charged with obstructing Hurricane Katrina was clearly the re- tially. And then in my home State, the criminal investigation into in- sult of indifference. There was an op- when Wilma hit 2 months after dicted Republican lobbyist Jack portunity in the previous fiscal year Katrina, one would think that after Abramoff. He is also married to Jen- before Katrina hit the Gulf Coast re- Katrina hit that maybe a couple of les- nifer Safavian, who is also a person gion to put the money and keep the sons would have been learned and we who has numerous ties and connections money in the budget, to fund the levees would not be repeating the same mis- to Republican leadership. That also in- in New Orleans and the administration takes. Yet, even today we still have cludes lobbying partnerships with the took it out. They took that funding victims of Wilma in South Florida who likes of Grover Norquist and Jack out. So where it was possible to stave are without housing, who are not even Abramoff. off the disaster that struck New Orle- in temporary housing, who are still in I could go on, Mr. Speaker, but that ans, instead the administration put tax shelters. That is the type of person we is just a smattering of examples of peo- breaks for the wealthy as a higher pri- put in charge of an agency that has ple who were appointed or recruited or ority. that much responsibility. nominated for major positions within Let us move on to, we have covered Let us look at Julie Myers as we con- the administration with not so major incompetence briefly, now we can talk tinue on with the subject of cronyism. qualifications.

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One has only to look back to proposals here, very specific goals that viously a representative body and there when I was 3 years old in 1969 and we need to be achieved in order for Amer- are going to be instances of ethical put the first man on the Moon. That ica to push forward in the 21st century. lapses. We are all human and that does was something at the time that no one It does not happen with the same old occur, especially in a representative thought possible. I heard my parents rhetoric of the supply side voodoo eco- body the size of this one. But when you and I heard Leader PELOSI talk about it nomics. It is just not working. get to the size and scope and propor- just the other morning where it was so Last night, you know how you get on tion of ethical lapses and of corrupt ac- foreign a concept, something com- your computer and you just start float- tivity or at least people who have been pletely unfathomable to my parents’ ing around, and God knows where you accused of that corrupt activity, it be- generation, not something that they end up. We got out of here late, and I comes deeply, deeply troubling. ever thought possible; and yet when could not fall asleep. So I got on my We have a former Member, only re- President Kennedy talked about it, I computer and I was floating around, cently former as of last week, who ad- think it was accomplished in 9 years. and I got into some space stuff from mitted guilt to bribery. I mean, this is America was previously a country the space program. Then I made my a person who was a ranking member on that the rest of the world looked to as way to the space speech that President an appropriations subcommittee in this innovators; and now because of the di- Kennedy gave in Houston in the early body, and someone who absolutely vio- rection that this Republican leadership 1960s; and I tell you what, they have lated the trust of his constituents and and the Republican administration the audio version which is very cool. If the trust of the American people. have taken us in, the anvil of Wash- any American wants to think about I know we have other Members in ington has stagnated our ability to be this Chamber, in this body, who have where we should be and the kind of innovators. leadership that they deserve from us, been accused of ethical wrongdoing, What we have done is we took a proc- and there have been quite a few of they just need to read that speech or ess and went outside of Washington. listen to that speech. That was about those who have been accused of ethical We went to the technological centers wrongdoing in the administration as just taking things to the next level. across the country and sat with CEOs Ms. WASSERMAN SCHULTZ. We well. and the leaders of technological com- The bottom line, Mr. Speaker, is that should put it on our Web site. panies across the country and asked America deserves better. We can work Mr. RYAN of Ohio. We should put it them what they think. Let me just together and give America a better on our Web site, and I think we will give you a few examples of the type of government, a government that stands have to do that. leadership and the differences and the up for those who cannot stand up for It was about here is the vision, here changes that have occurred. themselves. A government who under- America now ranks 16th in the world is why and here is why it is our call at stands that we are not all of the prob- in broadband penetration. That is the this moment in history; and I think lem and we can be part of the solution difference between when I was a child when you talk about something like to the problems in America and to the in 1969 and where we are today. Amer- broadband, you talk about alternative problems in people’s individual lives. ica ranks 16th in broadband penetra- energy sources, you talk about re- b 1730 tion, broadband subscribers per 100 in- search and development, whether it is into the human mind or the human ge- That is unfortunately not what it ap- habitants on January 1, 2005. You look nome or whatever it may be. It is pears are the priorities that are shared at the countries, we are not at the top. about setting these lofty goals for our by the Republican leadership in this in- Korea is at the top. Hong Kong and country, not to go shopping, which is stitution or in the administration. China are at the top. Iceland is doing the great call from this administra- We have got to move this country in better than we are in terms of tion. a new direction, Mr. Speaker. We have broadband penetration. What happened an agenda on the Democratic side that to America leading the way on innova- Ms. WASSERMAN SCHULTZ. Mr. would do just that. I want to spend a tion? We are 16th in penetration. Speaker, the other place that we are few minutes talking about that agenda. We have an agenda that would lagging behind is global education This is the 30-something Working change that. We have an agenda that standards. I was shocked to learn that Group, and in the 30-something Work- would put broadband access in every the difference in the number of stu- ing Group, one of the things that we household in 5 years. That is a goal dents who graduate with an engineer- try to do is help our generation under- that we absolutely should strive for. ing degree from nation to nation is stand. What happens with our genera- We have got to make sure that our gen- staggering. tion is that often they feel less in eration raises their kids, that we raise Here is another place, sadly, where touch with the inner workings of gov- our kids to be first, to have the atti- we are no longer first. China is first. ernment. They do not really see, for ex- tude that it is America first. That is They are first by miles. They grad- ample, how Social Security reform how it was when we were kids when uated 600,000 students with an engi- could potentially alter their future. President Kennedy was in office, and neering degree this year; 350,000 with The 30-something Working Group that is how it should be again. engineering degree in India; and 70,000 comes to this floor each night and tries Mr. RYAN of Ohio. Mr. Speaker, it in the United States. to help demystify a lot of the govern- was interesting talking to Leader Mr. RYAN of Ohio. A lot of ours are ment programs that maybe our genera- PELOSI the other day, and some of her foreign born who will return to prob- tion does not feel the impact of di- conversations that she had were about ably one of those two countries. rectly. she and our leadership team actually Ms. WASSERMAN SCHULTZ. There I want to talk about Democratic went out and engaged the technology is no question, and I can tell you that leader NANCY PELOSI’s innovation community and sought their rec- if you even examine further the details agenda, which is the innovation agenda ommendations. They were saying we of those numbers, what is even sadder of the Democratic Party and the Demo- need to do this in the next 2 years. Our is how few women and young women cratic Caucus. She rolled that out just friends on the other side do not have a are graduating with those kinds of de- last week, and it is an agenda that ap- plan at all. We have a plan to do it in grees. We need to make sure that we peals and speaks directly to our gen- the next 5 years, and many people in grow our scientists of the future and eration. the high-tech community are saying that we encourage our kids who are

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That is less money through so that they know they want So as a result, electives are so re- that we are able to invest in the coun- to go to a university and get an engi- duced or the funding is cut for them. try, and a stronger America begins neering degree. So you are graduating kids who know right here at home. We have a plan that will take us in how to take tests. They are test takers, Ms. WASSERMAN SCHULTZ. Abso- that direction. We have a plan that will and those are not the kind of skills lutely. We are not addressing the high add 100,000 new scientists, mathemati- that small businesses are looking for cost of gasoline. We have a plan that cians and engineers to America’s work- when they are sitting across the desk would make us energy independent force in the next 4 years, and we can do after a kid has graduated from high within 10 years. We have got to make that using our ability to provide schol- school or even college. I can tell you, sure we start innovating in that direc- arships and other financial assistance because I taught at the college level tion. We have got to make sure we stop and work with the private sector to for several years both at the university relying solely on foreign oil. We have create opportunities for students who and community college level, you investments that we can make in re- go to college to achieve that goal; but would not believe the writing skills or search and development so that we can that is something that government has lack of writing skills that someone expand our ability to generate alter- to initiate. That is not something that whose whole educational career has native energy sources. We have to help can completely be incubated in the pri- been structured towards taking tests, small businesses. We have to make sure vate sector and occur on its own. Those what those writing skills look like. that small business can thrive. They things do not occur in a vacuum. We are not graduating whole, well- cannot thrive with upwards of 15 per- Mr. RYAN of Ohio. Think of the rip- balanced kids who have critical think- cent increases in their health insur- ple effect. Throughout our society, ing skills and the creativity that those ance costs every year. We have got to from wages to new inventions, new pat- kinds of classes and elective courses make sure we have access to health ents, the whole 9 yards, the ripple ef- help to shape them into adults that care in this country. fect throughout the community. will be able to work in groups and That is the direction the Democrats We have a business incubator in one dream big dreams and make us the would take this country and break the of our towns, in Youngstown that is, innovators and that have been the tra- gridlock that we seem to be mired in, whether it is computers or science or dition of innovation that Americans in which every single day there is an- whatever, creating jobs in our urban have always led the way on. It is just other accusation of corruption. Every centers; and you begin to put together not that way anymore, and we have got single day there is another example of a program where you have research, to get back in that direction. a person who was selected or nomi- you have engineering graduates, you Mr. RYAN of Ohio. We are in the nated or chosen for a job in the admin- have business incubators, you have the process, I think everyone would agree, istration who is wholly unqualified for arts. of creating a new economy. No one the breadth and scope of experience One of the things that I want to add really knows what direction it is going that that person would need to do that to that, when I was in China, I went for to go in; but we know some of the fun- job effectively. What happens? They 2 weeks in August. The two things that damentals, like broadband, are a very make horrible mistakes, and that is the Chinese were saying that American important part of that. So why not the next day’s headlines, not the head- engineers have that those 600,000 do not make it accessible to everybody, just lines that we had in 1969 that America have, they really do not have the skills like we did with roads? That was a was first to land a man on the Moon. that we have. We are more creative and huge subsidy for the auto industry for b 1745 we work in teams better, and they were years. I mean, where is the auto indus- saying that they just cannot teach the try, where are the car manufacturers Ms. WASSERMAN SCHULTZ. We Chinese how to do these things, no without roads? Where are the great have a limited amount of time, I think matter how hard they try. One party railroad companies without the rail- we have about 5 minutes left, Mr. system, Communist system, everything road lines? RYAN, but I am really excited about is very narrow. You always look to the These are the kinds of things that I this innovation agenda. I just wish hierarchy. It is just very narrow think- think we need to do. Water lines, sewer that we were able to bring the other ing. lines were the key in the industrial side of the aisle to the table. It occurred to me that the very two age; and in the high-tech Information One of the things that has been frus- things, in addition to not creating Age, that is the road and the bridge. trating to me as a freshman, and I have enough engineers, but the very two Ms. WASSERMAN SCHULTZ. That is only been here 11 months now, but I things that give us our competitive ad- it right there, and you cannot do those came from a legislature that had its vantage around the globe are the first things when you are hampered every share of partisanship. But we had par- two things that we usually cut in our day by having to answer questions tisanship on 10 or 12 issues, maybe. You schools, the arts programs and the from reporters and from your constitu- would have 10 or 12 issues that the two team programs, the pay-to-play, where ents on your ethical lapses and on the parties and the leaders of the two par- kids get boxed out. It is basketball sea- corruption accusations and on cro- ties would duke it out to the end. Both son now for high schools, 12 varsity nyism. We all know that those things sides would go to their respective cor- kids, 12 junior varsity kids and a fresh- are distracting. When you have to con- ners and you knew on those issues we man team, and that is it. No one else centrate all of your energy and effort would not find common ground and gets to play. We need to have an agen- and attention on corruption and cro- that was that. da that promotes teamwork, the arts, nyism and your incompetence, how are But on other issues, and I am talking these things that create our advantage. you going to be able to focus on inno- about other issues related to health in- Ms. WASSERMAN SCHULTZ. Mr. vation? How are you going to be able to surance and property insurance and tax Speaker, the things that make kids focus on the future? relief, and not little itty bitty issues, grow up into whole people. What hap- Mr. RYAN of Ohio. I think that has not the small stuff but some really big pens now is because we are inad- been the focus of our friends on the things, that if everybody on both sides equately funding education, our class- other side. They have been so focused of the aisle, all the interested parties rooms in most of the major urban pop- on taking care of their friends in par- are willing to sit down at the table and

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use another C word. Because we are Mr. RYAN is going to put the board up Sec. 104. Section 2332b and the material support really big on C words, I want a good C that shows our 30–Something Web site, sections of title 18, United States word, not cronyism, not corruption, I have one wish. I have a wish for the Code. not a lack of competence, I want com- holiday season; that we shift from the Sec. 105. Duration of FISA surveillance of non- promise. That is the C word I would United States persons under sec- C words, the negative C words that tion 207 of the USA PATRIOT like to see used here. In my 11 months have been prevalent in the headlines Act. here, I have not seen a whole lot of in- and in this Chamber, that we move Sec. 106. Access to certain business records terest in compromise. It is my-way-or- away from the cronyism, from the cor- under section 215 of the USA PA- the-highway type of politics here, and ruption, from the lack of competence. TRIOT Act. that is really sad. And my wish for the holiday season Sec. 106A. Audit on access to certain business Mr. RYAN of Ohio. And the agenda and the new year is that we adopt a records for foreign intelligence the gentlewoman has been articulating more positive C word; come together purposes. Sec. 107. Enhanced oversight of good-faith over the past 20 minutes or so I think and find some common ground and separates us from even how our party emergency disclosures under sec- some compromise. tion 212 of the USA PATRIOT used to be. Everybody has their crosses That seems to have been elusive, elu- Act. to bear, and I think we had been la- sive mostly because it does not appear Sec. 108. Multipoint electronic surveillance beled many times as just a tax-and- the Republican leadership has had any under section 206 of the USA PA- spend party who never came up, at interest in finding common ground and TRIOT Act. least in the last few years, with any compromise. So that is my wish for the Sec. 109. Enhanced congressional oversight. really great ideas. holiday season. Sec. 110. Attacks against railroad carriers and mass transportation systems. Most of the Democrats over here We want to thank the Democratic voted yesterday for the alternative Sec. 111. Forfeiture. leader for the time spending some time Sec. 112. Section 2332b(g)(5)(B) amendments re- minimum tax, to make sure that aver- on the floor discussing our views, and I age people will get a tax cut and they lating to the definition of Federal yield to my colleague to give out the crime of terrorism. will not be burdened. So I think we are Web site. Sec. 113. Amendments to section 2516(1) of title moving away from that. And I would Mr. RYAN of Ohio. Yes, this is the 30 18, United States Code. say most of us have voted for middle Something Working Group. Send us an Sec. 114. Delayed notice search warrants. class tax relief on a variety of occa- e-mail at 30somethingdems@ Sec. 115. Judicial review of national security letters. sions. But what we are saying here is mail.house.gov. Thirty, the number, that this is the broadband and the en- Sec. 116. Confidentiality of national security somethingdems@ gineering. And our approach to this letters. mail.house.gov. thing, research and development, tax Sec. 117. Violations of nondisclosure provisions credits, our approach to this is a new f of national security letters. Sec. 118. Reports on national security letters. approach that neither party has had, CONFERENCE REPORT ON H.R. 3199, Sec. 119. Audit of use of national security let- but we have it now. USA PATRIOT IMPROVEMENT ters. The Democratic party is offering a AND REAUTHORIZATION ACT OF Sec. 120. Definition for forfeiture provisions new approach to this. And it is, in 2005 under section 806 of the USA PA- many ways, having broadband penetra- TRIOT Act. Mr. SENSENBRENNER (during the tion for every single student and for Sec. 121. Penal provisions regarding trafficking special order of Mr. KING of Iowa) sub- every household in the next 5 years is in contraband cigarettes or mitted the following conference report an anti-poverty program. It is a jobs- smokeless tobacco. and statement on the bill (H.R. 3199) to creation program. These kids who live Sec. 122. Prohibition of narco-terrorism. extend and modify authorities needed Sec. 123. Interfering with the operation of an in poverty, we need to help them with to combat terrorism, and for other pur- aircraft. heating oil and we do need to make poses: Sec. 124. Sense of Congress relating to lawful sure these kids have the proper diet political activity. and the proper nutrition and all that. CONFERENCE REPORT (H. REPT. 109–333) Sec. 125. Removal of civil liability barriers that That is stuff that still needs to happen. The committee of conference on the dis- discourage the donation of fire But if that kid is caught in the digital agreeing vote of the two Houses on the equipment to volunteer fire com- divide, caught at the wrong end of the amendment of the Senate to the bill (H.R. panies. digital divide, that kid will never have 3199), to extend and modify authorities need- Sec. 126. Report on data-mining activities. an opportunity to hook up to any kind ed to combat terrorism, and for other pur- Sec. 127. Sense of Congress. poses, having met, after full and free con- Sec. 128. USA PATRIOT Act section 214; au- of economic growth that we may have ference, have agreed to recommend and do thority for disclosure of addi- because of this. recommend to their respective Houses as fol- tional information in connection That is why it is so important to get lows: with orders for pen register and it everywhere. And what we are saying That the House recede from its disagree- trap and trace authority under is we want that kid, who is somewhere ment to the amendment of the Senate and FISA. in rural America or somewhere in some agree to the same with an amendment as fol- TITLE II—TERRORIST DEATH PENALTY inner city, to have access to this. Be- lows: ENHANCEMENT In lieu of the matter proposed to be in- cause with a quality education, access Sec. 201. Short title. to the technology and the proper com- serted by the Senate amendment, insert the following: Subtitle A—Terrorist penalties enhancement Act munity support, that kid will become a Sec. 211. Death penalty procedures for certain wealth creator. They will be creating SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as air piracy cases occurring before wealth and paying taxes, instead of the ‘‘USA PATRIOT Improvement and Reau- enactment of the Federal Death asking can I get qualified for the thorization Act of 2005’’. Penalty Act of 1994. earned income tax credit, am I going to (b) TABLE OF CONTENTS.—The table of con- Sec. 212. Postrelease supervision of terrorists. be on Medicaid, or what do I need? tents for this Act is as follows: Subtitle B—Federal Death Penalty Procedures We want to propel people. And Amer- Sec. 1. Short title; table of contents. Sec. 221. Elimination of procedures applicable ica needs to be a country of oppor- only to certain Controlled Sub- tunity again, Debbie. It needs to be a TITLE I—USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT stances Act cases. country where people can say, I can be Sec. 222. Counsel for financially unable defend- Sec. 101. References to, and modification of anything I want, I can do whatever I ants. short title for, USA PATRIOT want because the proper infrastructure Act. TITLE III—REDUCING CRIME AND was in place when I was a kid to help Sec. 102. USA PATRIOT Act sunset provisions. TERRORISM AT AMERICA’S SEAPORTS propel me into a bright future. Sec. 103. Extension of sunset relating to indi- Sec. 301. Short title. Ms. WASSERMAN-SCHULTZ. So as vidual terrorists as agents of for- Sec. 302. Entry by false pretenses to any sea- we close out, Mr. Speaker, and I think eign powers. port.

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Sec. 303. Criminal sanctions for failure to heave Sec. 715. Restrictions on importation; authority (b) SECTIONS 206 AND 215 SUNSET.— to, obstruction of boarding, or to permit imports for medical, sci- (1) IN GENERAL.—Effective December 31, 2009, providing false information. entific, or other legitimate pur- the Foreign Intelligence Surveillance Act of 1978 Sec. 304. Criminal sanctions for violence poses. is amended so that sections 501, 502, and against maritime navigation, Sec. 716. Notice of importation or exportation; 105(c)(2) read as they read on October 25, 2001. placement of destructive devices. approval of sale or transfer by im- (2) EXCEPTION.—With respect to any par- Sec. 305. Transportation of dangerous materials porter or exporter. ticular foreign intelligence investigation that and terrorists. Sec. 717. Enforcement of restrictions on impor- began before the date on which the provisions Sec. 306. Destruction of, or interference with, tation and of requirement of no- referred to in paragraph (1) cease to have effect, vessels or maritime facilities. tice of transfer. or with respect to any particular offense or po- Sec. 307. Theft of interstate or foreign ship- Sec. 718. Coordination with United States tential offense that began or occurred before the ments or vessels. Trade Representative. date on which such provisions cease to have ef- Sec. 308. Stowaways on vessels or aircraft. Subtitle B—International regulation of fect, such provisions shall continue in effect. Sec. 309. Bribery affecting port security. precursor chemicals SEC. 103. EXTENSION OF SUNSET RELATING TO Sec. 310. Penalties for smuggling goods into the Sec. 721. Information on foreign chain of dis- INDIVIDUAL TERRORISTS AS United States. tribution; import restrictions re- AGENTS OF FOREIGN POWERS. Sec. 311. Smuggling goods from the United garding failure of distributors to Section 6001(b) of the Intelligence Reform and States. cooperate. Terrorism Prevention Act of 2004 (Public Law TITLE IV—COMBATING TERRORISM Sec. 722. Requirements relating to the largest 108–458; 118 Stat. 3742) is amended to read as FINANCING exporting and importing countries follows: ‘‘(b) SUNSET.— Sec. 401. Short title. of certain precursor chemicals. Sec. 723. Prevention of smuggling of meth- ‘‘(1) IN GENERAL.—Except as provided in para- Sec. 402. Increased penalties for terrorism fi- graph (2), the amendment made by subsection nancing. amphetamine into the United States from Mexico. (a) shall cease to have effect on December 31, Sec. 403. Terrorism-related specified activities 2009. Subtitle C—Enhanced criminal penalties for for money laundering. ‘‘(2) EXCEPTION.—With respect to any par- Sec. 404. Assets of persons committing terrorist methamphetamine production and trafficking ticular foreign intelligence investigation that acts against foreign countries or Sec. 731. Smuggling methamphetamine or meth- began before the date on which the provisions international organizations. amphetamine precursor chemicals referred to in paragraph (1) cease to have effect, Sec. 405. Money laundering through hawalas. into the United States while using or with respect to any particular offense or po- Sec. 406. Technical and conforming amend- facilitated entry programs. tential offense that began or occurred before the ments relating to the USA PA- Sec. 732. Manufacturing controlled substances date on which the provisions cease to have ef- TRIOT Act. on Federal property. fect, such provisions shall continue in effect.’’. Sec. 407. Cross reference correction. Sec. 733. Increased punishment for meth- Sec. 408. Amendment to amendatory language. SEC. 104. SECTION 2332b AND THE MATERIAL SUP- amphetamine kingpins. PORT SECTIONS OF TITLE 18, Sec. 409. Designation of additional money laun- Sec. 734. New child-protection criminal en- UNITED STATES CODE. dering predicate. hancement. Section 6603 of the Intelligence Reform and Sec. 410. Uniform procedures for criminal for- Sec. 735. Amendments to certain sentencing Terrorism Prevention Act of 2004 (Public Law feiture. court reporting requirements. 108–458; 118 Stat. 3762) is amended by striking TITLE V—MISCELLANEOUS PROVISIONS Sec. 736. Semiannual reports to Congress. subsection (g). Sec. 501. Residence of United States attorneys Subtitle D—Enhanced environmental regulation SEC. 105. DURATION OF FISA SURVEILLANCE OF and assistant United States attor- of methamphetamine byproducts NON-UNITED STATES PERSONS neys. Sec. 741. Biennial report to Congress on agency UNDER SECTION 207 OF THE USA PA- Sec. 502. Interim appointment of United States designations of by-products of TRIOT ACT. Attorneys. methamphetamine laboratories as (a) ELECTRONIC SURVEILLANCE.—Section Sec. 503. Secretary of Homeland Security in hazardous materials. 105(e) of the Foreign Intelligence Surveillance Presidential line of succession. Sec. 742. Methamphetamine production report. Act of 1978 (50 U.S.C. 1805(e)) is amended— Sec. 504. Bureau of Alcohol, Tobacco and Fire- Sec. 743. Cleanup costs. (1) in paragraph (1)(B), by striking ‘‘, as de- arms to the Department of Justice. Subtitle E—Additional programs and activities fined in section 101(b)(1)(A)’’ and inserting ‘‘who is not a United States person’’; and Sec. 505. Qualifications of United States Mar- Sec. 751. Improvements to Department of Justice shals. (2) in subsection (2)(B), by striking ‘‘as de- drug court grant program. fined in section 101(b)(1)(A)’’ and inserting Sec. 506. Department of Justice intelligence Sec. 752. Drug courts funding. ‘‘who is not a United States person’’. matters. Sec. 753. Feasibility study on Federal drug (b) PHYSICAL SEARCH.—Section 304(d) of such Sec. 507. Review by Attorney General. courts. Act (50 U.S.C. 1824(d)) is amended— Sec. 754. Grants to hot spot areas to reduce TITLE VI—SECRET SERVICE (1) in paragraph (1)(B), by striking ‘‘as de- availability of methamphetamine. Sec. 601. Short title. fined in section 101(b)(1)(A)’’ and inserting Sec. 755. Grants for programs for drug-endan- Sec. 602. Interference with national special se- ‘‘who is not a United States person’’; and gered children. curity events. (2) in paragraph (2), by striking ‘‘as defined Sec. 756. Authority to award competitive grants Sec. 603. False credentials to national special in section 101(b)(1)(A)’’ and inserting ‘‘who is to address methamphetamine use security events. not a United States person’’. by pregnant and parenting Sec. 604. Forensic and investigative support of (c) PEN REGISTERS, TRAP AND TRACE DE- women offenders. missing and exploited children VICES.—Section 402(e) of such Act (50 U.S.C. cases. TITLE I—USA PATRIOT IMPROVEMENT 1842(e)) is amended— Sec. 605. The Uniformed Division, United States AND REAUTHORIZATION ACT (1) by striking ‘‘(e) An’’ and inserting ‘‘(e)(1) Secret Service. SEC. 101. REFERENCES TO, AND MODIFICATION Except as provided in paragraph (2), an’’; and Sec. 606. Savings provisions. OF SHORT TITLE FOR, USA PATRIOT (2) by adding at the end the following new Sec. 607. Maintenance as distinct entity. ACT. paragraph: Sec. 608. Exemptions from the Federal Advisory (a) REFERENCES TO USA PATRIOT ACT.—A ‘‘(2) In the case of an application under sub- Committee Act. reference in this Act to the USA PATRIOT Act section (c) where the applicant has certified TITLE VII—COMBAT METHAMPHETAMINE shall be deemed a reference to the Uniting and that the information likely to be obtained is for- EPIDEMIC ACT OF 2005 Strengthening America by Providing Appro- eign intelligence information not concerning a priate Tools Required to Intercept and Obstruct Sec. 701. Short title. United States person, an order, or an extension Terrorism Act (USA PATRIOT Act) of 2001. of an order, under this section may be for a pe- Subtitle A—Domestic regulation of precursor (b) MODIFICATION OF SHORT TITLE OF USA riod not to exceed one year.’’. chemicals PATRIOT ACT.—Section 1(a) of the USA PA- SEC. 106. ACCESS TO CERTAIN BUSINESS Sec. 711. Scheduled listed chemical products; re- TRIOT Act is amended to read as follows: RECORDS UNDER SECTION 215 OF strictions on sales quantity, be- ‘‘(a) SHORT TITLE.—This Act may be cited as THE USA PATRIOT ACT. hind-the-counter access, and the ‘Uniting and Strengthening America by Pro- (a) DIRECTOR APPROVAL FOR CERTAIN APPLI- other safeguards. viding Appropriate Tools Required to Intercept CATIONS.—Subsection (a) of section 501 of the Sec. 712. Regulated transactions. and Obstruct Terrorism Act of 2001’ or the ‘USA Foreign Intelligence Surveillance Act of 1978 (50 Sec. 713. Authority to establish production PATRIOT Act’.’’. U.S.C. 1861(a)) is amended— quotas. SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS. (1) in paragraph (1), by striking ‘‘The Direc- Sec. 714. Penalties; authority for manufac- (a) IN GENERAL.—Section 224 of the USA PA- tor’’ and inserting ‘‘Subject to paragraph (3), turing; quota. TRIOT Act is repealed. the Director’’; and

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(2) by adding at the end the following: (e) PROHIBITION ON DISCLOSURE.—Subsection 103(e)(2). The judge considering the petition ‘‘(3) In the case of an application for an order (d) of such section is amended to read as fol- may modify or set aside the order only if the requiring the production of library circulation lows: judge finds that the order does not meet the re- records, library patron lists, book sales records, ‘‘(d)(1) No person shall disclose to any other quirements of this section or is otherwise unlaw- book customer lists, firearms sales records, tax person that the Federal Bureau of Investigation ful. If the judge does not modify or set aside the return records, educational records, or medical has sought or obtained tangible things pursuant order, the judge shall immediately affirm the records containing information that would iden- to an order under this section, other than to— order and order the recipient to comply there- tify a person, the Director of the Federal Bu- ‘‘(A) those persons to whom disclosure is nec- with. The assigned judge shall promptly provide reau of Investigation may delegate the authority essary to comply with such order; a written statement for the record of the reasons to make such application to either the Deputy ‘‘(B) an attorney to obtain legal advice or as- for any determination under this paragraph. Director of the Federal Bureau of Investigation sistance with respect to the production of things ‘‘(2) A petition for review of a decision to af- or the Executive Assistant Director for National in response to the order; or firm, modify, or set aside an order by the United Security (or any successor position). The Dep- ‘‘(C) other persons as permitted by the Direc- States or any person receiving such order shall uty Director or the Executive Assistant Director tor of the Federal Bureau of Investigation or the be to the court of review established under sec- may not further delegate such authority.’’. designee of the Director. tion 103(b), which shall have jurisdiction to con- (b) FACTUAL BASIS FOR REQUESTED ORDER.— ‘‘(2)(A) A person to whom disclosure is made sider such petitions. The court of review shall Subsection (b)(2) of such section is amended to pursuant to paragraph (1) shall be subject to the provide for the record a written statement of the read as follows: nondisclosure requirements applicable to a per- reasons for its decision and, on petition of the ‘‘(2) shall include— son to whom an order is directed under this sec- United States or any person receiving such ‘‘(A) a statement of facts showing that there tion in the same manner as such person. order for writ of certiorari, the record shall be are reasonable grounds to believe that the tan- ‘‘(B) Any person who discloses to a person de- transmitted under seal to the Supreme Court, gible things sought are relevant to an author- scribed in subparagraphs (A), (B), or (C) of which shall have jurisdiction to review such de- ized investigation (other than a threat assess- paragraph (1) that the Federal Bureau of Inves- cision. ment) conducted in accordance with subsection tigation has sought or obtained tangible things ‘‘(3) Judicial proceedings under this sub- (a)(2) to obtain foreign intelligence information pursuant to an order under this section shall section shall be concluded as expeditiously as not concerning a United States person or to pro- notify such person of the nondisclosure require- possible. The record of proceedings, including tect against international terrorism or clandes- ments of this subsection. petitions filed, orders granted, and statements of tine intelligence activities, such things being ‘‘(C) At the request of the Director of the Fed- reasons for decision, shall be maintained under presumptively relevant to an authorized inves- eral Bureau of Investigation or the designee of security measures established by the Chief Jus- tigation if the applicant shows in the statement the Director, any person making or intending to tice of the United States in consultation with of the facts that they pertain to— make a disclosure under this section shall iden- the Attorney General and the Director of Na- ‘‘(i) a foreign power or an agent of a foreign tify to the Director or such designee the person tional Intelligence. power; to whom such disclosure will be made or to ‘‘(4) All petitions under this subsection shall ‘‘(ii) the activities of a suspected agent of a whom such disclosure was made prior to the re- be filed under seal. In any proceedings under foreign power who is the subject of such author- quest, but in no circumstance shall a person be this subsection, the court shall, upon request of ized investigation; or required to inform the Director or such designee the government, review ex parte and in camera ‘‘(iii) an individual in contact with, or known that the person intends to consult an attorney any government submission, or portions thereof, to, a suspected agent of a foreign power who is to obtain legal advice or legal assistance.’’. which may include classified information.’’. the subject of such authorized investigation; (f) JUDICIAL REVIEW.— (g) MINIMIZATION PROCEDURES AND USE OF and (1) PETITION REVIEW POOL.—Section 103 of the INFORMATION.—Section 501 of the Foreign Intel- ‘‘(B) an enumeration of the minimization pro- Foreign Intelligence Surveillance Act of 1978 (50 ligence Surveillance Act of 1978 (50 U.S.C. 1861) cedures adopted by the Attorney General under U.S.C. 1803) is amended by adding at the end is further amended by adding at the end the fol- subsection (g) that are applicable to the reten- the following new subsection: lowing new subsections: tion and dissemination by the Federal Bureau ‘‘(e)(1) Three judges designated under sub- ‘‘(g) MINIMIZATION PROCEDURES.— of Investigation of any tangible things to be section (a) who reside within 20 miles of the Dis- ‘‘(1) IN GENERAL.—Not later than 180 days made available to the Federal Bureau of Inves- trict of Columbia, or, if all of such judges are after the date of the enactment of the USA PA- tigation based on the order requested in such unavailable, other judges of the court estab- TRIOT Improvement and Reauthorization Act application.’’. lished under subsection (a) as may be des- of 2005, the Attorney General shall adopt spe- (c) CLARIFICATION OF JUDICIAL DISCRETION.— ignated by the presiding judge of such court, cific minimization procedures governing the re- Subsection (c)(1) of such section is amended to shall comprise a petition review pool which shall tention and dissemination by the Federal Bu- read as follows: have jurisdiction to review petitions filed pursu- reau of Investigation of any tangible things, or ‘‘(c)(1) Upon an application made pursuant to ant to section 501(f)(1). information therein, received by the Federal Bu- this section, if the judge finds that the applica- ‘‘(2) Not later than 60 days after the date of reau of Investigation in response to an order tion meets the requirements of subsections (a) the enactment of the USA PATRIOT Improve- under this title. and (b), the judge shall enter an ex parte order ment and Reauthorization Act of 2005, the court ‘‘(2) DEFINED.—In this section, the term ‘mini- as requested, or as modified, approving the re- established under subsection (a) shall adopt mization procedures’ means— lease of tangible things. Such order shall direct and, consistent with the protection of national ‘‘(A) specific procedures that are reasonably that minimization procedures adopted pursuant security, publish procedures for the review of designed in light of the purpose and technique to subsection (g) be followed.’’. petitions filed pursuant to section 501(f)(1) by of an order for the production of tangible (d) ADDITIONAL PROTECTIONS.—Subsection the panel established under paragraph (1). Such things, to minimize the retention, and prohibit (c)(2) of such section is amended to read as fol- procedures shall provide that review of a peti- the dissemination, of nonpublicly available in- lows: tion shall be conducted in camera and shall also formation concerning unconsenting United ‘‘(2) An order under this subsection— provide for the designation of an acting pre- States persons consistent with the need of the ‘‘(A) shall describe the tangible things that siding judge.’’. United States to obtain, produce, and dissemi- are ordered to be produced with sufficient par- (2) PROCEEDINGS.—Section 501 of the Foreign nate foreign intelligence information; ticularity to permit them to be fairly identified; Intelligence Surveillance Act of 1978 (50 U.S.C. ‘‘(B) procedures that require that nonpublicly ‘‘(B) shall include the date on which the tan- 1861) is further amended by adding at the end available information, which is not foreign in- gible things must be provided, which shall allow the following new subsection: telligence information, as defined in section a reasonable period of time within which the ‘‘(f)(1) A person receiving an order to produce 101(e)(1), shall not be disseminated in a manner tangible things can be assembled and made any tangible thing under this section may chal- that identifies any United States person, with- available; lenge the legality of that order by filing a peti- out such person’s consent, unless such person’s ‘‘(C) shall provide clear and conspicuous no- tion with the pool established by section identity is necessary to understand foreign in- tice of the principles and procedures described 103(e)(1). The presiding judge shall immediately telligence information or assess its importance; in subsection (d); assign the petition to one of the judges serving and ‘‘(D) may only require the production of a in such pool. Not later than 72 hours after the ‘‘(C) notwithstanding subparagraphs (A) and tangible thing if such thing can be obtained assignment of such petition, the assigned judge (B), procedures that allow for the retention and with a subpoena duces tecum issued by a court shall conduct an initial review of the petition. If dissemination of information that is evidence of of the United States in aid of a grand jury in- the assigned judge determines that the petition a crime which has been, is being, or is about to vestigation or with any other order issued by a is frivolous, the assigned judge shall imme- be committed and that is to be retained or dis- court of the United States directing the produc- diately deny the petition and affirm the order. seminated for law enforcement purposes. tion of records or tangible things; and If the assigned judge determines the petition is ‘‘(h) USE OF INFORMATION.—Information ac- ‘‘(E) shall not disclose that such order is not frivolous, the assigned judge shall promptly quired from tangible things received by the Fed- issued for purposes of an investigation described consider the petition in accordance with the eral Bureau of Investigation in response to an in subsection (a).’’. procedures established pursuant to section order under this title concerning any United

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No otherwise privileged submit an application and the request was not (d) PRIOR NOTICE TO ATTORNEY GENERAL AND information acquired from tangible things re- submitted to the court (including an examina- DIRECTOR OF NATIONAL INTELLIGENCE; COM- ceived by the Federal Bureau of Investigation in tion of the basis for not submitting the applica- MENTS.— accordance with the provisions of this title shall tion); (1) NOTICE.—Not less than 30 days before the lose its privileged character. No information ac- (B) whether the court granted, modified, or submission of a report under subsections (c)(1) quired from tangible things received by the Fed- denied the application (including an examina- or (c)(2), the Inspector General of the Depart- eral Bureau of Investigation in response to an tion of the basis for any modification or denial); ment of Justice shall provide such report to the order under this title may be used or disclosed (2) the justification for the failure of the At- Attorney General and the Director of National by Federal officers or employees except for law- torney General to issue implementing procedures Intelligence. ful purposes.’’. governing requests for the production of tan- (2) COMMENTS.—The Attorney General or the (h) ENHANCED OVERSIGHT.—Section 502 of the gible things under such section in a timely fash- Director of National Intelligence may provide Foreign Intelligence Surveillance Act of 1978 (50 ion, including whether such delay harmed na- comments to be included in the reports sub- U.S.C. 1862) is amended— tional security; mitted under subsections (c)(1) and (c)(2) as the (1) in subsection (a)— (3) whether bureaucratic or procedural im- Attorney General or the Director of National In- (A) by striking ‘‘semiannual basis’’ and in- pediments to the use of such requests for pro- telligence may consider necessary. serting ‘‘annual basis’’; and duction prevent the Federal Bureau of Inves- (e) UNCLASSIFIED FORM.—The reports sub- (B) by inserting ‘‘and the Committee on the tigation from taking full advantage of the au- mitted under subsection (c)(1) and (c)(2) and Judiciary’’ after ‘‘and the Select Committee on thorities provided under section 501 of such Act; any comments included under subsection (d)(2) Intelligence’’; (4) any noteworthy facts or circumstances re- shall be in unclassified form, but may include a (2) in subsection (b)— lating to orders under such section, including classified annex. (A) by striking ‘‘On a semiannual basis’’ and any improper or illegal use of the authority pro- SEC. 107. ENHANCED OVERSIGHT OF GOOD-FAITH all that follows through ‘‘the preceding 6-month vided under such section; and EMERGENCY DISCLOSURES UNDER period’’ and inserting ‘‘In April of each year, (5) an examination of the effectiveness of such SECTION 212 OF THE USA PATRIOT the Attorney General shall submit to the House section as an investigative tool, including— ACT. and Senate Committees on the Judiciary and the (A) the categories of records obtained and the (a) ENHANCED OVERSIGHT.—Section 2702 of House Permanent Select Committee on Intel- importance of the information acquired to the title 18, United States Code, is amended by add- ligence and the Senate Select Committee on In- intelligence activities of the Federal Bureau of ing at the end the following: telligence a report setting forth with respect to Investigation or any other Department or agen- ‘‘(d) REPORTING OF EMERGENCY DISCLO- the preceding calendar year’’; cy of the Federal Government; SURES.—On an annual basis, the Attorney Gen- (B) in paragraph (1), by striking ‘‘and’’ at the (B) the manner in which such information is eral shall submit to the Committee on the Judici- end; collected, retained, analyzed, and disseminated ary of the House of Representatives and the (C) in paragraph (2), by striking the period at by the Federal Bureau of Investigation, includ- Committee on the Judiciary of the Senate a re- the end and inserting ‘‘; and’’; and ing any direct access to such information (such port containing— (D) by adding at the end the following new as access to ‘‘raw data’’) provided to any other ‘‘(1) the number of accounts from which the paragraph: Department, agency, or instrumentality of Fed- Department of Justice has received voluntary ‘‘(3) the number of such orders either granted, eral, State, local, or tribal governments or any disclosures under subsection (b)(8); and ‘‘(2) a summary of the basis for disclosure in modified, or denied for the production of each of private sector entity; those instances where— the following: (C) with respect to calendar year 2006, an ex- ‘‘(A) voluntary disclosures under subsection ‘‘(A) Library circulation records, library pa- amination of the minimization procedures (b)(8) were made to the Department of Justice; tron lists, book sales records, or book customer adopted by the Attorney General under section and lists. 501(g) of such Act and whether such minimiza- ‘‘(B) the investigation pertaining to those dis- ‘‘(B) Firearms sales records. tion procedures protect the constitutional rights closures was closed without the filing of crimi- ‘‘(C) Tax return records. of United States persons; nal charges.’’. ‘‘(D) Educational records. (D) whether, and how often, the Federal Bu- (b) TECHNICAL AMENDMENTS TO CONFORM ‘‘(E) Medical records containing information reau of Investigation utilized information ac- COMMUNICATIONS AND CUSTOMER RECORDS EX- that would identify a person.’’; and quired pursuant to an order under section 501 of CEPTIONS.— (3) by adding at the end the following new such Act to produce an analytical intelligence (1) VOLUNTARY DISCLOSURES.—Section 2702 of subsection: product for distribution within the Federal Bu- title 18, United States Code, is amended— ‘‘(c)(1) In April of each year, the Attorney reau of Investigation, to the intelligence commu- (A) in subsection (b)(8), by striking ‘‘Federal, General shall submit to Congress a report setting nity (as such term is defined in section 3(4) of State, or local’’; and forth with respect to the preceding year— the National Security Act of 1947 (50 U.S.C. (B) by striking paragraph (4) of subsection (c) ‘‘(A) the total number of applications made 401a(4))), or to other Federal, State, local, or and inserting the following: for orders approving requests for the production tribal government Departments, agencies, or in- ‘‘(4) to a governmental entity, if the provider, of tangible things under section 501; and strumentalities; and in good faith, believes that an emergency involv- ‘‘(B) the total number of such orders either (E) whether, and how often, the Federal Bu- ing danger of death or serious physical injury to granted, modified, or denied. reau of Investigation provided such information any person requires disclosure without delay of ‘‘(2) Each report under this subsection shall to law enforcement authorities for use in crimi- information relating to the emergency;’’. be submitted in unclassified form.’’. nal proceedings. (2) DEFINITIONS.—Section 2711 of title 18, SECTION 106A. AUDIT ON ACCESS TO CERTAIN (c) SUBMISSION DATES.— United States Code, is amended— BUSINESS RECORDS FOR FOREIGN (1) PRIOR YEARS.—Not later than one year (A) in paragraph (2), by striking ‘‘and’’ at the INTELLIGENCE PURPOSES. after the date of the enactment of this Act, or end; (a) AUDIT.—The Inspector General of the De- upon completion of the audit under this section (B) in paragraph (3), by striking the period at partment of Justice shall perform a comprehen- for calendar years 2002, 2003, and 2004, which- the end and inserting ‘‘; and’’; and sive audit of the effectiveness and use, including ever is earlier, the Inspector General of the De- (C) by adding at the end the following: any improper or illegal use, of the investigative partment of Justice shall submit to the Com- ‘‘(4) the term ‘governmental entity’ means a authority provided to the Federal Bureau of In- mittee on the Judiciary and the Permanent Se- department or agency of the United States or vestigation under title V of the Foreign Intel- lect Committee on Intelligence of the House of any State or political subdivision thereof.’’. ligence Surveillance Act of 1978 (50 U.S.C. 1861 Representatives and the Committee on the Judi- (c) ADDITIONAL EXCEPTION.—Section 2702(a) et seq.). ciary and the Select Committee on Intelligence of title 18, United States Code, is amended by in- (b) REQUIREMENTS.—The audit required under of the Senate a report containing the results of serting ‘‘or (c)’’ after ‘‘Except as provided in subsection (a) shall include— the audit conducted under this section for cal- subsection (b)’’. (1) an examination of each instance in which endar years 2002, 2003, and 2004. SEC. 108. MULTIPOINT ELECTRONIC SURVEIL- the Attorney General, any other officer, em- (2) CALENDAR YEARS 2005 AND 2006.—Not later LANCE UNDER SECTION 206 OF THE ployee, or agent of the Department of Justice, than December 31, 2007, or upon completion of USA PATRIOT ACT. the Director of the Federal Bureau of Investiga- the audit under this section for calendar years (a) INCLUSION OF SPECIFIC FACTS IN APPLICA- tion, or a designee of the Director, submitted an 2005 and 2006, whichever is earlier, the Inspector TION.— application to the Foreign Intelligence Surveil- General of the Department of Justice shall sub- (1) APPLICATION.—Section 104(a)(3) of the lance Court (as such term is defined in section mit to the Committee on the Judiciary and the Foreign Intelligence Surveillance Act of 1978 (50 301(3) of the Foreign Intelligence Surveillance Permanent Select Committee on Intelligence of U.S.C. 1804(a)(3)) is amended by inserting ‘‘spe- Act of 1978 (50 U.S.C. 1821(3))) for an order the House of Representatives and the Committee cific’’ after ‘‘description of the’’.

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(2) ORDER.—Subsection (c) of section 105 of approving or denying such electronic surveil- SEC. 110. ATTACKS AGAINST RAILROAD CARRIERS the Foreign Intelligence Surveillance Act of 1978 lance.’’. AND MASS TRANSPORTATION SYS- TEMS. (50 U.S.C. 1805(c)) is amended— SEC. 109. ENHANCED CONGRESSIONAL OVER- (A) in paragraph (1)(A) by striking ‘‘target of SIGHT. (a) IN GENERAL.—Chapter 97 of title 18, United States Code, is amended by striking sec- the electronic surveillance’’ and inserting ‘‘spe- (a) EMERGENCY PHYSICAL SEARCHES.—Section tions 1992 through 1993 and inserting the fol- cific target of the electronic surveillance identi- 306 of the Foreign Intelligence Surveillance Act lowing: fied or described in the application pursuant to of 1978 (50 U.S.C. 1826) is amended— section 104(a)(3)’’; and (1) in the first sentence, by inserting ,‘‘ and ‘‘§ 1992. Terrorist attacks and other violence (B) in paragraph (2)(B), by striking ‘‘where the Committee on the Judiciary of the Senate,’’ against railroad carriers and against mass the Court finds’’ and inserting ‘‘where the after ‘‘the Senate’’; transportation systems on land, on water, or Court finds, based upon specific facts provided (2) in the second sentence, by striking ‘‘and through the air in the application,’’. the Committees on the Judiciary of the House of ‘‘(a) GENERAL PROHIBITIONS.—Whoever, in a (b) ADDITIONAL DIRECTIONS.—Such subsection Representatives and the Senate’’ and inserting circumstance described in subsection (c), know- is further amended— ‘‘and the Committee on the Judiciary of the ingly and without lawful authority or permis- (1) by striking ‘‘An order approving’’ and all House of Representatives’’; sion— that follows through ‘‘specify’’ and inserting (3) in paragraph (2), by striking ‘‘and’’ at the ‘‘(1) wrecks, derails, sets fire to, or disables ‘‘(1) SPECIFICATIONS.—An order approving an end; railroad on-track equipment or a mass transpor- electronic surveillance under this section shall (4) in paragraph (3), by striking the period at tation vehicle; specify’’; the end and inserting ‘‘; and’’; and ‘‘(2) places any biological agent or toxin, de- (2) in paragraph (1)(F), by striking ‘‘; and’’ (5) by adding at the end the following: structive substance, or destructive device in, and inserting a period; ‘‘(4) the total number of emergency physical upon, or near railroad on-track equipment or a (3) in paragraph (2), by striking ‘‘direct’’ and searches authorized by the Attorney General mass transportation vehicle with intent to en- inserting ‘‘DIRECTIONS.—An order approving an under section 304(e) and the total number of danger the safety of any person, or with a reck- electronic surveillance under this section shall subsequent orders approving or denying such less disregard for the safety of human life; direct’’; and physical searches.’’. ‘‘(3) places or releases a hazardous material or (4) by adding at the end the following new (b) EMERGENCY PEN REGISTERS AND TRAP AND a biological agent or toxin on or near any prop- paragraph: TRACE DEVICES.—Section 406(b) of the Foreign erty described in subparagraph (A) or (B) of ‘‘(3) SPECIAL DIRECTIONS FOR CERTAIN OR- Intelligence Surveillance Act of 1978 (50 U.S.C. paragraph (4), with intent to endanger the safe- DERS.—An order approving an electronic sur- 1846(b)) is amended— ty of any person, or with reckless disregard for veillance under this section in circumstances (1) in paragraph (1), by striking ‘‘and’’ at the the safety of human life; where the nature and location of each of the fa- end; ‘‘(4) sets fire to, undermines, makes unwork- cilities or places at which the surveillance will (2) in paragraph (2), by striking the period at able, unusable, or hazardous to work on or use, be directed is unknown shall direct the appli- the end and inserting ‘‘; and’’; and or places any biological agent or toxin, destruc- cant to provide notice to the court within ten (3) by adding at the end the following: tive substance, or destructive device in, upon, or days after the date on which surveillance begins ‘‘(3) the total number of pen registers and trap near any— ‘‘(A) tunnel, bridge, viaduct, trestle, track, to be directed at any new facility or place, un- and trace devices whose installation and use electromagnetic guideway, signal, station, less the court finds good cause to justify a was authorized by the Attorney General on an depot, warehouse, terminal, or any other way, longer period of up to 60 days, of— emergency basis under section 403, and the total structure, property, or appurtenance used in the ‘‘(A) the nature and location of each new fa- number of subsequent orders approving or deny- operation of, or in support of the operation of, cility or place at which the electronic surveil- ing the installation and use of such pen reg- a railroad carrier, and with intent to, or know- lance is directed; isters and trap and trace devices.’’. ing or having reason to know, such activity ‘‘(B) the facts and circumstances relied upon (c) ADDITIONAL REPORT.—At the beginning would likely, derail, disable, or wreck railroad by the applicant to justify the applicant’s belief and midpoint of each fiscal year, the Secretary on-track equipment; or that each new facility or place at which the of Homeland Security shall submit to the Com- ‘‘(B) garage, terminal, structure, track, elec- electronic surveillance is directed is or was being mittees on the Judiciary of the House of Rep- tromagnetic guideway, supply, or facility used used, or is about to be used, by the target of the resentatives and the Senate, a written report in the operation of, or in support of the oper- surveillance; providing a description of internal affairs oper- ation of, a mass transportation vehicle, and ‘‘(C) a statement of any proposed minimiza- ations at U.S. Citizenship and Immigration with intent to, or knowing or having reason to tion procedures that differ from those contained Services, including the general state of such op- know, such activity would likely, derail, disable, in the original application or order, that may be erations and a detailed description of investiga- or wreck a mass transportation vehicle used, op- necessitated by a change in the facility or place tions that are being conducted (or that were erated, or employed by a mass transportation at which the electronic surveillance is directed; conducted during the previous six months) and provider; and the resources devoted to such investigations. ‘‘(5) removes an appurtenance from, damages, ‘‘(D) the total number of electronic surveil- The first such report shall be submitted not later or otherwise impairs the operation of a railroad lances that have been or are being conducted than April 1, 2006. signal system or mass transportation signal or under the authority of the order.’’. (d) RULES AND PROCEDURES FOR FISA dispatching system, including a train control (c) ENHANCED OVERSIGHT.— COURTS.—Section 103 of the Foreign Intelligence system, centralized dispatching system, or high- (1) REPORT TO CONGRESS.—Section 108(a)(1) of Surveillance Act of 1978 (50 U.S.C. 1803) is way-railroad grade crossing warning signal; the Foreign Intelligence Surveillance Act of 1978 amended by adding at the end the following: ‘‘(6) with intent to endanger the safety of any (50 U.S.C. 1808(a)(1)) is amended by inserting ‘‘, ‘‘(f)(1) The courts established pursuant to sub- person, or with a reckless disregard for the safe- and the Committee on the Judiciary of the Sen- sections (a) and (b) may establish such rules ty of human life, interferes with, disables, or in- ate,’’ after ‘‘Senate Select Committee on Intel- and procedures, and take such actions, as are capacitates any dispatcher, driver, captain, lo- ligence’’. reasonably necessary to administer their respon- comotive engineer, railroad conductor, or other (2) MODIFICATION OF SEMIANNUAL REPORT RE- sibilities under this Act. person while the person is employed in dis- QUIREMENT ON ACTIVITIES UNDER FOREIGN INTEL- ‘‘(2) The rules and procedures established patching, operating, controlling, or maintaining LIGENCE SURVEILLANCE ACT OF 1978.—Paragraph under paragraph (1), and any modifications of railroad on-track equipment or a mass transpor- (2) of section 108(a) of the Foreign Intelligence such rules and procedures, shall be recorded, tation vehicle; Surveillance Act of 1978 (50 U.S.C. 1808(a)) is and shall be transmitted to the following: ‘‘(7) commits an act, including the use of a amended to read as follows: ‘‘(A) All of the judges on the court established dangerous weapon, with the intent to cause ‘‘(2) Each report under the first sentence of pursuant to subsection (a). death or serious bodily injury to any person paragraph (1) shall include a description of— ‘‘(B) All of the judges on the court of review who is on property described in subparagraph ‘‘(A) the total number of applications made established pursuant to subsection (b). (A) or (B) of paragraph (4); for orders and extensions of orders approving ‘‘(C) The Chief Justice of the United States. ‘‘(8) surveils, photographs, videotapes, dia- electronic surveillance under this title where the ‘‘(D) The Committee on the Judiciary of the grams, or otherwise collects information with nature and location of each facility or place at Senate. the intent to plan or assist in planning any of which the electronic surveillance will be directed ‘‘(E) The Select Committee on Intelligence of the acts described in the paragraphs (1) through is unknown; the Senate. (6); ‘‘(B) each criminal case in which information ‘‘(F) The Committee on the Judiciary of the ‘‘(9) conveys false information, knowing the acquired under this Act has been authorized for House of Representatives. information to be false, concerning an attempt use at trial during the period covered by such ‘‘(G) The Permanent Select Committee on In- or alleged attempt to engage in a violation of report; and telligence of the House of Representatives. this subsection; or ‘‘(C) the total number of emergency employ- ‘‘(3) The transmissions required by paragraph ‘‘(10) attempts, threatens, or conspires to en- ments of electronic surveillance under section (2) shall be submitted in unclassified form, but gage in any violation of any of paragraphs (1) 105(f) and the total number of subsequent orders may include a classified annex.’’. through (9),

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shall be fined under this title or imprisoned not ‘‘(9) the term ‘railroad on-track equipment’ (b) CLERICAL CORRECTION.—Section more than 20 years, or both, and if the offense means a train, locomotive, tender, motor unit, 2332b(g)(5)(B) of title 18, United States Code, is results in the death of any person, shall be im- freight or passenger car, or other on-track amended by inserting ‘‘)’’ after ‘‘2339C (relating prisoned for any term of years or for life, or sub- equipment used, operated, or employed by a to financing of terrorism’’. ject to death, except in the case of a violation of railroad carrier; SEC. 113. AMENDMENTS TO SECTION 2516(1) OF paragraphs (8), (9), or (10). ‘‘(10) the term ‘railroad’ has the meaning TITLE 18, UNITED STATES CODE. ‘‘(b) AGGRAVATED OFFENSE.—Whoever com- given to that term in chapter 201 of title 49; (a) PARAGRAPH (a) AMENDMENT.—Section mits an offense under subsection (a) of this sec- ‘‘(11) the term ‘railroad carrier’ has the mean- 2516(1)(a) of title 18, United States Code, is tion in a circumstance in which— ing given to that term in chapter 201 of title 49; amended by inserting ‘‘chapter 10 (relating to ‘‘(1) the railroad on-track equipment or mass ‘‘(12) the term ‘serious bodily injury’ has the biological weapons)’’ after ‘‘under the following transportation vehicle was carrying a passenger meaning given to that term in section 1365; chapters of this title:’’. or employee at the time of the offense, ‘‘(13) the term ‘spent nuclear fuel’ has the (b) PARAGRAPH (c) AMENDMENT.—Section ‘‘(2) the railroad on-track equipment or mass meaning given to that term in section 2(23) of 2516(1)(c) of title 18, United States Code, is transportation vehicle was carrying high-level the Nuclear Waste Policy Act of 1982 (42 U.S.C. amended— radioactive waste or spent nuclear fuel at the 10101(23)); (1) by inserting ‘‘section 37 (relating to vio- time of the offense, or ‘‘(14) the term ‘State’ has the meaning given lence at international airports), section 43 (re- ‘‘(3) the offense was committed with the intent to that term in section 2266; lating to animal enterprise terrorism),’’ after to endanger the safety of any person, or with a ‘‘(15) the term ‘toxin’ has the meaning given ‘‘the following sections of this title:’’; reckless disregard for the safety of any person, to that term in section 178(2); and (2) by inserting ‘‘section 832 (relating to nu- and the railroad on-track equipment or mass ‘‘(16) the term ‘vehicle’ means any carriage or clear and weapons of mass destruction threats), transportation vehicle was carrying a haz- other contrivance used, or capable of being section 842 (relating to explosive materials), sec- ardous material at the time of the offense that— used, as a means of transportation on land, on tion 930 (relating to possession of weapons in ‘‘(A) was required to be placarded under sub- water, or through the air.’’. Federal facilities),’’ after ‘‘section 751 (relating part F of part 172 of title 49, Code of Federal (b) CONFORMING AMENDMENTS.— to escape),’’; Regulations, and (1) The table of sections at the beginning of (3) by inserting ‘‘section 1114 (relating to offi- ‘‘(B) is identified as class number 3, 4, 5, 6.1, chapter 97 of title 18, United States Code, is cers and employees of the United States), section or 8 and packing group I or packing group II, amended— 1116 (relating to protection of foreign officials),’’ or class number 1, 2, or 7 under the hazardous (A) by striking ‘‘RAILROADS’’ in the chapter after ‘‘section 1014 (relating to loans and credit materials table of section 172.101 of title 49, Code heading and inserting ‘‘RAILROAD CARRIERS applications generally; renewals and dis- of Federal Regulations, AND MASS TRANSPORTATION SYSTEMS counts),’’; shall be fined under this title or imprisoned for ON LAND, ON WATER, OR THROUGH THE (4) by inserting ‘‘section 1992 (relating to ter- any term of years or life, or both, and if the of- AIR’’; rorist attacks against mass transportation),’’ fense resulted in the death of any person, the (B) by striking the items relating to sections after ‘‘section 1344 (relating to bank fraud),’’; person may be sentenced to death. 1992 and 1993; and (5) by inserting ‘‘section 2340A (relating to tor- ‘‘(c) CIRCUMSTANCES REQUIRED FOR OF- (C) by inserting after the item relating to sec- ture),’’ after ‘‘section 2321 (relating to traf- FENSE.—A circumstance referred to in subsection tion 1991 the following: ficking in certain motor vehicles or motor vehi- (a) is any of the following: ‘‘1992. Terrorist attacks and other violence cle parts),’’; ‘‘(1) Any of the conduct required for the of- against railroad carriers and (6) by inserting ‘‘section 81 (arson within spe- fense is, or, in the case of an attempt, threat, or against mass transportation sys- cial maritime and territorial jurisdiction),’’ be- conspiracy to engage in conduct, the conduct tems on land, on water, or fore ‘‘section 201 (bribery of public officials and required for the completed offense would be, en- through the air.’’. witnesses)’’; and gaged in, on, against, or affecting a mass trans- (7) by inserting ‘‘section 956 (conspiracy to portation provider, or a railroad carrier engaged (2) The table of chapters at the beginning of harm persons or property overseas),’’ after ‘‘sec- in interstate or foreign commerce. part I of title 18, United States Code, is amended tion 175c (relating to variola virus)’’. ‘‘(2) Any person travels or communicates by striking the item relating to chapter 97 and (c) PARAGRAPH (g) AMENDMENT.—Section across a State line in order to commit the of- inserting the following: 2516(1)(g) of title 18, United States Code, is fense, or transports materials across a State line ‘‘97. Railroad carriers and mass amended by inserting before the semicolon ‘‘, or in aid of the commission of the offense. transportation systems on land, on section 5324 of title 31, United States Code (re- ‘‘(d) DEFINITIONS.—In this section— water, or through the air ...... lating to structuring transactions to evade re- ‘‘(1) the term ‘biological agent’ has the mean- porting requirement prohibited)’’ . ing given to that term in section 178(1); (3) Title 18, United States Code, is amended— (d) PARAGRAPH (j) AMENDMENT.—Section ‘‘(2) the term ‘dangerous weapon’ means a (A) in section 2332b(g)(5)(B)(i), by striking 2516(1)(j) of title 18, United States Code, is weapon, device, instrument, material, or sub- ‘‘1992 (relating to wrecking trains), 1993 (relat- amended— stance, animate or inanimate, that is used for, ing to terrorist attacks and other acts of vio- (1) by striking ‘‘or’’ before ‘‘section 46502 (re- or is readily capable of, causing death or serious lence against mass transportation systems),’’ lating to aircraft piracy)’’ and inserting a bodily injury, including a pocket knife with a and inserting ‘‘1992 (relating to terrorist attacks comma after ‘‘section 60123(b) (relating to the blade of less than 21⁄2 inches in length and a box and other acts of violence against railroad car- destruction of a natural gas pipeline’’; and cutter; riers and against mass transportation systems (2) by inserting ‘‘, the second sentence of sec- ‘‘(3) the term ‘destructive device’ has the on land, on water, or through the air),’’; tion 46504 (relating to assault on a flight crew meaning given to that term in section 921(a)(4); (B) in section 2339A, by striking ‘‘1993,’’; and with dangerous weapon), or section 46505(b)(3) ‘‘(4) the term ‘destructive substance’ means an (C) in section 2516(1)(c) by striking ‘‘1992 (re- or (c) (relating to explosive or incendiary de- explosive substance, flammable material, infer- lating to wrecking trains),’’. vices, or endangerment of human life, by means nal machine, or other chemical, mechanical, or SEC. 111. FORFEITURE. of weapons on aircraft)’’ before of ‘‘title 49’’. radioactive device or material, or matter of a Section 981(a)(1)(B)(i) of title 18, United States (e) PARAGRAPH (p) AMENDMENT.—Section combustible, contaminative, corrosive, or explo- Code, is amended by inserting ‘‘trafficking in 2516(1)(p) of title 18, United States Code, is sive nature, except that the term ‘radioactive de- nuclear, chemical, biological, or radiological amended by inserting ‘‘, section 1028A (relating vice’ does not include any radioactive device or weapons technology or material, or’’ after ‘‘in- to aggravated identity theft)’’ after ‘‘other doc- material used solely for medical, industrial, re- volves’’. uments’’. search, or other peaceful purposes; SEC. 112. SECTION 2332b(g)(5)(B) AMENDMENTS (f) PARAGRAPH (q) AMENDMENT.—Section ‘‘(5) the term ‘hazardous material’ has the RELATING TO THE DEFINITION OF 2516(1)(q) of title 18, United States Code, is meaning given to that term in chapter 51 of title FEDERAL CRIME OF TERRORISM. amended— 49; (a) ADDITIONAL OFFENSES.—Section (1) by inserting ‘‘2339’’ after ‘‘2232h’’; ‘‘(6) the term ‘high-level radioactive waste’ 2332b(g)(5)(B) of title 18, United States Code, is (2) by striking ‘‘or’’ before ‘‘2339C’’; and has the meaning given to that term in section amended— (3) by inserting ‘‘, or 2339D’’ after ‘‘2339C’’. 2(12) of the Nuclear Waste Policy Act of 1982 (42 (1) in clause (i), by inserting ‘‘, 2339D (relat- (g) AMENDMENT OF PREDICATE CRIMES FOR U.S.C. 10101(12)); ing to military-type training from a foreign ter- AUTHORIZATION FOR INTERCEPTION OF WIRE, ‘‘(7) the term ‘mass transportation’ has the rorist organization)’’ before ‘‘, or 2340A’’; ORAL, AND ELECTRONIC COMMUNICATIONS.—Sec- meaning given to that term in section 5302(a)(7) (2) in clause (ii), by striking ‘‘or’’ after the tion 2516(1) of title 18, United State Code, is of title 49, except that the term includes school semicolon; amended— bus, charter, and sightseeing transportation and (3) in clause (iii), by striking the period and (1) in subparagraph (q), by striking ‘‘or’’ after passenger vessel as that term is defined in sec- inserting ‘‘; or’’ the semicolon; tion 2101(22) of title 46, United States Code; (4) by inserting after clause (iii) the following: (2) by redesignating subparagraph (r) as sub- ‘‘(8) the term ‘on-track equipment’ means a ‘‘(iv) section 1010A of the Controlled Sub- paragraph (s); and carriage or other contrivance that runs on rails stances Import and Export Act (relating to (3) by adding after subparagraph (q) the fol- or electromagnetic guideways; narco-terrorism).’’. lowing:

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If the trade or commerce in territories or the District of 2709(b) of this title, section 626(a) or (b) or 627(a) recertification that disclosure may endanger the Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3); of the Fair Credit Reporting Act, section national security of the United States or inter- or’’. 1114(a)(5)(A) of the Right to Financial Privacy fere with diplomatic relations is made by the At- SEC. 114. DELAYED NOTICE SEARCH WARRANTS. Act, or section 802(a) of the National Security torney General, Deputy Attorney General, an (a) LIMITATION ON REASONABLE PERIOD FOR Act of 1947 may, in the United States district Assistant Attorney General, or the Director of DELAY.—Section 3103a of title 18, United States court for the district in which that person or en- the Federal Bureau of Investigation, such cer- Code, is amended— tity does business or resides, petition for an tification shall be treated as conclusive unless (1) by striking subsection (b)(3) and inserting order modifying or setting aside the request. The the court finds that the recertification was made the following: court may modify or set aside the request if com- in bad faith. If the court denies a petition for an ‘‘(3) the warrant provides for the giving of pliance would be unreasonable, oppressive, or order modifying or setting aside a nondisclosure such notice within a reasonable period not to otherwise unlawful. requirement under this paragraph, the recipient exceed 30 days after the date of its execution, or ‘‘(b)(1) The recipient of a request for records, shall be precluded for a period of one year from on a later date certain if the facts of the case a report, or other information under section filing another petition to modify or set aside justify a longer period of delay. ’’. 2709(b) of this title, section 626(a) or (b) or 627(a) such nondisclosure requirement. (2) by adding at the end the following: of the Fair Credit Reporting Act, section ‘‘(c) In the case of a failure to comply with a ‘‘(c) EXTENSIONS OF DELAY.—Any period of 1114(a)(5)(A) of the Right to Financial Privacy request for records, a report, or other informa- delay authorized by this section may be ex- Act, or section 802(a) of the National Security tion made to any person or entity under section tended by the court for good cause shown, sub- Act of 1947, may petition any court described in 2709(b) of this title, section 626(a) or (b) or 627(a) ject to the condition that extensions should only subsection (a) for an order modifying or setting of the Fair Credit Reporting Act, section be granted upon an updated showing of the aside a nondisclosure requirement imposed in 1114(a)(5)(A) of the Right to Financial Privacy need for further delay and that each additional connection with such a request. Act, or section 802(a) of the National Security delay should be limited to periods of 90 days or ‘‘(2) If the petition is filed within one year of Act of 1947, the Attorney General may invoke less, unless the facts of the case justify a longer the request for records, a report, or other infor- the aid of any district court of the United States period of delay.’’. mation under section 2709(b) of this title, section within the jurisdiction in which the investiga- (b) LIMITATION ON AUTHORITY TO DELAY NO- 626(a) or (b) or 627(a) of the Fair Credit Report- tion is carried on or the person or entity resides, TICE .—Section 3103a(b)(1) of title 18, United ing Act, section 1114(a)(5)(A) of the Right to Fi- carries on business, or may be found, to compel States Code, is amended by inserting ‘‘, except if nancial Privacy Act, or section 802(a) of the Na- compliance with the request. The court may the adverse results consist only of unduly delay- tional Security Act of 1947, the court may mod- issue an order requiring the person or entity to ing a trial’’ after ‘‘2705’’. ify or set aside such a nondisclosure require- comply with the request. Any failure to obey the (c) ENHANCED OVERSIGHT.—Section 3103a of ment if it finds that there is no reason to believe order of the court may be punished by the court title 18, United States Code, is further amended that disclosure may endanger the national secu- as contempt thereof. Any process under this sec- by adding at the end the following: rity of the United States, interfere with a crimi- tion may be served in any judicial district in ‘‘(d) REPORTS.— nal, counterterrorism, or counterintelligence in- which the person or entity may be found. ‘‘(1) REPORT BY JUDGE.—Not later than 30 vestigation, interfere with diplomatic relations, ‘‘(d) In all proceedings under this section, days after the expiration of a warrant author- or endanger the life or physical safety of any subject to any right to an open hearing in a izing delayed notice (including any extension person. If, at the time of the petition, the Attor- contempt proceeding, the court must close any thereof) entered under this section, or the denial ney General, Deputy Attorney General, an As- hearing to the extent necessary to prevent an of such warrant (or request for extension), the sistant Attorney General, or the Director of the unauthorized disclosure of a request for records, issuing or denying judge shall report to the Ad- Federal Bureau of Investigation, or in the case a report, or other information made to any per- ministrative Office of the United States Courts— of a request by a department, agency, or instru- son or entity under section 2709(b) of this title, ‘‘(A) the fact that a warrant was applied for; mentality of the Federal Government other than section 626(a) or (b) or 627(a) of the Fair Credit ‘‘(B) the fact that the warrant or any exten- the Department of Justice, the head or deputy Reporting Act, section 1114(a)(5)(A) of the Right sion thereof was granted as applied for, was head of such department, agency, or instrumen- to Financial Privacy Act, or section 802(a) of modified, or was denied; tality, certifies that disclosure may endanger the the National Security Act of 1947. Petitions, fil- ‘‘(C) the period of delay in the giving of notice national security of the United States or inter- ings, records, orders, and subpoenas must also authorized by the warrant, and the number and fere with diplomatic relations, such certification be kept under seal to the extent and as long as duration of any extensions; and shall be treated as conclusive unless the court necessary to prevent the unauthorized disclo- ‘‘(D) the offense specified in the warrant or finds that the certification was made in bad sure of a request for records, a report, or other application. faith. information made to any person or entity under ‘‘(2) REPORT BY ADMINISTRATIVE OFFICE OF ‘‘(3) If the petition is filed one year or more section 2709(b) of this title, section 626(a) or (b) THE UNITED STATES COURTS.—Beginning with after the request for records, a report, or other or 627(a) of the Fair Credit Reporting Act, sec- the fiscal year ending September 30, 2007, the information under section 2709(b) of this title, tion 1114(a)(5)(A) of the Right to Financial Pri- Director of the Administrative Office of the section 626(a) or (b) or 627(a) of the Fair Credit vacy Act, or section 802(a) of the National Secu- United States Courts shall transmit to Congress Reporting Act, section 1114 (a)(5)(A) of the rity Act of 1947. annually a full and complete report summa- Right to Financial Privacy Act, or section 802(a) ‘‘(e) In all proceedings under this section, the rizing the data required to be filed with the Ad- of the National Security Act of 1947, the Attor- court shall, upon request of the government, re- ministrative Office by paragraph (1), including ney General, Deputy Attorney General, an As- view ex parte and in camera any government the number of applications for warrants and ex- sistant Attorney General, or the Director of the submission or portions thereof, which may in- tensions of warrants authorizing delayed notice, Federal Bureau of Investigation, or his designee clude classified information.’’. and the number of such warrants and exten- in a position not lower than Deputy Assistant SEC. 116. CONFIDENTIALITY OF NATIONAL SECU- sions granted or denied during the preceding fis- Director at Bureau headquarters or a Special RITY LETTERS. cal year. Agent in Charge in a Bureau field office des- (a) Section 2709(c) of title 18, United States ‘‘(3) REGULATIONS.—The Director of the Ad- ignated by the Director, or in the case of a re- Code, is amended to read: ministrative Office of the United States Courts, quest by a department, agency, or instrumen- ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— in consultation with the Attorney General, is tality of the Federal Government other than the ‘‘(1) If the Director of the Federal Bureau of authorized to issue binding regulations dealing Federal Bureau of Investigation, the head or Investigation, or his designee in a position not with the content and form of the reports re- deputy head of such department, agency, or in- lower than Deputy Assistant Director at Bureau quired to be filed under paragraph (1).’’. strumentality, within ninety days of the filing headquarters or a Special Agent in Charge in a SEC. 115. JUDICIAL REVIEW OF NATIONAL SECU- of the petition, shall either terminate the non- Bureau field office designated by the Director, RITY LETTERS. disclosure requirement or re-certify that disclo- certifies that otherwise there may result a dan- Chapter 223 of title 18, United States Code, is sure may result in a danger to the national se- ger to the national security of the United States, amended— curity of the United States, interference with a interference with a criminal, counterterrorism, (1) by inserting at the end of the table of sec- criminal, counterterrorism, or counterintel- or counterintelligence investigation, interference tions the following new item: ligence investigation, interference with diplo- with diplomatic relations, or danger to the life matic relations, or danger to the life or physical or physical safety of any person, no wire or ‘‘3511. Judicial review of requests for informa- safety of any person. In the event of re-certifi- electronic communications service provider, or tion.’’; cation, the court may modify or set aside such officer, employee, or agent thereof, shall disclose and a nondisclosure requirement if it finds that to any person (other than those to whom such (3) by inserting after section 3510 the fol- there is no reason to believe that disclosure may disclosure is necessary to comply with the re- lowing: endanger the national security of the United quest or an attorney to obtain legal advice or

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00066 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27833 legal assistance with respect to the request) that or counterintelligence activities or analysis re- (e) Section 1114(a)(5)(D) of the Right to Fi- the Federal Bureau of Investigation has sought lated to international terrorism, or his designee, nancial Privacy Act (12 U.S.C. 3414(a)(5)(D)) is or obtained access to information or records certifies that otherwise there may result a dan- amended to read: under this section. ger to the national security of the United States, ‘‘(D) PROHIBITION OF CERTAIN DISCLOSURE.— ‘‘(2) The request shall notify the person or en- interference with a criminal, counterterrorism, ‘‘(i) If the Director of the Federal Bureau of tity to whom the request is directed of the non- or counterintelligence investigation, interference Investigation, or his designee in a position not disclosure requirement under paragraph (1). with diplomatic relations, or danger to the life lower than Deputy Assistant Director at Bureau ‘‘(3) Any recipient disclosing to those persons or physical safety of any person, no consumer headquarters or a Special Agent in Charge in a necessary to comply with the request or to an reporting agency or officer, employee, or agent Bureau field office designated by the Director, attorney to obtain legal advice or legal assist- of such consumer reporting agency, shall dis- certifies that otherwise there may result a dan- ance with respect to the request shall inform close to any person (other than those to whom ger to the national security of the United States, such person of any applicable nondisclosure re- such disclosure is necessary to comply with the interference with a criminal, counterterrorism, quirement. Any person who receives a disclosure request or an attorney to obtain legal advice or or counterintelligence investigation, interference under this subsection shall be subject to the legal assistance with respect to the request), or with diplomatic relations, or danger to the life same prohibitions on disclosure under para- specify in any consumer report, that a govern- or physical safety of any person, no financial graph (1). ment agency has sought or obtained access to institution, or officer, employee, or agent of ‘‘(4) At the request of the Director of the Fed- information under subsection (a). such institution, shall disclose to any person eral Bureau of Investigation or the designee of ‘‘(2) The request shall notify the person or en- (other than those to whom such disclosure is the Director, any person making or intending to tity to whom the request is directed of the non- necessary to comply with the request or an at- make a disclosure under this section shall iden- disclosure requirement under paragraph (1). torney to obtain legal advice or legal assistance tify to the Director or such designee the person ‘‘(3) Any recipient disclosing to those persons with respect to the request) that the Federal Bu- to whom such disclosure will be made or to necessary to comply with the request or to any reau of Investigation has sought or obtained ac- whom such disclosure was made prior to the re- attorney to obtain legal advice or legal assist- cess to a customer’s or entity’s financial records quest, but in no circumstance shall a person be ance with respect to the request shall inform under subparagraph (A). required to inform the Director or such designee such persons of any applicable nondisclosure re- ‘‘(ii) The request shall notify the person or en- that the person intends to consult an attorney quirement. Any person who receives a disclosure tity to whom the request is directed of the non- to obtain legal advice or legal assistance.’’. under this subsection shall be subject to the disclosure requirement under clause (i). (b) Section 626(d) of the Fair Credit Reporting same prohibitions on disclosure under para- ‘‘(iii) Any recipient disclosing to those persons Act (15 U.S.C. 1681u(d)) is amended to read: graph (1). necessary to comply with the request or to an ‘‘(4) At the request of the authorized Govern- ‘‘(d) CONFIDENTIALITY.— attorney to obtain legal advice or legal assist- ‘‘(1) If the Director of the Federal Bureau of ment agency, any person making or intending to ance with respect to the request shall inform Investigation, or his designee in a position not make a disclosure under this section shall iden- such persons of any applicable nondisclosure re- lower than Deputy Assistant Director at Bureau tify to the requesting official of the authorized quirement. Any person who receives a disclosure headquarters or a Special Agent in Charge in a Government agency the person to whom such under this subsection shall be subject to the Bureau field office designated by the Director, disclosure will be made or to whom such disclo- same prohibitions on disclosure under clause (i). certifies that otherwise there may result a dan- sure was made prior to the request, but in no ‘‘(iv) At the request of the Director of the Fed- ger to the national security of the United States, circumstance shall a person be required to in- eral Bureau of Investigation or the designee of interference with a criminal, counterterrorism, form such requesting official that the person in- the Director, any person making or intending to or counterintelligence investigation, interference tends to consult an attorney to obtain legal ad- make a disclosure under this section shall iden- with diplomatic relations, or danger to the life vice or legal assistance.’’. tify to the Director or such designee the person or physical safety of any person, no consumer (d) Section 1114(a)(3) of the Right to Financial to whom such disclosure will be made or to reporting agency or officer, employee, or agent Privacy Act (12 U.S.C. 3414(a)(3)) is amended to whom such disclosure was made prior to the re- of a consumer reporting agency shall disclose to read as follows: quest, but in no circumstance shall a person be any person (other than those to whom such dis- ‘‘(3)(A) If the Government authority described required to inform the Director or such designee closure is necessary to comply with the request in paragraph (1) or the Secret Service, as the that the person intends to consult an attorney or an attorney to obtain legal advice or legal as- case may be, certifies that otherwise there may to obtain legal advice or legal assistance.’’. sistance with respect to the request) that the result a danger to the national security of the (f) Section 802(b) of the National Security Act Federal Bureau of Investigation has sought or United States, interference with a criminal, of 1947 (50 U.S.C. 436(b)) is amended to read as obtained the identity of financial institutions or counterterrorism, or counterintelligence inves- follows: a consumer report respecting any consumer tigation, interference with diplomatic relations, ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— under subsection (a), (b), or (c), and no con- or danger to the life or physical safety of any ‘‘(1) If an authorized investigative agency de- sumer reporting agency or officer, employee, or person, no financial institution, or officer, em- scribed in subsection (a) certifies that otherwise agent of a consumer reporting agency shall in- ployee, or agent of such institution, shall dis- there may result a danger to the national secu- clude in any consumer report any information close to any person (other than those to whom rity of the United States, interference with a that would indicate that the Federal Bureau of such disclosure is necessary to comply with the criminal, counterterrorism, or counterintel- Investigation has sought or obtained such infor- request or an attorney to obtain legal advice or ligence investigation, interference with diplo- mation on a consumer report. legal assistance with respect to the request) that ‘‘(2) The request shall notify the person or en- the Government authority or the Secret Service matic relations, or danger to the life or physical tity to whom the request is directed of the non- has sought or obtained access to a customer’s fi- safety of any person, no governmental or pri- disclosure requirement under paragraph (1). nancial records. vate entity, or officer, employee, or agent of ‘‘(3) Any recipient disclosing to those persons ‘‘(B) The request shall notify the person or such entity, may disclose to any person (other necessary to comply with the request or to an entity to whom the request is directed of the than those to whom such disclosure is necessary attorney to obtain legal advice or legal assist- nondisclosure requirement under subparagraph to comply with the request or an attorney to ob- ance with respect to the request shall inform (A). tain legal advice or legal assistance with respect such persons of any applicable nondisclosure re- ‘‘(C) Any recipient disclosing to those persons to the request) that such entity has received or quirement. Any person who receives a disclosure necessary to comply with the request or to an satisfied a request made by an authorized inves- under this subsection shall be subject to the attorney to obtain legal advice or legal assist- tigative agency under this section. same prohibitions on disclosure under para- ance with respect to the request shall inform ‘‘(2) The request shall notify the person or en- graph (1). such persons of any applicable nondisclosure re- tity to whom the request is directed of the non- ‘‘(4) At the request of the Director of the Fed- quirement. Any person who receives a disclosure disclosure requirement under paragraph (1). eral Bureau of Investigation or the designee of under this subsection shall be subject to the ‘‘(3) Any recipient disclosing to those persons the Director, any person making or intending to same prohibitions on disclosure under subpara- necessary to comply with the request or to an make a disclosure under this section shall iden- graph (A). attorney to obtain legal advice or legal assist- tify to the Director or such designee the person ‘‘(D) At the request of the authorized Govern- ance with respect to the request shall inform to whom such disclosure will be made or to ment agency or the Secret Service, any person such persons of any applicable nondisclosure re- whom such disclosure was made prior to the re- making or intending to make a disclosure under quirement. Any person who receives a disclosure quest, but in no circumstance shall a person be this section shall identify to the requesting offi- under this subsection shall be subject to the required to inform the Director or such designee cial of the authorized Government agency or the same prohibitions on disclosure under para- that the person intends to consult an attorney Secret Service the person to whom such disclo- graph (1). to obtain legal advice or legal assistance.’’. sure will be made or to whom such disclosure ‘‘(4) At the request of the authorized inves- (c) Section 626(c) of the Fair Credit Reporting was made prior to the request, but in no cir- tigative agency, any person making or intending Act (15 U.S.C. 1681v(c)) is amended to read: cumstance shall a person be required to inform to make a disclosure under this section shall ‘‘(c) CONFIDENTIALITY.— such requesting official that the person intends identify to the requesting official of the author- ‘‘(1) If the head of a government agency au- to consult an attorney to obtain legal advice or ized investigative agency the person to whom thorized to conduct investigations of intelligence legal assistance.’’. such disclosure will be made or to whom such

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00067 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27834 CONGRESSIONAL RECORD—HOUSE December 8, 2005 disclosure was made prior to the request, but in (E) section 627 of the Fair Credit Reporting requests for information under section 2709 of no circumstance shall a person be required to in- Act (15 U.S.C. 1681v) (to obtain credit agency title 18, United States Code, including the types form such official that the person intends to consumer records for counterterrorism investiga- of dialing, routing, addressing, or signaling in- consult an attorney to obtain legal advice or tions). formation obtained, and the procedures the De- legal assistance.’’. (2) UNCLASSIFIED FORM.—The report under partment of Justice uses if content information SEC. 117. VIOLATIONS OF NONDISCLOSURE PRO- this section shall be submitted in unclassified is obtained through the use of such authority. VISIONS OF NATIONAL SECURITY form. (c) SUBMISSION DATES.— LETTERS. (d) NATIONAL SECURITY LETTER DEFINED.—In (1) PRIOR YEARS.—Not later than one year Section 1510 of title 18, United States Code, is this section, the term ‘‘national security letter’’ after the date of the enactment of this Act, or amended by adding at the end the following: means a request for information under one of upon completion of the audit under this section ‘‘(e) Whoever, having been notified of the ap- the following provisions of law: for calendar years 2003 and 2004, whichever is plicable disclosure prohibitions or confiden- (1) Section 2709(a) of title 18, United States earlier, the Inspector General of the Department tiality requirements of section 2709(c)(1) of this Code (to access certain communication service of Justice shall submit to the Committee on the title, section 626(d)(1) or 627(c)(1) of the Fair provider records). Judiciary and the Permanent Select Committee Credit Reporting Act (15 U.S.C. 1681u(d)(1) or (2) Section 1114(a)(5)(A) of the Right to Fi- on Intelligence of the House of Representatives 1681v(c)(1)), section 1114(a)(3)(A) or nancial Privacy Act (12 U.S.C. 3414(a)(5)(A)) (to and the Committee on the Judiciary and the Se- 1114(a)(5)(D)(i) of the Right to Financial Pri- obtain financial institution customer records). lect Committee on Intelligence of the Senate a vacy Act (12 U.S.C. 3414(a)(3)(A) or (3) Section 802 of the National Security Act of report containing the results of the audit con- 3414(a)(5)(D)(i)), or section 802(b)(1) of the Na- 1947 (50 U.S.C. 436) (to obtain financial informa- ducted under this subsection for calendar years tional Security Act of 1947 (50 U.S.C. 436(b)(1)), tion, records, and consumer reports). 2003 and 2004. knowingly and with the intent to obstruct an (4) Section 626 of the Fair Credit Reporting (2) CALENDAR YEARS 2005 AND 2006.—Not later investigation or judicial proceeding violates Act (15 U.S.C. 1681u) (to obtain certain finan- than December 31, 2007, or upon completion of such prohibitions or requirements applicable by cial information and consumer reports). the audit under this subsection for calendar law to such person shall be imprisoned for not (5) Section 627 of the Fair Credit Reporting years 2005 and 2006, whichever is earlier, the In- more than five years, fined under this title, or Act (15 U.S.C. 1681v) (to obtain credit agency spector General of the Department of Justice both.’’. consumer records for counterterrorism investiga- shall submit to the Committee on the Judiciary SEC. 118. REPORTS ON NATIONAL SECURITY LET- tions). and the Permanent Select Committee on Intel- TERS. ligence of the House of Representatives and the (a) EXISTING REPORTS.—Any report made to a SEC. 119. AUDIT OF USE OF NATIONAL SECURITY Committee on the Judiciary and the Select Com- committee of Congress regarding national secu- LETTERS. mittee on Intelligence of the Senate a report rity letters under section 2709(c)(1) of title 18, (a) AUDIT.—The Inspector General of the De- containing the results of the audit conducted United States Code, sections 626(d) or 627(c) of partment of Justice shall perform an audit of under this subsection for calendar years 2005 the Fair Credit Reporting Act (15 U.S.C. the effectiveness and use, including any im- and 2006. 1681u(d) or 1681v(c)), section 1114(a)(3) or proper or illegal use, of national security letters (d) PRIOR NOTICE TO ATTORNEY GENERAL AND 1114(a)(5)(D) of the Right to Financial Privacy issued by the Department of Justice. DIRECTOR OF NATIONAL INTELLIGENCE; COM- Act (12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or (b) REQUIREMENTS.—The audit required under MENTS.— section 802(b) of the National Security Act of subsection (a) shall include— (1) an examination of the use of national se- (1) NOTICE.—Not less than 30 days before the 1947 (50 U.S.C. 436(b)) shall also be made to the submission of a report under subsections (c)(1) Committees on the Judiciary of the House of curity letters by the Department of Justice dur- ing calendar years 2003 through 2006; or (c)(2), the Inspector General of the Depart- Representatives and the Senate. ment of Justice shall provide such report to the (b) ENHANCED OVERSIGHT OF FAIR CREDIT RE- (2) a description of any noteworthy facts or Attorney General and the Director of National PORTING ACT COUNTERTERRORISM NATIONAL SE- circumstances relating to such use, including Intelligence. CURITY LETTER.—Section 627 of the Fair Credit any improper or illegal use of such authority; (2) COMMENTS.—The Attorney General or the Reporting Act (15 U.S.C. 1681(v)) is amended by and Director of National Intelligence may provide inserting at the end the following new sub- (3) an examination of the effectiveness of na- comments to be included in the reports sub- section: tional security letters as an investigative tool, mitted under subsections (c)(1) or (c)(2) as the ‘‘(f) REPORTS TO CONGRESS.—(1) On a semi- including— Attorney General or the Director of National In- annual basis, the Attorney General shall fully (A) the importance of the information ac- telligence may consider necessary. inform the Committee on the Judiciary, the quired by the Department of Justice to the intel- (e) UNCLASSIFIED FORM.—The reports sub- Committee on Financial Services, and the Per- ligence activities of the Department of Justice or mitted under subsections (c)(1) or (c)(2) and any manent Select Committee on Intelligence of the to any other department or agency of the Fed- comments included under subsection (d)(2) shall House of Representatives and the Committee on eral Government; be in unclassified form, but may include a clas- the Judiciary, the Committee on Banking, Hous- (B) the manner in which such information is sified annex. ing, and Urban Affairs, and the Select Com- collected, retained, analyzed, and disseminated (f) MINIMIZATION PROCEDURES FEASIBILITY.— mittee on Intelligence of the Senate concerning by the Department of Justice, including any di- Not later than February 1, 2007, or upon com- all requests made pursuant to subsection (a). rect access to such information (such as access ‘‘(2) In the case of the semiannual reports re- pletion of review of the report submitted under to ‘‘raw data’’) provided to any other depart- subsection (c)(1), whichever is earlier, the Attor- quired to be submitted under paragraph (1) to ment, agency, or instrumentality of Federal, the Permanent Select Committee on Intelligence ney General and the Director of National Intel- State, local, or tribal governments or any pri- ligence shall jointly submit to the Committee on of the House of Representatives and the Select vate sector entity; Committee on Intelligence of the Senate, the the Judiciary and the Permanent Select Com- (C) whether, and how often, the Department mittee on Intelligence of the House of Represent- submittal dates for such reports shall be as pro- of Justice utilized such information to produce vided in section 507 of the National Security Act atives and the Committee on the Judiciary and an analytical intelligence product for distribu- the Select Committee on Intelligence of the Sen- of 1947 (50 U.S.C. 415b).’’. tion within the Department of Justice, to the in- (c) REPORT ON REQUESTS FOR NATIONAL SECU- ate a report on the feasibility of applying mini- telligence community (as such term is defined in RITY LETTERS.— mization procedures in the context of national section 3(4) of the National Security Act of 1947 (1) IN GENERAL.—In April of each year, the security letters to ensure the protection of the Attorney General shall submit to Congress an (50 U.S.C. 401a(4))), or to other Federal, State, constitutional rights of United States persons. aggregate report setting forth with respect to the local, or tribal government departments, agen- (g) NATIONAL SECURITY LETTER DEFINED.—In preceding year the total number of requests cies, or instrumentalities; this section, the term ‘‘national security letter’’ made by the Department of Justice for informa- (D) whether, and how often, the Department means a request for information under one of tion concerning different United States persons of Justice provided such information to law en- the following provisions of law: under— forcement authorities for use in criminal pro- (1) Section 2709(a) of title 18, United States (A) section 2709 of title 18, United States Code ceedings; Code (to access certain communication service (to access certain communication service pro- (E) with respect to national security letters provider records). vider records), excluding the number of requests issued following the date of the enactment of (2) Section 1114(a)(5)(A) of the Right to Fi- for subscriber information; this Act, an examination of the number of occa- nancial Privacy Act (12 U.S.C. 3414(a)(5)(A)) (to (B) section 1114 of the Right to Financial Pri- sions in which the Department of Justice, or an obtain financial institution customer records). vacy Act (12 U.S.C. 3414) (to obtain financial in- officer or employee of the Department of Justice, (3) Section 802 of the National Security Act of stitution customer records); issued a national security letter without the cer- 1947 (50 U.S.C. 436) (to obtain financial informa- (C) section 802 of the National Security Act of tification necessary to require the recipient of tion, records, and consumer reports). 1947 (50 U.S.C. 436) (to obtain financial informa- such letter to comply with the nondisclosure (4) Section 626 of the Fair Credit Reporting tion, records, and consumer reports); and confidentiality requirements potentially ap- Act (15 U.S.C. 1681u) (to obtain certain finan- (D) section 626 of the Fair Credit Reporting plicable under law; and cial information and consumer reports). Act (15 U.S.C. 1681u) (to obtain certain finan- (F) the types of electronic communications (5) Section 627 of the Fair Credit Reporting cial information and consumer reports); and and transactional information obtained through Act (15 U.S.C. 1681v) (to obtain credit agency

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00068 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27835 consumer records for counterterrorism investiga- bacco in excess of 500 single-unit consumer-sized tween points in the same State but through any tions). cans or packages,’’ before ‘‘in a single trans- place outside the State.’’. SEC. 120. DEFINITION FOR FORFEITURE PROVI- action’’. (d) DISPOSAL OR USE OF FORFEITED CIGA- SIONS UNDER SECTION 806 OF THE (4) Section 2344(c) of that title is amended by RETTES AND SMOKELESS TOBACCO.—Section USA PATRIOT ACT. inserting ‘‘or contraband smokeless tobacco’’ 2344(c) of that title, as amended by this section, Section 981(a)(1)(G) of title 18, United States after ‘‘contraband cigarettes’’. is further amended by striking ‘‘seizure and for- Code, is amended— (5) Section 2345 of that title is amended by in- feiture,’’ and all that follows and inserting ‘‘ (1) in clause (i), by striking ‘‘act of inter- serting ‘‘or smokeless tobacco’’ after ‘‘ciga- ‘‘seizure and forfeiture. The provisions of chap- national or domestic terrorism (as defined in rettes’’ each place it appears. ter 46 of title 18 relating to civil forfeitures shall section 2331)’’ and inserting ‘‘any Federal crime (6) Section 2341 of that title is further amend- extend to any seizure or civil forfeiture under of terrorism (as defined in section 2332b(g)(5))’’; ed in paragraph (2), as amended by subsection this section. Any cigarettes or smokeless tobacco (2) in clause (ii), by striking ‘‘an act of inter- (a)(1) of this section, in the matter preceding so seized and forfeited shall be either— national or domestic terrorism (as defined in subparagraph (A), by striking ‘‘State cigarette ‘‘(1) destroyed and not resold; or section 2331)’’ with ‘‘any Federal crime of ter- taxes in the State where such cigarettes are ‘‘(2) used for undercover investigative oper- rorism (as defined in section 2332b(g)(5)’’; and found, if the State’’ and inserting ‘‘State or ations for the detection and prosecution of (3) in clause (iii), by striking ‘‘act of inter- local cigarette taxes in the State or locality crimes, and then destroyed and not resold.’’. national or domestic terrorism (as defined in where such cigarettes are found, if the State or (e) EFFECT ON STATE AND LOCAL LAW.—Sec- section 2331)’’ and inserting ‘‘Federal crime of local government’’. tion 2345 of that title is amended— terrorism (as defined in section 2332b(g)(5))’’. (c) RECORDKEEPING, REPORTING, AND INSPEC- (1) in subsection (a), by striking ‘‘a State to SEC. 121. PENAL PROVISIONS REGARDING TRAF- TION.—Section 2343 of that title, as amended by enact and enforce’’ and inserting ‘‘a State or FICKING IN CONTRABAND CIGA- this section, is further amended— local government to enact and enforce its own’’; RETTES OR SMOKELESS TOBACCO. (1) in subsection (a)— and (a) THRESHOLD QUANTITY FOR TREATMENT AS (A) in the matter preceding paragraph (1), by (2) in subsection (b), by striking ‘‘of States, CONTRABAND CIGARETTES.—(1) Section 2341(2) of striking ‘‘only—’’ and inserting ‘‘such informa- through interstate compact or otherwise, to pro- title 18, United States Code, is amended by strik- tion as the Attorney General considers appro- vide for the administration of State’’ and insert- ing ‘‘60,000 cigarettes’’ and inserting ‘‘10,000 priate for purposes of enforcement of this chap- ing ‘‘of State or local governments, through cigarettes’’. ter, including—’’; and interstate compact or otherwise, to provide for (2) Section 2342(b) of that title is amended by (B) in the flush matter following paragraph the administration of State or local’’. striking ‘‘60,000’’ and inserting ‘‘10,000’’. (3), by striking the second sentence; (f) ENFORCEMENT.—Section 2346 of that title is (3) Section 2343 of that title is amended— (2) by redesignating subsection (b) as sub- amended— (A) in subsection (a), by striking ‘‘60,000’’ and section (c); (1) by inserting ‘‘(a)’’ before ‘‘The Attorney inserting ‘‘10,000’’; and (3) by inserting after subsection (a) the fol- General’’; and (B) in subsection (b), by striking ‘‘60,000’’ and lowing new subsection (b): inserting ‘‘10,000’’. ‘‘(b) Any person, except for a tribal govern- (2) by adding at the end the following new (b) CONTRABAND SMOKELESS TOBACCO.—(1) ment, who engages in a delivery sale, and who subsection: Section 2341 of that title is amended— ships, sells, or distributes any quantity in excess ‘‘(b)(1) A State, through its attorney general, (A) in paragraph (4), by striking ‘‘and’’ at the of 10,000 cigarettes, or any quantity in excess of a local government, through its chief law en- end; 500 single-unit consumer-sized cans or packages forcement officer (or a designee thereof), or any (B) in paragraph (5), by striking the period at of smokeless tobacco, or their equivalent, within person who holds a permit under chapter 52 of the end and inserting a semicolon; and a single month, shall submit to the Attorney the Internal Revenue Code of 1986, may bring (C) by adding at the end the following new General, pursuant to rules or regulations pre- an action in the United States district courts to paragraphs: scribed by the Attorney General, a report that prevent and restrain violations of this chapter ‘‘(6) the term ‘smokeless tobacco’ means any sets forth the following: by any person (or by any person controlling finely cut, ground, powdered, or leaf tobacco ‘‘(1) The person’s beginning and ending in- such person), except that any person who holds that is intended to be placed in the oral or nasal ventory of cigarettes and cans or packages of a permit under chapter 52 of the Internal Rev- cavity or otherwise consumed without being smokeless tobacco (in total) for such month. enue Code of 1986 may not bring such an action combusted; ‘‘(2) The total quantity of cigarettes and cans against a State or local government. No civil ac- ‘‘(7) the term ‘contraband smokeless tobacco’ or packages of smokeless tobacco that the person tion may be commenced under this paragraph means a quantity in excess of 500 single-unit received within such month from each other per- against an Indian tribe or an Indian in Indian consumer-sized cans or packages of smokeless son (itemized by name and address). country (as defined in section 1151). tobacco, or their equivalent, that are in the pos- ‘‘(3) The total quantity of cigarettes and cans ‘‘(2) A State, through its attorney general, or session of any person other than— or packages of smokeless tobacco that the person a local government, through its chief law en- ‘‘(A) a person holding a permit issued pursu- distributed within such month to each person forcement officer (or a designee thereof), may in ant to chapter 52 of the Internal Revenue Code (itemized by name and address) other than a re- a civil action under paragraph (1) also obtain of 1986 as manufacturer of tobacco products or tail purchaser.’’; and any other appropriate relief for violations of as an export warehouse proprietor, a person op- (4) by adding at the end the following new this chapter from any person (or by any person erating a customs bonded warehouse pursuant subsections: controlling such person), including civil pen- to section 311 or 555 of the Tariff Act of 1930 (19 ‘‘(d) Any report required to be submitted alties, money damages, and injunctive or other U.S.C. 1311, 1555), or an agent of such person; under this chapter to the Attorney General shall equitable relief. Nothing in this chapter shall be ‘‘(B) a common carrier transporting such also be submitted to the Secretary of the Treas- deemed to abrogate or constitute a waiver of smokeless tobacco under a proper bill of lading ury and to the attorneys general and the tax any sovereign immunity of a State or local gov- or freight bill which states the quantity, source, administrators of the States from where the ernment, or an Indian tribe against any and designation of such smokeless tobacco; shipments, deliveries, or distributions both origi- unconsented lawsuit under this chapter, or oth- ‘‘(C) a person who— nated and concluded. erwise to restrict, expand, or modify any sov- ‘‘(i) is licensed or otherwise authorized by the ‘‘(e) In this section, the term ‘delivery sale’ ereign immunity of a State or local government, State where such smokeless tobacco is found to means any sale of cigarettes or smokeless to- or an Indian tribe. engage in the business of selling or distributing bacco in interstate commerce to a consumer if— ‘‘(3) The remedies under paragraphs (1) and tobacco products; and ‘‘(1) the consumer submits the order for such (2) are in addition to any other remedies under ‘‘(ii) has complied with the accounting, tax, sale by means of a telephone or other method of Federal, State, local, or other law. and payment requirements relating to such li- voice transmission, the mails, or the Internet or ‘‘(4) Nothing in this chapter shall be con- cense or authorization with respect to such other online service, or by any other means strued to expand, restrict, or otherwise modify smokeless tobacco; or where the consumer is not in the same physical any right of an authorized State official to pro- ‘‘(D) an officer, employee, or agent of the location as the seller when the purchase or offer ceed in State court, or take other enforcement United States or a State, or any department, of sale is made; or actions, on the basis of an alleged violation of agency, or instrumentality of the United States ‘‘(2) the cigarettes or smokeless tobacco are de- State or other law. or a State (including any political subdivision of livered by use of the mails, common carrier, pri- ‘‘(5) Nothing in this chapter shall be con- a State), having possession of such smokeless to- vate delivery service, or any other means where strued to expand, restrict, or otherwise modify bacco in connection with the performance of of- the consumer is not in the same physical loca- any right of an authorized local government of- ficial duties;’’. tion as the seller when the consumer obtains ficial to proceed in State court, or take other en- (2) Section 2342(a) of that title is amended by physical possession of the cigarettes or smoke- forcement actions, on the basis of an alleged inserting ‘‘or contraband smokeless tobacco’’ less tobacco. violation of local or other law.’’. after ‘‘contraband cigarettes’’. ‘‘(f) In this section, the term ‘interstate com- (g) CONFORMING AND CLERICAL AMEND- (3) Section 2343(a) of that title is amended by merce’ means commerce between a State and MENTS.—(1) The section heading for section 2343 inserting ‘‘, or any quantity of smokeless to- any place outside the State, or commerce be- of that title is amended to read as follows:

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00069 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27836 CONGRESSIONAL RECORD—HOUSE December 8, 2005 ‘‘§ 2343. Recordkeeping, reporting, and inspec- tricts, commonwealths, territories, or posses- includes any fire vehicle, fire fighting tool, com- tion’’. sions); or munications equipment, protective gear, fire (2) The section heading for section 2345 of ‘‘(5) after the conduct required for the offense hose, or breathing apparatus. such title is amended to read as follows: occurs an offender is brought into or found in (3) QUALIFIED FIRE CONTROL OR RESCUE the United States, even if the conduct required EQUIPMENT.—The term ‘‘qualified fire control or . ‘‘§ 2345. Effect on State and local law’’ for the offense occurs outside the United States. rescue equipment’’ means fire control or fire res- (3) The table of sections at the beginning of ‘‘Proof Requirements cue equipment that has been recertified by an chapter 114 of that title is amended— authorized technician as meeting the manufac- ‘‘(c) To violate subsection (a), a person must (A) by striking the item relating to section turer’s specifications. have knowledge that the person or organization 2343 and inserting the following new item: (4) STATE.—The term ‘‘State’’ includes the has engaged or engages in terrorist activity (as ‘‘2343. Recordkeeping, reporting, and inspec- several States, the District of Columbia, the defined in section 212(a)(3)(B) of the Immigra- tion.’’; Commonwealth of Puerto Rico, the Common- tion and Nationality Act) or terrorism (as de- and wealth of the Northern Mariana Islands, Amer- fined in section 140(d)(2) of the Foreign Rela- (B) by striking the item relating to section ican Samoa, Guam, the Virgin Islands, any tions Authorization Act, Fiscal Years 1988 and 2345 and insert the following new item: other territory or possession of the United 1989). ‘‘2345. Effect on State and local law.’’. States, and any political subdivision of any (4)(A) The heading for chapter 114 of that title ‘‘Definition such State, territory, or possession. is amended to read as follows: ‘‘(d) As used in this section, the term ‘any- (5) VOLUNTEER FIRE COMPANY.—The term ‘‘CHAPTER 114—TRAFFICKING IN CONTRA- thing of pecuniary value’ has the meaning given ‘‘volunteer fire company’’ means an association BAND CIGARETTES AND SMOKELESS TO- the term in section 1958(b)(1) of title 18, United of individuals who provide fire protection and BACCO’’. States Code.’’. other emergency services, where at least 30 per- (B) The table of chapters at the beginning of SEC. 123. INTERFERING WITH THE OPERATION OF cent of the individuals receive little or no com- part I of that title is amended by striking the AN AIRCRAFT. pensation compared with an entry level full- item relating to section 114 and inserting the fol- Section 32 of title 18, United States Code, is time paid individual in that association or in lowing new item: amended— the nearest such association with an entry level (1) in subsection (a), by redesignating para- full-time paid individual. ‘‘114. Trafficking in contraband ciga- graphs (5), (6), and (7) as paragraphs (6), (7), (6) AUTHORIZED TECHNICIAN.—The term ‘‘au- rettes and smokeless tobacco ...... 2341.’’. and (8) respectively; thorized technician’’ means a technician who SEC. 122. PROHIBITION OF NARCO-TERRORISM. (2) by inserting after paragraph (4) of sub- has been certified by the manufacturer of fire Part A of the Controlled Substance Import section (a), the following: control or fire rescue equipment to inspect such and Export Act (21 U.S.C. 951 et seq.) is amend- ‘‘(5) interferes with or disables, with intent to equipment. The technician need not be employed ed by inserting after section 1010 the following: endanger the safety of any person or with a by the State or local agency administering the ‘‘FOREIGN TERRORIST ORGANIZATIONS, TERRORIST reckless disregard for the safety of human life, distribution of the fire control or fire rescue PERSONS AND GROUPS anyone engaged in the authorized operation of equipment. such aircraft or any air navigation facility aid- (e) EFFECTIVE DATE.—This section applies ‘‘Prohibited Acts ing in the navigation of any such aircraft;’’; only to liability for injury, damage, loss, or ‘‘SEC. 1010A. (a) Whoever engages in conduct (3) in subsection (a)(8), by striking ‘‘para- death caused by equipment that, for purposes of that would be punishable under section 841(a) graphs (1) through (6)’’ and inserting ‘‘para- subsection (a), is donated on or after the date of this title if committed within the jurisdiction graphs (1) through (7)’’; and that is 30 days after the date of the enactment of the United States, or attempts or conspires to (4) in subsection (c), by striking ‘‘paragraphs of this section. do so, knowing or intending to provide, directly (1) through (5)’’ and inserting ‘‘paragraphs (1) SEC. 126. REPORT ON DATA-MINING ACTIVITIES. or indirectly, anything or pecuniary value to through (6)’’. (a) REPORT.—Not later than one year after any person or organization that has engaged or SEC. 124. SENSE OF CONGRESS RELATING TO the date of the enactment of this Act, the Attor- engages in terrorist activity (as defined in sec- LAWFUL POLITICAL ACTIVITY. ney General shall submit to Congress a report tion 212(a)(3)(B) of the Immigration and Nation- It is the sense of Congress that government on any initiative of the Department of Justice ality Act) or terrorism (as defined in section should not investigate an American citizen sole- that uses or is intended to develop pattern-based 140(d)(2) of the Foreign Relations Authorization ly on the basis of the citizen’s membership in a data-mining technology, including, for each Act, Fiscal Years 1988 and 1989), shall be sen- non-violent political organization or the fact such initiative, the following information: tenced to a term of imprisonment of not less that the citizen was engaging in other lawful (1) A thorough description of the pattern- than twice the minimum punishment under sec- political activity. based data-mining technology consistent with tion 841(b)(1), and not more than life, a fine in SEC. 125. REMOVAL OF CIVIL LIABILITY BAR- the protection of existing patents, proprietary accordance with the provisions of title 18, RIERS THAT DISCOURAGE THE DO- business processes, trade secrets, and intel- United States Code, or both. Notwithstanding NATION OF FIRE EQUIPMENT TO ligence sources and methods. section 3583 of title 18, United States Code, any VOLUNTEER FIRE COMPANIES. (2) A thorough discussion of the plans for the sentence imposed under this subsection shall in- (a) LIABILITY PROTECTION.—A person who do- use of such technology and the target dates for clude a term of supervised release of at least 5 nates qualified fire control or rescue equipment the deployment of the pattern-based data-min- years in addition to such term of imprisonment. to a volunteer fire company shall not be liable ing technology. ‘‘Jurisdiction for civil damages under any State or Federal (3) An assessment of the likely efficacy of the law for personal injuries, property damage or pattern-based data-mining technology quality ‘‘(b) There is jurisdiction over an offense loss, or death caused by the equipment after the assurance controls to be used in providing accu- under this section if— donation. rate and valuable information consistent with ‘‘(1) the prohibited drug activity or the ter- (b) EXCEPTIONS.—Subsection (a) does not the stated plans for the use of the technology. rorist offense is in violation of the criminal laws apply to a person if— (4) An assessment of the likely impact of the of the United States; (1) the person’s act or omission causing the in- implementation of the pattern-based data-min- ‘‘(2) the offense, the prohibited drug activity, jury, damage, loss, or death constitutes gross ing technology on privacy and civil liberties. or the terrorist offense occurs in or affects inter- negligence or intentional misconduct; or (5) A list and analysis of the laws and regula- state or foreign commerce; (2) the person is the manufacturer of the tions applicable to the Department of Justice ‘‘(3) an offender provides anything of pecu- qualified fire control or rescue equipment. that govern the application of the pattern-based niary value for a terrorist offense that causes or (3) the person or agency modified or altered data-mining technology to the information to be is designed to cause death or serious bodily in- the equipment after it had been recertified by an collected, reviewed, gathered, and analyzed jury to a national of the United States while authorized technician as meeting the manufac- with the pattern-based data-mining technology. that national is outside the United States, or turer’s specifications. (6) A thorough discussion of the policies, pro- substantial damage to the property of a legal (c) PREEMPTION.—This section preempts the cedures, and guidelines of the Department of entity organized under the laws of the United laws of any State to the extent that such laws Justice that are to be developed and applied in States (including any of its States, districts, are inconsistent with this section, except that the use of such technology for pattern-based commonwealths, territories, or possessions) notwithstanding subsection (b) this section shall data-mining in order to— while that property is outside of the United not preempt any State law that provides addi- (A) protect the privacy and due process rights States; tional protection from liability for a person who of individuals; and ‘‘(4) the offense or the prohibited drug activity donates fire control or fire rescue equipment to (B) ensure that only accurate information is occurs in whole or in part outside of the United a volunteer fire company. collected and used or account for the possibility States (including on the high seas), and a per- (d) DEFINITIONS.—In this section: of inaccuracy in that information and guard petrator of the offense or the prohibited drug ac- (1) PERSON.—The term ‘‘person’’ includes any against harmful consequences of potential inac- tivity is a national of the United States or a governmental or other entity. curacies. legal entity organized under the laws of the (2) FIRE CONTROL OR RESCUE EQUIPMENT.— (7) Any necessary classified information in an United States (including any of its States, dis- The term ‘‘fire control or fire rescue equipment’’ annex that shall be available consistent with

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27837 national security to the Committee on the Judi- nications to or from the service covered by the Subtitle B—Federal Death Penalty Procedures ciary of both the Senate and the House of Rep- order— SEC. 221. ELIMINATION OF PROCEDURES APPLI- resentatives. ‘‘(I) the name of such customer or subscriber; CABLE ONLY TO CERTAIN CON- (b) DEFINITIONS.—In this section: ‘‘(II) the address of such customer or sub- TROLLED SUBSTANCES ACT CASES. (1) DATA-MINING.—The term ‘‘data-mining’’ scriber; Section 408 of the Controlled Substances Act means a query or search or other analysis of one ‘‘(III) the telephone or instrument number, or (21 U.S.C. 848) is amended— or more electronic databases, where— other subscriber number or identifier, of such (1) in subsection (e)(2), by striking ‘‘(1)(b)’’ (A) at least one of the databases was obtained customer or subscriber, including any tempo- and inserting (1)(B); from or remains under the control of a non-Fed- rarily assigned network address or associated (2) by striking subsection (g) and all that fol- eral entity, or the information was acquired ini- routing or transmission information; and lows through subsection (p); tially by another department or agency of the ‘‘(IV) the length of the provision of service by (3) by striking subsection (r); and Federal Government for purposes other than in- such provider to such customer or subscriber (4) in subsection (q), by striking paragraphs telligence or law enforcement; and the types of services utilized by such cus- (1) through (3). (B) the search does not use personal identi- tomer or subscriber.’’. SEC. 222. COUNSEL FOR FINANCIALLY UNABLE fiers of a specific individual or does not utilize (b) ENHANCED OVERSIGHT.—Section 406(a) of DEFENDANTS. inputs that appear on their face to identify or the Foreign Intelligence Surveillance Act of 1978 (a) IN GENERAL.—Chapter 228 of title 18, be associated with a specified individual to ac- (50 U.S.C. 1846(a)) is amended by inserting ‘‘, United States Code, is amended by adding at the quire information; and and the Committee on the Judiciary of the end the following new section: (C) a department or agency of the Federal House of Representatives and the Committee on ‘‘§ 3599. Counsel for financially unable de- Government is conducting the query or search the Judiciary of the Senate,’’ after ‘‘of the Sen- fendants or other analysis to find a pattern indicating ate’’. terrorist or other criminal activity. ‘‘(a)(1) Notwithstanding any other provision TITLE II—TERRORIST DEATH PENALTY of law to the contrary, in every criminal action (2) DATABASE.—The term ‘‘database’’ does not ENHANCEMENT include telephone directories, information pub- in which a defendant is charged with a crime licly available via the Internet or available by SEC. 201. SHORT TITLE. which may be punishable by death, a defendant any other means to any member of the public, This title may be cited as the ‘‘Terrorist Death who is or becomes financially unable to obtain any databases maintained, operated, or con- Penalty Enhancement Act of 2005’’. adequate representation or investigative, expert, trolled by a State, local, or tribal government Subtitle A—Terrorist Penalties Enhancement or other reasonably necessary services at any (such as a State motor vehicle database), or Act time either— databases of judicial and administrative opin- SEC. 211. DEATH PENALTY PROCEDURES FOR ‘‘(A) before judgment; or ions. CERTAIN AIR PIRACY CASES OCCUR- ‘‘(B) after the entry of a judgment imposing a sentence of death but before the execution of SEC. 127. SENSE OF CONGRESS. RING BEFORE ENACTMENT OF THE FEDERAL DEATH PENALTY ACT OF It is the sense of Congress that under section that judgment; 1994. shall be entitled to the appointment of one or 981 of title 18, United States Code, victims of ter- (a) IN GENERAL.—Section 60003 of the Violent more attorneys and the furnishing of such other rorists attacks should have access to the assets Crime Control and Law Enforcement Act of services in accordance with subsections (b) forfeited. 1994, (Public Law 103–322), is amended, as of the through (f). SEC. 128. USA PATRIOT ACT SECTION 214; AU- time of its enactment, by adding at the end the ‘‘(2) In any post conviction proceeding under THORITY FOR DISCLOSURE OF ADDI- following: TIONAL INFORMATION IN CONNEC- section 2254 or 2255 of title 28, United States TION WITH ORDERS FOR PEN REG- ‘‘(c) DEATH PENALTY PROCEDURES FOR CER- Code, seeking to vacate or set aside a death sen- ISTER AND TRAP AND TRACE AU- TAIN PREVIOUS AIRCRAFT PIRACY VIOLATIONS.— tence, any defendant who is or becomes finan- THORITY UNDER FISA. An individual convicted of violating section cially unable to obtain adequate representation (a) RECORDS.—Section 402(d)(2) of the Foreign 46502 of title 49, United States Code, or its pred- or investigative, expert, or other reasonably nec- Intelligence Surveillance Act of 1978 (50 U.S.C. ecessor, may be sentenced to death in accord- essary services shall be entitled to the appoint- 1842(d)(2)) is amended— ance with the procedures established in chapter ment of one or more attorneys and the fur- (1) in subparagraph (A)— 228 of title 18, United States Code, if for any of- nishing of such other services in accordance (A) in clause (ii), by adding ‘‘and’’ at the end; fense committed before the enactment of the Vio- with subsections (b) through (f). and lent Crime Control and Law Enforcement Act of ‘‘(b) If the appointment is made before judg- (B) in clause (iii), by striking the period at the 1994 (Public Law 103–322), but after the enact- ment, at least one attorney so appointed must end and inserting a semicolon; and ment of the Antihijacking Act of 1974 (Public have been admitted to practice in the court in (2) in subparagraph (B)(iii), by striking the Law 93–366), it is determined by the finder of which the prosecution is to be tried for not less period at the end and inserting ‘‘; and’’; and fact, before consideration of the factors set forth than five years, and must have had not less (3) by adding at the end the following: in sections 3591(a)(2) and 3592(a) and (c) of title than three years experience in the actual trial of ‘‘(C) shall direct that, upon the request of the 18, United States Code, that one or more of the felony prosecutions in that court. applicant, the provider of a wire or electronic factors set forth in former section 46503(c)(2) of ‘‘(c) If the appointment is made after judg- communication service shall disclose to the Fed- title 49, United States Code, or its predecessor, ment, at least one attorney so appointed must eral officer using the pen register or trap and has been proven by the Government to exist, be- have been admitted to practice in the court of trace device covered by the order— yond a reasonable doubt, and that none of the appeals for not less than five years, and must ‘‘(i) in the case of the customer or subscriber factors set forth in former section 46503(c)(1) of have had not less than three years experience in using the service covered by the order (for the title 49, United States Code, or its predecessor, the handling of appeals in that court in felony period specified by the order)— has been proven by the defendant to exist, by a cases. ‘‘(I) the name of the customer or subscriber; ‘‘(II) the address of the customer or sub- preponderance of the information. The meaning ‘‘(d) With respect to subsections (b) and (c), scriber; of the term ‘especially heinous, cruel, or de- the court, for good cause, may appoint another ‘‘(III) the telephone or instrument number, or praved’, as used in the factor set forth in former attorney whose background, knowledge, or ex- other subscriber number or identifier, of the cus- section 46503(c)(2)(B)(iv) of title 49, United perience would otherwise enable him or her to tomer or subscriber, including any temporarily States Code, or its predecessor, shall be nar- properly represent the defendant, with due con- assigned network address or associated routing rowed by adding the limiting language ‘in that sideration to the seriousness of the possible pen- or transmission information; it involved torture or serious physical abuse to alty and to the unique and complex nature of ‘‘(IV) the length of the provision of service by the victim’, and shall be construed as when that the litigation. such provider to the customer or subscriber and term is used in section 3592(c)(6) of title 18, ‘‘(e) Unless replaced by similarly qualified the types of services utilized by the customer or United States Code.’’. counsel upon the attorney’s own motion or upon subscriber; (b) SEVERABILITY CLAUSE.—If any provision motion of the defendant, each attorney so ap- ‘‘(V) in the case of a provider of local or long of section 60003(b)(2) of the Violent Crime and pointed shall represent the defendant through- distance telephone service, any local or long dis- Law Enforcement Act of 1994 (Public Law 103– out every subsequent stage of available judicial tance telephone records of the customer or sub- 322), or the application thereof to any person or proceedings, including pretrial proceedings, scriber; any circumstance is held invalid, the remainder trial, sentencing, motions for new trial, appeals, ‘‘(VI) if applicable, any records reflecting pe- of such section and the application of such sec- applications for writ of certiorari to the Supreme riod of usage (or sessions) by the customer or tion to other persons or circumstances shall not Court of the United States, and all available subscriber; and be affected thereby. post-conviction process, together with applica- ‘‘(VII) any mechanisms and sources of pay- SEC. 212. POSTRELEASE SUPERVISION OF TER- tions for stays of execution and other appro- ment for such service, including the number of RORISTS. priate motions and procedures, and shall also any credit card or bank account utilized for Section 3583(j) of title 18, United States Code, represent the defendant in such competency payment for such service; and is amended in subsection (j), by striking ‘‘, the proceedings and proceedings for executive or ‘‘(ii) if available, with respect to any customer commission’’ and all that follows through ‘‘per- other clemency as may be available to the de- or subscriber of incoming or outgoing commu- son,’’ . fendant.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27838 CONGRESSIONAL RECORD—HOUSE December 8, 2005 ‘‘(f) Upon a finding that investigative, expert, ‘‘§ 1036. Entry by false pretenses to any real ‘‘(2) the term ‘heave to’ means to cause a ves- or other services are reasonably necessary for property, vessel, or aircraft of the United sel to slow, come to a stop, or adjust its course the representation of the defendant, whether in States or secure area of any airport or sea- or speed to account for the weather conditions connection with issues relating to guilt or the port’’. and sea state to facilitate a law enforcement sentence, the court may authorize the defend- (b) TECHNICAL AND CONFORMING AMEND- boarding; ant’s attorneys to obtain such services on behalf MENT.—The table of sections for chapter 47 of ‘‘(3) the term ‘vessel subject to the jurisdiction of the defendant and, if so authorized, shall title 18 is amended by striking the matter relat- of the United States’ has the meaning given the order the payment of fees and expenses therefor ing to section 1036 and inserting the following: term in section 2 of the Maritime Drug Law En- under subsection (g). No ex parte proceeding, forcement Act (46 U.S.C. App. 1903); and communication, or request may be considered ‘‘1036. Entry by false pretenses to any real ‘‘(4) the term ‘vessel of the United States’ has pursuant to this section unless a proper showing property, vessel, or aircraft of the United the meaning given the term in section 2 of the is made concerning the need for confidentiality. States or secure area of any airport or Maritime Drug Law Enforcement Act (46 U.S.C. Any such proceeding, communication, or request seaport.’’. App. 1903).’’. shall be transcribed and made a part of the (c) DEFINITION OF SEAPORT.—Chapter 1 of (b) CONFORMING AMENDMENT.—The table of record available for appellate review. title 18, United States Code, is amended by add- sections for chapter 109, title 18, United States ‘‘(g)(1) Compensation shall be paid to attor- ing at the end the following: Code, is amended by inserting after the item for neys appointed under this subsection at a rate section 2236 the following: ‘‘§ 26. Definition of seaport of not more than $125 per hour for in-court and ‘‘2237. Criminal sanctions for failure to heave out-of-court time. The Judicial Conference is ‘‘As used in this title, the term ‘seaport’ means to, obstruction of boarding, or providing authorized to raise the maximum for hourly all piers, wharves, docks, and similar structures, false information.’’. payment specified in the paragraph up to the adjacent to any waters subject to the jurisdic- SEC. 304. CRIMINAL SANCTIONS FOR VIOLENCE aggregate of the overall average percentages of tion of the United States, to which a vessel may AGAINST MARITIME NAVIGATION, the adjustments in the rates of pay for the Gen- be secured, including areas of land, water, or PLACEMENT OF DESTRUCTIVE DE- eral Schedule made pursuant to section 5305 of land and water under and in immediate prox- VICES. title 5 on or after such date. After the rates are imity to such structures, buildings on or contig- (a) PLACEMENT OF DESTRUCTIVE DEVICES.— raised under the preceding sentence, such hour- uous to such structures, and the equipment and Chapter 111 of title 18, United States Code, as ly range may be raised at intervals of not less materials on such structures or in such build- amended by subsection (a), is further amended than one year, up to the aggregate of the overall ings.’’. by adding at the end the following: average percentages of such adjustments made (d) TECHNICAL AND CONFORMING AMEND- ‘‘§ 2282A. Devices or dangerous substances in since the last raise under this paragraph. MENT.—The table of sections for chapter 1 of waters of the United States likely to destroy ‘‘(2) Fees and expenses paid for investigative, title 18 is amended by inserting after the matter or damage ships or to interfere with mari- expert, and other reasonably necessary services relating to section 25 the following: time commerce authorized under subsection (f) shall not exceed ‘‘26. Definition of seaport.’’. ‘‘(a) A person who knowingly places, or $7,500 in any case, unless payment in excess of SEC. 303. CRIMINAL SANCTIONS FOR FAILURE TO causes to be placed, in navigable waters of the that limit is certified by the court, or by the HEAVE TO, OBSTRUCTION OF United States, by any means, a device or dan- United States magistrate judge, if the services BOARDING, OR PROVIDING FALSE gerous substance which is likely to destroy or were rendered in connection with the case dis- INFORMATION. cause damage to a vessel or its cargo, cause in- posed of entirely before such magistrate judge, (a) OFFENSE.—Chapter 109 of title 18, United terference with the safe navigation of vessels, or as necessary to provide fair compensation for States Code, is amended by adding at the end interference with maritime commerce (such as by services of an unusual character or duration, the following: damaging or destroying marine terminals, facili- and the amount of the excess payment is ap- ‘‘§ 2237. Criminal sanctions for failure to ties, or any other marine structure or entity proved by the chief judge of the circuit. The heave to, obstruction of boarding, or pro- used in maritime commerce) with the intent of chief judge of the circuit may delegate such ap- viding false information causing such destruction or damage, inter- proval authority to an active circuit judge. ‘‘(a)(1) It shall be unlawful for the master, op- ference with the safe navigation of vessels, or ‘‘(3) The amounts paid under this paragraph erator, or person in charge of a vessel of the interference with maritime commerce shall be for services in any case shall be disclosed to the United States, or a vessel subject to the jurisdic- fined under this title or imprisoned for any term public, after the disposition of the petition.’’. tion of the United States, to knowingly fail to of years, or for life; or both. (b) CONFORMING AMENDMENT.—The table of obey an order by an authorized Federal law en- ‘‘(b) A person who causes the death of any sections of the bill is amended by inserting after forcement officer to heave to that vessel. person by engaging in conduct prohibited under the item relating to section 3598 the following ‘‘(2) It shall be unlawful for any person on subsection (a) may be punished by death. new item: board a vessel of the United States, or a vessel ‘‘(c) Nothing in this section shall be construed ‘‘3599. Counsel for financially unable defend- subject to the jurisdiction of the United States, to apply to otherwise lawfully authorized and ants.’’. to— conducted activities of the United States Gov- (c) REPEAL.—Subsection (q) of section 408 of ‘‘(A) forcibly resist, oppose, prevent, impede, ernment. the Controlled Substances Act is amended by intimidate, or interfere with a boarding or other ‘‘(d) In this section: striking paragraphs (4) through (10). law enforcement action authorized by any Fed- ‘‘(1) The term ‘dangerous substance’ means TITLE III—REDUCING CRIME AND eral law or to resist a lawful arrest; or any solid, liquid, or gaseous material that has TERRORISM AT AMERICA’S SEAPORTS ‘‘(B) provide materially false information to a the capacity to cause damage to a vessel or its cargo, or cause interference with the safe navi- SEC. 301. SHORT TITLE. Federal law enforcement officer during a board- gation of a vessel. This title may be cited as the ‘‘Reducing Crime ing of a vessel regarding the vessel’s destination, ‘‘(2) The term ‘device’ means any object that, and Terrorism at America’s Seaports Act of origin, ownership, registration, nationality, because of its physical, mechanical, structural, 2005’’. cargo, or crew. or chemical properties, has the capacity to cause SEC. 302. ENTRY BY FALSE PRETENSES TO ANY ‘‘(b) Any person who intentionally violates this section shall be fined under this title or im- damage to a vessel or its cargo, or cause inter- SEAPORT. ference with the safe navigation of a vessel.’’. (a) IN GENERAL.—Section 1036 of title 18, prisoned for not more than 5 years, or both. (2) CONFORMING AMENDMENT.—The table of United States Code, is amended— ‘‘(c) This section does not limit the authority of a customs officer under section 581 of the sections for chapter 111 of title 18, United States (1) in subsection (a)— Code, as amended by subsection (b), is further (A) in paragraph (2), by striking ‘‘or’’ at the Tariff Act of 1930 (19 U.S.C. 1581), or any other amended by adding after the item related to sec- end; provision of law enforced or administered by the tion 2282 the following: (B) by redesignating paragraph (3) as para- Secretary of the Treasury or the Secretary of ‘‘2282A. Devices or dangerous substances in graph (4); and Homeland Security, or the authority of any waters of the United States likely to de- (C) by inserting after paragraph (2) the fol- Federal law enforcement officer under any law stroy or damage ships or to interfere with lowing: of the United States, to order a vessel to stop or maritime commerce.’’. ‘‘(3) any secure or restricted area of any sea- heave to. (b) VIOLENCE AGAINST MARITIME NAVIGA- port, designated as secure in an approved secu- ‘‘(d) A foreign nation may consent or waive TION.— rity plan, as required under section 70103 of title objection to the enforcement of United States (1) IN GENERAL.—Chapter 111 of title 18, 46, United States Code, and the rules and regu- law by the United States under this section by United States Code as amended by subsections lations promulgated under that section; or’’; radio, telephone, or similar oral or electronic (a) and (c), is further amended by adding at the (2) in subsection (b)(1), by striking ‘‘5 years’’ means. Consent or waiver may be proven by cer- end the following: and inserting ‘‘10 years’’; tification of the Secretary of State or the des- (3) in subsection (c)(1), by inserting ‘‘, captain ignee of the Secretary of State. ‘‘§ 2282B. Violence against aids to maritime of the seaport,’’ after ‘‘airport authority’’; and ‘‘(e) In this section— navigation (4) by striking the section heading and insert- ‘‘(1) the term ‘Federal law enforcement officer’ ‘‘Whoever intentionally destroys, seriously ing the following: has the meaning given the term in section 115(c); damages, alters, moves, or tampers with any aid

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00072 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27839 to maritime navigation maintained by the Saint any vessel within the United States and on ‘‘(5) sets fire to, damages, destroys, or disables Lawrence Seaway Development Corporation waters subject to the jurisdiction of the United or places a destructive device or substance in, under the authority of section 4 of the Act of States or any vessel outside the United States upon, or near, any appliance, structure, prop- May 13, 1954 (33 U.S.C. 984), by the Coast Guard and on the high seas or having United States erty, machine, or apparatus, or any facility or pursuant to section 81 of title 14, United States nationality, knowing that the transported per- other material used, or intended to be used, in Code, or lawfully maintained under authority son is a terrorist, shall be fined under this title connection with the operation, maintenance, granted by the Coast Guard pursuant to section or imprisoned for any term of years or for life, loading, unloading, or storage of any vessel or 83 of title 14, United States Code, if such act en- or both. any passenger or cargo carried or intended to be dangers or is likely to endanger the safe naviga- ‘‘(b) DEFINED TERM.—In this section, the term carried on any vessel; tion of a ship, shall be fined under this title or ‘terrorist’ means any person who intends to ‘‘(6) performs an act of violence against or in- imprisoned for not more than 20 years, or commit, or is avoiding apprehension after hav- capacitates any individual on any vessel, if both.’’. ing committed, an offense listed under section such act of violence or incapacitation is likely to (2) CONFORMING AMENDMENT.—The table of 2332b(g)(5)(B).’’. endanger the safety of the vessel or those on sections for chapter 111 of title 18, United States (b) CONFORMING AMENDMENT.—The table of board; Code, as amended by subsections (b) and (d) is sections for chapter 111 of title 18, United States ‘‘(7) performs an act of violence against a per- further amended by adding after the item re- Code, as amended by section 305, is further son that causes or is likely to cause serious bod- lated to section 2282A the following: amended by adding at the end the following: ily injury, as defined in section 1365(h)(3), in, ‘‘2282B. Violence against aids to maritime ‘‘2283. Transportation of explosive, chemical, upon, or near, any appliance, structure, prop- navigation.’’. biological, or radioactive or nuclear mate- erty, machine, or apparatus, or any facility or SEC. 305. TRANSPORTATION OF DANGEROUS MA- rials. other material used, or intended to be used, in TERIALS AND TERRORISTS. ‘‘2284. Transportation of terrorists.’’. connection with the operation, maintenance, (a) TRANSPORTATION OF DANGEROUS MATE- SEC. 306. DESTRUCTION OF, OR INTERFERENCE loading, unloading, or storage of any vessel or RIALS AND TERRORISTS.—Chapter 111 of title 18, WITH, VESSELS OR MARITIME FA- any passenger or cargo carried or intended to be as amended by section 305, is further amended CILITIES. carried on any vessel; by adding at the end the following: (a) IN GENERAL.—Title 18, United States Code, ‘‘(8) communicates information, knowing the ‘‘§ 2283. Transportation of explosive, biologi- is amended by inserting after chapter 111 the information to be false and under circumstances cal, chemical, or radioactive or nuclear ma- following: in which such information may reasonably be terials ‘‘CHAPTER 111A—DESTRUCTION OF, OR IN- believed, thereby endangering the safety of any vessel in navigation; or ‘‘(a) IN GENERAL.—Whoever knowingly trans- TERFERENCE WITH, VESSELS OR MARI- ‘‘(9) attempts or conspires to do anything pro- ports aboard any vessel within the United States TIME FACILITIES hibited under paragraphs (1) through (8), and on waters subject to the jurisdiction of the ‘‘Sec. shall be fined under this title or imprisoned not United States or any vessel outside the United ‘‘2290. Jurisdiction and scope. more than 20 years, or both. States and on the high seas or having United ‘‘2291. Destruction of vessel or maritime facility. ‘‘(b) LIMITATION.—Subsection (a) shall not ‘‘2292. Imparting or conveying false informa- States nationality an explosive or incendiary de- apply to any person that is engaging in other- tion. vice, biological agent, chemical weapon, or ra- wise lawful activity, such as normal repair and dioactive or nuclear material, knowing that any ‘‘§ 2290. Jurisdiction and scope salvage activities, and the transportation of such item is intended to be used to commit an of- ‘‘(a) JURISDICTION.—There is jurisdiction, in- hazardous materials regulated and allowed to be fense listed under section 2332b(g)(5)(B), shall be cluding extraterritorial jurisdiction, over an of- transported under chapter 51 of title 49. fined under this title or imprisoned for any term fense under this chapter if the prohibited activ- ‘‘(c) PENALTY.—Whoever is fined or impris- of years or for life, or both. ity takes place— oned under subsection (a) as a result of an act AUSING DEATH.—Any person who causes ‘‘(b) C ‘‘(1) within the United States and within involving a vessel that, at the time of the viola- the death of a person by engaging in conduct waters subject to the jurisdiction of the United tion, carried high-level radioactive waste (as prohibited by subsection (a) may be punished by States; or that term is defined in section 2(12) of the Nu- death. ‘‘(2) outside United States and— clear Waste Policy Act of 1982 (42 U.S.C. ‘‘(c) DEFINITIONS.—In this section: ‘‘(A) an offender or a victim is a national of 10101(12)) or spent nuclear fuel (as that term is ‘‘(1) BIOLOGICAL AGENT.—The term ‘biological the United States (as that term is defined under defined in section 2(23) of the Nuclear Waste agent’ means any biological agent, toxin, or vec- section 101(a)(22) of the Immigration and Na- Policy Act of 1982 (42 U.S.C. 10101(23)), shall be tor (as those terms are defined in section 178). tionality Act (8 U.S.C. 1101(a)(22)); fined under this title, imprisoned for a term up ‘‘(2) BY-PRODUCT MATERIAL.—The term ‘by- ‘‘(B) the activity involves a vessel in which a product material’ has the meaning given that to life, or both. national of the United States was on board; or ‘‘(d) PENALTY WHEN DEATH RESULTS.—Who- term in section 11(e) of the Atomic Energy Act of ‘‘(C) the activity involves a vessel of the ever is convicted of any crime prohibited by sub- 1954 (42 U.S.C. 2014(e)). United States (as that term is defined under sec- section (a) and intended to cause death by the ‘‘(3) CHEMICAL WEAPON.—The term ‘chemical tion 2 of the Maritime Drug Law Enforcement weapon’ has the meaning given that term in sec- prohibited conduct, if the conduct resulted in Act (46 U.S.C. App. 1903). tion 229F(1). the death of any person, shall be subject also to ‘‘(b) SCOPE.—Nothing in this chapter shall ‘‘(4) EXPLOSIVE OR INCENDIARY DEVICE.—The the death penalty or to a term of imprisonment term ‘explosive or incendiary device’ has the apply to otherwise lawful activities carried out for a period up to life. meaning given the term in section 232(5) and in- by or at the direction of the United States Gov- ‘‘(e) THREATS.—Whoever knowingly and in- cludes explosive materials, as that term is de- ernment. tentionally imparts or conveys any threat to do fined in section 841(c) and explosive as defined ‘‘§ 2291. Destruction of vessel or maritime fa- an act which would violate this chapter, with in section 844(j). cility an apparent determination and will to carry the threat into execution, shall be fined under this ‘‘(5) NUCLEAR MATERIAL.—The term ‘nuclear ‘‘(a) OFFENSE.—Whoever knowingly— material’ has the meaning given that term in ‘‘(1) sets fire to, damages, destroys, disables, title or imprisoned not more than 5 years, or section 831(f)(1). or wrecks any vessel; both, and is liable for all costs incurred as a re- ‘‘(6) RADIOACTIVE MATERIAL.—The term ‘ra- ‘‘(2) places or causes to be placed a destructive sult of such threat. dioactive material’ means— device, as defined in section 921(a)(4), destruc- ‘‘§ 2292. Imparting or conveying false informa- ‘‘(A) source material and special nuclear ma- tive substance, as defined in section 31(a)(3), or tion terial, but does not include natural or depleted an explosive, as defined in section 844(j) in, ‘‘(a) IN GENERAL.—Whoever imparts or con- uranium; upon, or near, or otherwise makes or causes to veys or causes to be imparted or conveyed false ‘‘(B) nuclear by-product material; be made unworkable or unusable or hazardous information, knowing the information to be ‘‘(C) material made radioactive by bombard- to work or use, any vessel, or any part or other false, concerning an attempt or alleged attempt ment in an accelerator; or materials used or intended to be used in connec- being made or to be made, to do any act that ‘‘(D) all refined isotopes of radium. tion with the operation of a vessel; would be a crime prohibited by this chapter or ‘‘(8) SOURCE MATERIAL.—The term ‘source ma- ‘‘(3) sets fire to, damages, destroys, or disables by chapter 111 of this title, shall be subject to a terial’ has the meaning given that term in sec- or places a destructive device or substance in, civil penalty of not more than $5,000, which tion 11(z) of the Atomic Energy Act of 1954 (42 upon, or near, any maritime facility, including shall be recoverable in a civil action brought in U.S.C. 2014(z)). any aid to navigation, lock, canal, or vessel the name of the United States. ‘‘(9) SPECIAL NUCLEAR MATERIAL.—The term traffic service facility or equipment; ‘‘(b) MALICIOUS CONDUCT.—Whoever know- ‘special nuclear material’ has the meaning given ‘‘(4) interferes by force or violence with the ingly, intentionally, maliciously, or with reck- that term in section 11(aa) of the Atomic Energy operation of any maritime facility, including less disregard for the safety of human life, im- Act of 1954 (42 U.S.C. 2014(aa)). any aid to navigation, lock, canal, or vessel parts or conveys or causes to be imparted or ‘‘§ 2284. Transportation of terrorists traffic service facility or equipment, if such ac- conveyed false information, knowing the infor- ‘‘(a) IN GENERAL.—Whoever knowingly and tion is likely to endanger the safety of any ves- mation to be false, concerning an attempt or al- intentionally transports any terrorist aboard sel in navigation; leged attempt to do any act which would be a

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crime prohibited by this chapter or by chapter (A) TRANSPORTATION.—Section 2312 of title 18, shall be fined under this title or imprisoned not 111 of this title, shall be fined under this title or United States Code, is amended by striking more than 15 years, or both. imprisoned not more than 5 years. ‘‘motor vehicle or aircraft’’ and inserting ‘‘motor ‘‘(b) DEFINITION.—In this section, the term ‘‘(c) JURISDICTION.— vehicle, vessel, or aircraft’’. ‘secure or restricted area’ means an area of a ‘‘(1) IN GENERAL.—Except as provided under (B) SALE.—Section 2313(a) of title 18, United vessel or facility designated as secure in an ap- paragraph (2), section 2290(a) shall not apply to States Code, is amended by striking ‘‘motor ve- proved security plan, as required under section any offense under this section. hicle or aircraft’’ and inserting ‘‘motor vehicle, 70103 of title 46, United States Code, and the ‘‘(2) JURISDICTION.—Jurisdiction over an of- vessel, or aircraft’’. rules and regulations promulgated under that fense under this section shall be determined in (c) REVIEW OF SENTENCING GUIDELINES.—Pur- section.’’. accordance with the provisions applicable to the suant to section 994 of title 28, United States (b) CONFORMING AMENDMENT.—The table of crime prohibited by this chapter, or by chapter Code, the United States Sentencing Commission sections for chapter 11 of title 18, United States 111 of this title, to which the imparted or con- shall review the Federal Sentencing Guidelines Code, is amended by adding at the end the fol- veyed false information relates, as applicable. to determine whether sentencing enhancement is lowing: ‘‘§ 2293. Bar to prosecution appropriate for any offense under section 659 or ‘‘226. Bribery affecting port security.’’. 2311 of title 18, United States Code, as amended ‘‘(a) IN GENERAL.—It is a bar to prosecution SEC. 310. PENALTIES FOR SMUGGLING GOODS under this chapter if— by this title. INTO THE UNITED STATES. (d) ANNUAL REPORT OF LAW ENFORCEMENT ‘‘(1) the conduct in question occurred within The third undesignated paragraph of section ACTIVITIES.—The Attorney General shall annu- the United States in relation to a labor dispute, 545 of title 18, United States Code, is amended ally submit to Congress a report, which shall in- and such conduct is prohibited as a felony by striking ‘‘5 years’’ and inserting ‘‘20 years’’. clude an evaluation of law enforcement activi- under the law of the State in which it was com- SEC. 311. SMUGGLING GOODS FROM THE UNITED ties relating to the investigation and prosecution mitted; or STATES. ‘‘(2) such conduct is prohibited as a mis- of offenses under section 659 of title 18, United (a) IN GENERAL.—Chapter 27 of title 18, demeanor, and not as a felony, under the law of States Code, as amended by this title. United States Code, is amended by adding at the (e) REPORTING OF CARGO THEFT.—The Attor- the State in which it was committed. end the following: ney General shall take the steps necessary to en- ‘‘(b) DEFINITIONS.—In this section: ‘‘§ 554. Smuggling goods from the United sure that reports of cargo theft collected by Fed- ‘‘(1) LABOR DISPUTE.—The term ‘labor dispute’ States has the same meaning given that term in section eral, State, and local officials are reflected as a separate category in the Uniform Crime Report- ‘‘(a) IN GENERAL.—Whoever fraudulently or 13(c) of the Act to amend the Judicial Code and knowingly exports or sends from the United to define and limit the jurisdiction of courts sit- ing System, or any successor system, by no later than December 31, 2006. States, or attempts to export or send from the ting in equity, and for other purposes (29 U.S.C. United States, any merchandise, article, or ob- 113(c), commonly known as the Norris- SEC. 308. STOWAWAYS ON VESSELS OR AIRCRAFT. Section 2199 of title 18, United States Code, is ject contrary to any law or regulation of the LaGuardia Act). United States, or receives, conceals, buys, sells, ‘‘(2) STATE.—The term ‘State’ means a State of amended by striking ‘‘Shall be fined under this title or imprisoned not more than one year, or or in any manner facilitates the transportation, the United States, the District of Columbia, and concealment, or sale of such merchandise, arti- any commonwealth, territory, or possession of both.’’ and inserting the following: ‘‘(1) shall be fined under this title, imprisoned cle or object, prior to exportation, knowing the the United States.’’. same to be intended for exportation contrary to (b) CONFORMING AMENDMENT.—The table of not more than 5 years, or both; any law or regulation of the United States, shall chapters at the beginning of title 18, United ‘‘(2) if the person commits an act proscribed be fined under this title, imprisoned not more States Code, is amended by inserting after the by this section, with the intent to commit serious than 10 years, or both. item for chapter 111 the following: bodily injury, and serious bodily injury occurs (as defined under section 1365, including any ‘‘(b) DEFINITION.—In this section, the term ‘‘111A. Destruction of, or interference ‘United States’ has the meaning given that term . conduct that, if the conduct occurred in the spe- with, vessels or maritime facilities 2290’’ in section 545.’’. SEC. 307. THEFT OF INTERSTATE OR FOREIGN cial maritime and territorial jurisdiction of the United States, would violate section 2241 or (b) CONFORMING AMENDMENT.—The chapter SHIPMENTS OR VESSELS. analysis for chapter 27 of title 18, United States (a) THEFT OF INTERSTATE OR FOREIGN SHIP- 2242) to any person other than a participant as a result of a violation of this section, shall be Code, is amended by adding at the end the fol- MENTS.—Section 659 of title 18, United States lowing: Code, is amended— fined under this title or imprisoned not more than 20 years, or both; and ‘‘554. Smuggling goods from the United States.’’. (1) in the first undesignated paragraph— (c) SPECIFIED UNLAWFUL ACTIVITY.—Section (A) by inserting ‘‘trailer,’’ after ‘‘(3) if an individual commits an act pro- 1956(c)(7)(D) of title 18, United States Code, is ‘‘motortruck,’’; scribed by this section, with the intent to cause amended by inserting ‘‘section 554 (relating to (B) by inserting ‘‘air cargo container,’’ after death, and if the death of any person other smuggling goods from the United States),’’ be- ‘‘aircraft,’’; and than a participant occurs as a result of a viola- (C) by inserting ‘‘, or from any intermodal tion of this section, shall be fined under this fore ‘‘section 641 (relating to public money, container, trailer, container freight station, title, imprisoned for any number of years or for property, or records),’’. (d) TARIFF ACT OF 1990.—Section 596 of the warehouse, or freight consolidation facility,’’ life, or both.’’. Tariff Act of 1930 (19 U.S.C. 1595a) is amended after ‘‘air navigation facility’’; SEC. 309. BRIBERY AFFECTING PORT SECURITY. by adding at the end the following: (2) in the fifth undesignated paragraph, by (a) IN GENERAL.—Chapter 11 of title 18, ‘‘(d) Merchandise exported or sent from the striking ‘‘in each case’’ and all that follows United States Code, is amended by adding at the United States or attempted to be exported or through ‘‘or both’’ the second place it appears end the following: sent from the United States contrary to law, or and inserting ‘‘be fined under this title or im- ‘‘§ 226. Bribery affecting port security the proceeds or value thereof, and property used prisoned not more than 10 years, or both, but if ‘‘(a) IN GENERAL.—Whoever knowingly— to facilitate the exporting or sending of such the amount or value of such money, baggage, ‘‘(1) directly or indirectly, corruptly gives, of- merchandise, the attempted exporting or sending goods, or chattels is less than $1,000, shall be fers, or promises anything of value to any public of such merchandise, or the receipt, purchase, fined under this title or imprisoned for not more or private person, with intent to commit inter- transportation, concealment, or sale of such than 3 years, or both’’; and national terrorism or domestic terrorism (as merchandise prior to exportation shall be seized (3) by inserting after the first sentence in the those terms are defined under section 2331), to— eighth undesignated paragraph the following: and forfeited to the United States.’’. ‘‘(A) influence any action or any person to (e) REMOVING GOODS FROM CUSTOMS CUS- ‘‘For purposes of this section, goods and chattel commit or aid in committing, or collude in, or TODY.—Section 549 of title 18, United States shall be construed to be moving as an interstate allow, any fraud, or make opportunity for the Code, is amended in the 5th paragraph by strik- or foreign shipment at all points between the commission of any fraud affecting any secure or ing ‘‘two years’’ and inserting ‘‘10 years’’. point of origin and the final destination (as evi- restricted area or seaport; or denced by the waybill or other shipping docu- ‘‘(B) induce any official or person to do or TITLE IV—COMBATING TERRORISM ment of the shipment), regardless of any tem- omit to do any act in violation of the lawful FINANCING porary stop while awaiting transshipment or duty of such official or person that affects any SEC. 401. SHORT TITLE. otherwise.’’. secure or restricted area or seaport; or This title may be cited as the ‘‘Combating Ter- (b) STOLEN VESSELS.— ‘‘(2) directly or indirectly, corruptly demands, rorism Financing Act of 2005’’. (1) IN GENERAL.—Section 2311 of title 18, seeks, receives, accepts, or agrees to receive or SEC. 402. INCREASED PENALTIES FOR TER- United States Code, is amended by adding at the accept anything of value personally or for any RORISM FINANCING. end the following, as a new undesignated para- other person or entity in return for— Section 206 of the International Emergency graph: ‘‘ ‘Vessel’ means any watercraft or other ‘‘(A) being influenced in the performance of Economic Powers Act (50 U.S.C. 1705) is amend- contrivance used or designed for transportation any official act affecting any secure or re- ed— or navigation on, under, or immediately above, stricted area or seaport; and (1) in subsection (a), by deleting ‘‘$10,000’’ water.’’. ‘‘(B) knowing that such influence will be used and inserting ‘‘$50,000’’. (2) TRANSPORTATION AND SALE OF STOLEN VES- to commit, or plan to commit, international or (2) in subsection (b), by deleting ‘‘ten years’’ SELS.— domestic terrorism, and inserting ‘‘twenty years’’.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27841 SEC. 403. TERRORISM-RELATED SPECIFIED AC- planning or perpetration must have occurred (2) Section 1366(a) of title 18, United States TIVITIES FOR MONEY LAUNDERING. within the jurisdiction of the United States.’’. Code, is amended— (a) AMENDMENTS TO RICO.—Section 1961(1) of SEC. 405. MONEY LAUNDERING THROUGH (A) by striking ‘‘attempts’’ each time it ap- title 18, United States Code, is amended in sub- HAWALAS. pears and inserting ‘‘attempts or conspires’’; paragraph (B), by inserting ‘‘section 1960 (relat- Section 1956(a)(1) of title 18, United States and ing to illegal money transmitters),’’ before ‘‘sec- Code, is amended by adding at the end the fol- (B) by inserting ‘‘, or if the object of the con- tions 2251’’. lowing: ‘‘For purposes of this paragraph, a fi- spiracy had been achieved,’’ after ‘‘the at- (b) AMENDMENT TO SECTION 1956(c)(7).—Sec- nancial transaction shall be considered to be tempted offense had been completed’’. tion 1956(c)(7)(D) of title 18, United States Code, one involving the proceeds of specified unlawful SEC. 407. CROSS REFERENCE CORRECTION. is amended by striking ‘‘or any felony violation activity if it is part of a set of parallel or de- Section 5318(n)(4)(A) of title 31, United States of the Foreign Corrupt Practices Act’’ and in- pendent transactions, any one of which involves Code, is amended by striking ‘‘National Intel- serting ‘‘any felony violation of the Foreign the proceeds of specified unlawful activity, and ligence Reform Act of 2004’’ and inserting ‘‘In- Corrupt Practices Act’’. all of which are part of a single plan or ar- telligence Reform and Terrorism Prevention Act (c) CONFORMING AMENDMENTS TO SECTIONS rangement.’’. of 2004’’. 1956(e) AND 1957(e).— SEC. 406. TECHNICAL AND CONFORMING AMEND- (1) Section 1956(e) of title 18, United States SEC. 408. AMENDMENT TO AMENDATORY LAN- MENTS RELATING TO THE USA PA- GUAGE. Code, is amended to read as follows: TRIOT ACT. ‘‘(e) Violations of this section may be inves- Section 6604 of the Intelligence Reform and (a) TECHNICAL CORRECTIONS.— Terrorism Prevention Act of 2004 is amended (ef- tigated by such components of the Department (1) Section 322 of Public Law 107–56 is amend- fective on the date of the enactment of that of Justice as the Attorney General may direct, ed by striking ‘‘title 18’’ and inserting ‘‘title 28’’. Act)— and by such components of the Department of (2) Section 1956(b)(3) and (4) of title 18, United (1) by striking ‘‘Section 2339c(c)(2)’’ and in- the Treasury as the Secretary of the Treasury States Code, are amended by striking ‘‘described serting ‘‘Section 2339C(c)(2)’’; and may direct, as appropriate, and, with respect to in paragraph (2)’’ each time it appears; and offenses over which the Department of Home- (3) Section 981(k) of title 18, United States (2) by striking ‘‘Section 2339c(e)’’ and insert- land Security has jurisdiction, by such compo- Code, is amended by striking ‘‘foreign bank’’ ing ‘‘Section 2339C(e)’’. nents of the Department of Homeland Security each time it appears and inserting ‘‘foreign fi- SEC. 409. DESIGNATION OF ADDITIONAL MONEY as the Secretary of Homeland Security may di- nancial institution (as defined in section LAUNDERING PREDICATE. rect, and, with respect to offenses over which 984(c)(2)(A) of this title)’’. Section 1956(c)(7)(D) of title 18, United States the United States Postal Service has jurisdic- (b) CODIFICATION OF SECTION 316 OF THE USA Code, is amended— tion, by the Postal Service. Such authority of PATRIOT ACT.— (1) by inserting ‘‘, section 2339C (relating to fi- the Secretary of the Treasury, the Secretary of (1) Chapter 46 of title 18, United States Code, nancing of terrorism), or section 2339D (relating Homeland Security, and the Postal Service shall is amended— to receiving military-type training from a for- be exercised in accordance with an agreement (A) in the chapter analysis, by inserting at eign terrorist organization)’’ after ‘‘section which shall be entered into by the Secretary of the end the following: 2339A or 2339B (relating to providing material the Treasury, the Secretary of Homeland Secu- ‘‘987. Anti-terrorist forfeiture protection.’’ support to terrorists)’’; and rity, the Postal Service, and the Attorney Gen- ; and (2) by striking ‘‘or’’ before ‘‘section 2339A or eral. Violations of this section involving offenses (B) by inserting at the end the following: 2339B’’. described in paragraph (c)(7)(E) may be inves- ‘‘§ 987. Anti-terrorist forfeiture protection SEC. 410. UNIFORM PROCEDURES FOR CRIMINAL tigated by such components of the Department ‘‘(a) RIGHT TO CONTEST .—An owner of prop- FORFEITURE. of Justice as the Attorney General may direct, erty that is confiscated under any provision of Section 2461(c) of title 28, United States Code, and the National Enforcement Investigations law relating to the confiscation of assets of sus- is amended to read as follows: Center of the Environmental Protection Agen- pected international terrorists, may contest that ‘‘(c) If a person is charged in a criminal case cy.’’. confiscation by filing a claim in the manner set with a violation of an Act of Congress for which (2) Section 1957(e) of title 18, United States forth in the Federal Rules of Civil Procedure the civil or criminal forfeiture of property is au- Code, is amended to read as follows: (Supplemental Rules for Certain Admiralty and thorized, the Government may include notice of ‘‘(e) Violations of this section may be inves- Maritime Claims), and asserting as an affirma- the forfeiture in the indictment or information tigated by such components of the Department tive defense that— pursuant to the Federal Rules of Criminal Pro- of Justice as the Attorney General may direct, ‘‘(1) the property is not subject to confiscation cedure. If the defendant is convicted of the of- and by such components of the Department of under such provision of law; or fense giving rise to the forfeiture, the court shall the Treasury as the Secretary of the Treasury ‘‘(2) the innocent owner provisions of section order the forfeiture of the property as part of may direct, as appropriate, and, with respect to 983(d) of title 18, United States Code, apply to the sentence in the criminal case pursuant to to offenses over which the Department of Home- the case. the Federal Rules of Criminal Procedure and land Security has jurisdiction, by such compo- ‘‘(b) EVIDENCE.—In considering a claim filed section 3554 of title 18, United States Code. The nents of the Department of Homeland Security under this section, a court may admit evidence procedures in section 413 of the Controlled Sub- as the Secretary of Homeland Security may di- that is otherwise inadmissible under the Federal stances Act (21 U.S.C. 853) apply to all stages of rect, and, with respect to offenses over which Rules of Evidence, if the court determines that a criminal forfeiture proceeding, except that the United States Postal Service has jurisdic- the evidence is reliable, and that compliance subsection (d) of such section applies only in tion, by the Postal Service. Such authority of with the Federal Rules of Evidence may jeop- cases in which the defendant is convicted of a the Secretary of the Treasury, the Secretary of ardize the national security interests of the violation of such Act.″’’. Homeland Security, and the Postal Service shall United States. TITLE V—MISCELLANEOUS PROVISIONS be exercised in accordance with an agreement ‘‘(c) CLARIFICATIONS.— which shall be entered into by the Secretary of ‘‘(1) PROTECTION OF RIGHTS.—The exclusion of SEC. 501. RESIDENCE OF UNITED STATES ATTOR- certain provisions of Federal law from the defi- NEYS AND ASSISTANT UNITED the Treasury, the Secretary of Homeland Secu- STATES ATTORNEYS. rity, the Postal Service, and the Attorney Gen- nition of the term ‘civil forfeiture statute’ in sec- (a) IN GENERAL.—Subsection (a) of section 545 tion 983(i) of title 18, United States Code, shall eral.’’. of title 28, United States Code, is amended by not be construed to deny an owner of property SEC. 404. ASSETS OF PERSONS COMMITTING TER- adding at the end the following new sentence: the right to contest the confiscation of assets of RORIST ACTS AGAINST FOREIGN ‘‘Pursuant to an order from the Attorney Gen- COUNTRIES OR INTERNATIONAL OR- suspected international terrorists under— eral or his designee, a United States attorney or GANIZATIONS. ‘‘(A) subsection (a) of this section; Section 981(a)(1)(G) of title 18, United States ‘‘(B) the Constitution; or an assistant United States attorney may be as- Code, is amended— ‘‘(C) subchapter II of chapter 5 of title 5, signed dual or additional responsibilities that (1) by striking ‘‘or’’ at the end of clause (ii); United States Code (commonly known as the exempt such officer from the residency require- (2) by striking the period at the end of clause ‘Administrative Procedure Act’). ment in this subsection for a specific period as (iii) and inserting ‘‘; or’’; and ‘‘(2) SAVINGS CLAUSE.—Nothing in this section established by the order and subject to re- (3) by inserting the following after clause (iii): shall limit or otherwise affect any other rem- newal.’’. ‘‘(iv) of any individual, entity, or organiza- edies that may be available to an owner of prop- (b) EFFECTIVE DATE.—The amendment made tion engaged in planning or perpetrating any erty under section 983 of title 18, United States by subsection (a) shall take effect as of Feb- act of international terrorism (as defined in sec- Code, or any other provision of law.’’. ruary 1, 2005. tion 2331) against any international organiza- (2) Subsections (a), (b), and (c) of section 316 SEC. 502. INTERIM APPOINTMENT OF UNITED tion (as defined in section 209 of the State De- of Public Law 107–56 are repealed. STATES ATTORNEYS. partment Basic Authorities Act of 1956 (22 (c) CONFORMING AMENDMENTS CONCERNING Section 546 of title 28, United States Code, is U.S.C. 4309(b)) or against any foreign Govern- CONSPIRACIES.— amended by striking subsections (c) and (d) and ment. Where the property sought for forfeiture (1) Section 33(a) of title 18, United States Code inserting the following new subsection: is located beyond the territorial boundaries of is amended by inserting ‘‘or conspires’’ before ‘‘(c) A person appointed as United States at- the United States, an act in furtherance of such ‘‘to do any of the aforesaid acts’’. torney under this section may serve until the

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00075 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27842 CONGRESSIONAL RECORD—HOUSE December 8, 2005 qualification of a United States Attorney for Attorney General’’ and inserting ‘‘, the Deputy amended by inserting ‘‘or National Security Di- such district appointed by the President under Attorney General, or, upon the designation of vision’’ after ‘‘Criminal Division’’. section 541 of this title. ’’. the Attorney General, the Assistant Attorney (c) CLERICAL AMENDMENTS.—The table of sec- SEC. 503. SECRETARY OF HOMELAND SECURITY General designated as the Assistant Attorney tions at the beginning of chapter 31 of title 28, IN PRESIDENTIAL LINE OF SUCCES- General for National Security under section United States Code, is amended— SION. 507A of title 28, United States Code’’. (1) by inserting after the item relating to sec- Section 19(d)(1) of title 3, United States Code, (6) AUTHORIZATION FOR INTERCEPTION OF tion 507 the following new item: is amended by inserting ‘‘, Secretary of Home- COMMUNICATIONS.—Section 2516(1) of title 18, ‘‘507A. Assistant Attorney General for National land Security’’ after ‘‘Secretary of Veterans Af- United States Code, is amended by inserting ‘‘or Security.’’; fairs’’. National Security Division’’ after ‘‘the Criminal SEC. 504. BUREAU OF ALCOHOL, TOBACCO AND Division’’. and FIREARMS TO THE DEPARTMENT OF (7) AUTHORITY TO ACT FOR ATTORNEY GENERAL (2) by inserting after the item relating to sec- JUSTICE. IN MATTERS INVOLVING WITNESS RELOCATION OR tion 509 the following new item: The second sentence of section 1111(a)(2) of PROTECTION.—Section 3521(d)(3) of title 18, ‘‘509A. National Security Division.’’. the Homeland Security Act of 2002 (6 U.S.C. United States Code, is amended by striking ‘‘to 531(a)(2)) is amended by striking ‘‘Attorney the Assistant Attorney General in charge of the (d) PROCEDURES FOR CONFIRMATION OF THE General’’ the first place it appears and inserting Criminal Division of the Department of Justice’’ ASSISTANT ATTORNEY GENERAL FOR NATIONAL ‘‘President, by and with the advice and consent and inserting ‘‘to any Assistant Attorney Gen- SECURITY.—(1) Section 17 of Senate Resolution of the Senate’’. eral in charge of the Criminal Division or Na- 400 (94th Congress) is amended— (A) in subsection (a), by striking ‘‘(a) The’’ SEC. 505. QUALIFICATIONS OF UNITED STATES tional Security Division of the Department of and inserting ‘‘(a)(1) Except as otherwise pro- MARSHALS. Justice’’. vided in subsection (b), the’’; Section 561 of title 28, United States Code, is (8) PROSECUTION OF CASES INVOLVING CLASSI- (B) in subsection (b), by striking ‘‘(b)’’ and in- amended by adding at the end the following FIED INFORMATION.—Section 9A(a) of the Classi- serting ‘‘(2)’’; and new subsection: fied Information Procedures Act (18 U.S.C. (C) by inserting after subsection (a) the fol- ‘‘(i) Each marshal appointed under this sec- App.) is amended by inserting ‘‘or the Assistant lowing new subsection: tion should have— Attorney General for National Security, as ap- ‘‘(b)(1) With respect to the confirmation of the ‘‘(1) a minimum of 4 years of command-level propriate,’’ after ‘‘Assistant Attorney General Assistant Attorney General for National Secu- law enforcement management duties, including for the Criminal Division’’. rity, or any successor position, the nomination personnel, budget, and accountable property (9) INTELLIGENCE AND NATIONAL SECURITY AS- of any individual by the President to serve in issues, in a police department, sheriff’s office or PECTS OF ESPIONAGE PROSECUTION.—Section such position shall be referred to the Committee Federal law enforcement agency; 341(b) of the Intelligence Authorization Act for on the Judiciary and, if and when reported, to ‘‘(2) experience in coordinating with other law Fiscal Year 2004 (28 U.S.C. 519 note) is amended the select Committee for not to exceed 20 cal- enforcement agencies, particularly at the State by striking ‘‘acting through the Office of Intel- endar days, except that in cases when the 20- and local level; ligence Policy and Review of the Department of day period expires while the Senate is in recess, ‘‘(3) college-level academic experience; and Justice’’ and inserting ‘‘acting through the As- the select Committee shall have 5 additional cal- ‘‘(4) experience in or with county, State, and sistant Attorney General for National Security’’. endar days after the Senate reconvenes to report Federal court systems or experience with protec- (10) CERTIFICATIONS FOR CERTAIN UNDERCOVER the nomination. tion of court personnel, jurors, and witnesses.’’. FOREIGN INTELLIGENCE AND COUNTERINTEL- ‘‘(2) If, upon the expiration of the period de- SECTION 506. DEPARTMENT OF JUSTICE INTEL- LIGENCE INVESTIGATIVE OPERATIONS.—Section scribed in paragraph (1), the select Committee LIGENCE MATTERS. 102(b)(1) of Public Law 102–395 (28 U.S.C. 533 has not reported the nomination, such nomina- (a) ASSISTANT ATTORNEY GENERAL FOR NA- note) is amended by striking ‘‘Counsel for Intel- tion shall be automatically discharged from the TIONAL SECURITY.— ligence Policy’’ and inserting ‘‘Assistant Attor- select Committee and placed on the Executive (1) IN GENERAL.—Chapter 31 of title 28, United ney General for National Security’’. Calendar.’’. States Code, is amended by inserting after sec- (11) INCLUSION IN FEDERAL LAW ENFORCEMENT (2) Paragraph (1) is enacted— tion 507 the following new section: COMMUNITY FOR EMERGENCY FEDERAL LAW EN- (A) as an exercise of the rulemaking power of ‘‘§ 507A. Assistant Attorney General for Na- FORCEMENTS ASSISTANCE PURPOSES.—Section the Senate; and tional Security 609N(2) of the Justice Assistance Act of 1984 (42 (B) with full recognition of the constitutional ‘‘(a) Of the Assistant Attorneys General ap- U.S.C. 10502(2)) is amended— right of the Senate to change the rules of the pointed under section 506, one shall serve, upon (A) by redesignating subparagraphs (L) and Senate at any time and to the same extent as in the designation of the President, as the Assist- (M) as subparagraphs (M) and (N), respectively; the case of any other rule of the Senate. ant Attorney General for National Security. and SEC. 507. REVIEW BY ATTORNEY GENERAL. (B) by inserting after subparagraph (K) the ‘‘(b) The Assistant Attorney General for Na- (a) APPLICABILITY.—Section 2261 of title 28, tional Security shall— following new subparagraph (L): United States Code, is amended by striking sub- ‘‘(1) serve as the head of the National Security ‘‘(L) the National Security Division of the De- section (b) and inserting the following: partment of Justice,’’. Division of the Department of Justice under sec- ‘‘(b) COUNSEL.—This chapter is applicable if— (b) NATIONAL SECURITY DIVISION OF DEPART- tion 509A of this title; ‘‘(1) the Attorney General of the United States ‘‘(2) serve as primary liaison to the Director of MENT OF JUSTICE.— certifies that a State has established a mecha- (1) IN GENERAL.—Chapter 31 of title 28, United National Intelligence for the Department of Jus- nism for providing counsel in postconviction States Code, is further amended by inserting tice; and proceedings as provided in section 2265; and ‘‘(3) perform such other duties as the Attorney after section 509 the following new section: ‘‘(2) counsel was appointed pursuant to that General may prescribe.’’. ‘‘§ 509A. National Security Division mechanism, petitioner validly waived counsel, (2) ADDITIONAL ASSISTANT ATTORNEY GEN- ‘‘(a) There is a National Security Division of petitioner retained counsel, or petitioner was ERAL.—Section 506 of title 28, United States the Department of Justice. found not to be indigent.’’. Code, is amended by striking ‘‘ten’’ and insert- ‘‘(b) The National Security Division shall con- (b) SCOPE OF PRIOR REPRESENTATION.—Sec- ing ‘‘11’’. sist of the elements of the Department of Justice tion 2261(d) of title 28, United States Code is (3) EXECUTIVE SCHEDULE MATTERS.—Section (other than the Federal Bureau of Investiga- amended by striking ‘‘or on direct appeal’’. 5315 of title 5, United States Code, is amended tion) engaged primarily in support of the intel- (c) CERTIFICATION AND JUDICIAL REVIEW.— by striking the matter relating to Assistant At- ligence and intelligence-related activities of the (1) IN GENERAL.—Chapter 154 of title 28, torneys General and inserting the following: United States Government, including the fol- United States Code, is amended by striking sec- ‘‘ Assistant Attorneys General (11).’’. lowing: tion 2265 and inserting the following: (4) CONSULTATION OF DIRECTOR OF NATIONAL ‘‘(1) The Assistant Attorney General des- ‘‘§ 2265. Certification and judicial review INTELLIGENCE IN APPOINTMENT.—Section ignated as the Assistant Attorney General for ‘‘(a) CERTIFICATION.— 106(c)(2) of the National Security Act of 1947 (50 National Security under section 507A of this ‘‘(1) IN GENERAL.—If requested by an appro- U.S.C. 403–6(c)(2)) is amended by adding at the title. priate State official, the Attorney General of the end the following new subparagraph: ‘‘(2) The Office of Intelligence Policy and Re- United States shall determine— ‘‘(C) The Assistant Attorney General des- view (or any successor organization). ‘‘(A) whether the State has established a ignated as the Assistant Attorney General for ‘‘(3) The counterterrorism section (or any suc- mechanism for the appointment, compensation, National Security under section 507A of title 28, cessor organization). and payment of reasonable litigation expenses United States Code.’’. ‘‘(4) The counterespionage section (or any of competent counsel in State postconviction (5) AUTHORITY TO ACT FOR ATTORNEY GENERAL successor organization). proceedings brought by indigent prisoners who UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT ‘‘(5) Any other element, component, or office have been sentenced to death; OF 1978.—Section 101(g) of the Foreign Intel- designated by the Attorney General.’’. ‘‘(B) the date on which the mechanism de- ligence Surveillance Act of 1978 (50 U.S.C. (2) PROHIBITION ON POLITICAL ACTIVITY.—Sec- scribed in subparagraph (A) was established; 1801(g)) is amended by striking ‘‘or the Deputy tion 7323(b)(3) of title 5, United States Code, is and

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INTERFERENCE WITH NATIONAL SPE- (4) in each of subsections (d)(4)(B) and cation under this subsection. CIAL SECURITY EVENTS. (d)(6)(B), by inserting ‘‘a sponsoring entity of ‘‘(3) ONLY EXPRESS REQUIREMENTS.—There are (a) IN GENERAL.—Section 1752 of title 18, an event designated by the President as a spe- no requirements for certification or for applica- United States Code, is amended— cial event of national significance,’’ after ‘‘po- tion of this chapter other than those expressly (1) in subsection (a)— litical subdivision of a State,’’. stated in this chapter. (A) by amending paragraph (1) to read as fol- ‘‘(b) REGULATIONS.—The Attorney General lows: SEC. 604. FORENSIC AND INVESTIGATIVE SUP- shall promulgate regulations to implement the PORT OF MISSING AND EXPLOITED ‘‘(1) willfully and knowingly to enter or re- CHILDREN CASES. certification procedure under subsection (a). main in any posted, cordoned off, or otherwise Section 3056(f) of title 18, United States Code, ‘‘(c) REVIEW OF CERTIFICATION.— restricted area of a building or grounds where is amended by striking ‘‘officers and agents of ‘‘(1) IN GENERAL.—The determination by the the President or other person protected by the the Secret Service are’’ and inserting ‘‘the Secret Attorney General regarding whether to certify a Secret Service is or will be temporarily vis- Service is’’. State under this section is subject to review ex- iting;’’; (B) by redesignating paragraphs (2), (3), and SEC. 605. THE UNIFORMED DIVISION, UNITED clusively as provided under chapter 158 of this STATES SECRET SERVICE. title. (4) as paragraphs (3), (4), and (5), respectively; (a) IN GENERAL.—Chapter 203 of title 18, (C) by inserting after paragraph (1) the fol- ‘‘(2) VENUE.—The Court of Appeals for the United States Code, is amended by inserting lowing new paragraph: District of Columbia Circuit shall have exclusive after section 3056 the following: jurisdiction over matters under paragraph (1), ‘‘(2) willfully and knowingly to enter or re- ‘‘§ 3056A. Powers, authorities, and duties of subject to review by the Supreme Court under main in any posted, cordoned off, or otherwise United States Secret Service Uniformed Di- section 2350 of this title. restricted area of a building or grounds so re- vision ‘‘(3) STANDARD OF REVIEW.—The determina- stricted in conjunction with an event designated tion by the Attorney General regarding whether as a special event of national significance;’’; ‘‘(a) There is hereby created and established a to certify a State under this section shall be sub- (D) in paragraph (3), as redesignated by sub- permanent police force, to be known as the ject to de novo review.’’. paragraph (B)— ‘United States Secret Service Uniformed Divi- (i) by inserting ‘‘willfully, knowingly, and’’ sion’. Subject to the supervision of the Secretary (2) CLERICAL AMENDMENT.—The table of sec- of Homeland Security, the United States Secret tions for chapter 154 of title 28, United States before ‘‘with intent to impede or disrupt’’; Service Uniformed Division shall perform such Code, is amended by striking the item related to (ii) by striking ‘‘designated’’ and inserting duties as the Director, United States Secret section 2265 and inserting the following: ‘‘described’’; and (iii) by inserting ‘‘or (2)’’ after ‘‘paragraph Service, may prescribe in connection with the ‘‘2265. Certification and judicial review.’’. (1)’’; protection of the following: (E) in paragraph (4), as redesignated by sub- ‘‘(1) The White House in the District of Co- (d) APPLICATION TO PENDING CASES.— paragraph (B)— lumbia. (1) IN GENERAL.—This section and the amend- (i) by striking ‘‘designated or enumerated’’ ‘‘(2) Any building in which Presidential of- ments made by this section shall apply to cases and inserting ‘‘described’’; and fices are located. pending on or after the date of enactment of (ii) by inserting ‘‘or (2)’’ after ‘‘paragraph ‘‘(3) The Treasury Building and grounds. this Act. (1)’’; and ‘‘(4) The President, the Vice President (or (2) TIME LIMITS.—In a case pending on the (F) in paragraph (5), as redesignated by sub- other officer next in the order of succession to date of enactment of this Act, if the amendments paragraph (B)— the Office of President), the President-elect, the made by this section establish a time limit for (i) by striking ‘‘designated or enumerated’’ Vice President-elect, and their immediate fami- taking certain action, the period of which began and inserting ‘‘described’’; and lies. on the date of an event that occurred prior to (ii) by inserting ‘‘or (2)’’ after ‘‘paragraph ‘‘(5) Foreign diplomatic missions located in the date of enactment of this Act, the period of (1)’’; the metropolitan area of the District of Colum- such time limit shall instead begin on the date (2) by amending subsection (b) to read as fol- bia. of enactment of this Act. lows: ‘‘(6) The temporary official residence of the (e) TIME LIMITS.—Section 2266(b)(1)(A) of title ‘‘(b) Violation of this section, and attempts or Vice President and grounds in the District of 28, United States Code, is amended by striking conspiracies to commit such violations, shall be Columbia. ‘‘180 days after the date on which the applica- punishable by— ‘‘(7) Foreign diplomatic missions located in tion is filed’’ and inserting ‘‘450 days after the ‘‘(1) a fine under this title or imprisonment for metropolitan areas (other than the District of date on which the application is filed, or 60 not more than 10 years, or both, if— Columbia) in the United States where there are days after the date on which the case is sub- ‘‘(A) the person, during and in relation to the located twenty or more such missions headed by mitted for decision, whichever is earlier’’. offense, uses or carries a deadly or dangerous full-time officers, except that such protection (f) STAY OF STATE COURT PROCEEDINGS.—Sec- weapon or firearm; or shall be provided only— tion 2251 of title 28, United States Code, is ‘‘(B) the offense results in significant bodily ‘‘(A) on the basis of extraordinary protective amended— injury as defined by section 2118(e)(3); and need; (1) in the first undesignated paragraph, by ‘‘(2) a fine under this title or imprisonment for ‘‘(B) upon request of an affected metropolitan striking ‘‘A justice’’ and inserting the following: not more than one year, or both, in any other area; and ‘‘(C) when the extraordinary protective need ‘‘(a) IN GENERAL.— case.’’; and arises at or in association with a visit to— (3) by striking subsection (d) and redesig- ‘‘(1) PENDING MATTERS.—A justice’’; ‘‘(i) a permanent mission to, or an observer nating subsections (e) and (f) as subsections (d) (2) in the second undesignated paragraph, by mission invited to participate in the work of, an and (e), respectively. striking ‘‘After the’’ and inserting the following: international organization of which the United (b) CLERICAL AMENDMENT.—(1) The heading ‘‘(b) NO FURTHER PROCEEDINGS.—After the’’; States is a member; or of such section is amended to read as follows: and ‘‘(ii) an international organization of which (3) in subsection (a), as so designated by para- ‘‘§ 1752. Restricted building or grounds’’. the United States is a member; graph (1), by adding at the end the following: (2) The item relating to such section in the except that such protection may also be pro- ‘‘(2) MATTER NOT PENDING.—For purposes of table of sections at the beginning of chapter 84 vided for motorcades and at other places associ- this section, a habeas corpus proceeding is not of such title is amended to read as follows: ated with any such visit and may be extended at pending until the application is filed. ‘‘1752. Restricted building or grounds.’’. places of temporary domicile in connection with ‘‘(3) APPLICATION FOR APPOINTMENT OF COUN- any such visit. SEL.—If a State prisoner sentenced to death ap- SEC. 603. FALSE CREDENTIALS TO NATIONAL SPE- ‘‘(8) Foreign consular and diplomatic missions plies for appointment of counsel pursuant to CIAL SECURITY EVENTS. located in such areas in the United States, its section 3599(a)(2) of title 18 in a court that Section 1028 of title 18, United States Code, is territories and possessions, as the President, on would have jurisdiction to entertain a habeas amended— a case-by-case basis, may direct. corpus application regarding that sentence, that (1) in subsection (a)(6), by inserting ‘‘or a ‘‘(9) Visits of foreign government officials to court may stay execution of the sentence of sponsoring entity of an event designated as a metropolitan areas (other than the District of death, but such stay shall terminate not later special event of national significance’’ after Columbia) where there are located twenty or than 90 days after counsel is appointed or the ‘‘States’’; more consular or diplomatic missions staffed by application for appointment of counsel is with- (2) in subsection (c)(1), by inserting ‘‘or a accredited personnel, including protection for drawn or denied.’’. sponsoring entity of an event designated as a motorcades and at other places associated with

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such visits when such officials are in the United cial Code) is amended by striking ‘‘sections (1) IN GENERAL.—Section 102 of the Controlled States to conduct official business with the 202(8) and 208 of title 3’’ and inserting ‘‘section Substances Act (21 U.S.C. 802) is amended— United States Government. 3056A(a)(7) and (d) of title 18’’. (A) by redesignating paragraph (46) as para- ‘‘(10) Former Presidents and their spouses, as (e) ADDITIONAL CONFORMING AMENDMENTS.— graph (49); and provided in section 3056(a)(3) of title 18. (1) Title 12, United States Code, section 3414, (B) by inserting after paragraph (44) the fol- ‘‘(11) An event designated under section ‘‘Special procedures’’, is amended by striking ‘‘3 lowing paragraphs: 3056(e) of title 18 as a special event of national U.S.C. 202’’ in subsection (a)(1)(B) and inserting ‘‘(45)(A) The term ‘scheduled listed chemical significance. ‘‘18 U.S.C. 3056A’’. product’ means, subject to subparagraph (B), a ‘‘(12) Major Presidential and Vice Presidential (2) The State Department Basic Authorities product that— candidates and, within 120 days of the general Act of 1956 is amended— ‘‘(i) contains ephedrine, pseudoephedrine, or (A) in the first sentence of section 37(c) (22 Presidential election, the spouses of such can- phenylpropanolamine; and U.S.C. 2709(c)), by striking ‘‘section 202 of title didates, as provided in section 3056(a)(7) of title ‘‘(ii) may be marketed or distributed lawfully 3, United States Code, or section 3056 of title 18, 18. in the United States under the Federal, Food, United States Code’’ and inserting ‘‘section 3056 ‘‘(13) Visiting heads of foreign states or for- Drug, and Cosmetic Act as a nonprescription eign governments. or 3056A of title 18, United States Code’’; (B) in section 204(e) (22 U.S.C. 4304(e)), by drug. ‘‘(b)(1) Under the direction of the Director of Each reference in clause (i) to ephedrine, the Secret Service, members of the United States striking ‘‘section 202 of title 3, United States Code, or section 3056 of title 18, United States pseudoephedrine, or phenylpropanolamine in- Secret Service Uniformed Division are author- cludes each of the salts, optical isomers, and ized to— Code’’ and inserting ‘‘section 3056 or 3056A of title 18, United States Code’’; and salts of optical isomers of such chemical. ‘‘(A) carry firearms; ‘‘(B) Such term does not include a product de- ‘‘(B) make arrests without warrant for any of- (C) in section 214(a) (22 U.S.C. 4314(a)), by striking ‘‘sections 202(7) and 208 of title 3, scribed in subparagraph (A) if the product con- fense against the United States committed in tains a chemical specified in such subparagraph their presence, or for any felony cognizable United States Code’’ and inserting ‘‘subsections (a)(7) and (d) of section 3056A of title 18, United that the Attorney General has under section under the laws of the United States if they have 201(a) added to any of the schedules under sec- reasonable grounds to believe that the person to States Code’’. (3) Section 8D(a)(1)(F) of the Inspector Gen- tion 202(c). In the absence of such scheduling by be arrested has committed or is committing such eral Act of 1978 (5 U.S.C. App.) is amended by the Attorney General, a chemical specified in felony; and striking ‘‘section 202 of title 3’’ and inserting such subparagraph may not be considered to be ‘‘(C) perform such other functions and duties ‘‘section 3056A of title 18’’. a controlled substance. as are authorized by law. (4) Section 8I(a)(1)(E) of the Inspector General ‘‘(46) The term ‘regulated seller’ means a retail ‘‘(2) Members of the United States Secret Serv- Act of 1978 (5 U.S.C. App.) is amended by strik- distributor (including a pharmacy or a mobile ice Uniformed Division shall possess privileges ing ‘‘section 202 of title 3’’ and inserting ‘‘sec- retail vendor), except that such term does not and powers similar to those of the members of tion 3056A of title 18’’. include an employee or agent of such dis- the Metropolitan Police of the District of Colum- tributor. bia. SEC. 606. SAVINGS PROVISIONS. ‘‘(47) The term ‘mobile retail vendor’ means a ‘‘(c) Members of the United States Secret Serv- (a) This title does not affect the retirement person or entity that makes sales at retail from ice Uniformed Division shall be furnished with benefits of current employees or annuitants that a stand that is intended to be temporary, or is uniforms and other necessary equipment. existed on the day before the effective date of ‘‘(d) In carrying out the functions pursuant to this Act. capable of being moved from one location to an- (b) This title does not affect any Executive paragraphs (7) and (9) of subsection (a), the other, whether the stand is located within or on Order transferring to the Secretary of State the Secretary of Homeland Security may utilize, the premises of a fixed facility (such as a kiosk authority of section 208 of title 3 (now section with their consent, on a reimbursable basis, the at a shopping center or an airport) or whether 3056A(d) of title 18) in effect on the day before services, personnel, equipment, and facilities of the stand is located on unimproved real estate the effective date of this Act. State and local governments, and is authorized (such as a lot or field leased for retail purposes). to reimburse such State and local governments SEC. 607. MAINTENANCE AS DISTINCT ENTITY. ‘‘(48) The term ‘at retail’, with respect to the for the utilization of such services, personnel, Section 3056 of title 18 is amended by adding sale or purchase of a scheduled listed chemical equipment, and facilities. The Secretary of the following at the end of the section: product, means a sale or purchase for personal ‘‘(g) The United States Secret Service shall be Homeland Security may carry out the functions use, respectively.’’. maintained as a distinct entity within the De- pursuant to paragraphs (7) and (9) of subsection (2) CONFORMING AMENDMENTS.—The Con- partment of Homeland Security and shall not be (a) by contract. The authority of this subsection trolled Substances Act (21 U.S.C. 801 et seq.) is merged with any other Department function. No may be transferred by the President to the Sec- amended— personnel and operational elements of the retary of State. In carrying out any duty under (A) in section 102, in paragraph (49) (as redes- United States Secret Service shall report to an paragraphs (7) and (9) of subsection (a), the ignated by paragraph (1)(A) of this sub- individual other than the Director of the United Secretary of State is authorized to utilize any section)— States Secret Service, who shall report directly authority available to the Secretary under title (i) in subparagraph (A), by striking to the Secretary of Homeland Security without II of the State Department Basic Authorities Act ‘‘pseudoephedrine or’’ and inserting ‘‘ephedrine, being required to report through any other offi- of 1956.’’. pseudoephedrine, or’’; and cial of the Department.’’. (b) AMENDMENT TO TABLE OF SECTIONS.—The (ii) by striking subparagraph (B) and redesig- table of sections at the beginning of chapter 203 SEC. 608. EXEMPTIONS FROM THE FEDERAL ADVI- nating subparagraph (C) as subparagraph (B); SORY COMMITTEE ACT. of title 18, United States Code, is amended by in- and (a) ADVISORY COMMITTEE REGARDING PROTEC- serting after the item relating to section 3056 the (B) in section 310(b)(3)(D)(ii), by striking TION OF MAJOR PRESIDENTIAL AND VICE PRESI- following new item: ‘‘102(46)’’ and inserting ‘‘102(49)’’. DENTIAL CANDIDATES.—Section 3056(a)(7) of title (b) RESTRICTIONS ON SALES QUANTITY; BE- 3056A. Powers, authorities, and duties of United 18, United States Code, is amended by inserting HIND-THE-COUNTER ACCESS; LOGBOOK REQUIRE- States Secret Service Uniformed ‘‘The Committee shall not be subject to the Fed- MENT; TRAINING OF SALES PERSONNEL; PRIVACY Division. eral Advisory Committee Act (5 U.S.C. App. 2).’’ PROTECTIONS.— after ‘‘other members of the Committee.’’. (c) CONFORMING REPEAL TO EFFECTUATE (1) IN GENERAL.—Section 310 of the Controlled (b) ELECTRONIC CRIMES TASK FORCES.—Sec- TRANSFER.—Chapter 3 of title 3, United States Substances Act (21 U.S.C. 830) is amended by tion 105 of Public Law 107–56 (18 U.S.C. 3056 Code, is repealed. adding at the end the following subsections: note) is amended by inserting ‘‘The electronic (d) CONFORMING AMENDMENTS TO LAWS AF- ‘‘(d) SCHEDULED LISTED CHEMICALS; RESTRIC- crimes task forces shall not be subject to the FECTING DISTRICT OF COLUMBIA.—(1) Section TIONS ON SALES QUANTITY; REQUIREMENTS RE- Federal Advisory Committee Act (5 U.S.C. App. 1537(d) of title 31, United States Code, is amend- GARDING NONLIQUID FORMS.—With respect to 2).’’ after ‘‘financial payment systems.’’. ed— ephedrine base, pseudoephedrine base, or phen- (A) by striking ‘‘and the Executive Protective TITLE VII—COMBAT METHAMPHETAMINE ylpropanolamine base in a scheduled listed Service’’ and inserting ‘‘and the Secret Service EPIDEMIC ACT OF 2005 chemical product— Uniformed Division’’; and SEC. 701. SHORT TITLE. ‘‘(1) the quantity of such base sold at retail in (B) by striking ‘‘their protective duties’’ and This title may be cited as the ‘‘Combat Meth- such a product by a regulated seller, or a dis- all that follows and inserting ‘‘their protective amphetamine Epidemic Act of 2005’’. tributor required to submit reports by subsection duties under sections 3056 and 3056A of title 18.’’ Subtitle A—Domestic Regulation of Precursor (b)(3) may not, for any purchaser, exceed a (2) Section 204(e) of the State Department Chemicals daily amount of 3.6 grams, without regard to the Basic Authorities Act (sec. 6—1304(e), D.C. Offi- SEC. 711. SCHEDULED LISTED CHEMICAL PROD- number of transactions; and cial Code) is amended by striking ‘‘section 202 of UCTS; RESTRICTIONS ON SALES ‘‘(2) such a seller or distributor may not sell title 3, United States Code, or section 3056’’ and QUANTITY, BEHIND-THE-COUNTER such a product in nonliquid form (including gel inserting ‘‘sections 3056 or 3056A’’. ACCESS, AND OTHER SAFEGUARDS. caps) at retail unless the product is packaged in (3) Section 214(a) of the State Department (a) SCHEDULED LISTED CHEMICAL PROD- blister packs, each blister containing not more Basic Authorities Act (sec. 6—1313(a), D.C. Offi- UCTS.— than 2 dosage units, or where the use of blister

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27845 packs is technically infeasible, the product is ‘‘(ix) If the seller is a mobile retail vendor: formation in the logbook under subparagraph packaged in unit dose packets or pouches. ‘‘(I) The seller complies with clause (i) by (A)(iii) shall be considered a matter within the ‘‘(e) SCHEDULED LISTED CHEMICALS; BEHIND- placing the product in a locked cabinet. jurisdiction of the executive, legislative, or judi- THE-COUNTER ACCESS; LOGBOOK REQUIREMENT; ‘‘(II) The seller does not sell more than 7.5 cial branch of the Government of the United TRAINING OF SALES PERSONNEL; PRIVACY PRO- grams of ephedrine base, pseudoephedrine base, States. TECTIONS.— or phenylpropanolamine base in such products ‘‘(E) GOOD FAITH PROTECTION.—A regulated ‘‘(1) REQUIREMENTS REGARDING RETAIL TRANS- per customer during a 30-day period. seller who in good faith releases information in ACTIONS.— ‘‘(B) ADDITIONAL PROVISIONS REGARDING CER- a logbook under subparagraph (A)(iii) to Fed- ‘‘(A) IN GENERAL.—Each regulated seller shall TIFICATIONS AND TRAINING.— eral, State, or local law enforcement authorities ensure that, subject to subparagraph (F), sales ‘‘(i) IN GENERAL.—A regulated seller may not is immune from civil liability for such release by such seller of a scheduled listed chemical sell any scheduled listed chemical product at re- unless the release constitutes gross negligence or product at retail are made in accordance with tail unless the seller has submitted to the Attor- intentional, wanton, or willful misconduct. the following: ney General the self-certification referred to in ‘‘(F) INAPPLICABILITY OF REQUIREMENTS TO ‘‘(i) In offering the product for sale, the seller subparagraph (A)(vii). The certification is not CERTAIN SALES.—Subparagraph (A) does not places the product such that customers do not effective for purposes of the preceding sentence apply to the sale at retail of a scheduled listed have direct access to the product before the sale unless, in addition to provisions regarding the chemical product if a report on the sales trans- is made (in this paragraph referred to as ‘be- training of individuals referred to in such sub- action is required to be submitted to the Attor- hind-the-counter’ placement). For purposes of paragraph, the certification includes a state- ney General under subsection (b)(3). this paragraph, a behind-the-counter placement ment that the seller understands each of the re- ‘‘(G) CERTAIN MEASURES REGARDING THEFT of a product includes circumstances in which quirements that apply under this paragraph AND DIVERSION.—A regulated seller may take the product is stored in a locked cabinet that is and under subsection (d) and agrees to comply reasonable measures to guard against employing located in an area of the facility involved to with the requirements. individuals who may present a risk with respect which customers do have direct access. ‘‘(ii) ISSUANCE OF CRITERIA; SELF-CERTIFI- to the theft and diversion of scheduled listed ‘‘(ii) The seller delivers the product directly CATION.—The Attorney General shall by regula- chemical products, which may include, notwith- into the custody of the purchaser. tion establish criteria for certifications under standing State law, asking applicants for em- ‘‘(iii) The seller maintains, in accordance with this paragraph. The criteria shall— ployment whether they have been convicted of criteria issued by the Attorney General, a writ- ‘‘(I) provide that the certifications are self- any crime involving or related to such products ten or electronic list of such sales that identifies certifications provided through the program or controlled substances.’’. the products by name, the quantity sold, the under clause (iii); (2) EFFECTIVE DATES.—With respect to sub- names and addresses of purchasers, and the ‘‘(II) provide that a separate certification is sections (d) and (e)(1) of section 310 of the Con- dates and times of the sales (which list is re- required for each place of business at which a trolled Substances Act, as added by paragraph ferred to in this subsection as the ‘logbook’), ex- regulated seller sells scheduled listed chemical (1) of this subsection: cept that such requirement does not apply to products at retail; and (A) Such subsection (d) applies on and after any purchase by an individual of a single sales ‘‘(III) include criteria for training under sub- the expiration of the 30-day period beginning on package if that package contains not more than paragraph (A)(vii). the date of the enactment of this Act. 60 milligrams of pseudoephedrine. ‘‘(iii) PROGRAM FOR REGULATED SELLERS.— (B) Such subsection (e)(1) applies on and after ‘‘(iv) In the case of a sale to which the re- The Attorney General shall establish a program September 30, 2006. quirement of clause (iii) applies, the seller does regarding such certifications and training in ac- (c) MAIL-ORDER REPORTING.— not sell such a product unless— cordance with the following: (1) IN GENERAL.—Section 310(e) of the Con- ‘‘(I) the prospective purchaser— ‘‘(I) The program shall be carried out through trolled Substances Act, as added by subsection ‘‘(aa) presents an identification card that pro- an Internet site of the Department of Justice (b)(1) of this section, is amended by adding at vides a photograph and is issued by a State or and such other means as the Attorney General the end the following: the Federal Government, or a document that, determines to be appropriate. ‘‘(2) MAIL-ORDER REPORTING; VERIFICATION OF with respect to identification, is considered ac- ‘‘(II) The program shall inform regulated sell- IDENTITY OF PURCHASER; 30-DAY RESTRICTION ON ceptable for purposes of sections ers that section 1001 of title 18, United States QUANTITIES FOR INDIVIDUAL PURCHASERS.—Each 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of title Code, applies to such certifications. regulated person who makes a sale at retail of a 8, Code of Federal Regulations (as in effect on ‘‘(III) The program shall make available to scheduled listed chemical product and is re- or after the date of the enactment of the Combat such sellers an explanation of the criteria under quired under subsection (b)(3) to submit a report Methamphetamine Epidemic Act of 2005); and ‘‘(bb) signs the logbook and enters in the log- clause (ii). of the sales transaction to the Attorney General book his or her name, address, and the date and ‘‘(IV) The program shall be designed to permit is subject to the following: time of the sale; and the submission of the certifications through ‘‘(A) The person shall, prior to shipping the ‘‘(II) the seller— such Internet site. product, confirm the identity of the purchaser ‘‘(aa) determines that the name entered in the ‘‘(V) The program shall be designed to auto- in accordance with procedures established by logbook corresponds to the name provided on matically provide the explanation referred to in the Attorney General. The Attorney General such identification and that the date and time subclause (III), and an acknowledgement that shall by regulation establish such procedures. entered are correct; and the Department has received a certification, ‘‘(B) The person may not sell more than 7.5 ‘‘(bb) enters in the logbook the name of the without requiring direct interactions of regu- grams of ephedrine base, pseudoephedrine base, product and the quantity sold. lated sellers with staff of the Department (other or phenylpropanolamine base in such products ‘‘(v) The logbook includes, in accordance with than the provision of technical assistance, as per customer during a 30-day period.’’. criteria of the Attorney General, a notice to pur- appropriate). (2) INAPPLICABILITY OF REPORTING EXEMPTION chasers that entering false statements or mis- ‘‘(iv) AVAILABILITY OF CERTIFICATION TO FOR RETAIL DISTRIBUTORS.—Section representations in the logbook may subject the STATE AND LOCAL OFFICIALS.—Promptly after re- 310(b)(3)(D)(ii) of the Controlled Substances Act purchasers to criminal penalties under section ceiving a certification under subparagraph (21 U.S.C. 830(b)(3)(D)(ii)) is amended by insert- 1001 of title 18, United States Code, which notice (A)(vii), the Attorney General shall make avail- ing before the period the following: ‘‘, except specifies the maximum fine and term of impris- able a copy of the certification to the appro- that this clause does not apply to sales of sched- onment under such section. priate State and local officials. uled listed chemical products at retail’’. ‘‘(vi) The seller maintains each entry in the ‘‘(C) PRIVACY PROTECTIONS.—In order to pro- (3) EFFECTIVE DATE.—The amendments made logbook for not fewer than two years after the tect the privacy of individuals who purchase by paragraphs (1) and (2) apply on and after date on which the entry is made. scheduled listed chemical products, the Attorney the expiration of the 30-day period beginning on ‘‘(vii) In the case of individuals who are re- General shall by regulation establish restrictions the date of the enactment of this Act. sponsible for delivering such products into the on disclosure of information in logbooks under (d) EXEMPTIONS FOR CERTAIN PRODUCTS.— custody of purchasers or who deal directly with subparagraph (A)(iii). Such regulations shall— Section 310(e) of the Controlled Substances Act, purchasers by obtaining payments for the prod- ‘‘(i) provide for the disclosure of the informa- as added and amended by subsections (b) and ucts, the seller has submitted to the Attorney tion as appropriate to the Attorney General and (c) of this section, respectively, is amended by General a self-certification that all such individ- to State and local law enforcement agencies; adding at the end the following paragraph: uals have, in accordance with criteria under and ‘‘(3) EXEMPTIONS FOR CERTAIN PRODUCTS.— subparagraph (B)(ii), undergone training pro- ‘‘(ii) prohibit accessing, using, or sharing in- Upon the application of a manufacturer of a vided by the seller to ensure that the individuals formation in the logbooks for any purpose other scheduled listed chemical product, the Attorney understand the requirements that apply under than to ensure compliance with this title or to General may by regulation provide that the this subsection and subsection (d). facilitate a product recall to protect public product is exempt from the provisions of sub- ‘‘(viii) The seller maintains a copy of such cer- health and safety. section (d) and paragraphs (1) and (2) of this tification and records demonstrating that indi- ‘‘(D) FALSE STATEMENTS OR MISREPRESENTA- subsection if the Attorney General determines viduals referred to in clause (vii) have under- TIONS BY PURCHASERS.—For purposes of section that the product cannot be used in the illicit gone the training. 1001 of title 18, United States Code, entering in- manufacture of methamphetamine.’’.

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(e) RESTRICTIONS ON QUANTITY PURCHASED stances Act as applied to the regulation of (7) by adding at the end the following sub- DURING 30-DAY PERIOD.— scheduled listed chemicals (as defined in section section: (1) IN GENERAL.—Section 404(a) of the Con- 102(45) of such Act). ‘‘(g) Each reference in this section to ephed- trolled Substances Act (21 U.S.C. 844(a)) is SEC. 712. REGULATED TRANSACTIONS. rine, pseudoephedrine, or phenylpropanolamine amended by inserting after the second sentence (a) CONFORMING AMENDMENTS REGARDING includes each of the salts, optical isomers, and the following: ‘‘It shall be unlawful for any per- SCHEDULED LISTED CHEMICALS.—The Controlled salts of optical isomers of such chemical.’’. son to knowingly or intentionally purchase at Substances Act (21 U.S.C. 801 et seq.) is amend- SEC. 714. PENALTIES; AUTHORITY FOR MANUFAC- retail during a 30 day period more than 9 grams ed— TURING; QUOTA. of ephedrine base, pseudoephedrine base, or (1) in section 102— Section 402(b) of the Controlled Substances phenylpropanolamine base in a scheduled listed (A) in paragraph (39)(A)— Act (21 U.S.C. 842(b)) is amended by inserting chemical product, except that, of such 9 grams, (i) by amending clause (iv) to read as follows: after ‘‘manufacture a controlled substance in not more than 7.5 grams may be imported by ‘‘(iv) any transaction in a listed chemical that schedule I or II’’ the following: ‘‘, or ephedrine, means of shipping through any private or com- is contained in a drug that may be marketed or pseudoephedrine, or phenylpropanolamine or mercial carrier or the Postal Service.’’. distributed lawfully in the United States under any of the salts, optical isomers, or salts of opti- (2) EFFECTIVE DATE.—The amendment made the Federal Food, Drug, and Cosmetic Act, sub- cal isomers of such chemical,’’ by paragraph (1) applies on and after the expi- ject to clause (v), unless— SEC. 715. RESTRICTIONS ON IMPORTATION; AU- ration of the 30-day period beginning on the ‘‘(I) the Attorney General has determined THORITY TO PERMIT IMPORTS FOR date of the enactment of this Act. under section 204 that the drug or group of MEDICAL, SCIENTIFIC, OR OTHER LE- GITIMATE PURPOSES. (f) ENFORCEMENT OF REQUIREMENTS FOR RE- drugs is being diverted to obtain the listed chem- Section 1002 of the Controlled Substances Im- TAIL SALES.— ical for use in the illicit production of a con- port and Export Act (21 U.S.C. 952) is amend- (1) CIVIL AND CRIMINAL PENALTIES.— trolled substance; and ed— (A) IN GENERAL.—Section 402(a) of the Con- ‘‘(II) the quantity of the listed chemical con- (1) in subsection (a)— trolled Substances Act (21 U.S.C. 842(a)) is tained in the drug included in the transaction (A) in the matter preceding paragraph (1), by amended— or multiple transactions equals or exceeds the inserting ‘‘or ephedrine, pseudoephedrine, or (i) in paragraph (10), by striking ‘‘or’’ after threshold established for that chemical by the phenylpropanolamine,’’ after ‘‘schedule III, IV, the semicolon; Attorney General;’’; or V of title II,’’; and (ii) in paragraph (11), by striking the period (ii) by redesignating clause (v) as clause (vi); (B) in paragraph (1), by inserting ‘‘, and of at the end and inserting a semicolon; and and ephedrine, pseudoephedrine, and phenyl- (iii) by inserting after paragraph (11) the fol- (iii) by inserting after clause (iv) the following propanolamine, ’’ after ‘‘coca leaves’’; and lowing paragraphs: clause: (2) by adding at the end the following sub- ‘‘(12) who is a regulated seller, or a distributor ‘‘(v) any transaction in a scheduled listed sections: required to submit reports under subsection chemical product that is a sale at retail by a ‘‘(d)(1) With respect to a registrant under sec- (b)(3) of section 310— regulated seller or a distributor required to sub- tion 1008 who is authorized under subsection ‘‘(A) to sell at retail a scheduled listed chem- mit reports under section 310(b)(3); or’’; and (a)(1) to import ephedrine, pseudoephedrine, or ical product in violation of paragraph (1) of (B) by striking the paragraph (45) that relates phenylpropanolamine, at any time during the subsection (d) of such section, knowing at the to the term ‘‘ordinary over-the-counter year the registrant may apply for an increase in time of the transaction involved (independent of pseudoephedrine or phenylpropanolamine prod- the amount of such chemical that the registrant consulting the logbook under subsection uct’’; is authorized to import, and the Attorney Gen- (e)(1)(A)(iii) of such section) that the trans- (2) in section 204, by striking subsection (e); eral may approve the application if the Attorney action is a violation; or and General determines that the approval is nec- ‘‘(B) to knowingly or recklessly sell at retail (3) in section 303(h), in the second sentence, essary to provide for medical, scientific, or other such a product in violation of paragraph (2) of by striking ‘‘section 102(39)(A)(iv)’’ and insert- legitimate purposes regarding the chemical. such subsection (d); ing ‘‘clause (iv) or (v) of section 102(39)(A)’’. ‘‘(2) With respect to the application under ‘‘(13) who is a regulated seller to knowingly or (b) PUBLIC LAW 104–237.—Section 401 of the paragraph (1): recklessly sell at retail a scheduled listed chem- Comprehensive Methamphetamine Control Act ‘‘(A) Not later than 60 days after receiving the ical product in violation of subsection (e) of of 1996 (21 U.S.C. 802 note) (Public Law 104–237) application, the Attorney General shall approve such section; or is amended by striking subsections (d), (e), and or deny the application. ‘‘(14) who is a regulated seller or an employee (f). ‘‘(B) In approving the application, the Attor- or agent of such seller to disclose, in violation of SEC. 713. AUTHORITY TO ESTABLISH PRODUC- ney General shall specify the period of time for regulations under subparagraph (C) of section TION QUOTAS. which the approval is in effect, or shall provide 310(e)(1), information in logbooks under sub- Section 306 of the Controlled Substances Act that the approval is effective until the registrant paragraph (A)(iii) of such section, or to refuse (21 U.S.C. 826) is amended— involved is notified in writing by the Attorney to provide such a logbook to Federal, State, or (1) in subsection (a), by inserting ‘‘and for General that the approval is terminated. local law enforcement authorities.’’. ephedrine, pseudoephedrine, and phenyl- ‘‘(C) If the Attorney General does not approve (B) CONFORMING AMENDMENT.—Section propanolamine’’ after ‘‘for each basic class of or deny the application before the expiration of 401(f)(1) of the Controlled Substances Act (21 controlled substance in schedules I and II’’; the 60-day period under subparagraph (A), the U.S.C. 841(f)(1)) is amended by inserting after (2) in subsection (b), by inserting ‘‘or for application is deemed to be approved, and such ‘‘shall’’ the following: ‘‘, except to the extent ephedrine, pseudoephedrine, or phenyl- approval remains in effect until the Attorney that paragraph (12), (13), or (14) of section propanolamine’’ after ‘‘for each basic class of General notifies the registrant in writing that 402(a) applies,’’. controlled substance in schedule I or II’’; the approval is terminated. ‘‘(e) Each reference in this section to ephed- (2) AUTHORITY TO PROHIBIT SALES BY VIOLA- (3) in subsection (c), in the first sentence, by rine, pseudoephedrine, or phenylpropanolamine TORS.—Section 402(c) of the Controlled Sub- inserting ‘‘and for ephedrine, pseudoephedrine, stances Act (21 U.S.C. 842(c)) is amended by and phenylpropanolamine’’ after ‘‘for the basic includes each of the salts, optical isomers, and adding at the end the following paragraph: classes of controlled substances in schedules I salts of optical isomers of such chemical.’’. ‘‘(4)(A) If a regulated seller, or a distributor and II’’; SEC. 716. NOTICE OF IMPORTATION OR EXPOR- required to submit reports under section (4) in subsection (d), by inserting ‘‘or ephed- TATION; APPROVAL OF SALE OR TRANSFER BY IMPORTER OR EX- 310(b)(3), violates paragraph (12) of subsection rine, pseudoephedrine, or phenylpropanola- PORTER. (a) of this section, or if a regulated seller vio- mine’’ after ‘‘that basic class of controlled sub- (a) IN GENERAL.—Section 1018 of the Con- lates paragraph (13) of such subsection, the At- stance’’; trolled Substances Import and Export Act (21 torney General may by order prohibit such seller (5) in subsection (e), by inserting ‘‘or for U.S.C. 971) is amended— or distributor (as the case may be) from selling ephedrine, pseudoephedrine, or phenyl- (1) in subsection (b)(1), in the first sentence, any scheduled listed chemical product. Any sale propanolamine’’ after ‘‘for a basic class of con- by striking ‘‘or to an importation by a regular of such a product in violation of such an order trolled substance in schedule I or II’’; importer’’ and inserting ‘‘or to a transaction is subject to the same penalties as apply under (6) in subsection (f)— that is an importation by a regular importer’’; paragraph (2). (A) by inserting ‘‘or ephedrine, (2) by redesignating subsections (d) and (e) as ‘‘(B) An order under subparagraph (A) may pseudoephedrine, or phenylpropanolamine’’ subsections (e) and (f), respectively; be imposed only through the same procedures as after ‘‘controlled substances in schedules I and (3) by inserting after subsection (c) the fol- apply under section 304(c) for an order to show II’’; lowing subsection: cause.’’. (B) by inserting ‘‘or of ephedrine, ‘‘(d)(1)(A) Information provided in a notice (g) PRESERVATION OF STATE AUTHORITY TO pseudoephedrine, or phenylpropanolamine’’ under subsection (a) or (b) shall include the REGULATE SCHEDULED LISTED CHEMICALS.—This after ‘‘the manufacture of a controlled sub- name of the person to whom the importer or ex- section and the amendments made by this sec- stance’’; and porter involved intends to transfer the listed tion may not be construed as having any legal (C) by inserting ‘‘or chemicals’’ after ‘‘such chemical involved, and the quantity of such effect on section 708 of the Controlled Sub- incidentally produced substances’’; and chemical to be transferred.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00080 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27847 ‘‘(B) In the case of a notice under subsection other information as the Attorney General may with the Attorney General in obtaining the in- (b) submitted by a regular importer, if the trans- specify in regulations. For importers, a single formation referred to in paragraph (2), the At- feree identified in the notice is not a regular return declaration may include the particulars torney General may, in accordance with proce- customer, such importer may not transfer the of both the importation and distribution. If the dures that apply under subsection (c), issue an listed chemical until after the expiration of the importer has not distributed all chemicals im- order prohibiting the importation of ephedrine, 15-day period beginning on the date on which ported by the end of the initial 30-day period, pseudoephedrine, or phenylpropanolamine in the notice is submitted to the Attorney General. the importer shall file supplemental return dec- any case in which such distributor is part of the ‘‘(C) After a notice under subsection (a) or (b) larations no later than 30 days from the date of chain of distribution for such chemical. Not is submitted to the Attorney General, if cir- any further distribution, until the distribution later than 60 days prior to issuing the order, the cumstances change and the importer or exporter or other disposition of all chemicals imported Attorney General shall publish in the Federal will not be transferring the listed chemical to pursuant to the import notification or any up- Register a notice of intent to issue the order. the transferee identified in the notice, or will be date are accounted for.’’. During such 60-day period, imports of the chem- transferring a greater quantity of the chemical (b) CONFORMING AMENDMENTS.— ical with respect to such distributor may not be than specified in the notice, the importer or ex- (1) CONTROLLED SUBSTANCES IMPORT AND EX- restricted under this paragraph.’’. porter shall update the notice to identify the PORT ACT.—The Controlled Substances Import SEC. 722. REQUIREMENTS RELATING TO THE most recent prospective transferee or the most and Export Act (21 U.S.C. 951 et seq.) is amend- LARGEST EXPORTING AND IMPORT- recent quantity or both (as the case may be) and ed— ING COUNTRIES OF CERTAIN PRE- may not transfer the listed chemical until after (A) in section 1010(d)(5), by striking ‘‘section CURSOR CHEMICALS. the expiration of the 15-day period beginning on 1018(e)(2) or (3)’’ and inserting ‘‘paragraph (2) (a) REPORTING REQUIREMENTS.—Section 489(a) the date on which the update is submitted to the or (3) of section 1018(f)’’; and of the Foreign Assistance Act of 1961 (22 U.S.C. Attorney General, except that such 15-day re- (B) in section 1018(c)(1), in the first sentence, 2291h(a)) is amended by adding at the end the striction does not apply if the prospective trans- by inserting before the period the following: following new paragraph: feree identified in the update is a regular cus- ‘‘(without regard to the form of the chemical ‘‘(8)(A) A separate section that contains the tomer. The preceding sentence applies with re- that may be diverted, including the diversion of following: spect to changing circumstances regarding a a finished drug product to be manufactured ‘‘(i) An identification of the five countries transferee or quantity identified in an update to from bulk chemicals to be transferred)’’. that exported the largest amount of the same extent and in the same manner as such (2) CONTROLLED SUBSTANCES ACT.—Section pseudoephedrine, ephedrine, and phenyl- sentence applies with respect to changing cir- 310(b)(3)(D)(v) of the Controlled Substances Act propanolamine (including the salts, optical iso- cumstances regarding a transferee or quantity (21 U.S.C. 830(b)(3)(D)(v)) is amended by strik- mers, or salts of optical isomers of such chemi- identified in the original notice under sub- ing ‘‘section 1018(e)(2)’’ and inserting ‘‘section cals, and also including any products or sub- section (a) or (b). 1018(f)(2)’’. stances containing such chemicals) during the ‘‘(D) In the case of a transfer of a listed chem- SEC. 717. ENFORCEMENT OF RESTRICTIONS ON preceding calendar year. ‘‘(ii) An identification of the five countries ical that is subject to a 15-day restriction under IMPORTATION AND OF REQUIRE- that imported the largest amount of the chemi- subparagraph (B) or (C), the transferee involved MENT OF NOTICE OF TRANSFER. cals described in clause (i) during the preceding shall, upon the expiration of the 15-day period, Section 1010(d)(6) of the Controlled Substances calendar year and have the highest rate of di- be considered to qualify as a regular customer, Import and Export Act (21 U.S.C. 960(d)(6)) is version of such chemicals for use in the illicit unless the Attorney General otherwise notifies amended to read as follows: production of methamphetamine (either in that the importer or exporter involved in writing. ‘‘(6) imports a listed chemical in violation of country or in another country). ‘‘(2) With respect to a transfer of a listed section 1002, imports or exports such a chemical ‘‘(iii) An economic analysis of the total world- chemical with which a notice or update referred in violation of section 1007 or 1018, or transfers wide production of the chemicals described in to in paragraph (1) is concerned: such a chemical in violation of section 1018(d); clause (i) as compared to the legitimate demand ‘‘(A) The Attorney General, in accordance or’’. for such chemicals worldwide. SEC. 718. COORDINATION WITH UNITED STATES with the same procedures as apply under sub- ‘‘(B) The identification of countries that im- section (c)(2)— TRADE REPRESENTATIVE. In implementing sections 713 through 717 and ported the largest amount of chemicals under ‘‘(i) may order the suspension of the transfer subparagraph (A)(ii) shall be based on the fol- of the listed chemical by the importer or exporter section 721 of this title, the Attorney General shall consult with the United States Trade Rep- lowing: involved, except for a transfer to a regular cus- ‘‘(i) An economic analysis that estimates the resentative to ensure implementation complies tomer, on the ground that the chemical may be legitimate demand for such chemicals in such with all applicable international treaties and diverted to the clandestine manufacture of a countries as compared to the actual or estimated obligations of the United States. controlled substance (without regard to the form amount of such chemicals that is imported into of the chemical that may be diverted, including Subtitle B—International Regulation of such countries. the diversion of a finished drug product to be Precursor Chemicals ‘‘(ii) The best available data and other infor- manufactured from bulk chemicals to be trans- SEC. 721. INFORMATION ON FOREIGN CHAIN OF mation regarding the production of meth- ferred), subject to the Attorney General ordering DISTRIBUTION; IMPORT RESTRIC- amphetamine in such countries and the diver- such suspension before the expiration of the 15- TIONS REGARDING FAILURE OF DIS- sion of such chemicals for use in the production day period referred to in paragraph (1) with re- TRIBUTORS TO COOPERATE. of methamphetamine.’’. spect to the importation or exportation (in any Section 1018 of the Controlled Substances Im- (b) ANNUAL CERTIFICATION PROCEDURES.— case in which such a period applies); and port and Export Act (21 U.S.C. 971), as amended Section 490(a) of the Foreign Assistance Act of ‘‘(ii) may, for purposes of clause (i) and para- by section 716(a)(4) of this title, is further 1961 (22 U.S.C. 2291j(a)) is amended— graph (1), disqualify a regular customer on such amended by adding at the end the following (1) in paragraph (1), by striking ‘‘major illicit ground. subsection: drug producing country or major drug-transit ‘‘(B) From and after the time when the Attor- ‘‘(h)(1) With respect to a regulated person im- country’’ and inserting ‘‘major illicit drug pro- ney General provides written notice of the order porting ephedrine, pseudoephedrine, or phenyl- ducing country, major drug-transit country, or under subparagraph (A) (including a statement propanolamine (referred to in this section as an country identified pursuant to clause (i) or (ii) of the legal and factual basis for the order) to ‘importer’), a notice of importation under sub- of section 489(a)(8)(A) of this Act’’; and the importer or exporter, the importer or ex- section (a) or (b) shall include all information (2) in paragraph (2), by inserting after ‘‘(as porter may not carry out the transfer. known to the importer on the chain of distribu- determined under subsection (h))’’ the fol- ‘‘(3) For purposes of this subsection: tion of such chemical from the manufacturer to lowing: ‘‘or country identified pursuant to ‘‘(A) The terms ‘importer’ and ‘exporter’ mean the importer. clause (i) or (ii) of section 489(a)(8)(A) of this a regulated person who imports or exports a list- ‘‘(2) For the purpose of preventing or respond- Act’’. ed chemical, respectively. ing to the diversion of ephedrine, (c) CONFORMING AMENDMENT.—Section 706 of ‘‘(B) The term ‘transfer’, with respect to a list- pseudoephedrine, or phenylpropanolamine for the Foreign Relations Authorization Act, Fiscal ed chemical, includes the sale of the chemical. use in the illicit production of methamphet- Year 2003 (22 U.S.C. 2291j-1) is amended in para- ‘‘(C) The term ‘transferee’ means a person to amine, the Attorney General may, in the case of graph (5) by adding at the end the following: whom an importer or exporter transfers a listed any person who is a manufacturer or distributor ‘‘(C) Nothing in this section shall affect the chemical.’’; and of such chemical in the chain of distribution re- requirements of section 490 of the Foreign As- (4) by adding at the end the following sub- ferred to in paragraph (1) (which person is re- sistance Act of 1961 (22 U.S.C. 2291j) with re- section: ferred to in this subsection as a ‘foreign-chain spect to countries identified pursuant to section ‘‘(g) Within 30 days after a transaction cov- distributor’), request that such distributor pro- clause (i) or (ii) of 489(a)(8)(A) of the Foreign ered by this section is completed, the importer or vide to the Attorney General information known Assistance Act of 1961.’’. exporter shall send the Attorney General a re- to the distributor on the distribution of the (d) PLAN TO ADDRESS DIVERSION OF PRE- turn declaration containing particulars of the chemical, including sales. CURSOR CHEMICALS.—In the case of each coun- transaction, including the date, quantity, chem- ‘‘(3) If the Attorney General determines that a try identified pursuant to clause (i) or (ii) of ical, container, name of transferees, and such foreign-chain distributor is refusing to cooperate section 489(a)(8)(A) of the Foreign Assistance

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00081 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27848 CONGRESSIONAL RECORD—HOUSE December 8, 2005 Act of 1961 (as added by subsection (a)) with re- dedicated commuter lane, alternative or acceler- tencing court in a format approved and required spect to which the President has not transmitted ated inspection system, or other facilitated entry by the Commission.’’; and to Congress a certification under section 490(b) program administered or approved by the Fed- (2) in paragraph (4), by striking ‘‘may assem- of such Act (22 U.S.C. 2291j(b)), the Secretary of eral Government for use in entering the United ble or maintain in electronic form that include State, in consultation with the Attorney Gen- States; and any’’ and inserting ‘‘itself may assemble or eral, shall, not later than 180 days after the (2) committed the offense while entering the maintain in electronic form as a result of the’’. date on which the President transmits the report United States, using such lane, system, or pro- SEC. 736. SEMIANNUAL REPORTS TO CONGRESS. required by section 489(a) of such Act (22 U.S.C. gram. (a) IN GENERAL.—The Attorney General shall, 2291h(a)), submit to Congress a comprehensive (c) PERMANENT INELIGIBILITY.—Any person on a semiannual basis, submit to the congres- plan to address the diversion of the chemicals whose term of imprisonment is increased under sional committees and organizations specified in described in section 489(a)(8)(A)(i) of such Act to subsection (a) shall be permanently and irrev- subsection (b) reports that— the illicit production of methamphetamine in ocably barred from being eligible for or using (1) describe the allocation of the resources of such country or in another country, including any lane, system, or program described in sub- the Drug Enforcement Administration and the the establishment, expansion, and enhancement section (b)(1). Federal Bureau of Investigation for the inves- of regulatory, law enforcement, and other inves- SEC. 732. MANUFACTURING CONTROLLED SUB- tigation and prosecution of alleged violations of tigative efforts to prevent such diversion. STANCES ON FEDERAL PROPERTY. the Controlled Substances Act involving meth- (e) AUTHORIZATION OF APPROPRIATIONS.— Subsection (b) of section 401 of the Controlled amphetamine; and There are authorized to be appropriated to the Substances Act (21 U.S.C. 841(b)) is amended in (2) the measures being taken to give priority Secretary of State to carry out this section paragraph (5) by inserting ‘‘or manufacturing’’ in the allocation of such resources to such viola- $1,000,000 for each of the fiscal years 2006 and after ‘‘cultivating’’. tions involving— 2007. SEC. 733. INCREASED PUNISHMENT FOR METH- (A) persons alleged to have imported into the SEC. 723. PREVENTION OF SMUGGLING OF METH- AMPHETAMINE KINGPINS. United States substantial quantities of meth- AMPHETAMINE INTO THE UNITED Section 408 of the Controlled Substances Act amphetamine or scheduled listed chemicals (as STATES FROM MEXICO. (21 U.S.C. 848) is amended by adding at the end defined pursuant to the amendment made by (a) IN GENERAL.—The Secretary of State, act- the following: section 711(a)(1)); ing through the Assistant Secretary of the Bu- ‘‘(s) SPECIAL PROVISION FOR METHAMPHET- (B) persons alleged to have manufactured reau for International Narcotics and Law En- AMINE.—For the purposes of subsection (b), in methamphetamine; and forcement Affairs, shall take such actions as are the case of continuing criminal enterprise in- (C) circumstances in which the violations necessary to prevent the smuggling of meth- volving methamphetamine or its salts, isomers, have endangered children. amphetamine into the United States from Mex- or salts of isomers, paragraph (2)(A) shall be ap- (b) CONGRESSIONAL COMMITTEES.—The con- ico. plied by substituting ‘200’ for ‘300’, and para- gressional committees and organizations referred (b) SPECIFIC ACTIONS.—In carrying out sub- graph (2)(B) shall be applied by substituting to in subsection (a) are— section (a), the Secretary shall— ‘$5,000,000’ for ‘$10 million dollars’. ’’. (1) in the House of Representatives, the Com- (1) improve bilateral efforts at the United SEC. 734. NEW CHILD-PROTECTION CRIMINAL EN- mittee on the Judiciary, the Committee on En- States-Mexico border to prevent the smuggling HANCEMENT. ergy and Commerce, and the Committee on Gov- of methamphetamine into the United States from (a) IN GENERAL.—The Controlled Substances ernment Reform; and Mexico; Act is amended by inserting after section 419 (21 (2) in the Senate, the Committee on the Judici- (2) seek to work with Mexican law enforce- U.S.C. 860) the following: ary, the Committee on Commerce, Science, and ment authorities to improve the ability of such ‘‘CONSECUTIVE SENTENCE FOR MANUFACTURING Transportation, and the Caucus on Inter- authorities to combat the production and traf- OR DISTRIBUTING, OR POSSESSING WITH INTENT national Narcotics Control. ficking of methamphetamine, including by pro- TO MANUFACTURE OR DISTRIBUTE, METH- Subtitle D—Enhanced Environmental viding equipment and technical assistance, as AMPHETAMINE ON PREMISES WHERE CHILDREN Regulation of Methamphetamine Byproducts ARE PRESENT OR RESIDE appropriate; and SEC. 741. BIENNIAL REPORT TO CONGRESS ON (3) encourage the Government of Mexico to ‘‘SEC. 419a. Whoever violates section 401(a)(1) AGENCY DESIGNATIONS OF BY- take immediate action to reduce the diversion of by manufacturing or distributing, or possessing PRODUCTS OF METHAMPHETAMINE pseudoephedrine by drug trafficking organiza- with intent to manufacture or distribute, meth- LABORATORIES AS HAZARDOUS MA- tions for the production and trafficking of meth- amphetamine or its salts, isomers or salts of iso- TERIALS. amphetamine. mers on premises in which an individual who is Section 5103 of title 49, Unites States Code, is (c) REPORT.—Not later than one year after the under the age of 18 years is present or resides, amended by adding at the end the following: date of the enactment of this Act, and annually shall, in addition to any other sentence im- ‘‘(d) BIENNIAL REPORT.—The Secretary of thereafter, the Secretary shall submit to the ap- posed, be imprisoned for a period of any term of Transportation shall submit to the Committee on propriate congressional committees a report on years but not more than 20 years, subject to a Transportation and Infrastructure of the House the implementation of this section for the prior fine, or both. ’’. of Representatives and the Senate Committee on year. (b) CLERICAL AMENDMENT.—The table of con- Commerce, Science, and Transportation a bien- (d) AUTHORIZATION OF APPROPRIATIONS.— tents of the Comprehensive Drug Abuse Preven- nial report providing information on whether There are authorized to be appropriated to the tion and Control Act of 1970 is amended by in- the Secretary has designated as hazardous ma- Secretary to carry out this section $4,000,000 for serting after the item relating to section 419 the terials for purposes of chapter 51 of such title all each of the fiscal years 2006 and 2007. following new item: by-products of the methamphetamine-produc- Subtitle C—Enhanced Criminal Penalties for ‘‘Sec. 419a. Consecutive sentence for manufac- tion process that are known by the Secretary to Methamphetamine Production and Traf- turing or distributing, or pos- pose an unreasonable risk to health and safety ficking sessing with intent to manufac- or property when transported in commerce in a particular amount and form.’’. SEC. 731. SMUGGLING METHAMPHETAMINE OR ture or distribute, methamphet- METHAMPHETAMINE PRECURSOR amine on premises where children SEC. 742. METHAMPHETAMINE PRODUCTION RE- CHEMICALS INTO THE UNITED are present or reside.’’. PORT. STATES WHILE USING FACILITATED Section 3001 of the Solid Waste Disposal Act SEC. 735. AMENDMENTS TO CERTAIN SEN- (42 U.S.C. 6921) is amended at the end by adding ENTRY PROGRAMS. TENCING COURT REPORTING RE- (a) ENHANCED PRISON SENTENCE.—The sen- QUIREMENTS. the following: tence of imprisonment imposed on a person con- Section 994(w) of title 28, United States Code, ‘‘(j) METHAMPHETAMINE PRODUCTION.—Not victed of an offense under the Controlled Sub- is amended— later than every 24 months, the Administrator stances Act (21 U.S.C. 801 et seq.) or the Con- (1) in paragraph (1)— shall submit to the Committee on Energy and trolled Substances Import and Export Act (21 (A) by inserting ‘‘, in a format approved and Commerce of the House of Representatives and U.S.C. 951 et seq.), involving methamphetamine required by the Commission,’’ after ‘‘submits to the Committee on Environment and Public or any listed chemical that is defined in section the Commission’’; Works of the Senate a report setting forth infor- 102(33) of the Controlled Substances Act (21 (B) in subparagraph (B)— mation collected by the Administrator from law U.S.C. 802(33), shall, if the offense is committed (i) by inserting ‘‘written’’ before ‘‘statement of enforcement agencies, States, and other relevant under the circumstance described in subsection reasons’’; and stakeholders that identifies the byproducts of (b), be increased by a consecutive term of impris- (ii) by inserting ‘‘and which shall be stated on the methamphetamine production process and onment of not more than 15 years. the written statement of reasons form issued by whether the Administrator considers each of the (b) CIRCUMSTANCES.—For purposes of sub- the Judicial Conference and approved by the byproducts to be a hazardous waste pursuant to section (a), the circumstance described in this United States Sentencing Commission’’ after this section and relevant regulations.’’. subsection is that the offense described in sub- ‘‘applicable guideline range’’; and SEC. 743. CLEANUP COSTS. section (a) was committed by a person who— (C) by adding at the end the following: (a) IN GENERAL.—Section 413(q) of the Con- (1) was enrolled in, or who was acting on be- ‘‘The information referred to in subparagraphs trolled Substances Act (21 U.S.C. 853(q)) is half of any person or entity enrolled in, any (A) through (F) shall be submitted by the sen- amended—

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(1) in the matter preceding paragraph (1), by ‘‘PART II—CONFRONTING USE OF (2) PURPOSES AND PROGRAM AUTHORITY.— inserting ‘‘, the possession, or the possession METHAMPHETAMINE Grants awarded under this section shall be used with intent to distribute, ’’ after ‘‘manufac- ‘‘SEC. 2996. AUTHORITY TO MAKE GRANTS TO AD- to facilitate or enhance and collaboration be- ture’’; and DRESS PUBLIC SAFETY AND METH- tween the criminal justice, child welfare, and (2) in paragraph (2), by inserting ‘‘, or on AMPHETAMINE MANUFACTURING, State substance abuse systems in order to carry premises or in property that the defendant SALE, AND USE IN HOT SPOTS. out programs to address the use of methamphet- owns, resides, or does business in’’ after ‘‘by the ‘‘(a) PURPOSE AND PROGRAM AUTHORITY.— amine drugs by pregnant and parenting women defendant’’. ‘‘(1) PURPOSE.—It is the purpose of this part offenders. (b) SAVINGS CLAUSE.—Nothing in this section to assist States— (b) DEFINITIONS.—In this section, the fol- shall be interpreted or construed to amend, ‘‘(A) to carry out programs to address the lowing definitions shall apply: alter, or otherwise affect the obligations, liabil- manufacture, sale, and use of methamphetamine (1) CHILD WELFARE AGENCY.—The term ‘‘child ities and other responsibilities of any person drugs; and welfare agency’’ means the State agency respon- under any Federal or State environmental laws. ‘‘(B) to improve the ability of State and local sible for child and/or family services and wel- Subtitle E—Additional Programs and government institutions of to carry out such fare. Activities programs. (2) CRIMINAL JUSTICE AGENCY.—The term ‘‘(2) GRANT AUTHORIZATION.—The Attorney ‘‘criminal justice agency’’ means an agency of SEC. 751. IMPROVEMENTS TO DEPARTMENT OF General, through the Bureau of Justice Assist- the State or local government or its contracted JUSTICE DRUG COURT GRANT PRO- ance in the Office of Justice Programs may make GRAM. agency that is responsible for detection, arrest, Section 2951 of the Omnibus Crime Control grants to States to address the manufacture, enforcement, prosecution, defense, adjudication, and Safe Streets Act of 1968 (42 U.S.C. 3797u) is sale, and use of methamphetamine to enhance incarceration, probation, or parole relating to amended by adding at the end the following public safety. the violation of the criminal laws of that State ‘‘(3) GRANT PROJECTS TO ADDRESS METH- new subsection: or local government. AMPHETAMINE MANUFACTURE SALE AND USE.— ‘‘(c) MANDATORY DRUG TESTING AND MANDA- (c) APPLICATIONS.— Grants made under subsection (a) may be used TORY SANCTIONS.— (1) IN GENERAL.—No grant may be awarded ‘‘(1) MANDATORY TESTING.—Grant amounts for programs, projects, and other activities to— under this section unless an application has ‘‘(A) investigate, arrest and prosecute individ- under this part may be used for a drug court been submitted to, and approved by, the Attor- uals violating laws related to the use, manufac- only if the drug court has mandatory periodic ney General. ture, or sale of methamphetamine; testing as described in subsection (a)(3)(A). The (2) APPLICATION.—An application for a grant ‘‘(B) reimburse the Drug Enforcement Admin- Attorney General shall, by prescribing guide- under this section shall be submitted in such istration for expenses related to the clean up of lines or regulations, specify standards for the form, and contain such information, as the At- methamphetamine clandestine labs; timing and manner of complying with such re- torney General, may prescribe by regulation or ‘‘(C) support State and local health depart- guidelines. quirements. The standards— ment and environmental agency services de- ‘‘(A) shall ensure that— (3) ELIGIBLE ENTITIES.—The Attorney General ployed to address methamphetamine; and ‘‘(i) each participant is tested for every con- shall make grants to States, territories, and In- ‘‘(D) procure equipment, technology, or sup- trolled substance that the participant has been dian Tribes. Applicants must demonstrate exten- port systems, or pay for resources, if the appli- known to abuse, and for any other controlled sive collaboration with the State criminal justice cant for such a grant demonstrates to the satis- substance the Attorney General or the court agency and child welfare agency in the plan- faction of the Attorney General that expendi- may require; and ning and implementation of the program. tures for such purposes would result in the re- ‘‘(ii) the testing is accurate and practicable; (4) CONTENTS.—In accordance with the regu- duction in the use, sale, and manufacture of and lations or guidelines established by the Attorney ‘‘(B) may require approval of the drug testing methamphetamine. General in consultation with the Secretary of regime to ensure that adequate testing occurs. ‘‘SEC. 2997. FUNDING. Health and Human Services, each application ‘‘(2) MANDATORY SANCTIONS.—The Attorney ‘‘There are authorized to be appropriated to for a grant under this section shall contain a General shall, by prescribing guidelines or regu- carry out this part $99,000,000 for each fiscal plan to expand the State’s services for pregnant lations, specify that grant amounts under this year 2006, 2007, 2008, 2009, and 2010.’’. and parenting women offenders who are preg- part may be used for a drug court only if the SEC. 755. GRANTS FOR PROGRAMS FOR DRUG-EN- nant women and/or women with dependent chil- drug court imposes graduated sanctions that in- DANGERED CHILDREN. dren for the use of methamphetamine or meth- crease punitive measures, therapeutic measures, (a) IN GENERAL.—The Attorney General shall amphetamine and other drugs and include the or both whenever a participant fails a drug test. make grants to States for the purpose of car- following in the plan: Such sanctions and measures may include, but rying out programs to provide comprehensive (A) A description of how the applicant will are not limited to, one or more of the following: services to aid children who are living in a home work jointly with the State criminal justice and ‘‘(A) Incarceration. in which methamphetamine or other controlled child welfare agencies needs associated with the ‘‘(B) Detoxification treatment. substances are unlawfully manufactured, dis- use of methamphetamine or methamphetamine ‘‘(C) Residential treatment. tributed, dispensed, or used. and other drugs by pregnant and parenting ‘‘(D) Increased time in program. (b) CERTAIN REQUIREMENTS.—The Attorney women offenders to promote family stability and ‘‘(E) Termination from the program. General shall ensure that the services carried permanence. ‘‘(F) Increased drug screening requirements. out with grants under subsection (a) include the (B) A description of the nature and the extent ‘‘(G) Increased court appearances. following: of the problem of methamphetamine use by preg- ‘‘(H) Increased counseling. (1) Coordination among law enforcement nant and parenting women offenders. ‘‘(I) Increased supervision. agencies, prosecutors, child protective services, (C) A certification that the State has involved ‘‘(J) Electronic monitoring. social services, health care services, and any counties and other units of local government, ‘‘(K) In-home restriction. other services determined to be appropriate by when appropriate, in the development, expan- ‘‘(L) Community service. the Attorney General to provide assistance re- sion, modification, operation or improvement of ‘‘(M) Family counseling. garding the problems of children described in proposed programs to address the use, manufac- ‘‘(N) Anger management classes.’’. subsection (a). ture, or sale of methamphetamine. SEC. 752. DRUG COURTS FUNDING. (2) Transition of children from toxic or drug- (D) A certification that funds received under Section 1001(25)(A) of title I of the Omnibus endangering environments to appropriate resi- this section will be used to supplement, not sup- Crime Control and Safe Streets Act of 1968 (42 dential environments. plant, other Federal, State, and local funds. U.S.C. 2591(25)(A)) is amended by adding at the (c) AUTHORIZATION OF APPROPRIATIONS.—For (E) A description of clinically appropriate end the following: the purpose of carrying out this section, there practices and procedures to— ‘‘(v) $70,000,000 for fiscal year 2006.’’. are authorized to be appropriated $20,000,000 for (i) screen and assess pregnant and parenting SEC. 753. FEASIBILITY STUDY ON FEDERAL DRUG each of the fiscal years 2006 and 2007. Amounts women offenders for addiction to methamphet- COURTS. appropriated under the preceding sentence shall amine and other drugs; The Attorney General shall, conduct a feasi- remain available until expended. (ii) when clinically appropriate for both the bility study on the desirability of a drug court SEC. 756. AUTHORITY TO AWARD COMPETITIVE women and children, provide family treatment program for Federal offenders who are addicted GRANTS TO ADDRESS METHAMPHET- for pregnant and parenting women offenders, to controlled substances. The Attorney General AMINE USE BY PREGNANT AND PAR- with clinically appropriate services in the same lower-level, non-violate report the results of that ENTING WOMEN OFFENDERS. location to promote family permanence and self study to Congress not later than June 30, 2006. (a) PURPOSE AND PROGRAM AUTHORITY.— sufficiency; and SEC. 754. GRANTS TO HOT SPOT AREAS TO RE- (1) GRANT AUTHORIZATION.—The Attorney (iii) provide for a process to enhance or ensure DUCE AVAILABILITY OF METH- General may award competitive grants to ad- the abilities of the child welfare agency, crimi- AMPHETAMINE. dress the use of methamphetamine among preg- nal justice agency and State substance agency Title I of the Omnibus Crime Control and Safe nant and parenting women offenders to promote to work together to re-unite families when ap- Streets Act of 1968 (42 U.S.C. 3711 et seq.) is public safety, public health, family permanence propriate in the case where family treatment is amended by adding at the end the following: and well being. not provided.

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(d) PERIOD OF GRANT.—The grant shall be a The House recedes from its disagreement bill and section 3 of the Senate amendment. three-year grant. Successful applicants may re- to the amendment of the Senate with an This section further extends the maximum apply for only one additional three-year fund- amendment that is a substitute for the duration of orders for electronic surveillance ing cycle and the Attorney General may approve House bill and the Senate amendment. The and physical searches targeted against all such applications. differences between the House bill, the Sen- agents of foreign powers who are not U.S. (e) PERFORMANCE ACCOUNTABILITY; REPORTS ate amendment, and the substitute agreed to persons. Initial orders authorizing searches AND EVALUATIONS.— in conference are noted below, except for and electronic surveillance will be for peri- (1) REPORTS.—Successful applicants shall sub- clerical corrections, conforming changes ods of up to 120 days and renewal orders will mit to the Attorney General a report on the ac- made necessary by agreements reached by extend for periods of up to one year. Section tivities carried out under the grant at the end of the conferees, and minor drafting and clari- 105 also extends the maximum duration for each fiscal year. fying changes. both the initial and renewal orders for pen (2) EVALUATIONS.—Not later than 12 months Section 1. Short title. Table of contents register/trap and trace surveillance to a pe- at the end of the 3 year funding cycle under this riod of one year in cases where the govern- section, the Attorney General shall submit a re- The House receded to the Senate on the ment certified that the information likely to port to the appropriate committees of jurisdic- short title of the Act. The short title is the be obtained is foreign intelligence informa- tion that summarizes the results of the evalua- ‘‘USA PATRIOT Improvement and Reauthor- tion not concerning a U.S. person. tions conducted by recipients and recommenda- ization Act of 2005.’’ tions for further legislative action. TITLE I—USA PATRIOT IMPROVEMENT Section 106. Access to certain business records (f) AUTHORIZATION OF APPROPRIATIONS.— AND REAUTHORIZATION ACT under section 215 of the USA PATRIOT Act There are authorized to be appropriated to carry Section 101. References to, and modification of out this section such sums as may be necessary. short title for, USA PATRIOT Act Section 106 of the conference report is a compromise between section 107 of the House And the Senate agree to the same. Section 101 of the conference report is identical to section 101 of the House bill and bill and section 7 of the Senate amendment. From the Committee on the Judiciary, for similar to section 9(d) of the Senate amend- This section of the conference report amends consideration of the House bill (except sec- ment. Section 101 states that references con- section 215 of the USA PATRIOT Act to clar- tion 132) and the Senate amendment, and tained within the conference report to the ify that the tangible things sought by a sec- modifications committed to conference: USA PATRIOT Act shall be deemed a ref- tion 215 FISA order (‘‘215 order’’) must be F. JAMES SENSENBRENNER, erence to Public Law No. 107–56, the ‘‘Unit- ‘‘relevant’’ to an authorized preliminary or Jr., ing and Strengthening America by Providing full investigation to obtain foreign intel- HOWARD COBLE, Appropriate Tools Required to Intercept and ligence information not concerning a U.S. LAMAR SMITH, Obstruct Terrorism Act (USA PATRIOT Act) person or to protect against international ELTON GALLEGLY, of 2001.’’ terrorism or clandestine intelligence activi- STEVE CHABOT, Section 102. USA PATRIOT Act sunset provi- ties. The provision also requires a statement WILLIAM L. JENKINS, sions of facts to be included in the application DANIEL LUNGREN, Section 102 of the conference report adopts that shows there are reasonable grounds to From the Permanent Select Committee on a 4-year sunset on sections 206 and 215 of the believe the tangible things sought are rel- Intelligence, for consideration secs. 102, 103, USA PATRIOT Act, and makes permanent evant, and, if such facts show reasonable 106, 107, 109, and 132 of the House bill, and the other provisions, all of which were set to grounds to believe that certain specified con- secs. 2, 3, 6, 7, 9, and 10 of the Senate amend- expire on December 31, 2005. Sections 206 and nections to a foreign power or an agent of a ment, and modifications committed to con- 215 relate to Foreign Intelligence Court or- foreign power are present, the tangible ference: ders for multipoint, or ‘‘roving,’’ wiretaps things sought are presumptively relevant. PETE HOEKSTRA, and for business records requested under the Congress does not intend to prevent the FBI HEATHER WILSON, Foreign Intelligence Surveillance Act from obtaining tangible items that it cur- From the Committee on Energy and Com- (FISA). rently can obtain under section 215. merce, for consideration secs. 124 and 231 of the House bill, and modifications committed Section 103. Extension of sunset relating to indi- The provision also clarifies that a recipi- to conference: vidual terrorists as agents of foreign powers ent of a FISA section 215 production order CHARLIE NORWOOD, Section 103 of the conference report ex- may challenge that order, and may disclose JOHN SHADEGG, tends the sunset of section 6001(b) of the In- receipt to a lawyer, other persons necessary From the Committee on Financial Services, telligence Reform and Terrorism Prevention to comply with the order, and additional per- for consideration sec. 117 of the House bill, Act (IRTPA) by 4 years so the provision is sons approved by the FBI. This provision al- and modifications committed to conference: set to expire on December 31, 2009. Section lows the FBI to request the recipient to iden- MICHAEL G. OXLEY, 6001(b) applied the USA PATRIOT Act sunset tify the individuals to whom disclosure has SPENCER BACHUS, to the new definition of ‘‘Agent of a Foreign been or will be made. The provision also From the Committee on Homeland Security, Power’’ under section 6001 of IRTPA. Section makes clear that a judge should approve an for consideration secs. 127–129 of the House 6001 states that an ‘‘Agent of a foreign application only ‘‘if the judge finds that the bill, and modifications committed to con- power’’ for any person other than a United [applicable] requirements [of the section] ference: States person, includes a person who ‘‘en- have been met.’’ The provision also expressly PETER T. KING, gages in international terrorism or activities provides for a judicial review process that CURT WELDON, in preparation thereof.’’ This definition authorizes a specified pool of FISA court Managers on the Part of the House. reaches ‘‘lone wolf’’ terrorists engaged in judges to review a 215 order that has been international terrorism. challenged. The provision requires high-level ARLEN SPECTER, approval, and specific congressional report- ORRIN HATCH, Section 104. Section 2332b and the material sup- ing, of requests for certain sensitive cat- JON KYL, port sections of Title 18, United States Code egories of records, such as library, book- MIKE DEWINE, Section 104 of the conference report is store, tax return, firearms sales, edu- JEFF SESSIONS, identical to section 104 of the House bill and cational, and medical records. The provision PAT ROBERTS, substantively similar to section 9(c) of the Managers on the Part of the Senate. Senate amendment. This section makes sec- requires promulgation and application of minimization procedures governing the re- JOINT EXPLANATORY STATEMENT OF tion 6603 of the IRTPA permanent by repeal- tention and dissemination by the FBI of any THE COMMI1TEE OF CONFERENCE ing the sunset contained in section 6603(g) of the IRTPA. This sunset would have allowed tangible thing obtained under this section The managers on the part of the House and a criminal offense, and not a law enforce- and requires restrictions on the use of infor- the Senate at the conference on the dis- ment tool, to expire. Furthermore, this sun- mation obtained with an order under this agreeing votes of the two Houses on the set effectively made the underlying provi- section. amendment of the Senate to the bill (H.R. 3199), to extend and modify authorities need- sion unconstitutional. Section 6603 of the In addition, section 106 directs the Attor- ed to combat terrorism, and for other pur- IRTPA amended the law to address court ney General to draft minimization proce- poses, submit the following joint statement concerns on the constitutionality of the pro- dures that apply to information obtained to the House and the Senate in explanation hibition of providing material support to ter- under a FISA ‘‘business records’’ order. In of the effect of the action agreed upon by the rorists. the application for the order, the applicant managers and recommended in the accom- Section 105. Duration of FISA surveillance of must enumerate the minimization proce- panying conference report: non-United States persons under section 207 dures applicable to the retention and dis- The Senate amendment struck all of the of the USA PATRIOT Act semination of the tangible things sought by House bill after the enacting clause and in- Section 105 of the conference report is sub- the FBI in the application. Such enumerated serted a substitute text. stantively similar to section 106 of the House procedures should meet the requirements set

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27851 forth in the definition of minimization pro- describe the specific target in detail when material, a biological agent, or toxin near cedures found in new subsection (g) of sec- authorizing a roving wiretap for a target the property of a railroad carrier or mass tion 501. If the court finds that the enumer- whose identity is not known. The conference transportation system. The conference re- ated procedures fail to meet the require- report requires that in the event the govern- port restricts the death penalty against in- ments of subsection (g), the Conferees expect ment begins directing surveillance at a new choate offenses, but retains the death pen- that the court will direct that other proce- facility or place where the nature and loca- alty for aggravated offenses. The section also dures adopted by the Attorney General be tion of each of the facilities or places was expands coverage of the criminal offense to applied to the information sought, con- unknown at the time the surveillance order include passenger vessels (as defined in 46 sistent with the authority of the court speci- was issued, the government must notify the U.S.C. § 2101(22)). fied in section 501(c)(1), as amended. issuing FISA court on an ongoing basis for Section 111. Forfeiture Under subsection (g)(1), as amended, the all multipoint surveillance authority, which Section 111 of the conference report is Attorney General is required to adopt mini- addresses concerns of some that the open- identical to section 111 of the House bill. mization procedures within 180 days of the ended authorization to surveil new locations There is no comparable section in the Senate enactment of this Act. Until the Attorney could be abused. The conference report pro- amendment. The USA PATRIOT Act amend- General complies, the Conferees expect that visions provide further protections by in- ed 18 U.S.C. § 981 to expressly provide that the requirements of subsections (b)(2)(B), cluding an extra layer of judicial review and any property used to commit or facilitate (c)(1), and (h) that relate to the adoption of to ensure that intelligence investigators will the commission of, derived from, or other- minimization procedures will be viewed as not abuse the multipoint authority. This ap- wise involved in a Federal crime of terrorism ineffective and, thus, not prevent the use of proach is superior in the FISA context (as defined in 18 U.S.C. § 2331) is subject to section 501 to acquire tangible things. (where surveillance is often long-running and civil forfeiture provisions. Prior to the USA subject to extensive and sophisticated Sec. 106A. Audit on access to certain business PATRIOT Act, only the ‘‘proceeds’’ of a counter-surveillance measures) to a prox- records for foreign intelligence purposes crime of terrorism were subject to civil for- imity test or ascertainment requirement, Section 106A of the conference report is a feiture provisions. This section extends for- both of which could potentially endanger an new provision. This section requires that the feiture to include property used in or derived investigation or field agents conducting the Department of Justice Inspector General from ‘‘trafficking in nuclear, chemical, bio- investigation. conduct an audit on the effectiveness and use logical, or radiological weapons technology of section 215 and submit an unclassified re- Section 109. Enhanced congressional oversight or material.’’ port of the audit to the House and Senate Section 109 of the conference report is Section 112. Section 2332b(g)(5)(B) amendments Committees on the Judiciary and Intel- similar to section 10 of the Senate amend- relating to the definition of Federal crime of ligence. ment, but with an additional new provision. terrorism Section 107. Enhanced oversight of good-faith Section 109 of the conference report is iden- Section 112 of the conference report is sub- emergency disclosures under section 212 of tical to section 10 of the Senate amendment stantively similar to section 112 of the House the USA PATRIOT Act and requires: (1) the FISA court to publish bill but includes an additional offense. There its rules; and (2) reporting to the House and Section 107 of the conference report is vir- is no comparable provision in the Senate Senate Judiciary Committees of the use of tually identical to section 4 of the Senate amendment. This section amends the current the emergency employments of electronic amendment, but includes some technical definition of ‘‘Federal crime of terrorism,’’ surveillance, physical searches, and pen reg- corrections to title 18 of the United States to include new predicate offenses. It also in- ister and trap and trace devices. Section Code. Section 108 of the House bill is sub- cludes a clerical correction to 18 U.S.C. 109(c) of the conference report also requires stantively similar. Section 107 of the con- § 2332b(g)(S)(B). ference report amends 18 U.S.C. § 2702, as that the Secretary of the Department of amended by section 212 of the USA PATRIOT Homeland Security submit a written report Section 113. Amendments to section 2516(1) of Act. Section 212 allows Internet service pro- providing a description of internal affairs op- Title 18, United States Code viders to disclose voluntarily the contents of erations at U.S. Citizenship & Immigration Section 113 of the conference report is sub- electronic communications, as well as sub- Services to the Judiciary Committees of the stantively similar to sections 113 and 122 of scriber information, in emergencies involv- House and the Senate. the House bill, but includes additions. 18 ing immediate danger of death or serious Section 110. Attacks against railroad carriers U.S.C. § § 2510–2522 require the government, physical injury. To address concerns that and mass transportation systems unless otherwise permitted, to obtain an order of a court before conducting electronic this authority, in certain circumstances, is The conference report is substantively surveillance. The government is permitted not subject to adequate congressional, judi- similar to sections 110, 115, and 304 of the to seek such orders only in connection with cial, or public oversight (particularly in situ- House bill. There are no equivalent provi- the investigation of the criminal offenses ations where the authority is used but crimi- sions in the Senate amendment, but section enumerated in 18 U.S.C. § 2516. The USA PA- nal charges do not result) the conference re- 110 of the conference report is substantively TRIOT Act added new wiretap offenses re- port requires the Attorney General to report similar to S. 629, the ‘‘Railroad Carriers and lated to terrorism. Section 113 adds new annually to the Judiciary Committees of the Mass Transportation Act of 2005,’’ which was ‘‘wiretap predicates’’ under 18 U.S.C. § 2516, House and Senate and to set forth the num- reported favorably by the Senate Judiciary which relate to crimes of terrorism. Those ber of accounts subject to section 212 disclo- Committee. Section 110 of the conference re- predicates include 18 U.S.C. § § 37 (violence at sures. The report also must summarize the port amends 18 U.S.C. § 1993, which was cre- international airports); 43 (animal enterprise basis for disclosure in certain circumstances. ated by the USA PATRIOT Act to protect terrorism); 81 (arson within special maritime The Conferees believe this will strengthen against terrorist attacks and other acts of and territorial jurisdiction); 175b (biological oversight on the use of this authority with- violence against mass transportation sys- agents); 832 (nuclear and weapons of mass de- out undermining important law enforcement tems. However, current law does not cover struction threats); 842 (explosive materials); prerogatives and without alerting perpetra- the planning for such attacks. The con- 930 (possession of weapons in Federal facili- tors, while simultaneously preserving the vi- ference report closes this loophole to make ties); 956 (conspiracy to harm persons or tality of this life-saving authority. it a crime to ‘‘surveil, photograph, video- property overseas); 1028A (aggravated iden- Section 108. Multipoint electronic surveillance tape, diagram, or to otherwise collect infor- tity theft); 1114 (killing Federal employees); under section 206 of the USA PATRIOT Act mation with the intent to plan or assist in 1116 (killing certain foreign officials); 1993 Section 108 of the conference report is a planning any of the acts described’’ in para- (attacks of mass transit); 2340A (torture); compromise between section 109 of the House graphs (1)–(5) of section 1993(a). It also har- 2339 (harboring terrorists); 2339D (terrorist bill and section 2 of the Senate amendment. monizes section 1993 with 18 U.S.C. § 1992 military training); and 5324 (structuring Section 206 of the USA PATRIOT Act en- (which criminalizes the ‘‘wrecking of transactions to evade reporting require- abled the use of multipoint, or ‘‘roving,’’ trains’’), in order to eliminate the inconsist- ments). In addition to these sections, new wiretaps in FISA investigations. The con- ency between the intent standard in the predicates are added under 49 U.S.C. § § 46504 ference report clarifies that the FISA court mass transportation statute and the intent (assault on a flight crew member with a dan- must find that the possibility of the target standard in the wrecking trains statute. It gerous weapon); and 46505(b)(3) or (c) (certain thwarting surveillance is based on specific also strengthens the protection of mass weapons offenses aboard an aircraft). facts in the application. This is reflected in transportation and railroad systems by: ex- language contained in section 109(a) of the panding the types of railroad property and Section 114. Delayed notice search warrants House bill and for which the Senate amend- equipment that are explicitly protected by Section 114 of the conference report is a ment did not have a comparable provision. In Federal law; updating the definition of ‘‘dan- compromise between sections 114 and 121 of language derived from section 2(a) of the gerous weapons’’ to cover box cutters and the House bill and section 5 of the Senate Senate amendment and for which the House other previously unrecognized weapons; and amendment. Contrary to reports; the USA bill had no comparable provision, the con- expanding the types of prohibited attacks to PATRIOT Act did not create delayed notice ference report also requires that the order include causing the release of a hazardous search warrants, but rather codified existing

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This section also requires that the At- curred). The search warrant itself is the cipient makes this further disclosure as au- torney General submit to Congress the an- same regardless of when the subject receives thorized by law, the recipient must then no- nual aggregate number of requests made con- notice. Thus, before a search warrant is tify the person or persons of all applicable cerning different U.S. persons. Such report- issued, whether notice is or is not delayed, a nondisclosure requirements. At the request ing will permit the public to see some of the Federal judge must find that there is prob- of the Director of National Intelligence, the same data Congress sees in conducting its able cause to believe that a crime has been conference report includes language that al- oversight responsibilities of the DOJ. Due to or is about to be committed and that evi- lows the Director of the Federal Bureau of the manner in which this data is currently dence of that crime or the fruits or instru- Investigation, or the designee of the Direc- collected, Congress understands that current mentalities of that crime will be found at tor, to request from any person making or reporting may somewhat overstate the num- the location to be searched. As the Depart- intending to make a disclosure to comply ber of different U.S. persons about whom re- ment of Justice explained in an August 29, with or to receive legal advice or legal as- quests for information are made, because 2005 letter (p. A–5), ‘‘Delayed notice search sistance, to identify to whom such disclosure NSLs seeking information on a particular warrants have been available for decades and will be made. The language does not allow person may be served at different times and were in use long before the USA PATRIOT the FBI Director or designee of the Director from different FBI field offices. In order to Act was enacted. Section 213 of the USA PA- to request the recipient of an NSL disclose report a number to Congress that is as mean- TRIOT Act merely created a nationally uni- the name of an attorney to whom such dis- ingful as possible, Congress anticipates that form process and standard for obtaining closure will be made. The provision, how- the DOJ will undertake reasonable efforts to them.’’ ever, does allow the FBI Director or designee modify its data collection. Congress, how- Section 213 codified the established stand- of the Director to make such a request for ever, does not anticipate that the DOJ will ard of reasonableness for delayed notice the name of an attorney to whom disclosure undertake costly or bureaucratically dif- search warrants, which previously had been has already been made. The conference re- ficult steps to prepare this report. the cause for some to express concern about port clarifies that a recipient of an NSL may Section 119. Enhanced oversight of national se- this indefinite term. Both the House bill in challenge any nondisclosure requirement in curity letters section 114, and the Senate amendment in court. If a petition is filed within 1 year of Section 119 is a new section that requires section 5, placed a maximum specified limit issuance of an NSL, the court may modify or the Inspector General of DOJ to conduct an on the length of time in which a judge could set aside such a nondisclosure requirement if audit of the effectiveness and the use of the authorize law enforcement to delay notice to it finds that there is no reason to believe NSL authority. The report will detail the the subject that a search has been con- that disclosure may harm national security; specific functions and particular characteris- ducted. The House provision provided that interfere with criminal, counterintelligence, tics of the NSLs issued and comment on the the court maintains the discretion to delay or counterterrorism investigations; interfere necessity of this law enforcement tool. This notice for up to 180 days with extensions of with diplomatic relations; or endanger the report will be submitted to the House and up to 90 days. The Senate amendment lim- life or physical safety of a person. If, upon Senate Committees on the Judiciary and In- ited the delay to ‘‘not later than 7 days after filing the petition, a high-ranking official re- telligence one year after the enactment of the date of its execution, or on a later date certifies that disclosure may endanger na- the conference report. certain if the facts of the case justify a tional security or interfere with diplomatic Section 120. Definition for forfeiture provisions longer period of delay, with extensions of up relations, the court must treat the re-certifi- under section 806 of the USA PATRIOT Act to 90 days unless the facts justify longer.’’ cation as conclusive unless there is a show- The conference report reflects a compromise ing of bad faith. If a petition is filed after a Section 120 of the conference report is sub- between the House and Senate provisions to year, a specific official, within 90 days of the stantively similar to section 120 of the House define a reasonable delay as up to 30 days for filing of the petition, shall either terminate bill. There is no comparable provision in the an initial request, or on a later date certain the nondisclosure requirement or re-certify Senate amendment. This provision replaces if the facts justify, and extensions of up to 90 that nondisclosure may: result in danger to the reference to the broad definition under 18 days unless the facts justify longer. the national security of the U.S.; interfere U.S.C. § 2331 with the definition of a Federal with a criminal, counterterrorism, or coun- crime of terrorism for asset forfeiture under Section 115. Judicial review of national security 18 U.S.C. § 981(a)(1)(G). letters terintelligence investigation; interfere with diplomatic relations; or endanger the life or Section 121. Penal provisions regarding traf- Section 115 of the conference report is sub- physical safety of any person. In the event of ficking in contraband cigarettes or smoke- stantively similar to section 116 of the House re-certification, the court again may modify less tobacco bill and section 8 of the Senate amendment. or set aside such a nondisclosure require- Section 121 of the conference report is sub- This section makes explicit that the recipi- ment only upon a finding of bad faith. The stantively similar to section 123 of the House ent of a national security letter (NSL) may petitioner is barred from seeking review of bill. There is no comparable provision in the consult with an attorney and challenge the the nondisclosure requirement for one year if Senate amendment. This section of the con- NSL in court. This section of the conference the petition was denied, but can continue to ference report amends the Contraband Ciga- report amends NSL authority under 18 U.S.C. petition every year. This provision recog- rette Trafficking Act (‘‘CCTA,’’ 18 U.S.C. § 2709, 15 U.S.C. § 1681u, 15 U.S.C. § 1861v, 12 nizes that the Executive branch is both con- §§ 2341 et seq.), which makes it unlawful for U.S.C. § 3414, and 50 U.S.C. § 436, in a similar stitutionally and practically better suited to any person knowingly to ship, possess, sell, manner to the House bill. The Senate amend- make national security and diplomatic rela- distribute or purchase contraband cigarettes. ment only modified 18 U.S.C. § 2709. The con- tions judgments than the judiciary. This section amends the CCTA by: (1) ex- ference report: provides that the recipient of tending its provisions to cover contraband an NSL may petition for an order modifying Section 117. Violations of nondisclosure provi- smokeless tobacco; (2) reducing the number or setting aside the request in the U.S. dis- sions of national security letters of cigarettes that trigger application of the trict court for the district in which that per- This section of the conference report is CCTA from 60,000 to 10,000; (3) imposing re- son or entity does business or resides; allows similar to section 118 of the House bill. There porting requirements on persons, except for the government to move for judicial enforce- is no comparable provision in the Senate tribal governments, who engage in delivery ment of the NSL in the event of non-compli- amendment. This section provides for a fel- sales of more than 10,000 cigarettes or 500 ance by recipients; and allows the court to ony charge against an individual who was single-unit cans or packages of smokeless to- impose sanctions for contempt of court if a notified of an applicable nondisclosure re- bacco in a single month; (4) requiring the de- recipient fails to comply with a court order quirement and nonetheless knowingly and struction of cigarettes and smokeless to- to enforce an NSL. with intent to obstruct an investigation or bacco seized and forfeited under the CCTA; judicial proceeding, violates that nondisclo- Section 116. Confidentiality of national security and (5) authorizing State and local govern- sure order. The criminal penalties under 18 letters ments, and certain persons who hold Federal U.S.C. § 1510 include up to five years impris- Section 116 of the conference report is sub- tobacco permits, to bring causes of action onment, a fine, or both. Current law contains stantively similar to section 117 of the House against violators of the CCTA. It also no penalties for such violations. bill and section 8 of the Senate amendment. amends section 2344(c), the contraband ciga- This section provides that upon certification Section 118. Reports on national security letters rette forfeiture provisions, by adding ‘‘con- by an individual authorized to issue an NSL, Section 118 of the conference report is traband smokeless tobacco’’ to items subject should the disclosure endanger any indi- similar to section 119 of the House bill, with to forfeiture and by removing the reference vidual or national security, or interfere with some additional reporting requirements that to the Internal Revenue Code, which became

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27853 outdated after the enactment of the Civil tacks should have access to the assets of ter- Congress passed comprehensive procedures, Asset Forfeiture Reform Act of 2000. rorists. in response to Furman v. Georgia, 408 U.S. 238 Section 122. Prohibition of narco-terrorism Section 128. PATRIOT section 214; authority for (1972), to ensure that the death penalty could be constitutionally enforced. Over the years Section 122 of the conference report is sub- disclosure of additional information in con- after the passage of the Antihijacking Act of stantively similar to section 124 of the House nection with orders for pen register and trap 1974, the crime of air piracy was repeatedly bill. There is no comparable provision in the and trace authority under FISA cited by Members of Congress and the Execu- Senate amendment. This section adds new Section 128 of the conference report is sub- tive Branch as an example of a crime for section 1010A to Part A of the Controlled stantively identical to section 6 of the Sen- which Congress had enacted the necessary Substance Import and Export Act, (21 U.S.C. ate amendment. There is no comparable pro- constitutional provisions to enforce the §§ 951 et seq.), making it a Federal crime to vision in the House bill. This section re- death penalty. In 1994, in an effort to make engage in drug trafficking to benefit terror- quires: (1) an ex-parte order for a pen reg- the death penalty widely available for nu- ists. The conference report changes the man- ister or trap and trace device for foreign in- merous Federal offenses, and to enact uni- datory minimum penalty from the 20 years telligence purposes to direct the provider, form procedures to apply to all Federal cap- provided in the House bill to simply twice upon the applicant’s request, to disclose ital offenses, Congress passed the Federal the minimum under 21 U.S.C. § 841(b). Fi- specified information to the Federal officer Death Penalty Act of 1994 (‘‘FDPA’’), explic- nally, the conference report modifies the using the device; and (2) the Attorney Gen- itly including air piracy procedures among proof requirements of the House-passed bill eral to fully inform the House and Senate the list of crimes to which it applied, at the to clarify that a person must have knowl- Judiciary Committees regarding the use of same time repealing the former death pen- edge that the person or organization has en- such devices. alty procedures of the Antihijacking Act of gaged or engages in terrorist activity or ter- TITLE II—TERRORIST DEATH PENALTY 1974. rorism. ENHANCEMENT The problem with this legal development is Section 123. Interfering with the operation of an Section 201. Short title that there is a perceived gap in legislative aircraft The short title is the ‘‘Terrorist Death intent to maintain the option of a death pen- Section 123 of the conference report is sub- Penalty Enhancement Act of 2005.’’ Section alty for those who committed air piracy re- stantively similar to section 125 of the House 201 of the conference report is identical to sulting in death before enactment of the bill. There is no comparable provision in the section 201 of the House bill. There is no FDPA. On September 29, 2001, the United Senate amendment. This section amends 18 comparable provision in the Senate amend- States obtained custody of Zaid Hassan Abd U.S.C. § 32, which prohibits the destruction of ment. Latif Safarini, the operational leader of the aircraft or aircraft facilities, to address the deadly attempted hijacking of Pan Am flight SUBTITLE A—TERRORIST PENALTIES increasing number of reports to the Federal 73, a crime which occurred on September 5, ENHANCEMENT ACT Aviation Administration of the intentional 1986, in Karachi, Pakistan, and which re- aiming of lasers into airplane cockpits. The Section 211. Death penalty procedures for cer- sulted in the death of at least 20 people, in- amendment makes it illegal to interfere tain air piracy cases occurring before enact- cluding two United States citizens, and the with or disable a pilot or air navigation fa- ment of the Federal Death Penalty Act of injury of more than 100 others. Safarini per- cility operator with the intent to endanger 1994 sonally executed the first United States cit- the safety of any person or with reckless dis- This section is the same as section 213 of izen and after a 16-hour stand-off, he and his regard for the safety of human life. the House bill, except for the addition of a fellow hijackers opened fire on approxi- Section 124. Sense of Congress relating to lawful severability clause. There is no comparable mately 380 passengers and crew on board Pan political activity provision in the Senate amendment. Section Am 73, attempting to kill all of them with 211 of the conference report provides proce- grenades and assault rifles. Safarini and his Section 124 of the conference report is sub- dures for death penalty prosecutions for air co-defendants had been indicted by a grand stantively similar to section 126 of the House piracy crimes occurring before the 1994 Fed- jury in the District of Columbia in 1991, and bill. There is no comparable provision in the eral Death Penalty Act, provided that the after his capture in 2001, the prosecutors Senate amendment. This sense of the Con- government establishes the existence of one filed papers stating the government’s inten- gress articulates that no American citizen or more factors under former 49 U.S.C. tion to seek the death penalty against should be the target of a criminal investiga- § 46503(c)(2), or its predecessor, and that the Safarini. The district court, however, ruled tion solely as a result of that person’s lawful defendant has not established by a prepon- that the government could not seek the political activity or membership in a non- derance of the evidence the existence of any death penalty in this case or, by implication, violent political organization. During the of the factors set forth in former 49 U.S.C. in any other air piracy case from the pre- many congressional hearings held on the PA- § 46503(c)(1), or its predecessor. This section FDPA period, essentially because Congress TRIOT Act, both in open and classified set- makes the 1994 procedures applicable to post- had not made clear which procedures should tings, there has been absolutely no evidence 1974, and pre-1994 air piracy murder cases. apply to such a prosecution. In its ruling, the adduced that the Department of Justice or Section 211 of the conference report would court noted that, at the time it passed the the FBI has used the powers conferred by law permit the imposition of the death penalty FDPA in 1994, Congress did not state any in- to investigate anyone based on his or her upon an individual convicted of air piracy of- tention as to whether the new capital sen- participation in the political process. fenses resulting in death where those of- tencing procedures should be applied to air Section 125. Removal of civil liability barriers fenses occurred after enactment of the piracy offenses occurring before enactment that discourage the donation of fire equip- Antihijacking Act of 1974 but before the en- of the FDPA. A further complication exists, ment to volunteer fire companies actment of the Federal Death Penalty Act of in that there are two provisions of the Section 125 of the conference report is sub- 1994. This provision would cover a small, but Antihijacking Act of 1974 that, if taken away stantively similar to section 131 of the House important category of defendants, including from pre-FDPA air piracy defendants, could bill. There is no comparable provision in the those responsible for the December 1984 hi- pose ex post facto concerns in light of Ring v. Senate amendment. This section establishes jacking of Kuwait Airways flight 221 and the Arizona, 536 U.S. 584 (2002). Safarini has since immunity from civil liability (other than for murder of two American United States Agen- pled guilty to the charged offenses and was gross negligence or intentional misconduct) cy for International Development employees, sentenced, pursuant to a plea agreement, to for anyone other than a fire equipment man- William Stanford and Charles Hegna; the three life terms plus twenty-five years im- ufacturer who donates fire equipment to vol- June 1985 hijacking of TWA flight 847 and the prisonment. unteer fire companies. murder of Navy diver Robert Stethem; the Section 211 addresses the issues identified Section 126. Report on data-mining activities November 1985 hijacking of Egyptair flight by the district court in the Safarini case by 648 and the murder of American service- explicitly stating that Congress intends for Section 126 of the conference report is woman Scarlett Rogenkamp as well as 56 the provisions of the FDPA to apply to this similar to section 132 of the House bill. There other passengers; and the September 1986 hi- category of defendants, while also explicitly is no comparable provision in the Senate jacking of Pan Am flight 73 and the murder preserving for such defendants the two provi- amendment. This section instructs the At- of American citizens Rajesh Kumar and sions of the Antihijacking Act to which they torney General to report to Congress on De- Surendra Patel, as well as at least 19 other are arguably constitutionally entitled, con- partment of Justice use or development of passengers and crew. cerning the statutory aggravating and miti- pattern-based data-mining technology. Section 211 is important to reaffirm the in- gating circumstances set forth in the Section 127. Sense of Congress tent of Congress to have available the ulti- Antihijacking Act. Section 127 of the conference report is sub- mate penalty to use against aircraft hijack- This provision is particularly important stantively similar to section 133 of the House ers whose criminal actions result in death. for several other reasons. In the absence of a bill. There is no comparable provision in the In 1974, Congress enacted the Antihijacking death penalty that could be implemented for Senate amendment. This section is a sense of Act, making the crime of air piracy the one pre-FDPA hijacking offenses resulting in the Congress that the victims of terrorist at- and only crime under Federal law for which death that also occurred before the effective

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27854 CONGRESSIONAL RECORD—HOUSE December 8, 2005 date of the Sentencing Guidelines on Novem- cially unable to obtain adequate representa- are essential for safe navigation and, there- ber 1, 1987, the maximum penalty available tion or investigative, expert, or other rea- fore, are inviting targets for terrorists. To would be life imprisonment. Under the pre- sonably necessary services will be entitled to deter any such intentional interference, this Sentencing Guidelines structure, even pris- the appointment of one or more attorneys section amends 18 U.S.C. § 2280(a) (violence oners sentenced to life imprisonment were and the furnishing of such other services. against maritime navigation) to make it a eligible for a parole hearing after serving TITLE III—REDUCING CRIME AND crime to intentionally damage or tamper only ten years. While there is a split in the TERRORISM AT AMERICA’S SEAPORTS with any maritime navigational aid main- Circuit Courts of Appeals as to whether a Section 301. Short title tained by the Coast Guard or under its au- sentencing judge can impose a sentence that thority, if such act endangers the safe navi- could avert the 10-year parole hearing re- This section designates the short title as gation of a ship. In addition, this section quirement, the current position of the Bu- the ‘‘Reducing Crime and Terrorism at amends title 18 of the United States Code to reau of Prisons is that a prisoner is eligible America’s Seaports Act of 2005.’’ Section 301 make it a crime to knowingly place in for a parole hearing after serving ten years of the conference report is identical to sec- waters any device that is likely to damage a of a life sentence. Even if parole is denied on tion 301 of the House bill. There is no com- vessel or its cargo, interfere with a vessel’s that first occasion, such prisoners are enti- parable provision in the Senate amendment, safe navigation, or interfere with maritime tled to have regularly scheduled parole hear- but this section is similar to S. 378, the ‘‘Re- commerce. Any violation of this provision ings every two years thereafter. Moreover, in ducing Crime and Terrorism at America’s will be punishable by a fine and/or a max- addition to parole eligibility after ten years, Seaports Act of 2005,’’ which was reported fa- imum term of imprisonment for life, and if the old sentencing and parole laws incor- vorably by the Senate Committee on the Ju- death results, an offense could be punishable porated a presumption that even persons diciary on April 21, 2005. by a sentence of death. sentenced to life imprisonment would be re- Section 302. Entry by false pretenses to any sea- Section 305. Transportation of dangerous mate- leased after no more than 30 years. port rials and terrorists In the context of the individuals respon- Section 302 of the conference report is sub- Section 305 of the conference report is sub- sible for the hijacking incidents described stantively similar to section 302 of the House stantively similar to section 306 of the House above, most of the perpetrators were no bill and the parallel section in S. 378. There bill and the parallel provision in S. 378, but older than in their twenties when they com- is no comparable provision in the Senate adopts the intent requirements as specified mitted their crimes. The imposition of a pre- amendment. According to the Report of the in S. 378. The section makes it a crime to Guidelines sentence of life imprisonment for Interagency Commission on Crime and Secu- knowingly and intentionally transport these defendants means that many, if not all rity at U.S. Seaports (hereinafter ‘‘Inter- aboard any vessel an explosive, biological of them, could be expected to be released agency Commission Report’’), ‘‘[c]ontrol of agent, chemical weapon, or radioactive or from prison well within their lifetime. Given access to the seaport or sensitive areas with- nuclear materials, knowing that the item is the gravity of these offenses, coupled with in the seaport is often lacking.’’ Such unau- intended to be used to commit a terrorist the longstanding Congressional intent to thorized access is especially problematic, be- act. Any violation of this provision will be have a death penalty available for the of- cause inappropriate controls may result in punishable by a fine and a maximum prison fense of air piracy resulting in death, such a the theft of cargo and, more dangerously, un- term of life and, if death results, the offense result would be at odds with the clear direc- detected admission of terrorists. In addition could be punished by a sentence of death. tive of Congress. to establishing appropriate physical, proce- Section 211 includes a severability clause Section 306. Destruction of, or interference with, dural, and personnel security for seaports, it vessels or maritime facilities that would establish that if any provision of is important that U.S. criminal law ade- Section 306 of the conference report is sub- the Act or the application thereof to any quately reflect the seriousness of the offense. stantively similar to section 307 of the House person or circumstance is held invalid by a This section clarifies that 18 U.S.C. § 1036 bill and the parallel provision in S. 378. This court of law, the remainder of Section 211 (fraudulent access to transport facilities) in- section makes it a crime to: (1) damage or and the application of such provision to cludes seaports and waterfronts within its destroy a vessel or its parts, a maritime fa- other persons or circumstances shall not be scope, and increases the penalties for vio- cility, or any apparatus used to store, load or affected by that declaration of invalidity. lating these provisions from a maximum of 5 unload cargo and passengers; (2) perform an The inclusion of this severability clause years to 10 years. means that the unaffected portions of the act of violence against or incapacitate any Section 303. Criminal sanctions for failure to law would remain operable. individual on a vessel, or at or near a facil- heave to, obstruction of boarding, or pro- Section 212. Postrelease supervision of terrorists ity; or (3) knowingly communicate false in- viding false information formation that endangers the safety of a ves- This section is substantively similar to Section 303 of the conference report is sub- sel. Any violation of this section (including section 215 of the House bill. There is no stantively similar to section 303 of the House attempts and conspiracies) will be punished comparable provision in the Senate amend- bill and the parallel section in S. 378. A core by a fine and/or imprisonment for a max- ment. Section 212 of the conference report function of the United States Coast Guard is imum of 20 years; if death results, the of- expands the scope of the individuals covered law enforcement at sea, especially in the fense could be punished by a sentence of by the post-release supervision provisions for aftermath of the tragic events of September death. If an individual threatens to carry out terrorists. 11, 2001. While the Coast Guard has authority the above-described offense, and has the ap- SUBTITLE B—FEDERAL DEATH PENALTY to use whatever force is reasonably nec- parent will and determination to carry out PROCEDURES essary to require a vessel to stop or be the threat, that threat is punishable by a Section 221. Elimination of procedures applica- boarded, ‘‘refusal to stop,’’ by itself, is not fine and/or imprisonment for a maximum of ble only to certain Controlled Substances currently a crime. This section amends title 5 years. The offender also will be liable for Act cases 18 of the United States Code to make it a all costs incurred as a result of the threat. This section retains a portion of section crime: (1) for a vessel operator knowingly to This section also subjects any individual who 231 of the House bill. There is no comparable fail to slow or stop a ship once ordered to do knowingly conveys false information about provision in the Senate amendment. The so by a Federal law enforcement officer; (2) the offenses described above (or other named conference report eliminates duplicative for any person on board a vessel to impede offenses) to a civil penalty up to $5,000. In ad- death procedures under title 21 of the United boarding or other law enforcement action dition, knowingly conveying false informa- States Code, and consolidates procedures authorized by Federal law; or (3) for any per- tion concerning an attempted violation of governing all Federal death penalty prosecu- son on board a vessel to provide false infor- this section or of chapter 11 of title 18 will be tions in existing title 18 of the United States mation to a Federal law enforcement officer. punishable by a maximum of 5 years impris- Code, thereby eliminating confusing require- Any violation of this section will be punish- onment. This section harmonizes the some- ments that trial courts provide two separate able by a fine and/or imprisonment for a what outdated maritime provisions with the sets of jury instructions in certain Federal maximum term of 5 years. existing criminal sanctions for destruction death penalty prosecutions. Section 304. Criminal sanctions for violence or interference with an aircraft or aircraft Section 222. Counsel for financially unable de- against maritime navigation, placement of facilities in 18 U.S.C. §§ 32, 34, and 35. fendants destructive devices Section 307. Theft of interstate or foreign ship- Section 222 of the conference report is a Section 304 of the conference report is sub- ments or vessels new provision. This section transfers exist- stantively similar to section 305 of the House This section is similar to section 308 of the ing statutes from the death penalty proce- bill, and excludes the malicious dumping House bill and the parallel provision in S. dures contained in title 21 of the United provisions contained in S. 378. The Coast 378, except the conference report does not States Code to the death penalty procedures Guard maintains over 50,000 navigational maintain the increased criminal penalties in title 18 of the United States Code. This aids on more than 25,000 miles of waterways. that were included in the House bill. The section requires that any death-penalty eli- These aids, which are relied upon by all com- Interagency Commission Report found that gible defendant who is or becomes finan- mercial, military, and recreational mariners, certain existing statutes, regulations, and

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27855 sentencing guidelines do not provide suffi- conference report is identical to section 401 for raising funds to support terrorist activi- cient sanctions to deter criminal or civil vio- of the House bill. There is no comparable ties may be legal or illegal. Also, the objec- lations related to a range of offenses, includ- provision in the Senate amendment. tive of money laundering investigations is ing theft of interstate or foreign shipments. Section 402. Increased penalties for terrorism fi- prosecution and forfeiture. Terrorist financ- In an effort to close statutory gaps and in- nancing ing investigations share these objectives; crease the criminal penalty, this section ex- however, the ultimate goal is to identify, pands the scope of section 18 U.S.C. § 659 Section 402 of the conference report is sub- disrupt, and cut off the flow of funds to ter- (theft of interstate or foreign shipments) to stantively similar to section 402 of the House rorists, whether or not the investigation re- include theft of goods from additional trans- bill. There is no comparable provision in the sults in prosecutions.’’ portation facilities or instruments, including Senate amendment. Currently, penalties for Many steps have been taken by Congress, trailers, cargo containers, and warehouses. violating the International Emergency Eco- law enforcement, and the private sector to In addition, the section increases the pen- nomic Powers Act (IEEPA) are not commen- address the issue of terrorist financing. The alties for theft of goods from a maximum of surate with terrorist financing violations. USA PATRIOT Act codified money laun- 10 years to a maximum of 15 years imprison- This section amends section 206 of IEEPA (50 dering statutes and provided authority im- ment, and for amounts less than $1000, the U.S.C. § 1705) to increase the civil penalty proving the flow of financial information re- punishment will be increased from a max- from $10,000 to $50,000 per violation and to in- garding terrorist financing. The Bank Se- imum of 1 year to a maximum of 3 years im- crease the criminal penalty from 10 years crecy Act has been amended to require finan- prisonment. The section clarifies that, under imprisonment to 20 years imprisonment with cial institutions to report suspicious activi- 18 U.S.C. § 659, the determination of whether the maximum criminal fine remaining the ties. Enforcement and enhanced regulations goods are ‘‘moving as an interstate or for- same. make it more difficult for terrorist organiza- eign shipment’’ is made by considering the Section 403. Terrorism-related specified activities tions to compromise U.S. financial institu- entire cargo route, regardless of any tem- for money laundering tions. However, these terrorists continue to porary stop between the point of origin and seek the path of least resistance, utilizing al- final destination. Finally, the section re- Section 403 of the conference report is sub- stantively similar to section 403 of the House ternative financing systems and foreign quires an annual report of law enforcement banking systems that lack sufficient stand- activities relating to cargo theft and re- bill. There is no comparable provision in the Senate amendment. Under current law, a ards and regulations. quires collection and reporting by the FBI of Alternative remittance systems are uti- number of activities that terrorist financiers cargo theft crimes. lized by terrorists to move and launder large undertake are not predicates for purposes of Section 308. Stowaways on vessels or aircraft amounts of money around the globe quickly the Federal money laundering statute, 18 and secretly. These remittance systems, also Section 308 of the conference report is U.S.C. § 1956. Key among those activities is similar to section 310 of the House bill. It is referred to as ‘‘hawala’’ networks, are used operating an illegal money transmitting throughout the world, including the Middle similar to the parallel provision in S. 378, business, including ‘‘hawala’’ networks, though the conference report includes a East, Europe, North America and South which terrorists and their sympathizers death penalty that was not part of the Sen- Asia. These systems are desirable to crimi- often use to transfer funds to terrorist orga- ate amendment. The section increases the nals and non-criminals alike because of the nizations abroad. This section adds three ter- maximum penalty for a violation of 18 U.S.C. anonymity, low cost, efficiency, and access rorism-related provisions to the list of speci- § 2199 (stowaways on vessels or aircraft) from to underdeveloped regions. The United 1 year to 5 years imprisonment. If the act is fied unlawful activities that serve as predi- States has taken steps to combat the committed with the intent to commit seri- cates for the money laundering statute. Sub- ‘‘hawala’’ networks by requiring all money ous bodily injury and serious bodily injury section(a) adds as a RICO predicate the of- transmitters, informal or formal, to register occurs, it will be punishable by a fine and a fense in 18 U.S.C. § 1960 (relating to illegal as money services businesses. maximum of 20 years imprisonment. If death money transmitting businesses), which has Under current Federal law, a financial results, it will be punishable by death or life the effect of making this offense a money transaction constitutes a money laundering imprisonment. laundering predicate through the cross-ref- offense only if the funds involved in the Section 309. Bribery affecting port security erence in 18 U.S.C. § 1956(c)(7)(A). Sub- transaction represent the proceeds of some section(b) directly adds as money laundering criminal offense. See 18 U.S.C. § 1956(a)(1) This section is substantively similar to predicates the new terrorist-financing of- section 311 of the House bill and the parallel (‘‘represents the proceeds of some form of fense in 18 U.S.C. § 2339C. provision of S. 378. Section 309 of the con- unlawful activity’’); and 18 U.S.C. § 1957(f)(2) ference report makes it a crime to know- Sec. 404. Assets of persons committing terrorist (‘‘property constituting, or derived from, ingly, and with the intent to commit inter- acts against foreign countries or inter- proceeds obtained from a criminal offense’’). national or domestic terrorism, bribe a pub- national organizations There is some uncertainty, however, as to lic official to affect port security; or to re- Section 404 of the conference report is sub- whether the ‘‘proceeds element’’ is satisfied ceive a bribe in return for being influenced stantively similar to section 404 of the House with regard to each transaction in a money laundering scheme that involves two or more in public duties affecting port security, bill. There is no comparable provision in the transactions conducted in parallel, only one knowing that such influence will be used to Senate amendment. The USA PATRIOT Act of which directly makes use of the proceeds commit, or plan to commit, an act of ter- enacted a new forfeiture provision codified from unlawful activity. For example, con- rorism. A violation of this section is punish- at 18 U.S.C. § 981(a)(1)(G) pertaining to the sider the following transaction: A sends drug able by a maximum term of 15 years impris- assets of any person planning or perpetrating proceeds to B, who deposits the money in onment. an act of terrorism against the United Bank Account 1. Simultaneously or subse- Section 310. Penalties for smuggling goods into States. Section 404 of the conference report quently, B takes an equal amount of money the United States adds a parallel provision pertaining to the from Bank Account 2 and sends it to A, or to assets of any person planning or perpetrating Section 310 of the conference report is sub- a person designated by A. The first trans- stantively identical to section 312 of the an act of terrorism against a foreign state or action from A to B clearly satisfies the pro- House bill. There is no comparable provision international organization. Where the prop- ceeds element of the money laundering stat- in the Senate amendment. This section in- erty sought for forfeiture is located outside ute, but there is some question as to whether creases the penalty for violations of 18 U.S.C. the United States, an act in furtherance of the second transaction—the one that in- § 545 (smuggling) from imprisonment for not planning or perpetrating the terrorist act volves only funds withdrawn from Bank Ac- more than 5 years to imprisonment for not must have occurred within the jurisdiction count 2 does so as well. The question has be- more than 20 years. of the United States. come increasingly important because such Section 311. Smuggling goods from the United Sec. 405. Money laundering through hawalas parallel transactions are the technique used States Section 405 of the conference report is sub- to launder money through the Black Market Section 311 of the conference report is sub- stantively similar to section 405 of the House Peso Exchange and ‘‘hawala’’ network. Sec- stantively identical to section 313 of the bill. There is no comparable provision in the tion 405 of the conference report is intended House bill. There is no comparable provision Senate amendment. This section outlaws to remove all uncertainty on this point by in the Senate amendment. This section cre- any ‘‘dependent transactions’’ relating to a providing that all constituent parts of a set ates a new criminal offense for illegally money laundering transaction. Terrorist fi- of parallel or dependent transactions involve smuggling goods from the United States and nancing and money laundering can be mutu- criminal proceeds if one such transaction establishes a maximum penalty of 10 years ally exclusive, but many times they go hand- does so. The conference report modifies the imprisonment. in-hand. As reported in the National Money hawala provision to require that it be part of TITLE IV—COMBATING TERRORISM Laundering Strategy (NMLS), ‘‘both depend plan or arrangement. FINANCING on the lack of transparency and vigilance in Sec 406. Technical and conforming amendments Section 401. Short title the financial system. Money laundering re- relating to the USA PATRIOT Act The short title is ‘‘Combating Terrorism quires the existence of an underlying crime, Section 406 of the conference report is sub- Financing Act of 2005.’’ Section 401 of the while terrorist financing does not. Methods stantively similar to section 406 of the House

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27856 CONGRESSIONAL RECORD—HOUSE December 8, 2005 bill. There is no comparable provision in the pointment procedure for the Director of the terference with Secret Service law enforce- Senate amendment. This section makes a Bureau of Alcohol, Tobacco, and Firearms by ment personnel generally). The conference number of corrections relating to provisions providing that the President, with the advice report makes punishable by up to 10 years of the USA PATRIOT Act, mostly affecting and consent of the Senate, shall appoint the the thwarting of security procedures by indi- money laundering or asset forfeiture. While Director. viduals in possession of dangerous or deadly essentially technical in nature, these correc- Section 505. Qualifications of United States weapons. tions are critical because typographical and Marshals Section 603. False credentials to national special other errors in the USA PATRIOT Act provi- Section 505 of the conference report is a security events sions are preventing prosecutors from fully new section. This section clarifies the quali- Section 603 of the conference report is a utilizing that Act’s tools. For example, cer- fications individuals should have before join- new section. This section amends 18 U.S.C. tain new forfeiture authorities enacted by ing the United States Marshals. § 1028 to make it a Federal crime to know- that Act refer to a nonexistent statute, 31 ingly produce, possess, or transfer a false U.S.C. § 5333, where 31 U.S.C. § 5331 is in- Section 506. Department of Justice intelligence matters identification document that could be used tended. to gain unlawful and unauthorized access to Section 506 is a new section that estab- Subsection (a) makes technical corrections any restricted area of a building or grounds lishes a National Security Division (NSD) to a number of provisions in the USA PA- in conjunction with a NSSE. Such actions within the DOJ, headed by an Assistant At- TRIOT Act. Subsection (b) codifies section were a problem during the 2002 Winter Olym- 316(a)–(c) of that Act as 18 U.S.C. § 987. Sub- torney General for National Security pics, and the conference report will allow for section (c) adds explicit language covering (AAGNS). This section is consistent with a Federal prosecution against such criminal conspiracies to carry out two offenses likely recommendation by the WMD Commission violations at future NSSEs. to be committed by terrorists (18 U.S.C. that the ‘‘Department of Justice’s primary Section 604. Forensic and investigative support §§ 33(a) and 1366), thereby conforming these national security elements—the Office of In- of missing and exploited children cases provisions to various crimes modified by sec- telligence Policy and Review, and the tion 811 of the USA PATRIOT Act, which Counterterrorism and Counterespionage sec- Section 604 of the conference report is a added conspiracy language to other ter- tions—should be placed under a new Assist- new section. On April 30, 2003, President rorism offense. ant Attorney General for National Secu- Bush signed into law the Child Abduction Prevention Act (Pub. Law No. 108–21), which Section 407. Cross reference correction rity.’’ A version of this section was included authorizes the Secret Service to provide, Section 407 of the conference report is sub- in S. 1803, the ‘‘Intelligence Reauthorization bill for fiscal year 2006,’’ which was reported upon request, forensic and investigative as- stantively identical to section 408 of the sistance to the National Center for Missing House bill. There is no comparable provision favorably by the Senate Select Committee on Intelligence on September 29, 2005. and Exploited Children or local law enforce- in the Senate amendment. This section cor- ment agencies. The current statute states rects a cross-reference, replacing the ‘‘Na- Section 507. Review by Attorney General that ‘‘officers and agents’’ of the Secret tional Intelligence Reform Act of 2004’’ with Section 507 is a new section. It modifies Service may provide this assistance. Section the correct title, the ‘‘Intelligence Reform the process by which States can opt in to the 604 of the conference report clarifies that fo- and Terrorism Prevention Act of 2004.’’ expedited habeas procedures for capital cases rensic and other civilian personnel, such as Section 408. Amendment to amendatory lan- under chapter 154 of title 28 of the United fingerprint specialists, polygraph examiners, guage States Code by shifting responsibility to the and handwriting analysts, are authorized to Section 408 of the conference report is sub- Attorney General for certifying when a State provide such assistance. stantively identical to section 409 of the has qualified. This section also allows for de Section 605. The uniformed division, United House bill. There is no comparable provision novo review in the U.S. Court of Appeals for States Secret Service the District of Columbia Circuit of the At- in the Senate amendment. This section Section 605 of the conference report is a torney General’s certification. It relaxes the amends an incorrect citation. new section. This section places all authori- time constraints imposed on judges for de- Section 409. Designation of additional money ties of the Uniformed Division, which are ciding habeas cases under chapter 154. This laundering predicate currently authorized under title 3, in a newly section also clarifies when a habeas pro- Section 409 of the conference report is sub- created 18 U.S.C. § 3056A, following the core ceeding is ‘pending’ for purposes of 28 U.S.C. authorizing statute of the Secret Service (18 stantively identical to section 410 of the 2251, which controls the circumstances under House bill. There is no comparable provision U.S.C. § 3056), thereby organizing the Uni- which a federal court hearing a habeas peti- formed Division under title 18 of the United in the Senate amendment. This section adds tion may stay a State court action. Over- 18 U.S.C. § 2339D (relating to receiving mili- States Code with other Federal law enforce- ruling McFarland v. Scott, 512 U.S. 849 (1994), ment agencies. tary-type training from a foreign terrorist this section provides that a habeas pro- Section 606. Savings provisions organization) as a money laundering predi- ceeding is not ‘pending’ until the habeas ap- cate. plication itself is filed. For prisoners who Section 606 of the conference report is a TITLE V—MISCELLANEOUS have applied for counsel pursuant to 18 new section. This section makes clear that Section 501. Residence of United States Attor- U.S.C. 3599(a)(2), there is a limited exception the transfer of the Uniformed Division from neys and Assistant United States Attorneys allowing the court to stay execution of a title 3 of the United States Code to title 18 of the United States Code shall have no im- Section 501 is a new section and addresses death sentence until after the attorney has pact on the retirement benefits of current an unintentional effect of the residency re- been appointed or the application withdrawn employees or annuitants and others nec- quirement for United States Attorneys and or denied. essary to reimburse State and local govern- Assistant United States Attorneys. Section TITLE VI—SECRET SERVICE ment organizations for support provided in 501 of the conference report provides that the Section 601. Short title connection with a visit of a foreign govern- Attorney General can order that residency The short title is ‘‘Secret Service Author- ment official. requirements be waived when a United ization and Technical Modification Act of States Attorney or Assistant United States Section 607. Maintenance as distinct entity 2005.’’ Section 601 of the conference report is Attorney is assigned dual or additional re- Section 607 of the conference report is a new. sponsibilities. This provision will enable ac- new section. This section provides a clear tivities such as participation by United Section 602. Interference with national special operational and organizational framework States Attorneys in legal activities in Iraq. security events for the Secret Service that maintains the Se- Section 502. Interim appointment of United Section 602 of the conference report is a cret Service as a distinct component of the States Attorneys new section. 18 U.S.C. § 1752 authorizes the Department of Homeland Security while pro- viding the Service with necessary oper- Section 502 is a new section and addresses Secret Service to charge individuals who breach established security perimeters or en- ational latitude. It allows for the Director of an inconsistency in the appointment process the Secret Service to report directly to the of United States Attorneys. gage in other disruptive or potentially dan- gerous conduct at National Special Security Secretary of the Department of Homeland Section 503. Secretary of Homeland Security in Events (NSSEs) if a Secret Service protectee Security. Finally, the conference report pro- Presidential line of succession is attending the designated event. Section vides that the assets, agents, officers, and Section 503 of the conference report is a 602 of the conference report expands 18 U.S.C. other personnel of the Secret Service shall new section and fills a gap in the Presi- § 1752 to criminalize such security breaches remain at all times under the command and dential line of succession by including the at NSSEs that occur when the Secret Service control of the Director. Secretary of Homeland Security. protectee is not in attendance. Additionally, Section 608. Exemptions from the Federal Advi- Section 504. Bureau of Alcohol, Tobacco, and it doubles the statutory penalties (from 6 sory Committee Act Firearms to the Department of Justice months to 1 year) for violations of § 1752, to Section 608 of the conference report is a Section 504 of the conference report is a make the penalty consistent with the pre- new section. This section exempts the func- new section. This provision modifies the ap- scribed penalty under 18 U.S.C. § 3056(d) (in- tions of the Secret Service’s Electronic

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27857 Crime Task Forces and the candidate protec- domestic production were to increase. Cur- Section 717. Enforcement of restrictions on im- tion committee from the Federal Advisory rent law (as amended) would allow manufac- portation and of requirement of notice of Committee Act (5 U.S.C. App. 2), which im- turers to apply for increases in their produc- transfer poses a series of requirements on committees tion quotas (see 21 U.S.C. § 826(e)). This section of the conference report is established or utilized by Federal agencies to Section 714. Penalties; authority for manufac- new and makes a conforming amendment to provide advice or recommendations to any turing; quota current law to extend existing penalties for agency or Federal officer. Committees that This section of the conference report is illegal imports or exports to the new regu- wholly consist of full-time officers or em- new and expands the existing penalty for il- latory requirements added by sections 715 ployees of the Federal Government are not legal production beyond established quotas and 716 of the conference report. covered by the Act. If the advisory com- (see 21 U.S.C. § 842(b)) to take into account Section 718. Coordination with United States mittee is subject to the Act, it must, among the Attorney General’s new authority to set Trade Representative other requirements, open its meetings to the quotas for methamphetamine precursors. This section of the conference report is public, publish notice of meetings in the new and requires coordination by the Attor- Federal Register, and make its minutes Section 715. Restrictions on importation; author- ity to permit imports for medical, scientific, ney General with the United States Trade available to the public. There are current ex- Representative. emptions from these requirements, such as or other legitimate purposes SUBTITLE B—INTERNATIONAL REGULATION OF committees established by the CIA and the Section 715 of the conference report is a PRECURSOR CHEMICALS Federal Reserve. This amendment eliminates new provision and extends the Attorney Gen- Section 721. Information of foreign chain of dis- any doubt and confirms that the Act does eral’s existing authority to set import tribution; import restrictions regarding fail- not apply to the Electronic Crime Task quotas for controlled substances (see 21 ure of distributors to cooperate Forces or the candidate protection com- U.S.C. § 952) to pseudoephedrine, ephedrine, mittee. and phenylpropanolamine. This section al- This section of the conference report is lows registered importers to apply for tem- new and further amends the reporting re- TITLE VII—COMBAT METHAMPHETAMINE porary or permanent increases in a quota to quirements for importers of meth precursor EPIDEMIC ACT OF 2005 meet legitimate needs. The. Attorney Gen- chemicals, by requiring them to file with Section 701. Short title eral is required to act on all such applica- Federal regulators the detailed information The short title is the ‘‘Combat Meth- tions within 60 days. about the chain of distribution of imported amphetamine Epidemic Act of 2005.’’ Section Section 716. Notice of importation or expor- chemicals (from the manufacturer to the 701 of the conference report is a new section. tation; approval of sale or transfer by im- shores of the U.S.). This provision will assist U.S. law enforcement agencies to better SUBTITLE A—DOMESTIC REGULATION OF porter or exporter PRECURSOR CHEMICALS track where meth precursors come from, and Section 716 of the conference report is new how they get to the U.S. At present, very lit- Section 711. Scheduled listed chemical products; and closes a loophole in the current regu- tle information exists about the inter- restrictions on sale quantity, behind-the latory system for imports and exports of pre- national ‘‘chain of distribution’’ for these counter access, and other safeguards cursor chemicals for methamphetamine and chemicals, hindering effective controls. This section of the conference report is other synthetic drugs. Under current law, a Section 722. Requirements relating to the largest new. Section 711 reclassifies pseudoeph- company that wants to import or export exporting and importing countries of certain edrine, phenylpropanolamine, and ephedrine pseudoephedrine or another precursor chem- precursor chemicals as Schedule Listed Chemicals; reduces the ical must either: (1) Notify the Department This section of the conference report is Federal pertransaction sales limit for SLCs of Justice 15 days in advance of the import new, and was originally introduced by Rep. or export; or (2) be a company that has pre- from 9 grams to 3.6 grams (the amount re- Mark Kennedy in the House and was adopted viously imported or exported a precursor and cently proposed by the Administration); re- by the House as part of the State Depart- quires behind-the-counter storage or locked is proposing to sell the chemicals to a cus- ment reauthorization legislation for FE 2006– cabinet storage of SLCs; requires that regu- tomer with whom the company has pre- 07 (H.R. 2601). It mandates a separate section lated sellers (retail distributors and phar- viously dealt. (See 21 U.S.C. § 971(a), (b).) of the current State Department report on macies) maintain a written log of purchases; A problem can arise, however, when the major drug producing and transit countries restricts monthly sales to no more than 9.0 sale that the importer or exporter originally (see 22 U.S.C. 2291h), identifying the five grams per purchaser; imposes similar re- planned falls through. When this happens, largest exporters of major methamphet- quirements on Internet sellers and mobile re- the importer or exporter must quickly find a amine precursor chemicals, and the five larg- tail vendors; and requires each regulated new buyer for the chemicals on what is est importers that also have the highest rate seller to submit a certification that it is in called the ‘‘spot market’’—a wholesale mar- of methamphetamine production or diver- compliance with these requirements, that its ket. Sellers are often under pressure to find sion of these chemicals to the production of employees have been trained as to these re- a buyer in a short amount of time, meaning methamphetamine. If any of those countries quirements, and that records relating to that they may be tempted to entertain bids was not fully cooperating with U.S. law en- such training are maintained at the retailers from companies without a strong record of forcement in implementing their responsibil- location. Such certifications are to be made preventing diversion. More importantly, the ities under international drug control trea- available by the Attorney General to State Department of Justice has no opportunity to ties, there would be consequences for their and local law enforcement. review such transactions in advance and sus- eligibility for U.S. aid, similar to those faced Section 712. Regulated transactions pend them if there is a danger of diversion to by the major drug trafficking nations under illegal drug production. current law. This section of the conference report is This section extends the current reporting The conference report adds a provision new and repeals the Federal ‘‘blister pack’’ requirements—as well as the current exemp- clarifying the original intent of this amend- exemption, and clarifies the law to include tion for regular importers and customers—to ment, to apply the ‘‘fully cooperates’’ stand- derivatives of each of these chemicals. It post-import or export transactions. If an im- ard (and not the lesser standard under an- makes conforming amendments to the cur- porter or exporter were required to file an other, separate provision of law). The provi- rent law, to accommodate the new sales re- initial advance notice with the Department sion also includes an authorization of one strictions, and makes another technical cor- of Justice 15 days before the shipment of million dollars for implementation. rection to make it clear that these sales lim- chemicals, and the originally planned sale The House recently passed an amendment itations apply to drug combinations con- fell through, the importer or exporter would to the State Department’s appropriations taining derivatives of pseudoephedrine, be required to file a second advance notice bill for FY ’06, adding $5 million for the ephedrine, or phenylpropanolamine. with DOJ identifying the new proposed pur- State Department to implement anti-meth- Section 713. Authority to establish production chaser. DOJ would then have 15 days to re- amphetamine measures; this $1 million could quotas view the new transaction and decide whether be derived from that amount. This section of the conference report is it presents enough of a risk of diversion to Section 723. Prevention of smuggling of meth- new and extends the Attorney General’s ex- warrant suspension. As is the case under ex- amphetamine into the united states from isting authority to set production quotas for isting law, a suspension can be appealed mexico certain controlled substances (see 21 U.S.C. through an administrative process. (See 21 This section of the conference report is § 826) to pseudoephedrine, ephedrine, and U.S.C. § 971(c)(2) new and requires the State Department’s Bu- phenylpropanolamine. Currently, domestic If, however, the new proposed purchaser reau for International Narcotics and Law production of these chemicals is not very qualifies as a ‘‘regular’’ customer under ex- Enforcement Affairs (INL) to provide assist- high, as most of our country’s supply is im- isting law, the importer or exporter would ance to Mexico to prevent the production of ported. With the adoption of the import not be required to file a second advance no- methamphetamine in that country, and to quotas in section 715 of this Act (see below), tice. (Note that under current law, DOJ does encourage Mexico to stop the illegal diver- however, the Attorney General would require receive a record of these transactions after sion of methamphetamine precursor chemi- corresponding authority within the U.S. if the fact, see 21 U.S.C. § 971(b)(I)). cals. The conference report authorizes the

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27858 CONGRESSIONAL RECORD—HOUSE December 8, 2005 use of $4 million of the $5 million recently imposing criminal sentences in order to fa- Section 755. Grants for programs for drug-en- approved by the House for these purposes. cilitate data gathering and reporting by the dangered children (The remaining funds would be available to Sentencing Commission. This section of the conference report, help the State Department implement Sec. Section 736. Semiannual reports to congress which is new, authorizes grants to States to 722, as described above.) This provision, which is new to the con- assist in treatment of children who have SUBTITLE C—ENHANCED CRIMINAL PENALTIES ference report, requires the Attorney Gen- been endangered by living at a residence FOR METHAMPHETAMINE PRODUCTION AND eral to report to Congress on investigations where methamphetamine has been manufac- TRACKING and prosecutions relating to methamphet- tured or distributed. Section 731. Smuggling methamphetamine or amine production. Section 756. Authority to award competitive methamphetamine precursor chemicals into SUBTITLE D—ENHANCED ENVIRONMENTAL REGU- grants to address methamphetamine use by the United States while using facilitated LATION OF METHAMPHETAMINE BYPRODUCTS pregnant and parenting women offenders entry programs Section 741. Biennial report to congress on agen- Section 756 is a new provision and author- This section of the conference report is cy designations of by-products on meth- izes the Attorney General to award grants to new. Even as more methamphetamine is amphetamine laboratories as hazardous ma- address the use of methamphetamine among being smuggled across the border, increased terials pregnant and parenting women offenders to legitimate international traffic has forced This provision of the conference report is promote public safety, public health, family the bureau of Customs and Border Protec- new, and requires the Department of Trans- permanence and well being. tion (CBP) to rely on facilitated entry pro- portation to report to Congress every two From the Committee on the Judiciary, for grams—so-called ‘‘fastpass’’ systems like years whether then-existing statutes and consideration of the House bill (except sec- SENTRI (for passenger traffic on the South- regulations cover methamphetamine by- tion 132) and the Senate amendment, and west border), FAST (for commercial truck products as hazardous materials. modifications committed to conference: traffic), and NEXUS (for passenger traffic on F. JAMES SENSENBRENNER, the Northern border). These systems allow Section 742. Methamphetamine production re- Jr., pre-screened individuals to use dedicated port HOWARD COBLE, lanes at border crossings, subject only to oc- This provision of the conference report is LAMAR SMITH, casional searches to test compliance with new, and requires the Environmental Protec- ELTON GALLEGLY, customs and immigration laws. This section tion Agency (EPA) to report to Congress STEVE CHABOT, of the conference report creates an added de- every two years on whether then-existing WILLIAM L. JENKINS, terrent for anyone who misuses a facilitated statutes and regulations cover methamphet- DANIEL LUNGREN, entry program to smuggle methamphet- amine by-products as hazardous materials. From the Permanent Select Committee on amine or its precursor chemicals. An addi- Section 743. cleanup costs Intelligence, for consideration of secs. 102, tional penalty of up to 15 years. imprison- This provision of the conference report is 103, 106, 107, 109, and 132 of the House bill, and ment is added to the punishment for the base new, and clarifies existing law imposing the secs. 2, 3, 6, 7, 9, and 10 of the Senate amend- offense. If convicted, an individual would obligation of restitution for environmental ment, and modifications committed to con- also be permanently barred from using a cleanup costs on persons involved in meth ference: fastpass system. production and trafficking. The recent deci- PETE HOEKSTRA, Section 732. Manufacturing controlled sub- sion of the Eighth Circuit Court of Appeals HEATHER WILSON, stances on federal property in United States v. Lachowski (405 F3d 696, 8th From the Committee on Energy and Com- This section of the conference report is Cir. 2005) has undermined the ability of the merce, for consideration of secs. 124 and 231 new. This section clarifies that current pen- Federal government to seek cleanup costs. of the House bill, and modifications com- alties for cultivating illegal drugs on Federal from methamphetamine traffickers who are mitted to conference: property also apply to manufacturing syn- convicted only of methamphetamine posses- CHARLIE NORWOOD, thetic drugs {such as methamphetamine). sion—even when the methamphetamine lab JOHN SHADEGG, Methamphetamine ‘‘cooks’’ frequently move in question was on the defendant’s own prop- From the Committee on Financial Services, their operations to parks, national forests, erty. This provision would ensure that any for consideration of sec. 117 of the House bill, and other public lands, causing serious envi- person convicted of a methamphetamine-re- and modifications committed to conference: ronmental damage. This criminal penalty lated offense can be held liable for clean-up MICHAEL G. OXLEY, can help deter such destructive conduct. costs for methamphetamine production that SPENCER BACHUS, Section 733. Increased punishment for meth- took place on the defendant’s own property, From the Committee on Homeland Security, amphetamine kingpins or in his or her place of business or resi- for consideration of secs. 127–129 of the House This provision of the conference report is dence. bill, and modifications committed to con- new, and allows for easier application of the SUBTITLE E—ADDITIONAL PROGRAMS AND ference: enhanced penalties of the ‘‘continuing crimi- ACTIVITIES PETER T. KING, nal enterprise’’ section of the Controlled Section 751. Improvements to Department of Jus- CURT WELDON, Substances Act (21 U.S.C. § 848). That section tice Drug Courts program Managers on the Part of the House. (commonly referred to as the ‘‘kingpin’’ stat- This section of the conference report is ARLEN SPECTER, ute) imposes life imprisonment on a leader of new, and revises the Drug Court program ORRIN HATCH, a drug trafficking organization convicted of statute to clarify the requirement for peri- JON KYL, trafficking in very large quantities of a drug, odic testing, graduated sanctions when an of- MIKE DEWINE, and receiving very large profits from that ac- fender tests positive, and a list of potential JEFF SESSIONS, tivity. This new provision reduces the sanctions when a positive test occurs. PAT ROBERTS, threshold amount of methamphetamine Managers on the Part of the Senate. (from 300 to 200 times the threshold for base Section 752. Drug Courts funding violations) and profits from methamphet- This provision of the conference report is f new and authorizes appropriations for drug amine (from $10 million to $5 million), while IMPORTANT ISSUES TO THE still applying the life imprisonment penalty courts. only to. true ‘‘kingpins’’—the ringleaders of Section 753. Feasibility study on Federal Drug COUNTRY methamphetamine trafficking organizations. Courts The SPEAKER pro tempore (Mr. Section 734. New child-protection criminal en- This provision of the conference report, POE). Under the Speaker’s announced hancement which is new, directs the Attorney General policy of January 4, 2005, the gen- This provision of the conference report, to conduct a study on the feasibility of Fed- tleman from Iowa (Mr. KING) is recog- which is new, punishes an offender who man- eral drug courts. nized for 60 minutes as the designee of ufactures methamphetamine at a location Section 754. Grants to hot spot areas to reduce the majority leader. where a child resides or is present, and im- availability of methamphetamine Mr. KING of Iowa. Mr. Speaker, I ap- poses a consecutive. sentence of up to an ad- This section, which is new to the con- preciate the privilege to be recognized ditional 20 years imprisonment. ference report, authorizes $99 million for fis- Section 735. Amendments to certain sentencing on the floor of the United States Con- cal years 2006 to 2010 for grants to State and gress, and have this opportunity to ad- court reporting requirements local law enforcement agencies to assist in This provision of the conference report is the investigation of methamphetamine traf- dress you on the issues that I think are new and authorizes the United States Sen- fickers and to reimburse the DEA for assist- important to this great country, this tencing Commission to establish a form to be ance in cleaning up methamphetamine lab- great country that all of us on the floor used by United States District Judges when oratories. of this Chamber, all 435 of us, love so

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27859 much and so desperately try to do our that every one on the other side of the in the Middle East itself has brought best to represent. aisle sat their alarm in the morning, Lebanon towards freedom, and caused Just a reflection upon the conclusion got up and read the newspaper to figure Qaddafi in Libya to turn over all his of the remarks made by the folks ahead out what they could do to attack the hold cards, to play his cards face up on of me in the previous hour and seeking other side. I did not see the State legis- weapons of mass destruction, including to go to the new C words of cooperation lators focus their energies from the nuclear, which had developed far ahead and coming together. It is quite incon- first sunup in the morning to try to of where we thought it was, but gruous for me to try to understand how identify what they could do to under- Qaddafi contacted us and said I want to that would be when 1 or 2 hours a night mine the other side. They actually drop this. I do not want to play this there can be a relentless drumbeat came to work to try to find how they game any more. challenging the motives, the integrity, could come together. They tried to find Our presence in the Middle East the character and the intelligence, the common ground and how to move their meant too much. The threat was so planning and the convictions of the en- State forward. That is the way it was great, he figured we would find out tire team over here on the Republican in Iowa, and I suspect that is how it about his weapons and go eliminate his side of the aisle. was in Florida, at least I have not weapons, so he decided he would simply In fact, I said Republican here, and heard otherwise. cease to develop them and eliminate that is the first time that word has That is not the way it has become in the foundations he had built for those been said on this floor in over an hour this United States Congress. In fact, in weapons of mass destruction. That that did not sound like a word that was the time I have been here, this is as came because the United States has a based on some type of profane term. partisan as I have ever seen it. There is positive image in the world, in spite of This has gone on day after day, hour as much partisan disagreement as I the message that comes from this after hour, week after week, again re- have ever seen. other side of the aisle. lentlessly trying to undermine the An example might be our trade I have stood here on this floor, Mr. hard work being done by the people agreements, and the Central American Speaker, for the third time, this is the here in the trenches, doing the work Free Trade Agreement would be one. third hour I have initiated to come out on the floor, in committee, and be- There was a time when we negotiated down here and talk about the Presi- hind the scenes. trade agreements and they were bipar- dent’s agenda, the Commander in There is an awful lot that goes on be- tisan agreements. There was a good Chief’s agenda, the mission of our hind every one of those office doors in sized group of Members from the Demo- troops and the destiny of the entire Congress. Many, many things are hap- cratic side of the aisle that would sup- world that is part of this plan that has pening behind those doors; the staff port a free trade agreement. They be- been laid out by President Bush. I laid that multiplies the efforts of the Mem- lieved in free enterprise. They believed this out last night, Mr. Speaker, and I ber, the grapevine that is out here feed- in world trade. They knew if we traded spent some time doing it in not nec- ing this information; the network; the with other countries, that whenever essarily a concise fashion, but a thor- information-gathering process, the you make a deal with anyone, when- ough fashion. And anybody that was analysis of that; the input that comes ever it comes to free enterprise, if you listening should have understood. from our constituents, and the trips trade a dollar with one entity or two or I walked off this floor, perhaps after back home of many of us every week- more entities, everybody involved in 10 o’clock last night, and another hour end to get our feet on the ground and that circle all has to have profit. It is of this relentless criticism flowed down look our constituents in the eye and good for all of us, and that is why we here again, and they picked up the listen to them to hear what they have agree to those trade agreements. But it same old drumsticks and began beating to say. has become a sharp, bright-line par- the same old drum with the same old I am one of those people that I am tisan issue. song: WMD, WMD, WMD. Weapons of pledged to listen. I am pledged to hear Many, many more things have be- mass destruction. Everything that goes what they have for input. But I am also come partisan here in the last couple of on is illegitimate because, according to pledged to owe my constituents my years that, to my recollection, were them, it has been proven that there best judgment. My best judgment in- not. And so to argue for cooperation is were no weapons of mass destruction in cludes, if I happen to disagree with one thing, but the actions and the Iraq. them, but I will absolutely lay out the words over the months of this relent- Now, you would think that anybody case as to why and hear their rebuttal. less effort here down on the floor have that arrived in this Congress and went So far we have had a pretty good work- done the exact opposite. They have through the crucible and testing proc- ing relationship over the years that I driven a wedge between us, Mr. Speak- ess and was elected to owe their best have had the privilege to serve here, er. So that means we have to try to judgment to their constituents, as I do, Mr. Speaker. move this Nation forward sometimes would know one of the most simple Yet this undermining of our national without the help of the people on the principles of rational logic, and you do effort that goes on continually is not other side of the aisle, and then it not have to be a Rhodes Scholar or a conducive to coming together. It is not turns into a partisan debate. It also Harvard lawyer to know this, but many conducive to cooperation. It is not con- forces us to do the best we can with the are and still do not know this; that you ducive to comity. It is not conducive to votes we have to move this Nation for- cannot prove a negative. Yet they con- any type of cooperation that I can ward. tinually say it has been proven that think of. It draws a bright line and So a free trade agreement is one there were no weapons of mass destruc- drives a wedge between the two parties. thing. This Nation has a large economy tion. We should try to find things we can and we can recover from a few mis- I would say tell that to the people up agree on. takes and the few difficulties that there in the region of Kirkuk and the I heard the gentlewoman from Flor- come with partisan opposition to some area that is Kurdistan. Tell that to the ida say there were only a handful of of those things that were, before this, swamp Arabs in the south; those that things when she was in the State legis- bipartisan. have lost perhaps 75 percent or more of lature in Florida that she disagreed But when it comes to a time of war, their population because of the attacks with, and that the two parties dis- when it comes to a time that our of Saddam Hussein. agreed with, and the rest of that they United States military is deployed Try and carry on this argument as came together and found common overseas and their lives are on the line the trial of Saddam Hussein goes on ground. Well, I am wondering if that 24/7, and have been ever since March of and this 140 or so people that he alleg- was the case. 2003; at a time when the destiny of the edly murdered in the one small city be- I have served in the State legislature world hangs in the balance; at a time cause of the assassination attempt on myself, Mr. Speaker, and I did not find when the presence of the United States him. When that becomes the larger,

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Perhaps it story on this part. and we talked about the upcoming has gone to Syria. But I would contend if that were the trial. They could not be specific about We know before the Desert Storm op- case, if there had been warehouses of it, in order to protect the integrity of erations in 1991, Saddam Hussein took weapons of mass destruction there, the system, but I did understand and his fighter jets and flew those to Iran. then these people who are continually learn in that room that the charges of I remember the flight pattern that pulling down our national spirit every killing 180,000 people that are charged showed those jets going up and landing. night with this massive, relentless against the person whom we know, or I have never gotten a report that they pounding of pessimism, and they need are familiar with his moniker as Chem- ever came back. It may be that the to get away from the ‘‘p’’ words over ical Ali, that he protested and said, ayatollahs in Iran kept them and there and get to the optimistic words, that is not true, I did not kill more maybe thought this is a nice way for us they would have moved the bar. They than 100,000 people. It was not 180,000 to get even for the war we had in the would have raised the bar and said people. So how do you kill 180,000, or 1980s. He has a modus operandi of spir- maybe there were weapons of mass de- even 100,000 people, which is apparently iting things out of the country when struction, but. And I do not know their the confession of Chemical Ali, how do conflict is imminent. argument. I cannot think like they do; you do that without weapons of mass So if he would fly the MiGs out of and I am grateful I cannot. But they destruction? Iraq into Iran, why would people not would have raised the bar. How do you convince someone who presume that he would haul weapons of Mr. Speaker, I submit this: if we ever lost their family in a gas attack in mass destruction out of Iraq into per- get them now to set the standard on Halabja that Saddam Hussein did not haps Syria, or why would they think how to define a victory in Afghanistan have any weapons of mass destruction? that he would not bury those weapons and Iraq, if we could compel them to I met a young lady that was raised up of mass destruction when, in fact, we set a standard, then you would see that there near Kirkuk, in an area I will discovered a fully operational MiG–29 it would be such a high bar that they call Kurkistan, about an hour from buried in the desert, not because of any would know it could never be achieved. Kirkuk. She has a friend who survived intelligence report, not because of They would always find a way to define that gas attack in Halabja. He was able some detector, not because David Kay themselves away from that high bar to get on a tractor and maybe went was over there scouring that country- because they will never admit that the upwind and got away from it somehow side for weapons. No, we found that President of the United States made a and survived. A random act, I am sure, fully operational MiG–29 because the decision that could result in something that kept him alive, and he probably wind blew the sand off the tail fin. that would be a fantastic result, a wonders why he survived and not his They buried it in the desert. noble thing for this country to do, and family. His family was all wiped out in So he has an MO of bearing weapons an ultimate result that freed 50 million this. and spiriting them out of the country people and has every prospect of free- I would submit that you could take when times get tough. Why would we ing hundreds of millions more through- that individual or any other survivors presume that he did not do one or the out the Arab world, which is the only that are there, and if they could come other or both? We know everything has formula for ever getting to a victory on down on this floor and listen to this, I to be someplace. You cannot prove a this war on terror. think they would plug their ears. They negative. No one can honestly say with No, they say we are in this war on would plug their ears because they a rational mind that there were no terror and they will keep attacking us would not know how to react to this re- weapons of mass destruction, because until we get out of the Middle East. We lentless drumbeat of ‘‘there were no we know he used them at least 11 were not in the Middle East when we weapons of mass destruction.’’ times. There are survivors from those Well, what caused all those deaths? were attacked on September 11. attacks. The only way a rational per- A couple other principles, Mr. Speak- Why is Saddam Hussein on trial? Why son could contend there were not weap- er. Since there was not a warehouse are there 180,000 people that have died ons of mass destruction would be to be- full of weapons of mass destruction and that are part of these court records lieve that Saddam Hussein used his that we have yet identified, and they and which will be part of this prosecu- last canister of gas on the Kurds and make the allegation that they did not tion as it unfolds? simply depleted his inventory and he exist and do not seem to be quite up to b 1800 decided not to rebuild it, but he de- that 8th grade level of ‘‘you cannot Why does Chemical Ali say ‘‘I did not cided to keep a system in place so he prove a negative,’’ since that seems to kill any more than 100,000. I was not so could reestablish that inventory any be the standard, what is wrong with bad.’’ That is his defense? time he chose. liberating 50 million people, 25 million There are more deaths than that. He kept the system in place for both in Afghanistan and 25 million in Iraq? There are hundreds of thousands of chemical and biological weapons. We That is a noble thing. Is that not some- deaths, and some of the Members of know that. That is all in the David Kay thing that the United States has done Congress have been to the mass graves. record and the Duelfer Report. It is the throughout history? I have not seen those mass graves. I same report that came to this Congress Do they not know that the Civil War have been to Iraq a number of times, that is being quoted by the other peo- was fought to save the Union? Do they but I have not seen the graves. But I ple that says it proved that they had not know that Abraham Lincoln’s ef- have seen the pictures, seen the film, no weapons of mass destruction. There fort was to keep this Union intact? Do and I have read the reports and I have was no proof that there were no weap- we not call it the war to free the talked to the people that have been ons of mass destruction. What there slaves? Did we not liberate every black there. I cannot be convinced that any- was not was a great big warehouse full American, and it took a while to get it one can kill that many people without of weapons of mass destruction. In fact, right, and we are still working on get- weapons of mass destruction. Hitler we found some canisters of nerve gas ting some of those pieces right. Do we could not. Neither could Saddam Hus- and we found munitions designed for call it the war to free the Union? No we sein. gas, small quantities, not great ware- call it the war to free the slaves. That So this drumbeat of no WMD, no houses. Out of the million tons of mu- was the result of the war. It was a WMD. Well, the King law of physics is nitions that we found in Iraq, some of noble thing.

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I would not trade any- make a few comments regarding our stood on this House floor and men- thing for being there on election day. situation in Iraq. tioned two people in my district, one a Mr. KING of Iowa. Mr. Speaker, I ap- You and numerous other Members of marine and one a soldier, who gave preciate that narrative. I wanted to be this body have been to Iraq to see first- their lives for this country in Iraq, there that day. I was not able to set hand exactly the situation, see the fin- gave their lives for the Iraqi people, the trip up to make it work; but I rec- est military that has ever existed from and gave their lives for freedom. Both ognize, as you clearly did and Mr. any country; and I met with those of them and their families have reiter- SHAYS clearly did, that was the best young men and women and all ated to me personally how they be- place in the world to be on that day. branches of the service, and to a person lieved in what they were doing because Mr. POE. No question about it. It was they were proud not only to be Ameri- they were doing the right thing. a very moving experience. cans but they were proud to serve in I appreciate the chance to make Mr. KING of Iowa. I remember watch- Iraq to free the Iraqi people from the these comments. It is important that ing the pictures as they unfolded on tyranny that they have had for years, the American people focus, finish the television and the Iraqis coming out of numerous years. job, win the war, and bring the troops their polling booths with their purple I think it is important that we re- home as soon as we can, but not until fingers in the air, proud that they had member our own history and how it is freedom is established. made a mark for freedom and defiant necessary to be eternally vigilant be- Mr. KING of Iowa. Mr. Speaker, I about the threat to their lives that was cause of the issue and concept of lib- thank the gentleman from Texas. I was supposed to keep them away from the erty. Our own American Revolution not aware that you were actually on polls. took at least 7 years before this coun- the ground in Iraq during the elections As I recall that day, 50 people were try became a free and independent Na- in January. What was it like to be in- murdered, 108 polling places were at- tion. Back then there were the country at that time? tacked. And I believe on the October 15 naysayers and the quitters and the cut- Mr. POE. We started out in Fallujah elections, we were down to about 19 and-run folks who wanted to give up that day. I was there with Mr. SHAYS. polling places were attacked. I do not and surrender and not fight for that When the sun came up, we were won- know how many casualties there were. liberty. dering whether people would come to It is far safer for the ratification of the It is good our history reflects those the polls. The whole nation was shut Constitution on October 15 than it was people were not listened to by the vast down to vehicular traffic. The only ve- in January when you were there. majority of those people who lived in hicles on the roads were Iraqi security On top of that, you did not go to the colonies and gained freedom and an forces and our military. Nobody else Baghdad or on up to Kirkuk or down to independent Nation as well. could be driving, so everybody had to Basr or some place where it might have In many wars since then, the same walk to the polls that day, sometimes been more stable. You went to was true. Including back during World up to 2 hours. Fallujah. What a place to be to see that War II that we mentioned yesterday on After the sun came up, people started happen. I know that is a memory you this House floor that all started with going to the polls. They walked. Not will never forget. another terrorist attack against this only did they walk, they took their 1815 country, and the war was not going families and their in-laws. They stood b well for the United States at the begin- in line to vote. They voted. It was a I appreciate the gentleman’s con- ning of World War II. Both the Japa- very simple process. To mark the bal- tribution down here night after night, nese and the Germans had the upper lot, they put their finger in that ink the things the gentleman stood for, the hand. It is good that our history does that stayed on their finger for about 5 things I stand for, and I sometimes not reflect that that greatest genera- days. It was a mark. It was a sign not wonder, if I have to check my con- tion got tired of the war, quit and left just that they voted, but it was a sign science, I will go down to Texas and that engagement but finished the job, to the terrorists that if we see anybody check with you. finished the job for freedom as well. with those purple fingers we are going I have a number of thoughts to roll The country has a plan. I think the to do harm to you. Yet the Iraqis when out here. But I think before I go on plan is very simple. We are going to they finished voting, many of them, es- into those thoughts, I have an oppor- win the war, finish the job, and bring pecially women who had never had the tunity, I see the gentleman from Ari- our troops home as soon as liberty is right to vote in their history, walked zona (Mr. FRANKS) here, my good established in that democracy, that de- defiantly down the street holding up friend, another individual that if I need mocracy that many people said would their hand and finger to show the to check my conscience, I know where never exist, that does exist. world, especially the terrorists, that to go down to Arizona and check with I was proud to be one of two Members they were not going to be intimidated that. But also the gentleman’s vision of this body on January 30, 2005, when because freedom is that important. and his commitment to this country Iraq started that democracy with that So we traveled all over the country and this Constitution, he is a fine col- parliament that occurred. People voted that day. Late that night we visited league that sits with me on the Con- that day, and of course there are those with the interim president of Iraq. And stitution Subcommittee of Judiciary, who said they will never vote; they do he said to us about midnight in a very where we stand up for those not understand democracy. They will somber, emotional way, but serious, foundational values together. never come out and vote. And yet they that this day in Iraq would never have Mr. Speaker, I would be pleased to did, even though there were over 50 taken place if it were not for the Amer- yield such time as he may consume to Iraqis murdered because they chose to ican youth who were there. He was se- the gentleman from Arizona (Mr. vote. Over 400 were wounded because rious. He and the Iraqi people are FRANKS). they chose to vote, and they did it any- grateful for this concept of freedom. Mr. FRANKS of Arizona. I thank the way because freedom is that impor- That is what the United States does. gentleman from Iowa (Mr. KING). I have tant. We did that in World War II. We set up to say that probably there is no way to But it all occurred because we are those democracies in Germany and explain what a precious honor it is in there. Our troops are there. Our young Japan. People said that would never my life to be able to stand on this floor

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with people like Mr. POE, and Mr. KING some suicide bomber or some car bomb super human effort all targeted to save and the gentleman that stands on the attack in Iraq. And we have witnessed the union. And part of freeing the Speaker podium tonight, Mr. the horrific bombings in Spain and slaves, yes, it was something that was MCHENRY. These are people that I be- London and Indonesia and Jordan and in his heart. lieve are Valley Forge Americans, and Israel. And just today, Mr. Speaker, in He conceded that Dred Scott was ac- we are all very fortunate in this coun- Bangladesh. We simply cannot deny tually a constitutional decision, but we try to see them in this place. that we are fighting a war against en- needed to amend the constitution to Mr. Speaker, our brave men and emies with an evil ideology that is bent eliminate slavery. Lincoln had so much women in uniform have always fought on the destruction of the western respect for the constitution that he desperately to preserve those world. They are committed to killing made that point. But he had so much unalienable rights of life, liberty and us and any others they hold to be respect for the binding nature of our the pursuit of happiness that is en- infidels. Mr. Speaker, we truly are at Constitution that it was an irrevocable dowed by the Creator himself. And that war, and to undermine the sacrifice agreement between the States, that he is exactly what they are doing right and blood-bought advancements of our was willing to stay at war and the cost now in Iraq, and we should all be deep- valiant American soldiers who are, at in that civil war was over 600,000 Amer- ly grateful for that, Mr. Speaker. this very moment, fighting terrorists ican lives, over 600,000 American lives One of the things that I am des- in Iraq is unconscionable, Mr. Speaker. at a time when our population was per- perately worried about is whether the A Nation divided against itself can- haps a third of what it is today or less. people in this body and in this republic not stand. Those of us in this body, So that was the greatest loss of hu- itself truly understand what we are along with all Americans, must unite manity ever in a conflict in this coun- facing, not only as a Nation, but as a against this evil. We must win this war try, and yet, he stuck to the central western civilization. The question we in Iraq. We must give our troops our purpose, save the union, save the must ask ourselves is not whether we unequivocal support, and we must give union, save the union. In 1863, the sub- can win this war, we must win this them everything else in our power to ject came up on whether to sign the war. The question now is what will finish this job. Our troops have never Emancipation Proclamation. A great happen if we do not. failed us, and Mr. Speaker, we, in this and powerful leader and one of the Mr. Speaker, I am so concerned that body must not fail them. If freedom is most profound stories of leadership this Nation does not really understand to survive, to allow Islamist terrorists that I have ever read throughout his- that we are at war with an ideology, an to declare victory in Iraq is not an op- tory comes back to the question, as he ideology that threatens the existence tion. We must win and we cannot win if sat down with his cabinet, and there of the free world. This war did not we leave before this job is done, be- was the Emancipation Proclamation to begin on 9/11. This war began many cause if we leave too soon, Mr. Speak- free the slaves, and he asked his cabi- years ago when certain Muslim extrem- er, we will not be able to just go on net, gentlemen, what say you? And ists embraced a divergent Islamist about our daily lives as we once did be- they started on his left and it went dogma that dictates that all infidels cause the world truly has changed, and around the table at the cabinet table must die. Our Nation was first at- those without conscience are relent- and the first member of his cabinet tacked during its very beginnings in lessly seeking to destroy us. And we said Mr. President, I advise you do not the late 1700s by the Barbary terrorists must not let them have even the sign it, and here are the reasons why. of the day. And more recently, we were slightest hope of victory, not ever, Mr. And the second and the third and the attacked in 1979 in Iran. Our embassy Speaker. God bless America. fourth and so on until it got around to and our marine barracks were attacked Mr. KING of Iowa. I appreciate the the last member of the cabinet. And in Beirut in 1983. The first World Trade gentleman’s contribution to this de- each member of the cabinet said, Mr. Center attack was in 1993, Mr. Speaker, bate. And you have really, you set the President, do not sign the Emanci- and we still did not wake up to what tone, I think, that I am going to need pation Proclamation. Some of the rea- was happening. Our military complexes to have to carry out the balance of this sons were we are at this to save the and soldiers have been targeted time that we have here. union. Some other, well do not confuse throughout the world. The Khobar I think too about parts of history and the issue. Some of them were political Towers in Saudi Arabia in 1996. Our how far back we go and how our mili- reasons of the time that I do not have embassies were blown up in Tanzania tary set such a tradition for so many a feel for today. But as President Lin- and Kenya in 1998. We witnessed the at- years. And as I stepped away from this coln, in his singular motivation to save tack on the USS Cole in 2000. microphone the last time, I had taken that union, listened to their rec- And Mr. Speaker, just 1 year later, us to this point, I think I made the ommendation, do not sign the Emanci- on September 11, terrorists murdered point that it cannot be stated that pation Proclamation, he said, well, 3,000 American civilians on our own there were no weapons of mass destruc- gentlemen, the ayes have it. And he soil. And I wonder, have we actually tion and be rational about it, because stepped forward with great courage and forgotten that? Since then our soldiers you cannot prove a negative. And we leadership and he signed the Emanci- and contractors have been kidnapped know that they existed. pation Proclamation. He did not really and executed, their bodies mutilated So setting that argument aside, I will free anybody south of the Mason Dixon and dragged through the streets. And just say when it comes out, it is bogus, line because we did not have jurisdic- we are not alone, Mr. Speaker. This is they will pound on it until they get tion down there at the time. We were taking place throughout the world. In embarrassed and embarrass them- at war with the South. Serbia and Bosnia, soldiers, POWs and selves. So we will hear it more. We will It didn’t really free anybody north of civilians were beheaded by Mujahadin. hear it every night down here. But one the Mason Dixon line because the peo- In Beslan, Russia, 186 children and 158 of the things that I can move along to, ple north of the line were free. But teachers and parents were slaughtered maybe expand this discussion a little what it did is it set up an image and a in a terrorist attack against a grade bit is to go back then to that point goal and a dream and it mobilized some school. And just a few weeks ago, Mr. that I was making earlier, that point people that had been mobilizes for a Speaker, in Indonesia, three young about why we went to war in the civil long time to abolish slavery, and it be- girls on their way to school were at- war and what the objective of that war came historically, looking back on tacked and beheaded by Muslim ex- was. that, now we are taught we fought the tremists. Their names were Theresa, Now, the objective was to save the civil war to free the slaves. So how can Ida and Alfreda. Churches are being at- union. And anything that you read it be that here we are today, when a tacked. Pastors have been kidnapped, about Lincoln in his earlier debates civil war began to save the union, it tortured and beheaded, and it seems and his efforts and his decisions that ended to save the union, but history in- there is not a day that goes by without he made along that process, it was a terpreted it to mean that it was about

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They can get today, their culture, their economy, States decide that we did not free peo- a job about wherever they want to be- their prosperity. The size of their econ- ple? When did we decide that liberation cause they have the language skills omy compared with the rest of the of humanity was not a worthy cause? that are universal. They send their countries’ in the world is fantastic con- When did we decide that going to war, money back to the Philippines. A re- sidering the population and the limita- if it had multiple reasons, if one of sult of a detonation of an explosion in tions that they have geographically those reasons did not meet your stand- the hull of the USS Maine in Havana living on that island. They are well off ard over here on the other side of the Harbor in 1898 where it sits at the bot- today as a country, and a big part of aisle, then all the rest of it is illegit- tom of that harbor yet today. The re- that has been the result of the recon- imate. sult are free people in the Philippines. struction afterwards and the liberation There were plenty of reasons and When did the United States give up on that came to them. They were living whole constellations of reasons to go liberating a people? When did we give under an imperialistic Japan. into Iraq and, in fact, there really was up on our culture and our way of life So this idea that the American peo- not a choice. If you sit down and ana- and projecting that way of life ple do not liberate anyone, that free- lyze the circumstances at the time, throughout the world? When did we dom is not a goal of a war is just sim- there really was not a choice. Saddam give up on our legacy of western civili- ply false throughout history. And there are other examples Hussein did not give President Bush a zation? Whose idea is that, to cut and throughout history, and I am won- choice. And I think, well, I do not run because what? dering if the gentleman from Arizona know what Saddam was actually The reasons that you think maybe might have one to add to that. I no- thinking. But if we went to the war to were what justified it do not quite up- save the union in the Civil War and it ticed the look in his eye. hold the way you would analyze that I am happy to yield to the gentleman became to free the slaves, and by the today. What kind of idea is that? What from Arizona. way, in about 1898, when the USS were the circumstances when we were Mr. FRANKS of Arizona. Mr. Speak- Maine was sunk in Havana Harbor, it is attacked by Pearl Harbor? And by the er, I thank the gentleman from Iowa still at the bottom of that harbor, by way, September 11, 2001, I remember (Mr. KING) for yielding to me. the way, and the mast and the anchor where I was, I was on the road on my I have to say to the gentleman I am are out here at Arlington Cemetery. way up to a county fair. My wife called just sitting here cheering him on be- But the Maine is at the bottom of the me on the phone and said turn on the cause I think he is dead on target here. harbor. radio, there has been a plane that Always throughout history, our his- And we went to war against the crashed into one of the Twin Towers. I tory, we have held to the notion in our Spaniards because, and history can re- turned on the radio and a few minutes Declaration of Independence that all analyze this, we believed that we were later a second plane crashed into the men are created equal, that there is attacked by the Spaniards and the ship Twin Towers. And the individual that something intrinsically valuable about was scuttled in a hostile act and that was riding with me was a World War II people and, therefore, their freedom triggered the Spanish American War. veteran and the first words out of his was worth protecting and defending. Sure, there was tensions that brought mouth were Pearl Harbor. I will never And I think that when he has pointed that about and you can argue about the forget that tone in his voice. The sec- out that we faced this battle between details. Some will say that the USS ond plane into the Twin Towers made freedom and despotism for a long time, Maine really was not sunk by a hostile it clear it was not an aerial accident. It it is such a foundational issue. attack. Some will say it was an explo- was a planned, stealth attack against And I am not sure that we all under- sion in the magazine that sunk it to civilians in the United States of Amer- stand how the war has changed a little the bottom of Havana harbor. Some ica, the worst attack ever on our soil, bit. The basic foundation is the same, will say it was a pretext for war. We and it was not against a military in- but the war has changed a little bit went to war just the same and defeated stallation. It was against civilians. with terrorism. When we were fighting the Spanish in the Spanish American Pearl Harbor. Pearl Harbor happened in World War II, when the war was War that began in 1898. And I will tell December 7, 1941. It was the anniver- over, we had the Cold War, and in a you that one of the things we did as a sary just a couple of days ago, Mr. sense we based our safety upon the san- result of that war, we went to the Phil- Speaker. ity of our enemy. We had this thing ippines. Now, was that consistent with called ‘‘mutually assured destruction.’’ b 1830 the reason for the war in the first We had an enemy that cared about place? We went to war. We declared uncon- their own people, that did not want Was there something about sinking ditional war against our enemies, and a them to perish. So there was a peace in the Maine down there in Havana Har- few days later, Hitler declared war on a sense because there was a concern bor that would cause us to send the us from Europe. Now we were involved about innocent human beings. Marines to the Philippines? Well, you in a two-front war. What was the objec- The kind of war that we face now is can argue that either way too, but I tive of our declaring war on the Japa- a war with terrorists who do not seem can tell you that I listened to a speech nese in the first place? Unconditional to have any sort of concern for inno- by President Arroyo of the Philippines war, that it would be total and uncon- cent human life, and that makes them a couple of 3 years ago here in Wash- ditional surrender of the Japanese. very dangerous. When they stand there ington, D.C. at a hotel. She said thank Then we found ourselves in Europe, and cut someone’s head off, screaming you America. Thank you for sending fighting a two-front war, which the before the world, I think that we need the Marine Corps to the Philippines in Germans had found was not very suc- to understand we are up against a 1898. Thank you for liberating us. cessful, but for the United States it has mindset that is either going to grow Thank you for bringing us freedom. been. We put troops on the east, we put within the world or it is going to be Thank you for teaching us your free troops in the west and in the South Pa- crushed out of the world because if we enterprise, your way of life, your rule cific. And we were successful on both let that thing get away from us, it of law. Thank you for sending the mis- fronts of that war. Was there a clamor could literally change everything. sionaries over here that made us a in this country at the time to say we And I think that is why it comes Christian Nation. Thank you for send- were attacked at Pearl Harbor; what back down to this thing called Iraq. I

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27864 CONGRESSIONAL RECORD—HOUSE December 8, 2005 am not sure that we all understand number of years, and I put that to- gether, Sadr City, Baghdad, in a region that in the mindset of the terrorists gether and I boiled it down into a fig- south of Baghdad. And his militia at- that Iraq is sort of the frontline. It is ure that I could at least commit to tacked coalition troops, American a symbolic battle. And if we somehow memory so that I could put it into pro- troops. His militia did not fair very fail in Iraq, we, I believe, will activate portion and talk about it in a way that well, and it took some really severe, this ideology within the terrorist world made sense. and he has decided a few times that he that will cause them to be able to re- The number that they gave me kind of likes getting involved in poli- cruit more and essentially begin to ger- worked out to be an average of 505 tics as opposed to being a general of a minate throughout the planet. And I American lives lost every year during militia because it is far less hazardous am not sure that the country, or really peaceable activities in uniform, deaths to be in politics there in Iraq. But I the world, understands just how serious as a price to be ready to go into com- was sitting in Kuwait City on one of a challenge that we really face. bat. Five hundred and five Americans a my trips over there at night, waiting And so I think that the gentleman is year. Now, that is the average that to go into Iraq early the next morning. right on to point out that there has al- takes place during the 1990s up until I turned the television on to al-Jazeera ways been this battle for freedom the year 2001. The average prior to TV. I always, when I am in a foreign throughout history, and if we stop now, that, during the Cold War, I do not country, want to know what is going as our Forefathers fought for freedom know that number, and their records on; so I turn on the local channel. for us so that we can stand on this were not very available. But I would Al-Jazeera is the local channel for floor in freedom, if we do not build our suspect it would be greater, not less be- the Arab world. And there in Arabic step in the stairway of freedom for our cause we have more safety, not less, out of his mouth came, with English future generations, then we really fail and we had more people in uniform, not subtitles, what I will never forget. And the cause that we have called to action less. But I took that number and just this is the date that I was sitting in tonight and always on this floor. said 500 a year, and as the gentleman that hotel room, June 11, 2004, al- And, again, I just think that the from Arizona (Mr. FRANKS) was talk- Jazeera: ‘‘If we keep attacking Ameri- President has understood that. I think ing, I multiplied it across the 45 years cans, they will leave Iraq the same way he understands that in order to fight of the Cold War. And the number I they left Vietnam, the same way they terrorism that we have to be on the of- came up with was 22,500 American left Lebanon, the same way they left fensive, that we cannot let this ide- lives. That gives us a sense of the mag- Mogadishu.’’ ology that if a knife that cuts some- nitude of the price of winning the Cold Where does Muqtada al-Sadr get an one’s head off could become a nuclear War, not to add the treasure. That is idea like that? What encourages him to weapon, how much it would change our the blood. That is the sacrifice. There continue the insurgency and the at- concept of freedom forever. And we is a price to be ready. tacks on Americans and the recruit- There is another whole price out here have to win in Iraq. We have to see ment of his people and his militia? that is paid for our freedom that is that beachhead of freedom established What encourages him to raise the never acknowledged by the pessimists in the Middle East. It could germinate money and build the bombs and do the on the other side of the aisle, and that and see the whole of humanity turn in things that they have done? And this is is that price to be ready. And it is a better direction if we continue to do not the worst enemy we have over measured in this victory in the Cold our job here. War, 22,500 lives perhaps. A quick there, by the way. He is not the biggest Mr. KING of Iowa. Mr. Speaker, I scratch here on the paper is all that demon that we have. But it was just thank the gentleman for his comments. supports that statement and some good the circumstance that I heard this He did bring up another war that I information to support it. But with from the television screen while I was did not include in this when he men- that number of lives, hundreds of mil- in Kuwait. Where does he get his moti- tioned the Cold War. The Cold War lions of people were liberated in the vation? Why does he think this is true? went on for perhaps 45 years, beginning aftermath of the Cold War. When the Well, there is the legacy of Vietnam. shortly after World War II and ending, Iron Curtain descended down across And these people over here every night I am going to say, November 9, 1989, Europe and those people lived for 45 that are dragging down our administra- when the wall went down in Berlin. years behind the Iron Curtain in a kind tion and undermining our military are And it took about 2, 21⁄2 years for free- of a world where we were in full techni- the political descendants of the ones dom to echo all the way across Eastern color and they were living in black and that dragged down our devotion to our Europe. But the liberation that took white, it gives us a sense of how bad it military and our support for them dur- place at the culmination at the Cold was where they did not have free enter- ing the Vietnam era. In the aftermath War, and it was a glorious victory. We prise, did not have opportunity, did not of Vietnam when Congress voted to say a bloodless victory, and I have have freedom. And today they do. shut off all funding for all military ef- stood on this floor and called it a And, by the way, the most recent forts in all of South Vietnam and bloodless victory. But it was not with- people who have achieved freedom are ground every airplane that was flying out price. The mutually assured de- the ones that cherish it the most. They air cover over the South Vietnamese, struction, the millions of men and are the ones that are the most eager to and a few months later, we saw the women that needed to be mobilized, the be part of our coalition forces in Iraq North Vietnamese army sweep through capital that had to be poured into the to defend the freedom of the Iraqi peo- there, and we were lifting people off research and development to be ahead ple. the U.S. Embassy in Saigon. of the Soviet Union it came to the So this price for freedom has been Why? Not because the South Viet- arms race, and not just the price in great, but the value has been aston- namese would not fight any longer but treasure but the price in blood as well. ishing. The pessimism on the other side because the will and the commitment There is a price in blood as a price to of the aisle has been stupendous. And I to support them disappeared over here, be ready, Mr. Speaker, and we do not have brought some posters along to and the rug was jerked out from under- often talk about it. I asked the Pen- talk about what happens when we send neath not just our military but under- tagon to put some numbers together a pessimistic message from this Con- neath the military of South Vietnam. for me so I had a sense of that. I want- gress; from the leaders of this country; And in the aftermath, they say they ed to know how many of our soldiers in from the people who are viewed, at saved lives. We know 3 million people uniform die in the line of duty not at least on the other side of the ocean, as died in that part of the world in the the cause of combat but perhaps at the the quasi-leaders of the United States aftermath of not keeping our commit- cause of an accident, a training acci- of America. And I will start with ment with the South Vietnamese mili- dent, for example, an on-duty accident, Muqtada al-Sadr. tary. an in uniform on-duty accident. And I This individual here, Mr. Speaker, That message resounds today and had them look back through a whole decided to put his own militia to- echoes throughout the Middle East,

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27865 echoes throughout al Qaeda. ‘‘The hear that relentless message every sin- ple on the other side of the aisle. What Americans will leave Iraq the same gle day coming out of this Congress, would our confidence be if it were 3,000 way they left Vietnam, Lebanon, coming out through the media? In fact, of ours lost every month instead of the Mogadishu.’’ Is that hard to figure out, I would suspect that Saddam Hussein numbers that we are facing today? then? They watch American TV too. I probably has a higher opinion of the So what happens? This man stands up imagine they turn on C–SPAN and United States of America than some of and says the idea that we are going to watch this every night and cheer and our mainstream media do, listening to win is just plain wrong. Well, if you are pop their popcorn and they have a good some of them out there. all beaten down after your 3,000th cas- time seeing that their argument is b 1845 being supported on the floor of this ualty for the month, and if you are Congress every night for 1 or 2 hours. The pessimistic message that gets looking for some optimism, here is the They build more bombs, not less, Mr. pounded out of here, that gets run place to go. There are plenty of voices Speaker. That puts American soldiers’ through the mainstream media, that is over here that bring this optimism for lives at risk. Bombs cost American sol- supported by some people from the the other side. diers lives. That is on the conscience of other body, that is supported by other They keep mentioning the Vietnam the people that are leading this coun- leaders, quasi-leaders in this country, War. That is the only war that the lib- try in that wrong direction. gets through to people like Zawahari, erals ever won; they just won it for the Now, on the chance that one might Zarqawi, Muqtada Al-Sadr, Osama bin wrong side, Mr. Speaker, and are try- think that this is a coincidence that Laden. If you doubt that, Mr. Speaker, ing to win another one. They have got Muqtada al-Sadr just picked up this if any one doubts that, I have another so much invested in failure in Iraq, Vietnam idea on his own, maybe he poster for you. they could not abide by that. read a comic book somewhere or There he is. The face and the voice of watched C–SPAN or watched the Con- the Democratic Party, the leader of the So I would ask this other side of the gress here and our Special Orders. Here left. One of the inspirational voices aisle, define victory. I will define it. We is a statement made by Zawahiri, that mobilizes the other party for pes- have had this sequence of it that took Osama bin Laden’s second in command. simism, negativism, and attacks. This place. We listened to the gentleman He is al Qaeda. He is a more dangerous individual whom we know pretty well, from Texas (Mr. POE) talk about being enemy than Muqtada al-Sadr. In Feb- Howard Dean, DNC chairman, spent a in Iraq during the elections, the first ruary of 2004, in a letter to al Qaeda, he lot of time in my home State of Iowa, free elections in January, with the pur- wrote: ‘‘The collapse of American about a year and a half in there. ple fingers in air, 81⁄2 million Iraqis power in Vietnam,’’ they ran and left. He was there most of the time going voted. It sent a message, did it not, to through the counties and the cities. I We went through sequence of libera- Zawahiri? We know it sent a message will grant him, he worked very hard tions, martial law, a Coalition Provi- to Osama bin Laden. It sent a message running for President. And this is the sional Authority under Paul Bremer to Muqtada al-Sadr. It sent a message picture that I think has been made fa- and handed over to a civilian govern- also to other leaders of al Qaeda. It mous by that mainstream news media ment until such time as they could set gave them hope. It gave them spirit. It that finally did turn on one of their up the elections, which they did in Jan- caused them to have more energy, own. I do not think he quite deserved uary, and they elected then a provi- the hit that he took over that. more courage, more will, more re- sional parliament, an interim tem- But that frustration from the sourcefulness to attack coalition porary parliament whose job it was to scream, his failure to win the caucuses troops and to attack Americans. Is write the Constitution. On October 15 in Iowa and his failure to win the nom- that a hard thing to figure out? then they ratified their Constitution. If that is a hard thing to figure out, ination on through that process did not Mr. Speaker, then I need to make this really come from the scream. The And 10 days later we had leaders of point very, very clear. In all of those scream was a result of, but the people this country that were speaking wars that Mr. FRANKS and I talked who met him in the coffee shops and against the effort and undermining about throughout this course of his- the living rooms understood the real their freedom. And now here we are tory, in the Civil War, in the Spanish- man here, the man here that says, just a few days from a real election in American War, in the Second World ‘‘The idea that we are going to win is Iraq that finally culminates this whole War, and the Cold War and other wars just plain wrong.’’ process and gives them a legitimate in between, what are the conditions by Do you not think these other people sovereignty in Iraq, one that will select which a war is over? Not because some- I put up here see this man as a leader a prime minister, gives them the abil- body over here passes a resolution and of the United States of America, the ity now to take this massive amount of says we are going to pick a date on voice of the Democratic Party, the al- oil wealth that they have, market when we are going to be deployed out, most-majority in the House of Rep- some oil contracts for development so the cut-and-run date. We cannot set a resentatives? Of course they do. And that they can start to get this cash- date for the end of a war if the war is they hear this message: the idea that flow coming back into Iraq, lift that not finished. Wars are over when the we are going to win is just plain wrong. country up. Now, if you had seen your troops losing party realizes and understands They are just dilapidated and depre- decimated like al Qaeda has, if you had that they have lost. That is how a war ciated from 35 years of neglect. We watched 3,000 of them disappear from gets over. You have got to convince the have given them a little shot in the your ability to utilize them in combat, enemy that they cannot win, and you arm, $18.5 billion. The number was in battle, 3,000 every month, those that do that through violence. wrong over here, by the way, last Yes, all history knows that. But are either killed or captured, and you night. It was not 87 billion that went in when it is a relentless pounding from do not see that in the mainstream news there to rebuild Iraq. It was 18.5. The the other side of the aisle and the media, that is a number that does not quasi-leaders of the United States of come out here anywhere that I can balance was for the military. But 18.5 1 America and they stand up here and find. But I can tell you that that is the billion of that, 12 ⁄2 the Army invested, say the war cannot be won, people like number that has been the average over and the balance of that was scattered Zawahiri, Muqtada al-Sadr, Saddam the last several months, 3,000 of the through some other entities. That was Hussein, Osama bin Laden, do they not enemy off the streets, killed and cap- like the down payment on your house hear that message? Is it not something tured. that gets them started. that encourages them? Do they not So that has got to be dispiriting to They will be certified December 15. think that the will of the American them. We are losing casualties. It hurts There is hope. There is freedom. We people is being broken because they us. It breaks the confidence of the peo- must stick it out.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27866 CONGRESSIONAL RECORD—HOUSE December 8, 2005 30-SOMETHING WORKING GROUP rity, we are definitely concerned about would have some believe or have Amer- The SPEAKER pro tempore (Mr. some of the issues that are facing So- icans believe and some Members be- MCHENRY). Under the Speaker’s an- cial Security. lieve here in this Congress that we are nounced policy of January 4, 2005, the But the majority side tried to ram it doing the right thing by the American gentleman from Florida (Mr. MEEK) is down the throats of the American peo- people by putting them further into recognized for 60 minutes. ple to privatize Social Security versus debt. Mr. MEEK of Florida. Mr. Speaker, it fixing Social Security in a way that it It is almost like the high-interest is an honor to appear before the House will be here for generations beyond the credit card that you receive in the again this evening. My colleague on 50 years that it is already set to pro- mail. I get them all the time. I mean, the other side and I, we are here almost vide the services at today’s levels to they mail credit cards to me. Sign every night. the recipients of Social Security, need right here. No problem. Interest free I just wanted to say the new govern- it be disability or retirement or sur- for the first 3 months. But in the fine ment, of course the election will take vivor benefits. print, I must say in this Congress on place December 15. They will not be In a bipartisan way, we can move in the majority side there is a lot of fine seated until March. I know that some- that direction. That is what the Amer- print. There is a $75 annual fee that times we are having to close and say ican people want. As it relates to mak- will be tacked onto the credit card things and we are under the clock. ing sure that we can keep U.S. jobs on even before you use it. Just by you They are going to be seated in March. U.S. soil, we can do that in a bipartisan signing it and mailing it back in, that Then we are going to have to wait to way. And I must say bipartisan, be- is $75. And then the interest rate goes up, if see how they feel about us, the United cause when the Democrats were in the you read the fine print, if you are late States of America, not having a plan as majority, we did do things in a bipar- on one payment. It goes up to a 24 per- it relates to being able to draw down tisan way. Right now we are under an cent interest rate, because you signed our troops, allow a NATO force to go environment, we are as partisan as we that contract. in. I just left there the week before. I can be, not because we have the control to make ourselves partisan, it is the Well, the American people went into met with General Dewey talking about the ballot box on a given Tuesday in a the NATO force that is going to come fact that we cannot have input in mak- ing sure here in this House on the given community to vote for represen- in after hopefully we start to draw tation, not for individuals to exploit down our troops. Democratic side, we are not allowed to have the kind of input, because the ma- the fact that they are here to represent So we have to allow that process to them and turn their head when pro- jority believes so shall it be written, so take place. But I do appreciate some of posals are put forth that can help save shall it be done. information you shared tonight with the American taxpayer money in the Members of the House. Thank you for Just watch what we do. If you ques- tion us, we will insult you, or we would short and long run. your service here. And so we are going to talk a little say, oh, well, you do not quite know Mr. Speaker, I cannot help but tell bit tonight about what we call here in what is going on. Oh, you just want to you that the 30-Something Working Washington, D.C., the Potomac two- derail our plan. Why do we not have a Group, we continue to work hard, not step. We are going to talk about what only working hard on behalf of the peo- unified plan for America? And that is some people call in parts of the coun- ple that we represent in our given dis- what Americans are calling for. try ‘‘hoodwink.’’ tricts throughout the country, but also I want to talk a little bit about the So we want to make sure that people representing the entire population of budget, talk about the responsibility understand what is going on here with the United States of America. that we must have as we start moving third-party validators, not just fiction, As you know, and I have mentioned forward. We want this country to not just what they say, or not just night after night, this is truly the peo- strengthen, not only in security, but what some unidentified Member said ple’s House. You cannot be appointed also in unity, and make sure that we on the floor. We are going to make sure to the U.S. House of Representatives; protect the environment, and make that the Members know exactly what you have to run. If someone resigns or sure that we protect the homeland as it is going on, how it is going on, and leaves the House for some reason, a relates to homeland security, to make when it is going on. It is going on right special election is set by the Governor. sure for the very individuals that are now. If a Senator were to leave, as we see getting sand in their teeth now, be it I always say, Mr. Speaker, when the right now, the Senator of New Jersey Operation Enduring Freedom in Af- historians look at the 109th Congress, was elected Governor of that State, he ghanistan or Iraq, we have to make they are going to be looking at fiscal has to make the decision on who he sure that we run this country in a way irresponsibility. They are going to say, wants to fill that seat. That will be by that it should be run, so that not only how did this happen? How did we try to appointment. That individual will this generation but future generations nation-build in Iraq when we had lead- serve until that next election until can celebrate not only personal finance ers, be it the executive branch or Mem- that term is out. but also making sure that they are bers here in the Congress, say we are But not in the House. So that is the safe. not in the business of nation-building? reason why we are like on the The Republicans passed the $54 bil- Now we are in the business of nation- frontlines of providing the American lion cuts in the budget. I must say that building. people with the kind of leadership that it is quite crippling, Mr. Speaker. The We are in the business of nation- they deserve. Now, I want to talk a lit- Republican majority will add to the building in a foreign land. We do not tle bit about leadership and responsi- deficit some $8 trillion under what the want anyone else to be a part of it. We bility. I also want to compare, in a majority calls, Mr. Speaker, a deficit do not want folks to come in and be a way, because, Mr. Speaker, I hope and reduction. We passed a budget of $52 part of what we have to do to be able to I wish and my prayer is that there can billion today. We took action today to allow the Iraqi Government to move in be a paradigm shift here in the House increase the budget by $8 trillion. That a direction so they can be self-suffi- of Representatives, a paradigm shift in is according to the Department of cient. We must take the training a way that we can all work together in Treasury. wheels off the Iraqi Government. a bipartisan way on a number of issues. It is important to also let every Being a Member of the Armed Serv- I think the issues that we are facing American know that this number is ices Committee, I must add, Mr. now, there is a health care crisis in inching up. In the 108th Congress, it Speaker, it is important that we give this country, could be addressed in a was lower. The beginning of this Con- them some direction as it relates to se- bipartisan way. I think some of the gress, it was even lower. But now it is curity forces and as it relates to the re- issues that some Members of the House higher: $6,983.89 cents every American sponsibility of their very own govern- brought up as it relates to Social Secu- owes as it relates to the debt. You ment. And whatever internal conflicts

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27867 that may go on on that given plan, if and universities. Forty-one percent of finished with you, if you happen to be we may see it from the leadership, not college graduates have an average of a farmer, you are going to have big just talking about we are going to have $3,071 in credit card debt, and financial problems because we are around here complete victory without really look- barriers already prevent 4.4 million cutting the budget to do what? What ing at how you are going to bring about high school graduates from attending we did today: to give millionaires tax complete victory, but if we are going to college. breaks. That is the way this thing cir- continue to stay and spend the tax- Now, that is today’s statistics. By cles back around. payers’ money when U.S. cities are the time this budget passes, we will So let us just tell the whole story hurting, and when the American people find ourselves in deep trouble right here. Let us just not flick and pick and are hurting, then we really have to here again on this chart, Mr. Speaker. say we will talk about this because look at our checks and balances. I want to make sure that the Members that sounds good. Rural America, if see this because these are the facts. It you are a veteran, we have veterans b 1900 is not fiction. This is not something clinics, not hospitals, clinics that are That is the only thing I can share that was drawn up in the backroom and in rural America where they are only with the Members. All we can do is said, oh, we will just say that, we will open one day a week now. When this what we present here in the Congress. just say that they did this. This is ac- Republican majority is finished with We play under the rules of the majority tually what happened in the budget you, I do not know when it is going to side. But I believe the American peo- that passed this House, the Republican be, once every 2 weeks, once a month. ple, they do have a voice in this. budget. I mean, they are going to have to go in Now, I would feel a little uncomfort- Once again, a typical student grad- there and dust things off because they able talking about that, Mr. Speaker, if uates with $17,500 in debt. Over the last will not be able to operate it. I did not see poll after poll that the 5 years, tuition has gone up 57 percent I am going to get this next chart here American people disagree with what in public colleges and universities. Tui- as it relates to what the Republican the administration is saying, with tion has gone up 32 percent in private budget cuts, how it affects children. I what the White House is saying, with colleges and universities. Forty-one just want to take about 4 more min- what the majority of Republicans are percent of college grads average $3,071 utes here because I think it is impor- saying. So I can see if I was all by my- in credit card debt, and financial bar- tant. And I want the gentleman to get self in saying, folks do not necessarily riers already prevent 4.4 million high the chart that talks about the $87,000 feel that. I do not know what the school graduates from attending col- gift we gave to billionaires. I mean, Democrats are talking about. I do not lege. what the Republican majority gave to know what the 30-something Working Now, Mr. Speaker, what the Repub- billionaires today, and talk about what Group folks are talking about in Con- lican Congress has done to the Amer- the hardworking Americans, what they gress. No, we are talking about what ican people they have done with the have got, they got peanuts when people the American people are talking about, $14.3 billion in cuts in students aid pro- got folding dollars to put in their pock- and we are here to give them voice. grams, and then to turn around $7.8 bil- et. You cannot put $87,000 in your pock- Going back to this budget, $12 billion lion in new charges, that means that et. You just cannot do that. But what in Medicaid cuts over the next 5 years; this statistic is going to go up from 44 the everyday American got, they will $12 billion in Medicaid cuts over the to possibly over 50 percent. You want be lucky if they can even squeeze a din- next 5 years; $47.7 billion in Medicaid to talk about responsibility and who is ner out of it. over 10 years. The Democratic budget on your side and who is not? So let me talk a little bit more about that we wanted to bring to the floor, We also have to look at the fact of this. The budget as it affects children, we were not even allowed to bring to what happened in this Republican $4.9 billion in cuts from the child sup- the floor under the rules. We did have budget that affects rural America. I port enforcement programs, that is it in the committee, made no cuts to got a lot of cousins in the area called going to what, allow States attorneys Medicaid. Montezuma, Georgia, and they are and allow other agencies to go after I think it is important that people farmers. And they farm and they really deadbeat parents that walk out on realize what is happening. I am going look to their government for assistance their children and do not pay child sup- to share these cuts and then we will because we have given other countries port. We cut $4.9 billion, not million, talk about today’s action. You have subsidies so that they compete against not $4,900; 4.9, almost $5 billion from the Republican raid on student loan aid our farmers. A billion dollars in cuts, a child support enforcement. or student aid to help young people billion dollars in cuts in farm programs Now, I did not get one letter from a make it to college. $14.3 billion cuts in in the Republican budget, rural devel- sheriff that said we want that to hap- students aid programs. $14.3 billion. I opment research and energy programs, pen. I did not get one letter from a am just going to let that sink in. $14.3 cuts, $1.1 billion. Conservation pro- State’s attorney that says we really billion. And I think that is important grams cut by $760 million; $844 million appreciate the fact that you cut $4.9 for people to understand. $7.8 billion in reduction in the food stamp program. billion from child support; it is going new charges on student loans that stu- Also, when you look at rural Amer- to make our job harder. As a result, dents and parents borrow. That is $7.8 ica, I have to add in the over-$650 mil- parents will receive $7.1 billion less in billion, everyday Americans, Demo- lion that they instructed the Repub- child support over the next 5 years. I crats, Republicans, heartland, east lican majority budget, instructed the am going to say that again because coast, west coast, Northeast, South- Committee on Veterans’ Affairs to cut that is one of those things that must east, Northwest, east Texas. We are not out of their budget over the next 5 sink in with the American people. discriminating where you are from. years. And so I think it is important Democrat, Republican, Independent, The bottom line is that you will pay that people understand in rural Amer- Green Party, whatever you are, non- more in charges for student loans that ica, veterans, farmers, people that are voter, just everyday hardworking you borrow to educate your children living in the heartland. American. and educate yourselves. And the Demo- I was in Kentucky a couple of years As a result of the Republican budget cratic budget as it relates to student ago. Folks that are out there trying to that passed this floor with Republican aid, zero cuts, zero. I am going to let make themselves whole, educate their votes, not one Democrat vote for that that sink in. Zero. A typical student, children, you are getting a double budget that they passed, parents will an individual that graduates, is $17,500 whammy. Number one, we will take receive $7.1 billion less in child support in debt. Over the last 5 years, tuition the very programs that assist you in over the next 5 years and $21.3 billion has gone up 57 percent at public col- the little way the U.S. Department of less over the next 10 years; $577 million leges and universities. Tuition has Agriculture is able to assist you. But cut from child care. I am going to let gone up 32 percent at private colleges when this Republican majority gets that sink in.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27868 CONGRESSIONAL RECORD—HOUSE December 8, 2005 AARP, the very organization that from the Japanese Government, from It just does not make any sense, and represents seniors in this country, was the Saudi Arabians in order to pay for I think the American people, when opposed to this budget in the Medicaid this. We do not have money. We are not they start hearing this stuff, they intu- cuts. Here is the letter right here. This running a surplus right now. itively know something wrong is hap- is not on my stationery. It is on AARP Mr. MEEK of Florida. There is a war. pening. But I think when they hear the stationery. Editorial after editorial There is a war going on. facts of what is going on in their gov- talked about the fact that Americans Mr. RYAN of Ohio. This President ernment right now, this culture of cor- that are trying to struggle and they has been the first President in the his- ruption that is here is starting to make are trying to make it, I heard a lot of tory of our country to cut taxes for the its way back into their households. talk today about, well, you know, if wealthiest Americans in a time of war. Let me make one final comment the Democrats have their way, you will Where is the shared sacrifice? I mean, point. At the same time we are doing not even be able to buy gifts for your average people are struggling. I have a all this, the legislation that we are children. Oh, please. That is weaker district that has thousands of Delphi passing out of here is benefiting the in- than watered down tea or lemonade. I workers, General Motors workers. We terest groups that donate a lot of do not know if the Members ever had are hearing now that Ford is going to money to our friends on the other side, lemonade that is watered down. It does cut 30,000 jobs and close 10 plants in to the Republican majority, and this not taste good. As a matter of fact, it North America. These are the chal- body, this Congress and this White does not even look good. It looks like lenges that people in middle America House has been used as a sand box, as water. are facing, and the time and energy of a trough to where the cronies, the Mi- I think it is important that the this body is spent figuring out a way to chael Browns who are running FEMA American people understand the bot- reduce the tax burden. and the seven or eight top people at tom line is that people that make over So I tell you what, if you make over FEMA, this administrator who was half a million dollars are happy today. a million dollars and you are out in over in Iraq who had $87 million to ad- Corporations that have special interest America today, today has been a great minister in the war and took a couple contacts with the majority side and day for you. This Congress has treated of hundred thousand in kickbacks, who with the administration are happy you pretty well. You are going to have was convicted of fraud in the 1990s, today because once again they were a good holiday season probably for the they hired him anyway because he was able to bring about riches for them next couple of years because of what a crony of one of the administration of- while the American people get crumbs. has been happening. ficials. This is completely incom- Watered down tea. Watered down lem- petence and an inability to govern, and onade. b 1915 As it relates to prescription drugs, these tax cuts are out of control, and Our obligation here is to represent they are happening at the expense of still seniors will have an opportunity the public. Our obligation here, when to do great things for them. We still average people. we swear to the Constitution, is to do Again, today has been great day for have seniors. Guess what they were what is best for the entire country and the millionaires in the United States. getting? Watered down and cut-in-half to do this in a couple of different ways. Mr. MEEK of Florida. Mr. Speaker, I drugs that they cannot even afford the We are running a $323 billion deficit hate to break in when you have a full dose. I just would like to ask the projected for 2006, $323 billion that we stream of thoughts that are there, but gentleman if he would break down, I are going to have to borrow in order to I wanted to just share just one mo- mean, I talked about these cuts be- close the hole in the Nation’s budget. cause these cuts, I was told by the ma- ment, and I think it is important for us We are borrowing that money from the to realize, when you start talking jority side that they were to set the Chinese, the Japanese, the Saudi Ara- stage to decrease the budget, not in- about what is happening and how we bians and other countries. got to where we are, Mr. Speaker, once crease the budget. Oh, we have to make At the same time, because we are sure that we no longer deficit spend. again my famous chart we know we running those huge deficits, we are also have to put more on to it. And today we turn around, or the ma- giving tax cuts to the wealthiest people jority turns around, and do exactly Mr. RYAN of Ohio. There is more in the country. So, if you make over that. than that. $440,000, you are going to get on aver- Mr. RYAN of Ohio. The reason I Mr. MEEK of Florida. We have to put think it is important that we are down age $87,000, plus what we did today. So more into this and we have to do more here right now at 7:15 on a Thursday you are talking about closer to $100,000. with this. Matter of fact, I want to night when most Members have gone If you make between $34,000 and $54,000, make sure that staff get this on. It is home is because we are talking about that is what you get, $840. I think we factual. Matter of fact, it is from the the future of our country. This is to said today that the average person who department of the U.S. Treasury so run the deficit up another $30 billion in makes under $100,000, half of those peo- this is not fiction. This is third party order to give tax cuts primarily to ple will get $30 back. So, if you make validators. I am going to possibly get those millionaires. 45 percent of tax $100,000 a year, on average, half of this on my Web site if it is not already cuts that we passed today will go to those people will get $30 back today. on there, on my House Web site, to millionaires. Forty-five percent. That is not much of a middle class tax make sure the American people under- Now 45 percent of taxpayers are not cut as far as I am concerned. stand what is happening to them. millionaires, but they are going to get We are moving in the wrong direc- $1.05 trillion this President has bor- 45. So it is totally disproportionate to tion. At the same time that we are bor- rowed along with this Republican Con- the average income in the United rowing money from the Chinese, run- gress here in this House and over in the States of America. Here is what we ning these huge deficits, cutting taxes Senate. Forty-two Presidents before have been doing before today as far as for the wealthiest people in our coun- this President, $1.01 trillion, 224 years, the tax cuts go. And if you have made try, at the same time we are doing 1776 to 2000. I am going to say that $441,000 and up, you have got on aver- that, we are also cutting programs here again, year 1776 to the year 2000, $1.01 age $87,000 back. $87,000 back. And in the United States, the food stamp trillion borrowed from foreign Nations. today the average millionaire is going program, the college tuition program. From this government, one President, to get $32,000 more back. And that is so The Pell grant program is being cut. one Republican majority, $1.05 trillion. you are talking about a millionaire The child support enforcement pro- Oh, we know exactly what we are getting well over $100,000, $130,000 be- gram which will help fund local county doing on the majority side. They say, cause this is the average: $130,000 back commissioners and local county orga- oh, yes, the Democrats, they do not in tax cuts. nizations to go out and get deadbeat have any thoughts on balancing the You are talking about borrowing dads who are not paying their child budget and making our country more money from the Chinese Government, support, that is what we are cutting. sound financially; we have all the great

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It is because we have actually balanced the budget So when folks want to talk about the Republican majority gave it to and took it into surplus when we were being partisan, that is a party game. them on a silver platter. in control of this House, Mr. Speaker. That is a political game. That is not an The Republican majority is saying That is not fiction. That is fact. American game. What I am saying is we can go to war, we can Nation build So for folks that run around here and that the real issue here is the fact that, in a foreign land, we can also give tax talk about what could be, what we will yes, we come to the floor and point out cuts to billionaires and millionaires have if we do this and are using these the fact that we are working in a cul- and give the American people peanuts words, going out and taking polls and ture of corruption and cronyism and in a tax cut. The first time in the his- saying how can we John Wayne this incompetence. You know something, if tory of this country, there is a lot of thing with the one liner, let me tell somebody gets upset about that, any- record-breaking things that are going you something. The reality is here in body gets upset about that, that is a on here, and it is not all good. $1.05 America we are weakening a country, personal problem because it is going trillion, Mr. Speaker, in money that not a foreign country, weaken a coun- on. foreign Nations that we borrowed from try, not the special interests that come This is not the Kendrick Meek/Tim foreign Nations. That is making his- down here and from Shakedown Street Ryan Report. It is not the 30 Some- tory in the wrong way. like Mr. RYAN said, weaken a country. thing Report. This is reality. You pick I do not see anyone coming to the We are the ones carrying the voting up the paper. You watch the news. We floor on the majority side saying guess cards. We are the stewards of this gov- have got investigations going on over what we have done, $1.05 trillion, we ernment. We are the Americans that in the White House. We have got inves- have borrowed more than 42 Presidents were chosen out of many to come to tigations going on here in the Con- before this President and before this this House and represent the people of gress, and at an unprecedented rate, Republican House, we have done that. the United States, not represent spe- national security breaches. This is by We have done it. We have accomplished cial interests, not represent the billion- the majority that says trust us, we are that. No one is cheerleading about aires that are saying keep the tax cuts the folks that you can trust. So I think that. No one is willing to talk about going while I watch a war on CNN and it is important that we point that out. that. So, if we want to level with the MSNBC and WorldNews Tonight as en- Pointing that out, does that mean American people, let us tell them the tertainment, saying, oh, wow, another now we can cannot play in this democ- truth. Go on to the U.S. Treasury Web bomb. That is not what they sent us up racy with the ideas that we have, ideas site. here for. They sent us up here to lead. to be able to help this country become Mr. RYAN of Ohio. Some people say We have to make the tough decisions, even stronger? That is in the job. We what does that have to do with the 30 and I want to say this. come to Congress to strengthen the Somethings, are we not supposed to It is important that we take our job country, not to weaken a country fi- talk about the interests of college edu- seriously, in a serious way, and when nancially, and so I think it is impor- cation and child tax credits and that we come to this floor this is not polit- tant that we realize that. stuff? No. The future of our country is ical rhetoric. I have gone to Iraq twice, being placed in another country’s not because someone asked me to go. It We said last night you cannot run a hands, which gives up control of our was because I wanted to go. I met with business, you cannot go to talk to own destiny because we are going to our troops. I have talked to our troops, shareholders and say, listen, do not have to make payments. our soldiers, Marines. I have talked to worry about it. We know that the busi- It is just like when you go to a bank. the commanders. We are both on ness, it is like with Enron, the com- You borrow money, you have to pay in- Armed Services. We have heard it since pany. It is not like they can go to their terest on that money, and we are bor- the war started what they have been shareholders and admit, well, you rowing it from the Chinese. We are telling us, what the President has been know, we know that we have a culture going to have to pay interest on it, and telling us, what the Iraqis have been of corruption and cronyism and incom- the Chinese are taking that interest. telling us. petence and we know that even when it They have a lot of State-owned compa- Now it is time to lead. It is time to has been pointed out, it still continues nies that they are going to pump our lead in the way of making sure we here in the corporate headquarters, but money back into. It is bad enough that make right decisions, not only on what do not worry, everything’s going to be General Motors and Delphi and a lot of happens in Iraq, but what happens here okay. We know we are borrowing these other corporations are investing in the United States of America, pe- money and we are running deficits, but money into China. Now they are get- riod. if we just stay the course, we will end ting it from the American taxpayer, So I think it is important. Folks can up coming out some kind of way. That and the Chinese Government will in- have as many press conferences as they CEO will be fired on the spot. vest that money into their economy, want to have. We need to have action Mr. RYAN of Ohio. Mr. Speaker, we whether it is in the auto industry or in giving the American people the di- know when the shareholders ask the some other industry. They will have rection that they are asking for. One leaders of the corporation, we want to that money invested into their econ- poll says 28 percent, another poll says see the books, we want to see what is omy, long term. 33 percent approval rating because they going on, the leaders of the corporation This is a dangerous proposition to want more leadership out of us. They or the business cannot say no, no, no, not balance your budget in the United want better and more sound ideas out you are not allowed to see that. States of America, and we are Demo- of us. Mr. MEEK of Florida. If they ask to crats. We believe in a balanced budget. Mr. Speaker, they want a bipartisan see the books and they ask to take part We believe in fiscal discipline. This approach to the issues that are facing and are trying to help with the prob- long-term recklessness coming from Americans today, and they do not see lem, trying to get out of the hole that the Republican party and Republican it. That is the reason why they are you are in a financial way and they are leadership is putting our country in frustrated, and they are frustrated be- called, well, you must be a mole from danger, not just danger, grave danger. cause they understand what the Repub- another company; no, you are not real- Mr. MEEK of Florida. Mr. Speaker, lican majority is doing, not allowing ly with us, name calling, attacks. That let me just say this. I will not say it is Democrats to be able to put amend- will not happen because the bottom the Republican party because I know ments on legislation, not allowing line is that they will not allow it.

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But to make these cuts on the backs of the middle happen. is where they want to get the money That is the reason why the hour be- from. class and the poor in this country at fore, I mean some folks say, why would Now, we are not saying that govern- the same time, at the same exact time, you give the Speaker credit? I give the ment does not need reform, that we do and this is almost funny, this would be Speaker credit by saying there should not need to streamline it. But does it funny if it was not so sad, at the same be some ethics courses here in this not start with a lot of these contrac- time we are giving millionaires tax House. That is a start, okay? If we have tors in Iraq? We are spending a $1.5 bil- cuts. Now, people at home, Mr. Speaker, a problem, first we have to say we have lion a week in Iraq, Mr. Speaker. A who hear this and read about it in the a problem and then we can be on the week. We are building dams in Iraq, morning newspapers have got to think road to recovery. roads in Iraq, schools in Iraq, training this place is a mad house, that it is But if we deny that we have a prob- people in Iraq, training health care schizophrenic. Two wars, $1.5 billion a lem, if we look at the front page of the workers in Iraq and teachers in Iraq, week in Iraq, and we are cutting taxes. paper and say, oh, I just do not want to and the outfit on the other side is cut- Tuition doubles, and we are cutting read it today because it is talking ting free and reduced lunches in the taxes for millionaires. Poverty rate about what is happening in the work- United States of America. They do not goes up in Cleveland, in the State of place, well, that may be okay if you have the courage to go and ask a mil- Ohio, one of the highest poverty levels are in a private company somewhere lionaire to maybe give up just a few in the country. I think it was rated the and you do not have stockholders and thousand dollars of his tax cut, Mr. poorest city in the country. We are it is your money, that is your deal; but Speaker. This is about leadership. We are at a cutting taxes for millionaires. Katrina. when you have the American people critical point in the history of the We have people living in their cars and you are using their money and you United States of America, Mr. MEEK. still, over the holiday season. are making decisions on behalf of a We are in a war in Iraq, we are in a war Mr. MEEK of Florida. Being evicted. country and you are not willing to look in Afghanistan, and we have huge Mr. RYAN of Ohio. Being evicted. I at the issues that are facing us right budget deficits. A $323 billion budget mean, come on, we can do better than now as relates to governance, then you deficit is projected for next year, yet this, KENDRICK. And that is what we are making your problem the American we cut taxes tonight for millionaires are saying. people’s problem and the taxpayers’ up to the tune of $32,000 per, after giv- Mr. MEEK of Florida. If the gen- problem. ing them over $100,000 over the course tleman will yield. Mr. RYAN of Ohio. And to take the of the last few years. Mr. RYAN of Ohio. I would be happy analogy even further with the business, Are these good decisions long term to yield. how can you just keep going on bor- for the United States of America? Be- Mr. MEEK of Florida. Mr. RYAN, I rowing, borrowing, borrowing, bor- cause, again, we do not have surplus think it is important that we realize rowing, borrowing? That is all we are money to give back to millionaires in that the President is talking about the doing right now. This is the national the form of tax cuts. We are running economy in Iraq and is talking about debt today, $8.120 trillion. That is a lot deficits. And what countries do when infrastructure, yet ignoring infrastruc- of money, $8 trillion. they have a deficit is the same thing a ture here at home; talking about boost- Mr. MEEK of Florida. Right. family does when they have an annual ing oil production in Iraq while ignor- Mr. RYAN of Ohio. And each person deficit. You have to borrow the money ing soaring energy costs here that at home owes $27,000. or you have to get out the credit card. have, in some cases, risen three times We have a notice today that we are And that is what this country is doing more than what Americans spent last going to finish up next week and we are right now. We are putting the future of year. all going to go home for the holidays, the United States of America on a He went down to New Orleans and Christmas and Hanukah. I cannot wait credit card. gave a speech saying that we are going to get to our Christmas Eve party. We And we are asking the next genera- to build New Orleans back and it will have a Christmas Eve party every year. tion, the same generation that we are be a shining example and it will be a My mom is Italian, and my Uncle Joe asking to pay double the tuition that city we can all be proud of because I Guerra, who lives in Florida now, is in they paid 4 or 5 years ago, increasing will make sure, meanwhile the State charge of the sauce. He is going to be the fees for student loans, increasing legislature is trying to figure out how making the sauce, and he is going to the burden of taxes on the middle class, it is going to pay its share of the ask me, what did you do last year in we are going to also ask that genera- money that the Federal Government is Congress? And I am going to say, well, tion to pay the national debt off; and saying it has to pay. And it literally Uncle Joe, you owe $27,000 to the na- to try to somehow close this gap by has no economy right now. tional debt, and the country has bor- borrowing the money from the Chinese We have children now within this rowed $8 trillion, and that is what we and making sure that they pay back budget that they will not have free and all owe. And as I stated a couple of our debts that we are borrowing from reduced lunches, but meanwhile, the hours ago when we were here, Nicholas the Chinese, the Japanese, and the children of Iraq and the people of Iraq John Ryan, born 3 weeks ago to my Saudi Arabians at the same time we have universal health care. We have brother and his wire Carrie, he owes are spending $1.5 billion and a half a mayors now trying to figure out how $27,000, just like that. week in Iraq. they are going to meet their budgets. Now that is no way to run a country. Now, one final point. You voted for They are laying off workers, which And when the Democrats are talking the defense appropriations bill. So did equals fewer services for the people about balancing the budget and we talk I. that pay taxes in those local cities and about making some tough decisions Mr. MEEK of Florida. That is cor- governments, because they have to and maybe having to go ask a million- rect. pick up some of the Federal responsi- aire to maybe pay their fair share in Mr. RYAN of Ohio. You voted for bility, where we have cut programs and order to reduce the debt and to reduce probably almost every supplemental opportunities for cities like the COPS the annual deficits that we are run- for the war in Iraq. program and many other programs like ning, we cannot find anyone with any Mr. MEEK of Florida. Yes, sir. it. courage on the other side. But when Mr. RYAN of Ohio. And so did I. We There are issues as relates to making they have the opportunity to cut Med- are not going to have our troops in a sure that we secure our airlines and

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They publicly-owned companies that are in- are trying to improve this country, and have asked for interoperability, to vesting into China. we are being shut down because the Re- make sure if there is a terrorist attack We are cutting taxes, and those peo- publican majority has to cut taxes for or there is an event that takes place, a ple are giving their money over there. millionaires. We want to improve this. natural disaster, that they would have Delphi, General Motors, General Elec- In 5 years, if the Democrats had con- the resources to be able to talk to one tric, all these companies are investing trol of this Chamber and the Senate another in order to save lives. That in China. And here is what the Demo- and the White House, we would have a still has not happened. crats want to do to just kind of talk a proposal that would begin to penetrate These are all issues, Mr. RYAN, that little about what you were doing. communities all over the country with we on the 30-something side and on the Another problem we have is the broadband access. Democratic side have already ad- amount of engineers that some of these I want to make one final point. dressed with legislation that has been other countries are producing. Just This is a poverty program, this right filed, filed from Democratic Members this year, engineering degrees in China, here, this innovation program that the of Congress, ranking members on the 600,000; engineering degrees in India, Democratic Caucus has put together committees of said jurisdictions to 350,000; and engineering degrees in the and the majority leader has put to- bring about the kinds of change we United States, 70,000. gether. We want to penetrate these have talked about. So what the Democrats are proposing communities, and we want these young So when we get into the long and is to make an investment into the peo- kids who if they miss this great tech- short-term effects of what this Repub- ple, into the technology that is going nological boom, if they get caught on lican Congress is doing under a culture to get this number where it needs to the wrong end of this digital divide of corruption and cronyism and incom- be. You cannot have a high number that we have in the country, they are petence, and when I say here in Wash- here when you have 70 percent of the not going to be creating wealth in our ington, D.C., that that is an accepted kids in all of these school districts, communities. They are going to be on practice, then we wonder why things inner-city school districts around the Medicaid and on the earned income tax are the way they are. You do not have country living in poverty. You cannot credit and need public assistance. to wonder. You know why. get that number up when you have kids We want to make investments now So it is important that we clear some in rural areas that do not have the into these communities, not for the of this stuff up and, hopefully, if we skills that they need. sake of saying we helped these poor keep hammering at the door, that One of the other things we want to do kids out, but because those kids want there will be a bipartisan approach to in the Democrat plan. America ranks opportunity. If presented with oppor- move this country forward, Mr. RYAN. 16th in broadband penetration. Here is tunity, like broadband access, like ac- Mr. RYAN of Ohio. Well, just to back Korea, per 100 inhabitants, 24.9; then cess to the Internet and the latest it up, and we used this earlier, because China; then Iceland; then the United technology, these kids will achieve. we like third-party validators. This is States of America. And the Democratic But if this kid does not get from the Economic Policy Institute, caucus here in the House has a pro- broadband access in his school and he www.epi.org, the conclusion of a report posal, should we get the reins of gov- does not have it at home and then he is they put together regarding a briefing ernment next year, that we will have a asked to go out and compete with the paper. It is called ‘‘The Boom That proposal together to put broadband ac- Chinese engineer who makes $10,000 a Wasn’t.’’ ‘‘The economy has little to cess in every home in the next 5 years. year, he is not going to be able to do it; show for $860 billion in tax cuts.’’ This she is not going to be able to do it. We b 1945 is from the EPI. I did not do this. ‘‘A have to get on the stick here. We have review of economic performance over You want to create a strong econ- to wake up and start leading this coun- the last 4 years indicates that the se- omy; you want to get people all over try. ries of major tax cuts enacted in that the country in rural areas and inner Mr. MEEK of Florida. Mr. Speaker, time have not strengthened the econ- cities, in poorer communities to start this will not only help individuals out omy. Almost every broad measure of generating wealth. An automobile of poverty, but this will help educate economic activity, GDP, jobs, personal plant is not going to set itself in America. income, and business investment, Youngstown, Ohio again. A Delphi fa- Mr. RYAN of Ohio. That is right. among others, has fared worse over the cility is not going to locate in Warren, Mr. MEEK of Florida. Mr. Speaker, I last 4 years than in past cycles.’’ Let Ohio, and hire 10,000 people any more. want Members to be able to go onto me repeat that. ‘‘Has fared worse over If the leadership on the Republican side the Web site. We are not down here to the last 4 years than in past cycles. does not wake up and recognize the talk about fiction; we are here to talk Proponents of the series of major tax country is suffering because of this, about fact and make this country cuts since 2001 had projected that then we are going to continue down stronger. The Web site is gauges such as these would reflect im- this long road that is leading us to no- www.housedemocrats.gov. I want my provements after enactment.’’ The where. colleagues to go on, look at the Demo- Boom That Wasn’t. Because we were When we have Iceland that has high- cratic plan. Hopefully, we can move in not cutting them for the middle class, er broadband penetration than the a bipartisan way to strengthen Amer- we were cutting them for wealthy peo- United States of America, that is a ica. ple. shame. I was telling Ms. WASSERMAN I think it is important that we share And I just want to say that I do not SCHULTZ I was doing some research for with Members because we like to hear have anything against people who what we were going to do today, and I from Members and we like to be chal- make a lot of money. In fact, God bless got into some of the great initiatives of lenged by Members and get informa- you. That is great. But you have an ob- the United States, and I ran across tion from Members on both sides of the ligation. You benefit from what is hap- President Kennedy’s speech in the aisle, and that is just the way it is. pening. And what is happening now in early 1960s about going to the Moon. I I think as we come back next week, our country, and we have talked about mean, talk about setting out an agenda I think that some of the issues that we this, I know privately a lot and here a and leading. should be addressing are issues that are bit, who is investing in the country? Where is it? very, very important to the American We are giving tax cuts to millionaires, The Democratic Caucus that is here people and hopefully in the last week yet they are investing their money has proposal after proposal that cannot before we go on break we can work in

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27872 CONGRESSIONAL RECORD—HOUSE December 8, 2005 a bipartisan way in moving this coun- Neil Abercrombie, Gary L. Ackerman, Rob- nedy, Dale E. Kildee, Carolyn C. Kilpatrick, try forward. ert B. Aderholt, W. Todd Akin, Rodney Alex- Ron Kind, Steve King, Peter T. King, Jack Mr. RYAN of Ohio. Mr. Speaker, the ander, Thomas H. Allen, Robert E. Andrews, Kingston, Mark Steven Kirk, John Kline, Web site is www.30somethingdems@ Joe Baca, Spencer Bachus, Brian Baird, Joe Knollenberg, Jim Kolbe, John R. Richard H. Baker, Tammy Baldwin, J. ‘‘Randy’’ Kuhl, Jr., Ray LaHood, James R. mail.house.gov, and I want to thank Gresham Barrett, John Barrow, Roscoe G. Langevin, Tom Lantos, Rick Larsen, John B. Mr. MEEK for his leadership. He is down Bartlett, Joe Barton, Charles F. Bass, Me- Larson, Tom Latham, Steven C. LaTourette, here every night, sometimes 2 hours a lissa L. Bean, Bob Beauprez, Xavier Becerra, James A. Leach, Barbara Lee, Sander M. night, dedicating himself. He has two Shelley Berkley, Howard L. Berman, Marion Levin, Jerry Lewis, John Lewis, Ron Lewis, young kids at home, a beautiful wife Berry, Judy Biggert, Michael Bilirakis, Rob John Linder, Daniel Lipinski, Frank A. that you leave to come down here to Bishop, Sanford D. Bishop, Jr., Timothy H. LoBiondo, Zoe Lofgren, Nita M. Lowey, promote this message. I know it is dif- Bishop, Marsha Blackburn, Earl Blu- Frank D. Lucas, Daniel E. Lungren, Stephen ficult sometimes to balance work and menauer, Roy Blunt, Sherwood Boehlert, F. Lynch, Connie Mack, Carolyn B. Maloney, John A. Boehner, Henry Bonilla, Jo Bonner, Donald A. Manzullo, Kenny Marchant, Ed- family, and I want to say I am really Mary Bono, John Boozman, Madeleine Z. ward J. Markey, Jim Marshall, Jim Mathe- thankful for your leadership on this, Bordallo, Dan Boren, Leonard L. Boswell, son, Doris O. Matsui, Carolyn McCarthy, Mi- and you are really an inspiration to all Rick Boucher, Charles W. Boustany, Jr., chael T. McCaul, Betty McCollum, Thaddeus of us. Allen Boyd, Jeb Bradley, Kevin Brady, Rob- G. McCotter, Jim McCrery, James P. McGov- Mr. MEEK of Florida. Mr. Speaker, I ert A. Brady, Corrine Brown, Sherrod Brown, ern, Patrick T. McHenry, John M. McHugh, thank Mr. RYAN and Ms. WASSERMAN Henry E. Brown, Jr., Ginny Brown-Waite, Mike McIntyre, Howard P. ‘‘Buck’’ McKeon, SCHULTZ; and with that, it was an Michael C. Burgess, Dan Burton, G. K. Cynthia McKinney, Cathy McMorris, Mi- honor once again to address the House, Butterfield, Steve Buyer, Ken Calvert, Dave chael R. McNulty, Martin T. Meehan, and I want to thank the Democratic Camp, John Campbell, Chris Cannon, Eric Kendrick B. Meek, Gregory W. Meeks, Char- Cantor, Shelley Moore Capito, Lois Capps, lie Melancon, Robert Menendez, John L. leadership for the time. Michael E. Capuano, Benjamin L. Cardin, Mica, Michael H. Michaud, Juanita f Dennis A. Cardoza, Russ Carnahan, Julia Millender-McDonald, Brad Miller, Jeff Mil- SPECIAL ORDERS GRANTED Carson, John R. Carter, Ed Case, Michael N. ler, Gary G. Miller, Candice S. Miller, Alan Castle, Steve Chabot, Ben Chandler, Chris B. Mollohan, Dennis Moore, Gwen Moore, By unanimous consent, permission to Chocola, Donna M. Christensen, Wm. Lacy Jerry Moran, James P. Moran, Tim Murphy, address the House, following the legis- Clay, Emanuel Cleaver, James E. Clyburn, John P. Murtha, Marilyn N. Musgrave, Sue lative program and any special orders Howard Coble, Tom Cole, K. Michael Con- Wilkins Myrick, Jerrold Nadler, Grace F. heretofore entered, was granted to: away, John Conyers, Jr., Jim Cooper, Jim Napolitano, Richard E. Neal, Randy Neuge- (The following Members (at the re- Costa, Jerry F. Costello, Christopher Cox, bauer, Robert W. Ney, Anne M. Northup, El- Robert E. (Bud) Cramer, Jr., Ander Cren- eanor Holmes Norton, Charlie Norwood, quest of Mr. SCHIFF) to revise and ex- shaw, Joseph Crowley, Barbara Cubin, Henry Devin Nunes, Jim Nussle, James L. Oberstar, tend their remarks and include extra- Cuellar, John Abney Culberson, Elijah E. David R. Obey, John W. Olver, Solomon P. neous material:) Cummings, Randy ‘‘Duke’’ Cunningham, Ortiz, Tom Osborne, C. L. ‘‘Butch’’ Otter, Ms. WOOLSEY, for 5 minutes, today. Artur Davis, Geoff Davis, Jim Davis, Jo Ann Major R. Owens, Michael G. Oxley, Frank Mr. SCHIFF, for 5 minutes, today. Davis, Lincoln Davis, Tom Davis, Susan A. Pallone, Jr., Bill Pascrell, Jr., Ed Pastor, Mr. EMANUEL, for 5 minutes, today. Davis, Danny K. Davis, Nathan Deal, Peter Ron Paul, Donald M. Payne, Stevan Pearce, Mr. GEORGE MILLER of California, for A. DeFazio, Diana DeGette, William D. Dela- Nancy Pelosi, Mike Pence, Collin C. Peter- 5 minutes, today. hunt, Rosa L. DeLauro, Tom DeLay, Charles son, John E. Peterson, Thomas E. Petri, Mr. WYNN, for 5 minutes, today. W. Dent, Lincoln Diaz-Balart, Mario Diaz- Charles W. ‘‘Chip’’ Pickering, Joseph R. Mr. UDALL of New Mexico, for 5 min- Balart, Norman D. Dicks, John D. Dingell, Pitts, Todd Russell Platts, Ted Poe, Richard utes, today. Lloyd Doggett, John T. Doolittle, Michael F. W. Pombo, Earl Pomeroy, Jon C. Porter, Rob Doyle, Thelma D. Drake, David Dreier, John Portman, Tom Price, David E. Price, Debo- Mr. FILNER, for 5 minutes, today. J. Duncan, Jr., Chet Edwards, Vernon J. rah Pryce, Adam H. Putnam, George Radan- Mrs. MALONEY, for 5 minutes, today. Ehlers, Rahm Emanuel, Jo Ann Emerson, ovich, Nick J. Rahall, II, Jim Ramstad, (The following Members (at the re- Eliot L. Engel, Phil English, Anna G. Eshoo, Charles B. Rangel, Ralph Regula, Dennis R. quest of Mr. POE) to revise and extend Bob Etheridge, Lane Evans, Terry Everett, Rehberg, David G. Reichert, Rick Renzi, their remarks and include extraneous Eni F. H. Faleomavaega, Sam Farr, Chaka Silvestre Reyes, Thomas M. Reynolds, Har- material:) Fattah, Tom Feeney, Mike Ferguson, Bob old Rogers, Mike Rogers, Mike Rogers, Dana Mr. FRANKS of Arizona, for 5 minutes, Filner, Michael G. Fitzpatrick, Jeff Flake, Rohrabacher, Ileana Ros-Lehtinen, Mike today. Mark Foley, J. Randy Forbes, Harold E. Ross, Steven R. Rothman, Lucille Roybal- ˜ Mr. ENGLISH of Pennsylvania, for 5 Ford, Jr., Jeff Fortenberry, Luis G. Fortuno, Allard, Edward R. Royce, C. A. Dutch Rup- minutes, today. Vito Fossella, Virginia Foxx, Barney Frank, persberger, Bobby L. Rush, Paul Ryan, Tim Trent Franks, Rodney P. Frelinghuysen, Ryan, Jim Ryun, Martin Olav Sabo, John T. Mr. JONES of North Carolina, for 5 Elton Gallegly, Scott Garrett, Jim Gerlach, Salazar, Loretta Sanchez, Linda T. San´ chez, minutes, December 13 and 14. Jim Gibbons, Wayne T. Gilchrest, Paul E. Bernard Sanders, Jim Saxton, Janice D. Mr. DUNCAN, for 5 minutes, today. Gillmor, Phil Gingrey, Louie Gohmert, Schakowsky, Adam B. Schiff, Jean Schmidt, (The following Member (at his own Charles A. Gonzalez, Virgil H. Goode, Jr., Allyson Y. Schwartz, John J. H. ‘‘Joe’’ request) to revise and extend his re- Bob Goodlatte, Bart Gordon, Kay Granger, Schwarz, David Scott, Robert C. Scott, F. marks and include extraneous mate- Sam Graves, Al Green, Gene Green, Mark James Sensenbrenner, Jr., Jose´ E. Serrano, rial:) Green, Rau´ l M. Grijalva, Luis V. Gutierrez, Pete Sessions, John B. Shadegg, E. Clay Mr. PENCE, for 5 minutes, today. Gil Gutknecht, Ralph M. Hall, Jane Harman, Shaw, Jr., Christopher Shays, Brad Sherman, Katherine Harris, Melissa A. Hart, J. Dennis Don Sherwood, John Shimkus, Bill Shuster, f Hastert, Doc Hastings, Alcee L. Hastings, Rob Simmons, Michael K. Simpson, Ike ADJOURNMENT Robin Hayes, J. D. Hayworth, Joel Hefley, Skelton, Louise McIntosh Slaughter, Adam Jeb Hensarling, Wally Herger, Stephanie Smith, Christopher H. Smith, Lamar S. Mr. MEEK of Florida. Mr. Speaker, I Herseth, Brian Higgins, Maurice D. Hinchey, Smith, Vic Snyder, Michael E. Sodrel, Hilda move that the House do now adjourn. Rube´n Hinojosa, David L. Hobson, Peter L. Solis, Mark E. Souder, John M. Spratt, The motion was agreed to; accord- Hoekstra, Tim Holden, Rush D. Holt, Mi- Jr., Cliff Stearns, Ted Strickland, Bart Stu- ingly (at 7 o’clock and 50 minutes chael M. Honda, Darlene Hooley, John N. pak, John Sullivan, John E. Sweeney, Thom- p.m.), under its previous order, the Hostettler, Steny H. Hoyer, Kenny C. as G. Tancredo, John S. Tanner, Ellen O. House adjourned until Monday, Decem- Hulshof, Duncan Hunter, Henry J. Hyde, Bob Tauscher, Gene Taylor, Charles H. Taylor, ber 12, 2005, at noon. Inglis, Jay Inslee, Steve Israel, Darrell E. Lee Terry, William M. Thomas, Mike Issa, Ernest J. Istook, Jr., Jesse L. Jackson, Thompson, Bennie G. Thompson, Mac Thorn- f Jr., Sheila Jackson-Lee, William J. Jeffer- berry, Todd Tiahrt, Patrick J. Tiberi, John OATH FOR ACCESS TO CLASSIFIED son, William L. Jenkins, Bobby Jindal, Sam F. Tierney, Edolphus Towns, Michael R. Tur- INFORMATION Johnson, Eddie Bernice Johnson, Nancy L. ner, Mark Udall, Tom Udall, Fred Upton, Johnson, Timothy V. Johnson, Walter B. Chris Van Hollen, Nydia M. Vela´ zquez, Peter Under clause 13 of rule XXIII, the fol- Jones, Stephanie Tubbs Jones, Paul E. Kan- J. Visclosky, Greg Walden, James T. Walsh, lowing Members executed the oath for jorski, Marcy Kaptur, Ric Keller, Sue W. Zach Wamp, Debbie Wasserman Schultz, access to classified information: Kelly, Patrick J. Kennedy, Mark R. Ken- Maxine Waters, Diane

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27873 E. Watson, Melvin L. Watt, Henry A. Wax- 5551. A letter from the Deputy Assistant ber 16, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); man, Anthony D. Weiner, Curt Weldon, Dave Secretary for Export Administration, De- to the Committee on Transportation and In- Weldon, Jerry Weller, Lynn A. Westmore- partment of Commerce, transmitting the De- frastructure. land, Robert Wexler, Ed Whitfield, Roger F. partment’s final rule — Revision of License 5559. A letter from the Program Analyst, Wicker, Heather Wilson, Joe Wilson, Frank Requirements and Licensing Policy, and In- FAA, Department of Transportation, trans- R. Wolf, Lynn C. Woolsey, David Wu, Albert creased Availability of License Exceptions mitting the Department’s final rule — Air- Russell Wynn, Don Young, C. W. Bill Young, for Certain North Atlantic Treaty Organiza- worthiness Directives; Bell Helicopter Tex- f tions (NATO) Member States [Docket No. tron Model 212, 412, and 412EP Helicopters 051020273-5273-01] (RIN: 0694-AD61) received EXECUTIVE COMMUNICATIONS, [Docket No. FAA-2005-22634; Directorate November 16, 2005, pursuant to 5 U.S.C. Identifier 2005-SW-12-AD; Amendment 39- ETC. 801(a)(1)(A); to the Committee on Inter- 14335; AD 2005-20-38] (RIN: 2120-AA64) received Under clause 8 of rule XII, executive national Relations. November 16, 2005, pursuant to 5 U.S.C. communications were taken from the 5552. A letter from the Federal Liason Offi- 801(a)(1)(A); to the Committee on Transpor- Speaker’s table and referred as follows: cer, Patent and Trademark Office, Depart- tation and Infrastructure. ment of Commerce, transmitting the Depart- 5544. A letter from the Assistant to the ment’s final rule — Provisions for Claiming 5560. A letter from the Program Analyst, Board, Board of Governors of the Federal Re- the Benefit of a Provisional Application with FAA, Department of Transportation, trans- serve System, transmitting the Board’s final a Non-English Specification and Other Mis- mitting the Department’s final rule — Air- rule — One-Year Post-Employment Restric- cellaneous Matters [Docket No.: 2005-P-053] worthiness Directives; McDonnell Douglas tions for Senior Examiners [Docket No. R- received October 28, 2005, pursuant to 5 Model DC-9-14, DC-9-15, and DC-9-15F Air- 1230] received November 29, 2005, pursuant to U.S.C. 801(a)(1)(A); to the Committee on the planes; and McDonnell Douglas Model DC-9- 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- Judiciary. 20, DC-9-30, DC-9-40, and DC-9-50 Series Air- nancial Services. 5553. A letter from the Rules Adminis- planes [Docket No. FAA-2005-21140; Direc- 5545. A letter from the Assistant to the trator, Bureau of Prisons, Department of torate Identifier 2004-NM-274-AD; Amend- Board, Board of Governors of the Federal Re- Justice, transmitting the Department’s final ment 39-14273; AD 2005-19-08] (RIN: 2120-AA64) serve System, transmitting the Board’s final rule — Bureau of Prisons Central Office, Re- received November 16, 2005, pursuant to 5 rule — Fair Credit Reporting Medical Infor- gional Offices, Institutions, and Staff Train- U.S.C. 801(a)(1)(A); to the Committee on mation Regulations [Regulation V and FF; ing Centers; Removal of Addresses From Transportation and Infrastructure. Docket No. R-1188] received November 29, Rules [BOP-1136-I] (RIN: 1120-AB36) received 5561. A letter from the Program Analyst, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the November 29, 2005, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- Committee on Financial Services. mitting the Department’s final rule — Air- 5546. A letter from the Counsel for Legisla- 801(a)(1)(A); to the Committee on the Judici- worthiness Directives; Boeing Model 747 Air- tion and Regulations, Department of Hous- ary. planes [Docket No. FAA-2005-20364; Direc- ing and Urban Development, transmitting 5554. A letter from the Rules Adminis- torate Identifier 2004-NM-186-AD; Amend- the Department’s final rule — Release in the trator, Bureau of Prisons, Department of ment 39-14274; AD 2005-1909] (RIN: 2120-AA64) Public Use Database of Certain Mortgage Justice, transmitting the Department’s final received November 16, 2005, pursuant to 5 Data and Annual Housing Activities Report rule — Good Conduct Time: Aliens With Con- U.S.C. 801(a)(1)(A); to the Committee on (AHAR) Information of the Federal National firmed Orders of Deportation, Exclusion, or Transportation and Infrastructure. Mortgage Association (Fannie Mae) and the Removal [BOP-1112-F] (RIN: 1120-AB12) re- Federal Home Loan Mortgage Corporation ceived November 29, 2005, pursuant to 5 5562. A letter from the Program Analyst, (Freddie Mac) [Docket No. FR-4947-F-02] U.S.C. 801(a)(1)(A); to the Committee on the FAA, Department of Transportation, trans- (RIN: 2501-AD09) received November 29, 2005, Judiciary. mitting the Department’s final rule — Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5555. A letter from the Rules Adminis- worthiness Directives; British Aerospace mittee on Financial Services. trator, Bureau of Prisons, Department of Model HS 748 Airplanes [Docket No. FAA- 5547. A letter from the Regulations Coordi- Justice, transmitting the Department’s final 2005-22625; Directorate Identifier 2003-NM-213- nator, CMS, Department of Health and rule — Civil Contempt of Court Commit- AD; Amendment 39-14331; AD 2005-20-34] (RIN: Human Services, transmitting the Depart- ments: Revision To Accommodate Commit- 2120-AA64) received November 16, 2005, pursu- ment’s final rule — Federal Enforcement in ments Under the D.C. Code [BOP-1113-F] ant to 5 U.S.C. 801(a)(1)(A); to the Committee Group and Individual Health Insurance Mar- (RIN: 1120-AB13) received November 29, 2005, on Transportation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- kets [CMS-4091-F] (RIN: 0938-AN35) received 5563. A letter from the Program Analyst, mittee on the Judiciary. November 22, 2005, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- 5556. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Energy and mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- Commerce. worthiness Directives; The Cessna Aircraft mitting the Department’s final rule — Air- 5548. A letter from the Director, Office of Company Models 401, 401A, 401B, 402, 402A, worthiness Directives; Rolls-Royce plc RB211 Legislative Affairs, Federal Deposit Insur- 402B, 402C, 404, 411, 411A, 414, 414A, 421, 421A, Trent 875, 877, 884, 884B, 892, 892B, and 895 Se- ance Company, transmitting the Corpora- 421B, 421C, 425, and 441 Airplanes [Docket No. ries Turbofan Engines [Docket No. 2001-NE- tion’s final rule — Deposit Insurance Cov- FAA-2005-21173; Directorate Identifier 2005- 17-AD; Amendment 39-14265; AD 2005-01-15R1] erage; Accounts of Qualified Tuition Savings CE-22-AD; Amendment 39-14321; AD 2005-20- (RIN: 2120-AA64) received November 16, 2005, Programs Under Section 529 of the Internal 25] (RIN: 2120-AA64) received November 16, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Revenue Code (RIN: 3064-AC90) received No- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Transportation and Infrastruc- vember 16, 2005, pursuant to 5 U.S.C. Committee on Transportation and Infra- ture. 801(a)(1)(A); to the Committee on Energy and structure. Commerce. 5557. A letter from the Program Analyst, 5549. A letter from the Director, Regula- FAA, Department of Transportation, trans- 5564. A letter from the Program Analyst, tions Policy and Management Staff, Food mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- and Drug Administration, transmitting the worthiness Directives; Honeywell Flight mitting the Department’s final rule — Air- Administration’s final rule — Medical De- Management System (FMS) One Million worthiness Directives; Rolls-Royce plc RB211 vices; General and Plastic Surgery Devices; World (1M or 700k) Data Bases (9104 Cycle or Trent 875, 877, 884, 884B, 892, 892B, and 895 Se- Classification of the Low Energy Ultrasound Ea as Installed in, but Not Limited to, ries Turbofan Engines [Docket No. 2001-NE- Wound Cleaner [Docket No. 2005P-0366] re- McDonnell Douglas Model MD-MD-11F Air- 12-AD; Amendment 39-14319; AD 2005-20-23] ceived November 29, 2005, pursuant to 5 planes, Boeing Model 747-400 Series Air- (RIN: 2120-AA64) received November 16, 2005, U.S.C. 801(a)(1)(A); to the Committee on En- planes, and Boe Model 757 and 767 Airplanes pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ergy and Commerce. [Docket No. FAA-2005-22585; Directorate mittee on Transportation and Infrastruc- 5550. A letter from the Deputy Assistant Identifier 2005-NM-041-Amendment 39-14328; ture. Secretary for Export Administration, De- AD 2005-20-31] (RIN: 2120-AA64) received No- 5565. A letter from the Program Analyst, partment of Commerce, transmitting the De- vember 16, 2005, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- partment’s final rule — Establishment of 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- New License Exception for the Export of Re- tation and Infrastructure. worthiness Directives; Airbus Model A340- export to U.S. Persons in Libya of Certain 5558. A letter from the Program Analyst, 211, -212, -311, and -312 Airplanes [Docket No. Items Controlled for Anti-Terrorism Reasons FAA, Department of Transportation, trans- FAA-2005-22614; Directorate Identifier 2005- Only on the Commerce Control List [Docket mitting the Department’s final rule — Air- NM-035-AD; Amendment 39-14324; AD 2005-20- No. 051028279-5279-01] (RIN: 0694-AD57) re- worthiness Directives; Pratt & Whitney 27] (RIN: 2120-AA64) received November 16, ceived November 16, 2005, pursuant to 5 JT8D-200 Series Turbofan Engines [Docket 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the U.S.C. 801(a)(1)(A); to the Committee on No. 96-ANE-35-AD; Amendment 39-14339; AD Committee on Transportation and Infra- International Relations. 2005-21-01] (RIN: 2120-AA64) received Novem- structure.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27874 CONGRESSIONAL RECORD—HOUSE December 8, 2005 5566. A letter from the Program Analyst, mitting the Department’s final rule — Air- -145EP Airplanes [Docket No. FAA-2005-20223; FAA, Department of Transportation, trans- worthiness Directives; Boeing Model 757-200, Directorate Identifier 2004-NM-193-AD; mitting the Department’s final rule — Air- -200CB, and -200PF Series Airplanes [Docket Amendment 39-14334; AD 2005-20-37] (RIN: worthiness Directives; Dowty Aerospace Pro- No. FAA-2005-20726; Directorate Identifier 2120-AA64) received November 16, 2005, pursu- pellers Type R321/4-82-F/8, R324/4-82-F/9, R333/ 2004-NM-265-AD; Amendment 39-14337; AD ant to 5 U.S.C. 801(a)(1)(A); to the Committee 4-82-F/12, and R334/4-82-F-13 Propeller Assem- 2005-20-40] (RIN: 2120-AA64) received Novem- on Transportation and Infrastructure. blies [Docket No. 2001-NE-50-AD; Amendment ber 16, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); 5581. A letter from the Program Analyst, 39-14306; AD 2005-20-12] (RIN: 2120-AA64) re- to the Committee on Transportation and In- FAA, Department of Transportation, trans- ceived November 16, 2005, pursuant to 5 frastructure. mitting the Department’s final rule — Air- U.S.C. 801(a)(1)(A); to the Committee on 5574. A letter from the Program Analyst, worthiness Directives; Boeing Model 757-200, Transportation and Infrastructure. FAA, Department of Transportation, trans- -200PF, and -300 Series Airplanes, Powered by 5567. A letter from the Program Anlayst, mitting the Department’s final rule — Air- Pratt & Whitney PW2000 Series Engines FAA, Department of Transportation, trans- worthiness Directives; Airbus Model A330-200 [Docket No. FAA-2005-20137; Directorate mitting the Department’s final rule — Air- and -300 and A340-200 and -300 Series Air- Identifier 2004-NM-96-AD; Amendment 39- worthiness Directives; Airbus Model A319-100 planes [Docket No. FAA-2005-20221; Direc- 14338; AD 2005-20-41] (RIN: 2120-AA64) received Series Airplanes; Model A320-111 Airplanes; torate Identifier 2004-NM-173-AD; Amend- November 16, 2005, pursuant to 5 U.S.C. Model A321-200 Series Airplanes, and Model ment 39-14329; AD 2005-20-32] (RIN: 2120-AA64) 801(a)(1)(A); to the Committee on Transpor- A321-100 and -200 Series Airplanes [Docket received November 16, 2005, pursuant to 5 tation and Infrastructure. No. FAA-2005-20874; Directorate Identifier U.S.C. 801(a)(1)(A); to the Committee on 5582. A letter from the Program Analyst, 2004-NM-279-AD; Amendment 39-14311; AD Transportation and Infrastructure. FAA, Department of Transportation, trans- 2005-20-17] (RIN: 2120-AA64) received Novem- 5575. A letter from the Program Analyst, mitting the Department’s final rule — Air- ber 16, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); FAA, Department of Transportation, trans- worthiness Directives; Boeing Model 747-100, to the Committee on Transportation and In- mitting the Department’s final rule — Air- -200B, -200F, -200C, -100B, -300, -100B SUD, frastructure. worthiness Directives; BURKHART GROB -400, -400D, and -400F Series Airplanes; and 5568. A letter from the Program Analyst, LUFT — UND RAUMFAHRT GmbH & Co KG Model 747SR Series Airplanes [Docket No. FAA, Department of Transportation, trans- Modes G103 TWIN ASTIR, G103A TWIN II FAA-2005-10917; Directorate Identifier 2004- mitting the Department’s final rule — Air- ACRO, and G103C TWIN III ACRO Sailplanes NM-85-AD; Amendment 39-14312; AD 2005-20- worthiness Directives; Boeing Model 727 Air- [Docket No. FAA-2005-20441; Directorate 18] (RIN: 2120-AA64) received November 16, planes [Docket No. FAA-2005-21085; Direc- Identifier 2003-CE-35-AD; Amendment 39- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the torate Identifier 2004-NM-252-AD; Amend- 14322; AD 2003-19-14 R2] received November 16, Committee on Transportation and Infra- ment 39-14307; AD 2005-20-13] (RIN: 2120-AA64) 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the structure. received November 16, 2005, pursuant to 5 Committee on Transportation and Infra- 5583. A letter from the Regulations Coordi- U.S.C. 801(a)(1)(A); to the Committee on structure. nator, CMS, Department of Health and Transportation and Infrastructure. Human Services, transmitting the Depart- 5569. A letter from the Program Analyst, 5576. A letter from the Program Analyst, FAA, Department of Transportation, trans- ment’s final rule — Medicare Program; Hos- FAA, Department of Transportation, trans- pice Care Amendments [CMS-1022-F] (RIN: mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- worthiness Directives; Boeing Model 727, 0938-AJ36) received November 22, 2005, pursu- worthiness Directives; Boeing Model 737-100, ant to 5 U.S.C. 801(a)(1)(A); to the Committee -200, and -200C Series Aiplanes [Docket No. 727C, 727-100, and 727-100C Series Airplanes [Docket No. 2003-NM-238-AD; Amendment 39- on Ways and Means. FAA-2005-21138; Directorate Identifier 2004- 5584. A letter from the Acting Chief, Publi- 14330; AD 2005-20-33] (RIN: 2120-AA64) received NM-131-AD; Amendment 39-14310; AD 2005-20- cations and Regulations Branch, Internal November 16, 2005, pursuant to 5 U.S.C. 16] (RIN: 2120-AA64) received November 16, Revenue Service, transmitting the Service’s 801(a)(1)(A); to the Committee on Transpor- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule — Section 415 Regulations and Pre- tation and Infrastructure. Committee on Transportation and Infra- existing Plans [Notice 2005-87] received No- 5577. A letter from the Program Analyst, structure. vember 29, 2005, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- 5570. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Ways and mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- Means. mitting the Department’s final rule — Air- worthiness Directives; Boeing Model 747-100, 5585. A letter from the Acting Chief, Publi- worthiness Directives; Airbus Model A300 B4- 747-100B, 747-100B BUD, 747-200B, 747-300, cations and Regulations Branch, Internal 620, A310-304, A310-324, and A310-325 Airplanes 747SP, and 747SR Series Airplanes [Docket Revenue Service, transmitting the Service’s [Docket No. FAA-2005-22032; Directorate No. FAA-2005-20880; Directorate Identifier final rule — Permitted Disparity in Em- Identifier 2005-NM-049-AD; Amendment 39- 2003-NM-229-AD; Amendment 39-14327; AD ployer-Provided Contributions or Benefits 14308; AD 2005-20-14] (RIN: 2120-AA64) received 2005 20-30] (RIN: 2120-AA64) received Novem- (Rev. Rul. 2005-72) received November 29, November 16, 2005, pursuant to 5 U.S.C. ber 16, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- to the Committee on Transportation and In- Committee on Ways and Means. tation and Infrastructure. frastructure. 5586. A letter from the Acting Chief, Publi- 5571. A letter from the Program Analyst, 5578. A letter from the Program Analyst, cations and Regulations Branch, Internal FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- Revenue Service, transmitting the Service’s mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- final rule — 2006 Limitations Adjusted As worthiness Directives; McDonnell Douglas worthiness Directives; Airbus Model A320-111 Provided in Section 415(d), etc. [Notice 2005- Model DC-10-10 and DC-10-10F Airplanes; Airplanes; and Model A320-200, A321-100, and 75] received November 29, 2005, pursuant to 5 Model DC-10-15 Airplanes; Model DC-10-30 A321-200 Series Airplanes [Docket No. FAA- U.S.C. 801(a)(1)(A); to the Committee on and DC-10-30F (KC-10A and KDC-10) Air- 2005-21862; Directorate Identifier 2005-NM-091- Ways and Means. planes; Model DC-10-40 and DC-10-40F Air- AD; Amendment 39-14333; AD 2005-20-36] (RIN: 5587. A letter from the Acting Chief, Publi- planes; Model MD-10-10F and MD-10-30F Air- 2120-AA64) received November 16, 2005, pursu- cations and Regulations Branch, Internal planes; and Model MD-11 and MD-11F ant to 5 U.S.C. 801(a)(1)(A); to the Committee Revenue Service, transmitting the Service’s Aiplanes [Docket No. FAA-2005-21594; Direc- on Transportation and Infrastructure. final rule — Administrative, Procedural, and torate Identifier 2005-NM-067-AD; Amend- 5579. A letter from the Program Analyst, Miscellaneous (Rev. Proc. 2005-76) received ment 39-14309; AD 2005-20-15] (RIN: 2120-AA64) FAA, Department of Transportation, trans- November 29, 2005, pursuant to 5 U.S.C. received November 16, 2005, pursuant to 5 mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Ways and U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Aviointeriors S.p.A. Means. Transportation and Infrastructure. (formerly ALVEN), Series 312 Box Mounted 5588. A letter from the Acting Chief, Publi- 5572. A letter from the Program Analyst, Seats [Docket No. FAA-2005-20848; Direc- cations and Regulations Branch, Internal FAA, Department of Transportation, trans- torate Identifier 2005-NE-02-AD; Amendment Revenue Service, transmitting the Service’s mitting the Department’s final rule — Air- 39-14323; AD 2005-20-26] (RIN: 2120-AA64) re- final rule — Examination of Returns and worthiness Directives; Boeing Model 737-100, ceived November 16, 2005, pursuant to 5 Claims for Refund, Credit or Abatement; De- -200, -200C, -300, -400, and -500 Series Air- U.S.C. 801(a)(1)(A); to the Committee on termination of Correct Tax Liability (Rev. planes [Docket No. FAA-2005-21346; Direc- Transportation and Infrastructure. Proc. 2005-75) received November 29, 2005, torate Identifier 2005-NM-031-AD; Amend- 5580. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment 39-14336; AD 2005-20-39] (RIN: 2120-AA64) FAA, Department of Transportation, trans- mittee on Ways and Means. received November 16, 2005, pursuant to 5 mitting the Department’s final rule — Air- 5589. A letter from the Acting Chief, Publi- U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Empresa de cations and Regulations Branch, Internal Transportation and Infrastructure. Aeronautica S.A. (EMBRAER) Model EMB- Revenue Service, transmitting the Service’s 5573. A letter from the Program Analyst, 135BJ, -135ER, -135KE, -13KL, -135LR, -145, final rule — Retail Industry — Audit Tech- FAA, Department of Transportation, trans- -145ER, -145MR, -145LR, -145XR, -145MP, and nique Guide (ATG) — received November 29,

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 CONGRESSIONAL RECORD—HOUSE 27875 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Judiciary, and in addition to the Com- H.R. 4479. A bill to repeal provisions of the Committee on Ways and Means. mittee on Ways and Means, for a period to be Energy Policy Act of 2005, and for other pur- 5590. A letter from the Regulations Coordi- subsequently determined by the Speaker, in poses; to the Committee on Ways and Means, nator, CMS, Department of Heath and each case for consideration of such provi- and in addition to the Committees on Re- Human Services, transmitting the Depart- sions as fall within the jurisdiction of the sources, Science, Energy and Commerce, ment’s final rule — Medicare Program; Elec- committee concerned. Education and the Workforce, and Small tronic Submission of Medicare Claims [CMS- By Mr. GOODLATTE: Business, for a period to be subsequently de- 0008-F] (RIN: 0938-AM22) received November H.R. 4473. A bill to reauthorize and amend termined by the Speaker, in each case for 22, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); the Commodity Exchange Act to promote consideration of such provisions as fall with- jointly to the Committees on Ways and legal certainty, enhance competition, and re- in the jurisdiction of the committee con- Means and Energy and Commerce. duce systemic risk in markets for futures cerned. By Mr. TURNER (for himself, Mr. f and over-the-counter derivatives, and for other purposes; to the Committee on Agri- ENGLISH of Pennsylvania, Mr. BOEH- REPORTS OF COMMITTEES ON culture, and in addition to the Committee on NER, Mr. GILLMOR, Mr. TIBERI, Mr. PUBLIC BILLS AND RESOLUTIONS Financial Services, for a period to be subse- SHAYS, Mr. LATOURETTE, Mr. HOBSON, Mr. NEY, Ms. HART, Mr. REGULA, Ms. Under clause 2 of rule XIII, reports of quently determined by the Speaker, in each case for consideration of such provisions as PRYCE of Ohio, Mr. GERLACH, Mr. committees were delivered to the Clerk fall within the jurisdiction of the committee KLINE, Mrs. JONES of Ohio, Mr. for printing and reference to the proper concerned. OXLEY, and Mrs. JOHNSON of Con- calendar, as follows: By Mr. BARROW (for himself, Ms. necticut): H.R. 4480. A bill to amend the Internal Rev- Mr. SENSENBRENNER: Committee on the VELA´ ZQUEZ, Ms. MOORE of Wisconsin, enue Code of 1986 to provide tax incentives Judiciary. H.R. 972. A bill to authorize ap- Ms. EDDIE BERNICE JOHNSON of Texas, for the remediation of contaminated sites; to propriations for fiscal years 2006 and 2007 for Mr. DAVIS of Alabama, Mr. CLAY, Mr. the Committee on Ways and Means. the Trafficking Victims Protection Act of SCOTT of Georgia, Mrs. CHRISTENSEN, By Mr. HINCHEY (for himself, Mr. 2000, and for other purposes; with an amend- Mrs. JONES of Ohio, Mr. OWENS, Mr. SHAYS, Mr. ENGEL, Mr. GRIJALVA, Mr. ment (Rept. 109–317 Pt. 2). Referred to the GRIJALVA, Ms. BORDALLO, Mr. TOWNS, HOLT, Ms. MCKINNEY, Mr. THOMPSON Committee of the Whole House on the State Mr. WYNN, Ms. KILPATRICK of Michi- of Mississippi, Mr. EVANS, Mr. SAND- of the Union. gan, Mr. MEEKS of New York, Mr. ERS, Mr. MARKEY, Mr. PAYNE, Mr. Mr. POMBO: Committee on Resources. CONYERS, Ms. MILLENDER-MCDONALD, HASTINGS of Florida, Mr. LEVIN, Mr. H.R. 1090. A bill to designate a Forest Serv- Mr. CASE, Mr. DAVIS of Illinois, Ms. MCDERMOTT, Mr. NADLER, Mr. TOWNS, ice trail at Waldo Lake in the Williamette CORRINE BROWN of Florida, Ms. JACK- Mr. FARR, Mr. RANGEL, Ms. National Forest in the State of Oregon as a SON-LEE of Texas, Mr. FORD, Mr. SCHWARTZ of Pennsylvania, Mr. national recreation trail in honor of Jim CUMMINGS, Mr. LEWIS of Georgia, Mr. OWENS, Mrs. MALONEY, Mrs. LOWEY, Weaver, a former Member of the House of AL GREEN of Texas, Mr. BUTTERFIELD, Ms. CARSON, Ms. WOOLSEY, and Mr. Representatives; with an amendment (Rept. Mr. UDALL of New Mexico, Ms. LEE, MCNULTY): Ms. BEAN, Mr. MICHAUD, Mr. LIPINSKI, 109–331). Referred to the Committee of the H.R. 4481. A bill to amend the Internal Rev- Whole House on the State of the Union. Ms. MCKINNEY, and Ms. LINDA T. ´ enue Code of 1986 to extend the financing for Mr. POMBO: Committee on Resources. S. SANCHEZ of California): Superfund for purposes of cleanup activities 362. An act to establish a program within the H.R. 4474. A bill to enhance the section 8(a) with respect to Hurricanes Katrina and Rita, National Oceanic and Atmospheric Adminis- program of the Small Business Act; to the and for other purposes; to the Committee on tration and the United States Coast Guard to Committee on Small Business. Ways and Means, and in addition to the Com- help identify, determine sources of, assess, By Ms. JACKSON-LEE of Texas (for mittees on Energy and Commerce, and reduce, and prevent marine debris and its ad- herself, Ms. WATSON, Mr. RUSH, Ms. Transportation and Infrastructure, for a pe- verse impacts on the marine environment LEE, Mr. BRADY of Pennsylvania, Mr. riod to be subsequently determined by the and navigation safety, in coordination with HASTINGS of Florida, Ms. KILPATRICK Speaker, in each case for consideration of non-Federal entities, and for other purposes; of Michigan, Mr. MCDERMOTT, Mr. such provisions as fall within the jurisdic- with an amendment (Rept. 109–332 Pt. 1). Or- CONYERS, Mr. SERRANO, Mrs. MALO- tion of the committee concerned. dered to be printed. NEY, Mr. BISHOP of Georgia, Mr. PAL- By Mr. INGLIS of South Carolina: Mr. SENSENBRENNER: Committee of LONE, Mr. BROWN of Ohio, Mr. MEEKS H.R. 4482. A bill to extend the temporary Conference. Conference report on H.R. 3199. of New York, and Mr. CHABOT): suspension of duty on certain manufacturing A bill to extend and modify authorities need- H.R. 4475. A bill to direct the Architect of equipment; to the Committee on Ways and ed to combat terrorism, and for other pur- the Capitol to enter into a contract to revise Means. poses (Rept. 109–333). Ordered to be printed. the statue commemorating women’s suffrage By Mr. INGLIS of South Carolina: located in the rotunda of the United States H.R. 4483. A bill to extend the temporary f Capitol to include a likeness of Sojourner suspension of duty on certain manufacturing PUBLIC BILLS AND RESOLUTIONS Truth; to the Committee on House Adminis- equipment; to the Committee on Ways and Means. Under clause 2 of rule XII, public tration. By Ms. DELAURO (for herself, Mrs. By Mr. INGLIS of South Carolina: bills and resolutions were introduced LOWEY, and Mr. CASE): H.R. 4484. A bill to extend the temporary and severally referred, as follows: H.R. 4476. A bill to establish a global net- suspension of duty on certain manufacturing By Mr. CLAY: work for avian influenza surveillance among equipment; to the Committee on Ways and H.R. 4471. A bill to amend the Home Owner- wild birds nationally and internationally to Means. ship and Equity Protection Act of 1994 and combat the growing threat of bird flu, and By Mr. INGLIS of South Carolina: other sections of the Truth in Lending Act, for other purposes; to the Committee on En- H.R. 4485. A bill to extend the temporary suspension of duty on certain manufacturing so as to enact the ‘‘Fair and Responsible ergy and Commerce, and in addition to the equipment; to the Committee on Ways and Lending Act’’; to provide for definitions; to Committees on Resources, and Agriculture, Means. provide for prohibited practices and limita- for a period to be subsequently determined By Mr. INGLIS of South Carolina: tions relating to high-cost home loans; to by the Speaker, in each case for consider- H.R. 4486. A bill to suspend temporarily the provide for prohibited practices and limita- ation of such provisions as fall within the ju- duty on certain integrated machines for tions relating to home loans; to provide for risdiction of the committee concerned. manufacturing pneumatic tires; to the Com- penalties and remedies and enforcement; to By Mr. ENGLISH of Pennsylvania: mittee on Ways and Means. provide for corrections of certain uninten- H.R. 4477. A bill to authorize Federal By Mr. INGLIS of South Carolina: tional violations; to provide for coordination judges to carry firearms; to the Committee H.R. 4487. A bill to extend the temporary with state laws; to provide for related mat- on the Judiciary. suspension of duty on certain manufacturing ters; to provide for consumer counseling re- By Mr. FITZPATRICK of Pennsylvania equipment; to the Committee on Ways and quirements; to expand housing counseling (for himself and Mrs. LOWEY): Means. opportunities; and for other purposes; to the H.R. 4478. A bill to amend the Public By Mr. INGLIS of South Carolina: Committee on Financial Services. Health Service Act to extend the program of H.R. 4488. A bill to extend the temporary By Mr. SENSENBRENNER: grants for rape prevention education, and for suspension of duty on certain rolled glass in H.R. 4472. A bill to protect children, to se- other purposes; to the Committee on Energy sheets; to the Committee on Ways and cure the safety of judges, prosecutors, law and Commerce. Means. enforcement officers, and their family mem- By Mr. HIGGINS (for himself, Mr. MAR- By Mr. INGLIS of South Carolina: bers, to reduce and prevent gang violence, KEY, Mr. BISHOP of New York, Ms. H.R. 4489. A bill to extend the temporary and for other purposes; to the Committee on DELAURO, Mr. RUSH, and Mr. ISRAEL): suspension of duty on certain manufacturing

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27876 CONGRESSIONAL RECORD—HOUSE December 8, 2005 equipment; to the Committee on Ways and tation and subsistence in cases where dis- ADDITIONAL SPONSORS Means. trict courts are holding special sessions as a By Mr. JINDAL: result of emergency conditions; to the Com- Under clause 7 of rule XII, sponsors H.R. 4490. A bill to provide higher edu- mittee on the Judiciary. were added to public bills and resolu- cation relief to individuals and institutions By Mr. SESSIONS (for himself, Mr. tions as follows: affected by Hurricanes Katrina and Rita, and POE, Mr. SULLIVAN, Mr. TANCREDO, H.R. 87: Mr. ROTHMAN. for other purposes; to the Committee on and Mr. HAYWORTH): H.R. 227: Mr. SANDERS. Education and the Workforce. H.R. 4497. A bill to establish terms and con- H.R. 282: Mr. EVERETT. By Mr. LARSON of Connecticut (for ditions for delivery bonds in immigration H.R. 389: Mr. PLATTS. himself, Mr. KING of New York, Mr. cases, and for other purposes; to the Com- H.R. 445: Mr. PASCRELL and Mr. BARRETT of NEAL of Massachusetts, Ms. JACKSON- mittee on the Judiciary. South Carolina. LEE of Texas, Mr. RUPPERSBERGER, By Mr. STRICKLAND: H.R. 515: Mr. MILLER of North Carolina. Mr. RANGEL, Mr. WEXLER, Mr. PAYNE, H.R. 4498. A bill to amend the Immigration H.R. 517: Mr. JENKINS, Mr. OSBORNE, Mr. Mr. SCHWARZ of Michigan, Mr. TER- and Nationality Act to authorize a case-by- MCCOTTER, Mr. CUELLAR, Mr. ETHERIDGE, Mr. RY, Mr. CLEAVER, Mr. SHIMKUS, Mr. case waiver of certain naturalization re- FORD, and Mr. CHANDLER. SMITH of New Jersey, Mr. ENG- quirements for children of members of the H.R. 551: Mr. MCNULTY. LISH of Pennsylvania, and Mr. GOR- Armed Forces who are adopted outside the H.R. 557: Mr. RADANOVICH. DON): United States; to the Committee on the Ju- H.R. 558: Mr. GENE GREEN of Texas. H.R. 4491. A bill to provide loans and diciary. H.R. 602: Ms. MOORE of Wisconsin and Ms. grants for fire sprinkler retrofitting in nurs- By Mr. HYDE (for himself and Mr. LAN- EDDIE BERNICE JOHNSON of Texas. ing facilities; to the Committee on Energy TOS): H.R. 615: Mr. BILIRAKIS. and Commerce. H. Con. Res. 312. Concurrent resolution H.R. 752: Ms. HERSETH, Mr. THOMPSON of By Mrs. MALONEY (for herself, Ms. urging the Government of the Russian Fed- Mississippi, and Mrs. MALONEY. WATERS, and Mr. MELANCON): eration to withdraw or modify proposed leg- H.R. 769: Mr. WALSH. H.R. 4492. A bill to amend the Robert T. islation that would have the effect of se- H.R. 772: Mr. EVANS. Stafford Disaster Relief and Emergency As- verely restricting the establishment, oper- H.R. 872: Mr. BOYD, Mr. LARSEN of Wash- sistance Act to reauthorize the temporary ations, and activities of domestic and foreign ington, Mr. MCDERMOTT, Mr. SMITH of Wash- mortgage and rental payments program; to nongovernmental organizations in the Rus- ington, and Mr. MICHAUD. the Committee on Transportation and Infra- sian Federation; to the Committee on Inter- H.R. 874: Ms. HARRIS. structure. national Relations. H.R. 884: Ms. LEE. By Mr. OBERSTAR (for himself, Ms. By Mr. PAYNE (for himself, Mr. SMITH H.R. 896: Mrs. KELLY. NORTON, Mr. CUMMINGS, Ms. MILLEN- of New Jersey, Mr. CONYERS, Mr. H.R. 916: Ms. MCKINNEY. DER-MCDONALD, Mr. HIGGINS, Ms. MEEKS of New York, Ms. MCCOLLUM H.R. 930: Ms. CARSON. CORRINE BROWN of Florida, Mr. COS- of Minnesota, Ms. WATSON, Mr. H.R. 964: Mr. FRANK of Massachusetts and TELLO, Ms. BERKLEY, Mr. RAHALL, TANCREDO, and Ms. LEE): Mr. BERRY. Mr. BAIRD, Mr. NADLER, Ms. CARSON, H. Con. Res. 313. Concurrent resolution H.R. 972: Mr. STARK. Mr. CAPUANO, Mr. DEFAZIO, Mr. commending the people of the Republic of H.R. 997: Mr. WALDEN of Oregon. HONDA, Mr. LARSEN of Washington, Liberia for holding peaceful national elec- H.R. 1059: Mr. MICHAUD. Mr. BLUMENAUER, Mr. SALAZAR, Mr. tions in 2005 and congratulating President H.R. 1124: Mr. ABERCROMBIE. HOLDEN, Ms. EDDIE BERNICE JOHNSON Ellen Johnson-Sirleaf on her victory and be- H.R. 1131: Mr. ALEXANDER, Mr. BISHOP of of Texas, Mr. WEINER, Mr. BISHOP of coming the first female president of any Af- Georgia, Mr. THOMPSON of Mississippi, and New York, Mr. CARNAHAN, Mr. FIL- rican country; to the Committee on Inter- Mr. HONDA. NER, Mr. MENENDEZ, Mr. TAYLOR of national Relations. H.R. 1141: Mr. BAKER. Mississippi, Mr. BOSWELL, Mr. By Mr. SHAYS: H.R. 1290: Mr. HONDA. MATHESON, Ms. SCHWARTZ of Pennsyl- H. Con. Res. 314. Concurrent resolution rec- H.R. 1306: Mr. BECERRA, Mr. JEFFERSON, vania, Mr. CHANDLER, Mr. MICHAUD, ognizing the artistic excellence and commu- and Mr. POMBO. and Mr. DAVIS of Tennessee): nity value of a national service organization H.R. 1333: Mr. MICHAUD, Mr. SMITH of Wash- H.R. 4493. A bill to reestablish the Federal for the performing arts and how this commu- ington, Mr. THOMPSON of Mississippi, and Ms. Emergency Management Agency as a cabi- nity improves diplomacy through global cul- LORETTA SANCHEZ of California. net-level independent establishment in the tural exchange by the celebration of human- H.R. 1348: Ms. MCKINNEY. executive branch that is responsible for the ity’s transcendent power to imagine and cre- H.R. 1366: Mr. CASE. Nation’s preparedness and response to disas- ate across geographic, political and cultural H.R. 1380: Mr. DENT and Mr. HINOJOSA. ters, and for other purposes; to the Com- borders; to the Committee on International H.R. 1402: Mr. LATOURETTE. mittee on Transportation and Infrastruc- Relations. H.R. 1405: Mr. ABERCROMBIE. ture, and in addition to the Committee on By Ms. PELOSI: H.R. 1424: Mr. NEAL of Massachusetts. Homeland Security, for a period to be subse- H. Res. 591. A resolution raising a question H.R. 1426: Mr. WYNN. quently determined by the Speaker, in each of the privileges of the House. H.R. 1456: Mr. CONYERS. case for consideration of such provisions as By Mr. LANGEVIN (for himself, Mr. H.R. 1594: Ms. LORETTA SANCHEZ of Cali- fall within the jurisdiction of the committee RAMSTAD, Mr. OWENS, Mr. VAN HOL- fornia. concerned. LEN, Mr. GRIJALVA, and Mr. LANTOS): H.R. 1634: Mr. MACK and Mr. PLATTS. By Mr. PLATTS (for himself and Mr. H. Res. 592. A resolution commemorating H.R. 1646: Ms. JACKSON-LEE of Texas, Mr. MATHESON): the life, achievements, and contributions of LANTOS, and Mr. CASE. H.R. 4494. A bill to repeal the provision of Alan Reich; to the Committee on Education H.R. 1665: Mr. STARK. law that provides automatic pay adjust- and the Workforce. H.R. 1669: Mr. BOOZMAN. ments for Members of Congress; to the Com- By Mr. MARKEY: H.R. 1704: Mr. ROGERS of Michigan and Mr. mittee on House Administration, and in ad- H. Res. 593. A resolution directing the Sec- TURNER. dition to the Committee on Government Re- retary of State, the Secretary of Defense, the H.R. 1951: Ms. WOOLSEY and Mr. LEACH. form, for a period to be subsequently deter- Secretary of Homeland Security, and the At- H.R. 2134: Mr. EVANS and Mr. KUCINICH. mined by the Speaker, in each case for con- torney General, and requesting the Presi- H.R. 2206: Mr. SCOTT of Georgia, Mr. CON- sideration of such provisions as fall within dent, to provide certain information to the AWAY, Mr. JENKINS, and Mr. ENGEL. the jurisdiction of the committee concerned. House of Representatives relating to extraor- H.R. 2378: Mr. MCHUGH. By Mr. RENZI (for himself, Mr. SIMP- dinary rendition of certain foreign persons; H.R. 2521: Mr. HIGGINS. SON, and Mr. OTTER): to the Committee on International Rela- H.R. 2554: Mr. THOMPSON of Mississippi, Mr. H.R. 4495. A bill to direct the Adminis- tions. BUTTERFIELD, Mr. DAVIS of Illinois, Mr. trator of the Environmental Protection FATTAH, Ms. LEE, Ms. JACKSON-LEE of Texas, Agency to extend by two years the date by f Ms. EDDIE BERNICE JOHNSON of Texas, Ms. which small public water systems must com- KAPTUR, Mr. MCGOVERN, Ms. MOORE of Wis- ply with the maximum contaminant level for PRIVATE BILLS AND consin, Mr. RANGEL, Mr. RUSH, Mr. TOWNS, arsenic in drinking water; to the Committee RESOLUTIONS Mr. CAPUANO, Ms. CARSON, Mrs. CHRISTEN- on Energy and Commerce. SEN, Mr. CONYERS, Mr. CUMMINGS, Mr. AL By Mr. SENSENBRENNER (for himself Under clause 3 of rule XII, GREEN of Texas, Mr. LEWIS of Georgia, Mr. and Mr. CONYERS): Mr. BAIRD introduced a bill (H.R. 4499) for MCDERMOTT, Mr. OLVER, Mr. PASTOR, Mr. H.R. 4496. A bill to amend title 28, United the relief of Juanita Jimenez; which was re- PAYNE, Ms. SOLIS, and Mr. STARK. States Code, to provide for certain transpor- ferred to the Committee on the Judiciary. H.R. 2592: Mr. FRANK of Massachusetts.

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H.R. 2629: Mr. LEACH and Ms. MCKINNEY. H.R. 4196: Mr. GRIJALVA and Mr. MCDER- H. Con. Res. 302: Mr. SODREL and Mr. RYUN H.R. 2646: Mr. BLUMENAUER. MOTT. of Kansas. H.R. 2669: Mr. LANTOS, Ms. KAPTUR, and H.R. 4200: Mr. KUHL of New York. H. Res. 357: Ms. CORRINE BROWN of Florida. Mr. LARSON of Connecticut. H.R. 4212: Ms. MCKINNEY. H. Res. 411: Mr. MCNULTY and Mr. GARY G. H.R. 2695: Mr. DAVIS of Illinois. H.R. 4223: Mr. MILLER of North Carolina. MILLER of California. H.R. 2872: Mr. WELDON of Pennsylvania, H.R. 4225: Mr. BACA and Ms. SOLIS. H. Res. 414: Mr. ANDREWS. Mr. SHERWOOD, Mr. PEARCE, Mr. LUCAS, Mr. H.R. 4228: Mr. REICHERT. H. Res. 477: Ms. WATSON and Ms. CARSON. COLE of Oklahoma, Mr. GARY G. MILLER of H.R. 4231: Mr. DAVIS of Illinois. H. Res. 489: Mr. PASTOR. California, Mr. RANGEL, Ms. MCKINNEY, and H.R. 4233: Mr. FILNER, Mr. FATTAH, and Ms. H. Res. 504: Mr. CONAWAY and Mr. BAKER. Mr. MCGOVERN. MCKINNEY. H. Res. 517: Mr. HIGGINS and Mr. WEXLER. H.R. 4259: Ms. WOOLSEY. H.R. 2928: Ms. SCHWARTZ of Pennsylvania. H. Res. 521: Ms. WATSON, Mr. MCGOVERN, H.R. 4294: Mr. GREEN of Wisconsin. H.R. 2961: Mr. TAYLOR of Mississippi and and Mr. MENENDEZ. H.R. 4300: Mr. WAMP. Mr. HINCHEY. H. Res. 526: Mr. SMITH of Washington. H.R. 4313: Mr. GORDON, Mrs. MUSGRAVE, Mr. H.R. 3046: Mr. FATTAH, Mr. SIMMONS, Mr. H. Res. 529: Mr. BILIRAKIS. PRICE of Georgia, and Mr. BOOZMAN. LEACH, and Mr. PRICE of North Carolina. H. Res. 545: Mr. MCCOTTER, Mr. BONNER, H.R. 4315: Mr. KING of Iowa, Mr. SOUDER, H.R. 3072: Ms. JACKSON-LEE of Texas and Mr. SCHIFF, Ms. HARRIS, Mr. ROHRABACHER, Mr. GINGREY, Mr. LINCOLN DIAZ-BALART of Mr. THOMPSON of Mississippi. Mr. WICKER, Mr. WOLF, Mr. CROWLEY, Mr. Florida, Mr. LIPINSKI, Mr. SHIMKUS, Mr. H.R. 3095: Mr. DEAL of Georgia and Mr. CHABOT, Mr. PENCE, Mr. BACHUS, Mr. PLATTS, Mr. PUTNAM, Mr. CASE, and Mr. FOR- POE. TANCREDO, Mr. SMITH of New Jersey, Mrs. JO TENBERRY. H.R. 3127: Mr. HIGGINS, Mr. LARSON of Con- H.R. 4317: Mr. ALEXANDER and Mr. JONES of ANN DAVIS of Virginia, Mr. CARDOZA, Mr. necticut, and Mr. NEAL of Massachusetts. North Carolina. ADERHOLT, Mr. DAVIS of Alabama, and Mr. H.R. 3142: Mr. GRIJALVA. H.R. 4321: Mr. MILLER of Florida. BURTON of Indiana. H.R. 3248: Mr. ROTHMAN, Mr. BAIRD, and H.R. 4330: Mr. BILIRAKIS. H. Res. 548: Mr. PAYNE, Mr. BERMAN, Mr. Mr. NADLER. H.R. 4334: Mr. YOUNG of Florida. ROYCE, and Mr. MENENDEZ. H.R. 3254: Mr. ROTHMAN. H.R. 4341: Mr. BERRY, Mr. KINGSTON, and H. Res. 561: Mr. SIMMONS and Mr. WOLF. H.R. 3307: Mr. ORTIZ and Mr. LINCOLN DIAZ- Mr. SHERWOOD. H. Res. 573: Mr. HOLT, Mr. HASTINGS of BALART of Florida. H.R. 4350: Mr. GRIJALVA, Mr. HINCHEY, and Florida, Mr. MCDERMOTT, and Ms. JACKSON- H.R. 3319: Mr. ENGLISH of Pennsylvania. Ms. JACKSON-LEE of Texas. LEE of Texas. H.R. 3334: Mr. HAYWORTH, Mr. EVANS, Mr. H.R. 4351: Mr. STUPAK and Mr. GRIJALVA. H. Res. 574: Ms. ROYBAL-ALLARD, Mr. NOR- FARR, and Ms. MOORE of Wisconsin. H.R. 4357: Mr. MCHUGH. WOOD, Mr. UDALL of Colorado, Mr. BERMAN, H.R. 3372: Mr. BERMAN. H.R. 4370: Mr. HIGGINS. Ms. SOLIS, and Mr. HONDA. H.R. 3373: Ms. GRANGER, Mr. SANDERS, and H.R. 4372: Mr. THOMPSON of Mississippi and H. Res. 575: Mr. HIGGINS, Mr. BOSWELL, Ms. Mr. KELLER. Mr. GRIJALVA. HART, Mr. CHOCOLA, Mrs. KELLY, Mr. ENGEL, H.R. 3406: Ms. MCCOLLUM of Minnesota. H.R. 4384: Mr. UDALL of New Mexico. Mrs. DRAKE, Mrs. LOWEY, Mr. SOUDER, Mr. H.R. 3476: Mr. VAN HOLLEN. H.R. 4391: Mr. ALEXANDER. FRELINGHUYSEN, Mr. BASS, Mr. LOBIONDO, H.R. 3616: Mr. CAPUANO, Mr. CUMMINGS, Mr. H.R. 4392: Mr. SANDERS, Mr. BROWN of Ohio, Mr. TERRY, Mr. CUELLAR, Mr. TIAHRT, Mr. FITZPATRICK of Pennsylvania, Mr. SCOTT of and Mr. GRIJALVA. MARCHANT, Mrs. JO ANN DAVIS of Virginia, Georgia, Mr. GILLMOR, Mr. SCHIFF, Mr. NEAL H.R. 4411: Mr. SHADEGG, Mr. KENNEDY of Mr. STRICKLAND, Mr. RANGEL, Mr. HOLDEN, of Massachusetts, Mr. BARROW, Mr. PAYNE, Minnesota, Mr. FRANKS of Arizona, Mr. Mr. CARDIN, Mr. AL GREEN of Texas, Mr. and Mr. CARNAHAN. TERRY, and Ms. HOOLEY. WICKER, Mr. MELANCON, Mr. BONILLA, Mr. H.R. 3628: Mr. MCNULTY. H.R. 4412: Mr. MILLER of Florida. COLE of Oklahoma, Mr. SESSIONS, Mr. FOLEY, H.R. 3640: Mr. RANGEL. H.R. 4424: Mr. MCNULTY and Mr. PAYNE. Mr. DOOLITTLE, Mr. PORTER, Mr. ISRAEL, Mr. CHAKOWSKY RIJALVA H.R. 3641: Mr. SANDERS. H.R. 4434: Ms. S , Mr. G , BISHOP of Georgia, Mr. SIMMONS, Mr. SAM ACKSON EE H.R. 3642: Mr. CLEAVER and Mr. RANGEL. and Ms. J -L of Texas. JOHNSON of Texas, Mr. GENE GREEN of Texas, H.R. 4435: Ms. SCHAKOWSKY and Mr. GRI- H.R. 3731: Mr. GRIJALVA. Mr. FORBES, Mr. KLINE, Mr. BISHOP of New JALVA. H.R. 3748: Ms. WASSERMAN SCHULTZ. York, Mr. NUNES, Mr. FLAKE, Mr. STUPAK, H.R. 4437: Mr. PETERSON of Minnesota, Mr. H.R. 3795: Mr. PAYNE and Mr. MCCOTTER. Mr. ACKERMAN, Mr. SHERWOOD, Mr. BOYD, GOODLATTE, Mr. ALEXANDER, and Mr. H.R. 3861: Mr. BLUMENAUER, Mr. THOMPSON and Mr. HOLT. FEENEY. of California, Ms. HARMAN, Mr. CARDOZA, Mr. H. Res. 578: Mr. WALSH. H.R. 4447: Mr. MCDERMOTT. KIND, and Mr. GENE GREEN of Texas. H. Res. 590: Mr. BOEHNER, Mrs. TAUSCHER, H.R. 4452: Mr. SHAYS, Mr. MCNULTY, Mr. H.R. 3883: Mr. BERRY, Mr. CRENSHAW, Mr. Mrs. DAVIS of California, Mr. HOBSON, Mr. BURTON of Indiana, Ms. WATERS, Mr. DICKS, CARTER, and Mr. MCINTYRE. BUTTERFIELD, Mr. PALLONE, and Mr. and Mrs. MALONEY. H.R. 3911: Mr. CUELLAR. SCHWARZ of Michigan. H.J. Res. 3: Mr. CARDOZA and Mr. SOUDER. H.R. 3954: Mr. DOGGETT and Mr. OBERSTAR. H.J. Res. 60: Mr. TAYLOR of North Carolina. f H.R. 3957: Mr. DAVIS of Illinois and Mr. H.J. Res. 73: Ms. PELOSI, Ms. KILPATRICK of RAMSTAD. Michigan, Mr. WU, Mr. DELAHUNT, Mr. UDALL DELETIONS OF SPONSORS FROM H.R. 3985: Mr. FRANK of Massachusetts, Mr. of Colorado, Mr. UDALL of New Mexico, Mr. PUBLIC BILLS AND RESOLUTIONS UDALL of New Mexico, Mr. BISHOP of New OLVER, Ms. KAPTUR, Mr. PASTOR, Mr. MOLLO- York, Ms. MOORE of Wisconsin, and Ms. Under clause 7 of rule XII, sponsors HAN, Mr. RAHALL, Mr. RYAN of Ohio, Mr. WOOLSEY. were deleted from public bills and reso- MICHAUD, Ms. BALDWIN, Mr. JACKSON of Illi- H.R. 4019: Mr. FEENEY. lutions as follows: nois, and Ms. LORETTA SANCHEZ of Cali- H.R. 4028: Mr. NORWOOD. fornia. H.R. 3875: Mr. WEXLER. H.R. 4033: Mrs. MALONEY. H. Con. Res. 88: Mr. FRANK of Massachu- H.R. 4099: Mr. BISHOP of Georgia. H.R. 4049: Mrs. BONO, Mr. ISSA, Ms. WOOL- setts, Mr. CLAY, Mr. GERLACH, and Mr. f SEY, Mr. CALVERT, and Mr. ROHRABACHER. MCNULTY. H.R. 4078: Mr. EVERETT, Mrs. DRAKE, and H. Con. Res. 90: Mr. EHLERS. DISCHARGE PETITIONS Mr. SOUDER. H. Con. Res. 123: Mr. PAYNE. H.R. 4100: Mr. JEFFERSON, Mr. MCCRERY, Under clause 2 of rule XV, the fol- H. Con. Res. 158: Mr. STARK. lowing discharge petition was filed: Mr. ALEXANDER, Mr. BOUSTANY, Mr. MELAN- H. Con. Res. 231: Mr. MICHAUD. CON, and Mr. JINDAL. H. Con. Res. 271: Ms. LEE, Mr. VAN HOLLEN, Petition 4, December 6, 2005, by Ms. H.R. 4123: Mr. RUPPERSBERGER. Mr. DAVIS of Alabama, Mr. SERRANO, Mr. SLAUGHTER on House Resolution 460, was H.R. 4139: Mr. HINCHEY, Mr. OWENS, Mr. NADLER, Mr. BERMAN, Mr. COOPER, Ms. SOLIS, signed by the following Members: Louis M. DAVIS of Illinois, and Mr. TOWNS. Mr. GRIJALVA, Mr. CUMMINGS, Mr. KUCINICH, Slaughter, Neil Abercrombie, Alcee L. Has- H.R. 4167: Mr. PETERSON of Pennsylvania, Ms. KAPTUR, and Ms. MCKINNEY. tings, Barbara Lee, Lynn C. Woolsey, Mi- Mr. INGLIS of South Carolina, Mr. MILLER of H. Con. Res. 272: Mrs. DRAKE, Mr. PRICE of chael R. McNulty, James P. Moran, George Florida, Mr. GUTKNECHT, Mr. TANCREDO, Mr. North Carolina, Mr. CONYERS, and Mr. Miller, Leonard L. Boswell, Raul M. Grijalva, SALAZAR, Mr. MACK, Mr. HOBSON, Ms. HAR- EVANS. Danny K. Davis, Steny H. Hoyer, James R. RIS, Mr. KELLER, Mr. SHAYS, Mr. BOOZMAN, H. Con. Res. 278: Mr. STARK and Ms. ZOE Langevin, Lois Capps, Tammy Baldwin, Mr. MELANCON, Mr. TAYLOR of Mississippi, LOFGREN of California. James P. McGovern, Patrick J. Kennedy, Mr. LIPINSKI, Mr. CLAY, and Mrs. JONES of H. Con. Res. 282: Mr. OWENS, Mr. CONYERS, Cynthia McKinney, Hilda L. Solis, Loretta Ohio. and Mr. GRIJALVA. Sanchez, Doris O. Matsui, Carolyn McCar- H.R. 4173: Mr. OWENS and Mr. GRIJALVA. H. Con. Res. 287: Mr. GEORGE MILLER of thy, Michael M. Honda, Zoe Lofgren, Ste- H.R. 4194: Mr. STARK, Mr. DOGGETT, and California, Mr. MCDERMOTT, and Ms. phen F. Lynch, John W. Olver, Jesse L, Jack- Mr. NADLER. DELAURO. son, Jr., Kendrick B. Meek, Timothy H.

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IN HONOR OF JOHN MAURICE tauqua County for his quest to become the CONFERENCE REPORT ON H.R. 2862, MASSETTI elected representative to the sixteenth legisla- DEPARTMENTS OF COMMERCE tive district in the Chautauqua County Legisla- AND JUSTICE, SCIENCE, AND RE- HON. BETTY McCOLLUM ture. Although Mr. Thomas was not able to re- LATED AGENCIES APPROPRIA- OF MINNESOTA alize his dream, he has been able to make an TIONS ACT, 2006 IN THE HOUSE OF REPRESENTATIVES impact on others’ lives in a different way. Thursday, December 8, 2005 The campaign trail is a difficult path to take. HON. BETTY McCOLLUM OF MINNESOTA Ms. MCCOLLUM of Minnesota. Mr. Speak- Any person with a dream may enter but only IN THE HOUSE OF REPRESENTATIVES er, I rise to remember and honor John Mau- a few are able to reach the end. Mr. Thomas rice Massetti, a leader and tireless advocate traveled that path with his head held high and Thursday, December 8, 2005 for working families, who passed away on De- a smile on his face the entire way. I have no Ms. MCCOLLUM of Minnesota. Mr. Speak- cember 4th. John’s devotion to his family, doubt that his kind demeanor left a lasting im- er, I rise in support of the conference report friends and to causes that helped others is an pression on the voters of district 16. on H.R. 2862, the Departments of Commerce inspiration to so many people in Minnesota. and Justice, Science, and Related Agencies He will be missed by everyone who was fortu- Chautauqua County is blessed to have such Appropriations Act, for Fiscal Year 2006, nate enough to know him. strong candidates with a desire to make this though I do so with reservations. Throughout his life, John brought integrity county the wonderful place that we all know it This conference report, while providing in- and a sense of obligation to his fellow work- can be. Mr. Thomas is one of those people creased funding from the House-passed legis- ers, as well as to his community. For 20 of his and that is why, Mr. Speaker, I rise to honor lation, still fails to provide adequate funding 38 years working with Northwest Airlines, he him today. levels for state and local law enforcement. proudly served his brothers and sisters at Dis- However, I am pleased that Congress rejected trict 143 International Association of Machin- f the Administration’s proposal to eliminate ists and Aerospace Workers as secretary- funding for the COPS program, which is crit- treasurer of the union. During negotiations, he TRIBUTE TO REVEREND STEPHEN ical to our local law enforcement agencies that always put the needs of working families first. JOHN THURSTON are already underfunded. Funding for local John’s honest leadership instilled energy and and state law enforcement assistance in this loyalty that was contagious, helping to develop legislation funded at $1,142.7 million, which, the next generation of labor leaders. Retire- HON. HENRY CUELLAR although significantly less than was provided ment did not slow him down. John’s desire to help others extended well OF TEXAS in 2001, is an increase from the House-funded beyond his union family. He made a strong level of $1,069.2 million. Along with many of IN THE HOUSE OF REPRESENTATIVES personal commitment to Guide Dogs of Amer- my colleagues, I would have supported further increases in funding for our state and local law ica, helping to raise thousands of dollars to Thursday, December 8, 2005 provide free guide dogs and instruction in their enforcement and intend to work to make this use to blind and visually impaired men and Mr. CUELLAR. Mr. Speaker, I rise today to a priority in the next Congress. We owe our women across the country. His success at honor the Reverend Stephen John Thurston, a law enforcement officers the tools they need raising funds at the Annual Guide Dogs of man who has an unprecedented record of to protect our communities and our families. America Golf Tournament and the ‘‘Hawgs for service in the Baptist Church. I was also extremely surprised and dis- Dogs’’ motorcycle ride are legendary. appointed that the conferees stripped the Both he and his wife, Mary were also active Mr. Speaker, Reverend Thurston is a third amendment offered by Mr. SANDERS that in delivering Meals on Wheels among other generation preacher and pastor in the historic passed in the House overwhelmingly, by a volunteer activities. New Covenant Missionary Baptist Church in vote of 238–187, during consideration of H.R. I consider myself privileged to call John a Chicago, Illinois. Thurston is also the youngest 2862. This critical amendment would have friend, and was often witness to his enthusi- reverend to be named President of the Na- barred funds to carry out provisions of the astic participation in volunteer efforts he be- tional Baptist Convention of America, Incor- USA PATRIOT Act permitting law enforcement lieved in. We can all be proud of the life John porated. officials to obtain records from booksellers and lived, because his was a life dedicated to Reverend Thurston is a graduate of Bishop librarians. This amendment was a reasonable working for the good of all people. and needed amendment that would have re- College in Dallas, Texas were he received a My thoughts and prayers are with John’s stored the much-needed Congressional over- Bachelor of Arts Degree in Religion in 1975. wife, Mary; his son, Michael; his mother, Aida; sight to FBI searches. his stepdaughter, Candice and his many rel- He is also a highly sought after revivalist, and Congress wisely rejected the Administra- atives, friends and colleagues who loved him. his ministry has affected the lives of people as tion’s significant cuts to the Legal Services Mr. Speaker, please join me in paying trib- far away as the Caribbean and Africa. Corporation in this report. The Legal Services ute to the life of John Massetti. Two of the numerous honors Reverend Corporation is funded at $330.8 million in this f Thurston has received are America’s Best and report, a $12.6 million increase over the Presi- HONORING DAVID THOMAS ON HIS Brightest Young Business and Professional dent’s request. Legal Services Corporation CAMPAIGN TO BE ELECTED TO Men by Dollars and Sense magazine and Co- makes a significant impact in the lives of many THE CHAUTAUQUA COUNTY LEG- ordinator for Baptist World Alliance in Seoul, vulnerable citizens, and is often the only rea- ISLATIVE DISTRICT 16 Korea. son low-income families have access to our justice system. On November 29th, 2005, Reverend Thur- In order for the U.S. to remain competitive HON. BRIAN HIGGINS ston will be in San Antonio as a guest preach- and in order to ensure a skilled workforce in OF NEW YORK er for the Baptist Ministers Union of San Anto- this global marketplace, we must continue to IN THE HOUSE OF REPRESENTATIVES nio and Vicinity Communities year end serv- make critical and strategic investments in Thursday, December 8, 2005 ice. San Antonio is honored to host Reverend science and research. Science, and science Mr. HIGGINS. Mr. Speaker, I rise today to Thurston and is proud to have him as a guest education, are crucial elements to our society honor David Thomas, a resident of Chau- preacher. and our daily lives. I was very pleased with

● 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 Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27880 EXTENSIONS OF REMARKS December 8, 2005 the funding for the science agencies, including TRIBUTE TO WILLIAM MCGUIRE one another in a peaceful manner. During a NASA, and the National Science Foundation. time of great conflict and tension, the cities of NASA and NSF received increases of $273 HON. THOMAS M. REYNOLDS Boulder, Colorado, and Dushanbe, Tajikistan, million and $180.2 million respectively, both of OF NEW YORK united as the Sister Cities. Over the next 3 which represent larger investments than the IN THE HOUSE OF REPRESENTATIVES years, dozens of Tajikistani painters, President’s request. woodcarvers, and ceramicists worked on com- Thursday, December 8, 2005 I will support this conference report today, pleting Dushanbe’s gift to Boulder, the Boulder because it reflects an overall increase in in- Mr. REYNOLDS. Mr. Speaker, I am honored Dushanbe Teahouse. The result was a mag- vestments for our future. to rise today to pay tribute to William McGuire, nificent structure and a wonderful restaurant upon his retirement as head of Western New that offers exquisite cuisine and atmosphere. f York’s Kaleida Health. Now it is our turn to give back to the people Mr. Speaker, when Bill McGuire arrived in of Dushanbe. Planning is well underway for PAYING TRIBUTE TO DOUGLAS Buffalo in 2002, morale among Kaleida’s staff Boulder’s reciprocal gift of a cybercafe, which COUNTY HIGH SCHOOL VARSITY was at its nadir. The system had lost $125 will be part restaurant, learning center, and TEAM million in its first 5 years of existence, physi- Internet connection point. cians were fleeing, and the community was in Most of all it will be our way of connecting an uproar over a proposal that would have to Tajikistan—by sharing our culture, helping HON. THOMAS G. TANCREDO moved its Women and Children’s Hospital. Tajiks communicate with the outside world, OF COLORADO Just as doctors worked to heal Kaleida’s pa- providing educational resources, and investing IN THE HOUSE OF REPRESENTATIVES tients, Bill McGuire’s seemingly impossible in their community. At a time when inter- mission was to heal the health system itself. national understanding between countries and Thursday, December 8, 2005 And heal it he did. their citizens is more valuable than ever, this Mr. TANCREDO. Mr. Speaker, I would also As Ted Walsh, Chairman of the Kaleida project deserves strong support. Mr. Chairman, I’ve attached a June 2005 like to applaud the accomplishments of a Board of Directors once remarked, ‘‘Bill newspaper article from The Daily Camera group of Douglas County, Colorado student- McGuire arrived at a critical moment in highlighting progress on the cybercafe project. athletes. The Varsity Football team from Kaleida’s history and brought the organization I think it’s important to call attention to this Douglas County, High School—Emilio Acosta, from fiscal chaos to financial health and sta- project and the volunteer efforts of the Boul- Bobby Acsell, Mitch Acsell, Ethan Adkins, bility.’’ der-Dushanbe Sister Cities organization. On Weston Anderson, Carrett Angus, Charles Ar- In addition to bringing stability to Kaleida its website, the group writes about the nold, Will Arnold, Jermoe Atkinson, Joe Bar- Health, under Bill McGuire’s leadership, the cybercafe that it ‘‘hopes that that gathering low, Hunter Bartz, Anthony Bortot, Justin nationally-renowned Women and Children’s place, offering computer and Internet access Brown, Chris Cancino, Dillon Carlson, Tanner Hospital remains open, providing vital health rare in that part of the world, will bring to life Clark, Nate Cotanch, Dustin Davis, Luke care services to the Western New York com- the goal of helping people connect through Diehl, Rob Evans, Michael Facchinello, Joel munity. what they have in common rather than what Fassler, Steve Fendry, Grant Fisher, Kyle A graduate of the University of Notre Dame keeps them separate.’’ I share that hope and Folven, Kyle Galenza, Keiffer Garton, Andy and the University of Michigan, Bill McGuire commend the Boulder-Dushanbe Sister Cities Giepel, Ryan Groat, Nick Hernon, J.T. Her- previously served as President and CEO for organization for helping this project come to bert, Ben Hitchcock, Kaither Holiway, Tyler Catholic Medical Centers of Brooklyn and life. Jackson, Nick Kennedy, Drew Kesinger, Queens. He has held similar positions at a Logan Klossner, Cole Kranhenbuhl, Chris number of hospitals across the United States. [From the Daily Camera, June 20, 2005] Lagace, Eric Lawson, Zachary Loudon, Jordan Further, Bill McGuire has provided his time RESIDENTS WORK TO REPAY DEBT: DUSHANBE CYBERCAFE PROJECT IS EXPECTED TO START Lyons, Mark McCarron, Tim McGraw, Jordan and leadership to such organizations as the IN FALL Manghan, Kris Mansfield, Ryan Misare, Andy Greater NY Hospital Association, the Hospital (By Ryan Morgan) Muns, Cody Monroe, Matt Monroe, Andy Association of New York State, the Western New York Healthcare Association, the Greater Boulder owes the city of Dushanbe a Nappo, Zach Nye, James O’Hara, Drew cybercafe to reciprocate for a teahouse from O’Malley, CJ Oechle, Taylor Oswald, Dan NY Healthcare Association, Buffalo Niagara Partnership, and the Buffalo Niagara Medical the Tajikistani capital that opened in Boul- Oulliber, Curtis Prock, Matt Przylucki, Tucker der in 1998. Reddy, Ian Reither, Cory Reynolds, Spencer Campus. Now, after years of work, the Boulder resi- Rich, Landon Richey, Marcus Richtel, EJ Ri- Mr. Speaker, Bill McGuire once noted that dents organizing the cybercafe effort have vera, Josh Rodriquez, Jesse Royce, Joshua ‘‘people working together can make a real dif- received good news from Dushanbe officials: Ruff, Cody Sanders, Jacke Schwab, Jake ference. They can influence the future, rather They expect to break ground on the project Schultz, Aaron Shaffer, Richard Speact, Jeff than being a victim of it.’’ this fall. Bill McGuire’s leadership, commitment and Don Mock, a former Boulder city council- Stevens, Ryan Swope, Terrence Taylor, Chris man and co-president of Boulder-Dushanbe Treloar, Kevin Vanzet, Nick Voyles, Dominick service has influenced our future, the Western New York community is the better for it. Sister Cities, said his group learned late last Wagner, Chauncey Wahinya, Adam Walsh, week that city planners in Dushanbe had ap- Clint Weis, Cameron White, Mike Whitney, f proved a new site for the cafe. Joe Williams, Matt Zoeteway and their coach- TRIBUTE TO BOULDER-DUSHANBE ‘‘It looks like some of the final hurdles es, Jeff Ketron, Gene Hill, Buce Misare, Mike have been cleared,’’ he said. SISTER CITIES Much of the delay came after Mock and Wade, Kevin Folven, Lon Smith, Steve Bantz, other committee members realized that the RL Boyles, Pat McGrawl, Mike Smith, Jodie HON. MARK UDALL site originally proposed for the cybercafe— White, Brandon Gilbert and Melissa Mar- one that would have placed it in downtown OF COLORADO tinez—won the Colorado State Division 5A Dushanbe, next to a large concert hall and Football Championship on December 3, 2005. IN THE HOUSE OF REPRESENTATIVES the national library—wouldn’t work. After completing the season at 9–1, the Thursday, December 8, 2005 It turned out that city planners there wanted every building in that district to be Huskies were given the first place seeding in Mr. UDALL of Colorado. Mr. Speaker, I rise at least five stories tall, far beyond the ex- the State playoff bracket. They won the next today to recognize the Boulder-Dushanbe Sis- pected scale and cost of the planned four games and this outstanding group of ath- ter Cities organization and its ongoing work to cybercafe. So organizers had to find a new letes earned their first ever State Champion- develop friendship and understanding between site and alter the building’s design. ship. the citizens of Boulder, Colorado, and the citi- If all goes well, the cybercafe will sit in The Huskies have trained intensively while zens of Dushanbe, Tajikistan. Dushanbe’s Park of International Friend- ship, Mock said. maintaining a standard of academic excel- In 1987, two cities on opposite sides of the Mock said he thinks the cybercafe will lence throughout the season. It is my pleasure world, in countries on opposite sides of the give something of real value to residents of to honor their championship, and to wish them political spectrum, collaborated to bring their Dushanbe. It will offer books in Tajik and all the best in their future endeavors. respective traditions, culture, and history to Russian and a ‘‘cultural center,’’ he said.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00114 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 EXTENSIONS OF REMARKS 27881 ‘‘It’s going to be more than a place to vesting in America’s future, this Republican Connolly and Company is an upstanding check e-mail.’’ scam forces students to pay the price for a business in Texas that helps its many clients With a final plan in place, the sister cities mismanaged Republican budget. put their best foot forward. The firm has col- committee will now start redoubling its I ask my Republican colleagues to stand fundraising efforts. lected many awards and is regarded as one of ‘‘We want to be able to tell these big do- with us and students to protect America’s eco- the top firms in San Antonio. nors exactly what they’ll be getting for their nomic future, to not abandon the next genera- Mr. Speaker, I am proud to have had this donation,’’ Mock said. tion of American leaders and to defeat the cut- opportunity to celebrate the anniversary of The committee has raised about $400,000 ting and gutting of hope and opportunity for Connolly and Company. and will need to raise an additional $300,000, millions of American students. f he said. f Vern Seieroe, an architect helping to de- HONORING IRENE ALEXANDER sign the building, said he is relieved the HONORING ANTHONY RAFFA ON process of navigating an often confusing bu- HIS CAMPAIGN TO BE ELECTED HON. RAHM EMANUEL reaucracy located 7,000 miles away will fi- TO THE CHAUTAUQUA COUNTY OF ILLINOIS nally yield dividends. LEGISLATIVE DISTRICT 14 ‘‘You can only imagine the obscurity of IN THE HOUSE OF REPRESENTATIVES what the process is, seeing it and attempting Thursday, December 8, 2005 to understand it from this distance,’’ Seieroe HON. BRIAN HIGGINS said. ‘‘We’re learning a lot. Our learning OF NEW YORK Mr. EMANUEL. Mr. Speaker, I rise to recog- nize one of Chicago’s treasures, Mrs. Irene curve is almost vertical.’’ IN THE HOUSE OF REPRESENTATIVES Boulder’s colorful Dushanbe Teahouse was Alexander. also the culmination of several years’ work Thursday, December 8, 2005 Today Mrs. Alexander will perform a concert and delays. Tajik craftsmen carved the intri- Mr. HIGGINS. Mr. Speaker, I rise today to of Chopin and Gershwin pieces for victims of cate structure, disassembled it into 14 sec- honor Anthony Raffa, a resident of Chau- Hurricane Katrina. Following that, she will visit tions and shipped them to Boulder in 1990. tauqua County for his quest to become the Walter Reed Hospital to perform for wounded The sections sat in storage for years. In 1998, elected representative to the fourteenth legis- soldiers. Her final performance of the day will they were re-assembled and the teahouse fi- nally opened its doors. lative district in the Chautauqua County Legis- be for Navy veterans at a concert in Bethesda, lature. Although Mr. Raffa was not able to re- Maryland. While this schedule would be too f alize his dream he has been able to make an much strain for most, it is the norm for Mrs. THE REPUBLICAN RAID ON impact on other’s lives in a different way. Alexander, who is 85 years old. STUDENT AID The campaign trail is a difficult path to take. When she is back home in Chicago, Mrs. Any person with a dream may enter but only Alexander shares her musical gifts at nursing a few are able to reach the end. Mr. Raffa homes throughout the city, performing approxi- HON. BETTY McCOLLUM traveled that path with his head held high and mately 150 concerts each year. An accom- OF MINNESOTA a smile on his face the entire way. I have no plished pianist, she has played at Chicago’s IN THE HOUSE OF REPRESENTATIVES doubt that his kind demeanor left a lasting im- Orchestra Hall and at venues in Israel and Thursday, December 8, 2005 pression on the voters of district 14. China. Mr. Raffa has tried his hand in county poli- Mrs. Alexander has overcome several per- Ms. MCCOLLUM of Minnesota. Mr. Speak- tics many times. That is a respectable trait to sonal hardships in order to serve others. As a er, I rise today in support and in solidarity with have. Determination to do good things for your child, she overcame polio, and as an adult she America’s college students and our Nation’s county is one thing that Chautauqua County battled breast cancer. For the past 15 years, higher education institutions. Our competitive- residents strive for. He was a long time legis- she has suffered from macro-degeneration of ness in the global economy is built on the lator and a long time advocate for ‘‘good gov- the eyes, and is legally blind today. Through foundation of a highly educated workforce. My ernment.’’ it all she has continued to perform and serve Republican colleagues feel financial aid for Chautauqua County is blessed to have such as a source of inspiration for many. higher education is a privilege, not a nec- strong candidates with a desire to make this Mr. Speaker, I am proud to stand in recogni- essarily for American students. county the wonderful place that we all know it tion of Chicago’s most generous and talented The Republican strategy to cut and gut Fed- can be. Mr. Raffa is one of those people and citizens, Mrs. Irene Alexander. eral financial aid by over $14 billion hurts stu- that is why, Mr. Speaker, I rise to honor him dents, hurts families and threatens America’s f today. competitiveness. Harming higher education IN RECOGNITION AND REMEM- harms America. f BRANCE OF THE LIFE OF U.S. The Republican raid on student aid makes TRIBUTE TO T.J. CONNOLLY MARINE CORPS MASTER SER- the largest cut in the history of Federal student GEANT BRETT ANGUS financial aid, while also increasing the deficit HON. HENRY CUELLAR by $20 billion—adding more debt on the backs OF TEXAS HON. BETTY McCOLLUM of hard working Americans and students. IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA Tim McDonald attends Hamline University in IN THE HOUSE OF REPRESENTATIVES St. Paul, Minnesota. Tim spoke eloquently to Thursday, December 8, 2005 me last week against these cuts. Tim said: Mr. CUELLAR. Mr. Speaker, I rise today to Thursday, December 8, 2005 The generation that benefited from highly- honor the seventh anniversary of Connolly and Ms. MCCOLLUM of Minnesota. Mr. Speak- subsidized, affordable higher education is Company, a public relations, advertising and er, I thank you for the opportunity to recognize now pulling the ladder up with them and marketing firm in San Antonio which is located and honor the life of U.S. Marine Corps Mas- forcing us to debt finance not only our own in the district I represent, the 28th district of ter Sergeant Brett Evan Angus. education, but their tax cuts. . . Texas. Minnesota and St. Paul have lost another I came to Congress to promote hope and Mr. Speaker, in 1998, T.J. Connolly had a courageous serviceman. U.S. Marine Corps opportunity. Vocational schools, technical vision which he put into practice. He recog- Master Sergeant Brett E. Angus served his schools and our colleges and universities pro- nized a void in public relations that he thought Nation, his community and his family with vide America’s scientists, engineers, entre- he could fill with a company specializing in honor in one of the military’s most dangerous preneurs, teachers, nurses, law enforcement message management. jobs, as an ordnance disposal expert. Master officials—our future leaders, with the skills, Connolly and Company was started with Sergeant Angus was serving his second tour knowledge and opportunity to keep America one telephone, two computers, a secretary in Operation Iraqi Freedom when, on Novem- strong and prosperous. and one client. Seven years later, it’s a thriv- ber 26, 2005, an improvised explosive device Republican priorities cut and gut the vital re- ing public relations firm whose dynamic staff detonated while he was conducting combat sources students depend upon to achieve services clients in telecommunications, com- operations near Camp Taqaddum, Iraq. He their career goals and contribute to America. mercial real estate development, health care was assigned to Marine Wing Support Squad- Instead of investing in students, instead of in- and law—among many others. ron-372, Marine Wing Support Group-37, 3rd

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Tyler VanderVegt, Jeff Watt, Riley Williamson, tions within it, including Proctor of the Grand Master Sergeant Angus was born in St. Derrick Youhas, Eric Zane, Chuck Zimmerman Lodge of the State of New York, Potentate of Paul, Minnesota. His family history of military and their coaches, Joe Johnson, Joe White, the Ismalia Shrine Temple, Director and Presi- service dates back to the Civil War, and he Ryan Hollingshead, Jon Ackerman, Mick dent of the Shrine Oasis and Director of the followed his father, uncle and grandfather into Ward, Marty Moon, Kent Milius, Matt Chap- Buffalo Court 22 of Jesters. military service. He was an outstanding pro- man, Steve Miller, John Reyes, Joe Wegner, In addition to the Masons, gardening and fessional soldier who loved being a Marine Nick Grimm, Craig Kyllonen—won the Colo- travel, Ron Tills’ greatest love of all is the and earned several awards and medals for his rado State Division 4A Football Championship former Elizabeth Clarkson. Ron and Betty service. He was eligible for retirement this on December 3, 2005. were married on May 6, 1960, and are parents year, but chose to return to Iraq for a second After their undefeated season, the Grizzlies of Thomas and Suzanne and grandparents of tour of duty. As an ordnance disposal expert, gained the second place seeding in the State Dale Jr. and Diane Goodridge, and Timothy his family was constantly afraid of the danger playoff bracket. They won the next four games and Abigail Tills. his job put him in, but knew that his vital work and this outstanding group of athletes earned Mr. Speaker, in recognition of and in grati- was saving the lives of U.S. Armed Forces the right to be called State Champions. tude for his service, leadership and patriotism, and the Iraqi people. His vast knowledge and The Grizzlies have trained intensively while I ask that this Honorable Body join me in hon- expertise made him a valuable teacher for his maintaining a standard of academic excel- oring Judge Ronald H. Tills upon the occasion fellow Marines. lence throughout the season. It is my pleasure of his retirement, and wish him great health I extend my condolences and share in the to honor their championship, and to wish them and happiness in the days and years ahead. grief of his family and friends. Master Ser- all the best in their future endeavors. f geant Angus’ made the ultimate sacrifice while f serving our Nation, and we will be forever RECOGNIZING THE SMALL BUSI- TRIBUTE TO JUDGE RONALD H. NESS ADMINISTRATION’S COLO- grateful. The sympathies of all Americans go TILLS to his wife, Masami, his father, Russell, and to RADO DISTRICT OFFICE AND his family and friends. THE LEADERSHIP OF DISTRICT Master Sergeant Brett Angus is the 26th HON. THOMAS M. REYNOLDS DIRECTOR PATRICIA BARELA RI- service member from Minnesota to die in Iraq OF NEW YORK VERA IN THE HOUSE OF REPRESENTATIVES since 2003. I honor Brett Angus for his coura- geous service to this country, and his commit- Thursday, December 8, 2005 HON. MARK UDALL ment to protecting our freedom. Mr. REYNOLDS. Mr. Speaker, it is with OF COLORADO f great pride that I rise today to honor a re- IN THE HOUSE OF REPRESENTATIVES spected jurist, a dedicated public servant, a TRIBUTE TO THUNDER RIDGE Thursday, December 8, 2005 valued mentor and a trusted friend upon the HIGH SCHOOL VARSITY TEAM occasion of his retirement from the New York Mr. UDALL of Colorado. Mr. Speaker, I rise State Court of Claims. to recognize and congratulate the U.S. Small HON. THOMAS G. TANCREDO A native of Hamburg, New York, and a vet- Business Administration’s Colorado District Of- OF COLORADO eran of the United States Army Reserves, fice, under the leadership of District Director IN THE HOUSE OF REPRESENTATIVES Judge Ronald H. Tills began a career in public Patricia Barela Rivera, for directing a record $520 million into Colorado’s economy through Thursday, December 8, 2005 service that spanned five decades when he joined the Zoning Board of Appeals in 1960. its lending programs during 2005. The SBA Mr. TANCREDO. Mr. Speaker, I would also An Assistant Town Attorney and Town Justice, approved 2,255 loan guarantees, a 20 percent like to applaud the accomplishments of a Ron Tills was elected to the New York State increase over 2004, which is the highest num- group of Highlands Ranch, Colorado student- Assembly in 1968, where he served his com- ber of loans ever approved in Colorado. This athletes. The Varsity Football team from Thun- munity and his State with distinction, becom- critical investment will help strengthen Colo- der Ridge High School—Tyler Ames, William ing Chairman of the Assembly’s Select Com- rado’s economy and create jobs. Ard, Cody Barday, Jesse Bartholomew, mittee for Revision of Corporation Law. Many women and minority-owned busi- Damjan Bates, Dylan Baumgarten, Brian It was in his capacity as Member of the nesses are the beneficiaries of these SBA Behnke,Shay Belfiore, Kyle Black, Sean Bran- State Assembly that Judge Ron Tills took a loans. Of the total number of loans, 1,010 don, Lucas Braun, James Breidel, Shawn chance on a young college student with little worth $214.6 million went to women and mi- Brevig, John Callahan, Evan Carter, Chris political experience to help run his re-election nority firms, and 188 loans worth $38.7 million Carpenter, Hunter Caulder, Josh Ceccarelli, campaign in 1972. Joining his Assembly staff went to small businesses owned and operated Bryce Clark, Robert Clark, Phillip Clukies, following that election, my own career in gov- by veterans. Access to capital is critical in Mike Coffey, Chris Collins, Richie Cooper, ernment and public service was launched, and starting and maintaining a business and these Evan Crabdree, Carlos Cristaldo, Justin I will be forever grateful for Ron’s guidance, loans will ensure that women, minorities and Curnow, Scott Day, Matt England, Ben Faddis, counsel and friendship. veterans will be part of a robust economy and Paden Faulkner, Matt Flood, Brennan Fox, Judge Tills’ service to his community cul- they will be able to live the American dream. Brendan Gallagher, Desi Gallegos, Cody minated when he was nominated by Governor In addition, I am also pleased at the level of Gibbs, Caleb GoIter, Russ Gorhum, Alex’ George E. Pataki, and confirmed by the New outreach that the Colorado District Office has Guesnier, Corey Hankins, Zach Hansen, Clay York State Senate, to the New York State done in rural Colorado. A large portion of the Harrison, Chris Hernley, Michael’ Hoffman, Court of Claims in July of 1995, where he has loans distributed in 2005 went to small busi- Cory Hofstetter, Ryan Huber, Matt Hutton, served as a Court of Claim Judge and Acting nesses in rural areas, which oftentimes are left Ryan Jellum, Nick Kochan, Jordan LeMarinel, Supreme Court Justice for the past decade. out during good times and hurt even more Brian Lawrence, Bryce Lines, Nick Lind, Mr. Speaker, Ron Tills involvement in a vari- when the economy takes a downturn. Every Benny Lopez, Nate McCarroll, Matt Maichele, ety of civic and community organizations, and area of the state should be able to share in Kyle Manhart, Cody Martin, Jordan Meek, the awards and recognitions he has received the success of our economy, and through the Drew Miguel, Eric Moats, Brendan Nelson, over the years are too numerous to list. tireless efforts of the Colorado District Office Tyler Nelson, Brandon Nelson, Doug Whether it was the Lions Club, Chamber of staff many rural areas in the State are not Nisenson, Alex Nittoli, Will Palamet, Tim Commerce, Hamburg Volunteer Fire Com- being forgotten. Papik, Shane Pickrell, Brent Pokryfke, Chris pany, or so many others, Ron Tills involved Finally, Mr. Speaker, I want to recognize the Ray, Josh Roach, LeRoy Santos, Steven Sav- himself as he did in each endeavor throughout steadfast leadership of SBA District Director age, Alex Sawyer, Josh Schaner, Patrick his life and career, with passion, leadership, Patricia Barela Rivera. Patricia understands Sharshel, Cory Sicard, Ethan Sizer, Ben and commitment. that small businesses are the backbone of

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Mr. Speaker, I rise today to OF PENNSYLVANIA all of us proud. honor the service of a dedicated elected offi- IN THE HOUSE OF REPRESENTATIVES cial from the Town of Elma, Bill Cirocco. f Thursday, December 8, 2005 Now, Mr. Speaker, I like most of my col- HONORING RETIRING EVANS TOWN leagues represent a large number of different Ms. SCHWARTZ of Pennsylvania. Mr. COUNCILMAN TOM CSATI communities. All told, I represent all or part of Speaker, on December 9, 1981, Daniel J. 19 towns and 2 cities in Erie County, as well Faulkner, a five-year veteran of the Philadel- HON. BRIAN HIGGINS as 27 towns and 2 cities in Chautauqua Coun- phia Police Department was shot and killed ty. But Elma is a very important town in my while making a routine traffic stop. Although OF NEW YORK district it’s where my parents live. he was only 25 when he left us, Officer Faulk- IN THE HOUSE OF REPRESENTATIVES It’s that closeness that I have to Elma that ner achieved many things. He was a loving Thursday, December 8, 2005 leads me to commemorate Bill’s service to husband, an active church parishioner, and a Mr. HIGGINS. Mr. Speaker, I rise today to Elma. As a public official, Bill always had the respected member of his community. honor the service of a dedicated elected offi- best interests of his constituents—his neigh- Since Officer Faulkner’s murder, more than cial from the town of Evans who has served bors—first in his mind. As time went on, and 115 brave men and women in uniform have with distinction as a member of his Town as battles were waged in town about this given their lives while serving and protecting Board. I am speaking of retiring Evans Town issue or that, Bill Cirocco always looked at the communities of Pennsylvania. Councilman Tom Csati. each issue individually and kept the residents My colleagues, these fallen officers paid the Tom Csati is a strong leader who worked and taxpayers first in his mind. ultimate price for their service to our Nation. hard to get things done in Evans and Angola. Now, as Bill contemplates retirement from They left behind family, friends and col- A member of the Town Board for 8 years, elective office, I want to take this opportunity leagues. And we must never forget their con- Tom Csati is a public servant who always put to thank him for his dedicated service to Elma, tributions to the safety, security and better- people first. The town of Evans and its resi- and to the people who live, work and raise ment of our neighborhoods. dents are better for the service he provided, their families there. Elma is a better place for So today, I rise to pay tribute to and remem- and I am proud to honor his service here his service to the town, and I want to thank ber the 140 law enforcement officers who died today. you, Mr. Speaker, for allowing me this oppor- this year in the line-of-duty in our Nation. In tunity to honor Bill’s service. particular, I rise in honor of the four fallen law f enforcement officers from my home state of f Pennsylvania: TRIBUTE HONORING THE 125TH AN- York County Sheriff Deputy Edward ‘‘Skip’’ NIVERSARY OF THE UNIVERSITY TRIBUTE TO JUAN ARECHIGA, SR. Schroeder; OF THE INCARNATE WORD Easton Police Department Officer Jesse HON. HENRY CUELLAR Sollman; HON. HENRY CUELLAR OF TEXAS City of Philadelphia Officer Paris Williams; OF TEXAS IN THE HOUSE OF REPRESENTATIVES and IN THE HOUSE OF REPRESENTATIVES Thursday, December 8, 2005 Newton Borough Police Department Officer Thursday, December 8, 2005 Brian Gregg. Mr. CUELLAR. Mr. Speaker, I rise today to Mr. Speaker, these officers’ sense of dedi- Mr. CUELLAR. Mr. Speaker, I rise today to honor the life of Juan Arechiga, Sr., a deco- cation will forever be remembered by their honor the 125th anniversary of the University rated World War II veteran and lifelong resi- family, friends, loved ones, and the Nation. of the Incarnate Word, an institution of higher dent of Laredo, Texas who passed away Sat- And I know that all of my colleagues, and all education in San Antonio, Texas that serves urday, December 3, 2005. Americans, join me in honoring their sacrifice students from Texas, as well as throughout Mr. Speaker, Mr. Arechiga was a veteran of in the line of duty. the United States and around the world. the U.S. Army and was a member of Com- f Mr. Speaker, the University of the Incarnate pany F, 333rd Infantry, serving in the Rhine- Word evolved when three sisters went to San land and Central Europe. He served bravely HONORING OUTGOING BUFFALO Antonio to help serve people in need of health from November 25, 1942 to December 9, CITY COUNCILMAN JEFFREY care and children in need of homes. 1945, when he was honorably discharged. CONRAD After founding several hospitals and two or- For his dedication while in the service, he phanages, the sisters established Incarnate received the American Theater Campaign Rib- HON. BRIAN HIGGINS Word School, which began as an elementary bon, the EAME Campaign Ribbon with three OF NEW YORK and secondary school but has blossomed into bronze stars and a Good Conduct Medal. IN THE HOUSE OF REPRESENTATIVES a university that has a campus in Mexico City Mr. Arechiga was an electrician who was and one in China. one of the founding members of the Laredo Thursday, December 8, 2005 The university’s service is based on the be- Electrical Association which was formed in Mr. HIGGINS. Mr. Speaker, today I rise to lief in God, their love for God, and their desire 1948. As his business expanded, he devel- honor Jeffrey Conrad, a great son of South to serve God’s people. oped a construction firm that was contracted Buffalo, New York, who will complete his serv- The university is also celebrating the 20th to build the first Sears and Roebuck buildings ice as a member of the Buffalo Common anniversary of Dr. Louis J. Agnese, Jr. as in Barcelona, Spain and San Juan, Puerto Council on December 31, 2005. president of the university. He is a great lead- Rico. Now, Mr. Speaker, when it comes to the er and his long service is a testament to the When he returned to Laredo, he became a Buffalo Common Council, I know of what I dedication of the school. well-known residential contractor and estab- speak. Having served as a member of that Mr. Speaker, thank you for allowing me the lished his own local construction company. Mr. body in the same seat as Mr. Conrad from privilege of celebrating the 125th anniversary Arechiga was an important part of Laredo’s 1988 to 1993, I know and understand the po- of the University of the Incarnate Word and growth in the late 1970’s and we are proud to sition of district councilmember in the city of the 20th anniversary of Dr. Louis J. Agnese, have had such a respected person as a cit- Buffalo. In that job, Mr. Speaker, you are Jr. as president. izen of Laredo. never presented with good news; you are only

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00117 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27884 EXTENSIONS OF REMARKS December 8, 2005 presented with crumbling sidewalks and bro- Frank Falkowski was born on February 24, tion proudly and honorably, and his life after ken streetlights, with poorly paved roads and 1919 in Depew, New York. He was the eldest the service, where he settled in Western New neighbors complaining about nearby lots that child in a family of 11 children. Forced to quit York, married, worked and raised a family, are need mowing. high school to help support his family when a positive example to us all. Fifteen years ago, In short, Mr. Speaker, this job is one of the his father died unexpectedly, Frank entered the Falkowski family prayed that Frank would toughest in local government. Jeff Conrad the U.S. Army at the age of 22 on February rest in peace; today, we pray that he knows handled that job with dignity and aplomb, and 3, 1941. Stationed in Georgia, Los Angeles, that his country has, at long last, paid him the I am pleased to honor his service here today. Hawaii, the Philippines and New Guinea, full honor to which he so richly deserves. Jeff Conrad is a bright young leader in Frank performed a number of important roles f South Buffalo. While his first run for public of- during his military service, including service as fice was unsuccessful, Jeff is a solid individual a Military Policeman and machine gunner. IN SUPPORT OF ISRAEL AND THE from a great South Buffalo family, and he has During his spare time in the Army, Frank POSSIBILITY OF PEACE a very bright future full of promise in months played Basketball and Football on military and years to come. teams, but, more importantly, he completed HON. EARL BLUMENAUER While Jeff Conrad served only a few short his GED studies. Frank served a total of 42 OF OREGON months as a member of the Buffalo Common months overseas during World War II, and IN THE HOUSE OF REPRESENTATIVES Council, his commitment to the neighborhoods while stationed in the Philippines and the Pa- Thursday, December 8, 2005 we live in and the people who inhabit them cific theater, he assisted with the evacuation Mr. BLUMENAUER. Mr. Speaker, I rise in can never be overstated. Jeff’s service to his of women and children to safe havens as the strong support of two important resolutions: H. constituents was effective and honorable, and Japanese were advancing. After receiving a Res. 438, urging member states of the United I look forward to future opportunities to work letter of appreciation and thanks for his efforts Nations to stop supporting resolutions that un- with him to make our community a better from the mayor of Luzon, Frank was dis- fairly castigate Israel and H. Res. 535, hon- place to live, work and raise a family. charged from the U.S. Army on June 22, oring the life, legacy and example of Israeli f 1945. Prime Minister Yitzhak Rabin. At a time when After serving in the military, Frank met his the death of Yasser Arafat and Israel’s with- TRIBUTE TO PENN DETROIT wife, Marion. They were married in 1946 and drawal from the Gaza Strip have created the DIESEL ALLISON raised 4 children, Marcia, Linda, Jerry and renewed possibility for a safer, more secure, Janice. Frank worked as a welder for Contrac- and more peaceful future for Israel, these two tor’s Ornamental Steel and also worked part HON. MELISSA A. HART resolutions highlight both the challenges and OF PENNSYLVANIA time as a security guard at the once famous the hope of the current moment. IN THE HOUSE OF REPRESENTATIVES Palace Theater in downtown Buffalo. After his While Israel has been the victim of unfair retirement, Frank had the opportunity to enjoy Thursday, December 8, 2005 United Nations resolutions for much longer his greatest pleasure—time with his friends, than I have been in Congress, the people of Ms. HART. Mr. Speaker, I would like to take family and loved ones. Israel should know that the United States will this opportunity to congratulate the Penn De- Frank was an Army veteran of World War II. always stand side by side with them in the troit Diesel Allison company for the grand While much is not known about his military struggle against hatred and anti-Semitism. We opening of their new state-of-the-art facility in service, it is well known that his service on the join with them in the fight against terrorism, Pittsburgh. The new facility will be located in field of battle was valiant indeed. As a result such as the recent suicide bombing in Cranberry Township just outside of Pittsburgh. of his service, he earned the following awards: Netanya which killed 5 Israelis and wounded Penn Detroit Diesel Allison has provided the Bronze Star Medal; Good Conduct Medal; over 50 others. latest innovations in diesel engines, trans- American Defense Service Medal; Asiatic-Pa- At the same time, the memory of Yitzhak missions, and replacement parts to their cus- cific Campaign Medal; World War II Victory Rabin reminds us all of the courage that the tomers for over 50 years. With the opening of Medal; Combat Infantryman Badge First Israeli people and their leaders—from David their new facility, they will be able to ‘‘provide Award; Philippine Liberation Ribbon with 1 Ben-Gurion to Ariel Sharon—have shown our customers with a superior and profes- bronze service star, and Honorable Service when peace appears possible. I commend the sional service experience,’’ said Jerry Tiffan, Lapel Button WWII. House for making these two important state- president of the company. The new facility is Unfortunately, Frank never lived to actually ments and join my colleagues in the hope that equipped with 10 drive-through service bays, receive these awards. His daughter, Linda Israel will one day live out Prime Minister and a full diagnostic service center. Falkowski Stanek, contacted my congressional Rabin’s dream, ‘‘No more blood—no more I ask my colleagues in the United States office some time ago to inquire as to the sta- tears.’’ House of Representatives to join me in hon- tus of these awards, in that she, on her moth- oring the grand opening of the new Penn De- er’s behalf and with the assistance of her sib- f troit Diesel Allison facility in Pittsburgh. It is an lings, wished to create a legacy honoring her SUPPORT FOR THREE honor to represent the Fourth Congressional late father that could be passed down for gen- RESOLUTIONS District of Pennsylvania and a pleasure to sa- erations to come. lute such a distinguished company like the Through the hard work of the staff in our HON. BARNEY FRANK Penn Detroit Diesel Allison company. Buffalo District Office, and particularly the help OF MASSACHUSETTS f of one of our Senior Field Representatives, IN THE HOUSE OF REPRESENTATIVES William J. Greeley, we were able to verify Mr. HONORING THE LATE FRANK Falkowski’s entitlement to these awards and, Thursday, December 8, 2005 FALKOWSKI FOR HIS VALIANT on Thursday December 1, 2005, I had the su- Mr. FRANK of Massachusetts. Mr. Speaker, SERVICE TO THE UNITED preme honor of presenting these medals, rib- under the assumption that the House would STATES bons and other commendations to Mr. have adjourned for the year by Tuesday, De- Falkowski’s widow and members of his family. cember 6, I accepted a very important speak- HON. BRIAN HIGGINS Mr. Speaker, while Frank Falkowski never ing engagement for that evening in Massachu- OF NEW YORK received his due recognition during his life, I setts. The event was the installation of a con- IN THE HOUSE OF REPRESENTATIVES am honored to have been given the oppor- stituent, David Wluka, as President for the tunity to help give him his deserved recogni- year of the Massachusetts Association of Re- Thursday, December 8, 2005 tion today, albeit posthumously. Frank altors, an important organization with which I Mr. HIGGINS. Mr. Speaker, I rise today to Falkowski was always proud to be an Amer- have worked closely on the issue of housing, honor the memory of a great American—a ican and was proud of his service to his coun- which is one of those that is most important to Western New Yorker whose service to this try, but according to his family, he never me in my role on the Committee on Financial Nation brings honor to his family and to his spoke much of his experiences in World War Services. My presence at this event had been countrymen alike. Mr. Speaker, today I rise to II, perhaps owing to the pain those memories advertised by the Realtors, and so when sus- honor the memory of Frank Falkowski. brought forth. Frank Falkowski served this Na- pension votes were scheduled for Tuesday

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00118 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 EXTENSIONS OF REMARKS 27885 night, I made this one of those rare occasions Abernathy, the Reverend Martin Luther King, gage or rent payments for individuals still liv- when I missed votes in order to carry out a re- Jr., Jo Ann Robinson, who was the head of ing in their home, but were experiencing dif- sponsibility in my district. All three of the votes the Women’s Political Council, and E.D. ficulties in making payments. When FEMA ad- taken were unanimous, so my absence obvi- Nixon, who was the Montgomery official for ministered the program in New York, recipi- ously had no impact on the outcome. But I did the NAACP, the people of Montgomery de- ents were required to have a loss of income want to make sure that my strong support for cided to take a simple action that would end of at least 25 percent to quality. Rent or mort- all three of those resolutions was noted. This up crippling the city for almost a year. The gage payments lasted up to eighteen months. is particularly true with H. Res. 438, which Montgomery bus boycott, which began on This program was particularly useful for peo- urged UN member states to cease their one- Monday, December 5, 1955, called a nation’s ple who lost their job as a result of 9/11 and sided and unfair condemnations of Israel. The attention to a legacy of racism, inexplicable could not afford to pay their rent or mortgage. lack of balance in the UN with regard to the discrimination, and equal treatment under the Unfortunately, 9/11 was the last disaster for Middle East peace process has in fact been law. which this program was available. The Dis- an obstacle to the success of that process, by Bringing Montgomery’s segregated bus lines aster Mitigation Act of 2000 eliminated this increasing the fears of many in Israel that they to their knees, boycotters did everything from program because it was considered too costly will be unfairly treated. As a strong supporter organize a system of carpools to match black and difficult to administer (the enactment date of the ongoing peace process in the Middle taxi cab rates to those of the city’s now-empty was 18 months and the attacks of 9/11 oc- East, I believe this resolution was an important buses. The crowded rush hour sidewalks curred after this act was signed into law, but one and I hope that the members of the UN served as a testament to that single act of before enactment). The Disaster Mitigation Act will heed it. courage and bravery which inspired the of 2000 merged temporary housing assistance Similarly, the resolution honoring the late modem civil rights movement and went on to with grants to individuals and families. This Israeli Prime Minister Yitzhak Rabin is another revolutionize our country. merge now limits the assistance FEMA is al- important affirmation of the great value we As the months passed on with Montgom- lowed to provide victims of disasters. place on the peace process. Those who mur- ery’s buses continuing to receive few, if any, On December 1, 2005, the three-month dered this great man sought to murder the passengers, leaders of the bus boycott move- mortgage suspension on mortgages for victims process of peace, and it is important for us to ment soon became targets of racist bigotry— of Katrina expired and many individuals are make it clear that they did not succeed in that Rev. Abernathy’s and Rev. King’s houses now faced with mortgage bills they are unable latter effort, although they tragically did suc- were firebombed, and boycotters were phys- to afford. This week the Bush Administration ceed in killing one of the great leaders of our ically attacked. Yet their movement continued. announced a limited loan program to assist time. Yitzhak Rabin’s courageous efforts for It is this great will and determination that victims having difficulty paying their mortgage. peace, grounded in the heroic efforts he made was rewarded, on November 13, 1956, when This program was instrumental in stabilizing during his lifetime to advance Israel’s security, the United States Supreme Court upheld a New York’s economy after 9/11, it is beyond deserve not simply this commendation, but se- Federal district court ruling declaring segrega- me why we are now refusing to get the people rious efforts to bring to fruition what he worked tion on buses unconstitutional. These events of the Gulf Coast the very same aid we got in so hard to achieve. laid the groundwork for future landmark New York. The offering of loans to pay off Finally, it is entirely appropriate that our col- achievements, such as the passing of the loans unfairly straddle Katrina victims with league, the gentleman from California, Mr. 1964 Civil Rights Act. And fifty years later, we more debt. When Congress debated con- Lantos, lead the House in recognizing the Fif- are still inspired and invigorated by the verting reconstruction aid to Iraq from grants tieth Anniversary of the extraordinarily brave, strength and determination of the people of to loans, the Administration threatened a veto. through tragic, effort by the Hungarian people Montgomery. Why should reconstruction of the Gulf Coast to win their freedom from the brutal dictator- Mr. Speaker, my constituents and the peo- be any different? ship imposed on them by the Soviet Union. ple of this great nation honor the ideals of jus- f While this ended badly with the deaths of so tice and equality set forth by the Montgomery many brave people, it was an affirmation that bus boycott every time we stand up for what RECOGNIZING THE ANNIVERSARY the human drive for freedom cannot easily be is right. This is the legacy of that event, and OF THE 13TH AMENDMENT TO H. snuffed out, and served as an extraordinary the legacy we should continue to honor. As RES. 196 example for the later, successful efforts to we look to the future, we should be inspired break the tyrannical Soviet empire. by their example and continue to fight for so- HON. STEPHANIE TUBBS JONES f cial justice and equality for all people. Just as OF OHIO RECOGNIZING THE 50TH ANNIVER- the devoted boycotters did, we should all re- IN THE HOUSE OF REPRESENTATIVES SARY OF THE MONTGOMERY BUS main committed to erasing the inequities that Thursday, December 8, 2005 BOYCOTT still exist in our society and around the world. Mr. Speaker, I am proud to support this reso- Mrs. JONES of Ohio. Mr. Speaker, yester- HON. BETTY McCOLLUM lution. day the House considered the recognition of f the anniversary of the 13th amendment, H. OF MINNESOTA Res. 196. On the 31st day of January, 1865, IN THE HOUSE OF REPRESENTATIVES INTRODUCTION OF MORTGAGE the 13th amendment was proposed to the Thursday, December 8, 2005 AND RENTAL ASSISTANCE REAU- State legislatures by the 38th Congress and Ms. MCCOLLUM of Minnesota. Mr. Speak- THORIZATION ACT ratified by 27 of the 36 State legislatures on er, I rise today in strong support of H. Con. December 6, 1865. January 31, 1865, the day Res. 273, to recognize the courage, persever- HON. CAROLYN B. MALONEY the House passed the proposal, the gallery ance, and demand for justice displayed 50 OF NEW YORK which had just opened to African-Americans years ago in the Montgomery bus boycott. IN THE HOUSE OF REPRESENTATIVES erupted into cheers and Representatives on On Thursday, December 1, 1955, Ms. Rosa the House floor were visibly emotional, crying Thursday, December 8, 2005 Parks, who recently passed away at the age and hugging each other. Slavery had ended of 92 and whom this body has honored, was Mrs. MALONEY. Mr. Speaker, today Rep- and the deep roots of the modern civil rights arrested for refusing to give up her seat to a resentatives MAXINE WATERS (D–CA), CHARLIE movement were planted. white passenger on a Montgomery, Alabama, MELANCON (D–LA) and I introduced the Mort- Although the abolition of slavery did not public bus. With fifteen year old Claudette gage and Rental Assistance Reauthorization mean equality for all Americans, the amend- Colvin arrested for the same infraction just a Act to give victims of Hurricane Katrina the ment initiated a civil rights movement that con- few months earlier in Montgomery, the same housing aid awarded to New Yorkers in tinues to this day. NAACP and the Women’s Political Council fi- the aftermath of 9/11. Through the ratification of this landmark leg- nally had the opportunity to shed light on their Once fully implemented, the Mortgage and islation, our government initiated the process treatment as second-class citizens. Rental Assistance (MRA) program was one of to work towards uniting the American people. Following discussions amongst civic and the most useful FEMA programs following 9/ Their actions also inspired the eventual pas- church leaders, including the Reverend Ralph 11. This grant program provided direct mort- sage of the 14th amendment, which granted

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00119 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27886 EXTENSIONS OF REMARKS December 8, 2005 equal protection under the law, the 15th received invitations to the 2006 Adidas MLS came the Associate Managing Director for amendment, which gave African-American Player Combine, a pre-draft Major League Program Analysis. males the right to vote, and the 19th amend- Soccer camp. In addition, Jeff Rowland, a non Walker was named as the Acting Inspector ment which granted universal suffrage to all recruited walk on who maintains over a 3.7 General of the FCC on November 14, 1994, women. cumulative g.p.a, is a candidate for the Her- and, on April 14, 1996, was officially appointed Despite these monumental changes in our man Trophy, awarded annually to the top play- as the Inspector General, the position he held Nation’s constitution, African-Americans and er in college soccer. until his retirement. Walker had many accom- other minorities continue to experience social Players and fans alike often have strange plishments as the FCC’s Inspector General. and economical injustices. I submit to you Mr. superstitions to ward off bad luck. For exam- Directing a staff of 14 professionals, he ex- Speaker that we still have a long way to go to ple, Mr. Speaker, former baseball player Wade panded oversight of Commission operations rid our Nation of the vestiges of slavery and Boggs would eat only chicken the day of a and improved the objectivity and integrity of discrimination. By passing this legislation, we game. Many Lobo players their fans and fam- audits and investigations. During his tenure, are renewing a national commitment towards ily have kicked it up a notch by growing mous- he directed over 167 audits/surveys/special re- eradicating racial and ethnic inequalities. taches. ports of Commission operations and programs f I am eagerly anticipating the Lobos College making over 600 recommendations or obser- Cup Semifinals game against Clemson, tomor- vations and achieving Commission concur- PERSONAL EXPLANATION row, December 9, 2005, as these Lobo ath- rence for over 95 percent of those findings. He letes proudly represent the University of New also directed over 270 inquiries/investigations HON. JERROLD NADLER Mexico on the national stage. of Commission employees and contractors OF NEW YORK Mr. Speaker, In closing, I wish to commend and assisted Federal prosecutors in criminal investigations and prosecutions resulting in IN THE HOUSE OF REPRESENTATIVES the UNM Men’s Soccer Team, UNM Head Coach Jeremy Fishbein, UNM athletic director plea agreements, criminal fines, civil settle- Thursday, December 8, 2005 Rudy Davalos, and all the dedicated Lobo ments and restitutions. Walker prepared Semi- Mr. NADLER. Mr. Speaker, due to official fans for this successful season. Go Lobos. Annual Reports to Congress on office activi- business, I missed four votes on December 7, f ties and testified before House and Senate 2005. I ask that the RECORD reflect that had committees on numerous occasions. I been able to, I would have voted ‘‘no’’ on TRIBUTE TO H. WALKER FEASTER Walker and his wife Susan have two chil- rollcall vote No. 615, tabling appeal of the rul- III dren, Nicole and Nicholas. Susan Smith ing of the chair; ‘‘no’’ on rollcall vote No. 616, Feaster is the President of Coastal Partners, the United States-Bahrain Free Trade Agree- HON. JAMES P. MORAN Ltd., and CEO and Chairman of the Board for ment Implementation Act; ‘‘aye’’ on rollcall OF VIRGINIA the World Leadership Institute. Susan also for- merly served on the staffs of United States vote No. 617, the Tax Revision Act; and ‘‘aye’’ IN THE HOUSE OF REPRESENTATIVES on rollcall vote No. 618, the Gulf Opportunity Senator Paul Trible, Jr. and Congressman Thursday, December 8, 2005 Zone Act of 2005. Frank R. Wolf. Nicole, a sixth grader who f Mr. MORAN of Virginia. Mr. Speaker, I rise speaks French fluently, is an outstanding stu- today to pay tribute to H. Walker Feaster III, dent and athlete. She participates in Tai Kwon CONGRATULATING THE UNIVER- Inspector General of the Federal Communica- Do, basketball and softball. Nicholas, a bright SITY OF NEW MEXICO MEN’S tions Commission, who retired on January 3, little 3 year old, attends preschool in George- SOCCER TEAM FOR ADVANCING 2006, after 38 years of Federal service—32 of town, and is busy learning the alphabet and TO THE COLLEGE CUP which were served at the Federal Communica- his numbers in French. The Feaster family en- tions Commission (FCC). joys attending sporting events together and HON. HEATHER WILSON Walker attended Drexel University in Phila- vacations to destinations in the United States OF NEW MEXICO delphia, Pennsylvania and graduated with a and abroad. Mr. Speaker, I proudly ask you to join me in IN THE HOUSE OF REPRESENTATIVES bachelor’s degree in Business Administration in 1966. Walker’s distinguished career began commending the career of H. Walker Feaster Thursday, December 8, 2005 with service in the U.S. Navy from August III. With Walker’s retirement, the FCC loses an Mrs. WILSON of New Mexico. Mr. Speaker, 1966 to August 1971. Walker served as Com- enthusiastic, innovative leader and an exem- I rise today to congratulate the University of bat Information Center Officer/Intelligence Offi- plary Federal employee. New Mexico Men’s Soccer Team for advanc- cer on a guided missile frigate and was de- f ing to the College Cup for the first time in ployed to the Middle East on the flagship for RECOGNITION OF THE SKYHAWKS, school history. Last Friday, in the fourth round the Commander, Middle East Forces. Walker NCAA DIVISION II MEN’S SOCCER of the NCAA Tournament the second seeded also served as Staff Assistant to the Deputy CHAMPIONS Lobos defeated seventh seeded California Commander for Plans, Naval Telecommuni- Bears 1–0 to advance to the College Cup in cations Command. Walker was discharged Cary, North Carolina. from active duty with the rank of Lieutenant HON. JOHN T. SALAZAR These Lobo student athletes have proudly and ultimately retired from the U.S. Naval Re- OF COLORADO IN THE HOUSE OF REPRESENTATIVES represented the UNM in classroom and on the serve with the rank of Commander in 1992. field. Led by Head Coach Jeremy Fishbein the In October 1971, Walker went back to work Thursday, December 8, 2005 Lobos finished the season with a 15–1–2 fin- for the Naval Telecommunications Service as Mr. SALAZAR. Mr. Speaker, I want to con- ish and a No.1 ranking in the final NSCAA a civilian employee and in January 1974, after gratulate the Skyhawks, Fort Lewis College’s Top–25 and Soccer Times Top–25 poll. a brief career in the private sector, Walker Men’s Soccer team for winning the 2005–2006 Mr. Speaker, this team is packed with home joined the FCC as a Senior Analyst and later NCAA Division II National Championship. grown talent. A total of nine players are from Deputy Chief of the Management Systems Di- Being undefeated, ranked first in the nation, New Mexico including seven from my district vision within the Office of Managing Director. and then winning the National Championship in Albuquerque. In fact, Mr. Speaker, three Al- During this period, Walker also found time to is indeed a dream season for this phenomenal buquerque Public High School graduates com- earn a Master of Science in Government from group of athletes. bined for the winning overtime goal against Southern Illinois University in 1975 and earn a The Skyhawks 3–1 victory on December 4th California. Eldorado Eagle Brandon Moss Master of Business Administration from Amer- capped an undefeated season with Fort Lewis passed down the field to Sandia Matador Ben ican University in 1977. In 1978, Walker joined winning 22 matches. In the Final Four Tour- Ashwil who chipped to La Cueva Bear Jeff the staff ofthe FCC’s Private Radio Bureau nament, Team Captain Bryan Eisenbraun was Rowland who buried the ball in the net for the first as the Assistant Bureau Chief for Man- named most valuable defensive player. John winning goal. agement and later as the Associate Bureau Cunliffe was named most valuable offensive I would also like to congratulate UNM sen- Chief for Operations. In 1981, he rejoined the player. These two young men and two other iors Jeff Rowland and Lance Watson for being Office of Managing Director as the Deputy Skyhawks—Nick Clark and Cole Sweetser— two of only 54 collegiate soccer players who Chief of Management Planning and later be- were also named All-American soccer players.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00120 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 EXTENSIONS OF REMARKS 27887 The Fort Lewis Skyhawks are the pride of Although I am saddened by FEMA’s current ment of Homeland Security and reestablish its the entire community. These men are positive troubles, I am not surprised. Three years ago, independence. This bill builds upon H.R. 3659 role models for the younger generation, not during consideration of H.R. 5005, the Home- by strengthening the qualifications for the only for their talent and dedication to the sport, land Security Act of 2002, I offered an amend- FEMA Director and establishing the position of but because of their dedication to volunteering ment to keep FEMA independent from the De- Deputy Director, who is to serve as a liaison and giving back to the community. For several partment of Homeland Security. I, along with to the Department of Homeland Security in the years, the coaches and team have been ac- many other Democrats, feared that including event of an act of terrorism, and act for the Di- tively involved with the Durango Youth Soccer FEMA in the new Department would under- rector when the Director is absent, unable to Association, leading soccer camps, coaching mine its effectiveness by diverting resources serve, or when the position of the Director is clinics, and hosting club soccer tournaments. away from its traditional mission of preparing vacant. The bill also includes those provisions The Skyhawk men have taken the time to be for and responding to natural disasters, there- to provide for the transfer of personnel and mentors for Durango youth and have become by leaving the federal government unprepared appropriations which are necessary to estab- like family for many people. to respond to a disaster like Hurricane Katrina. lish a separate, independent agency. A sec- The Skyhawks are a shining example of the Further in testimony before the Select Com- tion by section explanation of the bill is set values important to all Coloradoans—hard mittee on Homeland Security in July 2002, in forth below. work, dedication, leadership, and working with response to a question by Select Committee I urge Congress to consider this legislation the community. To Fort Lewis College Presi- Member Congresswoman DELAURO, I set forth early in the coming year. dent Brad Bartels, Coach Jeremy Gunn, As- what I believed to be the dangers of moving SECTION-BY-SECTION OF THE FEDERAL EMER- GENCY MANAGEMENT AGENCY RESTORATION sistant Coaches Darren Morgan, Andy FEMA to the newly-created Department. ACT McDermid, James Hall and all the members of Congressman DeLauro: Let me ask a ques- tion with regard to FEMA. You’ve rec- Section 1. Short Title. This section estab- the Skyhawk’s 2005 men’s soccer team: lishes the short title for the Federal Emer- Adam Beach, Jonathan Boyer, Nick Clark, ommended keeping FEMA as a separate agency but would coordinate with a DHS in gency Management Agency Restoration Act. Section 2. Federal Emergency Management Bernardo Costa, John Cunliffe, Tom Donley, the event of a terrorist attack. How do you Agency. This section establishes the Federal John Eckhoff, Bryan Eisenbraun, Fabian think that moving FEMA into the Depart- Emergency Management Agency (FEMA) as Ferrada, Sean Flanagan, Kyle Fredrick, Ben ment of Homeland Security would affect our a cabinet-level independent agency in the ex- Gatenbein, Kieran Hall, Ryan Kerr, Nick ability to respond to hurricanes, other nat- ecutive branch. The section sets forth that Kirchhof, Taylor Lavoy, Ryan Parsons, Carter ural disasters, and how do you envision the FEMA is responsible for emergency pre- Rice, Casey Roberts, Paul Sanchez, Cole FEMA-DHS coordination being carried out? paredness, response, recovery, and mitiga- Congressman Oberstar: FEMA started out Sweetser, Justin Valashinas, Cliff Wilmes, and tion for all hazards, including major disas- as the civil defense agency. . . . And then Kenny Wood—congratulations on your victory ters, acts of terrorism, and other emer- moved into, as the Cold War wound down, as- gencies. For purposes of the Act, ‘‘emergency and thank you for your service to the commu- suming broader responsibilities as our na- nity. preparedness’’ does not include law enforce- tion’s premier disasters assistance and re- ment efforts to prevent or deter terrorism, f sponse agency. To move it into this new De- protect critical infrastructure, and conduct partment of Homeland Security without a clear- intelligence activities. INTRODUCING THE FEDERAL ly defined homeland security role is, my judg- The section establishes qualifications for EMERGENCY MANAGEMENT ment, a mistake. We have not seen a delineation the FEMA Director. It states that the Direc- AGENCY RESTORATION ACT of what is homeland security compared to re- tor of FEMA shall be appointed by the Presi- sponse to floods, hurricanes, blizzards, earth- dent, with the advice and consent of the Sen- quakes, tornadoes. You know, when your home ate, from among persons who have extensive HON. JAMES L. OBERSTAR is underwater up to the eaves are you going to experience in emergency preparedness, re- OF MINNESOTA wonder, where is FEMA? Are they on some mis- sponse, recovery and mitigation for all haz- IN THE HOUSE OF REPRESENTATIVES sion lookingfor terrorists or are they going to be ards, including major disasters, acts of ter- Thursday, December 8, 2005 on a mission looking for your lost children and rorism, and other emergencies. The section rescuing you from the rooftop of your home? also prescribes a five-year term of office for Mr. OBERSTAR. Mr. Speaker, today I, to- [emphasis added]. the Director. gether with Subcommittee Ranking Demo- The bill I introduce today will help FEMA get The section establishes a Deputy Director, cratic Member Norton, and 30 other Demo- appointed from the competitive service, and back on track. By establishing FEMA as a sets for the criteria for the Deputy Director. cratic Members of the Transportation and In- cabinet-level independent agency in the exec- The section also sets forth the duties of the frastructure Committee (the Committee), have utive branch, the bill ensures that FEMA is not Deputy Director and authorizes the Deputy introduced the ‘‘Federal Emergency Manage- trapped in a massive department in which the Director to serve as a liaison to the Depart- ment Agency Restoration Act of 2005’’. This Director of FEMA must work through levels of ment of Homeland Security in the event of bill will reestablish the Federal Emergency bureaucracy before taking appropriate action. an act of terrorism, and to act for the Direc- Management Agency (FEMA) as an inde- In Committee hearings held in October tor when the Director is absent, unable to serve, or when the position of the Director is pendent, cabinet-level agency. It will further 2005, emergency management officials from vacant. strengthen the agency by ensuring that the across the Nation testified that they believed Section 3. Transfer of Functions. This sec- FEMA Director is chosen from among qualified FEMA needs to be moved out of DHS in order tion sets forth the functions and personnel candidates who have extensive experience in for it to function effectively. The Transportation to be transferred to an independent FEMA. the areas of emergency preparedness, re- and Infrastructure Committee plans additional The section also provides for the transfer of sponse, recovery, and mitigation for all haz- hearings early next year to discuss the direc- FEMA within 120 days of the date of enact- ment. ards. This bill will begin the process of restor- tion of FEMA and how to improve our pre- Section 4. Savings Provisions. This section ing FEMA to a level of competence that the paredness and response to major disasters. I sets forth various technical provisions to es- American people expect and deserve. hope that Secretary Chertoff, the Secretary of tablish an independent FEMA with the au- Moving FEMA into the Department of the Department of Homeland Security, will re- thorities necessary to function as an inde- Homeland Security (DHS) was the wrong thing spond favorably to the Committee’s request to pendent agency and provides for the transfer to do. It trapped the agency—an agency that testify at one of these hearings. of personnel and appropriations. needs to be nimble and be able to marshal re- Mr. Speaker, I believe that this bill will begin f sources quickly—in a bureaucratic morass. the process of restoring FEMA as a first-class RECOGNIZE THE PLIGHT OF SHAD During its time in DHS, FEMA has been par- agency able to prepare for, respond to, and VETERANS: IT’S ABOUT TIME! tially dismantled, been bled of necessary re- recover from both natural and man-made dis- sources, been unable to fill key management asters. On September 6, 2005, when Con- positions on a permanent basis, been unable gress returned from the August recess, Con- HON. BOB FILNER OF CALIFORNIA to make timely decisions to deal with emer- gresswoman NORTON, the Ranking Democratic IN THE HOUSE OF REPRESENTATIVES gencies, and has been forced to focus on ter- Member of the Subcommittee on Economic rorism at the expense of natural disasters. Development, Public Buildings, and Emer- Thursday, December 8, 2005 FEMA’s response to the natural disaster of gency Management, and I introduced H.R. Mr. FILNER. Mr. Speaker, I urge support for Hurricane Katrina was itself a disaster. 3659, a bill to move FEMA out of the Depart- H.R. 4259, the ‘‘Veterans Right to Know Act’’,

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00121 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27888 EXTENSIONS OF REMARKS December 8, 2005 recently introduced by my colleague, Con- Jr. Sam passed away after a long illness on CONGRATULATING MICHELLE gressman MIKE THOMPSON. This bill requires December 4, 2005, but his legacy and con- CUNNINGHAM an investigation into chemical and biological tributions will live on in the hearts and minds weapons tests, especially those carried out of many for generations to come, and we are HON. MICHAEL C. BURGESS from 1962–1974 on our nation’s service- forever grateful for his service to our country. OF TEXAS members. Born and raised in Lake Waccamaw, N.C., IN THE HOUSE OF REPRESENTATIVES In this time of war, it is prudent that we re- Captain Flynn embodied the true spirit of a Thursday, December 8, 2005 double our efforts to ensure that the nation is dedicated and determined leader. He grad- willing and able to protect our troops deployed uated from Hallsboro High School as Valedic- Mr. BURGESS. Mr. Speaker, I rise today to in Iraq and Afghanistan. To that end, it is im- torian of the class of 1951, where he earned congratulate Michelle Cunningham for receiv- perative that we learn from the past—and one varsity letters in football, basketball and base- ing an Outstanding Community Service Award of the great lessons to be learned is that of ball. In 1955, he graduated from Wake Forest from the 16th Annual University of North Project 112 and SHAD. College with a Bachelor of Science degree. Texas Latinos in the 21st Century Conference. Project 112 was a Department of Defense Ms. Cunningham was selected as an indi- After college, Captain Flynn entered the program of weapons testing and SHAD (Ship- vidual whose contributions foster and enhance U.S. Navy and received his Navy Wings of board Hazard and Defense) was a part of the education for Hispanic students and promotes Gold and designation as a Naval Aviator in larger Project 112. SHAD involved a series of community values. June 1958. Throughout his 31 years of serv- tests that were conducted to determine the The Latinos in the 21st Century Conference ice, he proudly served as a fighter pilot and vulnerability of U.S. warships to attacks with was held on October 14, 2006 at UNT. The Landing Signal Officer, and assumed com- chemical and biological agents. Although serv- theme was ‘‘Reaching La Raza: Catering to mand of Fighter Squadron 31, Carrier Air ice members were not test subjects, they were the Future.’’ The conference promotes higher Wing TWO, Fighter Wing ONE, and NAS on board the ships during the tests. education among Latinos/Hispanics/Chicanos Kingsville, Texas. With Fighter Squadron 31, So far, almost 6000 unknowing military per- in the North Texas region and discusses Captain Flynn embarked on his third South- sonnel have been identified as having been in- issues relevant to this growing population. The east Asia tour, and on June 21, 1972, he and volved in Project 112, exposed to Vx Nerve UNT Division of Equity and Diversity who his Radar Intercept Officer downed a MIG–21 Gas, Sarin Nerve Gas, E. coli and other toxins works to develop a supportive environment for over North Vietnam, making the first MIG kill and carcinogens. The illnesses occurring at a culturally diverse faculty, staff, and student of the war for Fighting 31, SARATOGA, and too early ages among many of these veterans body at the University of North Texas spon- Attack Carrier Air Wing 3. He flew over 250 seem to be more than a coincidence. sored the conference. I want to commend our veterans for their combat missions in the F–4 Phantom and Michelle Cunningham is the Community & diligence in bringing this matter to the fore- logged a total of 1,175 aircraft carrier arrested International Relations Coordinator for the City front. Once again, it is our veterans who had landings. Not only did Captain Flynn serve his of Denton Economic Development. She has to advocate on their own behalf to get the city, state, and nation with distinction, dedica- been employed with the City for seven years. government to release information about tion, and determination, he also understood Factors leading to Ms. Cunningham’s selection harmful exposures so they could better under- the price of freedom and risked his life so oth- included her long-term support of educational stand their health issues and illnesses. The ers could rest peacefully each night. outreach initiatives sponsored by the UNT Department of Defense denied the tests up Captain Flynn is a highly decorated sailor, Center for Outreach and Community Involve- until 2002. receiving the Silver Star, 5 Distinguished Fly- ment, her vocal advocacy for educating Den- We have learned a lot since 2002 when ing Crosses, and 3 Meritorious Service med- ton’s underrepresented students, and her these tests became public knowledge, but als. He also received 22 Strike Flight Air Med- mentorship and leadership of Hispanic stu- there is still much to learn. That is why this als, 2 individual awards of the Air Medal, 3 dents and families. The Denton LULAC Coun- bill, H.R. 4259, is so important. We need an Commendation Medals (with combat ‘‘V’’), and cil has also recognized her initiatives and she independent effort to diligently pursue all ave- numerous other awards and ribbons. was a nominee for the Dallas region LULAC nues to discover every veteran who was af- Captain Flynn loved his family and was pre- woman of the year. fected by this testing and to provide each one deceased by his first wife, Shirley Ownby I extend my sincere congratulations to Ms. with appropriate treatment and benefits. In ad- Flynn, and is survived by his present wife, Michelle Cunningham on receiving this award dition, we need to ensure that steps are taken Melynda McIntyre Flynn; his son, Samuel C. and commend her dedication and desire to to prevent and improve the documentation of Flynn, III of San Diego, CA; his daughter, Eliz- help her community. potentially harmful exposures during the cur- abeth Flynn Pforr, her husband Paul and their f rent wars. The lives of our veterans depend children Kyle and Alexandria Pforr, of Alexan- RECOGNIZING THE ACHIEVEMENT on our diligence. dria, VA; his brother, James ‘‘Jimmy’’ L. Flynn, OF ACTON ARCHIE H.R. 4259 is endorsed by the Vietnam Vet- his wife Nancy, of Wilmington, NC; as well as erans of America, the American Legion, the his brother-in-law, David Ownby and his wife Veterans of Foreign Wars, the Disabled Amer- Jean, of Cumberland, VA. HON. WALTER B. JONES ican Veterans, the Military Order of the Purple OF NORTH CAROLINA President Dwight D. Eisenhower once said, Heart, the Military Officers Association of ‘‘If we make ourselves worthy of America’s IN THE HOUSE OF REPRESENTATIVES America, the Paralyzed Veterans of America ideals, if we do not forget that our Nation was Thursday, December 8, 2005 and the Blinded Veterans Association. Won’t founded on the premise that all men are crea- you join them? Please let Congressman Mr. JONES of North Carolina. Mr. Speaker, tures of God’s making, the world will come to THOMPSON know that you want to co-sponsor recently I had the honor to meet an amazing know that it is free men who carry forward the H.R. 4259! young man from North Carolina, his name is true promise of human progress and dignity.’’ f Acton Archie. I wanted the opportunity to not Indeed, Sam Flynn’s life was the embodiment only congratulate Archie, but to tell you about TRIBUTE TO CAPTAIN SAMUEL C. of this. He was a man who was known by per- his life. FLYNN sons of all races, ages, and religions for both Too often we hear about the bad choices his kind deeds and his loving, unselfish heart. young people make and the decisions that HON. MIKE McINTYRE Mr. Speaker, dedicated service to others lead them down a path to nowhere. Fortu- OF NORTH CAROLINA combined with dynamic leadership has been nately, Acton Archie made the right decisions, IN THE HOUSE OF REPRESENTATIVES the embodiment of Captain Flynn’s life. May despite unimaginable obstacles, which has led we all use his wisdom, selflessness, and in- him down the right path. Thursday, December 8, 2005 tegrity as a beacon of direction and a source Growing up in Charlotte, Acton moved from Mr. MCINTYRE. Mr. Speaker, I rise today to of true enlightenment for many, many years to one public housing development to another, pay tribute to a true gentleman, wonderful come. Indeed, may God bless to all of our he moved 12 times in 12 years. His father was husband and father, and extraordinary leader memories the tremendous life and legacy of murdered when he was just a child and his in our Armed Forces, CAPT Samuel C. Flynn, Captain Samuel C. Flynn, Jr. mother struggled with drug addiction. By 9th

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00122 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE December 8, 2005 EXTENSIONS OF REMARKS 27889 grade, Acton rarely attended school; he was FREEDOM FOR ANTONIO AUGUSTO Barry Alvarez. In Barry Alvarez’s 16 years as surrounded by crime and drugs. He was on VILLAREAL ACOSTA coach, the Wisconsin Badgers have gone from the verge of dropping out of school altogether a 1–10 record in 1990 to three-time winners of when he was introduced to Communities in HON. LINCOLN DIAZ-BALART the Rose Bowl and the Big Ten Conference. School, a program that helps young people OF FLORIDA Coach Alvarez has made the University of successfully learn, stay in school, and prepare IN THE HOUSE OF REPRESENTATIVES Wisconsin into a perennial Big Ten Champion- for life. Acton credits his grandmother, his ship contender. The abilities, both on and off strong faith in God and Communities in Thursday, December 8, 2005 the field, of players led by Coach Alvarez, Schools for literally saving his life. Mr. LINCOLN DIAZ-BALART of Florida. Mr. many of whom have been All-Americans and Acton not only finished high school, he Speaker, I rise today to speak about Antonio have gone on to play in the NFL, serve as a graduated with a 3.8 GPA. He then went on Augusto Villareal Acosta, a political prisoner in testament to the standard of excellence that to attend North Carolina State University totalitarian Cuba. he established at the University of Wisconsin’s where he recently graduated with a degree in Mr. Villareal Acosta is an economist and football program. Business Management. He will soon begin a bookkeeper under a regime that bans truth It is with great sadness that I acknowledge career as a business analyst with the world’s and facts. As a student of truth, Mr. Villareal Coach Alvarez’s retirement from his duties as largest privately held software company. Acosta quickly joined the courageous opposi- head coach at the close of this season. How- Ten years ago, if someone would have told tion to demand human rights, democracy, and ever, Barry Alvarez will now be dedicating his Acton that he would achieve so much, I doubt freedom from tyranny. Because he believes in full attention to being Athletic Director at the he would have believed them, but the wonder- freedom and because he actively and peace- University of Wisconsin. There is no doubt that ful thing is that he has achieved so much. I fully advocates for liberty, Mr. Villareal Acosta Coach Alvarez will continue to bring the same am certain even greater things are yet to has been targeted by the despotic regime. determination and commitment he has brought come for this young man. In March 2003, as part of the tyrant’s hei- to all of the University of Wisconsin’s athletic I would like to congratulate Acton Archie for nous island wide crackdown on peaceful, pro- programs as he continues his role of Athletic his achievements, but I also want to congratu- democracy activists, Mr. Villareal Acosta was Director. It is fitting that in Coach Alvarez’s late Acton for the tremendous courage he has arrested by the regime. In a sham trial, he final year as football coach, the team excelled shown in overcoming barriers in his life. This was sentenced to 15 years in the totalitarian beyond what some had predicted and will take young man is truly an inspiration to me, and gulag. on Auburn in the Capital One Bowl, on Janu- I know he is an even greater inspiration to Mr. Villareal Acosta is languishing in the re- ary 2, 2006. While at the close of this season young kids who feel trapped by their situation volting, hellish gulag. However, being confined he may no longer be Coach of the University in life. in these inhuman conditions has not stopped of Wisconsin’s football team, his legacy of May God Bless Action Archie and all who him from continuing to demand freedom and dedication, hard work, and excellence at the continue to overcome roadblocks in their lives justice for the people of Cuba and his fellow University of Wisconsin is far from being com- to achieve what might have been seen at one political prisoners. Amnesty International re- plete. Thanks Coach, Job Well Done. time as the ‘‘Impossible Dream.’’ ports that Mr. Villareal Acosta has participated f Thank you, Acton Archie. in hunger strikes while imprisoned in Castro’s PERSONAL EXPLANATION f dungeon. He has undertaken these strikes to bring attention to the repulsive squalor of the HONORING RICHARD GORDON ON gulag, the lack of medical attention, and the HON. LUIS V. GUTIERREZ HIS RETIREMENT barbaric punishment cells; all of his actions OF ILLINOIS have been in defiance of the machinery of re- IN THE HOUSE OF REPRESENTATIVES HON. BART GORDON pression that has unjustly confined him in Thursday, December 8, 2005 OF TENNESSEE these repugnant conditions. Mrs. GUTIERREZ. Mr. Speaker, I was un- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it remains categorically unac- avoidably absent from this chamber today. I Thursday, December 8, 2005 ceptable that men and women who demand would like the record to show that, had I been freedom from tyranny are locked in the dun- Mr. GORDON. Mr. Speaker, I rise today to present, I would have voted ‘‘yea’’ on rollcall geons of tyrannical monsters. Here, under the vote 618. honor Rev. Richard Gordon for his 43 years of dome that represents freedom and democ- service to First Baptist Church in Murfrees- racy, we must continue to demand the libera- f boro, Tennessee. tion of all who suffer in the darkness of totali- IN RECOGNITION OF DR. ALICIA Since he became involved with First Baptist tarianism. ZIZZO in 1962, Rev. Gordon has helped the church Let me be clear, the willful ignorance of grow as Rutherford County has grown. After Cuba’s suffering under the Castro regime by HON. CAROLYN B. MALONEY four decades as pastor of First Baptist, Rev. much of the world’s press and most of the OF NEW YORK Gordon is now teaching the children and international community, amounts to abetting IN THE HOUSE OF REPRESENTATIVES grandchildren of some of the first people he the Castro dictatorship. Let us never forget, Thursday, December 8, 2005 taught there. But Rev. Gordon will give his last and always support, those who are struggling sermon to the congregation on Christmas Day. to liberate their people from the grip of tyr- Mrs. MALONEY. Mr. Speaker, I rise to rec- Rev. Gordon’s compassion extends beyond anny. My Colleagues, we must demand the ognize the extraordinary achievements of an the church and into the community. He serves immediate and unconditional release of Anto- important member of the New York commu- on the Murfreesboro Affordable Housing Advi- nio Augusto Villareal Acosta and every pris- nity, Dr. Alicia Zizzo. sory Board and Rutherford County Guidance oner of conscience locked in Castro’s totali- Critics have described Dr. Zizzo as one of Center Board. In addition, he has been in- tarian gulag. America’s most important classical musicians, volved with many national organizations, such f both for her skills as a pianist and her re- as the NAACP, the United Ministerial Alliance search on George Gershwin’s body of work, and the National Baptist Congress. HONORING COACH BARRY celebrated and forgotten. Her pianistic artistry In 1967, I attended one of Rev. Gordon’s ALVAREZ has brought her international acclaim and has services for the first time. I know firsthand that been recognized on four continents. his leadership and dedication will be deeply HON. TAMMY BALDWIN Dr. Zizzo’s musicological scholarship is fo- missed by his congregation. I also have a feel- OF WISCONSIN cused on the research and restoration of the ing that his service to the community will not IN THE HOUSE OF REPRESENTATIVES classical piano literature of George Gershwin. end with his retirement. As Rev. Gordon says, She has been able to enhance what was a re- ‘‘You don’t retire from the ministry.’’ Thursday, December 8, 2005 markably small classical piano solo repertoire I commend Rev. Gordon for his 43 years Ms. BALDWIN. Mr. Speaker, I rise today to by working with the Library of Congress, War- with First Baptist Church. And I wish him all honor the coach of the University of Wisconsin ner Brothers Publications, the Gershwin estate the best in his retirement. football team who retires this year, Coach and other scholars.

VerDate Sep 11 2014 11:11 Mar 02, 2017 Jkt 000000 PO 00000 Frm 00123 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK20\BR08DE05.DAT BR08DE05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 27890 EXTENSIONS OF REMARKS December 8, 2005 Dr. Zizzo succeeded in researching, tran- and support of parent volunteers, school deci- friend of mine, and someone I always looked scribing and inevitably recreating Gershwin’s sion making and advocacy, and collaborating up to. This is a great loss for the state and lost and forgotten classical solo piano manu- with the community. people of Nevada. He will be greatly missed scripts notated in his own hand. She ap- Today, I would like to recognize the LHHS by all of us. proaches these manuscripts not with the ob- Parent Involvement in Schools Excellence cer- f jective of making yet another arrangement of tification committee, including chairwoman, Liz his melodies as so many musicians have al- Luthans, Bonnie Blackman, Bob Iden, Sharin THE MILBANK MEMORIAL FUND ready done, but rather to literally reconstruct Clark, and Jenny Wagner. I would also like to CELEBRATES 100 YEARS OF IN- from fragments, sketches and partially com- recognize parents Paula Davis, Beth Hanks, FORMING POLICY FOR HEALTH pleted scores that had been long neglected. Tami Trostel and Lake Highlands Exchange CARE AND POPULATION HEALTH Critics have lauded her for the discovery of Club representative Jerry Allen who also transitional scores which bring new life to clas- served on the committee. HON. CAROLYN B. MALONEY sic Gershwin material. For example, the New As the Congressman for the Fifth Congres- OF NEW YORK York Times, Washington Post and many other sional District of Texas, I am very proud to IN THE HOUSE OF REPRESENTATIVES widely recognized publications throughout the represent Lake Highlands High School. Lake Thursday, December 8, 2005 United States and the world have hailed Dr. Highlands High School’s PTA is truly helping Zizzo for her groundbreaking musicological to shape a brighter future for our community Mrs. MALONEY. Mr. Speaker, I recognize analysis of the original manuscripts of and our country. I would like to offer my con- the achievements of the Milbank Memorial Gershwin’s famous Rhapsody in Blue. Dr. gratulations on this occasion and best wishes Fund, on the occasion of its centennial cele- Zizzo was able to restore approximately 80 for their continued success. bration. The Milbank Memorial Fund is an out- measures, mostly solos, that were deleted f standing organization which engages in non- during editing—not done by Gershwin him- partisan analysis, study, research, and com- self—for publication. IN MEMORY OF JAMES CASHMAN, munication on significant issues in health pol- Dr. Zizzo has also been praised for unearth- JR. icy, particularly for those people of greatest ing material never known to exist. Her land- risk of disease and death. The Fund grew out mark, best selling CDs feature lost Gershwin HON. JON C. PORTER of Elizabeth Milbank Anderson’s philanthropic classics like Seven Preludes, Blue Monday, OF NEVADA achievements during the Progressive Era, as Lullaby, Sleepless Night and other previously IN THE HOUSE OF REPRESENTATIVES she worked to prevent and remedy illnesses linked to poverty. Today, the Fund continues unpublished scores. She also created a brand Thursday, December 8, 2005 new manuscript edition of Rhapsody in Blue her legacy through an active approach to and a piano solo suite on the background or- Mr. PORTER. Mr. Speaker, I would like to health care. chestral scores of the movie Shall We Dance express my condolences to the family and Elizabeth Milbank Anderson was committed (1937). Also published is a piano solo tran- friends of James Cashman, Jr. Anyone living to disease prevention and public health, rec- scription of the symphonic work I Got Rhythm in the Las Vegas valley knows of the contribu- ognizing improper sanitary conditions as a Variations. tions that James gave not only to the commu- major source of disease affecting the poor. In 1998, during the Library of Congress’s nity, but also to his family and friends. He was She founded the Milbank Public Baths on East four day celebration of the Gershwin Centen- a native of Las Vegas and a member of a 38th Street in New York City in 1904. Ander- nial, Dr. Zizzo was the only concert pianist in- family traditionally dedicated to the develop- son made gifts to the National Committee for vited to present a full recital and lecture. Later ment of Southern Nevada and to service to Mental Hygiene, in Manhattan, and Manhat- that year, she was recognized by Hofstra Uni- the people of the area. tan’s Home Hospital for tuberculosis patients. versity with an Honorary Doctorate degree for Born February 19, 1926, James served as a As a strong supporter of women’s education, her important contributions to American music. gunnery instructor in the Army Air Corps dur- she was one of the first trustees of Barnard Mr. Speaker, I request that my distinguished ing World War II, after which he entered the College. She provided the funds for the col- colleagues rise and pay tribute to a great New business of his father. In 1945 he married the lege’s first building, Milbank Hall, and pur- Yorker, Dr. Alicia Zizzo, for her accomplish- former Mary Carmichael, who survives him. chased for the college three city blocks that ments. Her many successes have brought to He was appointed General Manager of became the Milbank Quadrangle. Acting on light music scores by our greatest American Cashman Cadillac and became co-owner of the suggestion of her cousin, Anderson cre- composer, George Gershwin, important scores Cashman GMC Truck in 1958. In 1962 he as- ated the Milbank Memorial Fund, named for that we may continue to enjoy for generations sumed the Presidency of Cashman Enter- her parents. to come. prises. In accordance with Anderson’s philosophy, f James Cashman, Jr. became a true leader the Fund recognizes that the public’s health of the community and was very active in com- depends not only on conquering infectious dis- HONORING THE LAKE HIGHLANDS munity service, including the Junior Chamber eases but also addressing the underlying HIGH SCHOOL PARENT TEACH- of Commerce, the Greater Las Vegas Cham- causes and problems of these infections, such ERS ASSOCIATION ber of Commerce, Nevada Development as housing, nutrition, health care, medical Foundation, University of Nevada Land Foun- services and poverty. Accordingly, the Fund HON. JEB HENSARLING dation and United Way of Clark County. He has been staunchly committed to evaluating OF TEXAS was also a member of the Southern Nevada and researching the causes of disease, focus- IN THE HOUSE OF REPRESENTATIVES Drug Abuse Council; the Boys & Girls Club of ing on prophylaxis and prevention in lieu of Las Vegas, Executive Board; Boulder Dam the more popular health care methods of treat- Thursday, December 8, 2005 Area Council, Boy Scouts of America; the Las ment and suppression. After her death, addi- Mr. HENSARLING. Mr. Speaker, I would Vegas Elks Lodge, and the Las Vegas Rotary tional bequests increased the fund’s assets to like to honor Lake Highlands High School’s Club. about $10 million, or $110 million in 2005 dol- Parent Teachers Association (PTA) for achiev- James received many commendations and lars. ing the Parent Involvement Schools of Excel- awards over the years, some of which include One of the Fund’s earliest projects included lence certification from the National Parent being named the Las Vegas Junior Chamber’s creating models for agencies which would Teachers Association in 2005. Outstanding Young Man of 1955. In 1969, he later become neighborhood health centers. Lake Highlands High School (LHHS) is the was named chairman of the United Fund Based on the premise that health must be only school in the Dallas-Fort Worth area to Drive. In 1974, Cashman became president of conducted by the people not on the people, achieve certification from the National PTA the United Way of Clark County. three local demonstration centers were erect- and only one of three recipients in the State I would like to express my sincere sympathy ed. The last center to be established, the of Texas. The award is based on excellence to the family and friends of James Cashman, Bellevue-Yorkville center, on the East Side of in six areas: communication between school Jr. As we move forward in our lives, may we Manhattan, for example, tested the effective- and parents, promotion of parenting skills, par- never forget his achievements and contribu- ness of organizing big-city public health serv- ent assistance in student learning, recruitment tions. He was a wonderful person, a good ices at the district level.

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I ask all my colleagues to the implications for policy of the Americans for rome Brimmage of the First United Methodist join with me in celebrating the career of this Disabilities Act; the adequacy of retirement in- Church, and the entire community of Mineola, consummate professional and extraordinary come for the baby boom generation; the sa- Texas, for their part in providing relief to the person. lience of health for foreign policy; and rapidly victims of Hurricanes Katrina and Rita. f growing evidence about the effectiveness of f health care intervention. The Fund also con- IN RECOGNITION OF THE UNITED ducts policy reviews on topics ranging from A TRIBUTE TO THE SERVICE OF COMMUNITY CIVIC ASSOCIATION Households and Health Services to Opportuni- WINDSOR FREEMYER ties in Prevention Policy. HON. CAROLYN B. MALONEY The Milbank Memorial Fund is also known HON. JON C. PORTER OF NEW YORK for its philanthropic commitment. In total, the OF NEVADA IN THE HOUSE OF REPRESENTATIVES Fund has spent $465 million (in 2005 dollars) IN THE HOUSE OF REPRESENTATIVES on charitable purposes. One example of the Thursday, December 8, 2005 Fund’s charitable work includes a Milbank Thursday, December 8, 2005 Mrs. MALONEY. Mr. Speaker, I rise to ac- Scholars Program, which provided five-year Mr. PORTER. Mr. Speaker, I rise today in knowledge the achievements of the United fellowships for epidemiology training and re- tribute to Windsor Freemyer, a dear friend and Community Civic Association (UCCA) on the search to medical school junior clinical faculty, undeniably one of the most talented, dedi- occasion of its annual holiday champagne encouraging advancement of the work of cated and trustworthy individuals on Capitol brunch. I ask that my colleagues join me in young professionals in the field of community Hill. As my Chief of Staff for the past 3 years, saluting UCCA’s distinguished honorees: As- medicine. Windsor has continually proven her ability to sembly Member Michael N. Gianaris, Council Although the health care problems our world advise with confidence, and critique with kind- Member Peter F. Vallone, Jr., Gerald J. faces today are daunting, and at times, may ness. Walsh, and Dr. Arthur N. Gualtieri. seem insurmountable, it is the work of organi- Windsor began her career on Capitol Hill The United Community Civic Association is zations like the Milbank Memorial Fund which with Senator Hank Brown from Colorado in one of the Queens community’s foremost help us understand and then properly combat 1992, served as a Legislative Assistant for neighborhood organizations. Deeply com- the health care dilemmas which confront us. Scott McInnis from Colorado, and joined the mitted to the improvement of the Queens com- That the Fund manages to carry out such crit- Nevada delegation with now Senator, then- munity, UCCA has remained vigilant on a vari- ical research and education, is a testament to Representative, JOHN ENSIGN during his fresh- ety of issues relevant to Queens residents, in- the legacy left by Anderson, and to the man year. Windsor quickly advanced and be- cluding airport pollution and health concerns. present leadership of Samuel Milbank and came Representative CHRIS CANNON’s Chief of Furthermore, UCCA is an important catalyst Daniel Fox. Staff in 1998. Her final stop before joining my for community pride and involvement. UCCA Mr. Speaker, I rise to request that my col- staff in 2002, was a tenure with the Sugar hosts a yearly candlelight ceremony honoring leagues join me in paying tribute to the out- Growers of America. the firefighters who lost their lives on Sep- standing contribution made by the Milbank While Windsor’s resume demonstrates her tember 11 and organizes the annual Flag Day Memorial Fund, during its 100 years. May it ability to serve various members in many ca- Parade in Queens. These events are moving continue to serve the community for many pacities, I would like to briefly mention two of tributes to the best America has to offer, and years to come. her most significant accomplishments. Wind- are always beautifully done. f sor was vital in the passage of the Southern UCCA is also known for its tradition of ex- Nevada Public Lands Management Act. cellent leadership. UCCA’s president, Rose HONORING PASTOR JEROME Through her efforts, the people of Southern Marie Poveromo, has served as a pillar of the BRIMMAGE AND THE FIRST Nevada receive the much needed infrastruc- Queens community through her leadership UNITED METHODIST CHURCH ture and education dollars that are so impor- and activism. She has contributed to commu- tant to our dynamic community. I would also nity dialogue on issues of public concern and HON. JEB HENSARLING like to point to her dedicated opposition to the sustained the spirit of civic participation so im- OF TEXAS storage of high-level nuclear waste at the portant to our Nation’s health and well-being. IN THE HOUSE OF REPRESENTATIVES Yucca Mountain Waste Repository. She has The recipients of UCCA’s ‘‘Men of the Year’’ Thursday, December 8, 2005 proven to be a stalwart force in helping per- awards, Assembly Member Michael N. Mr. HENSARLING. Mr. Speaker, today, I suade others of the inadvisability of this ac- Gianaris and Council Member Peter F. would like to honor Pastor Jerome Brimmage tion. For all of her efforts, I and the people of Vallone, Jr., have outstanding records of pub- and the congregation of First United Methodist Southern Nevada thank her. lic service and community activism. Rep- Church of Mineola. In the hours and days be- While I am fortunate that Windsor shared resenting the 36th Assembly District in fore Hurricanes Katrina and Rita, the First her talents and skills with my office, I have Queens, Assembly Member Gianaris has es- United Methodist Church began preparing, so been truly blessed in knowing Windsor tablished himself as an effective and smart when the time came they were able to offer Freemyer as a person. She and her husband legislator, authoring many public safety meas- assistance, shelter, and other words of help to Allen are the parents of two beautiful and in- ures to enhance New York’s security after the victims of these 2 devastating hurricanes. telligent daughters, Lucy and Lilly. Both are attacks on New York on September 11, 2001. Members of the First United Methodist lucky to have inherited the unlikely combina- A lifelong resident of Queens, Assembly Mem- Church stockpiled relief supplies for victims, tion of warmth and sincerity that have made ber Gianaris has committed himself to improv- including over 150 hygiene kits. The church Windsor such a vital member of my staff. ing the community in which he grew up and itself opened its doors to house evacuees and Windsor, from the bottom of my heart, I has provided the residents of Queens with im- volunteers and within hours, residents of Min- thank you for everything you have done for peccable leadership. eola began arriving with towels, sheets, blan- me, my staff, and the people of Southern Ne- Council Member Peter F. Vallone, Jr., also kets, as well as other items for those in need. vada. I wish you all the best in the coming has shown exemplary public service to our More than 40 businesses, churches and civic years and am confident that your past suc- community. A tireless advocate for public safe- organizations helped by donating money, food, cesses will only enhance your talents in the ty issues, Council Member Vallone has led the and clothing. Approximately 450 volunteers future. fight to keep illegal guns off of the streets of also gave their time to make the evacuees’ Mr. Speaker, Members of Congress search New York City. Council Member Vallone has stay as pleasant as possible. far and wide for the most qualified and tal- also been a strong advocate for environmental I am proud of the residents of the Fifth Dis- ented staff. I was most fortunate to have found rights, introducing bills to curtail the carbon di- trict who gave their time and energy to help the ideal of this in Windsor. I am honored to oxide emissions from power plants.

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OF HAWAII OF MASSACHUSETTS Dr. Arthur N. Gualtieri, the Deputy Commis- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES sioner at The City of New York Department of Thursday, December 8, 2005 Thursday, December 8, 2005 Health and Mental Hygiene and former Med- Mr. ABERCROMBIE. Mr. Speaker, I rise ical Director of the Mount Sinai Hospital of Mr. CAPUANO. Mr. Speaker, I rise today to today to recognize the great contributions of honor Dr. Roy J. Glauber, a distinguished pro- Queens, is being recognized with the Special the Filipino community to Hawaii’s diverse and Award of Recognition. A devoted public serv- fessor of physics at Harvard University, who multicultural society, as we commemorate the will be awarded the 2005 Nobel Prize in Phys- ant, Dr. Gualtieri is both a physician and a arrival of the first Filipinos and the commu- lawyer and a member of both the Queens ics this weekend in Stockholm, Sweden. Dr. nity’s subsequent achievements in Hawaii. Glauber will share the prestigious prize with County Bar Association and the Queens Since the arrival of the first Filipinos to Ha- John L. Hall of the University of Colorado and County Medical Society. As a resident of waii in 1906, the rich culture and proud herit- Theodor W. Hansch of the Institute for Quan- Astoria, Dr. Gualtieri continues his devotion to age of the Filipino people have been and con- tum Optics in Munich, Germany. All three will the Queens community by serving as a mem- tinue to be a positive influence upon life in Ha- receive the award for their groundbreaking ber of the Board of Directors of the Astoria waii. Next year marks the 100th anniversary of work in optics and the nature of light. Civic Association, SHAREing & CAREing, and their arrival in Hawaii. The Centennial Cele- Dr. Glauber will receive the Nobel Prize for UCCA. bration will reflect the courage, values, pride his contribution to the quantum theory of opti- Mr. Speaker, I request that my colleagues and dedication of all Filipinos. The Celebration cal coherence. His research on the subject join me in paying tribute to the United Com- will also raise awareness about the important was published in 1963 and provided a theo- munity Civic Association and its celebrated accomplishments of Filipinos for the past 100 retical description of the behavior of light par- honorees: Assembly Member Gianaris, Coun- years in the fields of politics, education, busi- ticles. Dr. Glauber’s groundbreaking work laid cil Member Vallone, Mr. Walsh, and Dr. ness, labor, industry and medicine. It will raise the foundation for the development of incred- Gualtieri. awareness about the challenges and struggles ibly high precision instruments such as lasers f that Filipinos have faced to earn their rightful and Global Positioning Systems. place in society. HONORING SCOTT COULSON AND As a teenager growing up in New York, Dr. The Centennial Celebration reflects the THE POTEET HIGH SCHOOL Glauber became so fascinated by astronomy growing significance of the Filipino community, MARCHING BAND that he created his own lens for a telescope. its growing role in the development of public His interest in physics and mathematics blos- policy, and its increasing contributions to pol- somed during his high school years at the HON. JEB HENSARLING icy leadership at every level of government— Bronx High School of Science. During his un- OF TEXAS local, state and national. IN THE HOUSE OF REPRESENTATIVES Mahuhay and best wishes to the Filipino dergraduate years at Harvard, Dr. Glauber also worked on the Manhattan Project, devel- Thursday, December 8, 2005 Centennial Commission and everyone in the Filipino community who has joined together to oping the first atomic bomb. He graduated Mr. HENSARLING. Mr. Speaker, today I celebrate Hawaii’s Filipino Centennial. You summa cum laude from Harvard in 1946 and would like to honor Mr. Scott Coulson and the have the nation’s thanks for your contribution, went on to earn a Ph.D. at Harvard in 1949. Poteet High School Pirate Marching Band for and you can count on my continued support. Upon graduation, Dr. Glauber conducted re- their recent victory at the University Inter- search at the Institute for Advanced Studies at scholastic League State AAAA Marching Band f Princeton and at the California Institute of Championship. On November 8, 2005, the Pi- TRIBUTE TO MRS. ROSE BROWN Technology. In 1952, he returned to Harvard rates competed against more than 20 other where he has taught and researched ever bands from across the State of Texas and HON. DANNY K. DAVIS since. won their second State Championship since OF ILLINOIS Dr. Glauber is a role model for young peo- 1997. IN THE HOUSE OF REPRESENTATIVES ple all across this country. I hope that his ex- This year mark’s Mr. Coulson’s 25th year of traordinary achievements and contributions will service to the Mesquite Independent School Thursday, December 8, 2005 serve as an inspiration to students at all levels District and his 18th year on the faculty of Mr. DAVIS of Illinois. Mr. Speaker, I rise to to pursue the study and career of science. As Poteet High School. In addition, Mr. Coulson pay tribute to a dynamic, feisty, dedicated, we honor Dr. Glauber and the other prize win- will also soon be inducted into the John Phillip committed and courageous community, civic ners, it is critical that we also recognize our Sousa Foundation Legion of Honor, where he and religious leader who gave of herself con- obligation to provide the next generation of will be recognized as an outstanding high sistently until all of her energy was gone and Americans with the scientific and technological school band director. she had no more to share. Just a few weeks education that they need to succeed in today’s A graduate from Mesquite High School, ago, I was pleased to speak at a banquet global economy. Scott Coulson has been a strong role model sponsored by Women for Social Change and f and exceptional leader for the Poteet Pirates of course, Mrs. Brown was in charge as she Marching Band. In 1987, he was named Direc- so often was. The banquet was in a church RECOGNITION OF THE HEROIC JOB tor of Bands at Poteet High School in Mes- dining hall and was focused on education. THAT WAS DONE BY THE U.S. quite, and has since then received multiple Mrs. Brown was one of those individuals that COAST GUARD AT THE TIME OF Interscholastic League Sweepstakes awards, you always looked forward to seeing and HURRICANE KATRINA led the band to four Grand Championships at hearing because you always knew that she the Plano East Invitational Marching Festival was either saying or doing something to ben- HON. FRANK PALLONE, JR. and five state Marching Championships. efit humanity. I always called Mrs. Brown, OF NEW JERSEY As the Congressional representative of the Aunt Rose because my friends who informally IN THE HOUSE OF REPRESENTATIVES students, parents, and teachers involved with adopted me into their family called her Aunt the Poteet High School Marching Band, it is Rose and that’s how I felt about her. Thursday, December 8, 2005 my pleasure to recognize their tremendous Aunt Rose, I close my tribute with these Mr. PALLONE. Mr. Speaker, we all wit- victory. This is an accomplishment that Mr. words: Roses are Red, Violets are Blue, nessed the heroic job that was done by the

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U.S. Coast Guard at the time of Hurricane New York (Mr. KING) in introducing the Nurs- nursing homes from installing sprinklers is the Katrina. It was widely noted in newspapers ing Home Fire Safety Act of 2005. cost. Already burdened by the increasing cost and on television that while other agencies of As millions of Americans visit their friends to care for their residents and shortfalls in the the Federal Government fell down on the job, and family in nursing homes in this holiday Medicare funding they rely on, they simply the U.S. Coast Guard upheld the motto that season, they want to know that their loved cannot afford these systems. In addition, while has been its standard of performance since its ones are safe from the threat of fire. However, CMS has it within their authority to increase creation in the 18th Century: Semper Paratus, it would disturb many to learn that the Govern- fire safety standards and mandate the installa- Always Ready. ment Accountability Office estimates that 20 to tion of sprinklers, it has repeatedly shied away What is less well known is that the Coast 30 percent of the 17,000 nursing homes from doing so because of the cost that would Guard is unique among the armed services across the country still lack a full fire sprinkler be passed on to nursing homes. because it has, associated with it, a civilian system. support organization, the U.S. Coast Guard Unfortunately, families in my district have That is why we are introducing this legisla- Auxiliary. Since 1939, these volunteer life-sav- seen tragic results of a nursing home fire first tion today. ers have backed up the active duty Coast hand. In February 2003 sixteen residents of a The Nursing Home Fire Safety Act of 2005 Guard by relieving the regulars of a number of nursing home in Hartford were killed in one of would provide low interest loans and need- tasks related to marine safety, search and res- the worst fires in the city’s history. Another based grants to nursing homes in the greatest cue, and pollution monitoring and control. The nursing home fire in Nashville, Tennessee need of assistance in tackling the high cost of 30,000 members of the Coast Guard Auxiliary later that year took the lives of fifteen people. installing sprinklers. The loan program would serve as a force multiplier in these times of In both cases these buildings were older facili- assist nursing homes that cannot afford the threats to our national security and their un- ties that had been allowed to operate without up-front cost of retrofitting their facilities, but paid service enables the Coast Guard to fulfill an automatic fire sprinkler system. could afford to pay back a low interest govern- its missions in this time of fiscal constraint. A July 2004 GAO report found that ‘‘the ment backed loan. The grant program would I would like to call special attention to the substantial loss of life in the Hartford and target those nursing homes in the greatest work of the 14 active members of the U.S. Nashville fires could have been reduced or Coast Guard Auxiliary Flotilla 014–05–05 of need of financial assistance in installing sprin- eliminated by the presence of properly func- kler systems by requiring the Secretary of Edison, New Jersey. tioning automatic sprinkler systems,’’ and that In the past year, these auxiliary members Health and Human Services to give priority to ‘‘federal oversight of nursing home compliance facilities that lack the resources to install these have conducted safety checks on 123 vessels, with fire safety standards is inadequate.’’ And, systems on their own. In addition, the bill ex- visited marine dealers and boatyards to dis- according to the National Fire Protection Asso- presses the sense of Congress that every tribute safety materials, conducted 3 dozen ciation (NFPA), there is no record of a multiple nursing home in America should be equipped boating safety courses, and attended boat death fire in a nursing home equipped with an with full sprinkler systems within 5 years and shows to stress to boat owners and prospec- automatic fire sprinkler system. tive owners the importance of marine safety It has been almost 2 years since the tragic that CMS should move quickly to adopt and the need to take safety courses to prevent fires of 2003, yet the federal government has stronger fire safety standards. accidents on the water. The Auxiliary helps taken only small steps to increase fire safety Together, these provisions will ensure that maintain aids to navigation and conducts pa- in nursing homes. To date the only concrete nursing homes have access to the financial re- trols using their own vessels. action the Centers for Medicare and Medicaid sources to overcome the cost of providing I ask my colleagues to recognize the con- Services (CMS) has taken to improve fire their residents with the fire safety protection tribution of Flotilla 014–05–05 of Edison, New safety is requiring nursing homes without a they need. Jersey to the mission of the U.S. Coast sprinkler system to install battery operated The Hartford and Nashville fires dem- Guard. smoke detectors. While this is a good first f onstrated the terrible and unacceptable con- step, the rule has been criticized by fire safety sequences of allowing cost to stand in the way INTRODUCTION OF THE NURSING advocates since the smoke detectors do not of fire safety. Congress has ignored this prob- HOME FIRE SAFETY ACT need to be hard wired to the building’s alarm lem for far too long and it is time for us to take system or 9–1–1. action to ensure that our nation’s most vulner- Experts agree that it’s not a matter of ‘‘if’ HON. JOHN B. LARSON able are safe from the threat of fire. there will be another nursing home fire, but OF CONNECTICUT when and how bad. It should not take another Again, I thank Mr. KING for joining me in this IN THE HOUSE OF REPRESENTATIVES tragedy to remind us how vulnerable our nurs- important initiative, and urge our colleagues to Thursday, December 8, 2005 ing homes are to fire. join us in helping to make nursing homes in Mr. LARSON of Connecticut. Mr. Speaker, I According to the GAO and industry experts, their districts—and around the country—safe am proud today to join the gentleman from the single biggest obstacle preventing most from the threat of fire.

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