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

Vol. 151 WASHINGTON, THURSDAY, JUNE 23, 2005 No. 85 House of Representatives The House met at 10 a.m. The SPEAKER. State your inquiry. ANNOUNCEMENT BY THE SPEAKER The Chaplain, the Reverend Daniel P. Mr. LAHOOD. Mr. Speaker, I have no- The SPEAKER. The Chair will recog- Coughlin, offered the following prayer: ticed at least one occasion when a nize up to 10 Members on each side for Eternal God, guide and protector of Member announced he was opposed to a 1-minute speeches. Your people, grant us unfailing respect measure when he sought to offer a mo- for Your holy name and for Your holy f tion to recommit but then voted ‘‘yes’’ presence in the people we meet today. GITMO on passage of the bill. Consecrate the work of this Congress. (Ms. PRYCE of Ohio asked and was Raise up statesmen here and abroad Mr. Speaker, is that regular order? given permission to address the House who will recognize Your holy will in The SPEAKER. As Members are for 1 minute and to revise and extend the waves of history and the will of the aware, the first element of priority in her remarks.) people whom they serve. recognition for a motion to recommit Ms. PRYCE of Ohio. Mr. Speaker, I May the peace and prosperity of this is whether the Member seeking rec- rise today on behalf of our military. It Nation be secured, while our attention ognition is opposed to the main meas- has been 4 years since terrorists killed is expanded and genuine concern for ure. This criterion is not a matter of more than 3,000 innocent people and it others is deepened by sincerity. record at that point. Instead, it de- seems that Democrats still do not un- Your bountiful resources of the Earth pends on the statement of the Member derstand who the enemy is. are plentiful enough, Lord, and can seeking recognition. Under the prac- They have turned their rhetoric to even be multiplied by the ingenuity tice of the House exemplified in Can- the American soldiers who guard the and cooperative labor of people work- non’s Precedents, volume 8, section prison at Guantanamo Bay which ing together. 2770, the Chair accepts without ques- houses some of the world’s most want- For Your many gifts, we give You tion an assertion by a Member of the ed and is vital to the war on terror. praise, honor and thanksgiving now House that he is opposed to the meas- Their efforts have provided some very and forever. Amen. ure in its current form. valuable intelligence, intelligence that f The Chair is cognizant of the possi- will save countless lives and keep our THE JOURNAL bility that a very close question can country secure. Yet some would rather The SPEAKER. The Chair has exam- engender a genuine change of heart use it as a political tool than honor ined the Journal of the last day’s pro- during the collegial discussions that those who serve there. I hope our troops cannot hear them. ceedings and announces to the House occur during proceedings in recom- What is more, they would rather his approval thereof. mittal and passage. But it is hard to focus this Congress on investigating Pursuant to clause 1, rule I, the Jour- believe that such genuine changes of our own troops than on investigating nal stands approved. heart might occur on regular bases. So enemy combatants, would-be terror- f the Chair must ask all Members to re- flect on how important it is that the ists, and threats to our homeland. You PLEDGE OF ALLEGIANCE Chair be able to rely on the statement would think that the party of Truman The SPEAKER. Will the gentle- of a Member in judging whether he and FDR would reserve comparisons to woman from California (Ms. LINDA T. qualifies over another who is truly op- Nazis, the Holocaust and Pol Pot for al SA´ NCHEZ) come forward and lead the posed to offer a particular motion. Qaeda, Saddam’s ethnic cleansing, or House in the Pledge of Allegiance. Osama bin Laden. Ms. LINDA T. SA´ NCHEZ of Cali- The instance recorded in the Desch- But no. Those are the words they use fornia led the Pledge of Allegiance as ler-Brown Precedents, volume 12, chap- to describe our troops in the field, our follows: ter 29, section 23.49, is instructive. As military command, and our soldiers at articulated in an apology by the rank- I pledge allegiance to the Flag of the Guantanamo. United States of America, and to the Repub- ing minority member of the Committee I hope our men and women in uni- lic for which it stands, one nation under God, on Appropriations in 1979, ‘‘the honor- form cannot hear them. indivisible, with liberty and justice for all. able, if not technical, duty of a Member f f offering a motion to recommit is to vote against the bill on final passage.’’ RESTORE FUNDING FOR PUBLIC PARLIAMENTARY INQUIRY The Chair asks each Member to give BROADCASTING Mr. LAHOOD. Mr. Speaker, I have a thoughtful consideration to this senti- (Mr. MEEKS of New York asked and parliamentary inquiry. ment. was given permission to address the

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.000 H23JNPT1 H4988 CONGRESSIONAL RECORD — HOUSE June 23, 2005 House for 1 minute and to revise and LOBBYING REFORM We need to support Social Security re- extend his remarks.) (Mr. EMANUEL asked and was given form. Mr. MEEKS of New York. Mr. Speak- permission to address the House for 1 f er, I rise this morning to urge the minute and to revise and extend his re- 150TH ANNIVERSARY TREATIES House to restore full funding for public marks.) broadcasting. The Republican House Mr. EMANUEL. Mr. Speaker, yester- (Mr. BLUMENAUER asked and was appropriators’ unwise decision to cut day in the Senate we heard testimony given permission to address the House funding totaling 45 percent is offensive of blatant fraud masquerading as a le- for 1 minute.) to the millions of Americans who rely gitimate lobbying operation. And also Mr. BLUMENAUER. Mr. Speaker, on PBS for news and information. Par- yesterday, the Washington Post ran a this weekend marks the 150th anniver- ents depend on PBS to provide their front page story detailing the excesses sary of the Treaty with the Tribes of children with wholesome programming of K Street, known as Lobbyists Ave- Middle Oregon and today I have intro- that is educational and free of charge. nue. duced legislation to commemorate that But not only children benefit from Mr. Speaker, it is clear that these are event. There were a number of impor- PBS. Their programs and services also gold rush times for professional lobby- tant treaties signed in 1855 which in- educate adults and engage people in ists in Washington, DC. Since 2000, the cluded the Cayuse, Umatilla, Walla the sciences, history and arts; and in- number of professional lobbyists has Walla and ultimately the Warm form viewers and listeners of local and more than doubled, to 34,000. Profes- Springs. These treaties helped guide world events. As a result, PBS pro- sional lobbyists have become the full and shape the management of land, gramming helps Americans engage as service ‘‘back office’’ to Congress, ar- water, wildlife and fisheries of the Pa- literate citizens of their respective ranging lavish fact-finding trips, writ- cific Northwest now and into the fu- communities. ing legislation, and functioning as an ture. The treaties were understood by The Republican Party who preaches employment agency for Members and their signers to ensure the unique qual- about family values and morality is staff. ity of life of native peoples in middle turning its back on millions of Ameri- Just as we put distance between do- Oregon. cans who seek decent, wholesome pro- nors and Members of Congress when Unfortunately, the United States’ gramming free from the smut and vio- they run for office, we need to do the history of honoring its commitments lence that has infested the airwaves. same when it comes to professional to Native Americans leaves much to be Only the GOP would assassinate Big lobbyists and Members of Congress who desired. In honor of the anniversary of Bird, Elmo and Barney with one vi- write the laws. Our bill, the Meehan- these treaties, we should reaffirm and cious swipe of their mean-spirited, Emanuel bill, slows the revolving door support the promises made 150 years budget-cutting sword. between government and lobbying, en- ago between the Pacific Northwest It is time that my friends on the hances disclosure and transparency, tribes and the United States of Amer- other side of the aisle match their val- curbs privately funded congressional ica. Together, we have a rich legacy ues rhetoric with their actions and re- junkets and gives teeth to enforcement and a bright future to protect, and I store full funding for our families by mechanisms. With congressional ap- urge my colleagues in joining me in giving PBS the Federal moneys it just- proval at all-time lows, we must act supporting this resolution. ly deserves. now to restore public confidence. f Mr. Speaker, when your gavel comes STOP USING TAXPAYER DOLLARS f down, it should mark the opening of the people’s house, not the auction TO SUBSIDIZE VIAGRA FOR SEX OFFENDERS CONCERNING THE ROLE OF house. GUANTANAMO BAY PRISON f (Mr. DOOLITTLE asked and was given permission to address the House (Ms. ROS-LEHTINEN asked and was SOCIAL SECURITY for 1 minute.) given permission to address the House (Mr. MCHENRY asked and was given Mr. DOOLITTLE. Mr. Speaker, we for 1 minute and to revise and extend permission to address the House for 1 must stop using taxpayer dollars to her remarks.) minute.) subsidize Viagra for sex offenders. It Ms. ROS-LEHTINEN. Mr. Speaker, Mr. MCHENRY. Mr. Speaker, Social was recently revealed that almost 800 the detention facility at Guantanamo Security is going broke and we need to convicted sex offenders in 14 States Bay is of strategic importance in win- fix it. The question is how. When the have received Medicaid funded Viagra ning the global war against terrorism. baby boomers begin to retire in 2008 and other similar drugs. This practice Guantanamo provides the United and 2009, the only way to save Social is a disgusting abuse of taxpayer dol- States with a secure interrogation cen- Security is then to cut benefits by 30 lars and must be stopped now. ter to gain essential intelligence infor- percent or raise taxes by $600 billion a On today’s calendar, an amendment mation from terrorists. Illegal enemy year. in the Labor-HHS appropriations bill combatants held at Guantanamo Bay The Democrats believe in tax hikes. prevents taxpayer dollars from being include terrorist trainers, In fact, the only Democrat proposal to used to reimburse sex offenders for bombmakers, would-be suicide bombers reform Social Security is to raise your Viagra and similar drugs. This amend- and terrorist financiers. Through the taxes. But the best way to reform So- ment does not just address Medicaid detainees held at this facility, we have cial Security is with personal accounts, but it also prevents Medicare and any learned about the detonation system to get a better return on our invest- other public health service from reim- used in roadside bombs in Iraq by the ments. And there are a lot of proposals bursing convicted sex offenders for insurgency, bombs that have killed our out there. In fact, Ways and Means these types of drugs. It is the responsi- troops and innocent Iraqi citizens. De- Committee leaders actually came up bility of Congress to take action to tainees include 20 of Osama bin Laden’s with a good plan yesterday that has close this loophole immediately which personal bodyguards as well as one of personal accounts, that everyone pay- we in the House shall do today. the architects of the September 11 at- ing into the system would get a per- f tacks and suspected 20th hijacker in sonal retirement account by using the the attack on our country on Sep- Social Security surplus that we have ON THE ANNIVERSARY OF TITLE tember 11. for the next few years. I like this idea IX GITMO is designed to save the lives because it means politicians cannot (Ms. LINDA T. SA´ NCHEZ asked and of our citizens and our service men and spend the money and it is a true was given permission to address the women from future acts of terror. Let lockbox for every citizen that pays House for 1 minute and to revise and us continue to support this important taxes. extend her remarks.) mission to protect the safety of our We need to have personal retirement Ms. LINDA T. SA´ NCHEZ of Cali- constituents and our Nation. accounts, Mr. Speaker, not tax hikes. fornia. Mr. Speaker, I rise today to

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.003 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H4989 honor the 33rd anniversary of title IX. 33RD ANNIVERSARY OF TITLE IX THE REPUBLICANS AND SOCIAL Title IX creates opportunities for fe- (Ms. SOLIS asked and was given per- SECURITY male athletes. Since its inception in mission to address the House for 1 (Mr. GEORGE MILLER of California 1972, female participation in sports has minute.) asked and was given permission to ad- increased 400 percent in colleges and Ms. SOLIS. Mr. Speaker, today I also dress the House for 1 minute and to re- 800 percent in high schools. As a young rise with my colleagues who are here vise and extend his remarks.) girl, I played on several sports teams. from the Women’s Caucus to pay trib- Mr. GEORGE MILLER of California. These experiences fostered my love of ute to a historic occasion, the celebra- Mr. Speaker, what is it that the Repub- competition. But they have far greater tion of the 33rd anniversary of Title IX licans really do not like about Social benefits. Girls who play sports are less that seeks to achieve fairness among Security? The Social Security system likely to have an unplanned pregnancy, student athletes, both men and women. has provided retirement security for more likely to leave an abusive rela- For 33 years, Title IX has expanded millions of Americans. But every time tionship, and are less likely to suffer opportunities for young women and these Republicans start talking about from depression. girls to participate in athletic pro- Social Security, things get worse for Unfortunately, under President grams in schools across the country. those retirees. In the Senate the other Bush’s administration, the Department Since it was enacted in 1972, women’s day they talked about a new plan for of Education has created a huge title participation in these sports has in- Social Security that drastically cuts IX loophole. By bending title IX rules, creased by 400 percent at college level the benefits of future retirees and cur- it is now easier for schools to evade and about 800 percent in high schools. rent retirees. their responsibilities to provide oppor- Title IX’s fundamental intent is sig- Then the Republicans on the House tunities for female athletes. It is wrong nificant because it ensures equal access side here decided they had a new plan for this administration to reverse the and opportunity to all women and espe- yesterday, and what did they decide? progress made over the last three dec- cially women of color. After borrowing $700 billion from the ades. And yesterday I had the opportunity Social Security trust fund, yesterday Tonight, I will be joining my col- of joining with Members of the Senate the Republicans in the House decided leagues in the annual congressional and the House to celebrate this very to end that trust fund, to get rid of baseball game and when I join the line- important occasion and to also make that trust fund, to make the solvency up in RFK Stadium, I will be on the very clear that we are in opposition to of Social Security worse now than it is line for title IX. today. That was their plan. Mr. President, I hope you can join us this clarification, or notion of clari- fication, that the Secretary of the De- In the Senate, they cut the benefits in supporting title IX by repealing and here they end the solvency of So- these damaging new rules instead of partment of Education would like to somehow implement, which would ac- cial Security by ending the trust fund. slamming the door of opportunity in They have taken $700 billion out of the the face of women. tually create a big loophole so that we would not be able to account for those trust fund since George Bush was elect- f young women participating in these ed. Bill Clinton left them a $5.6 trillion b 1015 sports. It would keep scholarships from surplus. They squandered it. It is gone. them and the ability to participate in And the President has suggested he is LET US DISCONNECT THE SPAN- not planning to pay it back, the first ISH-AMERICAN WAR TELEPHONE sports. So, please, I ask the Members to contact the President. President in the history of the country TAX that said he would not pay back the (Mr. POE asked and was given per- f Social Security trust fund, and now mission to address the House for 1 these boys want to end the whole minute and to revise and extend his re- IRAQ thing. marks.) f Mr. POE. Mr. Speaker, I rise today to (Mrs. BLACKBURN asked and was announce to all Americans that the given permission to address the House SOCIAL SECURITY REFORM Spanish-American War of 1898 has for 1 minute and to revise and extend (Mr. PENCE asked and was given per- ended. It has been 107 years since the her remarks.) mission to address the House for 1 war was over and Teddy Roosevelt and Mrs. BLACKBURN. Mr. Speaker, day minute and to revise and extend his re- the Rough Riders went up San Juan after day Members from across the marks.) Hill and we won that war. Yet 95 per- aisle have been coming to this floor to Mr. PENCE. Mr. Speaker, it is time cent of all Americans are still paying tell Americans that in their opinion we to turn down the rhetoric and to stop for it and do not even know it. are losing the war on terror. They say the raid on the Social Security trust Introduced in 1898 was a phone tax, that Iraq is a disaster, Gitmo is a fund and start allowing Americans to which established the concept of a tem- gulag, and that our soldiers should invest their Social Security taxes in porary luxury tax to defray costs on have come home yesterday. personal savings accounts. the Spanish-American War. It started Mr. Speaker, they have no shame. If For more than 40 years, the United on 1,300 phones, a tax on telephones. they want policy change, fine. But do States Congress has shamelessly used Today more than 100 million American not undermine our soldiers’ efforts by payroll taxes intended for Social Secu- households across the Nation still are going all out and selling this as hope- rity to fund Big Government spending. paying for this excise tax to the tune of less in order to try to score political Thanks to the leadership of President $5.6 billion a year on their phone serv- points. George W. Bush, Congress has under- ices such as land lines, cell phones, and Did they think winning the war was taken a national discussion about how dial-up Internet connection. This tax going to be easy? No one ever told we deal with the inevitable insolvency strikes at every use of the telephone them the endeavor would be without in the program. And while there are and burdens everyone, especially those cost. Iraq is not a failure. Is it tough? multiple plans for reforms, several of in lower incomes. For heaven’s sake, absolutely, yes, it is my colleagues yesterday offered a Initially, this tax was used to finance tough. We all knew that going in. But thoughtful approach. this 3-month Spanish-American War, transforming Iraq, freeing millions of The Ryan-Johnson-McCrery-Shaw but it has been made permanent and people, stamping out terrorism in a na- plan is a good start down the right was even raised in World War II. tion right in the middle of the Arab path for form, first and foremost by So I would like to commend the gen- world will pay huge dividends in the stopping the raid on the Social Secu- tleman from California for sponsoring war on terror, period. It gives us a rity fund, by requiring that any surplus legislation to get rid of this ‘‘tem- democratic ally in the Middle East. in Social Security taxes be returned to porary tax.’’ This tax has proved there I hope my colleagues will join us in the American people in personal sav- is no such thing as a temporary tax, supporting this effort, rather than ings accounts. The plan ensures that and let us disconnect the Spanish- tearing it and the brilliant men and Social Security taxes will be used for American tax on telephones. women in uniform down. Social Security.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.006 H23JNPT1 H4990 CONGRESSIONAL RECORD — HOUSE June 23, 2005 Let us stop the raid, start the ac- games espoused by some groups and tion’s distinguished record of vol- counts. Let us move forward with this Members of this body. unteerism and thank all Rotarians who commonsense plan. SCNT creates a cloned human em- contribute to the success of this vital I urge all my colleagues to give bryo. There is no way around it. And organization. I also appreciate my dis- thoughtful consideration to the Ryan- that is why this body should move trict director, Butch Wallace, as presi- Johnson-McCrery-Shaw plan for begin- quickly to stop human cloning before dent of the West Metro Rotary Club; ning the reform of Social Security. scientists start killing human clones and my chief of staff, Eric Dell, as f like they killed all those sheep when president of the Capitol Hill Rotary they cloned Dolly. Club. IN SUPPORT OF TITLE IX In conclusion, God bless our troops f (Ms. SLAUGHTER asked and was and we will never forget September 11. given permission to address the House TITLE IX AND SOCIAL SECURITY f for 1 minute and to revise and extend (Ms. JACKSON-LEE of Texas asked CELEBRATING ANNIVERSARY OF her remarks.) and was given permission to address TITLE IX Ms. SLAUGHTER. Mr. Speaker, I rise the House for 1 minute and to revise today to speak on the 33rd anniversary and extend her remarks.) (Mrs. CAPPS asked and was given of Title IX, the landmark 1972 law that Ms. JACKSON-LEE of Texas. Mr. permission to address the House for 1 blocks gender discrimination in edu- Speaker, this morning I rise to speak minute and to revise and extend her re- cation. I am a proud supporter of this about two wrong-headed policies. marks.) law that has helped girls and women First of all, let me honor and cele- Mrs. CAPPS. Mr. Speaker, I rise to celebrate the 33rd anniversary of Title move toward equality in athletics at brate Title IX: remember the U.S. soc- IX and pay tribute to the significant every level and in every community cer team, women’s soccer team, the advancements made for women’s edu- across the Nation. WMBA; and then of course the assault cational and athletic opportunities. As opportunities have been made in- on Title IX to allow the schools to send Not coincidentally, this year is also creasingly available, women’s partici- an e-mail to determine whether stu- the 33rd anniversary of the UC Santa pation in sports has grown exponen- dents, young women want to partici- Barbara Lady Gauchos basketball tially. Nearly 2.6 million high school pate in sports. Do the Members know team, this year’s Big West Conference girls and over 135,000 women in college what that means? No women’s sports. I champions. now participate in organized sports. stand here today to support a full fund- I hold a basketball signed by the That is more than 2 million women and ing of Title IX. Get rid of the loophole. team members of the 1997 team who girls having a chance to score a goal, And then, Mr. Speaker, I want to say participated in the NCAA tournament slide into home plate, or sink that win- to my friends who think that we are here in Washington, DC. Any woman ning basket. For many young athletes, going to accept the smoke and mirrors who has played for this team can attest the scholarship opportunities provide on the new Social Security plan, let us to the numerous benefits afforded to the only means by which they can at- let me tell them that it is the same old them by receiving the same oppor- tend college. plan. It privatizes Social Security, tunity as men to participate in college Moreover, they tend to graduate at raids the trust fund, and weakens So- athletics. higher rates, perform better in school, cial Security because what it does is it are less likely to use drugs and alcohol. takes money from the trust fund and b 1030 They also tend to have more con- puts it in private accounts. Democrats There is a clear interest for women fidence, better body image, and higher stand for a solvent Social Security. So- to play sports, and schools must re- self-esteem than female nonathletes, cial Security is not a policy issue. It is spond. the critical attributes that help them a personal issue. It is an umbrella. It is To anyone who disagrees, I would succeed throughout their lives. the wind beneath the wings of those like you to know that the UCSB wom- We build on these advancements in who work every day. Do not buy the en’s basketball team sells more season the name of the equality, and I want smoke and mirrors of Social Security tickets than the men’s team. those here to stand for and defend the and support Title IX with no changes. So I am appalled that the Bush ad- ministration is trying to weaken the integrity of this pioneering civil rights f law. enforcement of Title IX in our Nation’s CELEBRATING A CENTURY OF colleges and universities. f ROTARY INTERNATIONAL On this anniversary of Title IX, we SCNT EQUALS CLONING (Mr. WILSON of South Carolina must stand up and protect it. (Mr. PITTS asked and was given per- asked and was given permission to ad- f mission to address the House for 1 dress the House for 1 minute and to re- AIRLINE PENSIONS minute and to revise and extend his re- vise and extend his remarks.) (Mr. PRICE of Georgia asked and was marks.) Mr. WILSON of South Carolina. Mr. given permission to address the House Mr. PITTS. Mr. Speaker, Members of Speaker, more than 40,000 business and for 1 minute.) this body this past week have been told professional leaders from 150 countries Mr. PRICE of Georgia. Mr. Speaker, by outside groups that somatic cell nu- have come together this week to at- we do not need any more airline com- clear transfer is not cloning. That is tend Rotary International’s Centennial panies going bankrupt. just not true. SCNT is the same process Convention led by President Glenn Es- Imagine retiring with a pension only that created Dolly the sheep. If SCNT tess, Sr., in Chicago. 50 or even 20 percent of what you ex- does not create a clone, then Dolly was During their first 100 years, Rotary pected. That is what is happening to not a sheep. International grew from a small club thousands of airline employees. SCNT produces an embryo, whether established by Paul Harris in Chicago A government bailout is not fair to the procedure is done to destroy the to a diverse international network of taxpayers, and it will not work. What human embryo for research or to im- community volunteers who are dedi- will work is industry-specific pension plant it to produce a child. The fact cated to building peace and goodwill in reform. that creating it does not involve sperm the world. Today, approximately 1.2 In the Committee on Transportation is what makes it a clone. This is un- million Rotarians belong to more than and Infrastructure hearing yesterday, questioned by serious people. Bioethics 32,000 Rotary Clubs in 161 countries. we heard testimony from financial ex- commissions, President Clinton, and Rotarians are carrying out humani- perts, the PBGC, the Pilots Associa- George W. Bush said that the product tarian projects in their own neighbor- tion, and others. They painted a pic- of SCNT is a cloned embryo. hoods, promoting youth exchanges, and ture of a flawed current business In a debate as emotional and impor- raising money to eradicate polio world- model. In the face of high fuel costs tant as this one, it is important to un- wide. and more retirees than workers, de- derstand all the facts; and it is equally As a former Rotary Club president, I fined benefit plans simply do not work important to see through the word am proud to recognize the organiza- for many companies.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.008 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H4991 Congress can help. H.R. 2106 gives the It seems to me this policy is flawed. debate shall be confined to the bill and shall airline carriers greater flexibility in We will have amendments next week not exceed one hour equally divided and con- funding their pensions. It provides on the Treasury-Postal bill. trolled by the chairman and ranking minor- more security for employees and will I urge my colleagues to look at this ity member of the Committee on Appropria- tions. After general debate the bill shall be ensure that taxpayers will not be held case, to meet with Sergeant Lazo who considered for amendment under the five- liable for these underfunded pensions. is on Capitol Hill today, and to rethink minute rule. Points of order against provi- A government bailout should not be a this policy of ours that denies Cuban sions in the bill for failure to comply with financial planning tool for the airlines. Americans the ability to visit their clause 2 of rule XXI are waived except for Mr. Speaker, employees should re- families. section 511. During consideration of the bill for amendment, the Chairman of the Com- ceive the pensions they have worked f for their entire lives, and taxpayers mittee of the Whole may accord priority in should not be left holding the bag. The IN SUPPORT OF TITLE IX recognition on the basis of whether the Member offering an amendment has caused Employment Pension Preservation and (Ms. BORDALLO asked and was it to be printed in the portion of the Con- Tax Prepare Protection Act, H.R. 2106, given permission to address the House gressional Record designated for that pur- is the winning formula. for 1 minute.) pose in clause 8 of rule XVIII. Amendments f Ms. BORDALLO. Mr. Speaker, I rise so printed shall be considered as read. When today in strong support of the Title IX the Committee rises and reports the bill TITLE IX’S 33RD ANNIVERSARY program which created equality, equal- back to the House with a recommendation (Ms. WOOLSEY asked and was given ity for young men and women in our that the bill do pass, the previous question permission to address the House for 1 Nation’s schools. shall be considered as ordered on the bill and amendments thereto to final passage with- minute and to revise and extend her re- As Title IX celebrates its 33rd anni- marks.) out intervening motion except one motion to versary today, I am concerned with re- recommit with or without instructions. Ms. WOOLSEY. Mr. Speaker, 33 years cent attempts to undermine the pro- ago, Title IX, written by our dear The SPEAKER pro tempore. The gen- gram that will reverse the progress tlewoman from West Virginia (Mrs. friend, Patsy Mink, became law. Title Title IX has made in enabling young IX recognizes that only when all Amer- CAPITO) is recognized for 1 hour. women to participate in sports. Mrs. CAPITO. Mr. Speaker, for the icans have opportunity to reach their The Department of Education re- potential can our country reach its po- purpose of debate only, I yield the cus- cently issued its ‘‘Additional Clarifica- tential. tomary 30 minutes to the gentlewoman tion of Intercollegiate Athletics Pol- Recently, the Bush administration from New York (Ms. SLAUGHTER), pend- said that if a school’s women students icy: Three-Part Test, Part Three’’ ing which I yield myself such time as I do not respond to an e-mail from the which changes the way schools deter- may consume. During consideration of school asking if they are interested in mine female interest in athletics by this resolution, all time yielded is for sports, then the school would be in making an e-mail survey the sole inter- the purposes of debate only. compliance with Title IX. est indicator. Mr. Speaker, House Resolution 337 is That is ridiculous. There are accept- This new policy harms the Title IX a fair, open rule that provides for the able standards to measure compliance program because it prevents schools consideration of the Labor, Health, and that are accurate and must be used. from using a multi-method approach to Human Services, and Education appro- The lesson of Title IX is that interest assess female sports programs. By de- priations bill for fiscal year 2006. flows from opportunity. That is why ciding to base the future of women’s I want to commend my friend, the women’s participation in sports has in- athletic programs on e-mail surveys, gentleman from Ohio (Chairman REG- creased 800 percent in high school and the Department of Education is deny- ULA) and the gentleman from Wis- 400 percent in college since 1972. ing women the same opportunities as consin (Ranking Member OBEY) for Moreover, if we are going to make men to participate in sports. their efforts in moving this important policy based on how many people ig- Mr. Speaker, I urge my colleagues to piece of legislation to the floor. nore one of the dozens of e-mails in continue to support equal rights for This appropriation bill funds health their in-box, we will be in huge trouble men and women in every arena of pub- and education programs that are vi- with Title IX. lic life, including sports. I strongly tally important to our children and I hope that the President will heed urge the Department of Education to families. The Committee on Appropria- the letter from the gentlewoman from rescind its policy. Title IX opened the tions has met the need for these pro- California (Leader PELOSI), the gen- doors for women; let us not close them grams, while living within the param- tleman from California (Ranking Mem- now. eters set by the House and the budget ber MILLER), and myself and 140 other f resolution. Members, and rescind this clarifica- The bill provides an $118 million in- PROVIDING FOR CONSIDERATION tion. crease to the Department of Education, OF H.R. 3010, DEPARTMENTS OF f including a $100 million increase for LABOR, HEALTH AND HUMAN Title I State grants. My colleagues FLAWED POLICY DENIES CUBAN- SERVICES, AND EDUCATION, AND across the aisle decry what they call a AMERICANS REGULAR FAMILY RELATED AGENCIES APPROPRIA- lack of funding for education, and VISITS TIONS ACT, 2006 nothing could be further from the (Mr. FLAKE asked and was given Mrs. CAPITO. Mr. Speaker, by direc- truth. permission to address the House for 1 tion of the Committee on Rules, I call Since Republicans took control of minute.) up House Resolution 337 and ask for its Congress, funding for the Department Mr. FLAKE. Mr. Speaker, I rise immediate consideration. of Education has more than doubled. In today to draw attention to the case of The Clerk read the resolution, as fol- the last 5 years alone, total education Sergeant Carlos Lazo. Sergeant Lazo is lows: expenditures have increased by nearly a Cuban American, a proud Cuban H. RES. 337 50 percent. American who is serving in our mili- Resolved, That at any time after the adop- I am particularly pleased that the tary. He recently did a tour in Iraq and tion of this resolution the Speaker may, pur- committee provided resources to key came home, wanting to visit his two suant to clause 2(b) of rule XVIII, declare the college prep programs. The TRIO pro- children in Cuba. He was prevented House resolved into the Committee of the gram is funded at last year’s level of from doing so, stopped at the airport, Whole House on the state of the Union for $837 million, and GEAR–UP will receive because we have a policy that only al- consideration of the bill (H.R. 3010) making $306 million, also equal to last year’s lows Cuban American families to visit appropriations for the Departments of Labor, allocation. These two programs are each other once every 3 years. Here is Health and Human Services, and Education, very successful in helping low-income and Related Agencies for the fiscal year end- a man serving in our military, proudly; ing September 30, 2006, and for other pur- students in making the transition to we trust him in Iraq, but we do not poses. The first reading of the bill shall be college. Many TRIO and GEAR–UP par- trust him to visit his own family in dispensed with. All points of order against ticipants from high schools and col- Cuba. consideration of the bill are waived. General leges across West Virginia took the

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.011 H23JNPT1 H4992 CONGRESSIONAL RECORD — HOUSE June 23, 2005 time to write me about their successes Committee on Appropriations allo- ing. And, all told, this bill imposes a in the programs. I appreciate these stu- cated the available resources in this staggering 42 percent cut in funding for dents’ efforts and wish them every suc- bill in a manner that emphasizes those PBS this year. cess as they continue their education. programs most important to our Na- b 1045 The bill also provides money for the tion. I urge my colleagues to join me in Perkins Vocational Education and support for the rule and the underlying Now, why would the Congress do Tech Prep programs at last year’s legislation. this? There is only one reason, Mr. level. These programs provide job Mr. Speaker, I reserve the balance of Speaker, and that reason is the leader- skills to students, some of whom will my time. ship of this body does not like PBS. In go to college, and many others will Ms. SLAUGHTER. Mr. Speaker, I fact, Republicans have been after PBS have the necessary training to enter thank the gentlewoman from West Vir- for years. Ronald Reagan tried to slash the work force. Many West Virginia ginia (Mrs. CAPITO) for yielding me the CPB funding, so did Newt Gingrich. students take advantage of vocational customary 30 minutes, and I yield my- And now the conservatives have redou- education, so I appreciate that funding self such time as I may consume. bled their efforts. for those programs was maintained. (Ms. SLAUGHTER asked and was They claim that PBS is the lapdog of The maximum Pell grant award is in- given permission to revise and extend the left. But the notion that PBS is creased to $4,100, the highest level in her remarks.) partisan runs against the very grain of the program’s history. This increase is Ms. SLAUGHTER. Mr. Speaker, let what PBS is and what the Corporation the beginning of a series of proposed in- me start with a quote from Lyndon for Public Broadcasting was designed creases in Pell grants that will help Johnson: Today we rededicate a part of to accomplish. more students across the country af- the airwaves which belong to all the President Johnson stated that CPB ford the growing cost of a college edu- people,’’ a thing we should always re- was intended to be carefully guarded cation. member, ‘‘and we dedicate them for the from government and party control. It The committee provides $569.6 mil- enlightenment of all the people.’’ will be free, it will be independent, and lion, the same as fiscal year 2005, for President Lyndon Johnson spoke it will belong to all of our people. the Adult Education State Grant pro- these words at the White House cere- PBS and CPB, therefore, should be gram. This money will be used to help mony which marked the official cre- neither liberal nor conservative and fund literacy programs for adults and ation of the Corporation for Public should instead be honest and objective; enable them to complete a secondary Broadcasting in 1967. Much has and it always has been. The real prob- education. Reading skills are a neces- changed in the 37 years since then, but lem with our friends on the right seems sity for our adults as well as our youth, in the realm of television, Mr. Speaker, to be confusing intellectually honest and for adults in the employment mar- a PBS program that reaches millions of and independent programming with so- ket and in everyday life, so I am families every day has been the only called liberal bias, simply because they pleased this bill restores adult edu- constant. are not espousing their own narrow cation to last year’s level. PBS programming is first and fore- conservative world view 24 hours a day. The legislation before us also ad- most about children. At a time when so Most Americans, no matter their po- dresses the many health care needs of many television networks are wary of litical persuasion, understood the bene- our Nation. The bill contains a $145 producing educational programming fits of hearing views from different per- million increase for the National Insti- because it will not be cost-effective as spectives; and they like the idea of tutes of Health, demonstrating our they define it, PBS stands alone. They truly independent, stimulating public commitment to finding cures for dead- are proud to present wonderful pro- programming. They understand that ly diseases. Funds for community grams that teach children how to read, Big Bird cannot be replaced by 500 health centers that provide primary how to share, and how to be tolerant of channels of cable. care for many patients in counties others. But PBS is not just for chil- That is why Roper polls taken in 2004 across my district and others across dren, it is for minds of all ages that and 2005 found that the people of our the country are increased by $100 mil- seek to question and learn about our country thought that spending money lion to $1.8 billion. These health cen- world. on PBS was the second best use of their ters are important, because they offer PBS has the best documentaries, the tax dollars, right behind the funding of health care to people in rural commu- best programs about American history our military. nities who have few other options for and about the new scientific discov- But the independence of PBS and the quality care. Health centers are cost eries which are constantly changing Corporation for Public Broadcasting is effective because they cut down on un- our world. There is a reason that Peggy somehow a threat to this Republican necessary emergency room visits and Noonan of The Wall Street Journal, an leadership. Why else would Kenneth expensive, serious ailments that come unabashed conservative, has written Tomlinson, the new Republican chair- when minor illnesses go untreated. that ‘‘At its best, at its most thought- man of CPB, attempt to appoint Patri- I am also glad that the bill provides ful and intellectually honest and curi- cia Harrison as the new head of the $890 million to begin the implementa- ous, PBS does the kind of work that no Corporation For Public Broadcasting? tion of Medicare Part D, the long- other network in America does or will Ms. Harrison is a strange choice for awaited prescription drug benefit that do.’’ Ms. Noonan wrote this because it the leader of a broadcasting corpora- will be especially helpful for our Na- is true. And what is most important, tion in as much as she has never even tion’s poorest seniors. PBS programming is free to all. worked in broadcasting. On the other Job training activities, especially the Big Bird reaches all the children in hand, she was at one time the cochair successful Job Corps program, are also America, regardless of whether they of the Republican National Committee, well provided for in this legislation. are in urban or rural areas, regardless and so perhaps her qualifications for The Job Corps Centers in Charleston of their economic class or whether or the position speak for themselves. and Harper’s Ferry in my district do an not their parents can afford 500 chan- Mr. Tomlinson also felt that such outstanding job of training students nels of cable, but the majority leader- prominent PBS programs such as not only to be productive workers, but ship is speaking out against Big Bird ‘‘NOW,’’ with Bill Moyers, were liberal to be active members of their commu- here today and the other great chil- in their orientation. He therefore did nity as well. I am pleased that Job dren’s programming. They are speak- the honorable thing and hired several Corps will see an increase to $1.44 bil- ing out against quality news and arts ombudsmen to secretly spy on the pro- lion this year. and entertaining programs that have grams and report on their activity. As with any appropriation legisla- no other place to call home on tele- And just last week, we learned that tion, we had to make tough choices in vision today. in 2004 the Corporation for Public this legislation. These choices are par- The Labor-HHS appropriations bill Broadcasting, now firmly under par- ticularly difficult when dealing with we will consider today offers cuts of tisan Republican leadership, gave two the sensitive health and education more than $100 million from the Cor- Republican lobbyists $15,000 and did issues like the ones in this bill. The poration for Public Broadcasting fund- not tell anybody they had done so.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.013 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H4993 By the way, Mr. Tomlinson was head Department of Education. Increases in have become chained to its misguided of Voice of America, and we understand Pell grants to the highest ever, $4,100 priorities. that Voice of America is to be availability. Special Ed grants are The long-term health of our Nation is outsourced to Asia. How do you like funded at $10.7 billion, $150 million being threatened at a time when we that, America? Is this what we have above last year’s funding. should be investing in it. Within 15 come to, spying on the network that Title 1 grants, which help the under- years, America’s supply of nurses will brings us ‘‘Sesame Street,’’ ‘‘The Elec- privileged and our lower-economic stu- fall almost 30 percent below the Na- tric Company,’’ ‘‘Captain Kangaroo’’? dents, $100 million over last year’s tion’s needs. Filling the registered And if so, what is next? funding. Reading programs. Reading is nurse pipeline with new recruits re- Will we have satellite surveillance of an essential art; I hope it never be- quires sustained, aggressive funding the ‘‘Antiques Road Show’’? Wire taps comes a lost art. It is an essential art over the long term. And I am dis- in Oscar’s trash can? Are the American for our future, not only to bring much appointed to say that level funding in people going to allow these same indi- joy into people’s lives but also to see the bill for nursing programs will not viduals who actively manipulate the that they are able to secure fruitful do enough to reverse this demographic media, who have allowed political employment and raise a family and reality. operatives to pose as journalists in the have the best things in America. Read- If we fail to support the backbone of White House, who have paid com- ing is absolutely essential. this Nation’s health care industry and mentators and pundits to falsely pose Reading programs are funded at $1.2 ask our nurses to spread themselves as journalists, to manipulate public billion. The Reading First program is even thinner, we risk everything that opinion? funded at over $1 billion. The Even comes with it, including decreased pa- Are we going to allow them to tell us Start program is funded at $200 mil- tient safety and poor quality of care. that now Public Broadcasting is the lion. Math and science. We have heard And we are failing in this bill to meet enemy? I certainly hope and pray not. a lot about the loss of math and the needs of those individuals who If there is any doubt that this is their science abilities in our students com- most need the access to health care true intention, my fellow Americans, ing out of high school. We recognize professionals. This bill guts critical we need look no further than this very that in this bill, and we have increased funding from title VII programs which bill, approved in a subcommittee where by over $11 million for a total of $190 encourage health professionals to serve in underrepresented populations. I have the Republican leadership successfully million to enhance the number of seen the positive effects of this funding eliminated funding for PBS and the teachers trained to teach in the fields in my hometown of Sacramento. The Corporation For Public Broadcasting. of math and science. As with so many other things in this I think there is much to be proud of UC Davis Medical Center uses title VII funds to train medical students to Congress, they were shamed by the in this bill in terms of the way we have work through significant language or American people into reversing course, addressed problems in our public edu- economic barriers in communities that but I imagine that the right wing as- cation, and the way we have addressed have a host of otherwise treatable med- sault on PBS will continue. something that is near and dear to ical conditions. President Johnson feared that if every American’s heart, that is, a good And medical center fellows trained placed ‘‘in weak or even in irrespon- solid quality education for our chil- with these monies conduct cutting- sible hands,’’ public television could dren. edge research in health care disparities generate controversy without under- We have also worked to improve and how to improve cancer screening. standing, could mislead as well as teacher quality. This provides $2.94 bil- Sacramentoans have been well served teach. lion to help teachers with professional because of this investment in the It could appeal to passions rather development programs. So I think that health of the community. than to reason. That was very far-see- this year’s bill, while the tough deci- But, again, title VII funding is elimi- ing for President Johnson. Let us not sions were made, and as I said, I con- nated in this bill without regard for succumb to the misguided partisan pas- gratulate the chairman and ranking these long-term impacts. And so, sions of the leadership which threaten member for making those tough again, we see yet one more example of to destroy this cherished American in- choices, there is a lot in here that will the misguided priorities contained in stitution. Let us preserve public net- help enhance the education, enrich the this year’s budget. works across our country. lives of our children, and help improve Let me close by talking about this Mr. Speaker, Sesame Street teaches the quality of our public education. commitment to the future in a slightly children to be fair and just. And we Mr. Speaker, I reserve the balance of different way. Growing up, I never learned that from Sesame Street, our my time. doubted that I would have the oppor- children learned it from Sesame Ms. SLAUGHTER. Mr. Speaker, I am tunity to go to college. And never once Street, let us practice it today, and we pleased to yield 4 minutes to the gen- did I doubt a doctor would be there expect no less from Members of this tlewoman from California (Ms. MAT- when I fell ill. Congress. SUI). But, Mr. Speaker, not all Americans Mr. Speaker, I reserve the balance of (Ms. MATSUI asked and was given are lucky enough to have these assur- my time. permission to revise and extend her re- ances. The way in which we as a Nation Mrs. CAPITO. Mr. Speaker, I yield marks.) meet the gap between the world we myself such time as I may consume. Ms. MATSUI. Mr. Speaker, I thank want to raise our children in and the Mr. Speaker, this bill contains quite the gentlewoman from New York (Ms. challenges of life speaks directly to the a bit on education. I think the wonder- SLAUGHTER) for yielding me this time. values we hold. This bill absolutely ful thing about America is that every Mr. Speaker, I am pleased that the fails in that vision. child in America is afforded a public House is on schedule to pass all 10 ap- Mrs. CAPITO. Mr. Speaker, I would education through our public schools. I propriations bills necessary to fund the like to take the opportunity to talk a am very proud to say that I have three Federal Government. But the challenge little bit about community health cen- children who are very fine graduates of we face is to do so under the tight con- ters. I visited all of the community West Virginia public schools. And there straints dictated by the budget resolu- health centers in my district of West are tough choices to be made in this tion put forth by the Republican ma- Virginia. They go a long way towards bill. I acknowledged that in my open- jority. enhancing access and quality in the ing statement. And I acknowledge that I believe a budget is a moral blue- rural areas. It has been a great initia- as well. print for the priorities of the Federal tive that has worked very successfully But I would like to go through some Government. But, sadly, this year’s in a State that sometimes has difficult of the things, the public education budget fails to address our Nation’s areas to get to. things, in this bill that will help every most basic priorities and fails to plan And I am pleased that this bill en- child in America no matter what chan- for our Nation’s future. And now, to hances that funding by $100,000 million. nel they turn to on the television. the detriment of our appropriations Mr. Speaker, I reserve the balance of There is a $118 million increase to the bills and ultimately our country, we my time.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.015 H23JNPT1 H4994 CONGRESSIONAL RECORD — HOUSE June 23, 2005 Ms. SLAUGHTER. Mr. Speaker, I am lose the ability to provide quality tion for a second-rate economy for the pleased to yield 3 minutes to the gen- classes, programs and services. American people because it declines to tleman from Massachusetts (Mr. Mr. Speaker, I was not sent to Wash- make the long-term investments that MCGOVERN). ington to hurt the poor and the elderly. are necessary in education, in health Mr. MCGOVERN. Mr. Speaker, I rise I was not sent here to shortchange our care, in job training, in worker protec- in opposition to the rule, and I rise in schools and health care providers or to tion and the like. opposition to the Labor-HHS Edu- undercut State and local efforts by I will be voting against the previous cation appropriations bill. starving them of needed resources. question on the rule and the rule itself My reason is simple: This bill short- As I have said on many occasions, because the Committee on Rules did changes the American people in so and it is important to repeat today as not make in order the amendment that many ways that it is difficult to keep we move on this legislation, the Repub- I had asked them to make in order track of them all. Just last month, lican majority is fast creating a gov- which would have done one very simple when the House was considering H.R. ernment, that lacks compassion and thing: it would have provided an addi- 366, the Vocational and Technical Edu- has no conscience. My friends on the tional $11.8 million in funding for high- cation for the Future Act, I raised the other side of the aisle fought fero- priority education, health and worker question of where the Appropriations ciously for tax cuts for millionaires protection programs. It would have Committee was going to find the $1.3 and billionaires. They had to have provided that same amount, $11.8 mil- billion to fund these programs without those tax cuts, and guess what, they lion, in deficit reduction; and it would making deep cuts in other critical pro- have diverted billions and billions of have paid for that by reducing the grams. dollars from programs that benefit our supersize tax cuts for people who make I raised this question, because the kids, our senior citizens, and the most over a million dollars a year. Right Republican majority had just passed a vulnerable in our society. now they are expected to get on aver- budget resolution in lock step with the I suppose that highlights the real dif- age a $140,000 tax cut this year. We President’s request to zero out voca- ference between the two political par- would have limited their tax cut to tional education programs. ties. But, Mr. Speaker, what they are only $36,000, the poor devils. They So while I am pleased that the com- doing is wrong, it is so wrong and it is would have to get along with only mittee has restored $1.3 billion for vo- why I oppose this bill today, and I urge $36,000. cational education, my worse fears my colleagues to do the same. I make no apology about wanting to have come to pass. This bill eliminates Mrs. CAPITO. Mr. Speaker, I yield make these investments. We are the half a billion dollars’ worth of other myself such time as I may consume. greatest country in the world. We have education programs. It eliminates half Mr. Speaker, I would like to note in the greatest economy in the world. We a billion dollars’ worth of important this bill another program that is very are the world’s leader in technology. health programs. It eliminates $56 mil- important to every State across the We are the world’s leader in almost ev- lion of Labor Department programs. Nation, and that is the Head Start pro- erything, but we did not get there by These critical programs include early gram. The Head Start program has not making crucial investments year learning opportunities for early child- been funded $56 million over last year’s after year after year. We got there by hood development, the Community level, and this will help towards the investing in our people by way of edu- Food and Nutrition program, com- readiness of our preschoolers to be able cation, by making the right capital in- prehensive school reform, student alco- to be ready to handle the challenges of vestments, by making the right invest- hol abuse reduction, and dozens of oth- school. ments in science and technology; and ers. Another program highlighted in this that grew the economy for everybody. This bill practically eliminates fund- bill is funding of $100 million for a new This bill walks away from that respon- ing for health professions training and pilot program to develop and imple- sibility. professional development programs at ment innovative ways to provide finan- This bill, in real-dollar terms, after a time when our Nation is facing a se- cial incentives for teachers and prin- you adjust for inflation, will deliver on vere shortage of health care profes- cipals who raise student achievement a per-person basis about $5.9 billion sionals. Primary care physician train- and close the achievement gap. less in these critical areas than it de- ing programs in Massachusetts would And back to community health cen- livered last year. be cut by $12 million. ters, I think this is one of the best There is one other element of the These programs stand to be cut by ways to cover children’s health care. amendment I would like to talk about over $2 million alone at the University Many young families cannot travel far for just a moment. We talk a lot in this of Massachusetts Health Care Center, to access hospitals for preventative country about preventing abortions. It the largest employer in my district. care. This will go towards managing has been my experience that lectures These cuts will further strain an al- health care for children with another from your local friendly politician or ready fragile health care system in my $100 million for that program. your local clergyman are not nearly as home State and around the country. My colleague talked about senior helpful to young women who are preg- And I have not even begun to touch programs. I note in this bill there are nant and trying to decide if they are upon programs that have seen their several senior programs. There is the going to carry a baby to term or not as funding sharply reduced or frozen for National Senior Volunteer Corps and is a helping hand. The amendment we the second, third, or fourth year in a the Foster Grandparents program. Fos- wanted to offer would have provided row. My colleague, the gentlewoman ter Grandparents always come to visit that helping hand. from New York (Ms. SLAUGHTER), me in Washington and tell me about It would have taken critical pro- talked about the senseless cuts to PBS. their program. I am in awe at their grams that would make it economi- Essential programs such as commu- dedication to not only seniors but to cally easier for low-income and vulner- nity service block grants, the child the youth of America. The Senior Com- able women to choose to carry preg- block grant, after-school programs, the panion Program and the Retired Senior nancies to term. We would have had investment and professional training Volunteer program, these programs are $175 million for maternal and infant and development of our teachers have funded at the highest levels ever, and I health care, returning it to the fiscal all been cut or level funded. In the end, think it will go a long way towards giv- year 2002 level. We would have added thousands and thousands of families, ing our seniors a way to volunteer and $300 million to child care, returning children and elderly, the sick and the give back to the Nation, to the young that to the fiscal year 2002 level. We poor in our communities will lose the people and families. I am pleased that would have added $418 million to the help and services that are critical to the chairman recognized the value of community service block grant to pro- reducing the vulnerability of their these programs in his bill. vide people with an opportunity for daily lives. Ms. SLAUGHTER. Mr. Speaker, I education, training and work, and to yield 5 minutes to the gentleman from live with decency and dignity. And we b 1100 Wisconsin (Mr. OBEY). would have provided $126 million for Hospitals, health care centers, Mr. OBEY. Mr. Speaker, I am sad to domestic violence prevention, effec- schools, and community centers will say that I think this bill is a prescrip- tively doubling that program. We

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.018 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H4995 would have doubled the Healthy Start the overriding purpose of his political like the burden of debt in the public program for newborn babies, and we future. That, again, we address in this sector. We are not investing adequately would have increased job training for bill. in our future or in our students. Stu- young women by $212 million. I just want to point out that the bill dents are facing a mountain of debt If we are concerned about life, our does as much as possible within the after graduation that this bill does not concern cannot end with the check- constraints of limiting spending, ad- address. Let us close the ‘‘opportunity book’s edge. We need to recognize that dressing two major issues that are both deficit’’ and reject this measure. if we are going to provide real-life, in the news today, education and the Mrs. CAPITO. Mr. Speaker, I yield real-world opportunities for women to threat of bioterrorism. We will discuss myself such time as I may consume. help convince them not to have abor- that more in the general debate on the I would like to comment on Pell tions, we need to be funding programs bill. grants because this bill contains the like this. These are a whole lot more Ms. SLAUGHTER. Mr. Speaker, I largest amount for Pell grants ever in important to the spirit of the country, yield 2 minutes to the gentleman from the history of the United States, $4,100 to the economy of the country, than Texas (Mr. DOGGETT). per student. That is a lot of oppor- providing a $140,000 tax cut to some- Mr. DOGGETT. Mr. Speaker, of the tunity for a lot of different students. body who makes a million bucks a many reasons to vote against this I would also like to say that the year. measure, one of the most significant is TRIO program, the GEAR-UP program, Mr. Speaker, I regret the Committee its failure to address the ‘‘opportunity the Job Corps program, these are all on Rules did not make this amendment deficit.’’ Yes, this administration’s programs designed to help students in order. That is why I will be voting many failures are reflected in the who might not have an opportunity get against the previous question and vot- budget deficit and the trade deficit, but an opportunity through those pro- ing against the rule. I am even more concerned about the grams. They are well-funded, successful Mrs. CAPITO. Mr. Speaker, I yield ‘‘opportunity deficit.’’ programs; and they are recognized in such time as he may consume to the When students cannot develop their this bill. gentleman from Ohio (Mr. REGULA), the God-given potential to its fullest ex- Mr. Speaker, I yield such time as he chairman of the subcommittee. tent, we have an ‘‘opportunity deficit.’’ may consume to the gentleman from (Mr. REGULA asked and was given When our community cannot benefit California (Mr. CUNNINGHAM), a cham- permission to revise and extend his re- from the talents of those students un- pion of education. marks, and include extraneous mate- able to get a higher education, we have b 1115 rial.) an ‘‘opportunity deficit.’’ By failing to Mr. REGULA. Mr. Speaker, I thank increase the amount of federal finan- Mr. CUNNINGHAM. Mr. Speaker, I the gentlewoman for yielding me this cial assistance to let all students get came on this committee after I had time. the full extent of educational oppor- been on the authorizing committee for Mr. Speaker, I think the gentle- tunity, this measure today deepens the education. Then the chairman was Con- woman has done a great job of describ- ‘‘opportunity deficit.’’ gressman JON PORTER, probably one of ing the bill as part of the rule debate. Freezing Perkins loans, freezing the best chairmen that have ever The bill covers many items of great work-study financing for all of those chaired that particular committee. I importance to people. The bill is a bal- students who want to work, freezing was concerned that because of the deli- anced bill. It is a recognition, of Supplemental Education Opportunity cacies of the programs that this par- course, that we have limited resources. Grants, and virtually freezing Pell ticular bill offers, the gentleman from But within the framework of what was grants demonstrate that these Repub- Wisconsin (Mr. OBEY) has quite often available and what was given to us by licans are putting higher education on spoken of it as the caring committee way of an allocation, I think we have ice for too many students. This admin- because it involves such things as edu- done an excellent job, as was described istration gives students a cold shoul- cation, health care, medical research by the gentlewoman from West Vir- der, as they have by freezing Pell and so on, I was concerned about who ginia (Mrs. CAPITO), in making priority grants in the past, in not addressing was going to replace JON PORTER. The choices. the rising tuition rates across the leadership came up and gave the gen- I was interested this morning when I country. tleman from Ohio (Mr. REGULA) the read the Post that David Broder in his Our students at UT-Pan American, chair, and I watched and watched. column says, ‘‘As for the value of edu- South Texas College, Austin Commu- Members on both sides of the aisle cation, when asked to identify from a nity College, and Huston-Tillotson Uni- would agree that the gentleman from list of five options the single greatest versity depend on Pell grants, but the Ohio has done every single thing that source of U.S. success in the world, the purchasing power of Pell grants has he can to enhance the properties of this public education system edged out our shrunk to historic lows. The pur- bill. democratic system of government for chasing power of Pell grants, which Now, many will use each of these first place, with our entrepreneurial once covered half of tuition and fees, is bills for propaganda against the admin- culture, military strength and advan- down to a historic low, now only cov- istration, against Republicans. I would tages of geography and natural re- ering a fourth of tuition and fees. tell you that most of the things that sources far behind.’’ In his budget President Bush pro- we fight for in this bill are done in a bi- Number one in public opinion was posed a Pell Grant increase of, finally, partisan way. There are other things education. We will talk about this in a pittance, $100: enough to buy a chem- that other people would like, but when the general debate, and the gentle- istry textbook, almost. But this bill it comes down to it, education and the woman likewise pointed this out, that cuts that pittance in half. That is not different aspects of this bill, we do this bill emphasizes education and enough for a textbook. It is not even work together. The House bill is only some new areas, putting emphasis on enough to pay for the increased cost of the start. We have the other body to go teachers and principals, because the gas, another failure of this administra- through and we have a conference to go people are what make a school system tion, to get to class for a week. through. What we are talking about a success. I believe we need to do more to sup- here today will not be in effect. Also in Roll Call today, an article by port our young people, to support our I would also like to recognize, Mr. Morton Kondracke, the editor, the cap- future by giving them the financial as- Speaker, that only 7 percent of edu- tion is: ‘‘Avian Flu Could Become Top sistance that they need; and this bill, cation is funded by the Federal Govern- ’08 Issue. Seriously.’’ He goes on to like the entire approach of this admin- ment; 93 percent of education is funded point out in here how the Senate lead- istration, from pre-kindergarten to by the State. California has had a par- er, a physician, made a speech and de- postgraduate education, fails to ad- ticular problem with a $12 billion debt clared infectious disease and bioter- dress that ‘‘opportunity deficit.’’ left by a different Governor and they rorism are ‘‘the single greatest threat For those who can still afford to at- are trying to pay that back. In most to our safety and security today.’’ He tend school, we are saddling that gen- States, Leave No Child Behind has went on to say fighting them will be eration with a burden of debt, much worked successfully. In California, we

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.029 H23JNPT1 H4996 CONGRESSIONAL RECORD — HOUSE June 23, 2005 need more flexibility. Many of the that have been cut from education, it forward with an amendment. I urge all State laws do not apply or correspond is evident that we need a reform of this of my colleagues on both sides of the to the Federal laws and we are having bill. No Child Left Behind, $806 million aisle to get real about what America problems, especially in IDEA, attend- has been cut. The bill cuts $603 million wants and America needs. This is one ance and testing. But I will tell you from Title I. The Republican majority thing we ought to come together and that the items in which this bill are again breaks their promise on the fund- fix. important, Impact Aid that takes care ing of IDEA, provisions that help those Mrs. CAPITO. Mr. Speaker, I reserve of our military troops and Native with special needs. The bill freezes dol- the balance of my time. Americans, is increased in this bill. lars in the after-school centers. It Ms. SLAUGHTER. Mr. Speaker, I am If you look at title I, what is title I? slashes education technology dollars pleased to yield 3 minutes to the gen- Title I is for the most disadvantaged by $196 million. It eliminates com- tleman from Texas (Mr. EDWARDS). children we have in our Nation. Cali- prehensive school reform grants to Mr. EDWARDS. Mr. Speaker, unfor- fornia has to fight for its fair share. 1,000 high-poverty schools by elimi- tunately this appropriations bill fails About 1 in 9 Americans live there. But nating the program. This is not the the values test of equal opportunity yet title I is in this bill is increased. umbrella that the American people and fairness that the American people Pell grants, as has been mentioned, is need. would expect of us. The bill’s failure is the highest level ever. No child should When we begin to talk about invest- rooted in the flawed priorities of the be denied a secondary or a college edu- ment in America, this is the bill we do House leadership, which has said in its cation if they meet the standards, and it in, and we have traditionally done it budget resolution that it is okay to cut Pell grants help that. But, remember, in a bipartisan way. I have heard my education, job training, and health pro- the State pays for 93 percent. good friend from California say this is grams so that someone making $1 mil- IDEA, there is some reform I think a House bill, we are not finished, but lion a year can receive every dime of we can work on together in the Individ- this is a bill that makes a statement to his or her $220,000 annual tax cut. That uals With Disabilities Act. There are America. We have cut moneys from the is not okay. It is wrong. some students that take over $100,000 a most vulnerable. I would ask my col- These flawed priorities not only of- year out of the school system under leagues to look at this closely, defeat fend Americans’ sense of fairness, they IDEA because of special needs, and the this bill and go back to the American undercut our constitutional promise of school has to pay. We need to embrace people and work on their behalf. equal opportunity for all Americans. It that because in many areas those costs Support the Obey amendment. makes no sense. There are 7.6 million are impacting the schools themselves. Ms. SLAUGHTER. Mr. Speaker, I unemployed Americans, but this bill There is one amendment that I think yield 2 minutes to the gentleman from cuts job training programs. It makes is a good amendment that I may have Oregon (Mr. BLUMENAUER). no sense. Our Nation faces an ever to go against my chairman in this Mr. BLUMENAUER. Mr. Speaker, I more competitive world, but this bill today and that is Easy Start, authored appreciate the gentlewoman’s cour- does not allow college student loans by former member Bill Goodling of the tesy. I rise in opposition to the rule and grants to even keep up with the in- authorizing committee, a program in and to the bill. I have many concerns, flationary cost of higher education. which parents are actually involved but one of the most fundamental deals The result, millions of hardworking with their children at an early age in with the treatment of public broad- students who have earned the right to education, and I think that that should casting. Public broadcasting, is Amer- go to college will not be able to afford somehow be restored, hopefully in con- ica’s voice. It is our window on public to do so, thus undermining their future ference or maybe even with this affairs, culture, children’s program- and our Nation’s future. It makes no amendment. ming and education, enjoyed by 80 mil- sense. But I want to thank the gentleman lion viewers a week and over 30 million Over 43 million Americans, most of from Ohio and I want to thank the listeners on NPR, and one of the last them from working families, have no Members on the other side of the aisle. locally owned media voices in America. health insurance, but this bill cuts I am sad to hear the partisan rhetoric I worked hard over the last couple of services from maternal and child when many times we work so closely weeks to avoid a partisan showdown health along with rural health pro- together. over this bill, but here we are. grams. It makes no sense. Ms. SLAUGHTER. Mr. Speaker, I What does it say about America’s pri- Parents yearning to have more com- yield 2 minutes to the gentlewoman orities that we are cutting public mercial-free quality television pro- from Texas (Ms. JACKSON-LEE). broadcasting over 40 percent from the gramming for their small children will (Ms. JACKSON-LEE of Texas asked current year’s spending level to help be deeply disappointed to learn that and was given permission to revise and achieve the overall 1 percent target re- this bill guts funding for public broad- extend her remarks.) duction in the bill of over $140 billion, casting. Ms. JACKSON-LEE of Texas. Mr. a self-imposed straitjacket by the Re- Our labor, health and human service Speaker, the only thing I can say is publican majority? The committee ac- programs are about helping people help that I rise with enthusiasm to support tually tried at first to eliminate alto- themselves. Yet this bill, after infla- the Obey/Slaughter/Leach amendment gether future funding which has luck- tion and population growth, cuts $5.9 that recognizes the need and the reason ily been beaten back, at least for the billion from these important programs. for survival of public broadcasting. I time being. But I would urge each of That is a lot of bootstraps that decent, only say one sentence. If Afghan citi- my colleagues to look at the com- hardworking people will not have to zens can gather yesterday in Wash- mittee report, at the estimated alloca- pull themselves up and their family’s ington to welcome Big Bird to Afghani- tions for public television and radio future up. stan, then it really is a shame that we stations that are listed on pages 315 to Cutting programs that help millions are closing the door and turning off the 327 to look at the damage. of hardworking middle- and low-in- lights and turning off the television for Ironically, in States that are rural come American families make a better the children of America who learn and like mine that have large rural areas, life for themselves in order to pay for a are inspired by Big Bird and Sesame small towns, this damage is under- $220,000 annual tax cut for a privileged Street and PBS. stated, because the big cities will al- few reflects neither faith-based nor But then I want to support the Obey ways have public broadcasting, al- pro-family values. The bottom line is amendment that will be coming up though it will be hurt under this bill; this bill fails the American family val- that adds $11.8 billion to a bill that has but small town America, rural Amer- ues test of equal opportunity and fair- been called America’s umbrella. I am ica, that do not have the resources to ness. This bill fails American children, very sad to say that even though I have make up for it and are much more ex- seniors, and families. It fails our Na- the greatest respect for the chairman pensive to receive broadcasting, they tion’s future. We can do better and and, of course, the ranking member of face elimination, and it is outrageous. American families deserve better. this subcommittee, we have not done I am pleased that the gentleman Mrs. CAPITO. Mr. Speaker, I yield our job. From the billions of dollars from Wisconsin (Mr. OBEY) is coming myself such time as I may consume.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.053 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H4997 I would like to point out in this bill b 1130 any student going to a 4-year univer- in terms of America’s seniors that In addition, the Obey amendment sity is dragging behind. He is not doing there is implementation funding in would reduce the deficit by $11.8 billion nearly as well as he was 4 years ago. here for the very historic prescription while at the same time protecting To suggest that a $50 increase in the drug plan that will help many, many, these valuable social programs for the Pell grant is going to take care of a many seniors across this country and American people. $2,300 program is a joke. particularly those lower-income sen- Mr. Speaker, the activities included The SPEAKER pro tempore (Mr. iors who really are making those tough in this bill fund many of the govern- SIMPSON). The time of the gentle- choices. I am proud to say that is a bill ment’s most important social services woman from New York (Ms. SLAUGH- I was proud to have voted for. I cannot and touch almost every American in TER) has expired. wait for the implementation. This bill some way. Most of the programs and Mrs. CAPITO. Mr. Speaker, I yield provides for the good education mate- services in the bill are considerably un- myself such time as I may consume. rials and the implementation materials derfunded, many funded at last year’s I would like to close this debate by that our seniors are going to need to levels or below. And those that have re- again thanking the gentleman from move forward with this program. ceived increases have generally not re- Ohio (Chairman Regula), the chairman I would like to dispute also in terms ceived enough to keep pace with infla- of the subcommittee, and the ranking of cutting education, that is inherently tion. Most education programs are cut member and for their efforts on this false. There are 118 million more dol- or frozen at fiscal year 2005 levels. Job important piece of legislation. lars in this bill for public education training is funded below last year. NIH The debate on this rule has shown than there was last year. I think that funding, though slightly increased some of the difficulties that we have looks at the programs that are success- from last year, still is receiving the faced when appropriating funds for ful and enhances them. Tough choices lowest increase in 36 years. The Cen- areas as important as education and have been made, no question about it. ters for Disease Control is funded at health care. From community health There are other things in here. I $293 million below last year. centers to TRIO and title I, this bill ad- talked about Job Corps, but there is The list goes on and on, and the dresses our Nation’s critical health and also a dislocated workers program amendment will help reverse these se- education funding needs. which is a rapid response for layoffs rious shortfalls in our Nation’s top I ask my colleagues to join me in and plant closures or natural disasters, education, health care, and job train- support for the rule and underlying leg- something, unfortunately, a State like ing programs. Members should know islation. West Virginia, we seem to have our that a ‘‘no’’ vote will not prevent us Ms. WOOLSEY. Mr. Speaker, what we are share of natural disasters in flooding. from considering the Departments of hearing today is that there isn’t enough money This gives us the ability to have that Labor, Health and Human Services, to fund any of these important programs like rapid response. I think there is much and Education appropriations bill the Corporation for Public Broadcasting, edu- to be proud of in this bill. There is lots under an open rule, but a ‘‘no’’ vote cation, or health research. in here for education, for our families, will allow Members to vote on the Obey But, let’s be honest. The real reason that we for our seniors, for our workers and for amendment to restore funding short- do not have the money to put towards these the health of our Nation. falls in the bill, and a ‘‘yes’’ vote will programs is because of the reckless tax cuts Mr. Speaker, I reserve the balance of block consideration of the amendment. for the wealthiest of the wealthy that the White my time. Please vote ‘‘no’’ on the previous House and the majority party have insisted on Ms. SLAUGHTER. Mr. Speaker, I question. passing. yield myself the balance of my time. Mr. Speaker, I reserve the balance of Yesterday, I met with some of my young I will be calling for a ‘‘no’’ vote on my time. constituents representing the Migrant Edu- the previous question. If the previous Mrs. CAPITO. Mr. Speaker, I yield 1 cation Program. I would like to read their re- question is defeated, I will amend the minute to the gentleman from Ohio quests to you. rule so that we can consider the Obey (Mr. REGULA). We the constituents of the Migrant Edu- amendment that was rejected in the Mr. REGULA. Mr. Speaker, I thank cation Program regions II and XXIII of Cali- Rules Committee on a straight party- the gentlewoman for yielding me this fornia are here today to address constant line vote. time. issues that challenge the quality of our lives. Mr. Speaker, I ask unanimous con- Mr. Speaker, just the facts: in 1996 In order to achieve this we propose the fol- lowing. sent that the text of the amendment be the maximum Pell grant was $2,470. In printed in the CONGRESSIONAL RECORD this bill it is $4,100, almost a doubling EDUCATION immediately prior to the vote. in the past 10 years. One other fact: in We propose to the Congress to allocate The SPEAKER pro tempore (Mr. 1997 the total funding for this bill was funds to use in the implementations of pro- grams that will benefit learning through SIMPSON). Is there objection to the re- $75 billion. Today in this bill it is $142.5 buying proper equipment that will permit quest of the gentlewoman from New billion, almost double. students to succeed. Proper equipment in- York? So, I think it is important for people cludes: textbooks, sports, uniforms, and com- There was no objection. to realize that we have in the majority puters. Ms. SLAUGHTER. Mr. Speaker, the party’s tenure of the last 10 years al- IMMIGRATION Obey amendment would give $11.8 bil- most doubled the total. We propose that Congress pass the Dream lion in needed funding for the priority Ms. SLAUGHTER. Mr. Speaker, I Act and Student Adjustment Act, which job training, education and health pro- yield 1 minute to the gentleman from could allow undocumented students to pur- grams which have been underfunded in Wisconsin (Mr. OBEY). sue higher education. We propose better this bill. A $50 increase in a Pell grant, Mr. OBEY. Mr. Speaker, with respect working conditions for agricultural workers. let me state, is not going to help any- to Pell grants, the College Board has Better working conditions such as health body get a college education. The cost indicated that the cost of attending a care, breaks and better pay. of this amendment will not add one 4-year public university has increased SOCIAL SECURITY dollar to the deficit. It is fully offset by by $2,300 since the President became In order to secure our Social Security ben- reducing the substantial six-digit tax President. The President decided to fix efits we propose to reject President Bush’s cuts for those making more than $1 that problem by raising Pell grants by Social Security Reforms and accept to con- million from about $140,000 to $36,500 $100, thus taking care of 4 percent of tinue the current Social Security Program without the government tapping into our re- for the coming year. That cannot hurt the problem. The committee cut that sources. In order to reimburse the lost too much. That means that America’s to $50. That means that the committee money the Government must repay the def- millionaires will only be getting $36,000 is taking care of 2 percent of the prob- icit that was caused by the Governor’s deci- in special tax breaks so that we may lem. sions. properly fund education for our chil- In addition to that, the new IRS reg- HEALTH CARE dren and provide adequate health care ulations out of the administration have We propose to the Congress that in order for working Americans, a sacrifice, I cost students in my State over $170 per to have healthier citizens a universal pro- believe, that is well worth the cost. person. So the fact is that right now gram should be established with an equal

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.027 H23JNPT1 H4998 CONGRESSIONAL RECORD — HOUSE June 23, 2005 payment for insurance coverage regardless of We don’t have the money to continue fund- drop-out prevention programs, mental health their status in California. ing trauma care and emergency medical serv- integration programs in schools, and women’s The result of this will be a healthier public ices which received more than $3.4 million in educational equity programs which received a thus reducing the burden on taxpayers. A small tax increase, which will be offset fiscal year 2005 because we continue to fund combined $12.6 million in fiscal year 2006 be- by the thousands or even million of dollars outrageous tax cuts for millionaires. cause we continue to fund appalling tax cuts saved in the urgent care facilities. We don’t have the money to continue fund- to millionaires? All families will be able to live their lives ing early learning opportunities which received Just once, Mr. Speaker, just once, I would knowing that their tax payments are in re- almost $36 million in fiscal year 2005 because like to come to this floor with Republicans in turn to their health care leaving them with we continue to fund morally reprehensible tax the Majority and President Bush in the White a satisfaction that their insurance bill will not increase. We ask that the Government cuts for millionaires. House and say, we don’t have money for tax intervene to help maintain a set price. We don’t have the money to continue fund- cuts for millionaires because we have to fund ing arts in education programs which received LABOR programs that benefit the other 99 percent of Minimum wages: The average person lives $35.6 million in fiscal year 2005 because we this country. below the poverty line and in order to im- continue to fund unconscionable tax cuts for The material previously referred to prove the quality of life a higher minimum millionaires. by Ms. SLAUGHTER is as follows: wage needs to be issued. We don’t have the money to continue fund- PREVIOUS QUESTION ON H. RES. 337—RULE FOR Pesticides: Pesticides present a hazard to- ing alcohol abuse reduction programs which H.R. 3010—LABOR/HHS/EDUCATION FY06 AP- wards the health of workers and their fami- received $32.7 million in fiscal year 2005 be- PROPRIATIONS lies. cause we continue to fund self-serving tax At the end of the resolution, add the fol- Benefits: Equal health benefits should be lowing new sections: issued to all employees as a result of haz- cuts for millionaires. Mr. Speaker, the Labor-HHS-Education Ap- SEC. 2.Notwithstanding any other provi- ardous working conditions. sion of this resolution, the amendment print- FIELD WORKER PERMIT propriations bill for fiscal year 2006 provides us with a perfect example of what we are left ed in section 3 shall be in order without Permits should be issued for workers of intervention of any point of order and before foreign countries to work in the United with due to the irresponsible and reckless eco- any other amendment if offered by Rep- States under fair conditions. nomic policies of the President and Repub- resentative Obey of Wisconsin or a des- SAME SEX lican Majority. It is a clear indication of the dif- ignee.The amendment is not subject to Acknowledging the couple: Same sex cou- ferent approaches that Republicans and amendment except for pro forma amend- ples deserve equal unalienable rights as het- Democrats take toward ensuring the domestic ments or to a demand for a division of the erosexual couples. security and well-being of our country. question in the committee of the whole or in Support Adoption: Same sex couples de- The drastic cuts in the Labor-HHS-Edu- the House. serve the opportunity to give a loving home cation bill are also clear examples of the very SEC. 3. The amendment referred to in sec- tion 2 is as follows: to a child in need. different philosophical approach toward gov- Separating state and religion: An indi- AMENDMENT TO H.R. 3010, AS REPORTED ernment that our two parties take. Democrats, vidual deserves the right to do as one pleases OFFERED BY MR. OBEY OF WISCONSIN without the intervention of theocracy, while on one hand, believe that the role of govern- Page 2, line 12, strike ‘‘$2,658,792,000’’ and respecting civil rights. ment is to serve the masses, especially those insert ‘‘$2,900,792,000’’. VIOLENCE IN THE MEDIA who have the least and need the most. We do Page 2, line 13, strike ‘‘$1,708,792,000’’ and We propose to the Congress that violence not demonize and slash funding for federally insert ‘‘$1,950,792,000’’. in TV should be controlled to a substantial sponsored programs that help individuals stay Page 2, line 18, strike ‘‘$950,000,000’’ and in- level of awareness; such level could include in school, assist the unemployed find work, sert ‘‘$986,000,000’’. showing violence media in the after hours help pay for college, and further improve rural Page 2, line 24, strike ‘‘$1,193,264,000’’ and and avoid presentation of inappropriate ma- health care. Democrats believe that govern- insert ‘‘$1,243,264,000’’. terial. We the delegates of California propose ment exists not only to protect the people, but Page 3, line 1, strike ‘‘$125,000,000’’ and in- to the Congress that there will be more funds sert ‘‘$250,000,000’’. for community activities for the youth, so to provide services that, as our framers put it, Page 5, line 18, strike ‘‘$3,299,381,000’’ and that they get involved and occupy their time ‘‘promote the general welfare’’ of all. insert ‘‘$3,414,381,000’’. in something useful other than gangs, such Republicans, on the other hand, believe that Page 6, line 16, strike ‘‘$672,700,000’’ and in- as, sports, music, dancing groups, karate, government is intrusive. They believe that sert ‘‘$757,700,000’’. etc. shared responsibility should not be a priority of Page 21, line 13, strike ‘‘$244,112,000’’ and Children and adolescents are the most af- our government, and the responsibility that we insert the following: fected audience through the contents of vio- have to others is limited only to the unselfish and including the management or operation, lence. We strongly recommend that such ma- and altruistic. Republicans are willing to sac- through contracts, grants or arrangements terial be diminished; such contents include of Departmental activities conducted by or music, alcohol, sex, drugs, gun control, and rifice the greater good of the masses to further through the Bureau of International Labor homicide. We propose to the Congress that pad the pockets of the wealthy. Affairs, including bilateral and multilateral programs should be developed in local com- I’m tired of hearing the Appropriations Com- technical assistance and other international munities in order to educate parents about mittee say, ‘We did the best that we could with labor activities, $325,112,000 violence and how to keep it away from to- what we were given,’ because ultimately, we Page 25, line 16, strike ‘‘$6,446,357,000’’ and day’s youth. aren’t doing the best that we can. Congress is insert ‘‘$7,587,357,000’’. These are some of the requests that we failing the American people when we slash Page 26, line 18, strike ‘‘$285,963,000’’ and could have fulfilled had it not been for these funding for programs that millions depend on. insert ‘‘$295,963,000’’. Page 27, line 3, strike ‘‘$797,521,000’’ and in- reckless tax cuts. We should not forget about Mr. Speaker, am I the only one who is of- sert ‘‘$817,521,000’’. the needs of our children and the elderly. It is fended that we don’t have the money to con- Page 29, line 1, strike ‘‘$5,945,991,000’’ and time to turn back some of these reckless tax tinue funding foreign language assistance pro- insert ‘‘$6,207,991,000’’. cuts and put the money into education, health grams which received almost $18 million in fis- Page 31, line 18, strike ‘‘$4,841,774,000’’ and care, and all of the services that the most vul- cal year 2005 because we continue to fund insert ‘‘$4,969,526,000’’. nerable in our society need to survive. odious tax cuts for millionaires? Page 32, line 2, strike ‘‘$2,951,270,000’’ and Mr. HASTINGS of Florida. Mr. Speaker, I Am I the only one who is appalled that we insert ‘‘$3,029,140,000’’. rise today with grave concern about the Labor- don’t have the money to continue funding lit- Page 32, line 7, strike ‘‘$393,269,000’’ and in- sert ‘‘$403,646,000’’. HHS-Education Appropriations bill for fiscal eracy programs for prisoners which received Page 32, line 12, strike ‘‘$1,722,146,000’’ and year 2006 and the direction in which our coun- just under $5 million in fiscal year 2005 be- insert ‘‘$1,767,585,000’’. try’s priorities are going. I find it amazing that cause we continue to fund irresponsible tax Page 32, line 17, strike ‘‘$1,550,260,000’’ and we don’t have the money to continue funding cuts for millionaires? insert ‘‘$1,591,164,000’’. critical programs in this bill because we con- Where’s the outrage from my Republican Page 32, line 22, strike ‘‘$4,359,395,000’’ and tinue to fund outlandish tax cuts for million- colleagues that we don’t have the money to insert ‘‘$4,574,419,000’’. aires. continue funding programs on America’s Un- Page 32, line 25, insert the following before the period: We don’t have the money to continue fund- derground Railroad which received $2 million : Provided further, That $100,000,000 may be ing a sickle cell demonstration program which in fiscal year 2005 because we continue to made available to International Assistance received $198,000 in fiscal year 2005 because fund offensive tax cuts for millionaires? Programs, ‘‘Global Fund to Fight HIV/AIDS, we continue to fund ridiculous tax cuts for mil- Where’s the infuriation from Members that Malaria, and Tuberculosis’’, to remain avail- lionaires. we don’t have the money to continue funding able until expended

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.039 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H4999 Page 33, line 4, strike ‘‘$1,955,170,000’’ and Page 75, line 7, strike ‘‘$4,100’’ and insert Lucas Peterson (PA) Shuster insert ‘‘$2,006,758,000’’. $4,550’’. Lungren, Daniel Petri Simmons Page 33, line 9, strike ‘‘$1,277,544,000’’ and Page 88, strike line 11. E. Pickering Simpson Mack Pitts insert ‘‘$1,311,252,000’’. Page 88, line 14, strike ‘‘$100,000,000 is re- Smith (NJ) Manzullo Poe Smith (TX) Page 33, line 13, strike ‘‘$673,491,000’’ and scinded;’’. Marchant Pombo insert ‘‘$691,261,000’’. Sodrel Page 96, line 13, strike ‘‘$9,159,700,000’’ and Marshall Porter Souder Page 33, line 18, strike ‘‘$647,608,000’’ and insert ‘‘$9,268,700,000’’. McCaul (TX) Price (GA) Stearns insert ‘‘$664,695,000’’. Insert at the end of title V (before the McCotter Pryce (OH) Sullivan Page 33, line 22, strike ‘‘$1,057,203,000’’ and short title) the following new section: McCrery Putnam Sweeney McHenry Radanovich insert ‘‘$1,085,098,000’’. SEC. ll. In the case of taxpayers with ad- Tancredo Page 34, line 5, strike ‘‘$513,063,000’’ and in- McHugh Ramstad Taylor (NC) justed gross income in excess of $1,000,000, for McKeon Regula sert ‘‘$526,600,000’’. Terry the tax year beginning in 2005 the amount of McMorris Rehberg Page 34, line 10, strike ‘‘$397,432,000’’ and Thomas tax reduction resulting from enactment of Mica Reichert Thornberry insert ‘‘$407,918,000’’. the Economic Growth and Tax Relief Rec- Miller (FL) Renzi Page 34, line 14, strike ‘‘$138,729, 000’’ and Tiahrt onciliation Act of 2001 and the Jobs and Miller (MI) Reynolds insert ‘‘$142,389,000’’. Tiberi Growth Tax Relief Reconciliation Act of 2003 Miller, Gary Rogers (AL) Page 34, line 19, strike ‘‘$440,333, 000’’ and Moran (KS) Rogers (KY) Turner shall be reduced by 74 percent. insert ‘‘$451,951,000’’. Murphy Rogers (MI) Upton Walden (OR) Page 34, line 23, strike ‘‘$1,010,130,000’’ and Mrs. CAPITO. Mr. Speaker, I yield Musgrave Rohrabacher back the balance of my time, and I Myrick Ros-Lehtinen Walsh insert ‘‘$1,036,783,000’’. Wamp Page 35, line 4, strike ‘‘$1,417,692,000’’ and move the previous question on the res- Neugebauer Royce Ney Ryan (WI) Weldon (FL) insert ‘‘$1,455,098,000’’. olution. Northup Ryun (KS) Weldon (PA) Page 35, line 8, strike ‘‘$490,959,000’’ and in- The SPEAKER pro tempore. The Norwood Saxton Weller sert ‘‘$503,913,000’’. question is on ordering the previous Nunes Schwarz (MI) Westmoreland Page 35, line 13, strike ‘‘$299,808,000’’ and Nussle Sensenbrenner Whitfield insert ‘‘$307,719,000’’. question. Osborne Sessions Wicker Page 35, line 17, strike ‘‘$1,100,232,000’’ and The question was taken; and the Otter Shadegg Wilson (NM) insert ‘‘$1,129,323,000’’. Speaker pro tempore announced that Oxley Shaw Wilson (SC) Page 36, line 5, strike ‘‘$122,692,000’’ and in- the ayes appeared to have it. Paul Shays Wolf sert ‘‘$125,929,000’’. Pearce Sherwood Young (AK) Ms. SLAUGHTER. Mr. Speaker, I ob- Pence Shimkus Young (FL) Page 36, line 10, strike ‘‘$197,379,000’’ and ject to the vote on the ground that a insert ‘‘$202,587,000’’. NAYS—194 Page 36, line 13, strike ‘‘$67,048,000’’ and in- quorum is not present and make the point of order that a quorum is not Abercrombie Filner Miller, George sert ‘‘$68,817,000’’. Ackerman Ford Mollohan Page 36, line 17, strike ‘‘$318,091,000’’ and present. Allen Frank (MA) Moore (KS) insert ‘‘$326,484,000’’. The SPEAKER pro tempore. Evi- Andrews Gonzalez Moran (VA) Page 37, line 7, strike ‘‘$482,216,000’’ and in- dently a quorum is not present. Baca Gordon Murtha sert ‘‘$494,939,000’’. Baird Green, Al Nadler The Sergeant at Arms will notify ab- Baldwin Green, Gene Napolitano Page 39, line 11, strike ‘‘$3,230,744,000’’ and sent Members. insert ‘‘$3,262,744,000’’. Barrow Grijalva Neal (MA) Bean Gutierrez Oberstar Page 45, line 10, strike ‘‘$1,984,799,000’’ and Pursuant to clause 9 of rule XX, the Chair will reduce to 5 minutes the min- Becerra Harman Obey insert ‘‘2,199,799,000’’. Berkley Hastings (FL) Olver Page 45, after line 10, insert the following imum time for electronic voting, if or- Berman Herseth Ortiz new paragraph: dered, on the question of adoption of Berry Higgins Owens For making payments under title XXVI of the resolution. Bishop (GA) Hinchey Pallone Bishop (NY) Hinojosa Pascrell the Omnibus Budget Reconciliation Act of The vote was taken by electronic de- 1981, $215,000,000, to remain available until Blumenauer Holden Pastor expended: Provided, That these funds are for vice, and there were—yeas 225, nays Boren Holt Payne 194, not voting 14, as follows: Boswell Honda Pelosi the unanticipated home energy assistance Boucher Hooley Price (NC) needs of one or more States, as authorized by [Roll No. 304] Brady (PA) Hoyer Rahall section 2604(e) of the Act, and notwith- YEAS—225 Brown (OH) Inslee Rangel standing the designation requirement of sec- Brown, Corrine Israel Reyes Aderholt Crenshaw Green (WI) Butterfield Jackson (IL) Ross tion 2602(e). Akin Cubin Gutknecht Capps Jackson-Lee Rothman Page 45, line 20, strike ‘‘$560,919,000’’ and Alexander Culberson Hall Capuano (TX) Roybal-Allard insert ‘‘$601,919,000’’. Bachus Cunningham Harris Cardin Jefferson Ruppersberger Page 46, line 9, strike ‘‘$2,082,910,000’’ and Baker Davis (KY) Hart Cardoza Johnson, E. B. Rush Barrett (SC) Davis, Jo Ann Hastings (WA) insert ‘‘$2,382,910,000’’. Carnahan Kanjorski Sabo Bartlett (MD) Deal (GA) Hayes Page 48, line 7, strike ‘‘$8,688,707,000’’ and Carson Kaptur Salazar Barton (TX) DeLay Hayworth insert ‘‘$9,283,707,000’’. Case Kennedy (RI) Sa´ nchez, Linda Bass Dent Hefley Page 48, line 13, strike ‘‘$6,899,000,000’’ and Chandler Kildee T. Beauprez Diaz-Balart, L. Hensarling Clay Kilpatrick (MI) Sanchez, Loretta insert ‘‘$7,038,000,000’’. Biggert Diaz-Balart, M. Herger Cleaver Kind Sanders Page 48, line 17, strike ‘‘$384,672,000’’ and Bilirakis Doolittle Hobson Clyburn Langevin Schakowsky insert ‘‘$714,672,000’’. Bishop (UT) Drake Hoekstra Conyers Lantos Schiff Page 52, line 6, strike ‘‘$1,376,217,000’’ and Blackburn Dreier Hostettler Cooper Larsen (WA) Schwartz (PA) Blunt Duncan Hulshof insert ‘‘$1,419,217,000’’. Costa Larson (CT) Scott (GA) Boehlert Ehlers Inglis (SC) Page 65, line 8, strike ‘‘$14,728,735,000’’ and Costello Lee Scott (VA) Boehner Emerson Issa insert ‘‘$17,923,735,000’’. Cramer Levin Serrano Bonilla English (PA) Istook Page 65, line 8, strike ‘‘$7,144,426,000’’ and Crowley Lipinski Sherman Bonner Everett Jenkins Cuellar Lofgren, Zoe Skelton insert ‘‘$10,339,426,000’’. Bono Feeney Jindal Cummings Lowey Slaughter Page 65, line 22, strike ‘‘$2,269,843,000’’ and Boozman Ferguson Johnson (CT) Davis (AL) Lynch Smith (WA) insert ‘‘$3,769,843,000’’. Boustany Fitzpatrick (PA) Johnson (IL) Davis (CA) Maloney Snyder Page 65, line 24, strike ‘‘$2,269,843,000’’ and Bradley (NH) Flake Johnson, Sam Davis (FL) Markey Solis Brady (TX) Foley Jones (NC) insert ‘‘$3,769,843,000’’. Davis (IL) Matheson Spratt Brown (SC) Forbes Keller Page 66, line 2, strike ‘‘$10,000,000’’ and in- Davis (TN) Matsui Stark Brown-Waite, Fortenberry Kelly sert ‘‘$205,000,000’’. DeFazio McCarthy Strickland Ginny Fossella Kennedy (MN) Page 66, line 9, strike ‘‘$1,240,862,000’’ and DeGette McCollum (MN) Stupak Burgess Foxx King (IA) insert ‘‘$1,340,862,000’’. Delahunt McDermott Tanner Burton (IN) Franks (AZ) King (NY) DeLauro McGovern Tauscher Page 66, line 9, strike ‘‘$1,102,896,000’’ and Calvert Frelinghuysen Kingston Dicks McIntyre Taylor (MS) insert ‘‘$1,202,896,000’’. Camp Gallegly Kirk Dingell McKinney Thompson (CA) Page 67, line 18, strike ‘‘$5,393,765,000’’ and Cannon Garrett (NJ) Kline Doggett McNulty Thompson (MS) Cantor Gerlach Knollenberg insert ‘‘$6,343,765,000’’. Doyle Meehan Tierney Capito Gibbons Kolbe Page 67, line 18, strike ‘‘$3,805,882,000’’ and Edwards Meek (FL) Towns Carter Gilchrest Kuhl (NY) insert ‘‘$4,755,882,000’’. Emanuel Meeks (NY) Udall (CO) Castle Gillmor LaHood Page 70, line 23, strike ‘‘$11,813,783,000’’ and Engel Melancon Udall (NM) Chabot Gingrey Latham insert ‘‘$13,373,783,000’’. Eshoo Menendez Van Hollen Chocola Gohmert Leach Etheridge Michaud Vela´ zquez Page 70, line 24, strike ‘‘$6,202,804,000’’ and Coble Goode Lewis (CA) Evans Millender- Visclosky insert ‘‘$7,762,804,000’’. Cole (OK) Goodlatte Lewis (KY) Farr McDonald Wasserman Page 75, line 4, strike ‘‘$15,283,752,000’’ and Conaway Granger Linder Fattah Miller (NC) Schultz insert ‘‘$17,183,752,000’’. Cox Graves LoBiondo

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.003 H23JNPT1 H5000 CONGRESSIONAL RECORD — HOUSE June 23, 2005 Waters Waxman Woolsey cooperation we can get on amend- meeting the needs of the American Watson Weiner Wu Watt Wexler Wynn ments. people. Let me start with education. Also, I am going to ask unanimous Earlier on the rule, I quoted from an NOT VOTING—14 consent to move the issue of the Cor- editorial piece by David Broder today Boyd Jones (OH) Peterson (MN) poration for Public Broadcasting to that in polling the American people, Buyer Kucinich Platts come up as the first issue as there is a they said education was the number Davis, Tom LaTourette Pomeroy Hunter Lewis (GA) Ryan (OH) lot of interest in this. We will try to one reason for the success of this Na- Hyde Moore (WI) limit time on both sides and give peo- tion. Education is essential to the pres- ervation of democracy, and an invest- b 1200 ple a chance to vote on this. So all of that is an effort to expedite ment in education is an investment in So the previous question was ordered. today’s proceedings. people. The result of the vote was announced Mr. OBEY. Mr. Chairman, will the Mr. Chairman, Federal education as above recorded. gentleman yield? spending has more than doubled since The SPEAKER pro tempore (Mr. Mr. REGULA. I yield to the gen- 1996, from $23 billion to $56.7 billion, as SIMPSON). The question is on the reso- tleman from Wisconsin. contained in this bill. Education fund- lution. Mr. OBEY. I thank the gentleman ing in this bill for fiscal year 2006 is The resolution was agreed to. from Ohio (Mr. REGULA) for yielding. $476 million above the President’s re- A motion to reconsider was laid on Mr. Chairman, I want to emphasize, quest. We added to his request. This is the table. as the subcommittee chairman says, a significant commitment to the future f we are trying to help Members get out of our Nation. of here today. We cannot do that unless However, we must be prudent in our GENERAL LEAVE we get cooperation from Members on funding priorities to ensure that these Mr. REGULA. Mr. Speaker, I ask amendments and on time. dollars are targeted to programs that unanimous consent that all Members Frankly, if I had my way, there most directly improve the education of may have 5 legislative days within would be one speech for this bill, one our Nation’s students. which to revise and extend their re- speech against it, and we would vote, We have focused spending in this bill marks and include extraneous material because we are not going to make any on the key areas that directly impact on H.R. 3010 and that I may include significant changes in this bill given our children’s education. First, and tabular material on the same. what the budget has done to us. foremost, I believe that no child will be The SPEAKER pro tempore. Is there So we might as well get on with it. I left behind if he or she has a quality objection to the request of the gen- would ask Members to give us their co- teacher. Almost every teacher in our tleman from Ohio? operation. I thank the gentleman from Nation’s classrooms today is there for There was no objection. Ohio (Mr. REGULA) for bringing it to one reason: they care about children and want to help them reach their full f the House’s attention. Mr. REGULA. Mr. Chairman, and my potential. DEPARTMENTS OF LABOR, colleagues, I am pleased to present be- We applaud their hard work and dedi- HEALTH AND HUMAN SERVICES, fore the House today the fiscal year cation and support them in this bill by AND EDUCATION, AND RELATED 2006 appropriations bill for the Depart- providing funding to encourage people AGENCIES APPROPRIATIONS ments of Labor, Health and Human to enter the field of teaching, and pro- vide incentives for quality teachers to ACT, 2006 Services, Education, and Related Agen- remain in the classrooms. This bill sup- The SPEAKER pro tempore. Pursu- cies. ant to House Resolution 337 and rule By taking into consideration the pri- ports teachers and students by increas- ing funding for title I by $100 million. XVIII, the Chair declares the House in orities of the President and the Mem- Title I provides additional resources to the Committee of the Whole House on bers of this House, we have produced a low-income schools, to help principals, the State of the Union for the consider- bill that meets the needs of all Ameri- teachers, and students close education ation of the bill, H.R. 3010. cans. We are appreciative of the efforts achievement gaps. of the leader of the House and the b 1203 At the school level, Title I helps pro- chairman of the Appropriations Com- vide additional staffing, ongoing train- IN THE COMMITTEE OF THE WHOLE mittee, the gentleman from California ing, and the latest research, computer Accordingly, the House resolved (Mr. LEWIS), in providing a workable equipment, books or new curricula. itself into the Committee of the Whole allocation for this bill. That, coupled with strong account- House on the State of the Union for the I would also like to acknowledge the ability measures, helps disadvantaged consideration of the bill (H.R. 3010) hard work, dedication, and expertise of children meet the same high standards making appropriations for the Depart- my subcommittee staff, as well as the as their more advantaged peers. ments of Labor, Health and Human minority staff, in putting together this I want to say that this bill really Services, and Education, and Related bill. tries to help every individual to be sen- Agencies for the fiscal year ending Sep- Mr. Chairman, we have made a com- sitive to the needs of all people. We, tember 30, 2006, and for other purposes, mitment to reduce Federal deficits. this morning, and every morning when with Mr. PUTNAM in the chair. With the reduction in the budget from we meet, give the Pledge of Allegiance. The Clerk read the title of the bill. last year, support for Pell grants re- We close by saying ‘‘with liberty and The CHAIRMAN. Pursuant to the quired by the budget resolution, and justice for all.’’ That is what we have rule, the bill is considered as having that was money that has been spent in tried to do here, because education been read the first time. years past that we had to pay in this does give people liberty, it does give Under the rule, the gentleman from bill, and new implementation and proc- them justice, and the same thing with Ohio (Mr. REGULA) and the gentleman essing costs of the Medicare Mod- medical research. from Wisconsin (Mr. OBEY) each will ernization Act, we had nearly $2 billion Mr. Chairman, many of my col- control 30 minutes. less to spend on programs that were leagues spoke with me about the finan- The Chair recognizes the gentleman funded in fiscal year 2005. cial demands of special education on from Ohio (Mr. REGULA). We made some tough decisions. We their local school districts. We also Mr. REGULA. Mr. Chairman, I yield eliminated four programs and did not hear from parents about the need to myself such time as I may consume. initiate eight new programs proposed support adequate special education Mr. Chairman, let me say at the out- by the President. But when looked at funding to ensure their special needs set here that the gentleman from Wis- as a whole, this bill provides $142.5 bil- children receive a quality education. consin (Mr. OBEY) and I have had a dis- lion to over 500 discretionary pro- In this bill, funding for special edu- cussion about the possibility of trying grams. It is a lot of money, and it does cation is increased by $150 million, to finish this bill today. We want to a lot of good. which brings its total to over $11 bil- make every effort to do so. And that It is a responsible, fair, and balanced lion, a nearly 378 percent increase since will depend, of course, on what kind of bill. I believe it does a good job in the fiscal year 1996.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.002 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5001 I believe that quality of classroom b 1215 of days, or even hours, making early teachers and principals is one of the Fiscal year 2006 spending for Title III detection and action more important most important factors that affects programs is at $506 million; combined than ever. student achievement. This bill provides with the funding for Howard Univer- As the CDC director, Dr. Gerberding, $100 million to reward effective teach- sity, our commitment to minority and National Institutes of Health di- ers and to offer incentives for highly serving institutions exceeds $747 mil- rector, Dr. Zerhouni, have said, infec- qualified teachers to be in our Nation’s lion. tious disease and bioterrorism are one high schools, and particularly in high- The sharp rise in college costs con- of the greatest threats to our safety needs schools. tinues to be a barrier to many stu- and security today. CDC plays a crit- Mr. Chairman, science and tech- dents. Pell grants help ensure access to ical role in controlling these diseases. nology have been and will continue to postsecondary education for low- and Traveling at a moment’s notice to in- be the engines of U.S. economic growth middle-income undergraduate students vestigate outbreaks both abroad and at and national security. Excellence in by providing financial assistance. This home, CDC is watching over these par- discovery, innovation in science and bill increases the maximum award of a ticular and dangerous medical issues. engineering is derived from an ample Pell grant to $4,100, the highest level in Recognizing the tremendous chal- and well-educated workforce. To ensure history. As required by the budget res- lenges faced by the CDC, we have pro- competency in a rapidly changing glob- olution, the bill provides $4.3 billion to vided nearly $6 billion for their budget al market, this bill provides $190 mil- retire the shortfall that has accumu- in fiscal year 2006. lion for the math and science partner- lated in the program over the last sev- Mr. Chairman, as you know, many of ship program. This program supports eral years because of higher-than-ex- the community health centers have State and local efforts to improve stu- pected student participation in the pro- served as America’s health care safety dent academic achievements in mathe- gram. And, that is good, that more stu- net for the Nation’s underserved popu- matics and science by promoting dents are participating. lations. Health centers operating at strong teaching skills for elementary Health care is a critical part of the the community level provide regular and secondary school teachers. Nation’s economic development. To as- access to high-quality, family-oriented, Many of you already know that First sist in protecting health of all Ameri- comprehensive primary and preventa- Lady Laura Bush supports the Troops cans and provide essential human serv- tive health care, regardless of ability to Teachers programs, and has visited ices, this bill provides the Department to pay, and improve the health status military bases to inform our troops of Health and Human Services over $63 of underserved populations living in about the opportunity to enter the billion for fiscal year 2006. Mr. Chair- inner-city and rural areas. field of teaching upon completion of man, similar to the Department of The health centers’ target popu- their military service. Education, we have more than doubled lations have lower life expectancy and With maturity, training in mathe- the funding for HHS since 1996 from higher death rates compared to the matics or science, and assistance in ap- $28.9 billion in fiscal year 1996 to $63.1 general population. These patients propriate courses for teaching, mem- billion in this bill. have less purchasing power and many bers of our Armed Forces make out- At the forefront of new progress in are unable to afford even the most standing classroom teachers. And in medicine, the National Institutes of basic medical or dental attention. In fields where we currently have teacher Health supports and conducts medical 2003, the Community Health Centers shortages, this bill provides $15 million research to understand how the human served more than 12 million patients for the Troops to Teachers program. body works and to gain insight into During the 2001–2002 school year, ap- and I am sure many more in the last countless diseases and disorders. It proximately 42 percent of the Nation’s couple of years. Funding for the com- supports a wide spectrum of research schools were located in rural areas or munity health centers is $1.8 billion; small towns, and approximately 30 per- to find cures covering many medical again, an increase of $100 million over cent of all students attended these conditions that affect people. As a re- last year. schools. The average rural or small sult of our commitment to NIH, our Children’s hospitals across the Na- town school serves 364 students, com- citizens are living longer and better tion are the training grounds for our pared to 609 students served by the av- lives. In 1900, the life expectancy was pediatricians and pediatric specialists. erage urban school. only 47 years. By 2003 it was almost 78 Many of these hospitals are regional The small size of many rural schools years. And I am sure that it would be and national referral centers for very and districts presents a different set of even more today. sick children, often serving as the only problems from those of urban schools The 5-year doubling of the NIH budg- source of care for many critical pedi- and districts. This bill provides over et completed in fiscal year 2003 both atric services. This bill provides $300 $171 million to meet the needs of picked up the pace of discovery and million to train these important care- schools in rural communities. heightened public expectations. We givers who will care for America’s TRIO, GEAR UP, Vocational Edu- now expect NIH to carefully examine youngest population, its children. cation State grants and adult edu- its portfolio and continue to be a good The AIDS Drug Assistance Program cation programs have strong support steward of the public’s investment. for funding is increased by $10 million from Members of this body. These pro- Funding for NIH has increased by over and brings the Ryan White AIDS pro- grams were proposed for termination in $142 million, bringing its total budget gram total to over $2 billion. The in- the President’s budget. However, we to $28.5 billion. crease in funding assists those infected have allocated over $3 billion for the It is certainly a serious commitment with the virus in receiving vital med- continuation of these important ef- to health research. All the information ical attention. forts. and advances we have gained from NIH We have provided nearly $6.9 billion Title III programs are designed to would be useless if it does not make its for Head Start, a program designed pri- strengthen institutions of higher edu- way to health care providers and indi- marily for preschoolers from low-in- cation that serve a high percentage of viduals, those most responsible for come families. Head Start promotes minority students and students from their own health. Thus, the work for school readiness by enhancing the so- low-income backgrounds. Federal Centers for Disease Control and Pre- cial and cognitive development of chil- grants made under those programs go vention, better known as CDC, is crit- dren through the provision of edu- to eligible institutions to support im- ical to protecting the health and safety cational, health, nutritional, social and provements in the academic quality, of people both at home and abroad. In- other services. institutional management, endow- fectious diseases such as SARS, West The Low Income Home Energy As- ments and fiscal stability. Funding is Nile Virus, HIV/AIDS, and tuberculosis sistance Program ensures that low-in- targeted to minority-serving and other have the ability to destroy lives, strain come households are not without heat- institutions that enroll a large propor- community resources, and even threat- ing or cooling, and provides protection tion of financially disadvantaged stu- en nations. In today’s global environ- to our most vulnerable populations: dents and have low per-student expend- ment, new diseases have the potential the elderly, households with small chil- itures. to spread across the world in a matter dren, and persons with disabilities. The

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.047 H23JNPT1 H5002 CONGRESSIONAL RECORD — HOUSE June 23, 2005 funds are distributed to the States not had the chance to serve on the gen- tory spending by way of the Committee through a formula grant program and tleman’s great subcommittee. Since I on Ways and Means, this bill provides we have provided nearly $2 billion for have the job chairing the whole com- the funding for the agencies’ adminis- fiscal year 2006. mittee now, I have involved myself in trative costs. Centers for Medicare and Mr. Chairman, our society is judged the gentleman’s work; and I must say Medicaid Services pay about one-third not only by the care we provide to our to my colleagues, our Members, as well of national health care expenditures young, but also how we treat our elder- as the public-at-large, the gentleman and pay for more than one-half of all ly. We owe a profound debt of gratitude from Ohio (Mr. REGULA) and the gen- senior health care costs. to a generation of older Americans tleman from Wisconsin (Mr. OBEY) over Let me repeat that. Medicare and whose hard work, courage, faith, sac- the years have done a fabulous job, es- Medicaid pay for more than one-half of rifice, and patriotism helped to make pecially this year in a year of some all senior health care costs. More than this Nation great. constraint. 85 million Americans rely on these pro- Funding in the nutrition programs, We may have to come up with some grams for health care coverage. Last including Meals On Wheels for the el- money for a sound system for our- year the Centers for Medicare and Med- derly, are increased by over $7 million. selves. icaid Services processed over 1 billion This bill provides nearly $1.4 billion to Mr. Chairman, I just want my col- claims, answered over 52 million in- the Administration on Aging to en- leagues to know how impressed I am quiries and reviewed nearly 8 million hance health care, nutrition, and social with the work both the gentleman appeals. supports to seniors and their family from Ohio (Mr. REGULA) and the gen- SSA, Social Security Administra- caregivers. tleman from Wisconsin (Mr. OBEY) The Labor Department. We ought to tion, will also play a vital role in the have done on behalf of the American implementation of the Medicaid Mod- support the aspirations of people: good public, whether it be Indian health health, security, meaningful work, cre- ernization Act, as they will identify care, or preschool, or dealing with low-income beneficiaries who might be ative and intellectual pursuits. The De- labor issues that can be very conten- partment of Labor places a key role in eligible for drug benefit subsidies, tious, a fabulous job of priorities. many important worker training and make low-income subsidy determina- I particularly want to compliment protection programs. Therefore, we tions, withhold premiums appropriate the gentleman for the priority he has have restored funding to core job train- to beneficiaries’ selected plans, and given to the kind of research and devel- ing and employment assistance pro- calculate Part B premiums for high-in- opment that is extending the good grams. come beneficiaries. health as well as the lives of our citi- A number of communities continue The increases provided to CMS and zens. I have been very impressed with to experience plant closings and other SSA will enable them to implement those people from NIH but also from layoffs, and we understand the need to and improve delivery of benefits and the Centers for Disease Control, fabu- support dislocated worker training pro- expedite the processing of disability lously involving America in the most grams that can assist workers return claims, and that is very important. important work; that is, healthy lives to gainful employment. In this bill we This bill meets our financial commit- and longer lives for our citizens. I com- restore funding for dislocated worker ment for effective administration of pliment the gentleman and thank him assistance programs to over $1.4 bil- these programs and ensures efficient very much for the time. lion, an increase of $62 million over the services to recipients. Mr. REGULA. Mr. Chairman, I thank budget request. the gentleman for his comments. In conclusion, Mr. Chairman, much The Job Corps program provides a more could be said about this bill Reclaiming my time, the Job Corps comprehensive and intensive array of which touches every American at some provides a comprehensive and intensive training, career development, job point in life. We are mindful of the fis- array of training, career development, placement and support services to our cal limitations on our bill and we have job placement, and support services to disadvantaged young people between tried to use the allocation to fund our disadvantaged young people between the ages of 16 and 24. Many people who highest priorities. This bill does its the ages of 16 and 24. Many people en- enroll in a Job Corps Center never com- part, its best, to meet the American rolled in the Job Corps Center never pleted their high school education and people’s needs. completed their high school education may have other barriers to sustaining I want to say to my colleagues on the a job. This program ensures that dis- and have other barriers. For fiscal year 2006, this bill provides other side of the aisle and also on our advantaged young people are afforded side, it was a great subcommittee. an opportunity to successfully partici- over $1.5 billion for these programs and this is an increase. And we likewise Both Republican and Democrat mem- pate in the Nation’s workforce. bers worked very well together, and we For fiscal year 2006 this bill provides protect the safety of workers. may have some disagreements on the over $1.5 billion for this program, an Mr. Chairman, in order to implement amounts of money, but I think within increase of $25 million over the Presi- more than 400 provisions of the Medi- the confines of what was available, we dent’s request. care Modernization Act and ensure pretty much are in agreement with the Mr. LEWIS of California. Mr. Chair- that senior citizens receive the pre- assignment of priorities that were man, will the gentleman yield? scription drug benefits that we provide made. All the members participated Mr. REGULA. I yield to the gen- in MMA, we have allocated more than very effectively. tleman from California. $1 billion over the fiscal year 2005 level Mr. LEWIS of California. Mr. Chair- to the Centers for Medicare and Med- It is a responsible, fair, and balanced man, I very much appreciate my chair- icaid Services and Social Security Ad- bill and I ask my colleagues to support man yielding. I rise just for a moment. ministration. it. As you know, over the years in the While benefits that both of these Mr. Chairman, the following is a de- Committee on Appropriations. I have agencies provide come through manda- tailed table of the bill:

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VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.051 H23JNPT1 Insert offset folio 167/23 here EH23JN05.023 H5026 CONGRESSIONAL RECORD — HOUSE June 23, 2005 b 1230 For our workers, the administration On Pell grants, the main program we Mr. Chairman, I reserve the balance is about to bring forth CAFTA, yet an- use to help kids go to college, what of my time. other misguided, misbegotten trade does it do? On Pell grants, we are told Mr. OBEY. Mr. Chairman, I yield my- agreement. The administration is by the College Board that the cost of a self 10 minutes. breaking arms and promising the Moon 4-year public university has increased Mr. Chairman, this bill is the clear- in order to get people to vote for that $2,300 during the last 4 years. What is est demonstration that I can think of amendment; and yet this bill cuts the our response to it? The President says, of what happens when Congress puts program that is supposed to be the well, we will fix the problem with a $140,000 tax cuts for people who make traffic cop that protects American hundred bucks add-on to Pell grant. $1 million a year or more ahead of our workers against having to compete That takes care of 4 percent of the investment needs in our children, against child and slave labor. It cuts problem. This bill cuts that to 2 per- ahead of our investment needs in our that program by 87 percent. I do not cent. It provides a measly $50 increase health care system, and ahead of sup- think that the American people would in the Pell grant program, and that porting programs that will help our agree with that. does not address the fact that because workers compete in world markets. This bill disinvests in job training the IRS has changed the eligibility ta- This bill, make no mistake about it, is and help for the unemployed. This bill bles there are going to be thousands a prescription for a second-class econ- for adult training grants is the lowest and thousands of kids who are tossed funding level in 10 years. It even cuts omy. off the program entirely. In fact, it is I know most of the discussion today the Job Corps below current services going to raise costs in my State by will be focused on public broadcasting. level. And if you take a look at the about $187 per student. I will be offering an amendment to add health care area, of the 11 programs So what I would say is that this is back $100 million that the committee that we had on the books to help us de- the main legislation we will deal with cut out. Previously in the committee, I velop the kind of health profession that this year that deals with the economic offered another amendment which we need, so that you have enough in and social problems of the country. added $400 million for this year’s fund- rural areas and enough in your major The main issue in this country the metropolitan areas, this bill cuts 10 of ing. We are simply trying to get it next 40 years is going to be how we those 11 programs. Only one is remain- back up to last year’s level. That is an gear ourselves up to economically com- ing, and 84 percent of that portion of important issue, and I hope that the pete with countries like China and the budget is gone. It also eliminates a House will vote for the amendment. India. We need to invest in all of the community access program that is a I want to make clear that even technology, all of the education that key program that helps deliver health though the press has focused 90 percent we can possibly invest in. This bill of its attention on public broadcasting, care services to the uninsured. National Institutes of Health. There walks away from that obligation, and in one sense that is fortunate because is not a politician in this House who that is why I say it is a prescription for at least the people who pay attention does not go home and tell your con- a second-rate economy. It walks away to public broadcasting do have a mega- stituents what you are doing on cancer from our obligation to workers, and we phone of sorts, and they can get their research or Alzheimer’s or Parkinson’s. will long regret it if we pass this bill. message known. I believe our amend- And what does this bill do? It means I would urge a ‘‘no’’ vote on the bill. ment today will pass, but even if it the National Institutes of Health are The problems with this bill have noth- does, I would hope that the Members of going to have 500 fewer grants to put ing to do with the gentleman from this House and the members of the out to scientists around the country Ohio (Mr. REGULA). He is a fine man press would understand that that is far than they had 2 years ago. We are and a fine chairman, but this bill im- from the most important issue in this backing off on the attack on disease. plements the Republican budget resolu- bill. Low Income Home Energy Assistance tion in the broadest possible areas in The most important thing about this program. That is a program that helps our economy and our country. It is a bill is what it does to hurt the future of low-income people and seniors avoid major social and economic mistake, our children, what it does to avoid having to choose between heating their and it certainly does not represent my meeting the needs of people in this so- houses and feeding themselves. The values, and I do not believe it rep- ciety who are sick and without health program is cut by $200 million. resents the values of the American peo- insurance, what it does to help our Education. Effectively, this is the ple. workers in the world economy. first freeze on education funding in a Madam Chairman, I reserve the bal- The distinguished majority leader in decade. This bill cuts No Child Left Be- ance of my time. discussing the budget resolution earlier hind programs by $800 million. You Mr. REGULA. Madam Chairman, I this year said this: ‘‘This is the budget have the mother of all mandates, tell- yield 3 minutes to the gentleman from the American people voted for when ing the States and school districts Oklahoma (Mr. ISTOOK), a very fine they elected a Republican House, a Re- what they must do here, what they member of our subcommittee. publican Senate and a Republican must do there. That costs money. But Mr. ISTOOK. Madam Chairman, I White House.’’ I quite agree, and this the Federal Government is welshing on want to congratulate the gentleman bill is also, unfortunately, the kind of its responsibility and on its promise to from Ohio (Chairman REGULA) for pro- bill that the American people are going help pay those costs. It is backing off. ducing a solid bill under very chal- to get because they voted for a Repub- On IDEA, the program that helps lenging circumstances; but rather than lican House, a Republican Senate, and local units, or local school districts, talking about the entirety of the bill, I a Republican White House. pay for educating disabled kids. What want to address myself to one par- Last year, the programs in this bill does this bill do for that? Well, the Re- ticular process. were $3.5 billion above the previous publican majority promised a few years During the amendment process, there year. This year, this bill in a program- ago that the Feds would pay 40 percent will be an amendment offered to add to-program basis cuts $1.6 billion from of the cost of that program. Today, more funding to public broadcasting. I these programs. this bill actually cuts the share of Fed- will oppose that amendment. Now, what does that mean? It means, eral participation from 18.6 to 18.2 per- We should recognize two things: first, for instance, that this bill even cuts cent of that program, welshing on an- Big Bird and his friends can fly on into the President’s signature pro- other promise. their own; and, second, Americans have grams in training, in health care and It freezes after-school centers for the access to a wide variety and multitude education. It cuts back substantially fourth year in a row. It slashes edu- of educational, cultural, and children’s the President’s recommendation for cation technology at a time when that programming that are provided by a community college skills, for commu- has never been more important. It vast variety of diverse networks that nity health centers and high school re- eliminates comprehensive school we have today. form. Let us take a look at what it grants for 1,000 high-poverty school dis- Public broadcasting has developed a does in other key areas of our econ- tricts by eliminating the program. It major base of private donors, corporate omy. freezes Impact Aid. donors and licensing fees and royalties

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He went on to say program or any station, because they product. He has done the best he could this: ‘‘I know that families are worried have ample resources already on hand with the resources that were given to about health care and retirement. And to make up that difference. him, and I congratulate him and thank I know moms and dads are worried Public broadcasters have accumu- him for that. about their children finding good jobs.’’ lated major financial resources, hun- b 1245 Yet, Madam Chairman, this bill dreds of millions of dollars that they eliminates 10 out of the 12 title VII Nor do I hold the gentleman from have invested in stocks, bonds and health profession training programs. California (Mr. LEWIS) responsible, but other securities, in addition to owning These programs help alleviate the I do hold responsible the policies that their broadcast facilities. In other shortage of doctors and dentists in un- have been adopted by the Committee words, Big Bird and his friends can fly derserved areas to meet that concern on Ways and Means, by the Committee on their own. But there is another fac- that he recognizes the American people on the Budget, and by this House. tor. have. Public broadcasting is not the only Madam Chairman, just 3 months ago the Republican majority leader, the This bill eliminates the Health Com- place to find education, cultural, his- munities Access Program which helps torical documentaries and children’s gentleman from Texas (Mr. DELAY) stood on this House floor and with health centers and public hospitals bet- programs. We have achieved variety ter serve the uninsured. This bill cuts and diversity, thanks to networks that great passion stated, ‘‘The one major responsibility of a government is to the Maternal and Child Health Block do not ask for Federal money. C–SPAN Grant program by $24 million. This bill carries the proceedings of Congress to protect the innocent, vulnerable peo- ple.’’ On that very same day in March, freezes after-school centers for the the world without a Federal subsidy. fourth year in a row. This bill provides We have the Discovery Channel, the the President of the United States stated, ‘‘The essence of civilization is only a half a percent increase, far less History Channel, Nickelodeon, the Arts than inflation, which means they will and Entertainment Network, Lifetime that the strong have a duty to protect the weak.’’ do less for the National Institutes of TV, Family Channel, Food Network, Health which researches the afflictions Science Channel, and so forth. I served under Bill Natcher from Ken- tucky who chaired this committee for which confront Americans, like heart We do not need a nationwide subsidy disease, cancer, and diabetes. either to reach a few targeted house- many years. He used to say as long as Madam Chairman, I have the utmost holds. I heard somebody say, well, we we take care of the education of our respect for those who speak about the need public broadcasting to provide TV children and the health of our people, culture of life. But we must ask, what for the poor. Let us understand what we will continue to live in the strong- about the culture of the living? What we call poverty in the U.S.A. is not est and greatest Nation on the face of about the people who are served by this like poverty in Bangladesh, the Sudan, this earth. But now the political party bill, who need this bill, whose quality Haiti or anyplace else. In the United that exploits every opportunity to talk of life is critically affected by this bill? States, not only does almost every about the culture of life, virtually ig- This bill is perhaps the most important poor household have a TV, but two- nores and dismisses what I call the cul- piece of domestic legislation that this thirds of them have cable television ture of the living: the innocent, the Congress considers every year. It is a with full access to a vast diversity of vulnerable, the weak, who are living, statement of national and moral prin- programs. breathing, members of the American ciple. But today it is nothing more It is getting harder and harder to dis- family. than Exhibit A for the Republican Par- tinguish public TV from the rest of Today, this bill demonstrates in con- ty’s culture of fiscal irresponsibility. broadcasting because other broad- crete terms how the Republican Par- casters, a great many, carry the same ty’s misguided, irresponsible tax and Mr. REGULA. Madam Chairman, I type of programs today, and each year budget policies have harmful con- yield 2 minutes to the gentlewoman public broadcasting looks more and sequences for so many living Ameri- from Connecticut (Mrs. JOHNSON). more like other networks. cans. Mrs. JOHNSON of Connecticut. Public radio has even moved away Just yesterday President Bush vis- Madam Chairman, I thank the gentle- from classical music and more toward ited my congressional district in Mary- woman for yielding me this time. talk radio that is common to the profit land. He stated, ‘‘I know some workers Madam Chairman, I rise to congratu- sector. Much of public TV has the same are concerned about jobs going over- late the gentleman from Ohio (Mr. movies and old TV shows that we see seas.’’ Yet this bill cuts job training for REGULA) and the subcommittee for on other networks, even as those other unemployed by $346 million. This bill doing a remarkable job in funding our networks are adding more documen- cuts the President’s community col- Nation’s education, health and work- taries and more special programs. lege skills training initiative in half. force priorities in a time of intense fis- Madam Chairman, as the gentleman This bill cuts the International Labor cal restraint. from Ohio (Chairman REGULA) has said, Affairs Bureau by 87 percent which This legislation includes in edu- we have higher priorities than sub- helps enforce child and slave labor cation: increased funding for special sidizing one segment of America’s abroad. funding, for No Child Left Behind, and broadcasters. The gentleman from Ohio Mr. President, you are not meeting for Head Start. It has a tremendous in- (Chairman REGULA) has made tough de- the concerns. He went on to say, ‘‘I crease in the Pell grant area which will cisions about those priorities, and we know some are concerned about gain- help our young people go to college, get should support his decisions. ing the skills necessary to compete in the education they need to succeed and Mr. OBEY. Madam Chairman, I yield the global market that we live in.’’ Yet contribute. It holds firm on TRIO and 5 minutes to the gentleman from Mary- this bill cuts No Child Left Behind by GEAR UP, so important to kids who land (Mr. HOYER), the distinguished mi- $806 million. This is $13.2 billion short are the first in their family to go to nority whip. of authorization and $40 billion short of college. So in education, while it does (Mr. HOYER asked and was given what the President said we were going not do everything, it does some impor- permission to revise and extend his re- to fund when he signed the bill. tant things for our children, and I marks.) This bill provides only a $50 increase thank the gentleman. I hope in con- Mr. HOYER. Madam Chairman, I in Pell grants, notwithstanding hun- ference we will find a little more addi- thank the distinguished ranking mem- dreds of dollars of increases in college tional money for title I, but this is a ber and congratulate him on the ex- costs. This bill cuts education tech- good start.

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It provides the sup- offering with the gentleman from Wis- ports language education for students in ele- port vitally needed for the important consin (Mr. OBEY) and the gentleman mentary and secondary schools. initiative to implant information tech- from Iowa (Mr. LEACH) to restore fund- The bill cuts the Maternal and Child Health nology in our health care sector, which ing to CPB. Block Grant, Healthy Start, training grants for is our best hope of both improving Madam Chairman, I also want to ex- health care workers and grants for public quality and reducing long-term costs, press my continued concern with the health and hospital preparedness, and elimi- and it provides the money needed for Weldon refusal clause provision in- nates $100 million for the Global Fund to fight the government to educate our seniors cluded in the bill. For over 30 years HIV/AIDS, Malaria and Tuberculosis. about the important, generous pre- there have been Federal laws which The bill cuts the Corporation for Public scription drug program that will go allow doctors, hospitals, and nurses to Broadcasting’s base account by $100 million. into effect January 1. I thank the gen- refuse to provide abortion services be- I hope that my colleagues will support an tleman for those very important edu- cause of their religious beliefs. How- amendment that I will be offering with Ranking cation dollars. ever, this provision extends that pro- Member OBEY and Representative LEACH to There are, of course, as always, areas tection to HMOs and insurance compa- restore funding to CPB. of concern. I hope that in conference nies. And just as the law protects reli- I’m also disappointed that when so many there will be more money for the Com- gious and moral objections to per- other programs faced the chopping block this munity Services Block Grant because forming medical services, it protects year, the bill provides a $10 million increase that is the critical, flexible money that patients’ access to accurate and com- for abstinence-until-marriage programs despite cities, particularly, use to fill the holes plete medical information when mak- mounting evidence of the scientific and med- in the safety net programs, to provide ing decisions about their health. The ical inaccuracy of their curricula and ineffective day-care for women returning to work, Weldon provision would unravel these results. We all agree that we must teach our and so on. protections. I want to make it very children that abstinence is the best way to In HCAP, I hope we will restore the clear that States that attempt to pro- prevent pregnancy and STDs. However, fed- funding and thoughtfully review some tect access to these health services can eral dollars should be invested only in pro- of the other problems in the bill. But be denied all of their Federal health, grams with strong evaluation components and this is a fine job done, and I commend education, and labor funding. I will those found to provide medically and scientif- the gentleman from Ohio (Mr. REGULA). ically sound information to young people. Mr. OBEY. Madam Chairman, I yield work to remove this provision from the Madam Chairman, I also want to express 3 minutes to the gentlewoman from final bill. Madam Chairman, this legislation my continued concern with the Weldon refusal New York (Mrs. LOWEY). Mrs. LOWEY. Madam Chairman, I has significant flaws. However, I hope clause provision included in the bill. For over want to express my appreciation as that as it moves through the process, thirty years, there have been Federal laws that well to the gentleman from Ohio (Mr. we can work together to make nec- allow doctors, nurses, and hospitals to refuse REGULA) and the ranking member, the essary improvements to the final meas- to provide abortion services because of their gentleman from Wisconsin (Mr. OBEY), ure. I will vote ‘‘no’’ today. religious beliefs. However, this provision ex- for their hard work in crafting this leg- Madam Chairman, I want to express my ap- tends that protection to HMOs and insurance islation. I know they did the best they preciation to Chairman REGULA and Ranking companies. could with the allocation, and this bill Member OBEY for their hard work in crafting And just as the law protects religious or does include many of our most impor- this legislation. moral objections to performing medical serv- tant priorities, from education funding This bill includes many of our most impor- ices, it protects patients’ access to accurate and worker training, to biomedical re- tant priorities—from education funding and and complete medical information when mak- search and public health activities, and worker training to biomedical research and ing decisions about their health. The Weldon impacts the lives of virtually every public health activities. The programs and poli- provision would unravel these protections, gut- American. cies in this legislation impact the lives of vir- ting the stipulations included in the Title X I am pleased that the bill makes sig- tually every American. family planning program which require that all nificant investments in preparing for I am pleased that the bill makes significant legal options are presented to a woman; deny- and responding to a potential pandemic investments in preparing for and responding to ing rape and incest survivors access to legal influenza outbreak, and restores fund- a potential pandemic influenza outbreak and abortion services; and overriding state con- ing to the TRIO and GEAR UP pro- restores funding to the TRIO and GEAR UP stitutional patient protections. States that at- grams, and partial funding to the Pre- programs and partial funding to the Preventive tempt to protect access to these health serv- ventive Health Block Grant. Health Block Grant. ices can be denied all of their federal health, However, because of this limited However, because of the limited budget al- education and labor funding. budget allocation, many important location many important needs will remain I will work to remove this provision from the needs will remain underfunded. For ex- under-funded. For example, final bill. ample, the bill provides the smallest This bill provides the smallest increase for Madam Chairman, this legislation has sig- increase for the National Institutes of the National Institutes of Health in 36 years, nificant flaws, however, I hope that as it Health in 36 years, squandering the mo- squandering the momentum we’ve built up moves through the process we can work to- mentum we built up in the 5 years over the last five years. gether to make necessary improvements to completed in 2003. And despite an aver- Despite an average 26 percent tuition in- the final measure. age 26 percent tuition increase in the crease in the last two years, the bill fails to I will vote ‘‘no’’ today. last 2 years, the bill fails to adequately adequately increase the maximum Pell grant Mr. OBEY. Madam Chairman, I yield increase the maximum Pell grant award and does nothing to stop the new finan- 3 minutes to the gentleman from Illi- award, and does nothing to stop the cial aid formula that severely impacts the abil- nois (Mr. JACKSON). new financial aid formula that severely ity of low-and-middle-income students to at- (Mr. JACKSON of Illinois asked and impacts the ability of low- and middle- tend college. These changes will affect more was given permission to revise and ex- income students to attend college. than 1.3 million students nationwide, including tend his remarks.) These changes will affect more than 1.3 4,600 students in Westchester County, New Mr. JACKSON of Illinois. Madam million students nationwide, including York. Chairman, I do not know what to say 4,600 students in Westchester, New The bill provides the smallest increase for about H.R. 3010. I know the gentleman York. elementary and secondary education in a dec- from Ohio (Mr. REGULA) and the sub- The bill provides the smallest in- ade and allows Congress to continue to re- committee staff did the best they could crease for elementary and secondary nege on its promise to fully fund special edu- under the circumstances. But to vir- education in a decade, allows Congress cation. And frankly, I was appalled that the tually eliminate title VII health pro- to continue to renege on its promise to majority chose to completely eliminate the For- fessions is draconian and unconscion- fully fund special education, IDEA. eign Assistance Language Program (FLAP). able.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.046 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5029 Since I started serving on this sub- should be ashamed of this budget that What does it say about a society that ap- committee almost 61⁄2 years ago, I have has produced the product that is before proves of tax cuts for millionaires instead of fought to end disparities, disparities in us today. trying to solve why babies of color die sooner? employment, disparities in education, b 1300 What does it say about a society that ap- and especially disparities in health. proves tax cuts for millionaires instead of try- Health disparities are real. If you are In Matthew 6:21, Jesus says, ‘‘For ing to solve what ails the weakest among us? black in this country, your life expect- where your treasure is, there will your Chairman REGULA, I know you and your ancy is 66 years. If you are white in heart be, also.’’ If this verse is true, staff were dealt a bad hand and did the best this country, your life expectancy is 74 what does it say about us, about this job you could under the circumstances, but we years. Infant mortality is twice as high Congress, about our government, that all should be ashamed of the budget that has for African American babies than white we pass a budget resolution every year produced the product before us today. babies. that spends almost half of our discre- In Matthew chapter 6, verse 21 , Jesus said, Fortunately, institutions like the In- tionary dollars on defense and hun- ‘‘For where your treasure is, there will your stitute of Medicine and the National dreds of billions on all kinds of tax cuts heart be also.’’ If this verse is true, what does Academy of Sciences have laid out a for the most well off? it say about us, about Congress, about our Madam Chairman, I encourage my framework on how to end these dispari- government that we pass budget resolutions colleagues to vote against this bill. In ties. One of the recommendations of each year that spend almost half of our discre- good conscience, none of us should sup- the IOM was to increase the number of tionary dollars on defense, and hundreds of port H.R. 3010. health professions, and this bill vir- billions on all kinds of tax cuts for the most Madam Chairman, I don’t know what to say tually does the opposite. It essentially well off. I have a masters in theology from the about H.R. 3010. I know Chairman REGULA eliminates health professions, a cut of Chicago Theological Seminary and have read and his subcommittee staff did the best they my bible from cover to cover, and nowhere $250 million. could under the circumstances, but to virtually I think a society says a lot about the does it say, ‘‘only clothe the naked and feed eliminate Title VII Health Professions I think is way it treats the weakest and most the poor if it fits into your annual budget reso- draconian and unconscionable. vulnerable of its citizens. I believe we lution.’’ Noblesse oblige, Madam Chairman. Since I started serving on this subcommittee In 1984, referring to Marxist-ruled Ethiopia, live in a ‘‘united’’ States, and like a almost six-and-a-half years ago, I have fought chain, we are only as strong as our President Ronald Reagan said, ‘‘a hungry to end disparities—disparities in employment, child knows no politics.’’ I would also add that weakest link. By leaving some of our disparities in education and especially dispari- citizens behind, we prove that we are a hungry child, or a sick child, doesn’t know a ties in health. 302(b) allocations from a point-of-order.’’ All not strong and compassionate, but Health disparities are real. If you are black weak and uncaring. he knows is that he is hungry or sick. in this country, your life expectancy is 66 Every day I am proud to say I am a Member There is a phrase that former Labor- years. If you are white in this country, your life HHS Chairman Porter was fond of say- of the United States Congress. Since Decem- expectancy is 74 years. Infant mortality is ber 1995, I have gone home every night and ing, ‘‘Noblesse oblige,’’ the belief that twice as high for African American babies than the wealthy and privileged are obliged held my head high knowing I worked to im- for white babies. prove the lives of all Americans. Tonight I will to help those less fortunate. In Luke, Fortunately, institutions, like the Institute of chapter 12, verse 48, Jesus simply says, not be able to do that. Medicine of the National Academy of Madam Chairman, fellow Members of the ‘‘To who much is given, much is ex- Sciences, have laid out a framework on how House, I have dedicated my service on this pected.’’ to end these disparities. One of the rec- subcommittee to ending disparities in health, We are the wealthiest country in the ommendations of the IOM was to increase the education and employment. This bill will only world. We spend more money on our number of health professions. This bill does increase them. In good conscience, I cannot military than the entire world com- exactly the opposite. It essentially eliminates support H.R. 3010. bined, with the sole mission of pro- health professions—a cut of $250 million. Mr. OBEY. Mr. Chairman, I yield 3 tecting this country and advancing I think a society says a lot by the way that minutes to the distinguished gen- U.S. interests, interests which should it treats the weakest and most vulnerable of its tleman from Rhode Island (Mr. KEN- include a high-quality education and citizens. I believe we live in a ‘united’ states, NEDY), also a member of the sub- high-quality health care for every and like a chain, we are only as strong as our committee. American. weakest link. By leaving some of our citizens Mr. KENNEDY of Rhode Island. Mr. I keep hearing members of this com- behind, we prove that we are not strong and Chairman, I want to thank the chair- mittee and the House leadership say compassionate but weak and uncaring. man and ranking member for giving me that this is a tight budget year. Well, There is a phrase that former Labor-HHS the opportunity to serve on this com- this tight budget year did not occur be- Chairman PORTER was fond of saying, ‘‘No- mittee and to work with them on so cause of immaculate conception. Con- blesse oblige’’, the belief that the wealthy and many of these important issues. I know gress voted to make it a tight budget privileged are obliged to help those less fortu- this would be a different bill if the year. Congress approved the budget nate. In Luke, chapter 12, verse 48, Jesus budget had provided the gentleman resolution. Saying it is going to be a simply says, ‘‘To whom much is given, much from Ohio more dollars to work with. I tough budget year is like a farmer say- is expected.’’ just want to explain some of the things ing he is going to have a bad harvest We are the wealthiest country in the world. that this bill does that will impact my because he did not plant any seeds. We spend more money on our military than State of Rhode Island. Madam Chairman, when Congress ap- the entire world combined with the sole mis- In the area of education, the Leave proved the budget resolution, we did sion of protecting this country and advancing No Child Behind Act is crushing each not plant any seeds. Nothing will grow U.S. interests. Interests which should include and every one of our communities be- this year. This is not a natural disaster a high quality education and high quality cause it is driving our property taxes like a drought. This is a disaster of our health care for all Americans. up. All of our local school committees own making. I keep hearing members of this committee are in an outrage because of the Leave What does it say about a society that and House leadership say that this is a tight No Child Behind and we do not prop- approves tax cuts for millionaires in- budget year. Well this tight budget year did erly fund it. stead of trying to solve why babies of not occur by immaculate conception. Con- In IDEA, Rhode Island is the number color die sooner? What does it say gress voted to make it a tough budget year. one State in the country with the most about a society that approves tax cuts Congress approved the budget resolution. kids in IDEA, so the cuts to IDEA will for millionaires instead of trying to Saying it is going to be a tough budget year obviously affect us disproportionately. solve what ails the weakest amongst of is like a farmer saying he is going to have a And, Mr. Chairman, we also have the us? bad harvest because he didn’t plant any case of military families. Rhode Island Madam Chairman, I know the gen- seeds. Madam Chairman, when Congress ap- is home to the Navy. We have many tleman from Ohio (Mr. REGULA) and proved the budget resolution we didn’t plant families from the Navy, children, and the subcommittee staff were dealt a any seeds. Nothing will grow this year. This is they do not get the Impact Aid dollars bad hand and did the best job they not a natural disaster like a drought. This dis- that they need to properly get a decent could under the circumstances, but we aster was of our making. education.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.045 H23JNPT1 H5030 CONGRESSIONAL RECORD — HOUSE June 23, 2005 As has been said before, child labor are clear expressions of the values of cation. On Pell grants, for the last 3 has not been properly funded. Actually the majority party and the White years, the Republican majority has it has been cut by 87 percent, inspec- House, but they are clearly not the ex- proposed to freeze Pell grants. If the tions. Medical research has gone up pression of the values of this country. Republican proposals in fiscal year 2006 less than it has in 32 years. This country believes in moving for- are adopted, the purchasing power of But let me also, to the credit of ward and investing in its future. It be- Pell grants will continue on a down- Chairman REGULA, point out some of lieves in having education for its chil- ward spiral. the good things that the bill does. The dren, opportunity for everyone, health The plain fact is yes, the money went bill does restore money for elementary care. up for education because Democrats school counseling and the foundations We are cutting to the bone. This is dragged the Republican Party, kicking for learning, both of which are pro- not a debate about cutting waste and and screaming, to those higher num- grams that help deal with the emo- fraud. This is a decision that has been bers. So I am glad the Republicans are tional needs of our young people. In the made to give enormous amounts of now trying to take credit for some- area of mental health, the seniors men- money back to people that are already thing they were pushed into. It does tal health program has been restored, very, very wealthy; and the choice was not matter who gets the credit so long the child mental health block grant to get that money to cut into edu- as the school districts get the money. has been restored, and the youth sui- cation, not to fund No Child Left Be- Mr. Chairman, I yield the balance of cide are restored. Suicide is twice the hind, not to fund community health my time to the gentlewoman from rate of homicide in this country. In the clinics, not to fund job training pro- California (Ms. PELOSI), the minority next year, we will lose 1,400 young peo- grams, not to fund those things that leader. Ms. PELOSI. Mr. Chairman, I rise in ple in our colleges and universities to make this country strong and give us a reluctant opposition to this bill. I say suicide, and I am glad that those dol- promise for opportunity and pros- reluctant, because I along with many lars have finally been restored in the perity. of my colleagues in the House have a budget. They should have never been This is the wrong way for us to go. proud tradition of supporting it. cut by the President in the first place. The American people understand that Finally, I am glad that this budget I salute the distinguished chairman this majority is not talking to the of the Labor, Health and Human Serv- includes dollars to fund health infor- issues that matter most to them. The mation technology. We lose 98,000 peo- ices and Education Subcommittee. The issues that matter for them are the fu- gentleman from Ohio follows a tradi- ple every year of preventable medical ture of this country and not just arbi- errors because providers do not have tion of excellence on both sides of the trarily giving money back to people aisle in the leadership of this com- the information that they need at the who, frankly, have not asked for it and point of service to give the best quality mittee. Before him, our committee was do not need it. At a time when our led by John Porter of Illinois who care that they can provide, and I am country is stretched, there is a need of glad that we provided money in this acted in a very bipartisan way address- making sure that we have a competi- ing the needs of America’s families. Be- bill to enable those providers to make tive strategy. Other countries are mov- those proper decisions and to save lives fore that, the gentleman from Wis- ing forward. We need to get even, move consin (Mr. OBEY) chaired the com- in our country. ahead, and do what this country is ca- Mr. OBEY. Mr. Chairman, I yield 1 mittee. Before that, Mr. Natcher who pable of doing, and that is lead. minute to the distinguished gentleman chaired it for a long time. Mr. Natcher Mr. OBEY. Mr. Chairman, I yield my- again acted in a very bipartisan way. from Oregon (Mr. BLUMENAUER). self 2 minutes. Mr. BLUMENAUER. I appreciate the He used to say of this bill, this is the I just want to address one issue be- gentleman’s courtesy. people’s bill. He knew full well that cause it has been raised twice on the Mr. Chairman, I listened to my friend this is the one piece of legislation that from Oklahoma talk about public floor today, Mr. Chairman. The argu- addressed the aspirations of the Amer- broadcasting, flush with money, lots of ment our friends on the majority side ican people, that tried to allay the con- other free choices, and that the quality make is that we should be happy be- cerns that kept them up at night, the of public broadcasting does not distin- cause the education budget has gone up economic security of their families, guish it from others. I would suggest considerably since they took over con- meaning the security of their jobs, the strongly that he and anybody else who trol of Congress. security of their pensions, the health is confused about this go check with Let me point out what the record of and well-being of their families as well, the people back home. They would be the majority party has been on edu- and, of course, the education of their foolish to eliminate their assets, most cation. When the Republicans took children, our investment in America’s stations are not flush in the first place. control of the Congress, they did so future. Asking them to eat their seed corn to with the promise to abolish the U.S. So it is very sad to see the place that continue operations would be criminal. Department of Education. Their first we are today. And why are we here? We And if you are confused about the act was to rescind $1.8 billion in fiscal are here because a very, very skimpy, quality, watch it. Nobody has any dif- year 1995 in education funding. In the in terms of investments in America’s ficulty telling the difference between next year they tried to do the same to future. And generous in terms of tax the commercial opportunities and the the tune of $3.7 billion. In the 7 years cuts for the wealthiest Americans, high quality that is offered by public between 1995 and 2001, each of the budget placed us in a place where the television. The number does not equal Labor-Health bills passed by the House allocation for this subcommittee was quality, and even the good commercial Republicans was below President Clin- one that made decisions very difficult. efforts are a pale imitation of the ton’s request for education. The net re- We say of this bill that it is ‘‘lamb eat award-winning opportunities that are sult is that there would have been lamb.’’ There is no way you can go into given to us by public television. But nearly $19 billion less spent on edu- the bill and say, well, if we want to most critically, are the offerings for cation between 1995 and 2005 if we had spend more money on education, we children. Look at what is on television enacted the Republican Labor-Health will just take it out of what? Children’s every day, all day long, for kids in the bills into law. health? Pension security? There is no commercial arena. Then compare it to Title I. If Congress had approved the good place to take money from in order public broadcasting, and I do not think House Republican Labor-H bills, we to try to improve the situation or miti- anybody would agree with my friend would have spent $2.8 billion less than gate for the damage that has been from Oklahoma. we actually spent. After-school cen- caused by the cuts. Imagine, as our Mr. OBEY. Mr. Chairman, I yield 1 ters. If the Congress had approved the population growing and with inflation, minute to the gentleman from Massa- House Republican Labor-H bills, we this bill is about $6 billion effectively chusetts (Mr. TIERNEY). would have spent $516 million less for in cuts over last year; and, without Mr. TIERNEY. I thank the gen- after-school centers. Special education. even those considerations, $1.6 billion tleman for yielding me this time. If Congress had approved the House Re- over fiscal year 2005. Mr. Chairman, I think that this publican Labor-H bills, we would have Economists will tell you, and we all budget as well as these spending bills spent $2.7 billion less for special edu- know just because we can observe it

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.056 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5031 ourselves, that one of the best invest- nosis or learning of an accident, which ally disadvantaged children achieve the same ments we can make for America’s fu- necessitates research at the National high standards as all other students, are in- ture, for America’s competitiveness Institutes of Health. creased in this bill by $100 million over last and for the self-fulfillment of the And yet we are shortchanging the year, bringing the total funding to $12.7 billion. American people and our children is National Institutes of Health, which However, Title I funds for Bridgeport, Con- our investment in education. In fact, also has a pragmatic, practical aspect necticut, will be cut this year for the fourth economists will tell you that nothing to it because, in order to be preeminent year in a row under NCLB. According to the brings more money back to the Treas- and excellent in science, we must be Department of Education, Bridgeport will re- ury or grows the economy more than number one; and we cannot be number ceive $678,000 less in Title I funds for the the education of the American people, one if we must compete with a short- next school year, going from $13.7 million to early childhood education, K–12, higher changed budget for the National Insti- just over $13 million, and down from a high of education, postgraduate and lifetime tutes of Health. The list goes on, these $14.8 million in 2002. learning for our workers. All of that is disparities, whether we are talking I voted for NCLB. I support this legislation considered in this bill. All of that is about the cut in the bill that trims 84 because it is a monumental step forward for shortchanged in this bill. percent, or $252 million taken from the American public education. I also believe For one example, No Child Left Be- health professions training. NCLB grants unprecedented flexibility to local hind legislation. By the President’s This is one place where we can ad- school districts, demands results in public edu- own legislation, not my figure, Presi- dress health disparities in our country cation through strict accountability measures, dent Bush’s figure, this bill for the because by doing this, we will reduce empowers parents and provides a safety valve fourth year straight cuts No Child Left the number of minority students who for children trapped in failing schools. Behind in terms of the authorization. can enter the health professions. We It is hard for me to fathom, however, that We are now $40 billion in shortchanging will reduce the number of students, while we have increased funding for Title I by No Child Left Behind, leaving millions medical students, who will become pri- 52 percent since 2001, Bridgeport, one of the of children behind. How can that be mary care physicians. We will reduce most disadvantaged school districts in the right? And children in title I, children the number of physicians who will be country, has received a cut of $1.8 million. I who need special help in terms of read- able to attend to the health needs of believe the law should make sense. The spirit ing, many of these children, 3 million rural America, which is a very impor- of the bill is to provide funding to the neediest of these children will not get help with tant aspect of the life of our country. districts, and, quite frankly, cutting Bridgeport reading and math that they were prom- The bill cuts funding for the Corpora- funding does not seem to reflect that intention. ised because this bill gives it $9.9 bil- tion for Public Broadcasting, we all While I realize it is not necessarily within the lion less than it deserves. know, by $100 million. It underfunds purview of this committee, I believe the for- Remember, these are investments. Head Start; freezes child care moneys; mula needs to be fixed. How are they paid for? They pay for fails to raise the Pell grant by $100, as Mr. SIMMONS. Mr. Chairman, I rise today in themselves because they return to the promised; freezes funding for most strong support of the Community Services Treasury more than any tax cut and Ryan White programs to combat AIDS; Block Grant (CSBG) program. any kind of tax credit, any other in- and slashes the Community Services The Community Services Block Grant pro- strument you can name. Educating the block grant in half. The list goes on vides the core funding for our local community American people is a very wise invest- and on. That is opposed to what this action agencies, allowing them to address the ment. committee used to do and what this problems that leave individuals in poverty. The list goes on about the problems bill used to do. Through job skills and employment pro- with the underfunding in terms of edu- In the late 1980s and the 1990s, espe- grams, through educational opportunities for cation. But the point to be made is in cially in the 1990s, this subcommittee young children like Head Start, and through these cases, we have given the States a rose to the challenge of HIV/AIDS as it nutritionally sound programs like WIC, commu- mandate to do a particular job, to re- was making its assault on our country, nity action agencies work to make their com- form education, and we have fallen $40 with increasing the research, care, and munity a better place to live and to offer op- billion short in the money to match prevention program initiatives in the portunities for the economically disadvantaged the mandates. No wonder people are bill. It has risen to the occasion by in- to be successful and break the chains of pov- squawking about No Child Left Behind. creasing funding drastically for breast erty. The money was not there to match the cancer research and prostate cancer re- This Congress has continually demonstrated mandate. search and the rest. And now what are its support for CSBG. In fact, the Conference And then on the issue of health care, we doing but effectively giving a cut to Agreement on the FE 2006 Budget Resolution there are so many examples of where the National Institutes of Health. added $600 million to maintain CSBG funding this bill falls short. I will just focus on No bill better illustrates, I think, at its current level and the letter I circulated one, the National Institutes of Health. how America is great, because America with my colleagues, Representatives PHIL Many of us were part of the challenge is good, than this bill, Labor, Health ENGLISH (R–PA) and BRIAN BAIRD (D–WA) in to double the National Institutes of and Human Services, and Education, support of level funding for CSBG garnered Health funding through the nineties. It because we met the needs of the Amer- 122 bipartisan signatures. seemed like a big task. We were deter- ican people. We did before, but not Yet the bill we are considering today cuts mined to get it done. We realigned our today. No bill illustrates how out of CSBG funding in half. At a time when de- priorities so that it would happen. We touch our budget priorities are, how mands on our community action agency serv- had a cooperative President in the completely out of touch the Repub- ices from the working poor, older Americans, White House, and it has happened. licans are in terms of meeting the and families struggling with unemployment needs of the American people. The bill continue to increase, it is essential that Con- 1315 b should be about crucial investments in gress maintain its commitment to CSBG. But now in this bill, it will receive the future of America. They are grossly In my home state of Connecticut, this 50% the lowest increase, .05 percent; but underfunded. reduction in funds to CSBG will result in a se- that represents a cut when we take Mr. Chairman, this bill does not meet rious reduction of social services to our most into consideration inflation, and what the needs of America’s children. It does vulnerable communities, reduction in services it translates to is over 500 grants, since not meet the needs of America’s work- assisting families moving from welfare to work, 2 years ago, 500 fewer grants will be ers. It does not meet the needs of and will seriously impact our community action able to be made. America’s seniors. It does not deserve agencies’ ability to leverage other community People look to the National Insti- our support. dollars. The Thames Valley Council for Com- tutes of Health with almost a reveren- Mr. SHAYS. Mr. Chairman, I would like to munity Action in New London County, for ex- tial approach. They have the power to state my concern with the manner in which ample, generates and leverages $27 in other cure. Research is the answer for so Title I funds for No Child Left Behind are dis- resources for every $1 funded under CSBG. many families in America. Every one tributed. Mr. Chairman, it is clear the CSBG dollars of us, every family, is just one tele- Title I, the funds meant to provide aid to are a smart investment for this Congress and phone call away from receiving a diag- states and school districts to help education- are essential to our nation’s most vulnerable

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\CR\FM\K23JN7.118 H23JNPT1 H5032 CONGRESSIONAL RECORD — HOUSE June 23, 2005 citizens. While my colleagues and I intend to ment of Education Raymond Simon, and with be able to communicate fully with their withdraw our amendment today, I thank the the National Education Association. healthcare provider—the health professions distinguished Chairman for the opportunity to Last week I received a letter from Deputy programs that are key to eliminating health debate this important issue here today and I Secretary Simon which reads in part ‘‘to en- care disparities are decimated. look forward to working with him to increase able the Department to enforce these two re- It appears we don’t understand or don’t care funding through the remainder of the legisla- quirements in an efficient, effective and coordi- that the African American community which is tive process. nated manner, the Department will align the so devastated by HIV/AIDS has to have the Mr. SHAYS. Mr. Chairman, I rise to state paraprofessional timeline with the teacher resources itself to reverse its toll. my opposition to the extension of the refusal timeline.’’ I will include the entire letter for the And we obviously don’t care that an ounce clause provision. RECORD. of prevention is worth a pound of cure. This The refusal clause exempts health care I want to thank the Department of Edu- country would rather neglect prevention and companies from any federal, state or local cation, Dep. Sec. Simon, chairman of the Edu- early care in favor of the high tech, more ex- government law that ensures women have ac- cation and Workforce Committee John pensive treatments that come too little and too cess to reproductive health services, including Boehner and the staff, particularly, Sally late if at all to the poor, the rural, the people information about abortion. Lovejoy and the National Education Associa- of color to make a significant difference. If extended, this provision will continue to tion for working to resolve this oversight in a But that is fully in keeping with why we are have many negative effects by overriding fed- quick and efficient manner. where we are in this bill in the first place. This eral Title X guidelines that ensure women re- U.S. DEPARTMENT OF EDUCATION, is a country that prefers to have the poor and ceive full medical information. A fundamental June 15, 2005. the middle class citizens bear every burden principle of Title X, the national family planning Hon. MIKE SIMPSON, from war to illness to environmental pollution, program, ensures pregnant women who re- House of Representatives, just so the richest people in this country can quest information about all their medical op- Washington, DC. get richer. DEAR CONGRESSMAN SIMPSON: Thank you What have we come to? We reject the tions, including abortion, be given that infor- for your recent questions about the time mation, including a referral upon patient re- crumbs from the table of the rich. We want frame within which all paraprofessionals what we deserve, good health a decent edu- quest. working in Title I-funded programs must I am also concerned this bill does not in- meet certain qualifications. cation and the opportunity for a good job with clude an increase in funding for Title X. Each The relevant qualifications and time frame a living wage. year approximately 4.5 million low-income for paraprofessionals are detailed in section Apparently the White house and the Repub- women and men receive basic health care 1119( d) of the Elementary and Secondary lican leadership which has pushed this appro- through 4,600 clinics nation wide that receive Education Act (ESEA), as amended by the priation to the floor doesn’t think so. No Child Left Behind Act of 2001 (NCLB). In The culture of life they talk about apparently Title X funds. This program reduces unin- general, this section states that all Title I does not extend past birth. tended pregnancies and makes abortion less paraprofessionals hired before enactment of I urge my colleagues to vote no on this, to necessary. Had funding for Title X kept pace NCLB must demonstrate competency by no do whatever we can to block the tax cuts and with inflation since 1980, with no additional in- later than four years after the law’s enact- to take our country back. creases, it would be funded today at double its ment, i.e., January 8. 2006. As you may know, the ESEA permits all Let’s really fund a culture of life by rejecting current budget. the tax cuts in favor of sharing the burdens While Title X is receiving flat funding from veteran teachers of core academic subjects to have until the end of the 2005–2006 school and the bounty, and really have a budget that last year, the Labor, Health and Human Serv- year to demonstrate that they meet the re- supports life. ices and Education Appropriations Act of 2006 quirements of NCLB; yet, as mentioned Mr. GENE GREEN of Texas. Mr. Chairman, gives abstinence-only sex education programs above. Title I paraprofessionals have only I rise today to address something of great an increase of $11 million, to an all time fund- until January 8, 2006–the middle of the concern to the tens of thousands of students ing high of $168 million. Unlike Title X, absti- school year. We agree that it is unusual to of all ages in my district: the need for more re- nence-only programs do not provide clinical have a deadline in the middle of the school sponsible funding for education. health services. year, and believe that the paraprofessional and highly qualified teacher provisions The President’s budget would have elimi- Additionally, research shows comprehensive nated over 50 programs that benefit students. sex-education programs, which teach both ab- should be consistent. The Department will continue to be supportive of States, school Unfortunately, the President called for the stinence and contraception, are the most ef- districts and schools, in implementing these elimination of programs such as TRIO, GEAR fective. There is no federal program that ear- particular requirements. UP and the Perkins program. marks dollars for comprehensive sex edu- You have suggested that the timeline for I was shocked to find these programs on cation. Title I paraprofessionals be consistent with the President’s chopping block because they I support a woman’s right to choose whether the timeline for teachers. Your suggestion is benefit the students who come from lower in- to terminate a pregnancy subject to Roe v. reasonable and practical. Therefore, to en- come families and are trying to be the first able the Department to enforce these two re- Wade, but we can all recognize the impor- person in their family to go to college, and in tance of preventing unintended pregnancies. quirements in an efficient, effective and co- ordinated manner. the Department will align some cases, to graduate from High School. Abortion is a very personal decision. While the paraprofessional timeline with the I commend Chairman LEWIS and Ranking a woman’s doctor, clergy, friends, family and teacher timeline. Member OBEY for agreing to keep these pro- public officials may have an opinion, the ulti- Thank you again for contacting me. grams so that many more students can mate decision rests solely with her. It is vital Sincerely, achieve their goals of getting a good edu- for every woman to have access to as much RAYMOND SIMON. cation. information as she needs in order to make this Mrs. CHRISTENSEN. Mr. Chairman, this While I’m glad to see TRIO and Perkins pro- decision. LHHS appropriation bill not only undermines grams in this bill, it still does not do enough I oppose these provisions and encourage what would otherwise be our nations greatest for students in districts like mine. Enrollment my colleagues to do so as well. resource, its people, but as a document is not rates are increasing in our area and through- Mr. SIMPSON. Mr. Chairman, there was an worthy of what I believe this country stands out the country. Yet we increase funding for oversight in the No Child Left Behind Act, for. education to a level that can not begin to meet NCLB required teachers to meet their states As a matter of fact, as I look at what the that need. Every Congress, we shrink the highly qualified teacher requirement by the Republican leadership lays out in this budget, amount of funding increases to education. end of the 2005–2006 school year, about a I just don’t know any more what we as a Na- This time, we’ve brought it to a new low by year from now. Paraprofessionals were re- tion stand for. raising our education funding by 3.6 percent. quired to meet their requirements four years We obviously don’t stand for equal and the Under this bill, Title I funding is increased by after enactment of NCLB. That would be Janu- best health care for every American, when you $1 billion. The thousands of students who ary 8th of next year, halfway through the look at the imposition of an 11.9% cut in the benefit from Title I funds will greatly appreciate school year. Everyone agrees that it was an programs of the Health Resources and Serv- this increase. However, this is still $7 billion oversight and that these two dates should be ices Administration and the elimination of Sick- short of what is authorized for Title I under No aligned. I discussed various ways to fix this le Cell programs, Universal Newborn Hearing, Child Left Behind. oversight with the Education and Workforce and Emergency Medical Services for Children. I support the efforts the committee has Committee Chairman Boehner and the staff, We also don’t believe that in this increas- made to restore the TRIO and Perkins pro- with the Deputy Secretary of the U.S. Depart- ingly diverse country that our residents should grams and increase Title I funds. We should

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 9920 E:\CR\FM\A23JN7.052 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5033 always do our best to fully fund these initia- ame Street, and is a valuable source for reli- eliminated by the $88.8 million cut, again with tives. This bill falls short of what we should be able news programs for millions of Americans. no explanation from the committee. The aim of investing in education. By cutting funding for CPB, we are weak- this program is to improve access to quality Ms. WOOLSEY. Mr. Chairman, I rise in op- ening our strongest source of unbiased, di- health care through the appropriate prepara- position to a bill that does not value America’s verse, educational and cultural programming. tion, composition and distribution of the health children and families. In short, this bill is a step backward—a step professions workforce. The program empha- The average American wants Congress to we can’t afford. sizes diversity, distribution and the quality of do more to ensure that our children receive In his new book, ‘‘The World is Flat,’’ the the health professions workforce as a means the help they need to succeed in school and New York Times’ Thomas Friedman explains of improving access to care. Grants for train- in life. that America’s historical economic advantages ing in primary care medicine and dentistry Instead, this bill implements a budget that have disappeared now that ‘‘the world is flat, support academic administrative units, resi- values tax cuts for the wealthiest Americans and anyone with smarts, access to Google dency training, pre-doctoral training, faculty more than it values education for the least and a cheap wireless laptop can join the inno- development, physician assistants, and gen- wealthy Americans. vation fray.’’ eral and pediatrics dentistry program areas. In 2001, Congress passed the No Child Left Mr. Friedman’s and others’ remedy is to ‘‘at- Like the previous two programs eliminated, Behind Act. We and the President agreed, or tract more young women and men to science this program specifically aims at increasing at least I thought we did, that Federal edu- and engineering.’’ underrepresented minorities in healthcare pro- cation policy must include both reforms and But, it will be impossible for our country to fessions with a focus on meeting the in- resources. continue to lead the world in innovation as creased demand for primary care physicians I strongly support NCLB’s goals, although long as Congress and the President choose and health care providers. as we move forward, I want us to look closely tax cuts for millionaires over investment in Overall, these programs are vital to meeting at what needs to be done to make it work education. the needs of underserved communities in my best. Mr. Chairman, that choice does not reflect district as well as those all around America. But, I can tell you right now that one thing the values of the people in my district, nor do Eliminating their funding will create more holes that needs to be done is to keep the promise I think it reflects the values of most Ameri- in an already fragmented and fractured that Congress and the President made to the cans. healthcare system. As the number of unin- American people to fully fund NCLB. And so, I ask my colleagues to join me in sured and underinsured Americans continues Yet, not only would this bill provide $13 bil- opposition to this bill. to rise, a greater number of health profes- lion less than was promised for NCLB for this Mr. DAVIS of Illinois. Mr. Chairman, H.R. sionals will be needed to meet their demands. year, it would actually cut funding for NCLB 3010 falls far short of helping rectify many of Cutting funding that would increase the num- compared to last year. the problems facing our Nation’s and specifi- Over 4 years, this Congress has under- bers of these health professionals is not in the cally, my constituents’ healthcare needs. best interest of our constituents that are in funded NCLB by more than $40 billion. There are a number of areas of this appropria- This bill would increase funding for Title I by need of increased access, quality profes- tions bill that will have a significant impact on sionals, and overall better care. less than 1 percent, at a time when we need the future of healthcare delivery for the under- to do more than ever to close the achievement Mr. FRELINGHUYSEN. Mr. Chairman, I rise served communities of this country. As the in support of H.R. 3010, the Fiscal Year 2006 gap not only within our country, but between number of uninsured and underinsured con- our country and many of our economic com- Labor HHS Appropriations Act. tinues to rise, the government programs which This bill contains funding for many important petitors around the world. act as a safety net continue to be challenged It would freeze funding for teacher training, programs to protect our working men and to provide more care with less funding. While women, provide for the education of our Na- even as we face a looming teacher shortage— the President and his administration support and we know that the most important factor in tion’s children, and support healthcare needs. the funding of Community Health Centers, Specifically, I want to commend Chairman child’s education is a good teacher. CHCs, the implication of the funding shortfall It would freeze funding for after-school cen- REGULA and the Appropriations Committee for with regards to the training of health care pro- ters, even though last year we were only able working with me to include increased funding fessionals is that there will be a lack of future to fund 38 percent of applications. in this bill to ensure that our country is better And this bill would cut funding for education physicians and health care providers to staff prepared against the emerging threat of a technology by 40 percent, even as technology these very centers. pandemic influenza. As the chairman noted so becomes more and more important to learn- Specifically, three HHS programs targeting eloquently in his opening statement, this bill is ing. underrepresented minorities in the healthcare about setting priorities and the chairman has Another area in which this bill would do less professions have been completely eliminated rightfully focused increased resources on this is special education. by this bill with no explanation from the com- very real threat to our Nation’s health and se- I think every member knows that in 1975, mittee. This evisceration totals $158 million curity. Congress and the President promised to fund that would otherwise directly lead to underrep- The chairman has rightfully included in this 40 percent of schools’ special education costs. resented minorities entering healthcare profes- bill $530,000,000 for the Strategic National Last year, 30 years after we passed the Indi- sions and potentially serving the very commu- Stockpile, which is $63 million above the 2005 viduals with Disabilities Education Act, we nities they grew up in and are hurting the most funding level to expand our Nation’s strategic funded only 19 percent of those costs. Under from the lack of access. The ‘‘Centers of Ex- national stockpile of antiviral treatments as this bill, that percentage would go down to 18 cellence’’ program, which last year contributed well as $120 million to ensure a year-round in- percent. That’s what this bill does—or more $33.6 million to health professions schools fluenza vaccine production capacity in the accurately, doesn’t do—for elementary and with significant minority enrollment, will no U.S. and the development and implementation secondary education. longer exist under this appropriations bill. In of rapidly expandable influenza production For younger children, even though we’re my district, the University of Illinois at Chicago technologies. only serving about half of the children who are has benefited from this program and stands to The avian flu is a huge health risk and na- eligible for Head Start, this bill would increase lose necessary funding to train a greater num- tional security concern that we cannot ignore. funding by less than 1 percent. ber of minority students. The Centers for Disease Control and U.S. And for college students, it would provide The ‘‘Health Careers Opportunity Program,’’ Department of Health and Human Services only a $50 increase for Pell grants, even HCOP, is also effectively eliminated by the have both acknowledged that the avian flu is though tuition at the average public college $35.7 million cut from last year’s funding again a leading and quickly emerging threat to our has gone up by $2,300 since 2001. with no explanation from the committee. This population and that of other nations. Finally, this bill would make drastic cuts to program strives to build diversity in the health Currently, the avian flu is very contagious the Corporation for Public Broadcasting, which professions by developing a more competitive among birds, including chickens, ducks, and does so much to promote a diverse and free- applicant pool. The program provides students turkeys. It is believed that most cases of this thinking society. from disadvantaged backgrounds an oppor- flu in humans has resulted from contact with Public broadcasting provides forums for tunity to develop the skills needed to success- sick birds. many voices that otherwise would not be fully compete for admission to and graduation Health experts warn that a global pandemic heard. from health professions schools. could occur if avian flu eventually undergoes It provides our children with the best edu- Lastly, the ‘‘Training in Primary Care Medi- genetic changes, making it easily contagious cational programs on television, such as Ses- cine and Dentistry’’ program is effectively among humans. Such an event could create a

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global pandemic, resulting in the deaths of braska we have no mass transit system, this GRANGER and ROSA DELAURO and introduce hundreds of thousands of people in the U.S. young mother was referred to Blue Valley H.R. 1245, ‘‘the Gynecologic Education and and worldwide. Community Action Crisis Intervention. There, Awareness Act of 2005,’’ which has 193 bipar- Already, the avian flu has killed 54 people in through the actions of staff at Blue Valley, the tisan cosponsors. Southeast Asia in the past year, and just last child was enrolled in school, the family re- This bill, also know as ‘‘Johanna’s law,’’ has week we learned of new human cases in Viet- ceived domestic violence counseling and allowed me the privilege and honor to meet nam and a new case in Indonesia. found affordable housing, and the mother and work with an amazing group of survivors, In response, the World Health Organization found a job that allows her to support her fam- has again issued warnings to all governments patients, doctors, and families who have lost ily. Today, this young mother is even enrolled loved ones to these awful cancers. urging them to act swiftly to control the spread in a program to help her prepare for home- of flu before it mutates into a form that can be ownership. Shelly’s caseworker says, ‘‘I I would like to personally thank Sheryl Sil- easily transmitted among humans and become watched a family struggling and hopeless be- ver, who started this whole effort over 4 years far deadlier. And further, these same health come self-sufficient and optimistic about the ago. In honor of her sister, Johanna, who died experts have urged all countries to increase future. I feel very fortunate to be part of an of ovarian cancer, Sheryl focused her energy their stockpiles of available antiviral treatments agency that makes a difference in so many and resources on writing, lobbying and work- so that we are prepared for a worst case sce- people’s lives.’’ ing this bill. It is a model of how our democ- nario. This is just one story from my Congres- racy should work. This morning, I read with great interest Mort sional District. CSBG is a true State block In addition, I would like to thank the Society Kondracke’s column in Roll Call, where he grant program that allows States to establish of Gynecologic Oncologists (SGO) and the cited a cover story in the summer edition of and operate anti-poverty programs that meet Gynecologic Cancer Foundation for their tire- the journal Foreign Affairs as saying avian flu the unique needs of their low-income commu- less efforts in saving women’s lives. They could be ‘‘the next pandemic.’’ According to nities. In Nebraska, it is critically important. I have been invaluable to this Legislative effort. his column, the journal goes on to refer to hope that the funding for this important pro- avian flu as being ‘‘far more dangerous than Dr. Beth Karlan, from Cedars Sinai Medical gram can be restored during the Conference Center, is the President of SGO and the doc- the Spanish flu that killed 50 million people Committee. worldwide in 1918 and 1919, including tor who saved my Legislative Director’s life Mr. ISSA. Mr. Chairman, I offer my amend- and deserves a special note of heartfelt grati- 675,000 in the United States.’’ ment no behalf of the thousands of women Mr. Chairman, we must prevent what is hap- tude. fighting a fierce battle against gyneocologic pening in Southeast Asia from spreading and cancers. I would like to first thank Chairman I appreciate the opportunity in raising this reaching the American continent. If Americans issue today. I look forward to working with LEWIS and Chairman REGULA for giving me the are left unprotected and unprepared for an opportunity to speak on a topic that is not only Chairman JERRY LEWIS and Chairman RALPH outbreak, there could be dire consequences. REGULA and appreciate their hard work and Today, the national Strategic Stockpile in- a legislative priority, but a personnel commit- ment. their willingness to work with all members on cludes antiviral treatment for just one percent their issues. of the population. If an avian flu pandemic oc- My amendment would simply redirect $5 Mr. HIGGINS. Mr. Chairman, I rise today to curred today, this would leave millions of million within the HHS budget to the Office of add my voice to those of millions of Americans Americans susceptible to infection, and pos- Women’s Health to coordinate a national edu- who are outraged at the dramatic reduction in sibly death. cation campaign to educate the public on The threat of avian flu spreading across our gynecologic cancers. much-needed support for public television sta- borders is not going away, and neither can our Every 7 minutes a woman is diagnosed with tions across the country. Under the Depart- commitment to protecting the American people a gynecologic cancer. In 2005, over 82,000 ments of Labor, Health and Human Services, from such a risk. The funding included in this will be diagnosed with a gynecologic cancer and Education Appropriations Act for Fiscal bill for the purchase of antiviral vaccines and and over 27,000 women will die. The most Year 2006, the Public Broadcasting Corpora- ongoing efforts to develop an effective vaccine common gynecologic cancers include ovarian, tion will lose $100 million, a 25 percent reduc- against the avian flu is hugely necessary for cervical and uterine cancers. tion from last year’s funding. In addition to the security and health of all Americans. Too many women are dying because they such cuts, this measure also proposes the Again, I commend the chairman for placing were diagnosed too late. Education and early elimination of the highly successful ‘‘Ready to the highest priority on this urgent need and I detection are the keys to saving women’s lives Learn’’ children’s education service, as well as urge my colleagues to support this bill. and reducing these statistics. If diagnosed in funds needed to upgrade aging satellite tech- Mr. OSBORNE. Mr. Chairman, I rise in the early stages, the 5 year survivability rates nology and make the conversion to digital pro- strong support of the Community Service are as high as 95 percent. gramming that has been mandated by this Block Grant and in opposition to the cuts to Gynecologic cancers, when detected early, very body. All told, these reductions amount to this program. The Community Services Block can often be prevented from becoming fatal. a nearly 50 percent decrease in funding for Grant program distributes Federal money to Since all women are at risk—no matter their public broadcasting. more than 1,100 community action agencies ethnic background or socioeconomic status— These reductions target a thriving network nationwide that use those funds to lessen the it is critical that we find a way to inform responsible for a wide range of intellectual and effects of poverty. women about the steps they can take to main- creative programming, much of it targeted to- In my Congressional District, there are six tain their health. ward children. Recently many Americans, and Due to the private and intimate nature of Community Action Agencies: Blue Valley many in this chamber, have inveighed against these cancers, oftentimes women are uncom- Community Action, Central Nebraska Commu- the proliferation of sex and violence on tele- fortable discussing issues surrounding nity Services, Community Action Partnership vision. They have rightly expressed frustration gynecologic cancers with friends and family. It of Mid-Nebraska, Kearney, Goldenrod Hills at the increasing difficulty of monitoring the is vital that we have a national dialogue to Community Services, Northwest Community objectionable material that appears on network provide accurate and timely information to the Action, and Panhandle Community Services. stations. Yet these same members are now public. Each of these agencies provide invaluable proposing a debilitating reduction in much- services to the citizens of Nebraska. By simply educating women about these Many people have asked about what CSBG cancers, we have an opportunity to save lives. needed funding for the very network that pro- funds do. In short, CSBG funds provide the The messages are simple: learn the symp- vides quality substantive programming for chil- glue that help Community Action Agencies co- toms, have an annual exam and talk to your dren and serves as an educational resource ordinate funding and services across the spec- doctor. Unfortunately, most women do not for parents and teachers. These cuts will most trum of what families might need. An example know these messages, which is why we need dramatically impact local public television and of the success of CSBG was shared with me to pass today’s amendment. radio stations, especially those in rural areas by Shelley Mayhew of the Blue Valley Crisis Dollars spent on education are an appro- and those servicing minority audiences. Intervention. Shelley worked with a young priate use of federal resources. Education em- These budget cuts target the ‘‘Ready to mother with a 5-year-old child who was aban- powers individuals to make the best choices Learn’’ children’s program that has helped doned, with no money or car, by her abusive regarding their health care. more than eight million American children im- and violent fiance´. Last year, I discovered first-hand how im- prove their reading skills. This program has Unable to search for a job because of her portant early diagnosis and education can be. supported more than 6.5 hours of educational inability to pay for childcare, lack of extended My Legislative Director was diagnosed with programming each weekday, and has even fi- family support, lack of domestic violence serv- cervical cancer. Her journey led me to work nanced workshops for parents interested in ices, and her lack of a car, since in rural Ne- with Representatives SANDER LEVIN, KAY helping their children learn how to read.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 9920 E:\CR\FM\A23JN7.063 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5035 The cuts will also significantly affect the fi- to pay $3.2 billion more overall for college this promised in NCLB, leaving 3 million needy nancial security of local public broadcasting af- year. children to struggle without the academic as- filiates; nearly 70 percent of funding allocated And these aid cuts come at a time when tui- sistance we pledged to provide. Despite the for the Public Broadcasting Corporation is tion is rising at double-digit rates. Even without need to expand the affordability of higher edu- transferred directly to these local stations. these cuts, students and working families are cation, this bill would provide only a paltry $50 With these funds, local PBS stations like straining to pay for higher education. Accord- increase to the maximum Pell Grant award. WNED and WBFO in my district in Western ing to the College Board, tuition, room, and Mr. Chairman, I am also deeply troubled by New York purchase national programs and board at a 4-year public university costs an the fact that this bill fails to move America in produce their own local programming. In an average of $11,354, which is $824 more than a direction in which being a minority is not a age dominated by giant media conglomerates, last year and $1,775 more than 2 years ago. mortality factor. PBS affiliates are often the only television sta- In other words, tuition at public institutions has The National Institute of Medicine concluded tion offering shows that are specifically tar- been increasing by almost ten percent each that: Americans of color tend to receive lower- geted to their locality. This local perspective is year. In fact, according to the National Asso- quality health care than do Caucasians; Amer- particularly important in rural areas, like much ciation of State Universities and Land-Grant icans of color receive inferior medical care— of my district, that are deemed unprofitable by Colleges, tuition and fees at public institutions compared to the majority population—even larger, for-profit media conglomerates. More- in New Jersey have increased by more than when the patients’ incomes and insurance over, Americans overwhelmingly trust and 40 percent over the past 5 years. In some plans are the same; and these disparities con- support PBS, even as their respect for the states, the increase is more than 60 percent. tribute to higher death rates from heart dis- news media at-large has substantially de- Given rising college costs, reducing eligi- ease, cancer, diabetes, HIV/AIDS and other creased. As the sixth most-watched media bility for financial aid seems short-sighted at life-endangering conditions. H.R. 3010 would expand the disparity in outlet, PBS attracts the attention of more than best, and at worst, insensitive and health care access by eliminating the Healthy 70 percent of American households at least uncompassionate. Communities Access Program and ten health once a month. Five million students rely on these grants to I have received hundreds of phone calls and help pay for college. However because of profession training programs. It would also cut letters from my constituents in Western New these changes 36 percent of the 5 million stu- by $871 million the Health Resources and York who are outraged at this targeted attack dents who receive Pell will have their awards Services Administration and freeze nearly all on public broadcasting. I firmly believe that reduced. The Pell Grant program has long Ryan White AIDS Care programs at a time when AIDS disproportionately ravages com- this Congress has a responsibility to fully sup- embodied what government can and should munities of color. port substantive programming for our constitu- do: serve as a pillar to lean on for individuals H.R. 3010 would also leave the neediest working hard and using their talents to achieve ents, particularly our youngest constituents. In with even less help by cutting the Community their dreams. Unfortunately and inevitably, an era when partisan bickering and raucous Services Block Grant by 50 percent. shouting matches have become increasingly these cutbacks have priced students out of Lastly, I know I echo the sentiments of prevalent on our Nation’s television and radio college, forcing them to postpone their edu- many of my constituents and those around the stations, we have an opportunity to elevate the cation and put career goals on hold. And country when I say—restore the funding for level of public discourse by supporting pro- those who do go on to college do so only by the Corporation for Public Broadcasting (CPB). gramming that seeks not only to entertain but taking on larger burdens, including private I received almost 200 calls from constituents also to educate. loans that must be repaid starting immediately concerned about the detrimental impact cuts By fully funding public broadcasting, we pro- after graduation. to the CPB will impose. vide an unbiased, intellectual outlet for those We believe the current course is taking us In my state, the $100 million rescission in Americans who do not have access to the in the wrong direction. At a time when the the bill means that Maryland Public Television gilded museums and vaunted cultural institu- country faces international competition and will be cut by $1,192,198. For Maryland’s pub- tions of our nation’s wealthiest cities. In a outsourcing, at a time when education has lic radio stations, it also translates into signifi- broadcast space increasingly dominated by never been more important, Congress should cant decreases in funding—WBJC by over rampant consumerism and the extreme ele- be expanding college opportunity, not shrink- $84,000; WESM by almost $63,000; WSCL by ments of the political spectrum, we have an ing it. More than just an individual accomplish- $55,000; and WEAA and WYPR, both based opportunity to back an enterprise devoted not ment or a point of pride for a family, college in my district, by $78,673 and $138,029 re- to the acquisition of greater wealth, but to the education is a public good. Our economy, cul- spectively. The CPB is an invaluable part of betterment of our common culture. We must ture, and communities benefit from having the educational and informational structure of not allow our partisan differences to obscure more college graduates. our Nation—for both those young and the old. the very real contribution of the Public Broad- I ask my colleagues to work with us to en- We should not deafen its voice by cutting casting Service, if not for ourselves than for sure that no students see their student aid re- nearly 50 percent of its budget. the youngest members of our society. duced. Mr. Chairman, H.R. 3010 represents a mis- Mr. HOLT. Mr. Chairman, Americans have Mr. CUMMINGS. Mr. Chairman, the Labor- guided attempt to restore fiscal sanity on the long relied on the Pell Grant program to help HHS Education Appropriations bill (H.R. 3010) backs of those least able to bear the heavy pay for higher education. For decades, the that we are considering today is a sad reflec- burden. program has supported students as they strive tion of Congress’ commitment to our Nation, Our collective belief in the principles of fair- to reach their potential. Now, at a time when as it represents a gross underfunding of key ness and equality demand that we do more tuition costs are rising significantly every year, domestic priorities as well as widens the dis- than the Bush Administration and House the Pell Grant program has become even parities gap. Leadership—who only offer hollow promises to more important. Access to an affordable, high-quality, public address these disparities. We should hold This year it is projected that 1.3 million stu- education helps save our children and genera- them accountable and force an actual delivery dents will see their Pell grants reduced, and tions yet unborn from the clutches of poverty, on these promises by restoring funding for the another 90,000 will become ineligible entirely crime, drugs, and hopelessness. I would ask numerous critical domestic programs in this due to the administration formula tax table what could be more important or more nec- bill. America expects and deserves this ac- changes. I was going to offer an amendment essary than to make sure that those who wish countability. with my colleague TIM BISHOP today which to better themselves through a high quality Mr. HOLT. Mr. Chairman, today I rise to ex- would have stopped future formula changes education are able to achieve that goal unob- press my concern that this bill zeroes out cutting more students. The amendment would structed by the barriers of financial disadvan- funding for the Foreign Language Assistance have been ruled out of order. tage? Program (FLAP) within the Labor, Health and Though the Bush Administration’s change to Regrettably, this bill would close the door of Human Services and Education Appropriation the federal student aid formula was subtle, its opportunity to more students by providing the Bill. FLAP is currently the only federal program effect is not. Just as states are raising the- smallest increase in education funding in 10 that supports foreign language education at price tags for higher education, the Bush Ad- years. the elementary and secondary school level. It ministration tells students and their families Specifically, H.R. 3010 eliminates 24 impor- is widely understood that early language edu- that they must shoulder a greater share of the tant education programs. It freezes funding for cation is the key to language proficiency later burden. Due to the fact the Pell grant formulas after school centers, maintains the broken on. effect the rest of student aid the Bush student promise of IDEA full funding, and underfunds In order to start addressing the pressing aid reduction will force students and families Title I by $9.9 billion below the investment need for skilled linguists and other language

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 9920 E:\CR\FM\A23JN7.044 H23JNPT1 H5036 CONGRESSIONAL RECORD — HOUSE June 23, 2005 professionals that currently exist, forty of my This proven program also reaches be- (Mr. GEORGE MILLER of California colleagues and I sent Chairman REGULA and yond academics and sports to provide asked and was given permission to re- Ranking Member OBEY a letter requesting $30 opportunities for learning about good vise and extend his remarks at this million for this program. nutrition, developing leadership skills, point.) In the past, FLAP grants have helped ele- and developing good character. Cur- Mr. GEORGE MILLER of California. mentary and secondary schools create and rently, the program serves about 76,000 Mr. Chairman, I rise in opposition to maintain high quality language programs in kids at 201 colleges and universities the legislation. areas such as Arabic, Chinese, Japanese, across the country. Participants ben- Mr. Chairman, I oppose the Republican edu- Spanish and French. efit from close contact with caring cation appropriations bill because it makes Our Nation’s language capabilities are un- adults and learn about discipline and huge cuts to our critical education programs. derdeveloped because we have neglected to self-esteem that organized sports pro- The Republican education measure will provide the language programs that currently vide. In addition, NYSP gives many force millions of students, elderly, disabled exist. An increase in FLAP funding will pay participants the first opportunity to and veterans to foot much of the bill for bil- large dividends in the future as new genera- experience a college or university cam- lions in unprecedented tax giveaways to cor- tions of Americans are exposed to foreign lan- pus from the inside. In my home State porations and the super rich. guages and cultures at a young age. Currently of Wisconsin, close to 1,600 young peo- This bill compromises our ability to build a the demand for language services in the ple participate in this program. highly skilled workforce and strong economy, United States is greater than ever before. For Mr. OSBORNE. Mr. Chairman, will just at the time when we need the investment reasons such as economic development, cul- the gentleman yield? the most. Mr. REGULA. I yield to the gen- tural growth and national security, Americans THE REPUBLICAN EDUCATION BILL CUTS NO CHILD LEFT are learning that we need to have much better tleman from Nebraska. BEHIND facility with all languages and dialects. Mr. OSBORNE. Mr. Chairman, I The Republican education bill actually cuts I understand that language education is one thank the gentleman for yielding to overall funding for No Child Left Behind by me, and I thank him for his work on of the most pressing national security issues 806 million dollars this year. facing our Nation today. While the Defense this bill. The timing could not be worse. Schools are Mr. Chairman, over 36 years of deal- Department, the State Department and our in- continuing to work to meet the challenges of ing with young people as a coach, re- telligence agencies have recently turned their NCLB. cruiting, and as a teacher, I have wit- attention to the language problem, their ap- In 2006, all students are to be taught by a nessed an unraveling of our Nation’s proach remains focused on immediate needs. highly qualified teacher for the first time. families. Young people in America cur- However, programs such as FLAP are critical These reforms are critically needed, yet we rently face more overwhelming obsta- in addressing the long term problem by in- aren’t meeting our commitment to fund them. cles than ever before. Nearly one half creasing interest in, and access to, language Since its passage, President Bush and the of all children grow up without one bio- education. Republican controlled Congress have broken logical parent or are in some difficult The House has already gone on record this their pledge to fully fund NCLB by a total of home environment. year in strong support of language education nearly $40 billion. when it unanimously approved H. Res. 122, The main value of this program, as I DENYING CRITICAL MATH AND READING SERVICES TO and established 2005 as the Year of Lan- see it, Mr. Chairman, is that it does MILLIONS OF SCHOOL CHILDREN guages. I believe that an increase in FLAP give some very needy children on a col- The Republican education bill cuts the Ad- funding would be an appropriate way to further lege campus great supervision and ministration’s Title I funding increase by 83 show Congressional support for language edu- through the vehicle of sports encour- ages them to do well in school, pro- percent. cation. As a result, more than 3 million children will As this bill goes to conference I ask my col- vides some character-building experi- be denied critical services to improve their leagues to join me in demanding funding for ences. I have experienced personally math and reading skills. foreign language education. these programs. I have participated in The CHAIRMAN. All time for general them; so I see great value and really Current funding for Title I grants—which debate has expired. appreciate the chairman’s willingness help low-income children improve their aca- Pursuant to the rule, the bill shall be to at least consider our proposal. demic skills—is now $10 billion short of what considered for amendment under the 5- Mr. REGULA. Mr. Chairman, re- President Bush and the Congress promised minute rule. During consideration of claiming my time, the committee ac- under NCLB. the bill for amendment, the Chair may knowledges the good work that is done THE REPUBLICAN EDUCATION BILL MAKES IT EVEN accord priority in recognition to a by the National Youth Sports Program, HARDER TO PAY FOR COLLEGE Member offering an amendment that but was unfortunately unable to fund Millions of students and families continue to he has printed in the designated place this program due to funding con- struggle to cover rising college costs and soar- in the CONGRESSIONAL RECORD. Those straints. ing loan debt. amendments will be considered read. Mr. KIND. Mr. Chairman, will the Yet this bill provides no real relief. The Clerk will read. gentleman yield? Instead, the Republican education bill pro- Mr. REGULA. Mr. Chairman, I move Mr. REGULA. I yield to the gen- vides a meager $50 increase to the maximum to strike the last word. tleman from Wisconsin. Pell grant scholarship—which doesn’t even Mr. Chairman, for the purpose of en- Mr. KIND. Mr. Chairman, as the cover the rise of inflation. tering into a colloquy, I yield to the chairman is aware, earlier this year we In addition, it falls nearly $1,000 short of gentleman from Wisconsin. did have a bipartisan letter of support President Bush’s $5,100 maximum Pell prom- Mr. KIND. Mr. Chairman, I thank the from over 50 of our colleagues request- ise—despite the fact that last year’s maximum chairman for yielding to me. ing a $20 million appropriation for Pell grant scholarship was worth nearly $800 I rise today with the gentleman from NYSP. Given the importance of this less, in real terms, than it was 30 years ago. Nebraska (Mr. OSBORNE) for the pur- program to many children throughout As a result, students will shoulder huge new pose of engaging the chairman in this the country and the fact that NYSP debts as college expenses continue to rise. colloquy about the National Youth has successfully leveraged Federal The Republican education bill also short- Sports Program. funding to secure substantial matching changes teacher training by freezing Teacher Mr. Chairman, this year due to fund- community investments, we would Quality State Grants—which have been frozen ing constraints, the National Youth hope that if the funding is found on the or cut for 3 years in a row. Sports Program was not funded in this Senate side that the House could be As a result, 56,000 fewer teachers would re- appropriation bill. The National Youth supportive, that the chairman could be ceive the high quality training promised under Sports Program is an educational part- supportive of the funding level coming NCLB. nership that has worked successfully out of the Senate in conference. This education bill marks the first year in for 37 years. It provides low-income Mr. REGULA. Mr. Chairman, re- nearly a decade that we are actually losing children, ages 10 to 16, a 5-week sum- claiming my time, the committee will ground on IDEA. mer program offering sports and aca- do its best in the conference if addi- The Republican education bill funds IDEA at demic programs at colleges and univer- tional funding is available to preserve less than half of the amount we promised sities nationwide. the National Youth Sports Program. when we enacted the law.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 9920 E:\CR\FM\A23JN7.045 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5037 Congress promised to cover 40 percent of Mr. DOOLITTLE. Mr. Chairman, I complish. I have with me a press report the costs of education for children with special move to strike the last word. by the Associated Press just released needs—yet this year, we’ll only cover 18 per- Mr. Chairman, I rise today to enter today that says in California, the State cent. into a colloquy with the gentleman that the gentleman from California We need to move forward to close the gap from Texas (Chairman BARTON) of the (Mr. DOOLITTLE) is from, last year their between the amount Congress promised and Committee on Energy and Commerce program paid for 137 sex offenders to the amount that we provided—not backwards, to discuss an amendment which I intro- get these types of drugs, and I know as this bill does. duced and which was adopted by the the gentleman from California (Mr. This bill raids critical services to children, Committee on Appropriations to the DOOLITTLE) wants to prevent that. the disabled, veterans and college students to Departments of Labor, Health and So I am not going to object today be- pay for billions in unprecedented tax give- Human Services, and Education, and cause I believe that under no cir- aways to corporations and the super rich. Related Agencies Fiscal Year 2006 ap- cumstances should taxpayers’ dollars I strongly oppose the Republican education propriations bill. The Committee on be used to pay for providing these bill because it will force massive cuts to our Appropriations adopted my amend- medications to convicted sex offenders. key education programs and shortchange mil- ment, which blocks convicted sex of- We do not want to send the wrong mes- lions of American children, students and work- fenders from receiving federally funded sage to these individuals or to the ers. medication such as Viagra and other State public health officials that have I urge my colleagues to oppose the Repub- similar medication. allowed this to happen. lican education appropriations bill. As the chairman may know, more I did send a letter to the Committee The CHAIRMAN. The Clerk will read. than 800 sex offenders in 14 States have on Rules asking that this language re- The Clerk read as follows: been reimbursed for Viagra and similar main subject to a point of order on the H.R. 3010 medication. The sex offenders being floor today; but given these unique cir- Be it enacted by the Senate and House of Rep- tracked for these statistics are level cumstances, I have agreed to allow this resentatives of the United States of America in three sex offenders, which are the most provision to be included in the bill Congress assembled, That the following sums threatening and dangerous of all con- today. are appropriated, out of any money in the victed sex offenders. I want to put the House on notice and Treasury not otherwise appropriated, for the The amendment, already incor- the gentleman from California (Mr. Departments of Labor, Health and Human porated in the bill before us, will pro- LEWIS), chairman of the full com- Services, and Education, and Related Agen- hibit any Federal funds under this act mittee, and the gentleman from Ohio cies for the fiscal year ending September 30, to be used for reimbursement to con- (Mr. REGULA), chairman of the sub- 2006, and for other purposes, namely: victed sex offenders for Viagra or simi- committee, that the Committee on En- TITLE I—DEPARTMENT OF LABOR lar medication. Since this is an appro- ergy and Commerce will move legisla- EMPLOYMENT AND TRAINING ADMINISTRATION priations bill, it means that the effect tion prohibiting convicted sex offend- TRAINING AND EMPLOYMENT SERVICES of these provisions will last only for 1 ers from gaining access to these medi- (INCLUDING RESCISSIONS) year. I look forward to working with cations before the conference on this For necessary expenses of the Workforce the gentleman from Texas (Chairman appropriations bill is complete. Investment Act of 1998, including the pur- BARTON) on the Committee on Energy This is the proper way for the House chase and hire of passenger motor vehicles, and Commerce and the gentleman from to address the issue. I would hope that the construction, alteration, and repair of California (Chairman THOMAS) on the all Members will support this legisla- buildings and other facilities, and the pur- Committee on Ways and Means on leg- tion when it comes to the floor in the chase of real property for training centers as very near future. authorized by such Act; $2,658,792,000 plus re- islation to stop this practice quickly imbursements, of which $1,708,792,000 is and permanently. [From the Associated Press] available for obligation for the period July 1, Mr. BARTON of Texas. Mr. Chair- STATE AGENCIES DIRECTED TO STOP 2006, through June 30, 2007; except that man, will the gentleman yield? PROVIDING SUCH DRUGS TO EX-CONVICTS amounts determined by the Secretary of Mr. DOOLITTLE. I yield to the gen- SAN FRANCISCO.—California taxpayers Labor to be necessary pursuant to sections tleman from Texas. helped pay for Viagra and other impotence 173(a)(4)(A) and 174(c) of such Act shall be Mr. BARTON of Texas. Mr. Chair- drugs for at least 137 registered sex offenders available from October 1, 2005, until ex- man, I thank the gentleman from Cali- in the past year, the state Attorney Gen- pended; and of which $950,000,000 is available fornia, the author of the amendment, eral’s office said. for obligation for the period April 1, 2006, An audit found that Medi-Cal—the state through June 30, 2007, to carry out chapter 4 section 519 of the Departments of Medicaid agency that funds some health of such Act: Provided, That notwithstanding Labor, Health and Human Services, services programs for California’s poor— any other provision of law, of the funds pro- and Education, and Related Agencies spent $2.6 million to provide 5,855 men with vided herein under section 137(c) of such Act Fiscal Year 2006 appropriation bill, for Viagra and other erectile dysfunction drugs, of 1998, $212,000,000 shall be for activities de- yielding to me. including 137 men who were registered sex of- scribed in section 132(a)(2)(A) of such Act and Section 519, as authored by the gen- fenders, Nathan Barankin, spokesman for Attorney General Bill Lockyer, said Wednes- $1,193,264,000 shall be for activities described tleman from California (Mr. DOO- in section 132(a)(2)(B) of such Act: Provided day. LITTLE), would prohibit Medicare, Med- further, That $125,000,000 shall be available Lockyer’s office received a list of Medi- for Community-Based Job Training Grants: icaid, and other public health agencies Cal-funded Viagra recipients from the De- Provided further, That $7,936,000 shall be for from paying for erectile dysfunction partment of Health Services and ran that carrying out section 172 of such Act: Provided medications to convicted sex offenders list against the men whose whereabouts are further, That, notwithstanding any other by modifying the medication coverage registered with local law enforcement, provision of law or related regulation, policies of entitlement programs estab- Barankin said. $75,759,000 shall be for carrying out section lished under the statutes within the ju- Last month, under federal pressure to pre- 167 of such Act, including $71,213,000 for for- vent sex offenders from obtaining taxpayer- risdiction of the Committee of Energy funded Viagra, Gov. Arnold Schwarzenegger mula grants, $4,546,000 for migrant and sea- and Commerce, which I chair. sonal housing (of which not less than 70 per- directed state agencies to stop providing cent shall be for permanent housing), and This provision is clearly, and I re- such ex-convicts with erectile dysfunction $500,000 for other discretionary purposes: Pro- peat, clearly, legislating on an appro- drugs. vided further, That notwithstanding the priations bill, a clear violation of The federal Centers for Medicare and Med- transfer limitation under section 133(b)(4) of clause 2 of rule XXI of the rules of the icaid Services even warned it might cut fed- such Act, up to 30 percent of such funds may House. Legislative changes affecting eral funding for states that do not make seri- be transferred by a local board if approved by these public health programs should be ous efforts to cut convicted sex offenders off the Governor: Provided further, That funds from these drugs. properly considered by the authorizing State authorities across the country have provided to carry out section 171(d) of such committee of jurisdiction and not in an Act may be used for demonstration projects been searching their databases after a New that provide assistance to new entrants in appropriations bill. York state audit showed that 198 sex offend- the workforce and incumbent workers: Pro- I am, however, very sympathetic to ers there received government-reimbursed vided further, That no funds from any other the goals of the sponsor of this provi- Viagra between January 2000 and March 2005. appropriation shall be used to provide meal sion, what the gentleman from Cali- Mr. FOSSELLA. Mr. Chairman, will services at or for Job Corps centers. fornia (Mr. DOOLITTLE) is trying to ac- the gentleman yield?

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.007 H23JNPT1 H5038 CONGRESSIONAL RECORD — HOUSE June 23, 2005 Mr. DOOLITTLE. I yield to the gen- fered today and share with my col- mandate of the gentleman from North tleman from New York. leagues the reason for withdrawing Carolina (Chairman WATT) for this Mr. FOSSELLA. Mr. Chairman, I them, because I hope that we will bat- Congress, closing the disparities gap thank the gentleman for yielding to tle all the way to conference, restore for Americans, particularly minority me. the $16 billion that takes away from Americans and African Americans, we I too support the spirit and intent of the most needy, but also from the can stand here today and say that this the gentleman from California (Mr. Americans who depend on us the most. legislation is a travesty, for it impacts DOOLITTLE). And if there ever was com- Just a couple of days ago, the Sub- the elderly, it impacts the most vulner- mon sense, it is the fact that taxpayer committee on Defense of the Com- able, the sickest of Americans, it im- money should not be used to provide mittee on Appropriations stood on the pacts the youngest of Americans. Viagra and similar medications to con- floor of the House and they said they In Texas alone we will be losing some victed sex offenders, those among the came in $3.5 billion under mark, mean- $9 billion in language acquisition in worst in the country. So this is a short- ing that they spent less than they were education, we will be losing $62 billion term solution; but we need a long-term authorized or able to do. But even with in education technology, $7 billion in solution, a bill that I have introduced; that $3.5 billion, we find ourselves cut- assessments. We will be losing $27 bil- and it is understood that the chairman ting over 20 Health and Human Serv- lion in innovative education. We will will move that legislation. It focuses ices programs and over 25 educational be losing $13 billion in rural education. on drug utilization review programs programs to educate our children. We will be losing another amount in that provide the States with the flexi- I would have offered the following special ed. Mr. Chairman, this bill needs to go bility to prevent convicted sex offend- two amendments, one dealing with the back to address the needs of the most ers from obtaining Viagra with tax- hepatitis C virus, and I pay tribute to vulnerable Americans and to close the payer money. a former constituent of mine, Ed Wendt, who lost his life in the battle disparities gap. Mr. DOOLITTLE. Mr. Chairman, re- Mr. Chairman, let me first say thanks to you with hepatitis C and liver disease, a claiming my time, I thank both these and the Ranking Member for your work on this Vietnam war veteran, somebody with gentlemen and commend the gen- bill. tleman from New York (Mr. FOSSELLA), whom I stood in front of the Justice Mr. Chairman, I had planned to offer two the author of the permanent legisla- Department fighting against the dis- amendments but have decided to withdraw tion, and the gentleman from Texas crimination of veterans who have hepa- them due to existing funding cuts in the bill (Mr. BARTON), the chairman of the pri- titis C virus. Although many of them and the fact that there is not much room to mary committee with jurisdiction over do not know it, nearly 4 million Ameri- transfer monies throughout the bill. Neverthe- this. This definitely needs to be made cans are currently infected and 35,000 less, I feel it is very important to briefly dis- permanent. This is really just an in- new infections occur each year. HCV cuss these amendments for they deal with two terim step until that legislation can costs millions of dollars in health care very pressing health issues (Lupus and Hepa- move. and lost wages, and this amendment titis-C). My first amendment, which was two Mr. BARTON of Texas. Mr. Chair- would have offered an additional $1.5 fold, would have increased funding for the man, will the gentleman yield? million to deal with this issue. ‘‘Centers for Disease Control and Prevention- Mr. DOOLITTLE. I yield to the gen- Hepatitis C impacts African Ameri- Disease Control, Research, and Training’’, by tleman from Texas. cans, children, and adolescents, renal $2.5 million. The second half of this amend- Mr. BARTON of Texas. Mr. Chair- dialysis patients, HIV-positive pa- ment would have increased funding to the man, I thank the gentleman from Ohio tients. We need help. ‘‘National Center on Minority Health and But I will not offer this amendment (Chairman REGULA) and the gentleman Health Disparities’’ by $1.5 million. The pur- from Wisconsin (Mr. OBEY), ranking to continue the battle for more dollars pose of these funding increases would have member, for letting us have this col- for all Americans on all issues. Today been to increase educational programs on loquy. on the floor of the House I saw a Lupus for health care providers and the gen- Ms. JACKSON-LEE of Texas. Mr. former colleague, Congresswoman eral public. In addition, my first amendment Chairman, I move to strike the last Meek. Carrie Meek was a soldier on the would have sought to expand the operation of word. battlefield for lupus research, and I was the National Lupus Patient Registry. Lupus is Mr. Chairman, I want to begin my re- prepared to offer an amendment to in- a chronic, disabling, and potentially fatal con- marks by acknowledging the obvious. crease the dollars for lupus because we dition in which the immune system attacks the The gentleman from California (Chair- have not determined the cause of body’s own organs and tissues. Lupus strikes man LEWIS) and the gentleman from lupus. But because of the need to primarily women and is twice as common Wisconsin (Mr. OBEY), ranking mem- spread the wealth and the need to pro- among people of color. Currently, it is esti- ber, dealt the hand that was given to vide resources that we do not have be- mated that 1.5 to 2 million Americans have them. cause the majority determined that the Lupus. There is no cure for Lupus, no new most vulnerable of America do not b 1330 drugs have been approved to treat the dis- need our attention, I will not offer that ease in nearly forty years, and no valid med- The gentleman from Wisconsin amendment. ical measure to diagnose and track the dis- (Ranking Member OBEY) of the sub- I rise to offer the impact or to em- ease’s progression exists. This is a serious committee and the gentleman from phasize the impact that we will be fac- disease and we must focus more attention on Ohio (Mr. REGULA), the chairman of the ing. Do my colleagues realize that we it if we are to find a cure. subcommittee, dealt the hand that was are cutting dollars from community My second amendment would also have in- given to them. health clinics, we are cutting dollars creased funding for ‘‘Centers for Disease Con- But, my friends, when the budget is from training and primary care medi- trol and Prevention-Disease Control, Re- cut by $16 billion and you expect that cine and dentistry, sickle cell dem- search, and Training’’ for the purpose of in- the most vulnerable of America can onstration projects are being zeroed creasing Hepatitis-C research activities. Par- raise their head and survive, you un- out, early learning opportunities pro- ticularly at risk for Hepatitis-C are African- derstand that a crisis is in the midst. grams are being zeroed out? In edu- Americans, children and adolescents, renal di- Now, I was prepared today to offer cation, we are zeroing out comprehen- alysis patients, HIV/HCV positive patients, and two amendments, because I believe sive school reform, parental informa- patients with hemophilia. Although many of that in helping that we can all work tion and resource centers. We are zero- them do not know it, nearly four million Ameri- together. But I realize that the ranking ing out arts and education, alcohol cans are currently infected, and 35,000 new member and the chairman have done abuse reduction; all of those are being infections occur each year. This insidious virus everything that they could possibly do, zeroed out. And even though I will be takes thousands of lives annually—primarily and I buy into our leader’s concept supporting my colleagues on the Con- through cirrhosis and liver cancer. HCV costs that this is simply borrowing from the gressional Black Caucus, because we millions of dollars in healthcare and lost wages lambs, the most vulnerable. are appreciative of being able to save each year, but it receives inadequate attention But I do want to acknowledge the TRIO, we will also be standing here to from the public, the medical field, and the fed- two amendments that I would have of- say that because we believe in the eral government.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\CR\FM\K23JN7.065 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5039 Hepatitis-C is an inflammation of the liver in- service that provides pre-K through 12 edu- ‘‘any direction, supervision, or control over the cluding tenderness, and sometimes permanent cators with nearly 4,000 free lesson plans, content or distribution of public telecommuni- damage. Hepatitis-C can be caused by var- teachers’ guides, and homeschooling guid- cations programs and services.’’ ious viruses or by substances such as chemi- ance; and PBS TeacherLine, which provides The American people, in poll after poll, have cals, drugs, and alcohol. Hepatitis C virus is high-quality professional teacher development judged PBS to be ‘‘fair and balanced’’ com- one of six known types of the hepatitis virus. through more than 90 online-facilitated pared to network and cable television. We do I would urge my colleagues to take a closer courses in reading, mathematics, science and not need outside operatives to intervene. Fur- look at this devastating disease. technology integration. We must not cut fund- thermore, in these times of fiscal crisis for I would also like to take a moment to ex- ing for this valuable program. PBS, the last thing we need is to spend tax- press my concerns with some of the many Again, I thank the Chairman and the Rank- payers’ money on partisan media police. My funding cuts for Title VII programs in this ing Member for their work on this bill, and I amendment will help return balance and ob- year’s appropriations bill. While I am pleased hope we can all work to further fund the pro- jectivity to our public media, and I urge my to see that funding was provided for Minority grams mentioned in my statement as we colleagues to support this amendment. Centers of Excellence ($12 million) and Schol- move to conference. Mr. Chairman, once again our public broad- arships for Disadvantaged Students ($35 mil- Ms. WATSON. Mr. Speaker, I move to casting system is under attack by reactionary lion), I am disappointed that Area Health Edu- strike the last word. forces inside the beltway. This time, it is suf- cation Centers, Health Education and Training (Ms. WATSON asked and was given fering a two-pronged assault; one on content, Centers, and Health Professions Training Pro- permission to revise and extend her re- one on funding, and both politically motivated. grams were all zeroed out. These programs marks.) Congressman HINCHEY and I are offering an have been addressing the needs of medically Ms. WATSON. Mr. Chairman, I had amendment to reinforce existing law and buff- underserved communities in Texas since 1991 two amendments that I was going to er PBS from the kind of political attacks that by playing a key role in providing health serv- offer on the Corporation of Public Corporation of Public Broadcasting, CPB ices and health care professionals for our Broadcasting, and they have to do with Chairman, Kenneth Tomlinson, has brought most vulnerable populations. I would hope that restricting funding for opening a new upon Big Bird and Elmo. Mr. Tomlinson has I would be able to work with the Chairman and office that would monitor dissenting revealed his personal crusade to discredit and the Ranking Minority Member as this bill and ideological statements. destroy public broadcasting by unjustly accus- moves through conference to see if we can Mr. Chairman, today I am offering an ing PBS and NPR of liberal bias, and working find some funding for these very important amendment that will help end the partisan at- behind the scenes to stack the CPB’s board programs. tacks on public broadcasting by prohibiting the and executive offices with operatives who I am pleased to see that the Committee pro- funding of the new Office of Ombudsmen at share his ideological views. vided an increase over last year’s funding the Corporation for Public Broadcasting. The According to recent reports, Tomlinson is level for Ryan White AIDS Programs. Specifi- creation of such office is partisan, unneces- promoting Patricia Harrison, the former co- cally, the bill appropriates $2.1 billion for the sary, and contrary to the spirit of the law that chairwoman of the Republican National Com- programs, which is $10 million (2%) more than created CPB, and I strongly urge my col- mittee, to be CPB’s next president. Mr. Tom- the current level but equal to the administra- leagues to support this amendment. linson also secretly coordinated with a White tion’s request. This total includes $610 million Corporation of Public Broadcasting, CPB, House official to formulate ‘‘guiding principles’’ for the emergency assistance program—which Chairman, Kenneth Tomlinson, has inserted for the appointment of two partisan ombuds- provides grants to metropolitan areas with politics into our public media and has taken men to monitor and critique all public broad- very high numbers of AIDS cases—$1.1 billion the public out. Recently we learned that Mr. casting content. Tomlinson suppressed a pub- for comprehensive-care programs, $196 mil- Tomlinson secretly coordinated with a White lic poll showing that 80 percent of Americans lion for the early-intervention program, and House official to formulate ‘‘guiding principles’’ judge PBS to be ‘‘fair and balanced’’ com- $73 million for the Pediatric HIV/AIDS pro- for the appointment of two partisan ombuds- pared to network and cable television. Finally, gram. men to monitor and critique all public broad- Tomlinson diverted taxpayers’ money to hire a Head Start also received an increase in casting content. Furthermore, the ombudsmen partisan researcher for a stealth study to track funding. The bill provides $6.9 billion for the were appointed by Tomlinson based on their ‘‘anti-Bush’’ and ‘‘anti-TOM DELAY’’ comments program. This is $56 million more than the purported political ideology—‘‘one for the left by the guests of NOW with Bill Moyers—a current level but slightly less than the adminis- and one for the right.’’ These actions are in move that currently is being investigated by tration’s request. I would like to work with the violation of the original mandate established the Inspector General. Chairman and Ranking Minority Member to in- by the Public Broadcasting Act of 1967. This Mr. Chairman, the law is clear on this. The crease funding to the Administration’s request historic act forbids ‘‘political or other tests’’ Public Broadcasting Act of 1967 clearly forbids during conference. The total for Head Start in- from being used in employee actions and pro- ‘‘any direction, supervision, or control over the cludes $5.5 billion in FY 2006 billion in ad- hibits interference by Federal officials over content or distribution of public telecommuni- vance appropriations from a prior year. The public media content. Congress intended that cations programs and services.’’ Congress es- measure also includes $1.4 billion in advance the CPB serve as a firewall against outside tablished the Corporation for Public Broad- FY 2007 appropriations. political pressures, and the creation of the om- casting to ‘‘encourage the development of Unfortunately, the bill only provides $14.7 budsmen office at the CPB clearly contradicts public radio and television broadcasting’’ and billion for the Education for the Disadvantaged that spirit. to ‘‘afford (public broadcasting) maximum pro- Children Program. It saddens me to say that Secondly, hiring outside ombudsmen at tection from extraneous interference and con- this amount is $115 million less than the cur- CPB is completely unnecessary. NPR already trol.’’ Under the direction of Tomlinson, how- rent level and $1.7 billion less than the Admin- has an in-house ombudsman. In response to ever, the CPB has engaged in a deliberate istration’s request. I hope more funding can be the unfounded accusations of liberal bias, the campaign to inject politics into public broad- provided for this important program during PBS board recently selected an independent casting. conference. ombudsman that is in line with the original The taxpayer-funded CPB is supposed to Before closing, I would like to express my bill’s language, which states that the ‘‘produc- serve as a firewall between Washington, DC, dismay with the $100 million decrease in fund- tion and acquisition of programs’’ is supposed politics and public broadcasting. Mr. Chair- ing for Corporation for Public Broadcasting. A to be ‘‘evaluated on the basis of comparative man, we must take the politics out of public loss in CPB funding would seriously hamper merit by panels or outside experts, rep- broadcasting—and put the public back in. Our PBS’ ability to acquire the top quality chil- resenting diverse interests and perspectives amendment will prohibit Mr. Tomlinson from dren’s educational programming that is used appointed by the corporations.’’ There is clear- exercising any direction, supervision, or con- in classrooms, day care centers and millions ly no need to spend additional taxpayer’s trol over the content or distribution of public of American households to educate, entertain money for the monitoring of public broad- broadcasting. It would also reaffirm the long- and provide a safe harbor from the violent, casting programming, especially through the standing policy that public broadcasting must commercial and crass content found in the lens of political ideology. be free from outside interference. This is commercial marketplace. PBS provides valu- The amendment I am offering today simply about the future of a vital public trust, a re- able services that improve classroom teaching restores what was already in place by legal source that is owned and enjoyed by every- and assist homeschoolers. These could be re- precedent by prohibiting the funding of the Of- one, and not allowing it to be hijacked by the duced or eliminated if federal funding is cut. fice of Ombudsmen at CPB. This amendment nefarious agenda of a few political operatives. These services include PBS TeacherSource, a is in the spirit of the 1967 act, which forbade It is a shame that it has even come to arguing

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 9920 E:\CR\FM\A23JN7.027 H23JNPT1 H5040 CONGRESSIONAL RECORD — HOUSE June 23, 2005 for safeguards we used to take for granted, Mr. REGULA. Mr. Chairman, I claim In southwestern Pennsylvania, it has but the actions of Mr. Tomlinson demand it. I the time in opposition to the amend- been the home of WQED, the first com- urge my colleagues to support our amend- ment offered by the gentleman from munity-owned TV station, production ment. Wisconsin, and I reserve the balance of center for many PBS programs, and AMENDMENT OFFERED BY MR. OBEY my time. also the home for Fred Rogers’ pro- Mr. OBEY. Mr. Chairman, I offer an Mr. OBEY. Mr. Chairman, I yield 2 grams with Mr. Rogers’ Neighborhood. amendment. minutes to the gentlewoman from New It is extremely important, and I am The Clerk read as follows: York (Mrs. LOWEY). hoping in conference, as I expect this Amendment offered by Mr. OBEY: Mrs. LOWEY. Mr. Chairman, I am amendment may fail, in conference the At the end of the bill (before the short pleased to offer this amendment with chairman may work to help restore title), insert the following: the gentleman from Wisconsin (Rank- some programming funds for public SEC. ll. The amounts otherwise provided ing Member OBEY) and the gentleman broadcasting. I believe it is important in this Act for the following accounts and ac- from Iowa (Mr. LEACH). to have nonviolent, noncommercial tivities are hereby reduced by the following What we have today is a new remake amounts, and none of the funds made avail- programs, because so many other pro- able in this Act may be used to carry out the of an old show: the misguided effort to grams still have so much in there that rescission specified in this Act under the deny the American people the quality, appears to be just infomercials for chil- heading ‘‘Corporation for Public Broad- thought-provoking, and insightful pro- dren’s programming. casting’’: gramming of PBS. So I ask that as this proceeds, that (1) ‘‘Department of Labor—Employment Ten years ago, when the right wing the chairman work in conference and and Training Administration—Training and launched an all-out assault on public in other areas to help restore some of Employment Services’’, $58,000,000. television, Americans understood what the programming funds that would (2) ‘‘Department of Labor—Departmental Management—Salaries and Expenses’’, was at stake and rallied around PBS. help us with such important children’s $4,640,000. The Republican leadership retreated, programming. (3) ‘‘Department of Health and Human and public broadcasting was saved. Mr. OBEY. Mr. Chairman, I yield 5 Services—Health Resources and Services Ad- Today, the majority is again trying minutes to the distinguished gen- ministration—Health Resources and Serv- to pull the plug on public television tleman from Iowa (Mr. LEACH), one of ices’’, $2,920,000. and radio. This time, well over a mil- the cosponsors of the amendment, and (4) ‘‘Department of Education—Higher lion Americans have signed petitions I appreciate very much his involve- Education’’, $27,000,000. (5) ‘‘Department of Education—Depart- calling for the restoration of CPB’s op- ment in this activity. mental Management—Program Administra- erating funds, and thousands more Mr. LEACH. Mr. Chairman, I thank tion’’, $8,380,000. have contacted congressional offices in my distinguished friend for yielding me Mr. OBEY (during the reading). Mr. opposition to these devastating cuts. this time. Chairman, I ask unanimous consent Families across the country turn to I would like to just take a moment to that the amendment be considered as public radio and television for edu- discuss what might seem esoteric, that cational programs, job training, the is a definitional issue. The word ‘‘pub- read and printed in the RECORD. The CHAIRMAN. Is there objection latest digital services, balanced news, lic’’ means ‘‘of or pertaining to the to the request of the gentleman from local information; the very types of whole community.’’ Wisconsin? programs and services commercial tel- I mention this because public broad- There was no objection. evision stations simply do not offer be- casting is not intended to be a reflec- Mr. REGULA. Mr. Chairman, I ask cause they just are not profitable. tion of the views of any government. It unanimous consent that debate on this Local public stations are already is not government broadcasting we are amendment and any amendments struggling to provide these quality pro- talking about; it is public broad- thereto be limited to 30 minutes to be grams with limited dollars. This $100 casting. That was made clear when equally divided and controlled by the million rescission, 25 percent of CPB’s Congress created this particular pro- proponent and myself as the opponent. operating budget, could force many gram that so many of Americans hear The CHAIRMAN. Without objection, stations to fade to black. and feel every day of their lives. the amendment will be considered at Do we want to live in a society where Public broadcasting simply was not this point in the reading and, without pop culture dictates all that is offered to be the microphone of the govern- objection, the debate will be considered on the airwaves? Do we want to live in ment. Perspectives reflected are ex- within the time specified. a society in which the only characters pected to be honest and of the highest There was no objection. that appear on Sesame Street and quality, hopefully reflecting a variety Mr. OBEY. Mr. Chairman, I yield my- other children’s programs are the ones of views. But all governments, Repub- self 2 minutes. that gross the highest profits, rather lican or Democratic, all government Mr. Chairman, we all know what this than those who deliver the most com- officials, left, right and center, should amendment is. It is very simple, and I pelling lessons to our kids? expect to be criticized and find views will not take very much time on ex- We have an opportunity today to reflected that they do not agree with. plain it. send the same strong and successful It is simply better for society to have We simply strike the $100 million re- message that beat back these cuts to a questioning, skeptical press and, scission that was included in the public broadcasting 10 years ago. I urge most particularly, a skeptical, ques- Labor-HHS bill for the Corporation for my colleagues to restore this critical tioning public broadcasting system Public Broadcasting. This restores the funding to CPB by voting in favor of than one that is slavishly supportive of $100 million in funding for CPB, which the Obey-Lowey-Leach amendment. any perspective, especially a perspec- distributes the majority of those funds Mr. REGULA. Mr. Chairman, I yield tive that might be considered a govern- to over 1,000 public television and radio 1 minute to the gentleman from Penn- ment one. stations nationwide, and uses the re- sylvania (Mr. MURPHY). Here, all of us have heard a lot of maining funds to support national pro- Mr. MURPHY. Mr. Chairman, I un- criticism of public broadcasting, par- gramming and public broadcasting sys- derstand one of the objections to the ticularly journalists like Bill Moyers tems. Obey amendment will be that it takes and Dan Schorr. Let me say, I do not It is offset by modest reductions in money from worker training programs think either would consider themselves low-priority demonstration programs and community health services. But I a card-carrying arch-conservative. But and administrative accounts in the want to state that as a child psycholo- the fact of the matter is that there Labor, Health and Human Services, gist, I cannot overstate the need to have probably been no journalists in and Education Department. I think make the ability of quality, wholesome the last several generations who have those reductions will not do serious media a priority for our children, and I uplifted public discourse more than harm to any of the administrative am certainly concerned about reducing these two men. We, all of us, will not budgets involved. these funds that would affect children’s agree with anything or everything that Mr. Chairman, I reserve the balance programming, as I am sure every Mem- they say, but we certainly can respect of my time. ber is. them.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.010 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5041 Let me end for the moment with the cent of that comes from the Federal this important amendment values our notion that public broadcasting is Government. Indeed, the billionaire children, and the in-depth journalism about increasing the civility level of could clearly take care of that. and life-long learning that sustains our public discourse. It is also about in- And one more point. For all those democracy. I urge my colleagues to creasing the appreciation level for the people who are calling our offices from support this amendment. If we do not, American arts. I cannot think of any San Francisco and New York and oth- we will be sorry and the Nation will publicly funded endeavor that has done erwise across the country, if each disapprove of our decision. more for uplifting what we consider to would just send another dollar, they Mr. REGULA. Mr. Chairman, I yield be the values that underpin public pol- would not have to bother with this; myself such time as I may consume. icy rather than simply reflect perspec- they would save that in the phone bills. Mr. Chairman, I rise to oppose this tives on public policy itself. I cannot Ms. GINNY BROWN-WAITE of Flor- amendment. I want to point out a num- think of any publicly funded endeavor ida. Mr. Chairman, I could not agree ber of reasons, not that I dislike public that has done more to bring out the with you more. And that exactly broadcasting or public television; I best in the American arts. should be the message, that those who think they do great programming. My want to support public broadcasting grandchildren love Elmo and Big Bird, b 1345 should do it through their personal and Between the Lions. I like a number And so I would strongly urge my col- checkbook. of the programs. leagues to reflect that these institu- Mr. OBEY. Mr. Chairman, I yield 2 But keep in mind, that this was cre- tions of the Public Broadcasting Sys- minutes to the distinguished gen- ated at a time, what, some 30-plus tem deserve our respect and our sup- tleman from Michigan (Mr. DINGELL). years ago when we did not have the port. (Mr. DINGELL asked and was given huge variety of programming that is Mr. LEWIS of California. Mr. Chair- permission to revise and extend his re- available today. And keep in mind, of man, it is a privilege to yield 3 minutes marks.) course, that we have limited amounts to the gentlewoman from Florida (Ms. Mr. DINGELL. Mr. Chairman, this of money. GINNY BROWN-WAITE). amendment is necessary because my I know that there has been a lot of Ms. GINNY BROWN-WAITE of Flor- friends on the other side know the cost conversation out across the country ida. Mr. Chairman, today we are talk- of everything and the value of nothing. and the Corporation for Public Broad- ing about deficits, debt and tight I rise in strong support of the amend- casting is involved here, and National spending. We are talking about tight ment to restore funding to the Cor- Public Radio, they have the micro- veterans budgets and funding our poration for Public Broadcasting. phones available to reach people who troops. But the other side of the aisle This is money already authorized by are calling us. But I am not sure that will not let us even cut from the most the Congress. Now my friends on the those who call realize what would be obvious sources. I would like to let other side of the aisle are trying to eliminated if we were to adopt this them know, and the other Members, let take it away. Today’s debate is laced amendment. them know what PBS does not want with irony because to millions of Just let me enumerate those. What you to know, Big Bird is a billionaire. Americans there is simply no debate this amendment does to make up the What they do not want you to know over how important public broad- 100 million for CPB is takes $58 million is that the marketing rights for Ses- casting is to them and their children. out of the Department of Labor. For ame Street and Barney total $1.3 bil- It is an educational and cultural en- what purpose? Employment and train- lion. Merchandise from PBS can be richment to our whole society, and it is ing and administration, training and found in every toy store across Amer- a success story of which we can be employment services. Takes away from ica, and yet that money does not ap- proud. I urge that we adopt the amend- young people’s training opportunities. pear on the Corporation for Public ment which actually should be $200 That is extremely important in today’s Broadcasting’s balance sheet. Ameri- million, instead of $100 million, be- world, where we have 32 percent of our cans should be shocked. cause that is the amount that has been high school graduates, not graduates, This is the height of absurdity, a cut over here. 32 percent of our high school students massive corporation shielding its prof- I urge my colleagues to adopt the that do not graduate. its so that it can continue to feed at amendment. I commend the authors, That is a national statistic. And we the Federal trough. Where is the Demo- the gentleman from Wisconsin (Mr. offer programs here, GEDs, training, cratic outrage at this? If this were a OBEY), the gentlewoman from New all kinds of things to give them a Fortune 500 company, we would be York (Mrs. LOWEY), and the gentleman chance later on as they realize their hearing breathless condemnations from from Iowa (Mr. LEACH) for their amend- mistake in not finishing high school. the other side. But there is actually ment. But this would take away, this more. The average household income of The amendment should not have been amendment would take away from the a listener of NPR is approximately needed. But the House can cure the Department of Labor employment and $75,000. Guess what? This means the mistakes of the Appropriations Com- training administration services, $58 taxpayers are being soaked so that the mittee by adopting the amendment by million. So that means some young affluent people can get their news com- an overwhelming vote. Public broad- man and some young woman across mercial-free. casting is a highly valued national in- this Nation who suddenly realize how This debate shows that many people vestment. It generates extraordinary important it is to their future and to have truly met a government program returns for local communities across their country and to their community they could not cut. Mr. Speaker, Big our Nation. It preserves the highest and to their family that they get addi- Bird is strong enough to fly on his own. quality programming and commitment tional training would not have that op- If we cannot get this billionaire off the to public service. portunity so that we can have public public trough, than I ask how can we Public broadcasting must remain not broadcasting. ever hope to cut spending. only fully funded but insulated from Now, I point out that only 15 percent Mr. LEWIS of California. Mr. Chair- political pressures which are now being of the money that provides for the Cor- man, will the gentlewoman yield? placed upon it. Every Democratic poration for Public Broadcasting comes Ms. GINNY BROWN-WAITE of Flor- Member of the Committee on Energy from the Federal Government. And it ida. I yield to the gentleman from Cali- and Commerce recently signed a letter has been pointed out that this would fornia. in support of restoring full funding to eliminate a number of these programs. Mr. LEWIS of California. Mr. Chair- the Corporation for Public Broad- But I would point out that Elmo and man, I appreciate the point that is casting, including funding for the dig- Big Bird and the Lions all make a lot being made. I think the listening pub- ital conversion and an upgraded sat- of money, as was brought to our atten- lic, the interested public, should know ellite interconnection system. tion earlier today. that the Federal funding for programs Some of these vital items remain ze- And they have opportunities to raise like Sesame Street, the popular chil- roed out. But I hope we can rectify a lot of funds. All of us have seen the dren’s programs, frankly only 2.5 per- those matters later. Mr. Chairman, fund-raising. But we do not see fund-

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.071 H23JNPT1 H5042 CONGRESSIONAL RECORD — HOUSE June 23, 2005 raising out there to give young people They are important to the young peo- all this does is to reduce funding for a new opportunity to be retrained so ple who are my neighbors and friends. pilot and demonstrations in the depart- that they can be employed. So let us And given the fact that the Corpora- ment from $74 million in the com- not take that away. Another item that tion for Public Broadcasting has the mittee bill to $16 million. It still leaves this would take away: the Department ability to raise a lot of money, has the a significant amount of money in this of Labor salaries and expenses. ability to fund the development of pro- account. We need people at the Department of grams like Elmo and Big Bird. Go into This is an area where the committee Labor to manage the programs, to en- a store, you will see a lot of these itself has indicated that they do not sure that workers’ safety is taken care things on sale. I know that they have sufficient information from the of, to ensure that workers’ rights are produce a lot of profit for those that agency to even know how they are protected. We are not going to have a sell them. spending that money. So it seems to fund-raising program to do that, as can So let me say to my colleagues me that we are simply following the be the case with public broadcasting. today, when you cast this vote, keep in committee shot across the agency bow. Third item. Takes away from the De- mind that you are trading off to give With respect to the Labor Depart- partment of Health and Human Serv- CPB more money, that they are very ment, departmental management, this ices, health resources and services ad- successful in raising money in the pri- essentially cuts the increase over last ministration, health resources and vate sector; you are trading off against year for departmental management, services, $2.9 million. that all of these educational opportuni- excluding the International Labor Af- Well, what is important to the people ties that will be limited to the tune of fairs Bureau. Large amounts of money in this Nation is health: health re- $100 million total. in that department are being spent for search, health management; NIH. Keep activities that are clearly not author- b 1400 in mind that the National Institutes of ized, and some procurement practices Health and the Centers for Disease Members should weigh which is more now being exercised by the agency do Control are both part of the Depart- beneficial to the constituents we rep- not meet the standards that we will ment of Health and Human Services. resent. want to have to defend in public. We do not do fund-raising for them. Mr. Chairman, I reserve the balance With respect to HRSA program man- But we are going to take the money of my time. agement, I cannot believe any objec- away, or propose to take it away, for Mr. OBEY. Mr. Chairman, how much tion is being made to the reduction in the public broadcasting where they remains on both sides? this account. The bill itself eliminates have lots of opportunity to raise The CHAIRMAN. The gentleman 11 programs in HRSA. If all of these money in the private sector. from Wisconsin (Mr. OBEY) has 7 min- programs are going to be eliminated, Fourth item that is taken away by utes remaining. The gentleman from certainly there are fewer bodies that this amendment, that would be re- Ohio (Mr. REGULA) has 3 minutes re- are needed to manage them, and this is duced, is the Department of Education, maining. simply consistent with the pro- higher education. $27 million would be Mr. OBEY. Mr. Chairman, I yield for grammatic actions already taken by taken out of the Department of Edu- the purpose of making a unanimous the committee. cation to fund the Corporation for Pub- consent request to the gentleman from With respect to the funds for the im- lic Broadcasting. We have heard a lot Connecticut (Mr. SHAYS). provement of education, this amend- of discussion today how important it is (Mr. SHAYS asked and was given per- ment merely trims the additional fund- to have higher education, Pell grants, mission to revise and extend his re- ing provided in the committee over the not enough. We have heard other items marks.) administration’s request for this item. are not enough; and yet here we are Mr. SHAYS. Mr. Chairman, I rise in None of these items are going to have proposing, in an amendment, to take support of the Obey-Lowey-Leach any significant impact on the accounts away $27 million that is vital to the fu- amendment. involved. ture of young people in higher edu- Mr. Chairman, I rise in support of the Obey/ Mr. Chairman, I reserve the balance cation programs. Lowey/Leach amendment to H.R. 3010, the of my time. Lastly, Department of Education, Labor, Health and Human Services and Edu- Mr. REGULA. Mr. Chairman, I yield program administration, $8 million- cation Appropriations Act of 2006. 2 minutes to the gentleman from Indi- plus. Someone has commented today This amendment would restore the $100 ana (Mr. PENCE). that we originally wanted to get rid of million that this bill cuts from the Corporation (Mr. PENCE asked and was given per- the Department of Education. But we for Public Broadcasting, CPB. mission to revise and extend his re- are not. We have a great number of I support CPB, NPR and PBS because they marks.) programs here in the Department of provide Americans of all ages with a broad Mr. PENCE. Mr. Chairman, I thank Education to improve teacher quality, range of valuable programmIng. the gentleman for yielding me time. principals, to improve opportunity for CPB helps fund local stations all across More importantly, I thank the chair- young people, to provide, through the America, and if we implement these cuts, the man for bringing fiscal discipline and TRIO and through the other programs impact on local services, community support leadership to the appropriations proc- of that type, an opportunity to provide and vital programming will be significantly ess. for the historically black colleges. All damaging. I rise today not so much as a Member of this money has to be administered. Local public broadcasting stations are lead- of Congress from Indiana but as the And this would take away the money ers in education, news and information, and chairman of the largest caucus in the to do part of that. So I want to say to are attracting growing numbers of listeners as House of Representatives. The Repub- all of my colleagues, I realize all that they air unique programs. lican Study Committee boasts over 100 you have been getting in the way of Restoring the $100 million cut will allow members, men and women who are phone calls; but I dare say that if you CPB to continue funding the important com- committed to fiscal discipline and tra- said to those that call you, well, if we munity service contributions of local public tel- ditional moral values. And so when the do what you are requesting me to do, evision and radio stations. gentleman from Ohio (Chairman REG- would you be willing to eliminate the I support this amendment and encourage ULA) brings to the floor a Labor-HHS Department of Labor training services; my colleagues to do so as well. appropriations bill that makes the the Department of Labor management; Mr. OBEY. Mr. Chairman, I yield my- tough decisions to put our fiscal house department of Health and Human Serv- self 2 minutes. in order, I have to rise, even on a con- ices resources; Department of Edu- Mr. Chairman, I cannot believe some troversial issue like Big Bird, to stand cation higher education, and so on, I of the comments I have just heard from with this chairman and to thank him. suspect that, if they were given the my good friend, the gentleman from The stakes are high; $7.7 trillion is choice, that they would say, oh, wait a Ohio (Mr. REGULA). the current running money on the na- minute, these are important to us. Let me simply say with respect to tional debt. According to CBO, our fis- They are important to my family. the offsets we have in this amendment, cal 2004 national deficit number is $413 They are important to my community. with respect to the Labor Department billion. In order to bring this bill in

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.076 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5043 and to keep discretionary spending ners would be completely cut, at least 40 jobs So why does the majority want to cut this below last year’s level, this legislation would be lost, and in addition the indirect im- funding? They say it’s to reduce the deficit. literally eliminates 57 programs en- pact of cuts would affect nation-wide pro- What they are ensuring is a deficit of edu- compassed in this bill and asks many graming like Great Performances, Wide Angle, cation, information, and analytical thinking. programs to accept up to a 50 percent and the Newshour with Jim Lehrer, and of Does the majority expect the American peo- cut. Asking the Corporation for Public course Sesame Street, as we’ve heard so ple to take their argument seriously? Broadcasting that receives only 15 per- much about today. Already this year the majority has rammed cent of its funding from the Federal With its gold standard historical and cultural through a $290 billion tax cut for the country’s Government to accept what amounts programming, PBS captures the culture and wealthiest families and an energy bill larded to a 22 percent reduction as we attempt history of America. As we Americans face vast with billions for oil and gas producers. None of to put our fiscal house in order is rea- new challenges in a post-9/11 world, PBS these costs are accounted for in their budget. sonable and responsible and precisely helps us to understand who we are and where And now we’re going to plug the budget def- that which the American people elect- we have been—and to help us to see where icit by cutting Sesame Street? ed the Republican majority to do. we’re going. Mr. Chairman, the argument for these cuts We have no higher stewardship, no It is imperative that we restore CPB funding are ridiculous. We should reinstate the budget higher calling than to come onto this to ensure PBS’s ability to continue to serve for public broadcasting. Vote for the Obey floor and into this Chamber and make our country and our local communities in this amendment. the tough decisions. And put in the vital role. Mr. OBEY. Mr. Chairman, I yield 2 context of recognizing that the Cor- The Acting CHAIRMAN. The gen- minutes to the distinguished gen- poration for Public Broadcasting re- tleman from Ohio (Mr. REGULA) has 1 tleman from Massachusetts (Mr. MAR- ceives 85 percent of its funding from minute remaining. The gentleman KEY), ranking member on the sub- sources beyond the Federal Govern- from Wisconsin (Mr. OBEY) has 5 min- committee with jurisdiction in this ment, in the context of its overall utes remaining. matter. Mr. OBEY. Mr. Chairman, I yield 1 budget we are simply asking them to Mr. MARKEY. Mr. Chairman, I rise minute to the gentleman from Iowa do with 4 percent less. in strong support of the Obey-Lowey- (Mr. LEACH). I rise in opposition to the amend- Leach amendment. Mr. LEACH. Mr. Chairman, I think To the Republicans: Keep your hands ment. I stand in strong conservative by perspective we should understand support of the gentleman from Ohio off of Big Bird. Sesame Street is bal- that there is no possibility all Ameri- anced. Big Bird is there, but so is Oscar (Chairman Regula) and his desire to cans can agree all the time or appre- make the tough decisions and put our the Grouch to represent the Republican ciate equally all aspects of the Amer- point of view. So every program has a fiscal house in order. ican arts. But what we all can do is re- Mr. OBEY. Mr. Chairman, how much balance to it. spect honesty and quality and first time remains? But Ken Tomlinson, this new Repub- amendment rights. And it is these The Acting CHAIRMAN (Mr. lican head of the Corporation for Pub- qualities exercised in an uplifting, non- GILLMOR). The gentleman from Wis- lic Broadcasting, has decided that divisive way that public broadcasting consin (Mr. OBEY) has 5 minutes re- there is a problem with public tele- symbolizes. So I again urge my col- maining. vision and he has gone out to find the Mr. OBEY. Mr. Chairman, I yield for leagues to support this amendment. problem. And when he looks in the mir- Mr. OBEY. Mr. Chairman, I yield for the purpose of making a unanimous ror the problem is he. the purpose of making a unanimous consent request to the gentlewoman We are out here today because Ken consent request to the gentlewoman from New York (Mrs. MALONEY). Tomlinson has now opened the flood- from California (Ms. ESHOO). gates of criticism for a network which (Mrs. MALONEY asked and was given (Ms. ESHOO asked and was given per- in polling is recognized as the most re- permission to revise and extend her re- mission to revise and extend her re- spected network in America. And after marks.) marks.) Mrs. MALONEY. Mr. Chairman, I rise Ms. ESHOO. Mr. Chairman, I rise in national security, in polling decided by in strong support of the Obey amend- strong support of the Obey amendment. the American people, it is the Federal ment. Mr. Chairman, I rise in support of this program they like most after the De- Mr. Chairman, I rise in strong support of the amendment because it is our only chance to fense Department. But the Republicans Obey-Lowey-Leach amendment to restore restore the $100 million that have been cut and Ken Tomlinson today have named funding to the Corporation for Public Broad- from public broadcasting. the former co-chairwoman of the Re- casting. Mr. Chairman, the cuts to the Corporation publican National Committee to be the PBS is exceptional because it’s local. Unlike for Public Broadcasting in this bill are stun- new head, the new President of the the mammoth international media conglom- ningly shortsighted. Corporation for Public Broadcasting. erates that dominate commercial TV, who an- At a time when we’re all concerned about So Tomlinson’s answer to the ab- swer only to their shareholders, the 348 PBS the lack of decent programming on television sence of political balance is to name stations are locally owned and operated—ac- and radio, public broadcasting offers con- the Republican co-chair of their na- countable to the local communities they serve. sistent quality. tional committee. That is all you have The bulk of CPB funding—67 percent—goes Yet the majority is cutting 46 percent from to know about what the Republican directly to local stations, allowing them to the budget that supports the broadcast of pro- Party is doing here on the House floor serve their communities with the excellent and grams like the News Hour with Jim Lehrer and today. highly valued programming that is the hallmark National Public Radio’s All Things Considered, Here is what public television is from of PBS. This cut will slice between 30–40 per- as well as documentary programs like The 6 a.m. in the morning on, for 12 hours cent out of most stations’ overall budgets. American Experience. in a row: It is Zoom; it is Maya and My district in New York is served by PBS The majority also completely eliminates the Miguel; it is Arthur; it is the channel Thirteen/WNET. If this cut to the Cor- program that helps fund Sesame Street, Ar- Berenstein Bears; Clifford the Big Red poration for Public Broadcasting is passed, thur, Between the Lions, and other broadcasts Dog; Dragon Tales; George Shrinks; Thirteen’s budget would be cut by as much as that help prepare children for school. Barney and Friends; Sesame Street. $5 million. I want to be very clear about what For parents concerned about what their chil- Until you hit 6 o’clock, when it is the that means for my constituents: A substantial dren are exposed to on television, what are News Hour with Jim Lehrer. It is number of local programs produced entirely the alternatives to PBS’s educational shows? NOVA. It is The American Experience. out of discretionary funding would be elimi- In looking at the television section of the They are attacking the Children’s nated. These are programs like New York Washington Post, here are some of the tele- Television Network. They are turning Voices, Inside Albany, REEL New York, Wom- vision section of the Washington Post, here CPB from Corporation for Public en’s History Month, Cantos Latinos, Harmony are some of the programs running opposite Broadcasting into Corporation for Po- & Spirit: Chinese Americans in New York, Ko- Sesame Street: Jerry Springer, Divorce Court, litical Boondoggle. That is the whole rean-American Spirit, The Irish in America, Maury, Texas Justice, Judge Hatchett, Judge agenda that they have here today. and New York Kids, outreach service pro- Joe Brown, Family Feud, Guiding Light and Mr. REGULA. Mr. Chairman, how grams to schools and other community part- General Hospital. much time do I have remaining?

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.080 H23JNPT1 H5044 CONGRESSIONAL RECORD — HOUSE June 23, 2005 The Acting CHAIRMAN. The gen- This budget cut hurts our children and the would have suffered a 44.4 percent or tleman from Ohio (Mr. REGULA) has 1 least fortunate in our community the most. $679,049 cut of its funding. These amounts minute remaining. The gentleman PBS is especially critical for low-income Amer- translate to severe loss in operating budget for from Wisconsin (Mr. OBEY) has 21⁄2 min- icans who may not be able to send their chil- these stations. utes remaining. dren to preschool. For millions of Americans, Relative to the State of Texas, over Mr. OBEY. Mr. Chairman, I yield for PBS programs like Sesame Street and Read- $6,263,296 or 42.8 percent of its funding the purpose of making a unanimous ing Rainbow are the only educational re- would have been cut under the bill as drafted. consent request to the gentlewoman sources available to their children. PBS pro- For the reasons stated above, Mr. Chair- from Florida (Ms. CORRINE BROWN). grams produce the most popular videos used man, I fully support the Obey amendment. (Ms. CORRINE BROWN of Florida by American teachers in the classroom. Mr. OBEY. Mr. Chairman, I yield 1 asked and was given permission to re- According to a recent poll, 82% of the public minute to the gentleman from Oregon vise and extend her remarks.) thinks money given to PBS is money well (Mr. BLUMENAUER). Ms. CORRINE BROWN of Florida. spent. But if this amendment doesn’t pass, Mr. BLUMENAUER. Mr. Chairman, I Mr. Chairman, I rise in support of the PBS affiliate WFYI in my district will lose $1 thank the gentleman for yielding me time. Obey amendment and also the 81 per- million, or 1⁄3 of the entire payroll for a station I am a little tired, frankly, about cent of the American people who said that reaches over a million households and hearing how wealthy Big Bird is. Your the Republican-controlled Congress is 500,000 viewers every week. This is unac- own witnesses here indicate that a very out of tune with their values and this ceptable. small amount of the money that we are is a perfect example. But even more unacceptable is the threat talking about here goes to Sesame Once again, the Republicans are out of step this poses to the community services that Street and Big Bird. with mainstream America. This fact is made WFYI provides on a daily basis to people in The money goes where you are cut- evident in the recent CBS poll taken that my district. ting: the infrastructure. Big Bird will showed that the Republican dominated Con- It provides workshops in day care centers be around, but many small stations gress’ popularity is hovering around 30 per- for the most disadvantaged in Indiana. will not. We will lose the ability to cre- cent, an outright embarrassing figure. For millions of Americans, PBS programs ate more ‘‘Big Birds’’ in the future. Public broadcasting is extremely important, like Sesame Street and Reading Rainbow are And it may well be to the point that as and should not be simply ignored by conserv- the only educational resources available to you slowly starve the infrastructure atives here in Congress. For millions of par- their chIldren at home. ents, public broadcasting represents a chil- But WFYI also helps prepare low-income for public broadcasting, that the only dren’s television network of amazing excel- pre-schoolers for the first grade. way Big Bird will be watched is on a lence and value. At a cost of just over $1 per My hometown station sponsors over 400 commercial station, on a cable station year per person, what parents and children volunteers who read to more than 2,000 Hoo- with commercials on it. But where are we going to provide get from free, over-the-air public television and siers who can’t see the printed word. And the other educational elements? Al- public radio is an incredible bargain. there’s much, much more. ready there are a whole range of items Now, I say to my colleagues, we are talking Mr. Chairman, this station is not the excep- here that you are ignoring, and you are about a corporation (The Corporation for Pub- tion. It is the norm. These services are the undermining the fabric of that public lic Broadcasting or CPB) that is a taxpayer- most threatened by this budget cut. No other station infrastructure that allows it to funded agency that provides critical dollars to broadcaster will ever offer the same level of be seen in the first place. public broadcasting across the country, and is community service that public television pro- Ask your local stations about the im- considered by many, if not most of America, to vides. pact of what you are doing to their be a ‘‘highly reliable source of information.’’ Let us pass the Obey amendment and re- ability for people to be able to watch I remember when I first came to Congress, store full funding for public broadcasting. and Speaker Newt Gingrich had a similar plan, Mr. OBEY. Mr. Chairman, I yield for this quality programming. Mr. OBEY. Mr. Chairman, how much which was to ‘‘zero out’’ public broadcasting the purpose of making a unanimous time remains on each side? altogether. At that time, just as they are doing consent request to the gentlewoman The Acting CHAIRMAN. The gen- now, the Republicans were claiming that there from Texas (Ms. JACKSON-LEE). tleman from Wisconsin (Mr. OBEY) has was an extreme liberal bias in the program- (Ms. JACKSON-LEE of Texas asked 11⁄2 minutes remaining. The gentleman ming. And then, as now, they tried to do away and was given permission to revise and from Ohio (Mr. REGULA) has 1 minute with the programming, but more practical extend her remarks.) remaining. voices prevailed and the funding was eventu- Ms. JACKSON-LEE of Texas. Mr. Mr. OBEY. Mr. Chairman, I yield for ally restored. So here once again, led by Ken- Chairman, I enthusiastically support the purpose of making a unanimous neth Tomlinson, the Republican who is now the Obey amendment to restore PBS consent request to the gentlewoman chairman of the corporation, the Republican funds. from California (Ms. WOOLSEY). Party wants to move PBS to the right wing of Mr. Chairman, I rise in support of the (Ms. WOOLSEY asked and was given the political spectrum, and at the same time amendment offered by the gentleman from permission to revise and extend her re- streamline their funding. I say to them that, Wisconsin, Mr. OBEY, that seeks to prevent marks.) along with Representative OBEY, I emphati- the use of funds in H.R. 3020 to carry out the Ms. WOOLSEY. Mr. Chairman, I rise cally will fight to have this horrific cut in fund- recission of the ‘‘Corporation for Public Broad- in support of the Obey amendment. ing restored, and strongly support this amend- casting.’’ This recission would have amounted Mr. Chairman, now we’ve heard it all. The ment. to a 45 percent cut to local Public Radio and Majority in the House has attacked the poor ANNOUNCEMENT BY THE ACTING CHAIRMAN Television stations in FY 2006. and the sick with their cuts to Medicaid; they The Acting CHAIRMAN. Members Under the legislation as drafted, rural sta- have given away billions of dollars in tax recognized for unanimous-consent re- tions and those serving minority populations breaks to corporations and the rich, and now quests should not embellish such re- would suffer greatly with respect to their oper- they want to string up Big Bird. quests with oratory. ating budget. The grants that fall under the ac- The Drastic cuts that this bill will inflict on Mr. OBEY. Mr. Chairman, I yield for count affected comprise anywhere from 15 to the Corporation for Public Broadcasting are the purpose of making a unanimous- 85 percent of their budgets. Most stations dangerous to our freethinking and diverse so- consent request to the gentlewoman would be forced to layoff employees, to shut ciety. Public Broadcasting provides a forum for from Indiana (Ms. CARSON). down local production—which would include groups who otherwise would not be heard and (Ms. CARSON asked and was given local public affairs programs—and to cut back provides underserved areas with quality pro- permission to revise and extend her re- on local outreach. Mr. Chairman, public tele- gramming. marks.) vision is the backbone of mass media commu- It helps to teach our children with the best Ms. CARSON. Mr. Chairman, I rise in nications for most of the minority population— educational programs on television like Ses- support of public broadcasting. which includes in large part, our children who ame Street and Arthur. These shows not only Mr. Chairman, the Corporation for Public need guidance and education. help our children learn, but also motivate them Broadcasting provides an essential public In Houston, to be specific, KUHF–FM would to turn off the TV and pick up a book to read service and we ought to pass this amendment have suffered a cut of 46.4 percent or about their favorite characters featured on to restore funding for a program that works. $228,197 of its funding. Similarly, KUHT–TV these shows.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 7634 Sfmt 9920 E:\CR\FM\K23JN7.086 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5045 Publc broadcasting is a favorite source for In Arlington, WETA, an invaluable FM and public radio; and, of course, my family reliable information for Americans. Shows like television station that serves us in Northern members like Elmo and Big Bird and Now and The Newshour are trusted by Ameri- Virginia and Washington, DC, estimates that Between the Lions. cans to give them the straight story about cur- the proposed cuts will result in the loss of $1.6 I do not have a closed mind on this rent events in our world. By cutting funding to million. Like most stations, WETA operates on subject. I am sure it will come up in the Corporation for Public Broadcasting we a limited budget and the magnitude of this cut conference in making agreement with are attacking our strongest source of unbi- threatens the cancellation of programming the other body; but let me say to my ased, diverse, and cultured programming such as ‘‘Talk of the Nation’’, ‘‘Seasame colleagues, right now you are choosing available. Street’’ or ‘‘Marketplace.’’ I’m even more afraid between public television, and we pro- These proposed cuts are just another step for rural radio and television stations that are vided $300 million in the bill, keep in in the Bush Administration’s agenda to dis- even more reliant on public funding. mind there. We are not taking it all mantle Public Broadcasting and silence one of America won’t accept a cut in these serv- away. There is $300 million there. This the last objective voices in American media. ices. The harm they would do to children’s is only 25 percent of this that we are The President’s recent attempts to politicize education and the marketplace of ideas out- talking about. PBS by bringing in a partisan activist to be weighs what little effect these cuts would have On the other side of the scales, you President of the Corporation for Public Broad- in the reduction of government spending. The are going to hurt employment and casting are shameful. Ameircan people understand we have a robust training for young people. You are I urge my colleagues to support the Obey economy today. These cuts in programming going to hurt the Department of Labor. amendment to restore the funding it needs are to pay for the tax cuts we’ve enacted over You are going to hurt the Department and protect the Corporation for Public Broad- the last 5 years for the wealthiest among us. of Health and Human Services that casting as a powerful voice of the people. If anything, we demand an expansion of provides the Centers for Disease Con- Mr. OBEY. Mr. Chairman, I yield for public broadcasting. We want more program- trol, that provides the National Insti- the purpose of making a unanimous ming that promotes detail, diversity, and bal- tutes of Health on health research. You consent request to the gentleman from ance. We need programs that take creative are going to hurt the Department of Virginia (Mr. MORAN). risks to engage the public in thoughtful dis- Education and their higher education (Mr. MORAN of Virginia asked and course. programs and their departmental man- was given permission to revise and ex- I urge my colleagues to support the Obey- agement. tend his remarks.) Lowey-Leach Amendment and restore funding I think when we put it on the scale, Mr. MORAN of Virginia. Mr. Chair- for the CPB. Do it for your own children. on one side is public television, we are man, I rise in very strong support of Mr. OBEY. Mr. Chairman, I know the giving them $300 million in this bill. this amendment in support of public gentleman from Ohio (Mr. REGULA) has They have the capacity to raise a lot of broadcasting. the right to close. How much time do I Mr. Chairman, I rise today in support of the money in the public sector. On the have remaining? other side of the scale are young people Obey-Lowey-Leach Amendment that would re- The CHAIRMAN. The gentleman coup full funding for the Corporation of Public that need an opportunity for job re- from Wisconsin (Mr. OBEY) has 11⁄2 min- training, that need an opportunity to Broadcasting for Fiscal Year 2006 because it utes remaining. will maintain the highest quality programming participate in the American Dream. Mr. OBEY. Mr. Chairman, I yield my- Those Departments have no ability to available to the American people today. self such time as I may consume. The Labor-HHS Appropriations Act before go out and raise money as does the Mr. Chairman, let me say the choice Corporation for Public Broadcasting. us today will eliminate $100 million in Federal before the House is simple. I think the funding for the CPB. I urge my colleagues to vote against American people recognize that public this amendment. It is not the last word This bill will eliminate existing funding ear- television and public radio are both na- marked for interconnecting local stations and on this subject, but understand the tional treasures. I think also that we trade-offs that I think are very dam- the transition to digital broadcasting—both all recognize that there has been a sys- necessary modernizations to carry public aging to young people and their oppor- tematic attack on both for quite some tunities in terms of higher education broadcasting through this century. Money to time. fund these improvements will be taken from and job retraining. What is before us today is a very sim- Mr. HOLT. Mr. Chairman, I rise today in general operating expenses, further limiting ple choice. We can either stand with public broadcasters’ resources. support of the Obey-Lowey-Leach amend- those who are determined to see to it ment, which restores the full, previously appro- Public broadcasting provides unique pro- that public radio and public television gramming not found on major broadcast sta- priated level of funding to the Corporation for continue to function reasonably effec- Public Broadcasting, or CPB. As someone tions or cable television. Its programming aims tively, or we can take an action today to increase awareness, provide multiple view- who has contributed personally to both NPR which will gut the ability of many of and PBS, the committee’s scant proposal for points, treat complex social issues completely, the stations to continue to produce and provide objective forums for deliberation. CPB funding comes as a supreme disappoint- quality programming and meet the ment. Public broadcasting serves no partisan mas- needs of local areas. ter. Public television and radio stations are lo- It is the most ‘‘fair and balanced’’ program- b 1415 cally controlled. The primary mission of the ming available. Its listening audience, polls Some objection has been raised to Corporation for Public Broadcasting is to en- have shown, is 1⁄3 liberal, 1⁄3 conservative, and the offsets. The fact is, under the budg- able those local stations to remain inde- 1⁄3 middle of the road politically. et resolution, tough choices are re- pendent and free of advertising by providing a Newt Gingrich tried to zero out public broad- quired. You cannot get the offsets out guaranteed, content-independent source of casting subsidies 10 years ago. He acknowl- of thin air. These offsets do as little funding. For this reason, the Corporation’s edged before an audience recently an ironic damage to management accounts as is funding is set 2 years in advance. Mr. Chair- evolution. He listens to NPR every morning humanly possible. If anyone does not man, I hope my colleagues can keep that in now as he drives to work. like the offsets involved, then I would mind: the funding that the Obey-Lowey-Leach While most television programming provides suggest they amend the budget resolu- amendment seeks to restore has already been few outlets targeted and appropriate for young tion so that we do not have to provide passed. In 2003, I voted along with 241 of my children, public broadcasting offers families them. colleagues to appropriate $400 million for the unparalleled excellence and value. Whether it But the choice is very simply: Are Corporation for Public Broadcasting in fiscal is Sesame Street or Reading Rainbow, public you going to support public broad- year 2006. That the committee now seeks to programs have taught generations of children casting or are you not? And the vote override the will of the whole House is simply practical grammatical and arithmetic skills will tell the tale. unfair to the stations and their viewers. while expanding their imagination and cre- Mr. Chairman, I yield back the bal- Each week, more than 80 million people ativity. At a cost of just over $1 per year per ance of my time. watch PBS. Without even counting the 30 mil- person, what parents and children get from Mr. REGULA. Mr. Chairman, I yield lion who listen to NPR during that same pe- free, over-the-air public television and public myself the balance of my time. riod, that’s a minimum of 80 million Americans radio is an incredible bargain and a national Mr. Chairman, let me say, reiterate, who ask us each week to support this amend- asset. I am a fan of public broadcasting and ment. They may not leave their family rooms,

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 7634 Sfmt 9920 E:\CR\FM\A23JN7.020 H23JNPT1 H5046 CONGRESSIONAL RECORD — HOUSE June 23, 2005 they may not pick up the phone, but make no phasis on the positive aspects of American that the future looks bright for public broad- mistake: they’re voting with their remote con- culture. Too often modern entertainers glorify casting and that Congress is appreciative and trols. Each and every week, they’re telling us the worst of our society and it is imperative supportive of their excellent work. I strongly how they feel. that we counter that influence with the positive urge my colleagues to support this amend- Opponents of CPB funding regularly claim shows found on PBS and NPR. ment and restore funding to the Corporation that Federal funding cuts will have no signifi- I urge my colleagues here today to rise up for Public Broadcasting. cant effect on public programming, and that in support of CPB, wholesome broadcasting The Acting CHAIRMAN (Mr. public television can easily absorb any funding and family values by rejecting these cuts to GILLMOR). The question is on the cut. But look at the facts: the Corporation for CPB. amendment offered by the gentleman Public Broadcasting provides critical, irreplace- Mr. CLEAVER. Mr. Chairman, for years, the from Wisconsin (Mr. OBEY). able support to some of public television’s Corporation for Public Broadcasting has pro- The question was taken; and the Act- most popular programs. Had the proposed vided countless Americans of all ages with ing Chairman announced that the noes funding cuts been enacted for the current high-quality, innovative programming. appeared to have it. year, they would have caused a 20 percent But today, House Republicans have re- Mr. OBEY. Mr. Chairman, I demand a drop in funding for Reading Rainbow. A 20 newed their efforts against public broadcasting recorded vote. percent drop in funding for Sesame Street. A by reducing funding to the Corporation for The Acting CHAIRMAN. Pursuant to 54 percent drop in funding for Mister Rogers. Public Broadcasting by $100 million. That is a clause 6 of rule XVIII, further pro- A 27 percent drop in funding for NOVA, and 25 percent reduction in funding and would ceedings on the amendment offered by a 27 percent drop in funding for the have a devastating effect on public television the gentleman from Wisconsin (Mr. NewsHour, to which millions turn each night and public radio. If enacted, public broad- OBEY) will be postponed. for balanced news coverage. And opponents casting stations in Kansas City, Missouri serv- Mr. OBEY. Mr. Chairman, I move to call that ‘‘no significant effect’’? ing my Congressional District would stand to strike the last word. Under the No Child Left Behind Act, Con- lose over half a million dollars. Mr. Chairman, I do so to try to report gress established two public television pro- As a former radio talk show host on KCUR, to the House what is happening with grams designed to facilitate education and the Kansas City affiliate of National Public respect to a unanimous consent re- learning: Ready to Learn, and Ready to Radio, I understand the importance of public quest. Teach. Together, these two programs re- broadcasting. These days, commercial tele- The gentleman from Ohio (Chairman quested a total of $49 million for the coming vision and radio provides us with more infor- REGULA) announced to the House ear- budget year, which they would use to support mation about the runaway bride than the run- lier, and I concurred, that we are try- educational programming like Sesame Street, away budget, and more about the Desperate ing to make an attempt to get the Reading Rainbow, and Clifford the Big Red Housewives than the desperate lives of those House out today. We indicated that Dog. Rather than meet their request, the Ap- whose Medicaid has been cut. Public broad- would require a lot of cooperation from propriations Committee chose to rescind all casting has, for over 40 years, provided the both sides. 2006 funding from each of these programs, American people with the type of excellent I think everyone understands how which we established just 3 years ago. educational, cultural and news programming this bill is going to wind up. Much as I Mr. Chairman, these cuts are unwise. Entire that is rarely found on television. Whose chil- detest this bill and will vote against it, generations of children have grown up watch- dren didn’t grow up watching Big Bird, Arthur, it is not going to be changed very much ing Big Bird and Snuffleupagus; entire genera- or Clifford? between now and the time it finally tions have learned to love books while reading We cannot afford to lose this important na- reaches final passage. No amount of along with LeVar Burton; entire generations tional resource. So today, I will vote in favor fixing can fix this bill, in my view, be- have been taught to follow their dreams by of the Obey-Lowey-Leach amendment to re- cause of the inadequate allocation. Mister Fred Rogers and his characters. In an store the $100 million that was cut from public The problem we have is that despite age when more and more children are spend- broadcasting. I urge my colleagues to do the the gentleman from Ohio’s (Mr. REG- ing more and more time in front of the tele- same. ULA) best efforts and my best efforts vision, public TV is one of the very last cuts Ms. BORDALLO. Mr. Chairman, I rise today and that of our staffs, at this point, we can afford to make. For that reason, Mr. in strong support of the Obey-Lowey-Leach there are still some 20 Republican Chairman, and for all the reasons above, I amendment to H.R. 3010. This amendment amendments that people seem to be urge my colleagues to support the Obey- would restore $100 million that was cut from hell-bent on offering, and there are ap- Lowey-Leach amendment, and to restore full the Corporation for Public Broadcasting in proximately 27 Democratic amend- funding to the CPB. subcommittee earlier this month. Public broad- ments that people seem to be hell-bent Mr. TOWNS. Mr. Chairman, I rise today in casting is important for small communities on offering. absolute opposition to the proposed appropria- across the country, even all the way out in the If all of those amendments are of- tion cuts to the Corporation for Public Broad- U.S. Territory of Guam. Small public broad- fered, we will have to have at least 61⁄2 casting. casting stations like KGTF Channel 12 in hours of debate time. In order to finish The CPB has been funding, great American Guam are an important avenue for expression today, because of events beyond our treasures including PBS and National Public of local identity and community discussion. control, we have to be finished with de- Radio, free of political influence or favoritism. I am particularly concerned that the pro- bating by 4:30. Obviously, unless we get These entities have become staples of society posed cuts to the Corporation for Public a much greater sense of give, not only and to cut or diminish their badly needed fund- Broadcasting (CPB) may disproportionately af- will we be here tomorrow, we will be ing is plainly, wrong. fect the CPB’s commitment to quality program- here a long time tomorrow. Mr. Chairman, during a time in which this ming for minority communities through the Na- So if Members are serious about body claims to be the saviors of family values, tional Minority Consortia. For example, Pacific wanting to get out today, it would be I find it odd that it chooses to undermine pub- Islanders in Communications (PIC), which pri- nice if they recognized that that means lic broadcasting, which truly embodies family marily receives its funding from CPB, develops that we cannot dispose of 47 amend- values and clean programming. Pacific Island media content and talent that ments in 2 hours. The television and radio can be a precar- leads to a deeper understanding of Pacific Is- Mr. REGULA. Mr. Chairman, I move ious place for young and impressionable land history, culture, and contemporary issues. to strike the last word. minds. Without continued funding from CPB, PIC The gentleman from Wisconsin (Mr. Much of what is sent over the airwaves is would be unable to produce meaningful pro- OBEY) makes it very clear. We are try- unsafe for the development children. The ex- grams like Dances of Life or The Meaning of ing to eliminate some potential amend- cessive violence and sex that is often found Food that have given indigenous communities ments with colloquies, and I hope that on TV is alarming to parents who are con- in the Pacific a voice in our national conversa- some of the Members will consider stantly looking for a viable alternative to the tion on race and culture. This August, PIC will withdrawing their amendments. negative influences prevalent on television. be conducting a filmmaking workshop in We are making a real effort to try to Mr. Speaker, PBS has been that oasis and Guam to build a greater capacity for cultural finish it today; and with cooperation of refugee for families. Its educational and whole- expression in the video medium. all the Members, I think this can be ac- some programming allows parents and chil- As KGTF celebrates its 35th year broad- complished. As the gentleman from dren alike, to watch shows that place an em- casting in Guam, I hope to be able to tell them Wisconsin (Mr. OBEY) points out, I do

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.022 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5047 not think the bill will be changed much along with the President of the United Mr. FOSSELLA. Mr. Chairman, I in the final analysis by whatever States, committed itself to New York. yield 2 minutes to the gentlewoman amount of discussion we have. This has been appreciated. from New York (Mrs. MALONEY), my AMENDMENT OFFERED BY MR. FOSSELLA But sadly, what has happened is for colleague. Mr. FOSSELLA. Mr. Chairman, I many people who rushed into Ground Mrs. MALONEY. Mr. Chairman, I offer an amendment. Zero selflessly, not thinking of them- thank the gentleman for yielding me The Clerk read as follows: selves or their well-being, in an effort time, and I thank him and the gen- to rescue others who could have been ALSH Amendment offered by Mr. FOSSELLA: tleman from New York (Mr. W ) for Page 10, strike lines 3 through 7, and insert victim to that dreadful attack, they their commitment and work on restor- the following: became the heroes of our time. What ing these moneys; and I thank the gen- WORKERS COMPENSATION PROGRAMS has happened is many of those individ- tleman from Ohio (Chairman REGULA) uals who were injured immediately Of the amounts made available under this for agreeing to this colloquy. I know heading in chapter 8 of division B of the De- have been dealt with, whether it is that the rescission of 9/11 funds was not partment of Defense and Emergency Supple- worker’s compensation or providing for the gentleman’s idea and that he has mental Appropriations for Recovery from their health care; but there is that seg- been put into a difficult position with and Response to Terrorist Attacks on the ment of the population, those heroes, OMB; but we sincerely appreciate the United States Act, 2002 (Public Law 107–117), thousands of them perhaps, who rushed gentleman’s help. $50,000,000 shall be available for payment to into Ground Zero who are now discov- I would also like to thank the gen- the New York State Uninsured Employers ering the health effects of having to tleman from California (Chairman Fund for reimbursement of claims related to give almost their lives to rescue oth- the terrorist attacks of September 11, 2001 LEWIS) and, of course, the gentleman ers. from Wisconsin (Ranking Member and for reimbursement of claims related to We also know that it could be weeks, the first response emergency services per- OBEY), and all of my colleagues on both sonnel who were injured, were disabled, or months, or years before some of these sides of the aisle who responded with died due to such terrorist attacks, and side effects show up, perhaps a res- great commitment in helping New $75,000,000 shall be made available upon en- piratory problem, perhaps leg or arm York City with the recovery. actment of this Act for purposes related to injuries, that will only get worse over Finally, I need to mention the names the September 11, 2001 terrorist attacks, time. of some of the rescue workers who have with priority given to administer baseline What we intend to do today is to seek come here today to Washington to put and follow-up screening and clinical exami- the restoration of $125 million to this nations and long-term health monitoring, a human face on those who selflessly appropriations budget. We believe, in a gave of themselves on 9/11 and still analysis, and treatment for emergency serv- bipartisan way, that 9/11 is not over. ices personnel and rescue and recovery per- need our help. They are here with us Many, many people who thought noth- sonnel: Provided, That such amounts are today in the gallery. They are Marvin each designated as an emergency require- ing about giving of themselves for the Bethea; John Feal; Mike McCormack, ment pursuant to section 402 of H. Con. Res. sake of their fellow man are now just the rescue worker who literally found 95 (109th Congress), the concurrent resolu- coming to learn that they may need the flag on 9/11; John Sferarzo; Scott tion on the budget for fiscal year 2006. our help. Shields; and Ron Vega. These men re- Congress, rightly, responded to say Mr. FOSSELLA (during the reading). sponded selflessly to the largest emer- Mr. Chairman, I ask unanimous con- to New York, we will be there to help; we will continue in our efforts to en- gency of our time. They risked their sent that the amendment be considered lives to save others; and, today, they as read and printed in the RECORD. sure that happens. It is imperative that this at least $125 million be restored, are first responders once again, but The Acting CHAIRMAN. Is there ob- this time to save the health and com- jection to the request of the gentleman that the rescission that occurred be un- done; and it is, I think, paramount that pensation aid needed for their fellow from New York? workers at Ground Zero. They should There was no objection. we stand united to show and to dem- onstrate to anybody who rushed into be proud of the progress that we are Mr. REGULA. Mr. Chairman, I re- making here today, but there is still serve a point of order on the gentle- those burning buildings on 9/11, that this country will not forget the much more that needs to be done. man’s amendment. It has been reported that 10 times the The Acting CHAIRMAN. The gen- heroics, will not forget their efforts, and we will stand with them as long as claims have been turned down by work- tleman reserves a point of order. er’s compensation in New York State, Mr. REGULA. Mr. Chairman, I ask they need our help. Mr. Chairman, I reserve the balance and there is no question that there are unanimous consent that debate on this of my time. still many workers who need health amendment and any amendments Mr. REGULA. Mr. Chairman, I yield aid. Many of them are literally here thereto be limited to 15 minutes to be myself such time as I may consume. today trying to speak with my col- equally divided and controlled by the We understand the importance of leagues on both sides of the aisle about proponent and myself, the opponent. this, and originally we provided, that their need. The Acting CHAIRMAN. Is there ob- is, the government, the Federal Gov- I think it is absolutely an insult not jection to the request of the gentleman ernment, $175 million for this purpose; only to the 9/11 workers but to all from Ohio? but only a limited amount of that has emergency aid workers to deny them There was no objection. been spent in the last 21⁄2 years, to be the aid and compensation that they The Acting CHAIRMAN. The gen- exact, $51 million out of the $175 mil- need, especially those that were hurt tleman from New York (Mr. FOSSELLA) lion. In 2003, $44 million; in 2004, $6 mil- on 9/11. is recognized for 71⁄2 minutes. lion; in 2005, no money. We are asking for this money to be Mr. FOSSELLA. Mr. Chairman, I So what we are proposing is to re- restored. It was allocated. It was part yield myself 2 minutes. scind this and urging that it be re- of the commitment this country made First, I want to thank the gentleman appropriated as the needs arise to meet to helping New York and its workers from Ohio (Chairman REGULA) for not whatever challenges. I think there is a and its people recover, and I will say only the great work he does but also problem a little bit in the language in that the New York delegation is to- entertaining this, allowing us to sub- that the money cannot really address tally united on this in our effort to pre- mit this amendment and engaging in a the needs that are out there, and this is serve this money for the rescue work- colloquy. why a reappropriation or reauthoriza- ers and volunteers. We all know that September 11, 2001, tion would make it possible. Again, we thank all for their com- was many things. It was the worst at- I think all of us are in agreement mitment and hard work. tack in our country’s history. It was a that we want to provide the money. It Mr. FOSSELLA. Mr. Chairman, I devastating loss. Almost 3,000 individ- is just that the mechanics of it and yield 1 minute to the distinguished uals lost their lives. We are still recov- doing that are not appropriate at this gentleman from upstate New York (Mr. ering from the ravages of what hap- point. WALSH), who has really led the effort pened on that day; and after that, Mr. Chairman, I reserve the balance to secure the funding for New York bringing America together, Congress, of my time. since 9/11.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.099 H23JNPT1 H5048 CONGRESSIONAL RECORD — HOUSE June 23, 2005 Mr. WALSH. Mr. Chairman, I thank I rise in support of the Maloney amendment The fact is thousands of people have the gentleman for yielding time to me and thank my colleague from New York for come down with illnesses. Thousands and for his leadership on this really, her leadership on this issue. more probably will. It would be the really emotional and important issue When President Bush stood on the rubble of height of hypocrisy to rescind these for our State and our Nation. the World Trade Center, and when he sat in funds and not have these funds avail- In the ensuing Federal action, we the Oval Office with New York’s Congressional able for the medical treatment of these provided almost $21 billion to rebuild delegation almost four years ago, no one people whom we know are sick. And, New York City and to rebuild the lives doubted his promise to give our State and city unfortunately, we know more will get of these individuals. Less than $1 bil- the funds we needed to recover from the ter- sick, and the funds to treat those al- lion is going toward the health and rorist attack on our Nation. ready sick are not there. I urge adop- well-being of human beings. All the None of us could have imagined that we tion of this amendment. other $20 billion went to rebuild the would find ourselves here today, fighting to Mr. FOSSELLA. Mr. Chairman, I city. Of that, we are now being asked hold onto $125 million set aside for workers yield 30 seconds to the gentleman from to rescind $125 million that was not and responders who helped search for sur- New York (Mr. SWEENEY). spent on worker’s compensation vivors and assist victims in the aftermath of Mr. SWEENEY. Mr. Chairman, I rise claims. September 11. in full and strong support of this Today, I also met with some of these In my judgment, this Committee’s rescission amendment. I agree with the com- individuals. Some of them are sick. of $125 million appropriated by Congress for ments of colleagues in support of this They have mental health problems. New York State Worker’s Compensation amendment. I know that our great They have physical health problems. claims and related expenses breaks the Presi- chairman is working very diligently Some of them have no health insur- dent’s promise to New York. and hard to make sure that what I con- ance. We need to find a way, and I ap- The Office of Budget and Management has sider to be a mistake does not indeed preciate the gentleman from Ohio’s argued that these funds are no longer needed, happen. I think we all need to focus on (Chairman REGULA) statement about but nothing could be farther from the truth. a number of points. finding a way, because we do want this What we do know is that the health needs One of those points is this was de- money to be spent. We do not want to of September 11th responders continue to be cided by somebody at OMB in an effort leave any soldiers on the battlefield. great, and the federal response continues to to do a good thing, which was try to We do not want to leave any wounds be incomplete. save some money; but it was not well- unhealed. Since September 11, there have been ongo- thought-out. It overturns the intent of So with the gentleman from Ohio’s ing concerns about the injuries and chronic ill- this body and the intent of the other (Mr. REGULA) help as we go forward, I nesses sustained by first responders and body a couple of years ago. We ought think we can find a way to get this re- other individuals who worked or volunteered at not let that process continue. solved, and I thank the gentleman. the site in the weeks and months following the This is not just about New Yorkers. attack. This is about all of us. This is about b 1430 These men and women were exposed to the commitments we make. There were Mr. FOSSELLA. Mr. Chairman, I toxic materials, including asbestos, fiberglass, 40,000 volunteers who went to the site. yield 1 minute to the gentlewoman and PCBs, and many may not even exhibit They were from all over the Nation. We from New York (Mrs. LOWEY). symptoms or sickness for years to come. We need to honor that commitment. (Mrs. LOWEY asked and was given simply cannot rescind the funds to assist Mr. REGULA. Mr. Chairman, I yield permission to revise and extend her re- those victims before we even review the full myself such time as I may consume. marks.) needs of September 11 responders. Mr. FOSSELLA. Mr. Chairman, will Mrs. LOWEY. Mr. Chairman, I thank If any of these funds are not needed for the gentleman yield? the gentleman for yielding, and I thank workers compensation payments, then we Mr. REGULA. I yield to the gen- my colleagues for their commitment should redirect the money to supplement the tleman from New York. and work on restoring these monies. federal response to the ongoing medical Mr. FOSSELLA. Mr. Chairman, I un- None of us could have imagined that needs of September 11th responders. derstanding we are in tight fiscal we would find ourselves here today, When New York needed help, volunteers times. However, given the cir- fighting to hold onto $125 million set from New Jersey, Connecticut, Massachu- cumstances the workers face, will you aside for workers and responders who setts, Ohio, and even as far as Florida and work with me and my New York col- helped search for survivors and assist California—and the list goes on—came to aid leagues and others as we move towards victims in the aftermath of September the victims of this tragic attack. I hope you will conference and think creatively on this 11. join me in fighting to preserve the funds to as- issue and work with the administration In my judgment, the committee’s re- sist these individuals should they become ill to attempt to find a restoration of this scission of $125 million appropriated by as a result of their efforts in the aftermath of much-needed funding? Congress for New York State workers’ September 11th. Mr. REGULA. Mr. Chairman, I appre- compensation claims and related ex- I urge my colleagues to support this amend- ciate the gentleman’s comments and penses breaks the President’s promise ment. recognize this is a legitimate and im- to New York. The Office of Budget and Mr. FOSSELLA. Mr. Chairman, I portant issue that needs to be ad- Management has argued that these yield 30 seconds to the gentleman from dressed. The brave people who re- funds are no longer needed, but nothing New York (Mr. NADLER). sponded to the attacks on September 11 could be further from the truth. What Mr. NADLER. Mr. Chairman, the will always be remembered in the we do know is that the health needs of World Trade Center was in my district. hearts of Americans, and I recognize September 11 responders continue to be I have dealt with hundreds of first re- that they need additional help. great and the Federal response con- sponders who responded. The majority While there is concern about the dor- tinues to be incomplete. There have of all the first responders have now mancy of this funding over the last few been ongoing concerns about the inju- come down with respiratory ailments, years, and questions over whether or ries and chronic illnesses sustained by and yet the State has betrayed them not the needs match the available first responders and other individuals and we are betraying them because the funding, I am pleased to hear that the who work or volunteered at the site in insurance company that handles work- State of New York plans on starting an the weeks and months following the at- ers’ comp has contested the worker actuarial review to determine just how tack. The men and women were ex- comp claims at a rate of 10 times the much money is needed to address the posed to toxic materials, included as- normal rate of contest. And now we are problem. bestos, fiberglass, PCBs; and many may going to rescind the money? In light of the gentleman’s comments not even exhibit symptoms of sickness We have a hero who testified at a today, I will work with the gentleman, for years to come. hearing last week that he got awards the administration, and the other body We simply cannot rescind the funds for rescuing people, and then at the in an attempt to find ways of address- to assist those victims before we even workers’ comp hearing, they said he ing these workers’ needs as the bill review the full needs of September 11. was not even there. moves forward.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.102 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5049 Over the long term, I look forward to Tennessee for yielding and thank him mote research to improve and save kids examining the needs of 9/11 responders for his work on the Committee on Ap- lives in the areas of Down syndrome, in light of the actuarial review results, propriations to restore the HCAP fund- autism, vaccination, birth defects and and working with the gentleman from ing. infectious disease; but they are spend- New York (Mr. FOSSELLA) and col- The subcommittee has worked won- ing money in other nonresearch ways. leagues from New York State to main- ders with the allocation you have been Since 1997, the NIH has been spending tain Congress’ commitment to these given, and I know you are supportive of up to $175,000 a year to operate the heroes. the HCAP program and have seen the Milk Matters Campaign, which was Mr. FOSSELLA. Mr. Chairman, I tremendous outcomes achieved in com- first created in the 1990s. The campaign yield back the balance of my time. munities with HCAP funding. features Bo Vine, the spokescow. This Mr. REGULA. Mr. Chairman, I yield In Houston, we have utilized CAP is a drawing of Bo Vine the spokescow. back the balance of my time. funding to put together the necessary Also, money is spent not on research Mr. FOSSELLA. Mr. Chairman, I ask collaboratives to help solve our health for disease but on coloring books. Here unanimous consent to withdraw the care access problems. Unfortunately, is one that the taxpayers fund called amendment. this bill completely eliminates the ‘‘Milk Matters’’ with Buddy the Brush. The Acting CHAIRMAN (Mr. CAP program at a time when the level Taxpayers fund these programs, but GILLMOR). Is there objection to the re- of uninsured individuals in this coun- the money authorized by Congress was quest of the gentleman from New try has reached 45 million and growing. to go for research in these two areas. York? We know all too well that now is not Some say it is not much money, but we There was no objection. the time to limit access to primary and need to keep Bo Vine the spokescow The Acting CHAIRMAN. The amend- preventive health care services in our from becoming a herd and stampeding ment is withdrawn. Mr. WAMP. Mr. Chairman, I move to community. Without this health care through the trough of taxpayer money. strike the last word. access, our uninsured constituents tend Every year Congress is lobbied to in- In order to avoid offering an amend- to seek health care from our hospital crease funding for live-saving programs ment, I rise today to engage the chair- emergency rooms where costs are sky- at the National Institutes of Health, man in a colloquy to discuss funding rocketing and beds are scarce. and every year we are presented with a for the Healthy Communities Access In Harris County, 57 percent of diag- plea that more money is needed for re- Program, HCAP. HCAP funds the de- noses in our safety net hospital ERs search. So the money Congress takes velopment of community-wide health could be treated in a primary care clin- from the taxpayers of America should care networks which organize and co- ic. With HCAP funds, communities can be spent on saving lives and not on Web ordinate care for low-income and unin- shepherd folks to the appropriate games and Bo Vine the cow. sured individuals. Through shared re- health care home and put together the Also in this bill is funding for a pro- sources, HCAP networks help improve partnerships needed to develop addi- gram at the Center For Disease Re- health care access, reduce emergency tional community health centers for search. It is called the VERB youth ac- room use, and save a lot of money. all of our uninsured. tivity program to Federal fund things HCAP is a flexible, bottoms-up ap- This is truly a case where an ounce of like basketball games. This program’s proach that can be tailored to meet a prevention is worth a pound of cure. I authorization has expired and the community’s unique needs. Without a appreciate the willingness of the chair- President has asked for the program to coordinated community-based ap- man to work with us on this issue, and be terminated; yet today we are fund- proach, the uninsured simply end up in hopefully we can restore the funding on ing this program with $11.2 million of the emergency room or go without this worthy program in conference. taxpayer money. The Centers for Dis- care. Both results add to our growing Mr. REGULA. Mr. Chairman, will the ease Control is asking for more money health care crisis. gentleman yield? for life-saving research, yet they are Since 2000, HCAP has leveraged $6 in Mr. WAMP. I yield to the gentleman spending money on programs that are the community for every $1 in Federal from Ohio. not authorized anymore. grant funds, and has saved $1.9 billion Mr. REGULA. Mr. Chairman, I know Mr. Chairman, would the gentleman annually through increased efficiency that many Members support the be willing to work with me and other in health care systems. It has provided Healthy Communities Access Program. fiscally responsible colleagues to pro- access to health care for 6.2 million I have seen an HCAP program in Ohio tect taxpayer money from wasteful more uninsured and vulnerable people. that seemed to work very well. spending at the NIH and the CDC, and Five communities in my State of The President’s budget proposed to work with us to ensure that NIH and Tennessee have won HCAP grants since terminate HCAP; and given Members’ the CDC spend the money in the way it 2000, and I have worked closely with interest in other programs that were is appropriated in fiscal year 2006? one of our current grantees, the Med- not funded in the budget, we felt we Mr. REGULA. Mr. Chairman, will the ical Foundation of Chattanooga. The had to accept the President’s proposal gentleman yield? HCAP coalition partners in Chat- to restore others, like the pediatric Mr. POE. I yield to the gentleman tanooga have used this small invest- GME program. And, of course, we in- from Ohio. ment to serve the uninsured. creased the community health centers Mr. REGULA. Mr. Chairman, I do not While I understand well this year’s programs. think the gentleman is questioning the budgetary constraints, I strongly be- I will certainly try to work with our value of milk as a healthy food, but lieve programs like HCAP are pro- Senate colleagues to provide some maybe the way it is being sold. viding essential support for improving funding for the HCAP in conference. I look forward to working with the access to care, reducing cost to the Mr. POE. Mr. Chairman, I move to gentleman as we head into conference. Federal Government, and making com- strike the last word. We do not want these things to happen munities more self-sustaining. The Mr. Chairman, I would like to engage either. HCAP program embodies exactly the in a colloquy, and I appreciate the The Acting CHAIRMAN. The Clerk kind of innovative approach to health tough spending decisions the gen- will read. care access and cost we must address tleman has had to make on this bill. I The Clerk read as follows: across the Nation. intended to offer two amendments in For necessary expenses of the Workforce I ask the chairman to continue to the Labor-HHS-Education appropria- Investment Act of 1998, including the pur- work with me throughout the process tion bill because I am concerned about chase and hire of passenger motor vehicles, the money that is being spent the the construction, alteration, and repair of to ensure this program can continue. buildings and other facilities, and the pur- Mr. GENE GREEN of Texas. Mr. wrong way by the National Institutes of Health and the Centers for Disease chase of real property for training centers as Chairman, will the gentleman yield? authorized by the Act; $2,463,000,000 plus re- Mr. WAMP. I yield to the gentleman Control. imbursements, of which $2,363,000,000 is from Texas. At the NIH, the Institute of Child available for obligation for the period Octo- Mr. GENE GREEN of Texas. Mr. Health and Human Development has ber 1, 2006, through June 30, 2007, and of Chairman, I thank the gentleman from been commissioned by Congress to pro- which $100,000,000 is available for the period

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.107 H23JNPT1 H5050 CONGRESSIONAL RECORD — HOUSE June 23, 2005

October 1, 2006, through June 30, 2009, for (AWIU) for fiscal year 2006 is projected by PROGRAM ADMINISTRATION necessary expenses of construction, rehabili- the Department of Labor to exceed 2,984,000, For expenses of administering employment tation, and acquisition of Job Corps centers. an additional $28,600,000 shall be available for and training programs, $118,123,000, together Of the funds provided under this heading in obligation for every 100,000 increase in the with not to exceed $87,988,000, which may be division G of Public Law 108–7 to carry out AWIU level (including a pro rata amount for expended from the Employment Security Ad- section 173(a)(4)(A) of the Workforce Invest- any increment less than 100,000) from the ministration Account in the Unemployment ment Act of 1998, $20,000,000 is rescinded. Employment Security Administration Ac- Trust Fund: Provided, That not to exceed Of the funds provided under this heading in count of the Unemployment Trust Fund: Pro- $3,000,000 shall be available for contracts division B of Public Law 107–117, $5,000,000 is vided further, That funds appropriated in this that are not competitively bid. rescinded. Act which are used to establish a national WORKERS COMPENSATION PROGRAMS Of the funds provided under this heading in one-stop career center system, or which are division F of Public Law 108–447 for Commu- used to support the national activities of the (RESCISSION) nity-Based Job Training Grants, $125,000,000 Federal-State unemployment insurance or Of the funds provided under this heading in is rescinded. immigration programs, may be obligated in the Emergency Supplemental Act, 2002 (Pub- The Secretary of Labor shall take no ac- contracts, grants or agreements with non- lic Law 107–117, division B), $120,000,000 is re- tion to amend, through regulatory or admin- State entities: Provided further, That funds scinded. istration action, the definition established in appropriated under this Act for activities au- EMPLOYEE BENEFITS SECURITY 20 CFR 667.220 for functions and activities thorized under the Wagner-Peyser Act, as ADMINISTRATION under title I of the Workforce Investment amended, and title III of the Social Security SALARIES AND EXPENSES Act of 1998 until such time as legislation re- Act, may be used by the States to fund inte- For necessary expenses for the Employee authorizing the Act is enacted. grated Employment Service and Unemploy- Benefits Security Administration, COMMUNITY SERVICE EMPLOYMENT FOR OLDER ment Insurance automation efforts, notwith- $137,000,000. AMERICANS standing cost allocation principles pre- PENSION BENEFIT GUARANTY CORPORATION To carry out title V of the Older Ameri- scribed under Office of Management and PENSION BENEFIT GUARANTY CORPORATION cans Act of 1965, as amended, $436,678,000. Budget Circular A–87. In addition to amounts made available FUND FEDERAL UNEMPLOYMENT BENEFITS AND above, and subject to the same terms and The Pension Benefit Guaranty Corporation ALLOWANCES conditions, $10,000,000 to conduct in-person is authorized to make such expenditures, in- For payments during the current fiscal reemployment and eligibility assessments of cluding financial assistance authorized by year of trade adjustment benefit payments unemployment insurance beneficiaries in section 104 of Public Law 96–364, within lim- and allowances under part I and section 246; one-stop career centers, and $30,000,000 to its of funds and borrowing authority avail- and for training, allowances for job search prevent and detect fraudulent unemploy- able to such Corporation, and in accord with and relocation, and related State adminis- ment benefits claims filed using personal in- law, and to make such contracts and com- trative expenses under part II of chapter 2, formation stolen from unsuspecting workers: mitments without regard to fiscal year limi- title II of the Trade Act of 1974 (including Provided, That not later than 180 days fol- tations as provided by section 104 of the Gov- the benefits and services described under sec- lowing the end of fiscal year 2006, the Sec- ernment Corporation Control Act, as amend- tions 123(c)(2) and 151 (b) and (c) of the Trade retary shall provide a report to the Congress ed (31 U.S.C. 9104), as may be necessary in Adjustment Assistance Reform Act of 2002, which includes: carrying out the program, including associ- Public Law 107–210), $966,400,000, together (1) the amount spent for in-person reem- ated administrative expenses, through Sep- with such amounts as may be necessary to be ployment and eligibility assessments of UI tember 30, 2006, for such Corporation: Pro- charged to the subsequent appropriation for beneficiaries in One-Stop Career Centers, as vided, That none of the funds available to the payments for any period subsequent to Sep- well as funds made available and expended to Corporation for fiscal year 2006 shall be tember 15 of the current year. prevent and detect fraudulent claims for un- available for obligations for administrative STATE UNEMPLOYMENT INSURANCE AND employment benefits filed using workers’ expenses in excess of $296,977,728: Provided EMPLOYMENT SERVICE OPERATIONS stolen personal information; further, That obligations in excess of such For authorized administrative expenses, (2) the number of scheduled in-person re- amount may be incurred after approval by $130,985,000, together with not to exceed employment and eligibility assessments, the the Office of Management and Budget and $3,299,381,000 (including not to exceed number of individuals who failed to appear the Committees on Appropriations of the $1,228,000 which may be used for amortiza- for scheduled assessments, actions taken as House and Senate. tion payments to States which had inde- a result of individuals not appearing for an EMPLOYMENT STANDARDS ADMINISTRATION assessment (e.g., benefits terminated), re- pendent retirement plans in their State em- SALARIES AND EXPENSES sults of assessments (e.g., referred to reem- ployment service agencies prior to 1980 and For necessary expenses for the Employ- including $10,000,000 which may be used to ployment services, found in compliance with program requirements), estimated savings ment Standards Administration, including conduct in-person reemployment and eligi- reimbursement to State, Federal, and local bility assessments of unemployment insur- resulting from cessation of benefits, and esti- mated savings as a result of accelerated re- agencies and their employees for inspection ance beneficiaries in one-stop career cen- services rendered, $414,284,000, together with ters), which may be expended from the Em- employment; and (3) the estimated number of UI benefit $2,048,000 which may be expended from the ployment Security Administration Account Special Fund in accordance with sections in the Unemployment Trust Fund including claims filed using stolen identification that are discovered at the time of initial filing, 39(c), 44(d) and 44(j) of the Longshore and the cost of administering section 51 of the Harbor Workers’ Compensation Act: Pro- Internal Revenue Code of 1986, as amended, with an estimate of the resulting savings; and the estimated number of ID theft-related vided, That the Secretary of Labor is author- section 7(d) of the Wagner-Peyser Act, as ized to establish and, in accordance with 31 amended, the Trade Act of 1974, as amended, continued claims stopped, with an estimate of the amount paid on such fraudulent U.S.C. 3302, collect and deposit in the Treas- the Immigration Act of 1990, and the Immi- ury fees for processing applications and gration and Nationality Act, as amended, claims and an estimate of the resulting sav- ings from their termination. issuing certificates under sections 11(d) and and of which the sums available in the allo- 14 of the Fair Labor Standards Act of 1938, as ADVANCES TO THE UNEMPLOYMENT TRUST cation for activities authorized by title III of amended (29 U.S.C. 211(d) and 214) and for FUND AND OTHER FUNDS the Social Security Act, as amended (42 processing applications and issuing registra- U.S.C. 502–504), and the sums available in the For repayable advances to the Unemploy- tions under title I of the Migrant and Sea- allocation for necessary administrative ex- ment Trust Fund as authorized by sections sonal Agricultural Worker Protection Act (29 penses for carrying out 5 U.S.C. 8501–8523, 905(d) and 1203 of the Social Security Act, as U.S.C. 1801 et seq.). shall be available for obligation by the amended, and to the Black Lung Disability SPECIAL BENEFITS States through December 31, 2006, except Trust Fund as authorized by section that funds used for automation acquisitions 9501(c)(1) of the Internal Revenue Code of (INCLUDING TRANSFER OF FUNDS) shall be available for obligation by the 1954, as amended; and for nonrepayable ad- For the payment of compensation, bene- States through September 30, 2008; of which vances to the Unemployment Trust Fund as fits, and expenses (except administrative ex- $130,985,000, together with not to exceed authorized by section 8509 of title 5, United penses) accruing during the current or any $672,700,000 of the amount which may be ex- States Code, and to the ‘‘Federal unemploy- prior fiscal year authorized by title 5, chap- pended from said trust fund, shall be avail- ment benefits and allowances’’ account, to ter 81 of the United States Code; continu- able for obligation for the period July 1, 2006, remain available until September 30, 2007, ation of benefits as provided for under the through June 30, 2007, to fund activities $465,000,000. heading ‘‘Civilian War Benefits’’ in the Fed- under the Act of June 6, 1933, as amended, in- In addition, for making repayable advances eral Security Agency Appropriation Act, cluding the cost of penalty mail authorized to the Black Lung Disability Trust Fund in 1947; the Employees’ Compensation Commis- under 39 U.S.C. 3202(a)(1)(E) made available the current fiscal year after September 15, sion Appropriation Act, 1944; sections 4(c) to States in lieu of allotments for such pur- 2006, for costs incurred by the Black Lung and 5(f) of the War Claims Act of 1948 (50 pose: Provided, That to the extent that the Disability Trust Fund in the current fiscal U.S.C. App. 2012); and 50 percent of the addi- Average Weekly Insured Unemployment year, such sums as may be necessary. tional compensation and benefits required by

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.030 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5051 section 10(h) of the Longshore and Harbor tion (including Social Security account (2) to conduct an inspection or investiga- Workers’ Compensation Act, as amended, number) as may be prescribed. tion in response to an employee complaint, $237,000,000, together with such amounts as BLACK LUNG DISABILITY TRUST FUND to issue a citation for violations found dur- may be necessary to be charged to the subse- ing such inspection, and to assess a penalty (INCLUDING TRANSFER OF FUNDS) quent year appropriation for the payment of for violations which are not corrected within compensation and other benefits for any pe- In fiscal year 2006 and thereafter, such a reasonable abatement period and for any riod subsequent to August 15 of the current sums as may be necessary from the Black willful violations found; year: Provided, That amounts appropriated Lung Disability Trust Fund, to remain avail- (3) to take any action authorized by such may be used under section 8104 of title 5, able until expended, for payment of all bene- Act with respect to imminent dangers; United States Code, by the Secretary of fits authorized by section 9501(d) (1), (2), (4), (4) to take any action authorized by such Labor to reimburse an employer, who is not and (7) of the Internal Revenue Code of 1954, Act with respect to health hazards; the employer at the time of injury, for por- as amended; and interest on advances, as au- (5) to take any action authorized by such tions of the salary of a reemployed, disabled thorized by section 9501(c)(2) of that Act. In Act with respect to a report of an employ- beneficiary: Provided further, That balances addition, the following amounts shall be ment accident which is fatal to one or more of reimbursements unobligated on Sep- available from the Fund for fiscal year 2006 employees or which results in hospitaliza- tember 30, 2005, shall remain available until for expenses of operation and administration tion of two or more employees, and to take expended for the payment of compensation, of the Black Lung Benefits program, as au- any action pursuant to such investigation benefits, and expenses: Provided further, That thorized by section 9501(d)(5): $33,050,000 for authorized by such Act; and in addition there shall be transferred to this transfer to the Employment Standards Ad- (6) to take any action authorized by such appropriation from the Postal Service and ministration ‘‘Salaries and Expenses’’; Act with respect to complaints of discrimi- from any other corporation or instrumen- $24,239,000 for transfer to Departmental Man- nation against employees for exercising tality required under section 8147(c) of title agement, ‘‘Salaries and Expenses’’; $344,000 rights under such Act: 5, United States Code, to pay an amount for for transfer to Departmental Management, Provided further, That the foregoing proviso its fair share of the cost of administration, ‘‘Office of Inspector General’’; and $356,000 shall not apply to any person who is engaged such sums as the Secretary determines to be for payments into miscellaneous receipts for in a farming operation which does not main- the cost of administration for employees of the expenses of the Department of the Treas- tain a temporary labor camp and employs 10 such fair share entities through September ury. or fewer employees: Provided further, That 30, 2006: Provided further, That of those funds OCCUPATIONAL SAFETY AND HEALTH not less than $3,200,000 shall be used to ex- transferred to this account from the fair ADMINISTRATION tend funding for the Institutional Com- share entities to pay the cost of administra- SALARIES AND EXPENSES petency Building training grants which com- tion of the Federal Employees’ Compensa- For necessary expenses for the Occupa- menced in September 2000, for program ac- tion Act, $45,001,000 shall be made available tional Safety and Health Administration, tivities for the period of September 30, 2006, to the Secretary as follows: $477,199,000, including not to exceed to September 30, 2007, provided that a grant- (1) for enhancement and maintenance of $92,013,000 which shall be the maximum ee has demonstrated satisfactory perform- automated data processing systems and tele- amount available for grants to States under ance: Provided further, That none of the funds communications systems, $13,305,000; section 23(g) of the Occupational Safety and appropriated under this paragraph shall be (2) for automated workload processing op- Health Act (the ‘‘Act’’), which grants shall obligated or expended to administer or en- erations, including document imaging, cen- be no less than 50 percent of the costs of force the provisions of 29 CFR 1910.134(f)(2) tralized mail intake and medical bill proc- State occupational safety and health pro- (General Industry Respiratory Protection essing, $18,454,000; grams required to be incurred under plans Standard) to the extent that such provisions (3) for periodic roll management and med- approved by the Secretary under section 18 require the annual fit testing (after the ini- ical review, $13,242,000; and of the Act; and, in addition, notwithstanding tial fit testing) of respirators for occupa- (4) the remaining funds shall be paid into 31 U.S.C. 3302, the Occupational Safety and tional exposure to tuberculosis. the Treasury as miscellaneous receipts: Health Administration may retain up to b 1445 Provided further, That the Secretary may re- $750,000 per fiscal year of training institute quire that any person filing a notice of in- course tuition fees, otherwise authorized by AMENDMENT NO. 22 OFFERED BY MR. PETERSON jury or a claim for benefits under chapter 81 law to be collected, and may utilize such OF PENNSYLVANIA of title 5, United States Code, or 33 U.S.C. 901 sums for occupational safety and health Mr. PETERSON of Pennsylvania. Mr. et seq., provide as part of such notice and training and education grants: Provided, Chairman, I offer an amendment. claim, such identifying information (includ- That, notwithstanding 31 U.S.C. 3302, the The Acting CHAIRMAN (Mr. ing Social Security account number) as such Secretary of Labor is authorized, during the GILLMOR). The Clerk will designate the regulations may prescribe. fiscal year ending September 30, 2006, to col- amendment. SPECIAL BENEFITS FOR DISABLED COAL lect and retain fees for services provided to The text of the amendment is as fol- MINERS Nationally Recognized Testing Laboratories, lows: For carrying out title IV of the Federal and may utilize such sums, in accordance Mine Safety and Health Act of 1977, as with the provisions of 29 U.S.C. 9a, to admin- Amendment No. 22 offered by Mr. PETER- amended by Public Law 107–275, (the ‘‘Act’’), ister national and international laboratory SON of Pennsylvania: $232,250,000, to remain available until ex- recognition programs that ensure the safety Page 16, line 4, insert after the dollar pended. of equipment and products used by workers amount the following: ‘‘(reduced by For making after July 31 of the current fis- in the workplace: Provided further, That none $37,336,000)’’. cal year, benefit payments to individuals of the funds appropriated under this para- Page 25, line 16, insert after the dollar under title IV of the Act, for costs incurred graph shall be obligated or expended to pre- amount the following: ‘‘(increased by in the current fiscal year, such amounts as scribe, issue, administer, or enforce any $37,336,000)’’. may be necessary. standard, rule, regulation, or order under the Mr. REGULA. Mr. Chairman, I ask For making benefit payments under title Act which is applicable to any person who is engaged in a farming operation which does unanimous consent that debate on this IV for the first quarter of fiscal year 2007, amendment and any amendments $74,000,000, to remain available until ex- not maintain a temporary labor camp and pended. employs 10 or fewer employees: Provided fur- thereto be limited to 15 minutes to be ther, That no funds appropriated under this divided equally and controlled by the ADMINISTRATIVE EXPENSES, ENERGY EMPLOY- paragraph shall be obligated or expended to proponent and myself, the opponent. EES OCCUPATIONAL ILLNESS COMPENSATION administer or enforce any standard, rule, FUND The Acting CHAIRMAN. Is there ob- regulation, or order under the Act with re- jection to the request of the gentleman (INCLUDING TRANSFER OF FUNDS) spect to any employer of 10 or fewer employ- from Ohio? For necessary expenses to administer the ees who is included within a category having Energy Employees Occupational Illness a Days Away, Restricted, or Transferred There was no objection. Compensation Act, $96,081,000, to remain (DART) occupational injury and illness rate, The Acting CHAIRMAN. The Chair available until expended: Provided, That the at the most precise industrial classification recognizes the gentleman from Penn- Secretary of Labor is authorized to transfer code for which such data are published, less sylvania (Mr. PETERSON). to any executive agency with authority than the national average rate as such rates Mr. PETERSON of Pennsylvania. Mr. under the Energy Employees Occupational are most recently published by the Sec- Chairman, I yield myself such time as Illness Compensation Act, including within retary, acting through the Bureau of Labor I may consume. I have great respect for the Department of Labor, such sums as may Statistics, in accordance with section 24 of the gentleman from Ohio (Mr. REGULA) be necessary in fiscal year 2006 to carry out that Act (29 U.S.C. 673), except— those authorities: Provided further, That the (1) to provide, as authorized by such Act, and the incredibly difficult task he and Secretary may require that any person filing consultation, technical assistance, edu- his staff have had before them to write a claim for benefits under the Act provide as cational and training services, and to con- this bill. I think he did a remarkable part of such claim, such identifying informa- duct surveys and studies; job and I want to commend him.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.030 H23JNPT1 H5052 CONGRESSIONAL RECORD — HOUSE June 23, 2005 My amendment would simply make a would effectively cut off the only rural budget, OSHA can inspect workplaces modest adjustment to the bill by re- policy shop within HHS. on an average of once every 108 years, storing funding for two vital rural If rural health fails, there are no win- and this amendment will make that health programs to their fiscal year ners. People travel long distances to worse. 2005 levels. Specifically, my amend- more affordable, less accessible health This is a case where, again, the budg- ment allows for increases to rural out- care settings in our suburban areas. No et resolution is totally inadequate. reach grants by $28.511 million and one wins. Families are displaced, peo- Neither of these programs should be $8.825 million to rural health research. ple are long distances from their loved cut. The problem is that this amend- This $37 million increase is offset by a ones and their support team, and the ment takes money away from a pro- reduction to OSHA. system pays considerably more, so gram which will save workers’ lives. I As Members may know, rural pro- there is no savings. would urge a ‘‘no’’ vote. I most reluc- grams across the Federal budget con- This is the worst possible time to tantly take this position because I am tinue to be proposed for cuts or elimi- eliminate funding for these programs. strongly in favor of rural health care nation. As cochairman of the Congres- As the health care world continues to but not at the expense of workers’ sional Rural Caucus, I feel obligated to evolve, we have to ensure that rural lives. rise and share my concern. Some argue America has a seat at the table of Con- Mr. PETERSON of Pennsylvania. Mr. that the Medicare bill we passed last gress and the administration. We need Chairman, I yield myself such time as year fixed rural health care and that to restore funding for these two vital I may consume. we do not need to continue to fund rural health programs I have just I am not going to take a lot of time rural programs, but this is comparing shared with you. here to defend the cut in OSHA, but I apples to oranges. The Medicare bill in- Mr. Chairman, I reserve the balance will say that I have a lot of friends creased reimbursements for rural hos- of my time. that work in plants and refineries and pitals and doctors, while outreach Mr. REGULA. Mr. Chairman, I yield mills in my district, and if there is an grants that we are dealing with gen- myself such time as I may consume. agency that could better utilize their erally do not involve hospitals. Out- I have to reluctantly rise in opposi- enforcement dollars, it is OSHA. I have reach funds go to a variety of providers tion to the gentleman’s amendment. many union workers, close friends of that saw no benefit from the Medicare He is a valuable member of our sub- mine, that talk about the nonsense- prescription drug bill, such as public committee and is certainly a strong type things that OSHA comes in and health departments, community health voice for programs providing health tinkers with when they could come in centers, rural health clinics, mental care in rural areas. As the gentleman and instruct, because most employers health providers, and other commu- knows, we have tried to respond as today want to run a safe shop. If they nity-based organizations that provide much as possible within the con- had the process where they would come the finest care to our poorest. straints of the budget. That program in and instruct, go after the real safety Outreach grants run for 3 years with seemed to be the highest priority rural issues instead of the nit-picking issues applicants being eligible for up to health program for our Members. I re- that they do, I do not believe this $200,000 per year. Outreach grants em- alize the outreach program is popular small cut in OSHA would cost us one phasize collaboration by key commu- among Members but we just felt we had life. If OSHA used modern technology, nity groups, requiring at least three to restore some of the other cuts pro- they could double what they do in sav- health care providers to come together posed, like pediatric GME. ing lives. to apply for the funding. The idea of Unfortunately, the offset in the I want to say this in conclusion. the grants is to provide start-up funds amendment is unacceptable and any Rural health care is struggling in to innovative approaches to health cut in OSHA would savage the agency’s America. We have always been at the problems in rural areas with the appli- ability to maintain its safety pro- short end of the payment system. We cants using the 3 years to make the grams. This is a clear example of we have always had to deal with less pay- program self-sustaining. According to a wish we had more money, but we do ment for the very same procedures. I study by the University of Minnesota, not, and we are trying to make the was in the food business. I was in the more than 80 percent of programs es- best use of what we have. retail business. Only in health care tablished with outreach grants were Mr. OBEY. Mr. Chairman, will the does the smallest get paid the least. still operating 5 years after Federal gentleman yield? When you go to a small store, you ex- funding expired. Mr. REGULA. I yield to the gen- pect to pay a little more. But the big My amendment also restores funding tleman from Wisconsin. hospitals, the big institutions who for the $9 million rural health research Mr. OBEY. Mr. Chairman, I am have the volume, who have the mul- program. This money supports eight strongly opposed to this amendment. I titude of customers and use those ex- rural health research centers around take a back seat to no one in my sup- pensive pieces of equipment morning, the country and also supports the Sec- port for rural health care. I have of- noon, and night get paid more. It is the retary’s National Advisory Committee fered numerous amendments in the most unfair part. And why should rural on Rural Health, which is composed of past to add to its budget. But this citizens not have adequate equal access national leaders on rural health care amendment gets the money to restore to good health care? and has an important role in shaping funding for rural health care in an out- But let me tell you what happens too administration policy. The rural re- rageous fashion, because it takes it often. They leave their families, drive search centers help us understand how from the agency that is supposed to hundreds of miles away to an urban CMS payments interact with the re- protect workers’ health and lives. center that they are not even com- ality of rural health practice, including In 2003, more than 5,500 workers were fortable in, and the system will pay 50 the wage index issues researched by the killed in this country by job injuries. percent more for the same health care University of North Carolina and phy- That is 15 workers every day. In the that could be given to them in their sician payment issues researched in the steel industry, there has been a major own community. Nobody wins. And past by the Rural Policy Research In- increase in workplace fatalities the sometimes people die. stitute in Nebraska. last 2 years. The impact of those fatali- Mr. Chairman, I will reluctantly The rural research line also funds the ties is enormous. According to Liberty withdraw this amendment in hopes Secretary’s National Advisory Com- Mutual, the Nation’s largest Work- that the chairman and the ranking mittee on Rural Health which submits men’s Compensation company, the di- member will see that these two pro- an annual report to the Secretary, the rect cost of these injuries and illness is grams do not go unfunded in the final only rural-specific report our Secretary $1 billion a week, and the total cost is conference report. of Health may ever see in a given year. between $200 and $300 billion a year. Mr. REGULA. Mr. Chairman, if the This funding line also carries out the The present budget proposal for gentleman will yield, I am sympa- function of evaluating Federal regula- OSHA in this bill is $477 million, which thetic. I come from a rural district my- tions within the Office of Rural Health is less than $4.60 for every private sec- self and live on a farm, as a matter of Policy. Eliminating this program tor worker. Under the current OSHA fact. I understand what the gentleman

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.112 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5053 is saying. He illustrates the fact that SON), who is the ranking Democrat on standard we have to protect first re- we have had to make very difficult pri- the Committee on Homeland Security. sponders and receivers from bioter- ority judgments. Certainly I for one, Mr. Chairman, this amendment sim- rorism. We already know that in the and I know the gentleman from Wis- ply strikes a dangerous provision in hands of terrorists, airborne pathogens consin has a rural district, too, would the underlying bill that would leave would quite literally become weapons be sympathetic to this in conference. first responders and receivers without of mass destruction capable of causing We obviously cannot promise anything, the most basic protection against bio- life-threatening illnesses and death for but I hear my colleague’s comments terrorist attacks. This provision bans hundreds of thousands, and perhaps and his arguments and would certainly the annual fit testing of respirators or millions, of Americans. keep these in mind. masks for our front-line heroes. Why is Examples of these pathogens include Mr. PETERSON of Pennsylvania. I such a provision there? It is part of the multidrug-resistant TB, smallpox, and thank the chairman and the ranking effort to trivialize the whole concept of pneumonic plague, among others. Else- member. I will hope and pray that they workers’ safety. Why single out a small where in this bill, we are appropriating come through for rural America. matter like this and deny the fit test- $500 million for hospitals to purchase Mr. Chairman, I withdraw my amend- ing of respirators and masks for our equipment for this purpose. We also are ment. front-line heroes? appropriating $30 million for hospitals The Acting CHAIRMAN. Without ob- Unless this provision is deleted, let to educate their workers, but we jection, the amendment is withdrawn. me spell out the commonsense con- picked out this situation that says but There was no objection. sequences, and bear in mind the fact that even on the Hill here when we had we cannot have a standard which en- AMENDMENT OFFERED BY MR. OWENS the anthrax attacks, the danger of peo- sures responders and receivers would be Mr. OWENS. Mr. Chairman, I offer an ple being exposed who were not pro- protected by having a prefitting. amendment. tected was dramatized; and during the The Clerk read as follows: It would only cost about $11.7 million series of anthrax attacks, the two peo- to fit test all the first responders and Amendment offered by Mr. OWENS: ple who were casualties, who are unrec- In title I, in the item relating to ‘‘OCCUPA- receivers in fiscal year 2006, and one ognized, unsung heroes, they are dead, third of the amount appropriated for TIONAL SAFETY AND HEALTH ADMINISTRA- were postal workers who died as a re- TION—SALARIES AND EXPENSES’’, strike ‘‘: Pro- hospital funding for workforce edu- vided further, That none of the funds appro- sult of not being protected from an- cation on bioterrorism could be used priated under this paragraph shall be obli- thrax. So to trivialize this situation, I for this purpose. Talk about a lack of gated or expended to administer or enforce think, is one more step in the attempt common sense and egregious failure to by the majority party to make OSHA the provisions of 29 CFR 1910.134(f)(2) (Gen- act responsibly, this is it. And it is eral Industry Respiratory Protection Stand- seem like an irrelevant inconsequen- only there because of this great con- ard) to the extent that such provisions re- tial agency. tempt for workers’ safety and for quire the annual fit testing (after the initial In the event of an attack, emergency OSHA. fit testing) of respirators for occupational medical technicians from a local fire exposure to tuberculosis’’. department would be the first on the The respirators first responders use, Mr. REGULA. Mr. Chairman, I ask scene to help scores of victims with the N95 masks, are 95 percent efficient at unanimous consent that the debate on same unexplained illness. Unless they deterring pathogens if and only if they this amendment and any amendments have respirators that fit properly, fit properly. According to the manufac- thereto be limited to 10 minutes to be these emergency medical workers turer of these respirators, and this is equally divided and controlled by the would themselves face exposure to the laid out in the instructions for use, proponent and myself, the opponent. deadly bio-agent. Likewise, nurses in a there must be annual fit testing to en- The Acting CHAIRMAN. Is there ob- local hospital would routinely have sure a proper fit. Even slight changes jection to the request of the gentleman first contact with patients brought in posed by weight gain or loss, dental from Ohio? with similar unexplained symptoms. work, or normal aging can interfere. There was no objection. Unless they had respirators, they If we are going to carry out our du- would pass it on to other people. b 1500 Mr. Chairman, the provision in this ties in terms of homeland security, The Acting CHAIRMAN (Mr. bill that bans such fit testing of res- then this small step must be taken. Re- GILLMOR). The Chair recognizes the pirators clearly undermines a core move and ban this provision. gentleman from New York (Mr. tenet of preparedness in the event of a JUNE 22, 2005. OWENS). bio-terrorist attack. I would urge each DEAR REPRESENTATIVE: On behalf of nearly Mr. OWENS. Mr. Chairman, I yield Member to consider the fact that we one million first responders and nurses rep- myself such time as I may consume. were given opportunities to go get resented by our organizations, we are writ- (Mr. OWENS asked and was given fitted for masks, to get used to how the ing to urge you to support an amendment to permission to revise and extend his re- masks go on, and most Members of the Labor-Health and Human Services-Edu- marks.) cation Appropriations bill that would pro- Congress did not go; but those who did tect health care workers and first responders Mr. OWENS. Mr. Chairman, I rise to go found just to be fitted with a mask from unnecessary risk when exposed to tu- offer an amendment in support of and get used to the idea is very dif- berculosis (TB) as well as other natural or OSHA and the safety of workers, in ficult. By the time such an attack is man-made airborne biological agents. The contrast to the last amendment offered under way, it is flat out too late to amendment to be offered by Representatives which tried to trivialize the impor- start fit testing respirators for indi- Major R. Owens and Steven C. LaTourette tance of workers’ safety. My amend- vidual workers. would remove a provision in the bill that ment is to protect first responders and The only Federal rule we have that prohibits the Occupational Safety and receivers from bioterrorism and its requires the annual fit testing of res- Health Administration (OSHA) from enforc- deadly consequences. Several distin- pirators for these workers is the Occu- ing the annual fit testing of respirator masks that employers are required to pro- guished colleagues have joined me in pational Safety and Health Adminis- vide workers who are at risk of exposure to offering this amendment: they are the tration’s tuberculosis prevention TB. gentleman from Ohio (Mr. standard. Yet the bill we are now con- In December 2003, OSHA extended its res- LATOURETTE), who co-chairs the Nurse sidering would prohibit OSHA from en- pirator standard (29 CFR 1910.134) to apply to Caucus; the gentleman from California forcing this requirement. workplaces where there is a risk of exposure (Mr. GEORGE MILLER), who is senior At a time when the Bush administra- to TB. This requirement would protect Democrat on the Committee on Edu- tion continues to issue daily color- nurses, first responders and other health cation and the Workforce; and the gen- coded terrorist alerts, it makes abso- care workers in workplaces where tuber- tleman from Mississippi (Mr. THOMP- lutely no sense to weaken the only culosis cases have previously presented. As

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 7634 Sfmt 9920 E:\CR\FM\K23JN7.114 H23JNPT1 H5054 CONGRESSIONAL RECORD — HOUSE June 23, 2005 part of the respirator standard, employers are doing currently to fight tuber- backed up by sound science in a mis- are required to conduct an annual fit test, to culosis in the United States or wheth- guided attempt to control infectious ensure that an employee’s respirator mask er, on the other hand, to adopt the diseases. That is the CDC role. For that fits properly and provides the expected pro- tection. When developing the respirator Owens amendment and implement an reason I oppose the amendment. standard, OSHA determined that an annual expensive new regulation to allow Mr. THOMPSON of Mississippi. Mr. Chair- fit test was necessary due to changes in a OSHA to become involved in infectious man, I rise today in support of the amendment worker’s weight, dental work and other fac- disease control. That is the basic ques- offered by my friend and colleague from New tors that affect the facial seal of the res- tion. York. pirator mask. I know that many of us in the House As public officials, we face many difficult de- Properly fitted respirators not only safe- of Representatives and many people cisions. This issue should not be one. guard against TB, but against additional air- across the country are concerned about The amendment before us this morning borne hazards such as SARS, anthrax, avian flu, monkey pox and other biological agents the issue of rising health care costs. would strike a provision in this bill that bans that could be released in a terrorist attack. And I will tell the Members that this OSHA from conducting fit tests of the res- Annual fit testing against TB will ensure amendment, if adopted today, would pirator masks worn by our first responders. that nurses and responders are prepared in increase the cost of health care for These masks are crucial to the survival of advance from airborne biological threats. Americans. It may sound reasonable our first responders and it is only common The need for a properly fitted respirator and narrowly drawn at first, dealing sense that these masks must fit properly to mask was demonstrated in Toronto during only with the fit testing of respirators perform as expected. the SARS outbreak when several health care used to prevent tuberculosis; but I We would never ask our soldiers on the bat- workers whose respirators had not been fit tested contracted SARS. Because the cost of would invite Members to call their hos- tlefield to go into combat with equipment that the annual fit testing is small—estimated by pital administrators and find out what mayor may not perform as expected. Our first OSHA at $10.7 million nationally—it is a they have to say about this amend- responders who are our domestic defenders wise investment to be made for those most ment, and what they will tell them is deserve the same treatment. vulnerable to TB and on the frontline of any this will be an expensive new regula- We must do everything we can to help biological threat or attack. tion for hospitals, and it will increase those who sacrifice so much to protect us. While many states have made progress health care costs for Americans. Only yesterday, a group of 80 arms control against TB infection rates since the early I think most of us agree that the cor- and security experts released a survey com- 1990s, it is still a serious threat to many nurses and first responders. Furthermore, rect people to fight infectious disease missioned by Senator LUGAR of Indiana which drug resistant TB is still a daily risk for are the health care professionals in our says that they believe there is a 70 percent nurses and first responders who care for im- hospitals, and the best agency to regu- chance of a WMD attack in the next 10 years. migrant, homeless, incarcerated and long- late and provide guidelines for these We all agree that we should focus our ef- term populations. health care professionals is the Centers forts on preventing any future WMD attack, The annual fit testing requirement is not for Disease Control. They have been but we must ensure that our first responders unique to tuberculosis. The respirator stand- doing it since 1992, and they have been are adequately protected should an attack ard requires other industries to conduct an annual fit test where there is risk of expo- doing a good job of it. take place. sure to other airborne hazards. Indeed, This amendment is a back-door I strongly support the amendment offered by health care facilities are required to conduct method of allowing OSHA a foothold in Mr. OWENS and urge my colleagues to do the annual fit testing when the presence of other the regulation of infectious diseases, same. contaminants, such as ethylene oxide and and I do not think we want to do that Mr. KENNEDY of Rhode Island. Mr. Chair- formaldehyde, require the use of respirators. today. And one reason we do not want man, I rise today in support of the amendment First responders and nurses at risk of expo- to do it is the success of CDC. by Representatives STEVEN LATOURETTE, sure to tuberculosis should be afforded the I direct the attention of my col- GEORGE MILLER, MAJOR OWENS, and BENNIE same protections as workers who are at risk leagues to this chart here. I do not THOMPSON, to the Labor/HHS appropriations of exposure to other airborne hazards. More- over, the annual fit test serves the public in- know if every Member can see it, but bill to strike a provision that bans the annual terest by reducing the possibility that first we can see that tuberculosis rates are fit-testing of respirators for first responders responders and nurses will become vectors of the lowest they have been since 1953, and first receivers. TB and other diseases. and they continue to drop. On the As many working Americans know, this ban For all of these reasons, we strongly urge other chart, ‘‘Reported TB cases in the on annual fit-testing undermines our national you to support the Owens-LaTourette United States, 1982 to 2003’’, along preparedness and that of our first responders amendment and to help protect first re- about 1992 when CDC started providing in the event of a bio-terrorism attack. In the sponders and nurses from unnecessary and serious health risks. guidelines for our health care facilities wake of the tragedies of September 11, 2001, Sincerely, for regulation of tuberculosis, the TB it seems irresponsible for us to ban the annual AFL–CIO; American Federation of State, rate started to drop, and it has con- fit-testing of respirators. County and Municipal Employees; American tinuously dropped. We all have heard about the dangers of air- Federation of Teachers; American Nurses As- CDC is winning the war against tu- borne pathogens becoming ‘‘weapons of mass sociation; Communications Workers of berculosis in this country. I thank the destruction.’’ The only federal rule mandating America; International Association of Fire chairman for including this in the leg- annual fit-testing of respirators for workers is Fighters; International Brotherhood of islation last year. It is now the law of Teamsters; International Union, United the Occupational Health and Safety Adminis- Auto Workers; Service Employees Inter- the land. I thank the chairman for tration’s, OSHA, TB prevention standard. The national Union; United American Nurses; keeping the legislation this year, and I bill before us would prohibit OSHA from en- United Food and Commerical Workers Inter- urge my colleagues to stay with a prov- forcing this requirement. national Union; United Steelworkers. en record in fighting tuberculosis by This amendment is supported by the AFL– The CHAIRMAN. The time of the voting ‘‘no’’ on the Owens amendment. CIO, AFSCME, American Nurses Association, gentleman from New York has expired. Mr. REGULA. Mr. Chairman, I yield ANA, International Association of Fire Fight- Mr. REGULA. Mr. Chairman, I yield myself such time as I may consume. ers, IAFF, and the International Safety Equip- 3 minutes to the gentleman from Mis- I rise in opposition to the amend- ment Association, ISEA. sissippi (Mr. WICKER). ment. It was included in the bill last I strongly urge my colleagues to support this Mr. WICKER. Mr. Chairman, I thank year. It was offered as an amendment amendment. the gentleman from Ohio (Chairman in full committee markup and passed Mr. REGULA. Mr. Chairman, I yield REGULA) for yielding me this time. and was retained in the conference re- back the balance of my time. I join the gentleman from Ohio port. This is good language, allows the The CHAIRMAN. The question is on (Chairman REGULA) in opposing the committee to exercise its oversight the amendment offered by the gen- Owens amendment and would submit rights, and tuberculosis outbreaks and tleman from New York (Mr. OWENS). to my colleagues that this amendment hospitals ought to be regulated by the The question was taken; and the offers this very straightforward ques- CDC, not OSHA. CDC is this Nation’s Chairman announced that the noes ap- tion to Members of the House today: primary infectious disease control peared to have it. whether to continue the effective job agency, and we do not need other agen- Mr. OWENS. Mr. Chairman, I demand that the Centers for Disease Control cies to enact regulations that are not a recorded vote.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.031 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5055 The CHAIRMAN. Pursuant to clause vide tailor-made services and initia- program under Title VII of the Public 6 of rule XVIII, further proceedings on tives that help vulnerable families in Health Care Service Act, and adminis- the amendment offered by the gen- Erie, Pennsylvania. An important facet tered in the Health Resources and tleman from New York (Mr. OWENS) of CSBG is the flexibility that allows Services Administration of the Depart- will be postponed. GECAC to deliver community-designed ment of Health and Human Services. Mr. REGULA. Mr. Chairman, I move responses to our unique needs. This funding plays a critical role in to strike the last word. Mr. Chairman, the bottom line is supporting programs that help train Mr. Chairman, I yield to the gen- that we have seen great progress for and bring health care professionals to tleman from Pennsylvania (Mr. many of America’s poorer families as a rural areas of our country. ENGLISH). result of this program. CSBG has pro- One of the regional programs that Mr. ENGLISH of Pennsylvania. Mr. vided invaluable assistance to our has benefited from Title VII grants is Chairman, I thank the gentleman for neediest families and gives individuals the rural health training program, re- yielding to me. the necessary tools to help them get ferred to as WWAMI, which stands for Mr. Chairman, I, along with the gen- back on their feet. Washington, Wyoming, Alaska, Mon- tleman from Connecticut (Mr. SIM- Mr. REGULA. Mr. Chairman, re- tana, and Idaho. This rural health MONS) and the gentleman from Wash- claiming my time, certainly I appre- training residency network trains its ington (Mr. BAIRD), was considering ciate the gentleman’s concerns, and I graduate students at rural sites within proposing an amendment to restore hope that we can work together in the these five States, with the supposition funds for the Community Service coming months. that doctors practice where they were Block Grant program. Earlier this Mr. ENGLISH of Pennsylvania. Mr. trained. Statistics show that this year, 121 of my colleagues and I sent a Chairman, if the gentleman will fur- method has proven itself effective time letter to the chairman and to the rank- ther yield, I thank the gentleman for and time again. Retention rates of doc- ing member respectfully requesting the opportunity to discuss this impor- tors who have been trained in rural that adequate funding be provided for tant issue this afternoon. areas within these States show that 89 the CSBG program. Recognizing the Mr. REGULA. Mr. Chairman, I move percent of physicians who have been challenges that the chairman faced, we to strike the last word. trained in rural areas have chosen to were disappointed that the bill pro- I rise for the purpose of entering into practice in those rural areas. Federal vided 50 percent less funding than the a colloquy with the gentlewoman from grants have been instrumental in the previous year. Washington (Miss MCMORRIS). development of this innovative pro- Mr. REGULA. Mr. Chairman, re- Miss MCMORRIS. Mr. Chairman, will gram. Congress needs to continue to in- claiming my time, we did receive their the gentleman yield? vest in training in primary care medi- correspondence, and I appreciate the Mr. REGULA. I yield to the gentle- cine and dentistry because, in areas of gentleman’s concerns. They are not un- woman from Washington. critical need, it is a vital resource used like the supporters of many other pop- Miss MCMORRIS. Mr. Chairman, I to ensure access to health care. ular programs. I would also thank the rise for the purpose of entering into a Mr. Chairman, I hope that the gen- gentleman for understanding the tight colloquy with the chairman, and I tleman from Ohio (Chairman REGULA) fiscal constraints that my committee thank the gentleman for yielding to will be able to address this issue in is facing this year. me. conference so that primary care train- Mr. ENGLISH of Pennsylvania. Mr. I appreciate the chairman’s leader- ing programs receive some Federal Chairman, will the gentleman yield? ship on the Labor-HHS and Education funding in fiscal year 06. Mr. REGULA. I yield to the gen- bill, and I especially appreciate his al- Mr. REGULA. Mr. Chairman, re- tleman from Pennsylvania. lowing me some time to highlight the claiming my time, I thank the gentle- Mr. ENGLISH of Pennsylvania. Mr. significant role training in primary woman for bringing the issue of train- Chairman, the chairman is absolutely medicine plays in rural health and den- ing primary care physicians for service right. We do not intend to diminish at- tal care. in rural areas to the attention of all of tention and concern for other programs My district in eastern Washington the Members. within this measure, which we recog- stretches from the Canadian border to All of us who represent rural areas nize represents a very tight balancing the Oregon border and covers 23,000 share the gentlewoman’s concern. It is act. However, I would like to bring to square miles. As I travel around the very difficult for me to recommend not the attention of my colleagues in the district and hear from doctors, individ- funding many of the health professions House the ramifications of cutting this uals, and families, I am told of the training programs. I certainly pledge vital program. many challenges facing small rural to the gentlewoman that I will try to CSBG ensures that America’s low-in- communities in terms of access to address this problem when we are in come families and communities have health care. conference with our Senate colleagues. access to quality programs that help Mr. OBEY. Mr. Chairman, I move to b 1515 meet their local needs. If this cut were strike the last word. to take place, current and future serv- In Congress, one of my top priorities Mr. Chairman, I yield to the gentle- ices would be eliminated or disrupted is to ensure those in my district from woman from California (Mrs. CAPPS). for about 6.5 million low-income indi- Spokane, which is the largest medical Mrs. CAPPS. Mr. Chairman, I thank viduals and 3 million families, includ- center between Seattle and Min- the ranking member for yielding me ing almost 2 million children. neapolis, to the more rural commu- time, and I apologize for speaking out As the chairman knows, CSBG sup- nities have access to quality, afford- of order on an amendment that I did plies the core funding for more than able health care. not understand the rules for providing 1,100 grantees, primarily Community It concerns me that eastern Wash- debate time for. Action Agencies nationwide. A cut in ington and throughout rural America, Mr. Chairman, I rise in support of the funding would put many important we are seeing an increasing shortage of Owens-LaTourette amendment. This services provided by these agencies at health care professionals. Already, 20 bill before us endangers the lives of our risk. This includes domestic violence percent of the United States is im- Nation’s nurses and our first respond- services, food banks, health and dental pacted by health care personnel short- ers, and it threatens the ability of our clinics, entrepreneurship skills and fi- ages. We need doctors, nurses, lab tech- country to keep control of tuber- nancing, asset development, job devel- nicians and, especially in rural areas, culosis, and it blocks a critical require- opment and skills training, and youth we have a critical need for training in ment that nurses, EMTs, firefighters, training. And the list goes on. primary care medicine and dentistry. and other first responders are fitted an- I would like to use an example of one Congress has recognized these chal- nually for tight-fitting respirators. such organization in my district, the lenges and has worked to preserve Mr. Chairman, these respirators are Greater Erie Community Action Com- rural communities’ access to health masks that protect these emergency mittee, or GECAC. This cut would con- care by investing in the Training in responders, these health care profes- siderably limit GECAC’s ability to pro- Primary Care Medicine and Dentistry sionals, from being exposed to deadly

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.126 H23JNPT1 H5056 CONGRESSIONAL RECORD — HOUSE June 23, 2005 diseases like tuberculosis or anthrax or we engaged in this debate on the budg- African American community, which is any of the bioterrorist agents that et and offer a Congressional Black Cau- so devastated by HIV/AIDS, has to have could be used in a terrorist attack. cus budget that focused on the agenda adequate resources itself to reverse its For these respirators to be effective, of closing disparities between African toll, and that AIDS patients across this they must fit properly. And since peo- Americans and other Americans. It en- country need adequate ADAP funding ple’s faces change over the years as abled us to develop a legislative and an to get the treatment they need. they gain or lose weight, they must be appropriations agenda that focused on This budget does not care, obviously, checked on an annual basis, which is that same objective. that an ounce of prevention is worth a currently required by law. It is a com- So why are we here today? Because pound of cure. This country, it says monsense law. this bill literally blows up our whole that this country would rather neglect Language inserted into this bill domestic agenda that the Congres- prevention and early care in favor of would eliminate that requirement. The sional Black Caucus has adopted. In high-tech, more expensive payments Owens-LaTourette amendment would health care, in education, in justice, that come too little too late, if at all, protect current law and the require- and in all of the things that we believe to the poor, the rural, and the people of ment for annual fit-testing of res- are important, we believe this bill color to make a difference. This bill pirators. Retaining the requirements moves us in the wrong direction. would make this country one that pre- that respirators be fit-tested annually In our CBC budget, we proposed to fers to have the poor and the middle- is essential to our efforts to control tu- roll back the tax cuts on people who class citizens bear every burden, from berculosis and to respond to bioter- make the highest amount of money in war to environmental pollution and to rorism. our country, people over $200,000 a illness, just so that its richest people If these respirators do not fit prop- year, and to get $20 billion, approxi- can get richer. erly, the emergency responders we are mately, out of that rollback from On behalf of my constituents and counting on to prevent the spread of which we could do our agenda. That people of color across this country, I contagion, disease, and death may be- was not allowed. say we reject the crumbs from the ta- come infected themselves, and that We cannot do what we want to do in bles of the rich. We want what we de- would increase the number of patients the context of this bill because the serve: good health, a decent education, we have to deal with and reduce our only thing we could do in this bill, if and the opportunity for a good job with ability to effectively respond. It would we offered an amendment, would be to a living wage. certainly affect the ability of care- rob Peter to pay Paul. We would be This bill sends the wrong message. givers to respond. This is not the right taking from one worthy purpose to The culture of life that we hear so way to prepare our Nation for bioter- give to another. much about, apparently, this bill does rorism or public health emergencies. But we cannot sit by and allow this not want it extended past birth. I urge my colleagues to support bill, which rolls back adult training I urge my colleagues to vote ‘‘no’’ on nurses, to support EMTs, firefighters, grants, U.S. employment services, this bill, to do whatever we can to and other first responders by voting for youth training grants, Job Corps, com- block the tax cuts, and to take our the Owens-LaTourette amendment. munity service block grants, LIHEAP, country back. I say, let us really fund Mr. WATT. Mr. Chairman, I move to No Child Left Behind, and zeroes out a our culture of life. Let us fund those strike the last word. total of 48 programs that would have programs that are being eliminated Mr. Chairman, I ask unanimous con- the effect of closing disparities be- from sickle cell, from training, and sent that the time be extended by 10 tween us and other Americans. maternal and child health and, all of additional minutes, for a total of 15 We must stand, and that is why we the programs that keep our commu- minutes in time, and that I be allowed have asked for the time today. nities healthy. Let us really fund the to yield that time to other Members. Mr. Chairman, I yield to the gentle- culture of life by rejecting tax cuts in The CHAIRMAN. Is there objection woman from the Virgin Islands (Mrs. favor of sharing the burdens and the to the request of the gentleman from CHRISTENSEN) to talk about the health bounty of this country, by investing in North Carolina? disparities that this bill will not help our people and their health, and really There was no objection. close. have a budget that supports life. (Mr. WATT asked and was given per- (Mrs. CHRISTENSEN asked and was Mr. WATT. Mr. Chairman, I yield to mission to revise and extend his re- given permission to revise and extend the gentleman from New York (Mr. marks.) her remarks.) OWENS). Mr. WATT. Mr. Chairman, I am here Mrs. CHRISTENSEN. Mr. Chairman, (Mr. OWENS asked and was given as chairman of the Congressional Black this bill not only undermines our Na- permission to revise and extend his re- Caucus, and to talk about the bill be- tion’s greatest resources, our people, marks.) fore us. but as a document, it is not worthy of Mr. OWENS. Mr. Chairman, the Con- When I became Chair of the Congres- what this country stands for. As a mat- gressional Black Caucus has always sional Black Caucus earlier this year, I ter of fact, when I look at it, I just do held up education as our number one encouraged my colleagues in the cau- not know what the Nation stands for. priority. At the heart of our agenda to cus to refocus their energies, and they It obviously does not stand, this bill end disparities this year is a bill which agreed to do so, on the basic historical says that it does not stand for equal calls for the Federal Government to re- purpose of the Congressional Black and the best health care for every quire that all States equalize their dis- Caucus: closing disparities that exist American when we look at the cuts in tribution of education funds. It is a between African Americans and other programs that provide needed services, major problem across the country. Co- Americans in this country. maternal and child health, sickle cell lumbia University has recently started That enabled us to develop, in a day- programs, the HCAP program, rural a project which identifies 28 States long retreat, an agenda around closing health program, community health where there are lawsuits underway, disparities in this country. It enabled centers, and the failure to extend full just requiring basically that the States us to give that agenda to the President Medicaid to the territories. It also says distribute education funds equally to of the United States on January 17 of that the country does not believe that minority areas and to rural areas as a this year, and to say to the President in this increasingly diverse country, first step toward ending disparities. of the United States, we will not evalu- that our residents should be able to When Lyndon Johnson proposed Title ate you on whether you are a Repub- communicate with their health care I in the Elementary Education Assist- lican or a Democrat; we will evaluate provider. ance Act, he proposed it to go into the you solely on whether you are pro- The health profession programs that areas with the greatest needs, the posing an agenda, an appropriation, a are key to eliminating health care dis- greatest poverty. He was offering a way proposal that will close or widen the parities are decimated, an 84 percent to help eliminate disparities. When we disparities that exist between African cut. That is scholarships, loan repay- proposed that Title I funding be raised Americans and other Americans in this ments, and outreach programs. It ap- to the level of the promise, we prom- country. It enabled us to come, when pears that they do not accept that the ised enough money for it to have $13.2

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.131 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5057 billion this year and over the period of self with the comments from the Con- wealth and business development, ensuring time that the legislation has existed. If gressional Black Caucus. I would want justice for all, guaranteeing retirement security we had lived up to the promise, we to assure the chairman of the caucus for all Americans, and increasing equity in for- would have had $40 billion going into that I think that what we are doing eign policy are all important issues that we as the system which basically is designed now is most appropriate. members of the Congressional Black Caucus to help end disparities. Mr. Chairman, let me first say thanks to you strive to make advancements in every day. b 1530 and the Ranking Member for your work on this The CBC acknowledges the unfortunate fact bill. that disparities between African-Americans Title I money goes to the poorest Despite the hard work that went into this bill, and white Americans continue to exist in 2005 areas of our country. Title I money I will not be voting in favor of the bill. in every aspect of our lives and that the histor- goes, in big cities, to areas like my dis- More specifically, the bill cuts all funding for ical mission of the CBC has not yet been fully trict. Title I money goes to areas Area Health Education Centers, Health Edu- accomplished. It is important to note that pro- where you will find the largest amount cation and Training Centers, and Health Pro- viding high-quality education to all public of health problems, you find the largest fessions Training Programs. All of these pro- school students is very critical to achieving our amount of people who are being put in grams fall under Title VII and are very impor- objectives in all areas of our Agenda. prisons. tant to my constituents. These programs have More specifically, we must continue sup- You will find the greatest rate of un- been addressing the needs of medically un- porting early childhood nutrition, Head Start employment. So title I money is tar- derserved communities in Texas since 1991 and movements toward universal pre-schools. geted to help end disparities. But it is by playing a key role in providing health serv- Providing education and assistance appro- not happening at the rate that it ices and health care professionals for our priate to the needs of each individual student should, because of the fact that we are most vulnerable populations. to fulfill the promise of No Child Left Behind, cutting back on our investment in edu- The bill also cuts funding in other important dropout prevention, after-school programs, cation. programs. For example, the bill provides the school modernization and infrastructure and The people who live in the areas smallest increase for NIH in 36 years. It re- equipment enhancement is important. helped by title I funds are people who duces the overall Centers for Disease Control Increasing the availability of Pell Grants, are important to the America of the fu- and Prevention budget. Further it ends HHS scholarships, loan assistance and other spe- ture as anyone else. These are major contributions to the Global AIDS Fund. The bill cialized programs to enable and provide in- human resources. We should invest in also cuts substance abuse prevention and centives to more African-American students to these human resources, follow the gen- treatment and produces a continued decline in obtain college, graduate or professional de- tleman from Wisconsin (Mr. OBEY) in the number of research grants. While the bill grees or otherwise receive training and retrain- terms of setting aside money for pri- provides a small increase for Head Start, it ing to meet changing job needs is also very ority education programs. does not adopt the President’s proposal to important. The preservation and improving of If you reached into the tax cuts and spend $45 million on new pilot programs Historically Black Colleges and Universities is gave less of a cut to the richest people under which State governments would take also essential to our growth as a people. The in America, you could easily fund the over management of the program in nine following are some of the dramatic disparities promise of title I as well as many of States. The bill also freezes appropriations on that the CBC believes would be reduced by these other education programs. But the Child Care Block Grant at the FY05 level the above priorities: this budget reverses what has been of $2.083 billion, making it the fourth year in In 2003, 39 percent of African-American 4th happening over the last few years. For a row which this program has been either fro- grade students could read at or above a basic the first time, we have frozen edu- zen or cut. reading level compared to 74 percent of white cation and actually gone backwards in Unfortunately, the bill only provides $14.7 4th grade students, and 39 percent of African- some instances, because the rising cost billion for the Education for the Disadvantaged American 8th grade students performed at or of living means that you cannot have Children Program. It saddens me to say that above a basic math level compared to 79 per- the same funding and get the same re- this amount is $115 million less than the cur- cent of white 8th grade students; sults when the costs are going up. rent level and $1.7 billion less than the Admin- High school completion rates—83.7 percent Not only has No Child Left Behind istration’s request. I hope more funding can be for African-Americans, and 91.8 percent for received what is really a cut, but the provided for this important program during whites; promise of funding IDEA, Individuals conference. Bachelor Degree recipients—16.4 percent With Disabilities Education Act, with Before closing, I would like to express my for African-Americans, and 31.7 percent for greater funds has been thrown away. dismay with the $100 million decrease in fund- whites; and The bill freezes after-school centers; ing for Corporation for Public Broadcasting. A Digital Divide—41.3 percent of African- education technology has been slashed. loss in CPB funding would seriously hamper Americans are capable of accessing the Inter- And on and on it goes. We are not in- PBS’ ability to acquire the top quality chil- net, compared to 61.5 percent of whites. vesting in a major area of human re- dren’s educational programming that is used Another important area of the CBC agenda sources that our Nation needs. in classrooms, day care centers and millions centers on health care disparities. The twen- Mr. WATT. Mr. Chairman, solely for of American households to educate, entertain tieth century saw major advances in health the purpose of a unanimous consent re- and provide a safe harbor from the violent, care, health status, and longevity. Despite quest, I yield to the gentlewoman from commercial and crass content found in the these gains, differential morbidity and mortality Texas (Ms. JACKSON-LEE.) commercial marketplace. PBS provides valu- between Caucasian populations and people of (Ms. JACKSON-LEE of Texas asked able services that improve classroom teaching color persist; creating what the CBC believes and was given permission to revise and and assist homeschoolers. These could be re- is one of the most pressing health problems extend her remarks.) duced or eliminated if federal funding is cut. affecting America today. Recent reports on ra- Ms. JACKSON-LEE of Texas. Mr. These services include PBS TeacherSource, a cial and ethnic health disparities document the Chairman, I rise to associate myself service that provides pre-K through 12 edu- relatively poor health of African Americans, with my colleagues to promote a better cators with nearly 4,000 free lesson plans, American Indians, Latinos, Asian Americans, quality of life for all Americans and teachers’ guides, and homeschooling guid- and other underrepresented groups when African Americans who are suffering ance; and PBS TeacherLine, which provides compared to white Americans. Not only are greatly from the disparities that are high-quality professional teacher development these groups often less healthy, but they also found in health and education. through more than 90 online-facilitated tend to have shorter life expectancies, greatly Mr. WATT. Mr. Chairman, solely for courses in reading, mathematics, science and increased rates of infant mortality, high rates the purpose of a unanimous consent re- technology integration. We must not cut fund- of chronic disease such as diabetes, worse quest, I yield to the gentleman from ing for this valuable program. outcomes once diagnosed with an illness, and Texas (Mr. AL GREEN.) Let me also take a moment to speak on the less access to health care. (Mr. AL GREEN of Texas asked and Congressional Black Caucus Closing Dispari- Among the dramatic disparities the CBC be- was given permission to revise and ex- ties Agenda. Closing the achievement and op- lieves could be reduced by taking action are: tend his remarks.) portunity gaps in education, assuring quality In December 2004, the American Journal of Mr. AL GREEN of Texas. Mr. Chair- health care for every American, focusing on Public Health reported that 886,000 more Afri- man, I too would like to associate my- employment and economic security, building can-Americans died between 1991 and 2000

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00071 Fmt 7634 Sfmt 9920 E:\CR\FM\K23JN7.133 H23JNPT1 H5058 CONGRESSIONAL RECORD — HOUSE June 23, 2005 than would have died had equal health care tached from the reality of job training, larly the juvenile justice system. But been available; cutting adult job training programs by many of these programs have been ter- While African-Americans comprised approxi- $31 million, which makes it much more minated to fund tax cuts, primarily for mately 12 percent of the U.S. population in difficult for the 7.6 million Americans those with incomes over $200,000. 2000, they represented 19.6 percent of the un- who are out of work to get ahead. One of those programs is the Re- insured; The Republican leadership is de- integration of Youthful Offenders pro- African-American men experience twice the tached from the reality on youth serv- gram sponsored by the Department of average death rate from prostate cancer; ices. Cutting services for successful Labor. It helps young people get jobs, In 2002, the African-American AIDS diag- programs by 36 million young people and we know that those with jobs are nosis rate was 11 times the white diagnosis not only undermines our efforts to help much less likely to commit crimes in rate (23 times more for women and 9 times our youth and become successful in the future. more for men); life, but it helps generate a whole cycle We could fund this program by elimi- African-Americans are two times more likely of hopelessness and despair. nating the earmark of $10 million for to have diabetes than whites, four times more Let me just say, I think the Repub- random nonsuspicion-based drug test- likely to see their diabetes progress to end- lican leadership is totally detached ing. Studies show that that drug test- stage renal disease and four times more likely from the reality on education. Cutting ing does not reduce drug use, and that to have a stroke; and funding for No Child Left Behind by is why that kind of drug testing is op- African-Americans are only 2.9 percent of $806 million only shortchanges public posed by the American Academy of Pe- doctors, 9.2 percent of nurses, 1.5 percent of education. This bill fails to live up to diatrics, the American Public Health dentists and 0.4 percent of health care admin- any standard of morality. In fact, it Association, and the National Edu- istrators, yet African-Americans comprise 12 really does take morality to a new low. cation Association. percent of the population. If this bill is to reflect our values of I would hope that as we go forward, As Congressional Black Caucus members, compassion, Mr. Chairman, it needs to adjustments in the budget to re-fund we will continue to work towards closing the stop taking from the poor and giving to the Reintegration of Youthful Offender gaps in education, health care, and employ- the rich. This bill does nothing to close program and un-fund the earmark for ment. the glaring disparities put forth by the $10 million for the random nonsus- I thank the Chairman for my time. Congressional Black Caucus that we picion-based drug testing could be Mr. WATT. Mr. Chairman, solely for are trying to close. made. the purpose of a unanimous consent re- Mr. Chairman, I urge my colleagues This amendment would be supported quest, I yield to the gentleman from to vote ‘‘no’’ on this bill. by the American Correctional Associa- Texas (Mr. AL GREEN.) Mr. WATT. Mr. Chairman, I yield to tion, the Association for Addictive Pro- (Mr. AL GREEN of Texas asked and the gentleman from Illinois (Mr. fessionals, and the National Associa- was given permission to revise and ex- DAVIS.) tion of Social Workers. tend his remarks.) (Mr. DAVIS of Illinois asked and was Mr. WATT. Mr. Chairman, I yield for Mr. AL GREEN of Texas. Mr. Chair- given permission to revise and extend a unanimous consent request to the man, I too would like to associate my- his remarks.) gentlewoman from Georgia (Ms. self with the comments from the Con- Mr. DAVIS of Illinois. Mr. Chairman, MCKINNEY). gressional Black Caucus. I would want recognizing the fact that serious dis- (Ms. MCKINNEY asked and was given to assure the chairman of the caucus parities continue to exist for African permission to revise and extend her re- that I think that what we are doing Americans in practically all aspects of marks.) Ms. MCKINNEY. Mr. Chairman, I rise now is most appropriate. life, the Congressional Black Caucus because the racial disparity in unem- Mr. WATT. Mr. Chairman, solely for has focused much of its attention this ployment, median family income, aver- the purpose of seeking a unanimous session on closing these gaps and re- age household net worth, over-65 pov- consent request, I yield to the gen- ducing those disparities. erty rate, and infant mortality is not tleman from Missouri (Mr. CLEAVER). Unfortunately, this budget, this ap- (Mr. CLEAVER asked and was given propriation in many ways dashed the decreasing, it is increasing. Mr. WATT. Mr. Chairman, I yield permission to revise and extend his re- hopes of those who had thought and solely for purposes of a unanimous con- marks.) hoped that maybe it would provide sent request to the gentleman from Mr. CLEAVER. Mr. Chairman, I rise some help. Instead, it cuts at the heart Georgia (Mr. SCOTT). in opposition to the bill. of many of these programs and areas of (Mr. SCOTT of Georgia asked and Mr. WATT. Mr. Chairman, I yield to concentration, which are absolutely es- was given permission to revise and ex- the gentlewoman from California (Ms. sential if we are to reduce these gaps. tend his remarks.) LEE). This budget cuts job training, job de- Mr. SCOTT of Georgia. Mr. Chair- Ms. LEE. Mr. Chairman, today I rise velopment programs, health services, man, I rise to say that there are ex- to say this: you know for the sake of education. traordinary discrepancies faced by Af- $140,000 tax cuts for those making more We reduce educational opportunities rican Americans and associate my re- than a million dollars, Republicans and cut funds for prisoner reentry and marks with the eloquent remarks of continue to force working men and successful reintegration of these indi- those who have preceded me from the women, our children, and the poor to viduals back into normal life as self- Congressional Black Caucus. pay, putting the priorities of the sufficient and contributing members of Mr. WATT. Mr. Chairman, I yield wealthy over basic investments in edu- society. solely for a unanimous consent request cation, health care in our commu- I would hope, I would urge, I would to the gentlewoman from Texas (Ms. nities. It is immoral; it is just down- implore, I would importune conferees EDDIE BERNICE JOHNSON). right wrong. that as you go to conference, please (Ms. EDDIE BERNICE JOHNSON of This bill widens the disparities which look seriously at putting money back Texas asked and was given permission the Congressional Black Caucus is try- into reentry programs so that these in- to revise and extend her remarks.) ing to close. The Republican leadership dividuals, both juveniles and adults, Ms. EDDIE BERNICE JOHNSON of is totally detached from the realities can lead happy, productive, contrib- Texas. Mr. Chairman, I rise against on AIDS funding, by freezing funding uting lives; and let the 630,000 individ- this bill. It has cut every program to for the Ryan White AIDS Care Pro- uals who come home from prison each help the poor and elderly in the entire gram and ending the Global AIDS Fund year have some help to become produc- government. It would be shameful to Contribution. Critical support for HIV/ tive citizens. vote for it. AIDS patients is totally denied. They Mr. WATT. Mr. Chairman, I yield to I object to this bill. This bill cuts every pro- are detached from the reality on the gentleman from Virginia (Mr. gram designated to assist poor children and human services. Slashing the commu- SCOTT). the elderly. It’s shameful that anyone will vote nity services block grant program in Mr. SCOTT of Virginia. Mr. Chair- for it. half only hurts the poorest who have man, we have very many disparities in Mr. WATT. Mr. Chairman, I rise to no other place to turn. They are de- the criminal justice system, particu- say to my colleagues, 15 minutes, an

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.035 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5059 hour and 15 minutes, 15 days would not 20 percent. But having said that, and also have a great concern for people be enough time for us to tell you how having talked about the progress that who are in the workplace and need to bad this bill is and how devastating it we have made, when we first passed the be protected with safety inspections, will be in opening disparities that al- Individuals with Education Disability need to be protected with the OSHA ef- ready exist wider and wider and wider. Act in 1975, the Federal Government forts to ensure that the workplace is When we rise into the full House, we committed to fund 40 percent of the safe and so on. And if we cut the fund- intend to offer a copy of the Congres- cost of special education. Today, ing for OSHA to fund this program, I sional Black Caucus agenda, the legis- though we have made significant do not think we are being fair to people lative agenda, and a listing of 48 pro- progress, as I said, going from 7 percent who depend on OSHA to ensure that grams that are zeroed out by this bill. to 20 percent, we are still 20 percent they have a safe place to work. And I do not know how we think there is short. also it would have the effect of denying going to be any kind of movement to- Since I have been a Member of Con- OSHA the money they need to go into ward a closing of the disparities that gress, we have also appropriated in places of employment and give them exist between rich and poor, black and each budget that I have voted for, and advice on how to make it safer. white in this country if we continue to the corresponding appropriations bills, Well, that is very important to the go down the road we are going. nearly $1 billion more for special edu- employer. It is important to the em- We have drained all of our resources cation in 2003 and in 2004. And in the ployee, and it is important to all the off to war, to tax cuts, and left nothing 2005 budget this year, we budgeted $500 people who are part of this Nation’s to address the needs of our own coun- million, which I believe during tight workforce. And here we have got a per- try and our own people. budget times was an appropriate fig- fect example of having to make some AMENDMENT OFFERED BY MR. BRADLEY OF NEW ure. very difficult trade-offs because IDEA HAMPSHIRE Unfortunately, in the appropriations is vital, too, in terms of opportunity Mr. BRADLEY of New Hampshire. process, that figure of $500 million was for young people who have some type Mr. Chairman, I offer an amendment. cut to $150 million. My amendment of a special need. The Clerk read as follows: today, if accepted, would restore $50 I wish we could do both. But we had Amendment offered by Mr. BRADLEY of million of that funding and increase to make priority judgments when we New Hampshire: the special ed funding. put this bill together. So we tried to Page 16, line 4, insert ‘‘(reduced by increase IDEA and at the same time b 1545 $25,000,000)’’ after the aggregate dollar maintain OSHA to a level that would amount. Now, as I suspect most of my col- Page 70, line 23, insert ‘‘(increased by ensure worker safety. And for this rea- leagues find when they do town hall son I have to oppose this amendment $50,000,000)’’ after the aggregate dollar meetings, as I do, that a constant ques- amount. because this, like many others, has a Page 78, line 15, insert ‘‘(reduced by tion arises, When will the Federal Gov- wonderful and a worthy intent; but in $25,000,000)’’ after the aggregate dollar ernment fully fund its commitment to terms of priorities between the safety amount. special education? of the workplace and putting more in, Mr. REGULA. Mr. Chairman, I ask This is a question that I answer re- and we do put a lot into the IDEA pro- unanimous consent that the debate on peatedly in my home State of New gram, over $11 billion, we just have to this amendment and any amendments Hampshire. As people struggle with the make the choice. thereto be limited to 10 minutes, to be high cost of property taxes and all of Under those circumstances I would equally divided and controlled by the the mandates that are put upon them have to oppose the amendment. proponent and myself, the opponent. both by the Federal Government and Mr. Chairman, I reserve the balance The CHAIRMAN. Is there objection by State governments, they ask me of my time. to the request of the gentleman from when will the Federal Government ful- Mr. BRADLEY of New Hampshire. Ohio? fill its commitment to fully funding Mr. Chairman, I yield myself the bal- There was no objection. special education. ance of my time to close on this Mr. BRADLEY of New Hampshire. Well, I realize this amendment is a amendment. Mr. Chairman, I yield myself such time modest amendment, adding $50 million With all due respect to the chairman as I may consume. to the appropriated level for special of the subcommittee, who I know has Mr. Chairman, I would like to begin education; nevertheless, it is important worked very hard over the years to in- by thanking the graciousness of the to continue to seek to do everything crease our commitment to special edu- chairman of the subcommittee, as well that we can to maintain our commit- cation, I thank him for that and fully as the chairman of the full committee, ment to special education funding. respect him for that. And I also under- and the staff who have worked with us Mr. Chairman, I ask my colleagues to stand the difficulty of the choices that today to try and find an acceptable off- support this amendment. we have to make. set so that we can increase the amount Mr. Chairman, I reserve the balance Nevertheless, my amendment will of dollars in special education funding of my time. help us, in some small but significant in this appropriations bill. Mr. REGULA. Mr. Chairman, I yield way, keep the commitment that the Unfortunately, we were unable to myself such time as I may consume. Federal Government made in 1975 when reach an agreement, and so I am pro- I reluctantly rise in opposition to it passed the IDEA law, keep the com- ceeding with this amendment to in- this amendment. I am a very strong mitment to local taxpayers, to State- crease appropriated dollars in this bill supporter of the IDEA programs and we funded and local-funded education ef- by $50 million and to take $25 million did put additional money in, as much forts that we mandate right here in from OSHA, as well as $25 million from as we were able to do given the con- Washington. It will help us keep that the Department of Education, both straints of what was given to us to commitment, and I urge my colleagues from the administrative accounts, in work with. It is quite obvious there are to support the amendment. both of those Departments, to fund this a lot of good programs that we are not Mr. Chairman, I yield back the bal- additional request for special edu- able to fund to the level we would like ance of my time. cation. to. We did put $150 million increase in Mr. REGULA. Mr. Chairman, I yield Mr. Chairman, as you know, and as this bill, and anyone that has been lis- back the balance of my time. the chairman of the subcommittee and tening to the debate today knows that The CHAIRMAN. The question is on the chairman of the full committee there are a lot of favorite programs and the amendment offered by the gen- know, we have made tremendous a lot of good programs that we are not tleman from New Hampshire (Mr. progress in funding our commitment to able to give the level of funding to that BRADLEY). special education over the years. Yet people would like to have. The question was taken; and the we are falling short. But here we are talking about offset- Chairman announced that the noes ap- Since 1976, we have increased the per- ting this, taking this money out of peared to have it. centage of special education from OSHA. Now, I understand the concern Mr. BRADLEY of New Hampshire. about 7 percent to now approximately for these children, these students, but I Mr. Chairman, I demand a recorded

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.137 H23JNPT1 H5060 CONGRESSIONAL RECORD — HOUSE June 23, 2005 vote, and pending that, I make the new heights and as they find them- thank him for his great leadership in point of order that a quorum is not selves reaching higher costs in terms of this regard. Within this bill and under present. college tuition, the only increase to fi- these tight allocations, the sub- The CHAIRMAN. Pursuant to clause nancial aid in this bill, the only in- committee was able to provide an in- 6 of rule XVIII, further proceedings on crease is a mere $50 to the maximum crease of $100 million for this program the amendment offered by the gen- Pell grant. College tuition for a public for fiscal year 2006, bringing overall tleman from New Hampshire (Mr. university in my State has risen more spending to $1.817 billion. BRADLEY) will be postponed. than $1,500 over 4 years. In that time, While this is a step in the right direc- The point of no quorum is considered the actual average Pell award in- tion, it is my hope that the gentleman withdrawn. creased a meager $432. will continue to work throughout the Mr. MENENDEZ. Mr. Chairman, I Mr. Chairman, I know the value of a process to increase funding for the pro- move to strike the last word. Pell grant. I benefited from one. As the gram closer to the President’s request (Mr. MENENDEZ asked and was first in my family to attend college, re- of $2.038 billion. As we search for ways given permission to revise and extend ceiving that aid gave me critical finan- to control Medicaid cost, reduce emer- his remarks.) cial support, but also a boost of con- gency room visits and keep people Mr. MENENDEZ. Mr. Chairman, I be- fidence that I could succeed. There are healthy, community health centers lieve the budget we pass is reflective of now nearly 5 million students who ben- have served as a shining example, Mr. the values we hold as a country and the efit from Pell grants, approximately Chairman, of what works. The only vision we have for our Nation. And the 100,000 in my State alone. But not for problem is that we do not have more budget resolution and appropriations long. Under a formula change by this them of them across the country in bills, such as the ones we are debating administration, at least 90,000 students communities of need. here, are moral documents and we would lose their award and another 1.3 This bill is the means to expand the should treat them as such. million would see reductions in their program to more people, especially The bill before us is in clear dis- awards this year. those who lack health insurance. And regard of the values that makes this So in the end, what is the real value it is my hope that we do as much as country great. This is a bill that will of a $50 increase? Not much, Mr. Chair- possible in this regard to save money do a disservice to our Nation and will man. Our young people deserve a real and keep people healthy in the future. only weaken its future. At a time when effort to help them finance their I cannot emphasize strongly enough we can find the money to fund tax cuts dreams of college. But that is not part the important role that community of $140,000 for the lucky few who make of the vision Republicans have for our health centers play in providing care to over a million dollars a year, at a price country. And we see clearly in this bill the millions of Americans who lack tag of $10.7 billion next year alone, it is what their vision is not. health insurance. For some, the only inexcusable and I find it immoral, that It is not a vision that includes the medical attention they receive comes the first thing that goes is our invest- opportunity for all children regardless from the local health center. ment in our children’s future. of background or income to attend col- I applaud the subcommittee’s ap- Mr. Chairman, educators in schools lege, or the chance for every child to proval of a $100 million increase. Much across the country have been working have the best teachers, the best edu- of that funding, unfortunately, is al- hard to implement the changes No cation, and the best chance to succeed ready committed, leaving very few ad- Child Left Behind asked of them to regardless of the happenstance of ditional resources to strengthen cur- achieve: to raise proficiency, to dem- where they were born. rent health centers or expand to new onstrate results. And they have been Instead, what we get is the realiza- communities outside the President’s working to do this despite a persistent tion of the priorities of the President new initiative for poor counties. This underfunding of the law totaling nearly and this Republican Congress. year HHS actually canceled the last $30 billion in the 4 years since we Tax cuts in the name of our chil- competition for new health centers site passed No Child Left Behind. This bill dren’s future are not my priorities, Mr. funding due to the lack of available would increase that deficit to $40 bil- Chairman. Our children deserve better. funds. As the chairman is very well lion. Our country deserves better. This bill aware, many communities apply nu- Now we are asking more of our does not represent our values. It does merous times before they are selected. schools than ever before. And yes, they not represent the values of families in And with fewer and fewer opportuni- can meet higher standards and they this country, and it certainly does not ties, many communities may become can increase performance, but we must represent the values of the people I discouraged by the process and with- provide them with the resources that serve in New Jersey. draw from this model of care. we promised in this legislation. I urge my colleagues to vote against So I would ask the chairman to work Now, I served on a school board, Mr. the bill. At the end of the day, it is a throughout the process to increase the Chairman. I know the struggle of im- poor excuse for providing the caliber of funding for this program to further ex- possible budgets and having to choose education that the future of the coun- pand access to care in a manner closer between new textbooks, better tech- try deserves. to the $304 million increase by the nology, music classes and meeting the Mr. REGULA. Mr. Chairman, I move President. And a letter to that effect capital challenges of a school district. to strike the last word. was signed by more than half of the No Child Left Behind promised a strong Mr. BILIRAKIS. Mr. Chairman, will House earlier this year. Federal partnership for our schools and the gentleman yield? educators, but this works only if we Mr. REGULA. I yield to the gentle- b 1600 act as true partners. Yet this bill actu- woman from Florida. Mr. BONILLA. Mr. Chairman, will ally cuts funding for No Child Left Be- Mr. BILIRAKIS. Mr. Chairman, I the gentleman yield? hind by more than $800 million from thank the chairman for yielding to me Mr. REGULA. I yield to the gen- last year and by more than a billion so that I might engage in a colloquy tleman from Texas. dollars less than even the President’s with him to discuss the funding for the Mr. BONILLA. Mr. Chairman, I request. consolidated health centers program. thank the gentleman from Ohio for his In addition to slashing a number of The gentleman from Ohio (Mr. REG- time and greatly appreciate his leader- the President’s requests, this bill pro- ULA), as we all know, has been a tre- ship on behalf of health centers across vides only half of his proposed increase mendous supporter of health centers, the country. I also appreciate the years for Pell grants, something the Presi- and I appreciate his taking the time of work that the gentleman from Flor- dent himself has touted as a top pri- today to discuss how we can strengthen ida has put in on behalf of health cen- ority. and expand the program next year. ters, and I dare say the current expan- Now, instead, this bill flat-funds, or As the gentlemen is well aware, sion would not have occurred without cuts program after program. I believe Members of both sides of the aisle have his leadership. it is a slap in the face to our young risen in support of this critically im- Mr. Chairman, I would like to add to people that as we ask them to reach portant program over the years and I the gentleman’s remarks by discussing

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.142 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5061 the need to strengthen existing cen- by the National Mine Health and Safety 31, 2006, of which $1,984,000 is for the National ters, like the one in my congressional Academy for room, board, tuition, and the Veterans’ Employment and Training Serv- district, Uvalde County Clinic. Al- sale of training materials, otherwise author- ices Institute. To carry out the Homeless though Uvalde County Clinic has a re- ized by law to be collected, to be available Veterans Reintegration Programs (38 U.S.C. for mine safety and health education and 2021) and the Veterans Workforce Investment markable record of controlling costs training activities, notwithstanding 31 Programs (29 U.S.C. 2913), $29,500,000, of while serving thousands of patients, U.S.C. 3302; and, in addition, the Mine Safety which $7,500,000 shall be available for obliga- they are still seeing cost increases that and Health Administration may retain up to tion for the period July 1, 2006, through June are forcing them to make decisions on $1,000,000 from fees collected for the approval 30, 2007. what services to continue and which to and certification of equipment, materials, OFFICE OF INSPECTOR GENERAL cut back if increased funding is not and explosives for use in mines, and may uti- For salaries and expenses of the Office of available. lize such sums for such activities; the Sec- Inspector General in carrying out the provi- As a matter of fact, their funding has retary is authorized to accept lands, build- sions of the Inspector General Act of 1978, as ings, equipment, and other contributions amended, $65,211,000, together with not to ex- been cut this year since HHS has not from public and private sources and to pros- yet sent out the base grant adjust- ceed $5,608,000, which may be expended from ecute projects in cooperation with other the Employment Security Administration ments provided by this bill last year agencies, Federal, State, or private; the Account in the Unemployment Trust Fund. due to the new policy of reducing each Mine Safety and Health Administration is Mr. ISSA. Mr. Chairman, I move to center’s grant by the across-the-board authorized to promote health and safety edu- strike the last word. cuts approved last year. cation and training in the mining commu- nity through cooperative programs with Mr. Chairman, I would like to thank As the chairman is aware, over the the gentleman from California (Chair- past few years, the President’s budget States, industry, and safety associations; the Secretary is authorized to recognize the Jo- man LEWIS) and the gentleman from has not included increased funding for seph A. Holmes Safety Association as a prin- Ohio (Chairman REGULA). I planned to existing centers to meet the rising cipal safety association and, notwith- offer an amendment, which is at the costs, but each year we have ensured standing any other provision of law, may desk, but after discussing at length the that some portion of the increase was provide funds and, with or without reim- merits of it with the chairman of the bursement, personnel, including service of provided for base grant adjustments. full committee and the chairman of the Unfortunately, this bill does not in- Mine Safety and Health Administration offi- cials as officers in local chapters or in the subcommittee, we reached an under- clude any funding for base grant ad- standing that the importance of wom- justments, and I would hope as we national organization; and any funds avail- able to the department may be used, with en’s health and, particularly, gyneco- move through the process we are able the approval of the Secretary, to provide for logical awareness, is sufficient that we to find a way to set aside some funding the costs of mine rescue and survival oper- will be able to make every effort to try for existing centers for base grant ad- ations in the event of a major disaster. to find dollars to move gynecological justments. BUREAU OF LABOR STATISTICS awareness through the ordinary proc- Mr. Chairman, I appreciate the gen- SALARIES AND EXPENSES ess without an amendment. tleman’s commitment to this program For necessary expenses for the Bureau of I certainly want to thank the chair- and hope that he will continue to work Labor Statistics, including advances or re- man for his help on this. I want to through the legislative process to en- imbursements to State, Federal, and local thank the gentleman from Michigan sure that the funding for the health agencies and their employees for services (Mr. LEVIN) and the gentleman from In- rendered, $464,678,000, together with not to centers program can be closer to the diana (Mr. BURTON), who also wants to President’s request and also include exceed $77,845,000, which may be expended from the Employment Security Administra- quickly make a couple of comments on specific funding for base grant adjust- the effort to raise gynecological aware- ments in the final bill. tion Account in the Unemployment Trust Fund, of which $5,000,000 may be used to fund ness, one of the great and unheard-of Again, Mr. Chairman, the chairman the mass layoff statistics program under sec- killers of American women. has been a true champion of the health tion 15 of the Wagner-Peyser Act (29 U.S.C. Mr. BURTON of Indiana. Mr. Chair- center program, and I look forward to 49l–2). man, will the gentleman yield? our continued work together to expand OFFICE OF DISABILITY EMPLOYMENT POLICY Mr. ISSA. I yield to the gentleman community health centers to those SALARIES AND EXPENSES from Indiana. most in need. For necessary expenses for the Office of Mr. BURTON of Indiana. Mr. Chair- Mr. REGULA. Mr. Chairman, I thank Disability Employment Policy to provide man, I thank the gentleman for yield- both gentlemen, and I think what they leadership, develop policy and initiatives, ing. Excuse my froggy voice, I have got are discussing is vitally important. I and award grants furthering the objective of a little bit of a cold. wish we could do more. I am a big fan eliminating barriers to the training and em- This is a silent killer. Even a pri- of the community health centers. They ployment of people with disabilities, mary physician many times misses a help with the relief, the pressure on $27,934,000. woman who has a gynecological cancer, emergency rooms; and they give people DEPARTMENTAL MANAGEMENT and it is something where education is without any other access to health SALARIES AND EXPENSES extremely important, very important. care a place to go in an emergency. For necessary expenses for Departmental I join with my colleague in asking I am pleased that both gentlemen are Management, including the hire of three se- the chairman of the committee in con- actively pushing; and I might also tell dans, $244,112,000 of which $6,944,000 to re- ference to do whatever funding is nec- main available until September 30, 2007, is essary or agreeable to make sure that my colleagues, we have a great ally in for Frances Perkins Building Security En- the President of the United States. He hancements, and $29,760,000 is for the acquisi- there is an educational process so that believes in the health center program. tion of Departmental information tech- women are informed on what can be In fact, we were not able to do as much nology, architecture, infrastructure, equip- done to protect themselves. If they get as he requested in his budget because ment, software and related needs, which will this cancer early, 95 percent of the of other competing needs, but I hope as be allocated by the Department’s Chief Infor- women can survive more than 5 years, this body in the years to come will con- mation Officer in accordance with the De- but this year 27,000 women will die be- tinue to strengthen the health centers. partment’s capital investment management cause they do not know about it. process to assure a sound investment strat- I join with the gentleman from Cali- The CHAIRMAN. The Clerk will read. egy; together with not to exceed $311,000, fornia (Mr. ISSA) in urging the gen- The Clerk read as follows: which may be expended from the Employ- EWIS MINE SAFETY AND HEALTH ADMINISTRATION ment Security Administration Account in tleman from California (Mr. L ), our chairman, to deal with this prob- SALARIES AND EXPENSES the Unemployment Trust Fund. VETERANS EMPLOYMENT AND TRAINING lem. For necessary expenses for the Mine Safety Mr. LEVIN. Mr. Chairman, will the and Health Administration, $280,490,000, in- Not to exceed $194,834,000 may be derived cluding purchase and bestowal of certificates from the Employment Security Administra- gentleman yield? and trophies in connection with mine rescue tion Account in the Unemployment Trust Mr. ISSA. I yield to the gentleman and first-aid work, and the hire of passenger Fund to carry out the provisions of 38 U.S.C. from Michigan, the coauthor of this motor vehicles, including up to $2,000,000 for 4100–4113, 4211–4215, and 4321–4327, and Public legislation. mine rescue and recovery activities; in addi- Law 103–353, and which shall be available for Mr. LEVIN. Mr. Chairman, I thank tion, not to exceed $750,000 may be collected obligation by the States through December the gentleman very much for yielding,

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.144 H23JNPT1 H5062 CONGRESSIONAL RECORD — HOUSE June 23, 2005 and I want to join all of my colleagues ant to this Act shall be obligated or ex- tion to any legislative proposal or candidate in emphasizing the importance of this pended for the procurement of goods mined, for public office: Provided further, That and congratulating the chairman and produced, manufactured, or harvested or $797,521,000 shall be for State AIDS Drug As- everybody concerned with willingness services rendered, whole or in part, by forced sistance Programs authorized by section 2616 or indentured child labor in industries and of the Public Health Service Act: Provided to take action on this. host countries already identified by the further, That in addition to amounts pro- As mentioned, this indeed is a serious United States Department of Labor prior to vided herein, $25,000,000 shall be available problem. Each year about 80,000 women enactment of this Act. from amounts available under section 241 of are diagnosed with gynecological can- SEC. 104. For purposes of chapter 8 of divi- the Public Health Service Act to carry out cers. If they are detected early, they sion B of the Department of Defense and Parts A, B, C, and D of title XXVI of the are among the most curable. If they Emergency Supplemental Appropriations for Public Health Service Act to fund section Recovery from and Response to Terrorist At- 2691 Special Projects of National Signifi- are not, they are among the most dead- tacks on the United States Act, 2002 (Public ly, and so this education effort is so cance: Provided further, That, notwith- Law 107–117), payments made by the New standing section 502(a)(1) of the Social Secu- critical. York Workers’ Compensation Board to the rity Act, not to exceed $116,124,000 is avail- So I know the gentleman from Cali- New York Crime Victims Board and the New able for carrying out special projects of re- fornia (Mr. LEWIS) cares so much about York State Insurance Fund before the date gional and national significance pursuant to this. I do hope and trust that a way of the enactment of this Act shall be deemed section 501(a)(2) of such Act. to have been made for workers compensation will be found to address this issue. So AMENDMENT OFFERED BY MRS. JOHNSON OF programs. many lives are at stake. CONNECTICUT This title may be cited as the ‘‘Department Mr. ISSA. Mr. Chairman, I thank the of Labor Appropriations Act, 2006’’. Mrs. JOHNSON of Connecticut. Mr. gentleman. TITLE II—DEPARTMENT OF HEALTH AND Chairman, I offer an amendment. Mr. LEWIS of California. Mr. Chair- HUMAN SERVICES The Clerk read as follows: man, will the gentleman yield? HEALTH RESOURCES AND SERVICES Amendment offered by Mrs. JOHNSON of Mr. ISSA. I yield to the gentleman ADMINISTRATION Connecticut: Page 25, line 16, after the dollar amount in- from California. HEALTH RESOURCES AND SERVICES sert ‘‘(increased by $11,200,000)’’. Mr. LEWIS of California. Mr. Chair- For carrying out titles II, III, IV, VII, VIII, man, I thank the gentleman from San Page 29, line 1, after the dollar amount in- X, XII, XIX, and XXVI of the Public Health sert ‘‘(reduced by $11,200,000)’’. Diego for his bringing this item to our Service Act, section 427(a) of the Federal attention. I also thank very much the Coal Mine Health and Safety Act, title V and Mr. LEWIS of California. Mr. Chair- man, I ask unanimous consent that the gentleman from Michigan (Mr. LEVIN) sections 1128E, 711, and 1820 of the Social Se- and the gentleman from Indiana (Mr. curity Act, the Health Care Quality Improve- debate on this amendment and any amendment thereto be limited to 10 BURTON). ment Act of 1986, as amended, the Native Ha- There is no doubt that the committee waiian Health Care Act of 1988, as amended, minutes to be equally divided and con- the Cardiac Arrest Survival Act of 2000, and is very interested in this challenge. We trolled by the proponent and myself, the Poison Control Center Enhancement and the opponent. intend to take their message to the Awareness Act, as amended, and for expenses conference and look forward to work- The CHAIRMAN. Is there objection necessary to support activities related to to the request of the gentleman from ing with them and doing everything countering potential biological, disease, nu- that is possible in the conference clear, radiological and chemical threats to California? civilian populations, $6,446,357,000, of which There was no objection. agreement. Mr. OBEY. Could the Clerk reread Mr. ISSA. Mr. Chairman, I thank the $39,180,000 from general revenues, notwith- the amendment again? chairman. standing section 1820(j) of the Social Secu- rity Act, shall be available for carrying out The CHAIRMAN. Is there objection The CHAIRMAN. The Clerk will read. the Medicare rural hospital flexibility grants to the request of the gentleman from The Clerk read as follows: program under section 1820 of such Act: Pro- Wisconsin? WORKING CAPITAL FUND vided, That of the funds made available There was no objection. For the acquisition of a new core account- under this heading, $222,000 shall be available The Clerk read the amendment. ing system for the Department of Labor, in- until expended for facilities renovations at Mr. OBEY. Mr. Chairman, I reserve a cluding hardware and software infrastruc- the Gillis W. Long Hansen’s Disease Center: point of order on the amendment. ture and the costs associated with implemen- Provided further, That in addition to fees au- The CHAIRMAN. Without objection, thorized by section 427(b) of the Health Care tation thereof, $6,230,000. the gentlewoman from Connecticut GENERAL PROVISIONS Quality Improvement Act of 1986, fees shall be collected for the full disclosure of infor- (Mrs. JOHNSON) will control 5 minutes SEC. 101. None of the funds appropriated in mation under the Act sufficient to recover and the gentleman from California (Mr. this title for the Job Corps shall be used to the full costs of operating the National Prac- LEWIS) will control 5 minutes. pay the compensation of an individual, ei- titioner Data Bank, and shall remain avail- There was no objection. ther as direct costs or any proration as an able until expended to carry out that Act: The CHAIRMAN. The Chair recog- indirect cost, at a rate in excess of Executive Provided further, That fees collected for the Level II. nizes the gentlewoman from Con- full disclosure of information under the necticut (Mrs. JOHNSON). (TRANSFER OF FUNDS) ‘‘Health Care Fraud and Abuse Data Collec- Mrs. JOHNSON of Connecticut. Mr. EC tion Program’’, authorized by section S . 102. Not to exceed 1 percent of any dis- Chairman, I yield myself such time as cretionary funds (pursuant to the Balanced 1128E(d)(2) of the Social Security Act, shall Budget and Emergency Deficit Control Act be sufficient to recover the full costs of oper- I may consume. of 1985, as amended) which are appropriated ating the program, and shall remain avail- I offer this amendment because one for the current fiscal year for the Depart- able until expended to carry out that Act: of the things that has concerned the ment of Labor in this Act may be transferred Provided further, That $26,000,000 of the fund- Members of this body is the plight of between appropriations, but no such appro- ing provided for Health Centers shall be used the uninsured in America. The commu- priation shall be increased by more than 3 for high-need counties, notwithstanding sec- nity health centers reach out to help percent by any such transfer: Provided, That tion 330(s)(2)(B) of the Public Health Service the uninsured, and they are very effec- an appropriation may be increased by up to Act: Provided further, That no more than tive and very important to that health an additional 2 percent subject to approval $45,000,000 is available until expended for car- by the House and Senate Committees on Ap- rying out the provisions of Public Law 104– care system, available to those who are propriations: Provided further, That the 73: Provided further, That of the funds made either underinsured or uninsured. transfer authority granted by this section available under this heading, $285,963,000 But the HCAP grants are becoming shall be available only to meet emergency shall be for the program under title X of the equally important because they enable needs and shall not be used to create any Public Health Service Act to provide for vol- the community health centers to cre- new program or to fund any project or activ- untary family planning projects: Provided ate a whole network in neighborhoods ity for which no funds are provided in this further, That amounts provided to said and urban communities that can reach Act: Provided further, That the Appropria- projects under such title shall not be ex- out to the uninsured and the under- pended for abortions, that all pregnancy tions Committees of both Houses of Congress insured and bring them into the system are notified at least 15 days in advance of counseling shall be nondirective, and that any transfer. such amounts shall not be expended for any and provide them with a patient home SEC. 103. In accordance with Executive activity (including the publication or dis- and the kind of support that they need. Order No. 13126, none of the funds appro- tribution of literature) that in any way Many of these people have chronic priated or otherwise made available pursu- tends to promote public support or opposi- illnesses. Many of these people are a

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.145 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5063 very high cost to the system because Mr. Chairman, I reserve the balance 202, 203, 301, and 501 of the Federal Mine Safe- they do not get care until they land in of my time. ty and Health Act of 1977, sections 20, 21, and the emergency room or the hospital. Mr. LEWIS of California. Mr. Chair- 22 of the Occupational Safety and Health Act This amendment to provide some man, I yield myself such time as I may of 1970, title IV of the Immigration and Na- funds for the HCAP program is modest. tionality Act, and section 501 of the Refugee consume. Education Assistance Act of 1980, and for ex- It merely moves money from the CDC Let me say to the gentlewoman, I am penses necessary to support activities re- budget, from the VERB program, which very empathetic to the question that lated to countering potential biological, dis- is funding for an anti-obesity media she is raising. I must say that at this ease, nuclear, radiological and chemical campaign that is now duplicative of moment the committee is quite anx- threats to civilian populations; including Federal and private sector programs. ious to see us go forward with the fund- purchase and insurance of official motor ve- Even the Bush administration’s OMB ing in the VERB program, to measure hicles in foreign countries; and purchase, hire, maintenance, and operation of aircraft, says, ‘‘There is no longer a need for further its effectiveness. this Federal program.’’ $5,945,991,000, of which $30,000,000 shall re- We are very empathetic to that main available until expended for equip- I would maintain that now that every which the gentlewoman is discussing, ment, and construction and renovation of fa- school board is conscious of the prob- and we do intend to raise this question cilities; of which $30,000,000 of the amounts lem of obesity and so many groups, in- with the Senate. It is not an issue that available for immunization activities shall cluding McDonald’s, have taken on this will go undiscussed, and I am very remain available until expended; of which cause, that it is not necessary to spend hopeful as we will go forward that we $530,000,000 shall remain available until ex- the Federal money on the obesity cam- will be able to be responsive to the gen- pended for the Strategic National Stockpile; and of which $123,883,000 for international paign; but it is absolutely crucial that tlewoman’s request. we put some placeholder dollars in the HIV/AIDS shall remain available until Sep- b 1615 tember 30, 2007. In addition, such sums as budget for the HCAP program. may be derived from authorized user fees, This program is in 45 States across Mrs. JOHNSON of Connecticut. Mr. which shall be credited to this account: Pro- the country and has already provided Chairman, will the gentleman yield? vided, That in addition to amounts provided access to care for 6.2 million uninsured Mr. LEWIS of California. I yield to herein, the following amounts shall be avail- and vulnerable Americans and has the gentlewoman from Connecticut. able from amounts available under section placed about the same number of chil- Mrs. JOHNSON of Connecticut. Mr. 241 of the Public Health Service Act: dren and parents, children and adults, Chairman, does the gentleman feel con- (1) $12,794,000 to carry out the National Im- into either Medicaid or CHIP. fident even without any placeholder, munization Surveys; (2) $3,516,000 to carry out the National Cen- In Waterbury, Connecticut, the big- should, say, the Senate fail to provide gest city in my district, the HCAP pro- ter for Health Statistics surveys; a placeholder, as they have in the past, (3) $24,751,000 to carry out information sys- gram started only a year and a half that we will be able to address this in tems standards development and architec- ago. It has already provided 750 low-in- conference? ture and applications-based research used at come city residents with case man- Mr. LEWIS of California. I have local public health levels; agers who help them coordinate com- every reason to believe that we will be (4) $463,000 for Health Marketing evalua- plex care regimens, make sure they able to address it in conference. tions; have access to low-cost medications Mrs. JOHNSON of Connecticut. Mr. (5) $31,000,000 to carry out Public Health and track their progress. This same Research; and Chairman, if the gentleman would con- (6) $87,071,000 to carry out research activi- program has enrolled 450 patients, HIV/ tinue to yield, I appreciate the good AIDS patients and diabetes patients in ties within the National Occupational Re- work the Committee on Appropriations search Agenda: the appropriate kind of management and the subcommittee has done. Provided further, That none of the funds made program to monitor their conditions Mr. Chairman, I ask unanimous con- available for injury prevention and control and keep them healthy and out of the sent to withdraw the amendment. at the Centers for Disease Control and Pre- hospital, better quality of life to the The Acting CHAIRMAN (Mr. PUT- vention may be used, in whole or in part, to advocate or promote gun control: Provided patient, savings to society. NAM). Is there objection to the request Eighty physicians because of HCAP, further, That up to $30,000,000 shall be made of the gentlewoman from Connecticut? available until expended for Individual 80 physicians from Waterbury have There was no objection. signed up to provide their fair share of Learning Accounts for full-time equivalent The Acting CHAIRMAN. The amend- employees of the Centers for Disease Control specialty care to this uninsured popu- ment is withdrawn. and Prevention: Provided further, That the lation, and the hospitals have donated The Clerk will read. Director may redirect the total amount lab services. The Clerk read as follows: made available under authority of Public Ultimately, this HCAP grant is going Law 101–502, section 3, dated November 3, HEALTH EDUCATION ASSISTANCE LOANS to electronically provide electronic 1990, to activities the Director may so des- PROGRAM ACCOUNT health records for 120,000 patients in ignate: Provided further, That the Congress is the greater Waterbury area through Such sums as may be necessary to carry to be notified promptly of any such transfer: out the purpose of the program, as author- every hospital and doctor’s office so Provided further, That not to exceed ized by title VII of the Public Health Service $12,500,000 may be available for making that this kind of patient coming into Act, as amended. For administrative ex- grants under section 1509 of the Public the system with no insurance but com- penses to carry out the guaranteed loan pro- Health Service Act to not more than 15 plex needs can immediately have their gram, including section 709 of the Public States, tribes, or tribal organizations: Pro- medical record accessed by their physi- Health Service Act, $2,916,000. vided further, That without regard to existing cian; their medication protocol VACCINE INJURY COMPENSATION PROGRAM statute, funds appropriated may be used to accessed by their physician; the his- TRUST FUND proceed, at the discretion of the Centers for tory of their care accessed by their For payments from the Vaccine Injury Disease Control and Prevention, with prop- physician. Therefore, the physician is Compensation Program Trust Fund, such erty acquisition, including a long-term able to provide to these uninsured and sums as may be necessary for claims associ- ground lease for construction on non-Federal land, to support the construction of a re- very ill people timely, fast, high-qual- ated with vaccine-related injury or death with respect to vaccines administered after placement laboratory in the Fort Collins, ity care. Colorado area: Provided further, That of the So the HCAP program has been ex- September 30, 1988, pursuant to subtitle 2 of title XXI of the Public Health Service Act, funds appropriated, $10,000 is for official re- tremely helpful to building beyond the to remain available until expended: Provided, ception and representation expenses when community health centers out into the That for necessary administrative expenses, specifically approved by the Director of the community a system to provide access not to exceed $3,500,000 shall be available Centers for Disease Control and Prevention: to medical care for uninsured people, from the Trust Fund to the Secretary of Provided further, That employees of the Cen- and that is why I am so interested in Health and Human Services. ters for Disease Control and Prevention or the Public Health Service, both civilian and the passage of my amendment that just CENTERS FOR DISEASE CONTROL AND Commissioned Officers, detailed to States, PREVENTION would move a little money from a pro- municipalities, or other organizations under gram that is at the end of its useful life DISEASE CONTROL, RESEARCH, AND TRAINING authority of section 214 of the Public Health into this critical area so there would be To carry out titles II, III, VII, XI, XV, Service Act for purposes related to homeland a placeholder on which we could build XVII, XIX, XXI, and XXVI of the Public security, shall be treated as non-Federal em- in conference. Health Service Act, sections 101, 102, 103, 201, ployees for reporting purposes only and shall

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.147 H23JNPT1 H5064 CONGRESSIONAL RECORD — HOUSE June 23, 2005 not be included within any personnel ceiling Mr. LEWIS of California. Mr. Chair- to eye diseases and visual disorders, applicable to the Agency, Service, or the De- man, I move to strike the last word. $673,491,000. partment of Health and Human Services dur- Mr. Chairman, I very much appre- NATIONAL INSTITUTE OF ENVIRONMENTAL ing the period of detail or assignment. ciate the gentleman from Massachu- HEALTH SCIENCES AMENDMENT OFFERED BY MR. CAPUANO setts (Mr. CAPUANO) bringing this to For carrying out sections 301 and 311 and Mr. CAPUANO. Mr. Chairman, I offer our attention. The gentleman knows title IV of the Public Health Service Act an amendment. the difficulty we are facing in terms of with respect to environmental health The Clerk read as follows: funding overall, but it was very signifi- sciences, $647,608,000. Amendment offered by Mr. CAPUANO: cant that the gentleman brought this NATIONAL INSTITUTE ON AGING Page 29, line 1, insert after the dollar matter to the committee’s attention, For carrying out section 301 and title IV of amount the following: ‘‘(increased by and your advocacy is going to be very the Public Health Service Act with respect $5,000,000) (reduced by $5,000,000)’’. helpful to us as we go to conference. to aging, $1,057,203,000. Mr. CAPUANO. Mr. Chairman, this is Mr. CAPUANO. Mr. Chairman, I ask NATIONAL INSTITUTE OF ARTHRITIS AND a very small problem, but a very big unanimous consent to withdraw the MUSCULOSKELETAL AND SKIN DISEASES problem to a handful of small people amendment, understanding that this is For carrying out section 301 and title IV of that need our help. an issue that has sort of crept up on the Public Health Service Act with respect Basically, there is a program now run Members, and the chairman will do his to arthritis and musculoskeletal and skin out of the CDC. It is called Reach 2010. best. diseases, $513,063,000. It allows community-based coalitions, The Acting CHAIRMAN. Is there ob- NATIONAL INSTITUTE ON DEAFNESS AND OTHER mostly community health centers, to jection to the request of the gentleman COMMUNICATION DISORDERS focus on eliminating racial and ethnic from Massachusetts? For carrying out section 301 and title IV of health disparities in six priority areas: There was no objection. the Public Health Service Act with respect The Acting CHAIRMAN. The amend- to deafness and other communication dis- infant mortality, breast and cervical orders, $397,432,000. cancer, cardiovascular diseases, diabe- ment is withdrawn. NATIONAL INSTITUTE OF NURSING RESEARCH tes, HIV–AIDS and child immuniza- The Clerk will read. tions. The Clerk read as follows: For carrying out section 301 and title IV of NATIONAL INSTITUTES OF HEALTH the Public Health Service Act with respect The reason this issue has come up is to nursing research, $138,729,000. because in the last several years this NATIONAL CANCER INSTITUTE NATIONAL INSTITUTE ON ALCOHOL ABUSE AND program has received money from the For carrying out section 301 and title IV of ALCOHOLISM NIH National Center For Minority the Public Health Service Act with respect to cancer, $4,841,774,000, of which up to For carrying out section 301 and title IV of Health and Health Disparities. But be- $8,000,000 may be used for facilities repairs the Public Health Service Act with respect cause of the budget crunches they have and improvements at the NCI-Frederick Fed- to alcohol abuse and alcoholism, $440,333,000. faced, they have let it be known they erally Funded Research and Development NATIONAL INSTITUTE ON DRUG ABUSE intend to cut back their portion of the Center in Frederick, Maryland. For carrying out section 301 and title IV of program, which will definitely cut pro- NATIONAL HEART, LUNG, AND BLOOD the Public Health Service Act with respect grams on the street that are truly INSTITUTE to drug abuse, $1,010,130,000. For carrying out section 301 and title IV of helping people. NATIONAL INSTITUTE OF MENTAL HEALTH This proposal would restore that $5 the Public Health Service Act with respect For carrying out section 301 and title IV of million into the CDC budget by reduc- to cardiovascular, lung, and blood diseases, and blood and blood products, $2,951,270,000. the Public Health Service Act with respect ing another part of the budget that, to mental health, $1,417,692,000. even with this cut, will still be $50 mil- NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH NATIONAL HUMAN GENOME RESEARCH lion above the President’s request. INSTITUTE I know most Members already know For carrying out section 301 and title IV of the Public Health Service Act with respect For carrying out section 301 and title IV of there are health disparities in the to dental disease, $393,269,000. the Public Health Service Act with respect country, but just a few statistics to NATIONAL INSTITUTE OF DIABETES AND to human genome research, $490,959,000. frame the debate. When it comes to in- DIGESTIVE AND KIDNEY DISEASES NATIONAL INSTITUTE OF BIOMEDICAL IMAGING fant mortality, black infants are 2.3 For carrying out section 301 and title IV of AND BIOENGINEERING times more likely to die than white in- the Public Health Service Act with respect For carrying out section 301 and title IV of fants. to diabetes and digestive and kidney disease, the Public Health Service Act with respect Cardiovascular disease, African $1,722,146,000. to biomedical imaging and bioengineering Americans have a 30 percent higher NATIONAL INSTITUTE OF NEUROLOGICAL research, $299,808,000. rate of cardiovascular disease and a 41 DISORDERS AND STROKE NATIONAL CENTER FOR RESEARCH RESOURCES percent higher rate of strokes. Just For carrying out section 301 and title IV of For carrying out section 301 and title IV of today, a coalition of health care pro- the Public Health Service Act with respect the Public Health Service Act with respect viders in Boston came out with a study to neurological disorders and stroke, to research resources and general research that confirmed what everybody knew. $1,550,260,000. support grants, $1,100,203,000: Provided, That The black men in Boston die, on aver- NATIONAL INSTITUTE OF ALLERGY AND none of these funds shall be used to pay re- INFECTIOUS DISEASES cipients of the general research support age, 5 years sooner than white men. For carrying out section 301 and title IV of grants program any amount for indirect ex- Blacks are twice as likely to die from the Public Health Service Act with respect penses in connection with such grants. diabetes as whites. to allergy and infectious diseases, NATIONAL CENTER FOR COMPLEMENTARY AND Again, these are not new statistics, $4,359,395,000: Provided, That up to $30,000,000 ALTERNATIVE MEDICINE this is not a new issue to people. It is shall be for extramural facilities construc- For carrying out section 301 and title IV of an issue we have been trying to deal tion grants to enhance the Nation’s capa- the Public Health Service Act with respect with, and because of the budget crunch bility to do research on biological and other to complementary and alternative medicine, so many people are facing, this par- agents. $122,692,000. NATIONAL INSTITUTE OF GENERAL MEDICAL ticular program faces a small, yet im- NATIONAL CENTER ON MINORITY HEALTH AND SCIENCES portant cut that we are trying to re- HEALTH DISPARITIES For carrying out section 301 and title IV of store. For carrying out section 301 and title IV of Mr. OBEY. Mr. Chairman, will the the Public Health Service Act with respect to general medical sciences, $1,955,170,000. the Public Health Service Act with respect gentleman yield? to minority health and health disparities re- NATIONAL INSTITUTE OF CHILD HEALTH AND Mr. CAPUANO. I yield to the gen- search, $197,379,000. HUMAN DEVELOPMENT JOHN E. FOGARTY INTERNATIONAL CENTER tleman from Wisconsin. For carrying out section 301 and title IV of Mr. OBEY. Mr. Chairman, let me say the Public Health Service Act with respect For carrying out the activities at the John I think the gentleman’s amendment is to child health and human development, E. Fogarty International Center, $67,048,000. a good one. It is an important program $1,277,544,000. NATIONAL LIBRARY OF MEDICINE and an important initiative, and I NATIONAL EYE INSTITUTE For carrying out section 301 and title IV of would hope that the committee would For carrying out section 301 and title IV of the Public Health Service Act with respect accept it. the Public Health Service Act with respect to health information communications,

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$318,091,000, of which $4,000,000 shall be avail- section 301 of the PHS Act with respect to PROGRAM MANAGEMENT able until expended for improvement of in- program management, $3,230,744,000: Pro- For carrying out, except as otherwise pro- formation systems: Provided, That in fiscal vided, That notwithstanding section vided, titles XI, XVIII, XIX, and XXI of the year 2006, the Library may enter into per- 520A(f)(2) of the PHS Act, no funds appro- Social Security Act, titles XIII and XXVII of sonal services contracts for the provision of priated for carrying out section 520A are the Public Health Service Act, and the Clin- services in facilities owned, operated, or con- available for carrying out section 1971 of the ical Laboratory Improvement Amendments structed under the jurisdiction of the Na- PHS Act: Provided further, That in addition of 1988, not to exceed $3,180,284,000, to be tional Institutes of Health: Provided further, to amounts provided herein, the following transferred from the Federal Hospital Insur- That in addition to amounts provided herein, amounts shall be available under section 241 ance and the Federal Supplementary Medical $8,200,000 shall be available from amounts of the PHS Act: Insurance Trust Funds, as authorized by sec- available under section 241 of the Public (1) $79,200,000 to carry out subpart II of part tion 201(g) of the Social Security Act; to- Health Service Act to carry out National In- B of title XIX of the PHS Act to fund section gether with all funds collected in accordance formation Center on Health Services Re- 1935(b) technical assistance, national data, with section 353 of the Public Health Service search and Health Care Technology and re- data collection and evaluation activities, Act and section 1857(e)(2) of the Social Secu- lated health services. and further that the total available under rity Act, and such sums as may be collected OFFICE OF THE DIRECTOR this Act for section 1935(b) activities shall from authorized user fees and the sale of (INCLUDING TRANSFER OF FUNDS) not exceed 5 percent of the amounts appro- data, which shall remain available until ex- priated for subpart II of part B of title XIX; pended: Provided, That all funds derived in For carrying out the responsibilities of the (2) $21,803,000 to carry out subpart I of part accordance with 31 U.S.C. 9701 from organiza- Office of the Director, National Institutes of B of title XIX of the PHS Act to fund section tions established under title XIII of the Pub- Health, $482,216,000, of which up to $10,000,000 1920(b) technical assistance, national data, lic Health Service Act shall be credited to shall be used to carry out section 217 of this data collection and evaluation activities, and available for carrying out the purposes Act: Provided, That funding shall be avail- and further that the total available under of this appropriation: Provided further, That able for the purchase of not to exceed 29 pas- this Act for section 1920(b) activities shall $24,205,000, to remain available until Sep- senger motor vehicles for replacement only: not exceed 5 percent of the amounts appro- tember 30, 2007, is for contract costs for Provided further, That the Director may di- priated for subpart I of part B of title XIX; CMS’s Systems Revitalization Plan: Provided rect up to 1 percent of the total amount (3) $16,000,000 to carry out national surveys further, That $79,934,000, to remain available made available in this or any other Act to on drug abuse; and until September 30, 2007, is for contract costs all National Institutes of Health appropria- (4) $4,300,000 to evaluate substance abuse for the Healthcare Integrated General Ledg- tions to activities the Director may so des- treatment programs. er Accounting System: Provided further, That ignate: Provided further, That no such appro- funds appropriated under this heading are AGENCY FOR HEALTHCARE RESEARCH AND priation shall be decreased by more than 1 available for the Healthy Start, Grow Smart QUALITY percent by any such transfers and that the program under which the Centers for Medi- Congress is promptly notified of the transfer: HEALTHCARE RESEARCH AND QUALITY care and Medicaid Services may, directly or Provided further, That the National Insti- For carrying out titles III and IX of the through grants, contracts, or cooperative tutes of Health is authorized to collect third Public Health Service Act, and part A of agreements, produce and distribute informa- party payments for the cost of clinical serv- title XI of the Social Security Act, tional materials including, but not limited ices that are incurred in National Institutes $318,695,000; and in addition, amounts re- to, pamphlets and brochures on infant and of Health research facilities and that such ceived from Freedom of Information Act toddler health care to expectant parents en- payments shall be credited to the National fees, reimbursable and interagency agree- rolled in the Medicaid program and to par- Institutes of Health Management Fund: Pro- ments, and the sale of data shall be credited ents and guardians enrolled in such program vided further, That all funds credited to the to this appropriation and shall remain avail- with infants and children: Provided further, National Institutes of Health Management able until expended: Provided, That no That the Secretary of Health and Human Fund shall remain available for 1 fiscal year amount shall be made available pursuant to Services is directed to collect fees in fiscal after the fiscal year in which they are depos- section 927(c) of the Public Health Service year 2006 from Medicare Advantage organiza- ited: Provided further, That up to $500,000 Act for fiscal year 2006. tions pursuant to section 1857(e)(2) of the So- shall be available to carry out section 499 of CENTERS FOR MEDICARE AND MEDICAID cial Security Act and from eligible organiza- the Public Health Service Act: Provided fur- SERVICES tions with risk-sharing contracts under sec- ther, That in addition to the transfer author- GRANTS TO STATES FOR MEDICAID tion 1876 of that Act pursuant to section ity provided above, a uniform percentage of 1876(k)(4)(D) of that Act. the amounts appropriated in this Act to each For carrying out, except as otherwise pro- vided, titles XI and XIX of the Social Secu- HEALTH MAINTENANCE ORGANIZATION LOAN Institute and Center may be transferred and AND LOAN GUARANTEE FUND utilized for the National Institutes of Health rity Act, $156,954,419,000, to remain available For carrying out subsections (d) and (e) of Roadmap for Medical Research: Provided fur- until expended. section 1308 of the Public Health Service Act, ther, That the amount utilized under the pre- For making, after May 31, 2006, payments any amounts received by the Secretary in ceding proviso shall not exceed $250,000,000 to States under title XIX of the Social Secu- connection with loans and loan guarantees without prior notification to the Committees rity Act for the last quarter of fiscal year under title XIII of the Public Health Service on Appropriations of the House of Represent- 2006 for unanticipated costs, incurred for the Act, to be available without fiscal year limi- atives and the Senate: Provided further, That current fiscal year, such sums as may be nec- tation for the payment of outstanding obli- amounts transferred and utilized under the essary. For making payments to States or in the gations. During fiscal year 2006, no commit- preceding two provisos shall be in addition case of section 1928 on behalf of States under ments for direct loans or loan guarantees to amounts made available for the Roadmap title XIX of the Social Security Act for the shall be made. for Medical Research from the Director’s first quarter of fiscal year 2007, Discretionary Fund and to any amounts allo- ADMINISTRATION FOR CHILDREN AND FAMILIES $62,783,825,000, to remain available until ex- cated to activities related to the Roadmap PAYMENTS TO STATES FOR CHILD SUPPORT EN- pended. through the normal research priority-setting FORCEMENT AND FAMILY SUPPORT PRO- Payment under title XIX may be made for process of individual Institutes and Centers: GRAMS any quarter with respect to a State plan or Provided further, That of the funds provided For making payments to States or other plan amendment in effect during such quar- $10,000 shall be for official reception and rep- non-Federal entities under titles I, IV–D, X, ter, if submitted in or prior to such quarter resentation expenses when specifically ap- XI, XIV, and XVI of the Social Security Act and approved in that or any subsequent quar- proved by the Director of NIH. and the Act of July 5, 1960 (24 U.S.C. ch. 9), ter. BUILDINGS AND FACILITIES $2,121,643,000, to remain available until ex- PAYMENTS TO HEALTH CARE TRUST FUNDS For the study of, construction of, renova- pended; and for such purposes for the first For payment to the Federal Hospital In- tion of, and acquisition of equipment for, fa- quarter of fiscal year 2007, $1,200,000,000, to surance and the Federal Supplementary cilities of or used by the National Institutes remain available until expended. Medical Insurance Trust Funds, as provided For making payments to each State for of Health, including the acquisition of real under section 1844, 1860D–16, and 1860D–31 of carrying out the program of Aid to Families property, $81,900,000, to remain available the Social Security Act, sections 103(c) and with Dependent Children under title IV–A of until expended. 111(d) of the Social Security Amendments of the Social Security Act before the effective SUBSTANCE ABUSE AND MENTAL HEALTH 1965, section 278(d) of Public Law 97–248, and date of the program of Temporary Assistance SERVICES ADMINISTRATION for administrative expenses incurred pursu- for Needy Families (TANF) with respect to SUBSTANCE ABUSE AND MENTAL HEALTH ant to section 201(g) of the Social Security such State, such sums as may be necessary: SERVICES Act, $177,742,200,000. Provided, That the sum of the amounts avail- For carrying out titles V and XIX of the In addition, for making matching pay- able to a State with respect to expenditures Public Health Service Act (‘‘PHS Act’’) with ments under section 1844, and benefit pay- under such title IV–A in fiscal year 1997 respect to substance abuse and mental ments under 1860D–16 and 1860D–31 of the So- under this appropriation and under such title health services, the Protection and Advocacy cial Security Act, not anticipated in budget IV–A as amended by the Personal Responsi- for Individuals with Mental Illness Act, and estimates, such sums as may be necessary. bility and Work Opportunity Reconciliation

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.058 H23JNPT1 H5066 CONGRESSIONAL RECORD — HOUSE June 23, 2005 Act of 1996 shall not exceed the limitations companied alien children authorized by title payments, as authorized by section 473A of under section 116(b) of such Act. IV of the Immigration and Nationality Act title IV of the Social Security Act (42 U.S.C. For making, after May 31 of the current and section 501 of the Refugee Education As- 670–679) and may be made for adoptions com- fiscal year, payments to States or other non- sistance Act of 1980 (Public Law 96–422), for pleted before September 30, 2006: Provided, Federal entities under titles I, IV–D, X, XI, carrying out section 462 of the Homeland Se- That $6,899,000,000 shall be for making pay- XIV, and XVI of the Social Security Act and curity Act of 2002 (Public Law 107–296), and ments under the Head Start Act, of which the Act of July 5, 1960 (24 U.S.C. ch. 9), for for carrying out the Torture Victims Relief $1,400,000,000 shall become available October the last 3 months of the current fiscal year Act of 2003 (Public Law 108–179), $560,919,000, 1, 2006, and remain available through Sep- for unanticipated costs, incurred for the cur- of which up to $9,915,000 shall be available to tember 30, 2007: Provided further, That rent fiscal year, such sums as may be nec- carry out the Trafficking Victims Protection $384,672,000 shall be for making payments essary. Act of 2003 (Public Law 108–193): Provided, under the Community Services Block Grant Act: Provided further, That not less than Mr. SHIMKUS. Mr. Chairman, I move That funds appropriated under this heading pursuant to section 414(a) of the Immigra- $7,242,000 shall be for section 680(3)(B) of the to strike the last word. Community Services Block Grant Act: Pro- Mr. Chairman, in 1992 this Congress tion and Nationality Act and section 462 of the Homeland Security Act of 2002 for fiscal vided further, That in addition to amounts passed the Energy Policy Act of 1992. year 2006 shall be available for the costs of provided herein, $8,000,000 shall be available In that act was a requirement that all assistance provided and other activities to from amounts available under section 241 of Federal agencies have to make sure remain available through September 30, 2008. the Public Health Service Act to carry out that 75 percent of all vehicles they pur- the provisions of section 1110 of the Social PAYMENTS TO STATES FOR THE CHILD CARE Security Act: Provided further, That to the chase each year are alternatively AND DEVELOPMENT BLOCK GRANT extent Community Services Block Grant fueled vehicles. These vehicles run on For carrying out sections 658A through funds are distributed as grant funds by a ethanol or biodiesel or other alter- 658R of the Omnibus Budget Reconciliation State to an eligible entity as provided under natives fuels. However, very few agen- Act of 1981 (The Child Care and Development the Act, and have not been expended by such cies are actually meeting this require- Block Grant Act of 1990), $2,082,910,000 shall entity, they shall remain with such entity ment. In fact, highlighted in a recent be used to supplement, not supplant State for carryover into the next fiscal year for ex- lawsuit, the Federal Government was general revenue funds for child care assist- penditure by such entity consistent with ance for low-income families: Provided, That program purposes: Provided further, That the found not to be in compliance with the $18,967,040 shall be available for child care re- Secretary shall establish procedures regard- act, but no agency did worse than the source and referral and school-aged child ing the disposition of intangible property Department of Labor last year. The De- care activities, of which $992,000 shall be for which permits grant funds, or intangible as- partment of Labor was only able to the Child Care Aware toll-free hotline: Pro- sets acquired with funds authorized under achieve a 19 percent goal. vided further, That, in addition to the section 680 of the Community Services Block The goal of EPAct was to reduce our amounts required to be reserved by the Grant Act, as amended, to become the sole States under section 658G, $270,490,624 shall property of such grantees after a period of dependence on foreign oil by 30 percent not more than 12 years after the end of the by 2010. The department only pur- be reserved by the States for activities au- thorized under section 658G, of which grant for purposes and uses consistent with chased 5,000 gallons of E85 and 200 gal- $99,200,000 shall be for activities that im- the original grant: Provided further, That lons of biodiesel, yet it purchased over prove the quality of infant and toddler care: funds appropriated for section 680(a)(2) of the 5.3 million gallons of gasoline and die- Provided further, That $9,920,000 shall be for Community Services Block Grant Act, as sel fuel. Not only is this bad in terms use by the Secretary for child care research, amended, shall be available for financing of helping us reduce our dependence on demonstration, and evaluation activities. construction and rehabilitation and loans or investments in private business enterprises foreign oil, it is also a bad fiscal move SOCIAL SERVICES BLOCK GRANT owned by community development corpora- as E85 is selling for less than regular For making grants to States pursuant to tions: Provided further, That $75,000,000 is for gasoline in many areas of the country. section 2002 of the Social Security Act, a compassion capital fund to provide grants Mr. Chairman, it is my hope that $1,700,000,000: Provided, That notwithstanding to charitable organizations to emulate when this bill is in conference, some subparagraph (B) of section 404(d)(2) of such model social service programs and to encour- language can be added that will en- Act, the applicable percent specified under age research on the best practices of social courage the department to do a better such subparagraph for a State to carry out service organizations: Provided further, That State programs pursuant to title XX of such $14,879,000 shall be for activities authorized job at meeting the requirements set Act shall be 10 percent. by the Help America Vote Act of 2002, of forth by Congress to help reduce our CHILDREN AND FAMILIES SERVICES PROGRAMS which $9,919,000 shall be for payments to dependence on foreign oil. How can we States to promote access for voters with dis- For carrying out, except as otherwise pro- expect the average consumer to reduce abilities, and of which $4,960,000 shall be for vided, the Runaway and Homeless Youth payments to States for protection and advo- oil use when we cannot even get our Act, the Developmental Disabilities Assist- own Federal agencies to take the steps cacy systems for voters with disabilities: ance and Bill of Rights Act, the Head Start Provided further, That $110,000,000 shall be for necessary to make our Nation more se- Act, the Child Abuse Prevention and Treat- making competitive grants to provide absti- cure? ment Act, sections 310 and 316 of the Family nence education (as defined by section Mr. REGULA. Mr. Chairman, will the Violence Prevention and Services Act, as 510(b)(2) of the Social Security Act) to ado- gentleman yield? amended, the Native American Programs lescents, and for Federal costs of admin- Mr. SHIMKUS. I yield to the gen- Act of 1974, title II of Public Law 95–266 istering the grant: Provided further, That tleman from Ohio. (adoption opportunities), the Adoption and grants under the immediately preceding pro- Safe Families Act of 1997 (Public Law 105–89), viso shall be made only to public and private Mr. REGULA. Mr. Chairman, the sections 1201 and 1211 of the Children’s gentleman from Illinois makes a very entities which agree that, with respect to an Health Act of 2000, the Abandoned Infants adolescent to whom the entities provide ab- good point. We should be leading the Assistance Act of 1988, sections 261 and 291 of stinence education under such grant, the en- way. The Federal Government should the Help America Vote Act of 2002, part B(1) tities will not provide to that adolescent any be a model. With the energy problems of title IV and sections 413, 429A, 1110, and other education regarding sexual conduct, that confront us, we have to look to al- 1115 of the Social Security Act, and sections except that, in the case of an entity ex- ternative fuels as one of the ways 40155, 40211, and 40241 of Public Law 103–322; pressly required by law to provide health in- through which this can be achieved. I for making payments under the Community formation or services the adolescent shall Services Block Grant Act, sections 439(h), not be precluded from seeking health infor- commend the gentleman for his com- 473A, and 477(i) of the Social Security Act, ments and hope that the Department of mation or services from the entity in a dif- and title IV of Public Law 105–285, and for ferent setting than the setting in which ab- Labor is listening. necessary administrative expenses to carry stinence education was provided: Provided The Acting CHAIRMAN. The Clerk out said Acts and titles I, IV, V, X, XI, XIV, further, That within amounts provided herein will read. XVI, and XX of the Social Security Act, the for abstinence education for adolescents, up The Clerk read as follows: Act of July 5, 1960 (24 U.S.C. ch. 9), the Omni- to $10,000,000 may be available for a national LOW-INCOME HOME ENERGY ASSISTANCE bus Budget Reconciliation Act of 1981, title abstinence education campaign: Provided fur- IV of the Immigration and Nationality Act, ther, That in addition to amounts provided For making payments under title XXVI of section 501 of the Refugee Education Assist- herein for abstinence education for adoles- the Omnibus Budget Reconciliation Act of ance Act of 1980, sections 40155, 40211, and cents, $4,500,000 shall be available from 1981, $1,984,799,000. 40241 of Public Law 103–322, and section 126 amounts available under section 241 of the REFUGEE AND ENTRANT ASSISTANCE and titles IV and V of Public Law 100–485, Public Health Service Act to carry out eval- For necessary expenses for refugee and en- $8,688,707,000, of which $31,846,000, to remain uations (including longitudinal evaluations) trant assistance activities and for costs asso- available until September 30, 2007, shall be of adolescent pregnancy prevention ap- ciated with the care and placement of unac- for grants to States for adoption incentive proaches: Provided further, That $2,000,000

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.058 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5067 shall be for improving the Public Assistance tional health information technology infra- and Quality, and the Substance Abuse and Reporting Information System, including structure, $58,100,000: Provided, That in addi- Mental Health Services Administration shall grants to States to support data collection tion to amounts provided herein, $16,900,000 be used to pay the salary of an individual, for a study of the system’s effectiveness. shall be available from amounts under sec- through a grant or other extramural mecha- PROMOTING SAFE AND STABLE FAMILIES tion 241 of the Public Health Service Act to nism, at a rate in excess of Executive Level carry out health information technology I. For carrying out section 436 of the Social network development. SEC. 205. None of the funds appropriated in Security Act, $305,000,000 and for section 437, this title for Head Start shall be used to pay $99,000,000. OFFICE OF INSPECTOR GENERAL the compensation of an individual, either as For expenses necessary for the Office of In- PAYMENTS TO STATES FOR FOSTER CARE AND direct costs or any proration as an indirect spector General, including the hire of pas- ADOPTION ASSISTANCE cost, at a rate in excess of Executive Level senger motor vehicles for investigations, in For making payments to States or other II. carrying out the provisions of the Inspector non-Federal entities under title IV–E of the SEC. 206. None of the funds appropriated in General Act of 1978, as amended, $39,813,000: Social Security Act, $4,852,800,000. this Act may be expended pursuant to sec- Provided, That of such amount, necessary For making payments to States or other tion 241 of the Public Health Service Act, ex- sums are available for providing protective non-Federal entities under title IV–E of the cept for funds specifically provided for in services to the Secretary and investigating Act, for the first quarter of fiscal year 2007, this Act, or for other taps and assessments non-payment of child support cases for which $1,730,000,000. made by any office located in the Depart- non-payment is a Federal offense under 18 For making, after May 31 of the current ment of Health and Human Services, prior to U.S.C. 228. fiscal year, payments to States or other non- the Secretary’s preparation and submission Federal entities under section 474 of title IV– OFFICE FOR CIVIL RIGHTS of a report to the Committee on Appropria- E, for the last 3 months of the current fiscal For expenses necessary for the Office for tions of the Senate and of the House detail- year for unanticipated costs, incurred for the Civil Rights, $31,682,000, together with not to ing the planned uses of such funds. current fiscal year, such sums as may be nec- exceed $3,314,000 to be transferred and ex- SEC. 207. Notwithstanding section 241(a) of essary. pended as authorized by section 201(g)(1) of the Public Health Service Act, such portion ADMINISTRATION ON AGING the Social Security Act from the Hospital as the Secretary shall determine, but not Insurance Trust Fund and the Supplemental more than 1.3 percent, of any amounts appro- AGING SERVICES PROGRAMS Medical Insurance Trust Fund. priated for programs authorized under said For carrying out, to the extent not other- RETIREMENT PAY AND MEDICAL BENEFITS FOR Act shall be made available for the evalua- wise provided, the Older Americans Act of COMMISSIONED OFFICERS tion (directly, or by grants or contracts) of 1965, as amended, and section 398 of the Pub- For retirement pay and medical benefits of the implementation and effectiveness of such lic Health Service Act, $1,376,217,000, of programs. which $5,500,000 shall be available for activi- Public Health Service Commissioned Officers (TRANSFER OF FUNDS) ties regarding medication management, as authorized by law, for payments under the screening, and education to prevent incor- Retired Serviceman’s Family Protection SEC. 208. Not to exceed 1 percent of any dis- rect medication and adverse drug reactions. Plan and Survivor Benefit Plan, and for med- cretionary funds (pursuant to the Balanced ical care of dependents and retired personnel Budget and Emergency Deficit Control Act OFFICE OF THE SECRETARY under the Dependents’ Medical Care Act (10 of 1985, as amended) which are appropriated GENERAL DEPARTMENTAL MANAGEMENT U.S.C. ch. 55), such amounts as may be re- for the current fiscal year for the Depart- For necessary expenses, not otherwise pro- quired during the current fiscal year. ment of Health and Human Services in this vided, for general departmental manage- PUBLIC HEALTH AND SOCIAL SERVICES Act may be transferred between appropria- ment, including hire of six sedans, and for EMERGENCY FUND tions, but no such appropriation shall be in- carrying out titles III, XVII, XX, and XXI of (INCLUDING TRANSFER OF FUNDS) creased by more than 3 percent by any such the Public Health Service Act, the United transfer: Provided, That an appropriation For expenses necessary to support activi- States-Mexico Border Health Commission may be increased by up to an additional 2 ties related to countering potential biologi- Act, and research studies under section 1110 percent subject to approval by the House and cal, disease, nuclear, radiological and chem- of the Social Security Act $338,695,000, to- Senate Committees on Appropriations: Pro- ical threats to civilian populations, and to gether with $5,851,000 to be transferred and vided further, That the transfer authority ensure a year-round influenza vaccine pro- expended as authorized by section 201(g)(1) of granted by this section shall be available duction capacity, the development and im- the Social Security Act from the Hospital only to meet emergency needs and shall not plementation of rapidly expandable influenza Insurance Trust Fund and the Supplemental be used to create any new program or to fund vaccine production technologies, and if de- Medical Insurance Trust Fund, and any project or activity for which no funds termined necessary by the Secretary, the $39,552,000 from the amounts available under are provided in this Act: Provided further, purchase of influenza vaccine, $183,589,000: section 241 of the Public Health Service Act That the Appropriations Committees of both Provided, That $120,000,000 of amounts avail- to carry out national health or human serv- Houses of Congress are notified at least 15 able for influenza preparedness shall remain ices research and evaluation activities: Pro- days in advance of any transfer. available until expended: Provided further, vided, That of the funds made available (TRANSFER OF FUNDS) under this heading for carrying out title XX That, in addition to the amount above, SEC. 209. The Director of the National In- of the Public Health Service Act, $13,120,000 $8,589,000 shall be transferred from amounts stitutes of Health, jointly with the Director shall be for activities specified under section appropriated under the head ‘‘Disease Con- of the Office of AIDS Research, may transfer 2003(b)(2), all of which shall be for prevention trol, Research, and Training’’ for activities up to 3 percent among institutes and centers service demonstration grants under section authorized by section 319F–2(a) of the Public from the total amounts identified by these 510(b)(2) of title V of the Social Security Act, Health Service Act to be utilized consistent two Directors as funding for research per- as amended, without application of the limi- with section 319F–2(c)(7)(B)(ii) of such Act. taining to the human immunodeficiency tation of section 2010(c) of said title XX: Pro- GENERAL PROVISIONS virus: Provided, That the Congress is prompt- vided further, That of this amount, $52,415,000 SEC. 201. Funds appropriated in this title ly notified of the transfer. shall be for minority AIDS prevention and shall be available for not to exceed $50,000 for treatment activities; and $5,952,000 shall be official reception and representation ex- (TRANSFER OF FUNDS) to assist Afghanistan in the development of penses when specifically approved by the SEC. 210. Of the amounts made available in maternal and child health clinics, consistent Secretary. this Act for the National Institutes of with section 103(a)(4)(H) of the Afghanistan SEC. 202. The Secretary shall make avail- Health, the amount for research related to Freedom Support Act of 2002. able through assignment not more than 60 the human immunodeficiency virus, as joint- MEDICARE APPEALS employees of the Public Health Service to ly determined by the Director of the Na- assist in child survival activities and to tional Institutes of Health and the Director For expenses necessary for administrative work in AIDS programs through and with of the Office of AIDS Research, shall be made law judges responsible for hearing cases funds provided by the Agency for Inter- available to the ‘‘Office of AIDS Research’’ under title XVIII of the Social Security Act national Development, the United Nations account. The Director of the Office of AIDS (and related provisions of title XI of such International Children’s Emergency Fund or Research shall transfer from such account Act), $60,000,000, to be transferred in appro- the World Health Organization. amounts necessary to carry out section priate part from the Federal Hospital Insur- SEC. 203. None of the funds appropriated 2353(d)(3) of the Public Health Service Act. ance and the Federal Supplementary Medical under this Act may be used to implement SEC. 211. None of the funds appropriated in Insurance Funds. section 399F(b) of the Public Health Service this Act may be made available to any enti- HEALTH INFORMATION TECHNOLOGY Act or section 1503 of the National Institutes ty under title X of the Public Health Service For expenses necessary for the Office of the of Health Revitalization Act of 1993, Public Act unless the applicant for the award cer- National Coordinator for Health Information Law 103–43. tifies to the Secretary that it encourages Technology, including grants, contracts and SEC. 204. None of the funds appropriated in family participation in the decision of mi- cooperative agreements for the development this Act for the National Institutes of nors to seek family planning services and and advancement of an interoperable na- Health, the Agency for Healthcare Research that it provides counseling to minors on how

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.059 H23JNPT1 H5068 CONGRESSIONAL RECORD — HOUSE June 23, 2005 to resist attempts to coerce minors into en- relevant Chief of Mission to ensure that the (‘‘ESEA’’) and section 418A of the Higher gaging in sexual activities. authority provided in this section is exer- Education Act of 1965, $14,728,735,000, of SEC. 212. None of the funds appropriated by cised in a manner consistent with section 207 which $7,144,426,000 shall become available on this Act (including funds appropriated to any of the Foreign Service Act of 1980 (22 U.S.C. July 1, 2006, and shall remain available trust fund) may be used to carry out the 3927) and other applicable statutes adminis- through September 30, 2007, and of which Medicare Advantage program if the Sec- tered by the Department of State, and $7,383,301,000 shall become available on Octo- retary denies participation in such program (2) is authorized to provide such funds by ber 1, 2006, and shall remain available to an otherwise eligible entity (including a advance or reimbursement to the Secretary through September 30, 2007, for academic Provider Sponsored Organization) because of State as may be necessary to pay the year 2006–2007: Provided, That $6,934,854,000 the entity informs the Secretary that it will costs of acquisition, lease, alteration, ren- shall be available for basic grants under sec- not provide, pay for, provide coverage of, or ovation, and management of facilities out- tion 1124: Provided further, That up to provide referrals for abortions: Provided, side of the United States for the use of the $3,472,000 of these funds shall be available to That the Secretary shall make appropriate Department of Health and Human Services. the Secretary of Education on October 1, prospective adjustments to the capitation The Department of State shall cooperate 2005, to obtain annually updated educational- payment to such an entity (based on an actu- fully with the Secretary of Health and agency-level census poverty data from the arially sound estimate of the expected costs Human Services to ensure that the Depart- Bureau of the Census: Provided further, That of providing the service to such entity’s en- ment of Health and Human Services has se- $1,365,031,000 shall be available for concentra- rollees): Provided further, That nothing in cure, safe, functional facilities that comply tion grants under section 1124A: Provided fur- this section shall be construed to change the with applicable regulation governing loca- ther, That $2,269,843,000 shall be available for Medicare program’s coverage for such serv- tion, setback, and other facilities require- targeted grants under section 1125: Provided ices and a Medicare Advantage organization ments and serve the purposes established by further, That $2,269,843,000 shall be available described in this section shall be responsible this Act. The Secretary of Health and for education finance incentive grants under for informing enrollees where to obtain in- Human Services is authorized, in consulta- section 1125A: Provided further, That formation about all Medicare covered serv- tion with the Secretary of State, through $9,424,000 shall be available to carry out part ices. grant or cooperative agreement, to make E of title I: Provided further, That $10,000,000 SEC. 213. Notwithstanding any other provi- available to public or nonprofit private insti- shall be available for comprehensive school sion of law, no provider of services under tutions or agencies in participating foreign reform grants under part F of the ESEA. title X of the Public Health Service Act shall countries, funds to acquire, lease, alter, or IMPACT AID be exempt from any State law requiring no- renovate facilities in those countries as nec- For carrying out programs of financial as- tification or the reporting of child abuse, essary to conduct programs of assistance for sistance to federally affected schools author- child molestation, sexual abuse, rape, or in- international health activities, including ac- ized by title VIII of the Elementary and Sec- cest. tivities relating to HIV/AIDS and other in- ondary Education Act of 1965, $1,240,862,000, SEC. 214. (a) Except as provided by sub- fectious diseases, chronic and environmental of which $1,102,896,000 shall be for basic sup- section (e) none of the funds appropriated by diseases, and other health activities abroad. port payments under section 8003(b), this Act may be used to withhold substance SEC. 216. The Division of Federal Occupa- $49,966,000 shall be for payments for children abuse funding from a State pursuant to sec- tional Health hereafter may utilize personal with disabilities under section 8003(d), tion 1926 of the Public Health Service Act (42 services contracting to employ professional $18,000,000 shall be for construction under U.S.C. 300x–26) if such State certifies to the management/administrative and occupa- section 8007 and shall remain available Secretary of Health and Human Services by tional health professionals. through September 30, 2007, $65,000,000 shall May 1, 2006, that the State will commit addi- SEC. 217. (a) AUTHORITY.—Notwithstanding be for Federal property payments under sec- tional State funds, in accordance with sub- any other provision of law, the Director of tion 8002, and $5,000,000, to remain available section (b), to ensure compliance with State the National Institutes of Health may use until expended, shall be for facilities mainte- laws prohibiting the sale of tobacco products funds available under section 402(i) of the nance under section 8008: Provided, That for to individuals under 18 years of age. Public Health Service Act (42 U.S.C. 282(i)) to purposes of computing the amount of a pay- (b) The amount of funds to be committed enter into transactions (other than con- ment for an eligible local educational agency by a State under subsection (a) shall be tracts, cooperative agreements, or grants) to under section 8003(a) of the Elementary and equal to 1 percent of such State’s substance carry out research in support of the NIH Secondary Education Act (20 U.S.C. 7703(a)) abuse block grant allocation for each per- Roadmap for Medical Research. for school year 2005–2006, children enrolled in centage point by which the State misses the (b) PEER REVIEW.—In entering into trans- a school of such agency that would otherwise retailer compliance rate goal established by actions under subsection (a), the Director of be eligible for payment under section the Secretary of Health and Human Services the National Institutes of Health may utilize 8003(a)(1)(B) of such Act, but due to the de- under section 1926 of such Act. such peer review procedures (including con- ployment of both parents or legal guardians, (c) The State is to maintain State expendi- sultation with appropriate scientific experts) or a parent or legal guardian having sole cus- tures in fiscal year 2006 for tobacco preven- as the Director determines to be appropriate tody of such children, or due to the death of tion programs and for compliance activities to obtain assessments of scientific and tech- a military parent or legal guardian while on at a level that is not less than the level of nical merit. Such procedures shall apply to active duty (so long as such children reside such expenditures maintained by the State such transactions in lieu of the peer review on Federal property as described in section for fiscal year 2005, and adding to that level and advisory council review procedures that 8003(a)(1)(B)), are no longer eligible under the additional funds for tobacco compliance would otherwise be required under sections such section, shall be considered as eligible activities required under subsection (a). The 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), students under such section, provided such State is to submit a report to the Secretary 492, and 494 of the Public Health Service Act students remain in average daily attendance on all fiscal year 2005 State expenditures and (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), at a school in the same local educational all fiscal year 2006 obligations for tobacco 284a(a)(3)(A), 289a, and 289c). agency they attended prior to their change prevention and compliance activities by pro- SEC. 218. Funds which are available for In- in eligibility status. gram activity by July 31, 2006. dividual Learning Accounts for employees of SCHOOL IMPROVEMENT PROGRAMS (d) The Secretary shall exercise discretion the Centers for Disease Control and Preven- For carrying out school improvement ac- in enforcing the timing of the State obliga- tion and the Agency for Toxic Substances tivities authorized by titles II, part B of title tion of the additional funds required by the and Disease Registry may be transferred to IV, part A of title V, parts A and B of title certification described in subsection (a) as ‘‘Disease Control, Research, and Training,’’ VI, and parts B and C of title VII of the Ele- late as July 31, 2006. to be available only for Individual Learning mentary and Secondary Education Act of (e) None of the funds appropriated by this Accounts: Provided, That such funds may be 1965 (‘‘ESEA’’); the McKinney-Vento Home- Act may be used to withhold substance abuse used for any individual full-time equivalent less Assistance Act; section 203 of the Edu- funding pursuant to section 1926 from a terri- employee while such employee is employed cational Technical Assistance Act of 2002; tory that receives less than $1,000,000. either by CDC or ATSDR. SEC. 215. In order for the Centers for Dis- the Compact of Free Association Amend- SEC. 219. $15,912,000 of the unobligated bal- ease Control and Prevention to carry out ments Act of 2003; and the Civil Rights Act of ance of the Health Professions Student Loan international health activities, including 1964, $5,393,765,000, of which $3,805,882,000 program authorized in subpart II, Federally- HIV/AIDS and other infectious disease, shall become available on July 1, 2006, and Supported Student Loan Funds, of title VII chronic and environmental disease, and remain available through September 30, 2007, of the Public Health Service Act is re- other health activities abroad during fiscal and of which $1,435,000,000 shall become scinded. year 2006, the Secretary of Health and This title may be cited as the ‘‘Department available on October 1, 2006, and shall remain Human Services— of Health and Human Services Appropria- available through September 30, 2007, for (1) may exercise authority equivalent to tions Act, 2006’’. academic year 2006–2007: Provided, That that available to the Secretary of State in $411,680,000 shall be for State assessments section 2(c) of the State Department Basic TITLE III—DEPARTMENT OF EDUCATION and related activities authorized under sec- Authorities Act of 1956 (22 U.S.C. 2669(c)). EDUCATION FOR THE DISADVANTAGED tions 6111 and 6112 of the ESEA: Provided fur- The Secretary of Health and Human Services For carrying out title I of the Elementary ther, That $56,825,000 shall be available to shall consult with the Secretary of State and and Secondary Education Act of 1965 carry out section 203 of the Educational

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.059 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5069 Technical Assistance Act of 2002: Provided ther consideration in the Committee of an amendment by the gentleman further, That $12,132,000 shall be available to the Whole of H.R. 3010 pursuant to from Maryland (Mr. VAN HOLLEN) re- carry out the Supplemental Education House Resolution 337, notwithstanding garding special allowances under the Grants program for the Federated States of clause 11 of rule XVIII, no further Higher Education Act; Micronesia, and $6,051,000 shall be available amendment to the bill, as amended, an amendment by the gentleman to carry out the Supplemental Education Grants program for the Republic of the Mar- may be offered except pro forma from Massachusetts (Mr. MARKEY) re- shall Islands: Provided further, That up to 5 amendments offered at any point in the garding interoperable information percent of these amounts may be reserved by reading by the chairman or ranking technology; the Federated States of Micronesia and the minority member of the Committee on an amendment by the gentleman Republic of the Marshall Islands to admin- Appropriations or their designees for from Ohio (Mr. BROWN) regarding fund- ister the Supplemental Education Grants the purpose of debate, the additional ing for the Medicaid Commission; programs and to obtain technical assistance, amendments specified in this order, amendments by the gentleman from oversight and consultancy services in the ad- and amendments en bloc specified in Ohio (Mr. REGULA) regarding veterans ministration of these grants and to reim- this order; it shall be in order at any programs of the Department of Labor, burse the United States Departments of time for the chairman of the Com- LIHEAP, section 503 of H.R. 3010, or a Labor, Health and Human Services, and Edu- cation for such services. mittee on Appropriations or a designee, limitation on the use of certain edu- after consultation with the ranking cation funds; and INDIAN EDUCATION minority member of the Committee on an amendment by the gentleman For expenses necessary to carry out, to the Appropriations, to offer amendments from Georgia (Mr. PRICE) regarding extent not otherwise provided, title VII, part funding for certain education pro- A of the Elementary and Secondary Edu- en bloc as follows: Amendments en bloc cation Act of 1965, $119,889,000. shall consist of amendments that may grams. be offered under this order, or germane Each additional amendment may be INNOVATION AND IMPROVEMENT modifications of any such amendment; offered only by the Member named in For carrying out activities authorized by such amendments en bloc shall be con- this request or a designee, or by the part G of title I, subpart 5 of part A and Member who caused it to be printed in parts C and D of title II, parts B, C, and D of sidered as read, except that modifica- the RECORD or a designee, shall be con- title V, and section 1504 of the Elementary tions shall be reported, shall be debat- and Secondary Education Act of 1965 able for 10 minutes equally divided and sidered as read, shall be debatable for (‘‘ESEA’’), $708,522,000: Provided, That controlled by the chairman and rank- 10 minutes equally divided and con- $36,981,000 shall be for subpart 2 of part B of ing minority member of the Committee trolled by the proponent and an oppo- title V: Provided further, That $127,000,000 on Appropriations or their designees, nent, shall not be subject to amend- shall be available to carry out part D of title shall not be subject to amendment, and ment except that the chairman and V of the ESEA, of which $100,000,000 of the shall not be subject to a demand for di- ranking minority member of the Com- funds for subpart 1 shall be for competitive vision of the question in the House or mittee on Appropriations and the Sub- grants to local educational agencies, includ- in the Committee of the Whole; all committee on Labor, Health and ing charter schools that are local edu- Human Services, Education, and Re- cational agencies, or States, or partnerships points of order against such amend- of (1) a local educational agency, a State, or ments en bloc are waived; the original lated Agencies each may offer one pro both and (2) at least one non-profit organiza- proponent of an amendment included forma amendment for the purpose of tion to develop and implement performance- in such amendments en bloc may insert debate; and shall not be subject to a de- based teacher and principal compensation a statement in the CONGRESSIONAL mand for division of the question in the systems in high-need areas: Provided further, RECORD immediately before the dis- House or in the Committee of the That such performance-based compensation position of the amendments en bloc. Whole; and an amendment shall be con- systems must consider gains in student The additional amendments specified sidered to fit the description stated in achievement, among other factors, and may in this order are as follows: this request if it addresses in whole or reward educators who choose to work in amendments printed in the CONGRES- in part the object described. hard-to-staff schools: Provided further, That SIONAL RECORD and numbered 1, 2, 4, 5, up to $700,000 of the funds available under The SPEAKER pro tempore. Is there 8, 10, 11, 14, 15, 16, 17, and 24; objection to the request of the gen- title V, part D, subpart 1 of the ESEA may an amendment by the gentleman be used for evaluation of the program carried tleman from Ohio? out under the DC School Choice Incentive from Iowa (Mr. KING) regarding cov- Mr. OBEY. Reserving the right to ob- Act of 2003. erage of certain drugs; ject, Mr. Speaker, I think the Members an amendment by the gentlewoman need to understand what is happening. b 1630 from Connecticut (Ms. DELAURO) re- As we indicated at the beginning of the Mr. REGULA. Mr. Chairman, I move garding enforcement of certain compli- debate, the gentleman from Ohio and I that the Committee do now rise. ance agreements; were trying to work things out so that The motion was agreed to. an amendment by the gentleman we could finish debate on this bill this Accordingly, the Committee rose; from New York (Mr. ENGEL) regarding afternoon. That, unfortunately, has not and the Speaker pro tempore (Mr. grants under the Public Health Service been possible. We have had quite a bit SHIMKUS) having assumed the chair, Act; of cooperation from some Members and an amendment by the gentleman Mr. PUTNAM, Chairman of the Com- quite a bit less from others. As a re- from Wisconsin (Mr. KIND) regarding mittee of the Whole House on the State sult, it appears that at this moment we designations of critical access hos- of the Union, reported that that Com- still have 26 amendments to consider. mittee, having had under consideration pitals; an amendment by the gentleman As you know, there is an event which the bill (H.R. 3010), making appropria- some Members of the Congress feel re- from California (Mr. WAXMAN) regard- tions for the Departments of Labor, ing certain appointments to Federal quired to attend tonight, not the gen- Health and Human Services, and Edu- advisory committees; tleman from Ohio and not the gen- cation, and Related Agencies for the an amendment by the gentleman tleman from Wisconsin, but because of fiscal year ending September 30, 2006, from California (Mr. GEORGE MILLER) that event, we are going to be required and for other purposes, had come to no regarding United Airline pension plans; to begin voting very shortly. An offer resolution thereon. an amendment by the gentleman was made to continue to debate this f from New York (Mr. HINCHEY) regard- bill throughout that event, allowing Members to return afterwards, but that LIMITATION ON AMENDMENTS ing the content or distribution of pub- lic telecommunications programs and offer was not accepted, and so the prob- DURING FURTHER CONSIDER- lem we have now is that, despite our ATION OF H.R. 3010, DEPART- services under the Communications Act of 1934; best efforts, we will be here tomorrow, MENTS OF LABOR, HEALTH AND an amendment by the gentleman and, if this unanimous consent agree- HUMAN SERVICES, AND EDU- from California (Mr. HONDA) regarding ment is accepted, we might be finished CATION, AND RELATED AGEN- military recruiters; by 3 or 4 o’clock. CIES APPROPRIATIONS ACT, 2006 an amendment by the gentleman Mr. Speaker, I want to say one other Mr. REGULA. Mr. Speaker, I ask from Wisconsin (Mr. OBEY) regarding thing. I would ask Members in the fu- unanimous consent that, during fur- funding levels and income tax rates; ture if they are offering amendments

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.059 H23JNPT1 H5070 CONGRESSIONAL RECORD — HOUSE June 23, 2005 to any appropriations bill to please be The Clerk will designate the amend- Smith (NJ) Thompson (CA) Wasserman attentive enough to what is going on ment. Smith (WA) Thompson (MS) Schultz Snyder Tiberi Waters on the floor so that we do not pass The Clerk designated the amend- Sodrel Tierney Watson their amendment in the reading of the ment. Solis Towns Watt bill. If we do that, then there are mis- Spratt Udall (CO) Waxman RECORDED VOTE Weiner understandings, somebody thinks Stark Upton The Acting CHAIRMAN. A recorded Strickland Van Hollen Weldon (PA) Wexler somebody else was double-crossed or vote has been demanded. Stupak Vela´ zquez Whitfield misled, and we wind up with frayed Sweeney Visclosky A recorded vote was ordered. Wolf Walden (OR) tempers. The committee cannot be ex- The vote was taken by electronic de- Tanner Woolsey pected to take care of Members who do vice, and there were—ayes 284, noes 140, Tauscher Walsh Wu Taylor (MS) Wamp not take care of their own interests. not voting 9, as follows: Wynn Thomas Young (AK) Mr. Speaker, I withdraw my reserva- [Roll No. 305] tion of objection. NOES—140 AYES—284 The SPEAKER pro tempore. Is there Akin Garrett (NJ) Myrick Abercrombie Ferguson McHugh Bachus Gingrey Neugebauer objection to the request of the gen- Ackerman Filner McIntyre Baker Gohmert Northup tleman from Ohio? Aderholt Fitzpatrick (PA) McKinney Barrett (SC) Goode Alexander Norwood There was no objection. Foley McNulty Bartlett (MD) Goodlatte Allen Nussle Ford Meehan Barton (TX) Granger f Andrews Osborne Fossella Meeks (NY) Beauprez Graves Baca Otter Frank (MA) Melancon Bilirakis Green (WI) DEPARTMENTS OF LABOR, Baird Oxley Frelinghuysen Menendez Bishop (UT) Gutknecht Baldwin Pearce HEALTH AND HUMAN SERVICES, Gallegly Michaud Blackburn Hall Barrow Pence AND EDUCATION, AND RELATED Gerlach Millender- Blunt Harris Bean Pitts Gibbons McDonald Boehner Hastings (WA) AGENCIES APPROPRIATIONS Becerra Poe Gilchrest Miller (FL) Bonilla Hayes Berkley ACT, 2006 Gillmor Miller (MI) Bonner Hayworth Pombo Berman Gonzalez Miller (NC) Boustany Hefley Price (GA) The SPEAKER pro tempore. Pursu- Berry Gordon Miller, George Brady (TX) Hensarling Putnam Biggert ant to House Resolution 337 and rule Green, Al Mollohan Brown (SC) Herger Radanovich Bishop (GA) XVIII, the Chair declares the House in Green, Gene Moore (KS) Brown-Waite, Hobson Regula Bishop (NY) Grijalva Moore (WI) Ginny Hoekstra Rehberg the Committee of the Whole House on Blumenauer Gutierrez Moran (KS) Burgess Hostettler Rogers (MI) the State of the Union for the further Boehlert Hart Moran (VA) Burton (IN) Hulshof Rohrabacher Bono consideration of the bill, H.R. 3010. Hastings (FL) Murphy Buyer Hunter Ros-Lehtinen Boozman Herseth Murtha Calvert Hyde Royce Boren Higgins Nadler b 1643 Cannon Issa Ryan (WI) Boswell Hinchey Napolitano Cantor Istook Ryun (KS) IN THE COMMITTEE OF THE WHOLE Boucher Hinojosa Neal (MA) Carter Jindal Saxton Bradley (NH) Accordingly, the House resolved Holden Ney Chabot Johnson, Sam Brady (PA) Sensenbrenner Holt Nunes Chocola Jones (NC) itself into the Committee of the Whole Brown (OH) Sessions Honda Oberstar Cole (OK) Keller House on the State of the Union for the Brown, Corrine Shadegg Hooley Obey Conaway King (IA) Butterfield Shuster further consideration of the bill (H.R. Hoyer Olver Cox Kingston Camp Simpson 3010) making appropriations for the De- Inglis (SC) Ortiz Crenshaw Kline Capito Smith (TX) Inslee Owens Culberson Knollenberg partments of Labor, Health and Human Capps Souder Israel Pallone Davis (KY) Lewis (CA) Capuano Stearns Services, and Education, and Related Jackson (IL) Pascrell Deal (GA) Linder Cardin Sullivan Agencies for the fiscal year ending Sep- Jackson-Lee Pastor DeLay LoBiondo Cardoza Tancredo (TX) Paul Diaz-Balart, L. Lucas tember 30, 2006, and for other purposes, Carnahan Jefferson Payne Diaz-Balart, M. Lungren, Daniel Taylor (NC) with Mr. TERRY (Acting Chairman) in Carson Jenkins Pelosi Doolittle E. Terry Case the chair. Johnson (CT) Peterson (MN) Dreier Mack Thornberry Castle The Clerk read the title of the bill. Johnson (IL) Peterson (PA) Emerson Manzullo Tiahrt Chandler Johnson, E. B. Petri Everett McCrery Turner The Acting CHAIRMAN. When the Clay Jones (OH) Pickering Feeney McHenry Weldon (FL) Cleaver Committee of the Whole rose earlier Kanjorski Platts Flake McKeon Weller Clyburn today, the bill was open for amendment Kaptur Pomeroy Forbes McMorris Westmoreland Coble Kelly Porter Fortenberry Mica Wicker from page 68, line 21, through page 69, Conyers Kennedy (MN) Price (NC) Foxx Miller, Gary Wilson (SC) line 19. Cooper Kennedy (RI) Pryce (OH) Franks (AZ) Musgrave Young (FL) The Chair will describe the supple- Costa Kildee Rahall mental order of the House after dis- Costello Kilpatrick (MI) Ramstad NOT VOTING—9 Cramer Kind Rangel Bass Harman Ryan (OH) posing of unfinished business. Crowley King (NY) Reichert Boyd Lewis (GA) Udall (NM) Cubin Kirk Renzi SEQUENTIAL VOTES POSTPONED IN COMMITTEE Davis, Tom Meek (FL) Wilson (NM) OF THE WHOLE Cuellar Kolbe Reyes Cummings Kucinich Reynolds ANNOUNCEMENT BY THE ACTING CHAIRMAN The Acting CHAIRMAN. Pursuant to Cunningham Kuhl (NY) Rogers (AL) clause 6 of rule XVIII, proceedings will Davis (AL) LaHood Rogers (KY) The Acting CHAIRMAN (Mr. TERRY) now resume on those amendments on Davis (CA) Langevin Ross (during the vote). Members are advised Davis (FL) Lantos Rothman there are 2 minutes remaining in this which further proceedings were post- Davis (IL) Larsen (WA) Roybal-Allard poned, in the following order: amend- Davis (TN) Larson (CT) Ruppersberger vote. ment offered by the gentleman from Davis, Jo Ann Latham Rush Wisconsin (Mr. OBEY), amendment of- DeFazio LaTourette Sabo b 1706 DeGette Leach Salazar fered by the gentleman from New York Delahunt Lee Sa´ nchez, Linda Messrs. CALVERT, ROGERS of (Mr. OWENS), an amendment offered by DeLauro Levin T. Michigan, HEFLEY, COLE of Okla- the gentleman from New Hampshire Dent Lewis (KY) Sanchez, Loretta Dicks Lipinski Sanders homa, and McKEON changed their vote (Mr. BRADLEY). Dingell Lofgren, Zoe Schakowsky from ‘‘aye’’ to ‘‘no.’’ The Chair will reduce to 5 minutes Doggett Lowey Schiff Messrs. BRADLEY of New Hamp- the time for any electronic vote after Doyle Lynch Schwartz (PA) shire, MURPHY, and SODREL, and the first vote in this series. Drake Maloney Schwarz (MI) Duncan Marchant Scott (GA) Mrs. JO ANN DAVIS of Virginia AMENDMENT OFFERED BY MR. OBEY Edwards Markey Scott (VA) changed their vote from ‘‘no’’ to ‘‘aye.’’ The Acting CHAIRMAN. The pending Ehlers Marshall Serrano So the amendment was agreed to. Emanuel Matheson Shaw business is the demand for a recorded Engel Matsui Shays The result of the vote was announced vote on the amendment offered by the English (PA) McCarthy Sherman as above recorded. gentleman from Wisconsin (Mr. OBEY) Eshoo McCaul (TX) Sherwood Stated for: on which further proceedings were Etheridge McCollum (MN) Shimkus Ms. HARRIS. Mr. Chairman, on rollcall No. Evans McCotter Simmons postponed and on which the noes pre- Farr McDermott Skelton 305, the Obey Amendment, I was recorded as vailed by voice vote. Fattah McGovern Slaughter voting ‘‘no’’ and wished to vote ‘‘aye.’’

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.155 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5071 AMENDMENT OFFERED BY MR. OWENS Weiner Wexler Wu vote on the amendment offered by the The Acting CHAIRMAN. The pending Weldon (PA) Woolsey Wynn gentleman from New Hampshire (Mr. business is the demand for a recorded NOES—216 BRADLEY) on which further proceedings vote on the amendment offered by the Aderholt Gerlach Norwood were postponed and on which the noes gentleman from New York (Mr. OWENS) Akin Gibbons Nunes prevailed by voice vote. Alexander Gilchrest Nussle on which further proceedings were Bachus Gillmor Osborne The Clerk will designate the amend- postponed and on which the noes pre- Baker Gingrey Otter ment. vailed by voice vote. Barrett (SC) Gohmert Oxley The Clerk designated the amend- The Clerk will designate the amend- Bartlett (MD) Goode Paul ment. Barton (TX) Goodlatte Pearce ment. Beauprez Granger Pence RECORDED VOTE The Clerk designated the amend- Biggert Graves Peterson (MN) The Acting CHAIRMAN. A recorded ment. Bilirakis Green (WI) Peterson (PA) vote has been demanded. Bishop (UT) Gutknecht Petri RECORDED VOTE Blackburn Hall Pickering A recorded vote was ordered. The Acting CHAIRMAN. A recorded Blunt Harris Pitts The Acting CHAIRMAN. This will be vote has been demanded. Boehlert Hart Poe a 5-minute vote. Boehner Hastings (WA) Pombo A recorded vote was ordered. Bonilla Hayes Porter The vote was taken by electronic de- The Acting CHAIRMAN. This will be Bonner Hayworth Price (GA) vice, and there were—ayes 161, noes 262, a 5-minute vote. Bono Hefley Pryce (OH) not voting 10, as follows: Boozman Hensarling The vote was taken by electronic de- Putnam [Roll No. 307] Boustany Herger Radanovich vice, and there were—ayes 206, noes 216, Bradley (NH) Hobson Ramstad AYES—161 Brady (TX) Hoekstra not voting 11, as follows: Regula Akin Gordon Moore (KS) Brown (SC) Hostettler Rehberg [Roll No. 306] Brown-Waite, Hulshof Barrow Graves Moran (KS) Reichert Bean Green (WI) AYES—206 Ginny Hunter Murphy Renzi Beauprez Green, Al Musgrave Burgess Hyde Reynolds Abercrombie Green, Al Nadler Biggert Gutierrez Neugebauer Burton (IN) Inglis (SC) Rogers (AL) Ackerman Green, Gene Napolitano Bilirakis Gutknecht Nussle Buyer Issa Rogers (KY) Allen Grijalva Neal (MA) Bishop (NY) Hart Osborne Calvert Istook Rogers (MI) Andrews Gutierrez Oberstar Camp Jenkins Bishop (UT) Hayes Otter Rohrabacher Baca Hastings (FL) Obey Cannon Jindal Blumenauer Hayworth Pastor Ros-Lehtinen Baird Herseth Olver Cantor Johnson (CT) Boozman Hefley Royce Paul Baldwin Higgins Ortiz Capito Johnson, Sam Boren Hensarling Ryan (WI) Pearce Barrow Hinchey Carter Keller Bradley (NH) Herger Owens Ryun (KS) Pence Bean Hinojosa Castle Kelly Brady (TX) Herseth Pallone Saxton Peterson (MN) Becerra Holden Chabot Kennedy (MN) Brown (SC) Hoekstra Pascrell Schwarz (MI) Petri Berkley Holt Chocola King (IA) Burton (IN) Hooley Pastor Sensenbrenner Pickering Berman Honda Coble King (NY) Butterfield Hostettler Payne Sessions Pitts Berry Hooley Cole (OK) Kingston Camp Hulshof Pelosi Shadegg Platts Bishop (GA) Hoyer Conaway Kirk Cannon Hunter Platts Shaw Poe Bishop (NY) Inslee Cox Kline Capito Inslee Pomeroy Pomeroy Blumenauer Israel Crenshaw Knollenberg Sherwood Case Jenkins Price (NC) Porter Boren Jackson (IL) Cubin Kolbe Shuster Chandler Jindal Price (GA) Boswell Jackson-Lee Rahall Culberson Kuhl (NY) Simmons Chocola Johnson (CT) Price (NC) Boucher (TX) Rangel Cunningham Latham Simpson Cleaver Johnson (IL) Brady (PA) Jefferson Ross Davis (KY) Leach Smith (NJ) Coble Jones (NC) Ramstad Brown (OH) Johnson (IL) Rothman Davis, Jo Ann Lewis (CA) Smith (TX) Cole (OK) Kelly Reichert Brown, Corrine Johnson, E. B. Roybal-Allard Deal (GA) Lewis (KY) Sodrel Cooper Kennedy (MN) Renzi Butterfield Jones (OH) Ruppersberger DeLay Linder Souder Costello Kennedy (RI) Rohrabacher Capps Kanjorski Rush Dent Lucas Stearns Cubin Kind Ryan (OH) Capuano Kaptur Ryan (OH) Diaz-Balart, L. Lungren, Daniel Sullivan Davis (CA) King (IA) Ryan (WI) Cardin Kennedy (RI) Sabo Diaz-Balart, M. E. Sweeney Davis (TN) Kingston Ryun (KS) Cardoza Kildee Salazar Doolittle Mack Tancredo Davis, Jo Ann Kirk Sensenbrenner Carnahan Kilpatrick (MI) Sa´ nchez, Linda Drake Manzullo Taylor (NC) Drake Kline Sessions Carson Kind T. Dreier Marchant Thomas Duncan Kuhl (NY) Shadegg Case Kucinich Edwards Langevin Sanchez, Loretta Duncan Marshall Thornberry Shays Chandler LaHood English (PA) Latham Sanders Ehlers McCaul (TX) Tiahrt Simmons Clay Langevin Etheridge Leach Schakowsky Emerson McCrery Tiberi Simpson Cleaver Lantos Everett Lewis (KY) Schiff English (PA) McHenry Turner Smith (WA) Clyburn Larsen (WA) Upton Feeney Lipinski Schwartz (PA) Everett McHugh Souder Conyers Larson (CT) Walden (OR) Ferguson Lungren, Daniel Scott (GA) Feeney McKeon Stearns Cooper LaTourette Walsh Fitzpatrick (PA) E. Scott (VA) Fitzpatrick (PA) McMorris Tanner Costa Lee Wamp Flake Manzullo Serrano Flake Mica Taylor (NC) Costello Levin Foley Miller (FL) Weldon (FL) Foley Markey Shays Terry Cramer Lipinski Forbes Miller (MI) Weller Forbes Matheson Sherman Tierney Crowley LoBiondo Fortenberry Miller, Gary Westmoreland Ford McCaul (TX) Shimkus Udall (CO) Cuellar Lofgren, Zoe Fossella Moran (KS) Whitfield Fortenberry McCollum (MN) Upton Cummings Lowey Skelton Foxx Musgrave Wicker Fossella McCotter Walden (OR) Davis (AL) Lynch Slaughter Franks (AZ) Myrick Wilson (SC) Foxx McCrery Wasserman Davis (CA) Maloney Smith (WA) Frelinghuysen Neugebauer Wolf Frank (MA) McHenry Schultz Davis (FL) Markey Snyder Gallegly Ney Young (AK) Franks (AZ) McIntyre Weiner Davis (IL) Matheson Solis Garrett (NJ) Northup Young (FL) Gallegly McMorris Davis (TN) Matsui Spratt Garrett (NJ) Meehan Weldon (PA) DeFazio McCarthy Stark NOT VOTING—11 Gerlach Miller (FL) Weller Westmoreland DeGette McCollum (MN) Strickland Bass Jones (NC) Reyes Gibbons Miller (MI) Delahunt McCotter Gingrey Miller (NC) Wu Stupak Boyd Lewis (GA) Udall (NM) DeLauro McDermott Gohmert Miller, Gary Young (AK) Tanner Davis, Tom Meek (FL) Wilson (NM) Dicks McGovern Tauscher Harman Meeks (NY) NOES—262 Dingell McIntyre Taylor (MS) Doggett McKinney Terry ANNOUNCEMENT BY THE ACTING CHAIRMAN Abercrombie Berman Brown, Corrine Doyle McNulty Thompson (CA) The Acting CHAIRMAN (during the Ackerman Berry Brown-Waite, Edwards Meehan Thompson (MS) vote). Members are advised there are 2 Aderholt Bishop (GA) Ginny Emanuel Melancon Alexander Blackburn Burgess Tierney Engel Menendez minutes remaining in this vote. Allen Blunt Buyer Towns Eshoo Michaud Andrews Boehlert Calvert Udall (CO) Etheridge Millender- b 1714 Baca Boehner Cantor Van Hollen Evans McDonald Bachus Bonilla Capps Vela´ zquez So the amendment was rejected. Farr Miller (NC) The result of the vote was announced Baird Bonner Capuano Fattah Miller, George Visclosky Baker Bono Cardin Ferguson Mollohan Wasserman as above recorded. Baldwin Boswell Cardoza Filner Moore (KS) Schultz AMENDMENT OFFERED BY MR. BRADLEY OF NEW Bartlett (MD) Boucher Carnahan Waters Ford Moore (WI) HAMPSHIRE Barton (TX) Boustany Carson Frank (MA) Moran (VA) Watson Becerra Brady (PA) Carter Gonzalez Murphy Watt The Acting CHAIRMAN. The pending Berkley Brown (OH) Castle Gordon Murtha Waxman business is the demand for a recorded

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.159 H23JNPT1 H5072 CONGRESSIONAL RECORD — HOUSE June 23, 2005 Chabot Jones (OH) Rehberg amendments offered at any point in the an amendment by the gentleman Clay Kanjorski Reynolds reading by the chairman or ranking ROWN Clyburn Kaptur Rogers (AL) from Ohio (Mr. B ) regarding fund- Conaway Keller Rogers (KY) minority member of the Committee on ing for the Medicaid Commission; Conyers Kildee Rogers (MI) Appropriations or their designees for amendments by the gentleman from Costa Kilpatrick (MI) Ros-Lehtinen the purpose of debate, the additional Ohio (Mr. REGULA) regarding veterans Cox King (NY) Ross Cramer Knollenberg Rothman amendments specified in the order, and programs of the Department of Labor, Crenshaw Kolbe Roybal-Allard amendments en bloc specified in this LIHEAP, section 503 of H.R. 3010, or a Crowley Kucinich Royce order. limitation on the use of certain edu- Cuellar LaHood Ruppersberger It shall be in order at any time for cation funds; and Culberson Lantos Rush the chairman of the Committee on Ap- Cummings Larsen (WA) Sabo an amendment by the gentleman Cunningham Larson (CT) Salazar propriations or a designee, after con- from Georgia (Mr. PRICE) regarding Davis (AL) LaTourette Sa´ nchez, Linda sultation with the ranking minority funding for certain education pro- Davis (FL) Lee T. member of the Committee on Appro- Davis (IL) Levin grams. Sanchez, Loretta priations, to offer amendments en bloc Davis (KY) Lewis (CA) Sanders Each additional amendment may be Deal (GA) Linder Saxton consisting of amendments that may be offered only by the Member named in DeFazio LoBiondo Schakowsky offered under the order, or germane the request or a designee, or by the DeGette Lofgren, Zoe Schiff modifications of any such amendment. Delahunt Lowey Member who caused it to be printed in Schwartz (PA) Such amendments en bloc shall be con- DeLauro Lucas Schwarz (MI) the RECORD or a designee, shall be con- DeLay Lynch Scott (GA) sidered as read, except that modifica- sidered as read, shall be debatable for Dent Mack Scott (VA) tions shall be reported, shall be debat- 10 minutes equally divided and con- Diaz-Balart, L. Maloney Serrano able for 10 minutes equally divided and trolled by the proponent and an oppo- Diaz-Balart, M. Marchant Shaw Dicks Marshall Sherman controlled by the chairman and rank- nent, shall not be subject to amend- Dingell Matsui Sherwood ing minority member of the Committee ment except that the chairman and Doggett McCarthy Shimkus on Appropriations or their designees, ranking minority member of the Com- Doolittle McDermott Shuster Doyle McGovern shall not be subject to amendment, and mittee on Appropriations and the Sub- Skelton Dreier McHugh Slaughter shall not be subject to a demand for di- committee on Labor, Health and Ehlers McKeon Smith (NJ) vision of the question. The original Human Services, Education, and Re- Emanuel McKinney Smith (TX) Emerson McNulty proponent of an amendment included lated Agencies each may offer one pro Snyder Engel Meeks (NY) in such amendments en bloc may insert Sodrel forma amendment for the purpose of Eshoo Melancon Solis a statement in the CONGRESSIONAL debate; and shall not be subject to a de- Evans Menendez Spratt RECORD immediately before the dis- Farr Mica mand for division of the question. Stark Fattah Michaud position of the amendments en bloc. Mr. REGULA. Mr. Chairman, I move Strickland Filner Millender- The additional amendments specified Stupak to strike the last word and yield to the Frelinghuysen McDonald Sullivan in the order are: gentleman from Louisiana (Mr. Gilchrest Miller, George amendments printed in the CONGRES- Gillmor Mollohan Sweeney JINDAL). Gonzalez Moore (WI) Tancredo SIONAL RECORD and numbered 1, 2, 4, 5, Mr. JINDAL. Mr. Chairman, I rise Goode Moran (VA) Tauscher 8, 10, 11, 14, 15, 16, 17, and 24; today to request that in lieu of offering Goodlatte Murtha Taylor (MS) an amendment by the gentleman Thomas my amendment, which will provide Granger Myrick from Iowa (Mr. KING) regarding cov- Green, Gene Nadler Thompson (CA) that a small portion of the $50 million Grijalva Napolitano Thompson (MS) erage of certain drugs; in health information technology Hall Neal (MA) Thornberry an amendment by the gentlewoman grants that are already allocated to Harris Ney Tiahrt from Connecticut (Ms. DELAURO) re- Tiberi the agency for health care research and Hastings (FL) Northup garding enforcement of certain compli- Hastings (WA) Norwood Towns quality are designated to small and Higgins Nunes Turner ance agreements; rural hospitals to implement bedside Hinchey Oberstar Van Hollen an amendment by the gentleman ´ bar-coded medication technology, that Hinojosa Obey Velazquez from New York (Mr. ENGEL) regarding Visclosky we agree to work together to achieve Hobson Olver grants under the Public Health Service Holden Ortiz Walsh improvements in health care quality Act; Holt Owens Wamp by implementing technology initia- Waters an amendment by the gentleman Honda Oxley tives in our small and rural hospitals. Hoyer Pallone Watson from Wisconsin (Mr. KIND) regarding Watt Mr. Chairman, quality of health care Hyde Pascrell designations of critical access hos- Inglis (SC) Payne Waxman is the driving force for implementing pitals; Israel Pelosi Weldon (FL) technological changes in the adminis- Issa Peterson (PA) Wexler an amendment by the gentleman tration of medications in hospitals. Istook Pombo Whitfield from California (Mr. WAXMAN) regard- Jackson (IL) Pryce (OH) Wicker ing certain appointments to Federal More than one-third of adverse drug Jackson-Lee Putnam Wilson (SC) events occur during the administration (TX) Radanovich Wolf advisory committees; Jefferson Rahall Woolsey an amendment by the gentleman to patients. Johnson, E. B. Rangel Wynn from California (Mr. GEORGE MILLER) The estimated cost of preventable er- Johnson, Sam Regula Young (FL) regarding United Airline pension plans; rors in the inpatient setting is a stag- NOT VOTING—10 an amendment by the gentleman gering $2 billion annually. Hand-held Barrett (SC) Harman Udall (NM) from New York (Mr. HINCHEY) regard- devices that scan bar codes on medica- Bass Lewis (GA) Wilson (NM) ing the content or distribution of pub- tion bags, patient wristbands, and Boyd Meek (FL) lic telecommunications programs and nurse badges can help eliminate those Davis, Tom Reyes services under the Communications errors by tracking medical information ANNOUNCEMENT BY THE ACTING CHAIRMAN Act of 1934; and alerting hospital staff before a mis- The Acting CHAIRMAN (Mr. TERRY) an amendment by the gentleman take is made. (during the vote). There are 2 minutes from California (Mr. HONDA) regarding In fact, a study by the University of remaining in this vote. military recruiters; Wisconsin shows that medication-dis- an amendment by the gentleman pensing errors can be reduced from 1.43 b 1722 from Wisconsin (Mr. OBEY) regarding percent 0.13 percent with the use of bar Mr. PORTER and Miss McMORRIS funding levels and income tax rates; code technology. Unfortunately, the changed their vote from ‘‘no’’ to ‘‘aye.’’ an amendment by the gentleman penetration of these devices is small. So the amendment was rejected. from Maryland (Mr. VAN HOLLEN) re- Less than 10 percent of hospitals have The result of the vote was announced garding special allowances under the implemented such systems. as above recorded. Higher Education Act; The second driving force for imple- The Acting CHAIRMAN. Pursuant to an amendment by the gentleman menting bar code technology is cost. the order of the House of today, no fur- from Massachusetts (Mr. MARKEY) re- The cost burden relative to the ever- ther amendment to the bill, as amend- garding interoperable information rising demand for health care is not ed, may be offered except pro forma technology; going to be met without implementing

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.068 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5073 technological advancements in health mittee on Transportation and Infra- coverage of public policy issues, expo- care organizations. structure have until midnight, Friday, sure to the arts and culture, and qual- The United States spends over $1.2 June 24, 2005, to file a report to accom- ity family-friendly educational pro- trillion a year on health care. We could pany the bill H.R. 2864, to provide for gram. have a dramatic impact on reducing the conservation and development of Cutting funding for public broad- the amount of paperwork on the ad- water and related resources, to author- casting would damage the fabric of ministrative side by using bar code ize the Secretary of the Army to con- public discourse and citizen oversight, technology that automatically cap- struct various projects for improve- the very basis of representative govern- tures patient data and eliminates some ments to rivers and harbors of the ment. By encouraging and informing of the costly administrative burdens United States, and for other purposes. public debate, public broadcasting that take hospital staff away from pa- The SPEAKER pro tempore. Is there makes a lasting contribution to com- tient care. objection to the request of the gen- munity across the country and has his- Moreover, the quality of life in rural tleman from Tennessee? torically enjoyed broad bipartisan sup- America depends on having access to There was no objection. port. In Kentucky, Governors from both quality, affordable health care. f Mr. Chairman, will you agree to work parties have worked with Kentucky with me to improve the quality of REMOVAL OF NAME OF MEMBER Educational Television to create the health care in small and rural hospitals AS COSPONSOR OF H.R. 2567 largest PBS member network in Amer- ica, serving 640,000 Kentuckians each as this bill moves forward in the legis- Mr. FARR. Mr. Speaker, I ask unani- week. The proposed cut that we de- lative process? mous consent to have my name re- bated today would have had a crippling moved as a cosponsor of H.R. 2567. b 1730 impact on the ability of KET and other The SPEAKER pro tempore. Is there public broadcasters to inform the pub- Mr. REGULA. Yes. I thank the gen- objection to the request of the gen- lic and enrich the curriculum taught to tleman for bringing this important tleman from California? school children in the district of every issue to my attention and to the atten- There was no objection. tion of the House of Representatives. single Member of this body. I agree that the quality of health f The question on everyone’s minds care in rural America is an important REMOVAL OF NAME OF MEMBER was why? As educators and parents across our issue. And regrettably in a tight fiscal AS COSPONSOR OF H.R. 415 environment, some reductions have Nation contend with inadequate re- Ms. WOOLSEY. Mr. Speaker, I ask sources for public schools, why dras- been made to rural health care pro- unanimous consent to have my name grams. I look forward to working with tically scale back support for program- removed as a cosponsor of H.R. 415. ming that enhances basic education the gentleman to help find funding The SPEAKER pro tempore. Is there streams from which to draw from to and provides many students, especially objection to the request of the gentle- those in rural schools, with their only help improve the technology available woman from California? to patients of health care providers in exposure to the arts, music and the hu- There was no objection. manities? As policymakers work to im- rural America. prove early childhood education, why Mr. JINDAL. I thank the gentleman. f eliminate support for good programs Mr. REGULA. Mr. Chairman, I move PERSONAL EXPLANATION like Sesame Street and Clifford the Big that the Committee do now rise. Ms. WOOLSEY. Mr. Speaker, I was Red Dog which improve reading and The motion was agreed to. unavoidably detained and I missed Roll literacy skills for millions of children? Accordingly, the Committee rose; Call vote 259. Had I been present I As parents express concern about in- and the Speaker pro tempore (Mr. would have voted nay. decent content in the shows that their MARCHANT) having assumed the chair, children watch, why turn our back on f Mr. TERRY, Acting Chairman of the the only station I can allow my three Committee of the Whole House on the PERSONAL EXPLANATION children, Lucie, Albert and Branham, State of the Union, reported that that to watch without supervision? Committee, having had under consider- Ms. JACKSON-LEE of Texas. Mr. Speaker, I was unavoidably detained And as the public seeks refuge from ation the bill (H.R. 3010) making appro- an increasingly disappointing, and, in priations for the Departments of and I missed several votes. Had I been present I would have voted the fol- some cases, outright partisan media, Labor, Health and Human Services, why rescind support for highly re- and Education, and Related Agencies lowing: Roll Call vote 293, aye. Roll Call vote 294, no. Roll Call vote 295, no. spected objective news programs like for the fiscal year ending September 30, the NewsHour with Jim Lehrer and 2006, and for other purposes, had come Roll Call vote 296, nay. Roll Call vote 297, no. Roll Call vote 298, no. Roll Call Frontline? to no resolution thereon. Why cripple excellent radio stations vote 299, aye. Roll Call vote 300, no. like WUKY and WEKU in my district, f Roll Call vote 301, no. Roll call vote jeopardizing shows like Morning Edi- PERSONAL EXPLANATION 302, aye. Roll Call vote 303, aye. tion and All Things Considered? Mr. KUCINICH. Mr. Speaker, I was f Why indeed? I cannot answer such unavoidably detained yesterday on of- SPECIAL ORDERS questions. The very notion of turning ficial business. away from the future of public broad- Had I been here, I would have cast The SPEAKER pro tempore. Under casting is preposterous. I am fearful the following votes: Roll Call 297, no. the Speaker’s announced policy of Jan- this is an administration effort to ei- Roll Call 298, no. Roll Call 299, aye. uary 7, 2003, and under a previous order ther censor public broadcasters or in- Roll Call 300, no. Roll Call 301, no. Roll of the House, the following Members timidate them into favorably reporting Call 302, aye. Roll Call 303, no. Roll Call will be recognized for 5 minutes each. on the current administration. I sin- 304, no. f cerely hope not. Objectivity and facts f know nothing of partisan politics. SAVE PUBLIC BROADCASTING The opponents of public broadcasting PERMISSION FOR COMMITTEE ON The SPEAKER pro tempore. Under a should take note, we will never stop TRANSPORTATION AND INFRA- previous order of the House, the gen- fighting to preserve public STRUCTURE TO HAVE UNTIL tleman from Kentucky (Mr. CHANDLER) broadcasting’s independence. Public MIDNIGHT, FRIDAY, JUNE 24, 2005, is recognized for 5 minutes. broadcasting is a true civic treasury, a TO FILE A REPORT ON H.R. 2864, Mr. CHANDLER. Mr. Speaker, it was shining example of what good govern- WATER RESOURCES DEVELOP- with alarm and a great sense of shock ment policy can do to improve our MENT ACT OF 2005 that I learned of the proposal to cut quality of life and strengthen the Mr. DUNCAN. Mr. Speaker, I ask public broadcasting. Public broad- American Republic by engaging citi- unanimous consent that the Com- casting provides unbiased, in-depth zens in public affairs.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.163 H23JNPT1 H5074 CONGRESSIONAL RECORD — HOUSE June 23, 2005 As Thomas Jefferson once said, MERCURY AND AUTISM them while at the same time changing Whenever people are well informed, The SPEAKER pro tempore. Under a the Vaccine Injury Compensation Fund they can be trusted with their own gov- previous order of the House, the gen- in a way that will protect these fami- ernment. tleman from Indiana (Mr. BURTON) is lies and help those who have been dam- Maintaining our commitment to pub- recognized for 5 minutes. aged, but so far we have gotten abso- lic broadcasting will help keep the very Mr. BURTON of Indiana. Mr. Speak- lutely nowhere with them; and it is people who elect us well informed, and er, I have been down here a lot talking something I think we need to continue in doing so, help to promote the integ- about autism over the years and my to work on. rity and proper functioning of this very committee had many hearings on the Just recently, there was an article body itself. issue of autism. My grandson became that was published in a magazine I nor- I applaud the Members of this body autistic after receiving 9 shots in one mally do not read. It is called Rolling who rose to the defense of public broad- day, 7 of which contained mercury, in a Stone, but this article was brought to casting earlier today by voting to re- product called thimerosal. And he is my attention, and I think everybody in store funding to a cherished American doing better but it has been a very dif- this body ought to read that article. It institution. ficult time for me and my family. was written by Robert F. Kennedy, Jr., f I strongly believe that there is a link somebody who I normally do not read, between the mercury that is in the thi- but I have to tell my colleagues it is a HONORING ARMY SPECIALIST merosal in the vaccines and children very well-written article. It goes into STANLEY ‘‘STOSH’’ LAPINSKI developing neurological disorders such great detail and scientific research (Ms. GINNY BROWN-WAITE of Flor- as autism. In fact, according to a re- studies on mercury-connected mental ida asked and was given permission to cent study released by collaboration of disorders caused by the thimerosal in address the House for 1 minute and to U.S. medical researchers from Johns the mercury in these vaccinations. revise and extend her remarks.) Hopkins University, Northeastern Uni- I would submit to all my colleagues Ms. GINNY BROWN-WAITE of Flor- versity in Boston, and the University they really need to read this article. I ida. Mr. Speaker, it is with a heavy of Nebraska and Tufts University that am going to send a Dear Colleague out heart that I rise today to express con- was published in the Vancouver Sun in to all of my colleagues in the House dolences of a grateful Nation. February of last year and was officially and the Senate over the next couple of I rise to honor the life of Army Spe- released in the April 2004 edition of the days. It is a fairly lengthy article, but cialist Stanley, also known as Stosh, scientific journal Molecular Psychi- it goes into how government officials Lapinski. Specialist Lapinski was a re- atry, ‘‘A recent review of vaccine-re- met with pharmaceutical company of- cent victim of a terrorist roadside lated adverse events in the U.S. found ficials and deliberately covered up the bomb. a significant correlation between shots connection, deliberately covered up the During his last conversation before containing thimerosal,’’ i.e. mercury connection between the thimerosal in he was killed, Sergeant Lapinski told ‘‘and autism.’’ vaccines and the problems that are The study further concluded that the his parents not to worry about him and being created, neurological problems use of thimerosal-containing shots he would be fine. that have been created in these chil- could account for the rising rates of While Stosh did not make it home dren, including autism. autism since the early 1980s when more from Iraq, I am honored to join the All of my colleagues ought to read thimerosal-containing vaccinations Lapinski family for his burial at Ar- this and realize that we have had a col- were added to the government-man- lington National Cemetery next week. laboration between health officials in dated childhood vaccination schedule. A grateful Nation has brought him our government and the pharma- Scientific evidence aside, we have ceutical industry to protect themselves home to the honors and accolades he seen an increase from 1 in 10,000 chil- well deserves. from class action lawsuits at the ex- dren who are autistic to 1 in 166 since pense of these young kids and families Nothing I could say today would heal they started using thimerosal in many, the wounds of the Lapinski family. who have been damaged by neuro- many vaccines in the early eighties logical disorders, including autism. After speaking to them, however, I can and children started getting more of tell you that they want their son’s sac- So I submit to my colleagues who these shots. may be in their offices or here tonight, rifice to be remembered for the good I am not against vaccinations but I and honorable actions he was doing in please read this article. It is extremely do believe, as many of my colleagues, important. I do not want to hurt the Iraq. including the gentleman from Florida His service showed the true American pharmaceutical industry. I would like (Mr. WELDON) believe, that mercury to protect them from class action law- spirit. While the Lapinskis lost their should be taken out of all childhood son, they know that he died preserving suits; but at the same time, we need to vaccines and in fact all vaccines. change that Vaccine Injury Compensa- and fighting for democracy. We need to ask ourselves one simple tion Fund to take care of these kids Mr. Speaker, I ask all Americans to question: What is right? The answer I that have been damaged and help their join me in honoring a true American think is very clear. Get mercury out of families. hero. all vaccinations. DEADLY IMMUNITY f In reality the answer that is given by far too many officials in our govern- (By Robert F. Kennedy, Jr.) The SPEAKER pro tempore. Under a JUNE 16, 2005.—In June 2000, a group of top previous order of the House, the gen- ment, health agencies and some Mem- bers of Congress, sorry, we cannot help government scientists and health officials tleman from Minnesota (Mr. GUT- you, and the need to protect the phar- gathered for a meeting at the isolated KNECHT) is recognized for 5 minutes. Simpsonwood conference center in Norcross, maceutical industry is so great, we (Mr. GUTKNECHT addressed the Ga. Convened by the Centers for Disease cannot do much about it. House. His remarks will appear here- Control and Prevention, the meeting was after in the Extensions of Remarks.) b 1745 held at this Methodist retreat center, nestled in wooded farmland next to the Chattahoo- f Some in my party keep talking about chee River, to ensure complete secrecy. The changing the law to protect the drug ORDER OF BUSINESS agency had issued no public announcement companies against so-called frivolous of the session—only private invitations to 52 Mr. BURTON of Indiana. Mr. Speak- lawsuits, and we have to do something attendees. There were high-level officials er, I ask unanimous consent to claim to help these families who had their from the CDC and the Food and Drug Admin- the time of the gentleman from Min- children damaged by the mercury vac- istration, the top vaccine specialist from the nesota (Mr. GUTKNECHT). cines. I am against class action law- World Health Organization in Geneva, and The SPEAKER pro tempore (Mr. representatives of every major vaccine man- suits in general. I am for tort reform, ufacturer, including GlaxoSmithKline, MCCAUL of Texas). Is there objection to but we have got to do something to Merck, Wyeth and Aventis Pasteur. All of the request of the gentleman from Indi- help these families. the scientific data under discussion, CDC of- ana? We have tried to talk to the pharma- ficials repeatedly reminded the participants, There was no objection. ceutical industry about protecting was strictly ‘‘embargoed.’’ There would be no

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.165 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5075 making photocopies of documents, no taking 2003, he had gone to work for research and talking with many of the na- papers with them when they left. GlaxoSmithKline and reworked his data to tion’s preeminent authorities on mercury The federal officials and industry rep- bury the link between thimerosal and au- that I became convinced that the link be- resentatives had assembled to discuss a dis- tism. tween thimerosal and the epidemic of child- turbing new study that raised alarming ques- Vaccine manufacturers had already begun hood neurological disorders is real. Five of tions about the safety of a host of common to phase thimerosal out of injections given my own children are members of the Thimer- childhood vaccines administered to infants to American infants—but they continued to osal Generation—those born between 1989 and young children. According to a CDC epi- sell off their mercury-based supplies of vac- and 2003—who received heavy doses of mer- demiologist named Tom Verstraeten, who cines until last year. The CDC and FDA gave cury from vaccines. ‘‘The elementary grades had analyzed the agency’s massive database them a hand, buying up the tainted vaccines are overwhelmed with children who have containing the medical records of 100,000 for export to developing countries and allow- symptoms of neurological or immune-system children, a mercury based preservative in the ing drug companies to continue using the damage,’’ Patti White, a school nurse, told vaccines—thimerosal—appeared to be re- preservative in some American vaccines—in- the House Government Reform Committee in sponsible for a dramatic increase in autism cluding several pediatric flu shots as well as 1999. ‘‘Vaccines are supposed to be making us and a host of other neurological disorders tetanus boosters routinely given to 11-year- healthier; however, in 25 years of nursing I among children. ‘‘I was actually stunned by olds. have never seen so many damaged, sick kids. what I saw,’’ Verstraeten told those assem- The drug companies are also getting help Something very, very wrong is happening to bled at Simpsonwood, citing the staggering from powerful lawmakers in Washington. our children.’’ More than 500,000 kids cur- number of earlier studies that indicate a link Senate Majority Leader BILL FRIST, who has rently suffer from autism, and pediatricians between thimerosal and speech delays, atten- received $873,000 in contributions from the diagnose more than 40,000 new cases every tion-deficit disorder, hyperactivity and au- pharmaceutical industry, has been working year. The disease was unknown until 1943, tism. Since 1991, when the CDC and the FDA to immunize vaccine makers from liability when it was identified and diagnosed among had recommended that three additional vac- in 4,200 lawsuits that have been filed by the children born in the months after thimerosal parents of injured children. On five separate cines laced with the preservative be given to was first added to baby vaccines in 1931. extremely young infants—in one case, within occasions, FRIST has tried to seal all of the Some skeptics dispute that the rise in au- hours of birth—the estimated number of government’s vaccine-related documents— tism is caused by thimerosal-tainted vac- including the Simpsonwood transcripts—and cases of autism had increased fifteen fold, cinations. They argue that the increase is a shield Eli Lilly, the developer of thimerosal, from one in every 2,500 children to one in 166 result of better diagnosis—a theory that from subpoenas. In 2002, the day after Frist children. seems questionable at best, given that most Even for scientists and doctors accustomed quietly slipped a rider known as the ‘‘Eli of the new cases of autism are clustered Lilly Protection Act’’ into a homeland secu- to confronting issues of life and death, the within a single generation of children. ‘‘If rity bill, the company contributed $10,000 to findings were frightening. ‘‘You can play the epidemic is truly an artifact of poor di- his campaign and bought 5,000 copies of his with this all you want,’’ Dr. Bill Weil, a con- agnosis,’’ scoffs Dr. Boyd Haley, one of the book on bioterrorism. Congress repealed the sultant for the American Academy of Pediat- world’s authorities on mercury toxicity, measure in 2003—but earlier this year, Frist rics, told the group. The results ‘‘are statis- ‘‘then where are all the 20-year-old slipped another provision into an anti-ter- tically significant.’’ Dr. Richard Johnston, autistics?’’ Other researchers point out that rorism bill that would deny compensation to an immunologist and pediatrician from the Americans are exposed to a greater cumu- children suffering from vaccine-related brain University of Colorado whose grandson had lative ‘‘load’’ of mercury than ever before, disorders. ‘‘The lawsuits are of such mag- been born early on the morning of the meet- from contaminated fish to dental fillings, nitude that they could put vaccine producers ing’s first day, was even more alarmed. ‘‘My and suggest that thimerosal in vaccines may out of business and limit our capacity to gut feeling?’’ he said. ‘‘Forgive this personal be only part of a much larger problem. It’s a deal with a biological attack by terrorists,’’ comment—I do not want my grandson to get concern that certainly deserves far more at- says Andy Olsen, a legislative assistant to a thimerosal-containing vaccine until we tention than it has received—but it over- Frist. know better what is going on.’’ Even many conservatives are shocked by looks the fact that the mercury concentra- But instead of taking immediate steps to the government’s effort to cover up the dan- tions in vaccines dwarf other sources of ex- alert the public and rid the vaccine supply of gers of thimerosal. Rep. Dan Burton, a Re- posure to our children. thimerosal, the officials and executives at What is most striking is the lengths to publican from Indiana, oversaw a three-year Simpsonwood spent most of the next two which many of the leading detectives have investigation of thimerosal after his grand- days discussing how to cover up the dam- gone to ignore—and cover up—the evidence son was diagnosed with autism. ‘‘Thimerosal aging data. According to transcripts ob- against thimerosal. From the very begin- used as a preservative in vaccines is directly tained under the Freedom of Information related to the autism epidemic,’’ his House ning, the scientific case against the mercury Act, many at the meeting were concerned Government Reform Committee concluded in additive has been overwhelming. The pre- about how the damaging revelations about its final report. ‘‘This epidemic in all prob- servative, which is used to stem fungi and thimerosal would affect the vaccine indus- ability may have been prevented or curtailed bacterial growth in vaccines, contains try’s bottom line. had the FDA not been asleep at the switch ethylmercury, a potent neurotoxin. Truck- ‘‘We are in a bad position from the stand- regarding a lack of safety data regarding in- loads of studies have shown that mercury point of defending any lawsuits,’’ said Dr. jected thimerosal, a known neurotoxin.’’ The tends to accumulate in the brains of pri- Robert Brent, a pediatrician at the Alfred I. FDA and other public-health agencies failed mates and other animals after they are in- duPont Hospital for Children in Delaware. to act, the committee added, out of ‘‘institu- jected with vaccines—and that the devel- ‘‘This will be a resource to our very busy tional malfeasance for self protection’’ and oping brains of infants are particularly sus- plaintiff attorneys in this country.’’ Dr. Bob ‘‘misplaced protectionism of the pharma- ceptible. In 1977, a Russian study found that Chen, head of vaccine safety for the CDC, ex- ceutical industry.’’ adults exposed to much lower concentrations pressed relief that’’ given the sensitivity of The story of how government health agen- of ethylmercury than those given to Amer- the information, we have been able to keep it cies colluded with Big Pharmacy to hide the ican children still suffered brain damage out of the hands of, let’s say, less responsible risks of thimerosal from the public is a years later. Russia banned thimerosal from hands.’’ Dr. John Clements, vaccines advisor chilling case study of institutional arro- children’s vaccines 20 years ago, and Den- at the World Health Organization, declared gance, power and greed. I was drawn into the mark, Austria, Japan, Great Britain and all flatly that the study ‘‘should not have been controversy only reluctantly. As an attorney the Scandinavian countries have since fol- done at all’’ and warned that the results and environmentalist who has spent years lowed suit. ‘‘will be taken by others and will be used in working on issues of mercury toxicity, I fre- ‘‘You couldn’t even construct a study that ways beyond the control of this group. The quently met mothers of autistic children shows thimerosal is safe,’’ says Haley, who research results have to be handled.’’ who were absolutely convinced that their heads the chemistry department at the Uni- In fact, the government has proved to be kids had been injured by vaccines. Privately, versity of Kentucky. ‘‘It’s just too darn far more adept at handling the damage than I was skeptical. I doubted that autism could toxic. If you inject thimerosal into an ani- at protecting children’s health. The CDC be blamed on a single source, and I certainly mal, its brain will sicken. If you apply it to paid the Institute of Medicine to conduct a understood the government’s need to reas- living tissue, the cells die. If you put it in a new study to whitewash the risks of thimer- sure parents that vaccinations are safe; the petri dish, the culture dies. Knowing these osal, ordering researchers to ‘‘rule out’’ the eradication of deadly childhood diseases de- things, it would be shocking if one could in- chemical’s link to autism. It withheld pends on it. I tended to agree with skeptics ject it into an infant without causing dam- Verstraeten’s findings, even though they had like Rep. Henry Waxman, a Democrat from age.’’ been slated for immediate publication, and California, who criticized his colleagues on Internal documents reveal that Eli Lilly, told other scientists that his original data the House Government Reform Committee which first developed thimerosal, knew from had been ‘‘lost’’ and could not be replicated. for leaping to conclusions about autism and the start that its product could cause dam- And to thwart the Freedom of Information vaccinations. ‘‘Why should we scare people age—and even death—in both animals and Act, it handed its giant database of vaccine about immunization,’’ Waxman pointed out humans. In 1930, the company tested thimer- records over to a private company, declaring at one hearing, ‘‘until we know the facts?’’ osal by administering it to 22 patients with it off-limits to researchers. By the time It was only after reading the Simpsonwood terminal meningitis, all of whom died within Verstraeten finally published his study in transcripts, studying the leading scientific weeks of being injected—a fact Lilly didn’t

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00089 Fmt 7634 Sfmt 9920 E:\CR\FM\A23JN7.081 H23JNPT1 H5076 CONGRESSIONAL RECORD — HOUSE June 23, 2005 bother to report in its study declaring thi- of viral products for the agency, asked in an Other vaccine scientists and regulators merosal safe. In 1935, researchers at another e-mail to the CDC in 1999. ‘‘Why didn’t CDC gave me similar assurances. Like Offit, they vaccine manufacturer, Pittman-Moore, and the advisory bodies do these calculations view themselves as enlightened guardians of warned Lilly that its claims about when they rapidly expanded the childhood children’s health, proud of their ‘‘partner- thimerosal’s safety ‘‘did not check with immunization schedule?’’ ships’’ with pharmaceutical companies, im- ours.’’ Half the dogs Pittman injected with But by that time, the damage was done. In- mune to the seductions of personal profit, thimerosal-based vaccines became sick, lead- fants who received all their vaccines, plus besieged by irrational activists whose anti- ing researchers there to declare the preserva- boosters, by the age of six months were being vaccine campaigns are endangering chil- tive ‘‘unsatisfactory as a serum intended for injected with a total of 187 micrograms of dren’s health. They are often resentful of use on dogs.’’ ethylmercury—a level 40 percent greater questioning. ‘‘Science,’’ says Offit, ‘‘is best In the decades that followed, the evidence than the EPA’s limit for daily exposure to left to scientists.’’ against thimerosal continued to mount. Dur- methylmercury, a related neurotoxin. Al- Still, some government officials were ing the Second World War, when the Depart- though the vaccine industry insists that alarmed by the apparent conflicts of inter- ment of Defense used the preservative in vac- ethylmercury poses little danger because it est. In his e-mail to CDC administrators in cines on soldiers, it required Lilly to label it breaks down rapidly and is removed by the 1999, Paul Patriarca of the FDA blasted fed- ‘‘poison.’’ In 1967, a study in Applied Microbi- body, several studies—including one pub- eral regulators for failing to adequately ology found that thimerosal killed mice lished in April by the National Institutes of scrutinize the danger posed by the added when added to injected vaccines. Four years Health—suggest that ethylmercury is actu- baby vaccines. ‘‘I’m not sure there will be an later, Lilly’s own studies discerned that thi- ally more toxic to developing brains and easy way out of the potential perception merosal was ‘‘toxic to tissue cells’’ in con- stays in the brain longer than that the FDA, CDC and immunization-policy centrations as low as one part per million— methylmercury. Under the expanded sched- bodies may have been asleep at the switch 100 times weaker than the concentration in a ule of vaccinations, multiple shots were re: thimerosal until now,’’ Patriarca wrote. typical vaccine. Even so, the company con- often administered on a single day: At two The close ties between regulatory officials tinued to promote thimerosal as ‘‘nontoxic’’ months, when the infant brain is still at a and the pharmaceutical industry, he added, and also incorporated it into topical dis- critical stage of development, children rou- ‘‘will also raise questions about various advi- infectants. In 1977, 10 babies at a Toronto tinely received three inoculations that deliv- sory bodies regarding aggressive rec- hospital died when an antiseptic preserved ered 99 times the approved limit of mercury. ommendations for use’’ of thimerosal in with thimerosal was dabbed onto their um- Officials responsible for childhood immuni- child vaccines. bilical cords. zations insist that the additional vaccines If federal regulators and government sci- In 1982, the FDA proposed a ban on over- were necessary to protect infants from dis- entists failed to grasp the potential risks of the-counter products that contained thimer- ease and that thimerosal is still essential in thimerosal over the years, no one could osal, and in 1991 the agency considered ban- developing nations, which, they often claim, claim ignorance after the secret meeting at ning it from animal vaccines. But tragically, cannot afford the single-dose vials that don’t Simpsonwood. But rather than conduct more that same year, the CDC recommended that require a preservative. Dr. Paul Offit, one of studies to test the link to autism and other infants be injected with a series of mercury- CDC’s top vaccine advisors, told me, ‘‘I think forms of brain damage, the CDC placed poli- laced vaccines. Newborns would be vac- if we really have an influenza pandemic—and tics over science. The agency turned its cinated for hepatitis B within 24 hours of certainly we will in the next 20 years, be- database on childhood vaccines—which had birth, and 2-month-old infants would be im- cause we always do—there’s no way on God’s been developed largely at taxpayer expense— munized for haemophilus influenzae B and earth that we immunize 280 million people over to a private agency, America’s Health diphtheria-tetanus-pertussis. with single-dose vials. There has to be Insurance Plans, ensuring that it could not The drug industry knew the additional multidose vials.’’ be used for additional research. It also in- vaccines posed a danger. The same year that But while public-health officials may have structed the Institute of Medicine, an advi- the CDC approved the new vaccines, Dr. been well-intentioned, many of those on the sory organization that is part of the Na- Maurice Hilleman, one of the fathers of CDC advisory committee who backed the ad- tional Academy of Sciences, to produce a Merck’s vaccine programs, warned the com- ditional vaccines had close ties to the indus- study debunking the link between thimer- pany that 6-month-olds who were adminis- try. Dr. Sam Katz, the committee’s chair, osal and brain disorders. The CDC ‘‘wants us tered the shots would suffer dangerous expo- was a paid consultant for most of the major to declare, well, that these things are pretty sure to mercury. He recommended that thi- vaccine makers and shares a patent on a safe,’’ Dr. Marie McCormick, who chaired the merosal be discontinued, ‘‘especially when measles vaccine with Merck, which also IOM’s Immunization Safety Review Com- used on infants and children,’’ noting that manufactures the hepatitis B vaccine. Dr. mittee, told her fellow researchers when the industry knew of nontoxic alternatives. Neal Halsey, another committee member, they first met in January 2001. ‘‘We are not ‘‘The best way to go,’’ he added, ‘‘is to switch worked as a researcher for the vaccine com- ever going to come down that [autism] is a to dispensing the actual vaccines without panies and received honoraria from Abbott true side effect’’ of thimerosal exposure. Ac- adding preservatives.’’ Labs for his research on the hepatitis B vac- cording to transcripts of the meeting, the For Merck and other drug companies, how- cine. committee’s chief staffer, Kathleen Strat- ever, the obstacle was money. Thimerosal Indeed, in the tight circle of scientists who ton, predicted that the IOM would conclude enables the pharmaceutical industry to work on vaccines, such conflicts of interest that the evidence was ‘‘inadequate to accept package vaccines in vials that contain mul- are common. Rep. Burton says that the CDC or reject a causal relation’’ between thimer- tiple doses, which require additional protec- ‘‘routinely allows scientists with blatant osal and autism. That, she added, was the re- tion because they are more easily contami- conflicts of interest to serve on intellectual sult ‘‘Walt wants’’—a reference to Dr. Walter nated by multiple needle entries. The larger advisory committees that make rec- Orenstein, director of the National Immuni- vials cost half as much to produce as small- ommendations on new vaccines,’’ even zation Program for the CDC. er, single-dose vials, making it cheaper for though they have ‘‘interests in the products For those who had devoted their lives to international agencies to distribute them to and companies for which they are supposed promoting vaccination, the revelations impoverished regions at risk of epidemics. to be providing unbiased oversight.’’ The about thimerosal threatened to undermine Faced with this ‘‘cost consideration,’’ Merck House Government Reform Committee dis- everything they had worked for. ‘‘We’ve got ignored Hilleman’s warnings, and govern- covered that four of the eight CDC advisors a dragon by the tail here,’’ said Dr. Michael ment officials continued to push more and who approved guidelines for a rotavirus vac- Kaback, another committee member. ‘‘The more thimerosal-based vaccines for children. cine ‘‘had financial ties to the pharma- more negative that [our] presentation is, the Before 1989, American preschoolers received ceutical companies that were developing dif- less likely people are to use vaccination, im- 11 vaccinations—for polio, diphtheria-tet- ferent versions of the vaccine.’’ munization—and we know what the results anus-pertussis and measles-mumps-rubella. Offit, who shares a patent on one of the of that will be. We are kind of caught in a A decade later, thanks to federal rec- vaccines, acknowledged to me that he trap. How we work our way out of the trap, ommendations, children were receiving a ‘‘would make money’’ if his vote eventually I think is the charge.’’ total of 22 immunizations by the time they leads to a marketable product. But he dis- Even in public, federal officials made it reached first grade. missed my suggestion that a scientist’s di- clear that their primary goal in studying As the number of vaccines increased, the rect financial stake in CDC approval might thimerosal was to dispel doubts about vac- rate of autism among children exploded. bias his judgment. ‘‘It provides no conflict cines. ‘‘Four current studies are taking place During the 1990s, 40 million children were in- for me,’’ he insists. ‘‘I have simply been in- to rule out the proposed link between autism jected with thimerosal-based vaccines, re- formed by the process, not corrupted by it. and thimerosal,’’ Dr. Gordon Douglas, then- ceiving unprecedented levels of mercury dur- When I sat around that table, my sole intent director of strategic planning for vaccine re- ing a period critical for brain development. was trying to make recommendations that search at the National Institutes of Health, Despite the well-documented dangers of thi- best benefited the children in this country. assured a Princeton University gathering in merosal, it appears that no one bothered to It’s offensive to say that physicians and pub- May 2001. ‘‘In order to undo the harmful ef- add up the cumulative dose of mercury that lic-health people are in the pocket of indus- fects of research claiming to link the [mea- children would receive from the mandated try and thus are making decisions that they sles] vaccine to an elevated risk of autism, vaccines. ‘‘What took the FDA so long to do know are unsafe for children. It’s just not we need to conduct and publicize additional the calculations?’’ Peter Patriarca, director the way it works.’’ studies to assure parents of safety.’’ Douglas

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00090 Fmt 7634 Sfmt 9920 E:\CR\FM\A23JN7.082 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5077 formerly served as president of vaccinations mercury from a power plant. The other The SPEAKER pro tempore. Is there for Merck, where he ignored warnings about three—including one child adopted from out- objection to the request of the gen- thimerosal’s risks. side the Amish community—had received tleman from California? In May of last year, the Institute of Medi- their vaccines. There was no objection. cine issued its final report. Its conclusion: At the state level, many officials have also There is no proven link between autism and conducted in-depth reviews of thimerosal. f thimerosal in vaccines. Rather than review- While the Institute of Medicine was busy THE CORPORATION FOR PUBLIC ing the large body of literature describing whitewashing the risks, the Iowa Legislature BROADCASTING—PROVIDING the toxicity of thimerosal, the report relied was carefully combing through all of the on four disastrously flawed epidemiological available scientific and biological data. INDEPENDENT FAMILY PRO- studies examining European countries, ‘‘After three years of review, I became con- GRAMMING where children received much smaller doses vinced there was sufficient credible research The SPEAKER pro tempore. Under a of thimerosal than American kids. It also to show a link between mercury and the in- previous order of the House, the gen- cited a new version of the Verstraeten study, creased incidences in autism,’’ says state published in the journal Pediatrics, that had tleman from California (Mr. SCHIFF) is Sen. Ken Veenstra, a Republican who recognized for 5 minutes. been reworked to reduce the link between oversaw the investigation. ‘‘The fact that thimerosal and autism. The new study in- Iowa’s 700 percent increase in autism began Mr. SCHIFF. Mr. Speaker, I rise cluded children too young to have been diag- in the 1990s, right after more and more vac- today to express my strong support for nosed with autism and overlooked others cines were added to the children’s vaccine the Corporation for Public Broad- who showed signs of the disease. The IOM de- schedules, is solid evidence alone.’’ Last casting and its contributions to our clared the case closed and—in a startling po- year, Iowa became the first state to ban mer- shared American experience. sition for a scientific body—recommended cury in vaccines, followed by California. On November 7, 1967, President Lyn- that no further research be conducted. Similar bans are now under consideration in The report may have satisfied the CDC, but don Johnson signed into law the Public 32 other states. Broadcasting Act of 1967, creating the it convinced no one. Rep. David Weldon, a But instead of following suit, the FDA con- Republican physician from Florida who tinues to allow manufacturers to include thi- Corporation for Public Broadcasting serves on the House Government Reform merosal in scores of over-the-counter medi- and bringing about the genesis of one Committee, attacked the Institute of Medi- cations as well as steroids and injected col- of our Nation’s most cherished edu- cine, saying it relied on a handful of studies lagen. Even more alarming, the government cational and cultural institutions. that were ‘‘fatally flawed’’ by ‘‘poor design’’ continues to ship vaccines preserved with Before signing the bill, President and failed to represent ‘‘all the available sci- thimerosal to developing countries—some of Johnson presented his vision for this entific and medical research.’’ CDC officials which are now experiencing a sudden explo- new public communications enterprise, are not interested in an honest search for the sion in autism rates. In China, where the dis- truth, Weldon told me, because ‘‘an associa- stating that the ‘‘time had come to en- ease was virtually unknown prior to the in- list the computer and the satellite, as tion between vaccines and autism would troduction of thimerosal by U.S. drug manu- force them to admit that their policies irrep- facturers in 1999, news reports indicate that well as the television and the radio, arably damaged thousands of children. Who there are now more than 1.8 million and to enlist them in the cause of edu- would want to make that conclusion about autistics. Although reliable numbers are cation.’’ themselves?’’ hard to come by, autistic disorders also ap- Since Congress created this not-for- Under pressure from Congress, parents and pear to be soaring in India, Argentina, Nica- a few of its own panel members, the Institute profit entity, it has become one of the ragua and other developing countries that of Medicine reluctantly convened a second most relied-upon sources of news and are now using thimerosal-laced vaccines. panel to review the findings of the first. In educational programming for all Amer- The World Health Organization continues to February, the new panel, composed of dif- icans, especially for our children. insist thimerosal is safe, but it promises to ferent scientists, criticized the earlier panel keep the possibility that it is linked to neu- Mr. Speaker, as the father of two for its lack of transparency and urged the rological disorders ‘‘under review.’’ small children, I can speak directly to CDC to make its vaccine database available I devoted time to study this issue because the love that our kids have for edu- to the public. So far, though, only two scientists have I believe that this is a moral crisis that must cational programming, such as Sesame managed to gain access. Dr. Mark Geier, be addressed. If, as the evidence suggests, Street, Mr. Rogers’ Neighborhood, Ar- president of the Genetics Center of America, our public-health authorities knowingly al- thur, Clifford the Big Red Dog. They and his son, David, spent a year battling to lowed the pharmaceutical industry to poison have captured the imaginations and obtain the medical records from the CDC. an entire generation of American children, challenged the minds of our children their actions arguably constitute one of the Since August 2002, when members of Con- for decades. In fact, these programs are gress pressured the agency to turn over the biggest scandals in the annals of American medicine. ‘‘The CDC is guilty of incom- also a hit with parents, and often data, the Geiers have completed six studies present the only alternative to inap- that demonstrate a powerful correlation be- petence and gross negligence,’’ says Mark tween thimerosal and neurological damage Blaxill, vice president of Safe Minds, a non- propriate daytime programming that is in children. One study, which compares the profit organization concerned about the role available on network and for-profit tel- cumulative dose of mercury received by chil- of mercury in medicines. ‘‘The damage evision stations. dren born between 1981 and 1985 with those caused by vaccine exposure is massive. It’s The mission of the Public Broad- born between 1990 and 1996, found a ‘‘very bigger than asbestos, bigger than tobacco, casting Act was realized when the Cor- bigger than anything you’ve ever seen.’’ It’s significant relationship’’ between autism and poration for Public Broadcasting, CPB, vaccines. Another study of educational per- hard to calculate the damage to our coun- try—and to the international efforts to created the nonprofit Public Broad- formance found that kids who received high- casting Service in 1969 and the Na- er doses of thimerosal in vaccines were near- eradicate epidemic diseases—if Third World ly three times as likely to be diagnosed with nations come to believe that America’s most tional Public Radio in 1970. American autism and more than three times as likely heralded foreign-aid initiative is poisoning families now had television and radio to suffer from speech disorders and mental their children. It’s not difficult to predict stations they could call their own. retardation. Another soon-to-be-published how this scenario will be interpreted by Much like the Chamber in which we study shows that autism rates are in decline America’s enemies abroad. The scientists stand, the people’s House, these air- following the recent elimination of thimer- and researchers—many of them sincere, even waves and programming supported by osal from most vaccines. idealistic—who are participating in efforts to hide the science on thimerosal claim that the CPB also belong to the individuals As the federal government worked to pre- we have the privilege to represent in vent scientists from studying vaccines, oth- they are trying to advance the lofty goal of ers have stepped in to study the link to au- protecting children in developing nations Congress, and I have heard from hun- tism. In April, reporter Dan Olmsted of UPI from disease pandemics. They are badly mis- dreds of my constituents who have undertook one of the more interesting stud- guided. Their failure to come clean on thi- shared personal stories of the impact of ies himself. Searching for children who had merosal will come back horribly to haunt PBS and NPR on their lives and the not been exposed to mercury in vaccines— our country and the world’s poorest popu- lives of their children. the kind of population that scientists typi- lations. KPCC, for example, in my district is cally use as a ‘‘control’’ in experiments— f just one of the many superb affiliates Olmsted scoured the Amish of Lancaster of NPR around the Nation. My con- County, Penn., who refuse to immunize their ORDER OF BUSINESS infants. Given the national rate of autism, stituents rely on KPCC, as they do on Olmsted calculated that there should be 130 Mr. SCHIFF. Mr. Speaker, I ask public broadcasting generally for news, autistics among the Amish. He found only unanimous consent to take my time informational programming, and edu- four. One had been exposed to high levels of out of order. cational programming for their kids;

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.083 H23JNPT1 H5078 CONGRESSIONAL RECORD — HOUSE June 23, 2005 and I applaud the significant contribu- and independence necessary to ensure This has got to stop, and this is a fair tions they have made and others and that our children and their children bill, and it is intended to stop that. the individual public broadcasting sta- will continue to enjoy quality, inde- Washington had its chance to enforce tions. pendent public broadcasting. the law, and it has failed the Nation. The legislation brought before the f Now it is time we stop putting obsta- House today would have effectively cles in the way of our police, deputies, gutted this fine institution of critical SUPPORTING CLEAR LAW and State patrol helping to get this job funding necessary to accomplish the vi- ENFORCEMENT FOR IMMIGRATION done. sion laid out by President Johnson. The SPEAKER pro tempore. Under a Under the CLEAR Act, local law en- The base bill would have cut a stag- previous order of the House, the gen- forcement is authorized to not only ar- gering $100 million, stripping the Cor- tleman from Georgia (Mr. NORWOOD) is rest illegal aliens but to transport poration for Public Broadcasting of recognized for 5 minutes. them to the nearest Federal detention one-quarter of its funding. Mr. NORWOOD. Mr. Speaker, next centers, including across State lines; Critics maintain that the CPB has week I will introduce legislation that and if DHS does not pick them up im- strayed from its mandate of independ- received wide bipartisan support in the mediately, under CLEAR, the Federal ence and impartiality. In fact, polls last Congress, the Clear Law Enforce- Government pays the tab for that, as show a large majority of Americans ment for Removal of Criminal Illegal appropriate. think that the news and information Aliens Act, better known as CLEAR. CLEAR authorizes new Federal re- programming is more trustworthy, This bill seeks to address a major cri- sources to support local law enforce- more independent than that of network sis in our country: the lack of enforce- ment, including immigration law and cable programming. A majority of ment of our immigration laws. training, 20 new Federal detention cen- The CLEAR Act makes clear that viewers also think PBS is a valuable ters and more if they are needed. State and local law enforcement can educational and cultural resource. A The CLEAR Act makes illegal immi- and should help Federal agencies en- poll commissioned by the board of di- gration a criminal offense, not just a force these laws. civil offense. Repeat offenders will face rectors confirmed that 48 percent of We have no problem asking local law serious jail time, not a free ride back those surveyed believe that funding for enforcement to help enforce Federal to the border. public broadcasting should be in- drug laws. We have no problem asking Mr. Speaker, next week this House creased, not decreased. local agencies to help in Federal man- will have a chance to start getting seri- Mr. Speaker, I, too, am concerned hunts for murderers and terrorists. We ous about fighting our national crisis about the independence of the Corpora- even have no problem with deputy and of illegal immigration. I urge every tion for Public Broadcasting; and police enforcing Federal laws against Member in this House to join us as an today, I reluctantly join with many of cigarette sales to minors. original cosponsor. my colleagues in calling on the Presi- Yet when the issue of immigration f dent to ask for the resignation of enforcement arises, so do the squeals chairman of the Corporation for Public that immigration is a Federal responsi- SMART SECURITY AND THE NEED Broadcasting Kenneth Tomlinson. Mr. bility and should not be pushed off on FOR AN IRAQ PLAN Tomlinson has actively sought to un- the States. They are right. It is a Fed- The SPEAKER pro tempore. Under a dermine, underfund, and ultimately eral responsibility. The problem is that previous order of the House, the gentle- dismantle the very organization he has the Federal Government is not taking woman from California (Ms. WOOLSEY) been appointed to lead. their responsibility very serious. is recognized for 5 minutes. As the leader of CPB, Mr. Tomlinson Mr. Speaker, the catastrophe of ille- Ms. WOOLSEY. Mr. Speaker, it is should be advocating for the continued gal immigration has already been time for Congress to take a good hard vitality of the Corporation for Public pushed off on the States by the Federal look at the role the United States is Broadcasting. Instead, he seems bent Government flatly refusing to do its playing in Iraq and whether it is in our on politicizing its content, under- duty of enforcing the law. Our police national interests to maintain a mili- mining the objectivity of its news anal- and deputies spend billions combating tary presence there. ysis, and turning it into yet another illegal immigrant crime, including or- We need to acknowledge the fact that partisan organ. Mr. Tomlinson has ganized foreign gangs. This could have Iraq’s insurgency is growing in withheld publicly funded polls that been prevented by vigorous Federal en- strength, not diminishing. It is the show strong support for public broad- forcement at the border. very presence of our 150,000-or-so Amer- casting, and more recently, expressed Our local jails are full of criminal il- ican troops in Iraq that unites the his desire to nominate Patricia Har- legal aliens, costing the States billions growing collection of insurgent forces. rison as the new president. per year. This could have been pre- Since our military presence encour- The nomination of Ms. Harrison, a vented by vigorous Federal enforce- ages further fighting, this war will con- former cochair of the Republican Na- ment at the border. tinue as long as the United States tional Committee, further calls into Our local hospital emergency rooms troops remain in Iraq, appearing to be question the impartiality of the Cor- are full of indigent illegal aliens who occupiers of their country. That is why poration for Public Broadcasting and drive up the cost of health care to a Congress must accept that we cannot flies in the face of the mandate of point that hardworking Americans can possibly be successful through military President Johnson that the corpora- basically no longer afford it. This could means alone. tion was to be carefully guarded from have been prevented by vigorous Fed- During consideration of the defense government and party control. Mr. eral enforcement at the border. authorization bill on May 25 for fiscal Tomlinson, regrettably, has not proved Our local schools are filled with chil- year 2006, I offered an amendment urg- to be a good steward of the immense dren of illegal immigrants who pay lit- ing the President to develop a plan for public trust placed in his charge. tle or no local taxes, but drive up prop- the withdrawal of troops from Iraq. Mr. Speaker, on that day in 1967, erty taxes for hardworking American Surprisingly, this is the first time the President Johnson had high hopes for families to cover the skyrocketing House formally debated the possibility the Corporation for Public Broad- costs of bilingual and special edu- of withdrawal from Iraq, and that was casting, and said, ‘‘Today we rededi- cation. This could have been prevented over a 2-year period. While my amend- cate a part of the airwaves, which be- by vigorous Federal enforcement at our ment was defeated, it is clear that Con- long to all the people, and we dedicate borders. gress is starting to get serious about them for the enlightenment of all the Our police routinely find illegals, in- the need to end the war in Iraq. 128 people.’’ cluding those with criminal records. Members, including five Republicans, Today, I am proud we have beaten They call the Federal Government, voted for this important amendment, back this assault on public broad- which does nothing other than force but there is much more work to be casting and taken an important step to our police to release these criminals done. renew our commitment to public back on to our streets. There are about The Iraq war has now raged on for broadcasting and restore the funding 500,000 of them out there. more than 2 years, and we are no closer

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.169 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5079 to winning this conflict than we were military basket and started getting support through USAID. These actions when President Bush declared an end smart about our national security. constitute a clear violation of Gallup’s to major combat operations under an f intellectual property rights and, per- arrogant banner declaring ‘‘Mission haps more importantly, taint the rep- STOP COUNTERFEIT POLLS Accomplished.’’ utation that Gallup has rightfully Despite this lack of progress, the war The SPEAKER pro tempore (Mr. earned during its 70 years of existence. has exacted a deeply troubling human MCCAUL of Texas). Under a previous While it is true that Gallup is a and financial toll. In just over 2 years order of the House, the gentleman from major employer with its headquarters of war, almost 1,800 American soldiers Nebraska (Mr. TERRY) is recognized for in my district, Gallup has been active and an estimated 25,000 innocent Iraqi 5 minutes. across the country during their exist- bystanders have been killed. The Pen- Mr. TERRY. Mr. Speaker, today I ence, providing polling in every Presi- tagon lists the number of Americans want to call attention to the June 25 dential election and several senatorial wounded as over 12,000; but that does Bulgarian and July 3 Albanian par- and congressional elections during that not take into consideration the invis- liamentary elections. Voters in these time period. Gallup might employ a ible wounds many of our soldiers have developing economies deserve the op- number of my constituents, but it is a brought home, the painful mental trau- portunity to exercise the freedoms that strong national company with a solid ma they have contracted from months were unavailable to them for so long. international reputation as well. To and years of fighting, watching their As the world’s greatest democracy, see this reputation tarnished with the friends being killed or wounded by the we should strive to foster the ideals of aid of taxpayer dollars is not only a se- insurgents, and killing and wounding freedom in these developing democ- rious mismanagement of government others themselves, a lot to live with racies. Free and fair elections are the funds but reprehensible conduct as when they finally come home. first essential step in this long and ar- well. duous process. Mr. Speaker, USAID ought to provide b 1800 As a member of the International better oversight of the work conducted When accounting for these psycho- Anti-Piracy Caucus, I am a proud sup- under their name overseas, and I have logical injuries, the number of wounded porter of international intellectual called upon them to provide an expla- jumps to more than 40,000 soldiers. property protection. nation regarding this matter. Addition- Given what is at stake here, do the As Albania and Bulgaria move ally, Congress should do all it can to American people not deserve a plan? through the election process, they help ensure that American companies Do our brave men and women who are should understand that part of the and American intellectual property selflessly sacrificing their time and en- process of becoming free is making rights are protected overseas without ergy, not to mention their arms, legs sure that applicable laws are in force the willful and wanton negligence of and lives for this war, not deserve a both locally and internationally. Fail- American governmental institutions. plan? And it would be helpful for their ure to punish those that disregard laws Mr. Speaker, I hope that my col- families to know what the plan is in will mean that these countries will not leagues will join me in this call for free Iraq. become accepted players on the world and fair elections in Bulgaria and Alba- We have asked the President to ad- stage for some time to come. nia, and support my request to stop the dress Iraq’s lack of security. We have Part of the process for providing free counterfeit polls from being distrib- asked him to come up with a plan for and fair elections is respecting and en- uted. ending the war. He has not; so we will. forcing the intellectual property rights f After we bring the troops home, we of American businesses assisting in do have a plan. There is a plan. It is a these elections. IRAQ SOLUTION LIES WITH plan that would secure America for the Therefore, I call upon the sitting gov- UNITED NATIONS INVOLVEMENT future, the SMART Security resolu- ernments of these two nations, includ- The SPEAKER pro tempore (Mr. tion, which I recently reintroduced ing their justice ministries and central MCHENRY). Under a previous order of with the support of 50 of my House col- election commissions, to condemn the the House, the gentleman from Wash- leagues. SMART is Sensible Multilat- distribution of counterfeit Gallup polls ington (Mr. MCDERMOTT) is recognized eral American Response to Terrorism that are being used to distort the for 5 minutes. for the 21st Century, and it will help democratic process during their par- Mr. MCDERMOTT. Mr. Speaker, I address the threats we face as a Na- liamentary elections. rise today to amplify on the Iraq pro- tion. SMART Security will ensure Promotion of democracy is one of the posal that I made last night in the America’s security by reaching out and core pillars of our national security House. I believe the solution in Iraq engaging the Iraqi people. policy. Bulgaria and Albania are both lies with the United Nations and that Instead of rushing off to war for the important allies in the war on terror. it is time for direct U.N. involvement wrong reasons, SMART Security en- It is essential that the elected leader- to replace U.S. forces and to allow our courages the United States to work ship of these two great nations remain troops to return home safely and in an with other nations to address the most committed to defeating, preserving, orderly way. pressing global problems. Because not and extending freedom and the rule of The evidence is mounting that Amer- every international problem has a mili- law. The citizens of these great coun- ica’s current approach in Iraq will not tary answer, SMART Security will pre- tries have already made substantial work. When was the last time anybody vent terrorism by addressing the very progress in the fight for democracy. It heard the word ‘‘coalition’’ to describe conditions that give rise to terrorism is unfortunate, however, that a small the military activity in Iraq? The in the very first place: poverty, de- segment of society has chosen to act world largely perceives the United spair, resource scarcity and lack of nefariously in an attempt to distort States as going it alone in Iraq. Fur- proper education, as an example. the election process by misuse of the thermore, large portions of the Arab SMART Security also encourages de- Gallup name. world believe in the insurgency rhet- mocracy building, human rights edu- George H. Gallup, the founder of the oric that America is an occupier in cation, conflict resolution through Gallup Poll, felt that providing a voice Iraq for selfish oil reasons and not to nonmilitary means, educational oppor- to all people around the world would serve the needs of the Iraqi people. tunities, and strengthening civil pro- strengthen societies to help ensure ac- Administration claims about the in- grams in the developing world. These countability of elected representatives. surgency do not square with the news are the best ways to encourage democ- Unfortunately, Mr. Gallup’s mission is coming out of Iraq every day or with racy in countries like Iraq, not through being tainted by a group of counter- the sober assessment by America’s best wars that cost thousands of unneces- feiters in both Bulgaria and Albania. military leaders. U.S. and Iraq civilian sary deaths and cost billions of dollars. These organizations are conducting casualties are mounting. That is what The SMART approach is the best way electoral polling under the Gallup Americans see every night on the news. to reach out to Iraq. It is time we name without permission or license, What Americans want is a sober assess- stopped putting all of our eggs in the while all the while receiving American ment of Iraq that reflects reality and

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.171 H23JNPT1 H5080 CONGRESSIONAL RECORD — HOUSE June 23, 2005 for the Congress and the administra- House, I willingly submit my proposal central government with clearly de- tion to work together to come up with to the Republicans to call their own, fined, limited powers. a solution. Americans are sick of the get the President on board, turn it into Our Constitution must be thought of politics. They want a solution that will legislation that we can pass by unani- as a social contract between people and protect U.S. soldiers and make what mous consent. the government. We must think of the they are fighting and dying for, and The best military option for the most important document as a trade what has taken untold numbers of United States in Iraq is to act under where our forefathers gave up certain Iraqi lives, worth the enormous sac- the command and direction of the specific rights in exchange for limited rifice. United Nations. U.N. leadership offers services specified, most notably, for de- We need a new strategy in Iraq. We the best chance for a lasting peace and fense of the people and the Nation. need a new plan. This one is not work- the fastest orderly way for American b 1815 ing. The more the administration de- troops to return home. nies it, the more time we waste and the Mr. Speaker, please put politics aside When we refer to federalism, we refer more lives we lose because we do not do and let us act together. Yesterday, 82 to only powers specifically listed in the what we need to do. We do not need members of the Iraq parliament sub- Constitution are to be administered by permanent bases in Iraq. Every day mitted a letter to their speakers saying the Federal Government. All others are that goes by with the current war sce- get the troops out of Baghdad. We to be left to the States, local govern- nario, this country loses credibility ought to be working with them and ment, or to the people themselves. around the world. make it happen, but it will take both James Madison wrote this in Federal Every concrete block that we lay is Republicans and Democrats to do it. paper No. 45: The powers delegated to the Federal Government are few and sowing seeds of mistrust, anger, and re- f sentment that will affect us for genera- defined, he said. The powers reserved to tions. Consider that we are still dealing THE NEED FOR THE RETURN OF the several States will extend to all the with Vietnam 30 years later trying to FEDERALISM objects which, in the ordinary course of establish relationships with them. It is The SPEAKER pro tempore. Under a affairs, concern the lives, liberties and time to involve the rest of the world in previous order of the House, the gen- properties of the people, and the inter- Iraq and stop anyone from calling this tleman from New Jersey (Mr. GARRETT) nal order, improvement and prosperity is the U.S.-Iraq war. Only the United is recognized for 5 minutes. of the State. Nations has the international impri- Mr. GARRETT of New Jersey. Mr. Of course, we know we have gone matur to lead an international coali- Speaker, the 10th amendment states: much further than this now. Through- tion in Iraq. Only the United Nations ‘‘The powers not delegated to the out the last few generations especially, can credibly install a peace-enforcing United States by the Constitution, nor the intent of the 10th amendment of a force in Iraq that is seen as such by the prohibited to it by the States, are re- limited government has been shredding entire world. served to the States respectively, or to away. Over the years in many areas, We did a similar thing under UNTAC the people.’’ national crises and otherwise, many of in Cambodia. We have done it before. I These historic words, penned by our the government’s powers have grown have never supported this war, but I Founding Fathers, some of the most in- on the Federal level, particularly in so- would gratefully support a Republican genious political minds the world has cial service areas, through a central- resolution to get the U.N. into Iraq. ever known, set forth an important ized Federal Government. This would be a positive development principle: the Federal Government may Limited government was a gift to the to safeguard U.S. ground forces and exercise specific powers that are listed American people. More accurately, it send a positive signal to a skeptical in the Constitution, and the States and was got by blood, sweat, and tears that Arab world that America’s intentions the people may exercise all remaining were shed by our forefathers who are not what the insurgents claim powers. sought to break away from their moth- them to be. Unfortunately, as the authors of the er country, Great Britain, and also by We need a bold stroke in Iraq if we Constitution have long since passed, so subsequent generations who worked for are to succeed in stopping the loss of too have many of their ideals for our this great experiment of personal lib- lives and spread of terror. We cannot system of government, from an ever- erty. just fight insurgents in the streets day expanding Federal Government that There are those who support a big by day if there is any hope of peace in for decades has crept into many facets government, who have no faith in the Iraq. The world has to believe we are of once locally controlled areas, to a people whatsoever to care for them- only there to benefit Iraq. As long as Federal judiciary that in many in- selves, who feel a few should provide the war is called and perceived as the stances completely ignores the intent for the many. They believe that high U.S.-Iraq war, the insurgents have new of federalism, all resulting in a Federal taxes and high spending is the most ef- ammunition to recruit, terrorize, Government that has become wildly in- ficient way to provide services. Of maim, and kill. efficient and a hemorrhaging bureauc- course, we know that history proves We have an opportunity to work to- racy. them not true. Those who support a big gether as Americans, not Democrats In an effort to draw attention to this government might contend that those and Republicans, but to create a plan nationally destructive trend, I have re- like myself are really antigovernment, that creates a new role for the U.S. in cently founded the Congressional but that is not true as well. Our Fed- Iraq, contributing to the U.N. peace-en- States and Community Rights Caucus, eral Government serves an important forcing force. We have an opportunity which will be a forum to work to en- purpose, but our Nation is better off to safeguard American lives we are re- sure that the Federal Government is when that purpose is limited. placing, not withdrawing U.S. soldiers operating under the intent of the 10th Mr. Speaker, those who support fed- from Iraq. amendment of our Bill of Rights. I look eralism as I do, those who strictly ad- Today, too many military experts in forward to working with my like-mind- here to the 10th amendment, know that our country quietly say that the Iraq ed colleagues who share the sentiment a large, burdensome, bureaucratic gov- war could go on for the indefinite fu- that the Federal Government has ernment is not the most efficient way ture. David Hackworth, the most deco- taken authority over too many areas to get the services to the American rated Vietnam veteran, said we are from State governments and are oper- people. You see, State taxpayers and going to be there 30 years. We cannot ating them in an inefficient manner. Federal taxpayers are not two separate afford the price in dollars, and more This is not a new concept. It goes groups of people but they are individ- importantly, in loss or shattered lives back over some last 10 years and even uals who are taxed twice. for our soldiers. back further than that. Our Founders Think about that for a moment. The way to win the war in Iraq is to were very clear when establishing our Americans from all around the country allow the world, not the United States, system of government. They intended send their money to Washington only to lead the war in Iraq. Since the Re- to set up a Republic of sovereign States for Washington to lose some of it, publicans are the majority party in the capable of self-governing with a small waste some it, and spend some of it on

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.174 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5081 areas and ways that you and I might that the words he used were too strong couple of months, deal with funda- not agree with. In fact, you have tax- and who has apologized to those whom mental questions about the value of payers from one State who are sub- he may have offended. The issue raised human life and the meaning of human sidizing services for taxpayers in an- by the Senator was timely, on target, dignity. Every poll conducted on the other State. For instance, in my State and central to our Nation’s best inter- subject of human embryo cloning for of New Jersey, I know that for every ests, despite the fact that his specific research indicates that 70 to 80 percent dollar that we send to Washington, we words failed to properly frame his mes- of the American people oppose human only receive back 54 cents from the sage. embryo cloning for research purposes. Federal Government. That does not It is imperative that we remain fo- Cloning advocates know that the make sense to me and I know that is cused on the issue that the Senator American public is adamantly opposed not fair. called to our attention and not allow to their goals, so they have crafted new Our recent leaders have tried to right ourselves to be dissuaded, deterred, or speech in an attempt to deliberately this position of our Federal Govern- discouraged from pursuing a thorough mislead Members of Congress, the ment back to where our Founding Fa- public inquiry into prisoner abuse in media, grassroots advocates and the thers had it. In his first inaugural ad- much the same manner as the commis- American public. dress in 1981, President Reagan said, sion we created to examine September One of the leading patient advocacy ‘‘It is my intention to curb the size and 11. groups for human cloning research is influence of the Federal establishment Do some of the policies of our govern- the Juvenile Diabetes Research Foun- and to demand recognition of the dis- ment endanger our troops by dispar- dation, and they have been sanitizing tinction between the powers granted to aging the image of America? Are our the language and playing semantic the Federal Government and those re- own troops endangered by our strained games with a willing media and an un- served to the States or to the people. and unique interpretation of the Gene- aware American public. All of us need to be reminded that the va Conventions? Has our approach to Let me give you a few examples. Last Federal Government did not create the human intelligence distorted and lim- year when representatives of the JDRF States; the States created the Federal ited our ability to understand and re- stopped by my office, they shared with Government.’’ spond to the insurgency in Iraq and the my staff that they endorsed stem cell In light of the looming fiscal crisis of terrorist threat in general? Do the inci- research involving somatic cell nuclear our Federal budget and the domestic dents of abuse flow from decisions transfer. When my staff replied that so- programs that are simply not reaching taken at the highest levels with regard matic cell nuclear transfer, or SCNT, their intended goals, I believe it is im- to the conduct of American intel- was the cloning of human embryos, the perative to highlight the need to re- ligence? JDRF advocates in my office responded turn to a system intended under the re- These are urgent and critical ques- that they had been told by those train- serve clause of the Constitution. I in- tions that cannot be answered ade- ing them for their Hill visit that SCNT vite and encourage my colleagues to quately in the inquiries launched to did not create a human embryo because join the caucus and help us return con- date. We owe a great debt to those who sperm was not used. Indeed, the lit- trol to those who know what is best, to have spoken out, calling for an inde- erature in their own hands stated the the people. All of our constituents de- pendent commission, sometimes at following: ‘‘When scientists use SCNT serve the most efficient and effective great personal cost. I thank them for to create stem cells, no sperm is used government, a government in accord their leadership. and the resulting cell has no chance of with our Constitution. We owe a great debt to Senator RICH- developing into a human being because f ARD DURBIN for helping cause Ameri- it is never placed in a uterus. This is a cans to look seriously at this issue of fundamentally different procedure PRISONER ABUSE from reproductive cloning, as was used INVESTIGATIONS prisoner abuse by our intelligence agencies and our military. I thank the by scientists in 1996 to create Dolly the The SPEAKER pro tempore (Mr. Senator. sheep.’’ MCHENRY). Under a previous order of This statement is misleading on sev- the House, the gentleman from Illinois f eral counts. JDRF is flat-out wrong (Mr. DAVIS) is recognized for 5 minutes. The SPEAKER pro tempore. Under a when they state that SCNT is a ‘‘fun- Mr. DAVIS of Illinois. Mr. Speaker, previous order of the House, the gen- damentally different procedure from the call for an independent commission tleman from Nebraska (Mr. OSBORNE) is reproductive cloning, as was used by to review accusations of abuse of pris- recognized for 5 minutes. scientists in 1996 to create Dolly the oners at Guantanamo Bay, Cuba and (Mr. OSBORNE addressed the House. sheep.’’ Dr. Ian Wilmut, Dolly’s own other places continues to grow. This is His remarks will appear hereafter in creator, does not agree with the JDRF not a partisan issue. Members from the Extensions of Remarks.) statement. Dr. Wilmut stated clearly both sides of the aisle, citizens who f in a peer-reviewed article, ‘‘the unique consider themselves progressives and EXCHANGE OF SPECIAL ORDER feature of Dolly was that she was the citizens who consider themselves con- TIME first mammal to be cloned from an servatives, have joined the call for such adult somatic body cell.’’ Then he goes a commission. Opinion polls reflect the Mr. WELDON of Florida. Mr. Speak- on to say, ‘‘The success of somatic cell American people’s deep concern about er, I ask unanimous consent to use the nuclear transfer was used in creating prisoner abuse. The security of our Na- time of the gentleman from Nebraska Dolly.’’ tion is profoundly impacted by our rep- (Mr. OSBORNE). Cloning supporter and then-NIH Di- utation, by how we are viewed by the The SPEAKER pro tempore. Is there rector Harold Varmus testified in 1998 rest of the world. objection to the request of the gen- stating, ‘‘in the Dolly experiment, a Our response to terrorism is based on tleman from Florida? lamb was produced using the tech- contrasting our values to theirs. We There was no objection. nology of somatic cell nuclear trans- are conducting an ideological war in f fer.’’ parallel with police and military oper- JDRF implies that sperm is nec- ations. The outcome of both the ideo- SOMATIC CELL NUCLEAR essary to develop an embryo capable of logical struggle and the armed struggle TRANSFER IS HUMAN CLONING growing into a human. This notion is hinge to a significant extent on this The SPEAKER pro tempore. Under a completely inaccurate, as hundreds of great test of values. previous order of the House, the gen- animals have been created through Therefore, Mr. Speaker, it is great tleman from Florida (Mr. WELDON) is SCNT using no sperm. Was Dolly not a shame that attention has been diverted recognized for 5 minutes. sheep because sperm was not involved? in recent days from the fundamental Mr. WELDON of Florida. Mr. Speak- JDRF characterizes the resulting prod- issues to the words used by one Sen- er, the bioethical issues that we have uct of SCNT as merely a cell with no ator, a Senator whom I much admire been debating for the past several chance of developing into a ‘‘human.’’ and greatly respect, who has admitted years, and particularly over the last But President Clinton’s own Bioethics

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.176 H23JNPT1 H5082 CONGRESSIONAL RECORD — HOUSE June 23, 2005 Advisory Commission disagrees with nity services block grants, training calls, many letters from seniors look- this statement. In 1997 his commission programs for health professionals, the ing to find ways to stay in their homes stated, ‘‘the commission began its dis- health communities access program, a and pay their bills. How many seniors cussions fully recognizing that any ef- program which helps serve the unin- do the Members know who are strug- fort in humans to transfer a somatic sured; as well as children’s health gling financially because they do not cell nucleus into an enucleated egg in- block grants and freezing after-school have a steady income stream coming volves the creation of an embryo, with centers, I say to them, on behalf of the in, but are sitting on a valuable asset the apparent potential to be implanted American people, four out of five of that is not working for them, an asset in utero and developed to term.’’ whom do not support the Republican that they cannot cash in: the home Many of the JDRF advocates that leadership, shame, shame, shame. that they want to stay in for their re- have visited Members of Congress are We are also spending $1 billion a tirement? not to be faulted for this misinforma- week in Iraq. That is $4 billion a Last week, Mr. Speaker, I introduced tion. They are simply sharing with you month. Yet this administration has ze- H.R. 2892. This legislation is bipartisan what those running JDRF’s Hill advo- roed out funding for Amtrak. and is endorsed by AARP. It will elimi- cacy program have told them. In fact, b 1830 nate the volume cap on the Depart- the patients and families selected to ment of Housing and Urban Develop- Just 1 week of investment in Iraq participate in the 2005 JDRF Children’s ment’s Home Equity Conversion Mort- would significantly improve passenger Congress in Washington were required gage, commonly referred to as the rail for the entire country for an entire to assign a loyalty oath agreeing to FHA-insured reverse mortgage pro- year. I just want someone to explain to support the JDRF position on these gram. A reverse mortgage is a unique the American public why investing in issues. The loyalty oath found on that loan that enables senior homeowners transportation in Iraq is so much more application, which I have blown up, and to remain in their homes and be finan- important than investing in passenger I have next to me right here states, ‘‘If cially independent by converting part rail right here in the United States of there is a discussion of such controver- of the equity in their homes into tax- America. sial topics as embryonic stem cell re- free income without having to sell the Today right here in America we have search, I will either embrace the JDRF home, does not require them to give up 50 million people without health insur- legislative position on such topics or title, or to take on new mortgage pay- ance. We have the highest trade deficit will not work against the JDRF posi- ments. The funds from a reverse mort- in the history of this country, and we tion.’’ gage can be used for needs that every have a $477 billion Federal deficit. We This statement clearly calls for ap- senior faces like health care costs, pre- have a $375 billion shortfall in trans- plicants to be willing to embrace ethi- scription drug costs, in-home care, pre- portation funding, and we still do not cally questionable research or be will- vention of foreclosure, paying off exist- know what happened to the weapons of ing to muzzle their personal and moral ing debts, home repairs, modification, mass destruction. convictions. Let us have an honest de- or simple daily living expenses. bate on embryonic stem cell research I close by posing this question: Is bankrupting this great country the top Reverse mortgages are aptly named and let us have an honest debate on because the payment stream is re- human cloning and what it is. It is so- priority of this administration? I must repeat that. Is bankrupting this great versed. Instead of making monthly matic cell nuclear transfer. payments to the lender, as with a reg- f country the top priority of this admin- istration? They are certainly big on ular mortgage, the lender makes pay- CONGRESS OUT OF TOUCH WITH bankrupting Amtrak and doing away ments to the senior homeowner. This AMERICAN PEOPLE with passenger trains. I stand here to unique loan enables senior homeowners The SPEAKER pro tempore. Under a question the priorities of the House who are house rich but cash poor to previous order of the House, the gentle- leadership, the priorities of the other convert part of their equity in their homes into tax-free income and allow woman from Florida (Ms. CORRINE body, and definitely to question those the homeowner great flexibility in BROWN) is recognized for 5 minutes. of the policymakers or the bean Ms. CORRINE BROWN of Florida. counters over in the White House. choosing how to receive the money. Mr. Speaker, to see just how out of Like 81 percent of the American pub- They can opt to receive a lump sum, touch the Republican Congress is with lic, I am growing tired and weary of fixed monthly payments, a line of cred- the American people, look no further the Republican majority and the prior- it, or a combination of the three. No than the recent CBS poll taken just ities of this administration. I call on monthly payments are required during last week. In the poll, it clearly says my colleagues to change directions, to the term of the loan, and it is paid that 81 percent of the American public give up privatizing Social Security, to back only when the resident sells the believes that Congress does not share give up selling out our health care sys- home, passes away, or has permanently their priorities. This, Mr. Speaker, is tem to the pharmaceuticals, and to lis- moved out of the home. just how out of touch the Republican ten to the American public and get in A key part of the reverse mortgage leadership is with the American people. tune with their real needs. program is mandatory counseling. To make sure that no one rushes into a They just do not get it. And today’s de- f bate is just one more example of that. mortgage that they are unprepared for, Cutting public broadcasting. I cannot URGING SUPPORT FOR H.R. 2892, the program requires mandatory coun- tell you how many dozens and dozens REVERSE MORTGAGES TO HELP seling prior to applying for a reverse of my constituents have been calling AMERICA’S SENIORS ACT mortgage to ensure that the home- me on this issue telling me and my The SPEAKER pro tempore (Mr. owner has a plan to use the payments staff emphatically that they absolutely MCHENRY). Under a previous order of in a responsible and beneficial manner. do not want to see any cuts in public the House, the gentleman from Penn- The reverse mortgage program has radio and TV broadcasting. But their sylvania (Mr. FITZPATRICK) is recog- been successful and popular with senior wishes, their calls, their complaints, nized for 5 minutes. homeowners, so much so that the rapid their desires, their priorities are fall- Mr. FITZPATRICK of Pennsylvania. growth in these mortgages created a ing on deaf ears. Mr. Speaker, as we continue to discuss near crisis this April when concerns In reality, the Labor-HHS bill that the best ways to strengthen retirement arose that the cap was going to be was on the floor today and will be back security for our Nation’s seniors, I reached, leading to a suspension of the tomorrow shows once again how the have looked into numerous programs program. Republican Party’s outright irrespon- to lessen the burden that our seniors While the cap was raised from sible tax cuts for the rich have ex- face in rising health care costs, trans- $150,000 to $250,000 in the 2005 emer- hausted the budget. So when they say portation, and homeownership. gency supplemental appropriation bill, we have to cut money for things like As a long-time Bucks County Com- this is just a temporary solution. job training, assistance for the unem- missioner and now as a Member of Con- AARP stated that the only complete ployed, No Child Left Behind, commu- gress, I have received many phone removal of the volume cap, which is

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.179 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5083 my bill, H.R. 2892, will prevent the pos- ‘‘Fig’’ Newton, who came to give us a workers came out in support of keeping sibility of future program disruptions site visit on this particular issue. their jobs. I am confident that with the that will be detrimental to seniors. And I am pleased to now engage in a work that we will do that we will be The importance of sustaining the colloquy with the gentleman from Ohio able to establish in this BRAC hearing FHA reverse mortgage program was (Mr. KUCINICH). on Monday in the city of Buffalo that further emphasized to me this past Mr. Speaker, I yield to the gentleman the city of Cleveland deserves to hold Monday while I was visiting in my dis- from Ohio. on to this facility and that the 1,200 trict in Pennsylvania with several sen- Mr. KUCINICH. Mr. Speaker, I thank people along with the 1,000 people in ior homeowners who recently obtained the gentlewoman for yielding to me county jobs who facilitate these serv- reverse mortgages. and want to say what a pleasure and ices will be able to stay on. Their stories are the same. They honor it is to work with her and with I yield to the gentleman. have worked their whole lives to obtain the gentleman from Ohio (Mr. Mr. KUCINICH. Mr. Speaker, again, I this home and to pay for the home. LATOURETTE) as well in our effort to want to thank the gentlewoman from They have raised their children in the save over 1,000 jobs at the Defense Fi- Ohio (Mrs. JONES) for the tremendous home. They have retired into their nance and Accounting Service in Cleve- leadership that she has shown in ral- homes, and they live on Social Secu- land, Ohio. lying the community. She really has rity income with basically no remain- This is a center which is important performed a powerful service, as well ing savings. They have converted the for the entire Nation because this is a as the work of the gentleman from equity in their home so that they can center which processes payroll for a Ohio (Mr. LATOURETTE), in building the repair their homes, they can increase total of 5.7 million Department of De- case. their standard of living, and they can fense employees, military, civilian, and Keep in mind the BRAC Commission live out their senior years with dignity retired, including 2 million Armed has the authority to change the De- in their own home. Forces members, Navy Active Reserve, partment’s recommendations if it de- Mr. Speaker, I think every Member Air Force Reserve and Guard, and termines that the Secretary deviated of Congress can agree that seniors Army Reserve; 2.4 million military re- substantially from the force structure must have the option to stay in their tirees and annuitants. They also do and/or selection criteria, and I believe homes as long as they wish. Lifelong work for the Department of Energy and that the Department of Defense has homeownership is the American the Office of Health and Human Serv- clearly deviated from the selection cri- Dream. My legislation, H.R. 2892, would ices and for various armed service teria in two areas: the Secretary is re- provide relief for those seniors faced headquarters’ elements. quired to consider, among several with losing their homes. As we cele- I want to say that this center has things, the military value and the eco- brate National Homeownership Month, been recognized and acknowledged nomic impact on existing communities it is fitting that Congress enact legisla- across this country for the tremendous in the vicinity of the military installa- tion that will allow existing home- work which the people there do. They tions, and the Department of Defense owners to remain homeowners. do the best accounting work; and now, has erroneously ranked the military Today I call on all of my colleagues despite the fact that they have been value for DFAS Cleveland low and on both sides of the aisle to join me in doing great work for decades, they are states that a .01 percent within the this vital effort and to co-sponsor H.R. finding that the rug is being pulled out Cleveland metropolitan statistical area 2892. from them by a BRAC that does not has minimal economic impact. even save any money. We look forward to taking our case f Mrs. JONES of Ohio. Absolutely, Mr. to Buffalo. The SPEAKER pro tempore. Under a Speaker. And, reclaiming my time, the f previous order of the House, the gentle- interesting thing about this BRAC fa- woman from Indiana (Ms. CARSON) is cility in the city of Cleveland, it has GEAR UP FACTS recognized for 5 minutes. developed a system for garnishment, The SPEAKER pro tempore. Under a (Ms. CARSON addressed the House. which is one of the ways in which we previous order of the House, the gen- Her remarks will appear hereafter in are able to collect child support for tleman from Indiana (Mr. SOUDER) is the Extensions of Remarks.) young people across this country. They recognized for 5 minutes. f have developed a system for retired an- Mr. SOUDER. Mr. Speaker, pretty nuitant pay that is one of the finest much everybody tonight has been upset DFAS BRAC COMMISSIONER VISIT systems in the country. It just seems about something, and often when I The SPEAKER pro tempore. Under a to me that they could not be consid- come to the floor, I am too. But I want- previous order of the House, the gentle- ering the economic situation in the ed to share some good news, actually woman from Ohio (Mrs. JONES) is rec- city of Cleveland in deciding to take some good news inside the Labor-HHS ognized for 5 minutes. this BRAC on. appropriations bill, which is very tight Mrs. JONES of Ohio. Mr. Speaker, I I yield to the gentleman from Ohio to in funding, and it involves the GEAR rise in support of a wonderful facility, talk about that. UP program, which I believe is a very the DFAS center in Cleveland, the De- Mr. KUCINICH. Mr. Speaker, the gen- important program, and, in fact, the fense Finance and Accounting Services tlewoman is correct. Unfortunately, in President has proposed to zero it out Center in the city of Cleveland, origi- the city whose responsibilities we and the Committee on Appropriations nally founded in 1942 as the Navy Bu- share as Members of the Congress to had put $306 million, the same funding reau of Supplies and Accounts. It was represent the people here in the Fed- as fiscal year 2005, in this. renamed in 1955, and then DFAS was eral Government, our city has had one It is a program that, from the first created in 1991, established six field of the highest poverty rates in Amer- time we funded it in 1999, had only $120 sites in 1995, a reorganization in 2000, ica, and one of the criteria which must million in it after we finally got it ap- and unfortunately this year DFAS in be taken into account during a BRAC propriated; and now it is up to $306 mil- Cleveland has become a victim of a are the economic conditions within the lion in spite of a very tight budget. BRAC reorganization. community. And it is clear that the I would like to give just a brief his- I am pleased to stand here today with economic conditions in the city of tory of this program. The gentleman the gentleman from Ohio (Mr. Cleveland were not taken into account, from Philadelphia, Pennsylvania (Mr. KUCINICH) from the Tenth Congres- and that is one of the bases of the ap- FATTAH), when I was first elected in sional District from Ohio, and we were peal that we are making to the BRAC the class of 1994, came to me with this joined earlier today by the gentleman Commission in Buffalo on Monday. proposal of how to reach minority and from Ohio (Mr. LATOURETTE) from the Mrs. JONES of Ohio. Mr. Speaker, re- low-income kids and give them some 14th Congressional District. And in claiming my time, it is very inter- hope that someday they might be able that process, we had an opportunity to esting that today we had an oppor- to get student loans and someday meet with the BRAC Commissioner. He tunity to have a rally with the DFAS might be able to get scholarships and was a wonderful general by the name of workers and more than 1,000 of these aid, because it is one thing for a middle

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.181 H23JNPT1 H5084 CONGRESSIONAL RECORD — HOUSE June 23, 2005 class or upper class suburban family But, secondly, it showed that you can The bill waives all privacy rights for where somewhere between prenatal do things in a bipartisan way. What I seniors on Medicare and Medicaid. care and child care the parents are al- saw in the President’s eyes was a com- That is, the Secretary of Health and ready getting their college catalogues mitment to these kids. What we have Human Services is, notwithstanding out and trying to encourage them to go seen is the dangers of a lot of these any other provision of law, able to dis- to college versus many families where programs, is when the Presidency close their personal information to pri- they have never had anybody go to col- changes the program gets abandoned. vate insurance companies who sup- lege, where they do not really feel Mr. Speaker, we have continued and posedly will not share it with anybody there is going to be a chance. expanded this program, even under a beyond their company. It is bad enough And sometimes in Head Start and el- Republican administration, in a bipar- it is going to a bunch of private insur- ementary school, when we go visit, we tisan way. At a time when we are di- ance companies, but we know, with the see the bright hopes in these kids’ eyes vided on so many different issues, to be interconnectedness of these companies and they want to be this and they want able to take an education program that and problems with data retention, that to be that, but somewhere around jun- is targeted for low-income kids across these seniors are likely to have their ior high they start to lose these hopes. this country and continue to fund this data widely shared; in addition to That is why the gentleman from Penn- is a tremendous credit, first to the gen- which, that means these seniors will be sylvania (Mr. FATTAH) originally called tleman from Pennsylvania (Mr. solicited over the phone by mail, ag- this program High Hopes, because at FATTAH) and his committed leadership, gressively, by private prescription drug eighth grade we now have a program to the gentleman from Ohio (Chairman plans, insurance companies, obviously that moves on through the high school REGULA) in continuing to fund this, trying to sell them something they years and the bulk of these dollars, and it is a credit to this House that we probably will not really understand. half of it, go roughly to scholarships at least have this program in place, Now, some people on that side will and half of it to help go into the supplemented with TRIO programs and say, well, how else are we going to schools to provide financial advice, to other things, where we can tell young market this plan? You do it the way we provide support, to basically tell these people in America that we can help do the Federal Employees Health Ben- kids that if they keep a 2.0 grade aver- provide some assistance to them and efit Plan. The government compiles all age, and depending upon the State’s that, indeed, while you may not get ex- the data, you send it to all the eligible program in Indiana where they have actly equal chances to everybody else, people, and then you, the consumer, some other supplemental things, that we are going to give you an oppor- have a choice. They look at the ones they will guarantee them to get into a tunity in America, and we are going to they are interested in, they have a 1– State university with financial aid, give at least some assistance so you 800 number, a Web site, they contact that they will be eligible for scholar- too can have some hope in this coun- them. We do not give the personal in- ship aid but will be guaranteed finan- try. formation about every Federal em- And if we are going to compete cial aid, that they will be worked ployee or Member of Congress to pri- worldwide, as Thomas Friedman in his through with this financial aid, that vate insurance companies to solicit us; great book says about the flattening of they will continue to receive some sup- why should we do that to every senior the earth, we have to have everybody port. in America? They will be outraged. in this country understand that if we Mr. Speaker, it is a simple amend- And I believe that this program was are going to compete, we have to suc- ment. It just says that this will not go a very critical program that, as we ceed. So it is important that we have into effect, and then the Secretary of first moved it through committee, it some programs to supplement the fam- Health and Human Services can work was clear that we were very close in ily support system and the lack of out a much better plan for marketing the votes. And with the gentleman some of the educational history in this program that does not violate the from Michigan (Mr. UPTON) and then these high-risk families. Because they sanctity, the privacy of all, every one Congressman McIntosh and me, it too have to get up to much higher com- of America’s seniors. That would be an wound up to be a tie vote, and Joe petitive standards, and we have not outrage, and they will notice. Scarborough, who is now on TV, cast been able to do this, and the GEAR UP f the deciding vote, which caused quite a program is one small step in that direc- bit of uproar on our side, but we got it tion. PAYING TRIBUTE TO DICK HOYT, authorized. Then it moved through the Mr. Speaker, I want to thank the THE STRONGEST DAD IN THE appropriations process where we con- subcommittee and the full committee WORLD tinued to move that, and by that time and the United States Senate for con- The SPEAKER pro tempore. Under a President Clinton adopted the program tinuing to fund the GEAR UP program. previous order of the House, the gen- and changed the name to GEAR UP and f tleman from Tennessee (Mr. DUNCAN) is helped push this program. recognized for 5 minutes. LABOR–HHS BILL VIOLATES b 1845 Mr. DUNCAN. Mr. Speaker, I rise to- SENIORS’ PRIVACY night to pay tribute to a man who is In fact, one of my more difficult mo- The SPEAKER pro tempore (Mr. not from my districts or even from my ments was when we went to the signing MCHENRY). Under a previous order of State, but who certainly must be one ceremony, and then Congressman the House, the gentleman from Oregon of the most wonderful men of whom I Lindsey Graham and I went to the (Mr. DEFAZIO) is recognized for 5 min- have ever read. The story of Dick Hoyt ceremony, and our goal was particu- utes. of Holland, Massachusetts is one of the larly not to be in the picture with Mr. DEFAZIO. Mr. Speaker, when the most amazing, inspiring stories I have President Clinton. As a conservative House passed the so-called Medicare ever read. Republican, it could have been the Modernization Act, the purported pre- Rick Reilly, a columnist for Sports death of me politically. But we went to scription drug benefit for seniors in the Illustrated, wrote about Mr. Hoyt in a the White House, and when I left I dark of the night, after holding the column published in that magazine the made it through without a picture, and vote open for 3 hours by a small mar- week before last. Mr. Reilly described when I turned around, there was the gin, a lot of Members did not know it as a love story that began 43 years gentleman from Pennsylvania (Mr. fully what was in the bill. We know we ago when Mr. Hoyt’s son Rick ‘‘was FATTAH) and he said, somebody wants were lied to about the cost and that it strangled by the umbilical cord during to talk to you, and the whole press was withheld from the Congress. There birth, leaving him brain damaged and corps was there, and there is President were a lot of other provisions people unable to control his limbs.’’ Clinton. He starts talking to me about did not realize were in there. The Hoyts were told Rick would be a this program and thanking me for my But there is one that we still have a vegetable for the rest of his life and help, with the gentleman from Penn- chance to correct tomorrow with an that they should put him in an institu- sylvania (Mr. FATTAH) on this program. amendment I am going to offer. Sen- tion. They refused. The bottom line was, I thought my ca- iors are going to be outraged if my When Rick was 11, they took him to reer was going to be over. amendment is not accepted. engineers at Tufts University to ask

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.184 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5085 them if there was some way to allow a wheelchair but also towed him 2.4 miles in And Dick got something else out of all this him to communicate. They were told, a dinghy while swimming and pedaled him too. Two years ago he had a mild heart at- no way, nothing was going on in Rick’s 112 miles in a seat on the handlebars—all in tack during a race. Doctors found that one of brain. the same day. his arteries was 95% clogged. ‘‘If you hadn’t Dick’s also pulled him cross-country ski- been in such great shape,’’ one doctor told ‘‘Tell him a joke,’’ Mr. Hoyt said. ing, taken him on his back mountain climb- him, ‘‘you probably would’ve died 15 years ‘‘They did. Rick laughed.’’ They had ing and once hauled him across the U.S. on ago.’’ noticed the way Rick’s eyes followed a bike. Makes taking your son bowling look So, in a way, Dick and Rick saved each them around the room. There was a lot a little lame, right? other’s life. going on in Rick’s brain. And what has Rick done for his father? Not Rick, who has his own apartment (he gets The engineers rigged up a computer much—except save his life. home care) and works in Boston, and Dick, This love story began in Winchester, Mass., retired from the military and living in Hol- that Rick could peck letters on by hit- 43 years ago, when Rick was strangled by the ting it with a stick attached to the side land, Mass., always find ways to be together. umbilical cord during birth, leaving him They give speeches around the country and of his head. His first words were, ‘‘Go brain-damaged and unable to control his compete in some backbreaking race every Bruins!’’ limbs. weekend, including this Father’s Day. ‘‘He’ll be a vegetable the rest of his life;’’ After a high school classmate of That night, Rick will buy his dad dinner, Dick says doctors told him and his wife, Rick’s was paralyzed in an accident, but the thing he really wants to give him is Judy, when Rick was nine months old. ‘‘Put and a charity run was organized, Rick a gift he can never buy. him in an institution.’’ ‘‘The thing I’d most like,’’ Rick types, ‘‘is pecked out the words, ‘‘Dad, I want to But the Hoyts weren’t buying it. They no- that my dad sit in the chair and I push him do that.’’ ticed the way Rick’s eyes followed them once.’’ Mr. Hoyt, who called himself a pork- around the room. When Rick was 11 they er, pushed Rick in that race, and Rick took him to the engineering department at f Tufts University and asked if there was any- typed out ‘‘Dad, when we were running, STILL NO ENERGY POLICY it felt like I was not disabled any- thing to help the boy communicate. ‘‘No more.’’ way,’’ Dick says he was told. ‘‘There’s noth- The SPEAKER pro tempore. Under a ing going on in his brain.’’ Now, here comes the amazing part. previous order of the House, the gen- ‘‘Tell him a joke,’’ Dick countered. They tleman from Pennsylvania (Mr. PETER- Since that first race, Dick Hoyt has did. Rick laughed. Turns out a lot was going SON) is recognized for 5 minutes. pushed Rick in 85 marathons, 26.2 miles on in his brain. each. Twenty-four times they have run Rigged up with a computer that allowed Mr. PETERSON of Pennsylvania. Mr. in the Boston Marathon. him to control the cursor by touching a Speaker, I rise tonight to talk, sadly, Listen to Rick Reilly’s column: switch with the side of his head, Rick was fi- about the fact that America once again ‘‘Their best time, 2 hours 40, minutes nally able to communicate. First words? ‘‘Go is completing another month, another Bruins!’’ And after a high school classmate halfway through another year, with no in 1992; only 35 minutes off the world was paralyzed in an accident and the school record which, in case you don’t keep energy policy. organized a charity run for him, Rick pecked Is it important that we have an en- track of these things, happens to be out, ‘‘Dad, I want to do that.’’ held by a guy who was not pushing an- Yeah, right. How was Dick, a self-described ergy policy? Should we have an energy other man in a wheelchair at the ‘‘porker’’ who never ran more than a mile at policy? Well, I happen to think we time.’’ a time, going to push his son five miles? should. With oil approaching $60 a bar- Now Dick Hoyt is 65, his son is 43. Still, he tried. ‘‘Then it was me who was rel and natural gas at $7.50 today, that handicapped,’’ Dick says. ‘‘I was sore for two They have done 212 triathlons, includ- is the highest fuel prices this country weeks.’’ has faced, ever. ing four grueling, 15-hour Ironmans in That day changed Rick’s life. ‘‘Dad,’’ he Hawaii, 8 triathlons altogether where typed, ‘‘when we were running, it felt like I Gasoline, we hear a lot about. In the the father not only pushed his son 26.2 wasn’t disabled anymore!’’ last 20 years, gasoline prices have in- miles in a wheelchair, but also pulled And that sentence changed Dick’s life. He creased 86 percent. It is on the news him 2.4 miles in a dinghy while swim- became obsessed with giving Rick that feel- every night. We talk about it as if it is ing as often as he could. He got into such a tragedy. Now, it is painful, because it ming, and pedaled him 112 miles in a hard-belly shape that he and Rick were seat on the handlebars, all in the same costs all of us more to drive than we ready to try the 1979 Boston Marathon. would like. But we have choices there: day. ‘‘No way,’’ Dick was told by a race official. Columnist Reilly wrote, ‘‘I try to be The Hoyts weren’t quite a single runner, and what size vehicle, what kind of mileage a good father, but compared with Dick they weren’t quite a wheelchair competitor. it has, and what trips we take. Hoyt I suck.’’ For a few years Dick and Rick just joined But in natural gas, the people that What a special son. What a special fa- the massive field and ran anyway, then they use natural gas heat their homes, pro- ther. What a special story. found a way to get into the race officially: In vide their air-conditioning, run their 1983 they ran another marathon so fast they I thank Rick Reilly for writing such businesses. They cannot make those made the qualifying time for Boston the fol- same choices. Natural gas prices have a wonderful column. lowing year. It is an honor to pay tribute to a man Then somebody said, ‘‘Hey, Dick, why not increased in the same length of time like Dick Hoyt. a triathlon?’’ 550 percent. I want to tell my col- I am sure that his special relation- How’s a guy who never learned to swim and leagues, if you heard complaints last ship with his son has inspired countless hadn’t ridden a bike since he was six going winter about natural gas prices for to haul his 110-pound kid through a numbers across the land and has, in a heating our homes, next year is going triathlon? Still, Dick tried. to be a lot more difficult. Because the very unique way, made this Nation a Now they’ve done 212 triathlons, including better place. four grueling 15-hour Ironmans in Hawaii. It gas we put in the ground today will Mr. Speaker, I think it is the most must be a buzzkill to be a 25-year-old stud have been paid $7.50 for, and last year inspiring story I have ever read. I getting passed by an old guy towing a grown at this time it was less than $5 that we would like to attach the column from man in a dinghy, don’t you think? were putting into the ground. We put it Sports Illustrated to my remarks here Hey, Dick, why not see how you’d do on in storage in the ground at this time of your own? ‘‘No way,’’ he says. Dick does it tonight and call them to the attention year so we have enough in the winter. purely for ‘‘the awesome feeling’’ he gets see- We are now 62 to 64 percent depend- of my colleagues and other readers of ing Rick with a cantaloupe smile as they the RECORD. run, swim and ride together. ent on foreign countries for oil. On nat- [From Sports Illustrated] This year, at ages 65 and 43, Dick and Rick ural gas, we are 88 percent self-suffi- finished their 24th Boston Marathon, in cient. We import about 11 percent from STRONGEST DAD IN THE WORLD 5,083rd place out of more than 20,000 starters. Canada and 1 percent is from liquefied (By Rick Reilly) Their best time’? Two hours, 40 minutes in natural gas. Like I said before, $60-a- I try to be a good father. Give my kids 1992—only 35 minutes off the world record, barrel oil is painful but, in my view, mulligans. Work nights to pay for their text which, in case you don’t keep track of these $7.50 and continuing rising natural gas messaging. Take them to swimsuit shoots. things, happens to be held by a guy who was prices has the ability to kill our econ- But compared with Dick Hoyt, I suck. not pushing another man in a wheelchair at Eighty-five times he’s pushed his disabled the time. omy, and I will tell my colleagues why. son, Rick, 26.2 miles in marathons. Eight ‘‘No question about it,’’ Rick types. ‘‘My We are an island to ourselves with times he’s not only pushed him 26.2 miles in dad is the Father of the Century.’’ natural gas prices. When we pay $55 or

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.186 H23JNPT1 H5086 CONGRESSIONAL RECORD — HOUSE June 23, 2005 $60 for oil, the whole world pays that, The SPEAKER pro tempore. Under a combined with strong remedies for all our competitors pay that, and we previous order of the House, the gen- noncompliance, the Agreement will are a very competitive global economy. tleman from Georgia (Mr. GINGREY) is contribute to improved worker rights But when we pay $7.50 for natural gas, recognized for 5 minutes. and high levels of environmental pro- Canada pays about $6. Europe is in the (Mr. GINGREY addressed the House. tection in Central America and the Do- $5 range. China, our big competitor, His remarks will appear hereafter in minican Republic. pays $4, giving them another advantage the Extensions of Remarks.) By supporting this Agreement, the on top of cheap labor and all the other f United States can stand with those in ways they manipulate the economy. The SPEAKER pro tempore. Under a the region who stand for democracy Trinidad in northern South America, and freedom, who are fighting corrup- $1.60. Russia, 90 cents, North Africa, 80 previous order of the House, the gen- tleman from Florida (Mr. KELLER) is tion and crime, and who support the cents. Because of these prices for nat- rule of law. A stable, democratic, and ural gas and a government here in recognized for 5 minutes. (Mr. KELLER addressed the House. growing Central America and Domini- Washington who will do nothing about can Republic strengthens the United it, three industries are leaving our His remarks will appear hereafter in the Extensions of Remarks.) States economically and provides country that are some of the best-pay- greater security for our citizens. ing jobs we have left. Twenty-one fer- f The Agreement is in our national in- tilizer factories that our farmers de- MESSAGE FROM THE PRESIDENT pend on closed last year. Why? Because terest, and I urge the Congress to ap- their number one ingredient to make A message in writing from the Presi- prove it expeditiously. fertilizer is natural gas as an ingre- dent of the United States was commu- GEORGE W. BUSH. THE WHITE HOUSE, June 23, 2005. dient and as a fuel to make it. The pe- nicated to the House by Mr. Sherman trochemical companies, again, 40 to 55 Williams, one of his secretaries. f percent of their cost is natural gas. f They are leaving as we speak. The polymers in plastics, the best jobs in IMPLEMENTING THE DOMINICAN b 1900 America, are leaving as we speak. REPUBLIC-CENTRAL AMERICAN We could be totally self-sufficient on FREE TRADE AGREEMENT—MES- CONTINUATION OF THE NATIONAL natural gas if we made the right deci- SAGE FROM THE PRESIDENT OF EMERGENCY WITH RESPECT TO sions. We need to open up many areas THE UNITED STATES (H. DOC. THE WESTERN BALKANS—MES- of the West that have been locked up, NO. 109–36) SAGE FROM THE PRESIDENT OF and we need to streamline the permit- The SPEAKER pro tempore laid be- THE UNITED STATES (H. DOC. ting process so that natural gas can fore the House the following message NO. 109–37) move forward timely. We need to open from the President of the United The SPEAKER pro tempore (Mr. up the Outer Continental Shelf, where States; which was read and, without MCHENRY) laid before the House the there is enough gas to totally supply objection, referred to the Committee following message from the President this country for 50, 60 years without on Ways and Means and ordered to be of the United States; which was read any question. printed: and, together with the accompanying With the clean fuel, natural gas is To the Congress of the United States: papers, without objection, referred to the clean fuel. No NOX, no SOX, a I am pleased to transmit legislation the Committee on International Rela- fourth of the C02; it is the nonpolluting and supporting documents to imple- tions and ordered to be printed: fuel, it is the one we ought to be using. ment the Dominican Republic-Central We could be using it in vehicles, we America-United States Free Trade To the Congress of the United States: could be using it in a lot of ways that Agreement (the ‘‘Agreement’’). The Section 202(d) of the National Emer- we are not using it today to need less Agreement represents an historic de- gencies Act (50 U.S.C. 1622(d)) provides oil. But we must open the production velopment in our relations with Cen- for the automatic termination of a na- of natural gas on our Outer Conti- tral America and the Dominican Re- tional emergency unless, prior to the nental Shelf. Every country in the public and reflects the commitment of anniversary date of its declaration, the world, Canada, does and sells it to us. the United States to supporting democ- President publishes in the Federal Reg- They drill in our Great Lakes and sell racy, regional integration, and eco- ister and transmits to the Congress a it to us. Europe, Germany, England, nomic growth and opportunity in a re- notice stating that the emergency is to Norway, Sweden, Australia, New Zea- gion that has transitioned to peaceful, continue in effect beyond the anniver- land all produce gas on the Outer Con- democratic societies. sary date. In accordance with this pro- tinental Shelf, with no negative im- In negotiating this Agreement, my vision, I have sent the enclosed notice pact. to the Federal Register for publication, A natural gas well is not an environ- Administration was guided by the ob- stating that the Western Balkans mental hazard. It is a 6-inch hole in the jectives set out in the Trade Act of emergency is to continue in effect be- ground with a steel casing cemented at 2002. Central America and the Domini- yond June 26, 2005. The most recent no- the bottom and at the top, and you let can Republic constitute our second tice continuing this emergency was gas out. It is a gas that is a clean burn- largest export market in Latin Amer- ing fuel. And when you are 40 or 50 ica and our tenth largest export mar- published in the Federal Register on miles offshore, nobody knows they are ket in the world. The Agreement will June 25, 2004, 69 FR 36005. there. There are fine beaches where create significant new opportunities The crisis constituted by the actions natural gas is produced. There is fine for American workers, farmers, ranch- of persons engaged in, or assisting, recreation, there is fine fisheries. ers, and businesses by opening new sponsoring, or supporting (i) extremist Natural gas is the bridge to the fu- markets and eliminating barriers. violence in the Republic of Macedonia, ture of America’s economy, and if this United States agricultural exports will and elsewhere in the Western Balkans Congress does not do something about obtain better access to the millions of region, or (ii) acts obstructing imple- it, they are going to give the best jobs consumers in Central America and the mentation of the Dayton Accords in in America to the rest of the world. In Dominican Republic. Bosnia or United Nations Security fact, last year one of our major chem- Under the Agreement, tariffs on ap- Council Resolution 1244 of June 10, 1999, ical companies moved 2,000 jobs to Ger- proximately 80 percent of U.S. exports in Kosovo, that led to the declaration many; not a cheap market. will be eliminated immediately. The of a national emergency on June 26, Mr. Speaker, my conclusion is the Agreement will help to level the play- 2001, has not been resolved. Subsequent number one issue facing the economy ing field because about 80 percent of to the declaration of the national of this country is the availability and Central America’s imports already emergency, I amended Executive Order the price of natural gas and the deci- enjoy duty-free access to our market. 13219 in Executive Order 13304 of May sion is in our hands, this Congress’ By providing for the effective enforce- 28, 2003, to address acts obstructing im- hands, and we need to make it soon. ment of labor and environmental laws, plementation of the Ohrid Framework

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.187 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5087 Agreement of 2001 in the Republic of 1. Master Sergeant Evander E. An- 55. Sergeant Steven Checo Macedonia, which have also become a drews 56. Chief Warrant Officer Thomas J. concern. The acts of extremist violence 2. Specialist John J. Edmunds Gibbons and obstructionist activity outlined in 3. Private First Class Kristofor T. 57. Staff Sergeant Daniel Leon Executive Order 13219, as amended, are Stonesifer Kisling Jr. hostile to U.S. interests and pose a 4. Machinist’s Mate Fireman Ap- 58. Sergeant Gregory Michael continuing unusual and extraordinary prentice Bryant L. Davis Frampton threat to the national security and for- 5. Engineman First Class Vincent 59. Chief Warrant Officer Mark eign policy of the United States. For Parker O’Steen these reasons, I have determined that 6. Electronics Technician Third 60. Sergeant Michael C. Barry it is necessary to continue the national Class Benjamin Johnson 61. Operations Officer Helge Boes emergency declared with respect to the 7. CIA Johnny Michael Spann 62. Specialist Brian Michael Clemens Western Balkans and maintain in force 8. Private Giovanny Maria 63. Specialist Rodrigo Gonzalez- the comprehensive sanctions to re- 9. Electrician’s Mate Fireman Ap- Garza spond to this threat. prentice Michael Jakes, Jr. 64. Sergeant William John Tracy Jr. 65. Chief Warrant Officer Timothy GEORGE W. BUSH. 10. Staff Sergeant Brian C. Prosser THE WHITE HOUSE, June 23, 2005. 11. Master Sergeant Jefferson D. Wayne Moehling 66. Chief Warrant Officer John D. f Davis 12. Sergeant First Class Daniel H. Smith HONORING THE FALLEN IN IRAQ Petithory 67. Private First Class Spence A. The SPEAKER pro tempore. Under 13. Sergeant First Class Nathan R. McNeil the Speaker’s announced policy of Jan- Chapman 68. Private First Class James R. Dil- uary 4, 2005, the gentleman from Illi- 14. Captain Matthew W. Bancroft lon Jr. nois (Mr. EMANUEL) is recognized for 60 15. Lance Corporal Bryan P. 69. Navy Petty Officer Third Class minutes as the designee of the minor- Bertrand Jason Profitt ity leader. 16. Gunnery Sergeant Stephen L. 70. Staff Sergeant John ‘‘Mike’’ Teal Mr. EMANUEL. Mr. Speaker, there Bryson 71. Lieutenant Colonel John Stein 72. Senior Airman Jason Thomas are 1,917 American military personnel 17. Captain Daniel G. McCollum Plite who have given their lives in the serv- 18. Staff Sergeant Scott N. Germosen 73. First Lieutenant Tamara Long ice of our Nation in Iraq and Afghani- 19. Sergeant Jeannette L. Winters Archuleta stan. We owe these brave men and 20. Sergeant Nathan P. Hays 74. Staff Sergeant Jason Carlyle women, and their families, a debt of 21. Staff Sergeant Dwight J. Morgan Hicks gratitude that can never fully be re- 22. Staff Sergeant Walter F. Cohee 75. Master Sergeant Michael Maltz paid. III It is our responsibility to honor the 76. Sergeant Orlando Morales 23. Specialist Jason A. Disney 77. Staff Sergeant Jacob L. Frazier ultimate sacrifice that our men and 24. Major Curtis D. Feistner women in uniform have made while 78. Private Jerod R. Dennis 25. Captain Bartt D. Owens 79. Airman First Class Raymond serving our country. We often invoke 26. Chief Warrant Officer Jody L. Losano their sacrifices in general. Seldom do Egnor 80. Sergeant First Class John E. Tay- we take the time to thank them indi- 27. Staff Sergeant James P. Dorrity lor vidually. 28. Staff Sergeant Kerry W. Frith 81. Captain Seth R. Michaud My colleagues and I would like to 29. Specialist Thomas F. Allison 82. First Class Petty Officer Thomas take this hour and recognize these in- 30. Master Sergeant William L. E. Retzer dividual heroes on the floor of the peo- McDaniel II 83. Specialist Kelvin Feliciano ple’s House, their House. Over the next 31. Staff Sergeant Juan M. Ridout Gutierrez hour, and continuing next week until 32. Specialist Curtis A. Carter 84. Sergeant Christopher Geiger we finish, we will read the name and 33. Chief Warrant Officer Stanley L. 85. Petty Officer First Class David rank of each servicemember who has Harriman Tapper fallen in the Iraq and Afghanistan the- 34. Senior Airman Jason D. Mr. EMANUEL. Mr. Speaker, I yield aters of war. Cunningham to the gentleman from North Carolina By reading these names into the CON- 35. Technical Sergeant John A. Chap- (Mr. JONES). GRESSIONAL RECORD, we hope to ensure man Mr. JONES of North Carolina. that our Nation never forgets their sac- 36. Sergeant Peter P. Crose 1. Sergeant First Class Mitchell A. rifice, and their families will know 37. Specialist Marc A. Anderson Lane that their loved ones will be part of the 38. Private First Class Matthew A. 2. Specialist Chad C. Fuller official CONGRESSIONAL RECORD. Commons 3. Private First Class Adam L. As President Franklin Delano Roo- 39. Aviation Boatswain’s Mate-Han- Thomas sevelt said, your loved one, ‘‘stands in dling First Class Neil C. Roberts 4. Private First Class Evan W. the unbroken line of Patriots who have 40. Sergeant Philip J. Svitak O’Neill dared to die that freedom might live, 41. Chief Petty Officer Matthew J. 5. Private First Class Kristian E. and grow and increase its blessings. Bourgeois Parker Freedom lives, and through it he lives, 42. Staff Sergeant Brian T. Craig 6. Lieutenant Colonel Paul W. in a way that humbles the under- 43. Sergeant First Class Daniel A. Kimbrough takings of most men.’’ Romero 7. Navy Petty Officer Darrell Jones God bless, and keep each of the brave 44. Sergeant Jamie O. Maugans 8. Civilian contractor William Carl- Americans whose memory we now 45. Staff Sergeant Justin J. Galewski son honor. 46. Sergeant Gene A. Vance Jr. 9. Civilian contractor Christopher Mr. Speaker, I yield to the gentleman 47. Staff Sergeant Anissa A. Shero Glenn Mueller from Massachusetts (Mr. FRANK). 48. Technical Sergeant Sean M. 10. Staff Sergeant Paul A. Sweeney Mr. FRANK of Massachusetts. Mr. Corlew 11. Sergeant Jay A. Blessing Speaker, as I continue, I just want to 49. Sergeant First Class Peter P. 12. Staff Sergeant Thomas A. Walkup apologize for the inevitable mispronun- Tycz II Jr. ciation that may come in. I hope that 50. Sergeant First Class Christopher 13. Major Steven Plumhoff no one will think that this in any way J. Speer 14. Technical Sergeant Howard A. denigrates the respect and admiration 51. Sergeant Ryan D. Foraker Walters that we have for these brave people and 52. Lance Corporal Antonio J. Sledd 15. Sergeant Major Phillip R. Albert the deep sympathy we extend to their 53. Private James H. Ebbers 16. Technical Sergeant William J. families. 54. Specialist Pedro Pena Kerwood

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.088 H23JNPT1 H5088 CONGRESSIONAL RECORD — HOUSE June 23, 2005 17. Sergeant Theodore L. Perreault 74. Staff Sergeant Shane M. Koele 36. Specialist Gregory Paul Sanders 18. Sergeant Roy A. Wood 75. Captain Michael T. Fiscus 37. Hospital Corpsman Third Class 19. Staff Sergeant Shawn M. Clemens 76. Master Sergeant Michael T. Michael Vann Johnson Jr. 20. Specialist Robert J. Cook Hiester 38. Private First Class Francisco 21. Specialist Adam G. Kinser 77. Specialist Brett M. Hershey Abraham Martinez-Flores 22. Sergeant First Class Curtis 78. Private First Class Norman K. 39. Staff Sergeant Donald Charles Mancini Snyder May Jr. 23. Staff Sergeant James D. Mowris 79. Sergeant Major Barbaralien 40. Lance Corporal Patrick Terence 24. Specialist Justin A. Scott Banks O’Day 25. Sergeant Danton K. Seitsinger 80. Master Sergeant Edwin A. 41. Corporal Robert Marcus 26. Sergeant Benjamin L. Gilman Matoscolon Rodriguez 27. Sergeant Nicholes Darwin 81. Sergeant James Shawn Lee 42. Major Gregory Lewis Stone Golding 82. Captain David S. Connolly 43. Major Kevin Gerard Nave 28. Specialist David E. Hall 83. Specialist Chrystal Gaye Stout 44. Gunnery Sergeant Joseph Menusa 29. Staff Sergeant Anthony S. 84. Sergeant Stephen C. High 45. Lance Corporal Jesus Alberto Lagman 85. Chief Warrant Officer Clint J. Suarez del Solar 30. Sergeant Michael J. Esposito Jr. Prather 46. Sergeant Roderic Antoine Sol- 31. Command Sergeant Major Dennis 86. Chief Warrant Officer David omon Jallah Ayala 47. Sergeant Fernando Padilla-Rami- 32. Commander Adrian Basil Szwec rez b 1915 33. Master Sergeant Herbert R. 48. Lance Corporal William Wayne Claunch Mr. EMANUEL. Mr. Speaker, I yield White 34. Specialist Patrick D. Tillman to the gentleman from New Jersey (Mr. 49. Private First Class Michael Rus- 35. Specialist Phillip L. Witkowski PALLONE). sell Creighton-Weldon 36. Private First Class Brandon Mr. PALLONE. 50. Private First Class Diego Fer- James Wadman 1. Major Jay Thomas Aubin nando Rincon 37. Corporal Ronald R. Payne Jr. 2. Captain Ryan Anthony Beaupre 51. Corporal Michael Edward Curtin 38. Chief Warrant Officer Bruce E. 3. Corporal Brian Matthew Kennedy 52. Sergeant Eugene Williams Price 4. Staff Sgt. Kendall D. Waters-Bey 53. Staff Sergeant James Wilford 39. Petty Officer First Class Brian J. 5. Second Lieutenant Therrel Shane Cawley Ouellette Childers 54. Sergeant Michael Vernon Lalush 40. Captain Daniel W. Eggers 6. Lance Corporal Jose Antonio 55. Captain Aaron Joseph Contreras 41. Staff Sergeant Robert J. Gutierrez 56. Sergeant Brian Daniel McGinnis Mogensen 7. Lieutenant Thomas Mullen 57. Specialist Brandon Jacob Rowe 42. Private First Class Joseph A. Adams 58. Specialist William Andrew Jeffries 8. Specialist Brandon Scott Tobler Jeffries 43. Corporal David M. Fraise 9. Sergeant Nicolas Michael Hodson 59. Sergeant Jacob Lee Butler Mr. EMANUEL. Mr. Speaker, I yield 10. Lance Corporal Eric James 60. Lance Corporal Joseph Basil to the gentleman from Georgia (Mr. Orlowski Maglione III NORWOOD). 11. Captain Christopher Scott Seifert 61. Lance Corporal Brian Edward An- Mr. NORWOOD. 12. Second Lieutenant Frederick derson 44. Lance Corporal Russell P. White Eben Pokorney Jr. 62. Private First Class Christian 45. Private First Class Daniel B. 13. Sergeant Michael Edward Bitz Daniel Gurtner McClenney 14. Lance Corporal Thomas Alan 63. Master Sergeant George Andrew 46. Lance Corporal Juston Tyler Blair Fernandez Thacker 15. Lance Corporal Brian Rory 64. Captain James Francis 47. Staff Sergeant Robert K. McGee Buesing Adamouski 48. Specialist Julie R. Hickey 16. Lance Corporal David Keith 65. Specialist Matthew George Boule 49. Specialist Juan Torres Fribley 66. Chief Warrant Officer Erik Anders 50. Sergeant Bobby E. Beasley 17. Corporal Jose Angel Garibay Halvorsen 51. Staff Sergeant Craig W. Cherry 18. Corporal Jorge Alonso Gonzalez 67. Chief Warrant Officer Scott 52. Sergeant Daniel Lee Galvan 19. Staff Sergeant Phillip Andrew Jamar 53. Staff Sergeant Robert S. Goodwin 68. Chief Warrant Officer Eric Allen 54. Staff Sergeant Tony B. Olaes Jordan Smith 55. Specialist Wesley R. Wells 20. Lance Corporal Patrick Ray 56. Staff Sergeant Alan L. Rogers Nixon Mr. EMANUEL. Mr. Speaker, I yield 57. Staff Sergeant Brian S. Hobbs 21. Corporal Randal Kent Rosacker to the gentlewoman from California 58. Specialist Kyle Ka Eo Fernandez 22. Lance Corporal Thomas Jonathan (Ms. WOOLSEY). 59. Corporal William M. Amundson Slocum Ms. WOOLSEY. Jr. 23. Lance Corporal Michael Jason 69. Sergeant Michael Francis Peder- 60. Airman First Class Jesse M. Williams sen Samek 24. Sergeant George Edward Buggs 70. Specialist Donald Samuel Oaks 61. Corporal Billy Gomez 25. Specialist Jamaal Rashard Jr. 62. Specialist James C. Kearney III Addison 71. Sergeant First Class Randall 63. Sergeant Michael C. O’Neill 26. Master Sergeant Robert John Scott Rehn 64. Corporal Dale E. Fracker Jr. Dowdy 72. Sergeant Todd James Robbins 65. Corporal Jacob R. Fleischer 27. Private Ruben Estrella-Soto 73. Staff Sergeant Nino Dugue 66. Lieutenant Colonel Michael J. 28. Private First Class Howard John- Livaudais McMahon son II 74. Specialist Ryan Patrick Long 67. Chief Warrant Officer Travis W. 29. Chief Warrant Officer Johnny 75. Captain Russell Brian Rippetoe Grogan Villareal Mata 76. Private First Class Chad Eric 68. Specialist Harley Miller 30. Specialist James Michael Kiehl Bales 69. Specialist Isaac E. Diaz 31. Private First Class Lori Ann 77. Corporal Mark Asher Evnin 70. Sergeant First Class Pedro A. Piestewa 78. Corporal Erik Hernandez Silva Munoz 32. Private Brandon Ulysses Sloan 79. Staff Sergeant Wilbert Davis 71. Sergeant Jeremy R. Wright 33. Sergeant Donald Ralph Walters 80. Captain Edward Jason Korn 72. Specialist Richard M. Crane 34. Corporal Evan Tyler James 81. Captain Benjamin Wilson 73. Petty Officer First Class Alec 35. Sergeant Bradley Steven Sammis Mazur Korthaus 82. Captain Tristan Neil Aitken

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.091 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5089 83. Private First Class Wilfred 25. Chief Warrant Officer Brian K. 78. Specialist Cedric Lamont Lennon Davyrussell Bellard Van Dusen 79. Private First Class Kevin C. Ott 84. Specialist Daniel Francis 26. Chief Warrant Officer Hans N. 80. Lance Corporal Gregory E. Mac- Cunningham Jr. Gukeisen Donald 85. Private Devon Demilo Jones 27. Corporal Richard P. Carl 81. Specialist Andrew F. Chris 86. Sergeant First Class Paul Ray 28. Lance Corporal Cedric E. Bruns 82. Specialist Richard P. Orengo Smith 29. Lance Corporal Matthew R. Mr. EMANUEL. Mr. Speaker, I yield 87. Captain Travis Allen Ford Smith to the gentlewoman from Minnesota 88. Corporal Bernard George Gooden 30. Lance Corporal Jakub Henryk (Ms. MCCOLLUM). 89. First Lieutenant Brian Michael Kowalik Ms. MCCOLLUM of Minnesota. McPhillips 31. Private First Class Jose F. Gon- 1. Specialist Corey A. Hubbell 90. Sergeant Duane Roy Rios zalez Rodriguez 2. Corporal Tomas Sotelo Jr. 91. Specialist Larry Kenyatta 32. Staff Sergeant Patrick Lee Grif- 3. Sergeant Timothy M. Conneway Brown fin Jr. 4. First Sergeant Christopher D. 92. Staff Sergeant Stevon Alexander 33. Lance Corporal Nicholas Brian Coffin Booker Klieboeker 5. Corporal Travis J. Bradachnall 93. First Sergeant Edward Smith 34. Specialist David T. Nutt 6. Private First Class Edward J. 94. Private First Class Gregory Paul 35. Master Sergeant William L. Herrgott Huxley Jr. Payne 7. Private First Class Corey L. 95. Private Kelley Stephen Prewitt 36. Corporal Douglas Jose Small 96. Staff Sergeant Lincoln Daniel Marencoreyes 8. Specialist Jeffrey M. Wershow Hollinsaid 37. Specialist Rasheed Sahib 9. Sergeant David B. Parson 97. Lance Corporal Andrew Julian 38. Captain Andrew David LaMont 10. Staff Sergeant Barry Sanford Sr. Aviles 39. Lance Corporal Jason William 11. Specialist Chad L. Keith 98. Corporal Jesus Martin Antonio Moore 12. Private Robert L. McKinley Medellin 40. First Lieutenant Timothy Louis 13. Sergeant First Class Craig A. 99. Second Lieutenant Jeffrey Jo- Ryan Boling seph Kaylor 41. Lieutenant Nathan Dennis White 14. Sergeant Melissa Valles 100. Private First Class Anthony 42. Sergeant Kirk Allen Straseskie 15. Lance Corporal Jason Tetrault Scott Miller 43. Lieutenant Colonel Dominic 16. Sergeant Roger Dale Rowe 101. Specialist George Arthur Mitch- Rocco Baragona 17. Sergeant First Class Dan H. ell Jr. Mr. EMANUEL. Mr. Speaker, I yield Gabrielson 102. Corporal Henry Levon Brown to the gentleman from New York (Mr. 18. Specialist Christian C. Schultz 103. Private First Class Juan Guada- HINCHEY). 19. Specialist Joshua M. Neusche lupe Garza Jr. Mr. HINCHEY. 20. Captain Paul J. Cassidy 104. Private First Class Jason Mi- 44. Specialist Nathaniel A. Caldwell 21. Sergeant Jaror C. Puello-Coro- chael Meyer 45. Private David Evans Jr. nado 105. Staff Sergeant Robert Anthony 46. Private First Class Jeremiah D. 22. Sergeant Michael T. Crockett Stever Smith 23. Lance Corporal Cory Ryan Geurin 106. Staff Sergeant Scott Douglas 47. Major Matthew E. Schram 24. Specialist Ramon Reyes Torres Sather 48. Staff Sergeant Brett J. Petriken 25. Petty Officer Third Class David J. Mr. EMANUEL. Mr. Speaker, I yield 49. Private Kenneth A. Nalley Moreno to the gentlewoman from New York 50. Sergeant Keman L. Mitchell 26. Sergeant Mason Douglas Whet- (Ms. SLAUGHTER). 51. Staff Sergeant Michael B. Quinn stone Ms. SLAUGHTER. 52. Sergeant Thomas F. Broomhead 27. Specialist Joel L. Bertoldie 1. Gunnery Sergeant Jeffrey Edward 53. Staff Sergeant Kenneth R. Brad- 28. Second Lieutenant Jonathan D. Bohr Jr. ley Rozier 2. Staff Sergeant Terry Wayne Hem- 54. Specialist Jose A. Perez III 29. Sergeant First Class Christopher ingway 55. Specialist Kyle A. Griffin R. Willoughby 3. Staff Sergeant Riayan Augusto 56. Specialist Michael T. Gleason 30. Sergeant Jason D. Jordan Tejeda 57. Specialist Zachariah W. Long 31. Sergeant Justin W. Garvey 4. Corporal Jesus Angel Gonzalez 58. Sergeant Jonathan W. Lambert 32. Corporal Mark Anthony Bibby 5. Lance Corporal David Edward 59. Sergeant Atanasio Haro Marin Jr. 33. Specialist Jon P. Fettig Owens Jr. 60. Private First Class Branden F. 34. Specialist Brett T. Christian 6. Specialist Gil Mercado Oberleitner 35. Captain Joshua T. Byers 7. Private First Class John Eli 61. Petty Officer Third Class Doyle 36. Staff Sergeant Hector R. Perez Brown W. Bollinger Jr. 37. Private First Class Raheen Tyson 8. Specialist Thomas Arthur Foley 62. Sergeant Travis L. Burkhardt Heighter III 63. Private Jesse M. Halling 38. Corporal Evan Asa Ashcraft 9. Corporal Armando Ariel Gonzalez 64. Sergeant Michael E. Dooley 39. Sergeant Juan M. Serrano 10. Specialist Richard Allen Goward 65. Private First Class Gavin L. 40. Specialist Wilfredo Perez Jr. 11. Private First Class Joseph Pat- Neighbor 41. Sergeant Daniel K. Methvin rick Mayek 66. Specialist John K. Klinesmith Jr. 42. Private First Class Jonathan M. 12. Corporal Jason David Mileo 67. Staff Sergeant Andrew R. Cheatham 13. Corporal John Travis Rivero Pokorny 43. Specialist Jonathan P. Barnes 14. Chief Warrant Officer Andrew 68. Private First Class Ryan R. Cox 44. Sergeant Heath A. McMillin Todd Arnold 69. Specialist Joseph D. Suell 45. Specialist William J. Maher III 15. Specialist Roy Russell Buckley 70. Private Shawn D. Pahnke 46. Sergeant Nathaniel Hart Jr. 16. Chief Warrant Officer Robert Wil- 71. Sergeant Michael L. Tosto 47. Captain Leif E. Nott liam Channell Jr. 72. Private Robert L. Frantz 48. Specialist James I. Lambert III 17. Lance Corporal Alan Dinh Lam 73. Private First Class Michael R. 49. Private Michael J. Deutsch 18. Specialist Edward John Anguiano Deuel 50. Specialist Justin W. Hebert 19. Sergeant Troy David Jenkins 74. Staff Sergeant William T. 51. Staff Sergeant David L. Loyd 20. First Lieutenant Osbaldo Orozco Latham 52. Specialist Ronald D. Allen Jr. 21. Specialist Narson Bertil Sullivan 75. Specialist Paul T. Nakamura 53. Specialist Farao K. Letufuga 22. First Sergeant Joe Jesus Garza 76. Specialist Orenthial Javon Smith 54. Sergeant Leonard D. Simmons 23. Sergeant Sean C. Reynolds 77. Sergeant First Class Gladimir 55. Staff Sergeant Brian R. 24. Private Jason L. Deibler Philippe Hellerman

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.094 H23JNPT1 H5090 CONGRESSIONAL RECORD — HOUSE June 23, 2005 56. Private Kyle C. Gilbert 25. Specialist Kyle G. Thomas 1. Specialist Steven Daniel Conover 57. Specialist Zeferino E. Colunga 26. Sergeant Darrin K. Potter 2. Staff Sergeant Daniel A. Bader 58. Private First Class Duane E. 27. Staff Sergeant Christopher E. 3. Private First Class Rayshawn S. Longstreth Cutchall Johnson 59. Private First Class Brandon 28. Sergeant Andrew Joseph Baddick 4. Sergeant Francisco Martinez Ramsey 29. Specialist Dustin K. McGaugh 5. Specialist Robert T. Benson 60. Private Matthew D. Bush 30. Specialist Simeon Hunte 6. Sergeant First Class Jose A. Ri- 61. Sergeant Floyd G. Knighten Jr. 31. Private First Class Analaura vera 62. Specialist Levi B. Kinchen Esparza Gutierrez 7. Sergeant Paul F. Fisher 63. Staff Sergeant David S. Perry 32. Command Sergeant James 8. Specialist James A. Chance III 64. Private First Class Daniel R. Blankenbecler 9. Specialist James R. Wolf Parker 33. Private First Class Charles M. 65. Staff Sergeant Richard S. Eaton Sims 10. Sergeant Scott C. Rose Jr. 34. Specialist James H. Pirtle 11. Command Sergeant Major Cornell 66. Private First Class Timmy R. 35. Second Lieutenant Richard W. Gilmore I Brown Jr. Torres 12. Chief Warrant Officer Kyran E. 67. Sergeant Taft V. Williams 36. Private First Class Kerry D. Scott Kennedy 68. Sergeant Steven W. White 37. Specialist Spencer Timothy Karol 13. Captain Benedict J. Smith 69. Private First Class David M. 38. Staff Sergeant Christopher W. 14. Staff Sergeant Paul M. Neff II Kirchhoff Swisher 15. Staff Sergeant Morgan DeShawn 70. Specialist Eric R. Hull 39. Specialist Joseph C. Norquist Kennon 71. Specialist Kenneth W. Harris Jr. 40. Specialist James E. Powell 16. Chief Warrant Officer Sharon T. 72. Staff Sergeant Bobby C. Franklin 41. Private First Class Stephen E. Swartworth 73. Lieutenant Kylan A. Jones- Wyatt 17. Private Kurt R. Frosheiser Huffman 42. Specialist Donald L. Wheeler 18. Staff Sergeant Mark D. Vasquez 74. Private First Class Michael S. 43. Private Benjamin L. Freeman 19. Staff Sergeant Gary L. Collins Adams 44. Specialist Douglas J. Weismantle 20. Sergeant Nicholas A. Tomko 75. Specialist Stephen M. Scott 45. Private First Class Jose Casanova 21. Specialist Genaro Acosta 76. Private First Class Vorn J. Mack 46. Lieutenant Colonel Kim S. Or- 22. Specialist Marlon P. Jackson 77. Private First Class Pablo lando 23. Specialist Robert A. Wise Manzano 47. Corporal Sean R. Grilley 24. Staff Sergeant Nathan J. Bailey 78. Specialist Darryl T. Dent 48. Staff Sergeant Joseph P. Bellavia 79. Lieutenant Colonel Anthony L. 25. Private First Class Jacob S. 49. Private First Class John D. Hart Fletcher Sherman 50. First Lieutenant David R. Bern- 26. Sergeant Joseph Minucci II 80. Specialist Rafael L. Navea stein 27. Specialist Irving Medina 81. Sergeant Gregory A. Belanger 51. Staff Sergeant Paul J. Johnson 82. Staff Sergeant Mark A. Lawton 52. Private First Class Paul J. 28. Sergeant Timothy L. Hayslett 83. Kristian E. Parker Bueche 29. Sergeant Warren S. Hansen 84. Sergeant Sean K. Cataudella 53. Specialist John P. Johnson 30. Private First Class Damian L. b 1930 54. Captain John R. Teal Heidelberg 55. Sergeant Michael S. Hancock 31. Specialist Ryan T. Baker Mr. EMANUEL. Mr. Speaker, I yield 32. Specialist William D. Dusenbery to the gentlewoman from Connecticut 56. Specialist Jose L. Mora 57. Specialist Artimus D. Brassfield 33. Sergeant Michael D. Acklin II (Ms. DELAURO). 58. Staff Sergeant Jamie L. Huggins 34. Specialist Eugene A. Uhl III Ms. DELAURO. Mr. Speaker, in honor 35. Sergeant First Class Kelly Bolor of their valor, courage and sacrifice, 59. Lieutenant Colonel Charles H. Sergeant Charles Todd Caldwell. Buehring 36. Chief Warrant Officer Erik C. 1. Staff Sergeant Cameron B. Sarno 60. Private First Class Rachel K. Kesterson 2. Staff Sergeant Joseph Camara Bosveld 37. Chief Warrant Officer Scott A. 3. Private First Class Christopher A. 61. Private First Class Steven Acosta Saboe Sisson 62. Sergeant Aubrey D. Bell 38. Sergeant John W. Russell 4. Technical Sergeant Bruce E. 63. Private Jonathan I. Falaniko 39. Specialist John R. Sullivan Brown 64. Specialist Isaac Campoy 40. Second Lieutenant Jeremy L. 5. Specialist Jarrett B. Thompson 65. Sergeant Michael Paul Barrera Wolfe 6. Specialist Ryan G. Carlock 66. Private Algernon Adams 41. Specialist Jeremiah J. 7. Staff Sergeant Joseph E. Robsky 67. Second Lieutenant Todd J. Bry- DiGiovanni Jr. ant 42. Private First Class Joey D. Whit- 8. Sergeant Henry Ybarra III 68. Specialist Maurice J. Johnson ener 9. Master Sergeant Kevin N. More- 69. First Lieutenant Joshua C. Hur- 43. Captain Pierre E. Piche ley head 44. Private First Class Richard W. 70. Private First Class Karina S. Lau 10. Sergeant First Class William M. Hafer 71. Staff Sergeant Paul A. Velasquez Bennett 45. Chief Warrant Officer Alexander 72. Private First Class Anthony D. 11. Sergeant Trevor A. Blumberg S. Coulter Dagostino 12. Specialist Alyssa R. Peterson 46. Captain James A. Shull 13. Staff Sergeant Kevin C. 73. First Lieutenant Brian D. Slavenas 47. Staff Sergeant Dale A. Panchot Kimmerly 48. Captain Nathan S. Dalley 14. Specialist James C. Wright 74. Chief Warrant Officer Bruce A. 49. Private Scott Matthew Tyrrell 15. Sergeant Anthony O. Thompson Smith 50. Captain George A. Wood 16. Specialist Richard Arriaga 75. First Lieutenant Benjamin J. 17. Captain Brian R. Faunce Colgan 51. Specialist Joseph L. Lister 18. Staff Sergeant Frederick L. Mil- 76. Staff Sergeant Joe Nathan Wilson 52. Corporal Gary B. Coleman ler Jr. 77. Sergeant Ross A. Pennanen 53. Private First Class Damian S. 19. Sergeant David Travis Friedric 78. Sergeant Ernest G. Bucklew Bushart 20. Specialist Lunsford B. Brown II 79. Sergeant Joel Perez 54. Specialist Robert D. Roberts 21. Specialist Paul J. Sturino 80. Specialist Frances M. Vega 55. Specialist Rel A. Ravago IV 22. Specialist Michael Andrade 81. Specialist Darius T. Jennings 56. Command Sergeant Major Jerry 23. Captain Robert L. Lucero 82. Sergeant Keelan L. Moss L. Wilson 24. Sergeant First Class Robert E. 83. Specialist Brian H. Penisten 57. Staff Sergeant Eddie E. Meny- Rooney Mr. EMANUEL. weather

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.097 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5091 58. Chief Warrant Officer Christopher 30. Staff Sergeant Craig Davis 4. Captain Gussie M. Jones G. Nason 31. Specialist Michael A. Diraimondo 5. Private First Class Matthew G. 59. Corporal Darrell L. Smith 32. Specialist Nathaniel H. Johnson Milczark 60. Specialist David J. Goldberg 33. Chief Warrant Officer Philip A. 6. Sergeant First Class Richard S. 61. Specialist Thomas J. Sweet II Johnson Jr. Gottfried 62. Sergeant Ariel Rico 34. Sergeant First Class Gregory B. 7. Specialist Edward W. Brabazon 63. Staff Sergeant Stephen A. Hicks 8. Private First Class Bert Edward Bertolino 35. Specialist Christopher A. Golby Hoyer 64. Specialist Aaron J. Sissel 36. Staff Sergeant Ricky L. Crockett 37. Sergeant Keicia M. Hines 9. Specialist Christopher K. Hill 65. Specialist Uday Singh 10. Staff Sergeant Joe L. Dunigan Jr. 66. Chief Warrant Officer Clarence E. 38. Staff Sergeant Roland L. Castro 11. Specialist Jason C. Ford Boone 39. Sergeant Edmond Lee Randle Jr. 12. Captain John F. ‘‘Hans’’ Kurth 67. Specialist Raphael S. Davis 40. Specialist Larry E. Polley Jr. 68. Sergeant Ryan C. Young 41. Private First Class Cody J. Orr 13. Specialist Jocelyn ‘‘Joce’’ L. 69. Specialist Arron R. Clark 42. Master Sergeant Kelly L. Carrasquillo 70. Private First Class Ray J. Hutch- Hornbeck 14. Private First Class Joel K. inson 43. Private First Class James D. Brattain 71. Private First Class Jason G. Parker 15. Sergeant Daniel J. Londono Wright 44. Specialist Gabriel T. Palacios 16. Sergeant First Class Clint D. 72. Specialist Christopher Jude Ri- 45. Chief Warrant Officer Brian D. Ferrin vera Wesley Hazelgrove 17. Sergeant William J. Normandy 73. Specialist Joseph M. Blickenstaff 46. Chief Warrant Officer Michael T. 18. First Lieutenant Michael R. 74. Staff Sergeant Steven H. Bridges Blaise Adams 75. Specialist Todd M. Bates 47. Specialist Jason K. Chappell 19. Master Sergeant Thomas R. 76. Staff Sergeant Richard A. Bur- 48. Private First Class Ervin Dervishi 49. Staff Sergeant Kenneth W. Thigpen Sr. dick 20. Specialist Tracy L. Laramore 77. Private First Class Jerrick M. Hendrickson 50. Sergeant Randy S. Rosenberg 21. Sergeant Ivory L. Phipps Petty 51. Sergeant Keith L. Smette 22. Private First Class Ricky A. Mor- 78. Staff Sergeant Aaron T. Reese 52. Specialist William R. Sturges Jr. ris Jr. 79. Specialist Marshall L. Edgerton 53. Staff Sergeant Christopher Bunda 23. Private First Class Brandon C. 80. Private First Class Jeffrey F. 54. Chief Warrant Officer Patrick D. Smith Braun Dorff 24. Private First Class Ernest Harold 81. Sergeant Jarrod W. Black 55. First Lieutenant Adam G. Moon- Sutphin 82. Staff Sergeant Kimberly A. Voelz ey 25. Corporal Andrew D. Brownfield 83. Specialist Rian C. Ferguson 56. Sergeant Travis A. Moothart 26. Specialist Doron Chan 84. Private First Class Kenneth C. 57. Sergeant Cory R. Mracek Souslin 27. Specialist Clint Richard ‘‘Bones’’ 58. Sergeant First Class James T. Matthews Mr. EMANUEL. Mr. Speaker, I yield Hoffman to the gentlewoman from New York 28. Corporal David M. Vicente 59. Second Lieutenant Luke S. James 29. Private First Class Jason C. (Mrs. MCCARTHY) beginning with the 60. Staff Sergeant Lester O. Kinney Ludlam names reading from 2004. II 30. First Lieutenant Michael W. Vega Mrs. MCCARTHY. Mr. Speaker, Spe- 61. Captain Matthew J. August cialist Nathan W. Nakis. 62. Staff Sergeant Sean G. Landrus 31. Specialist Matthew J. Sandri 1. Specialist Christopher J. Holland 63. Private First Class Luis A. 32. Major Mark D. Taylor 2. Sergeant Glenn R. Allison Moreno 33. Private Dustin L. Kreider 3. Private First Class Charles E. 64. Private First Class Holly J. 34. Private First Class Christopher E. Bush Jr. McGeogh Hudson 4. Private First Class Stuart W. 65. Sergeant Eliu A. Miersandoval 35. Lance Corporal Andrew S. Dang Moore 66. Corporal Juan C. Cabral Banuelos 36. Private First Class Bruce Miller 5. First Lieutenant Edward M. Saltz 67. Private First Class Armando Jr. 6. Major Christopher J. Splinter Soriano 37. Staff Sergeant Wentz Jerome 7. Captain Christopher F. Soelzer 68. Second Lieutenant Seth J. Dvorin Henry Shanaberger III 8. Sergeant Benjamin W. Biskie 69. Specialist Joshua L. Knowles 38. Lance Corporal Jeffrey C. Burgess 9. Command Sergeant Major Eric F. 70. Staff Sergeant Richard P. Ramey 39. Specialist Adam D. Froehlich Cooke 71. Sergeant Thomas D. Robbins 40. Lance Corporal James A. Casper 10. Sergeant Michael E. Yashinski 72. Sergeant Elijah Tai Wah Wong 41. Private First Class Leroy 11. Staff Sergeant Thomas W. 73. Master Sergeant Jude C. Mariano Sandoval Jr. Christensen 74. Private First Class William C. Ra- 42. Master Sergeant Timothy Toney 12. Staff Sergeant Stephen C. mirez 43. Private First Class Sean M. Hattamer 75. Sergeant Patrick S. Tainsh 76. Specialist Eric U. Ramirez Schneider 13. Specialist Charles G. Haight 44. Specialist Jeremiah J. Holmes 14. Specialist Michael G. Mihalakis 77. Private Bryan N. Spry 78. Specialist Christopher M. Taylor 45. Master Sergeant Richard L. Fer- 15. Staff Sergeant Michael J. Sutter guson 16. Captain Ernesto M. Blanco 79. Private First Class Nichole M. 46. Lance Corporal William J. 17. Private Rey D. Cuervo Frye 18. Sergeant Curt E. Jordan Jr. 80. Specialist Michael M. Merila Wiscowiche 19. Specialist Justin W. Pollard 81. Specialist Roger G. Ling 47. Private Brandon L. Davis 20. Sergeant Dennis A. Corral 82. Second Lieutenant Jeffrey C. 48. Private First Class Cleston C. 21. Specialist Solomon C. ‘‘Kelly’’ Graham Raney Bangayan 83. Sergeant First Class Henry A. 49. Specialist Michael G. Karr Jr. 22. Captain Eric Thomas Paliwoda Bacon 50. Specialist Sean R. Mitchell 23. Specialist Marc S. Seiden Mr. EMANUEL. Mr. Speaker, I yield 51. First Lieutenant Doyle M. 24. Captain Kimberly N. Hampton to the gentleman from Arkansas (Mr. Hufstedler 25. Specialist Luke P. Frist BERRY). 52. Private First Class Dustin M. 26. Private First Class Jesse D. Mr. BERRY. Mr. Speaker, Chief War- Sekula Mizener rant Officer Matthew C. Laskowski. 53. Private First Class William R. 27. Chief Warrant Officer Ian D. 1. Chief Warrant Officer Stephen M. Strange Manuel Wells 54. Lance Corporal Aric J. Barr 28. Sergeant Jeffrey C. Walker 2. Specialist Michael R. Woodliff 55. Private First Class John D. Amos 29. Chief Warrant Officer Aaron A. 3. Petty Officer Second Class Mi- II Weaver chael J. Gray 56. Corporal Tyler R. Fey

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.102 H23JNPT1 H5092 CONGRESSIONAL RECORD — HOUSE June 23, 2005 57. Private First Class Geoffrey S. 25. Staff Sergeant Don Steven 79. Captain Arthur L. ‘‘Bo’’ Felder Morris McMahan 80. Specialist Kenneth A. Melton 58. Specialist Philip G. Rogers 26. Specialist Michelle M. Witmer 81. Lance Corporal Aaron C. Austin 59. Sergeant Michael W. Mitchell 27. Specialist Peter G. Enos 82. Sergeant Sherwood R. Baker 60. Sergeant Yihiyh L. Chen 28. Private First Class Gregory R. 83. Sergeant Lawrence A. Roukey 61. Specialist Robert R. Arsiaga Goodrich 84. Staff Sergeant Abraham D. 62. Specialist Stephen D. Hiller 29. Staff Sergeant Toby W. Mallet Penamedina 63. Specialist Ahmed Akil ‘‘Mel’’ 30. Specialist Allen Jeffrey ‘‘A.J.’’ Mr. Speaker, I would like to thank Cason Vandayburg the distinguished Members from both 64. Specialist Israel Garza 31. Staff Sergeant Raymond Edison sides of the aisle who have participated 65. Corporal Forest Joseph Jostes Jones Jr. tonight. I would also like to thank the 66. Specialist Casey Sheehan 32. Sergeant Elmer C. Krause veterans and their families who have 67. Specialist Scott Quentin Larson 33. Airman First Class Antoine J. contacted my office to express their Jr. Holt support for this effort, and other Mem- 68. Sergeant David M. McKeever 34. Specialist Adolf C. Carballo bers’ office. 69. Private First Class Christopher 35. Specialist Justin W. Johnson Unfortunately, a single hour is not Ramos 36. Sergeant William C. Eckhart enough time to recognize each of our 70. Corporal Jesse L. Thiry 37. Private First Class George D. fallen citizens. My colleagues and I will 71. Lance Corporal Matthew K. Serio Torres continue this tribute on Monday 72. Lance Corporal Shane Lee Gold- 38. First Lieutenant Oscar Jimenez evening for as many tomorrows as it man 39. Lance Corporal Torrey L. Gray takes to properly thank those who 73. Private First Class Moises A. 40. Corporal Daniel R. Amaya have made the ultimate sacrifice for Langhorst 41. Chief Warrant Officer Lawrence their Nation. 74. Private First Class Christopher R. S. Colton I would also like to take this oppor- Cobb 42. Chief Warrant Officer Wesley C. tunity on behalf of my colleagues to 75. Private First Class Ryan M. Fortenberry thank the brave men and women who Jerabek 43. Private First Class Nathan P. continue to serve our Nation in both 76. Lance Corporal Travis J. Layfield Brown Iraq, Afghanistan, and overseas. Our 77. Lance Corporal Anthony P. Rob- 44. Sergeant Major Michael Boyd thoughts and prayers are with them ert Stack and their families in these times. 78. Private First Class Benjamin R. 45. Lance Corporal Robert Paul Carman Zurheide Jr. f 79. Lance Corporal Marcus M. Cherry 46. Lance Corporal Brad S. Shuder b 2000 80. Second Lieutenant John Thomas 47. Private Noah L. Boye Wroblewski 48. Corporal Kevin T. Kolm REPUBLICAN AGENDA 81. Lance Corporal Kyle D. Crowley 49. Staff Sergeant Victor A. The SPEAKER pro tempore (Mr. 82. Staff Sergeant Allan K. Walker Rosaleslomeli DENT). Under the Speaker’s announced 83. Private First Class Deryk L. 50. Specialist Richard K. Trevithick policy of January 4, 2005, the gentle- Hallal 51. Sergeant Christopher Ramirez 52. Specialist Frank K. Rivers Jr. woman from North Carolina (Ms. FOXX) 1945 b 53. Staff Sergeant Jimmy J. is recognized for 60 minutes as the des- Mr. EMANUEL. Mr. Speaker, I yield Arroyave ignee of the majority leader. to the gentleman from New York (Mr. 54. Sergeant Brian M. Wood Ms. FOXX. Mr. Speaker, in this Spe- SERRANO). 55. Specialist Dennis B. Morgan cial Order, we are going to focus on two Mr. SERRANO. 56. Specialist Michael A. McGlothin things. I am first here to speak a trib- 1. Sergeant Gerardo Moreno 57. Specialist Marvin A. Camposiles ute to a very good friend of mine and 2. Sergeant Lee Duane Todacheene 58. Private First Class Clayton Welch then I will share the rest of the hour 3. Petty Officer Third Class Fer- Henson with my colleagues. nando A. Mendez-Aceves 59. First Lieutenant Robert L. Hen- TRIBUTE TO LOIS BRITT 4. Staff Sergeant George S. derson II Ms. FOXX. Mr. Speaker, it is with a Rentschler 60. Sergeant Jonathan N. Hartman heavy heart that I rise today to pay 5. Specialist Tyanna S. Felder 61. Staff Sergeant Edward W. Carman tribute to the memory of a true leader 6. Captain Brent L. Morel 62. Lance Corporal Gary F. Van and my friend, Anne Lois Britt. On 7. Sergeant First Class Marvin Lee Leuven June 4, just 3 weeks ago, Lois Britt Miller 63. Lance Corporal Ruben Valdez Jr. passed away in her sleep. Not only did 8. Private First Class Christopher D. 64. Lance Corporal Michael J. Smith her family lose a devoted and caring Mabry Jr. matriarch but Lois’ passing marked a 9. Sergeant First Class William W. 65. Captain Richard J. Gannon II serious loss for my State. Lois’ first Labadie Jr. 66. Corporal Christopher A. Gibson love was to her family and grand- 10. Specialist Isaac Michael Nieves 67. Private First Class Leroy Harris- children, Ralph and Luke, but she 11. Staff Sergeant William M. Harrell Kelly loved and treated the betterment of 12. Lance Corporal Phillip E. Frank 68. First Sergeant Bradley C. Fox rural North Carolina like it was her 13. Lance Corporal Levi T. Angell 69. Specialist Christopher D. second family. She touched the lives of 14. Lance Corporal Christopher B. Gelineau so many, and words cannot express Wasser 70. Corporal Jason L. Dunham what she meant to those around her. 15. Corporal Nicholas J. Dieruf 71. Private First Class Shawn C. Ed- Throughout her nearly 50-year career, 16. Lance Corporal Michael B. wards Lois was able to work for, and with, Wafford 72. Staff Sergeant Cory W. Brooks the things she loved—her family, peo- 17. First Lieutenant Joshua M. 73. Petty Officer Third Class Nathan ple, education, agriculture, and Duplin Palmer B. Bruckenthal County. 18. Specialist Jonathan Roy Kephart 74. Petty Officer Second Class Chris- Lois was born and reared in Duplin 19. Sergeant Felix M. Delgreco topher E. Watts County, North Carolina. Duplin County 20. Corporal Matthew E. Matula 75. Petty Officer First Class Michael is in the rural eastern part of North 21. Lance Corporal Elias Torrez III J. Pernaselli Carolina. However, Lois could see from 22. Corporal Michael Raymond Speer 76. Staff Sergeant Stacey C. Brandon an early age, if given just a few re- 23. Private First Class Chance R. 77. Staff Sergeant Billy J. Orton sources, the citizens of Duplin County Phelps 78. Chief Warrant Officer Patrick W. could do and achieve wonderful things. 24. Private First Class Eric A. Ayon Kordsmeier She was determined to improve the

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JN7.100 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5093 lives of everyone she knew, and she North Carolina State University. In fight to preserve freedom. Our country knew almost everybody. So after earn- fact, one of the easiest decisions I ever has a long, storied, noble history in the ing her bachelor’s degree from East made in the State Senate was to vote fight for freedom and democracy. I Carolina University and graduating for Lois Britt for board of governors. want to commend them for reminding from North Carolina State with a mas- Along with her distinguished profes- and for remembering that there are ter’s degree in adult education, she re- sional career, Lois was awarded and those who have given their lives. We turned home to begin her life’s work. achieved many honors in her successful need to remember each and every indi- Once back in Duplin, she started with life. Awards such as the North Carolina vidual. the extension service, working in 4–H, Pork Council Hall of Fame, North This Nation has been being attacked home economics and community devel- Carolina 4–H Lifetime Achievement by terrorists now for a couple of dec- opment. For more than 33 years, she Award, the North Carolina State Uni- ades. We need to go back and as we re- helped mold 4–H’ers, families, and co- versity Watauga Medal, the 2003 Volun- member these men and women who workers into positive, productive citi- teer Service Award from the National have lost their lives in Iraq, we need to zens. To put into perspective how much Agricultural Alumni and Development also remember those that lost their she meant to the 4–H community, I Association, and the 2002 Distinguished lives with the Khobar Towers, with the would like to tell you a story I heard Alumnus for Agriculture from the Cole, with the first World Trade Center from one of her closest friends. It is North Carolina State University Col- bombing, those in Afghanistan and customary in North Carolina to have lege of Agriculture and Life Sciences those that currently serve in Afghani- one large family Bible that you keep are just a few of the awards and stan as well as all of our men and records, newspaper clippings, and any achievements bestowed upon Lois. If I women who are currently deployed. In general memorabilia about your fam- read them all to you, we would be here Tennessee, in my district, we have men ily. One common item usually found in till next week. and women who are members of the Duplin County family Bibles was the As you can see, Lois Britt meant the National Guard who are deployed in children’s 4–H certificates. For 33 world to her family, her community both Afghanistan and Iraq. To those years, Lois Britt signed every single 4– and the State of North Carolina. Lois families, we say we stand with you so H certificate awarded. You see, Lois had a history of helping people solve solidly, so totally in this fight for free- was a part of everyone’s family in some problems that arise from our need to be dom. way or another. Countless people in good stewards of the land. She built We have men and women from Fort Duplin County credit Lois and the systems that allow our youth, families Campbell, which primarily sits in the skills they gained under her 4–H and and communities to plan and execute Seventh Congressional District of Ten- extension leadership for the success productive agribusiness enterprises. nessee, who are preparing to redeploy they have enjoyed in life. She was a great mother and a great with the 101st or the 160th, who are in While she was doing what God had friend. the process of being redeployed. We put her on earth to do, helping others, I am pleased that her son Ralph, his thank each and every one of them for Lois’ career began to take off. In 1976, wife Suzanne, and Lois’ sister Gail their service, for their sacrifice, their she was promoted to county extension have traveled to Washington to join me families we thank for their service and director. She held this position for 14 in celebrating the life of their loved their sacrifice, these precious children years and was the first woman in North one. They traveled to D.C. to be a part who are at home for the summer with- Carolina’s history to serve in that ca- of this tribute, along with many other out mom or dad to go to the ball field pacity. of Lois’ closest friends. I was also hon- with them or to take them to swim- After leaving the county extension in ored to be a part of her life. Although ming lessons or to hold them tight at 1990, she worked until 2000 with Mur- Lois is no longer with us physically, we night when they are worried and have phy Family Farms as vice president for can rest easy knowing she is reunited fears and concerns. We stand with you public relations. Additionally, she was with her husband and is teaching some- in this fight for freedom. a member of the board of the North where in heaven. May God bless her We are talking a good bit about what Carolina Pork Council and was vice soul. our agenda has been and being in touch president of the National Pork Pro- Mr. Speaker, a group of us is here to- with the desires of the American peo- ducers Council. It was through her night to bring some perspectives to ple. I want to call attention to a couple work in pork and agriculture that Lois many things that have been said in the of things that have been in the press and I first became friends. We worked past few weeks by leaders and members lately. We had seven House Members together in the North Carolina State of the Democratic Party. I want to rec- yesterday who wrote a letter to Minor- Senate and here in the House of Rep- ognize first, Representative MARSHA ity Leader PELOSI saying that they resentatives on a number of projects to BLACKBURN who represents the Seventh were shocked by a statement in which improve and bolster the pork industry District of Tennessee, and then Rep- she said the war in Afghanistan was in our home State. We did not always resentative KENNY MARCHANT who rep- over, and I am quoting from the letter. see eye to eye on every issue, but I al- resents the 24th District of Texas. I They wrote: ‘‘Messages like yours ways knew where she stood and I ad- will then speak very briefly and then could demoralize our troops and under- mired her for that. recognize the gentlewoman from Vir- mine our efforts to fight terrorism in It was during her time with Murphy ginia (Mrs. DRAKE) who is here. Afghanistan and around the world.’’ Brown Farms and the North Carolina Let me please turn the floor over to That was in their letter, and reminding Pork Council that Lois became a na- the gentlewoman from Tennessee. her that we have known all along this tional spokesperson for her industry. Mrs. BLACKBURN. Mr. Speaker, I is going to be a long, long war. It is not She gained national notoriety in her thank the gentlewoman from North going to be an easy war. It is going to field as an effective and creative lead- Carolina and how we welcome her en- require some sacrifice on all of our er. People looked up to Lois and re- thusiasm and her dedication to helping parts, on each and every single individ- spected what she had to say. Although move forward with the Republican ual’s part. she never ran for public office, I sus- agenda and with the leadership that And then I pulled another article pect Lois could have held any elected has been shown. from today’s press. It was talking position she wanted due to her leader- Mr. Speaker, before I begin my com- about Taliban, Rebels Fight Afghan, ship, compassion, and understanding of ments this evening, I would like to just U.S. Forces. We had 102 insurgents that complicated issues. pause for a few moments and commend were killed in 3 days of fighting in Af- While moving the agribusiness sector our colleagues from across the aisle as ghanistan. It just goes to show us, of North Carolina forward, Lois became they have stood tonight to remember those who wish us harm, those who heavily involved with North Carolina and to commemorate those men and would do evil are still out there and State University. She served on the women who have given their lives in still fighting and fighting against free- University of North Carolina board of the fight for freedom. We can never dom. governors and had been appointed to begin to express our thanks and our But much of this has to do with focus the chancellor’s board of visitors for gratitude to the men and women who and where we put our focus and where

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.207 H23JNPT1 H5094 CONGRESSIONAL RECORD — HOUSE June 23, 2005 this 109th Congress chooses to place its the death tax is a triple tax. You pay privilege for me to spend the last hour focus. We were here earlier this week tax when you acquire an asset, you pay listening to the names of men and talking about the agenda, the Repub- tax when you maintain the asset, and women who have given their lives so lican agenda, and some of the things certainly when you earn your income that we would have the opportunity to that we have accomplished. We are in that you use to purchase that asset, be here tonight and to state our views our 69th day, I believe it is, of our ses- you are paying tax there, too. So roll- and debate and pass laws that will af- sion. There are many strides that we ing back the death tax. Two hundred fect this country. have made for the American people. As seventy-two Members of this body, the But this evening I would like to com- we have talked about this, and I know U.S. House of Representatives, voted to mend the leadership of the Republican- the gentlewoman from North Carolina repeal the death tax. Forty-two of led 109th Congress, which at its half- is certainly aware of this, every time those were Democrats. way point has been marked by major we pass a bill here, it does not mean we Continuity of government. The en- legislative achievement. The Demo- have added another law or added an- ergy bill. Everyone is concerned about crats have responded to our party’s other statute to the books. Many times gas prices. Something we can do that is ideas and vision with a lack of ideas what it means is that we are removing going to help us send the right message and a lack of vision. They have con- or repealing something and that is the is passing an energy bill. tinuously criticized the actions of the way it ought to be, because being com- b 2015 majority, but remain unwilling to put mitted to freedom, being here to defend forward any constructive plan on So- And we did that in this House, sent it the individual freedoms that each and across the Rotunda to our friends and cial Security, energy, or illegal immi- every person holds dear, means that colleagues in the Senate. And we gration. I am proud of the many initiatives one of the things we are doing is trying passed that energy bill with 249 votes; already passed by House Republicans to roll back that long reaching arm of 41 of those were Democrats. And the this year to strengthen this great Na- government, roll it back and send that gentlewoman knows that all of this tion. This includes class action reform. power and send that money and send goes to show that America responds to This reform addresses the most serious that authority to the State and local our agenda. They are looking forward levels. That is something that we as a to our reducing the size of government, cases of class action abuse by allowing majority feel is very important: indi- getting government off their back, get- large interstate class action cases to be vidual freedoms, local control, moving ting it out of their pocketbook, leaving heard in Federal court. The measure forward on an agenda that is a conserv- them with more money to spend, light- unclogs specified, very specific, over- ative, well-placed agenda, rooting out ening up on that regulation so that the used courts and ends harassment of waste, fraud and abuse, looking for free enterprise system can do what it local businesses through forum shop- ways to shrink some of these programs. does best: generate jobs. We know we ping and limits the thousands and These are some of the things that we do not create those jobs. Government thousands of frivolous lawsuits that have been able to make progress on does not create those jobs. Free enter- are being filed every day. over the last few months: bankruptcy prise creates those jobs. Another example is the READ ID reform, which we passed with 302 votes So as we look at an agenda that is Act. The READ ID Act completes the in this body. That meant we had 73 based on hope, is based on planning for mission and recommendations of the Democrats cross over and vote with us the future, is based on a better life for 9/11 Commission. It closes asylum loop- to pass that. The reason they do that, our children, we welcome that the holes and implements driver’s license most of America agrees with the ma- other party comes along and supports reforms, strengthens deportation laws, jority’s agenda, things that are going this agenda because we know it ener- and defends our borders. This bill is to strengthen families, things that are gizes America. We have provisions that necessary to secure our borders and our going to strengthen small business. energize this economy, that get us homeland. Class action reform. We have all moving in the direction that we should This majority has also passed the heard the stories of how trial lawyers be moving. permanent repeal of the death tax. The go out and make 20, $30 million off of I want to thank the gentlewoman for death tax is the leading cause of dis- different class action cases and then organizing this hour, looking at the solution for most of our small busi- the members of the class end up with a strength that is in the agenda that we nesses in America. This unfair tax coupon for 50 cents off, a free movie, a are working on this year and looking hampers economic growth. Perma- free bottle of juice, a free packet of at the momentum that we have for this nently killing the death tax creates a some commodity. Class action reform agenda. It is going to be a busy sum- tax policy that supplements economic passed in this body with 279 votes. mer here in Washington, and it is going growth and opportunity and gives hope Fifty of those votes were Democrats. to be a very brisk, aggressive fall. And to future generations. Our small farm- The REAL ID Act, border security, we look forward to continuing to work ers, our Realtors, our small businesses addressing illegal immigration and the on these issues of taxation, of regula- in America only want to pass on what impact illegal immigration has on this tion, the immigration, addressing ille- they have spent generations earning to great Nation. We passed the REAL ID gal immigration, litigation, beginning their families; yet we have a death tax Act which is the first step in this, to continue to address these frivolous now that robs them of that ability. working in concert with many of our lawsuits; and we know that progress is America needs a comprehensive en- State legislatures. They were sup- going to be made on behalf of the ergy policy. This Republican Congress porting us as we moved forward with American people. has passed an energy bill that creates the REAL ID Act to be certain that we I thank the gentlewoman for yielding 1⁄2 million new jobs in a wide range of had valid documents, immigration doc- to me and for inviting me to join her industries. The initiative provides in- uments, used for driver’s licenses. The on the floor. centives for renewable energies and REAL ID Act passed with 261 votes. Ms. FOXX. Mr. Speaker, I thank the leadership in energy conservation. The Forty-two of those were Democrat gentlewoman from Tennessee (Mrs. Energy Policy Act allows for increased votes. BLACKBURN). domestic oil and gas exploration and Permanent repeal of the death tax Now I would like to yield to the gen- development. It aims to decrease which we have passed in this body. We tleman from Texas (Mr. MARCHANT), America’s dependence on foreign oil look forward to seeing that signed into who has come into this Congress along and therefore make our country safer law, because we are looking to roll with me and whom I have come to ap- and more self-reliant. back taxes and free up this economy, preciate so much for his leadership and Republican Members of Congress are continue to free it up. We have had 25 insights. also currently hammering out solu- months of sustained economic growth Mr. MARCHANT. Mr. Speaker, I tions to the looming Social Security and it comes from the tax reductions thank the gentlewoman from North crisis, as well as negotiating a highway that have been passed by this majority. Carolina (Ms. FOXX) for yielding to me. bill that will improve driver safety, One of those is the death tax repeal. An It is a rare privilege for me to be on traffic congestion, and create millions important reason for this is because the floor with her tonight, and it was a of new jobs across America.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.208 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5095 Such progress and achievement for The American people need to know Ms. FOXX. Mr. Speaker, I thank the the well-being of this country can only that Congress is hard at work and deal- gentlewoman from Virginia (Mrs. be attributed to the leadership and ef- ing with problems that have not yet DRAKE) for her comments, and I want fectiveness of congressional Repub- been addressed. Bankruptcy reform and to tell her that I am as distressed licans. I am disappointed that our op- class action lawsuit alone were at least about this ruling as she is. I think that posing party continues to hinder 6 years before those bills were passed. the people of this country are very con- progress and relies on its legislative Last year Congress did not pass a high- cerned with activist courts and are obstructionism. way bill; and this year, as we have very concerned at where the country is I am proud of what we have accom- heard, we are very close to finalizing going as far as judicial rulings, and I plished thus far in the 109th Congress that. want to join her in doing whatever we for the American people. The people of this Nation have ex- possibly can legislatively to stop this Ms. FOXX. Mr. Speaker, I thank the pressed that Congress needed to de- kind of action from being taken. She is gentleman for his comments. mand and require commonsense reform absolutely right. It is one of our most I now yield to the gentlewoman from in regards to our participation and fi- fundamental rights, the right to pri- Virginia (Mrs. DRAKE), who also came nancial support of the U.N. I commend vate property, and it is one of the in with this freshman class and rep- the gentleman from Illinois (Chairman things that has made this country so resents the Second District of Virginia. HYDE) and the House Committee on great. So I look forward to her leader- Mrs. DRAKE. Mr. Speaker, I thank International Relations for their hard ship on this issue. the gentlewoman from North Carolina work. Now the U.S. can require ac- Mr. Speaker, I now yield to the gen- (Ms. FOXX) for her leadership tonight countability and tie payments to it. tleman from Florida (Mr. MARIO DIAZ- and for allowing us to participate here And we now have figures to show how BALART), someone I have come to know with her in this hour. well the Bush tax cuts are working. and admire tremendously, who rep- We have heard from the gentleman Current numbers reflect an additional resents the 25th District of Florida, for from Texas and the gentlewoman from $100 billion in revenue. It shows that his wisdom on the issues we are dis- Tennessee that we are right at our that economic model of allowing peo- cussing tonight. halfway point for the very first year of ple to keep more of their hard-earned Mr. MARIO DIAZ-BALART of Flor- the 109th Congress. I think that the ida. Mr. Speaker, the gentlewoman is gentlewoman from North Carolina money means that they will creates new jobs, they will invest it, and they very kind, and I thank her for yielding would agree with me that it is a very to me. exciting time to serve in Congress. will grow tax dollars for us. But to the gentlewoman from North I too want to join the many who have There are very many major issues that Carolina (Ms. FOXX), who has organized expressed their gratitude for what she face our Nation, and the exciting thing this, Mr. Speaker, as pleased as I am is doing here tonight. But really more is that this Congress is committed to with the progress and accomplishments importantly, if I may, I want to thank dealing with those issues. her for her incredible, passionate lead- We have begun the debate on Social of this Congress, I stand here today with a very heavy heart and am very ership particularly on fighting waste, Security. We will begin the debate on fraud, and abuse that is, unfortunately, Medicaid reform with the commission distressed beyond belief by the action and decision of the Supreme Court still rampant in the Federal budget. that is being formed, a bipartisan com- She has been such a champion, and it today in regards to private property mission. We will work on the total has been a privilege for me to learn rights. issue of health care, Medicare reform, from her, see how she does it, and she illegal immigration. There are just The constitutional right of the gov- ernment to eminent domain to pur- has been extremely effective. So it is many issues that this Congress must truly just wonderful to see how she deal with and is committed to dealing chase private property for public use is a sensitive, difficult issue even when works, and it is wonderful that she is with. giving this Special Order to speak roads, schools, and other public facili- We have heard tonight about some of about issues that are important to the ties are the reason for the rare and the major pieces of legislation that United States of America. have already been passed by both bod- cautious use of this power. But to force ies and enacted into law, from bank- an unwilling private party to sell his b 2030 ruptcy reform to class action lawsuit property for the ultimate use by an- I was listening to the honorable gen- reform to the READ ID Act and the other private party, even if the prop- tlewoman from North Carolina, and she Continuity of Government Act. erty’s intended use is a more produc- was talking about things that have We have also heard about pieces of tive one, is just plain wrong. happened in this Chamber. One of the legislation that were in the works for a The exact words of the dissenting things that is important is to highlight very long time and have now passed opinion are: ‘‘Under the banner of eco- that it is not only legislation that we over to the Senate and we are awaiting nomic development, all private prop- have passed here, but it is legislation, their action. On a national energy erty is now vulnerable to being taken not for the sake of passing legislation, plan, our country knows today how and transferred to another private it is legislation that has had real, con- critical it is that we have a national owner so long as it might be upgraded, crete, positive results for the American energy plan. We can no longer be reli- i.e., given to an owner, who will use it people. Let us look at some of the re- ant on foreign oil, which today is 62 in a way that the legislature deems sults; more than just the legislation, percent of the energy of the oil that is more beneficial to the public in the but the results of that legislation. used in this country. process.’’ Look at, for example, the growth in Other key things that this Congress Mr. Speaker, this decision today ef- the GDP, the gross domestic product. has sent to the Senate is the Child fectively removes the requirement of This is after 9/11. This is after the Interstate Abortion Act, a critical public use from the takings clause of Internet bubble burst. This is after the piece of legislation for our parents and the fifth amendment. With this deci- recession that President Bush inher- our families; Gang Violence Deterrence sion all property owners are at risk. ited when he first got elected. Despite and Protection Act, critical for our My office is currently exploring what all that, because of legislation that the safety in our communities; the flag legislative remedies are available to President led on and that this Congress protection amendment; U.N. reform; ensure that Americans do truly own passed, the GDP, the growth of the and the reauthorization of the PA- their property. economy, has been spectacular. Mr. TRIOT Act. Also, both Houses have I would like to thank the gentle- Speaker, we have had 14 consecutive acted on our highway bill, and that bill woman for yielding to me. I look for- quarters of real growth in the econ- is currently in conference and there ward to continuing to work with her omy, a 3.5 rate in the first quarter of will be a compromise at approximately and adding this additional item to our this year, a 3.5 percent increase in the somewhere around $284 billion for high- plate to make sure that the people of GDP. Again, 14 consecutive quarters of ways, transit, and road safety through our country express the right that our real growth, despite what this Congress 2009, creating countless new jobs and forefathers came here for, to own pri- and our President found itself dealing addressing many transportation needs. vate property. with after 9/11.

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.210 H23JNPT1 H5096 CONGRESSIONAL RECORD — HOUSE June 23, 2005 Look at payroll employment. It rose The President, by the way, has done as a policy, assassinated people. And by 2.2 million jobs during 2004; 2.2 mil- a great job in looking for programs for anybody, anybody to even mention lion jobs that would be unemployed if that are not working. I do not think our troops, our men and women in uni- it was not for the policies of this Con- again it takes a rocket scientist to un- form in that same breath as the Soviet gress, of this majority, and of the derstand that there are Federal pro- gulags, Pol Pot, or the Nazis is, frank- President of the United States. Mr. grams that frankly are just not doing ly, totally unacceptable. I guess he was Speaker, 3.5 million jobs over the past that well, that are just wasting the comparing the hard work of our brave 24 months. Ask those hard-working taxpayers’ money. Once again, I have men and women in uniform to Nazis. Is Americans who now have jobs if the to repeat what I said in the beginning. he equating the treatment of innocent policies that this Congress has pursued I want to thank the gentlewoman from victims in the concentration camps or and passed have not worked for them. North Carolina (Ms. FOXX) for her ef- in the gulags to the humane treatment They have worked for them, and we are forts, particularly in trying to fight that terrorists are getting in Guanta- grateful for the President’s leadership. waste in the Federal Government. namo at the hands of our troops? I think we have to always remind our- The President has also done a great Again, it is totally unacceptable. selves that with a little bit of help, job. He has created this assessment We accept his apology, after he was with a few Democrats, but with the tool called PART. What he has done is forced to apologize, even though he leadership of the Speaker of the House he has gone through every single area first did not want to. We are talking and the Majority party, great things of the Federal budget, the Federal Gov- about the second highest ranking Dem- have happened for our country, for our ernment looking for things that can be ocrat in the U.S. Senate who said those working men and women in our great reduced or eliminated because they are things. So we will accept his apology. I country. not needed, not doing a good job, be- think, though, that we should also de- Look at, again, the fact that unem- cause there are other programs that mand his resignation from that posi- ployment today, right now, is lower are better and less expensive. He has tion of leadership, a position of leader- than it was, than the average of the proposed eliminating a number of pro- ship, the second highest ranking lead- 1970s, the decade of the 1980s and, yes, grams and to shift that money to pro- er, democratic leader in the Senate, even lower than the decade of the 1990s. grams that do work. who compared our troops to the Nazis, Hard to believe that that is possible, We also have to be very proud of the to the Soviet gulags, and to Pol Pot. after 9/11, after the scandals on Wall job that the chairman of the Com- So that is why, Mr. Speaker, I have Street, after the bubble-burst of the mittee on Appropriations is doing, the to tell my colleagues that I was very Internet. Again, that is because of the honorable gentleman from California pleased with coming here tonight and leadership of our President and because (Mr. LEWIS). He has actually cut an in- listening in contrast to the names of of the leadership of this House. credible amount of those duplicative, our fallen heroes. That is the way we The homeownership rate is at record those programs that do not work, that should refer to our troops as heroes, as levels. More people own homes than are proven money-wasters, and has ever in the history of our country and, men and women who guarantee the shifted those funds to programs that do by the way, if we look at minority peace not only of the United States of work. I think, again, we are doing some homeownership also, that is at record America, but of the entire world. They good things. We do get every once in a levels. are heroes that will never be forgotten. Now, we have more to do. We have while, a few, a couple, one or two, And I, for one, have to tell my col- more to do, still, and we are working sometimes three or four, and some- leagues, as I will also never forget hard to do even more. All of us are con- times many more, Democrats who those who insult our heroes, who com- cerned about the deficit. We have to re- come on board and help us with these pare them to Nazis; I will never forget duce the size of the deficit. We know efforts. But, unfortunately, most of the that either. that the President has said, and he has heavy lifting to cut waste, to reduce Mr. Speaker, I thank the gentle- pledged to cut the deficit in half over the deficit, to cut taxes, to incentivize woman from North Carolina (Ms. FOXX) the next five years. The budget that the economy has been done with no for her great leadership, for her impas- this House passed does just that in a help from the opposition party. But, sioned leadership and again, in par- responsible fashion. It gets a handle on fortunately, we have been able to pass ticular, I thank her for really teaching the deficit. It is going to reduce the those issues, and that is why the econ- us a lesson as to what it means to be deficit in half. We do that by control- omy is doing as well as it is doing, and passionate, fighting for the taxpayer ling spending. that is why millions of Americans that against fraud, waste, and abuse in the Hey, folks, this is not rocket science. otherwise would have been unemployed Federal budget. If you are spending too much money, now have jobs. Ms. FOXX. Mr. Speaker, I appreciate that is why you have a deficit, hey, Finally, Mr. Speaker, I just want to so much the gentleman from Florida. what do you do? Spend less. Not rocket end with a separate thought. It is al- He also has great passion for the issues science. Well, that is what we are ways difficult, and I think an honor that he is concerned about, and I am so doing. and a privilege, to listen to the names proud to be serving with him in the But let me tell my colleagues what of our fallen heroes, and we had that 109th Congress. our friends in the Democratic Party tonight, we heard it a little while ago, I agree with him that it is appro- have proposed as their solution to con- and I think it is always something that priate for us to honor our heroes, and trol the deficit. We hear them here on we have to again thank them, thank what happened tonight is a great con- the Floor of the House continuously, their families, and thank God that trast to much that has been said re- and even in the Senate, talking about, there are heroes like them that are cently. oh, the deficit is too high. But then, willing to put even their lives on the Mr. Speaker, I took to the Floor ear- what do they propose? They propose line to protect our freedoms. I have to lier this session to reject Democrat billions and billions and billions of dol- say that I was very pleased to see charges that the Republican Party is lars in additional spending, which Members of this House come on to this out of the mainstream. At the time I would go directly to increase the size floor to mention the names of our he- thought the rhetoric from the other of the deficit. They have done so pub- roes with respect. side of the aisle could not be more par- licly. They have done so with an That, unfortunately, contrasts so tisan, more vitriolic, or more dam- amendment in the Committee on the dramatically, sadly, with the state- aging to America’s credibility abroad. I Budget on which I have the honor of ments by a member of the other party also thought that they would take serving and also here on the Floor of of the U.S. Senate. He recently had to their rhetoric only so far. I never the House. They cannot have it both apologize because he compared our thought that they would take their ways. They cannot be concerned about troops, our men and women in uniform, rhetoric so far as to put our troops in the deficit and then propose billions compared them to the Nazis, to the So- greater danger than they are already and billions of dollars of additional viets and their gulags, to that mad as- in. But, Mr. Speaker, I am sorry to say spending in the Federal budget, spend- sassin, crazy regime of Pol Pot in Cam- I was wrong. From the chair of the ing of Federal dollars. bodia, those regimes that killed people Democrat National Committee to their

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.212 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5097 party leaders in Congress, something get obstruction. Instead of dialogue, we When Democrats controlled the has gone terribly awry. Where are the get rhetoric. House, Republicans were often denied statesmen who put country ahead of b 2045 the right to offer motions to recommit. party? What happened to the party of For those unfamiliar with that term, it Franklin Roosevelt and Harry Truman, And I truly wish this were not the is the last chance for the minority to the party of Daniel Patrick Moynihan case, because now is a time of great re- attach an amendment to a bill under and John F. Kennedy? sponsibility. Now more than ever we consideration by the full House. Last week I was able to take my need a Congress that is serious about When Republicans took control of grandchildren to Arlington National preparing this Nation for the chal- the House, we changed the rules so that Cemetery, and I can tell my colleagues lenges of the century ahead. the minority always has the oppor- And, Mr. Speaker, while Republicans that I could not read the words at the tunity to offer the motion to recom- are happy to continue passing our solu- Eternal Flame spoken by President mit. tion-oriented agenda, I truly wish we Kennedy without getting very, very We have enacted rules governing de- had a partner in the Democratic Party. emotional. I think that President Ken- bate on legislation that have allowed How much more vibrant would our po- nedy’s words are so important for us to for numerous Democratic amendments litical discourse be if we could speak talk about tonight in light of our hav- and substitutes. We responded to de- civilly with each other? How much ing talked about our soldiers who have mands for greater access to legislative more fruitful would this Congress be? given their lives. President Kennedy Nowhere is this clearer than the information and have granted nearly said, ‘‘Ask not what your country can issue of Social Security. We all know every request of the minority. Yet the do for you; ask what you can do for that reforming America’s most hon- Democratic leadership continues to use your country.’’ That is what the brave ored program is more than a hot topic abuse of power as a campaign issue. men and women who are now serving in around here; it is the premier domestic I ask the American people to exam- our military have done. They have issue of our day. And so you would ine the facts, and I also ask the Amer- asked what can they do for their coun- think that all honest attempts at re- ican people to contrast the Republican try. Some of them are giving the ulti- form would be met at the very least record of achievement with the Demo- mate sacrifice. with openmindedness and a desire to cratic record of obstruction, obtuse- But, unfortunately, the party of discuss, but not so. ness, and obliviousness. President Kennedy and the party of When a member of the Democratic I mentioned earlier that when I last these other great patriots seems to be caucus offered his plan to reform So- took to the floor to discuss these mat- gone. It has been replaced by the party cial Security, his own leadership chas- ters, I thought the Democratic leader- of moveon.org and George Soros. A tised him for even bringing an idea and ship could not be further out to sea once proud party with a strong pedi- signaling a willingness to talk with Re- when it comes to the most important gree of ideals and values has devolved publicans. issues facing the Nation. into a festering wound whose only at- Mr. Speaker, it is one thing for Well, it now seems they are some- tributes are hate and obstruction. Democrats to criticize Republican poli- where between the Bermuda Triangle What is worse, Mr. Speaker, is some cies. It is another for them to rep- and the Lost City of Atlantis. You Democrats are proud of their trans- rimand one of their own for simply in- know, Mr. Speaker, I just do not think formation and proclaim it loudly. At a troducing an idea. While I certainly do the leaders of the Democratic Party DNC gathering in New York, the chair- not agree with the policies proposed in here in Washington get it. It has been man of the party said, ‘‘I hate Repub- the gentleman’s legislation, I applaud 4 years since our homeland was at- licans and everything they stand for.’’ him for bucking his party’s reticence. tacked, and they still cannot distin- Well, Mr. Speaker, I do not hate How- He put the needs of the American peo- guish friend from foe, and patriot from ard Dean and I have never heard an- ple before politics. For that he should terrorist. other single Republican say that they be commended; and for their con- From the comments made by mem- hate him, but we do feel sorry for him. demnation of action, the Democrats bers of the Democratic leadership in I feel sorry for those whom he has let should be ashamed. both bodies, it is clear that they are down, the millions of Democrats across For what is the purpose of this body not connected with the realities of the the country whose party he leads. Mr. but to debate solutions to problems war on terror. One said, and I quote, Speaker, unlike Dr. Dean, I do not and then choose the very best among ‘‘the war is unwinnable.’’ Another com- lump all members of the opposition them? And that, Mr. Speaker, is just pared our men and women in uniform party together. I know there are good what House Republicans have been to Soviets and their gulags, unquote. Democrats who possess bright ideas doing. My colleagues have given you a And yet another, perhaps most egre- and patriotic souls. Some of them long list of accomplishments in this giously compared Operation Iraqi Free- might even live and work in this town. session of Congress. We have proposed dom which brought an end to Saddam’s And I feel for them. Their leader be- an agenda with solutions that are reap- ethnic cleansing to the Holocaust. He lieves that the louder he screams, the ing results. said, the war, and I quote, is the big- better people will somehow be able to I am happy to say that on many of gest fraud ever committed on the peo- hear him. But I tell my colleagues this: the most important issues of the day, a ple of this country. This is just as bad soon, people will stop listening. large number of rank-and-file Demo- as the 6 million Jews being killed, un- Mr. Speaker, our two-party system crats have joined us, despite the reluc- quote. works best when both sides bring ideas tance of their leadership. Mr. Speaker, I struggle for the words to the table and hash them out. Yes, In 5 short months, the House has to respond to such comments. The the Majority party tends to win most, passed landmark legislation addressing Washington Democratic establishment if not all the time, but that is what the everything from our roads and high- is simply adrift at a time when our Na- voters intended. I understand this bet- ways to the war on terror. Mr. Speaker, tion is at war and preparing for the ter than most, because I spent 10 years we have heard on numerous occasions next great American century. It is sad in the North Carolina General Assem- from the minority leadership that bills that they are not a part of that prepa- bly in the minority party. are being railroaded through, that sub- ration. And it is deplorable that in What is most important is that the stitutes are not being allowed, that some cases they are actively cam- marketplace of ideas is routinely rules are closed too often. paigning against it. I hope that soon stocked with the freshest and most vi- You have heard already how most of things will change. And I hope it hap- sionary policies each side has to offer. our bills have had Democratic votes. pens before the Democratic Party is I am happy to say Republicans are And nothing could be further from the lost once and for all. doing their job, but I am sorry I cannot truth that our rules are closed. And I Mr. Speaker, I appreciate all of the say the same about the Democrats’ might also add that Democrats are comments that were made by my col- leadership. being treated a great deal better than leagues tonight outlining the very Instead of policy proposals, we get they treated Republicans when we were major successes that have occurred in blank stares. Instead of negotiation, we in the minority. the 109th Congress already. Along with

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.213 H23JNPT1 H5098 CONGRESSIONAL RECORD — HOUSE June 23, 2005 my colleagues, I came to Washington lican Party that cared about the deficit see are tax cuts that go primarily to to get things done. I long for a time and was concerned about rampant millionaires and corporate interests. when the Democratic leadership will spending? Because they have become We see special legislation come up that come to the table and work with Re- the majority now, they can spend gives a tax break to someone who hap- publicans to make policy that has the whatever they want and not worry pens to be, you know, the CEO of a best interests of the American people about the impact on the Federal Gov- major firm. Whether it is pension poli- at heart. ernment over the long term? cies or it is health care policies, every- f In fact what we see is the Republican thing is oriented toward the corporate Party abandoning its ideals, aban- interest or the interests of the wealthy DEMOCRATS ARE IN TOUCH WITH doning it principles for the sake, essen- individuals. THE PEOPLE tially, of just being in the majority and You know, when you talk about defi- The SPEAKER pro tempore (Mr. in control. cits, deficits of the kind that we see POE). Under the Speaker’s announced We have witnessed, as Democrats, ef- now are basically crippling the Amer- policy of January 4, 2005, the gen- forts on the part of the Republicans to ican economy. And I used to think that tleman from New Jersey (Mr. PALLONE) simply exclude us from almost every the Republican Party, like the Demo- is recognized for 60 minutes as the des- aspect of this institution. The gentle- cratic Party, cared about America ignee of the minority leader. woman from North Carolina (Ms. FOXX) first. But that is not the case any Mr. PALLONE. Mr. Speaker, I was who spoke before me suggests that she more. not expecting to come down here to- wanted to get together and work to- Sending jobs overseas is not a prob- night. I did because I was very upset by gether with the Democrats. lem. Outsourcing jobs, setting up free some of the comments that were made How is that possible when Democrats trade agreements that basically allow by my Republican colleagues. are not allowed to have a hearing in other countries to take our jobs, take Many of them said that they were committee, when the committee moves our resources, this is the face now of not here tonight to attack the Demo- forward without allowing Democrats to the Republican Party. And the saddest crats and the Democratic Party. In re- have amendments, when bills come to thing of all, in my opinion, and this is ality, that is exactly what they did. the floor without the opportunity for what I think many of my colleagues, And the negative comments that they Democrats to even speak because the why so many of my colleagues on the were making about Democrats and amount of time that is allowed on the Democratic side were here tonight what we stand for were, frankly, very bill for speaking is very limited or talking about the war and putting up offensive to me, because I have been practically eliminated? the faces of those who had died in the here as a Member of Congress for 17 The fact of the matter is that the Re- war, is that Republicans, from what I years. And I have never seen the Re- publican majority has no interest in remember, used to be very wary of get- publican Party sink to the depths in reaching out to Democrats and hearing ting America involved in overseas con- terms of their attacks on Democrats their views. All they want to do is flicts. and their unwillingness to cooperate force legislation down the throats of Throughout the 20th century, the Re- with the Democrats and their abuse of the Democratic minority and act as if publican Party, in many cases, was power in this institution. in some way they are reaching out, what we call isolationist, meaning that One of the things that disturbs me when in fact they are not. they felt very strongly that we should the most is that I have always thought I heard some of my colleagues on the not get involved overseas, we should that Republicans were very concerned other side of the aisle in the last Spe- not get involved in wars overseas if as a party about spending money and cial Order go on and on about how the they were not in our national interest. about deficits. I remember when I was economy is so wonderful, everything is Many Republican Senators and Mem- first elected to the House of Represent- so rosy, more jobs are being created. I bers of the House of Representatives atives back in 1988. There were a group do not know what fairy land they live would come to the floor throughout the of Republicans who used to come down in. When I go back to New Jersey, all I 20th century, those in leadership roles, on the floor of the House of Represent- hear about from my constituents is and question whether America should atives every night during Special Or- how factories have closed and moved be involved in wars overseas. But we do ders, about this time, and would hold overseas; how jobs have been not see the face of that Republican up a digital clock and talk about the outsourced to other countries in Eu- Party anymore. huge deficits that the Federal Govern- rope and Asia; how people are unem- ment was pursuing and how it contin- ployed, and if they have a job, it does b 2100 ued to go up and how it was necessary not pay as much as it used to; about We just get involved in wars wher- for the Republicans to take the major- how pensions and health care benefits ever it happens to be. We do not worry ity back because they would be the have been reduced. about the rationale for the war. We do only ones that would try to do some- And for the Republican to stand up not worry about the fact that so many thing about the deficit. here tonight and talk about their ac- people died or are wounded or the Well, you do not hear that anymore complishments and how great the econ- amount of resources we spent on the from the Republicans, the party that omy is, they are simply blind to the re- war. historically, at least in the early days alities. At one time, Republicans used My colleagues tonight talked about when I was here, seemed to be so much to look out for the little guy. They war in Afghanistan and Iraq as if it was concerned about deficits, has essen- used to be concerned about what the going to go on for a long time and last tially ignored the issue. average American was doing, whether beyond, who knows, 5, 10, 15, 20 years. I hear my Republican colleague say- or not they had a job, whether or not What is the cost of that? What is the ing that it does not matter what the they, you know, were making an in- cost in terms of Americans lives and deficit is, it does not matter how much come in small-town, in rural America. cost in terms of the resources that we it grows, you know, that it is just some They have forgotten about the little have to spend in Iraq and in other sort of accounting measure and we can guy. places that could be spent on domestic spend all we want and we can go into All their emphasis as a Republican priorities here, educational needs, debt and borrow all we want, and it majority is not on the average Amer- health care needs, housing needs here does not make any difference. ican, but on the well-to-do American, at home as opposed to the billions and In fact, what you find now is Demo- on the millionaire, on the corporate in- billions of dollars that are being spent crats coming down on the floor and terest. What happened to the Repub- in Iraq? holding up the same charts and talking lican Party of Abraham Lincoln, of Do not tell me that we should not about the deficit being at an all-time Theodore Roosevelt, of Ronald Reagan think about how we are going to end high and the negative impact it is hav- for that matter? the Iraq war and how we can end it ing on this government. We did not see anything that comes soon, because every American life that So I say to my Republican col- to this floor that looks out for the in- is lost and every dollar that is spent leagues, what happened to the Repub- terest of the average person. What we over there could possibly, that dollar

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.215 H23JNPT1 June 23, 2005 CONGRESSIONAL RECORD — HOUSE H5099 could be spent here and that life could issues Democrats are right. And, hope- Mr. GINGREY, for 5 minutes, today. be saved. And I would like to know fully, we can forge a bipartisan leader- Mr. FITZPATRICK of Pennsylvania, for what happened to the Republican ship that will address some of these 5 minutes, today. Party that used to question our in- issues in a positive way. But it is only Mr. SOUDER, for 5 minutes, today. volvement overseas, that used to worry going to begin when my colleagues on Mr. KELLER, for 5 minutes, today. about how much we spent, that used to the other side realize that they have to Mr. DUNCAN, for 5 minutes, today. worry about how many lives would be give an opportunity for Democrats to Mr. PETERSON of Pennsylvania, for 5 lost, that suggested that we should speak, that they cannot abuse the minutes, today. only be involved in overseas wars if our power of their majority. And we are f national interest was at stake? I do not not there yet, but hopefully we can be ADJOURNMENT hear about that Republican Party any- in the next few weeks or the next few more. months before this session of Congress Mr. PALLONE. Mr. Speaker, I move War is supposed to be a last resort. is over. that the House do now adjourn. The motion was agreed to; accord- Many Republicans used to say that. f They do not say that anymore. ingly (at 9 o’clock and 4 minutes p.m.), So I will say to my colleagues on the LEAVE OF ABSENCE the House adjourned until tomorrow, other side of the aisle, it is not the By unanimous consent, leave of ab- Friday, June 24, 2005, at 9 a.m. Democratic Party that has changed. sence was granted to: f The Democratic Party is still looking Mr. BOYD (at the request of Ms. EXECUTIVE COMMUNICATIONS, out for the little guy. The Democratic PELOSI) for today. ETC. Party is still concerned about our Ms. HARMAN (at the request of Ms. Under clause 8 of rule XII, executive economy and our jobs and putting PELOSI) for today after 2:00 p.m. and communications were taken from the America first. It is the Republican the balance of the week. Speaker’s table and referred as follows: Party that, in fact, has lost sight of Mr. UDALL of New Mexico (at the re- that with the Republican leadership quest of Ms. PELOSI) for today after 2:45 2444. A letter from the Acting Chair, Fed- eral Subsistence Board, Department of the that we see here running the House of p.m. and the balance of the week on ac- count of business in the district. Interior, transmitting the Department’s Representatives. final rule — Subsistence Management Regu- Mr. REYES (at the request of Ms. And I could go on and on. I do not lations for Public Lands in Alaska, Subpart really seek to, because I am not inter- PELOSI) for today and the balance of C and Subpart D — 2005-06 Subsistence Tak- ested in being negative. I would rather the week on account of official busi- ing of Fish and Wildlife Regulations (RIN: be positive. I would like to see the day ness. 1018-AT70) received June 16, 2005, pursuant to when we get together and work on Mr. BASS (at the request of Mr. 5 U.S.C. 801(a)(1)(A); to the Committee on issues together. But the only way that DELAY) for today after noon on ac- Resources. that can happen is if the Republican count of attending his daughter Lucy’s 2445. A letter from the Secretary, Depart- graduation from the eighth grade. ment of Commerce, transmitting the bien- majority and its leadership allows the nial report regarding the activities of the Mr. TOM DAVIS of Virginia (at the re- Democrats to participate, allows the National Oceanic and Atmospheric Adminis- Democrats to provide ideas, allows quest of Mr. DELAY) for today and the tration’s Chesapeake Bay Office Activities, Democrats to speak, allows Democrats balance of the week on account of per- pursuant to Section 307(b)(7) of the NOAA to propose amendments. That is not sonal reasons. Authorization Act of 1992; to the Committee what we are seeing. Mrs. WILSON of New Mexico (at the on Resources. It was very interesting tonight be- request of Mr. DELAY) for today after 2446. A letter from the Acting Director, Of- cause when we had the first Special 3:00 p.m. and the balance of the week fice of Sustainable Fisheries, NMFS, Na- tional Oceanic and Atmospheric Administra- Order and we began to read the names on account of attending a hearing at Cannon Air Force Base in Clovis, New tion, transmitting the Administration’s final of those soldiers who had died in Iraq, rule — Fisheries of the Northeastern United there were both Democrats and Repub- Mexico, with members of the Base Re- States; Summer Flounder Fishery; Quota licans on the floor. It was my col- alignment and Closure Commission. Transfer [Docket No. 041110317-4364-02; I.D. league, the gentleman from North f 030305D] received May 19, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Re- Carolina (Mr. JONES) who voted for the SPECIAL ORDERS GRANTED war but says now that it is time to get sources. By unanimous consent, permission to 2447. A letter from the Acting Director, Of- out. And I think what is beginning to address the House, following the legis- fice of Sustainable Fisheries, NMFS, Na- happen here is that there are some Re- lative program and any special orders tional Oceanic and Atmospheric Administra- publicans who are beginning to realize heretofore entered, was granted to: tion, transmitting the Administration’s final the Democrats are right; that it is time (The following Members (at the re- rule — Fisheries of the Northeastern United for us to get out of Iraq; that we have States; Summer Flounder Fishery; Commer- quest of Mr. MCNULTY) to revise and to have an exit strategy; that there is cial Quota Harvested for North Carolina extend their remarks and include ex- too much abuse of power on the part of [Docket No. 031119283-4001-05; I.D. 122204F] re- traneous material:) the Republican majority; that in fact ceived May 19, 2005, pursuant to 5 U.S.C. Mr. CHANDLER, for 5 minutes, today. too much of Republican policy is aimed 801(a)(1)(A); to the Committee on Resources. Mr. DEFAZIO, for 5 minutes, today. 2448. A letter from the Acting Director, Of- towards helping the millionaire and Mr. SCHIFF, for 5 minutes, today. fice of Sustainable Fisheries, NMFS, Na- the big-shot rather than the little guy; Ms. WOOLSEY, for 5 minutes, today. tional Oceanic and Atmospheric Administra- that there is too much emphasis on the Mr. MCDERMOTT, for 5 minutes, tion, transmitting the Administration’s final Republican side in terms of Republican today. rule — Fisehries of the Exclusive Economic policy about worrying about free trade Mr. DAVIS of Illinois, for 5 minutes, Zone Off Alaska; Alaska Plaice in the Bering and whether or not we can get some- today. Sea and Aleutian Islands Managements Area thing cheaper done overseas instead of [DOcket No. 041126332-5039-02; I.D. 050605D] Ms. CORRINE BROWN of Florida, for 5 received May 19, 2005, pursuant to 5 U.S.C. trying to protect a job for Americans minutes, today. 801(a)(1)(A); to the Committee on Resources. here at home. Ms. CARSON, for 5 minutes, today. 2449. A letter from the Deputy Assistant And there are some Republicans who Mrs. JONES of Ohio, for 5 minutes, Administrator for Operations, NMFS, Na- have expressed interest and concern today. tional Oceanic and Atmospheric Administra- about the deficit and the crippling im- (The following Members (at the re- tion, transmitting the Administration’s final pact it has on the economy and, in quest of Mr. DUNCAN) to revise and ex- rule — Fisheries of the Northeastern United fact, that the economy is not that tend their remarks and include extra- States; Northeast (NE) Multispecies Fishery; good. So there is hope here. neous material:) Framework Adjustment 40B [Docket No. I would like to end on a positive note 050314072-5126-02; I.D. 030705D] (RIN: 0648- Mr. OSBORNE, for 5 minutes, today. AS33) received June 9, 2005, pursuant to 5 because I do believe that there are Mr. WELDON of Florida, for 5 minutes, U.S.C. 801(a)(1)(A); to the Committee on Re- members of the Republican Party, my today. sources. colleagues on the other side, that now Mr. GUTKNECHT, for 5 minutes, June 2450. A letter from the Chief, Regulations realize that on many of these policy 30. and Administrative Law, USCG, Department

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JN7.218 H23JNPT1 H5100 CONGRESSIONAL RECORD — HOUSE June 23, 2005 of Homeland Security, transmitting the De- PUBLIC BILLS AND RESOLUTIONS By Mr. MCKEON: H.R. 3053. A bill to remediate groundwater partment’s final rule — Drawbridge Oper- Under clause 2 of rule XII, public ation Regulations; Galveston Channel, Gulf contamination caused by perchlorates in the Intracoastal Waterway, Galveston, Texas bills and resolutions were introduced city of Santa Clarita, California; to the Com- [CGD08-05-035] received June 8, 2005, pursuant and severally referred, as follows: mittee on Transportation and Infrastruc- to 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. TIBERI (for himself and Mr. ture. Transportation and Infrastructure. SCOTT of Georgia): By Mr. SAXTON: 2451. A letter from the Chief, Regulations H.R. 3043. A bill to authorize the Secretary H.R. 3054. A bill to amend the Federal and Administrative Law, USCG, Department of Housing and Urban Development to carry Credit Reform Act of 1990 to require appro- of Homeland Security, transmitting the De- out a pilot program to insure zero-downpay- priations to cover the estimated subsidy partment’s final rule — Drawbridge Oper- ment mortgages for one-unit residences; to costs of monetary resources provided by the ation Regulations; Atlantic Intracoastal Wa- the Committee on Financial Services. United States Government to the Inter- terway, mile 1012.6, North Palm Beach, Palm By Ms. LORETTA SANCHEZ of Cali- national Monetary Fund, and for other pur- Beach County, FL. [CGD07-05-044] (RIN: 1625- fornia: poses; to the Committee on the Budget, and AA09) received June 8, 2005, pursuant to 5 H.R. 3044. A bill to amend chapter 47 of in addition to the Committee on Financial U.S.C. 801(a)(1)(A); to the Committee on title 10, United States Code (the Uniform Services, for a period to be subsequently de- termined by the Speaker, in each case for Transportation and Infrastructure. Code of Military Justice), to provide stand- 2452. A letter from the Chief, Regulations ards for the use of military commissions for consideration of such provisions as fall with- and Administrative Law, USCG, Department the trial of offenses under the law of war or in the jurisdiction of the committee con- of Homeland Security, transmitting the De- in furtherance of international terrorism; to cerned. partment’s final rule — Drawbridge Oper- the Committee on Armed Services. By Mr. STARK (for himself, Mr. ABER- CROMBIE, Mr. BERMAN, Mr. BRADY of ation Regulation; White River, Augusta, Ar- By Mr. DELAY (for himself and Mr. Pennsylvania, Mr. BROWN of Ohio, kansas [CGD08-05-030] (RIN: 1625-AA09) re- JEFFERSON): Mrs. CHRISTENSEN, Mr. CONYERS, Mr. ceived June 8, 2005, pursuant to 5 U.S.C. H.R. 3045. A bill to implement the Domini- CROWLEY, Mr. CUMMINGS, Mr. DAVIS 801(a)(1)(A); to the Committee on Transpor- can Republic-Central America-United States of Illinois, Mr. DOGGETT, Mr. ENGEL, tation and Infrastructure. Free Trade Agreement; to the Committee on 2453. A letter from the Chief, Regulations Ways and Means. Mr. FALEOMAVAEGA, Mr. FILNER, Mr. and Administrative Law, USCG, Department By Ms. DELAURO (for herself, Ms. ROS- GUTIERREZ, Mr. HINCHEY, Mr. JEFFER- of Homeland Security, transmitting the De- LEHTINEN, Ms. JACKSON-LEE of Texas, SON, Mr. KILDEE, Mr. KUCINICH, Ms. LEE, Mrs. MCCARTHY, Mr. partment’s final rule — Drawbridge Oper- Mr. OWENS, and Mr. MCGOVERN): MCDERMOTT, Mr. MCGOVERN, Ms. ation Regulations; Port Allen Canal, Morley, H.R. 3046. A bill to amend the Public MILLENDER-MCDONALD, Mr. PALLONE, Louisiana [CGD08-05-036] received June 8, Health Service Act to deem certain training Mr. RANGEL, Mr. RUSH, Mr. RYAN of 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the in geriatric medicine or geriatric psychiatry Ohio, Ms. SCHAKOWSKY, Mr. SHERMAN, Committee on Transportation and Infra- to be obligated service for purposes of the Mr. VAN HOLLEN, Mr. WEINER, Mr. structure. National Health Service Corps Loan Repay- 2454. A letter from the Chief, Regulations ment Program, and for other purposes; to WEXLER, and Ms. WOOLSEY): H.R. 3055. A bill to amend the Social Secu- and Administrative Law, USCG, Department the Committee on Energy and Commerce. By Ms. DELAURO (for herself and Mr. rity Act to guarantee comprehensive health of Homeland Security, transmitting the De- care coverage for all children born after 2006; partment’s final rule — Safety Zone; Presque PLATTS): H.R. 3047. A bill to amend title XVIII of the to the Committee on Ways and Means, and in Isle Bay, Dobbins Landing, Erie, PA [CGD09- addition to the Committee on Energy and 05-016] (RIN: 1625-AA00) received June 8, 2005, Social Security Act to provide for expanded coverage of paramedic intercept services Commerce, for a period to be subsequently pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- under the Medicare Program; to the Com- determined by the Speaker, in each case for mittee on Transportation and Infrastruc- mittee on Energy and Commerce, and in ad- consideration of such provisions as fall with- ture. dition to the Committee on Ways and Means, in the jurisdiction of the committee con- 2455. A letter from the Chief, Regulations cerned. and Administrative Law, USCG, Department for a period to be subsequently determined by the Speaker, in each case for consider- By Mr. MILLER of Florida (for himself, of Homeland Security, transmitting the De- Mr. SESSIONS, Mr. FOLEY, Mr. MUR- partment’s final rule — Safety Zone; Roch- ation of such provisions as fall within the ju- risdiction of the committee concerned. PHY, Mr. SAXTON, Mr. BISHOP of New ester Harbor Fireworks, Rochester, NY York, Mr. BURTON of Indiana, Ms. [CGD09-05-017] (RIN: 1625-AA00) received By Mr. FRANK of Massachusetts: H.R. 3048. A bill to require the Secretary of WATSON, Mr. WILSON of South Caro- June 8, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); the Treasury to retain indefinitely records lina, Mr. BARTLETT of Maryland, Mr. to the Committee on Transportation and In- (including images) of redeemed savings BILIRAKIS, Mr. SHIMKUS, Mr. TAYLOR frastructure. bonds; to the Committee on Ways and of Mississippi, Mr. SIMMONS, Mr. f Means. OBERSTAR, Mr. SCHWARZ of Michigan, Mr. SHAW, Mr. KING of New York, Ms. REPORTS OF COMMITTEES ON By Mr. GREEN of Wisconsin: H.R. 3049. A bill to amend section 42 of title GINNY BROWN-WAITE of Florida, Ms. PUBLIC BILLS AND RESOLUTIONS 18, United States Code, popularly known as WASSERMAN SCHULTZ, Mr. ISRAEL, Under clause 2 of rule XIII, reports of the Lacey Act, to add certain species of carp Mr. JONES of North Carolina, Mr. committees were delivered to the Clerk to the list of injurious species that are pro- HERGER, Ms. HARRIS, Mr. HAYES, Mr. for printing and reference to the proper hibited from being imported or shipped; to BOOZMAN, Mr. BROWN of South Caro- lina, Mr. MCCAUL of Texas, Mr. calendar, as follows: the Committee on the Judiciary. By Mrs. JOHNSON of Connecticut (for WAMP, Mr. HAYWORTH, Mr. TURNER, Mr. POMBO: Committee on Resources. herself, Mr. TOWNS, Mrs. BONO, Mr. Mr. RADANOVICH, Ms. CORRINE BROWN H.R. 362. A bill to designate the Ojito Wilder- KOLBE, Mr. SIMMONS, and Mr. SHAYS): of Florida, Ms. KILPATRICK of Michi- ness Study Area as wilderness, to take cer- H.R. 3050. A bill to amend title XXI of the gan, Mr. SNYDER, Mr. YOUNG of Alas- tain land into trust for the Pueblo of Zia, Social Security Act to provide grants to pro- ka, Mr. AKIN, Mr. GREEN of Wis- and for other purposes; with an amendment mote innovative outreach and enrollment consin, Mr. TIAHRT, Ms. BORDALLO, (Rept. 109–149). Referred to the Committee of under the Medicaid and State children’s Mr. BUYER, Mr. FOSSELLA, Mr. SUL- the Whole House on the State of the Union. health insurance programs, and for other LIVAN, Mr. CRENSHAW, Mr. RAHALL, Mr. POMBO: Committee on Resources. purposes; to the Committee on Energy and Mr. ORTIZ, and Mr. DAVIS of Ten- H.R. 1797. A bill to provide for equitable com- Commerce. nessee): pensation to the Spokane Tribe of Indians of By Mr. KOLBE: H. Con. Res. 188. Concurrent resolution the Spokane Reservation for the use of tribal H.R. 3051. A bill to provide for a land ex- honoring the members of the United States land for the production of hydropower by the change involving certain Bureau of Land Air Force who were killed in the June 25, Grand Coulee Dam, and for other purposes; Management lands in Pima County, Arizona, 1996, terrorist bombing of the Khobar Towers (Rept. 109–150). Referred to the Committee of for the purpose of consolidating Federal land United States military housing compound the Whole House on the State of the Union. ownership within the Las Cienegas National near Dhahran, Saudi Arabia; to the Com- Mr. BOEHLERT: Committee on Science. Conservation Area, and for other purposes; mittee on Armed Services. H.R. 2364. A bill to establish a Science and to the Committee on Resources. By Mr. BLUMENAUER (for himself, Technology Scholarship Program to award By Mr. LOBIONDO (for himself, Mr. Mr. INSLEE, Mr. DEFAZIO, Mr. WAL- scholarships to recruit and prepare students SAXTON, Mr. SMITH of New Jersey, DEN of Oregon, Mr. WU, Ms. HOOLEY, for careers in the National Weather Service and Mr. ANDREWS): Mr. SMITH of Washington, Mr. and in National Oceanic and Atmospheric H.R. 3052. A bill to direct the Secretary of LARSEN of Washington, Mr. DICKS, Administration marine research, atmos- Veterans Affairs to expand the capability of Mr. MCDERMOTT, Miss MCMORRIS, Mr. pheric research, and satellite programs; with the Department of Veterans Affairs to pro- HASTINGS of Washington, Mr. an amendment (Rept. 109–151). Referred to vide for the medical care needs of veterans in REICHERT, and Mr. BAIRD): the Committee of the Whole House on the southern New Jersey; to the Committee on H. Con. Res. 189. Concurrent resolution State of the Union. Veterans’ Affairs. honoring the Native American tribes of the

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Pacific Northwest and the Treaties of 1855 H.R. 1259: Mr. LIPINSKI, Mr. TERRY, Mr. H.R. 2874: Mr. EDWARDS. between these tribes and the United States EVANS, Mr. DAVIS of Alabama, and Mr. BACA. H.R. 2877: Mr. KUCINICH. of America; to the Committee on Resources. H.R. 1282: Mr. DAVIS of Alabama and Ms. H.R. 2891: Mr. WYNN, Mr. GRIJALVA, and By Mr. SMITH of New Jersey (for him- HERSETH. Mr. WATT. self, Mr. WOLF, Mr. CARDIN, Mr. H.R. 1288: Mr. BOSWELL, Mr. CARDOZA, Mr. H.R. 2923: Mr. FORTUN˜ O. PITTS, and Mr. MCINTYRE): COOPER, Mr. COSTELLO, Mr. MOLLOHAN, Mr. H.R. 2945: Mr. MEEKS of New York, Mr. H. Con. Res. 190. Concurrent resolution ex- RAHALL, Mr. BOEHNER, Mr. CHOCOLA, Mr. MCDERMOTT, and Mr. BUTTERFIELD. pressing the sense of the Congress that the CAMP, and Mr. NEY. H.R. 2947: Mr. MCGOVERN. Russian Federation should fully protect the H.R. 1298: Mr. WOLF. H.R. 2948: Mr. MORAN of Kansas. freedoms of all religious communities with- H.R. 1306: Mr. GREEN of Wisconsin, Mr. H.R. 3011: Mr. DEAL of Georgia, Mrs. out distinction, whether registered and un- HENSARLING, Mr. RADANOVICH, Mrs. EMERSON, BLACKBURN, and Mr. MURPHY. registered, as stipulated by the Russian Con- Mr. FILNER, Mr. TANCREDO, Mr. BRADY of H.R. 3041: Mr. ETHERIDGE. stitution and international standards; to the Texas, Mr. CANTOR, Mr. PORTER, Mr. JONES H. Con. Res. 38: Mr. NORWOOD. Committee on International Relations. of North Carolina, Mr. BONNER, Mr. HOEK- H. Con. Res. 140: Mr. CHABOT, Mr. SIMMONS, By Ms. DELAURO (for herself, Mr. STRA, Mr. REHBERG, Mr. MCCOTTER, Mrs. Mr. BASS, Mr. MORAN of Kansas, and Mr. BROWN of Ohio, Mr. NADLER, Mr. MUSGRAVE, Mr. SENSENBRENNER, Ms. GRANG- BUYER. HONDA, Ms. MCCOLLUM of Minnesota, ER, Mr. DOOLITTLE, Mr. PAYNE, Ms. GINNY H. Res. 158: Mr. SERRANO. and Mr. SHERWOOD): BROWN-WAITE of Florida, Mr. KENNEDY of H. Res. 175: Mr. ANDREWS and Mr. HOLT. H. Res. 338. A resolution recognizing the Minnesota, and Mr. JENKINS. H. Res. 209: Mr. NEUGEBAUER. importance of sports in fostering the leader- H.R. 1308: Mr. GILLMOR. H. Res. 246: Mr. PRICE of North Carolina. ship ability and success of women; to the H.R. 1312: Ms. DEGETTE and Mr. GUTIERREZ. H. Res. 259: Mr. DAVIS of Alabama and Mr. Committee on Government Reform. H.R. 1378: Mr. WAMP. MENENDEZ. H.R. 1380: Mr. ROTHMAN, Mr. CUMMINGS, H. Res. 312: Mr. CALVERT, Mr. OBERSTAR, f and Mr. GILLMOR. and Mr. GILLMOR. ADDITIONAL SPONSORS H.R. 1395: Mr. WAMP. H. Res. 316: Mrs. MCCARTHY, Mr. PAYNE, H.R. 1415: Mr. CUMMINGS. Mr. HOLT, and Mr. STARK. Under clause 7 of rule XII, sponsors H.R. 1426: Mr. HAYWORTH and Mr. EVANS. H. Res. 317: Mr. PAYNE, Ms. BORDALLO, Mr. were added to public bills and resolu- H.R. 1443: Mr. UDALL of Colorado, Mr. FOLEY, Mr. MCHENRY, Mr. KLINE, and Mr. tions as follows: PAYNE, and Mr. NADLER. BISHOP of Georgia. H.R. 1446: Mr. WAMP. H.R. 13: Mr. GINGREY. H. Res. 325: Mr. BERMAN, Mr. HINCHEY, Mr. H.R. 1498: Mr. ALEXANDER and Mr. GENE H.R. 65: Ms. HARRIS. BROWN of South Carolina, and Mr. CROWLEY. GREEN of Texas. H.R. 98: Mr. WILSON of South Carolina. H. Res. 332: Mr. CASTLE and Mr. SAXTON. H.R. 1517: Mr. HASTINGS of Washington. H.R. 278: Ms. HARRIS. H. Res. 333: Mr. PITTS, Mr. ROHRABACHER, H.R. 1591: Mr. HOEKSTRA, Ms. WOOLSEY, and H.R. 282: Mr. SHUSTER, Mr. SODREL, and Mr. MENENDEZ, Mr. BURTON of Indiana, Ms. Mr. CARDIN. Mrs. CAPITO. MCCOLLUM of Minnesota, Mr. BERMAN, Ms. H.R. 1602: Mr. MCKEON. H.R. 297: Mr. GUTIERREZ. WATSON, Mr. FALEOMAVAEGA, Mr. LEACH, Mr. H.R. 1632: Mr. BOOZMAN, Mrs. JO ANN DAVIS H.R. 302: Ms. LEE and Ms. WOOLSEY. CARDOZA, Mr. CROWLEY, Mr. CHABOT, Mr. of Virginia, Mr. PLATTS, and Mrs. H.R. 457: Mr. SMITH of New Jersey, Mrs. MCCOTTER, Mr. PENCE, and Mr. CHANDLER. CHRISTENSEN. CHRISTENSEN, and Mr. WOLF. H.R. 1652: Ms. VELA´ ZQUEZ. H.R. 509: Mr. DAVIS of Illinois. H.R. 1668: Mr. JEFFERSON, Mr. MCNULTY, f H.R. 510: Mr. JEFFERSON. and Ms. MATSUI. H.R. 588: Mr. BEAUPREZ and Mr. OWENS. H.R. 1671: Mr. BARROW. DELETION OF SPONSORS FROM H.R. 772: Mr. EMANUEL, Mrs. JONES of Ohio, H.R. 1704: Mrs. NORTHUP. Mr. MELANCON, Mrs. CAPITO, and Mr. CROW- PUBLIC BILLS AND RESOLUTIONS H.R. 1709: Mr. FARR, Ms. CORRINE BROWN of LEY. Florida, Mr. UDALL of New Mexico, Mr. Under clause 7 of rule XII, sponsors H.R. 817: Mr. OXLEY, Ms. DELAURO, Ms. DAVIS of Illinois, Ms. WASSERMAN SCHULTZ, were deleted from public bills and reso- KILPATRICK of Michigan, Mrs. MALONEY, Mr. Mr. RANGEL, Mr. SCOTT of Virginia, Mrs. lutions as follows: ROGERS of Michigan, Mr. TOWNS, Mr. CHRISTENSEN, and Mrs. MALONEY. PALLONE, Ms. WASSERMAN SCHULTZ, Mr. H.R. 415: Ms. WOOLSEY. H.R. 1722: Mr. GERLACH. H.R. 2567: Mr. FARR. RUSH, Mr. FITZPATRICK of Pennsylvania, Mr. H.R. 1898: Mr. CHOCOLA. SHERMAN, Mr. WYNN, Mr. SNYDER, Ms. EDDIE H.R. 1973: Mr. MCGOVERN. BERNICE JOHNSON of Texas, Mr. UDALL of Col- H.R. 2014: Mr. SALAZAR, Mr. FILNER, and f orado, Mrs. NAPOLITANO, Ms. MATSUI, Ms. Mrs. CHRISTENSEN. KAPTUR, Mr. EMANUEL, Mr. HINCHEY, and Ms. H.R. 2133: Mr. BERMAN. AMENDMENTS LORETTA SANCHEZ of California. H.R. 2134: Mr. KILDEE. H.R. 822: Ms. CARSON and Mr. GUTIERREZ. H.R. 2209: Mr. BARROW and Mr. PRICE of Under clause 8 of rule XVIII, pro- H.R. 831: Mr. BISHOP of Georgia. North Carolina. posed amendments were submitted as H.R. 887: Mr. EDWARDS. H.R. 2218: Mr. ROTHMAN. follows: H.R. 899: Mr. SOUDER. H.R. 2229: Mrs. CAPITO. H.R. 3010 H.R. 916: Mrs. JONES of Ohio, Mr. HULSHOF, H.R. 2259: Mr. SHERMAN. Ms. HERSETH, Mr. DELAHUNT, Mr. SHERMAN, H.R. 2291: Mrs. CHRISTENSEN. OFFERED BY: MR. KING OF IOWA and Mr. DAVIS of Illinois. H.R. 2327: Mr. MCGOVERN. AMENDMENT NO. 26: At the end of the bill H.R. 920: Mr. NEUGEBAUER. H.R. 2328: Mr. BISHOP of Georgia. (before the short title), insert the following: H.R. 923: Mr. DAVIS of Illinois. H.R. 2357: Mr. BISHOP of Georgia. SEC. lll None of the funds made avail- H.R. 930: Mrs. BONO. H.R. 2423: Mr. DEAL of Georgia and Mr. able in this Act may be used to reimburse, or H.R. 976: Ms. HARRIS, Ms. JACKSON-LEE of CONAWAY. provide reimbursement, for Viagra, Levitra, Texas, Mr. BOUSTANY, and Mr. LAHOOD. H.R. 2512: Mr. OWENS. or Cialis. H.R. 994: Mr. INGLIS of South Carolina, Mr. H.R. 2533: Mr. STRICKLAND. H.R. 3010 SNYDER, Ms. DEGETTE, Ms. WASSERMAN H.R. 2567: Ms. HARMAN, Mr. MCGOVERN, and SCHULTZ, Mr. CLAY, Mr. KENNEDY of Rhode Mr. CALVERT. OFFERED BY: MR. KING OF IOWA Island, Mrs. BONO, Mr. FRELINGHUYSEN, Mr. H.R. 2642: Mr. OWENS and Mr. HOLDEN. AMENDMENT NO. 27: At the end of the bill BARROW, and Mr. BARRETT of South Carolina. H.R. 2648: Mrs. MALONEY. (before the short title), insert the following: H.R. 1055: Mr. WAMP. H.R. 2717: Mr. PRICE of North Carolina. SEC. lll. None of the funds made avail- H.R. 1056: Mr. WAMP. H.R. 2730: Mr. ANDREWS, Mrs. MCCARTHY, able in this Act may be used to reimburse, or H.R. 1124: Mr. PASTOR. Mr. GRIJALVA, Mr. HOLT, and Ms. ROS- provide reimbursement, for drugs prescribed H.R. 1132: Mr. SOUDER. LEHTINEN. for the treatment of impotence. H.R. 1167: Mr. CONAWAY. H.R. 2739: Ms. LEE. H.R. 3010 H.R. 1186: Mrs. DRAKE and Mr. WILSON of H.R. 2793: Mr. BOSWELL. South Carolina. H.R. 2794: Ms. KAPTUR, Mr. CASE, Miss OFFERED BY: MR. KING OF IOWA H.R. 1201: Mr. MURTHA. MCMORRIS, Mr. CHANDLER, Mr. BISHOP of AMENDMENT NO. 28: At the end of the bill H.R. 1214: Mr. INSLEE. Utah, Mr. ABERCROMBIE, and Mrs. WILSON of (before the short title) insert the following: H.R. 1216: Mr. PLATTS. New Mexico. SEC. lll. None of the funds made avail- H.R. 1220: Ms. CORRINE BROWN of Florida, H.R. 2803: Mr. RANGEL and Mr. WICKER. able under this Act to the Department of Mr. SNYDER, and Mr. KOLBE. H.R. 2804: Mr. BARRETT of South Carolina. Education may be expended in contravention H.R. 1227: Mr. BRADLEY of New Hampshire. H.R. 2811: Mr. MEEKS of New York. of section 505 of the Illegal Immigration Re- H.R. 1232: Mr. UDALL of Colorado. H.R. 2834: Mr. GRIJALVA. form and Responsibility Act of 1996 (8 U.S.C. H.R. 1246: Mr. LANTOS. H.R. 2861: Mr. WAXMAN. 1623).

VerDate Aug 04 2004 01:55 Jun 25, 2005 Jkt 039060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\CR\FM\L23JN7.100 H23JNPT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, JUNE 23, 2005 No. 85 Senate The Senate met at 9 a.m. and was appoint the Honorable JOHNNY ISAKSON, a last night, following completion of the called to order by the Honorable JOHN- Senator from the State of Georgia, to per- bill, hopefully tomorrow, we would NY ISAKSON, a Senator from the State form the duties of the Chair. begin the Interior appropriations bill. of Georgia. TED STEVENS, The Democratic leader and I will be President pro tempore. having more to say about that. PRAYER Mr. ISAKSON thereupon assumed the f The Chaplain, Dr. Barry C. Black, of- Chair as Acting President pro tempore. fered the following prayer: f IRAQI PRIME MINISTER Let us pray. RECOGNITION OF MAJORITY Mr. FRIST. Mr. President, this morn- O Lord, our Lord, how excellent is LEADER ing I have the honor of meeting with Your name in all the Earth. You have Iraqi Prime Minister Ibrahim al-Jafari. The ACTING PRESIDENT pro tem- set Your glory above the Heavens. The Prime Minister is in the United pore. The majority leader is recog- Lord, we thank You for blessing our States to meet with President Bush nized. land with productivity and protection. and other Washington leaders to dis- May we never take these gifts for f cuss the next steps in Iraq’s transition granted. SCHEDULE to a free and democratic society. I have Use our Senators as Your instru- Mr. FRIST. Mr. President, this morn- not yet met the Prime Minister. I look ments across the world to fill the emp- forward to doing so in the next couple tiness in the lives of others. Lead them ing we will resume debate on the En- ergy bill, with the time equally divided of hours. to make sacrifices that others may find The Prime Minister deserves great freedom. Open their minds to divine until the cloture vote, which is sched- uled for 10 a.m., about an hour from praise for his leadership. He has principles, holy directives, and undeni- worked hard as Prime Minister to able truths as they seek to respond to now. I expect that cloture will be in- reach out across ethnic and religious a world in need. voked on the bill today. We have now lines. Because of his efforts, Iraq is led Lord, move each of us with Your debated the bill and the amendments power to comfort the sorrowful, for almost 2 weeks, and it is time that by a transitional government that in- strengthen the tempted, inspire the we move toward final passage, which I cludes ministers from each of Iraq’s faithful and to save the lost. We pray hope and believe will be today. ethnic and religious groups. this in Your Holy Name. Amen. Senators DOMENICI and BINGAMAN The Prime Minister’s steady leader- have been on the floor and available to ship has been inspiring. Next Tuesday, f consider amendments during the entire 5 days from now, June 28, will mark the PLEDGE OF ALLEGIANCE 2-week process. I congratulate them on 1-year anniversary of the transfer of The Honorable JOHNNY ISAKSON led moving this bill forward in a very effi- sovereignty from the Coalition Provi- the Pledge of Allegiance, as follows: cient and timely way. sional Authority to a sovereign Iraqi I pledge allegiance to the Flag of the I do hope that once cloture is in- Government. Since then, Iraq has United States of America and to the Repub- voked, we will find a way to bring this fought the insurgency with determina- lic for which it stands, one nation under God, bill to completion this afternoon or tion as it has undergone truly remark- indivisible, with liberty and justice for all. evening. As I mentioned last night be- able changes. Perhaps none was more f fore closing, if Members do cooperate remarkable than the elections on Janu- APPOINTMENT OF ACTING and show restraint with their amend- ary 31. On that day, 8 million Iraqis PRESIDENT PRO TEMPORE ments, we could certainly finish at a cast their votes for the first democrat- reasonable hour, and I hope we will ac- ically elected national assembly in The PRESIDING OFFICER. The complish that. If Members wait and more than 50 years. They came on foot, clerk will please read a communication come forward at the very last minute, they came by car and some even came to the Senate from the President pro it will be necessary to stay here until by wagon. They defied all manner of tempore (Mr. STEVENS). very late tonight, indeed until tomor- terrorist threat and terrorist intimida- The assistant legislative clerk read row. So it really is up to us how we tion. the following letter: handle it. I encourage our colleagues to It was truly extraordinary. No one U.S. SENATE, come to the floor and talk to the man- who saw the images of those brave citi- PRESIDENT PRO TEMPORE, zens emerging from the polling sta- Washington, DC, June 23, 2005. agers as soon as possible if they wish to To the Senate: offer their amendments. tions, holding aloft those stained, blue- Under the provisions of rule I, paragraph 3, I do think we are on the glidepath to inked fingers, could help but be moved of the Standing Rules of the Senate, I hereby completing this bill. As I mentioned and inspired. While the task of forming

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

S7203

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VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7204 CONGRESSIONAL RECORD — SENATE June 23, 2005 a government has taken much longer Iraq’s reconstruction should also gain fully committed to Iraq’s success. I than any of us would have hoped, the speed. After decades of corruption and will also tell him we expect continued Iraqi people now turn to the task of mismanagement by Saddam’s regime, progress on security, on reconstruc- drafting a constitution and laying the many of Iraq’s towns and cities were in tion, and the formation of a func- groundwork for a new round of elec- shambles, sewage in the streets, tum- tioning democracy. tions at this year’s end. bled-down schools, unreliable elec- In the end, Iraq, the region, and the Last week, leaders of the 55-member tricity and unreliable and unpotable United States will be more safe and committee charged with drafting the water. Coalition forces have been work- more secure. new constitution reached a com- ing hard to help the Iraqis rebuild and I ask unanimous consent that the promise with the Sunni Arab groups. retool. time just consumed be counted against Together, they decided on the number We are also helping the Iraqis the majority’s allocated time prior to of Sunni representatives to serve on strengthen the rule of law, a civil soci- the cloture vote. that committee. This was a major step ety, and private enterprise. A strong The ACTING PRESIDENT pro tem- forward and a significant effort on the economy means more opportunities, pore. Without objection, it is so or- part of the majority to reach out to the better jobs, more jobs and a brighter dered. Sunni leadership. It was also signifi- future. Opinion polls show a majority Mr. FRIST. I yield the floor. cant because of the impact it could of Iraqis remain optimistic about their f have on the ground. economic future despite ongoing secu- RESERVATION OF LEADER TIME As we have seen political progress rity concerns. It is all hard work, and slow, we have watched unfortunately it is made much harder by foreign in- The ACTING PRESIDENT pro tem- the violence increase. Building and sus- terference. pore. Under the previous order, the taining momentum in the political The State Department reports that leadership time is reserved. process is clearly linked to under- while Syria has taken some steps to f mining the terrorists and their sup- improve border security, supporters of ENERGY POLICY ACT OF 2005 port. During their low turnout in the the terrorists continue to use Syrian January elections and the current territory as a staging ground. On the The ACTING PRESIDENT pro tem- spate of violence, the Sunnis realized Iranian front, Secretary of Defense pore. Under the previous order, the they cannot achieve their aims by Rumsfeld and CIA Director Goss report Senate will resume consideration of standing outside the process or by fail- that Iran has sent money and fighters H.R. 6 which the clerk will report. ing to face down the insurgents. to proteges in Iraq. The fact is, some of The assistant legislative clerk read Like all Iraqis, they have a tremen- Iraq’s neighbors fear a large, pros- as follows: dous stake in the success of Iraq be- perous democracy on their borders. A bill (H.R. 6) to ensure jobs for our future coming a peaceful and prosperous de- They fear that a democratic Iraq will with secure, affordable and reliable energy. mocracy. They know the best way to export freedom and liberty to their Pending: ensure the outcome and to ensure their lands. But fear will not stop freedom’s Wyden-Dorgan amendment No. 792, to pro- rightful place is to work constructively progress. Iraq will succeed and will be- vide for the suspension of Strategic Petro- with their fellow Iraqis. I am heartened come a beacon of hope throughout the leum Reserve acquisitions. by the efforts of the Shi’a and Kurd Reid (for Lautenberg) amendment No. 839, region and throughout the world. leaders to include the Sunnis in the po- to require any Federal agency that publishes We have already seen the beginnings a science-based climate change document litical process. in the Cedar Revolution in Lebanon. These are difficult times, and they that was significantly altered at White Freedom is on the march, and the Iraqi require thoughtful leadership. The ef- House request to make an unaltered final people are leading the way. draft of the document publicly available for forts of all parties to reach out and be I urge my colleagues in the Senate to comparison inclusive deserves our praise and our continue to offer our steadfast support. Schumer amendment No. 811, to provide steadfast support, as do the brave This is an extraordinary opportunity for a national tire fuel efficiency program. Iraqis who have stepped forward to de- to change the course of history and The ACTING PRESIDENT pro tem- fend and protect their country. The bring peace and stability to the heart pore. Under the previous order, the Iraqi forces have suffered more deaths of the Middle East. Such steadfastness time until 10 a.m. shall be equally di- and casualties than coalition forces. will not be easy and will not be with- vided between the Senator from New Despite repeated direct attacks on Mexico, Mr. DOMENICI, and the Senator their ranks, every day thousands of out cost, but we must succeed. We can- not allow the terrorists to win, and we from New Mexico, Mr. BINGAMAN, or young Iraqis continue to volunteer for their designees. service. The Defense Department re- cannot allow Iraq to fall into chaos, sectarian violence or the rule of ex- The Senator from Massachusetts. ports that, as of June 8, more than Mr. KENNEDY. Mr. President, I un- 160,000 Iraqi security forces have been tremists. This is going to take a lot of time. It is going to take a lot of derstand we have 30 minutes; is that trained and equipped. correct? Yes, many of them have much experi- money. It is going to take a lot of pa- The ACTING PRESIDENT pro tem- ence to gain and much more to learn tience. pore. The Senator is correct. before they will be able to act inde- The American people need to under- Mr. KENNEDY. First, I thank my pendently, but this will take time as stand that we will be in Iraq for some friend and the ranking member, Sen- we strive to get 270,000 Iraqis in uni- time to come. It is vital to the Iraqis ator LEAHY, for permitting me to go form by July 2006. that we be there. It is critical to the Progress is being made. Two or three region that we be there. It is essential first so we can attend in an appropriate months ago, I had the opportunity to to our own security that we be there. way the Armed Services Committee travel to Jordan and visited one of the Our time line will be driven by success and Secretary Rumsfeld. It is typical Iraqi-Jordanian police training acad- and our exit will depend on the secu- courtesy on his part. emies. They are on the ground. One can rity situation. It will depend on democ- I yield myself 9 minutes. see the progress that is being made in racy’s advance and the wishes of a sov- The ACTING PRESIDENT pro tem- Iraq and with the Iraqi police recruits. ereign Iraq. pore. The Senator is recognized. One can see their commitment to see- It is clear to me that as Iraqis are SUPREME COURT VACANCY ing the job through. able to stand up and provide their own Mr. KENNEDY. Mr. President, as we It is all a difficult task, and it is security, without coalition assistance all know, a major debate may soon be going to take a lot of determination, and without foreign intervention, we underway in the Senate and the coun- but I am confident the Iraqi forces will should be able to begin withdrawing try if there is a vacancy on the Su- continue to improve and continue to personnel from that region. preme Court. It is clear that the Bush demonstrate their bravery in the days When I meet with the new Iraqi administration is well along in choos- ahead. Prime Minister later this morning, we ing its nominee for the vacancy, and As Iraqis assume a greater responsi- will discuss all of these pressing mat- the Senate must be well-prepared as bility for their own defense, the pace of ters. I will let him know America is well.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7205 The initial major question is wheth- because they were selected for reasons ments about the President’s nominees. er, for the highest judicial position in of politics or ideology with which the We do not fulfill our constitutional the land, President Bush will choose Senate did not agree, and some because trust if we merely ‘‘placate-the-Presi- consultation and consensus or con- they were perceived as being too close dent.’’ I have seen repeated examples of frontation and conflict. I urge the to the President to be independent. Senatorial courage when numerous President not to cede this important A few of us who have been here in the members of the President’s party— constitutional responsibility to a nar- Senate for all of the confirmations of even members of his leadership team— row faction of his own party—and to the current nine Justices know that have refused to go along with plainly groups so extreme they have called for most of them were consensus choices. inappropriate Presidential selections. the impeachment of six of the current Seven of them—including all six whom We should do exactly what the Fram- nine Justices because those Justices the right-wing wants to impeach—were ers intended us to do—be joint and co- refuse to make the law in accord with confirmed with such strong bipartisan equal defenders of the rule of law and the groups’ wishes. support that no more than nine Sen- the fairness and quality and independ- In the landmark May 23rd agreement, ators voted against them, and, of ence of the Federal courts. We must the bipartisan group of 14 Senators those, four received unanimous Senate listen to their voices now, summoning spoke clearly for this body on two vital support. us across the centuries, to uphold that points. First, we intend to remain the We learned many things from past basic ideal, with full devotion to our world’s greatest deliberative body, debates. One of the most important is role in the checks and balances that where the rules, not raw power, pre- that there are large reservoirs of excel- have served the Nation so well. We fail vail, and where the rights of the minor- lent potential nominees among the them if we march in lockstep with the ity are respected—not silenced. Second, many capable judges and lawyers in White House. As past experience shows, nominees the agreement sent a strong reminder the United States, and that, if they are selected for their devotion to a par- to the President that the Constitution chosen for the High Court, they will re- ticular ideological agenda are likely to requires him to obtain both the advice ceive overwhelming support in the have the most difficulty being con- country and in the Senate. Presidents and consent of the Senate before ap- firmed, because that kind of choice who have listened to the Senate’s ad- pointing judges, and that we expect rarely achieves a consensus. History vice and selected such candidates have him to do so in good faith. shows plainly that the better course is When the Framers of the Constitu- had no problem obtaining Senate con- to search for the highest quality can- tion adopted our system of checks and sent. President Bush can do that, too. didates who have demonstrated their balances 218 years ago, they focused in- If he takes our bipartisan advice, he respect for the rule of law. They re- will have no trouble obtaining our bi- tently on the process for selecting spect core constitutional principles, es- partisan consent. judges. They wanted judges to be inde- pecially those that define the rights of Presidents who have had the most pendent, so they gave them lifetime each citizen. They have demonstrated trouble with the confirmation process positions and prohibited any reduction their commitment to finding the law, are those who listened to erroneous ad- in their compensation. not making the law. They respect stare Initially, they were so concerned vice about the process. As recently as decisis, the deference to well-accepted this week, a Member of this body ar- that Presidents might abuse the power past decisions that have kept the Na- gued in print that: to select judges that they gave the tion strong by reconciling traditional Senate the sole power to appoint Fed- Senate practice and even the Constitution principles with new needs and chal- eral judges. But some delegates argued contemplate deference to the President and a presumption in favor of confirmation. lenges. They show respect for the basic for a Presidential role, and they de- structure of Government, especially for That’s not what the Constitution bated the issue at length. Congress when it acts within its estab- says. Since the days of George Wash- Benjamin Franklin, always ready lished powers. They have demonstrated ington—whose nomination of a Justice with new ideas, pointed to the Scottish the ability to subordinate their own system, where the lawyers themselves was denied consent by the Senate of ideological and result-oriented pref- selected the judges. Invariably, he said, that day, there has been no ‘‘presump- erences to the rule of law. the best and smartest candidates were tion in favor of confirmation’’ of life- Especially at the Supreme Court selected as judges, because the other time judicial appointees. In general, level, the choices should not be par- lawyers wanted to remove their tough- many of us do give some deference to a tisan choices based on today’s partisan est competitor and divide his business President’s nominees to the executive issues. The Justice we may select this among themselves. branch, since they are not lifetime ap- year could well be providing justice to In fact, in three separate votes in pointments. But even there, if the our children and grandchildren for dec- July 1787, the Framers refused to give President overreaches, we act to fulfill ades to come. It is more important the Executive any role in judicial se- our constitutional responsibility. that the nominee have a strong dedica- lection, because they did not believe Three times in my experience, Presi- tion to principles of justice than a the President could be trusted with dents have pushed the Senate too far strong position on controversial issues that responsibility. They again placed on Supreme Court nominations, and of the day. the entire appointment power in the the Senate has said ‘‘no.’’ Each time, It is a disservice to the Court to at- Senate. the White House argued for Senate def- tempt to install ideological activists Later, as the Constitutional Conven- erence and the Senate, each time with bent on making sudden and drastic tion was ending in September, they bipartisan support, refused to defer. shifts in the Court’s careful, gradual agreed to a compromise, based on the Two of those rejections were consecu- jurisprudence. The Supreme Court is at procedure that Massachusetts had used tive nominations for the same vacancy, its worst when it splits into extreme, successfully for over a century. To get with members of the President’s own contentious sides, and reaches extreme the best possible judges, the President party providing the majority for rejec- results that make much of the Nation and the Senate would have to agree on tion each time. In the second of those cringe and leave only the ideological appointments to the Federal courts. two, the selection was so plainly an ar- activists satisfied. The President was powerless to appoint rogant affront to the Senate, that the Like sausage and legislation, the judges without considering the Sen- best argument the proponents could confirmation or rejection of a Supreme ate’s advice and obtaining its consent. make was that mediocrity deserved Court nomination is not always some- For over two centuries that system representation, too, on the High Court, thing pleasant to watch or be part of. has worked well. At the Supreme Court a proposition the Senate soundly re- The course is set by the President. If level, Presidents have nominated 154 jected. the President submits an ‘‘in your Justices. Most of them were confirmed Clearly, Senators should not support face’’ nomination to flaunt his power, by the Senate, but some 20 percent a nominee just because a President of it takes time and effort and sweat and were not. Some could not get Senate their party proposed the nomination. tears before the truth about the can- consent because the Senate did not feel The Framers relied on each of us to didate is fully discovered and explained they were qualified for the job, some make independent and individual judg- to the public and voted on.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7206 CONGRESSIONAL RECORD — SENATE June 23, 2005 We are fortunate to have had a dress non-ideological choices, ask us about standard was not considered at all rehearsal for the process. Before the them, and listen to our answers. while Republicans pocket filibustered White House decided to threaten the I reserve the remainder of my time. more than 60 of President Clinton’s ju- Senate with the nuclear option, few The ACTING PRESIDENT pro tem- dicial nominees. As I demonstrated Americans had any idea what was hap- pore. The Senator from Vermont. during the time I served as chairman pening here and how important it was. Mr. LEAHY. Mr. President, I appre- and since then, President Bush’s nomi- It took some time, but eventually the ciate the strong, eloquent statement of nees have been treated far more fairly public understood the seriousness of the Senator from Massachusetts. He is than were President Clinton’s nomi- the threat to break the rules in order a former chairman of this committee, nees. to change the rules, so that for the the Judiciary Committee. Of course, he I have spoken over the last 41⁄2 years, first time in Senate history, a bare ma- is not only a former chairman but, as most recently in the last few weeks, jority of the Senate could impose a gag one of the three most senior Members about the benefits to all if the Presi- rule on every other Senator and enable of the Senate, is well aware of what has dent were to consult with Members of the President to exercise absolute been our practice. the Senate from both sides of the aisle power over the courts without mean- I think we may also hear from the on important judicial nominations. I ingful review by the Senate. Fortu- senior Senator from Delaware, Mr. return today to emphasize, again, the nately, the Senate stepped back from BIDEN, who is another former chair- significance of meaningful consulta- that brink, and the Senators who man. tion on these nominations. It bears re- reached that bipartisan agreement to Let me speak in my capacity also as peating given what is at stake for the make it possible deserve great credit. a former chairman of the Judiciary Senate, the judiciary and the American Those who want the Senate to be a Committee. people. It is now almost 1 month since the rubber stamp for a White House nomi- In a few more days the U.S. Supreme bipartisan agreement was forged to nee to the Supreme Court will un- Court will complete its term. Last year avert an unnecessary ‘‘nuclear’’ show- doubtedly try to rush us through our the Chief Justice noted publicly that at down in the Senate. Democratic Sen- duty. But if we are to do our job for the the age of 80, one thinks about retire- ators who signed the Memorandum of American people in good faith, the ment. I get to see the Chief Justice Understanding on Judicial Nomina- process of considering a Supreme Court from time to time in connection with tions that averted the nuclear option nominee cannot be rushed. It will take his work for the Judicial Conference have fulfilled their commitments with time to obtain the necessary informa- and the Smithsonian Institution. respect to invoking cloture on several tion and documents, and to review and Sometimes we see each other in controversial nominees. Sadly, with understand them. It will take time to Vermont or en route there, and I am Republicans voting party-line on al- gather witnesses and prepare for hear- struck every time by his commitment most every one of these nominees, they ings. If the nomination is not a con- to service. He is waging his personal have been confirmed. Meanwhile, as sensus nomination, the hearings will be battle against ill health with his char- the Democratic leader had offered intensive and extensive. If the nominee acteristic resolve. I know that the months ago, the Senate considered and is evasive, there will be longer hearings Chief will retire when he decides that voted upon two Sixth Circuit nominees and follow-up questions, which will he should, and not before. He has also take time to analyze. Only when and an additional DC Circuit nominee. What has yet to take place, however, earned that right after serving on the all the information is available and Supreme Court for more than 30 years, fairly considered, can the nomination is the kind of meaningful consultation that Republican and Democratic Sen- the last 19 as the Chief Justice. I have go forward. great respect and affection for him, and If President Bush resists his fringe ators explicitly called for in that he is in our prayers. constituencies, and seeks the advice of memorandum. They ‘‘encouraged the the Senate as he should, the nomina- Executive branch of government to In light of the age and health of our tion process can have a happy ending. I consult with members of the Senate, Supreme Court Justices, speculation hope our colleagues across the aisle both Democratic and Republican, prior has accelerated about the potential for will urge the President to respect the to submitting a judicial nomination to a Supreme Court vacancy this summer. May 23rd bipartisan agreement and its the Senate for consideration.’’ They In advance of any such vacancy, I have memorandum of understanding, and called for a ‘‘return to the early prac- called upon the President to follow the take to heart its serious request that tices of our government’’ that reduced constructive and successful examples he consult with Senators from both conflict and led to consensus. We have set by previous Presidents of both par- parties before proposing a Supreme not yet noticed an abundance of con- ties who engaged in meaningful con- Court nominee. sultation. And unfortunately, White sultation with Members of the Senate We already have in place a process House officials have declared that the before selecting nominees. This deci- for doing so. In selecting district judge President has no interest in and feels sion is too important to all Americans nominees in our States, the White no obligation to assist in implementing to be unnecessarily embroiled in par- House sends us the list of persons being this feature of the memorandum. tisan politics. considered seriously, and asks for our Since the White House will not ac- I have said repeatedly that should a comments on each, as well as our sug- knowledge the record, I thought it Supreme Court vacancy arise, I stand gestions for additional names to con- worth noting that 214 of this Presi- ready to work with President Bush to sider. When they have narrowed down dent’s judicial nominations have al- help him select a nominee to the Su- the list, they share the short list with ready been confirmed by the Senate. preme Court who can unite Americans. us, so that we can give our final advice That includes 41 circuit court nomi- I have urged consultation and coopera- as to which ones are best and which nees, an almost 80-percent confirma- tion for 4 years and have reached out ones would raise problems. Almost al- tion rate of his many divisive circuit to the President, again, over these last ways, our advice is considered and re- court nominees. These figures are all few weeks. I hope that if a vacancy spected. As a result, most District well ahead of the rates during Presi- does arise the President will finally Judges go through the confirmation dent Clinton’s administration. At a turn away from his past practices, con- process quietly and expeditiously, and similar point in the last administra- sult with us and work with us. This is obtain the consent of the Senate. tion, only 180 nominees had been con- the way to unite instead of divide the Article II, Section 2, Clause 2, of the firmed, including only 31 circuit court Nation, and this is the way to honor Constitution clearly says, ‘‘with the nominees, which amounted to barely 74 the Constitution’s ‘‘advise and con- advice and consent of the Senate,’’ not percent of President Clinton’s circuit sent’’ directive, and this is the way to the advice of anyone else, just 100 of us court nominees. preserve the independence of our fed- here in the Senate, who speak for all With all the recent talk from Repub- eral judiciary, which is the envy of the the American people. It doesn’t take licans about the principle of every rest of the world. much to get our consent. All the Presi- nominee being entitled to an up-or- Some Presidents, including most re- dent has to do is seek out his preferred down vote, it is striking that such a cently President Clinton, found that

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7207 consultation with the Senate in ad- Senate and would return us to prac- choose a divisive nominee, they will vance of a nomination was highly bene- tices that have served the country not prevail without a difficult struggle ficial in helping lay the foundation for well. Our fellow Senators have history that will embroil the Senate and the successful nominations. President and the well-being of the Nation on country. And if they do, what will they Reagan, on the other hand, disregarded their side in urging greater consulta- have wrought? The American people the advice offered by Senate Demo- tion on judicial nominations. They are will be the losers: The legitimacy of cratic leaders and chose a controver- right. the judiciary will have suffered a dam- sial, divisive nominee who was ulti- What is troubling are the recent re- aging blow from which it may not soon mately rejected by the full Senate. ports that the White House plan does recover. Such a contest would itself In his recent book, ‘‘Square Peg,’’ not include meaningful consultation at confirm that the Supreme Court is just Senator HATCH recounts how in 1993, as all, but instead plans a political-style another setting for partisan contests the ranking minority member of the campaign and some sort of preemptive and partisan outcomes. People will per- Senate Judiciary Committee, he ad- contact to allow them to pretend they ceive the federal courts as places in vised President Clinton about possible consulted, without anything akin to which ‘‘the fix is in.’’ Supreme Court nominees. In his book, the kind of meaningful consultation Our Constitution establishes an inde- Senator HATCH wrote that he warned that this important matter deserves. pendent federal judiciary to be a bul- President Clinton away from a nomi- Partisan activists supporting the wark of individual liberty against in- nee whose confirmation he believed White House boasted last week about a cursions or expansions of power by the ‘‘would not be easy.’’ Senator HATCH war chest of upwards of $20 million to political branches. That independence goes on to describe how he suggested be used to crush any opposition to the is what makes our judiciary the model the names of Stephen Breyer and Ruth White House’s selection. That sounds for others around the world. That inde- Bader Ginsburg, both of whom were awfully like preparations for all out pendence is at grave risk when a Presi- eventually nominated and confirmed partisan political warfare. If the White dent tries to pack the courts with ac- ‘‘with relative ease.’’ Indeed, 96 Sen- House intends to follow that type of tivists from either side of the political ators voted in favor of Justice Gins- plan, it would be most unfortunate, un- spectrum. Even if successful, such an burg’s confirmation, and only three wise and counterproductive. effort would lead to decisionmaking Senators voted against; Justice Breyer Though the landscape ahead is sown based on politics and would forever di- received 87 affirmative votes, and only with the potential for controversy and minish public confidence in our justice nine Senators voted against. Nor are contention should a vacancy arise on system. these recent examples the only evi- the Supreme Court, confrontation is The American people will cheer if the dence of effective and meaningful con- unnecessary. Consensus should be our President chooses someone who unifies sultation with the Senate over our his- mutual goal. I would hope that the the Nation. This is not the time and a tory. The Constitution provides that the President’s objective will not follow vacancy on this Supreme Court is not President ‘‘shall nominate, and by and the path he has taken with so many di- the setting in which to accentuate the with the Advice and Consent of the visive circuit court nominees and send political and ideological division with- Senate, shall appoint’’ judges and ex- the Senate a Supreme Court nominee in our country. In our lifetimes, there plicitly the members of the only court so polarizing that confirmation is eked has never been a greater need for a uni- established by the Constitution itself, out in the narrowest of margins. This fying pick for the Supreme Court. At a the Supreme Court. For advice to be would come at a steep and gratuitous time when too many partisans seem meaningful, it needs to be informed. price that the entire Nation would fixated on devising strategies to force Despite his public commitment at a have to pay in needless division. It the Senate to confirm the most ex- news conference three weeks ago spe- would serve the country better to treme candidates with the least num- cifically regarding the Supreme Court, choose a qualified consensus candidate ber of votes possible, Democratic Sen- the President has not even begun the who can be broadly supported by the ators are urging cooperation and con- process of consulting with Democratic American people and by the Senate. sultation to bring the country to- Senators. I wrote to the President, The process begins with the Presi- gether. There is no more important op- again, last month, urging consultation dent. He is the only participant in the portunity than this to lead the Nation and even making suggestions on how process who can nominate candidates in a direction of cooperation and unity. he might wish to proceed. to fill Supreme Court vacancies. If The independence of the federal judi- Bipartisan consultation would not there is a vacancy, the decisions made ciary is critical to our American con- only make any Supreme Court selec- in the White House will determine cept of justice for all. We all want Jus- tion a better one, it would also reas- whether the nominee chosen will unite tices who exhibit the kind of fidelity to sure the Senate and the American peo- the Nation or will divide the Nation. the law that we all respect. We want ple that the process of selecting a Su- The power to avoid destructive polit- them to have a strong commitment to preme Court justice has not become po- ical warfare over a Supreme Court va- our shared constitutional values of in- liticized. cancy is in the hands of the President. dividual liberties and equal protection. The bipartisan group of 14 Senators No one in the Senate is spoiling for a We expect them to have had a dem- who joined together to avert the ‘‘nu- fight. Only one person will decide onstrated record of commitment to clear option’’ included the following in whether there will be a divisive or a equal rights. There are many conserv- their agreement: unifying process and nomination. If atives who can readily meet these cri- We believe that, under Article II, Section consensus is accepted as a worthy goal, teria and who are not rigid ideologues. 2, of the United States Constitution, the bipartisan consultation will help This is a difficult time for our coun- word ‘‘Advice’’ speaks to consultation be- achieve it. I believe that is what the try, and we face many challenges. Pro- tween the Senate and the President with re- American people want, and I know that viding adequate health care for all gard to the use of the President’s power to is what they deserve. Americans, improving the economic make nominations. We encourage the Execu- tive branch of government to consult with If the President chooses a Supreme prospects of Americans, defending members of the Senate, both Democratic and Court nominee because of that nomi- against threats, the proliferation of nu- Republican, prior to submitting a judicial nee’s ideology or record of activism in clear weapons, the continuing upheaval nomination to the Senate for consideration. the hopes that he or she will deliver po- that afflicts our soldiers in Iraq—all Such a return to the early practices of our litical victories, the President will these are fundamental matters on government may well serve to reduce the have done so knowing that he is start- which we need to improve. It is my rancor that unfortunately accompanies the ing a confirmation confrontation. The hope that we can work together on advice and consent process in the Senate. We firmly believe this agreement is con- Supreme Court should not be a wing of many issues important to the Amer- sistent with the traditions of the United the Republican Party, nor should it be ican people, including maintaining a States Senate that we as Senators seek to an arm of the Democratic Party. If the fair and independent judiciary. I am uphold. right-wing activists who were dis- confident that a smooth nomination I agree. Bipartisan consultation is appointed that the nuclear option was and confirmation process can be devel- consistent with the traditions of the averted convince the President to oped on a bipartisan basis if we work

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7208 CONGRESSIONAL RECORD — SENATE June 23, 2005 together. The American people we rep- The need for advice, the need for con- the mainstream, and I was willing, able resent and serve are entitled to no less. sultation, was made clear when the and, in many cases, happy to support The PRESIDING OFFICER (Mr. group of 14—seven Democrats and them. So it can be done and should be SUNUNU). The Senator from New York. seven Republicans—got together. In done. Mr. SCHUMER. How much time re- their agreement, they wrote: There is all too much divisiveness in mains? We believe that, under Article II, Section Washington. On the issue of the courts, The PRESIDING OFFICER. The mi- 2, of the United States Constitution, the it is our sincere belief on this side of nority side controls 10 minutes. word ‘‘advice,’’ speaks to consultation be- the aisle that the President’s refusal to Mr. SCHUMER. I ask unanimous con- tween the Senate and the President with re- consult and willingness to nominate gard to the use of the President’s power to sent that others who wish to add state- some who are so far out of the main- ments to the record on this subject be make nominations. We encourage the Execu- tive branch of government to consult with stream that they cannot be regarded as allowed to do so. interpreters of law rather than makers The PRESIDING OFFICER. Without members of the Senate, both Democratic and of law. That is the main reason we objection, it is so ordered. Republican, prior to submitting a judicial nomination to the Senate for consideration. Mr. SCHUMER. Mr. President, I stand at this point of great acrimony thank my colleague from Vermont, our This is a moderate, bipartisan group. in terms of judicial nominations. All of leader on the Judiciary Committee, They tend to be some of the more con- that can be undone by some sincere for, as usual, being right on point with servative Democrats and some of the consultation. eloquence and with no malice. more liberal Republicans. It is cer- President Bush, when he ran for of- As many know, there is a real possi- tainly mainstream. Will the President fice and got into office, said he wanted bility that a vacancy on the Supreme heed their advice and seek the advice to change the tone and climate in Court will be announced shortly. The of the Senate? If he seeks advice, will Washington; he wanted to bring people Supreme Court should finish its term it be real? To simply call someone in together. That was a noble sentiment, either Monday or Thursday, depending for a meeting and say, what do you a wonderful sentiment. He can, despite on the caseload. think, and then go about things as if the acrimony that has occurred on ju- There is one question American peo- the meeting did not happen is not ad- dicial nominations and so much else ple are asking about the Supreme vice. Real advice means talking about over the last few years, almost like Court; that is, how, if and when a va- specific nominees in private, saying: with a magic wand, undo much of it by cancy occurs—and we all pray, of What do you think of this name or that seeking real consultation should there course, for Chief Justice Rehnquist’s name, this person or that person? That be a vacancy on the Supreme Court. health, but if and when a vacancy oc- is, indeed, what President Clinton did On behalf—I believe I can say this curs—how do we avoid the divisiveness as he consulted Senator HATCH, hardly without any hesitation—of all 44 of my that has plagued this body, this town, his ideological soul mate, and many colleagues on this side of the aisle, we and this country about Court nominees others. Senator HATCH told President plead, we pray, with the President to over the last several years? Clinton some proposed nominees might engage in real consultation, to heed The answer is simple. It can be de- be out of the mainstream and garner the advise and consent of the Constitu- scribed in one word: consultation. The opposition, at least from the other side tion, and to come up with a Supreme ball is in the President’s court. If the of the aisle. But some, even though Court Justice, should a vacancy occur President chooses to do what he has Senator HATCH clearly did not agree shortly, that we all—from the most done on court of appeals nominees—not with their politics, were in the main- conservative to the most liberal Mem- consult, just choose someone, often- stream and would get through the Sen- ber of this body—can be proud to sup- times way out of the mainstream, and ate with relatively little acrimony. port. say take it or leave it—the odds are President Clinton took Senator I yield the floor. very high there will be a battle royal HATCH’s advice and the nominations The PRESIDING OFFICER. The mi- over that nomination. If, on the other were smooth. nority time is expired. hand, the President follows the path of That is not the only time advice has The Senator from New Mexico. what so many other Presidents before been sought. In 1869, President Grant Mr. DOMENICI. I suggest the absence him have done—consults with the Sen- appointed Edward Stanton to the Su- of a quorum. ate, with the Congress, both Repub- preme Court in response to a petition The PRESIDING OFFICER. The licans and Democrats, and takes their from a majority of the Senate and the clerk will call the roll. advice to heart—we can have a smooth, House. In 1932, President Hoover pre- The assistant legislative clerk pro- amiable, easy Supreme Court nomina- sented Senator William Borah, the in- ceeded to call the roll. tion. fluential chairman of the Foreign Rela- Mr. ISAKSON. Mr. President, I ask Again, the ball is in the President’s tions Committee, with a list of can- unanimous consent that the order for court. Consultation is part of the con- didates he was considering to replace the quorum call be rescinded. stitutional process, advise and consent. Justice Oliver Wendell Holmes. Borah The PRESIDING OFFICER. Without The Founding Fathers did not use persuaded Hoover to move the name of objection, it is so ordered. words lightly. The relatively short doc- the eventual nominee, Benjamin Who yields time? ument of our Constitution is amazing Cardozo, from the bottom of the list to Mr. DOMENICI. How much time does for its brilliance and its brevity. When the top, and Cordozo was speedily and the Senator want? they decide to put a word in like ‘‘ad- unanimously confirmed. Mr. ISAKSON. Three minutes. vise,’’ lots of thought has gone in be- There are many instances of Presi- The PRESIDING OFFICER. The Sen- fore it. ‘‘Advise’’ means seek the advice dents seeking the advice in terms of ator from Georgia is recognized for 3 of the Senate. It does not say in the the advice and consent of the Senate. minutes. Constitution, seek the advice of your When the President has done it on judi- Mr. ISAKSON. Mr. President, I thank party or seek the advice of people who cial nominees here, it has worked. the Senator from New Mexico for yield- agree with you. The intention, it is Frankly, the President and the White ing the time. quite clear, is to seek a breadth of ad- House have consulted with me about (The remarks of Mr. ISAKSON are vice. nominations to the district courts in printed in today’s RECORD under That is why, today, a letter signed by New York and the Second Circuit ‘‘Morning Business.’’) 44 of the 45 members of the Democrat Court of Appeals. They have actually The PRESIDING OFFICER. The Sen- caucus, asking the President to consult bounced names off of me and said: ator from New Mexico. with us, will be sent. The 45th member, What do you think of this one? What Mr. DOMENICI. Mr. President, I Senator BYRD, agrees with the thrust do you think of that? As a result, every yield myself as much time as I may and the concept of our letter but felt so vacancy is filled quickly with little use. strongly about the issue he is sending acrimony and with broad consensus. Mr. President, fellow Senators, short- his own letter, which I am sure will be Most of the nominees I have sup- ly the Senate is going to vote. We are in his own wonderful style and make ported in my area do not agree with me going to have a cloture vote to decide the point well. philosophically. But they are part of whether we should bring closure to

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7209 what I think has been an excellent 2 I note the presence of Senator BINGA- process. I think the majority leader weeks of debate about a new American MAN. I have additional time. Would the and the Democratic leader are very fo- policy, a policy which is directed at Senator care to address the issue of cused on trying to get conclusion on trying to make our energy supply for cloture today? this legislation. I support their efforts. the future more secure for our domes- The PRESIDING OFFICER. The Sen- I yield the floor. tic growth and for our national secu- ator from New Mexico. Mr. DOMENICI. I suggest the absence rity. Mr. BINGAMAN. Mr. President, I ap- of a quorum. We have been waiting a long time for preciate my colleague’s comments and The PRESIDING OFFICER (Ms. MUR- this day. If the Senate, indeed, at its his willingness to let me speak for a KOWSKI). The clerk will call the roll. pleasure, grants cloture, which I hope few minutes. The legislative clerk proceeded to we will, it means we will bring to a I join him in urging that we go ahead call the roll. conclusion in short order a long debate and invoke cloture on the bill. I do be- Mr. DOMENICI. Madam President, I and fulfill a longstanding need for an lieve we have had a good debate on the ask unanimous consent that the order American energy policy that is encap- Senate floor. We have had a good op- for the quorum call be rescinded. sulated in this bill, which was produced portunity for amendments to be of- The PRESIDING OFFICER. Without by the Energy and Natural Resources fered. The process has been open. I objection, it is so ordered. Committee over weeks of hearings and have supported some amendments that Mr. DOMENICI. I ask for the regular day after day of debate, with voting, have been offered to the bill; I have op- order. and finally concluding that the bill posed others. I note my colleague has CLOTURE MOTION that is before us is the right thing to done the same. I believe each Senator do. The PRESIDING OFFICER. Under has done the same. That is exactly how the previous order, the clerk will re- Since then, the Senate has exercised the Senate is intended to operate. its right to offer amendments and dis- port the motion to invoke cloture. Obviously, there are Senators who The legislative clerk read as follows: cuss them. Some amendments were still have amendments they would like adopted to change, alter what the com- to offer. Some of those amendments CLOTURE MOTION mittee recommended. But in essence, will be germane after the cloture vote We the undersigned Senators, in accord- fellow Senators, we have a rare oppor- occurs even if cloture is invoked. Those ance with the provisions of rule XXII of the tunity today, in a reasonable period of Standing Rules of the Senate, do hereby amendments can be considered by the time—not with acrimony but with de- move to bring to a close debate on H.R. 6, a Senate and disposed of at that time. bate—to pass this legislation. That is, bill to ensure jobs for our future with secure, That is appropriate. in a sense, consistent with the best of affordable, and reliable energy. But I understand the scheduling the Senate: having amendments openly Bill Frist, Pete Domenici, Lamar Alex- problems the majority leader has and ander, Kay Bailey Hutchison, Jim debated, many of them; views, some in the Democratic leader has as well. DeMint, Michael Enzi, Ted Stevens, accord with the bill, some in opposition They believe they need to move to Larry Craig, Craig Thomas, Mike to the bill here on the floor, as wit- other legislation early next week, or Crapo, Conrad Burns, David Vitter, nessed by those who pay attention to Richard Burr, Kit Bond, Wayne Allard, even as early as tomorrow. Therefore, what goes on in the Senate. Jim Inhofe, Lisa Murkowski, George So I say, as one who has been a par- they would like to go ahead and con- Voinovich. clude work on this bill. ticipant for a few years, this is an ef- The PRESIDING OFFICER. By unan- This bill is not coming to the Senate fort to bring this matter to a vote in imous consent, the mandatory quorum sort of ab initio, as they teach you in the Senate so we can bring this legisla- call has been waived. law school. It has come here after we tion to the House of Representatives. The question is, Is it the sense of the had a substantial debate on these very Our Constitution requires that both Senate that debate on H.R. 6, as same issues two Congresses ago, and Houses agree on the legislation. Some amended, the Energy Policy Act of again last Congress. As the Senator do not understand that our Constitu- 2005, shall be brought to a close? from New Mexico pointed out, we had a tion is rather conservative when it The yeas and nays are mandatory very thorough and open process in the comes to passing legislation. You do under the rule. committee. This process we have had not just have your vote in the Senate; The clerk will call the roll. on the floor has been a thorough and the House has theirs. Then you have to The legislative clerk called the roll. go to conference and agree on the same open process as well. I believe the bill that came out of Mr. MCCONNELL. The following Sen- text in both Houses, which is done by a committee was a good product. It was ator was necessarily absent: the Sen- committee called a conference com- a substantial improvement over cur- ator from Minnesota (Mr. COLEMAN). mittee. Further, if present and voting, the That will occur only when we have rent law. And I said that. I believe it has been further improved as we have Senator from Minnesota (Mr. COLEMAN) voted out a bill. We will vote out a bill would have voted ‘‘yea.’’ only when we have completed debate been working here on the Senate floor in considering amendments to the bill, Mr. DURBIN. I announce that the under our rules. We probably will not Senator from North Dakota (Mr. CON- conclude debate for a long time unless so I do not doubt it could be improved even more. Some of the amendments RAD, the Senator from Minnesota (Mr. cloture is imposed. DAYTON), and the Senator from North I believe on a domestic bill, cloture which Members may still want to offer Dakota (Mr. DORGAN) are necessarily should not be invoked arbitrarily or in may well improve it more, and I may be a strong supporter of those. But absent. advance of a reasonable amount of The PRESIDING OFFICER. Are there time. People should be permitted to clearly this has been a process that I think has given everyone an oppor- any other Senators in the Chamber de- talk, to amend. But, fellow Senators, siring to vote? we have been at this on the floor for tunity to participate and offer amend- ments. It has been a process that has The yeas and nays resulted—yeas 92, enough time. And when you consider nays 4, as follows: the prior efforts, I believe the Amer- led to a good product which we can ican people are wondering why we can- take to conference with the House of [Rollcall Vote No. 152 Leg.] not get something done. Why more Representatives. As I say, there will be YEAS—92 time? The purpose for this activity additional opportunities, even if clo- Akaka Bunning Cornyn called cloture is to say we have had ture is invoked, for us to further im- Alexander Burns Craig Allard Burr Crapo enough time. With cloture invoked, prove this bill with germane amend- Allen Byrd DeMint sooner rather than later, the bill will ments. Baucus Cantwell DeWine be voted ‘‘yes’’ or ‘‘no’’ by the Senate. So I will support cloture. I know each Bayh Carper Dodd So we seek that. That is the privilege Senator can make his or her own mind Bennett Chafee Dole Biden Chambliss Domenici of saying to the Senate, we are going up about that vote, but I believe the Bingaman Clinton Ensign to vote ‘‘yes’’ or ‘‘no’’ soon rather than chairman of our committee has worked Bond Coburn Enzi later. The way we can do that is by diligently to get us to this point. I Boxer Cochran Feingold voting ‘‘aye’’ on the cloture vote. have tried to work with him in that Brownback Collins Feinstein

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7210 CONGRESSIONAL RECORD — SENATE June 23, 2005 Frist Levin Santorum Mr. DOMENICI. Madam President, I were people living in Louisiana before Graham Lieberman Sarbanes ask unanimous consent that the read- the United States was a country. So we Grassley Lincoln Schumer Gregg Lott Sessions ing of the amendment be dispensed have been doing this a very long time. Hagel Lugar Shelby with. Controlling and taming this river, Harkin Martinez Smith The PRESIDING OFFICER. Without while it has been a great benefit to the Hatch McConnell Snowe objection, it is so ordered. Nation, has come at great cost to the Hutchison Mikulski Specter Inhofe Murkowski (The amendment is printed in today’s Stabenow State that holds this mouth of the Inouye Murray Stevens RECORD under ‘‘Text of Amendments.’’) great Mississippi River. Isakson Nelson (FL) Sununu The PRESIDING OFFICER. The Sen- What do I mean by that? Because we Jeffords Nelson (NE) Johnson Obama Talent ator from Louisiana. channeled this river, again for the ben- Kennedy Pryor Thomas Ms. LANDRIEU. Madam President, I efit of the Nation so we can ship grain Kerry Reed Thune am pleased to be a cosponsor of this out of Kansas and can ship goods Vitter Kohl Reid amendment, along with the Senator Kyl Roberts Voinovich throughout this world—north, south, Landrieu Rockefeller Warner from Louisiana, Mr. VITTER, and many east, and west—and serve as the vi- Leahy Salazar Wyden other Senators. We feel very strongly brant global port that we are, the river NAYS—4 about this particular amendment. has ceased to overflow its banks. So I first thank the chairman of the Corzine Lautenberg this great delta, the seventh largest in Durbin McCain committee and the ranking member for the world, is rapidly sinking. If we do the excellent work they have done to NOT VOTING—4 not get some infusion of revenue move this Energy bill forward to this through this mechanism and others Coleman Dayton Conrad Dorgan point. It has been a very difficult, tedi- that we are seeking, we will lose these ous, and time-consuming task that has wetlands. It will not be Louisiana’s The PRESIDING OFFICER. On this required a lot of patience and a lot of loss, it will be America’s loss. vote, the yeas are 92, the nays are 4. compromises to get a bill of this nature In addition to the commerce we sup- Three-fifths of the Senators duly cho- in this climate to this point. We appre- port for our Nation, we also serve as a sen and sworn having voted in the af- ciate their patience and their skill. great migratory flyway for all the firmative, the motion is agreed to. This is an amendment both leaders many bird species in North America. If Mr. DOMENICI. Madam President, I have been working on for many weeks. they do not have a place to land when suggest the absence of a quorum. Amendment No. 891 would basically di- The PRESIDING OFFICER. The they come up from South America and rect a portion of revenues to six States clerk will call the roll. Mexico—that is the place they land, in the United States that have produc- The legislative clerk proceeded to that is the place they nest, that is the tion off their shores, Louisiana being call the roll. first land that is available to them off Mr. DOMENICI. Madam President, I the prime State that produces so much the water, and that is the marshland ask unanimous consent that the order of that energy resource for our Nation, we are losing. for the quorum call be rescinded. but in addition, obviously Texas, Mis- In addition, this delta, besides the The PRESIDING OFFICER. Without sissippi, to some degree Alabama, there commerce, besides the environmental objection, it is so ordered. is some production off the coast of benefits for birds and other wildlife, is Mr. LAUTENBERG. Madam Presi- California today—not much but some— the fisheries, the nursery for the Gulf dent, parliamentary inquiry. and even the State of the Presiding of- of Mexico. More than 40 to 50 percent, The PRESIDING OFFICER. The Sen- ficer, the State of Alaska, that contrib- estimated by scientists, of all the fish- ator will state his inquiry. utes so much to the Nation’s energy re- eries in the Gulf of Mexico have some AMENDMENT NO. 839 serves, has some production off the part of their life cycle spent in this Mr. LAUTENBERG. Madam Presi- coast. great expanse of wetlands. dent, I have an amendment, Amend- Because of this tremendous contribu- I have been so pleased to have Sen- ment No. 839, related to altering sci- tion we have made these many years, ator DOMENICI and Senator BINGAMAN— entific documents. Would that amend- let me say willingly and very ably, so both Senators from New Mexico—come ment be germane postcloture? many small, medium, and large compa- down to Louisiana to fly over our The PRESIDING OFFICER. It would nies have worked to perfect the tech- marsh and see it. You cannot get there not be germane postcloture. nology. They have invented the tools, any other way. You cannot drive to our Mr. LAUTENBERG. I thank the established the procedures, and have coast as you can to the coast in Florida Chair. been pioneers in this industry. Many of or to the beaches in Mississippi where The PRESIDING OFFICER. The Sen- the tools and technology invented for many of us spent many of our years ator from New Mexico. the environmentally responsible ex- growing up. There are actually only Mr. DOMENICI. Regular order, traction of these minerals—not just in two beaches, and they are each only Madam President. the United States but around the about 5 miles long. There are no high- The PRESIDING OFFICER. Is the world—have actually been invented ways. The only way you can get there Senator making a point of order and developed in Louisiana. We are ex- is by pirogue, motor boat, skiff, heli- against the amendment? tremely proud of the contribution we copter, or air boat in the marsh. So not Mr. DOMENICI. I make a point of have made. many people have seen these wetlands. order that the amendment is not ger- In addition to this technological con- I have pictures to show any colleague mane. tribution we have made, we have con- who would like to see them. The PRESIDING OFFICER. The tributed over $150 billion to the Federal It is a magnificent stretch of land. point of order is sustained. The amend- Treasury since this began. The Everglades can fit inside it. It is ment falls. I see my colleague from Louisiana on three times the size of the Everglades AMENDMENT NO. 891 the floor ready to speak in a few mo- in Florida. It is a huge expanse we are (Purpose: To modify the section relating to ments, but I would like to make a cou- losing. If we do not capture these reve- the coastal impact assistance program) ple of other comments. nues in some annual, reliable amount Mr. DOMENICI. Madam President, I The wetlands in Louisiana are not to help the State of Louisiana put the call up amendment No. 891 and ask for Louisiana’s wetlands, they are Amer- resources into saving this wetlands, it its immediate consideration. ica’s wetlands. They are host to some will be, indeed, a great loss to America. The PRESIDING OFFICER. Without of the largest commercial shipping in In addition to what this wetlands objection, the pending amendments are the world. There are seven ports that contributes to the United States, it is set aside. The clerk will report. comprise the ports of south Louisiana not only all the above I have described, The legislative clerk read as follows: and, if combined, it is the largest port but it also drains water from two- The Senator from New Mexico [Mr. DOMEN- system in the world. thirds of the United States. Without ICI], for himself, Mr. BINGAMAN, Ms. LAN- We have leveed the Mississippi River the ability to drain this water out, we DRIEU, Mr. VITTER, and Mr. LOTT, proposes for the benefit of the Nation, not just would have flooding all the way up the an amendment numbered 891. for Louisiana’s benefit. Realize, there Missouri. As you know, because of the

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7211 geography of our Nation, that water along, particularly these five coastal because it is not busting the numbers has to leave those areas or businesses producing States—Louisiana, Texas, built into the budget. There is a re- and communities will flood. Mississippi, Alabama, Alaska, and Cali- serve fund or a contingency fund with- We think we are making such—we fornia to a much lesser extent. So in in the budget that was part of the don’t think, we know we are making this energy debate, it is certainly im- budget and part of the Budget Act spe- such a great contribution to this Na- portant to remember that some of us cifically associated with the Energy tion in so many ways. We think this have been pulling our weight and far bill. This amendment is well within the amendment is quite reasonable. There more than our weight every step of the numbers of that fund and therefore is money available for this purpose. It way. Yet up until this moment, we does not go beyond the numbers of the will be shared with these producing have gotten virtually nothing for it. budget. However, in the Budget Act, States. While oil and gas and other mineral the chairman of the Budget Committee From Louisiana’s perspective, this production on public lands onshore has the role of having to sign off on the money would be used primarily and al- gives significant royalties to the host use of that contingency fund. The most exclusively for the restoration of State—usually about 50 percent—that chairman may not do that. He may America’s wetlands so that these wet- same sort of oil and gas production off- therefore raise a budget point of order, lands will be there for our children and shore gives virtually nothing to the and that is his right, and I respect his our grandchildren. host State, less than 1 percent. right and what he views as his obliga- It is with great pride I helped to lead That is utterly unfair and this tion, but I want to make the point very this effort, along with my colleague amendment is a small initial step to clearly that is a technical point of from Louisiana and many cosponsors. correct that. As Senator LANDRIEU order which is fundamentally different That number continues to grow. We said, these coastal areas have produced from an amendment which busts the have substantial support because of the $150 billion or more of Federal revenue, budget numbers, which goes beyond the leadership of Senator DOMENICI and virtually no State revenue. This numbers built into the budget. Senator BINGAMAN. amendment would correct that injus- We have worked extremely hard with Again, Louisiana has contributed so tice in a very small way by capturing a the budget chairman’s staff, I might much. We simply ask an investment truly tiny percentage of that overall add, hand in glove with them, to make back to preserve this wetlands, which production and royalty figure for the sure this amendment falls within all of is America’s, and to recognize the con- host States. the numbers of the budget and is well tribution our State makes to the en- Point No. 3 is that the host States, below that contingency fund number ergy independence of this Nation and the coastal producing States, need this specifically for the Energy bill. So if to the future economic viability of this revenue to address problems directly that budget point of order is raised, it Nation. related to this oil and gas production is valid, but it is, in a sense, a techni- I want to recognize my colleague and our contribution to the Nation’s cality because our amendment does not from Louisiana, Senator VITTER. energy security. In my home State of go beyond the numbers built into the The PRESIDING OFFICER. The Sen- Louisiana, we have an absolute crisis budget and the Budget Act. ator from Louisiana. going on. It is called coastal erosion. Mr. GREGG. Will the Senator yield Mr. VITTER. Madam President, I rise The easiest way I can summarize it is on that point? in strong support of amendment No. 891 as follows: Close your eyes and try to Mr. VITTER. I would be happy to as well. I am proud to join my Lou- picture a piece of land the size of a yield. isiana colleague, MARY LANDRIEU, in football field. That piece of land dis- Mr. GREGG. Is it the position of the doing so. appears from Louisiana, drifts out into Senator from Louisiana, therefore, I want to make five important points the Gulf, lost forever, every 38 minutes. that when a discretionary program is why this amendment is clearly the That is around the clock, 24 hours a taken and turned into a direct spend- right thing to do. day, 7 days a week, 52 weeks a year. ing entitlement program, that that is a First, as Senator LANDRIEU said, this The clock never stops. It goes on and technical point? Mr. VITTER. No. The point which I amendment has very broad, very deep, on. and very bipartisan support. I thank That loss is directly related to this just made was that this amendment is her for her leadership, as well as so oil and gas activity. So we have been well within all of the numbers laid out many others who have come together contributing to the Nation’s energy se- in the Budget Act. That was the point and worked very hard to craft a respon- curity, but the only thing we have got- I was trying to make. Mr. GREGG. Madam President, sible amendment to move this issue ten directly for it is these monumental forward in a concrete way. would the Senator yield for a question? problems which this revenue will help Mr. VITTER. I will be happy to. Senator DOMENICI, the chairman of address. Mr. GREGG. It appears to be the Sen- the committee, has led in an extraor- Point No. 4 is that this amendment ator’s position that since this budget dinary way on this issue and is the pri- does not open any new areas to drill- point of order involves taking a discre- mary author of this amendment. We ing. It does not provide incentives to tionary program and making it an en- thank him. Senator BINGAMAN, the open any new areas. Personally, I titlement program that that is a tech- ranking member of the committee, has would like to do that. I think more of nical point. led on this amendment as well and is a America needs to contribute to our en- Mr. VITTER. That is not my—— cosponsor and supportive of it. We ergy security. I think we need to look Mr. GREGG. My position is that is thank him. Senator LANDRIEU and I, of in other areas. But clearly that is very not technical. course, as well as Senators LOTT and politically controversial and this Mr. VITTER. If I could clarify and re- COCHRAN, SESSIONS, and others are all amendment does not attempt to do spond to the question, that is not my coming together, very broad based, in a that in any way. So States that are not position at all. My position, which I bipartisan way to support this effort. in the business, that do not want to be think I laid out pretty clearly, is this That is point No. 1. in the business, have nothing to fear amendment is well within all of the Point No. 2 is this is an utterly fair from this amendment. numbers within the budget. It does not and just thing to do. In this overall de- Point No. 5 has to do with the budg- bust those numbers. It does not go be- bate about an energy bill, we are con- et. All of us, led by Senator DOMENICI, yond those budget numbers. That is stantly looking for ways to secure our a former budget chairman, have what I said, that is what I meant, and energy future, to increase our energy worked extremely hard so that this I believe to the extent the Senator did independence, to lessen our dependence does not bust the budget in any way. not argue the point, it is confirmed. on foreign sources, which is so trouble- We have bent over backward to fashion Mr. GREGG. Madam President, some, particularly in a post-9/11 world. this amendment so it is within all the would the Senator from Louisiana While in that debate, it is important budget numbers. yield for a question? to remember that there are a few A budget point of order may never- Mr. VITTER. I will be happy to. States that have been leading that ef- theless be raised and I expect it to be The PRESIDING OFFICER. The Sen- fort and have been doing their part all raised. I want to explain what that is ator from New Hampshire.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7212 CONGRESSIONAL RECORD — SENATE June 23, 2005 Mr. GREGG. The Senator from Lou- know of the very serious concerns Mr. GREGG. Madam President, I do isiana appears to want to have it both which many in that State have about not sense that the manager of the bill ways, that the chairman of the Budget the loss of coastal wetlands caused by is on the floor, but I would be inter- Committee has a right to make this a variety of factors, including some ac- ested in knowing whether the Senators point of order because the chairman of tivities related to the oil and gas devel- from Louisiana wish to enter into a the Budget Committee is given that opment that has occurred there. Sen- time agreement so we can move to a authority by the Senate in order to ator LANDRIEU has been a tireless advo- vote on this point of order. protect the integrity of the budget cate for her State on this issue and I The PRESIDING OFFICER. The Sen- process, and when the chairman of the know her colleague has as well. ator from New Mexico. Budget Committee rises and asks a It is important for my colleagues to Mr. BINGAMAN. Madam President, question which is the basis of his point know what the amendment does not it is my understanding there are other of order, which is that this amendment do. The amendment does not modify Members who have asked to be given a takes a discretionary program and any moratorium on OCS leasing. It chance to speak, some in opposition to turns it into an entitlement program, does not provide an incentive for the amendment, perhaps some addi- and asks the Senator from Louisiana States to start production. It does not tional in favor. So we are not able to does he deem that to be a technical provide for a State opt-in or opt-out for go to a vote at this point. point, the Senator from Louisiana resource assessment or leasing activi- The PRESIDING OFFICER. The Sen- says, no, that is not my argument. My ties. What the amendment does is es- ator from New Hampshire. argument is something else. tablish a coastal impact assistance pro- Mr. GREGG. Did the Senator from Well, I would simply say to the Sen- gram and provide a stream of revenues Louisiana wish to respond to my time ator from Louisiana, he cannot have it for coastal impact assistance to States agreement? I was going to speak. both ways. He cannot say to the budget that already have OCS production off Ms. LANDRIEU. No. I am sorry. I am chairman he has the authority to do their coast. wondering if we could have some addi- this and then say to the budget chair- Under the amendment, funding would tional time. Did the Senator want to man, when he asks the Senator wheth- be made available to address the loss of speak for a certain amount of time? er it is a technical point when the coastal wetlands as well as for other Mr. GREGG. I understand there is an budget chairman elicits why he is projects and activities for the con- objection. I believe I have the—do I doing it, that it is not a technical servation, protection, and restoration have the floor? point. of coastal areas, mitigation of damage The PRESIDING OFFICER. The Sen- It is a very unusual position to take, for fish and wildlife and other natural ator from New Hampshire has the that moving a discretionary program resources, and implementation of fed- floor. to an entitlement program is a tech- erally approved marine coastal and Mr. GREGG. It is my understanding nical point, and that is the gravamen conservation management plans. from the Democratic leader on the bill In addition, up to a fixed percentage of the argument of the Senator from that there is an objection to any time of the funding could be used for mitiga- Louisiana. agreement at this point so there is no Mr. VITTER. Reclaiming my time, I tion of the impact of OCS activities point in even entering a discussion on think I have laid out my position very through funding of infrastructure that matter, I guess. clearly. This is a broad-based, bipar- projects. In other words, the amend- Madam President, I rise to address tisan amendment. This is a fair amend- ment allows funding of certain infra- this issue as chairman of the Budget ment, particularly considering every- structure projects and public services, Committee. I begin with this rather thing that these coastal producing but the amount of funds that can be ex- unfortunate characterization that a States have given the country in terms pended for those purposes is capped. budget point of order is a technical Before concluding, let me clarify one of our energy security. Unfortunately, event around here. significant point. I support the amend- we are a very small number of States Budget points of order are not tech- ment because it does provide dedicated that have contributed in that way. nical events. In my humble opinion, funds from the Treasury for coastal im- This is designed to address a very real they are rather important. I guess that pact assistance. The amendment does crisis in Louisiana and other coastal is because I am chairman of the Budget not provide a percentage of revenues or States. By the way, that is not some Committee. We pass a budget and we future revenues or otherwise call for parochial problem. That is a national say as a Congress and as a party spe- revenuesharing from the Outer Conti- problem, as my colleague, the senior cifically, because nobody on the other nental Shelf. I have stated repeatedly Senator from Louisiana, has outlined. side of the aisle participated in passing my opposition to that idea. It is my It threatens national oil and gas infra- the budget, that we are going to dis- view that the oil and gas resources in structure. It threatens national mari- cipline our house, we are going to be the OCS belong to the entire Nation, time commerce and ports. It threatens fiscally responsible. In fact, the budget and the revenue-sharing arrangement, nationally significant fisheries. we passed was extremely disciplined. It which was earlier discussed but is not Fourth, we are not opening new areas limited nondefense discretionary part of this amendment, would run with this amendment. We are not pro- spending to a zero increase over the contrary to that principle. viding incentives to open new areas next 3 years. For the first time in 7 In closing, I reiterate my support for years, it attempted to address entitle- with this amendment. this amendment. I hope my colleagues Fifth and finally, we are within all ment spending because we see that as will join me in voting aye for the the numbers within the budget. probably the most significant threat to amendment and waiving the Budget I thank the chairman of the com- our fiscal integrity as a nation. Act, if necessary. mittee. I thank Senator BINGAMAN and It had very aggressive language in I yield the floor. the area of enforcement. Certain ac- others. I thank my colleague, Senator Ms. LANDRIEU. I suggest the ab- counts were set up, such as the reserve LANDRIEU, for her leadership on this sence of a quorum. issue. The PRESIDING OFFICER. The account which has been referred to, in I yield back my time. clerk will call the roll. order to make sure that dollars were The PRESIDING OFFICER. The Sen- Mr. GREGG. I object. spent appropriately and not whim- ator from New Mexico. The PRESIDING OFFICER. The Sen- sically or outside the purposes of the Mr. BINGAMAN. Madam President, I ator may not object to a quorum call. budget. rise in support of this amendment. I The clerk will call the roll. That budget passed. It was voted on. am a cosponsor of this amendment. It The assistant legislative clerk pro- It passed by a couple of votes but with would dedicate funding for coastal im- ceeded to call the roll. no Democratic support. However, it pact assistance to States that cur- Mr. GREGG. Madam President, I ask was the first budget to pass this Con- rently produce oil and gas from the unanimous consent that the order for gress in 2 years and only the second Federal OCS adjacent to State waters. the quorum call be rescinded. time in 4 years did we actually get a I have visited the coastal area near The PRESIDING OFFICER. Without budget out of the Congress. I think it is Louisiana with Senator LANDRIEU. I objection, it is so ordered. important that we look to the budget

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But this get another dedicated stream of the budget. amendment doesn’t say we use general money. They already did it once. Why There are a lot of points that have revenues, that we use the General should they get it twice? Every time been raised in presenting this case. Treasury to support that effort. No, it you start a lawnmower in this country, There have been substantive points and says five States have gathered together whether you start it in Louisiana or then there have been arguments that it to take money out of the General whether you start it in upstate New is not outside the budget and therefore Treasury for the purposes of addressing York or Montana or Washington or Or- should be paid for. what they see as their conservation egon, every time you pull that cord and Let me speak initially to the sub- needs, which have no nexus of any sig- it doesn’t start and you pull it again stantive points. I do respect the com- nificance that can be proven to the en- and you finally get it started, you are ments of the senior Senator from Lou- ergy production. sending money to Louisiana. isiana, when she quite forthrightly Granted, those States do produce a Every time somebody in New Hamp- stated that the problem that is being lot of energy and that energy is a ben- caused in Louisiana, relative to loss of shire gets on a snowmobile, you are efit to this country and I appreciate sending money to Louisiana. A lot of frontage and land, is a function of the the fact that they do that. But New levying situation—which benefits the people don’t get on snowmobiles in Hampshire produces more energy than Louisiana, but in New Hampshire they Nation. I do not deny that. I read the we consume—a significant amount book ‘‘Rising Tide’’ and was amazed at do. But we are sending our dollars to more than we consume—because we the impact of that flood and know that Louisiana every time we take out a built a nuclear plant. I will tell you the levee situation addresses that as snowmobile. It is a dedicated stream. I that produced some conservation well as commerce. think last year it was $767 million they But here is the essential problem. I issues. But we are not seeking a special received out of that fund, unique to have reviewed this, briefly. I haven’t fund, for which the taxpayers will have Louisiana. I guess they thought it was reviewed it in depth, but I asked my to pay, in order to take care of that such a good idea they would come back people who are expert in this area, es- issue that will be uniquely tied to New again: Let’s get another dedicated pecially those who work in NOAA or Hampshire. stream of money. What the heck, if it Ms. LANDRIEU. Will the Senator have worked in NOAA, what causes worked once, why not try it twice? this erosion. I agree with the Senator yield? The problem they have, of course, is Mr. GREGG. After I finish my com- from Louisiana, the senior Senator, that this time there is a budget point ments, I will be happy to yield for a that the erosion is essentially being of order against it. So they have to question. convince 60 people that Louisiana caused by the levees. The more appropriate approach here, It is not a function of drilling off- should get this unique treatment, after if this is what the game plan is, is shore, and therefore there is no nexus Louisiana already gets 100 percent of probably to fund something such as— here. Between drilling offshore and the the royalties from the 3-mile area, use these moneys, if you are going to need to restore, the conservation issues which is over $800 million; 27 percent of take money out of the General Treas- around the land that is being lost, the royalties from 3 to 6 miles, which is ury and set up an entitlement program there is no nexus. A scientific nexus about $38 million; and $71 million from for a few States—is to say that pro- does not exist. The issues are really Dingell-Johnson, which no other State gram should be for more than a few independent of each other. How you gets in that dedicated stream. fund the restoration of those shore States. It should be for all the States that have impact from conservation. Then they put it forward for a pro- lands is the issue at hand. But what I gram which has no relationship to en- think is important is that, from a sub- But I don’t think we should be doing even that because I don’t think we ergy production. Interestingly enough, stantive policy debate purpose, the if you read the amendment, it appears problem is not being caused by energy should be creating new entitlement programs, which is the gravamen of that not only does it have no relation- production, and the amendment, as ship to energy production but that the proposed, has no relationship to energy this case, creating a new entitlement program. money could actually be spent on just production, and this is an Energy bill. about anything. It could probably go In other words, this amendment does Louisiana already benefits rather uniquely—and I think this point should into the General Treasury of Lou- not create new production. This isiana. It basically will become a rev- amendment does not create new renew- be made, and folks should focus on it a bit—from a variety of different funds enue-sharing event. It doesn’t have to ables, and it does not create conserva- go to conservation. On page 14 it says: tion. which are generated by energy, which This amendment conserves land, but help them in the area, theoretically, of Mitigation of impacts of Outer Continental the land that is being lost is not nec- conservation. They get 100 percent of Shelf activities through the funding of on- the royalties for the first 3 miles of shore infrastructure projects and public serv- essarily being impacted by energy pro- ice needs. duction, or at least there is no sci- drilling. Last year that was over $800 entific evidence to that effect that I million. I think they get 27 percent of ‘‘Public service needs’’ is a term that can glean. It hasn’t been presented, and the rights for the next 3 miles, and last means you can fund anything. You I think the senior Senator from Lou- year that was about $38 million. What could fund the fact that fishermen are isiana made the case better than I we are talking about are royalties be- not having a good year fishing or that could make it on that point. So there yond those areas, in Federal water— the casino didn’t have a good year of is not a relationship between what this not State water; Federal taxpayers, gambling or maybe, as we have seen oc- amendment wants to gather money for Federal water. casionally in the past, that you wanted and the Energy bill. Louisiana is already receiving a fair to build a Hooters in order to hold the Second, I think it is important to amount of money through the present shoreline in place. ‘‘Public service note that this amendment uniquely royalty process. In addition, due to the needs’’ is a pretty broad term, and I benefits five States at the expense of creativity—I suspect the senior Sen- know there are some very creative peo- the General Treasury. It essentially ator from Louisiana was involved in ple who, when they see language such says those five States have a unique this, and I know the prior Senator from as that, see Federal revenue sharing. conservation issue which the General Louisiana was involved in this— Give me the dollars, I am going to Treasury has an obligation to support through their creativity, when Dingell- spend it on whatever. over other States which have conserva- Johnson was reauthorized, they man- So this amendment not only does not tion issues. aged to get a dedicated stream of have a nexus to energy, it doesn’t even

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Just the issue of fairness is probably So that is the reason I will be mak- States that have onshore mineral the biggest one. ing a point of order at the proper time. production or onshore oil and gas pro- But the bigger issue, of course, is the I am perfectly happy to go to that vote duction on public land get a 50-percent attack on the General Treasury. The as soon as the parties wish to do so. I royalty share. A State such as Lou- representation that this is a technical yield the floor. isiana that has this production offshore event when you create an entitlement, The PRESIDING OFFICER. The Sen- in the OCS gets less than 1 percent. to me, affronts the sensibility of fiscal ator from Louisiana. Yes, there is a justice issue, but the responsibility. The creation of entitle- Mr. VITTER. Madam President, I justice issue is weighted in our favor. ments around here has become a game. wanted to briefly respond to each of I note two things, in particular, the What happens is the Appropriations the major points that the distinguished distinguished Senator from New Hamp- Committee, of which I am a Member— chairman of the Budget Committee has shire mentioned. He talked about other and I honor my service there and ap- made because I believe, quite honestly conservation needs. What about the preciate my chance to serve on it—has and sincerely, he is misinformed about conservation needs brought about by given up massive amounts of spending each of these points. coal activity in West Virginia? The responsibility to the entitlement side. No. 1, the idea that there is no causal chairman should note West Virginia Why? Because every time they create linkage between the problem, at least gets a 50-percent royalty share that di- an entitlement to do something which in Louisiana we are trying to address, rectly relates to that activity. Put us is a discretionary program, it frees up and offshore oil and gas production: on par with West Virginia. We will money to spend on some other discre- Nothing could be further from the take that; we will take 50 percent. The tionary program. So it is a very attrac- truth. I am glad the distinguished Sen- fact is this is a pittance compared to tive event, quite honestly, to create an ator has read ‘‘Rising Tide.’’ But I sug- that. entitlement for a discretionary pro- gest he needs to read a lot more and Is there a justice problem? You bet gram because that gives an appropri- maybe come to Louisiana. there is. West Virginia produces coal, ator freedom to spend the money that There are, of course, several causes and that is great for the country, and has just been freed up—again. that have all worked to create this they get a 50 percent royalty share. We That is how you end up driving up coastal erosion problem, but one of the produce oil and gas, and that is great Federal spending. Because suddenly biggest has been all of the oil and gas for the country, and we get less than 1 you have taken money, for which there service activity which comes off the percent. This is a justice issue, and all was going to have to be some swampy coast of Louisiana. All of that the justice arguments are in our favor. The Senator also mentioned that prioritization because the Appropria- 50 years of activity has created chan- Louisiana has a windfall because 3 tions Committee would have had to nelization of our marshes. That has di- miles off our coast is State waters. say: If we spend ‘‘X’’ million here, we rectly led to the intrusion of saltwater That is true. But the distinguished can’t spend ‘‘X’’ million over there be- into the marshland, the loss of vegeta- Senator from New Hampshire should cause we can’t have it because we are tion, which is the glue that holds it to- note that for Texas, that seaward gether, and this coastal erosion. subject to a budget cap. You take that boundary is 9 miles. For Florida, that money and put it over on the entitle- There is an absolute identifiable, sci- entifically proven, causal connection seaward boundary is 9 miles. Yet be- ment side so that money can be spent cause of historical accidents and between offshore oil and gas activity again. idiosyncracies, it is only 3 miles for That is why this is such an outrage and this coastal erosion problem. It is Louisiana and Mississippi and Ala- as an approach, creating an entitle- not speculative. It has been scientif- bama. Everywhere else it is 9 miles or ically proven. Are there other contrib- ment. There is no way that, as budget more. For Louisiana, Mississippi, Ala- uting factors? Of course. Is levying of chairman, in good conscience, I can bama, it is a third of that, about 3 the Mississippi a significant factor? Of allow this type of activity to go for- miles. ward without being at least noticed— course. But there is a direct causal You bet there is a justice issue. But, without at least putting up the red flag connection. again, the injustice for 50 years and and saying: Hey, folks, this is highway Point No. 2, the chairman has sug- more has been against us. We are try- robbery. This is a attempt to raid the gested there is no relation between this ing to correct that in a truly modest Treasury, to stick it to the taxpayers money and energy production. Again, way with this amendment. twice. nothing could be further from the Fourth and finally is the budget That is why I raised the point of truth. The amendment specifically point. I reiterate and am very specific order. I will probably lose it because states these States share in this fund and very clear: This amendment is there is a log rolling exercise going on in direct proportion to their Outer Con- wholly within the numbers built into around here that is significant. But it tinental Shelf energy production. The that budget. As the chairman knows, doesn’t mean I should not raise it; way to calculate how much each State built into the budget is a fund specifi- That is my job. That is what I am here gets is according to what activity, in cally dedicated to the Energy bill. This for, I guess—temporarily, anyway. meeting the Nation’s energy needs, amendment is well within those num- So that is the essence of the problem. goes on off our coast. There is a direct bers. Substantively, this is not an energy connection between the calculation of There are lots of things in the En- issue. The State of Louisiana already the money and this activity. Again, a ergy bill that are mandatory spending. has many revenue streams, including, direct connection in terms of what There are lots of tax provisions. There ironically, unique revenue streams money the States get directly depend- are lots of other provisions that basi- which they have been successful in the ent on what OCS oil and gas activity cally can amount to mandatory spend- past in gaining. This would be an addi- exists. ing. This is the same as that. There are tional revenue stream which would be Point No. 3 causes me the most angst lots of other things that are not sub- inappropriate to limit to five States being from Louisiana, the notion that ject to future decisions or future appro- because conservation is not a unique there is no justice to this amendment, priation or other decisions. This is tan- problem for Louisiana, and there are or that this is somehow a rip-off to the tamount to that, and it is within the other States that actually have higher advantage of Louisiana and other numbers built into the budget for the equity arguments relative to impacts coastal States. Nothing could be fur- Energy bill. We have bent over back- from energy directly related to where ther from the truth. We have worked 50 wards, worked very hard, to make sure the conservation dollars are going. years to produce energy in this coun- that was the case. I am sure there are significant con- try. We are one of the only States in I yield time to the senior Senator servation issues in Louisiana relative this country to have done this. The from Louisiana, Ms. LANDRIEU.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7215 The PRESIDING OFFICER. There is These States are at the top of the propriately, the Senator would under- no time. chart for usage: California, New York, stand that these are some of the ex- The Senator from Louisiana. Ohio. There are others. traordinarily beautiful places that we Ms. LANDRIEU. I ask unanimous People say every State contributes are trying to save. consent to speak for 5 minutes since we what it can. Some produce sweet pota- There is a delta that is growing in have no timeline. toes, some produce Irish potatoes, Louisiana. It is the Atchafalaya Delta. The PRESIDING OFFICER (Mr. EN- some States have beaches, some States And because of its natural beauty and SIGN). Without objection, it is so or- have mountains. I understand that ar- because the water continues to flow dered. gument. That is what makes our Na- and because of the good technologies Ms. LANDRIEU. Mr. President, I ap- tion great. We all contribute to this our great universities have contributed preciate so much the support we have great whole. But Louisiana contributes to understanding the ecology of a on this amendment from both sides of more than its share and it has since delta—there is no delta in New Hamp- the aisle. A great deal of thought has 1940. shire, I don’t believe. The last time I gone into this amendment. My col- Are we asking anybody else to do checked there wasn’t one, but there is league from Louisiana answered every that? No. Are we trying to move mora- a big one in Louisiana, the seventh single one of the objections raised toria? No. We are saying for the money largest delta in the world. It is a grow- against this amendment by the Sen- we contribute—we understand the OCS ing delta. If you looked on a map from ator from New Hampshire. I add just a does not belong to us; we do not claim the satellite, you could see there is few words. it does—we are saying for the money land growing off the coast of Lou- First of all, the Senator has done a we contribute, could we please have isiana. We are proud that this very good job as budget chairman. I six-tenths of a percent. If it means an Atchafalaya Delta is growing. We are have enjoyed working with the Senator entitlement, let me say to the Senator, on many issues, including the edu- preserving it. The State is spending the people in Louisiana are entitled. cation reform issue and trying to move millions of dollars to buy this land and They are entitled to the money we toward a balanced budget. I share his preserve it. helped contribute to the general fund. I Any argument in the Senate that the goals in so many ways. He, of course, is a great advocate for don’t take that as an insult, I take it people of Louisiana are sitting around his State, although he is somewhat as a compliment to the people of my twiddling their thumbs, not smart critical of an act that we fondly, and in State. We are entitled to some small enough to figure this out, is an insult. a very appreciative way, refer to as the amount of money we are asking for. We I don’t think that is what the Senator Breaux Act in Louisiana. We take that are willing to share it with the States meant, but sometimes people in Lou- in Louisiana as a great compliment that did not produce nearly the isiana hear words in the Senate that when a Representative, a Senator or a amount we produce, but we are happy lead them to believe that might be the Congressman, can use their commit- to do that. In fact, the Presiding Offi- conclusion. I am certain that is not tees to do something that is so war- cer may remember we have had bills to what he meant. ranted and so worthy and so necessary try to share the money with everyone. We have every intention of using this for a State. Senator Breaux served so No matter what we try, we can share money to preserve these wetlands, to ably in this Senate for many years. We with everyone, but it is never quite make the place that we have lived for refer to that act as the Breaux Act. enough, never quite right. over 300, 400 years more beautiful, and The Senator is correct, we get a rel- We have it right this time because we most importantly to make it secure for atively substantial amount of money, probably have over 60 supporters of the future. As this marsh goes away, it $50 million a year. It started out at $20 this amendment to give Louisiana and threatens not only the life and liveli- to $25 million and has gone up to $50 these coastal States a small share of hood and investments of the 2 million million. However, that is a drop in the the money that, yes, they are most cer- people who happen to live there and bucket considering the money that tainly entitled to. the 1 million people who live on the Louisiana has generated for this Na- Second, in this bill, the use of this coast of Mississippi—because this tion and for the Senator’s general fund. money will go to wetlands conserva- marsh land protects them, as well—it There has been $155 billion generated tion and resources. There have been a also puts at risk billions and billions of since 1953. Last year alone, $5 billion lot of pictures shown of the coast. I dollars of infrastructure that the oil came off the coast of Louisiana. That will show one of my favorites because and gas industry has invested for the would not be possible without our this is what our coast looks like. This benefit of every single solitary Amer- State agreeing to lay the pipeline, is what we are trying to keep healthy, ican, whether they live in New Hamp- drive the pipe, allow the trucks to a place where wildlife can flourish. A shire, Maine, Illinois, California, or come down our two-lane roads that go lot of people live near marshes like Florida. underwater even when it rains. Forget this. When they open their kitchen The Senator from Louisiana and I the storm and hurricanes. Five billion windows, they do not see interstates or have made our points very well. We ap- dollars last year. big highways, they see this marsh. preciate the work of the Senator from If any State has contributed to the If you live near the Atchafalaya and New Hampshire and his work on the Federal Treasury anywhere near that you open your back windows, you will budget. We understand he has a tough amount with their resources, please, I see a beautiful cypress forest. Most are job. But we have a job to do, as well. would like to know. No other State, ex- gone in North America, but we are for- That job is to get six-tenths of 1 per- cept the State of Wyoming, contributes tunate to have some in Louisiana we cent of the money that we generate for more to energy independence than the are trying to preserve. If you go out this Nation without bellyaching about State of Louisiana. Wyoming gets prize near Lake Maurepas around Lake it, without complaining about it. We 1 and we get prize 2. I am speaking Pontchartrain, this is what you see have patiently and consistently asked about all sources—nuclear, hydro, geo- when the sun sets in the evening. for some fair share. thermal, wood, wind, waste, solar, oil, I am tired of people coming to the Yes, Senator Breaux was quite suc- natural gas, and coal. All of it. The Senate and putting up pictures of peli- cessful in managing a small amount of States of Wyoming, Louisiana, West cans with oil all over them. We are money, but the tab that we have, the Virginia, Alaska, New Mexico, Ken- wise people. We are an industrious peo- Corps of Engineers has helped us to ap- tucky, Oklahoma, Montana, North Da- ple. We are a people who care about our preciate. The tab that we have to pick kota, Colorado, and Utah, generate environment. We have cared about it up right now in our 20/50 plan is esti- more energy in their State than they for hundreds of years. And we continue mated to be $14 billion. consume, more energy than their in- to try to save it. So am I to believe the Senator from dustries need, and we export it out. The Senator from New Hampshire New Hampshire expects the 4.5 million And we are happy to do it because we can most certainly appreciate how people in Louisiana to pick up the actually believe in our State what we much we love our State because he tab—$14 billion—to fix the wetlands say in the Senate, that we want to be loves his, and how smart the people in that is not ours but belongs to every- energy independent. Louisiana are to use the resources ap- one, that we did not destroy but the

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7216 CONGRESSIONAL RECORD — SENATE June 23, 2005 Mississippi River leveeing destroyed, here, as shown on the chart, that be- is a budget point of order that lies. It and put taxes on us to do this? I do not longs to the Federal Government. But is not an insignificant point of order think he would suggest that. the Federal Government could not get when it involves creating a new enti- This is a partnership we ask for. We to it unless we allowed pipelines. There tlement. will do our part. The Federal Govern- are 20,000 miles of pipelines put under Mr. President, I yield the floor. I ment should do its part. We are going this south Louisiana territory to go all would be happy to vote on this now, to continue to press this issue. I am over the country, to keep our lights on but I understand the other side has res- pleased to be able to answer some of and our industries running. ervations about voting now. But it is those questions and concerns. So again, there is revenuesharing. We fine with me to go to a vote. Finally, this is a picture of the wet- would like our share. This is going to The PRESIDING OFFICER. The Sen- lands itself from a satellite view. This go for a good cause, for the preserva- ator from New Mexico. is Louisiana’s coast. It is very different tion of an extraordinary marsh. It is Mr. DOMENICI. Mr. President, first, from Florida, very different from Cali- time for us to make this decision today let me say to the Senator from New fornia. As I said, most people have for Louisiana and the coastal States. Hampshire—— never quite seen it because there are I yield the floor. Mr. GREGG. Can I get the yeas and only two places you can get to. One is The PRESIDING OFFICER. The Sen- nays on the motion to waive? Grand Isle, which is shown right here, ator from New Hampshire. Mr. DOMENICI. Of course. that tiny, little place. It is a beautiful Mr. GREGG. Mr. President, I appre- Mr. GREGG. Mr. President, I ask for little island, but it keeps getting bat- ciate the forthrightness of the Senator the yeas and nays. tered by the hurricanes that continue from Louisiana. She has made my case. The PRESIDING OFFICER. Is there a to come. And Holly Beach is some- She says it is revenuesharing. I agree sufficient second? where right around here on the map. It with her. She says it is an entitlement. There appears to be a sufficient sec- is too small to see on the map. I agree with her. She says they want ond. There are only two roads you can get their share. I agree that is what this The yeas and nays were ordered. to. No one can see our coast unless you plan would do. It would create a new The PRESIDING OFFICER. The Sen- are one of the thousands of fishermen entitlement. It would take money from ator from New Mexico. Mr. DOMENICI. Mr. President, might who come fish and tie their boats up the general fund and send it to Lou- I say to the Senator from New Hamp- next to the rigs. They actually fish isiana. shire, of course, this motion is debat- next to the oil and gas rigs. That is Fifty-four percent of the money able, as the Senator knows. We do not where the best fishing is in the Gulf of under this amendment goes to Lou- want to take a lot of time, and we do Mexico. So unless you are one of those isiana. The amendment started out as not want them to take a lot of time. fishermen, or one of the trappers who a $200 million a year amendment. Now But we have objection to proceeding have trapped here—for hundreds of it is up to $250 million a year, which from the other side, so we are going to years families have trapped here—you would mean Louisiana would get about be here a while. Sooner or later we will would not know where this is or what $135 million. vote, even if it is at the end of 30 hours. it looks like. But we do because we rep- The issue of whether it violates the Everybody should know that. So who- resent this State. budget is obvious. It does. And the We are losing this land and must find issue of whether it is technical is obvi- ever is delaying this, all the other a way to save it. ous. It is not technical. It would create amendments are waiting. This amendment is a beginning. My a new entitlement. And it is certainly Mr. GREGG. Mr. President, I leave it colleagues have been so patient. Our not technical to say five States should to the good offices of the chairman of colleagues have been so helpful. Chair- have a unique role in conservation rev- the committee, who is an exceptional floor leader, to tell me when he wants man DOMENICI and Ranking Member enues from the Federal general treas- to have a vote. BINGAMAN have seen this land. ury, that they should have a unique Mr. DOMENICI. I say to the Senator, Again, as my partner from Louisiana right to that as compared to other you should know that at some point I said—and I am going to wrap up in a States which have equal arguments of am going to take 3 minutes to explain moment—this does not open moratoria. equity relative to conservation. my version of the budget. It is not an opt-out or opt-in amend- So it is very hard to understand— Mr. GREGG. I look forward to that. ment. It is simply a revenue-sharing well, no, it is not hard to understand. Mr. DOMENICI. You do not have to amendment. We believe the people of The Senator from Louisiana made the be here, but I want you to know that so Louisiana and Mississippi and Texas case. They want their share, they want you don’t think I am doing it without and California and Alaska and Ala- revenuesharing, and they want an enti- your knowledge. I will not take more bama are entitled to some of the tlement. That is what they are going than 3 minutes explaining what I think money, a small amount of money they after here. It is a grab at the Federal it says. All right. are contributing to the general fund Treasury. Maybe they will be success- I yield the floor. that helps us keep our taxes low and ful at it. But before they do that, they Mr. CORZINE. Mr. President, I sug- funding projects all over the Nation. are going to have to at least overcome gest the absence of a quorum. Mr. President, 30 more seconds. The a point of order and vote to disregard The PRESIDING OFFICER. The Senators have been so patient, but I the budget. clerk will call the roll. want to say this one response. At this point, I do make that point of The legislative clerk proceeded to The PRESIDING OFFICER. Without order. Mr. President, this additional call the roll. objection, it is so ordered. spending in this amendment would Mr. LOTT. Mr. President, I ask unan- Ms. LANDRIEU. When the Senator cause the underlying bill to exceed the imous consent that the order for the says no other States share the reve- committee’s section 302(a) allocation; quorum call be rescinded. nues, that is inaccurate. I know he is and, therefore, I raise a point of order The PRESIDING OFFICER. Without aware that interior States share 50 per- against the amendment pursuant to objection, it is so ordered. cent of their revenues from Federal section 302(f) of the Budget Act. Mr. CORZINE. I object. land in their States. Louisiana does The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Objec- not have a lot of Federal lands. Texas ator from Louisiana. tion is heard. has very little Federal land. Mis- Mr. VITTER. Mr. President, I move The clerk will continue the call of sissippi does not have much Federal to waive the applicable sections of the the roll. land. Most of that is in the West. We Budget Act with respect to this amend- The legislative clerk continued with are different. We are not the West. We ment. the call of the roll. are the South, although Texas could The PRESIDING OFFICER. The Sen- Mr. LOTT. Mr. President, I ask unan- claim to be both. But Louisiana and ator from New Hampshire. imous consent that the order for the Mississippi are Southern States. We do Mr. GREGG. Mr. President, I think quorum call be rescinded. not have a lot of Federal land. What we the fact that this budget point of order The PRESIDING OFFICER. Without do have is a lot of land right off of has to be waived makes the case there objection, it is so ordered.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7217 Mr. LOTT. The pending business is set. I resent that hypocrisy, quite Now we are accused of trying to bust the amendment offered by Senators frankly, but that is the way it is. the budget. No, we are trying to get a Landrieu, Domenici, Vitter, and others All we are saying is, in our area— fair share. It is not big money in my with regard to the offshore royalty. Texas, Louisiana, Mississippi, Ala- State, but it would make a huge dif- The PRESIDING OFFICER. The Sen- bama—we have been willing to do what ference. When you come from a small ator is correct. needs to be done, the right thing for 2.8 million-population State with a his- Mr. LOTT. Mr. President, I believe our region, for our people, and for our tory of poverty and needs, even though there are some negotiations going on country. So we have oil and gas off the we are making some progress now—we on other issues. My intent is to speak coast. I haven’t had a problem with it. are not 50th or 49th or 48th on most strictly on this amendment, and then I I live on the Gulf of Mexico. When I get lists; we are moving up the line, cre- would be glad to put a quorum back in up in the morning and look out the ating more jobs, more businesses, bet- place if there is not another Senator window, I am looking at the gulf. I am ter education, better roads—we have waiting to speak. looking at the pelicans that now are other problems. We do have wetlands To me, this amendment is about en- plentiful. I am sure they are coming that are being disturbed or destroyed. ergy production, but it is also about from Louisiana. When I look at ships We are losing some land, as they are in basic fairness. I am not going to argue going and coming, I am looking at oil Louisiana. We do have some environ- at this point with those who are op- tankers, smaller tankers that are mentally sensitive and some historic posed to oil and gas drilling in various lightering oil from bigger tankers. I sites we need to preserve, protect, and and sundry places. I personally think can remember sitting on my front improve. We need some help. We are we should drill where the oil, where the porch and looking at a natural gas well prepared to do the dirty work. We are gas is. I know that is a novel idea. I do being flared late at night. It wasn’t prepared to take the risks. We are pre- believe we need a national energy pol- ugly. It was really quite pretty. But pared to do the right thing and share it icy that is broad, that will have more there are risks that go with this. with America. But we do think we production of oil and gas and clean coal Particularly in Louisiana, they have should get a little bit of the return on technology and hydropower and nu- paid some prices for what we have the royalties that go right through our clear power and LNG plants and con- done. We levied the Mississippi River, hands to the rest of America. servation and alternative fuels—the the big and mighty Mississippi River, This is not a great money grab by whole package. to keep it from overflowing year after Louisiana or Texas, Alabama. This is a I am glad we appear to be getting to year. That has affected their wetlands way that we can get some help from the end of this debate and amendment because now you don’t have that over- things that we are producing, some process and hopefully will produce a flow that goes particularly west of the benefit that will help our people and bill that passes overwhelmingly and river that puts sediment out there. The preserve the areas we live in and love. will get into conference and will come levees send it right on out into the We are accused of being insensitive to up with a bill that can be passed. We gulf. Now we are concerned about dead the environment and to conservation. need to do it for the country. zones. We are concerned about the im- Well, this will give us a way to do This legislation is about national se- pact on salinity. We are concerned something about it. Quite often, we curity, and it is about economic secu- about the fisheries in the gulf, the don’t do what we need to do because we cannot afford it; we do not have the rity. If we don’t deal with the problems shellfish and others. of energy needs, if we don’t become less We have had to oil drill. In some money. I plead with my colleagues dependent on foreign imported oil, the areas of our region, that has led to from all parts of the country: Look at day will come when we are going to some channelization. When you are what we are doing. Look at what prob- have a problem. Just remember, those taking things from under the Earth, I lems we are coping with, and look at troops in Iraq and Afghanistan and think it has an effect on elevation in what we will do with this small around the world, those sailors steam- certain areas, wetlands areas in par- amount of money. By the way, the budget allowed $2 ing in ships, those tanks, those planes, ticular, estuaries. billion in this energy area for us to it takes fuel to run them. So it is about You might say: Wait a minute. You make some decisions on. Yes, it can be national security. get the benefit of the business. Some, objected to on a point of order at the We are an energy-driven economy. yes, I don’t deny that. It does create committee or on the floor or out of We need this diversity. We need more some jobs—some good-paying jobs, conference. But there was money al- production, more independence. I be- some dangerous jobs. It does, though, lowed, and this amendment gets well lieve we should open more areas than create a lot of activity for which we within that number. I think this is a we are prepared to do apparently. But have to provide services—roads, har- questionable budget point of order, al- the fact is, in my part of the country bors. Some of the big companies in the though I don’t dispute that the chair- and the Gulf of Mexico, we have been Gulf of Mexico drill off of our coast of man has that authority. I want him to prepared to have an energy policy. We Mississippi, but they don’t do business have that authority. Chairman JUDD have been prepared to have the oil and there, not in my State. They don’t GREGG is doing his job. I am not mad at gas industries and refineries and nu- really even hire that many employees. him. I told him I hope he will do his job clear plants and LNG plants. We are So there is some good from this, but and I hope he will do it for effect, but prepared to do what is necessary not there is some risk and some bad things. don’t get mad about it. If anybody just for our own people and for the fi- Other parts of the country, when you should get mad, the Senators from nancial benefit of our own but, frankly, drill in their States, they get 50 per- Louisiana and the Texans should get for the whole country. cent of the royalties, and we get an in- mad, and the Mississippians, too. We are prepared to produce fuels and finitesimal 1 percent plus some bene- I support this amendment. I plead oil and gas and other fuels. We are pre- fits within, I guess, the 6-mile limits of with my colleagues, let us have a little pared to refine it and share it with the the State. But that money coming out bit to help ourselves, and we will in rest of the country. We are prepared to of the gulf goes into the deep dark hole turn help the country. wheel our power to other parts of the of the Federal Treasury. A lot of it Ms. LANDRIEU. Mr. President, will country because we have been willing goes into land and water conservation the Senator yield for a question? to take the risks. We are willing to for other parts of the States. Mr. LOTT. I yield to the Senator build utility plants. Other States are saying: We don’t from Louisiana. Other parts of the country don’t want want you to drill or produce or build Ms. LANDRIEU. The Senator from to drill. They don’t want coal. They utility plants in our area. And by the Mississippi has made such excellent don’t want nuclear power. They don’t way, we don’t want you folks down points, and we appreciate his com- want hydropower. They don’t want there who are doing the job and taking ments and support. The Senator may utility plants. They want nothing. But the risk to get any of that money. We want to express for a moment the ter- they want to flip the switch and have want that money to come up to the ror that reigned south Louisiana, Mis- the lights come on. They want to get in Federal Treasury and come to our sissippi, and Florida last hurricane sea- their SUVs and drive off into the sun- States. son with the unusual number of storms

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7218 CONGRESSIONAL RECORD — SENATE June 23, 2005 that came up through the Gulf of Mex- issue that could go either way, in tance to Utahns, provisions I authored. ico and how frightening it is to people terms of the point of order and the pro- These include my CLEAR Act, which on the coast when these wetlands con- visions of the Budget Act. The Senator promotes alternatives in the transpor- tinue to disappear. The intensity of has made that point, and I congratu- tation sector, my Gas Price Reduction those storms gets greater and greater, late him for doing that. through Increased Refinery Capacity and the damage to property and the We are not quarreling with the fact Act, and my proposal to improve the threat to life is fairly serious. that you can make a point of order, but treatment of geothermal powerplants. As a Senator who lives on the Gulf of you should not as a matter of the over- All were included in the energy pack- Mexico, maybe just a word to talk riding national interest. It is a na- age. about what happened to our States last tional interest; the integrity of the I am also grateful to the leaders of hurricane season. Gulf Coast States are at risk. We have the Energy Committee, Chairman Mr. LOTT. Mr. President, we have before us a solution to the problem, DOMENICI and Senator BINGAMAN, for great fear that some day, one of those and it is in the national interest that agreeing to include the major provi- hurricanes will go right up the mouth we support it. That is the argument sions of another bill of keen interest to of the Mississippi River and inundate that is being made to the Senate right Utahns, my bill, the Oil Shale and Tar New Orleans. When Hurricane Ivan was now. So however this vote is couched, Sands Promotion Act, S.1111, which coming through the gulf last year, in terms of a motion to waive the was cosponsored by Senators BENNETT when it got to the hundred-mile mark- Budget Act or on the validity of the and ALLARD. er, it was headed for my front porch. point of order, I hope the Senate will Our bill would promote development Then it veered to the east and missed come down on the side of the gulf coast of the largest untapped resource of hy- us by about 90 miles and did a lot of Senators who are trying to solve a drocarbons in the world. There is more damage. problem that is in the national inter- recoverable oil in the oil shale and oil What can we do about that? First of est. We ought to recognize that and sands of Utah, Colorado, and Wyoming all, you have to have evacuation vote that way on this issue. than in the entire Middle East. routes. We need more money for roads Mr. LOTT. I thank my colleague The chairman and his staff have done to allow the people to get out of there. from Mississippi for his comments and yeomen’s work to successfully strike a The best buffer against the damage is his knowledge of the issue and the pro- compromise on S. 1111 that is agreeable the wetlands, the protective barrier is- cedures we are dealing with. It is a to all sides and that can be accepted lands, protective areas. The only rea- great comfort to have him here. into this bill. I thank both leaders for One final point before I yield the son my house hasn’t been wiped out is that effort. because we have a seawall in front of floor. I thank Senator DOMENICI and And finally, I thank them for includ- my house, and we are up on a rel- Senator BINGAMAN for working with ing my bill, S. 53, in the Energy bill. S. the Senators who are sponsoring this atively high point. My house is 11 feet 53 would amend the Mineral Leasing legislation to try to help us find a way up off the ground, what we call an old Act to authorize the Secretary of the to make this effort, to get it at a level Creole house. Interior to issue separately, for the that would be helpful to us that would It survived hurricanes for 150 years. same area, a lease for tar sands and a not be a budget buster, that would But these estuaries, these areas outside lease for oil and gas, thus freeing up a comply with the amount of money that the main area in which we live, are new resource of natural gas in our Na- was allowed in the budget resolution. critical because once that high wind tion. So I commend Senators VITTER and and water hits that area, it begins to Now, I would like to turn to the LANDRIEU, and I hope we will be able to lose its strength. If we keep losing land Hatch-Bennett amendment on high into the gulf, across the Gulf of Mex- get this provision approved. I yield the floor. level nuclear waste, which we filed in ico, the hurricane damage—even The PRESIDING OFFICER. The Sen- an effort to bring some focus to our Na- though the violence may not increase, ator from Utah is recognized. tion’s policy for handling spent nuclear the damage will really increase. This is Mr. HATCH. Mr. President, on behalf fuel. just one aspect. of the people of Utah, I thank the man- In my hand is an article from yester- By the way, we have to be prepared agers of this Omnibus Energy bill for day’s Washington Post. to get people off these oil rigs and out their leadership in producing a com- The headline reads, ‘‘Bush Calls for of the Gulf of Mexico. We have to have prehensive and broadly supported pro- More Nuclear Power Plants.’’ And the infrastructure to do that. This will posal. article begins: ‘‘President Bush called help us achieve that goal. If the American people think biparti- today for a new wave of nuclear power I yield to my colleague from Mis- sanship is dead in Congress, they plant construction as he promoted an sissippi. should look at this bill and how it is energy policy that he wants to see en- Mr. COCHRAN. Mr. President, I ap- being managed on the floor these past acted in a bill now making its way preciate the Senator’s remarks. I as- 2 weeks. through Congress.’’ sure him that I support everything he On behalf of the people of Utah, I The President is calling for a robust has said, and I agree it is now time for want to thank the managers of this nuclear power strategy, and his reasons us to recognize that the initiative of Omnibus Energy bill for their leader- are clear: nuclear power is clean and the Senators from Louisiana, Senator ship in producing such a comprehensive safe, and there is an abundant supply VITTER and Senator LANDRIEU, and oth- and broadly supported proposal. of cheap uranium in Northern America. ers, including my colleague from Mis- If the American people think that bi- But my question is, ‘‘What are we sissippi, deserves to be supported. It de- partisanship is dead in Congress, they going to do with all the waste?’’ serves our support. should take a look at this bill, and how We cannot have a nuclear power I understand the question about the it is being managed on the floor these strategy until we know what to do with budget, but I am reminded about an ap- 2 weeks. all the spent nuclear fuel. peal that I had to defend one time in I must commend the leadership of And what is becoming quickly appar- the Supreme Court of the State of Mis- Chairmen DOMENICI and GRASSLEY, and ent to me and to the people of Utah is sissippi. The lawyer on the other side their Democratic counterparts, Sen- that we do not have a coherent na- started off his brief he filed with the ators BINGAMAN and BAUCUS as the tional nuclear waste policy. Until we supreme court, and he said that this is Senate considers this critically impor- do, we are putting the cart before of a classic example of a claim not being tant piece of legislation. the horse. paid on the basis of a mere techni- In addition, I want to thank Chair- For years, I have supported sending cality. Well, of course, there was a lot man GRASSLEY and Senator BAUCUS for this high level nuclear waste to the more to it than just that. The techni- working so closely with me on the en- desert of Nevada. cality was a real impediment to the ap- ergy tax incentive package, now part of To be honest, it has never been an peal being filed by my opponent in that the Omnibus Energy bill. easy vote for me, because it was case. But I was reminded of that when In particular, this bill includes a against the wishes of my friends and I was walking over here. This is an number of provisions of great impor- colleagues from that State. However, it

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7219 has been our national policy for more Board ruled that the threat of a crash oughly taking into account the added than two decades to build a site at from an F–16 was too great to allow a terrorist threat our Nation now faces. Yucca Mountain, a safe, remote loca- license for the proposed facility. Not Yet the Nuclear Regulatory Commis- tion, where spent fuel could be taken letting science get in its way, PFS sion has refused to reopen the Environ- over by the Federal Government and came back later after two of the three mental Impact Statement to consider buried deep beneath the desert. judges were replaced with new ones, this new threat, even though post-9–11 Even though Utah does not use or this time making a different pitch even studies have been completed at all produce nuclear power, I have recog- though all the facts remained the other facilities licensed by the NRC. nized the need to have a nuclear power same. It is apparent they just want to dump program in the U.S. that relies on a As a result, the two new judges ruled, this stuff somewhere. I have to say, if plan to safely handle our waste. In in a two-to-one decision, that the risk this continues, I am certainly going to other words, we need a strong nuclear of a crash from an F–16 was low enough do some reconsidering myself. waste program. to allow the license. I found this especially troubling Here is a picture of the desert area One has to wonder who in the world since the NRC has never granted a li- where Yucca Mountain actually is. You would allow the license for a small cense for the storage of more than can see it is desolate and out in the tribe in this area with this type of dan- about 60 casks, but the Skull Valley middle of nowhere. ger. The trustee I don’t think could site will hold up to 4,000 casks of this Unfortunately, a few nuclear power possibly do that. Nevertheless, they ig- waste. utilities are attempting to hijack our nored the prior commission and went I want my colleagues to understand Nation’s nuclear waste strategy by ahead and did it. that not only is the size of the PFS joining forces to build an away-from- However, Judge Peter Lam, the sen- proposal a gigantic precedent, but reactor, aboveground storage site for ior member of the panel, and its only issuing itself a license for a private one-half of our Nation’s high level nu- nuclear engineer, gave a very strong away-from-reactor storage site has clear waste on a tiny Indian reserva- dissent. I would like to quote from never been done and runs counter to tion in Tooele, UT. Judge Lam’s dissent: the Nuclear Waste Policy Act which Even more unfortunate is that the The proposed PFS facility does not cur- clearly limits the NRC to license stor- only tribe they could con into taking rently have a demonstrated adequate safety age sites only at Federal facilities or this waste was the Skull Valley Band margin against accidental aircraft crashes. onsite at nuclear powerplants. of the Goshutes, whose small reserva- . . . This lack of an adequate safety margin Former Secretary of Energy Abra- tion just happens to sit on one of the is a direct manifestation of the fundamen- ham stated publicly he shares our in- most dangerous sites you could imag- tally difficult situation of the proposed PFS site: 4,000 spent fuel storage casks sitting in terpretation. In a letter to members of ine for storing high level nuclear the flight corridor of some 7,000 F–16 flights the Utah congressional delegation, waste. a year. Secretary Abraham issued a policy The Skull Valley reservation is di- Judge Lam also cited the inadequacy statement that barred any DOE reim- rectly adjacent to the Air Force’s Utah of the new methodology used to deter- bursement funds from being used in re- Test and Training Range and Dugway mine that the site would be safe. lation to the Skull Valley site. This Proving Grounds where live ordnance He writes: would include industry members who is used. In this current proceeding, the Applicant would lease space at the site. He said: Here is an illustration of an F–l6 that has performed an extensive probability anal- Because the PFS/Goshute facility in Utah flies regularly in this area. ysis and a structural analysis to rehabilitate would be constructed and operated outside This location proposed for the above- its license application. As explained below, the scope of the [Nuclear Waste Policy] Act, ground storage of half of our nuclear the Applicant’s probability and structural the Department will not fund or otherwise waste sits directly under the flight analyses both suffer from major uncertain- provide financial assistance for PFS, nor can path of 7,000 low altitude F–16 flights ties. These uncertainties fundamentally un- we monitor the safety precautions the pri- every year. dermine the validity of the analyses. vate facility may install. Even if this area were truly remote Mr. President, with 7,000 F–16 flights My amendment is compatible with from all civilization, which it is not, every year, one can imagine that emer- the policy outlined by Secretary Abra- its location alone should disqualify it gency landings are not uncommon at ham in his letter. It would ban the for the storage of even one cask of high the training range, and I am unhappy transportation of high level nuclear level nuclear waste. But that’s the to report that crash landings are not waste to private away-from-reactor problem with allowing private intrests rare, either. waste sites and calls for a study to the to establish our nuclear waste strat- In the last 20 years, there have been feasibility of storing spent fuel either egy, economics can get in the way of 70 F–16 crashes at the Utah Test and at Department of Energy facilities or reason and safety. Training Range, and a number of these of the Department taking possession of Mr. President, 80 percent of Utah’s crashes have occurred well outside the the spent fuel onsite at nuclear reac- population sits within 50 miles of the boundaries of the training range. tors. Skull Valley reservation. I have found it baffling that the My amendment calls also for a study Represented on this picture are the Final EIS for the Skull Valley plan of reprocessing spent nuclear fuel for type of communities we have near that does not require PFS to have any on- future use. place. site means to handle damaged or Let me state the obvious for the As a crow flies, Skull Valley is less breached casks. Rather, the NRC staff record. The PFS plan is vehemently op- than 15 miles away from Tooele City, concluded the risk of a cask breach is posed by the entire Utah congressional one of the fastest growing cities in so minimal that they did not have to delegation, Gov. Jon Huntsman, former Utah, which is becoming a major sub- consider such a scenario in their EIS. I Gov. Michael Leavitt, and an over- urb of Salt lake City. find this conclusion dubious and dan- whelming majority of Utahans. In fact, Skull Valley is only about 30 miles gerous in light of the facts relating to virtually everybody in Utah. A large from the Salt Lake City International F–16 overflights. portion of the 70-member Goshute Band Airport. And let us not forget that In his dissent, Judge Lam refers to is strongly opposed to the proposal. We many of the families of the Skull Val- the threat of accidental aircraft acci- believe a majority of them are, but ley Band live right on the reservation, dents. He doesn’t even go into the pos- there is some indication of fraud in and half, if not more, of them are sibility of terrorists. Since the events their elections out there. against this. These families face, by of September 11, we have learned that Furthermore, the leader of the band, far, the greatest risk. one of our Nation’s most serious Leon Bear, has pleaded guilty to a Fed- When this group of utilities, known threats may come in the form of delib- eral indictment. It is notable that as Private Fuel Storage, or PFS, ap- erate suicide air attacks. It would seem every other tribal government in Utah plied for a license from the Nuclear inconceivable that a Government enti- has come out flatly against it. How Regulatory Commission, the Commis- ty would consider giving their endorse- could any trustee for the Indians allow sion’s three judge Atomic Licensing ment of the PFS plan without thor- something like that to be?

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It was with good reason that clear fuel on a privately run and pri- we have a high-intensity need for clean our Nation’s nuclear waste strategy vately owned offsite facility, such as burning natural gas right here in has been built around the expectation the Skull Valley reservation in Utah, America. And jobs will be saved if we that the Federal Government, namely is a component of our national nuclear produce it here within our own borders. the Department of Energy, would take waste policy. We are supporting new technologies possession of spent nuclear fuel rods. Mr. DOMENICI. Mr. President, in re- for the production of electricity using What better example do we need than sponse to that question, I would say clean coal technology—where we are the PFS plan to see why private indus- that our national policy for handling embracing the advances of technology try should not be allowed to develop high level nuclear waste is to store it to utilize an abundant resource, coal— and implement our Nation’s nuclear at the proposed DOE site at Yucca we are the Saudi Arabia of the world in waste strategy. Mountain. I don’t know whether the coal, and we ought to be using it, as Think about it. PFS is a shell cor- Skull Valley site will receive the regu- well as new technologies for clean nu- poration. If anything went wrong, Utah latory approval it needs. That is not clear power generation. That is where is going to eat it. That is all there is to my decision. However, in my view, our jobs matter. it. It is ridiculous. focus should remain on a solution that As far as competitiveness, there is I understand why our colleagues from puts this waste directly in the hands of not a person here, not a person in this Nevada oppose the Yucca Mountain the Federal Government. country, whether it is driving to site. I am getting more and more un- Mr. HATCH. Mr. President, I thank school, driving to work, operating a derstanding of that as I go along. But if the chairman for that clarification. business, and it could be the highest, they are concerned about waste at I again thank the leaders of this bill most technologically advanced busi- Yucca Mountain, they should be expo- who have done such a great job in ness, that doesn’t need electricity. Ev- nentially more concerned over the PFS bringing both sides together to pass erything we consume goes by rail, site which is so flawed as to be inher- what will be one of the most important truck, air, or a combination thereof be- ently dangerous, extremely dangerous. energy bills in the history of the world. fore it gets to the store or to our In closing, let me drive home one It certainly is going to do a lot for our homes or to our places of business. point. Our President has called for a country if we will continue to follow This bill is essential for lower gasoline dramatic increase in our Nation’s ca- this through conference and get it back and diesel costs for transport of these pacity to generate nuclear power. As for final passage. It is long overdue. products. Congress considers that proposal, I ask, I know it has been an ordeal for Sen- We need to have an affordable energy Should any increase we might author- ator DOMENICI in particular and others source for our economy, for jobs, and ize rest on a nuclear waste policy es- as well. I pay my tribute to them for the competitiveness of our country in tablished by the Federal Government the hard work they have done. the future because many of these jobs or should that policymaking rest with Mr. President, I yield the floor. can be put anywhere in the world. In a couple of private companies that are The PRESIDING OFFICER (Mr. GRA- addition to proper tax policies, reason- driven by profit? HAM). The Senator from Virginia. able regulatory policies, less litigation, Do we want the Federal Government AMENDMENT NO. 891 and the embracing of innovations, an to take possession of our high level nu- Mr. ALLEN. Mr. President, I rise to energy policy for this country is long clear waste or is our national waste speak in favor of this Energy bill and overdue. policy to allow private companies to in particular the amendment that is With regard to competitiveness, I control the transport, storage, and se- primarily sponsored by Senators was Governor at one time. We would curity of this waste? And with shell DOMENICI, BINGAMAN, LANDRIEU, VIT- always try to get businesses to locate corporations at that. If that is to be TER, and others. in the Commonwealth of Virginia. We our policy, then I need to inform our First, I thank Chairman DOMENICI succeeded. The businesses looked at colleagues that our Nation’s nuclear and Ranking Member BINGAMAN for the cost of operations in different power strategy is a house built on sand. their skillful leadership, their dedica- States. They looked at what the cost Let me summarize my remarks. We tion, their patience, and everything was; what is the regulatory burden; do Utahns are adamantly opposed to the they have done to craft a bipartisan you have a right-to-work law, which we storage of spent nuclear fuel at the bill. It is a bipartisan energy policy did; what is the cost of health care. Skull Valley reservation. The current that I believe encourages, incents, pro- They cared about transportation, but site that has been selected by a consor- vides us, as a country, with clean and they also looked at the cost of doing tium made up of eight utilities has sev- affordable energy in a growing and ob- business with electricity. We would eral fatal flaws, including the fact that viously more secure economy. have a report to top management in it contemplates a facility that is, one, We have made significant progress so New York City, and we would compare located fewer than 50 miles from the far on this measure. I look forward to our electricity rates in Virginia to Salt Lake Valley where 80 percent of passage of this bill in the Senate so we those in the New York City area. Vir- our fellow Utahans live; two, directly can get a final measure passed before ginia’s electricity rates, compared to under the Utah Test and Training the summer recess. those, looked as though they were al- Range where roughly 7,000 low-altitude This bill is important for three sa- most free. That was an attribute, a F–16 training flights take place each lient reasons: No. 1, the security of this strong selling point for businesses to year, many with live ordnance, and country; No. 2, jobs in this country; come to the Commonwealth of Vir- over a range where 70 crashes have and No. 3, the competitiveness of the ginia. These same principles apply to taken place already; and three, on the United States of America. the entire United States of America. small Skull Valley Goshute Indian res- As far as security and energy inde- Let’s look at natural gas. Natural ervation where about 40 of the band’s pendence, we must become less reliant gas, that wonderful clean burning fuel, 120 total members reside—only 40. on foreign sources of oil and natural is in many places around the world, in Moreover, the Skull Valley Band’s gas from unstable, unreliable places in many strong economies around the leadership is in question. Leon Bear, the world. world. We would certainly want to be the band’s current chairman, has been Second, as far as jobs are concerned, able to match other countries in the accused by his colleagues of dis- this measure, when passed, will save cost of producing this clean burning regarding a vote of no confidence. In jobs. Hundreds of thousands of jobs will fuel, whether for our homes, but also addition, Mr. Bear recently pleaded be saved and hundreds of thousands of for manufacturers. It is not just the guilty to Federal criminal charges and jobs in a variety of ways will be cre- chemical and fertilizer manufacturers, is awaiting sentencing relating to his ated—new jobs. It is important for sav- it is the farmers who have to pay these

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7221 higher prices, and when farmers have tricity generation but rather for fac- States to have more prerogatives. to pay higher prices to run their trac- tories, manufacturing jobs, and in our There may be a different batch of folks tors or to fertilize their fields, that homes. in the Senate, and we may have a dif- means the cost of food goes up, which The President’s Nuclear Power 2010 ferent President who says, No, we are affects us all in that way as well. Program is designed to work with the going to do this, we do not care what Look at our prices—and these prices nuclear industry in a 50/50 cost-sharing the people of New Jersey think; we are are from February, and prices of nat- arrangement. It also addresses some of going to go forward and explore. I ural gas have gone up in this country the risks and litigation aspects of it. would like to protect the prerogatives since this report. In the United States One thing that is not in this measure of the people of the States and also of America, we are over $7 for 1 million but I am going to work on in the future allow the people in the States, if they Btus of natural gas and it is rising. is the repository. so choose to explore, to actually share Take the United Kingdom, Great The Senator from Utah, Mr. HATCH, in those revenues. Britain. It is $5.15. Turkey is only $2.65. was talking about Yucca Mountain. I I have suggested that in Virginia, we Ukraine is $1.70. Russia is less than a fully understand why the people in Ne- ought to use a good portion of it for dollar per 1 million Btus. You say, vada would not want to have highly ra- universities and colleges to reduce in- well, we are not competing with them. dioactive fuel rods that are radioactive State tuition costs; another big chunk Who are we competing with then? We for 40,000 years. What we need to do for transportation to alleviate traffic are competing with them, as well as long term is look at what France is congestion; and another portion to the with South America. Look at the doing with nuclear power. What they coastal areas, such as places like Vir- prices of natural gas in South Amer- have done is taken a technology that ginia Beach, for things like beach re- ican countries: $1.50 in Argentina com- was started in this country on reproc- plenishment. That is just something I pared to over $7 in the United States. essing and they have perfected it. We would like to see ultimately allowed, In North Africa, it is less than a dollar. ought to be reprocessing this nuclear but that is not part of this measure. What about real competition we are fuel, these spent fuel rods. If we do I also do think that I know the Presi- facing in the loss of manufacturing that, it is a much more efficient and dent’s views on the inventory issue. jobs to India and to China? China and much less dangerous approach. It is People in South and North Carolina, India are increasing in their economies much less volume, and are decreased. Florida, and New Jersey do not even and, of course, demand for oil, natural That is something we need to do long want an inventory. They do not even gas, coal and other fuels is going up, term. It is not in this measure, but we want to know what is off their coast. In too, exacerbating the prices. We see need to move forward with it in the fu- my view, the compromise to all of this, China now trying to buy up our gaso- ture. if they do not want to, they don’t have line companies, specifically Unocal. Also in this bill we have set effi- to. Why spend money looking off those For our national security, it’s impor- ciency standards for everything from coasts because the people of Florida, tant that we have a comprehensive re- buildings to appliances that will help North Carolina, New Jersey, and view of the types of investments State reduce our demand for electricity and maybe South Carolina as well, do not owned Chinese companies are making natural gas. want to. So why waste the money? in international and U.S. based energy Ultimately, we need to need to However, if the people of Georgia and resources. produce more natural gas. This amend- Virginia would like to know what is off Even there, where China has this ment talks about coastal States that their coasts, allow them to at least booming economy, their price is $4.50 are committed to more exploration, find out what is out there and then compared to us. The same with Japan. the impact on their coastal areas and make a determination therefrom. That India pays half the price we do in nat- allowing them to get some assistance might be the good compromise to this ural gas, $3.10 per 1 million Btus. Our to these States closest to the explo- issue in conference. friends in Australia pay $3.75 for a mil- ration. This measure that Senator LANDRIEU lion Btus of natural gas. What I am going to say is not part of and Senator VITTER have brought up As a result of what we are seeing in this amendment, but the issue of explo- has to do with Louisiana and a great these higher natural gas prices, we are ration off the coasts of different States deal, obviously, with the gulf coast. already losing jobs in this country. The came up during the hearings in our They have certain needs in Louisiana. chemical industry, one of our Nation’s committee. It is not necessarily part Being in Cajun country and all around largest industrial users of natural gas, of—in fact, it is not part of this amend- Louisiana last year for a variety of has watched more than 100,000 jobs, ment, but for the people of the Com- purposes, I know this is a very big one-tenth of the U.S. chemical work- monwealth of Virginia, this is an issue issue to the people of Louisiana. We force, disappear just since the year of some interest in our General Assem- should be thankful to the people of 2000. bly. Our State legislature, in a very Louisiana for the efforts they have Recent studies by the National Asso- strong bipartisan action, stated that made in the exploration off their coast ciation of Manufacturers and the they were in favor of allowing or at because they are powering this coun- American Chemistry Council found least determining if there is any nat- try. that 2 million jobs could be saved if ural gas—not oil but natural gas—far Granted, natural gas prices are high, Congress lays out a fresh blueprint for off the coast of Virginia, beyond the and maybe we will get more production the supply, delivery, and efficient use viewshed, and, in the event that there out of Alaska, and maybe we will get of all forms of energy, including clean is, allowing Virginia to share some of some more out of Louisiana or maybe burning natural gas. those revenues. That is not going to be off of Mississippi, but the point is that To address this natural gas crisis part of this measure, and I say to Sen- they have great coastal impacts, not that is crippling our American farmers ator BINGAMAN, it is not part of this because of the exploration way off in and manufacturers, we need a positive, measure. the Gulf of Mexico but because of the proactive strategy for greater fuel di- I realize things move slowly around services to transport it, just the nature versity. The bill does just that by sup- here, slower than some of us would of the bayous. It is just the topog- porting clean coal. It supports nuclear like, but I do think that the people in raphy, that they have coastal erosion energy and a whole host of renewable the States should have more of a say in there that is of great concern to every- technologies, such as biofuels and in- energy production. Right now, if one one in the State of Louisiana, espe- centives for fuel cells. looks at these coastal areas, it is all cially south Louisiana. They are all In the area of nuclear, I think it is subject to the whims of the Federal proud of that sportsman paradise, as one of the most important aspects of Government. The Federal Government they call it. the bill. When one thinks of the gen- says they own it; the Federal Govern- I strongly support Senator DOMEN- eration of electricity, we ought to be ment says: We will determine if it is in ICI’s and Senator BINGAMAN’s effort in using clean nuclear and clean coal a moratorium or not. this bill to consider the needs of pro- technology while allowing natural gas I am one, having been Governor, who ducing States. Long term, what we are to be utilized not for base load elec- would actually like the people in the looking at is supporting, creating, and

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7222 CONGRESSIONAL RECORD — SENATE June 23, 2005 preserving manufacturing jobs and I yield to the Senator. more ability to participate in that finding environmentally safe ways to Mr. ALLEN. I say to my chairman process. increase production of clean burning that the reason I wanted to get on his Why do we have liquefied natural gas natural gas. It is important for jobs in committee was because I believed that terminals? We have not had them be- this country. It is important for our this Energy bill was the most impor- fore. The reason is we are not pro- national security to be less dependent tant legislation we will pass in this ducing enough natural gas in our coun- on foreign energy. We need to be more Congress that will affect our competi- try to supply our needs, and there are independent, and, of course, we need to tiveness, jobs in this country, as well resources worldwide offshore that can be much more competitive for invest- as our independence or less dependence be produced around countries such as ments and jobs if we are going to be on foreign oil and foreign energy, Qatar in the Persian Gulf—some of the world capital of innovation. whether it is natural gas, liquefied nat- whom have been friends, some of whom So I urge my colleagues most re- ural gas, and all the rest. have not been friends of the United spectfully to vote for this amendment I have been so impressed by the bi- States—so they would have us produce that allows coastal impact assistance partisan way the Senator has methodi- it on those waters, to liquefy it at to States closest to this exploration. cally tried to move this measure for- great expense, transport it around the We have listened in meetings to Sen- ward that has great importance for the world to some terminal in my home- ator VITTER argue very persuasively to future of our country, not just for the town in Mobile, AL, and then put it in me and to others, I hope, and the same next 5 or 10 years but, indeed, for gen- our pipelines. And where does the with Senator LANDRIEU in a variety of erations to come. It is a model for how money go? Where does 100 percent of forums as well—they have made a per- we can work in a bipartisan way. Does the royalty money go in that cir- suasive argument for Louisiana, but ul- everyone get everything they want? cumstance? It goes to the Saudi Ara- timately it is a persuasive argument No. But I think the American people bias and the Qatars and Venezuela and for the United States of America. ultimately will be much better off, those other countries, sucking out I thank my colleagues for their at- there will be more people and families huge sums of money from our country, tention, and most importantly I thank working, and we will be more competi- when we could keep all of that money my colleagues in anticipation of a posi- tive, thanks to the Senator’s leader- in our national economy if we produced tive vote for this amendment and ship. the existing supplies of natural gas moreover getting this Energy bill I am very proud and pleased to have that are off our shores. passed so that this country can become been appointed and elected to the En- I go down to one of the prettiest more independent of foreign oil, for- ergy Committee, and I look forward to beaches in America. It is becoming eign energy, save those jobs, create working with the chairman. He is a more and more recognized—Gulf more jobs, and make this country more magnificent leader with the right vi- Shores, AL. You can stand on those competitive for investment and cre- sion for this country. beaches and at night you can see the ativity in the future. Mr. DOMENICI. I thank the Senator. oil rigs out off the shore. We have not I yield the floor. I yield the floor. had a spill there. In fact, I had the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- numbers checked, and I understand ator from New Mexico. ator from Alabama. there was one spill off Louisiana in Mr. DOMENICI. Mr. President, before Mr. SESSIONS. Mr. President, I sup- 1970. None of that reached the shore. the Senator from Virginia leaves the port the Landrieu/Vitter amendment. By the way, as all who have studied floor, might I say to all of those who As a State that is a producer of oil and this know, natural gas is far less a pay attention to these issues that the gas off its shore, I certainly believe we threat to our environment, if there is a Senator is a new member of the Energy leak, than is oil. Oil is thicker and should have some slight, minor benefit Committee, and I wondered when we heavier and can pollute if there is a from that effort, particularly in light made up the committee why the Sen- large amount spread on our shore. But of the fact that State after State just ator had chosen to be on the com- we have not had any of that, and hun- blithely announces they will not have mittee. Then I found out that Virginia dreds—thousands—of wells have been has a terrific interest in a lot of these any off their shore. I believe that a 2- drilled and produced in the Gulf of issues, and I found that the Senator percent part of the revenue that is Mexico. According to the Energy Com- was very knowledgeable and a very going to the Federal Government to mittee, 65 percent of all energy pro- good participant. The Senator helped the States that bear the burden of this duced from oil and gas comes from the us get a good bill. I commend the Sen- offshore production is not too much to Gulf of Mexico. That is a tremendous ator on his analysis today. This is a ask. It is not a violation of the budget. amount right off our coast. So Texas bill that should direct us in the right The money is set aside that can be and Louisiana and Mississippi and Ala- way, especially in the natural gas area. spent on this. It is a question of pri- bama have participated in that. Yet Clearly, we are at our knees. People ority. I believe we should go forward under the law of the United States and say it is the gas pump, but it is also the with that. the tax provisions of our country, you price of natural gas that is causing I wish to say how much I appreciate cannot receive any revenue from it. It America great trouble. We have re- the remarks of Senator ALLEN. I be- is moving in interstate commerce. You sources. We just cannot use them be- lieve he has analyzed our energy situa- can’t tax a truck going through your cause we need new technology and we tion well. I would also join in my State, under the Constitution. You need to do a better job of getting them praise for Chairman DOMENICI for his can’t tax fuel going through a pipeline. ready for the marketplace so that we work. He understands that nuclear and So you produce it, and it moves out. do not damage the air. We are working all other sources of power have to be An LNG terminal, by the way, some on that, and I thank the Senator for increased to have us more energy inde- have said, is an economic benefit to that. pendent. It is not just one step that we your community. It only has about 30 Also, I want to compliment the Sen- can take. Frankly, if one wants my jobs, and it does have some safety risk, ator on seeing the value of the offshore opinion, and I believe it is correct, the no doubt. Some say a lot. I don’t know resources of the United States. I am area most overlooked, the area in how much, but it has some safety risk. not suggesting that I understand each which we can have the largest short- It has some tendency to diminish the State’s political issues, but I do under- term surge of energy in our country value of property around it for sure. stand that there is a lot of natural gas that can be so important for our econ- But you can’t tax it because it is the offshore. No. 2, I do understand it can omy and jobs is offshore production of interstate flow of a resource. be produced with little or no harm to oil and gas, particularly natural gas. So they want these States to con- anybody. A lot of it can be produced if We had an amendment just yesterday tinue to be serving the American econ- it is there. that I joined with the Senators from omy with no compensation whatsoever. I commend the Senator for realizing California to support—it did not pass— The 2-percent figure that has been pro- that is an American asset and he would to have more controls over the building posed here is not at all unreasonable to like very much for the Congress to face of liquefied natural gas terminals in me. I think that is a modest charge, in up to that. our States, to give the States some fact.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7223 Let me tell you the extent of the hy- I have enjoyed working with her on stop trying to bring hot water into the pocrisy that goes on. My colleagues this legislation. homes of Americans? from Florida, the leaders in the State Ms. LANDRIEU. Will the Senator I know this might seem to be a small of Florida, have beautiful beaches such yield for a question? matter to people who live in the United as we have. We border their beaches. Mr. SESSIONS. I am pleased to. States, but turning on a faucet, in your They declare you cannot have a well if Ms. LANDRIEU. If the Senator will home, for clean, drinkable cold and hot you have a beach in sight of it. Now yield, he has made so many excellent water is still a luxury in the world they said you can’t have an oil well so points, and I am not sure I heard them. today. But Americans did not stop with close—even outside of the sight of the Maybe if he would repeat—right now that technology. So today we take it beach. In fact, they are objecting to we are building a pipeline from Ala- for granted. Everybody can go home drilling oil wells 250 miles from the bama to Florida? Could the Senator ex- and turn the hot water on and it comes Florida beaches, as if this is somehow plain that, again? I am not sure people out and nobody blows up. some religious event of cataclysmic understand that you are building a The Senator from Alabama is abso- proportions, if somebody were to drill pipeline from Alabama and sending the lutely correct. There are people who an oil or gas well—mostly gas wells— gas—where? just do not know. This technology is out in the deep Gulf of Mexico. You Mr. SESSIONS. To Tampa, FL, to very safe. Plus, we have the Coast know what. They are proposing right some of those people, I guess, who have Guard, we have Federal agencies, we now, they desire and are moving for- the multimillion-dollar mansions on have the State court system, and the ward with a plan to build a natural gas the coast, who want to use that natural Federal court system, in answer to pipeline from my hometown of Mobile, gas to cool their hot houses. I remem- your question, that all enforce the AL, to Tampa, FL. They want to take ber when it first came up, this debate laws, and agencies that are ‘‘Johnny on the natural gas produced off the shores was ongoing, former Congressman the spot’’ if something goes wrong. of Alabama, Mississippi, Louisiana, put ‘‘Sonny’’ Callahan, from Mobile, was in Are there accidents? Yes. Can things it in a pipeline and move it to their the House. I suggested that he put in go wrong? Yes. But I think as we start State so they can have cheaper energy, an amendment that just blocked the telling people more and at least give and they don’t want to have anything pipeline. If they don’t want to produce people more good information—the within 100 to 250 miles of their State. any oil and gas, why should they get Senator from Alabama is correct—then This is not correct. it? And he did, almost perhaps as a bit they can make better decisions for the Mr. President, I know you are a of humor, but also to raise a serious country. Again, to be respectful, if skilled lawyer and a JAG Officer in the point. People want to utilize this re- some States have accepted this infor- military, but I was a U.S. attorney and source but they are opposing its pro- mation and still make the choice not represented the U.S. Government. Let duction. to go forward, that might be their pre- me tell you, under the law of the But let me ask the Senator from rogative. But the Senator is absolutely United States, Florida does not own Louisiana this question. Don’t you correct. For those States such as Ala- the land 200 miles off its shore. I have think that some of the areas, such as bama, such as Mississippi, such as to tell you, that is U.S. water. There is California and others, that are so hos- Texas and Louisiana, that have decided no doubt about it. For the Senator tile to producing offshore, are ill-in- this is in our State’s interests and the from Louisiana and I, our boundary formed about the risk? It is almost as Federal interest, then most certainly line is just 3 miles. Everybody else in though it is this huge risk that their this small amount of money for coastal the country has 9 miles, but after 9 entire beaches are going to be threat- impact assistance—to help us with our miles, it is Federal water. Yet we show ened every day, but we have not had wetlands, to help us with beach ero- deference to the States and want to problems in our beaches. Have you in sion, to help make those investments work with the States and listen to Louisiana? that are so necessary—is absolutely what they have to say, but as a matter Ms. LANDRIEU. I thank the Senator the right thing to do at this time. of law, they don’t get to decide who for that question. I would like to re- Mr. SESSIONS. May I ask the Sen- drills in the waters of the United spond this way. I do think there is a lot ator another question? It has been re- States of America. of misunderstanding and fear associ- ported that Cuba is going to be drilling This country is at a point where we ated with an industry that not every- for oil and gas out in the Gulf of Mex- have to ask ourselves where we want one knows about. As the Senator ico. I wonder if our colleague would this offshore oil and gas produced. Do knows, we do know a great deal about prefer that Cuba would do this where, I we want to have it produced off Ven- the industry. We understand that 40 assume, it would be less safe, with less ezuela, in the lake down there, or in years ago, 30 years ago, the industry management, and all the money go to the Persian Gulf where all the money was relatively new and mistakes were them rather than to the United States? we have to pay for it goes to those made and technology was being tried Is that a fact? Is Cuba considering par- countries, sucking it out of our econ- out. We just did not have all the envi- ticipating in drilling for oil and gas off omy or would we rather have it pro- ronmental data that we have today. the coast of Mexico, off our coast? duced in this Nation, in the huge But as the Senator knows, in every in- Ms. LANDRIEU. The Senator is cor- amounts that exist so our country can dustry there has been tremendous ad- rect. There is some thought that per- benefit from it? We have these croco- vancement made. haps Cuba may open drilling and Can- dile tears by people who begrudge a lit- Not too along ago I was watching a ada may open drilling. But again, this tle 2 percent that would go to our program on television that was show- amendment that the Senator has co- States that produce it, and they are ing the way hot water heaters were de- sponsored, along with my colleague not complaining one bit, I suppose, veloped in the Nation. I think the from Louisiana, who is here on the about an LNG terminal in Mobile, AL, chairman from New Mexico would ap- floor as well, is not a drilling amend- designed to bring natural gas from preciate this. The whole program was ment. It is not touching the moratoria. halfway around the world, from some about how in the early days people It is not laying down any boundary country that may be hostile to our na- really wanted to have water, clean changes whatsoever. It is a coastal im- tional interests. water, but they needed it warm for pact assistance revenue sharing for It makes no sense whatsoever. It is many purposes—not just for conven- only the current producing States. So time for us to have a lot bigger discus- ience and health, but cleanliness. They while there has been an extended de- sion about this matter. I see the Sen- couldn’t figure it out. So they kept bate—because we are not able to go to ator from Louisiana is here. I know her trying to figure out a way to get hot a final vote because there are some State has more offshore wells than any water to people’s houses. things that are being worked out and other. I know they have had probably But what would happen is these early there has been an extended debate in more environmental degradation as a hot water pumps, as you know, would these last hours, as my good friend result of it. I don’t see anything wrong blow up, they would blow the whole from Florida knows, who is here on the with them being able to ask for some house up and people were actually floor—this amendment is a coastal im- compensation. killed; they lost their lives. But did we pact amendment.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7224 CONGRESSIONAL RECORD — SENATE June 23, 2005 We have already debated the mora- you add that on top of the numbers on Mr. SESSIONS. Mr. President, we toria issue. We have debated the drill- my chart—and I want this corrected had a nice discussion and I thank the ing issue. We could not come to a com- for the record. I am not sure this chart Chair for reminding us of that. promise on that so that issue is going counts offshore; I think this may be Before I yield the floor, I have en- to be saved to another day. just onshore. I don’t think this counts joyed discussing this with the Senators I have said to my friends from New offshore. If you add that, these num- from Louisiana, Senator LANDRIEU and Jersey and my friends from Florida and bers go up exponentially. Senator VITTER. to my friends from Virginia and to you, Wyoming gets the first prize. Some I yield the floor. the Senator from Alabama, this debate States say, We do not have the re- The PRESIDING OFFICER. The Sen- is not going to go away. We are going sources. I understand that. Not every- ator from New Mexico. to have to continue to debate it. But one has oil and gas. Not everyone has Mr. DOMENICI. Mr. President, I will this is not the debate at this moment. coal. The point Senator DOMENICI has yield momentarily. This debate now, this amendment that been trying to make is, that is fine, but I say to the Senators who are listen- has broad bipartisan support, is about everybody has an ability to do some- ing and to their staffs, we are in the coastal revenue sharing, coastal im- thing. Either conserve more, do not let process of trying to put together a pact assistance for States that produce SUVs come to your State if that is short list of amendments that are abso- oil and gas. what you want to do, or produce more. lutely necessary. We are getting close If I could, I wanted to make mention That is the point—not on this amend- to the end—the end will be here when of something that would help the coun- ment—one of the points of this bill. 30 hours have elapsed and then we try understand, I think. This is from Mr. SESSIONS. First, the Senator is could have a series of votes, but I don’t the Department of Energy, Energy In- exactly correct. This amendment is a think anyone wants that. formation Agency’s Report of 2001. very modest amendment. It has noth- The Democratic and Republican These numbers will have changed, ob- ing to do with production of oil and staffers are taking these amendments viously, since 2001, but probably not by gas. It is with frustration that our and they are working together to see too much, and I doubt the quarter will State has worked toward that goal and how many are absolutely necessary. change too much. has not been able to receive any com- I ask Senators, do not wait, because This is all energy produced—nuclear, pensation, and many other States seem we will have to go back and call you hydro, geothermal, wood, wind, waste, to be slamming the door on even con- all. If you are serious about an amend- solar, oil, natural gas, and coal. That is sidering that. ment, there are people on the Demo- everything—nuclear, hydro, geo- I ask the Senator if there is not a dif- cratic side and the Republican side and thermal, wood, wind, waste, solar, oil, ference in safety and environmental in the respective cloakrooms waiting natural gas, coal. impact when we deal with natural gas to see and talk with you through your There are only 11 States in the Union as opposed to oil? And is it not true staffs or otherwise as to what you want that produce more energy than they that much of the energy capacity in to do about the amendments. consume. All of these States, starting the Gulf of Mexico and probably off our Clearly, there are numerous amend- from No. 1, California, all the way other States, is natural gas? I know ments and I am sure they are all not down to Vermont, use more energy that is important. We have probably going to be offered. They were sub- than they produce. seen a tripling of natural gas prices. mitted in good faith, but I am sure I know the Senator agrees that pipe- Again, I am aware that we are a Na- they are not intended to be voted on lines commence out of the gulf coastal tion of 50 States. Some States grow before we finish. areas—Alabama, Mississippi, Lou- sweet potatoes, some States grow Irish Would Senators on both sides of the isiana, Texas—that move the natural potatoes; some States make tractors, aisle—I think Senator BINGAMAN gas all over the country, and those some States make automobiles. agrees—try to help by getting word to States, if the price keeps going up But the problem here is that some the cloakrooms whether they are seri- when they heat their houses, they heat are saying we don’t want to produce ous, whether they want to work on their water, their industries utilize energy but we want the benefits. So I their amendments so we can put our natural gas, those prices are going up, am saying to my friends on all sides, if list together. also, which threatens their economic you don’t want to drill for oil and gas Mr. NELSON of Florida. Will the competitiveness. It is not that our on your shore or off, then put up a nu- Senator yield? States have a particular benefit from Mr. DOMENICI. I am pleased to clear powerplant. If you don’t want to having the production. It goes in the yield. put up a nuclear powerplant, put up pipelines that move it all over the Mr. NELSON of Florida. It is my un- windmills. If you don’t want to put up country. windmills, you have to try to do some- Ms. LANDRIEU. The Senator is cor- derstanding the Senator wants to get thing to generate energy for this coun- rect. The Senator from Louisiana could this bill done quickly. I certainly sup- port him in his desire to get that done try. answer as well, Senator VITTER. I will That is my only argument. That is yield to him for a response. quickly. It is also my understanding, in not this amendment. This amendment We get the benefit of jobs. We are order to achieve that goal, the two is just recognizing that the States that happy for the jobs, and we are proud of managers of the bill are presently ne- have—let me just say this. I am trying the technology we are developing. gotiating down the number of amend- to speak the truth here. Not only does The Senator from Alabama is cor- ments. Louisiana produce more than it uses, rect. This oil and gas that comes Is it correct, the understanding that but please remember how much indus- through our State and is generated in the Senator from Florida has, that the try we have. Most of the chemical and around our State goes to the ben- amendments that would be agreed to plants are in Louisiana, New Jersey, Il- efit of everyone to try to keep the take up would not include any amend- linois. Those are the areas where there lights on in Chicago, New York, Cali- ments having to do with the Outer are a lot of chemical plants. fornia, and Florida. We are happy to do Continental Shelf drilling? We are proud of the petrochemical it. We are not even complaining. We Mr. DOMENICI. Might I say it this industry. But we also supply all of are just saying, in light of this, could way. We are not going to agree unilat- those manufacturing facilities—huge we please share less than 1 or 2 percent erally or even together what the list is. manufacturing facilities—that produce of the money generated. Last year we Senators have to agree. So, Senator, products that are not just bought by gave $5 billion to the Treasury. you and others who do not want that Louisiana; these chemicals go into bet- The PRESIDING OFFICER (Mr. on the list, you will be there and you ter products we create in America. We BURR). The Chair reminds Senators will say no, and so it will not be on sell them overseas, we sell some to our- that the Senator from Alabama con- that list. That is the best way to say it. selves, and we make money. trols the microphone and the Senator It is not going to be on the list unless Not only are we producing all the gas from Louisiana does not have the abil- Senators want it on the list. If you do and energy we need, we are fueling all ity to yield to the Senator from Lou- not want it on the list, when we get of our plants and then exporting. When isiana. there, we will call, as you know, and

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7225 we will find out. We cannot tell you ator from New Hampshire talked about such time as we expect the normal now because we have a lot of amend- some boondoggle to coastal States. process would be done, which is the ments. Let’s follow the regular order. Nothing could be further from the winnowing down of the remaining You will be there and everyone should truth. We are simply asking for a amendments, we then would ask for know that. small, modest modicum of fairness. unanimous consent from the Senate to Mr. NELSON of Florida. Indeed. And This amendment covers 4 years, 2007, take up only those remaining amend- this Senator understands where both 2008, 2009, 2010, 4 years, and then it goes ments and that those amendments will Senators from New Mexico are trying away. During those 4 years, the royal- not include the amendments further to get with the legislation. I certainly ties into the Federal Treasury from causing the drilling off the Outer Con- want you to get there and get there this offshore production are expected tinental Shelf. So that is the par- fast. to be $26 billion. Under this amend- liamentary procedure we find ourselves Basically you come up with a list of ment, during those 4 years, our share is in. amendments that would be considered $1 billion. That is less than 4 percent. Now, I have heard a number of state- and you would consider under unani- Meanwhile, onshore oil and gas and ments on this floor over the last sev- mous consent in the Senate, that is the mineral production is shared in terms eral days. I wish to clarify. I also wish list to be considered for the rest of the of royalties on public lands 50 percent to bring an update to the Senate. As debate on the bill before final passage? to the States and 50 percent to the shown in this picture, this is what we have at stake in Florida. It is the pris- Mr. DOMENICI. The Senator is abso- Feds. lutely right. That is the way it is done. The Senator from New Hampshire, tine beaches. That is not the only rea- That is the way it will be done. when he was here, cited the example of son for not wanting to drill off the Mr. NELSON of Florida. I thank the West Virginia coal production. That coast of Florida, but that is one of the reasons, and it is a major reason. We do Senator for his clarification. royalty share on public lands is 50/50. have a $50 billion-a-year tourism indus- The PRESIDING OFFICER. The Sen- We will take 50 percent. If the Senator try that depends on those pristine ator from Louisiana. from New Hampshire wants to offer beaches. Of course, people from all over Mr. VITTER. Mr. President, I follow that amendment, we will accept that. the world come to enjoy the extraor- up on some of the previous comments We are only asking for 4 percent for 4 dinary environment we have. That is regarding this coastal amendment and years and then it goes away. one of the reasons. quickly underscore two very important This is fair. It is a fair way to treat points. I have enumerated over the last sev- those few States that help produce the eral days many other reasons. Those As my colleague from Louisiana has energy the Nation needs. Those are explained, this is merely treating those reasons certainly include the delicacy very important points. of the balance of nature in some of the coastal producing States that have pro- I hope all Senators remember those estuaries and bays; the brackish duced so much of the Nation’s energy points as they vote, particularly on an needs, taken care of so much of those waters; the mangrove swamps which amendment that is squarely within the you find on the coast of Florida, which needs, simply treating those coastal budget, that does not bust any of the producing States fairly. is not specifically a beach. Generally numbers within the budget. you will find a beach on what is known If only more States were like us in I yield the floor. as a barrier island. It is those barrier producing far more energy than we The PRESIDING OFFICER. The Sen- islands that have these extraordinary consume, of course, this energy crisis ator from Florida. opportunities for guests to come and we are facing would be less and less on- Mr. NELSON of Florida. Mr. Presi- visit. erous, but that is not the case. dent, I have new pictures. Before I I have enumerated over the last sev- In particular, the distinguished show the pictures, I will state the situ- eral days also another reason; that is, chairman of the Budget Committee was ation in the Senate. the major national asset that we have in the Senate and said his State pro- The Senator from New Jersey, Sen- off the gulf coast of Florida and off a duced more energy than it consumed. I ORZINE ator C , and this Senator from good part of the Atlantic coast of Flor- would love to hear the distinguished Florida, are insisting the debate re- ida. It is called restricted airspace. Is it chairman’s sources for that. I checked main on the Landrieu amendment as a any wonder why the training of pilots with the U.S. Department of Energy means, as the clock is ticking, and for the new F–22 Stealth Fighter is at and they flatly disagreed. The most re- with most of the Senate having an in- Tyndall Air Force Base? Is it any won- cent figures I could obtain, September terest to recess tonight for the purpose der why the training of pilots from all 5, 2003, certainly include the nuclear of many schedules that need to be met branches of the military for the new F– energy plant the distinguished Senator for tomorrow, including a number of 35 Joint Strike Fighter is at Eglin Air from New Hampshire was referring to. BRAC Commission hearings, especially Force Base? That produces far less than the State in the State of New Mexico, that are It is not any wonder when you realize of New Hampshire consumes. In fact, being held tomorrow, very important the place they train is out over the the total energy production from New pieces of business that Senators need Gulf of Mexico, most of which is re- Hampshire comes from that nuclear fa- to attend. stricted airspace, and most of which cility, .036 quadrillion Btus. The total What the managers of the bill are has had now increased training coming energy consumption of New Hampshire presently doing, because the Senator because the Navy Atlantic Fleet train- is .329 quadrillion Btus. So, according from New Jersey and this Senator from ing was shut down on the island of to my source from the U.S. Depart- Florida are insisting, since, lo and be- Vieques off of Puerto Rico. Most of ment of Energy, the best information I hold, we discovered what we thought that training has come to northwest have, dated September 5, 2003, New we had taken care of yesterday, which Florida. That training is done out off Hampshire consumes about nine times was amendments would not be offered the Gulf of Mexico. You cannot have what it produces from that nuclear for further attempts at drilling on the surface ships coordinating and training plant or any other source. Outer Continental Shelf—lo and be- with aircraft, which are practicing I use that as an example because, un- hold, those amendments have been with their targets on virtual land fortunately, the coastal producing filed and they were declared germane masses that have been created by com- States we are talking about are in the by the Parliamentarian. Therefore, re- puters on the Gulf of Mexico, if you distinct minority. We do produce the gardless of all of the agreements that have oil rigs down there on the surface Nation’s energy needs. We do produce have been made, they can be brought of the Gulf of Mexico. That is another far more energy than we consume. up at any time. reason. That is great for the Nation. I wish So the Senator from New Jersey and But I want to dwell for a minute on that load were spread around more, but this Senator from Florida, simply rec- this reason right here as shown on this it is not. That is a very important ele- ognizing the clock is ticking, in order picture. I said I had a new picture. I do. ment of this debate. that those amendments will not be This picture is a week old. This is an The second point that directly flows brought up, are continuing to keep the oilspill that just occurred off of Lou- into is a question of fairness. The Sen- debate on the Landrieu amendment. At isiana in the last week. There have

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7226 CONGRESSIONAL RECORD — SENATE June 23, 2005 been now 600 pelicans threatened, and If we really want to do something, we been coming from a powerplant that is 200 pelicans have died from this oil- have to do something about miles per usually a powerplant that is fueled by spill. This was a relatively minor oil- gallon. I wish to share with the Senate something other than oil. spill: 560 gallons—13 barrels—of oil, a a recent experience I had talking with So now you have a car that leaves relatively minor spill. You can see the the former Director of Central Intel- the garage. It is fully powered up in its damage it has done. ligence, Jim Woolsey, about a proposal battery, so as it is going to its electric Now, I have shown other pictures out he has that I believe makes a great side of the fuel component, it has that here. Shown on this picture is what we deal of sense. It is quite exciting. This extra reserve. The gasoline side does do not want. And shown on this picture proposal could, according to his statis- not have to produce all that much for is what we want. That is why the Sen- tics, have the equivalent of having ve- the electrical side of the hybrid. ators from Florida, the Senators from hicles that would run at 500 miles per And, by the way, when it is over on other coastal States such as North gallon. This is not science fiction. Let the gasoline side, it is using a lot less Carolina and South Carolina, the Sen- me tell you the three components. gasoline because the gasoline is mixed ators from New Jersey—and you could The first component has to do with with ethanol. What Jim Woolsey has go on up the coast and then go out to the fact that we already mix ethanol told a number of Senators is the cal- the west coast and start in the North with gasoline, the ethanol being made culations are that, under present with Washington, Oregon, and Cali- primarily from corn. That is an expen- standards, you would actually have a fornia—that is why these Senators are sive process, but we do that. In dif- car that would be the equivalent of 500 so concerned about the protection of ferent places, there are various per- miles per gallon. Can you imagine what the interests of their particular States. centages of that ethanol. The ethanol that would do to our dependence on Now, this next picture is of an oil- and the gasoline burn together, and the foreign oil, since our personal vehicles spill from years ago. I think this was ethanol starts replacing the gasoline. are, in fact, the major factor in our actually from the Exxon Valdez, which What if you could replace that gaso- daily consumption of oil? We are talk- was a much larger oilspill. That was a line with more ethanol so that, say, it ing serious changes. We are talking whole tanker. But a tanker can do that is 50 percent gasoline and 50 percent damage. And the spill from a week ago, about not having to have a foreign pol- ethanol? You may say: Well, it would which was a relatively minor spill, can icy—and I want to recognize my col- also do damage, where 200 pelicans not be economical because it is very league because I want to hear what she have died and 600 are threatened. expensive to get that ethanol from says—where we, the United States, be- Now I want to address what has been corn. Jim Woolsey has said you can come the protector for the entire civ- stated here. It is as if Florida is not make ethanol from prairie grass. We ilized world of the oil supply flowing doing its part, as suggested by the list have 31 million acres of prairie grass in out of the Persian Gulf region. that was shown earlier of those that the United States. It would have to be We are talking about a United States are net-plus of energy and those that harvested each year, cutting the grass. foreign policy that, Lord forbid, if rad- are net-minus of energy. Is this the You would have refined processes, just ical Islamists were to cause the Saudi way we are going to solve our energy like in making ethanol from corn, but Royal Family to fall and then the crisis? I think we ought to all be doing you have a different ingredient, and it other gulf states start falling like each thing we can to solve our energy would be much cheaper to make the dominos and suddenly radical Islamists crisis. It is absolutely inexcusable that ethanol. So why don’t we start replac- are in control of a major source of the America today is in a position whereby ing oil—in other words, gasoline—with world’s oil supply—you can imagine we are importing almost 60 percent of ethanol? what that would do to the rest of the our daily consumption from foreign What the experts are telling me is free world and the industrialized world. shores. That is not only inexcusable, you could use the same engines that we We are talking about major crisis. that is unsustainable, when you con- have. Perhaps they would have to have And how much of a threat is it that sider the defense interests of our coun- a little bit of tweaking to accommo- there is such a crisis? Look what we try, that we would be so dependent on date 50 percent ethanol and 50 percent are dealing with in Iraq today. Who are oil coming from the Mideast and the gasoline, but look how much oil per the insurgents? Most of the terrorists Persian Gulf region. day we would be saving just with that. in the world are now coming there not By the way, 15 percent of our daily But that is just the first component. only to kill our boys and girls but are consumption comes from Venezuela. The second component is, what hap- coming there to train to be terrorists Guess what. We do not exactly have pens if you start turning all of Amer- instead of training in the former area good relations with the Government of ica’s new automobile engines into hy- of Afghanistan. It is easier for them to Venezuela these days. And the Presi- brid engines? A hybrid engine is what come where all the action is in Iraq. dent of Venezuela, Hugo Chavez, from the Japanese have already done so suc- Lord help us if ever radical Islamists time to time beats his chest and beats cessfully that they have these long took over in Iraq. the desk and says he is considering the waiting lists for these cars that have Ms. LANDRIEU. Will the Senator cutting off of oil. That is another hybrid engines, that have computers yield? story. We could discuss that at length. that shift to electricity at one point Mr. NELSON of Florida. I am happy But it all is forming a composite pic- and to gasoline at another point. The to yield to my distinguished and very ture that we ought to be doing some- Japanese automakers’ cars today—and persistent colleague from the State of thing about our dependence on foreign they have been for several years—are Louisiana. oil. getting better than 50 miles per gallon. Ms. LANDRIEU. I thank the Senator Well, where do you do the most good That is the second component. from Florida. the quickest? It is to go where you con- So what happens if you take fuel I wanted to say that he has made sume the most energy. Where is most which is a mixture of ethanol and gaso- some excellent points about our need energy in America consumed? It is in line and put it into hybrid cars which for energy independence. He has stated transportation. And where in transpor- are being run off of electricity and the it eloquently and correctly in terms of tation is most energy consumed? It is mixture of fuel is that you start to see our overdependence. In large measure in our personal vehicles—automobiles, you are beginning to use less and less that has been what so many of our de- trucks, SUVs. Yet you see we are con- oil, and you are allowing technology to bates in the last few weeks have been. sidering an energy bill, and we cannot start working for us. As the Senator knows, the under- even get past an amendment that will But there is a third component; that lying bill we are trying to get to a final raise miles per gallon on SUVs, phased is, taking your hybrid vehicle—that is vote on within a few hours actually ad- in over a 10-year period. We do not in your garage at night when you are dresses so many of the concerns the have the votes. Why? Because there are not using it—and just plugging it in, so Senator has so rightly raised. He is certain interests here that say no. that in the morning, when you are correct that we can move to a new kind They want those gas guzzlers. Yet it is ready to use your vehicle, your battery of vehicle that you can plug in at completely contrary to the interests of is fully charged up to its capacity. It night, drive during the day, switch the United States. would be using electricity that has from electricity to gasoline. That gives

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7227 us extraordinary hope, without com- us coastal Senators have had to front of the Senator. This Senator in- promising our industry, without Draco- scratch and claw and stand on the floor tends to help her, even though this nian measures. What he spoke about is and make objections and stand up and Senator would certainly appreciate a real, it is not fantasy, and it is in this filibuster and do all of those kinds of little more help in the future from the bill. The ethanol provisions that he things to get our point across, it looks Senator from Louisiana. talked about are in this bill because of as though the Senator from Louisiana I want to point out again why the the great work of Senator DOMENICI is going to be flying on cloud nine pass- Senator from New Jersey, Mr. CORZINE, and Senator BINGAMAN, a Republican ing her amendment. But she has a and I have been so exercised about now and a Democrat. Yes, they are from the higher threshold to get to. She has a that this amendment is out there, same State, but they have different threshold of 60 votes in order to pass a filed, and it is germane to the bill, an views—some more conservative, some budgetary waiver in order to get it amendment offered by Senator ALEX- more liberal. But they have come to- through. It is my hope the Senator ANDER, why it is such anathema to us. gether on a great, balanced bill. from Louisiana will get her 60 votes. I will simply give you the explanation. We are attempting to pass this good Would the Senator like me to yield When they say: Oh, we are just going to bill today. We are very close. We are for purposes of a question and retain- let States decide if they want to have down to the last few amendments. The ing the floor? the drilling off their coasts, there is Senator from Florida has made some Ms. LANDRIEU. I thank the Senator something known as seaward lateral excellent points. I also want to say he for those comments. boundaries that are drawn as to what is has been tireless in his advocacy for Again, I recognize Senator DOMENICI the waters off of a State according to a Florida. He is a Senator from Florida, and Senator BINGAMAN, who have tried Law of the Sea Treaty which, by the along with Senator MARTINEZ. They to work through the great differences way, was never ratified by the United have been down here for hours telling between all of us, representing our in- States, so it is not the law of this coun- us about their beautiful beaches. We dividual States, trying to move a bill try. Let me show you what the line acknowledge it. In Louisiana—I tease forward that achieves the purpose we would be off the State of Florida for the Senator from Florida—we know all want. The goal of more energy inde- the State of Louisiana under that Law about those beaches. We grew up on pendence for our Nation, stronger con- of the Sea Treaty. those beaches as well. People from Mis- servation measures, opening the supply This is Louisiana. This is Mississippi. sissippi and Alabama and Louisiana of different types—that is the purpose This is Alabama. And this is the line spend a lot of time on those beaches. of the bill. So as we get to the final on the latitudes of Alabama and Flor- We want to help them preserve their hours, having debated this bill now for ida. Guess what would be considered beaches. 2 hours, I hope we can stay in the spirit under the drawing of these lines called I wanted to ask the Senator: Does he of moving this important legislation. seaward lateral boundaries for Lou- intend, if we can get our situation One of our colleagues from Virginia isiana. It is a faint line, but I will point cleared up, to support the amendment said this morning that in his opinion it out with my finger. This is the line we have on the floor, which is a rev- this might be the most significant for Louisiana. All that off the coast of enue coastal impact assistance shar- piece of legislation we may pass this Florida would be Louisiana. ing? He has been so good in his com- Congress. I suspect that in the case of Senator ments about the contribution that We have tried for 14 years. The Sen- CORZINE off New Jersey, he would have Louisiana and other coastal producing ator from Florida is aware we have to worry about something that is not States make. I know he is aware that tried to pass an energy bill. This is not the law of this land but those bound- this amendment we are considering is an easy bill to pass, not because Demo- aries being drawn that an adjacent not a drilling amendment. It is not a crats and Republicans disagree, but be- State would say: We want to drill. And boundary amendment, the Bingaman- cause regions of the country disagree lo and behold, it would end up off the Domenici-Landrieu-Vitter-Lott amend- about how best to achieve that goal. It coast of New Jersey. ment. I wanted to ask him to comment is an extremely difficult piece of legis- I yield to the Senator from New Jer- on that. lation. sey. Mr. NELSON of Florida. As the Sen- If we had not had the two leaders we Mr. CORZINE. I thank my colleague, ator well knows, her original amend- had, with the patience of Job—as I who is pointing out the legal argument ment had the provisions for drilling off have said many times, I don’t know about seaward lateral boundaries the coast of Florida, which this Sen- how they have brought us to this point. which are those that would end up ap- ator vigorously fought. But when I I know it is the Domenici-Bingaman plying in a practical sense where drill- sought the advice and counsel of the amendment that is pending. Senator ing might occur. There is also the re- Senator from Louisiana, she had ex- VITTER and I are cosponsors. Both Sen- ality of oil spills, some associated with plained to this Senator that what she ators from Mississippi came earlier to drilling for natural gas which has oc- wanted was revenuesharing so that she speak on the amendment. We hope curred on more than a small percent- could help with the bays and estuaries sometime in the next hour or so—hope- age of situations in drilling for natural and coastal waters of her State. This fully sooner—to get a vote on the gas, and oil spills moved with the flow Senator from Florida did not find that amendment—it would be a bipartisan of the tides. As is shown in the map the at all to be contrary to any interest in vote—and then move on to take care of Senator from Florida is presenting, not Florida. Therefore, it was the expecta- the other amendments and finalize the only do you have a legal boundary, you tion of this Senator that if the Senator bill. have a practical boundary because from Louisiana backed off of her at- The Senator from Florida knows that there are no boundaries in the water. tempts to want to drill off the coast of despite our differences on this issue, we And there are no boundaries for fish to Florida, then certainly this Senator will agree to debate it in the future. swim. would try to help her with regard to This debate will go on. The underlying There are grave risks if the environ- the Senator from Louisiana protecting debate is not about the moratoria. It is mental and ecological elements of pro- the interests of her State. That is part not a drilling amendment. I look for- tection are not thought about. And of the wonderful process of the give and ward to having his support. there is a huge cost-benefit for many take and the consensus building that Mr. NELSON of Florida. This Sen- States with regard to how their econo- we have around here where each State ator thought the agreement to support mies and the quality of life and life- is represented by two Senators. We can the amendment of the Senator from styles are developed. That has to be look out for our interests, and you can Louisiana is that the Senator from put in measurement and measured look out for your interests, and then Louisiana would forever and always against what is going to be gained. we can look out for our mutual inter- support the Senator from Florida to In the case of New Jersey and the ests. As the Good Book says: Come and keep drilling off of the coast of Florida. Mid-Atlantic and North Atlantic re- reason together. Senator LANDRIEU has been such a gion, earlier tests show very limited That is what we have attempted to tremendous advocate for the interests supplies of natural gas and oil on that do. I suspect that although several of of her State. She has a need that is in Outer Continental Shelf. Why do we

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7228 CONGRESSIONAL RECORD — SENATE June 23, 2005 want to put ourselves at that kind of ess that has existed for more than two servatives because of alleged hostility risk on a cost-benefit analysis? I ask centuries, and that is confirmation or to religious liberty and private reli- the question, Is that the same kind of rejection by a majority vote. gious education, while Scalia was analysis at which my distinguished col- First, as I said, there is no constitu- known to hold strongly conservative league from Florida has arrived? tional or Senate tradition requiring views on a number of topics. The Sen- Mr. NELSON of Florida. Indeed it is. consultation with individual Senators, ate, nevertheless, confirmed them by But we feel so passionately about this let alone with the Senate as an institu- votes of 87 to 9 and 98 to 0, respec- for the reasons that I have articulated tion. tively. much earlier. When somebody then The text of the Constitution con- Second, whoever the nominee is, the wants to claim the patina of legality templates no formal role for the Senate Senate should engage in respectful and suddenly for their State’s waters and, as an institution—let alone individual honest inquiry, not partisan political in fact, allow the drilling off the coast Senators—to advise on selecting Jus- or personal attacks. of another State, then it is starting to tices on the Supreme Court, or on any Unfortunately, as we know, respect get absurd. That is when we have to Federal court. for nominees has not always been the put our foot down. As renowned constitutional scholar standard—at least it has not always As the Senator from New Jersey was and historian, David Currie, has point- been observed. ed out, President George Washington talking, it occurred to me that I want Lewis Powell, a distinguished mem- did not consult with the Senate. I to show, once again, these charts. This ber of the U.S. Supreme Court, during quote: ‘‘Madison, Jefferson, and Jay all is from the Exxon Valdez, which is his nomination process was accused of advised Washington not to consult the many years ago. But that was last demonstrating ‘‘continued hostility to Senate before making nominations.’’ week. That is last week off the coast of the law,’’ and waging a ‘‘continual war Louisiana. That is what we want to Professor Michael Gerhardt, the top Democrat adviser on the confirmation on the Constitution.’’ Senate witnesses prevent. warned that his confirmation would Mr. President, I yield the floor. process, has similarly noted that ‘‘the mean that ‘‘justice for women would be The PRESIDING OFFICER. The Sen- Constitution does not mandate any for- ignored.’’ John Paul Stevens, also with ator from Texas is recognized. mal prenomination role for the Senate Mr. CORNYN. I ask unanimous con- to consult with the President; nor does a distinguished record of service on the sent to be allowed to speak as in morn- it impose any obligation on the Presi- Supreme Court, was charged during his ing business. dent to consult with the Senate prior confirmation hearings with ‘‘blatant The PRESIDING OFFICER. Without to nominating people to confirmable insensitivity to discrimination against objection, it is so ordered. posts.’’ women.’’ Anthony Kennedy, also on the Court, was scrutinized for his ‘‘history CONSULTATION ON SUPREME COURT NOMINEES My second point: If there is to be any Mr. CORNYN. Mr. President, I want consultation, the Senate must first of pro bono work for the Catholic to talk about the anticipated vacancy show that it will behave itself in a Church,’’ and found to be ‘‘a deeply dis- on the U.S. Supreme Court. Whatever manner worthy of such a special role in turbing candidate for the United States the timeframe for a vacancy on the the Supreme Court nomination proc- Supreme Court,’’ according to some ac- Court, the process for selecting the ess. After all, there is a right way and counts. next Associate or Chief Justice should a wrong way to debate the merits of a David Souter, also on the U.S. Su- reflect the very best of the American Supreme Court nominee. And history preme Court, during his confirmation judiciary, not the worst of American itself provides some useful bench- process, was described as ‘‘almost ne- politics. We deserve a Supreme Court marks. anderthal,’’ ‘‘biased,’’ and ‘‘inflam- nominee who reveres and respects the First, whoever the nominee is, the matory.’’ One Senator actually said law—and a confirmation process that is Senate should focus its attention on ju- Souter’s civil rights record was ‘‘par- civil, respectful, and keeps politics out dicial qualifications—not on personal ticularly troubling’’ and ‘‘raised trou- of the judiciary. political beliefs. bling questions about the depth of his This morning, a number of our col- When President Clinton nominated commitment to the role of the Su- leagues on the other side of the aisle Ruth Bader Ginsburg to the Court in preme Court and Congress in pro- asked to be consulted about any future 1993, Senators knew that she was a bril- tecting individual rights and liberties Supreme Court nomination. liant lawyer with a strong record of under the Constitution.’’ That same I have two responses. First, we service in the law. Senators knew that Senator condemned Souter for making should be clear. Although consultation, she served as general counsel of the ‘‘reactionary arguments’’ and for being in theory, may or may not be a good American Civil Liberties Union, a lib- ‘‘willing to defend the indefensible’’ idea, there is no constitutional require- eral organization that has championed and predicted that, if confirmed, ment or Senate tradition that obli- the abolition of traditional marriage Souter would ‘‘turn the clock back on gates the President, or anyone in the laws and attacked the Pledge of Alle- the historic progress of recent dec- executive branch, to consult with indi- giance. And they know that she had ades.’’ At Senate hearings, witnesses vidual Senators, let alone with the previously written that traditional cried that, ‘‘I tremble for this country Senate as an institution. marriage laws are unconstitutional; if you confirm David Souter,’’ warning Second, consultation may or may not that the Constitution guarantees a that ‘‘women’s lives are at stake,’’ and be a good idea, but Senators should be- right to prostitution; that the Boy even predicting that ‘‘women will die.’’ have in a manner that is both respect- Scouts, Girl Scouts, Mother’s Day, and The best apology for these ruthless ful and deserving of such a special role Father’s Day are all discriminatory in- and reckless attacks is for them never in the Supreme Court nomination proc- stitutions; that courts should force to be repeated again. Unfortunately, ess, if they expect the administration taxpayers to pay for abortions against recent history is not particularly to meet them halfway. their will; and that the age of consent promising. Even before President Bush At a minimum, the President should for sexual activity should be lowered to took office in January 2001, the now- consider the following three conditions the age of 12. The Senate, nevertheless, leader of the opposition party in the before agreeing to any special con- confirmed her by a vote of 96 to 3. Senate told Fox News Sunday that ‘‘we sultation with any particular Senator. Similarly, when Steven Breyer, nom- have a right to look at John Ashcroft’s First, whoever the nominee is, the Sen- inated in 1994 by President Clinton, and religion,’’ to determine whether there ate should focus its attention on judi- Antonin Scalia, nominated in 1986 by is ‘‘anything with his religious beliefs cial qualifications, not personal polit- President Reagan, the Senate recog- that would cause us to vote against ical beliefs. Second, whoever the nomi- nized that these were brilliant jurists him.’’ And over the last 4 years, this nee is, the Senate should engage in re- with strong records of service. Breyer President’s judicial nominees have spectful and honest inquiry, not par- had served previously as chief counsel been labeled ‘‘kooks,’’ ‘‘Neanderthals,’’ tisan, political, or personal attacks. to Senator TED KENNEDY on the Senate and even ‘‘turkeys.’’ Respected public Third, whoever the nominee is, the Judiciary Committee. His nomination servants and brilliant jurists have been Senate should apply the same fair proc- to the Court was opposed by many con- called ‘‘scary’’ and ‘‘despicable.’’

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7229 Third, whoever the nominee is, the tual exercise speculating perhaps about SUPREME COURT NOMINEES Senate should apply the same fair proc- the limits of the law or what the law Mr. MCCONNELL. Mr. President, I ess that has existed for over two cen- would or would not be under a par- listened with interest this morning to turies when it comes to confirmation ticular set of circumstances. the remarks of our Democratic col- or rejection—by an up-or-down vote of It is simply unreasonable to ascribe leagues. They talked about a potential the majority. to those nominees, let’s say, the views Supreme Court vacancy. While we have Our colleagues on the other side of of someone they are defending in a no knowledge of the occurrence of such the aisle have recently asked to be con- criminal case because they have volun- a vacancy at this time, our friends im- sulted about any future Supreme Court teered to serve pro bono to defend plored the White House to consult with nomination—even though the Constitu- somebody accused of a crime, or to as- them in selecting a Supreme Court tion provides only for advice and con- cribe to them as their own personal be- nominee. It is on this subject that I sent of the Senate, not individual Sen- liefs or ones they will actively seek and wish to make a few observations in the ators, and only with respect to the ap- enforce from the bench or what they event such a vacancy were to occur. pointment, not the nomination of any have written in academic writings on From time to time, Senators may Federal judge. If Senators want an ex- perhaps the limits of the Constitution suggest to a President who he should traordinary and extraconstitutional or what would or would not stand up in nominate to the Federal bench. Some- role in the Supreme Court nomination a particular court decision. times Presidents agree with the sug- process, the President should first con- I agree we should be fair to the nomi- gestions and sometimes they do not. sider seeking a commitment from them nees. We should require they rule in ac- This White House has observed this to subscribe to the three principles cordance with precedent and the intent practice, and I believe it will continue that I have talked about briefly above. of Congress when it comes to inter- to do so. But we should not confuse the After years of unprecedented obstruc- preting acts of Congress. But we should solicitude that any President may af- tion and destructive politics, we must not try to mischaracterize them or ford the views of individual Senators restore dignity, honesty, respect, and paint them as out of the mainstream on a case-by-case basis with some sort fairness to our Senate confirmation by viewing in isolation some of these of constitutional right of 100 individual process. That is the only way to keep writings or representations in their Senators to co-nominate persons to the politics out of the judiciary. legal practice. Federal court. Unfortunately, I am afraid our Demo- Mr. MCCONNELL. Will the Senator Mr. MCCONNELL. Finally, let me yield for a question before yielding the ask, is it not largely the case, I ask my cratic friends are under a misapprehen- floor? colleague from Texas, that until the sion that they have some sort of indi- Mr. CORNYN. Yes. last few years, controversial or provoc- vidual right of co-nomination. In the past, our colleague Senator SCHUMER Mr. MCCONNELL. I was listening ative comments or writings have, in carefully to my friend’s comments fact, not been used as a rationale for has said that in his view—in his view— about the process by which we react to defeating nominees, assuming they are the President and the Senate should have ‘‘equal roles’’ in picking judicial the President’s nominees to the Su- lacking in qualifications or ‘‘outside nominees. preme Court. Did I hear my colleague the mainstream’’ as a rationale for de- And just last week, and again on the correctly, in discussing the issue of feating otherwise well-qualified nomi- floor this morning, my good friend what is or is not a mainstream nomi- nees? from Vermont said that he ‘‘stands nee, that Ruth Bader Ginsburg, for Mr. CORNYN. As the distinguished ready to work with President Bush to whom I voted—and I believe the final assistant majority leader knows, there help him select a nominee to the Su- vote was something like 96 to 3—had at has been a mischaracterization of the preme Court.’’ one time speculated that there might record of many nominees who have Such a view of the confirmation proc- be a constitutional right to prostitu- come up in recent times and one I hope ess is completely at odds with the plain tion? Did she not suggest that at some we do not see repeated when we have language of the Constitution, the point in one of her writings? this Supreme Court vacancy to con- Framers’ intent, common sense, and Mr. CORNYN. The distinguished as- sider, the President’s nominee. But we past statements of our Democratic sistant majority leader is correct. have not had a good record recently of friends themselves. Mr. MCCONNELL. Also, had she not treating these nominees respectfully, Let’s start with the Constitution. Ar- suggested at one point that there be a understanding that these are people ticle II, section 2 provides that the uni-sex ‘‘Parent’s Day’’ instead of a Fa- who are subjecting themselves to this President, and the President alone—no ther’s Day or a Mother’s Day, or some- process and public service at some per- one else—nominates. It says ‘‘the thing similar to that? sonal sacrifice. I worry if this process President shall nominate.’’ It does not Mr. CORNYN. Again, the distin- becomes too mean and too unfair that say ‘‘the President and the Senate guished assistant majority leader is we will simply see people who will not shall nominate,’’ nor does it say ‘‘the correct. answer the call when the President re- President and a certain quantity of in- Mr. MCCONNELL. I ask my friend quests they serve as a judge. dividual Senators shall nominate.’’ It from Texas, is it not the case that We have seen those kinds of charac- says ‘‘the President shall nominate’’— many nominations that have been sent terizations and attacks, as the assist- the plain words of the Constitution. up here by Presidents have opined, ant majority leader described them. It It then adds that after he nominates, from time to time, controversial or is my hope, and I know his, that we his nominees will be appointed ‘‘by and provocative views, particularly if they will not see a repetition of that, but we with the Advice and Consent of the have had a background as a teacher, will see a respectful process. We will Senate.’’ that might strike many of us on this see one where the Senate does its job. This plain language meaning of arti- side of the aisle, and I suspect a major- We ask tough questions. We do a thor- cle II, section 2 is confirmed by the ity on the other side, as outside of the ough investigation. But at the end of Founding Father who proposed the mainstream to the left? the day, we do not try to paint these very constitutional language I just Mr. CORNYN. I say to the distin- nominees as something they are not cited. Alexander Hamilton wrote that guished assistant majority leader that and that we have an up-or-down vote it is the President, not the President any lawyer—and we are likely to get a on these nominees, as we have had for and members of the opposition party, lawyer nominated for this important more than 200 years. who nominates judges. Specifically, in job on the Supreme Court—is going to Mr. MCCONNELL. I thank my friend Federalist No. 66, Alexander Hamilton have taken on behalf of a client, some- from Texas for responding to my ques- wrote: one they have represented, or if they tions. It will be the Office of the President to have taught, as the question suggests, Mr. CORNYN. I yield the floor, Mr. nominate, and, with the advice and consent during the course of their academic President. of the Senate, to appoint. There will, of musings, programs, or writings, in Law The PRESIDING OFFICER (Mr. course, be no exertion of choice— Journal articles or otherwise, they are ALEXANDER). The Senator from Ken- I repeat, no exertion of choice— going to engage in the kind of intellec- tucky. on the part of the Senate. They may defeat

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7230 CONGRESSIONAL RECORD — SENATE June 23, 2005 one choice of the Executive and oblige him The PRESIDING OFFICER. Without would be acceptable to most of us be- to make another; but they cannot them- objection, it is so ordered. cause we believe—my test, and I think selves choose—they can only ratify or reject The Senator from New York. it is the test of most of us is not on any the choice [of the President]. Mr. SCHUMER. Mr. President, I am one issue but, rather, would be people Nothing could be more clear—Alex- sorry I was at the DPC lunch, but I who would interpret the law, not make ander Hamilton in Federalist No. 66 in- heard that a number of my colleagues it. terpreting the plain language of article had a little debate about consultation, I do not like judges who are II, section 2 of the Constitution. a letter that 44 of the 45 Democrats ideologues. I do not like judges at the The Framers were, of course, as we sent to the President today, and the extremes. Obviously, the President has all know, brilliant. They recognized 45th, Senator BYRD, agreed in theory nominated some judges at the ex- that the judicial confirmation process with the letter, agreed in the senti- tremes, but my judicial committee, would not function at all if we had the ments of the letter but wanted to write under my instructions in New York, President and a multitude of individual his own. He felt so strongly about it, he where I get a say in nominations, Senators selecting judges. How could a told me, that he wanted to put it in his knocks out anybody on the far left. President hope to accommodate the own words. That is because ideologues want to views of 100 different Senators on who All of a sudden we are hearing two make law. They are so sure they are he should nominate, each of whom things from the other side about con- right that they can ignore everybody might submit their own slate of nomi- sultation. First—and I could not be- else. nees? That is why the only person who lieve this statement—my good friend Consultation is what it is all about. won a national election is charged with from Texas, Senator CORNYN, said the In my judgment, consultation is the the power of nomination—the only per- Democrats are being political. If 1984 only way to avoid the kinds of con- son who won a national election is has not arrived, when asking to consult frontations which I am sure none of us charged with the power of nomination. and bring people together is political likes when it comes to judges. To call Our Democratic friends at one point and asking to be divided and not con- it political, that does not pass the at least recognized this as well. For ex- sult is nonpolitical, I don’t know what laugh test. ample, during Justice O’Connor’s con- is. This is 1984. We are asking the Then I heard—and again, I was not firmation hearing, my good friend from President to bring people together. We here—that my friend from Texas and I Delaware, the former chairman of the are asking the President to follow the believe my friend from Kentucky were Judiciary Committee, said: Constitution. There is the word ‘‘ad- having a debate on what should be al- I believe it is necessary at the outset of vise.’’ And all of a sudden that is called lowed to be in the record in terms of if these hearings on your nomination— being political? Please, give me a and when a Supreme Court Justice is Talking to Sandra Day O’Connor at the break. nominated. I was told, Well, what they time— The American people have asked us— considered and argued while in court to define the nature and scope of our respon- every one of us; we can be from any one should not be considered because they sibilities in the confirmation process, at of the 50 States, we can be of any polit- were representing a client, or it should least as I understand them. . . . [A]s a Mem- ical philosophy, and I am sure we are not be this or it should not be that. ber of the U.S. Senate, I am not choosing a asked when we get home: How do we The nomination and the confirma- nominee for the Court. break this partisanship on judges? The tion of a U.S. Supreme Court Justice This is our colleague from Delaware. wisdom of the Founding Fathers, as al- and a U.S. Chief Justice is one of the . . . I am not choosing a nominee for the ways, is usually best. They rec- most important things we shall do as Court. That is the prerogative of the Presi- Senators. Let me put my colleagues on dent of the United States, and we Members ommended advise as well as consent, of the U.S. Senate are simply reviewing the meaning consult. And here we, in a notice: Everything should be on the choice that he has made. way—all the Democrats—in a desire to record—everything. Some will have less importance, some will have more That was Senator BIDEN in 1981. avoid confrontation, asked for con- And on the subject of deference, I sultation, and we are called political? importance, but to already, before must respectfully disagree with my It seems to my good friend from someone is even nominated, start say- good friend from Massachusetts, Sen- Texas the only thing that is not polit- ing, Oh, this should not be part of the ator KENNEDY. Professor Michael ical is we just say yes to whatever the record, that should not be part of the Gerhardt, on whose expertise in con- President asks. That is not what we record, sounds a little defensive. stitutional law our Democratic friends will do, and that is not what America I suppose we should not know any- have relied, notes that: is all about. thing about the nominee; just take the The Constitution . . . establishes a pre- Our letter, I say to the American President’s recommendation. Well, sumption of confirmation that works to the people, was heartfelt. again, read the Constitution, I would advantage of the President and his nominees. Our letter said: Let us avoid the con- advise my colleagues, with respect. It Finally, let me reiterate that at the frontation on judges. The only way to does not say the President determines end of the day, the Senate gives the do it is by consultation, plain and sim- who are Supreme Court nominees. In President’s nominees an up-or-down ple. President Clinton consulted. He fact, for two-thirds of the period when vote. This has been the practice even called Senator HATCH at a time when the Founding Fathers wrote the Con- when there were highly contested Su- Senator HATCH was not in the major- stitution, they had the Senate choose preme Court nominees. There were no ity. According to Senator LEAHY, he the Supreme Court. The only reason Supreme Court nominees more con- told me this morning that Senator they changed it to have the President tested than Robert Bork and Clarence HATCH at that time—it must have been nominate is—I think they called it Thomas. Yet those Supreme Court 1993 or 1994—was the ranking minority unity of purpose. They thought hav- nominees received up-or-down votes. I member, and as I understand it Presi- ing—then it was probably 30—26 people expect the same courtesy will be af- dent Clinton bounced names off Sen- try to choose 1 nominee was far more forded to the next Supreme Court ator HATCH: How about this one, how difficult than 1 choosing a nominee. nominee regardless of who the nomi- about that one? But make no mistake about it, they nating President is. Senator HATCH was wise enough to wanted the Senate to be very active. In I thank the Chair, and I yield the know that he was not going to get a fact, as we know from our history and floor. conservative. The President would not we have repeated on this floor, al- I suggest the absence of a quorum. nominate a conservative, just as we though it does not seem to make much The PRESIDING OFFICER. The know and do not expect the President of a dent, the early Senate rejected one clerk will call the roll. to nominate a Democrat or a liberal. of George Washington’s nominees, and The assistant legislative clerk pro- We know that. But there are always I believe in that Senate there were ceeded to call the roll. shades of gray which only the eight Founding Fathers. Mr. SCHUMER. Mr. President, I ask ideologues of the hard right and the They ought to know better than any unanimous consent that the order for hard left never see. There are people of us. Here we are saying this should the quorum call be rescinded. who are mainstream conservatives who not be part of the record, that should

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7231 not be part of the record. Maybe my time it is better to just remain silent I have been in politics for many colleagues are being a little defensive. and not to dignify the remarks which years. I understand the use of partisan Maybe they do not want—I do not might have been made in the heat of political rhetoric to play to an audi- know who the nominees will be. I have partisan rhetoric, but this is a bit dif- ence. I also know that in this era of in- no idea. But maybe they are worried ferent. stantaneous information, erroneous that if all the facts came out, the All of us who were in the Congress at statements can become accepted as American people might not want the that time recall 9/11 vividly. Like all facts. This statement, if it truly re- nominee. I am of the other view. Jus- Americans we saw the jet liners crash flects the views of the President’s advi- tice Brandeis stated that sunlight is into the Twin Towers on our tele- sor, needs to be refuted before it can be the greatest disinfectant. The more we visions and we could all see the smoke thought of as being historically accu- see and the more we learn, the better rising from the Pentagon just across rate. we will be prepared. the river. There has been a lot said in the press I see my good friend, our great leader Perhaps Mr. Rove forgets what that recently about demanding apologies for from Hawaii, has come to the floor of day was like as we evacuated our of- words that have been spoken. The the Senate, and I do not want to delay fices and tried to maintain an aura of White House needs to take a look at him. calm for the American public. Perhaps these statements and consider an ap- In conclusion, one, we plead with the he forgets the spontaneous action of propriate response to repudiate these President to consult with the minority, many of my colleagues who gathered words. as President Clinton did, as President on the steps of the Capitol to sing ‘‘God Patriotism is not owned by one polit- Hoover did, as President Grant did, and Bless America.’’ It wasn’t Republicans ical party. Our national resolve is not as so many others. That will make the on the steps and it wasn’t conserv- Democratic or Republican. It is Amer- process go more easily. When the atives, it was Americans. All colors, all ican. American people ask us what can avoid religions, both parties came together I yield the floor. the kind of confrontation we have seen in a patriotic symbol to demonstrate The PRESIDING OFFICER. The Sen- with judges, there is a one word an- the resolve of America. ator from Alaska. swer: consultation. Advise, as in advise Mr. Rove must also not remember Mr. STEVENS. I ask unanimous con- and consent. that the Senate was in the hands of a sent that I be excused from the Senate The ball is in the President’s court. Democratic majority in September between the hours of 3 p.m. and 6 p.m. He can determine whether we have the 2001. It was the Democratic majority, today. kind of process the American people acting with the Republican minority, The PRESIDING OFFICER. Without want—careful, thorough but harmo- which pushed through a resolution au- objection, it is so ordered. nious, without acrimony, by con- thorizing the use of force to go after Mr. DOMENICI. Mr. President, I sug- sulting—or he can be like Zeus from Osama Bin Laden. There was no dis- gest the absence of a quorum. Mount Olympus and throw down judi- pute between the parties on this issue. The PRESIDING OFFICER. The cial thunderbolts and say: This is the We all agreed that we had to defeat clerk will call the roll. nominee. Then maybe some of his min- this enemy of America. The assistant legislative clerk pro- ions will say: You cannot admit this I was Chairman of the Defense Appro- ceeded to call the roll. fact about the nominee or that fact priations Subcommittee at that time. I Mr. KENNEDY. Mr. President, I ask about the nominee or that fact about worked with my colleague TED STE- unanimous consent that the order for the nominee. That is not legitimate. VENS to put together an emergency ap- the quorum call be rescinded. That will not create a harmonious propriations bill to support the Defense The PRESIDING OFFICER. Without process in this body. Department’s requirements to mount objection, it is so ordered. We are on the edge of perhaps a nom- an attack on the terrorists. It was a bi- Mr. KENNEDY. Mr. President, I ask ination for the U.S. Supreme Court— partisan plan that provided the admin- for recognition in my own right and I again, one of the most important istration wide latitude to respond to ask my comments be printed in an ap- things we Senators do. Let us hope, this tragedy. There was no dissent. We propriate place in the RECORD and be with consultation, it will occur in a were united across party lines. given as in morning business. harmonious and bipartisan way. Perhaps Mr. Rove just forgets. I can- The PRESIDING OFFICER. Without I yield the floor. not forget visiting the Pentagon and objection, it is so ordered. The PRESIDING OFFICER. The Sen- examining the extent of the damage (The remarks of Mr. KENNEDY are ator from Hawaii. and the continuing rescue efforts with printed in today’s RECORD under WE ARE ALL AMERICANS my colleague Senator STEVENS. I viv- ‘‘Morning Business.’’) Mr. INOUYE. Mr. President, accord- idly recall flying to New York City one The PRESIDING OFFICER (Mr. ing to press reports last evening one of week later to tour the site of the dis- THOMAS). The Senator from New Mex- the principal advisors to the President, aster. I will never forget the acrid ico. Mr. Karl Rove, criticized Democrats for smell that still arose through the Mr. DOMENICI. Mr. President, I see failing to respond to the attacks on smoke from the site as we flew over the the distinguished Senator from Massa- 9/11. He is reported to have said that area in a helicopter. I will forever re- chusetts. I know he wants to speak. I the Democratic Party did not under- call seeing the widows of lost fire- do want to explain the position I am in. stand the consequences of the Sept. 11, fighters being escorted, and literally I am trying very hard to get the 2001, attacks. He is quoted saying, held up, by other New York emergency amendment that is pending voted on. ‘‘Liberals saw the savagery of the 9/11 workers as they visited the site. We have been waiting for a long time. attacks and wanted to prepare indict- It has not been often in our Nation’s Both Senator BINGAMAN and Senator ments and offer therapy and under- history that we have been tested. As a DOMENICI have to leave. Our scheduled standing for our attackers, Conserv- teenager I was present on December 7, time of departure is 3:30 to get home to atives saw the savagery of 9/11 and the 1941 at another time in our Nation’s go to a BRAC Commission meeting attacks and prepared for war.’’ history when we suffered a savage at- where six commissioners will be there. Oftentimes in press reports, words tack. I need all the time between now and are taken out of context or simply mis- At the time the Nation responded in 3:30 to get it done. But if the Senator quoted. I would hope that is the case a bipartisan fashion to respond to that wants to speak, I will yield and see here. I would hope that the views that awful attack. Our response to the 9/11 what happens. were reported to have been expressed attack was similar. All Americans were The PRESIDING OFFICER. The Sen- do not really represent the thoughts of outraged by the attack and we proved ator from Massachusetts. Mr. Rove and certainly not the Presi- our resolve to respond. To claim that Mr. KERRY. I want to accommodate dent of the United States. one party had a monopoly on a patri- and help my friend and colleague. What It is not often that I come to the otic response or a will to act is not I would like to find out is, if I could be floor to question what someone might only factually in error it is an insult to part of a unanimous consent request to have said. My view is that most of the all Americans. simply be recognized after the business

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7232 CONGRESSIONAL RECORD — SENATE June 23, 2005 the Senator needs to do, I am happy to it. It cannot be included in this bill for tion for the bill and is fully within the accommodate him. a lot of reasons, including those the amount of money Congress set aside Mr. DOMENICI. The Senator wants Senators from offshore States under- for the energy bill. to be recognized for a speech. stand. We will continue to work on it Texas is proud of its heritage as an Mr. KERRY. I want to be recognized and see how we can move it along in energy producing State. Texas will to be able to speak immediately after due course. continue to play a vital role in pro- the business the Senator has to con- Mr. VITTER. I thank the chairman. viding for the Nation’s energy needs. duct. If I can be so recognized, I would Mr. DOMENICI. Will you pull your This amendment is a reasonable pro- appreciate it very much. amendment after this colloquy? posal to address an issue of basic fair- Mr. DOMENICI. So long as there is Mr. VITTER. Yes, this first amend- ness. This will demonstrate to those no misunderstanding, the business I am ment is No. 802. My second amendment communities along the coast that are talking about would include a vote. we can deal with much later on. We so vital to the production of oil and gas Mr. KERRY. I understand. The Sen- don’t to have deal with it immediately. for the Nation that they are valuable, ator needs to have a vote now, and I Mr. DOMENICI. Will you withdraw important, and supported. will happily accommodate that. it? AMENDMENT NO. 891 Mr. DOMENICI. I am appreciative. I Mr. VITTER. Mr. President, I with- Mr. DOMENICI. Might I ask if we are thank the Senator so much. draw amendment No. 802. ready to proceed now? Is the chairman The PRESIDING OFFICER. Without The PRESIDING OFFICER. The of the Budget Committee prepared to objection, it is so ordered. amendment is withdrawn. make his closing remarks? Mr. KERRY. I understand I am part Mr. CORNYN. Mr. President, I rise to The PRESIDING OFFICER. The of the unanimous consent request to be add my support to the Domenici amendment I mentioned has been re- recognized after the vote. amendment No. 891. However, before I called. The PRESIDING OFFICER. That is proceed, I want to extend my gratitude Mr. DOMENICI. The appropriate correct. and congratulations to the chairman word is ‘‘recalled.’’ Mr. DOMENICI. Yes, indeed. As soon and ranking member of the Energy and The PRESIDING OFFICER. Recalled. as this business is finished on the pend- Natural Resources Committee, Senator Mr. DOMENICI. I thank the Parlia- ing amendment, he will be recognized DOMENICI and Senator BINGAMAN, for mentarian. for whatever time he needs. their hard work in producing this Sen- The PRESIDING OFFICER. The Sen- In order to save time, I wonder if I ate energy bill. ator from New Hampshire. could have 2 minutes of colloquy with Congress has tried several times to Mr. GREGG. Mr. President, what is the Senator from Louisiana, which is approve a comprehensive energy bill. the parliamentary situation? Is there part of the proposal we are trying to Under their wise guidance and counsel, unanimous consent agreement? finish. No amendments, just a colloquy I believe that we will be successful this Mr. DOMENICI. There is none. When with reference to the subject matter. I time. It is critical that we provide the you finish, we are going to vote. know the Senator from New Jersey is country with the resources and tools to Mr. GREGG. So I have the last say here. This colloquy has to do with meet our growing energy needs and here and then we will go to a vote. some amendments he is pulling down this bill will go a long way in accom- Mr. DOMENICI. Equal time, 1 that put our compromise together so plishing that goal. minute, 2 minutes; whatever you take, we don’t have any amendments that of- It is toward this same goal that I I take. Then we vote. fend you. He wants to ask me about support this amendment that would Mr. GREGG. Well, since it is my two amendments which he will with- share a portion of the revenues gen- point of order, I would like to go last, draw. erated by off-shore oil and gas oper- and I will need about 5 minutes. The PRESIDING OFFICER. Without ations with coastal producing States. Mr. DOMENICI. I will use 2 minutes. objection, it is so ordered. As we work to address our Nation’s The PRESIDING OFFICER. Without The Senator from Louisiana. growing energy needs and to increase objection, it is so ordered. AMENDMENT NO. 802 RECALLED our domestic production of oil and gas, Mr. DOMENICI. Mr. President, the Mr. VITTER. Mr. President, I rise to there will be enormous pressures distinguished chairman of the Budget engage in a colloquy with the distin- placed on the communities along our Committee has the right to raise a guished chairman about one amend- coasts that serve as a platform to these point of order and he did. There is also ment in particular, amendment No. 802. operations. These pressures take a va- a provision in the Budget Act that says It is based on an underlying bill I in- riety of forms and present a number of if a point of order is made, the Senate troduced, the Alternative Energy En- challenges. By giving coastal States an may waive the point of order. So the hancement Act, which would provide arrangement that States with in-land issue before the Senate is whether we some regulatory structure and some development already have by sharing should waive the point of order. I want royalty sharing for new alternative en- some of these oil and gas revenues, we to make two points. ergy that is developed offshore, par- can mitigate some of these pressures. First, the Energy and Natural Re- ticularly on the Outer Continental This includes assistance with conserva- sources Committee, which has the bill Shelf. These are new forms of energy tion of critical coastal habitats and on the floor, was allotted $2 billion. which are not in production now, wetlands to providing coastal commu- People think we were allotted a lot of things such as solar energy, thermal nities with help for infrastructure and money. We were allotted $2 billion to energy, wave energy, methane hy- public service needs. There has been a be spent by the committee on matters drates. significant amount of discussion on the pertaining to this bill. We have a de- First, I compliment the chairman for issue of coastal erosion in Louisiana, bate as to whether we can spend it on his work on the bill because the under- but I want the Senate to know that this amendment or whether we have to lying bill includes most, if not all, of parts of Texas are experiencing some of spend it on the bill in committee. The the regulatory provisions of my bill. the very same problems. Senator from New Mexico maintains What it does not include is royalty I also appreciate the comments and that we should, as a Senate, say the $2 sharing. I would like to ask the chair- reservations expressed by the distin- billion was given to the committee. We man if he could continue to work with guished Chairman of the Budget Com- are spending it on legitimate com- me as this energy bill goes to con- mittee. As a member of the Budget mittee business, and we ought to be al- ference to create a fair system of roy- Committee, I recognize the signifi- lowed to spend it on this amendment. alty sharing for these new forms of en- cance and implications of waiving the We do not break the budget, we just ergy, noting that it is absolutely no Budget Act. However, in this case, the use the money we were allotted. So it loss to the Federal Treasury because budget resolution does contain a spe- isn’t a budgetary question. It is a budg- those revenues are not coming in yet. cific reserve fund to accommodate et issue whether we should waive based Mr. DOMENICI. The Senator has my spending in the energy bill. This upon whether we should have used it in assurance. Just as I have tried to do amendment does not cause the bill to the committee or whether we could use that in the past, I will continue to do exceed the funds provided in the resolu- that very same amount of money on

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7233 the floor of the Senate. That is the are we going to spend money creating The legislative clerk called the roll. issue. an entitlement program that is totally Mr. MCCONNELL. The following Sen- I yield back any time I have. outside of the bounds of the budget, ators were necessarily absent: the Sen- The PRESIDING OFFICER. The Sen- which is wrong, and which has no equi- ator from Minnesota (Mr. COLEMAN), ator from New Hampshire. ties behind it, other than that group of and the Senator from Alaska (Mr. STE- Mr. GREGG. I am now recognized for States decided to raid the Federal VENS). 5 minutes. Treasury? Further, if present and voting, the The PRESIDING OFFICER. The Sen- It seems to me we have to make some Senator from Minnesota (Mr. COLE- ator is correct. decisions as to whether we are going to MAN), would have voted ‘‘yea.’’ Mr. GREGG. Mr. President, it is im- enforce the budget process. I note that Mr. DURBIN. I announce that the portant to review the bidding here. The the administration supports this point Senator from North Dakota (Mr. CON- situation is that a budget point of of order and opposes this amendment. I RAD), the Senator from Minnesota (Mr. order has been raised. It is properly hope my colleagues will join me in that DAYTON), and the Senator from North founded, and there is a motion to waive position, also. Dakota (Mr. DORGAN), are necessarily it. The logic behind the point of order I yield back the remainder of my absent. is very simple. We are taking a discre- time. The PRESIDING OFFICER. Are there tionary program and moving it over to The yeas and nays have been ordered, any other Senators in the Chamber de- be an entitlement program to benefit as I understand it. siring to vote? Mr. DOMENICI. Mr. President, before five States, primarily Louisiana, which The result was announced—yeas 69, the yeas and nays are called, I think will get 54 percent of the money that is nays 26, as follows: we have a unanimous consent agree- allocated. It is hard to understand why [Rollcall Vote No. 153 Leg.] we would want to create a new entitle- ment that everybody put their finger- YEAS—69 ment program simply for Louisiana to prints on. I will read it, after which address their conservation concerns. time we will vote. Akaka Durbin Murkowski I ask unanimous consent that the list Alexander Ensign Murray There are a lot of States that have con- Allen Feinstein Nelson (FL) servation concerns. There is, in my of amendments that I send to the desk Baucus Frist Nelson (NE) opinion, virtually no nexus between be the only first-degree amendments Bayh Graham Obama Bennett Grassley Pryor the conservation issues which will be remaining in order to the bill, includ- ing the managers’ amendment, which Biden Hagel Reed addressed theoretically by this amend- Bingaman Hatch Reid ment, should it pass, and the energy are enumerated; provided further that Bond Hutchison Roberts this agreement does not waive the pro- Boxer Inouye Rockefeller that is being sought off the coast of visions of rule XXII; further, that upon Brownback Jeffords Salazar Louisiana. But even if there were, it disposition of the pending Domenici Burr Johnson Sarbanes would be inappropriate to pass such an Cantwell Kennedy Schumer amendment, no further amendments amendment to create a new entitle- Carper Kerry Sessions relating to the issue of OCS morato- Clinton Kohl Shelby ment unless you included other States rium and natural gas and oil explo- Cochran Landrieu Smith which had the same type of impact, be- Cornyn Lautenberg Snowe ration be in order to the bill, with the cause they were producing energy, on Corzine Levin Stabenow exception of amendments Nos. 802 and their environment. Furthermore, we Craig Lieberman Talent 804, to be offered by the distinguished DeWine Lincoln Thune have heard a great deal about how Lou- Senator VITTER; and that upon his Dodd Lott Vitter isiana has a right to this money. They Dole Martinez Voinovich statements on them, the amendments Domenici Mikulski Warner have an entitlement to this money. will be withdrawn. I modify that to Those were the words used by my strike the amendment we have already NAYS—26 friends across the aisle. As we look at recalled, and that was amendment No. Allard DeMint Lugar Bunning Enzi the numbers relative to how funds are 802. So I strike No. 802, which has al- McCain disbursed from the Federal Govern- Burns Feingold McConnell ready been recalled. The rest of the Byrd Gregg ment, it appears that Louisiana is Santorum proposal I leave with the Senate. Chafee Harkin Specter doing pretty well. The PRESIDING OFFICER. Is there Chambliss Inhofe Sununu Coburn Isakson For every dollar Louisiana sends to objection? Thomas Collins Kyl Wyden the U.S. Treasury, Louisiana gets $1.43 Without objection, it is so ordered. Crapo Leahy back. That is pretty darn good. They The list of amendments is as follows: are getting a 43-cent bonus on every . NOT VOTING—5 Coleman Dayton Stevens dollar they spend from what they send FINAL LIST OF ENERGY AMENDMENTS Conrad Dorgan up here. Of the five States that will Talent—#819; Baucus—#846; Rocky Moun- benefit from this, all of them get more tain Fund (to be withdrawn); Durbin—#902, The PRESIDING OFFICER. On this money back than they send to Wash- CAFE, #903, Small Business Next Generation vote, the ayes are 69, the nays are 26. ington, and four get substantially more Lighting; Lautenberg—#778, P–FUELS; Three-fifths of the Senators, duly cho- money. In fact, they are in the top 10 of Inouye/Akaka—#876, Deep Water Renewable sen and sworn, having voted in the af- States to get more money back. Thermal Energy; Pryor—#881, Weatheriza- firmative, the motion is rejected. The tion Assistance Credit; Dodd—#882, SOS: point of order fails. The equities of this Louisiana case Power Rates in New England; Schumer— are weak, to say the least. When you #810, Uranium Exports; Obama—#851; Under the previous order, the Sen- throw into the factor that they already Sununu—#873; Bond/Levin—#925; Salazar— ator from Massachusetts will be recog- have a dedicated fund—the only State #892; and a Manager’s Package. nized, but first the question is on in the country—for all the money Mr. DOMENICI. I understand that we agreeing to amendment No. 891. raised as a result of people running will proceed to an up-or-down vote. Mr. Mr. CRAIG. I suggest the absence of lawnmowers in places such as Mon- President, I might say to the Senate, a quorum. tana, Oregon, or Massachusetts, you after this vote, I don’t believe either The PRESIDING OFFICER. The end up, if you start your lawnmower or Senator from New Mexico will be here clerk will call the roll. your snowblower, sending money to for the remainder of the votes. Senator The legislative clerk proceeded to Louisiana to help them with environ- LARRY CRAIG will assume my role as call the roll. mental mitigation. They already have manager of the bill. I thank everybody Mr. CRAIG. Mr. President, I ask a fund, and they want more on top of for their cooperation to get the bill unanimous consent that the order for that. this far. the quorum call be rescinded. The issue is simple. We passed a I yield the floor. The PRESIDING OFFICER. Without budget. The other side of the aisle The PRESIDING OFFICER. The objection, it is so ordered. didn’t participate in the process. The question is on agreeing to the motion The question is on agreeing to Republican side of the aisle did. We to waive the Budget Act. The yeas and amendment No. 891. passed a budget. Now the question is, nays have been ordered. The clerk will The amendment (No. 891) was agreed Are we going to enforce that budget or call the roll. to.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7234 CONGRESSIONAL RECORD — SENATE June 23, 2005 The PRESIDING OFFICER. The Sen- General Gonzales, I think it is fair to I would say to my friend, the distin- ator from Pennsylvania. say Senator SCHUMER was effusive in guished chairman of the Judiciary JUDICIAL NOMINATIONS his praise of Mr. Gonzales as White Committee, we on this side of the aisle, Mr. SPECTER. Mr. President, I have House counsel regarding consultation as most all of the Senate, have the sought recognition to comment about with New York Senators. greatest respect for ARLEN SPECTER. certain statements made this morning May the record show that Senator We are very happy with the relation- that were somewhat critical of the SCHUMER is nodding in the affirmative. ship he has with the ranking member, President on the issue of consultation As former prosecutors we sometimes Senator LEAHY. They have a relation- on a prospective Supreme Court nomi- say such things. ship that is going to allow us to get nation. One of the Senators from the It is my hope that we will proceed to work done in the Judiciary Committee. other side of the aisle said that there the Supreme Court nomination—if and They have respect and admiration for would be a battle royal unless there when it occurs—in a spirit of comity. I each other. was consultation that met the require- do not have to speak about my record I always joke with Senator SPECTER ments of the other side of the aisle. on the subject. When we were fighting that I am one of the people who have Two other lengthy speeches were also during the Clinton administration read his book—and I have read his presented along the same line. about confirming Paez and Berzon, I book. But my feelings about the Sen- There has been a letter submitted by broke party ranks and supported them. ator from Pennsylvania have only in- some 44 Senators that called for con- It is my view that there is fault on creased in recent years, especially dur- sultation by the President on the issue both sides regarding stalling nomina- ing the last few months when he has of a Supreme Court nomination. How- tions. It began during the last two responded so well to the illness that he ever, I think the first thing to ac- years of President Reagan, all four has. We are all mindful of the physical knowledge is that there is no vacancy. years of Bush No. 1, and reached an in- strength this man has. So anything we It would be premature to be critical. It tense line, frankly, during the adminis- do in the Judiciary Committee is never would be premature to raise the issue tration of President Clinton, when disrespectful of the chairman of the Ju- in a confrontational sense until the some 60 nominations were held up in diciary Committee. matter is ripe for consideration. committee. We know what happened I would say, I attended one of the A number of us had occasion to have with the systematic filibuster and the press events, and I think there was lunch with members of the Supreme interim appointment, and we are past only one, dealing with the Supreme Court last week, and the Chief Justice that. Court, that we talked about today. It looked remarkably fit. We saw him We have a very heavy responsibility, was not a battle royal. It was a very when he administered the oath to the if a vacancy occurs on the Supreme constructive statement that we all President some 5 months ago, when he Court, to move ahead in a spirit of made. was helped down to the podium, a little comity to try to get somebody who can We are hopeful and confident the shaky and his voice a little faltering, be confirmed; somebody who is accept- President will follow through. Like but last Thursday he looked remark- able to the Senate. If we are to fail in Senator HATCH’s relationship with ably well. What he intends to do or that and have an eight-person Court, it President Clinton, it was a good way to what anyone else intends to do remains would be dysfunctional. As we all do things. As a result of the work done to be seen, but it is hardly the time, know, there are many 5-to-4 decisions. with President Clinton and then Sen- given the kind of confrontation in this The country simply could not function ator HATCH, we were able to get two body which we have seen on the judi- with 4-to-4 court. outstanding Supreme Court Justices— cial nomination process, to be looking It would be my hope that we would Ginsburg and Breyer. No one can com- to pick a fight. I am not saying anyone lower the rhetoric and not put anybody plain about the intellect or the hard is picking a fight—just that we ought in the position of being compelled to work and what they have done for our to avoid picking one. I respect the let- respond to a challenge. Let us not chal- country and for the Court. ter which was sent, dated June 23, to lenge each other. Let us not challenge We believe there should be advice and the President, and signed by some 44 the President. Let us move toward con- consent on all judicial nominations but Senators. It quotes the President at sultation. at least on the Supreme Court. As the the press conference on May 31, 2005, This is something I have discussed Senator from Pennsylvania said, the where he said: ‘‘I look forward to talk- with the distinguished Democratic President a month ago indicated he ing to Members of the Senate about the Leader, Senator REID. Also, Senator was going to do that, and we, today, Supreme Court process to get their LEAHY and I have talked about the sub- wanted to remind the President, in the opinions as well and will do so. We will ject at length. I think we have estab- letter we sent to him, that he should consult with the Senate.’’ lished—as Senator LEAHY called—it an follow what he said before. That is an extract from the letter atmosphere of comity in the Judiciary We look forward to a hearing. I have sent to President Bush dated today. Committee. Such that we will approach spoken to our ranking member, Sen- Well, May 31 was only 24 days ago and this very important duty with tran- ator LEAHY, and he is in the process of when the President has made a com- quility, comity, and good will to do the working with the Senator from Penn- mitment to consult with the Senate, work of the American people and not sylvania to come up with a protocol, that is pretty firm and that is pretty presume that the President is going to how we proceed on Supreme Court emphatic. pick someone characterized as out of nominations. Given his other responsibilities, and the mainstream or someone objection- This is a very unusual time in the the fact that there is no vacancy on able. history of this country. We have gone the Supreme Court, it is presumptuous I thank the Chair and yield the floor. more than 11 years without an opening to say that there is some failure on his The PRESIDING OFFICER. The mi- in the Supreme Court. As a result of part. I have asked the President to con- nority leader. that, staff is not as familiar with how sult with Democratic Members and to Mr. REID. First, I underscore what things have happened in the past, and listen. The advice and consent clause of the distinguished chairman of the Judi- most Senators were not even here when the Constitution is well known. He has ciary Committee said. We all hope that the Supreme Court vacancies were asked me, in my capacity as Chairman Chief Justice Rehnquist’s health per- filled last time—at least many of the of the Judiciary Committee, about the mits him to continue serving on the Senators. issue, and I recommended to him con- Court. I became an admirer of his dur- So I say to my friend from Pennsyl- sultation. He has been very receptive ing the impeachment proceedings. I got vania, we look forward to working with to the idea. Although he has made no to know him. He has a great sense of you and the administration if, in fact, commitment to me, he did make a very humor, and we all know he has a tre- there is a vacancy on the Supreme flat commitment in his speech, as cited mendous intellect. I wish him the very Court. And even if there is not a va- in this letter. best health. So I hope we do not have cancy on the Supreme Court, I believe I might comment that during the to consider a vacancy in the Supreme it is important that you and Senator confirmation proceedings of Attorney Court. LEAHY work toward a protocol so when

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7235 one does come up, it is not catchup American who is every bit as com- We should not be letting 95 percent of time. I say if there is no Supreme mitted to fighting terror as is he. our container ships come into our Court vacancy, we look forward to For Karl Rove to equate Democratic country uninspected. We should not be working with you on the many things policy on terror to indictments or to leaving nuclear and chemical plants over which the Judiciary Committee therapy or to suggest that the Demo- without enough protection. Until the has jurisdiction. We are confident your cratic response on 9/11 was weak is dis- work is done of truly responding in the experience and intellect and love of the graceful. way that Kristen Brightweiser said we law will allow this body to be a better Just days after 9/11, the Senate voted should, making America safer, using 9/ place. 98 to nothing, and the House voted 420 11 for that purpose only, we should not Mr. SPECTER. I thank the Senator. to 1, to authorize President Bush to use see people trying to question the patri- The PRESIDING OFFICER. The Sen- all necessary and appropriate force otism of Americans who are working in ator from Massachusetts. against terror. And after the bipartisan good faith to accomplish those goals. KARL ROVE vote, President Bush said: Before wrapping themselves in the Mr. KERRY. Mr. President, last I’m gratified that the Congress has united memory of 9/11 and shutting their eyes night in New York City, Karl Rove so powerfully by taking this action. It sends and ears to the truth, they ought to re- made some comments to the Conserv- a clear message. Our people are together and member what America is really about; ative Party of New York that need to we will prevail. that leadership is not insult or intimi- be discussed on this floor and for which That is not the message that was dation, it is the strength of making an apology is needed. sent by Karl Rove in New York City America safe. And they ought to re- None of us here will ever forget the last night. Last night, he said: ‘‘No member what their responsibility is to hours after September 11, the frantic more needs to be said about their mo- every single American, and they ought calls to our families after we evacuated tives.’’ The motives of liberals. to just focus on the work of doing that. the Capitol, the evacuations them- I think a lot more needs to be said That is what Americans expect of us, selves, the images on television, and about Karl Rove’s motives because and that is what is going to make this then the remarkable response of the they are not the people’s motives. They country safer in the long run. American people as we came together are not the motives that were ex- I yield the floor. as one to answer the attack on our pressed in that spirit that brought us Mr. JOHNSON. May I direct a ques- homeland. together. They are not the motives of a tion to my colleague from Massachu- I remember being in a leadership Nation that found unity in that crit- setts? meeting just off the Chamber here at ical moment—Democrat and Repub- Mr. KERRY. I am happy to yield for the moment that the plane hit the Pen- lican alike, all of us as Americans. a question. tagon and we saw the plume of smoke. If the President really believes his Mr. JOHNSON. Is it your view that Then the word came from the White own words, if those words have mean- Mr. Rove understands that the men and House that they were evacuating and ing, he should at the very least expect women in uniform in Afghanistan and that we should evacuate. I will never a public apology from Karl Rove. And Iraq are Republicans and Democrats in forget the anger I felt as we walked out frankly, he ought to fire him. If the political registration and political phi- of here, numbers of people running President of the United States knows losophy, but they are Americans work- across the street, and I turned to some- the meaning of those words, then he ing together to protect us, to protect body else walking with us and I said, ought to listen to the plea of Kristen our Nation? ‘‘We’re at war.’’ That was the reaction Brightweiser, who lost her husband As my friend from Massachusetts of the American people. That was the when the Twin Towers came crashing knows, my oldest son, a staff sergeant reaction of everybody in the Senate down. She said: in the U.S. Army, served in combat—he and Congress. If you are going to use 9/11, use it to make is a Democrat—in Afghanistan and We drew strength when our fire- this Nation safer than it was on 9/11. Iraq. There is no political division fighters ran upstairs in New York City Karl Rove doesn’t owe me an apology among those young men and women and risked their lives so that other and he doesn’t owe Democrats an apol- fighting and endangering their lives people could live. When rescuers rushed ogy. He owes the country an apology. each and every day in those countries. into smoke and fire at the Pentagon, He owes Kristen Brightweiser and a lot They are responding to the call of their we took heart at their courage. When of people like her, those families, an country, to endanger their lives. They the men and women of flight 93 sac- apology. He owes an apology to every fought heroically, Republicans and rificed themselves to save our Nation’s one of those families who paid the ulti- Democrats alike. For anyone to sug- Capitol, when flags were hanging from mate price on 9/11 and expect their gest that there are differences of mo- front porches all across America and Government to be doing all possible to tive about protecting America, about strangers became friends, it brought keep the unity of their country and to responding to 9/11, is beyond the pale. out the best of all of us in America. fight an effective war on terror. Do you believe Mr. Rove understands That spirit of our country should never The fact is, millions of Americans that or do you believe that he honestly be reduced to a cheap, divisive political across our country have serious ques- thinks that the defense of this country applause line from anyone who speaks tions about that, and they have a right is a partisan issue? for the President of the United States. to have a legitimate debate in our Na- Mr. KERRY. Mr. President, let me I am proud, as my colleagues on this tion without being called names or say to the Senator, first of all, every side are, that after September 11, all of somehow being divided in a way that one of us is proud of him and proud of the people of this country rallied to does a disservice to the effort to be his family and proud of the service of President Bush’s call for unity to meet safer and to bring our people together. his son. I remember talking to the Sen- the danger. There were no Democrats, The fact is that mothers and fathers of ator from South Dakota about how he there were no Republicans, there were service people spend sleepless nights felt while his son was in harm’s way. If only Americans. That is why it is real- now, worrying about sons and daugh- ever there were a sort of clear state- ly hard to believe that last night in ters in humvees in Iraq that still are ment about the insult of Karl Rove’s New York, a senior adviser, the most not adequately armored. They are ask- comments, it is the question asked by senior adviser to the President of the ing Washington for honesty, for re- the Senator. I don’t know if Karl Rove United States, is twisting, purposely sults, and for leadership—not for polit- understands that. His comments cer- twisting those days of unity in order to ical division. Before Karl Rove delivers tainly do not indicate it. But I will tell divide us for political gain. another political assault, he ought to you this: It raises the question of Rather than focusing attention on stop and think about those families whether he is, as many have suggested, Osama bin Laden and finding him or and the unity of 9/11. prepared to say anything for political rather than focusing attention on just The 9/11 Commission has given us a purposes. smashing al-Qaida and uniting our ef- path to follow to try to make our Na- I think he owes your son. I think he fort, as we have been, he is, instead, tion safer. He ought to be working owes every Democrat. I have been to challenging the patriotism of every overtime to implement the provisions. Iraq. I met countless soldiers who came

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7236 CONGRESSIONAL RECORD — SENATE June 23, 2005 up to me and said, ‘‘I voted for you’’ or Mr. SPECTER. Mr. President, I ask Mr. CRAIG. It does. people who said ‘‘I support you’’ or peo- unanimous consent that the order for Mr. SCHUMER. The amendment I am ple who said they are just Democrats. the quorum call be rescinded. going to offer—there is a friendly sec- This comment by Karl Rove insults The PRESIDING OFFICER. Without ond degree that Senator KYL and I every single one of them who responded objection, it is so ordered. have agreed to. to the call of our country, as did every Mr. SPECTER. Mr. President, with As I understand it, Senator DOMENICI Senator on this side of the aisle in vot- the agreement of the distinguished and his staff know of the Kyl amend- ing to go into Afghanistan and in sup- manager, I ask for 10 minutes to speak ment and approve of it. Senator KYL is porting the troops across the board. If on the subject of asbestos as in morn- on his way. If my colleague will yield, we are going to get things done and ing business. it is filed. find the common ground here, this is The PRESIDING OFFICER. Without Mr. CRAIG. The Senator makes a objection, it is so ordered. good point. not the way for the most senior adviser (The remarks of Mr. SPECTER are I will withdraw the UC so we can get to the President to be talking about printed in today’s RECORD under this solved. I would advise the Senator our country. ‘‘Morning Business.’’) to start debating his amendment now, I remember the storm created in the Mr. CRAIG. I suggest the absence of and let us see if we cannot resolve that. last week over the comments of a Sen- a quorum. If you have opening remarks on your ator. Here is a senior adviser to the The PRESIDING OFFICER. The amendment, I believe this can be President of the United States who has clerk will call the roll. solved. I talked to Senator KYL on the insulted every Democrat in this coun- The assistant legislative clerk pro- issue. I will talk with staff, and we will try, every patriot in this country who ceeded to call the roll. move forward. is trying to do their best to protect our Mr. CRAIG. Mr. President, I ask Is the Senator ready to proceed? troops and provide good policy to our unanimous consent that the order for Mr. SCHUMER. I am. I do not have Nation. To suggest there was a weak the quorum call be rescinded. that much to say, and we limited the response, when we voted 98 to 0, is an The PRESIDING OFFICER. Without time. I do not want to finish before insult to that vote and to the unity of objection, it is so ordered. Senator KYL gets here. His staff has the moment and to the words of his Mr. CRAIG. Mr. President, we are told him to get here. I guess I can talk own President, and I think he owes an now ready to proceed to continue, and about a lot of different subjects until apology to your son and to all of those hopefully within the next few hours he gets here. soldiers. finish this very important bill. Mr. CRAIG. I withdraw the UC for I yield the floor. I ask unanimous consent Senator that purpose. The PRESIDING OFFICER. The Sen- BAUCUS and Senator SCHUMER be recog- The PRESIDING OFFICER. The Sen- ator from Idaho. nized to offer amendment No. 810 and ator from New York. Mr. CRAIG. Mr. President, we are on that there be 30 minutes equally di- Mr. SCHUMER. First, Mr. President, the Energy bill at this moment and vided in the usual form; provided fur- I ask unanimous consent that fol- have put forth a unanimous consent ther that following that time the lowing my remarks Senator KYL be that moves us forward. We have a fi- amendment be temporarily set aside recognized. nite list of amendments I will work for Senator SUNUNU to offer amend- The PRESIDING OFFICER. Without ment No. 873, and that there be 30 min- objection, it is so ordered. with Senator JOHNSON on in the next utes for debate equally divided in the few minutes. We are about to do a AMENDMENT NO. 810 usual form. I further ask consent that unanimous consent. Those who have Mr. SCHUMER. Mr. President, I rise following the use or yielding back of amendments should come to the Sen- today to offer an amendment with my time, the Senate proceed to vote in re- ate so we can work out the time agree- colleague from Arizona to strike lan- lation to the amendments in the order ment as we work on the managers’ guage from this Energy bill that would offered with no second-degree amend- package. undermine years of progress toward ments in order to the amendments and The majority leader is committed to combating nuclear terrorism in an ef- with 2 minutes equally divided for clos- finishing this bill tonight. If we line fort to solve a problem that does not ing remarks prior to each vote. exist. ourselves up and move in reasonable Mr. DURBIN. Reserving the right to I want to repeat myself for the ben- order with those amendments that will object, and I will not object, but I want efit of my colleagues. By weakening need votes, we might get out of here at to establish a spot in the queue. I have existing law, section 621 of this Energy a reasonable time. Other than that we been waiting patiently for 2 days. I bill would drastically undercut efforts could be here quite late. have said on the CAFE amendment I to encourage reductions in the circula- I hope Senators who do have amend- will be more than happy to allow Sen- tion of weapons-grade uranium and to ments remaining, and we have not ators BOND and LEVIN to offer their al- defend against the specter of nuclear worked them out, can work with us as ternative amendment at the same terrorism. we finalize the unanimous consent. time, debate it at the same time, with I have often said that the prospect of I am happy to yield. an agreement on time limitation on de- a nuclear attack on America’s soil is Mr. DURBIN. I have one of those bate, but my fear is we are going to our nightmare. That is why I, like amendments. I am prepared to either drift into the night hours and drift many of my colleagues, have been so discuss it or to wait until there is some away. I don’t want that to happen. aggressive in pushing the administra- agreement as to the order, sequence, I ask if the Senator would be kind tion to install nuclear detection de- and time of debate. enough to tell me what his intention is vices in our ports, and to take other What would the Senator prefer? after we have completed these two measures to make sure that nuclear Mr. CRAIG. I ask the Senator to hold amendments. materials cannot be obtained by terror- for just a few moments until we work Mr. CRAIG. I appreciate the Sen- ists and used against us. The human, out a unanimous consent of order. We ator’s concern. He has every right to environmental, and economic impact are about there. We have two or three ask. The Senator is in the queue and on of such an attack on the United Senators ready to go. We know of your the list. We have worked out this States—any part of our dear country— concern and interest and the amend- tranche of amendments and we will would be almost unfathomable. ment to be offered. If the Senator with- now work to see when we can fit you So I urge my colleagues to con- holds for a few moments, we can do in. I would hope sooner rather than template that when they are exam- that. later. So my advice would be to stick ining what exactly the provision in the Mr. DURBIN. I thank the Senator. around. Energy bill would do. For years, we Mr. CRAIG. I suggest the absence of Mr. DURBIN. Being on the Senator’s have prohibited what this provision of a quorum. list is as safe as being in a mother’s the Energy bill would allow. The PRESIDING OFFICER. The arms. The supporters of the language claim clerk will call the roll. Mr. SCHUMER. Reserving the right that it is necessary to avert an impend- The assistant legislative clerk pro- to object, as I understand it, the proce- ing crisis in the supply of medical iso- ceeded to call the roll. dure precludes second degrees? topes used in radiopharmaceuticals. A

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7237 look at the current isotope industry veloped is incorrect, and the U.S.-de- 2006 because of incentives in the cur- raises some serious questions as to veloped LEU target ‘‘has been success- rent law. whether that is what is really going on fully irradiated, dissembled, and proc- The Department of Energy has recog- here. Isotope producers currently make essed in Indonesia, Argentina, and Aus- nized the importance of this goal and isotopes for use in radiopharma- tralia,’’ a move from HEU to LEU be- the effectiveness of the program. Sec- ceuticals and other products by taking cause of our law. retary Bodman has said we should set a mass of fissionable material, known Mr. President, I would like to be the goal of ending commercial use of as the fuel, and using it to shoot neu- clear about one thing. I do not intend weapons-grade uranium, and that the trons through another mass of fission- to trivialize in any way the plight of LEU allows great progress toward that able material; that is, the target. Reac- those suffering from illnesses overseas end. The Department of Energy’s Re- tors have traditionally used highly en- that require isotopes to treat. My col- duced Enrichment for Research and riched uranium, HEU, which can be leagues and I who support this amend- Test Reactors Program Web site states: used to make a nuclear bomb, for fuel ment take this point seriously and are This law has been very helpful in per- and targets. unequivocally supportive of making suading a number of research reactors to The Law that we enacted over 10 sure that patients can get the medicine convert to LEU. years ago, in the Energy Policy Act of they need. In fact, if current law hin- So what we have here is an effort to 1992, has encouraged reactors to shift dered the ability to get isotopes and undermine an existing program that to low-enriched uranium. And the dif- treat the sick, maybe this debate has not had a negative impact on ference is very simple. It does the same would be different. But that is not the health care and has played a role in our medically, but it cannot be used to cre- case. fight against nuclear terrorism. ate a nuclear weapon. What we do in Under existing law, medical isotope If the provision in the Energy bill present law is require that any foreign production capacity has grown to 250 does become law, make no mistake, it reactor receiving exports of United percent of demand. Let me repeat that. will create a proliferation risk. By in- States HEU, highly enriched uranium, Under present law, which the Energy creasing the amount of weapons-grade work with our Government in actively bill seeks to change, medical isotope uranium in circulation, this bill would transitioning to LEU, low-enriched production capacity has grown to 250 increase the likelihood that lost or sto- uranium, the kind that cannot be used percent of demand. len material would find its way into in bombs. It makes common sense, In addition, I repeat, no medical iso- the wrong hands. complete common sense. Why the heck tope producer has ever been denied a I know the list in this bill looks inno- would we want to encourage companies shipment of HEU as a result of the suc- cent enough with countries such as to have HEU? cessful incentivization of efforts to Canada, Germany, Belgium, the Neth- Now, the language in the Energy bill convert to LEU. erlands, and France. However, four of undoes that. After 12 years of it work- Existing law guarantees continued these countries are members of the EU ing, after 12 years of everyone getting use of HEU to produce medical isotopes and subject to the U.S.-EURATOM the medical isotopes they need, and until LEU substitutes are available, so Agreement on Nuclear Cooperation. after 12 years of moving countries long as the foreign producers cooperate Under the agreement, these nations away from HEU—highly enriched ura- on efforts to eventually convert to will not be required to inform the nium, which bombs can be made from— LEU. United States of retransfers of U.S.- to LEU, the language in the Energy For example, exports to Nordion, a supplied materials from one EURATOM bill needlessly and dangerously under- Canadian producer, have never been af- country to another, report on alter- cuts this requirement. What does it do? fected by current law, and the company ations to U.S.-supplied materials, or It exempts research reactors that which is at issue here has several inform the United States of retransfers produce medical isotopes from current years’ worth of material stockpiled at of these materials from one facility in U.S. law. soon-to-be-operating reactors. Quite one country to another facility in that As our Nation continues to fight the frankly, maybe we have given them too same country. war on terror, now is clearly the wrong much access and made them compla- As a result, HEU could end up being time to relax export restrictions on cent. Despite the efforts of the United directly sent to any of the 25 countries bomb-grade uranium and potentially States to operate in good faith and in the European Union, including those increase the demand for that material. keep supplying Nordion, this company in which the Department of Energy is By increasing the amount of HEU in has decided to resist and slow-walk the spending a considerable amount of circulation around the world, the lan- conversion process to LEU. money to remove existing HEU stock- guage in the Energy bill would create Why? Because it may inconvenience piles. an unacceptable risk by heightening them or cost them a few more dollars So to my colleagues I say, if you sup- the possibility that weapons-grade ura- in the short run. So for one company, port the language in the Energy bill, do nium could be lost or stolen and fall not an American company, we are not do it because of assurances that into the hands, God forbid, of terrorists going to increase the chances of nu- the countries the material is heading with known nuclear ambitions. clear terrorism by whatever amount to are safe. In reality—in reality—we What makes this language even more with no benefit other than to that com- do not know this and cannot control astonishing is that it creates so much pany because everyone is getting the where the material may end up. That is risk for no reward by claiming to fix a isotopes. Maybe they can save a few a terrifying thought. problem that does not exist. Sup- dollars. If they think that the Senate In conclusion, the reality of this situ- porters of the language argue we are in is willing to risk a catastrophe for ation is that terrorists do not care if danger of running out of medical iso- their convenience, they have another the weapons-grade uranium they can topes if the current law is not changed. thing coming. try to get their hands on was meant for All of the isotopes that can be pro- Existing law does not jeopardize an a military or medical purpose. All we duced with HEU can also be produced adequate supply of medical isotopes. know they care about is how they can with LEU, which has no danger to us. Instead, it has been successful in entic- use it to attack our Nation and harm And under current law, no producer has ing foreign operators to begin con- our way of life. ever been denied a shipment of the ma- verting to LEU, thereby reducing the If we learned anything from the at- terial necessary to produce isotopes. risk of proliferation. tacks on September 11, it should be Let me repeat that. No producer has The record shows that the program that we can never again afford to un- ever been denied a shipment of the ma- works. As a result of existing law, reac- derestimate the ingenuity or deter- terial necessary to produce isotopes. tors in several nations have success- mination of those who would cause us In fact, the Department of Energy’s fully instituted measures to convert to harm. Likewise, we must take every Argonne National Laboratory has de- LEU. The Petten reactor in the Nether- step to ensure that they can never lay clared that the proposition that our lands, where the major isotope maker their hands on the materials they supply of medical isotopes is in danger Mallinckrodt produces most of its iso- would need to launch an attack of mass because LEU targets have not been de- topes, will convert its fuel to LEU by destruction against the United States.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7238 CONGRESSIONAL RECORD — SENATE June 23, 2005 Mr. President, a needless risk is a nium is working with the United House language and has been there— reckless risk, and that is exactly the States cooperatively to try to get to when it is all said and done, I hope we type of risk the language in the Energy the production of these isotopes with find a way to either get the Depart- bill lays before us. I urge my colleagues low enriched uranium. That is a goal ment of Energy or somebody to begin to support the existing law that has ef- that I think everybody agrees with. We to produce low-enriched uranium in fectively combated nuclear prolifera- need to have that incentive so that this country. It is an awful policy that tion without degrading the quality of when we export this, we are exporting we still turn outside the country for health care in the United States by it to somebody that is cooperating those reactors to produce the medical voting for my amendment, along with with us. isotopes, but there is a rich history of the friendly second-degree amendment What the Energy bill did was to that. The Department of Energy has that my colleague from Arizona, I be- eliminate that requirement of coopera- looked at this since 1992. They looked lieve, will offer. tion. It is stricken from the language. at Los Alamos and using the reactors Mr. President, under the unanimous That is wrong. If we want an incentive there to begin to make low-enriched consent agreement, I now yield to my for people to continue to work with us, uranium. Then they looked at Sandia. colleague from Arizona. we have to retain the existing law’s Then they talked about privatizing The PRESIDING OFFICER. The Sen- language. That is why the Schumer Sandia. The net result was, in the year ator from Arizona. amendment is critical, to ensure that 2000, the Department of Energy came Mr. KYL. Mr. President, I thank you. we can both continue to produce these to the conclusion that they were going I think what we are going to be able to medical isotopes, but also to do so in a to disband this effort, that they agree to is that after the proponents way that does not proliferate highly couldn’t figure out how to do it. The and opponents of the Schumer amend- enriched uranium around the world. fact is, there is not a lot of profit gen- ment have concluded their debate, we The manufacturer of this product in erated from it. But this is clearly a will have an up-or-down vote on the Canada has enough of this material treatment that will grow as research- Schumer amendment. In either event, I right now to build a couple of bombs. ers find new tools for it. believe we could at that point get a In Canada that is probably OK, as long I know there is an attempt to try to unanimous consent agreement that the as they continue to cooperate with us. address a time limit here, but I am not study and report called for in the Kyl But you eliminate that requirement of sure that we can put a time limit on all second-degree amendment could be cooperation, all of us will have a real the patients in America that are rely- voted on by voice vote. problem on our hands. Were something ing on the decision we are going to But until Senator BOND is available bad to happen, each one of us would be make tonight. We would spend a lot to confirm that, we do not need to pro- responsible for that. That is the reason more time on individual health bills. pound that particular request. So we the Schumer amendment is so impor- Nuclear medicine procedures using should simply go ahead with the debate tant. medical isotopes are heart disease, can- on the underlying Schumer amend- My second-degree amendment, if it is cer, including breast, lung, prostate, ment. Given the fact that Senator agreed to, simply requires a study and thyroid and non-Hodgkin’s lymphoma, SCHUMER just spoke in favor of that, report to us about the status of the de- and brain, Grave’s disease, Parkin- let me simply take about 2 minutes to velopment of this technology, whether son’s, Alzheimer’s, epilepsy, renal fail- second what Senator SCHUMER did and it is cost beneficial and whether it is ure, bone infections. Our ability to then turn time over to an opponent of scientifically achievable. take radioisotopes and send them to an the amendment, perhaps the Senator With that, let me yield the floor to organ, where now we can see that from North Carolina. an opponent of the amendment. organ without an incision, without Mr. CRAIG. Mr. President, will the The PRESIDING OFFICER (Mr. COR- opening a person up, a noninvasive way Senator from Arizona yield? NYN). The Senator from North Caro- to determine exactly what is happening Mr. KYL. Yes. lina. in the human body and, on the oncol- Mr. CRAIG. Mr. President, as we Mr. BURR. Mr. President, I rise in ogy side, a way to treat cancers, when tried to craft the UC, we gave this opposition to the Schumer amendment. we can take the chemotherapy product issue of the Schumer amendment 30 Let me compliment Senator KYL for and send it right to where we want minutes. So I would hope we could his willingness, over the last 24 hours, those cells to be killed. keep in the spirit of 15 and 15 so we can to try to bring assurances, through I would like to submit, for the keep ourselves on track this evening. some consensus legislation, of where record, a letter from the Nuclear Regu- So the opponents would have 15 min- we both agree we need to get to, that latory Commission because they have utes, as we finish fashioning this UC. we had language that would do it. We commented on this language. I ask Mr. KYL. If I could, Mr. President, do have a slight disagreement because unanimous consent to print it in the just inquire of the manager of the bill, I believe the language that is in the RECORD. we don’t have a set 30 minutes yet, but bill does meet the move towards low- There being no objection, the mate- that is the desire; is that correct? enriched uranium. I believe that the rial was ordered to be printed in the Mr. CRAIG. We are hoping that adds health of the American public should RECORD, as follows: in. be at the forefront of our consider- U.S. NUCLEAR REGULATORY Mr. KYL. Mr. President, let me take ation. Because if, in fact, we adopt a COMMISSION, a moment to say that I totally agree policy that eliminates the availability Washington, DC, June 3, 2004. with Senator SCHUMER that we need to of radiopharmaceuticals, then we have Hon. CHRISTOPHER S. BOND, restore existing law in this area. The greatly affected the diagnostic capa- Chairman, Subcommittee on Transportation and reason is because highly enriched ura- bilities that exist, that technology has Infrastructure, Committee on Environment nium is used to build bombs. We want created over the last decade and, in and Public Works, U.S. Senate, to be very careful how we export that. many cases, the treatments for cancer. Washington, DC. In the case of the production of med- DEAR MR. CHAIRMAN: On behalf of the U.S. An interruption that happened from Nuclear Regulatory Commission (NRC), I am ical isotopes, we do need to export it even the Canadian source before meant responding to the letter of April 20, 2004, because that is all that is available that doctors were rationed on what from you and Senator Inhofe, requesting in- right now to produce medical isotopes they could receive in radiopharma- formation on the security measures em- in relatively large quantities. Low en- ceuticals. We know how fragile this is ployed by the NRC regarding the licensing riched uranium for a target for these because we are reliant on reactors out- and transport of high-enriched uranium isotopes is a process that scientifically side this country for those radio- (HEU). works. We are trying to work out pharmaceuticals. As you noted in your letter, the NRC has twice provided comments on the provision whether or not it can happen on a Senator KYL and, hopefully, Senator related to export shipments of HEU used in large-scale production basis. Current SCHUMER agree that when this is all de- medical isotope production (a letter signed law says we will continue to export cided—and I hope it is decided with the by Chairman Meserve to Representative Tau- highly enriched uranium as long as the language that the entire Energy Com- zin, dated March 31, 2003, and a letter signed recipient of that highly enriched ura- mittee worked on and what is in the by me to the members of the Conference

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7239 Committee considering the differing versions the radiopharmaceuticals used to diag- negotiated and very thoroughly vetted of H.R. 6, the ‘‘Energy Policy Act of 2003,’’ nose and treat so many diseases. We in the underlying bill that will keep us passed by the Senate and the House of Rep- are on the brink, all of us here, work- on the right track and make sure that resentatives, dated September 5, 2003). The ing hard to increase funding for the these 14 million Americans and their NRC continues to have no objections to the discovery of eliminating these diseases. provision pertaining to the export of HEU families will continue to have the ac- targets for the production of medical iso- In the meantime, being able to provide cess to these pharmaceuticals that topes by specified countries. The NRC con- the hope to those who suffer from these they need while we continue to work tinues to believe that the enactment of this diseases is so critically important. forward in the manner which we can to measure could be of benefit in ensuring the These diseases include everything make sure that all of the safety and timely supply of medical isotopes in the from heart disease to hyperthyroidism, caution that needs to be there is there, United States. Parkinson’s disease, Alzheimer’s, epi- will remain there, while we still enjoy Additional information responding to your lepsy, kidney failure, bone infection, the unbelievable technologies that specific questions is provided in the Enclo- brain cancer, lung cancer, prostate have been discovered in recent medi- sure. If you have any further questions or cancer, thyroid cancer, non-Hodgkin’s comments, please feel free to contact me. cine. Sincerely, lymphoma, and brain cancer—so many I thank the Senator from North NILS J. DIAZ. of these that plague the lives of Ameri- Carolina for yielding. I do encourage Mr. BURR. They have been con- cans who can get some relief from the my colleagues to rise in opposition to sulted. They are the agency that deter- medical treatment that is provided by the amendment so that we can go back mines whether a license is granted. It these medical isotopes. to what is in the underlying bill. I was suggested that this is some willy- At least 14 million Americans are di- think it will prove well for all of those nilly program, that anybody who wants agnosed and treated with medical iso- who suffer from many diseases that we to send highly enriched uranium out to topes each year. While I believe Amer- can treat with these medical isotopes. a reactor somewhere just simply does ica should continue in the vein of de- I yield the floor. that, and hopefully we get back radio- veloping policies consistent with our The PRESIDING OFFICER. The Sen- pharmaceuticals. That is not the case. nonproliferation goals, we must make ator from Idaho. Mr. CRAIG. Mr. President, I will at- This is a very stringent licensing pro- sure that these and future patients do tempt to offer a unanimous consent gram, where they apply to the Nuclear not lose access to the radiopharma- now that will finalize action on the Regulatory Commission. They are in- ceuticals. We cannot move forward in a Schumer amendment and move us to structed by the Atomic Energy Act as way toward nonproliferation and wrest the responsibility, not knowing full the Sununu amendment. to the process they go through, cur- I ask unanimous consent that Sen- rently in the law, that was written by well what the future might be for these patients and their needs. ator SCHUMER be recognized to offer his Senator SCHUMER in 1992. Over the I support the provision in the under- amendment No. 810 and that there be— years, the interpretation of that provi- lying bill, as was mentioned by my col- there has already been approximately sion has changed. Over the years, that league from North Carolina, that was 30 minutes of debate on this. I ask for has caused indecision at the Nuclear carefully crafted in the committee to another 30 minutes, and I would hope Regulatory Commission. take into consideration all of these that my colleagues would use it wisely It was that indecision, that vague- needs, making sure that we are recog- and judiciously or we will be here until ness in the current law that Senator nizing the sensitivity and the caution early tomorrow morning, that 30 min- SCHUMER is attempting to strike and that needs to exist and yet recognizing utes be equally divided in the usual go back to provision in law that the that the development of technologies form; provided further that following Nuclear Regulatory Commission has and new information and medical that time, the amendment be tempo- said: We don’t feel that we can success- treatments are something that are rarily set aside for Senator SUNUNU to fully make this evaluation without you vital to these 14 million Americans. offer amendment No. 873, and that clarifying the parameters you want us The provision in the underlying bill there be 30 minutes for debate equally to be in. permits the export of the highly en- divided in the usual form. I further ask So in short, we asked the Nuclear riched uranium used only for the pro- consent that following the use or yield- Regulatory Commission to write us on duction of the medical isotopes until a ing back of time, the Senate proceed to the language and asked them if it low-enriched uranium alternative is votes in relation to the amendments in cleared it up, asked them if, in fact, commercially viable and available. We the order offered, with no second-de- this gave them the proper direction know that those are also issues. We gree amendments in order to the from the Senate, from the Congress. talk about the reimportation of those amendments, and with 2 minutes This is the letter back from the Nu- isotopes, making sure that the produc- equally divided for closing remarks clear Regulatory Commission that tion of them is something that is going prior to each vote; provided further says: to continue in order to make sure that that following the vote in relation to The NRC continues to have no objections the access to these pharmaceuticals is the Schumer amendment, the Kyl to the provisions pertaining to the export of available. amendment, No. 990, as modified, be HEU targets for the production of medical This provision is balanced, it is fair, isotopes by specified countries. considered and agreed to. and it is supported by the nuclear med- Finally, Senator BOND will be allo- I know there are others anxious to icine community, including those in cated 7 minutes prior to the vote on or speak. I have so much more to say. I my home State of Arkansas. I urge my in relation to the Schumer amend- see the chairman of the bill has stood colleagues to vote against this amend- ment. That will come out of the 15 and may have a unanimous consent re- ment. Vote against it so that patients minutes allocated of the 30 for debate quest. I am not sure. But I would like do not lose their access to these very on the Schumer amendment. to see if my colleague from Arkansas is necessary drugs. The PRESIDING OFFICER. Is there prepared to speak in opposition to the I don’t know that my colleagues have objection? Schumer amendment. mentioned all of those in support of Mr. KYL. Mr. President, reserving The PRESIDING OFFICER. The Sen- this effort: The American College of the right to object, so long as the ator from Arkansas. Nuclear Physicians, the American Col- unanimous consent agreement did not Mrs. LINCOLN. Mr. President, I lege of Radiology, the American Soci- say that the last word was Senator would like to take a few moments. I ety of Nuclear Cardiology, the Council BOND. The last word is ordinarily re- rise to join the Senator from North on Radionuclides and Radiopharma- served for the proponent of the amend- Carolina in speaking in opposition to ceuticals, the National Association of ment. the Schumer amendment. I certainly Cancer Patients, the National Associa- Mr. CRAIG. That is the intent. It is am concerned that the amendment be- tion of Nuclear Pharmacies, the Nu- just to secure for Senator BOND 7 min- fore us would remove a carefully craft- clear Energy Institute, and the Society utes of debate on the Schumer amend- ed provision from the bill that seeks to of Nuclear Medicine. ment prior to the vote. ensure that Americans will maintain a We have an opportunity to stay on Mr. KYL. Further reserving the right reliable supply of medical isotopes or course with something that has been to object, would the manager of the bill

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7240 CONGRESSIONAL RECORD — SENATE June 23, 2005 at this time have an estimate—we will Yet some of my colleagues ask: Why I ask unanimous consent that 7 out temporarily lay this aside for the pres- must we ship these isotopes inter- of our 15 minutes be used right before entation of another amendment and nationally at all? Does this pose secu- the vote on the Schumer-Kyl amend- then back to this amendment and, with rity risks? ment. the 30 minutes, presumably, we would My answer: An emphatic no! The PRESIDING OFFICER. Is there be voting at about 6 o’clock, or there- Let me explain why . . . objection? abouts; is that correct? It is understandable to be concerned Without objection, it is so ordered. Mr. CRAIG. That is correct. about the shipment of enriched ura- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without nium outside of the United States. ator from Arizona is recognized. objection, it is so ordered. And, of course, I share your concern. Mr. KYL. Mr. President, I will speak Mr. CRAIG. Mr. President, I yield the But it is important to recognize that for a moment. I am responding both to floor. these shipments are safe and secure. the senior Senator from Idaho and also The U.S. Nuclear Regulatory Com- the Senator from Arkansas. The Sen- The PRESIDING OFFICER. The Sen- mission tracks and licenses all of the ator from Idaho is correct. Under exist- ator from New York is recognized. shipments for medical isotope produc- ing law, we have had numerous ship- AMENDMENT NO. 810 tion. The NRC takes its job very seri- ments since 1992, and we have been pro- Mr. SCHUMER. Mr. President, I call ously. ducing these medical isotopes, and ev- up my amendment No. 810. The shipments are carefully tracked erything has been fine. That is what The PRESIDING OFFICER. The by the NRC and corresponding agencies the Schumer amendment seeks to do— clerk will report. in Canada and Western Europe to ensure that the existing law is in The legislative clerk read as follows: throughout their journey. They are place. So that condition the Senator The Senator from New York, [Mr. SCHU- subject to the same sort of strict guide- from Idaho spoke to is precisely the MER], proposes an amendment numbered lines in these countries that they are good condition that would prevail if 810. under in the United States. the Schumer amendment is adopted Mr. SCHUMER. Mr. President, I ask Since 1971, there have been more and we return to existing law. unanimous consent that further read- than 45 million successful shipments of The problem is that an amendment ing of the amendment be dispensed radioactive materials. Shippers, State was inserted in the Energy bill in com- with. regulators, government agencies, and mittee which strikes existing law and The PRESIDING OFFICER. Without international organizations carefully eliminates the requirement that the re- objection, it is so ordered. handle and track each and every ship- cipient of this highly enriched uranium The amendment is as follows: ment—time after time. The result: The provide assurances to the United (Purpose: To strike a provision relating to isotopes can do what they are made States that it is cooperating with us to medical isotope production) for—fight deadly disease. move to a low-enriched uranium tar- Beginning on page 395, strike line 3 and all Doctors conduct 14 million proce- get. That is everybody’s goal. Nobody that follows through page 401, line 25. dures each year in the United States disagrees with that goal. Mr. SCHUMER. Mr. President, I will using medical isotopes to diagnose and But because of that amendment, we let some of the opponents speak now, treat cancer, heart disease and other would no longer have the assurance since I have spoken, unless my col- serious sicknesses. We must ensure a that we could eventually get off of highly enriched uranium—which is league from Arizona would like to reliable supply of medical isotopes so used to build nuclear bombs—and get speak. We could have some of the oppo- that doctors can carry out these proce- to low-enriched uranium. This is a pro- nents go. dures. The diagnosis and treatment of dis- liferation issue, not a medical issue. The PRESIDING OFFICER. The Sen- eases like cancer, heart disease and That is what I say to the Senator from ator from Idaho is recognized. other dreaded diseases depend on radio- Arkansas. Mr. CRAIG. Mr. President, I will therapy using medical isotopes. Doc- There is no suggestion that there is speak very briefly in opposition to the tors and patients depend on a stable going to be any lack of medical treat- Schumer amendment. supply of medical isotopes. ment as a result of the existing law. Since 1971, there have been more That supply depends on the assur- Since 1992, we have had medical iso- than 45 million successful shipments of ance that these isotopes are trans- topes available for treatment, and we radioactive materials. And the Nuclear ported safely and securely. And they are going to have them available in the Regulatory Commission tracks and li- are. But the NRC must have the tools future. There is nothing in existing law censes all of these statements of med- it needs to carry out its mission. that takes away from that. There is an ical isotope production. The NRC takes This bill before us today helps the attempt by somebody to scare people its job very seriously. This is a phe- NRC to effectively license these ship- into believing that somehow or another nomenally safe track record that we ments so that supply of medical iso- the existing law—in effect since 1992— are involved in. topes is there when we need them. is somehow going to result in a lack of My colleagues from North Carolina I urge my colleagues to support this medical isotopes. That is false, and it and Arkansas have talked of the tre- important and timely legislation as is pernicious. Whoever is trying to mendous importance of being able to written, to insure a reliable supply of spread this notion should not do that have adequate supplies of radioiso- isotopes to help treat and diagnose because it will scare people into think- topes. Doctors conduct 14 million pro- heart disease; cancer, including breast, ing there are not going to be medical cedures each year in the United States lung, prostate, thyroid cancer, Non- isotopes available for treatment. Noth- using medical isotopes to diagnose and Hodgkin’s Lymphoma, and brain; ing could be further from the truth. treat cancer, heart disease, and other Grave’s Disease (hyperthyroidism); Oc- Existing law has worked. Not once has serious sicknesses. The Senator from cult infection (in AIDS); Parkinson’s an export license been denied. So let’s North Carolina has clearly laid out Disease; Alzheimer’s Disease; Epilepsy; forget this scare tactic. We are going why this language is in this bill, and it Renal (kidney) Failure; and Bone Infec- to have the medical isotopes that we is important. tions. need. Mr. President, hundreds, of thou- I yield the floor and ask my col- The real question here is prolifera- sands of Americans depend on medical leagues to oppose the Schumer amend- tion. We have had a law that has isotopes to diagnose and treat life- ment. worked very well since 1992. We are threatening diseases. The PRESIDING OFFICER. The Sen- trying to move toward low-enriched It is also a fact that we do not ator from New York is recognized. uranium. Listen to what the Secretary produce these isotopes in the United Mr. SCHUMER. Mr. President, I was of Energy has had to say about this. In States. We must ship enriched uranium not on the floor when the unanimous a speech delivered on April 5, Secretary to producers in Canada and Western consent request was proposed. It is not Samuel Bodman said: Europe that produce the isotopes and typical to have 7 minutes on the other We should set a goal of working to end the return them to hospitals in the United side and only 1 for us right before the commercial use of highly enriched uranium States. amendment. in research reactors.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7241 The availability today of advanced, high- question is asked, Who asked for fifth most common cancer in the density low enriched uranium fuels allows change? the answer is simple: The Nu- United States. According to the Amer- great progress toward this goal. clear Regulatory Commission. This is ican Cancer Society, approximately The Department of Energy’s Reduced En- richment for Research and Test Reactors with over 10 years of working with the 56,000 new cases of non-Hodgkins program Web site states: current language. And as time has gone lymphoma will be diagnosed in the This law has been very helpful in per- on and technology has changed, and as year 2005. The voice of proliferation, suading a number of research reactors to the requirement for the size of what we Alan Kuperman, of the Nuclear Control convert to LEU. needed in radioisotopes has changed, it Institute, said this about the language That is existing law, which we want was the Nuclear Regulatory Commis- that is currently in the Energy bill: to retain. Why would we want to strike sion that, in fact, suggested they need- This provision is not controversial and, the one provision in existing law that ed Congress’s help. thus, likely to remain in the energy bill helps us to achieve this goal? The pro- Let me address the last fact Senator when and if it is enacted. vision that says that the recipient of KYL brought up. One, only Argentina He went on to say: this highly enriched uranium has to currently produces medical isotopes Ironically, an amendment originally draft- provide assurances to the United using LEU target technology, which is ed to pave the way for continued HEU ex- States that it is cooperating with us unable to even meet the current needs ports [which is his interpretation, not that in Argentina medical community. In- of the committee] for isotope production toward this goal—something is going may have the unintended consequences of on here, Mr. President, and it is not donesia has ceased any further testing terminating them. of the U.S.-developed LEU through the good. That is exactly the opposite of what Let me also say, with regard to this technical obstacles. We all want low- those who suggest the need for this myth about the lack of medical iso- enriched uranium. After this is over, I amendment is. Even the person who is topes, the fact is that DOE’s Argonne hope this body will take on that chal- the most outspoken in this country National Laboratory characterized this lenge, the challenge of domestically says: You know what. What the Energy very claim as a ‘‘myth,’’ adding that producing medical isotopes and the De- Committee has done will force us into the U.S.-developed low-enriched ura- partment of Energy will probably have the use of low-enriched uranium. nium foil target ‘‘has been successfully a hold of the tiger that we give them In fact, this tells me from the person irradiated, disassembled, and processed when we instruct the Department to go who is the most outspoken that our in Indonesia, Argentina, and Aus- back to what they dropped in 2000, committee has done exactly what we tralia.’’ Furthermore, HEU exports for after they have reviewed it, and look at attempted to do. We have written ex- use as targets in medical isotope pro- our reactors here and how we accom- actly the right language. duction are not prohibited under cur- plish production, whether we can make Without a secure and permanent sup- rent law, and no such export has ever money at it or not. ply of medical isotopes, it is unlikely been denied under that law, as I said. I want to go back to health, though. that new nuclear medicine procedures Current law is intended to encourage Some have suggested that health is not will be researched or developed. If, in conversion to low-enriched uranium, important. Health is important. I list fact, we suggest we will cut off this which can’t be used to make nuclear it up here on the chart. Annually, over source, why would any researcher bombs. But in no way does it prohibit 14 million nuclear medicine procedures around this country look at how to fur- the export of highly enriched uranium. are performed in the United States ther what they can do with medical We are not at the technological stage that require medical isotopes manufac- isotopes? where we can mass produce through tured from highly enriched uranium. My colleague from Arkansas stated it low-enriched uranium. Patients and doctors in the United very well. This is not just Members of The bottom line is this: Current law States are 100 percent reliant on the the Senate who are suggesting we have has been working, as the Senator from import of medical isotopes that are read the language and it is right; it is Idaho so eloquently noted. It provides used with highly enriched uranium. the American College of Nuclear Physi- the medical isotopes we need. No ex- That is a fact. Every day, over 20,000 cians, the American College of Radi- port license has ever been denied. Re- patients undergo procedures that use ology, the American Society of Nuclear cently, the Secretary of Energy made radiopharmaceuticals developed to di- Cardiology—and the list goes on. Every the point that we are trying to convert, agnose coronary artery disease and as- Member can see it. Can this many eventually, to low-enriched uranium, sist in assessing patient risk for major health care professionals be wrong? and the current law that requires re- cardiac-related deaths, such as strokes. Separate this, as Senator KYL sug- cipients of highly enriched uranium to This is not just what we treat; this is gested. This is a proliferation issue, work with us toward that goal has what we prevent from happening and it is a health issue. As to the worked very well toward this end. through this diagnostic tool. The CDC health issue, I do not think anybody Why would we eliminate that re- estimates that 61 million Americans— questions the value of this product for quirement of cooperation, when we are almost one-fourth of the U.S. popu- the health of the American people. trying to make sure that this highly lation—lives with the effects of stroke There is no better gold standard on enriched uranium doesn’t proliferate or heart disease, and heart disease is deciding whether an application or li- around the globe? As I said, a company the leading cause of disability among cense should be approved than the Nu- in Canada that is currently working working adults. clear Regulatory Commission. The Nu- with us has enough of this stuff for two Medical isotopes are one of the tools clear Regulatory Commission is still in bombs. It would not be a good idea for used to diagnose and treat many forms charge of this process. That has not us to allow further proliferation of of cancer, as we have listed. Medical changed. It will not change. If it is a highly enriched uranium around the isotopes are also used to help manage national security risk, it will not just world when we are concerned about pain in cancer patients, such as de- be the Nuclear Regulatory Commission terrorists getting a hold of a nuclear creasing the need for pain medication that screams, it will be the Govern- weapon. Let’s keep the law in place. I when cancer spreads or metastasizes to ment—the House and Senate, the urge my colleagues to support the the bone. Thyroid cancer. Radio- White House—that screams. Schumer amendment. pharmaceuticals are used to diagnose The PRESIDING OFFICER. There is The PRESIDING OFFICER. The Sen- and treat thyroid disorders and cancer 7 minutes remaining to the opposition ator from North Carolina is recognized. which, according to the American Can- which has been allocated to Senator Mr. BURR. Mr. President, I have all cer Society, is one of the few cancers BOND. the respect in the world for my col- where the incident rate is increasing. Mr. BURR. Mr. President, I want to league, Senator KYL. I think it is rea- Mr. President, we are talking about maintain the 7 minutes for Senator sonable in life that two people can dis- dealing with real health problems that BOND. I thank Senator KYL for the gra- agree on what something says. are on the rise, and technology can cious way we tried to negotiate. I In this particular case, an entire come up with new treatments. But that think it is unfortunate that we have committee looked at it, the Nuclear treatment is held in limbo until we de- not. I urge Senators to defeat this Regulatory Commission. When the cide. Non-Hodgkins lymphoma is the amendment. Protect the patients.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7242 CONGRESSIONAL RECORD — SENATE June 23, 2005 Mr. CRAIG. Mr. President, how much able standard, it does not jeopardize our sup- rials from one facility in one country to an- of that time remains of the window of ply, and it is, as intended, encouraging con- other facility in that same country. As a re- 7 minutes for the Schumer side? version. sult, HEU could end up being indirectly sent The PRESIDING OFFICER. There is Senator SCHUMER plans to offer a first de- to any of the 25 countries in the European gree amendment to strike section 621. Sen- Union including those in which the Depart- 10 minutes remaining on the Schumer ator KYL will second degree his amendment ment of Energy is spending a considerable side. with a requirement for a study. The ration- amount of money to remove existing HEU Mr. CRAIG. A total of 10. ale is that it is prudent to conduct a com- stockpiles. Mr. KYL. Mr. President, let me use prehensive study before we even consider Myth: Existing law has not been effective part of that 3 minutes right now to ask lifting the restrictions, as opposed to after in decreasing the risk of proliferation. unanimous consent to print in the lifting them, as the Energy bill language Fact: As a result of existing law, reactors would do. in several nations have successfully insti- RECORD a statement and a letter from tuted measures to convert to LEU. For ex- the Physicians for Social Responsi- ample, the Petten reactor in the Nether- MEDICAL ISOTOPE PRODUCTION: MYTHS AND bility, dated June 20, 2005. I ask unani- lands, where the major isotope maker FACTS mous consent that this material be Mallinckrodt produces most of its isotopes, printed in the RECORD. Myth: Our supply of medical isotopes is in will convert its fuel to LEU by 2006 because There being no objection, the mate- danger because LEU targets have not been of incentives in the existing law. The Depart- developed, and an adequate supply of med- rial was ordered to be printed in the ment of Energy’s Reduced Enrichment for ical isotopes cannot be produced with LEU. Research and Test Reactors program website RECORD, as follows: Fact: The Department of Energy’s Argonne states, ‘‘This law has been very helpful in STOP THE PROLIFERATION OF WEAPONS-GRADE National Laboratory characterizes this persuading a number of research reactors to URANIUM claim as a ‘‘myth,’’ adding that the US-de- convert to LEU.’’ SUPPORT THE SCHUMER AND KYL AMENDMENTS veloped, LEU foil target ‘‘has been success- TO THE ENERGY BILL fully irradiated, disassembled, and processed PHYSICIANS FOR Senator SCHUMER and Senator KYL intend in Indonesia, Argentina, and Australia.’’ SOCIAL RESPONSIBILITY, to offer amendments (Amendments 810 and Furthermore, HEU exports for use as targets Washington, DC, June 20, 2005. 990, respectively) to the Energy Bill to elimi- in medical isotope production are not pro- U.S. Senate, nate language that would undermine U,S. ef- hibited under current law, and no such ex- Washington, DC. forts to encourage reductions in the circula- port has ever been denied under that law. DEAR SENATOR: Physicians for Social Re- tion of weapons grade uranium. Senators Current law is intended to encourage conver- sponsibility (PSR), representing 30,000 physi- SCHUMER and KYL urge their colleagues to sion to low-enriched uranium, which cannot cians and health professionals nationwide, is support these amendments, which will main- be used to make a nuclear bomb. It is work- writing to urge you to reject a provision in tain current restrictions on the export of ing without jeopardizing our supply of med- the Energy Policy Act of 2005 (Section 621 of bomb-grade uranium and reduce the possi- ical isotopes. the nuclear title, ‘‘Medical Isotope Produc- bility that nuclear material will wind up in Myth: Section 621 has broad agency sup- tion’’) that would seriously weaken export terrorists’ hands. port. controls on highly enriched uranium (HEU), Isotope producers currently make isotopes Fact: The fact is that the United States the easiest material for terrorists to use to for use in radiopharmaceuticals and other has a long-established policy of reducing make a nuclear bomb. As physicians and products by taking a mass of fissionable ma- HEU exports. In a speech delivered on April health care professionals, we support the use terial, known as fuel, and using it to shoot 5th, Secretary of Energy Bodman stated, of medical isotopes, but this legislation is neutrons through another mass of fissionable ‘‘We should set a goal of working to end the not necessary to ensure the supply of med- material, the target. Reactors have tradi- commercial use of highly enriched uranium ical isotopes to U.S. hospitals and clinics. We tionally used highly enriched uranium in research reactors. The availability today urge you to support instead the amendment (HEU), which can be used to make a nuclear of advanced, high-density low-enriched ura- offered by Senators Chuck Schumer (D–NY) bomb, for fuel and targets. Language in the nium fuels allows great progress toward this and Jon Kyl (R–AZ), which would retain cur- Energy Policy Act of 1992 has encouraged re- goal.’’ The Department of Energy’s Reduced rent HEU export control provisions. Under existing law, medical isotope pro- actors to shift to low-enriched uranium Enrichment for Research and Test Reactors duction capacity has grown to 250 percent of (LEU), which cannot be used to create a nu- program website states, ‘‘This law has been demand. In addition, no medical isotope pro- clear weapon, by requiring any foreign reac- very helpful in persuading a number of re- ducer has ever been denied a shipment of tor receiving exports of U.S. HEU to work search reactors to convert to LEU.’’ HEU as a result of the successful incen- with the United States in actively Myth: Existing law needs to be weakened tivization of efforts to convert to LEU. The transitioning to LEU. to ensure a reliable supply of medical iso- Schumer-Kyl amendment would guarantee Section 621 of the Energy Bill dangerously topes for use in medical procedures. continued use of HEU to produce medical undercuts this requirement by exempting re- Fact: Under existing law, medical isotope isotopes until LEU substitutes are available, search reactors that produce medical iso- production capacity has grown to 250% of de- so long as foreign producers cooperate on ef- topes from current U.S. law. It would weak- mand. In addition, no medical isotope pro- forts to eventually convert to LEU when pos- en efforts to reduce the amount of weapons- ducer has ever been denied a shipment of sible. For example exports to Nordion, a Ca- grade uranium in circulation around the HEU as a result of the successful nadian producer, have never been affected by world and reward producers that have been incentivization of efforts to convert to LEU. current law and the company has several- The Schumer-Kyl amendments would guar- most resistant to complying with U.S. law. years worth of material stockpiled at soon- antee continued use of HEU to produce med- It would do so by allowing facilities to avoid to-be-operating reactors. ever having to move to an LEU ‘‘target’’, ical isotopes until LEU substitutes are avail- Moreover, there is no shortage of medical even if it is technically and economically able, so long as foreign producers cooperate isotopes. An April 2005 paper entitled ‘‘Pro- feasible to do so. This is in direct contradic- on efforts to eventually convert to LEU duction of Mo–99 in Europe: Status and Per- tion to Secretary of Energy Bodman’s call to when possible. For example exports to spectives,’’ by Henri Bonet and Bernard ‘‘set a goal of working to end the commercial Nordion, a Canadian producer, have never David of IRE, a major producer of medical use of highly enriched uranium in research been affected by current law and the com- isotopes, reports both ‘‘current production’’ reactors.’’ pany has several-years worth of material and ‘‘peak capacity’’ production by the As our nation continues to fight the War stockpiled at soon-to-be-operating reactors. major isotope producers at the major reac- on Terror, now is clearly the wrong time to Myth: Weakening existing law will not cre- tors used for isotope production. Nordion’s relax export restrictions on bomb-grade ura- ate a proliferation risk. current production is 40 percent of current nium and potentially increase the demand Fact: Weakening existing law will increase world demand. The firms IRE and for that material. Not only does the lan- the amount of HEU in circulation and the Mallinckrodt (Tyco-Healthcare), at Petten guage in the Energy bill pose a threat to na- frequency with which it is transported, re- and BR–2, together currently produce 39 per- tional security, it seeks to fix a problem that sulting in a greater proliferation risk of loss cent of current world demand. But their does not exist. Supporters of the language or theft. For example, Section 621 exempts peak capacity production is 85 percent of argue that we are in danger of running out of five countries from current law restrictions, current world demand. That means that IRE medical isotopes if current law is not including four members of the European and Mallinckrodt, by themselves, could more changed. No producer has ever been denied Union. These four nations would be subject than replace Nordion’s entire current pro- an export license for HEU to be used in med- to the requirements of the U.S.-EURATOM duction. ical isotope production because of the re- Agreement on Nuclear Cooperation. Under In addition, the Safari reactor in South Af- strictions in the 1992 Energy Policy Act. In- the EURATOM agreement, EURATOM coun- rica currently produces 10 percent of current deed, all that a facility must do to continue tries are not required to inform the U.S. of world demand. But its peak capacity is 45 to receive these exports is work in good faith retransfers of U.S.-supplied materials from percent of current world demand. That with the United States on eventual conver- one EURATOM country to another, report on means that the South African reactor, by sion to LEU when it is technically and eco- alterations to U.S.-supplied materials, or in- itself, could almost entirely replace nomically feasible. This is not an unreason- form the U.S. of retransfers of these mate- Nordion’s entire current production.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7243 A final illustrative statistic is that world- foreseen by current law. Worldwide, such iso- conversion in good faith, as required by the wide peak capacity production today is 250 tope production now annually requires some Schumer amendment as a condition for in- percent of current world demand. So, we do 50–100 kg of fresh HEU, sufficient for at least terim exports of HEU. In 1990, Atomic En- indeed have a surplus of production capacity. one nuclear weapon of a simple design, or ergy Canada, Ltd. (from which Nordion was Worldwide production capacity is more than several of a more sophisticated design. (Each spun off) pledged to develop an LEU target twice worldwide demand. of the world’s major isotope production fa- by 1998 and to ‘‘phase out HEU use by 2000.’’ There is therefore absolutely no need to cilities already requires annually about 20 kg Nordion and AECL failed to meet this target. put Americans at risk of nuclear terrorist of fresh HEU.) If conversion to LEU is de- During the last few years, to qualify for ad- attack by loosening rules on international railed, the annual amount of HEU needed for ditional HEU exports, Nordion repeatedly shipments of HEU. We would gain nothing isotope production is likely to grow in step has pledged to cooperate with the United from repealing the Schumer Amendment but with the rising demand for isotopes. More- States on conversion. However, Nordion an increased proliferation threat. over, after the HEU targets are used and stopped engaging in such cooperation more Existing law limiting U.S. HEU exports processed, the uranium waste remains highly than a year ago. (Section 134 of the Atomic Energy Act, enriched (exceeding 90 percent), and cools The Schumer Amendment will never lead known popularly as the Schumer amend- quickly, so that within a year the remaining to an interruption in Nordion’s ability to ment) has been on the books for more than a HEU is no longer ‘‘self-protecting’’ against produce isotopes unless Nordion aggressively decade, and there is no evidence that it has terrorist theft. Thus, substantial amounts of refuses to cooperate with U.S. policies de- interfered in any way with the supply of weapon-usable HEU waste accumulate at iso- signed to prevent terrorists from acquiring medical isotopes in the past, or that it will tope production sites, presenting yet another the essential ingredients of nuclear weapons. suddenly begin to do so in the future. The vulnerable and attractive target for terror- No company has a perpetual entitlement to law as it stands allows continued export of ists. U.S. bomb-grade uranium, and any such ex- HEU to producers of medical isotopes, as Contrary to its stated intent, section 621 ports should be reserved for recipients who long as they agree to convert to low-enriched would do nothing to ensure the supply of cooperate with U.S. law intended to prevent uranium (which cannot be used as the core of medical isotopes to the United States be- nuclear proliferation and nuclear terrorism. a nuclear bomb) when it becomes technically cause that supply is not currently endan- During the past 25 years, an international and economically possible to do so, and to gered by restrictions on exports of HEU. The effort led by the U.S. has succeeded at sharp- cooperate with the United States to bring United States now gets most of its medical ly reducing civilian HEU commerce. In 1978, that day closer. We strongly believe that isotopes from the Canadian supplier Nordion, the U.S. created the Reduced Enrichment for this law has served our country well for which still produces such isotopes at its Research and Test Reactors (RERTR) pro- more than ten years, drastically reducing aging NRU reactor and associated processing gram at Argonne National Laboratory. In commerce in potential bomb material while plant. The Schumer Amendment does not 1980, the UN endorsed the conversion of ex- ensuring continued supplies of needed medi- block continued export of HEU for isotope isting reactors in its International Nuclear cines, and that this is the right policy to production at this facility prior to its im- Fuel Cycle Evaluation. In 1986, the NRC or- maintain for the future. This law directly pending shutdown. In addition, Nordion has dered the phase-out of HEU at licensed fa- supports the call of Energy Secretary Sam- stockpiled four years’ worth of HEU targets cilities. Also in 1986, the RERTR program uel Bodman, made in a speech on April 5, to specially designed for its new isotope produc- began work on converting isotope produc- ‘‘set a goal of working to end the commercial tion facility, which is scheduled to com- tion. And in 1992, the Schumer amendment use of highly enriched uranium in research mence commercial operation soon. Even in was enacted. All of these far-sighted efforts reactors.’’ the unexpected circumstance that Nordion’s were undertaken well in advance of the con- The purpose of Schumer amendment was isotope production were to cease, the United crete manifestation of the terrorist intent to to phase out HEU exports in order to reduce States could turn to alternate suppliers in wreak mass destruction that our country ex- the risk of this material being stolen by ter- the Netherlands, Belgium, and South Africa perienced on September 11, 2001. For Con- rorists or diverted by proliferating states for that currently enjoy excess production ca- gress now to undermine this longstanding nuclear weapons production. The law bars pacity. U.S. effort to prevent nuclear terrorism flies export of HEU for use as reactor fuel or as We wish to underscore that the existing in the face of the Bush Administration’s targets to produce medical isotopes, except law does not discriminate against Canada or stated determination to protect our country on an interim basis to facilities that are ac- any other foreign producer. Indeed, in 1986, from weapons of mass destruction. tively pursuing conversion to low-enriched the U.S. Nuclear Regulatory Commission For over forty years PSR physicians have uranium (LEU), a material that, unlike (NRC) ordered all domestic, licensed nuclear dedicated themselves to protecting public HEU, cannot be used to make a Hiroshima- research reactors to convert from HEU to health and opposing spread of nuclear weap- type bomb. Because the United States has LEU fuel as soon as suitable LEU fuel for ons and material. We strongly oppose cur- been the primary world supplier of HEU, the their use became available. The NRC recog- rent efforts to repeal part of the Schumer law provides a strong incentive for reactor nized that prevention of theft and diversion Amendment to relax export controls on nu- operators and isotope producers to convert of HEU from civilian facilities cannot be as- clear-weapon grade material because be be- their operations from HEU to LEU. The law sured by physical protection and safeguards lieve that rather than ensuring the supply of does not impose an unreasonable burden on alone, but rather requires a phase-out of medical isotopes, the main effect of section isotope producers and indeed exempts them HEU commerce. The Schumer Amendment 621 would be to perpetuate dangerous com- if conversion would result in ‘‘a large per- applied the same standard to foreign opera- merce in bomb-grade uranium and increase centage increase in the total cost of oper- tors. the risk that this material will find its way ating the reactor.’’ Supporters of the new legislation, like the into terrorist hands. We urge you to support This is entirely in line with administration Burr Amendment before it, such as the the amendment offered by Senators Schumer policy. President Bush has repeatedly said American College of Nuclear Physicians, and Kyl, maintaining important prolifera- that the deadliest threat facing the United have argued erroneously that the Schumer tion controls and safeguarding the medical States is that of terrorists armed with nu- Amendment ‘‘was not drafted with medical isotope needs of Americans. clear weapons. Repealing the Schumer uses of HEU in mind.’’ In fact, the approxi- Thank you for your attention to this im- amendment would make access to HEU easi- mately 500-word Schumer Amendment uses portant national security matter. PSR phy- er, and thus a terrorist nuclear attack on an the word ‘‘target’’ nine times. Targets, in sicians stand ready to provide further infor- American city more likely. It is further like- distinction to ‘‘fuel,’’ are used exclusively mation upon request. ly that countries such as Latvia, Poland and for the production of medical isotopes. Thus, Sincerely, Hungary would be allowed to receive retrans- it is readily apparent that the current law JOHN O. PASTORE M.D. fers of U.S. HEU, despite holding poorly safe- was drafted explicitly to include the HEU President, guarded stocks of this material already. targets that are used in medical isotope pro- President Physicians for Social Responsibility. Once this material gets into the hands of ter- duction. ROBERT K. MUSIL, PH.D., MPH, rorists, it is a relatively simple task to We also wish to underscore that conversion Executive Director and CEO, produce a crude nuclear weapon that could of isotope production from HEU to LEU is Physicians for Social Responsibility. kill hundreds of thousands of people if ex- technically and economically feasible. Aus- ploded in a major city. It makes no sense to tralia has produced medical isotopes using Mr. KYL. Mr. President, I will quote take action that would not make our med- LEU for years. According to Argonne Na- a couple lines from this letter. I appre- ical isotope supply more secure, but would tional Laboratory, the main consequence of ciate the comments of my colleague increase the terrorist threat to our cities. Nordion converting from HEU to LEU would from North Carolina. I am tempted—I The legislation on which you are about to be to increase its waste volume by about ten do not know if he is a poker player—to vote would eliminate the Schumer amend- percent. That is a small price to pay to use that old phrase, ‘‘I will see you one ment’s legal restriction on supply of HEU to eliminate the risk that this material could and call you here,’’ talking about the the main producers of medical isotopes and be stolen by terrorists and used to build nu- number of people who are supportive. thereby dramatically reduce their incentives clear weapons. to convert from HEU to LEU. The likely re- The main obstacle to Nordion converting We have a letter from 30,000 physicians. sult would be perpetual use of HEU by these its production process from HEU to LEU has That letter is in the RECORD and I will isotope producers instead of the phase-out been the company’s refusal to pursue such quote from it briefly.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7244 CONGRESSIONAL RECORD — SENATE June 23, 2005 The Physicians for Social Responsi- The Senator from New Hampshire. event of a default or it could take over a bility, representing 30,000 physicians AMENDMENT NO. 873 loan and make payments on behalf of the borrowers. and health professionals nationwide, is Mr. SUNUNU. Mr. President, I call up writing to urge support for the Schu- amendment No. 873. These are private sector borrowers. mer amendment and opposition to the The PRESIDING OFFICER. The Such payments could result in the Depart- language supported by the Senator clerk will report. ment of Energy— from North Carolina. The legislative clerk read as follows: That is the Federal Government and As noted, the letter says: The Senator from New Hampshire [Mr. the taxpayers— As physicians and health care profes- Sununu], for himself and Mr. WYDEN, pro- effectively providing a direct loan with as sionals, we support the use of medical iso- poses an amendment numbered 873. much as a 100-percent subsidy rate. topes, but this legislation— Mr. SUNUNU. Mr. President, I ask That just is not sound economic pol- Meaning the legislation in the En- unanimous consent that the reading of icy. The administration, through its ergy bill— the amendment be dispensed with. budget office, states that ‘‘the adminis- is not necessary to ensure the supply of med- The PRESIDING OFFICER. Without tration is concerned about the poten- ical isotopes to U.S. hospitals and clinics. objection, it is so ordered. tial cost of the bill’s new Department Under existing law, medical isotope pro- The amendment is as follows: of Energy programs to provide 100 per- duction capacity has grown to 250 percent of cent federally guaranteed loans for a demand. In addition, no medical isotope pro- (Purpose: To strike the title relating to ducer has ever been denied a shipment of incentives for innovative technologies) wide range of commercial or near com- HEU as a result of the successful Beginning on page 756, strike line 1 and all mercial technologies.’’ incentivization of efforts to convert to LEU. that follows through page 768, line 20. Therein lies the heart of the problem. The Schumer-Kyl amendment would guar- Mr. SUNUNU. Mr. President, I am We are subsidizing, providing loan antee continued use of HEU to produce med- pleased to offer this amendment on be- guarantees for privately owned and op- ical isotopes until LEU substitutes are avail- half of myself and Senator WYDEN. This erated and profitable powerplants, able, so long as foreign producers cooperate is a very comprehensive energy bill. As whether coal or nuclear or renewable on efforts to eventually convert to LEU energy. It is not sound economic pol- when possible. I have said before on this floor and out- side this Chamber, I think it is prob- icy. Our amendment simply strikes It makes the point that under exist- ably much too comprehensive an en- this portion of the bill. ing law, we have all the medical iso- ergy bill; there is too much in it; it is There is still $11 billion in tax sub- topes we need, but we also have some- too large; it spends too much money. sidies to every conceivable kind of en- thing else. We have assurances from There are authorizations. There is ergy production. There is still an 8-bil- these producers that they are working mandatory spending. We, unfortu- lion-gallon mandate to purchase eth- with the United States to eventually nately, voted to waive the budget limi- anol and it still contains a taxpayer try to move away from using highly tations in our budget resolution earlier subsidy for ethanol. This does not enriched uranium, which makes nu- today. There is an $11 billion tax pack- touch the electricity title. It does not clear bombs, and move instead to low- touch the authorization for the clean age that creates all manner of incen- enriched uranium, when that is pos- coal technologies or fossil fuel research tives and subsidies for producing en- sible. and development or other areas in the ergy. The essence of the Schumer amend- bill that provide subsidies to successful It is time that we exercise just a lit- ment is to retain that law because the private companies. We are just trying tle bit of restraint, and the amendment language that is in the bill right now to target this loan guarantee which I offer this afternoon with Senator eliminates that requirement of assur- just does not make any sense. It would WYDEN would do just that in one par- ances. Why on Earth would we want to be a new program. It is a terrible prece- ticular area, and that is in the area of do that? dent, putting the taxpayers on the loan guarantees for building new pow- I urge my colleagues to support the hook for billion-dollar loans to success- erplants. Schumer amendment. I simply note ful private profitable corporations. that if there is any confusion, after the We need a competitive energy sector I urge my colleagues to support this Schumer amendment is dispensed with, including nuclear power, coal, gas, hy- amendment. It is supported by a num- the Kyl second-degree amendment will droelectric, solar, and wind. And we ber of taxpayer groups concerned about be automatically voted on or adopted, should do everything possible to estab- the size and scope of Government— and that provides for a study and a re- lish a competitive marketplace that Taxpayers for Common Sense and Na- port to the Congress on the status of avoids trying to pick winners and los- tional Taxpayers Union. It also is sup- this situation so that instead of having ers in that energy production market- ported by the Sierra Club and a host of competing claims by all of us, we will place. Unfortunately, in too many other environmental groups that are have a report upon which I think we areas, this bill fails to do so. focused on good environmental policy can all rely to help guide us in the fu- In particular, this title provides loan as well as good energy policy. ture. In the meantime, it seems to me guarantees—taxpayer subsidized loan I reserve the remainder of our time. only to make sense to keep current law guarantees—for building new privately The PRESIDING OFFICER. The Sen- in effect. owned powerplants. That simply is not ator from Tennessee. Mr. President, might I inquire if sound economic policy, sound fiscal Mr. ALEXANDER. Mr. President, I there is more than 7 minutes remain- policy, or sound energy policy. They urge our colleagues to reject the ing on the Schumer side? could be coal plants. They could be nu- Sununu-Wyden bill and support the The PRESIDING OFFICER. There is clear plants. They could be renewable Domenici-Bingaman bill. The provision precisely 7 minutes remaining on the energy plants. the Senator seeks to strike is one of Schumer side. Over the course of the 5-year author- the most innovative and one of the cru- Mr. KYL. I leave it to the manager at ization in this bill, the Congressional cially important parts of the legisla- this point to determine what to do. Budget Office estimates that nearly $4 tion. As I will explain in a minute, it is Mr. CRAIG. Mr. President, I ask, con- billion worth of loan guarantees will be not a free ride, and it costs the Govern- sistent with the unanimous consent re- offered at a cost to the taxpayers of ment nothing. It scores at 0. It is con- quest, that we set the Schumer amend- $400 million. But the potential cost structed in conformance with the Fed- ment aside for consideration of the could be much higher because the Fed- eral Credit Reform Act. Sununu amendment. eral Government and the taxpayers Let me explain the amendment and, The PRESIDING OFFICER. Without would be on the hook for the full sub- in doing so, I am doing it on behalf of objection, it is so ordered. sidy, the full cost of those loans. the chairman of the committee, Sen- Mr. CRAIG. The Sununu amendment The Congressional Budget Office says ator DOMENICI. This is his idea. It is an has 30 minutes equally divided allotted the following in their report on the En- idea to help us jump-start legislation under the unanimous consent agree- ergy bill: which we have probably come to think ment. Under the bill, the Department of Energy of as a clean energy bill, as a bill which The PRESIDING OFFICER. That is could sell, manage, or hire contractors to transforms the way we produce elec- correct. take over a facility to recoup losses in the tricity in the United States, puts us on

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7245 a path toward low-carbon and no-car- and the technology has to be new or The PRESIDING OFFICER. The Sen- bon electricity, and involves, in doing significantly improved over what is ator from New Hampshire has 81⁄2 min- so, using a number of new technologies, available today in the marketplace. utes; the time in opposition is 91⁄2 min- technologies that are not yet commer- In addition, this is not a free ride. utes. cially proven. The guarantees can only be for 80 per- Mr. CRAIG. I thank the Chair. For example, in our legislation, the cent of the cost of the project. The de- The PRESIDING OFFICER. The Sen- Domenici-Bingham clean energy legis- velopers will share the risk. ator from Oregon. lation, we talk about more efficient More important, the program is con- Mr. WYDEN. I ask unanimous con- coal plants. We talk about carbon se- structed in accordance with the Fed- sent to speak for up to 5 minutes and questration, a technology which has eral Credit Reform Act and it costs the then allow my friend and colleague to not yet been fully demonstrated. We Government nothing. In every case, the conclude on behalf of the Sununu- talk about advanced nuclear plants, cost of the guarantee has to be paid in Wyden amendment. plants that are of the next generation advance. It could be done through ap- The PRESIDING OFFICER. Does the of nuclear plants. We talk about new propriations, but that would have to be Senator from New Hampshire yield 5 forms of solar. Solar has a very limited decided each time. But in most cases it minutes? use in the United States, but there is will be done because the project spon- Mr. SUNUNU. I yield 5 minutes to some exciting new technology there. sors will simply write a check to the the Senator from Oregon. We talk about new biomass and hybrid Federal Treasury before the guarantee Mr. WYDEN. Mr. President, I rise in cars, a technology which is just begin- is issued. These payments are cal- support of the Sununu-Wyden amend- ning to emerge. culated based upon the risk that any ment to strike the so-called incentives One of the largest and most impor- one of the guaranteed loans might go title of this legislation because I be- tant of these new technologies is what into default—that always could hap- lieve this title is a blank check for we call IGCC, or clean coal gasifi- pen—so that the amount collected will boondoggles. The fact is, we are now at cation, the idea of using coal, of which be sufficient to pay off that portion of the point when some of the special in- we have hundreds of years supply, to the loans that do default. terests in this country are going to be turn it into gas. I will say more about In other words, it is in the form of an triple-dipping. They are going to get that in a minute. We have higher effi- insurance premium that takes into ac- tax incentives as a result of the tax ciency natural gas turbines, a hydro- count, actuarially, what the defaults cut; they are going to get loan guaran- gen economy. We are quite a bit away might be should there be any. tees under the amendment of the dis- from there, and research and develop- This is not new. The Federal Credit tinguished Senator from Nebraska; and ment is important for that. Reform Act has been on the books this amendment, this section that we We are excited about these incredible since 1990. It applies across the Govern- seek to strike, offers additional loan potential new technologies, and our ment, and I want to emphasize this key guarantees. goal here is to jump-start these tech- point: The provision scores at zero. These loan guarantees are not only nologies, get them into the market- Only if Congress later decides to appro- costly, they are also risky. American place—only new technologies, only priate money for the program will it taxpayers would be required, under technologies that are not commer- cost anything. title XIV, to subsidize as much as 80 cially viable—and then we step back The PRESIDING OFFICER. The Sen- percent of the cost of constructing and and get out of the way. ator from New Hampshire. operating new and untried tech- That is not just the idea of our En- Mr. SUNUNU. Mr. President, let me nologies. According to the Congres- ergy Committee, which voted 21 to 1 respond briefly just to a couple of sional Budget Office, the risk of default for a bill that contains this provision points there. There was a lot of discus- on these projects funded by guarantees and heard a great amount of testi- sion at the end of Senator ALEXANDER’s is between 20 percent and 60 percent. mony, it is the idea, for example, of the remarks about the credit law and scor- The amendment that Senator SUNUNU bipartisan National Commission on En- ing and the suggestion that this scores and I offer today would block this un- ergy Policy, which pointed out that the at zero. wise and risky investment and stop energy challenges faced by the United This scores at zero cost, as we stand throwing good taxpayer money after States mean many new technologies here on the Senate floor, because no bad. and, unfortunately, ‘‘both public and loans have been issued. So, obviously, I see our friend from Tennessee is private investments in research and de- it scores at zero. To say that, and to here. He heard me discuss this to some velopment, demonstration and early suggest to the American taxpayers extent in the Energy Committee. I deployment of advanced energy tech- that there won’t be any liability or any have believed that this legislation is nologies have been falling short of cost to this program is absolutely out- already stuffed with a smorgasbord of what is likely to be needed to make rageous. subsidies for various industries. As I these technologies available in the This is a program that does author- touched on earlier, the buffet of sub- time frames and on the scales re- ize, No. 1, no limit of the number of sidies is so generously larded that you quired.’’ loans that could be offered; no limit in are going to have industries in this We have since World War II invested the total principal that could be put at country come back for seconds and in research and development. Half our risk. The Congressional Budget Office even third helpings from this taxpayer- new jobs since World War II, according estimates $3.75 billion in loans over the subsidized buffet table. to the National Academy of Sciences, 5 years. Yes, when you use our credit You look for examples: the Hagel have come from research and develop- law, that would mean $400 million in amendment, which provides secured ment. Our R&D, our scientific capac- appropriations. But to say it scores at loan guarantees for virtually the same ity, is our cutting edge advantage. If nothing, as if this is a program with no projects and technologies as title XIV we do not, for example, help launch a cost or risk to the taxpayer, is abso- loan guarantees; coal gasification, ad- handful of new clean coal gasification lutely misleading. vanced nuclear power projects, and re- plants, if we do not, for example, invest We need to be clearer about what this newable projects receive up to 25 per- in the next generation of nuclear program really does and does not do. cent of their estimated costs for con- plants, they either will not happen or There are no limits on the number of struction activity, acquisition of land they will happen so slowly that we do projects, no limits on the principal and financing. There is no need to dou- not get on the path we intend to be on. that could be guaranteed, and it cer- ble the subsidies for these projects with In conclusion, let me point out ex- tainly does authorize a program that the incentives under title XIV as well. actly what we are talking about. This puts the taxpayers at risk. I want to be clear. I am not against title is limited to technologies that are At this time I yield to my cosponsor incentives for new technologies. That not commercial, that are not in gen- on this amendment, Senator WYDEN. is why, as a member of the Finance eral use. These technologies have to Mr. CRAIG. Mr. President, before the Committee, I supported the energy tax avoid reduced or sequestered air pollut- Senator from Oregon speaks, could I title that provides tax benefits for a ants or manmade greenhouse gases, ask what time remains on both sides? variety of energy technologies, ranging

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7246 CONGRESSIONAL RECORD — SENATE June 23, 2005 from fuel cells and renewable tech- here we have a very large part of our the Congressional Budget Office would nologies to fossil fuel and nuclear en- energy being supplied by coal; we want not estimate that in the year 2006 there ergy. So I am already one who has to clean it up so we can continue to use will have to be $85 million in appro- voted, at this point in the debate, to it—high, efficient natural gas turbines, priated taxpayer resources to support say that we ought to have some incen- hydrogen, and on and on and on. this program; or, in 2007, $85 million; or tives with respect to these promising New technologies are wonderful, but 2008, $85 million; or 2009, $85 million; or industries. sometimes it is very hard to get them 2010, $60 million. The owners of these But what concerns me is the double- started, get them into the market- powerplants are not picking up the and triple-dipping. There is an impor- place, allow them to be mainstreamed, risk. That money will have to be appro- tant difference between the tax incen- create the cost effectiveness, the dupli- priated because there will be risks tives that I supported in the Finance cation, and multiplying effects that borne by the Federal Government, by Committee and the loan guarantees occur in the marketplace. That is why, the taxpayer, when these loans are under title XIV. The tax incentives in working this major piece of energy issued. To suggest otherwise is to mis- that were produced on a bipartisan legislation for our country, we looked understand how the program operates. basis in the Finance Committee reward at incentives. We also looked at assur- With regard to technology, let me those who produce or save energy. By ing that we protect the American tax- close in response on this broad point of contrast, the loan guarantees subsidize payer, who is also now, because we our concerns for technology. I also projects whether they produce energy failed over the last 5 years to develop would like to see new and innovative or not. an energy policy, being taxed at the technologies brought to the market. As I mentioned, the Congressional pump higher than any of these incen- Only, when I talk about the impor- Budget Office says there is a very sub- tives would ever tax them. Yet we have tance of those new technologies, I then stantial risk of failure. I might even be some who would suggest that this is do not hesitate to say I have con- persuaded to go along with the 25-per- simply the wrong approach—to add fidence in the engineers and scientists cent subsidy provided by the Hagel some incentive, to build guarantees, to and investors and financial people, amendment to help kick-start new en- do that which assures that we can working in the solar industry and nu- ergy technologies, but I don’t think it mainstream a variety of these tech- clear industry and coal industry, to is a wise use of taxpayer money to pro- nologies, that we can become increas- continue to develop new ideas and new vide up to an 80-percent subsidy for the ingly self-sufficient. technologies. I am not so arrogant, as very same projects that would also get The Senator from Tennessee is right, an elected representative, or someone a 25-percent subsidy under the Hagel and he has explained it very well. Many here in Washington, to think that only amendment. of these are scored as zero, not because someone working in the Department of Just with that example alone, you the loan has not been made but because Energy in Washington, DC, can know are talking about some projects that the cost of the guarantee is paid by the or understand what kind of tech- would receive a subsidy of 105 percent. person taking out the loan. nologies are deserving of a billion-dol- With respect to who reaps the bene- So this is clearly, here, the right lar loan subsidy or a $500 million loan fits from these extraordinary loan thing that is being done, and that does guarantee. guarantees, we know a variety of inter- not mean that the Government of our That is the problem with this kind of ests would. In my area of the country, country, our taxpayers, is ‘‘off the a program. It presumes that the only we still remember WPPSS, the nuclear hook.’’ It doesn’t mean that at all. It people who understand technology and means right now they are on the hook powerplants where there was a huge de- innovation and how it might make a and paying through the nose for high- fault and we had many ratepayers very contribution to our energy markets cost energy because we have not done hard hit. Our ratepayers are still pay- and our environment reside in Wash- for the last 5 years what we are now ing the bills for the powerplants that ington. That is wrong. trying to do in this bill, and that is to We need more competitive markets. were planned years ago but were never build a new marketplace, new opportu- We need to do something about the built. Skyrocketing cost overruns led nities, clean technologies, get them costs of regulation, but we do not need to defaults. The collapse shows that into the marketplace, get them work- to put the taxpayers on the hook for Federal loan guarantees are a gamble ing, mainstream them so America and billions of dollars in loan guarantees that taxpayers should not be forced to American business can pick them up for privately owned and operated pow- take. and make them available to the Amer- erplants that are operated by success- I am very hopeful my colleagues will ican consumer. ful, profitable corporations. I wish support the Sununu-Wyden amend- I think it is a very important amend- them well, I want to see them compete, ment. At this point, I think it is fair to ment. If you are for the Energy bill as but I do not want to put taxpayers on say that we have voted for multiple it is before us, you must vote no on the the hook for the cost. subsidies for a lot of the industries Schumer amendment. It guts the very I urge my colleagues to support this that we hope will help to some degree underlying premise of the bill. It is not amendment that is endorsed and sup- cure this country’s addiction to foreign a double-dip, it is not a triple-dip, it is ported by those concerned about the oil. But at some point the level of sub- a slam-dunk to defeat and destroy a cost to the Federal budget as well as sidies ought to stop. I urge my col- very valuable piece of legislation. those concerned about the environ- leagues to support the amendment, and I hope my colleagues will oppose the ment. I yield. Sununu amendment. I yield back the remainder of our The PRESIDING OFFICER. The time The PRESIDING OFFICER. The Sen- time. of the Senator has expired. Who yields ator from New Hampshire. The PRESIDING OFFICER. The Sen- time? Mr. SUNUNU. Mr. President, first I ator from Idaho. The Senator from Idaho. apologize to my colleague, Senator Mr. CRAIG. Mr. President, I would Mr. CRAIG. Mr. President, I don’t SCHUMER of New York. It was just a hope that timewise, all time could be know that all has been said, but most slip of the tongue by the Senator from used on the Sununu amendment, un- nearly all has been said. Let me speak Idaho, I am sure. Senator SCHUMER derstanding there is still a minute to briefly about the Sununu amendment. may be in trouble if he is easily con- close at the time of the vote and that If I have heard it once I have heard it fused with me when he goes back home we can return now to the Schumer a lot of times in the last few years: Oh, to New York. amendment. Senator BOND is on the we need new technology. We need inno- Mr. CRAIG. I do apologize. I do know Senate floor, and he could utilize his 7 vation. We need clean energy. All of the difference, and I apologize. minutes prior to Senator SCHUMER uti- those kinds of things are at the thresh- Mr. SUNUNU. No offense taken, but I lizing his 7 minutes in closure so we old of the American consumer’s oppor- would say, lightheartedly, that you could bring these two amendments to a tunity: Sequestration of carbon, new might wish to apologize to the Senator close and to a vote. nuclear technology, biomass, hybrid from New York. The PRESIDING OFFICER. The Sen- cars—some of those are beginning to If the owners of these powerplants ator yields back the time in opposition enter the market—coal gasification— were paying the risk premium, then to the Sununu amendment?

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7247 Mr. CRAIG. We have no objection. I to change the way they make nuclear These provisions sound reasonable yield back time on our side. medicines. The law requires a shift because they are the outcome of a com- AMENDMENT NO. 810 from highly enriched uranium, HEU, to promise. Section 621 represents a com- The PRESIDING OFFICER (Mr. low enriched uranium, LEU. I have no promise reached in the Energy bill in DEMINT). There are now 7 minutes per problem with the switch. Indeed, our the last Congress. Indeed, this section side on the Schumer amendment. energy provisions encourage this has garnered nothing but unanimous The Senator from Missouri is recog- switch. What I have a problem with is approval as it has gone through the nized. that current law makes no accommo- committee process. The Energy Com- Mr. BOND. Mr. President, I urge my dation for supply disruptions or afford- mittee approved it unanimously during colleagues to oppose the amendment by ability. That means cancer patients their markup. My colleagues on the Senator SCHUMER and Senator KYL to might not get their medicine. Environment Committee approved this prevent cancer patients from getting Currently, law was written that way section unanimously last Congress and the cancer medicine they need. Both to address fuel for nuclear reactors but again this Congress. Members of the Senator SCHUMER’s first-degree amend- is now being applied to nuclear medi- medical community support this provi- ment and Senator KYL’s second-degree cine. It would force a premature switch sion and strongly oppose attempts to amendment would strip provisions we in the nuclear medicine production strike it such as the Schumer and Kyl put in the Energy bill to ensure cancer process before we have a feasible and amendments. These groups include: patients continue to have a reliable affordable alternative. That would The National Association of Cancer Pa- and affordable source of cancer medi- mean cancer patients could not get the tients, American College of Nuclear cine. We cannot do this to our cancer medicine they need at prices they Physicians, American College of Radi- patients. could afford. Section 621 still requires a ology, American Society of Nuclear Cancer is a scourge that affects mil- production changeover but not before Cardiology, Council on Radionuclides lions of people across the Nation in we know that patients will retain af- and Radiopharmaceuticals, National each of our States and in many of our fordable access to their medicine. Association of Nuclear Pharmacies, families. Cancer will strike over a mil- Unfortunately, well-meaning stake- and Society of Nuclear Medicine. lion people this year, 30,000 in my home holders want to strip this cancer medi- Of course, Drew Euler supports this State of Missouri, and cancer will kill cine provision from the bill. Opponents provision. He is alive today because of 12,000 Missourians this year. Cancer of this provision somehow think that nuclear medicines. Drew got the medi- takes our mothers and fathers. Cancer making the cancer medicine that cine he needed. I hope the Senate will takes our spouses, our children. But helped cure Drew will help terrorists act today to ensure that cancer pa- many people beat cancer. build a bomb, but that is simply not tients continue to get the medicine Section 621 of the Energy bill will the case. The nuclear medicine produc- they need. I ask my colleagues to op- help people beat cancer. Cancer pa- tion process is highly regulated by the pose the Schumer and Kyl amend- tients beat cancer with nuclear medi- U.S. Nuclear Regulatory Commission. ments. cines, also known as medical isotopes, Raw material shipments of HEU are I yield such time as remains to my to diagnose and treat their cancer. conducted under strict Government re- colleague from North Carolina. Doctors use slightly radioactive forms quirements, including armed guards. The PRESIDING OFFICER. The Sen- of iodine, xenon, and other substances These shipments go to Canada and ator from North Carolina. to help them find and diagnose breast back because no U.S. reactor is de- Mr. BURR. Mr. President, I thank cancer, lung cancer, prostate cancer, signed to make medical isotopes. We the Senator and would only make this and other cancers. Doctors also use nu- send HEU because that is the only raw point. Some have made the accusation clear medicines to treat cancer pa- material target that the Canadian re- that this legislation weakens existing tients fighting non-Hodgkin’s actor can accept. law. Let me point out to my colleagues lymphoma, thyroid cancer, and relieve In the post-9/11 world, we are obliged item 7 in the language, termination of cancer symptoms such as bone pain. to take this concern seriously, check it review: Andrew Euler, seen here, is a boy out, and see whether it is valid. I can After the Secretary submits a certification from the small town of Billings, MO, in assure my colleagues that the concern under paragraph (6), the Commission shall, my home State. Drew was 8 years old is not one we have to worry about. by rule, terminate its review of export li- when cancer struck him. Drew’s par- Homeland security is fully protected in cense applications under this subsection. ents described the day the doctors told the production of nuclear medicines. This does fulfill the national secu- them that their son had cancer as the No one has to take my word for it. We rity. It is reassured by the Nuclear most horrific experience of their lives. wrote to the U.S. Nuclear Regulatory Control Institute and the person who is The Eulers learned that cancer is the Commission to ask them whether the most outspoken, Alan Kuperman. Iron- leading cause of death among children shipment of HEU to Canada endangers ically, he says this amendment, origi- like Drew under 15 years of age. Thy- homeland security. The NRC said it did nally drafted to pave the way to con- roid cancer will strike 23,000 Americans not. Indeed, they said: tinued HEU exports, would actually do this year and take the lives of 1,400 The NRC continues to believe that the cur- away with them. We would go to LEU children and adults. rent regulatory structure for export of HEU faster, is his conclusion. With the help from the fine cancer provides reasonable assurance that the pub- We urge our colleagues to oppose the doctors at Washington University in lic health and safety and the environment Schumer amendment. St. Louis, Drew underwent surgery and will be adequately protected and that these I ask for the yeas and nays. received doses of nuclear medicine in exports will also not be inimical to the com- The PRESIDING OFFICER. Is there a the form of radioactive iodine to treat mon defense and security of the United sufficient second? States. his cancer. Drew, I am happy to say, is There appears to be a sufficient sec- now cancer free, living a normal teen- The full response is for official use ond. age life of basketball, skateboarding, only, so I cannot describe it on the The yeas and nays were ordered. and swimming. Having good doctors Senate floor. This has been cleared. I The PRESIDING OFFICER. The Sen- and access to medicine is a blessing too will be happy to share the full response ator from Idaho. many take for granted. Drew and many with any Senator who wishes to see it. Mr. CRAIG. It is now my under- others across the country are alive There are other smaller issues raised standing that Senator SCHUMER will today because of the nuclear medicine by stakeholders that are addressed in close, and the 7 minutes remaining in- administered after his surgery. our provision. The section only applies cludes the 2 that had been allotted in Section 621 of the Energy bill, which to nuclear medicine production, not re- the original UC. Senator BURR and I authored, will en- actor fuel. It allows HEU so long as Mr. SCHUMER. I am going to take sure that cancer patients like Drew can there is no feasible and affordable al- 31⁄2 minutes and yield the closing 31⁄2 continue to get and afford the cancer ternative. Once the Department of En- minutes to my colleague from Arizona, medicine they need. ergy finds that a feasible and afford- Senator KYL. This provision is needed because the able alternative exists, then the switch The PRESIDING OFFICER. The Sen- Atomic Energy Act requires industry occurs and the provision sunsets. ator from New York.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7248 CONGRESSIONAL RECORD — SENATE June 23, 2005 Mr. SCHUMER. Mr. President, again, I yield my remaining time to my col- Department of Energy say about that? the argument is simple: Do we want league and friend from Arizona, JON The Department of Energy, on its Web nuclear proliferation? If we do, we KYL. site dealing with this subject with re- allow highly enriched uranium to be The PRESIDING OFFICER. The Sen- gard to current law, says this law has floating around the world with very ator from Arizona has 4 minutes. been very helpful in persuading a num- few checks. Mr. KYL. Mr. President, my col- ber of research reactors to convert to There is no issue of health. Let me leagues first should be astonished that low-enriched uranium. repeat: Everyone, every single person Senator SCHUMER and I are in total Why, if we have a law that has never in this country and in other countries agreement on something, and I cannot denied any license and has permitted who needs isotopes has gotten them. wait to tell them why and hope that the production of these isotopes for Let me quote from Physicians for So- will persuade them that if the Senator medical production and moves us to- cial Responsibility, a group that has from New York and I are in agreement ward a nonproliferation, toward low- been involved: Contrary to its stated on something, there must be something enriched uranium, why we would want intent, section 621, the new section to it. Indeed, both Senator SCHUMER to scrap that and say we will do away added to this bill, would do nothing to and I have been very strong advocates with the requirement that the compa- ensure the supply of medical isotopes against proliferation of nuclear mate- nies work with the United States to to the United States because that sup- rial. work toward low-enriched uranium? It ply is not currently endangered by re- The chairman of the Senate Foreign makes no sense at all. strictions on exports of HEU. Relations Committee, Senator LUGAR, That is why the group of physicians I So the bottom line is simple: We is strongly in agreement with the posi- cited earlier is in support of the cur- want sick people to get these isotopes. tion that Senator SCHUMER and I are rent law. It is why the Department of They are all getting them. But why do taking. He will be listed as one of the Energy Web site notes the fact that the we have to trade away the ability to people in support of the Schumer-Kyl current law is working well. prevent highly enriched uranium from approach. No one has fought this hard- I ask my colleagues, in summary, proliferating around the world? God er than Senator LUGAR. We are all fa- this question: If ever a terrorist group forbid the consequences to our country miliar with the Nunn-Lugar work. gets a hold of this high-enriched ura- if a terrorist steals such uranium or it The reason Senator LUGAR is so nium and builds a bomb because we gets lost. strongly supportive, the reason mem- eliminated this requirement for no par- bers of the Democratic Party are so No U.S. firm has any interest in this. ticular purpose, what are we going to strongly supportive, the reason people It is one Canadian firm that does not say about that? Let’s retain the exist- who have been involved in national de- want to pay the extra price that other ing law the Department of Energy be- fense and proliferation on nuclear firms have been paying to require for- lieves has been working. Nobody is de- issues from day one, like myself, are so eign countries to convert from HEU, nied medical treatment as a result of concerned about this is that we are in highly enriched uranium, which can be this law. danger, unless this amendment passes, used for weapons, to low-grade ura- I urge my colleagues to support the of changing a law that has helped us to nium, LEU, which cannot. Schumer amendment. Please support control proliferation of nuclear mate- So the argument is simple. There are the Schumer amendment at this time. rial. Why would we want to change the a large number of organizations that The PRESIDING OFFICER. All time law? is expired. The question is on agreeing support our amendment, many of them Since 1992, our law has enabled us to concerned with nuclear proliferation to the amendment. export highly enriched uranium, from Mr. SCHUMER. I ask for the yeas and, of course, organizations concerned which you can make bombs, as long as with health such as Physicians for So- and nays. there is an assurance that the recipient The PRESIDING OFFICER. The yeas cial Responsibility. is cooperating with us in trying to con- The argument is clear-cut. This and nays were previously ordered. The trol proliferation; in this case, trying clerk will call the roll. amendment never should have been put to eventually move to low-enriched in the Energy bill. The policy that our The legislative clerk called the roll. uranium. We would all love to be able Mr. MCCONNELL. The following Sen- country has had for the last 12 years to move to low-enriched uranium to has been working very well, and we ator was necessarily absent: the Sen- produce, for example medical isotopes. ator from New Mexico (Mr. DOMENICI). have had our cake and eaten it, too. That is why we are so concerned. Everyone gets isotopes, and various re- Mr. DURBIN. I announce that the The language in the bill, unfortu- Senator from New Mexico (Mr. BINGA- actors and foreign countries are re- nately, removes the requirement for quired to convert from HEU to LEU. MAN) is necessarily absent. that cooperation. Why would we want The PRESIDING OFFICER. Are there Right now, we are worried about Iran. to do that? Because one Canadian com- We are worried about North Korea. We any other Senators in the Chamber de- pany is concerned about the cost. That siring to vote? are worried about terrorists stealing shouldn’t even be a concern because weapons-grade uranium, and we are The result was announced—yeas 52, today the Nuclear Regulatory Commis- nays 46, as follows: now doing something here, mainly at sion issues these export licenses and [Rollcall Vote No. 154 Leg.] the behest of one Canadian company, one of their considerations is cost. to allow more of that uranium out on They have already made the decision YEAS—52 the market. that this is not an issue for the Akaka Feinstein Nelson (FL) If my friends on the other side could Alexander Gregg Nelson (NE) issuance of a license. Bayh Harkin Obama point to a single person who is denied Has one license ever been denied? Biden Inouye Reed the isotope they need for health pur- Never. None. It is a false choice to sug- Boxer Kennedy Reid poses, they might have an argument, gest somebody is going to be denied Byrd Kerry Rockefeller Cantwell Kohl but they do not. The argument is sim- medical treatment, a little boy or a lit- Salazar Clinton Kyl Santorum ple: the cost to one Canadian company Collins Lautenberg tle girl or anybody else, if this amend- Sarbanes Conrad Leahy versus our ability to prevent weapons- ment is adopted. Since 1992, nobody has Schumer Cornyn Levin grade uranium, highly enriched ura- Snowe been denied treatment with medical Corzine Lieberman nium, from proliferating around the isotopes. The law has permitted the de- Dayton Lott Specter world. velopment of this kind of treatment, Dodd Lugar Stabenow Sununu I hope we will go back to present law, and there is nothing to suggest that it Dorgan Martinez Durbin McCain Vitter stay with present law, stick to the law will not continue. Ensign Mikulski Wyden that has been supported by both ad- The law does something else, too. It Feingold Murray ministrations, Republican and Demo- requires assurances that the people NAYS—46 crat, and prevent the danger of nuclear who are producing this are working Allard Bennett Bunning terrorism from getting any greater with us to eventually try to convert to Allen Bond Burns than it is. low-enriched uranium. What does the Baucus Brownback Burr

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7249 Carper Graham Pryor the country’s deepest pockets will be AMENDMENT NO. 990, AS MODIFIED Chafee Grassley Roberts triple-dipping. These industries get The PRESIDING OFFICER. Under Chambliss Hagel Sessions Coburn Hatch Shelby subsidies under the tax title from Fi- the previous order, the clerk will re- Cochran Hutchison Smith nance. That is dip 1. The Hagel amend- port amendment No. 990, as modified. Coleman Inhofe Stevens ment, yesterday adopted, provides The legislative clerk read as follows: Craig Isakson Talent loans. That is dip 2. Title XIV that we The Senator from Arizona [Mr. KYL], for Crapo Jeffords Thomas DeMint Johnson himself, Mr. LUGAR, and Mr. LOTT, proposes Thune seek to strike provides loan guarantees DeWine Landrieu an amendment numbered 990, as modified. Voinovich of up to 80 percent. That is dip 3. I urge Dole Lincoln Warner Senators to join all the country’s The amendment is as follows: Enzi McConnell (Purpose: To provide a substitute to the Frist Murkowski major environmental groups, all the country’s major organizations rep- amendment) NOT VOTING—2 resenting taxpayer rights and support On page 401, after line 25 insert the fol- lowing: Bingaman Domenici the bipartisan Sununu-Wyden amend- SEC. 621. MEDICAL ISOTOPE PRODUCTION: NON- The amendment (No. 810) was agreed ment. PROLIFERATION, ANTITERRORISM, to. The PRESIDING OFFICER. The AND RESOURCE REVIEW. Mr. SCHUMER. I move to reconsider question is on agreeing to amendment (a) DEFINITIONS.—In this section: the vote. No. 873. (1) HIGHLY ENRICHED URANIUM FOR MEDICAL Mr. CRAIG. I move to lay that mo- Mr. CRAIG. Mr. President, I ask for ISOTOPE PRODUCTION.—The term ‘‘highly en- riched uranium for medical isotope produc- tion on the table. the yeas and nays. The motion to lay on the table was tion’’ means highly enriched uranium con- The PRESIDING OFFICER. Is there a tained in, or for use in, targets to be irradi- agreed to. sufficient second? ated for the sole purpose of producing med- AMENDMENT NO. 873 There is a sufficient second. The ical isotopes. The PRESIDING OFFICER. The Sen- clerk will call the roll. (2) MEDICAL ISOTOPES.—The term ‘‘medical ator from Idaho. The assistant legislative clerk called isotopes’’ means radioactive isotopes, includ- Mr. CRAIG. Mr. President, under the the roll. ing molybdenum-99, that are used to produce radiopharmaceuticals for diagnostic or unanimous consent, we now have the Mr. MCCONNELL. The following Sen- therapeutic procedures on patients. Sununu amendment with a minute al- ators are necessarily absent: the Sen- (b) STUDY.— located to each side for closing com- ator from New Mexico (Mr. DOMENICI), (1) IN GENERAL.—Not later than 60 days ments. and the Senator from Nevada (Mr. EN- after the date of enactment of this Act, the The PRESIDING OFFICER. The Sen- SIGN). Secretary shall enter into an arrangement ator is correct. Who yields time? Mr. DURBIN. I announce that the with the National Academy of Sciences for the conduct of a study of issues associated The Senator from Idaho. Senator from New Mexico (Mr. BINGA- with section 134 of the Atomic Energy Act of Mr. CRAIG. I yield 1 minute for clo- MAN) is necessarily absent. sure to the Senator from Tennessee. 1954 (42 U.S.C. 2160d), including issues associ- The PRESIDING OFFICER (Mr. ated with the implementation of that sec- Mr. ALEXANDER. Mr. President, if BURR). Are there any other Senators in tion. Chairman DOMENICI were here tonight, the Chamber desiring to vote? (2) CONTENTS.—The study shall include an he would urge our colleagues to oppose The result was announced—yeas 21, analysis of— the Sununu amendment because it is nays 76, as follows: (A) the effectiveness to date of section 134 of the Atomic Energy Act of 1954 (42 U.S.C. critical to this clean energy bill. If we [Rollcall Vote No. 155 Leg.] 2160d) in facilitating the conversion of for- want lower natural gas prices, we need YEAS—21 new technologies for carbon sequestra- eign reactor fuel and targets to low-enriched Allard Feingold Mikulski uranium, which reduces the risk that highly tion, for advanced nuclear, for solar, Boxer Gregg Reed enriched uranium will be diverted and sto- for biomass, and for hybrid vehicles. Coburn Harkin Sarbanes len; We need to invest in these options and Collins Kennedy Schumer (B) the degree to which isotope producers jump start them. We have done that Corzine Kyl Smith that rely on United States highly enriched DeMint Lautenberg Sununu throughout our history in America. Durbin McCain Wyden uranium are complying with the intent of That is our secret weapon, our science section 134 of the Atomic Energy Act of 1954 NAYS—76 and technology, research and develop- (42 U.S.C. 2160d) to expeditiously convert tar- gets to low-enriched uranium; ment. Chairman DOMENICI likes the ex- Akaka Dodd McConnell Alexander Dole Murkowski (C) the adequacy of physical protection and isting provision because this is for new Allen Dorgan Murray material control and accounting measures at technology. It is not a free ride. Baucus Enzi Nelson (FL) foreign facilities that receive United States Chairman DOMENICI would urge Mem- Bayh Feinstein Nelson (NE) highly enriched uranium for medical isotope Bennett Frist Obama bers, as I do, to vote no on Sununu- Biden Graham production, in comparison to Nuclear Regu- Wyden because his existing provision Pryor latory Commission regulations and Depart- Bond Grassley Reid Brownback Hagel ment administrative requirements; jumpstarts new technologies for a Roberts Bunning Hatch (D) the likely consequences of an exemp- clean energy bill from coal plants to Rockefeller Burns Hutchison tion of highly enriched uranium exports for sequestration to advanced nuclear to Burr Inhofe Salazar Santorum medical isotope production from section solar, new technologies not in general Byrd Inouye 134(a) of the Atomic Energy Act of 1954 (42 use. It costs the Government nothing, Cantwell Isakson Sessions Carper Jeffords Shelby U.S.C. 2160d(a)) for— according to the scoring of the Con- Chafee Johnson Snowe (i) United States efforts to eliminate high- gressional Budget Office. It is like an Chambliss Kerry Specter ly enriched uranium commerce worldwide insurance policy. The user of the guar- Clinton Kohl Stabenow through the support of the Reduced Enrich- antee pays the premium. Cochran Landrieu Stevens ment in Research and Test Reactors pro- Coleman Leahy The PRESIDING OFFICER. The Sen- Talent gram; and Conrad Levin Thomas (ii) other United States nonproliferation ator from New Hampshire. Cornyn Lieberman Thune Craig Lincoln and antiterrorism initiatives; Mr. SUNUNU. Mr. President, there Vitter (E) incentives that could supplement the Crapo Lott Voinovich are nearly $4 billion in estimated loan incentives of section 134 of the Atomic En- Dayton Lugar Warner guarantees over the next 5 years in this DeWine Martinez ergy Act of 1954 (42 U.S.C. 2160d) to further title. Those absolutely will cost the encourage foreign medical isotope producers NOT VOTING—3 Federal Government something. That to convert from highly enriched uranium to is exactly why money, $400 million, has Bingaman Domenici Ensign low-enriched uranium; to be appropriated to support them. The amendment (No. 873) was re- (F) whether implementation of section 134 I was pleased to work on this amend- jected. of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) has ever caused, or is likely to cause, ment with Senator WYDEN to whom I Mr. CRAIG. I move to reconsider the an interruption in the production and supply yield the remainder of my time. vote, and I move to lay that motion on of medical isotopes in needed quantities; Mr. WYDEN. Mr. President, when it the table. (G) whether the United States supply of comes to subsidies, without the The motion to lay on the table was isotopes is sufficiently diversified to with- Sununu-Wyden amendment, some of agreed to. stand an interruption of production from any

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7250 CONGRESSIONAL RECORD — SENATE June 23, 2005 1 supplier, and, if not, what steps should be country that ‘‘is the subject of an danger we will run out of these iso- taken to diversify United States supply; and agreement with the United States Gov- topes. (H) any other aspects of implementation of ernment to convert to an alternative But we have seen no compelling evi- section 134 of of the Atomic Energy Act of nuclear reactor fuel when such fuel can dence that the United States is in dan- 1954 (42 U.S.C. 2160d) that have a bearing on Federal nonproliferation and antiterrorism be used in that reactor.’’ ger of running out of medical isotopes. laws (including regulations) and policies. In contrast, current law requires the Our main supplier—a Canadian com- (3) TIMING; CONSULTATION.—The National proposed recipient of a U.S. HEU ex- pany called Nordion—has stockpiled Academy of Sciences study shall be— port to provide ‘‘assurances that, over 50 kg of U.S.-origin HEU, which is (A) conducted in full consultation with the whenever an alternative nuclear reac- enough to make one simple nuclear Secretary of State, the staff of the Reduced tor fuel or target can be used in that bomb or two more sophisticated bombs. Enrichment in Research and Test Reactors reactor, it will use that alternative in Indeed, Nordion has enough U.S.-origin program at Argonne National Laboratory, lieu of highly enriched uranium.’’ In bomb-grade uranium to produce med- and other interested organizations and indi- viduals with expertise in nuclear non- addition, current law permits such ex- ical isotopes for the next three to four proliferation; and ports only if ‘‘the United States gov- years. [Source: Union of Concerned Sci- (B) submitted to Congress not later than 18 ernment is actively developing an al- entists and the Nuclear Control Insti- months after the date of enactment of this ternative nuclear reactor fuel or target tute] Act. that can be used in that reactor,’’ Supporters of the language in the En- Mr. KYL. Mr. President, my amend- which requires the proposed recipient ergy bill seem to be concerned that ment would simply add a reporting re- to actively cooperate with the United Nordion will cut off from U.S.-HEU ex- quirement. States on conversion. ports and that will result in an isotope Current law—known as the Schumer This is a difficult distinction, so let deficiency. But that claim does not amendment to the Energy Policy Act me be clear: current law places restric- mesh with the facts. Nordion produces of 1992—is intended to phase out U.S. tions on exports of targets and fuel, about 40 percent of the world’s supply exports of highly enriched uranium in and the Energy bill exempts targets of medical isotopes today; worldwide order to reduce the risk of that mate- from these restrictions. How are fuel production capacity is 25 percent of rial being stolen by terrorists or di- and targets used? Fuel is used to gen- current wordwide demand. verted by proliferating states for nu- erate the chain reaction that powers a That means that, even without clear weapons production. reactor; a target is a mass of fission- Nordion’s medical isotopes, production The importance of phasing out these able material that is irradiated to could still reach 210 percent of world exports is glaringly obvious in the produce a medical isotope. The target demand. post-September 11 world, as we are con- is inserted in an operating reactor and Finally, it is important to note that fronted with terrorist-sponsoring re- then withdrawn after it has been irra- no company has ever been denied an gimes, such as North Korea and Iran, diated. export license under the Schumer that are intent on developing nuclear This change would allow countries to amendment for HEU to be used in tar- weapons and terrorist organizations avoid ever having to move to an LEU gets for medical isotope production that would like nothing more than to target, even if it is technically feasible AND current law has, as intended, attack the United States using a nu- to do so. incentivized countries to begin to con- clear device. Furthermore, four of the five coun- vert to LEU. The Netherlands is one Asked several years ago about sus- tries to which the Energy bill’s exemp- good example; conversion of that coun- picions that he is trying to obtain tion would apply are members of the try’s Petten reactor (to LEU fuel) is chemical and nuclear weapons, Osama European Union and, therefore, U.S. scheduled to be completed by 2006. bin Laden said: exports of HEU to them would be sub- Senator SCHUMER’s amendment, If I seek to acquire such weapons, this is a ject to the requirements of the U.S.– which I strongly support, strikes sec- religious duty. How we use them is up to us. EURATOM Agreement on Nuclear Co- tion 621 of H.R. 6. Maintaining current U.S. law bars export of HEU for use operation. law restrictions will ensure that the as reactor fuel or as targets to produce Under that agreement, EURATOM United States plays an active role in medical isotopes, except on an interim countries are not required to inform encouraging other countries to convert basis to facilities that are actively pur- the United States of retransfers of U.S. to using low-enriched uranium. All suing conversion to low-enriched ura- supplied materials from one EURATOM that they must do in order to continue nium. country to another or report on alter- to receive U.S. HEU exports is agree to Because the United States is the ations to U.S. supplied materials. As convert to low-enriched uranium— world’s primary supplier of HEU, the such U.S. HEU—once transferred to which cannot be used as the core of a law also provides a strong incentive for one of these four countries—can go nuclear bomb—when it becomes tech- such conversion, an objective that is anywhere else in the EU. Given EU ex- nically and economically possible to do strongly supported by Secretary of En- pansion, it is not difficult to imagine so and actively cooperate with the ergy Samuel Bodman’s recent state- the concern this creates. The Energy United States on that conversion. This ment that, ‘‘We should set a goal of bill language ostensibly exempts only is not unreasonable. working to end the commercial use of five countries from current law; in And, as I mentioned, there is no dan- highly enriched uranium in research practice, the number is much larger. ger of running out of medical isotopes reactors.’’ This is all the more reason not to re- at this time—the largest supplier to Why is this important? Unlike highly move the incentive to convert to LEU. the United States currently has a sur- enriched uranium, low-enriched ura- One of the gravest threats we face plus of U.S. HEU and worldwide max- nium cannot be used as the core of a today is the possibility that a terrorist imum production capacity is more nuclear bomb. will obtain nuclear material and use it than twice demand. Section 621 of the pending bill would in an attack against the United States. My second-degree amendment would essentially exempt HEU exports to five It simply makes no sense to loosen our simply add a requirement for a report countries for medical isotope produc- own restrictions on the export of nu- from the National Academy of tion from the standards set by the 1992 clear weapon-grade uranium to coun- Sciences. That report includes an anal- Schumer amendment. If enacted, it tries where we do not have direct con- ysis of: would allow foreign companies to re- trol over its security. The effectiveness of current law (the ceive U.S. HEU for use in medical iso- Proponents of the new language con- Schumer amendment) in compelling tope production ‘‘targets’’ without hav- tained in the Energy bill argue that conversion to low-enriched uranium; ing to commit to converting to low-en- weakening current law is needed to en- the likely consequences with respect to riched uranium. sure the continued supply of medical nonproliferation and antiterrorism ini- Specifically, for export license ap- isotopes—for the diagnosis and treat- tiatives of removing current restric- proval, the new language requires only ment of sick patients—and that this re- tions; a determination that the HEU will be ality justifies any increased prolifera- Whether implementation of current irradiated in a reactor in a recipient tion risk. They claim that there is a law has ever caused an interruption in

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7251 the production and supply of medical Mr. BOND. Mr. President, I ask unan- amendment would incrementally in- isotopes to the U.S.; and imous consent that further reading of crease fuel economy standards in auto- Whether the U.S. supply of isotopes the amendment be dispensed with. mobiles over the next 10 years. is sufficiently diversified to withstand The PRESIDING OFFICER. Without Regardless of what the opponents of an interruption of production from any objection, it is so ordered. this amendment say, technology is one supplier. (The amendment is printed in the available to reach these goals, the safe- It is prudent to conduct such a com- RECORD of Wednesday, June 22, 2005 ty of our vehicles need not be com- prehensive study before we even con- under ‘‘Text of Amendments.’’) promised in the process, and we don’t sider lifting the restrictions in current Mr. BOND. Mr. President, pursuant have to lose American jobs in order to law, as opposed to after lifting them, as to the order, I ask that that amend- have safer, more fuel-efficient cars. the Energy bill language would do. ment be set aside. I suggest to those who have no faith The report would be due 18 months The PRESIDING OFFICER. The in the innovative capacity of our Na- after enactment of the Energy bill. So, amendment is set aside under the tion that America has risen to the even if Nordion were cut off from U.S. order. challenge before. We can do it again. exports tomorrow, the due date would AMENDMENT NO. 902 Before I explain my amendment and be long before Nordion’s surplus HEV Mr. DURBIN. Mr. President, I call up highlight why improving fuel effi- runs out. amendment No. 902. ciency would be a priority, let me read The PRESIDING OFFICER. Under The PRESIDING OFFICER. The from a few headlines that make this the previous order, the amendment is clerk will report. debate especially important. agreed to. The legislative clerk read as follows: This was in this week’s Washington The amendment (No. 990), as modi- The Senator from Illinois [Mr. DURBIN], Post: fied, was agreed to. Gas price rises as oil hits a record high. The PRESIDING OFFICER. The Sen- proposes an amendment numbered 902. ator from Idaho is recognized. Mr. DURBIN. I ask unanimous con- What was the dollar amount, the lat- Mr. CRAIG. Mr. President, we are sent that further reading of the amend- est amount? It was $59.42 a barrel— going to move as quickly as we can. It ment be dispensed with. record high amounts for oil. In my appears that we can complete all work The PRESIDING OFFICER. Without State of Illinois, the average price of on this bill tonight. We have a few re- objection, it is so ordered. gasoline is $2.16 per gallon. maining amendments. I am going to (The amendment is printed in the From the Wall Street Journal, here offer a unanimous consent request at RECORD of Wednesday, June 23, 2005, is the big headline: this time and, hopefully, we can cut under ‘‘Text of Amendments.’’) Big Thirst for Oil is Unslaked, Demand by the time down from it, if our col- Mr. DURBIN. Mr. President, I ask U.S., China Rises. leagues will expedite their effort on be- unanimous consent that the following The Wall Street Journal says: half of these amendments that are out- Senators be added as cosponsors: DODD, Oil consumption remains strong even as standing. CANTWELL, LAUTENBERG, KENNEDY, petroleum prices approach $60 a barrel, Mr. President, I ask unanimous con- REED of Rhode Island, and BOXER. sparking concerns that growing demand sent that Senator BOND be recognized The PRESIDING OFFICER. Without could spur still-higher prices and further in order to offer the Bond-Levin CAFE objection, it is so ordered. dampen economic growth. amendment No. 925; provided further Mr. DURBIN. Mr. President, it is my Philip Verleger, senior fellow at the that the amendment be set aside and understanding, under the terms of the Washington-based Institute for Inter- Senator DURBIN be recognized imme- agreement, that we have 40 minutes on national Economics, says: diately to offer his CAFE amendment our side, and there are 40 minutes I can see oil at $90 a barrel by next March No. 902; provided further that there be under the control of Senators BOND or 31. 80 minutes of debate total to be used in LEVIN. I have read from BusinessWeek. We relation to both amendments, with The PRESIDING OFFICER. The Sen- understand their consideration of this Senators Bond and/or his designee in ator is correct. provision. They understand that if we control of 40 minutes, and Senator Mr. DURBIN. Mr. President, I will do not deal with more fuel-efficient ve- DURBIN and/or his designee in control start by reading a paragraph, but it is hicles, we are ignoring the obvious. of 40 minutes. not from an environmental magazine I am offering this amendment to give I further ask that following the use or a political magazine or from a lib- my colleagues an opportunity to put or yielding back of time, the Senate eral magazine. It is from America back on track, to reduce con- proceed to a vote in relation to the BusinessWeek, published in their most sumption of oil-based products by our Bond amendment, to be followed by a recent online edition of June 20, enti- transportation fleet by increasing fuel vote in relation to the Durbin Amend- tled ‘‘Energy; Ignoring the Obvious economy standards. ment, with no second degrees in order Fix.’’ I will read this paragraph be- The BusinessWeek online piece con- to either amendment prior to the vote, cause it describes where we are at this tinues: and with 2 minutes equally divided for moment in time: If we don’t act now, a crisis will probably debate prior to the second vote. As Congress puts the final touches on a force more drastic action later. The PRESIDING OFFICER. Is there massive new energy bill, lawmakers are I first say to my colleague following objection? about to blow it. That’s because the bill, this debate, I wish them all a happy which they hope to pass by the end of July, Without objection, it is so ordered. 30th anniversary. It was 30 years ago Mr. CRAIG. I thank the Chair. I trust almost certainly won’t include the one pol- we faced an energy crisis in America. that our colleagues are on the Senate icy initiative that could seriously reduce This year marks the 30th anniversary floor. I see them. America’s dependence on foreign oil: A gov- I yield the floor. ernment-mandated increase in the average of the Energy Policy and Conservation The PRESIDING OFFICER. The Sen- fuel economy of new cars, SUVs, light trucks Act that created the original CAFE and vans. ator from Missouri is recognized. program and responded to that crisis. That is BusinessWeek. They say that Listen to these oil prices that AMENDMENT NO. 925 Mr. BOND. Mr. President, I call up Congress is about to blow it. Sadly, brought America’s economy to its the Bond-Levin amendment, as de- BusinessWeek is correct because you knees 30 years ago. I am going back to scribed by the distinguished acting can search this bill, page after page, October of 1973. The price of oil rose floor manager of this bill. section after section, and find no ref- from $3 a barrel to $5.11 per barrel, The PRESIDING OFFICER. The erence to the obvious need in America sending a shock across America. By clerk will report. to increase the fuel efficiency of the January, just a few months later, the The legislative clerk read as follows: cars and trucks that we drive. prices were up to $11.65 a barrel. At the The Senator from Missouri [Mr. BOND], for The amendment that I am proposing time, however, the United States was himself, Mr. LEVIN, Ms. STABENOW, and Mr. addresses the CAFE standards. This only dependent on foreign oil for 28 VOINOVICH, proposes an amendment num- amendment would result in more fuel- percent of its use. That percentage has bered 925. efficient vehicles in America. This grown to 58 percent today.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7252 CONGRESSIONAL RECORD — SENATE June 23, 2005 Put it in context: 30 years ago, 28 per- automobiles increase the fuel effi- can see, light-duty vehicles represent cent of our oil was coming from over- ciency of cars over the next 10 years? the biggest part of it—60 percent. It is seas, and we were dealing with $11 a They screamed bloody murder. They a huge part. barrel. Today, 58 percent is, and we are said the same things we are going to We also have general oil consumption dealing with $59.60 a barrel, roughly hear from my colleagues tonight in op- in America. If we want to reduce our speaking. So we have seen a dramatic position to this amendment. They said dependence on foreign oil, we have to increase in our dependence, a dramatic if you want cars that get so many focus attention on transportation—68 increase in price, and there is no rea- miles per gallon over the next 10 years, percent usage of the oil we import. son to believe it is going to end. We are America is going to be riding around in We know if we want to reduce de- captives of OPEC and that cartel. little dinky cars such as golf carts. I pendence on foreign oil, this is what we When MARIA CANTWELL came to the heard exactly the same words on the need to do. Here is a list of all the dif- floor of the Senate and offered an Senate floor today. ferent technologies currently avail- amendment to reduce America’s de- Furthermore, if you want more fuel- able. I won’t read them all through but pendence on foreign oil by 40 percent efficient cars, they are going to be so will make them part of the RECORD as over the next 20 years, it was soundly darned dangerous, no family should part of my statement: transmission defeated. I think only three Repub- ride in them. This is what our big three technology, engine technologies, vehi- licans joined the Democrats who sup- said back in 1973: We can’t do this; it is cle technologies that could be used ported it. technologically impossible. Frankly, if right now to make cars and trucks To think we are overlooking in a de- you do it, we are going to see more and more efficient. bate on an energy bill dependence on more foreign cars coming into the What is going to happen over a period foreign oil and the inefficiency of cars United States. of time, though, is we are going to see and trucks tells you how irrelevant Thank God Congress ignored them. a lot of debate about different cars and this debate is. Any serious debate We passed the CAFE standards. Looked different trucks. Let me show you one about America’s energy future would what happened. Fuel-efficiency cars in in particular. I just mentioned hybrid talk about our dependence—over- a 10-year period went up to their high- vehicles. My wife and I decided a few dependence—on foreign oil and the fact est levels. Now look what has happened months ago to buy a new car. We want- that we continue to drive cars and since. It is flat or declining in some ed to buy American. We did not need a trucks that are less fuel efficient every areas. It tells us, when we look at both big monster SUV. It is basically just single year. cars and trucks, that our fuel effi- the two of us and maybe a couple of The recent prices that have shown up ciency has been declining since 1985. other passengers. We wanted some- also create anxiety over oil exports How can this be good for America? How thing American and fuel efficient. from other producer nations. This past can this make us less energy depend- Go out and take a look. You will find Friday, the United States, Britain, and ent? How can this clean up air we there is one American-made car on the Germany closed their consulates in Ni- breathe? It cannot. market today that even cares about geria, in its largest city of Lagos, due People will come to the floor of the fuel efficiency—the Ford Escape hy- to a threat from foreign Islamic mili- Senate today and say: We think every brid. That is the only one. The others tants. The countries we are relying on American ought to buy and drive the are made by manufacturers around the for foreign oil are politically shaky, most fuel-inefficient truck or car they world. It turns out they are not mak- and we depend on them. If they do not choose, and if you do not stand by that, ing too many of these Ford Escape hy- provide the oil, our economy suffers, you are violating the most basic Amer- brids. In the first quarter of this year, and American families and consumers ican freedom. What about the freedoms Ford made 5,274. Take a look at the suffer. that are at stake as we get in conflicts competition. Japan again, sadly, got In response to the 1973 oil embargo, around the world with oil-producing the jump on us. When they came up Congress created the CAFE program nations? with their Honda Accords and Civics, and decided at the time to increase the If we want to preserve our freedoms, they ended up selling 9,317 and then new car fleet fuel economy because it we should accept personal responsi- 14,604 the first quarter. Toyota was had declined from 14.8 miles per gallon bility as a nation, as families, and as 13,602, and look at the number here: in 1967 to 12.9 miles per gallon in 1973. individuals. Personal responsibility 34,225. Today we face even more embar- says we need better cars and better What I am telling you is, how could rassing statistics. Today we consume trucks that are more fuel efficient. We Detroit miss this? When we look at the more than 3 gallons of oil per capita in need to challenge all manufacturers of big numbers, the total sales for these the United States, whereas other in- cars and trucks, foreign and domestic, cars for hybrids sold, total hybrids sold dustrialized countries consume 1.3 gal- to meet these standards so that we are in 2004 before we ended up having an lons per capita per day, and the world not warping the market, we are setting American car on the market was 83,000 average is closer to a half a gallon per a standard for the whole market. vehicles. Where was Detroit? Where are capita per day. We use four times more Unfortunately, there is strong oppo- they now? The only place one can turn oil than any nation. sition to this notion. Some of those is a Ford Escape hybrid. What are they The amendment I am proposing who oppose it have the most negative waiting for? Do they want the Japa- would increase passenger fuel economy and backward view of American tech- nese to capture another major market standards by 12.5 miles per gallon over nology that you can imagine. before they even dip their toe in the the next 11 years, increasing fuel econ- We understand now from reliable sci- water? omy standards for nonpassenger vehi- entific sources—in particular the Na- We have to understand that there is cles by 6.5 miles per gallon in the same tional Academy of Sciences—that we demand in America for more fuel-effi- time period, for a combined fleet aver- have technologies and can improve fuel cient cars. We also have to understand age of nearly 34 miles per gallon. I am efficiency of trucks by 50 to 65 percent the technology is there to dramatically increasing it 5.3 miles per gallon over and cars by 40 to 60 percent. But De- increase gas mileage. This Ford Escape current plans. Current NHTSA rule- troit is so wedded to the concept of hybrid my wife and I drive is getting a making would only raise it to 22.2 selling these monster SUVs and big little better than 28 miles a gallon. I miles per gallon by 2007. cars that they will not use it. They will wish it were a lot better. Sadly, some The average mileage of U.S. pas- not use the technology that is cur- of the Japanese models are a lot better. senger vehicles peaked in 1988 at 25.9 rently there. At least it is better than the average miles per gallon and has fallen to an We are dealing now with hybrid tech- SUV by a long shot and better than estimated 24.4 in 2004. nology. Let me tell a little story about most cars we buy. They can do a lot Let me show one chart which graphi- hybrid technology. better if Ford, General Motors, and cally demonstrates the sad reality. Re- First let me tell you what we are Chrysler would wake up to the reality. member the oil embargo I talked dealing with on the overall picture. Instead, they are stuck in the past. about, in 1973, the panic in America, This chart shows U.S. consumption of They are going to sell more this year of the demand that our manufacturers of oil in the transportation sector. As we what they made last year. They cannot

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7253 just look ahead as, unfortunately, their Let’s create an incentive for Detroit Mr. NELSON of Florida. Would it not competitors in Japan have done. and for Tokyo. Let’s create an incen- be something if we could start to have The National Research Council puts tive for all manufacturers that are sell- all new vehicles be required, in some away this argument that we cannot ing cars in the United States, an incen- way, to be hybrid and/or higher miles have a fuel-efficient car that is safe. tive that lessens our dependence on for- per gallon standard, if that were com- The National Research Council’s recent eign oil, cleans up the air, and gives us bined with an additional thing like eth- report found that increases of 12 to 27 safe vehicles using new technology. anol into gasoline, ethanol that could percent for cars and 25 to 42 percent for Those who are convinced that America be made more cheaply, perhaps from trucks were possible without any loss cannot rise to this challenge do not prairie grass—that is on 31 million of performance characteristics or deg- know the same Nation I know. We can acres; all it needs to be is cut—instead radation of safety. rise to it. We can succeed. We can meet of a more expensive process of corn, al- What we know now is that we have our energy needs in the future by mak- though that certainly is a good source the technology to make a more fuel-ef- ing good sense today in our energy pol- of ethanol. Would we not start to see ficient car. They do not have to be so icy. exponentially our ability to wean our- dinky you would not want to drive in Mr. NELSON of Florida. Will the selves from dependence on foreign oil? them. They accommodate a family, Senator yield? Mr. DURBIN. The Senator from Flor- and you do not compromise safety in Mr. DURBIN. Mr. President, how ida has a vision that I share, and that the process. much time have I consumed? is alternative fuels, fuels that are re- Look at history. The automobile in- The PRESIDING OFFICER. The Sen- newable such as those the Senator has dustry in America has resisted change ator from Illinois has 22 minutes re- described, ethanol and biodiesel, and for such a long time. I can remember as maining. vehicles that do not use as much fuel. a college student when they came out Mr. DURBIN. I will be happy to yield Senator OBAMA and I have a public with all the exposes about the dangers to the Senator from Florida. meeting every Thursday morning, and of the Corvair. Oh, Detroit just denied Mr. NELSON of Florida. I thank the there was a real sad situation today. A it completely. The auto industry, Senator for laying out so clearly the group of parents brought in children sadly, has fought against safety belts, fact that we are so dependent on for- with autism to talk about that terrible airbags, fuel system integrity, manda- eign oil. If we really want to do some- illness and the challenges they face. tory recalls, side impact protection, thing about it—as the Senator has ex- More and more of that illness, and oth- roof strength, and rollover standards. I plained by the charts, it is clear that ers, are being linked to mercury. am not surprised they are fighting most of the oil that is consumed in Whether it is in a vaccine, I do not against fuel efficiency, but I am dis- America is consumed in the transpor- know; whether it is in the air, most appointed. They just don’t get the mar- tation sector and most of the oil that certainly it is. If we can reduce emis- ketplace. As the price of oil goes up is consumed in the transportation sec- sions by reducing the amount of fuel and the price of gas goes up, Americans tor is consumed in our personal light that we burn, would my colleagues not want an alternative—a safe car they vehicles. So if we really want to do believe we would be a healthier nation? can use for themselves and their family something about weaning ourselves Maybe there would be fewer asthma that is fuel efficient. from dependence on foreign oil, of victims. Maybe some of these poor kids Let me talk about the loss of jobs. which almost 60 percent of our daily who are afflicted with respiratory prob- The argument is made that if we have consumption of oil is coming from for- lems would be spared from them. more fuel-efficient cars, we are just eign shores, this is where we can make I cannot believe people can ration- going to be giving away American jobs. a difference. ally stand on the Senate floor and say It comes from the same industry where Mr. DURBIN. The Senator from Flor- what we need is to give Americans a General Motors announced 2 weeks ago ida is correct. I will tell him I know choice of driving a car that burns gaso- they were laying off 25,000 people, and what I am up against. I think the Sen- line and gets 6 miles per gallon; boy, Ford announced they were laying off ator from Florida, being a realist, does that is the American way. Well, that is 1,700 this week. They have to see the too. When you have the major auto- selfish. It really is. We ought to be writing on the wall. Their current mod- mobile manufacturers who are fright- looking at national goals that bring us, els are not serving the current market. ened by the challenge—they are afraid as an American family, together to do Their sales are going down while the of this challenge. They do not think the responsible thing. sales from foreign manufacturers are they can meet it. They have been beat- Mr. NELSON of Florida. I thank the going up. en to the punch by Japan when it Senator for being so eloquent in laying There was an auto industry expert on comes the hybrid cars. Instead, they out what is a looming crisis. The crisis NPR a few weeks ago, Maryann Keller. started talking about hydrogen fuel ve- is going to hit us. We may not suspect She said: hicles. That may happen in my life- it. It may hit us in the way of radical General Motors has been focused in the time, but it is just as likely it will not Islamists suddenly taking over major United States on big SUVs and big pickup happen in my lifetime. Instead of deal- countries where those oilfields are, trucks. . . . It worked as long as gas was ing with hybrid vehicles that are al- cheap, but gas is not cheap . . . They really such as Saudi Arabia. If that occurs, have not paid attention to fuel economy ready successful with consumers in Lord forbid. Then we are going to have technology, nor have they paid attention to America, they are afraid of this chal- a crisis, and we are going to be wishing developing crossover vehicles which have lenge. Because they are afraid of this that we were not so dependent on for- better fuel economy. They’ve just been very challenge, they throw up all of these eign oil, as we are now. late to the party and that’s probably their arguments: oh, that car is going to be Mr. DURBIN. I thank the Senator. I primary problem today in the marketplace. a golf cart, it is going to be so tiny if yield the floor and reserve the remain- We ought to ask the American people it is fuel efficient, it is not going to be der of my time. what they want. We are going to hear safe; there is just no way that Amer- The PRESIDING OFFICER. Who a lot of people stand up and say what ican engineers can even figure out how yields time? they want. I will tell you what the lat- to make them. The Senator from Missouri. est polls say: 61 percent of Americans I do not buy it. I think, as I said to Mr. BOND. Mr. President, I yield my- favor increasing fuel-efficiency require- the Senator and others who are listen- self 15 minutes. ments to 40 miles a gallon. They get it; ing, the technology is there. We do not I rise to address some of the lingering they understand it. The problem is have to compromise safety. What is questions regarding Corporate Average they can’t buy it. If you want to buy an wrong with the challenge? What is Fuel Economy, or CAFE standards. I American car that meets this goal in wrong with the challenge from the was hoping this debate would not be your family’s mind, there is only one President and the Congress asking the necessary because we have debated it, out there. Some will come trailing manufacturers selling cars in America we have resolved it, we have set a proc- along in a year or two, but the Japa- to make them more fuel efficient? This ess in place, and it is working. Obvi- nese have beaten us to the punch legislation does not do it; my amend- ously, we are here again. We have been again. ment would. through this CAFE debate in the 107th

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7254 CONGRESSIONAL RECORD — SENATE June 23, 2005 and 108th Congresses, and with the Furthermore, modifications need On June 17, this month, I received a Durbin amendment before us we get to time to be implemented. According to letter from the UAW regarding CAFE go through it once again in this Con- the National Academy of Sciences: amendments, such as the Durbin gress. Surely, my colleagues remember Any policy that is implemented too aggres- amendment, which speaks volumes that both of the previous CAFE amend- sively (that is, too much in too short a pe- about the detrimental impact that fur- ments in the last two Congresses were riod of time) has the potential to adversely ther CAFE increases could have on the soundly defeated. affect manufacturers, suppliers, employees automotive industry. The letter states and consumers. Why were they? Because Members of that: The NAS further found that no car or this body realize that CAFE is a com- the UAW continues to strongly oppose these truck can be prepared to reach the 40 plex issue that requires thought and amendments because we believe the in- miles per gallon or 27.5-mile-per-gallon scientific analysis, not just political creases in CAFE standards are excessive and level required for fleets within 15 years. rhetoric. discriminatory, and would directly threaten The Durbin amendment would require thousands of jobs for UAW members and The Bond-Levin amendment that was it in 11. That makes it clear that if we other workers in this country. passed in 2003 by a vote of 66 to 30 re- try to shove unattainable standards It further states: quires the National Highway Traffic down the throats of automakers, the In light of the economic difficulties cur- Safety Administration, or NHTSA, to workers and the companies, we will rently facing GM and Ford, the UAW be- increase CAFE standards as fast as have a problem. lieves it would be a profound mistake to re- technology becomes available. It is a What will we have achieved by doing quire them now to shoulder the additional scientific test based on science, not so? There is the false perception that economic burdens associated with extreme, politics. the Federal Government has done discriminatory CAFE standards. This could We must recognize at the beginning nothing to address CAFE standards. have an adverse impact on the financial con- that the Durbin amendment costs dition of these companies, further jeopard- Nothing could be further from the izing production and employment for thou- lives, costs U.S. jobs, and deprives con- truth. On April 3, 2003, NHTSA set new sands of workers throughout this country. sumers of their basic free will to standards for light trucks for the However, the UAW does strongly sup- choose the vehicle that best fits their model years 2005 through 2007. These port the newly introduced Bond-Levin needs and the needs of their families. standards are 21 miles per gallon this amendment requiring NHTSA to con- Neither the lives of drivers or pas- year; 21.6 next year; and 22.2 the fol- tinue the rulemaking efforts to issue sengers on our Nation’s highways nor 1 lowing year. This 1 ⁄2-mile-per-gallon new fuel economy standards for cars the livelihood of autoworkers and their increase during this 3-year-period more and light trucks, based on a wide range families should be placed in jeopardy than doubles the last increase in light of factors such as technological feasi- so Congress can arbitrarily increase in- truck CAFE standards that occurred bility and the impact of CAFE stand- feasible and scientifically unjustified between 1986 and 1996. This recent in- ards. I ask unanimous consent that the standards for fuel efficiency. crease is the highest in 20 years. In addition, by April 1 next year, letters be printed in the RECORD. Any fuel efficiency standard that is There being no objection, the mate- NHTSA will publish new light truck administered poorly, without a sound rial was ordered to be printed in the CAFE standards for model year 2008 scientific analysis, will have a dam- RECORD, as follows: aging impact on automobile plants, and possibly beyond. Most stakeholders INTERNATIONAL UNION, UNITED suppliers, and the fine men and women expect a further increase in CAFE standards for these years as well. AUTOMOBILE, AEROSPACE, & AGRI- who build these vehicles. CULTURAL IMPLEMENT WORKERS It is important to understand that There have been many arguments OF AMERICA—UAW that a large increase in CAFE stand- NHTSA is doing this, utilizing sci- Washington, DC, June 17, 2005. ards is needed to pressure automakers entific analysis as a basis for these in- DEAR SENATOR: Next week the Senate is creases. We must proceed with caution to invest in new technologies which scheduled to continue debate on the com- because higher fuel economy standards, prehensive energy legislation. At that time, will consistently increase automobile based on emotion or political rhetoric, the Senate may consider a number of amend- fuel efficiency. Automobile manufac- not sound science, can strike a major ments relating to Corporate Average Fuel turers already utilize advanced tech- blow to the economy, the automobile Economy (CAFE) standards. nology programs to ensure the im- The UAW strongly supports the Levin- industry, auto industry jobs, and our provement of fuel efficiency, the reduc- Bond amendment which would require the Nation. Highway safety and consumer tion of emissions and driver and pas- Department of Transportation to engage in choice will also be at risk. senger safety, and they are being rulemaking to issue new fuel economy stand- Letting NHTSA promulgate stand- ards for both cars and light trucks, taking pushed to do so by NHTSA regulations. ards is the appropriate way to do it, into consideration a wide range of factors, Auto manufacturers are constantly in- and that is what almost two-thirds of including technology, safety, and the impact vesting capital in advanced technology the Members of this body decided when on employment. This amendment is similar research by the integration of new we brought the last Levin-Bond amend- to the Levin-Bond amendment that was ap- products, such as hybrid electric and proved by the Senate in the last Congress. ment before us. alternative fuel vehicles and higher The UAW supports the approach contained in In an April 21 letter this year, Dr. this amendment because we believe it can fuel efficiency vehicles. So far, the Jeff Runge, Director of NHTSA, said: auto industry has invested billions of lead to a significant improvement in fuel The Administration supports the goal of economy, without jeopardizing the jobs of dollars in developing and promoting improving vehicle fuel economy while pro- American automotive workers. these new technologies. Diverting re- tecting passenger safety and jobs. To this The UAW understands that Senators sources from further investments in end, we believe that future fuel economy McCain, Feinstein or Durbin may offer these programs in favor of arbitrarily must be based on data and sound science. amendments that I would mandate huge in- higher CAFE standards would place a Those advocating arbitrary increases creases in the CAFE standards. These stranglehold on the technological may try to avert any discussion of the amendments are similar to proposals that breakthroughs which are already tak- impact on jobs or dismiss the argu- have been considered and rejected decisively ing place. by the Senate in previous Congresses. The ment. However, I have heard from a UAW continues to strongly oppose these Alternative fuels, such as biodiesel, broad array of union officials, plant amendments because we believe the in- ethanol, and natural gas, have continu- managers, local automobile dealers and creases in the CAFE standards are excessive ously been developed to service a wide small businesses who have told me that and discriminatory, and would directly variety of vehicles. The automotive in- unrealistic CAFE standards cut jobs threaten thousands of jobs for UAW members dustry continues to utilize break- because the only way for manufactur- and other workers in this country. In our through technology which focuses on ers to meet these numbers is to make judgment, fuel economy increases of the the development of advanced applied significant cuts to light truck, minivan magnitude proposed in these amendments are neither technologically or economically science to produce more fuel-efficient and SUV production. But these are the feasible. The study conducted by the Na- vehicles, while at the same time pro- same vehicles that Americans continue tional Academy of Sciences does not support ducing innovative safety attributes for to demand and American workers such increases. The UAW is particularly con- these vehicles. produce. cerned that the structure of these proposed

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7255 fuel economy increases—a flat mpg require- NATIONAL CORN GROWERS women working directly in the auto- ment for cars and/or light trucks—would se- ASSOCIATION, motive industry, nor to the over 200,000 verely discriminate against full line pro- THE FERTILIZER INSTITUTE, men and women who work in auto-de- ducers, such as GM, Ford and NATIONAL MILK PRODUCERS pendent jobs in my State. DaimlerChrysler, because their product mix FEDERATION, But it is not just jobs. It is safety. contains a higher percentage of larger cars NATIONAL GRANGE, and light trucks. This could result in severe AMERICAN SOYBEAN According to the National Academy of disruptions in their production, and directly ASSOCIATION. Sciences: threaten the jobs of thousands of UAW mem- Without a thoughtful restructuring of the bers. MAY 13, 2005. program . . . additional traffic fatalities Furthermore, in light of the economic dif- Hon. PETE DOMENICI, would be the tradeoff if CAFE standards are ficulties currently facing GM and Ford, the Chairman, Senate Energy and Natural Re- increased by any significant amount. UAW believes it would be a profound mistake sources Committee, Washington, DC. You see, we have learned in the past to require them now to shoulder the addi- DEAR CHAIRMAN DOMENICI: The Senate En- that when you have politically inspired tional economic burdens associated with ex- ergy and Natural Resources Committee will treme, discriminatory CAFE increases. This soon consider various energy-related provi- CAFE increases which cannot be could have an adverse impact on the finan- sions and amendments to the comprehensive achieved with technological means, the cial condition of these companies, further energy bill which passed the U.S. House of only way of achieving them is by mak- jeopardizing production and employment for Representatives a few weeks ago. It has ing the cars lighter, 1,000 pounds to thousands of workers throughout this coun- come to our attention that amendments may 2,000 pounds lighter. try. be forthcoming calling for increases to the Do you know what. More people die The UAW continues to believe that im- Corporate Average Fuel Economy (CAFE) provements in fuel economy are achievable in those smaller cars than in the full- standards including light trucks. The organi- size cars that they replace. Since it over time. But we believe that the best way zations listed below strongly oppose any in- to achieve this objective is to provide tax in- crease in CAFE standards. began, we are running about 1,500 centives for domestic production and sales of Our opposition is based on concerns that deaths a year. In August of 2001, the advanced technology (hybrid and diesel) ve- such a federal mandate will have a negative NAS issued a report which found that hicles, and to direct the Department of impact on consumers and translate directly between 1,300 to 2,600 people in 1993 Transportation to continue promulgating into a narrower choice of vehicles for Amer- alone were killed in these smaller new fuel economy standards that are eco- ica’s farmers and ranchers, who depend on automobiles. It is not just smaller nomically and technologically feasible. affordable and functional light trucks to per- Thank you for considering our views on automobiles hitting larger auto- form the daily rigors of farm and ranch mobiles—43 percent of those deaths these important issues. work. Our groups cannot support standards Sincerely, that increase the purchase price of trucks, were in single-car accidents. ALAN REUTHER, while decreasing horsepower, towing capac- My colleague from Illinois has sug- Legislative Director. ity, and torque. In addition, recent studies gested we disregard these statistics as indicate that an aggressive increase in the estimates. These are not estimates, JUNE 16, 2005. CAFE standard for light trucks could add these are dead people. These are people Hon. BILL FRIST, over $3,000.00 in the purchase price per vehi- who died from politically inspired Senate Majority Leader, cle. This would result in yet another added CAFE. That is what we are talking Washington, DC. production cost for U.S. farmers and ranch- DEAR MAJORITY LEADER FRIST: The U.S. about. Excessive CAFE standards pres- ers that cannot be passed on when selling Senate is in the process of considering var- farm commodities. sure automobile manufactures to re- ious energy-related provisions and amend- On behalf of farm and ranch families across duce the weight for light trucks, com- ments to the comprehensive energy bill the country who rely on affordable light pletely do away with larger trucks which passed the Committee on Energy and trucks and similar vehicles for farming and used for farming and other commercial Natural Resources earlier this month. It has transportation needs, we urge you to oppose purposes. come to our attention that amendments may any amendments calling for an increase in be forthcoming calling for increases to the My colleague from Illinois mentioned CAFE standards. golf carts—yes, golf carts would com- Corporate Average Fuel Economy (CAFE) Sincerely, standards including light trucks. The Com- ply. But certainly the pickup trucks National Cattlemen’s Beef Association, that a lot of farmers in my State drive mittee on Energy and Natural Resources de- Public Lands Council, The Fertilizer feated similar amendments, in a bipartisan Institute, National Corn Growers Asso- would not make it. way. The organizations listed below strongly ciation, National Grange, American If an increase in fuel economy is oppose any increase in CAFE standards. Farm Bureau Federation, Agricultural brought about by encouraging Our opposition is based on concerns that Retailers Association, National Milk downsizing, weight reduction, or more such a federal mandate will have a negative Producers Federation, National Asso- impact on consumers and translate directly small cars, it will cause additional ciation of Wheat Growers. into a narrower choice of vehicles for Amer- traffic fatalities. The notion that peo- ica’s farmers and ranchers, who depend on Mr. BOND. This is very important to ple’s lives and safety are hanging in affordable and functional light trucks to per- know because 1 out of every 10 jobs in the balance because of unwarranted form the daily rigors of farm and ranch our country is dependent on new vehi- CAFE increases should cause all of us work. Our groups cannot support standards cle production and sales. The auto in- some concern. The ability to have a that increase the purchase price of trucks, dustry is responsible for 13.3 million choice of the vehicle assures the safety while decreasing horsepower, towing capac- jobs, or 10 percent of private sector of one’s family. It should not be a sac- ity, and torque. In addition, recent studies indicate that an aggressive increase in the jobs. Auto manufacturing contributes rifice that must be made in favor of ar- CAFE; standard for light trucks could add $243 billion to the private sector, over bitrary fuel efficiency standards. over $3,000.00 in the purchase price per vehi- 5.6 percent of the private sector com- I don’t want to tell the people in my cle. This would result in yet another added pensation. Every State in the Union is State or any other State they are not production cost for U.S. farmers and ranch- an auto State. Let us take a look at allowed to purchase an SUV because ers that cannot be passed on when selling that chart. The occupant of the chair is Congress decided it would not be a good farm commodities. from North Carolina. That has 158,000. choice. That sounds like the command On behalf of farm and ranch families across the country who rely on affordable light The State of Illinois has 311,000. My and control economy of the Soviet trucks and similar vehicles for farming and State has 221,000. The State of Michi- Union. transportation needs, we urge you to oppose gan has 1,007,500. Another very important point is the any amendments calling for an increase in I have heard it said that we should impact of increased CAFE standards on CAFE standards as well as any amendment not worry about these jobs. The pro- consumer choice and affordability. De- which will have the effect of increasing those ponents of the amendment to increase spite the record high cost of gasoline standards. it say that it is not going to do any sales, light truck sales have continued Sincerely, harm. to skyrocket. In the past 25 years, sales NATIONAL CATTLEMEN’S But if you adopt this amendment you of light trucks have almost tripled. In BEEF ASSOCIATION, AMERICAN FARM BUREAU can kiss tens of thousands of good, March of 2005, full-size pickup trucks FEDERATION, high-paying, American, union manu- occupied three of the top five sales po- AGRICULTURAL RETAILERS facturing jobs goodbye. I am not will- sitions, including the No. 1 and 2 spots. ASSOCIATION, ing to do that to the 36,000 men and From these numbers and from these

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7256 CONGRESSIONAL RECORD — SENATE June 23, 2005 charts it is obvious that consumers We must talk about what is techno- The PRESIDING OFFICER. The Sen- consistently favor safety, utility, per- logically feasible and what will ator from Missouri has 241⁄2 minutes. formance, and other characteristics produce better fuel economy, while Mr. LEVIN. Is the time combined on over fuel economy. The only way to continuing to preserve and produce the two amendments? stop sales of these vehicles would be to jobs, and not risk the lives of drivers The PRESIDING OFFICER. The Sen- enact Soviet-style mandates, declaring and their families on our nation’s ator from Illinois has 17 minutes re- that auto manufacturers could no roads. We must continue to ensure the maining. longer produce light trucks and SUVs, safety for parents and their children, Mr. LEVIN. That is on both amend- and consumers could no longer buy and we must not throw out of work the ments combined? them. wonderful American men and women The PRESIDING OFFICER. That is Some people in this body apparently who are making these automobiles in correct. believe our fellow Americans cannot be my state and across the entire nation. Mr. BOND. I yield 15 minutes to the trusted to make the right choice when In light of this, Senator LEVIN and I Senator from Michigan. purchasing a vehicle. As far as I am have reintroduced an amendment that The PRESIDING OFFICER. The Sen- concerned, when you get down to hav- was ‘‘ adopted by the Senate in the pre- ator from Michigan is recognized. ing the Government making the choice vious two Congresses, which maintains Mr. LEVIN. Mr. President, first let or the consumer making the choice, I the authority of the National Highway me thank Senator BOND for his work am with the consumer. Traffic Safety Administration—subject on this amendment, which offers an al- Just how arbitrary would these to public comment—to determine pas- ternative, a rational alternative. This CAFE cost increases be to consumers? senger auto standards based upon the alternative would allow the agency The CBO last found that raising fuel ‘‘maximum feasible’’ level. Under the that is the expert to weigh all the fac- standards for cars and trucks by 4 Bond-Levin Amendment, determina- tors that should go into a rulemaking miles per gallon could cost consumers tions to this feasibility level include and to raise CAFE standards in a log- as much as $3.6 billion. the following factors: ical and rational and scientific way I also have a copy of a recent letter No. 1. Technological feasibility; rather than a totally arbitrary way, that was sent to Chairman DOMENICI No. 2. Economic Practicability; which is what the Durbin amendment and Majority Leader FRIST from a con- No. 3. The effect of other government does. sortium of agricultural organizations motor vehicle standards on fuel econ- Of course, we want to raise CAFE which states that ‘‘recent studies indi- omy; standards. We want to do it in a way cate that an aggressive increase in No. 4. The need of the nation to con- that protects the environment and pro- CAFE standards for light trucks could serve energy; tects jobs in America. But we do not add over $3,000 to the purchase price No. 5. The desirability of reducing want to do it in a way that will not per vehicle. It is signed by the National U.S. dependency on foreign oil; protect the environment and will de- Cattlemen’s Association, the National No. 6. The effects of fuel economy stroy jobs in America at the same Corn Growers, the American Farm Bu- standards on motor vehicle safety, and time. reau, National Milk Producers and the passenger safety; We need to improve fuel economy, National Association of Wheat Growers No. 7. The effects of increased fuel but how we increase it is critical. That among others. They oppose these arbi- economy on air quality; is the main point I am going to make. trary increases because they believe No. 8. The adverse effects of in- You need to do it, but how we do it is they will have a negative impact on creased CAFE standards on the com- critical. The question is whether we consumers, and translate directly into petitiveness of U.S. manufacturers; are going to do it through a rule- a narrower choice of vehicles for Amer- No. 9. The effects of CAFE Standards making on the part of an agency look- ica’s farmers and Ranchers, who de- on U.S. employment; ing at all the relevant factors, and I am pend on affordable and functional light No. 10. The cost and lead time re- going to list them in a moment or trucks to perform the I daily rigors of quired for the introductions of new whether we are going to just pick a farm and ranch work. I submitted this technologies; and number out of the air. The number of letter for the RECORD. No. 11. The potential for advanced the Senator from Illinois is 40—just go Finally, I must to dispel the myth hybrid and fuel cell technologies. to 40 miles per gallon on the fleet and that CAFE increases reduce our Na- Every factor, which I have just men- at the same time, by the way, just add tion’s dependence on foreign oil. Ac- tioned, must play a major role in the trucks to the car fleet for the first cording to the American International consideration of setting future fuel ef- time. It is not just cars now that have Automobile Dealers: ficiency standards for vehicles. The to get to 40 miles per gallon under the Despite the claims of CAFE advocates, ex- Bond-Levin amendment provides for proposal of the Senator, but we add perience shows that CAFE does not result in the reduction of oil imports. The import these impacts and leaves it to the ex- minivans and sport utility vehicles to share of U.S. oil consumption was 35% in perts at NHTSA to develop viable that fleet—and it is done arbitrarily. It 1974. Since that time, new car fuel economy standards based on this criteria and is not based on the considerations that has doubled but our oil imports share has sound scientific analysis. a rational agency should bring to bear climbed to almost 60%. The Bond-Levin amendment also ex- on rulemaking, which is what NHTSA In that 30 year time frame, the con- tends the flexible fuel or ‘‘duel fuel’’ is there for. sumption of gasoline has increased and credit to continue to provide incentives Instead we are going to 40 miles per not decreased. The bottom line is that for automakers to produce vehicles gallon for the whole fleet. We are after 30 years of CAFE standards, our that are capable of running on alter- throwing trucks into the car fleet to nation is more dependent on foreign oil native fuels such as ethanol/gasoline boot. It is a triple whammy to Amer- than ever before. blends. So far these incentives have ican jobs in the Durbin amendment. I believe that there are other better been successful in putting more than 4 The first whammy is that the numbers ways to reduce our Nation’s depend- million alternative fuel vehicles on our that he picks are total arbitrary num- ence on foreign oil than massive in- nation’s roads. This will be another bers: 40 miles per gallon, and he adds creases in CAFE standards. These in- positive step in helping our Nation re- two of the three types of light trucks clude promoting the development and duce its dependence on foreign oil. to the car fleet. use of alternative fuels such as eth- Again, this debate is about safety, Rather than legislating an arbitrary anol, bio-diesel and natural gas. We jobs, consumer choice and sound sci- number, what the Bond-Levin amend- should pass legislation that encourages entific analysis. ment does is to tell NHTSA to take a the development of advance fuel tech- I urge my colleagues to oppose the number of important considerations nology such as hybrid and fuel cell ve- arbitrary and unscientific Durbin into account when setting the level of hicles that utilize hydrogen and other amendment, and to support the Levin- the standard. Here are the 13 factors sources of energy. We should also focus Bond 2nd degree amendment. that we tell NHTSA to consider. We on increasing domestic supplies I of en- I yield to my colleague from Michi- think we have found and identified ergy that include oil and natural gas. gan—how much time does he want? every rational standard or criterion

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7257 which they ought to look at in setting Let’s just take four vehicles. This is That is what the CAFE system does. this number. a comparison of vehicle fuel economy, Toyota has ‘‘headroom’’—and I will First, maximum technological feasi- pound per pound. We are looking at ve- give you the numbers in a moment—to bility. hicles of the same size. sell huge additional numbers of their Second, economic practicability. Here is an example of a large SUV. vehicles but a company like GM does Third, the effect of other Govern- The Chevrolet Suburban weighs 6,000 not. That does nothing for the environ- ment motor vehicle standards on fuel pounds. The Toyota Sequoia weighs ment. Quite the opposite, it slightly economy—because we have other 5,500 pounds. So the Sequoia, in this hurts the environment. But call it a standards, in terms of clean air and case, is actually lighter than the Sub- draw. It does nothing for the environ- emissions, which bear on fuel economy. urban. But the Sequoia, Toyota, is less ment, and it damages American jobs. Someone, NHTSA, should take that fuel efficient—although it is slightly That is an inherent defect in the CAFE into account. lighter—than the Chevrolet Suburban. system. The Durbin amendment exac- Fourth, the need to conserve energy. The Jeep Liberty, 19 miles per gallon; erbates that defect because it builds Fifth, the desirability of reducing the Toyota 4Runner, slightly less fuel into the system an even larger number U.S. dependence on foreign oil. efficient, although they are the same that must be met. Next, the effect on motor vehicle weight, 4,500 pounds. By the way, these are the numbers I safety. This is a point which Senator The example of a large pickup truck, said a moment ago. This is the head- BOND has made, which the National the Chevrolet Silverado gets 18 miles room, the additional sale of large Academy of Sciences has commented per gallon, the Toyota Tundra gets 17 pickups or SUVs allowed under CAFE. on. miles per gallon. They both weigh the Toyota can sell an additional 1.8 mil- Next, the effects of increased fuel same amount, 4,750 pounds. The Toyota lion vehicles and still meet the CAFE economy on air quality. Tundra, slightly less fuel efficient than standard. Honda can sell an additional Next, the adverse effects of increased the Chevrolet Silverado. 2.6 million vehicles and still meet the fuel economy standards on the relative The Chevrolet Venture and the Toy- CAFE standard. But GM cannot sell competitiveness of manufacturers. ota Sienna both weigh exactly the any additional vehicles. But that is not Next, the effect on U.S. employment. same, 4,250 pounds. The Chevrolet Ven- because the Toyota and Honda vehicles Next, the cost in lead time required ture is slightly more fuel efficient than are more fuel efficient. I cannot say for introduction of new technologies. the Toyota Sienna. that enough times. It is not because Next, the potential for advanced The point of this is to try to bring to they are more fuel efficient. They are technology vehicles, such as hybrid and bear the fact that, when you have vehi- not more fuel efficient. At best, they fuel cell vehicles, to contribute to sig- cles of about the same weight, you are even. nificant fuel usage savings. have about the same fuel economy, in What good does it do to tell folks: Next, the effect of near-term expendi- these cases slightly better fuel econ- You can buy a Tundra but not a tures required to meet increased fuel omy on the part of the Chevrolet and Silverado? Why are we doing that to economy standards on the resources the Jeep, than we do the Toyota. ourselves? It is not for the environ- You never get that impression from available to develop advanced tech- ment because it is no more environ- the charts that we see from the Sen- nologies. mentally friendly. Why are we doing ator from Illinois. That is not the im- Finally, to take into account the re- that to ourselves? Why are we doing pression that you get. He says that port of the National Research Council that to American jobs? Toyota does everything more effi- entitled ‘‘Effectiveness and Impact of The growth in sales of the imported ciently, they do all the hybrids. We, on Corporate Average Fuel Economy vehicles is dramatic. It overwhelms the the other hand, do all the big vehicles. numbers of hybrids being sold. My dear Standards.’’ We do not make all the big vehicles. Those are 13 factors that ought to be friend from Illinois shows on his chart As a matter of fact, the growth in the hybrid sales of something like 35,000. considered in a rulemaking, instead of sale of Toyotas and Hondas, when it just an arbitrary seizure on a number Meanwhile, Toyota’s truck sales in- comes to light trucks primarily pick clude 700,000 pickup trucks and SUVs that is then put into law and imposed up trucks and SUVs is dramatically on everybody arbitrarily. this year. The impression of my col- greater than anything they are doing league’s chart is, look at all of the hy- The Durbin amendment, in addition in the area of hybrids. Their hybrid to adopting an arbitrary number, wors- brids they are selling. But this is a pea- sales are a peanut compared to the nut compared to the number of large ens the discriminatory features of the growth in light truck sales. Hybrids existing CAFE system because there trucks they are selling. So do not say represent 1 percent of the market, but the Big 3 are selling all the large vehi- are inherent discriminatory features in when you look at the light truck sales that system that give an unfair com- cles and let everyone else off the hook. on the part of Toyota and Honda, there They are all selling a lot more large petitive advantage to foreign auto- are dramatic increases in numbers of motive manufacturers while not bene- trucks than they are hybrids. sales of those vehicles. That is not be- Mr. BIDEN. Will the Senator yield? fiting the environment. The reason for cause they are more fuel efficient, they Mr. LEVIN. I am happy to yield. this is a bit complicated. I hope every are not. In some cases, they are slight- Mr. BIDEN. Why don’t we change the Member of this body will look very ly less. Let’s assume they are the standard, the CAFE standard? Why is hard at the CAFE system and not just same. The sale of those light trucks no one recommending that? Why don’t look at the amendments that are be- has nothing to do with their fuel effi- we say that every vehicle, based on fore us, but also look at the situation ciency. It has to do with legacy costs, weight, no matter where it is made, we have where CAFE already gives a but I am not going to get into that at must meet the same exact standard? discriminatory boost to imported vehi- this point. Why don’t we do that? cles. The CAFE system gives this So we have a situation where, be- Mr. LEVIN. It could be done. And boost, not because the vehicles are cause of the CAFE system, which is de- NHTSA has a right to do that under more efficient—because they are not. signed to look at the entire fleet aver- our bill if it is logical to do that. But The same size imported vehicles have age, because the imports have tradi- we should not set the number. We about the same fuel economy as the tionally had a lot smaller vehicles— could say to NHTSA, and it is a per- same size domestic vehicles. smaller trucks and SUVs in their fleet, fectly logical argument, it seems to me I want to give some examples. There they have a lot more ‘‘headroom’’ to that you should have the same mile per is no difference in terms of fuel econ- sell all the light trucks they want gallon standard for the same size vehi- omy. But the CAFE system, because of without being penalized under the cle. That is a logical argument. But the way it has been designed, gives a CAFE system. that is not what is in this amendment. discriminatory boost to imports be- It doesn’t do the environment one bit This builds on a defective system and cause the domestic manufacturers pro- of good to tell people you can buy a makes it worse. vide a full line of different sized vehi- Toyota Tundra but not a Chevrolet Mr. BIDEN. If the Senator will yield, cles, which results in a lower fleet av- Silverado. But that is what the CAFE I have trouble with the amendment of erage. system does. the Senator from Illinois, but I also

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7258 CONGRESSIONAL RECORD — SENATE June 23, 2005 have trouble with the amendment of they can make a giant Toyota truck piratory diseases and a major contributor to the Senator from Michigan. It seems to that gets poorer mileage or as poor the rising health care costs in America. me we have a problem, a big problem. mileage as our truck, and they get to These costs are, in turn, a major factor in I don’t think we can meet the standard sell it here because they have averaged the difficulty American manufacturers have in competing with foreign manufacturers. of the Senator from Illinois in time, out their fleet. It would be disingenuous to pretend that and I think it would damage American My question is, Why don’t we just the members of the Transport Workers jobs significantly. say, based on the weights of these vehi- Union do not have a major stake in reducing But I don’t understand why we do not cles, everybody has to meet the same the costs to the U.S. economy—accidents, bite the bullet and say, whether standard, not an average, because peo- death, healthcare, pollution cleanup, and en- NHTSA does it or not, you can’t drive ple are not buying two-seater 60-mile- forcement—of automobile use. Certainly a Toyota that gets less miles than a per-gallon vehicles here as they are in anything that would stop the extreme sub- Dodge Durango or an American-made Europe where it is $4 a gallon. That is sidizing of auto use in America and allow the marketplace to drive consumers to the most car because you have a fleet average. my question. efficient use of transportation resources The PRESIDING OFFICER. The Sen- Mr. DURBIN. Let me say to the Sen- would increase jobs for the rail and transit ator from Michigan should be advised ator from Delaware, if that is the loop- workers we represent. his time has expired. hole, I want to close it. But that is an important point. Tightening Mr. DURBIN. Mr. President, how Mr. BIDEN. I think it is. auto fuel efficiency standards would not, as much time is remaining on each side? Mr. DURBIN. I am concerned about some argue, reduce American jobs. It would The PRESIDING OFFICER. The Sen- what is sold in America. I am con- simply transfer them from one industry to ator from Illinois has 17 minutes; the cerned about the oil that is consumed another—to an industry which is not only Senator from Missouri has 9 minutes 20 highly unionized and highly compensated, in America and the gasoline consumed but which promotes the national interest of seconds. in America. I don’t care if Toyota security, a clean environment and lower Mr. DURBIN. I will speak for a few makes a car that is sold in Australia health care costs. minutes and yield to my colleague and and what the mileage might be. That is We urge you to vote for the Durbin fuel friend from Missouri. their concern. economy amendment to the energy bill. To the Senator from Delaware, I am For us to take the attitude or ap- Sincerely, talking fleet average. That applies to proach that we are not even going to ROGER TAUSS, German, Japanese, American cars—to hold the manufacturer to any higher Legislative Director, Transport Workers Union. all cars. The argument, buy a Toyota standards with fuel efficiency in my Tundra, do not buy a Chevrolet mind is a concession that we will be de- Mr. DURBIN. And I might also say Silverado that is not true. This is not pendent on foreign oil for as long as we the National Environmental Trust says a standard for American-made cars but can imagine. that by 2020, nearly 15,000 more U.S. a standard for cars sold in America The Senator from Missouri says I am autoworkers would have jobs because from wherever they are manufactured. engaged in a ‘‘Soviet survival’’ ap- of a higher fuel efficiency standard, a Yes, the rules will apply to American proach to the economy. I will just tell 14-percent increase in average annual manufacturers the same as they apply him that I don’t believe it was a So- growth in U.S. auto industry employ- to others. Don’t we want that? Isn’t viet-style approach which enacted ment, an auto industry that is declin- our goal to reduce the consumption of CAFE in the first instance and resulted ing in terms of the people who are oil in America and our dependence on in such a dramatic decline in our de- working there. foreign oil? I no more stand here and pendence on foreign oil. In terms of the savings, the Senator put a discriminatory amendment up for As to the argument that this kills from Missouri was troubled by the no- American manufacturers and workers jobs, the idea this kills jobs, I ask tion that American consumers would and say, You have to play to a higher unanimous consent to have printed in spend $3.6 billion for this new tech- standard than Japanese, German, the RECORD a letter of endorsement nology in these more fuel-efficient ve- Swedish, or whatever the source might from the Transport Workers Union of hicles. What the Senator does not ac- be of the other car. This is a fleet aver- America. Here is one union that sup- knowledge is that by making that in- age. It does not mean that every car ports it. vestment of $3.6 billion, under my has to meet this average. It is an aver- There being no objection, the mate- amendment the savings in fuel to con- age, which means there will be larger rial was ordered to be printed in the sumers will be over $110 billion; $3.6 bil- cars and larger trucks that will get RECORD, as follows: lion in new cars and trucks, $110 billion of savings to consumers. lower mileage, but there must be more TRANSPORT WORKERS UNION fuel-efficient cars that bring it to an OF AMERICA, So would you get rid of an old gas average number. Washington, DC, June 16, 2005. guzzler to have a more fuel-efficient Let me also talk about the unrealism DEAR SENATOR: On behalf of the 130,000 engine if it meant a trip to the gasoline of my proposal. For the record, increas- members of the Transport Workers Union station did not require taking out a ing the fuel efficiency of passenger cars and transit and rail workers everywhere, we loan at a local bank? Of course you urge you to vote for the Durbin CAFE by 121⁄2 miles per gallon over the next would. That is only smart and only amendment to the pending energy bill to sensible. 11 years, the argument that it is be- raise fuel economy standards. yond us, Americans cannot imagine The amendment requires all car companies Let me also say on the issue of safe- how we would do such a thing—NHTSA in America—both domestic and foreign—to ty, if you see the memo on safety on has required that trucks in our country increase average fuel efficiency. This is the vehicles involved, we know that we increase their fuel efficiency by 2.2 achievable with current technology and so have the potential here of building ve- miles a gallon over 2 years. So they are clearly in the national interest that it is dif- hicles that are safer and fuel efficient. improving by more than a mile a gal- ficult to understand how anyone could op- We have statistics that relate to cars lon over 2 years. My standard for all is pose it: and trucks sold, but, in fairness, these (1) National Security—in an era when the 1 are statistics in a period from 1994 and 12 ⁄2 miles over 11 years. Why is this United States is under attack from foreign such a huge technological leap? I don’t fanatics, it is of critical importance to re- 1997. I will assume SUVs are a lot safer think it is. duce our dependence on foreign oil imports, today. I yield for a short question on a lim- most especially when those imports support But if you think it is a given that an ited time. and subsidize those very nations which are SUV is safer than a car, the Honda Mr. BIDEN. I truly am confused. I the source of these attacks. Civic, at 2,500 pounds, had a year death don’t doubt what the Senator says. I (2) Air Pollution—Opponents of environ- rate of 47 per million registered vehicle don’t fully understand it. mental measures are fond of citing the need miles; a 5,500-pound vehicle—twice as It is a fleet average. Toyota makes for established, proven science. There is no large—four-wheel-drive Chevy Subur- dispute that auto emissions are one of the an automobile—I am making this up— major sources of air pollution in the modern ban had a death rate of 53 per million that gets 60 miles per gallon when peo- era. registered vehicle miles. Other popular ple drive around in Tokyo that they (3) Reducing Health Costs—Auto emissions SUVs are even more lethal during that will not sell here at all in order that are a major cause of asthma and other res- period: four-door Blazers, at 72 deaths

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7259 per million; the shorter-wheel-base but it is a very rare occurrence where factures whose production was concentrated two-door Blazer had an appalling 153 you can actually find the E85 fuel to in cars. Such a policy decision would impose deaths per million; the Explorer, 76; put in your car. Plus, we find when unequal costs on otherwise similarly situ- ated manufacturers.’’ (page 102) Jeep Grand Cherokee had 52; and of they are dual-fuel use vehicles, which course, in fairness, Toyota 4Runner, a the Senators rely on a great deal for The PRESIDING OFFICER. The Sen- large SUV, 126 deaths per million. their savings, fewer than 1 percent of ator’s time has expired. The Senator from Missouri. The notion that SUVs are automati- the people actually use the better fuel. Mr. BOND. Mr. President, I thank my cally safer—we know the problems They stick to the less fuel efficient colleague from Michigan. with rollovers, and we know that some source of energy for their car. They do I would say that, No. 1, NHTSA has of the difficulties with even the larger not use the E85 fuel. said they will consider basing light- cars have to be reconciled. To assume Sadly, the Bond-Levin amendment truck standards on vehicle weight or that a larger, bigger SUV is always will increase our 2015 oil consumption size, as the Senator from Delaware sug- safer is not proven by these numbers, by almost as much as we currently im- gested. The Senator from Illinois was these statistics. port from Saudi Arabia. So no more downplaying the CAFE increases by Let me also say what I propose would fuel efficiency, a response to the prob- NHTSA, but he just talked about them. apply to Toyota and Honda SUVs sold lem which is not realistic and, unfortu- The difference between the 1.5-mile- in America as well. I honestly believe nately, even more dependent on foreign per-gallon increase that NHTSA or- we should hold those to the same oil in the future. dered for light trucks—and they did standard. Mr. President, I reserve the remain- order it—and what he is proposing is Mr. BIDEN. Will the Senator yield? der of my time. that NHTSA’s was based on science and Mr. DURBIN. I am happy to yield. Mr. LEVIN. Mr. President, I wonder technology. Mr. BIDEN. I have trouble explaining if the Senator from Missouri would With that, Mr. President, I yield 4 to my Chrysler workers when I want to yield 30 additional seconds to me to put minutes to my friend from Missouri. raise the CAFE standard. They are not a statement in the RECORD. The PRESIDING OFFICER. The Sen- happy with me. I voted against it last Mr. BOND. I so yield, Mr. President. ator from Missouri. time. The PRESIDING OFFICER. The Sen- Mr. TALENT. Mr. President, I thank My friend from Michigan, if you can ator from Michigan. my friend for yielding me time. drive a Toyota into that Chrysler park- Mr. LEVIN. Mr. President, this is a Mr. TALENT. Mr. President, Mis- ing lot that gets less mileage than the National Academy of Sciences finding souri is an auto State. Each year the vehicle being made in that Chrysler about the CAFE system that the Sen- hard-working employees of six assem- plant under the way CAFE standards ator from Delaware made reference to. bly plants produce well over 1 million are set up, you would be able to do that It states: cars and light trucks that are shipped because the fleet average means you . . . one concept of equity among manufac- around the country. In fact, we have can drive in a big old Toyota getting 16 turers requires equal treatment of equiva- 221,000 auto-related workers in Mis- miles to the gallon or 17 miles to the lent vehicles made by different manufactur- souri. There are 6.6 million auto- gallon, but you could not drive the ers’’ that is, ‘‘equal treatment of equivalent workers around the country. I raise the Dodge Durango that gets 18 miles a vehicles made by different manufacturers.’’ question: What happens to our auto- gallon—1 mile better—because the fleet The NAS continues, ‘‘The current mobile economy, what happens to the average causes the Durango to be out CAFE standards fail this test.’’ workers, what happens to the people of the ballpark. That is what the Senator from Dela- who buy them, what happens to the That is my problem with all of this. ware was referring to. people on the highways if suddenly our That is why I cannot vote for what the Mr. President, I ask unanimous con- auto manufacturers are forced to make unreasonable changes in fuel economy Senator is suggesting even though I sent that the full paragraphs from the National Academy of Sciences study be standard? agree with the thrust of what he is say- When enacted, CAFE established a ing. That is why I have difficulty with printed in the RECORD. There being no objection, the mate- 14.6-mpg level for combined car and my friend from Michigan. He solves light truck fuel economy. That level that problem in a sense, but he does rial was ordered to be printed in the RECORD, as follows: increased to 17.5-mpg in 1982 and to not solve the larger problem of kicking 20.7-mpg in 1996. Since the early 1970s, the requirements higher. NATIONAL ACADEMY OF SCIENCES REPORT ON new vehicles have continued to become I thank the Senator. CAFE [2002] more fuel efficient. According to the Mr. DURBIN. How much time re- CAFE DISCRIMINATES AGAINST THE DOMESTIC EPA data, efficiency has increased mains? AUTO INDUSTRY steadily at nearly 2 percent per year on The PRESIDING OFFICER. The Sen- ‘‘. . . one concept of equity among manu- average from 1975 to 2001 for both cars ator from Illinois has 8 minutes 40 sec- facturers requires equal treatment of equiva- and trucks. Fuel economy rates in cars lent vehicles made by different manufactur- onds. have more than doubled in the past Mr. DURBIN. I also say about a ers. The current CAFE standards fail this test. If one manufacturer was positioned in generation, from 14.2 miles per gallon Bond-Levin amendment that will be of- in 1974 to more than 28.1 miles per gal- fered that it does not set goals for in- the market selling many large passenger cars and thereby was just meeting the CAFE lon in 2000. creased fuel economy for oil savings. standard, adding a 22-mpg car (below the Today’s light truck gets better mile- That is unfortunate. It gives the deci- 27.5-mpg standard) would result in a finan- age than the compact cars from the sionmaking over to the National High- cial penalty or would require significant im- 1970s. This bipartisan approach, offered way Traffic Safety Administration. provements in fuel economy for the remain- by Senator LEVIN and the Senior Sen- They do not have a very good track der of the passenger cars. But, if another ator from Missouri, KIT BOND, in- record in holding the automobile manufacturer was selling many small cars creases fuel economy. It does it in a and was significantly exceeding the CAFE maker selling in America to increased way that also allows the domestic fuel efficiency. standard, adding a 22-mpg vehicle would have no negative consequences.’’ (page 102) manufacturing industry in our U.S. I like dual E85 vehicles. I think those ‘‘A policy decision to simply increase the economy to thrive as well. The two are are sensible. Sadly, at this point, there standard for light-duty trucks to the same not mutually exclusive. We can accom- are very few places to turn to to buy level as for passenger cars would operate in plish both goals. If we rush to legislate the fuel. this inequitable manner. Some manufactur- higher CAFE standards it will have a My colleague, Senator OBAMA, was ers have concentrated their production in negative effect on the American econ- talking about a tax treatment that light-duty trucks while others have con- omy and on manufacturing jobs in would give incentives to set up these centrated production in passenger cars. But America. If we do it wrong, we will not E85 stations. It was, unfortunately, not since trucks tend to be heavier than cars and are more likely to have attributes, such as even benefit the environment the way included in this bill. I think it should four-wheel drive, that reduce fuel economy, we should. have been. Right now, there are pre- those manufacturers whose production was I drive a Ford, and I just toured the cious few to turn to. Dual-fuel use is concentrated in light-duty trucks would be Ford Motor plant in Kansas City. I lis- part of the Bond-Levin amendment, financially penalized relative to those manu- tened to the car manufacturers, the

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It puts in place a and Senator BIDEN both mentioned. of the 221,000 auto-related workers in rational and science-based system of The Japanese have been effective in Missouri. The Ford F150 pickup truck looking at many criteria which are rel- capturing more of the small-car mar- is made in Kansas City. They esti- evant to the question of where the new ket. American manufacturers have mated that an increase in CAFE stand- standards for fuel economy ought to be been more effective in capturing the ards to the 34-mpg that others are sug- instead of arbitrarily picking a number SUV and truck market. Now, the Sen- gesting would raise the price of the out of the air. CAFE should be ad- ator from Illinois says we missed a bet truck by $3,000. That is a lot of money dressed through a rational rulemaking by going after the truck and SUV mar- to a farmer or a construction worker process that is put in place by experts ket. Well, the Japanese don’t think so. considering a purchase. Adding $3,000 over a fixed period of time that then The Senator from Michigan made the or more to the sticker price of a new makes a decision on what the new point, they have been going like a SUV or truck hurts sales and it kills standards should be. Politicians who house afire to try to capture precisely jobs. This compromise offered by Sen- don’t fully understand the technologies that market. And the amendment of ators BOND and LEVIN is a reasonable involved should not arbitrarily set un- the Senator from Illinois would make measure that gives our U.S. auto- attainable CAFE standards. it much easier for them to do it. makers equal footing with their foreign As we struggle to get our economy The reason is, the trucks and the counterparts. The adverse effects of an moving again, we ought to be devel- SUVs we sell now are general fleet. increased fuel economy standard will oping proposals that will increase the They tend to be big and, therefore, have a negative effect on the relative number of jobs—not eliminate them. have somewhat lower mileage. So if the competitiveness of U.S. manufacturers. We are debating this obscure theory of amendment of the Senator from Illi- A higher fuel economy discriminates CAFE where foreign manufacturers are nois were adopted, the Japanese manu- against the American auto industry. relatively unconstrained by CAFE be- facturers could continue to sell lower The American-manufactured vehicles, cause of a fleet mix, not because they mileage bigger trucks and bigger SUVs like those made in Missouri, are just as are more fuel efficient class by class. and still comply with his standard fuel efficient as the imports. However, For those who say, too bad, we must under the CAFE laws. The result would they are put in a negative position, be- force the U.S. Big Three to build more be they would be able to capture the cause of the CAFE structure—the fact fuel-efficient cars and trucks, do you SUV and larger truck market. that it looks at a fleetwide average know that under CAFE it doesn’t mat- His amendment would not cause peo- rather than looking at class of vehicles ter what the companies manufacture ple to buy fewer large SUVs and compared to class of vehicles. Nothing and build? It is calculated based on trucks. It would cause them to buy is gained for the environment if an im- what the consumer buys. fewer American SUVs and American ported SUV is bought instead of an Our auto manufacturers can produce trucks. That is the point the Senator American-made SUV where the Amer- vehicles that get 40 miles per gallon. from Michigan and my friend from Mis- ican SUV is at least as fuel efficient as Sure, they can. They can produce elec- souri have made. the foreign SUV. Nothing is gained for tric vehicles which even do better than Now, the Senator from Illinois talks the air, but a lot of American jobs are that. The question is: Are there people about monster SUVs. I have to com- lost. This is the impact of a 36-mile- who want to buy them? Light trucks ment, people do not buy SUVs or per-gallon combined car/truck standard today account for about 50 percent of trucks because they have lower gas on five manufacturers. Honda only has GM sales, 60 percent of Ford sales, and mileage. They buy them generally for to increase theirs by 20 percent; Toy- 73 percent of DaimlerChrysler sales. reasons of safety or utility. We went ota, 36 percent; GM, 51 percent; Ford, 56 There are over 50 of these high econ- through this in my family. We used to percent; DaimlerChrysler, 59 percent. omy models in the showrooms across drive smaller cars. When we started Instead of saying the same size vehi- America today. But guess what. They having kids, my wife put her foot down cle will be subject to the same CAFE represent less than 2 percent of total and said: The car you have been driving standard, the same mileage standard, sales. Americans don’t want them. You would fold up like an accordion if you it lumps together all vehicles of a man- can lead a horse to water; you can’t ever got in an accident. We have kids ufacturer, and the results are, in my make him drink. You can lead the now. You have to get a bigger car. That judgment, bizarre and costs huge num- American consumer to a whole range of is the first time we bought an SUV. bers of American jobs without the ben- lightweight, automobiles, but you That kind of decisionmaking goes on efit to the environment. While CAFE can’t make them buy them. all over the United States. standards do not mandate that manu- Additionally, with the higher cost of Let me close by commenting on some facturers make small cars, they have new vehicles, farmers, construction of what the Senator from Illinois said had a significant effect on the designs workers and parents aren’t going to af- about our auto manufacturers. He was manufacturers adopt—generally, the ford the more expensive new light criticizing decisions they made and weights of passenger vehicles have been truck. More older, less efficient cars mentioning they are having difficult falling. Producing smaller, lightweight will stay on the road longer. How does economic times. It is true that our vehicles that can perform satisfac- that improve our air quality or reduce auto manufacturers are going through torily using low-power, fuel-efficient the need for imported oil? some troubled times. Is that a reason engines is the most affordable way for Let’s put this debate in perspective. to heap a new burden on them? It is automakers to meet the CAFE stand- Support the American autoworker, true they have not been as effective as ards. support the American economy, sup- any of us would have liked in capturing The only way for U.S. automakers to port the Levin-Bond amendment and the small-car market. Is that a reason meet the unrealistic numbers that oth- oppose the unreasonable proposal from to take the larger truck market from ers are proposing is to cut back signifi- Senator DURBIN. them? It is true that America relies cantly on the manufacturing of the Mr. President, I sure agree with what too much on overseas oil. Is that a rea- light trucks, minivans, and SUVs that the Senator from Delaware was saying, son to send our jobs overseas? the American consumers want, that and the Senator from Michigan, so I do We have an alternative in front of us the people of my State and the people not have to repeat it all. I want to that is going to encourage greater fuel of the other States want—to carry make what I think are four brief economy: higher mileage automobiles. their children around safely and con- points. It is working. It is rational and logical, veniently, to do their business. Let me clarify, whether you meet as the Senator from Michigan has said, Levin-Bond asks the Department of CAFE standards does not depend on the rather than arbitrary. It is the Bond- Transportation to consider rulemaking cars you offer to sell. It depends on the Levin amendment.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7261 I urge the Senate to adopt that Another concern is that an arbitrary available, and commercially appealing amendment and stay the course. It is standard would have a harmful effect to the average consumer. working, and it will protect American on public safety, as well as put a severe As a matter of fact, I have ridden in jobs. crimp in the manufacturing base of my a hybrid manufactured by I thank the Senate, Mr. President. I State of Ohio which is already under DaimlerChrysler and I have driven a yield whatever time I have. duress because of high natural gas fuel-cell automobile manufactured by The PRESIDING OFFICER. The Sen- costs, litigation, health care costs, and General Motors. I firmly believe that ator from Missouri. competition from overseas. my children and grandchildren will one Mr. BOND. Mr. President, I thank my In 2001, new vehicle sales of trucks, day be driving automobiles that run on friend from Missouri. SUVs, and minivans outpaced the sale hydrogen and give off only water. How- Mr. President, I ask unanimous con- of automobiles for the first time in ever, it will take time for the tech- sent that the Senator from Missouri, American history. This remarkable re- nology that makes these vehicles pos- Mr. TALENT, and the Senator from Ken- sult can be attributed to a number of sible to be cost-effective and for these tucky, Mr. BUNNING, be added as co- factors, but one reason that is often vehicles to be marketable. sponsors to the amendment. cited is the fact that these vehicles are Until then, I believe that consumer The PRESIDING OFFICER. Without seen as safer. demand will continue to drive the mar- objection, it is so ordered. On the other hand, the Bond-Levin ket place. While truck, SUV, and Mr. BOND. Mr. President, I yield 2 amendment is a rational proposal minivan demand is not expected to de- minutes to the Senator from Ohio. crease any time soon, automakers will The PRESIDING OFFICER. The Sen- based on sound science that will keep workers both in Ohio and nationwide meet this demand. ator from Ohio. In the meantime, many consumers Mr. VOINOVICH. President, as co- working, allowing these men and women to continue to take care of are making the decision to move from chairman of the Senate Auto Caucus, I light trucks to smaller vehicles as am pleased to join with my colleagues, their families and educate their chil- dren while also encouraging greater their needs change. In light of today’s Senator BOND and Senator LEVIN, as a gas prices, consumers will demand cosponsor of this corporate average fuel efficiency and safer vehicles. This amendment calls for the Depart- more fuel efficient-vehicles that do not fuel economy standards amendment to jeopardize their personal and family the Energy bill. It is an important ment of Transportation to increase fuel economy standards based on several safety. issue, and it impacts on the economy of For example, my daughter-in-law factors including the following: tech- our country, the environment, and the currently drives a full-size van. As the nology feasibility; economic practica- safety of the traveling public. mother of four young children, she has bility; the need to conserve energy and There is no doubt that each of us needed the space and flexibility a van protect the environment; the effect on wants the automobile industry to provides in order to accommodate the motor vehicle safety; and the effect on make cars, trucks, SUVs, and minivans necessary safety seats for my grand- U.S. employment. that are energy efficient. It is not only children. Now that her children are I believe this is a much more respon- good for the environment, but it means getting older and are able to travel sible approach that will improve the more money in the pockets of the without car safety seats, she is looking fuel efficiency of our Nation’s vehicles American consumers because they are into purchasing a station wagon. Such while also protecting public safety and going to spend less money at the gas a vehicle will meet her needs while sav- our Nation’s economic security. pump. ing fuel over the long term. However, I am deeply concerned that This amendment also requires that As consumer demands change be- the artificial and arbitrarily chosen the Department of Transportation cause of trends and fuel prices, auto- CAFE standard supported by some of complete the rulemaking process that makers will change to meet that de- my colleagues will have a devastating would increase fuel efficiency stand- mand. These changes in auto manufac- effect on jobs. Ohio is the No. 2 auto- ards for 2008 model vehicles. If the ad- turing should be driven by consumer motive manufacturing State in Amer- ministration doesn’t act within the re- choice, not by a government-mandated ica, employing more than 630,000 people quired timeframe, Congress will act, arbitrary standard. either directly or indirectly. I have under expedited procedures, to pass The Bond-Levin amendment is sup- heard from a number of these men and legislation mandating an increase in ported by the AFL–CIO, the UAW, the women whose livelihood depends on the fuel economy standards consistent U.S. Chamber of Commerce, the auto- auto industry and who are, frankly, with the same criteria that the admin- motive industry, the American Farm very worried about their future. istration must consider. Bureau Federation and a number of There is genuine concern that a pro- This administration is already tak- other organizations. vision mandating an arbitrary stand- ing steps to improve fuel efficiency. As I urge my colleagues to support the ard could cause a serious disruption you know, in 2003, the National High- Bond-Levin amendment. It meets our and shifting in the auto industry re- way Traffic Safety Administration en- environmental, safety and economic sulting in the loss of tens of thousands acted the largest fuel efficiency in- needs in a balanced and responsible of jobs across the Nation. crease for light trucks in over 20 years. way, contributing to the continued and Domestic automakers build the light By 2007, fuel efficiency requirements needed harmonization of our energy trucks that consumers want. will increase to 22.2 miles per gallon and environmental policies. DaimlerChrysler’s fleet of light trucks from the 20.7 miles per gallon that had Mr. MCCAIN. Mr. President, I support makes up more than 50 percent of their been in place through the 2004 model increasing corporate average fuel econ- entire fleet. The company manufac- year. omy standards. In fact, I have sup- tures the Jeep Liberty and the Jeep The amendment will also increase ported strengthening CAFE standards Wrangler in Toledo, OH, and employs Federal research and development for for several years, and in 2002 I intro- approximately 5,200 workers at this hybrid electric vehicles and clean die- duced legislation that would have sig- plant. If an arbitrary CAFE provision sel vehicles. nificantly improved such standards. is mandated that targets light trucks, Additionally, the amendment will in- My strong support for raising CAFE this plant could close because Chrysler crease the market for alternative-pow- standards makes it all the more dif- would be forced to redistribute their ered and hybrid vehicles by mandating ficult for me to oppose the amendment manufacturing base to build more that the Federal Government, where offered by Senator DURBIN this small, high-mileage cars. feasible, purchase alternative powered evening. The concern of auto workers was evi- and hybrid vehicles. When this body considers legislation, dent at the polls in Ohio last Novem- I believe that this guaranteed market we must always be mindful of distin- ber. Voters rejected a candidate for will encourage the auto industry to guishing between the advisability and President who had advocated an arbi- continue to increase their investment the feasibility of the proposal before trary standard that would have cost in research and development with an us. I strongly support the Durbin jobs and raised prices on the vehicles eye towards making alternative-fuel amendment’s goals of lowering our re- that consumers demand. and hybrid vehicles more affordable, liance on foreign oil and of reducing

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7262 CONGRESSIONAL RECORD — SENATE June 23, 2005 the emission of greenhouse gases. I less and less fuel efficient. The end is to go to small automobiles which, ac- strongly support those goals. But this near, my friends. It is going to reach us cording to NHTSA, have caused be- amendment, sadly, does not appear to sooner rather than later if we do not tween 1,300 and 2,600 more vehicle be achievable without significantly and accept the reality that we need to say, deaths a year as a result of the lower detrimentally affecting our economy. if America is going to be truly less de- weight cars needed to meet arbitrary Mr. President, there are realistic op- pendent on foreign oil, we have to set fuel standards previously imposed. tions available to us. For example, I standards that move us toward energy I urge my colleagues to oppose the support legislation that would require conservation and energy efficiency. Durbin amendment but to support the passenger cars and light trucks to meet The first place to start is in the cars Bond-Levin amendment to ensure that the same average fuel economy stand- and trucks we drive. we maintain safe, efficient auto- ard of 27.5 miles within a reasonable I think if a President, if a Congress, mobiles, getting better fuel economy, amount of time. I will continue to stood up and said: ‘‘America, we are in and providing choices for our families. work towards such achievable and ben- this together; we are challenging De- I yield the floor. eficial improvements to our Nation’s troit to come out with a fuel-efficient The PRESIDING OFFICER. The Sen- average fuel economy. car; we need one that is going to make ator from Illinois. Mr. DURBIN. Mr. President, does the The PRESIDING OFFICER. Who America less dependent on foreign oil Senator from Missouri have time re- yields time? so we do not get involved in wars, so we maining? Mr. DURBIN. Mr. President, how do not have to walk hand-in-hand with much time is remaining? The PRESIDING OFFICER. The Sen- Saudi sheiks around America; we want ator has 37 seconds. The PRESIDING OFFICER. The Sen- to be less dependent and will you join ator from Illinois has 6 minutes 53 sec- Does the Senator wish to reserve that us, America, the businesses and fami- onds. The Senator from Missouri has 1 time or yield it back? lies of this country would stand up and minute 50 seconds. Mr. BOND. I reserve my time. The Senator from Illinois. say: We are ready. Dr. DURBIN. In the interest of pick- Mr. DURBIN. Thank you very much, I wish to say, in response to the Sen- ing up a few more votes, I yield back Mr. President. ator from Ohio, the Chair of the Senate all my time. Take a look at this chart and see Auto Caucus, Mr. VOINOVICH, I could The PRESIDING OFFICER. The Sen- what is happening in America. As the not agree with him more. This is a ator from Illinois yields back all his price of gasoline goes up, this veracious hugely important industry. It is in time. appetite for SUVs is going down. SUV trouble because the market share for The Senator from Missouri. Mr. BOND. I yield back all my time sales in America are declining, with a American automobile manufacturers as well. 19-percent decrease from the first quar- continues to decline. They are building The PRESIDING OFFICER. The Sen- ter of 2004 to 2005. cars that Americans are not buying. ator yields back his time. All time has Detroit, are you listening? Are you Americans are looking to Japanese and expired. listening to consumers across America? German and other cars instead. The junior Senator from Missouri. They do not like to take expensive gas- There is a message there. We have to revitalize this industry by thinking Mr. TALENT. Mr. President, I have oline and put it into an SUV that gets talked to both sides to get permission terrible mileage. They are telling you forward instead of thinking backward. And thinking forward says, the price of for a unanimous consent request allow- what the future is going to look like ing me to offer an amendment that is when we have $50- and $60- and $70- and gas is going up. You better have a more fuel-efficient vehicle. You can reach it acceptable to both sides on a voice $80- and $90-a-barrel oil coming into vote. if you use innovation and creativity. the United States. AMENDMENT NO. 819 The consumers are speaking already. Unfortunately, that is not occurring So I ask unanimous consent to be Sadly, their response is not being today. Let me close with a comment I permitted to offer amendment No. 819 picked up. Sadly, their response is not and proceed to a vote right after I ex- being picked up by some of the major opened with from BusinessWeek maga- zine: plain it. manufacturers of U.S. automobiles. The PRESIDING OFFICER. Is there As Congress puts the final touches on a Take a look at this chart. The Chevy objection? Suburban: I know the Chevy Suburban. massive new energy bill, lawmakers are about to blow it. That’s because the bill, Mrs. BOXER. Reserving the right to The car I am provided in the Senate is object, some of us have to catch a a Chevy Suburban. It is a great car but which they hope to pass by the end of July, almost certainly won’t include the one pol- flight. I was hoping we would get the a big, heavy car. It is picked for that icy initiative that could seriously reduce vote off here. reason for security purposes. Whatever. American’s dependence on foreign oil: a gov- Mr. CRAIG. Let me work this But take a look at the comparable ernment-mandated increase in the average through. This will take a minute or 2 sales: the Toyota Prius, 34,225 in U.S. fuel economy of new cars, SUVs, light for the Senator from Missouri. It has sales so far in 2005; 35,756 Ford Expedi- trucks, and vans. been agreed to. It will be a voice vote, tions; 24,000 Chevy Suburbans. The Bond-Levin amendment does not and then we will move immediately to The point I am making is the Amer- do that. It does not increase fuel effi- the votes. ican consumer’s appetite is growing for ciency. It does not reduce dependence Mrs. BOXER. I object if it is more a car which Detroit is not making. We on foreign oil. The amendment which I than a minute. That is how close it is. are, sadly, 2 years behind. These Toy- offer does, and I hope my colleagues I can give him a minute. ota Priuses, which one of our col- will support it. Mr. TALENT. Thirty seconds. leagues in the Senate drives, happen to I reserve the remainder of my time. The PRESIDING OFFICER. Without be cars for which you can get 50 miles The PRESIDING OFFICER. Who objection, it is so ordered. a gallon and more. People want them, yields time? The clerk will report the amendment. but they cannot buy an American The Senator from Missouri. The legislative clerk read as follows: version. What is Detroit waiting for? Mr. BOND. Mr. President, I think The Senator from Missouri [Mr. TALENT], Look where we are as a nation. When there is a clear difference. My col- for himself, Mr. JOHNSON, Mr. BOND, and Mr. DORGAN, proposes an amendment numbered we took the leadership—Senator BOND league from Illinois has a political idea 819. may call this Soviet-style leadership, of a fuel standard and says that will in- command-and-control leadership—in crease efficiency. The difference is that The amendment is as follows: 1975 and said we were going to have the Bond-Levin approach relies on (Purpose: To increase the allowable credit more fuel-efficient vehicles, look at what is working and that is having for fuel use under the alternatively fueled vehicle purchase requirement) that increase in average miles per gal- sound science, administered by the Na- tional Highway Traffic Safety Admin- On page 420, strike lines 5 through 16 and lon in a 10-year period of time—dra- insert the following: istration, pushing the manufacturers of matic. Look what has happened since SEC. 702. FUEL USE CREDITS. then—flat-lining. cars to improve mileage as quickly as (a) IN GENERAL.—Section 312 of the Energy As we have increased our dependence it can be improved, using science and Policy Act of 1992 (42 U.S.C. 13220) is amend- on foreign oil, our cars and trucks are technology, rather than forcing them ed to read as follows:

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7263 ‘‘SEC. 312. FUEL USE CREDITS. No. 925 offered by the Senators BOND solutely no votes. But there is a 99-per- ‘‘(a) DEFINITIONS.—In this section: and LEVIN. cent chance that the next vote will be ‘‘(1) BIODIESEL.—The term ‘biodiesel’ Mr. BOND. Mr. President, I ask for the last vote. means a diesel fuel substitute produced from the yeas and nays. We will be working on the Interior nonpetroleum renewable resources that meets the registration requirements for fuels The PRESIDING OFFICER. Is there a bill on Friday and Monday. We will be and fuel additives established by the Envi- sufficient second? stacking the votes on Interior, hope- ronmental Protection Agency under section There appears to be a sufficient sec- fully, for Tuesday and complete pas- 211 of the Clean Air Act (42 U.S.C. 7545). ond. sage of the Interior bill. ‘‘(2) QUALIFYING VOLUME.—The term ‘quali- The clerk will call the roll. I yield the floor. fying volume’ means— The legislative clerk called the roll. AMENDMENT NO. 902 ‘‘(A) in the case of biodiesel, when used as Mr. MCCONNELL. The following The PRESIDING OFFICER. Under a component of fuel containing at least 20 Sentors are necessarily absent: the the previous order, the Durbin amend- percent biodiesel by volume— Senator from New Mexico (Mr. DOMEN- ‘‘(i) 450 gallons; or ment is next for consideration. ICI), and the Senator from Mississippi ‘‘(ii) if the Secretary determines by rule Mr. DURBIN. I ask for the yeas and that the average annual alternative fuel use (Mr. LOTT). nays. in light duty vehicles by fleets and covered Mr. DURBIN. I announce that the The PRESIDING OFFICER. Is there a persons exceeds 450 gallons or gallon equiva- Senator from New Mexico (Mr. BINGA- sufficient second? lents, the amount of the average annual al- MAN), the Senator from Connecticut There appears to be a sufficient sec- ternative fuel use; and (Mr. DODD), and the Senator from Ha- ond. ‘‘(B) in the case of an alternative fuel, the waii (Mr. INOUYE) are necessarily ab- Senators have yielded back their amount of the fuel determined by the Sec- sent. time. The question is on agreeing to retary to have an equivalent energy content The PRESIDING OFFICER. Are there amendment No. 902. The clerk will call to the amount of biodiesel defined as a quali- any other Senators in the Chamber de- fying volume under subparagraph (A). the roll. ‘‘(b) ALLOCATION.— siring to vote? The legislative clerk called the roll. ‘‘(1) IN GENERAL.—The Secretary shall allo- The result was announced—yeas 64, Mr. McCONNELL. The following Sen- cate 1 credit under this section to a fleet or nays 31, as follows: ators are necessarily absent: the Sen- covered person for each qualifying volume of [Rollcall Vote No. 156 Leg.] ator from New Mexico (Mr. DOMENICI), alternative fuel or biodiesel purchased for YEAS—64 and the Senator from Mississippi (Mr. use in a vehicle operated by the fleet. Alexander DeMint Martinez LOTT). ‘‘(2) LIMITATION.—The Secretary may not Allard DeWine McConnell Mr. DURBIN. I announce that the allocate a credit under this section for the Allen Dole Mikulski Senator from New Mexico (Mr. BINGA- purchase of an alternative fuel or biodiesel Baucus Dorgan Murkowski MAN), the Senator from California that is required by Federal or State law. Bayh Ensign Nelson (NE) ‘‘(3) DOCUMENTATION.—A fleet or covered Bennett Enzi Pryor (Mrs. BOXER), and the Senator from Ha- person seeking a credit under paragraph (1) Bond Feingold Roberts waii (Mr. INOUYE) are necessarily ab- shall provide written documentation to the Brownback Frist Salazar sent. Bunning Graham Secretary supporting the allocation of the Santorum Burns Grassley I further announce that, if present Sessions credit to the fleet or covered person. Burr Hagel and voting, the Senator from Cali- Shelby ‘‘(c) USE.—At the request of a fleet or cov- Byrd Hatch Smith fornia (Mrs. BOXER) would vote ‘‘yea.’’ ered person allocated a credit under sub- Carper Hutchison The PRESIDING OFFICER. Are there section (b), the Secretary shall, for the year Chambliss Inhofe Specter in which the purchase of a qualifying volume Coburn Isakson Stabenow any other Senators in the Chamber de- is made, consider the purchase to be the ac- Cochran Johnson Stevens siring to vote? Talent quisition of 1 alternative fueled vehicle that Coleman Kohl The result was announced—yeas 28, Conrad Kyl Thune nays 67, as follows: the fleet or covered person is required to ac- Cornyn Landrieu Vitter quire under this title, title IV, or title V. Craig Levin Voinovich [Rollcall Vote No. 157 Leg.] ‘‘(d) TREATMENT.—A credit provided to a Crapo Lincoln Warner YEAS—28 fleet or covered person under this section Dayton Lugar shall be considered to be a credit under sec- Akaka Gregg Obama NAYS—31 Cantwell Harkin tion 508. Reed Akaka Harkin Reed Carper Jeffords Reid ‘‘(e) ISSUANCE OF RULE.—Not later than 180 Chafee Kennedy Biden Jeffords Reid Rockefeller days after the date of enactment of the En- Collins Lautenberg Boxer Kennedy Rockefeller Sarbanes ergy Policy Act of 2005, the Secretary shall Corzine Leahy Cantwell Kerry Sarbanes Schumer issue a rule establishing procedures for the Chafee Lautenberg Dayton Lieberman Snowe implementation of this section.’’. Schumer Dodd Lugar Clinton Leahy Snowe Wyden (b) TABLE OF CONTENTS AMENDMENT.—The Durbin Murray Collins Lieberman Sununu table of contents of the Energy Policy Act of Feinstein Nelson (FL) Corzine McCain Thomas Durbin Murray 1992 is amended by striking the item relating Wyden NAYS—67 to section 312 and inserting the following: Feinstein Nelson (FL) Gregg Obama Alexander DeWine McConnell ‘‘Sec. 312. Fuel use credits.’’. Allard Dole Mikulski Mr. TALENT. Mr. President, this is NOT VOTING—5 Allen Dorgan Murkowski an amendment that has been accepted Bingaman Domenici Lott Baucus Ensign Nelson (NE) Dodd Inouye Bayh Enzi Pryor by unanimous consent and voice vote Bennett Feingold Roberts by the Senate in the past. It would The amendment (No. 925) was agreed Biden Frist Salazar allow municipalities to help meet their to. Bond Graham Santorum Brownback Grassley Sessions EPAct requirement by using biodiesel. Mr. CRAIG. I move to reconsider the Bunning Hagel Shelby I am offering it on behalf of Senators vote, and I move to lay that motion on Burns Hatch Smith Burr Hutchison JOHNSON, BOND, DORGAN, and myself. the table. Specter The PRESIDING OFFICER. The The motion to lay on the table was Byrd Inhofe Chambliss Isakson Stabenow question is on agreeing to amendment agreed to. Clinton Johnson Stevens No. 819. The PRESIDING OFFICER. The ma- Coburn Kerry Sununu The amendment (No. 819) was agreed jority leader. Cochran Kohl Talent Mr. FRIST. Mr. President, for the in- Coleman Kyl Thomas to. Conrad Landrieu Thune Mr. BOND. Mr. President, I move to formation of Senators, in all likelihood Cornyn Levin Vitter reconsider the vote. the next vote will be the last vote to- Craig Lincoln Voinovich Mr. CRAIG. I move to lay that mo- night. We cannot say with certainty, Crapo Martinez Warner tion on the table. but in all likelihood this is the last DeMint McCain The motion to lay on the table was vote. The plan is to have final passage NOT VOTING—5 agreed to. on the Energy bill at 9:45 on Tuesday Bingaman Domenici Lott AMENDMENT NO. 925 morning. We will complete the bill to- Boxer Inouye The PRESIDING OFFICER. The night. We still have the managers’ The amendment (No. 902) was re- question is on agreeing to amendment package. That is why I cannot say ab- jected.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7264 CONGRESSIONAL RECORD — SENATE June 23, 2005 Mr. CRAIG. Mr. President, I move to within 180 days after the filing of a com- (2) University of Kentucky Center for Ap- reconsider the vote, and I move to lay plaint under paragraph (1) and the Secretary plied Energy Research; and that motion on the table. does not show that the delay is caused by the (3) Energy Center at Purdue University. (c) GASIFICATION PRODUCTS TEST CENTER.— The motion to lay on the table was bad faith of the claimant, the claimant may bring a civil action in United States district In conjunction with the activities described agreed to. court for a determination of the claim by the in subsections (a) and (b), the Secretary shall The PRESIDING OFFICER. The Sen- court de novo.’. construct a test center to evaluate and con- ator from Idaho. firm liquid and gas products from syngas ca- AMENDMENT NO. 886, AS MODIFIED Mr. CRAIG. Mr. President, before I talysis in order that the system has an out- (Purpose: To include waste-derived ethanol put of at least 500 gallons of Fischer-Tropsch move to a couple of other items to and biodiesel in a definition of biodiesel) complete our work this evening, I will transportation fuel per day in a 24-hour oper- On page 159, after line 23, add the fol- ation. yield the floor to the Senator from lowing: (d) MILESTONES.— Georgia for a brief statement. SEC. 211. WASTE-DERIVED ETHANOL AND BIO- (1) SELECTION OF PROCESSES.—Not later The PRESIDING OFFICER. The Sen- DIESEL. than 180 days after the date of enactment of ator from Georgia. Section 312(f)(1) of the Energy Policy Act this Act, the Secretary shall select processes (The remarks of Mr. CHAMBLISS are of 1992 (42 U.S.C. 13220(f)(1)) is amended— for evaluating the commercial and technical printed in today’s RECORD under (1) by striking ‘‘‘biodiesel’ means’’ and in- viability of different processes of producing ‘‘Morning Business.’’) serting the following: ‘‘‘biodiesel’— Fischer-Tropsch transportation fuels, and ‘‘(A) means’’; and other transportation fuels, from Illinois The PRESIDING OFFICER. The Sen- basin coal. ator from Idaho. (2) in subparagraph (A) (as designated by paragraph (1)) by striking ‘‘and’’ at the end (2) AGREEMENTS.—Not later than 1 year AMENDMENTS NOS. 811; 832, AS MODIFIED; 871, AS and inserting the following: after the date of enactment of this Act, the MODIFIED; 886, AS MODIFIED; 899, AS MODIFIED; ‘‘(B) includes biodiesel derived from— Secretary shall offer to enter into agree- 808; 825; 940, AS MODIFIED; 1005; 1006; 1007; 1008; ‘‘(i) animal wastes, including poultry fats ments— 851, AS MODIFIED; 892, AS MODIFIED; 903, AS and poultry wastes, and other waste mate- (A) to carry out the activities described in MODIFIED; 919, AS MODIFIED; 834 rials; or this section, at the facilities described in Mr. CRAIG. Mr. President, we have a ‘‘(ii) municipal solid waste and sludges and subsection (b); and series of managers’ amendments that oils derived from wastewater and the treat- (B) for the capital modifications or con- have been cleared on both sides. There- ment of wastewater; and’’. struction of the facilities at the locations de- scribed in subsection (b). fore, I now ask unanimous consent that AMENDMENT NO. 899, AS MODIFIED (3) EVALUATIONS.—Not later than 3 years the series of amendments at the desk (Purpose: To establish procedures for the re- after the date of enactment of the Act, the be considered and agreed upon en bloc instatement of leases terminated due to Secretary shall begin, at the facilities de- and the motion to reconsider be laid unforeseeable circumstances) scribed in subsection (b), evaluation of the upon the table. On page 296, after line 25, add the fol- technical and commercial viability of dif- The PRESIDING OFFICER. Without lowing: ferent processes of producing Fischer- objection, it is so ordered. SEC. 34ll. REINSTATEMENT OF LEASES. Tropsch transportation fuels, and other The amendments were agreed to as Notwithstanding section 31(d)(2)(B) of the transportation fuels, from Illinois basin coal. follows: Mineral Leasing Act (30 U.S.C. 188(d)(2)(B)), (4) CONSTRUCTION OF FACILITIES.— the Secretary may reinstate any oil and gas (A) IN GENERAL.—The Secretary shall con- AMENDMENT NO. 811 lease issued under that Act that was termi- struct the facilities described in subsection (The amendment is printed in the nated for failure of a lessee to pay the full (b) at the lowest cost practicable. RECORD of June 21, 2005, under ‘‘Text of amount of rental on or before the anniver- (B) GRANTS OR AGREEMENTS.—The Sec- Amendments.’’) sary date of the lease, during the period be- retary may make grants or enter into agree- ments or contracts with the institutions of AMENDMENT NO. 832, AS MODIFIED ginning on September 1, 2001, and ending on higher education described in subsection (b). On page 724, line 12, insert before ‘‘shall June 30, 2004, if, (1) not later than 120 days after the date of enactment of this Act, the (e) COST SHARING.—The cost of making enter’’ the following: ‘‘, in consultation with grants under this section shall be shared in the Administrator of the Environmental lessee— (A) files a petition for reinstatement of the accordance with section 1002. Protection Agency,’’. (f) AUTHORIZATION OF APPROPRIATIONS.— lease; On page 726, line 5, insert ‘‘and the Admin- There is authorized to be appropriated to (B) complies with the conditions of section istrator of the Environmental Protection carry out this section $85,000,000 for the pe- Agency’’ after ‘‘Interior’’. 31(e) of the Mineral Leasing Act (30 U.S.C. riod of fiscal years 2006 through 2010. 188(e)); and On page 726, line 10, insert before ‘‘shall re- AMENDMENT NO. 825 port’’ the following: ‘‘and the Administrator (C) certifies that the lessee did not receive (Purpose: To establish a 4-year pilot program of the Environmental Protection Agency, a notice of termination by the date that was to provide emergency relief to small busi- after consulting with states,’’. 13 months before the date of termination; ness concerns affected by a significant in- On page 726, line 14, strike ‘‘Secretary’s and (2) the land is available for leasing. crease in the price of heating oil, natural agreement or disagreement’’ and insert AMENDMENT NO. 808 gas, propane, gasoline, or kerosene, and for ‘‘agreement or disagreement of the Sec- (Purpose: To establish a program to develop other purposes) retary of the Interior and the Administrator Fischer-Tropsch transportation fuels from of the Environmental Protection Agency’’. On page 208, after line 24, insert the fol- Illinois basin coal) lowing: AMENDMENT NO. 871, AS MODIFIED On page 346, between lines 9 and 10, insert SEC. 303. SMALL BUSINESS AND AGRICULTURAL (Purpose: To provide whistleblower protec- the following: PRODUCER ENERGY EMERGENCY tion for contract and agency employees at SEC. 4ll. DEPARTMENT OF ENERGY TRANSPOR- DISASTER LOAN PROGRAM. the Department of Energy) TATION FUELS FROM ILLINOIS (a) SMALL BUSINESS PRODUCER ENERGY At the appropriate place, insert the fol- BASIN COAL. EMERGENCY DISASTER LOAN PROGRAM.— lowing: (a) IN GENERAL.—The Secretary shall carry (1) DISASTER LOAN AUTHORITY.—Section 7(b) ‘‘SECTION. WHISTLEBLOWER PROTECTION FOR out a program to evaluate the commercial of the Small Business Act (15 U.S.C. 636(b)) is EMPLOYEES OF THE DEPARTMENT and technical viability of advanced tech- amended by inserting after paragraph (3) the OF ENERGY. nologies for the production of Fischer- following: (a) DEFINITION OF EMPLOYER.—Section Tropsch transportation fuels, and other ‘‘(4)(A) In this paragraph— 211(a)(2) of the Energy Reorganization Act of transportation fuels, manufactured from Illi- ‘‘(i) the term ‘base price index’ means the 1974 (42 U.S.C. 5851(a)(2)) is amended— nois basin coal, including the capital modi- moving average of the closing unit price on (1) in subparagraph (C), by striking ‘and’ at fication of existing facilities and the con- the New York Mercantile Exchange for heat- the end; struction of testing facilities under sub- ing oil, natural gas, gasoline, or propane for (2) in subparagraph (D), by striking ‘that is section (b). the 10 days, in each of the most recent 2 pre- indemnified’ and all that follows through (b) FACILITIES.—For the purpose of evalu- ceding years, which correspond to the trad- ‘12344.’; and ating the commercial and technical viability ing days described in clause (ii); (3) by adding at the end the following: of different processes for producing Fischer- ‘‘(ii) the term ‘current price index’ means ‘(E) the Department Of Energy.’. Tropsch transportation fuels, and other the moving average of the closing unit price (b) DE NOVO JUDICIAL DETERMINATION.— transportation fuels, from Illinois basin coal, on the New York Mercantile Exchange, for Section 211(b) of the Energy Reorganization the Secretary shall support the use and cap- the 10 most recent trading days, for con- Act of 1974 (42 U.S.C. 5851(b)) is amended by ital modification of existing facilities and tracts to purchase heating oil, natural gas, adding at the end the following: the construction of new facilities at— gasoline, or propane during the subsequent ‘(4) DE NOVO JUDICIAL DETERMINATION.—If (1) Southern Illinois University Coal Re- calendar month, commonly known as the the Secretary does not issue a final decision search Center; ‘front month’; and

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7265 ‘‘(iii) the term ‘significant increase’ the Small Business Act (15 U.S.C. 632)), and ment Act (7 U.S.C. 1961(a)), as amended by means— (II) have suffered or are likely to suffer sub- this section; and ‘‘(I) with respect to the price of heating oil, stantial economic injury on or after January (B) contains recommendations for ways to natural gas, gasoline, or propane, any time 1, 2005, as the result of a significant increase improve the assistance provided under such the current price index exceeds the base in energy costs or input costs from energy section 321(a). price index by not less than 40 percent; and sources occurring on or after January 1, 2005, (e) EFFECTIVE DATE.— ‘‘(II) with respect to the price of kerosene, in connection with an energy emergency de- (1) SMALL BUSINESS.—The amendments any increase which the Administrator, in clared by the President or the Secretary’’; made by subsection (a) shall apply during consultation with the Secretary of Energy, (B) in the third sentence, by inserting be- the 4-year period beginning on the earlier of determines to be significant. fore the period at the end the following: ‘‘or the date on which guidelines are published ‘‘(B) The Administration may make such by an energy emergency declared by the by the Administrator of the Small Business loans, either directly or in cooperation with President or the Secretary’’; and Administration under subsection (c)(1) or 30 banks or other lending institutions through (C) in the fourth sentence— days after the date of enactment of this Act, agreements to participate on an immediate (i) by inserting ‘‘or energy emergency’’ with respect to assistance under section or deferred basis, to assist a small business after ‘‘natural disaster’’ each place that 7(b)(4) of the Small Business Act, as added by concern that has suffered or that is likely to term appears; and this section. suffer substantial economic injury on or (ii) by inserting ‘‘or declaration’’ after (2) AGRICULTURE.—The amendments made after January 1, 2005, as the result of a sig- ‘‘emergency designation’’. by subsection (b) shall apply during the 4- nificant increase in the price of heating oil, (2) FUNDING.—Funds available on the date year period beginning on the earlier of the natural gas, gasoline, propane, or kerosene of enactment of this Act for emergency loans date on which guidelines are published by occurring on or after January 1, 2005. under subtitle C of the Consolidated Farm the Secretary of Agriculture under sub- ‘‘(C) Any loan or guarantee extended pur- and Rural Development Act (7 U.S.C. 1961 et section (c)(1) or 30 days after the date of en- suant to this paragraph shall be made at the seq.) shall be available to carry out the actment of this Act, with respect to assist- same interest rate as economic injury loans amendments made by subparagraph (A) to ance under section 321(a) of the Consolidated under paragraph (2). meet the needs resulting from natural disas- Farm and Rural Development Act (7 U.S.C. ‘‘(D) No loan may be made under this para- ters. 1961(a)), as amended by this section. graph, either directly or in cooperation with AMENDMENT NO. 940, AS MODIFIED (c) GUIDELINES AND RULEMAKING.— banks or other lending institutions through (1) GUIDELINES.—Not later than 30 days An amendment intended to be proposed by agreements to participate on an immediate after the date of enactment of this Act, the Mr. INHOFE: or deferred basis, if the total amount out- Administrator of the Small Business Admin- ‘‘(vi) Not later than July 1, 2007, the Ad- standing and committed to the borrower istration and the Secretary of Agriculture ministrator shall promulgate final regula- under this subsection would exceed $1,500,000, shall each issue guidelines to carry out this tions to control hazardous air pollutants unless such borrower constitutes a major section and the amendments made by this from motor vehicles and motor vehicle fuels, source of employment in its surrounding as provided for in section 80.1045 of title 40, section, which guidelines shall become effec- area, as determined by the Administration, Code of Federal Regulations (as in effect on tive on the date of their issuance. in which case the Administration, in its dis- the date of enactment of this subparagraph), (2) RULEMAKING.—Not later than 30 days cretion, may waive the $1,500,000 limitation. and as authorized under section 202(1) of the after the date of enactment of this Act, the ‘‘(E) For purposes of assistance under this Clean Air Act. If the Administrator promul- paragraph— Administrator of the Small Business Admin- gates by such date, final regulations to con- ‘‘(i) a declaration of a disaster area based istration, after consultation with the Sec- trol hazardous air pollutants from motor ve- on conditions specified in this paragraph retary of Energy, shall promulgate regula- hicles and motor vehicle fuels that achieve shall be required, and shall be made by the tions specifying the method for determining and maintain greater overall reductions in President or the Administrator; or a significant increase in the price of ker- emissions of air toxics from reformulated ‘‘(ii) if no declaration has been made pursu- osene under section 7(b)(4)(A)(iii)(II) of the gasoline than the reductions that would be ant to clause (i), the Governor of a State in Small Business Act (15 U.S.C. achieved under section 211(k)(1)(B) of the which a significant increase in the price of 636(b)(4)(A)(iii)(II)), as added by this section. Clean Air Act as amended by this clause, heating oil, natural gas, gasoline, propane, (d) REPORTS.— then sections 211 (k)(1)(i) through 211(k)(l)(v) or kerosene has occurred may certify to the (1) SMALL BUSINESS ADMINISTRATION.—Not shall be null and void and regulations pro- Administration that small business concerns later than 12 months after the date on which mulgated thereunder shall be rescinded and have suffered economic injury as a result of the Administrator of the Small Business Ad- have further effect. such increase and are in need of financial as- ministration issues guidelines under sub- AMENDMENT NO. 1005 sistance which is not otherwise available on section (c)(1), and annually thereafter, the (Purpose: To make a technical correction) Administrator shall submit to the Com- reasonable terms in that State, and upon re- At the end of subtitle H of title II, add the mittee on Small Business and Entrepreneur- ceipt of such certification, the Administra- following: ship of the Senate and the Committee on tion may make such loans as would have SEC. 2ll. ENERGY POLICY AND CONSERVATION been available under this paragraph if a dis- Small Business of the House of Representa- TECHNICAL CORRECTION. aster declaration had been issued. tives, a report on the effectiveness of the as- Section 609(c)(4) of the Public Utility Reg- ‘‘(F) Notwithstanding any other provision sistance made available under section 7(b)(4) ulatory Policies Act of 1978 (as added by sec- of law, loans made under this paragraph may of the Small Business Act, as added by this tion 291) is amended by striking ‘‘of 1954 (42 be used by a small business concern de- section, including— U.S.C. 6303)’’ and inserting ‘‘(42 U.S.C. scribed in subparagraph (B) to convert from (A) the number of small business concerns 6303(d))’’. that applied for a loan under such section the use of heating oil, natural gas, gasoline, AMENDMENT NO. 1006 7(b)(4) and the number of those that received propane, or kerosene to a renewable or alter- (Purpose: To require the Secretary to carry such loans; native energy source, including agriculture out a study and compile existing science to (B) the dollar value of those loans; and urban waste, geothermal energy, cogen- determine the risks or benefits presented (C) the States in which the small business eration, solar energy, wind energy, or fuel by cumulative impacts of multiple offshore concerns that received such loans are lo- cells.’’. liquefied natural gas facilities reasonably cated; (2) CONFORMING AMENDMENTS.—Section 3(k) assumed to be constructed in an area of (D) the type of energy that caused the sig- of the Small Business Act (15 U.S.C. 632(k)) is the Gulf of Mexico using the open-rack va- nificant increase in the cost for the partici- amended— porization system) (A) by inserting ‘‘, significant increase in pating small business concerns; and On page 755, after line 25, insert the fol- the price of heating oil, natural gas, gaso- (E) recommendations for ways to improve lowing: line, propane, or kerosene’’ after ‘‘civil dis- the assistance provided under such section orders’’; and 7(b)(4), if any. SEC. 13ll. SCIENCE STUDY ON CUMULATIVE IM- PACTS OF MULTIPLE OFFSHORE (2) DEPARTMENT OF AGRICULTURE.—Not (B) by inserting ‘‘other’’ before ‘‘eco- LIQUEFIED NATURAL GAS FACILI- nomic’’. later than 12 months after the date on which TIES. (b) AGRICULTURAL PRODUCER EMERGENCY the Secretary of Agriculture issues guide- (a) IN GENERAL.—The Secretary (in con- LOANS.— lines under subsection (c)(1), and annually sultation with the National Oceanic Atmos- (1) IN GENERAL.—Section 321(a) of the Con- thereafter, the Secretary shall submit to the pheric Administration, the Commandant of solidated Farm and Rural Development Act Committee on Small Business and Entrepre- the Coast Guard, affected recreational and (7 U.S.C. 1961(a)) is amended— neurship and the Committee on Agriculture, commercial fishing industries and affected (A) in the first sentence— Nutrition, and Forestry of the Senate and to energy and transportation stakeholders) (i) by striking ‘‘operations have’’ and in- the Committee on Small Business and the shall carry out a study and compile existing serting ‘‘operations (i) have’’; and Committee on Agriculture of the House of science (including studies and data) to deter- (ii) by inserting before ‘‘: Provided,’’ the Representatives, a report that— mine the risks or benefits presented by cu- following: ‘‘, or (ii)(I) are owned or operated (A) describes the effectiveness of the as- mulative impacts of multiple offshore lique- by such an applicant that is also a small sistance made available under section 321(a) fied natural gas facilities reasonably as- business concern (as defined in section 3 of of the Consolidated Farm and Rural Develop- sumed to be constructed in an area of the

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7266 CONGRESSIONAL RECORD — SENATE June 23, 2005 Gulf of Mexico using the open-rack vaporiza- (5) makes recommendations for Federal (C) assistance in annually updating solid- tion system. legislation to achieve commercialization of state lighting technology roadmaps. (b) ACCURACY.—In carrying out subsection the technology demonstrated. (3) AVAILABILITY TO PUBLIC.—The informa- (a), the Secretary shall verify the accuracy (f) AUTHORIZATION OF APPROPRIATIONS.— tion and roadmaps under paragraph (2) shall of available science and develop a science- There are authorized to be appropriated to be available to the public. based evaluation of significant short-term carry out this section, to remain available (f) DEVELOPMENT, DEMONSTRATION, AND and long-term cumulative impacts, both ad- until expended— COMMERCIAL APPLICATION.— verse and beneficial, of multiple offshore liq- (1) $3,000,000 for fiscal year 2005; (1) IN GENERAL.—The Secretary shall carry uefied natural gas facilities reasonably as- (2) $7,000,000 for fiscal year 2006; out a development, demonstration, and com- sumed to be constructed in an area of the (3) $10,000,000 for fiscal year 2007; and mercial application program for the Initia- Gulf of Mexico using or proposing the open- (4) $20,000,000 for fiscal year 2008. tive through competitively selected awards. rack vaporization system on the fisheries AMENDMENT NO. 892, AS MODIFIED (2) PREFERENCE.—In making the awards, and marine populations in the vicinity of the the Secretary may give preference to partici- On page 342, strikelines 1 through 19 and facility. pants in the Industry Alliance. insert the following: AMENDMENT NO. 1007 AMENDMENT NO. 919, AS MODIFIED SEC. 407. WESTERN INTEGRATED COAL GASIFI- (Purpose: To improve the clean coal power CATION DEMONSTRATION PROJECT. (Purpose: To enhance the national security initiative) (a) IN GENERAL.—Subject to the avail- of the United States by providing for the (The amendment is printed in today’s ability of appropriations, the Secretary shall research, development, demonstration, ad- RECORD under ‘‘Text of Amendments.’’) carry out a project to demonstrate produc- ministrative support, and market mecha- AMENDMENT NO. 1008 tion of energy from coal mined in the west- nisms for widespread deployment and com- mercialization of biobased fuels and (Purpose: To clarify provisions regarding ern United States using integrated gasifi- biobased products) relief for extraordinary violations) cation combined cycle technology (referred to in this section as the ‘‘demonstration (The amendment is printed in the On page 696, lines 24 and 25, strike ‘‘unlaw- project’’). ful on the grounds that it is unjust and un- RECORD of June 22, 2005 under ‘‘Text of (b) COMPONENTS.—The demonstration reasonable’’ and insert ‘‘not permitted under Amendments.’’) project— AMENDMENT NO. 1009 a rate schedule (or contract under such a (i) may include repowering of existing fa- schedule) or is otherwise unlawful on the cilities; (Purpose: To provide a Manager’s grounds that the contract is unjust and un- (ii) shall be designed to demonstrate the amendment) reasonable or contrary to the public inter- ability to use coal with an energy content of (The amendment is printed in today’s est’’. not more than 9,000 Btu/lb.; and RECORD under ‘‘Text of Amendments.’’) AMENDMENT NO. 851, AS MODIFIED (iii) shall be capable of removing and se- AMENDMENT NO. 834 (Purpose: To require the Secretary to estab- questering carbon dioxide emissions. (Purpose: To provide for understanding of lish a Joint Flexible Fuel/Hybrid Vehicle (c) ALL TYPES OF WESTERN COALS.—Not- and access to procurement opportunities Commercialization Initiative, and for withstanding the foregoing, and to the ex- for small businesses with regard to Energy other purposes) tent economically feasib1e, the demonstra- Star technologies and products, and for tion project shall also be designed to dem- On page 424, between lines 7 and 8, insert other purposes) the following: onstrate the ability to use a variety of types On page 52, line 24, strike ‘‘efficiency; and’’ SEC. 706. JOINT FLEXIBLE FUEL/HYBRID VEHI- of coal (including subbituminous and bitu- CLE COMMERCIALIZATION INITIA- minous coal with an energy content of up to and all that follows through page 53, line 8 TIVE. 13,000 Btu/lb) mined in the western United and insert the following: ‘‘efficiency; (a) DEFINITIONS.—In this section: States. ‘‘(C) understanding and accessing Federal (1) ELIGIBLE ENTITY.—The term eligible en- (d) LOCATION.—The demonstration project procurement opportunities with regard to tity means— shall be located in a western State at an alti- Energy Star technologies and products; and (A) a for-profit corporation; tude of greater than 4,000 feet above sea ‘‘(D) identifying financing options for en- (B) a nonprofit corporation; or level. ergy efficiency upgrades. (C) an institution of higher education. (e) COST SHARING.—The Federal share of ‘‘(2) The Secretary, the Administrator of (2) PROGRAM.—The term ‘‘program’’ means the cost of the demonstration project shall the Environmental Protection Agency, and the applied research program established be determined in accordance with section the Administrator of the Small Business Ad- under subsection (b). 1002. ministration shall make program informa- (b) ESTABLISHMENT.—The Secretary shall (f) LOAN GUARANTEES.—Notwithstanding tion available to small business concerns di- establish an applied research program to im- title XIV, the demonstration project shall rectly through the district offices and re- prove technologies for the commercializa- not be eligible for Federal loan guarantees. source partners of the Small Business Ad- ministration, including small business devel- tion of— AMENDMENT NO. 903, AS MODIFIED (1) a combination hybrid/flexible fuel vehi- opment centers, women’s business centers, (Purpose: To provide that small businesses cle; or and the Service Corps of Retired Executives are eligible to participate in the Next Gen- (2) a plug-in hybrid/flexible fuel vehicle. (SCORE), and through other Federal agen- eration Lighting Initiative) (c) GRANTS.—In carrying out the program, cies, including the Federal Emergency Man- the Secretary shall provide grants that give Beginning on page, 469, strike line 10 and agement Agency and the Department of Ag- preference to proposals that— all that follows through page 470, line 20, and riculture. (1) achieve the greatest reduction in miles insert the following: ‘‘(3) The Secretary, on a cost shared basis per gallon of petroleum fuel consumption; (d) INDUSTRY ALLIANCE.—Not later than 90 in cooperation with the Administrator of the (2) achieve not less than 250 miles per gal- days after the date of enactment of this Act, Environmental Protection Agency, shall pro- lon of petroleum fuel consumption; and the Secretary shall competitively select an vide to the Small Business Administration (3) have the greatest potential of commer- Industry Alliance to represent participants all advertising, marketing, and other written cialization to the general public within 5 who are private, for-profit firms, including materials necessary for the dissemination of years. large and small businesses, that, as a group, information under paragraph (2). (d) VERIFICATION.—Not later than 90 days are broadly representative of United States ‘‘(4) There are authorized to be appro- after the date of enactment of this Act, the solid state lighting research, development, priated such sums as may be necessary to Secretary shall publish in the Federal Reg- infrastructure, and manufacturing expertise carry out this subsection, which shall re- ister procedures to verify— as a whole. main available until expended.’’. (1) the hybrid/flexible fuel vehicle tech- (e) RESEARCH.— AMENDMENT NO. 792 WITHDRAWN nologies to be demonstrated; and (1) GRANTS.—The Secretary shall carry out Mr. CRAIG. I ask unanimous consent (2) that grants are administered in accord- the research activities of the Initiative the Wyden amendment be withdrawn. through competitively awarded grants to— ance with this section. The PRESIDING OFFICER. Without (e) REPORT.—Not later than 260 days after (A) researchers, including Industry Alli- the date of enactment of this Act, and annu- ance participants; objection, it is so ordered. ally thereafter, the Secretary shall submit (B) small businesses; PUHCA REPEAL AND FERC MERGER AUTHORITY to Congress a report that— (C) National Laboratories; and Mr. SHELBY. Will the chairman (1) identifies the grant recipients; (D) institutions of higher education. yield for a question? (2) describes the technologies to be funded (2) INDUSTRY ALLIANCE.—The Secretary Mr. DOMENICI. I will be happy to under the program; shall annually solicit from the Industry Alli- yield. (3) assesses the feasibility of the tech- ance— nologies described in paragraph (2) in meet- (A) comments to identify solid-state light- Mr. SHELBY. I thank the chairman. ing the goals described in subsection (c); ing technology needs; As the chairman is aware, repeal of the (4) identifies applications submitted for (B) an assessment of the progress of the re- Public Company Utility Holding Act of the program that were not funded; and search activities of the Initiative; and 1935 has been a priority of the Senate

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7267 Banking Committee for almost 25 have in the area of energy-producing proposed alternatives, because this years. As recently as 1997 and 1999, the resources if we can’t transport that en- judgment requires the Secretary’s con- Senate Banking Committee reported ergy to where it’s needed. currence. In addition, it is the Senate’s PUHCA repeal bills out of committee. And electric transmission capacity is intent that these judgments be sup- As chairman of the Banking Com- a prime example. ported by substantial evidence as re- mittee, I have been pleased to work There are a number of barriers to quired by Section 313 of the Federal with the Chairman of the Energy Com- building additional transmission ca- Power Act. I would like to ask the sen- mittee to ensure that PUHCA repeal pacity, among them being stringent ior Senator from New Mexico the fol- was included as part of a comprehen- regulations at the federal, state, and lowing question: If the Secretary deter- sive Energy bill. local levels; NIMBY-ism, in other mines that a license applicant’s judg- I congratulate the chairman for re- words, those who want it, but not in ment has been based on inaccurate porting a bill out of Committee that their backyard; and high capital cost. data and thus fails to meet the test of includes PUHCA repeal. Nevertheless, I My amendment—which would have being supported by substantial evi- have concerns that the expanded merg- incorporated my bill, S. 815, into the dence, can the Secretary withhold his er review authority for FERC provided tax title—addresses the substantial in- or her concurrence? for in the Electricity title undermines vestment required to build additional Mr. DOMENICI. The Senator from the important policy goals behind capacity. Washington is correct in expressing our PUHCA repeal. It is widely understood I thank Senators SNOWE, BINGAMAN, intent that the license applicant’s that PUHCA has served its purpose and BUNNING, and SMITH for cosponsoring judgment be supported by substantial is outdated. Now, PUHCA acts as a bar- both the bill and the amendment. evidence. It is not our intent to provide rier to interstate capital flows, and The provision would shorten the de- an incentive for applicants to provide other Federal laws make the PUHCA preciation life of electric transmission poor data in order to prompt the rejec- regime redundant. property from the current 20 years to tion of a condition by other stake- The purpose of PUHCA repeal legisla- 15 years, thereby substantially reduc- holders. If the Secretary of a resource tion is to eliminate these duplicative ing the cost. agency determines that the evidence and unnecessary regulatory burdens. I I understand Chairman GRASSLEY’s provided by the license applicant is of am concerned that PUHCA repeal is hesitancy to include provisions in the insufficient quality and therefore does undermined by legislation providing Senate package that are already cov- not meet the substantial evidence test, FERC with enhanced merger review au- ered in the House bill. However, I am the Secretary should not concur with thority over utility companies. I do not asking for the Chairman’s commitment the license applicant’s judgment in the believe that Congress should repeal to ensure this important provision is matter. PUHCA, only to replace it with a bur- included in a final energy package. Mr. SALAZAR. Mr. President, I am densome regulatory framework admin- Mr. GRASSLEY. I agree that energy pleased join with the distinguished ma- istered by FERC. But I am afraid that infrastructure, particularly electric jority leader in support of H.R. 6. may be exactly what we are doing in transmission capacity, is a critical I am particularly pleased with the the Electricity title of this bill. I do component of our domestic energy pol- bill’s support for integrated coal gasifi- not believe that Congress should re- icy, and I am committed to helping you cation, IGCC, technology development quire enhanced FERC merger authority ensure that it is included in the final and deployment into commercial use. as a prerequisite for PUHCA repeal. energy bill. Our Nation needs a comprehensive en- I would ask the chairman to consult SEC. 261, HYDROELECTRIC RELICENSING REFORM ergy policy which promotes new, clean- with me during conference to ensure Ms. CANTWELL. Mr. President, Sec- er, and more advanced generation tech- against this result. As the Senate tion 261 of the underlying bill contains nologies. Banking Committee has done recently, provisions designed to reform the hy- I have been increasingly concerned I think it is important that we repeal droelectric relicensing process. These with the challenges associated with de- PUHCA without creating additional provisions are the result of a hard-won veloping IGCC technology for burning regulatory burdens. compromise, and I thank the chairman Western coal. Western coal is a valu- Mr. DOMENICI. I thank the Senator and ranking member, along with Sen- able resource and crucial to our econ- from Alabama for his remarks, and I ators CRAIG, SMITH and FEINSTEIN for omy; however, both cost and techno- share his concern regarding additional their leadership on this issue. In par- logical difficulties have prevented de- FERC merger review authority. I look ticular, these provisions significantly velopment of IGCC in the West. That is forward to working with him in con- differ from previous House- and Sen- why I support a provision for a Western ference to ensure that PUHCA repeal is ate-passed versions, as they will allow IGCC Demonstration Project, Section not accompanied by the grant of un- States, tribes and the public to propose 407. This project would allow for devel- necessary merger review authority to alternative licensing conditions, and opment of an IGCC technology de- FERC. will further allow these entities to signed to use Western coal and in a Mr. SHELBY. Thank you, Mr. chair- trigger the trial-type hearing process cost-effective manner. man. outlined in this section. I believe these I have also been increasingly con- f public participation provisions are key cerned with the need to address cli- improvements in this legislation. I mate change. The promise of IGCC ELECTRIC TRANSMISSION would also like to more fully explore technology’s ability to reduce carbon PROPERTY DEPRECIATION the process by which alternative condi- dioxide emissions should be realized as Mr. THOMAS. Mr. President, I would tions proposed by these stakeholders soon as possible. That is why the West- like to speak about an amendment I should be considered. ern IGCC demonstration project shall filed to the tax title of this bill on elec- Before an alternative condition or include a carbon technology compo- tric transmission property depreciation prescription to a license may be ap- nent. and engage Mr. GRASSLEY in a colloquy proved, the Secretary must concur I wish to also take this opportunity on this important issue if I may. with the judgment of the license appli- to clarify an important point. There I did not push this issue to a vote cant that it will either cost signifi- have been media reports expressing during the committee markup, and I cantly less to implement, or result in concern that the Western IGCC dem- don’t intend to do so on the floor either improved operation of the hydro onstration project is special legislation since I understand the provision is in- project for electricity production—at designed to benefit a single company cluded in the House version of the bill the same time it provides for adequate building a new project in Wyoming. I and enjoys broad support in both the protection of the resource—or in the can assure you that neither this provi- House and the Senate. case of fishway prescriptions, will be sion, nor any other provision I have That said, I felt it was important to no less protective than the fishway ini- sponsored, is designed to benefit any underscore the importance of energy tially proposed by the Secretary. This specific project or any specific com- infrastructure in the United States. It provision does not provide the license pany. My sincere objective is simply to is completely irrelevant how much we applicant a so-called veto power over provide for the development of an IGCC

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7268 CONGRESSIONAL RECORD — SENATE June 23, 2005 demonstration project in the West, As a result of these changes, the in- BLM POLICY ON OIL AND GAS DEVELOPMENT IN using Western coal, regardless of who centives included in section 1403, which POTASH RESERVE owns or develops it. include loan guarantees, would apply Mr. CORNYN. Mr. Chairman, I rise to This provision is designed to provide to the development of projects that speak to an amendment I have filed to incentives to an IGCC project using will utilize various gasification tech- address the Bureau of Land Manage- Western coal at high altitudes. I have nologies to produce clean transpor- ment’s policy toward development of heard from many stakeholders, the tation fuels from any of our coal types, much needed oil and gas resources in utility industry, environmental groups including bituminus, sub-bituminous, the potash reserve. Notwithstanding and energy consumers, regarding the and lignite coals. the strong bipartisan consensus that potential environmental and energy Mr. DOMENICI. The Senator is cor- the U.S. must expeditiously develop its benefits of this new technoloy. How- rect. readily available domestic oil and gas ever, I have also heard that IGCC has Mr. CONRAD. Again, I thank the dis- resources, for decades the Bureau of been applied primarily in the East. It is Land Management has restricted devel- not yet demonstrated to be viable and tinguished chairman of the Energy Committee for working with me to en- opment of large volumes of oil and gas cost-effective in the high altitude West located in the Known Potash Leasing using the low-rank coals mined in sure that facilities in my State will be eligible for these incentives for coal-to- Area near Carlsbad, NM. BLM has au- Western States. This provision would thority to permit compatible oil and allow the region to prove the viability liquids technologies. It is my hope that North Dakota’s coal resources will play gas development in conjunction with of this important technology, assess potash mining in the area, but the carbon capture and sequestration op- an important role in reducing our de- pendence on foreign oil, allowing us to agency has failed to do so due to as- portunities, and, I hope, lead to its suc- serted concerns with adverse impact on cessful deployment in my region of the create jobs here at home and clean our environment. potash mining reserves and mine safe- country. ty. For a long time the oil and gas in- The purpose of the Western coal dem- GOVERNOR’S AUTHORITY dustry has had the technical ability to onstration project will be to show that Mr. VITTER. Mr. President, I would drill in the potash region without cre- coal gasification works for the dif- like to discuss a Governor’s authority ating any such threat to these potash ferent kinds of coals mined in the to approve the issuance of a license for mining interests. Concerns with BLM’s West. This includes the lower energy an offshore LNG facility. administration of the Interior Sec- coals like those mined in Wyoming’s Mr. DOMENICI. I understand that in- retary’s October 1986 order have been Powder River Basin, and it includes tend to emphasize the current role of a raised with Congress over many years. higher energy coals like those found in Governor in the licensing of offshore However, given the Nation’s continuing Colorado. These coals vary by energy LNG facilities pursuant to the Deep- economic stress due to the oil and gas content, and in other ways such as water Port Act. price and supply situation, and the pol- moisture and sulfur content. My col- icy imperative underlying the current league from Wyoming and I want to en- Mr. VITTER. The Senator is correct. energy bill debate to facilitate re- sure that the demonstration project In Louisiana, there has been a tremen- source development on Federal lands will show the feasibility of gasification dous amount of controversy involving where Federal rules or policies have for the entire range of Western coals. the licensing of offshore LNG terminals In that way, hurdles to gasification can recently related mainly to a tech- unnecessarily inhibited such activity, be removed and our Nation can move nology for reheating the gas called the time has come to expeditiously re- forward into a cleaner energy future, open rack vaporization. My amend- solve the administrative problems that and one that recognizes the importance ment is designed to emphasize the Gov- have impeded reasonable oil and gas of our abundance of coal resources. ernor’s current authority under the development in the Nation’s potash re- I want to close with a special tribute Deepwater Port Act. Under current law serve. The BLM has denied approximately to Senator THOMAS for his diligence in the Deepwater Port Act allows the this effort. We are both Western Sen- Governor of a state to approve—or be 190 applications for drilling permits ators and we share a concern that the presumed to approve—the issuance of a and applicants strongly believe that Western United States should benefit license for an offshore LNG facility. their permits have been denied without from IGCC technology as much as the Mr. DOMENICI. The Senator saying appropriate consideration of their Eastern United States. I want to thank that a Governor currently has a clear technical ability to develop oil and gas him for his initiative and support for opportunity to disapprove that a li- in the potash area while not creating this provision. cense be issued for any offshore LNG any safety risks to potash mining or Mr. DOMENICI. I thank Senator terminal? jeopardizing economically recoverable SALAZAR for his support for H.R. 6 and Mr. VITTER. That is correct. So, no potash reserves. My amendment would address this share his interest in developing a sound changes to existing law are necessary disadvantage for oil and gas drilling and forward-looking energy policy for in order for the Governor to approve or permits in the potash area, insuring our Nation. I understand his concern disapprove issuance of a license for off- that BLM allows drilling compatibly that the West enjoy clean energy gen- shore LNG facilities. eration. I look forward to working with with the interest in maintaining pot- Mr. DOMENICI. How many times has ash reserves and mining in the area. him to move H.R. 6 as quickly as pos- a Governor used this authority to ap- sible. Specifically, my amendment would prove or disapprove that a license be still allow BLM to deny permits out of INNOVATIVE TECHNOLOGIES issued? Mr. CONRAD. Mr. President, I would concern for adverse impact on potash Mr. VITTER. A Governor has never like to engage the distinguished man- mining, but only if the agency could attempted to use this authority. In the ager of the bill in a brief colloquy. I un- specify with particularity the reasons case of Louisiana, we have two licensed derstand that title XIV of the bill be- why approval of the oil and gas permit offshore LNG facilities and the Gov- fore us includes incentives for ‘‘innova- would jeopardize potash mining safety ernor of Louisiana approved both of tive technologies,’’ including gasifi- or threaten recoverable potash reserves these facilities. cation projects that will allow us to the value of which exceeded the value use our vast domestic coal reserves to Louisiana has lost thousands of jobs of the recoverable oil and gas associ- produce clean transportation fuels. due to the high costs of energy. The ated with the relevant permit. Mr. DOMENICI. The Senator is cor- underlying bill does much to address I understand that the chairman is rect. this challenge and LNG will play an well aware of the protracted history of Mr. CONRAD. I thank the distin- important role in addressing the in- this problem and has directed his staff guished Senator from New Mexico for creasing demand for natural gas. to investigate the situation with BLM. accepting clarifying language that will I thank the Senator from New Mex- Indeed, this week my staff attended a allow additional coal-to-fuel facilities ico for clarifying the Governor’s au- meeting with the BLM State director to qualify for the loan guarantees in- thority to approve or disapprove an off- and the Chairman’s staff to discuss this cluded in title XIV of the Energy bill. shore LNG facility. issue.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7269 I certainly could offer the amend- FERC’s decisions in those matters. ited CFTC jurisdiction over a narrow class of ment for a vote at this time, but may During the Senate Energy Committee’s common law claims as an incident to the I first inquire of the chairman whether work on this legislation, the supporters CFTC’s primary, and unchallenged, adjudica- he shares my concern with the BLM tive function does not create a substantial of this amendment and I initially con- threat to the separation of powers. Thomas policy regarding the amount of oil and sidered offering an amendment that v. Union Carbide Agricultural Products Co., gas drilling being permitted in the pot- would have gone further to require a 473 U.S. 568, 589 (1985). ash region? certain outcome, had the commission Similarly, in this instance, the grant Mr. DOMENICI. This has been an made certain findings. We chose not to of authority to FERC to decide this evolving problem for some time now pursue that amendment in response to matter is exceedingly narrow insofar as and I share the Senator’s concern concerns that were raised by col- it relates solely to the legality of about whether the proper balance is leagues. Section 1270 of this legislation Enron collecting additional profits in being struck. Particularly in light of is completely neutral regarding how the form of termination payments for available technologies, I believe that the commission uses its authority power not delivered. Clearly, it is di- there should be a way to produce oil under sections 205 and 206 of the Fed- rectly related to the agency’s core and gas in the potash area without eral Power Act. As such, the provision function to ensure just and reasonable interfering with the recovery of the does not in any way implicate what is rates and guard against market manip- potash resource. My desire is to see known as the Mobile-Sierra doctrine, ulation. Moreover, these are public both a vibrant potash industry and a related to which standard FERC should rights that are at stake in this dis- vibrant oil and gas industry in the re- apply to its review of jurisdictional pute—the rights of electric ratepayers gion, with both generating strong eco- wholesale power contracts. across the country to just and reason- nomic activity and employment. Mr. CRAIG. How does the technical able rates, rights that have existed Mr. CORNYN. I share the Chairman’s amendment adopted today further clar- under federal statute since 1935—and views and would furthr inquire whether ify the committee and Congress’s in- not mere private rights that should be the chairman would be willing to work tent in regard to section 1270 of the un- resolved by a non-article III bank- with me through the course of the con- derlying legislation? ruptcy tribunal. Accordingly, the clari- ference on the energy bill to assure Ms. CANTWELL. The clarifications fication provided by the amendment is that this problem with BLM policy is to section 1270 effectuated by the completely consistent with Supreme properly addressed? amendment accepted today are con- Court precedent on the separation of Mr. DOMENICI. I would tell the Sen- sistent with the committee’s intent in ator that I would be pleased to give powers principle. adopting section 1270. In addition, they him that commitment. Mr CARPER. Mr. President, I would are completely consistent with Su- Mr. CORNYN. I thank the Chairman. like to take a moment to discuss with Ms. CANTWELL. Mr. President, I preme Court precedent. my friend, the Senator from Montana, wish to clarify for my colleagues the The committee sought assurances a tax incentive which I believe is very intent of section 1270 of the underlying that section 1270 would not disturb un- important to our efforts to reduce fuel Energy bill, which is a provision of ex- derlying legal doctrines such as the consumption in America. As you know, treme importance to my Washington Mobile-Sierra doctrine or the separa- Senator BAUCUS is the ranking Demo- State constituents. Ratepayers in my tion of powers principles. The amend- crat on the Senate Finance Committee State were harmed by the Western en- ment provides further clarity that sec- and has a great understanding of our ergy crisis and the manipulation and tion 1270 is not intended to otherwise nation’s tax policy, as well as a great fraudulent practices of Enron in whole- disturb or modify the Mobile-Sierra institutional memory of tax legislation sale electricity markets. A number of doctrine by adding the phrase ‘‘or con- through the years. Senator BAUCUS and proceedings remain underway at the trary to the public interest.’’ This Senator GRASSLEY, the chairman of the Federal Energy Regulatory Commis- phrase, when coupled with the standard Finance Committee, provide us with sion, which will determine the relief recital of FERC’s exclusive authority advice and counsel concerning tax pol- granted to consumers harmed by to determine whether a charge is just icy and do a superb job in that role. Enron’s unlawful trading practices. An and reasonable, makes it clear that The specific incentive I would like to important issue that remains is wheth- Congress is making no pronouncements discuss with my friend from Montana er utilities—such as Washington regarding the manner in which FERC is a provision included in the House en- State’s Snohomish County Public Util- exercises its authority, but rather only ergy bill to encourage the use of clean ity District—should be forced to make that it is the appropriate forum to re- diesel passenger vehicles. It is called termination payments to Enron, for solve these issues. Congress is giving the ‘‘diesel advanced lean-burn’’ tax power Enron never delivered in the no guidance to FERC on Mobile-Sierra credit, and it would give consumers a midst of its scandalous collapse into one way or another through this provi- credit on their income taxes when they bankruptcy. sion. purchase a clean diesel vehicle meeting The intent of section 1270 of the un- The committee’s overarching intent stated fuel efficiency and environ- derlying bill and the technical correc- with respect to section 1270 was to en- mental requirements. I am very sup- tion we have adopted today is simply sure that the Federal Energy Regu- portive of this provision and want to to affirm that the Federal Energy Reg- latory Commission, and not the bank- encourage my colleagues to consider it ulatory Commission has exclusive ju- ruptcy court involved in the Enron when the Senate energy bill is risdiction under sections 205 and 206 of matter, decides all of the issues sur- conferenced with the House bill. the Federal Power Act to determine rounding whether termination pay- Why is that? Why do I think this pro- whether these termination payments ments are lawful. The addition of the vision is so important to our energy should be required. This provision ex- phrase ‘‘rate schedules and contracts policy? For these reasons. presses Congress’s belief that the issues entered thereunder’’ ensures that re- Diesel fuel contains more energy surrounding the potential requirement sult. than gasoline, resulting in fuel econ- to make termination payments associ- In addition, this clarification is com- omy increases of more than 40 percent ated with wholesale power contracts pletely consistent with Supreme Court compared to equivalent gas powered are inseparable and inextricably linked decisions permitting Congress to give a autos. to the commission’s jurisdictional re- Federal agency the authority to re- In fact, the Department of Energy es- sponsibilities. solve matters that are also normally timates that 30 percent diesel penetra- Mr. CRAIG. I would like to inquire of addressed by our judicial branch of tion in the U.S. passenger vehicle mar- the Senator from Washington, does sec- government. As the Supreme Court ket by 2020 would reduce net crude oil tion 1270 predetermine or in any way stated in a case entitled Commodity imports by 350,000 barrels per day. prejudice the manner in which FERC Futures Trading Commission v. Schor, So why aren’t diesel vehicles more employs its jurisdiction in matters cur- 478 U.S. 833, 854 (1986), common on U.S. highways? Because rently pending before the Commission? ‘‘looking beyond form to the substance of until recently, they have been consid- Ms. CANTWELL. This provision in no what Congress has done’’, we are persuaded ered significantly dirtier in terms of way prejudices or predetermines that the congressional authorization of lim- air pollution. But the technology has

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7270 CONGRESSIONAL RECORD — SENATE June 23, 2005 changed. Today, you will have a dif- know, in the Senate bill, we have in- Enron’s schemes to manipulate mar- ficult time telling a new diesel car cluded similar incentives for the pur- kets should not be forced to pay even from its gasoline counterpart. New die- chase of other energy-efficient vehi- more—four years later—for power that sels are clean, quiet, and powerful. And cles—hybrids, alternative fuel vehicles Enron never even delivered. they will get even cleaner with the in- and fuel cell vehicles. We often start I must thank my colleagues on the troduction of low sulfur diesel fuel in out with different positions than our Energy Committee for their thoughtful the United States late next year as the House counterparts, and typically we consideration of this issue, particularly result of new regulations. merge together the best pieces of each my colleagues from the Pacific North- Diesel engines have become increas- bill in conference. I think any new west and West as a whole who have ingly popular in Europe over the last 20 technology warrants serious consider- seen first-hand the toll the crisis has years to the extent that market pene- ation if it can help make U.S. vehicles taken on our economy and our con- tration now exceeds 40 percent. The sit- more fuel efficient and lessen our de- stituents. I must also express my grati- uation is very different in the U.S. pendence on foreign oil. tude to the rest of the members of the where diesel accounts for only 1 per- Mr. CARPER. And is it your thought committee, and to the chairman and cent of light vehicles. that the Senate conferees should care- ranking member for indulging what Clean diesel engines provide the per- fully consider the tax incentives pro- was a very thoughtful debate on this fect platform for the use of BioDiesel vided in the House version of the bill issue. which comes from products grown here for these types of vehicles? At the conclusion of the committee at home by American farmers. The Mr. BAUCUS. I believe we should, debate, this Senator was extremely satisfied; first, because of the very na- more diesel engines on the road, the and I believe we will. I am confident ture of the debate itself, in which—for greater demand for this renewable that the clean diesel credit will get almost an entire hour—a bipartisan product, and the less petroleum im- very careful consideration by the Sen- group of Senators focused their valu- ports from overseas to meet our fuel ate conferees. Mr. CARPER. I thank my friend for able time and attention on a situation needs. that is highly complicated, and likely We now have the opportunity to take taking a moment to discuss this mat- unprecedented in the history and appli- advantage of the advances in clean die- ter with me, and I would encourage my cation of our Nation’s energy laws. And colleagues who will be negotiating the sel technology and to do what we can second, because, at the end of the day, tax provisions of the Energy Bill with to get more of these fuel efficient vehi- the committee struck a blow for jus- the House of Representatives to do just cles on the road. tice and for Western consumers. It was In the 2003 Energy Bill there was a that—to carefully consider the benefits an important statement. This is not tax incentive for ‘‘new advanced lean that new clean diesel vehicles have to the kind of country where we should burn motor vehicles,’’ and the House offer. I think the benefits are substan- reward Enron for its criminal con- recently passed an Energy Bill con- tial, that diesel passenger vehicles are spiracy to commit fraud; a fraud of his- taining essentially the same provision. already very clean and will get even toric proportions perpetrated against So with that background, I wanted to cleaner next year when low sulfur fuel the consumers of the West. ask my friend from Montana whether becomes available, and that a transi- As my colleagues appreciate by now, it is correct that high efficiency diesel tion toward this technology will pay my State was particularly ravaged by vehicles would be considered ‘‘lean big dividends for the country over the the western energy crisis of 2000–2001. burning’’ vehicles? next few years. This is something we One of my State’s public utility dis- Mr. BAUCUS. First, let me com- can do which will have an almost im- tricts, Public Utility District No. 1 of pliment my friend for his thoughtful mediate positive effect, and I encour- Snohomish County, had a long-term discussion of this issue. The Senator age my colleagues to consider this in- contract with Enron, to purchase from Delaware has obviously done a centive positively. power. The contract was terminated fair amount of homework on auto- Ms. CANTWELL. Mr. President, I once Enron began its scandalous col- motive technology, and I appreciate his rise to speak to a particular section of lapse into bankruptcy. Nonetheless, insights on the benefits of clean diesel the comprehensive energy bill (S. 10) Enron has asserted before the bank- technology. Let me also congratulate that we have been discussing for the ruptcy court the right to collect all of the Senator on his work with Senator past 2 weeks. My comments focus spe- the profits it would have made under VOINOVICH and others on the recently cifically on section 1270 of this legisla- the contract through so-called ‘‘termi- introduced legislation to clean up tion. nation payments.’’ Enron has made heavy-duty diesel engines through ret- Section 1270 was an amendment I of- this claim even though Enron never de- rofitting. We adopted that measure as fered in the Energy & Natural Re- livered the power under the contract, an amendment to the energy bill ear- sources Committee mark-up of this even though Enron had obtained its au- lier this week, and I think it is an im- legislation. It was accepted after con- thority to sell power fraudulently, and portant addition, so I thank the Sen- siderable debate and discussion, on a even though Enron was in gross viola- ator for his work in that regard. bipartisan voice vote. Since then, I tion of its legal authority to sell power Now, to respond to the Senator’s have continued to work with my col- at the very time the contract was en- question concerning the diesel lean- leagues on the Energy Committee, to tered into. This has been demonstrated burn provision from the House bill. further clarify and perfect this lan- by the criminal guilty pleas of the sen- Under the House provision, the tax guage. In fact, I was pleased to work ior managers of Enron’s Western power credit would be available for the pur- with my colleague from Idaho, Senator trading operation, in which it has been chase of diesel vehicles meeting certain CRAIG, on a technical amendment to admitted that Enron was engaged in a fuel efficiency and emissions stand- this language, amendment No. 895, to massive criminal conspiracy to rig ards. As long as a vehicle met those refine it even further. electric markets and rip off electric standards, it would be considered a This provision, entitled ‘‘Relief for ratepayers. But it has been further il- ‘‘lean burning’’ vehicle and thereby Extraordinary Violations,’’ is ex- lustrated by the now-infamous Enron merit the tax credit to the purchaser. tremely important to the consumers of tapes, in which Enron employees dis- Mr. CARPER. The 2003 conference Washington State and ratepayers in cuss many unsavory topics, including legislation contained incentives for other parts of the West, who bore tre- specifically how they were ‘‘weaving lean-burn diesel vehicles. Is it fair to mendous costs as a result of Enron’s lies together’’ in their negotiations re- say that you are interested in this schemes to manipulate our wholesale lated to the contract with Snohomish. technology and in promoting cleaner electricity markets. The principle at I will tell my colleagues that there is diesel cars in the U.S.? the heart of this provision is simple. no way under the sun that I believe my Mr. BAUCUS. I agree with my col- The consumers of Washington State constituents owe Enron another penny. league that lean-burn diesel is prom- must not be forced to become the deep- Not one single penny more. What this ising technology. We did include the pockets for Enron’s bankruptcy. The amendment does is ensure that, when diesel lean-burn credit in the energy same ratepayers who have paid so dear- the Federal Energy Regulatory Com- conference measure in 2003. As you ly for the Western energy crisis and mission FERC comes to a conclusion

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7271 later this year about how to cleanup forth what is already the case. But as I nated contracts with Enron that the Enron mess, that the bankruptcy stated earlier, that is not necessarily haven’t been resolved as of this date. court cannot overturn FERC’s decision the case. This provision is necessary As a result, the amendment does not about whether these ‘‘termination pay- and critical because the Federal bank- tamper with or otherwise disturb long- ments’’ are just, reasonable or in the ruptcy court has already concluded standing legal precedents. It does not public interest. It says to FERC, ‘‘do that it will not defer to FERC with re- tamper with the Mobile-Sierra doc- your job to protect consumers, and spect to whether our constituents will trine, nor does it disturb other recent when you make a decision, that deci- be required to make termination pay- federal court decisions regarding the sion will stand.’’ Interpreting our na- ments. Not only has the bankruptcy relationship of the bankruptcy courts tion’s energy consumer protection laws court not deferred to FERC, it com- and FERC in the context of the rejec- is not the job of a bankruptcy judge. pounded the seriousness of the issue by tion in bankruptcy of FERC approved Now, this Senator has a very strong enjoining FERC from proceeding with power sales contracts. It is, as the opinion on this matter in general. I be- its own specific inquiry into whether ranking minority member of the com- lieve there is no way no stretch of the Enron is owed the termination pay- mittee observed, a ‘‘clean shot’’ that imagination, or interpretation of law ments. It forced FERC to stop on a ‘‘affirms that FERC is the entity with in which these termination payments matter that FERC had said required its the authority to review whether termi- could be deemed just, reasonable or in special expertise. nation payments associated with can- the public interest, knowing every- Imagine making it through the ardu- celled Enron power contracts are law- thing we know today about what Enron ous and frustrating, years-long process ful under the Federal Power Act.’’ did to the consumers of my state. In of proving the case against Enron and The ultimate disposition of this issue fact, during committee debate on the proving it to FERC, only to find out at is of paramount concern to my con- underlying provision in this bill, some the end of the day that the bankruptcy stituents. It will decide whether they of my colleagues suggested that we court would intervene and force these will be on the hook for more than $120 should just out-right abrogate these termination payments anyway. It is million, an amount that means more contracts; simply declare them null this situation—a collision between than $400 in the pocket of each rate- and void on their face. But what we FERC and the bankruputcy court that payer in Snohomish County, WA. It is recognized, relying on the legal exper- this legislation addresses. And what critical that this issue be decided by tise of the committee staff, is that an the Congress is saying with this the forum with the specialized exper- act like that—as tempting as it may amendment, as counsel for the Energy tise in matters relating to the sale of seem—would pose certain constitu- Committee stated during our extended electricity with a stated mission of tional issues. We recognized that this discussion, is that ‘‘the Commission, protecting ratepayers, and that is the provision section 1270—is the best way not the bankruptcy [court], is the prop- Federal Energy Regulatory Commis- for Congress to express its will in this er forum in which these question be re- sion. matter. solved.’’ That is certainly my view, and Let me conclude by saying that I am I have, as my colleagues know, had the view of many of us who represent very pleased that this provision has substantial differences with FERC over ratepayers harmed by Enron. broad bipartisan support as well as the the course of the past few years. But I I do not assume this position in deni- support of the Edison Electric Insti- am glad to say today, after 4 long gration of the responsibility of the tute, the National Rural Electric Co- years, it appears that the commission bankruptcy court. The bankruptcy operative Association and the Amer- may be on the right track on this issue. court has an important role to play in ican Public Power Association. I be- This March, FERC issued a ruling in our law and our economic community. lieve my colleague from Oregon, Sen- which the commission definitely found However, I do think it is fair to say ator SMITH, said it exactly right when that the termination payments at issue that it is a forum in which it naturally this amendment was debated in com- here ‘‘are based on profits Enron pro- looks first to maximizing the assets of mittee, and I am extremely grateful for jected to receive under its long-term the estate. In contrast, the Federal En- his support. He essentially said that no wholesale power contracts executed ergy Regulatory Commission’s first ob- Senator Republican or Democrat during the period when Enron was in ligation is to protect our nation’s rate- should feel any limitation in ‘‘lending violation of conditions of its market- payers. In this very unique context, in their shoulder to this wheel,’’ to get based rate authority.’’ For the first which a seller of electricity that has this situation fixed. Senator SMITH, time, FERC found that Enron was in fraudulently and criminally manipu- Senator ALLEN, and Senator CRAIG all violation of its market-based rate au- lated the market in violation of the played important roles during the thority at the time victimized utilities tariffs on file with the commission— mark-up in allowing this measure to such as Washington’s Snohomish PUD and where the seller is now seeking to move forward. inked power sales contract with the reap the profits from that activity in And I would be remiss if I did not now-bankrupt energy giant. That the form of termination payments for mention the invaluable assistance from FERC process is on-track to wrap-up power never delivered—what we are the Senators from Nevada on this issue this year; but so long as that process is saying here, unequivocally, is that the minority leader, Senator REID, but ongoing, utilities like Snohomish have FERC is the forum in which this should also Senator ENSIGN. While Senator been operating under the threat that be resolved. FERC is the entity that is ENSIGN does not serve on the Energy the bankruptcy court would swoop in supposed to look after our nation’s Committee, he played a crucial role in and demand payments for Enron, re- ratepayers, and should have make the ensuring that colleagues on both sides gardless of the pattern of market ma- decision about whether termination of the aisle understood the importance nipulation and fraud. In a series of rul- payments are permissible under the and reasonableness of this measure, ings, the bankruptcy court has ex- Federal Power Act.. and the importance of this provision to pressed its will to do just that. What Given the nuanced, legal nature of him and to the people of Nevada. this provision does is ensure the bank- this provision, I can assure my col- I thank my colleagues, look forward ruptcy court cannot force these utili- leagues that this ‘‘rifle shot,’’ as the to the passage of this provision out of ties and their consumers to make ter- ranking minority member of the com- the Senate and to working together to mination payments that are unjust, mittee called it, is narrowly drawn in ensure this critical measure is included unreasonable or contrary to the public order to minimize any unanticipated in legislation that emerges from the interest. impacts. It is only applicable to con- Energy bill conference with the House Section 1270 states that notwith- tracts entered into during the elec- of Representatives. standing any other provision of law, tricity crisis with sellers of electricity Mrs. MURRAY. Mr. President, I and specifically the bankruptcy code, that manipulated the market to such would like to express my support for a FERC ‘‘shall have exclusive jurisdic- an extent that they brought about un- provision in this energy legislation tion’’ to make these determinations. just and unreasonable rates. There is that provides relief for Washington Many of my colleagues might naturally only one such seller, and that is Enron, State ratepayers who suffered from assume that this provision merely sets and there are only a handful of termi- Enron’s market manipulation schemes.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7272 CONGRESSIONAL RECORD — SENATE June 23, 2005 All of us from the West Coast remem- Enron is still seeking to extract an needs. At the time, no one was aware of ber the energy crisis of 2001, when con- additional $326 million in profits from Enron’s on-going criminal conspiracy sumers and businesses were hit with my State’s utilities for power that was to manipulate the market. No one massive increases in the cost of energy. never delivered. Enron, after all of its knew that Enron had engaged in fraud Many in California faced shortages and market manipulation and financial to hide its true financial picture. brownouts. In Washington State, we fraud, is still trying to profit from its The prices that the Nevada utilities felt the impact as well. wrong-doing at the expense of each and agreed to pay Enron for long-term Washington State ratepayers have every Nevadan. power were truly outrageous. The been continually penalized for failures Section 1270 of the Energy Policy Act prices fully reflected Enron’s success in in the energy market and failures by ensures that the proper government manipulating the market. Prices were Federal energy regulators. While there agency will determine whether Enron three times as high as the threshold were many causes for the energy crisis, is entitled to more money from Ne- that FERC had established as a ceiling the most disturbing is the fact that en- vada. That agency is the Federal En- price that would trigger close scrutiny ergy companies, such as Enron, manip- ergy Regulatory Commission. When under the just and reasonable standard. ulated the marketplace to take advan- FERC was established by Congress, its As a result, in November 2001, the Ne- tage of consumers. fundamental mission was, and remains, vada utilities asked FERC to review As we saw throughout the crisis, the to protect ratepayers. FERC has spe- the rates to determine whether those Federal Energy Regulatory Commis- cialized expertise required to resolve contract prices were just and reason- sion did not take aggressive action to the issues surrounding some of the con- able. protect consumers from market manip- tracts that Enron entered into and Two days after the Nevada companies ulation. In fact, over the last several eventually terminated. filed their complaints against Enron, years, as we in the West have sought to Many of my colleagues know that Enron filed for bankruptcy. Its finan- clean up the mess that these companies Enron has filed for bankruptcy protec- cial house of cards had finally col- left in their wake, FERC has continued tion. There is an issue in the bank- lapsed. As one definitive study of to drag its regulatory feet. ruptcy case as to whether Enron can Enron concluded, Enron had been insol- For more than 3 years, many of us in enforce contracts that it terminated. vent at the time the company entered the Northwest delegation have been The enforceability of these contracts into each and every contract with the urging FERC to better protect con- should not be decided by a bankruptcy Nevada utilities. sumers, and provide relief to rate- court. A bankruptcy judge does not The contracts between Enron and the payers affected by market manipula- have the specialized expertise required Nevada utilities incorporated the West- tion. At the height of the 2001 energy for this job. A bankruptcy court is re- ern Systems Power Pool Agreement, a crisis, FERC was urging companies to sponsible for considering different eq- master agreement on file and approved enter into long-term contracts at high- uities than an oversight agency, like by FERC. This master agreement gov- ly-inflated rates, advice which many FERC, would. The bankruptcy court is erns transactions of more than 200 par- Northwest companies followed. responsible for enhancing the bank- ties throughout the west. In 2003, FERC found that market ma- ruptcy estate for the benefit of credi- Under the terms of that agreement, if nipulation occurred during the 2001 en- tors. FERC, on the other hand, sees a one of the parties files for bankruptcy, ergy crisis, but indicated it would be the other party may rescind the agree- unlikely that Washington State rate- more complete picture which includes protecting the interests of the general ment. So in this case, Enron’s bank- payers would be reimbursed for the ruptcy would have given the Nevada harm caused by the manipulation. public. This is why section 1270 is so impor- utilities cause to terminate the con- When Western utilities—including Sno- tant. It is a provision that is limited in tracts. Under the unique terms of this homish PUD, which was hit particu- scope. It does not seek to resolve the agreement, however, the commercial larly hard—terminated their contracts issue in the favor of one party. Though party that is ‘‘in the money’’ will still with Enron, Enron turned around and many Senators from affected States be able to benefit if the contract is re- sued them for ‘‘termination pay- scinded. So while the Nevada compa- ments.’’ may have been tempted to legislate the It was very disturbing for all of us to outcome, we have refrained from doing nies could terminate the contract, they see FERC agree that there was manipu- so. Let me set the stage for why this still would have had to pay Enron the lation, but leave Washington rate- provision is so critical. It is a com- difference between the contract price payers holding the bag—with no re- plicated story. It is one that should be and the market price at the time of lief—for the harm they experienced in told in order to understand why I so terminating, to say nothing of the need 2001 and continue to experience today. strongly support this provision and to buy replacement power. I am pleased that this energy legisla- why I believe the provision should be When Enron entered bankruptcy, the tion addresses this important issue by enacted into law. price for electricity had fallen to the giving FERC exclusive jurisdiction to There are two major utilities that level power had sold for prior to determine whether termination pay- serve Nevada: Nevada Power and Sierra Enron’s market manipulation. This ments are required under certain power Pacific Power. Both need to buy power demonstrates that there was a huge contracts are unjust and unreasonable. in the wholesale power market to meet difference between the artificially and This is wonderful news for Wash- the growing energy needs of Nevada. unlawfully manipulated price that ington State ratepayers because of a Las Vegas is the fastest growing city in Enron commanded at the time of the March 2005 order, in which FERC found the country. It takes a lot of power to contract and the market price at the Enron in violation of its market-based keep the lights on in Las Vegas, Reno, time Enron filed for bankruptcy. Given authority at the time Snohomish PUD and other parts of our growing State. the huge financial hit that the Nevada signed its power contract. This provi- At the height of the western electricity companies would have had to pay to sion ensures Snohomish PUD’s rate- crisis, when spot market prices for terminate the Enron contracts, the Ne- payers will not be required to pay the electricity were going not just through vada companies continued to honor now-bankrupt Enron for power the re- the roof but through the stratosphere, their commitment to purchase power gion did not receive. FERC urged utilities like the Nevada under these contracts. Mr. President, I support this provi- utilities to reduce their purchases of In March 2002, the Public Utilities sion as it will protect Northwest rate- spot supplies and enter into long-term Commission of Nevada refused to allow payers and give FERC more tools to contracts for electricity. the Nevada utilities to pass more than better police the energy market. That is precisely what the Nevada $400 million in purchased power costs Mr. ENSIGN. Mr. President, I rise to utilities did. Enron was one of the big- on to ratepayers. As a result, the credit thank my colleagues for including a gest suppliers of wholesale electricity ratings of the Nevada utilities fell provision in this bill which give the at the time. Starting in December 2000, below investment grade. Under the people of Nevada a fair chance to keep the Nevada utilities entered into long- terms of the WSPPA, this downgrade their hard earned money away from term contracts with Enron to meet a gave Enron the right to request assur- the clutches of Enron. significant portion of their long-term ances regarding the Nevada companies’

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7273 intentions with respect to their con- ments on equitable grounds; and, as- the recognition of authority to FERC tracts. In meetings and in telephone suming Enron was otherwise entitled to decide this matter is narrow. It re- calls, the Nevada Companies assured to termination payments, the contract lates solely to the legality of Enron Enron that they would be able to pay provision should be set aside as con- collecting additional profits in the Enron everything that would be owed trary to the public interest. form of termination payments for under the contracts. Then, on July 22, 2004, FERC set for power not delivered. It is also directly The WSPPA required Enron to use hearing the narrow question of whether related to the agency’s core function to ‘‘reasonable’’ discretion with respect to Enron’s termination was reasonable. ensure just and reasonable rates and the contracts. Despite this require- FERC deferred ruling on the issue of guard against market manipulation. ment, Enron terminated the contracts whether the contract should be set I want to assure my colleagues that with the Nevada companies and de- aside under the public interest stand- this provision does not encroach upon manded that the Nevada companies ard until that issue became ‘‘nec- the sanctity of contracts. It merely pay Enron termination payments to- essary.’’ At the hearing, FERC did not picks the proper forum for determining taling approximately $326 million. address the issue of equitable claims. whether Enron complied with its tariff These termination payments represent On that same day, FERC ruled in a sep- obligations. Likewise, it also does not pure profit to Enron on power than arate case that Enron could be required alter the standard of review for chal- Enron never delivered. By pure profit, I to disgorge all of its profits. lenging the contract. Congress is not mean just that. The termination pay- On September 30, 2004, FERC’s ad- picking a standard; it is only picking a ments are calculated, as I previously ministrative law judge denied Enron’s forum. noted, by the difference between the motion to dismiss the case, finding, Mr. President, this reasonable provi- cost of power today and the out- among other things, that FERC’s spe- sion has the support of key industry rageous, manipulation-based prices cialized expertise is required. leaders such as the National Rural Enron was able to extract during the U.S. District Court Judge Barbara Electric Cooperative Association, the energy crisis that Enron had unlaw- Jones reversed a ruling of the bank- American Public Power Association, fully created. ruptcy court on October 15, 2004. The and the Edison Electric Institute. It The Nevada companies refused to district court considered the issue of has bipartisan support. Anyone who make payment. At this time, it was whether the Nevada companies owed has been as harmed by Enron as rate- known that Enron had manipulated the Enron the termination payments. The payers in my state have understands entire western market. As part of district court found that the Nevada the need to ensure that only the most Enron’s bankruptcy, an ‘‘adversary companies had offered timely assur- qualified tribunal should rule on proceeding’’ was initiated to determine ances and that the issue of whether whether Enron can collect an addi- the enforceability of these contracts Enron rejected those assurances and tional $326 million in windfall profits. Mr. SALAZAR. Mr. President, as I and whether Enron would be allowed to terminated reasonably were issues of have said time and again during this continue to profit under fraudulent fact which required a trial. debate over the last several weeks, contracts at the expense of Nevada’s On December 3, 2004, the bankruptcy America is being held hostage to its ratepayers. court enjoined FERC from further pro- At this point, the legal proceedings ceedings after finding that FERC had over-dependence on foreign oil. This Energy bill is our first step in setting become very complex but the pro- violated the ‘‘automatic stay’’ provi- America free. ceedings should be summarized so my sions of the Bankruptcy Code. A hear- From the National Renewable En- ing on termination payments was ten- colleagues will understand exactly ergy Laboratory in Golden to the bal- tatively scheduled for this coming what has happened. anced development of oil and gas, Colo- On June 24, 2003, FERC determined July. Currently, motions for interlocu- rado is already playing a big part in that the ‘‘just and reasonable’’ stand- tory appeal are pending before a U.S. setting America free. ard of review is not available to the Ne- District Court Judge. With a huge, untapped resource vada companies with respect to their Despite the ruling of a FERC admin- called oil shale, Colorado can play an long-term contracts with Enron. This istrative law judge that FERC’s exper- even bigger role in this effort. If prop- decision was made because FERC ar- tise was necessary to interpret the erly developed, oil shale that exists in gued that it had previously ‘‘pre-deter- master tariff’s requirement that a ter- my great State of Colorado has the po- mined’’ that the contracts would be minating party act ‘‘reasonably,’’ the tential to be part of a strategy to ad- just and reasonable when they granted bankruptcy court has enjoined FERC dress America’s dependence on foreign Enron its authority to sell electricity from further considering this issue. oil. at market-based rates years earlier. Section 1270 of this legislation con- Colorado is home to tremendous de- On the very next day, FERC with- firms the decision of the FERC admin- posits of oil shale, a type of hydro- drew Enron’s authority to sell elec- istrative law judge. This section says carbon bearing rock that is abundant tricity at market-based rates because the judge is correct and the bank- in Western Colorado, as well as Utah of its ‘‘market manipulation schemes ruptcy court is wrong. It makes clear and Wyoming. Estimates place the po- that had profound adverse impacts on that, in this limited matter, FERC has tential recoverable amount of this type market outcomes’’ which violated its the exclusive jurisdiction to determine of oil as high as 1 trillion barrels. Let ‘‘market-based rate authorizations.’’ the merits of the claims at issue. me say that again—1 trillion barrels. The bankruptcy court judge, on Au- This provision is very reasonable. It Let me put that in perspective: gust 23, 2003, ruled on a summary judg- is a targeted response to a clash among Saudi Arabia’s proven conventional ment motion that the Nevada utilities competing jurisdictions over which tri- reserves are said to be around 261 bil- were required to pay Enron $326 million bunal, FERC or the bankruptcy court, lion barrels. in termination payments. The court should decide this issue. If Congress Several of our colleagues argued ear- held that, because FERC had not found doesn’t address the issue of jurisdiction lier this spring that ANWR is a re- that Enron’s contracts should be modi- now, the Supreme Court will have to do source so remarkable that we must fied by virtue of its market manipula- so years from now. That need not hap- open that pristine land to drilling. Ac- tion, the filed-rate doctrine applied. It pen. Congress can decide this jurisdic- cording to the U.S. Geological Sur- further ruled that it did not need to tional issue. The decision of the Sen- vey—USGS—the mean estimate of defer to FERC on whether Enron had ate, as reflected in Section 1270, is the technically recoverable oil is 7.7 billion complied with the tariff since it could right decision. barrels—billion bbl—but there is a interpret the tariff as well as FERC. The language of the amendment small chance that, taken together, the On October 6, 2003, the Nevada Com- tracks Supreme Court precedent that fields on this Federal land could hold panies filed a complaint with FERC. recognizes that Congress can choose to 10.5 billion bbl of economically recover- The complaint sought to have FERC give jurisdiction over issues to admin- able oil. That’s one percent of the po- determine: Enron’s termination was istrative agencies when the jurisdic- tential oil shale. unreasonable under the tariff; Enron tion is consistent with the core func- Assuming we use 15 million barrels of was not entitled to termination pay- tions of the agency. In this instance, oil a day just for transportation, oil

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7274 CONGRESSIONAL RECORD — SENATE June 23, 2005 shale could keep our transportation port on issues of primary concern to naling the first big takeover battle by going for another 200 years. local communities and populations a Chinese company for a U.S. corpora- Colorado has some experience in try- with commercial leasing and develop- tion. ing to access this potential asset. We ment; Energy is a global issue and we need have had two boom and bust periods, and it insists that States—not the to understand the implications for one in the 1800s and the other in the Federal Government—retain authority American interests on how these en- 1980s. over water rights. ergy shifts may impact us as well as The most recent story is about the I know we are going to hear more and the rest of the world. ‘‘Boom & Bust’’ Colorado experienced more about oil shale development in It is important that we have a com- during the last oil shale development the Rocky Mountain west. That is as it prehensive review which would include cycle that began in the 1970’s and ended should be, and we will embark on a a full assessment of the types of invest- in May of 1982 on ‘‘Black Sunday.’’ thoughtful, balanced approach to oil ments China is making in inter- I will never forget the powerful les- shale development with this bill. national and U.S. based companies, a sons of Black Sunday. Mr. ALLEN. Mr. President, as we better understanding of the relation- Colorado invested millions in new move forward on Energy legislation ship between the Chinese energy sector towns, only to see thousands of resi- crucial for our country’s national secu- and the Chinese government, and what dents flee when oil prices fell, leaving rity, jobs, and competitiveness, I wish we can do to ensure a level playing behind them a devastated real estate to raise an issue which is threatening field and flexibility in the global mar- market. global energy security. The surging de- ket. Perhaps most importantly, we Communities that invested heavily mand for energy in developing coun- need to understand how we can better in schools and roads and housing could tries coupled with the dynamic rise in work cooperatively to pursue energy no longer meet the burden of paying power and influence of government op- interests as well as work together on for this critical infrastructure. erated energy companies is changing conservation, energy efficiency, and Buildings on the Western Slope—and the global energy market. Specifically, technology. even in Denver—were built and left I am concerned about the role of the It is nice to talk about working coop- empty, if the construction was com- People’s Republic of China with its na- eratively with China, but I am con- pleted at all. tional oil companies, and the potential cerned that we may be headed on a col- Towns that thought they were seeing adverse effects on U.S. energy supplies. lision course. Energy is the lifeblood of a bright future, struggled to deal with I am also concerned about our ability economic growth and we are beginning crippling unemployment. to compete for energy assets. to see an imbalance occur. I look for- The technical challenges of oil shale China’s surging demand for energy is ward to hearing from the administra- and the searing memories of Black impacting the world. China has now tion to gain a better understanding of Sunday have taught all of Colorado emerged as the second largest con- the issues and how the U.S. can best some important lessons. sumer of energy, and demand could proceed to secure our future energy We now recognize that oil shale’s po- double by 2020. According to the U.S. needs. tential can only be realized if it is ap- Energy Information Administration, Mr. FEINGOLD. Mr. President, while proached in the right way. China is consuming 7.2 million barrels I voted for a similar amendment of- Oil shale development must be con- of oil per day and this is expected to fered by the Senators from Arizona, sidered a marathon and not a sprint. rise to 7.8 million barrels of oil per day Mr. MCCAIN, and Connecticut, Mr. LIE- I believe, as many in Colorado do, by next year. China alone has ac- BERMAN, in 2003, unfortunately, the that oil shale research and develop- counted for 40 percent of growth in oil current version of the amendment in- ment must be conducted in an open, demand over the last 4 years. Accord- cludes over $600 million in taxpayer cautious and thoughtful manner that ing to recent studies, China’s growing subsidies for the creation of new nu- includes our local communities. demand for oil is one of the significant clear powerplants. The nuclear indus- As Congress instructs Federal agen- factors driving oil prices to record high try is a mature industry that does not cies to consider oil shale research and levels. With such growth in the Chinese need to be propped up by the taxpayers. development leasing and commercial economy, it is understandable why Over 300 national environmental and leasing, it must give careful consider- there is greater demand for energy in consumer organizations, including the ation to environmental and socio- the form of coal, oil, and nuclear power League of Conservation Voters, Public economic impacts and mitigations as as well as materials ranging from ce- Interest Research Group, and the Si- well as the sustainability of an oil ment to steel. erra Club, oppose this amendment. Our shale industry. With limited domestic resources, Nation faces an ever-growing budget Colorado is a team player. The people China has embarked on an aggressive deficit and we must be fiscally and en- of my State are ready to share the program through its national energy vironmentally responsible. I strongly abundant natural resources with which companies to secure energy and in believe that global warming is an im- we have been blessed. In exchange, Col- doing so has proposed acquisition of en- portant national issue, which is why I orado expects to have a seat at the ergy assets around the world, including supported the Bingaman-Specter sense- table. assets of U.S. based companies. It has of-the-Senate amendment to push for a That is why I introduced the Oil become increasingly difficult for pri- national policy on global warming. I Shale Development Act of 2005. I am vate companies in the U.S. to compete will continue to work with my col- very pleased that it has been incor- against these government-owned en- leagues on both sides of the aisle to porated into the Energy bill we are ergy companies, such as the Chinese create a meaningful global warming now considering. state-owned company known as program. I believe the oil shale provision in CNOOC. The inherent advantage that Mr. JEFFORDS. Mr. President, I rise this Energy bill is a thoughtful ap- these state-owned companies have is today to congratulate my colleagues proach to future oil shale development. that they can operate under non-mar- on our efforts to pass an energy bill It is full of commonsense provisions ket terms and conditions for the pur- through the Senate that does not in- that build on the lessons we learned in chase of energy supplies and assets, in- clude exemptions for the oil and gas in- that painful experience 30 years ago. cluding accepting very low rates of re- dustry from drinking water and clean It directs leasing for research and de- turn. Thus, private entities in free water protections. Section 327 of H.R. 6 velopment; countries are disadvantaged in com- as reported contains an exemption to It requires a programmatic Environ- peting for energy assets. the Safe Drinking Water Act for the mental Impact Study to ensure that we China in the past year has signed practice of hydraulic fracturing. Sec- take a comprehensive environmental deals for oil reserved in Africa, Iran, tion 328 of H.R. 6 contains an exemp- look at potential commercial leasing; South America, and now Canada. tion for the oil and gas industry from It directs the Secretary of Interior to Today, one of China’s largest state- obtaining stormwater discharge per- work with the States, local commu- controlled oil companies made a $18.5 mits under the Clean Water Act, roll- nities, and industry to identify and re- billion unsolicited bid for Unocal, sig- ing back fifteen years of environmental

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7275 protection. These efforts to weaken the This exemption for hydraulic frac- three of the six largest oil and gas pro- protections applied to our Nation’s turing is not the only step backwards ducing states. In 20 the Warren County waters should be stricken from the bill that the House energy bill takes. Sec- Conservation District submitted infor- as the conferees on H.R. 6 work to re- tion 328 of the bill exempts the oil and mation to EPA indicating that 70 per- solve the differences between the two gas industry from stormwater protec- cent of the oil and gas projects they in- bills. tions in the Clean Water Act. spected between 1997 and 2002 were in Over half of our Nation’s fresh drink- Stormwater runoff is a leading cause violation of Phase I permit conditions. ing water comes from underground of impairment to the nearly 40 percent If this amendment is adopted, these ac- sources. Hydraulic fracturing occurs of surveyed U.S. water bodies that do tions will no longer be required. In FY when fluids are injected at high rates not meet water quality standards. 2002/2003, the Alaska Department of En- of speed into rock beds to fracture Currently, the oil and gas industry is vironmental Conservation estimated them and allow easier harvesting of regulated under Phase I of EPA’s that they would review 400 engineering stormwater regulations which requires natural oils and gases. It is these injec- plans as part of the stormwater permit- National Pollution Discharge Elimi- tion fluids, and their potential to con- ting process. The House provision nation System, NPDES, permits for taminate underground sources of would exempt these sites from 15-year- medium and large municipal storm drinking water, that are of high con- old requirements to reduce the pollu- sewer systems and eleven, 11, cat- cern. In a recent report, the EPA ac- tion they send into surrounding waters egories of industrial activity, including knowledged that these fluids, many of through stormwater discharges. them toxic and harmful to people, are construction sites disturbing more pumped directly into or near under- than 5 acres of land. In 1999, EPA The environmental impact from this ground sources of drinking water. This adopted the Phase II permitting re- amendment is even more severe when same report cited earlier studies that quirements, effective March 10, 2003, you factor in the approximately 30,000 indicated that only 61 percent of these covering small municipal separate oil and gas ‘‘starts’’ per year that EPA fluids are recovered after the process is stormwater systems and construction anticipates could be covered by the complete. This leaves 39 percent of sites affecting one to five acres of land. Phase II stormwater regulation. EPA is these fluids in the ground, risking con- However, EPA extended the Phase II currently reviewing the impact of the tamination of our drinking water. permitting deadline to June 12, 2006 for regulation on these sites. Adopting this In June of 2004, an EPA study on hy- only the oil and gas industry. amendment would circumvent this re- draulic fracturing identified diesel as a Now, section 328 of the House energy view process and exempt thousands of ‘‘constituent of potential concern.’’ bill completely exempts the oil and gas sites from taking action to protect Prior to this, EPA had entered into a industry from compliance with both water quality. Memorandum of Agreement with three Phase I and Phase II of the NPDES Section 402(l) of the Clean Water Act of the major hydraulic fracturing cor- stormwater program. contains a limited exemption for spe- porations, whom all voluntarily agreed This action will adversely impact water quality. Oil and gas construction cific types of uncontaminated dis- to ban the use of diesel, and if nec- charges from specific types of oil and essary select replacements that will activities require companies to under- take a number of earth disturbing ac- gas sites from stormwater permit re- not cause hydraulic fracturing fluids to quirements. The language of the Act endanger underground sources of tivities, including: clearing, grading, and excavating. Oil and gas site devel- and the legislative history of this sec- drinking water. However, all parties tion indicate that when adopted, sec- acknowledged that only technically opment may also include road con- struction to transport equipment and tion 402(l) was intended to give a nar- feasible and cost-effective actions to row exemption for specific cir- provide alternatives would be sought. other materials, as well as pipeline construction. The stormwater pollu- cumstances in the oil and gas industry Litigation over the last several years that did not include construction ac- has resulted in findings that hydraulic tion created from these activities can be devastating to the environment. tivities at every oil and gas—related fracturing should be regulated as part site. of the underground injection control According to the EPA, over a short program in the Safe Drinking Water period of time, stormwater runoff from I urge the conference committee on Act. Yet, EPA indicated in a letter in construction site activity can con- H.R. 6 to reject the Clean Water and December of 2004 that they have no in- tribute more harmful pollutants, in- Safe Drinking Water Act exemptions tention of publishing regulations to cluding sediment, into rivers, lakes, included in the House energy bill. that effect or ensuring that state pro- and streams than had been deposited These provisions represent a major grams adequately regulate hydraulic over several decades. Sediment clouds step backward in efforts to protect fracturing. water, decreases photosynthetic activ- water quality and could pose a direct I will include our letter to EPA dated ity, reduces the viability of aquatic threat to the safety of drinking water October 14, 2004, and their response plants and animals; and ultimately de- supplies. Should these exemptions be dated December 7, 2004, in the RECORD. stroys animals and their habitat. Sedi- included in the final conference report, We need to be moving in the right di- ment rates from cleared and graded we will see our Nation’s water quality rection—taking steps to ensure that construction sites are typically 10 to 20 standards go down the drain. hydraulic fracturing is appropriately times greater than those from agricul- I ask unanimous consent to print the tural lands and one-thousand to two- regulated under the Safe Drinking above-referenced letters in the RECORD. Water Act. I have introduced S. 1080, thousand times greater than those the Hydraulic Fracturing Safety Act of from forest lands. Other harmful pol- There being no objection, the mate- 2005 to ensure that the practice of hy- lutants in stormwater runoff from con- rial was ordered to be printed in the draulic fracturing is regulated under struction sites include phosphorous RECORD, as follows: the Safe Drinking Water Act through and nitrogen, pesticides, petroleum de- U.S. SENATE, COMMITTEE ON the Underground Injection Control, rivatives, construction chemicals, and ENVIRONMENT AND PUBLIC WORKS, UIC, Program. I would like to thank solid wastes that may be mobilized Washington, DC, October 14, 2004. Administrator MICHAEL O. LEAVITT, Senators LAUTENBERG, BOXER, and LIE- when land surfaces are disturbed. Environmental Protection Agency, Ariel Rios BERMAN for co-sponsoring that bill. The More than 5,000 cities, towns, and Building, Washington, DC House energy bill takes steps in the counties and eleven, 11, industrial sec- wrong direction—exempting hydraulic tors are required to obtain NPDES DEAR ADMINISTRATOR LEAVITT: We are fracturing from the Safe Drinking stormwater permits. Large oil and gas writing to you regarding the Environmental construction sites covered under the Protection Agency’s (EPA’s). administration Water Act. of the Safe Drinking Water Act (SDWA) as it I urge the conferees of this energy Phase I stormwater program have been pertains to hydraulic fracturing. In recent bill to strike section 327 of the House- taking action to reduce the impact of months, the Agency has taken several key passed energy bill. By striking this lan- sediments and pollutants on water actions on this issue: guage, the conferees will help to ensure quality since 1990. In 2005, GAO re- On December 12, 2003, the EPA signed a that the drinking water enjoyed by all ported that over a one-year period, Memorandum of Understanding with three of Americans is not damaged through the 4,330 oil and gas construction sites ob- the largest service companies representing 95 process of hydraulic fracturing. tained Phase I stormwater permits in percent of all hydraulic fracturing performed

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7276 CONGRESSIONAL RECORD — SENATE June 23, 2005 in the U.S. These three companies, Halli- e. Which companies were observed? that the Alabama program complies with the burton Energy Services, Inc., Schlumberger f. Was prior notice given of the planned requirements of the 1425 Class IT well re- Technology Corporation, and BJ Services witnessing of these events? quirements. (69 FR No. 135, pp 42341.) Accord- Company, voluntarily agreed not to use die- g. What percentage of the annual number ing to EPA, Alabama is the only state that sel fuel in their hydraulic fracturing fluids of hydraulic fracturing events that occur in has a program specifically for hydraulic frac- while injecting into underground sources of the United States does ‘‘3’’ represent? turing approved under section 1425. Based on water for coalbed methane production. h. Finally, please explain why the Material this analysis, it seems that in order to com- In June of 2004, EPA completed its study Safety Data Sheets for the fluids identified ply with the Court’s finding that hydraulic on hydraulic fracturing impacts and released as potentially being used in hydraulic frac- fracturing is a part of the Class II well defi- its findings in a report entitled, ‘‘Evaluation turing list component chemicals that the nition, the remaining states should be using of Impacts to Underground Sources of Drink- EPA does not believe are present. their existing Class IT, EPA—approved pro- ing Water by Hydraulic Fracturing of Coal- The Agency concludes in the June 2004 grams, under 1422 or 1425, to regulate hydrau- bed Methane Reservoirs. The report con- study that even if these chemicals are lic fracturing. cluded that hydraulic fracturing poses little present, they are not present in sufficient To date, EPA has approved Underground chance of contaminating underground concentrations to cause harm. The Agency Injection Control programs in 34 states. Ap- sources of drinking water and that no fur- bases this conclusion on assumed flowback, proval dates range from 1981–1996. ther study was needed. dilution and dispersion, adsorption and en- 5. Do you plan to conduct a national sur- On July 15, 2004, the EPA published in the trapment, and biodegradation. The June 2004 vey or review to determine whether state Federal Register its final response to the study repeatedly cites the 1991 Palmer study, Class IT programs adequately regulate hy- court remand (Legal Environmental Assist- ‘‘Comparison between gel-fracture and draulic fracturing? ance Foundation (LEAF), Inc., v: United water-fracture stimulations in the Black At the time that these programs were ap- States Environmental Protection Agency, Warrior basin; Proceedings 1991 Coalbed proved, the standards against which state 276 F. 3d 1253). The Agency determined that Methane Symposium,’’ which found that Class IT programs were evaluated did not in- the Alabama underground injection control only 61 percent of the fluid injected during clude any minimum. requirements for hy- (UIC) program for hydraulic fracturing, ap- hydraulic fracturing is recovered. Please ex- draulic fracturing. In its January 19, 2000 no- proved by EPA under section 1425 of the plain what data EPA collected and what ob- tice of EPA’s approval of Alabama’s 1425 pro- SDWA, complies with Class II well require- servations the Agency made in the field that gram, the Agency stated, ‘‘When the regula- ments. would support the conclusion that the 39 per- tions in 40 CFR parts 144 and 146, including We are concerned that the Agency’s execu- cent of fluids remaining in the ground are tion of the SDWA, as it applies to hydraulic the well classifications, were promulgated, it not present in sufficient concentrations to was not EPA’s intent to regulate hydraulic fracturing, may not be providing adequate adversely affect underground sources of public health protection, consistent with the fracturing of coal beds. Accordingly, the well drinking water. classification systems found in 40 CFR 144.6 goals of the statute. After identifying BTEX compounds as the First, we have questions regarding the in- and 146.5 do not expressly include hydraulic major constituent of concern (June 2004 EPA formation presented in the June 2004 EPA fracturing injection activities. Also, the var- study, page 4–15), the Agency entered into Study and the conclusion to forego national ious permitting; construction and other re- the MOU described above as its mechanism regulations on hydraulic fracturing in favor quirements found in Parts 144 and 146 do not to eliminate diesel fuel from hydraulic frac- of an MOD limited to diesel fuel. In the June specifically address hydraulic fracturing.’’ turing fluids. 2004 EPA Study, EPA identifies the charac- (65 FR No. 12, p. 2892.) 3. a. How does the Agency plan to enforce teristics of the chemicals found in hydraulic Further, EPA acknowledges that there can the provisions in the MOD and ensure that fracturing fluids, according to their Material be significant differences between hydraulic its terms are met? Safety Data Sheets (MSDSs), identifies fracturing and standard activities addressed b. For example, will the Agency conduct harmful effects ranging from eye, skin, and by state Class IT programs. In the January independent monitoring of hydraulic frac- respiratory irritation to carcinogenic ef- 19, 2000 Federal Register notice, the Agency turing processes in the field to ensure that fects. EPA determines that the presence of states: diesel fuel is not used? these chemicals does not warrant EPA regu- c. Will the Agency require states to mon- ‘‘. . . since the injection of fracture fluids lation for several reasons. First, EPA states itor for diesel use as part of their Class II through these wells is often a one-time exer- that none of these chemicals, other than UIC Programs? cise of extremely limited duration (fracture BTEX compounds, are already regulated 4. a. Should the Agency become aware of injections generally last no more than two under the SDWA or are on the Agency’s draft an unreported return to the use of diesel fuel hours) ancillary to the well’s principal junc- Contaminant Candidate List (CCL). Second, in hydraulic fracturing by one of the parties tion of producing methane, it did not seem the Agency states that it does not believe to the MOU, what recourse is available to entirely appropriate to ascribe Class II sta- that these chemicals ate present in hydrau- EPA under the terms of the MOU? tus to such wells, for all regulatory purposes, lic fracturing fluids used for coalbed meth- b. What action does the Agency plan to merely due to the fact that, prior to com- ane, and third, that if they are used, they are take should such a situation occur? mencing production, they had been frac- not introduced in sufficient concentrations c. Why did EPA choose to use an MOU as tured.’’ (65 FR No. 12, p. 2892.) to cause harm. These conclusions raise sev- opposed to a regulatory approach to achieve Although hydraulic fracturing falls under eral questions: the goal of eliminating diesel fuel in hydrau- the Class II definition, the Agency has ac- 1. The data presented in the June 2004 EPA knowledged that hydraulic fracturing is dif- study identifies potential harmful effects lic fracturing? d. What revisions were made to the June ferent than most of the activities that occur from the chemicals listed by the Agency in 2004 EPA study between the December 2003 under Class II and that there are no national this report. Has the Agency or does the regulations or standards on how to regulate Agency plan to incorporate the results of adoption of the MOU and the 2004 release of hydraulic fracturing. this study and the fact that these chemicals the study? Which of those changes dealt spe- 6. In light of the Court decision and the are present in hydraulic fracturing agents cifically with the use and effects of diesel Agency’s July 2004 response to the Court re- into the CCL development process, and if fuel hydraulic fracturing? e. The Agency also states that it expects mand, did the Agency consider establishing not, why not? 2. In the June 2004 EPA study, the Agency that even if diesel were used, a number of national regulations or standards for hy- concludes that hydraulic fracturing fluids do factors would decrease the concentration and draulic fracturing or minimum requirements not contain most of the chemicals identified. availability of BTEX. Please elaborate on for hydraulic fracturing regulations under This conclusion is based on two items—‘‘con- the data EPA collected and the observations state Class II programs? versations with field engineers’’ and ‘‘wit- the Agency made in the field that would sup- 7. a. If so, please provide a detailed descrip- nessing three separate fracturing events’’ port the conclusion that the 39 percent of tion of your consideration of establishing (June 2004 EPA Study, p. 4–17.) fluids remaining in the ground (1991 Palmer), these regulations or standards and the ra- a. How did the Agency select particular should they contain BTEX compounds, tionale for not pursuing them. field engineers with whom to converse on would not be present in sufficient concentra- b. Do you plan to establish such regula- this subject? tions to adversely affect underground tions or standards in the future? b. Please provide a transcript of the con- sources of drinking water. c. If not, what standards will be used as the versations with field engineers, including the We are also concerned that the EPA re- standard of measurement for compliance for companies or consulting firms with which sponse to the court remand leaves several hydraulic fracturing under state Class IT they were affiliated. unanswered questions. The Court decision programs? c. How did the Agency select the three sep- found that hydraulic fracturing wells ‘‘fit We appreciate your timely response to arate fracturing events to witness? squarely within the definition of Class II these questions in reaction to the three re- d. Were those events representative of the wells,’’ (LEAF II, 276 F.3d at 1263), and re- cent actions taken by the EPA in relation to different site-specific characteristics ref- manded back to EPA to determine if the Ala- hydraulic fracturing—the adoption of the erenced in the June 2004 study (June 2004 bama underground injection control program MOU, the release of the final study, and the EPA Study, p. 4–19) as determining factors in under section 1425 complies with Class II well response to the Court remand. Clean and safe the types of hydraulic fracturing fluids that requirements. On July 15, 2004, EPA pub- drinking water is one of our nation’s great- will be used? lished its finding in the Federal Register est assets, and we believe we must do all we

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7277 can to continue to protect public health. tial threat to USDWs through the use of die- process will depend upon whether they meet Thank you again for your response. sel fuel as a constituent of fracturing fluids this test. Sincerely, where coalbeds are co-located with a USDW. 2. In the June 2004 EPA study, the Agency JIM JEFFORDS. We reduced that risk by signing and imple- concludes that hydraulic fracturing fluids do BARBARA BOXER. menting the December 2003 Memorandum of not contain most of the chemicals identified. Agreement (MOA) with three major service This conclusion is based on two items—‘‘con- U.S. ENVIRONMENTAL PROTECTION companies that carry out the bulk of coalbed versations with field engineers’’ and ‘‘wit- AGENCY, methane hydraulic fracturing activities nessing three separate fracturing events’’. Washington, DC, December 7, 2004. throughout the country. This past summer a. How did the agency select particular Hon. JIM JEFFORDS, we confirmed that the companies are car- field engineers with whom to converse on U.S. Senate, rying out the MOA and view the completion this subject? Washington, DC. of this agreement as a success story in pro- The Agency did not ‘‘select’’ any of the en- DEAR SENATOR JEFFORDS: Thank you for tecting USDWs. gineers; we talked with the engineers who your letter to Administrator Michael In your letter, you asked about the Agen- happened to be present at the field oper- Leavitt dated October 14, 2004, concerning cy’s actions with respect to hydraulic frac- ations. In general those were engineers from the recent actions that the Environmental turing in light of LEAF v. EPA. In this case, the coalbed methane companies and the Protection Agency (EPA) has taken in im- the Eleventh Circuit held that the hydraulic service companies who conducted the actual hydraulic fracturing. When we scheduled to plementing the Underground Injection Con- fracturing of coalbed seams in Alabama to witness the events, we usually conversed trol (UIC) program with respect to hydraulic produce methane gas was ‘‘underground in- with the production company engineer to ar- fracturing associated with coalbed methane jection’’ for purposes of the SDWA and range the logistics and only spoke with the wells. EPA’s UIC program. Following that decision, field engineers from the service companies at The Office of Ground Water and Drinking Alabama developed—and EPA approved—a Water (OGWDW) has prepared specific re- the well site. revised UTC program to protect USDWs dur- b. Please provide a transcript of the con- sponses to your technical and policy ques- ing the hydraulic fracturing of coalbeds. The tions regarding how we conducted the hy- versations with field engineers, including the Eleventh Circuit ultimately affirmed EPA’s companies or consulting firms with which draulic fracturing study, the reasons behind approval of Alabama’s revised UIC program. our decisions pertaining to the recommenda- they were affiliated. In administering the UIC program, the EPA did not prepare a word-for-word tran- tions contained in the study, and any plans Agency believes it is sound policy to focus or thoughts we may have on the likelihood script of conversations with engineers. its attention on addressing those wells that c. How did the Agency select the three sep- for future investigation, regulation, or guid- pose the greatest risk to USDWs. Since 1999, arate fracturing events to witness? ance concerning such hydraulic fracturing. our focus has been on reducing risk from The events selected were dependent on the Since the inception of the UIC program, shallow Class V injection wells. EPA esti- location of the fracturing events, the sched- EPA has implemented the program to ensure mates that there are more than 500,000 of ules of both EPA OGWDW staff and EPA Re- that public health is protected by preventing these wells throughout the country. The gional staff to witness the event, and the endangerment of underground sources of wastes injected into them include, in part, preparation time to procure funding and au- drinking water (USDWs). The Agency has storm water runoff, agricultural effluent, thorization for travel. EPA witnessed the 3 placed a priority on understanding the risks and untreated sanitary wastes. The Agency events because the planning and scheduling posed by different types of UIC wells, and and States are increasing actions to address of these happened to work for all parties. In worked to ensure that appropriate regu- these wells in order to make the best use of one event, only EPA HQ staff witnessed the latory actions are taken where specific types existing resources. procedure, in another event only EPA Re- of wells may pose a significant risk to drink- EPA remains committed to ensuring that gional staff witnessed it, and in one event ing water sources. In 1999, in response to con- drinking water is protected. I look forward both EPA HQ and Regional staff attended cerns raised by Congress and other stake- to working with Congress to respond to any with DOE staff. holders about issues associated with the additional questions, or the concerns that d. Were those events representative of the practice of hydraulic fracturing of coalbed Members of Congress or their constituents different site-specific characteristics ref- methane wells in the State of Alabama, EPA may have. If you have further comments or erenced in the June 2004 study (p. 4–19) as de- initiated a study to better understand the questions, please contact me, or your staff termining factors in the types of hydraulic impacts of the practice. may contact Steven Kinberg of the Office of fracturing fluids that will be used? EPA worked to ensure that its study, Congressional and Intergovernmental Rela- Budget limitations precluded visits to each which was focused on evaluating the poten- tions at (202) 564–5037. of the 11 different major coal basins in the tial threat posed to USDWs by fluids used to Sincerely, U.S. It would have proven to be an expensive hydraulica11y fracture coalbed methane BENJAMIN H. GRUMBLES, and time-consuming process to witness oper- wells was carried out in a transparent fash- Acting Assistant Administrator. ations in each of these regions. Additionally, ion. The Agency provided many opportuni- Attachment. even within the same coal basin there are po- ties to all stakeholders and the general pub- tentially many different types of well con- lic to review and comment on the Agency EPA RESPONSE TO SPECIFIC QUESTIONS REGARDING HYDRAULIC FRACTURING figurations, each of which could affect the study design and the draft study. The study fracturing plan. EPA believed that wit- The data presented in the June 2004 EPA design was made available for public com- nessing events in 3 very different coal basin study identifies potential harmful effects ment in July 2000, a public meeting was held settings—Colorado, Kansas, and south west- from the chemicals listed by the Agency in in August 2000, a public notice of the final ern Virginia—would give us an under- this report. Has the Agency or does the study design was provided in the Federal standing of the practice as conducted in dif- Agency plan to incorporate the results of Register in September 2000, and the draft ferent regions of the country. this study and the fact that these chemicals study was noticed in the Federal Register in e. Which companies were observed? August 2002. The draft report was also dis- are present in hydraulic fracturing agents EPA observed a Schlumberger hydraulic tributed to all interested parties and posted into the Contaminant Candidate List (CCL) fracturing operation in the San Juan basin on the internet. The Agency received more development process, and if not, why not?’’ of Colorado, and Halliburton hydraulic frac- than 100 comments from individuals and Although the EPA CBM study found that turing operations in southwest Virginia and other entities. certain chemical constituents could be found Kansas. EPA’s final June 2004 study, Evaluation of in some hydraulic fracturing fluids, EPA f. Was prior notice given of the planned Impacts to Underground Sources of Drinking cannot state categorically that they are con- witnessing of these events? Water by Hydraulic Fracturing of Coalbed tained in all such fluids. Each fracturing pro- Yes, because it would have been very dif- Methane Reservoirs, is the most comprehen- cedure may be site specific or basin specific ficult to witness the events had they not sive review of the subject matter to date. and fluids used may depend on the site geol- been planned. To plan the visit, EPA needed The Agency did not recommend additional ogy, the stratigraphy (i.e. type of coal for- to have prior knowledge of the drilling oper- study at this time due to the study’s conclu- mation), depth of the formation, and the ation, the schedule of the drilling, and the sion that the potential threat to USDWs number of coal beds for each fracture oper- scheduling of the services provided by the posed by hydraulic fracturing of coalbed ation. The Agency’s study did not develop hydraulic fracturing service company. Wells, methane wells is low. However, the Adminis- new information related to potential health in general, take days to drill (in some cases trator retains the authority under the Safe effects from these chemicals; it merely re- weeks and months depending on depth of the Drinking Water Act (SDWA) section 1431 to ported those potential health effects indi- well) and the fracturing may take place at a take appropriate action to address any im- cated on the Material Safety Data Sheet later date depending on the availability of minent and substantial endangerment to (MSDS) or other information we obtained the service company and other factors be- public health caused by hydraulic fracturing. from the service companies. yond anyone’s control. During the course of the study, EPA could As noted in the final report, ‘‘Contami- g. What percentage of the annual number not identify any confirmed cases where nants on the CCL are known or anticipated of hydraulic fracturing events that occur in drinking water was contaminated by hydrau- to occur in public water systems. . .’’ The ex- the United States does ‘‘3’’ represent? lic fracturing fluids associated with coalbed tent to which the contaminants identified in Because of a limited project budget, EPA methane production. We did uncover a poten- fracturing fluids are part of the next CCL did not attempt to attend a representative

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7278 CONGRESSIONAL RECORD — SENATE June 23, 2005 number of hydraulic fracturing events; that c. Will the Agency require states to mon- During the specified time-frame, EPA fo- would have been beyond the scope of this itor for diesel use as part of their Class II cused on making editorial changes to the re- Phase I investigation. The primary purpose programs? port and clarifying information relative to of the site visits was to provide EPA per- Given limited funds for basic national and its qualitative discussion of the mitigating sonnel familiarity with the hydraulic frac- state UIC program requirements, EPA does effects of dilution, dispersion. adsorption, turing process as applied to coalbed methane not have plans to include the states as par- and biodegradation of residual fluids. With wells. The visits served to give EPA staff a ties to the MOA or require them to monitor respect to tbe use and effects of diesel fuel. working-level, field experience on exactly for diesel fuel in hydraulic fracturiug fluids. changes in the study primarily focused on in- how well-site operations are conducted, how The State of Alabama’s EPA-approved UIC cluding language in the text of the report the process takes place, the logistics in set- program prohibits the hydraulic fracturing which acknowledged that we had success- ting up the operation, and the monitoring of coalbeds in a manner that allows the fully negotiated an MOA with the service and verification conducted by the service movement of contaminants into USDWs at companies. Specifically, EPA referenced this companies to assure that the fracturing job levels exceeding the drinking water MCLs or agreement in the text of the report in the was accomplished effectively and safely. that may adversely affect the health of per- Executive Summary at page ES–2 and on EPA understands that thousands of frac- sons. Current federal UIC regulations do not page ES–17, and further discussed the MOA turing events take place annua1ly, for both expressly address or prohibit the use of die- in Chapter 7 in the Conclusions Section of conventional oil and gas operations and for sel fuel in fracturing fluids, but the SDWA the study. coalbed methane production, and that three and UIC regulations allow States to be more e. The Agency also states that it expects events represent an extremely small fraction stringent than the federal UIC program. that even if diesel were used, a number of of that total. 4. a. Should the Agency become aware of factors would decrease the concentration and h. Finally, please explain why the Material an unreported return to the use of diesel fuel availability of BTEX. Please elaborate on Safety Data Sheets for the fluids identified in hydraulic fracturing by one of the parties the data EPA collected and the observations as potentialIy being used in hydraulic frac- to the MOU, what recourse is available to the Agency made in the field that would sup- turing list component chemicals that the EPA under the terms of the MOU? port the conclusion that 39 percent of fluids EPA does not believe are present. There are no terms in the MOA that would remaining in the ground (1991 Palmer), In Table 4–1 of the final study, EPA identi- provide EPA a mechanism to take any en- should they contain BTEX compounds, fied the range of fluids and fluid additives forcement action should the Agency become would not be present in sufficient concentra- commonly used in hydraulic fracturing. aware of an unreported return to the use of tions to adversely affect underground Some of the fluids and fluid additives may diesel fuel in hydraulic fracturing by one of sources of drinking water. contain constituents of potential concern, the parties to the MOA. However, EPA would EPA reiterates that the 39 percent figure however, it is important to note that the in- work c1osely with the companies to deter- from the 1991 Palmer paper is only one in- formation presented in the MSDS is for the mine why such action occurred and discuss stance where it has been documented what pure product. Each of the products listed in possible termination procedures. The agree- quantity of the hydraulic fracturing fluids Table 4–1 is significantly diluted prior to in- ment defines how either party can terminate injected into wells will remain behind. Dr. jection. The MSDS information we obtained the agreement. EPA would make every effort Palmer, who conducted the original re- is not site specific. We reviewed a number of to work with such a company to maintain search, estimated that coalbed methane pro- data sheets and we noted that many of them their participation in the agreement. EPA duction wells flow back a greater percentage are different, contain different lists of fluids entered the agreement with an assumption of fracturing fluids injected during the proc- and additives, and thus we concluded in the that the companies would honor the commit- ess. Where formations are dewatered or pro- final report that we cannot say whether one ments they have made about diesel use in duced for a substantial period of time, great- specific chemical, or chemicals, is/are hydraulic fracturing fluids. er quantities of formation and fracturing present at every hydraulic fracturing oper- b. What action does the Agency plan to fluids would presumably be removed. We ation. take should such action occur? used 39 percent remaining fluids as a ‘‘worst 3. a. How does the Agency plan to enforce If such a situation does happen, and EPA case’’ scenario while doing our qualitative the provisions in the MOU and ensure that learns that diesel fuel used in hydraulic frac- assessment, since it was the only figure we its terms are met? turing fluid may enter a USDW and may had from research conducted on coalbed There is no mechanism to ‘‘enforce’’ a vol- present an imminent and substantial threat methane wells. untary agreement such as the MOA signed to public health, EPA may issue orders or With respect to the BTEX compounds, we by EPA and the three major service compa- initiate litigation as necessary pursuant to no longer believe that they are a concern nies. The MOA was signed in good faith by SDWA section 1431 to protect public health. owing to the MOA negotiated between EPA senior managers from the three service com- Otherwise, EPA would take the actions de- and the three major service companies. panies and the Assistant Administrator for scribed under the previous question. 5. Do you plan to conduct a national sur- Water, and EPA expects it will be carried c. Why did EPA choose to use an MOU as vey or review to determine whether state out. EPA has written all signers of the MOA opposed to a regulatory approach to achieve Class II programs adequately regulate hy- and asked if they have implemented the the goal of eliminating diesel fuel in hydrau- draulic fracturing? agreement and how will they ensure that lic fracturing? At this time, EPA has no plans to conduct diesel fuel is not being used in USDWs. All While the report’s findings did not point to such a survey or review regarding the ade- three have written back to EPA, stating that a significant threat from diesel fuel in hy- quacy of Class II programs in regularing hy- they have removed diesel from their CBM draulic fracturing fluids, the Agency be- draulic fracturing. In its final study design, fracturing fluids when a USDW is involved lieved that a precautionary approach was ap- EPA indicated that it would not begin to and intend to implement a plan to ensure propriate. EPA chose to work evaluate existing state regulations con- that such procedures are met. EPA intends collaborative1y with the oil service compa- cerning hydraulic fracturing until it decided to follow up with the service companies on nies because we thought that such an ap- to do a Phase III investigation. The Agency, progress in implementing such plans. proach would work quicker and be more ef- however, reserves the right to change its po- b. For example, will the Agency conduct fective than other approaches the Agency sition on this if new information warrants independent monitoring of hydraulic frac- might employ (i.e. rulemaking, enforcement such a change. turing processes in the field to ensure that orders, etc.). We believed that once the serv- 6. In light of the Court decision and the diesel fuel is not used? ice companies became familiar with the Agency’s July 2004 response to the Court re- It is unlikely that EPA will conduct such issue, they wouid willingly address EPA’s mand, did the Agency consider establishing field monitoring. First, in most oil and gas concerns. After several months of meetings national regulations or standards for hy- producing states, and coalbed methane pro- and negotiations between representatives of draulic fracturing or minimum requirements ducing states, the State Oil and Gas Agency the service companies and high level man- for hydraulic fracturing regulations under generally has UIC primary enforcement re- agement in EPA’s Office of Water, a Memo- Class II programs? sponsibility, and the state inspectors are the randum of Agreement (MOA) was drafted and When State UIC programs were approved primary field presence of such operations. signed by all parties effective December 24, by the Agency—primarily during the early Second, EPA has a very limited field staff 2003. 1980s—there was no Eleventh Circuit Court and in most cases they are engaged in car- We believe that the MOA mechanism ac- decision indicating that hydraulic fracturing rying out responsibilities related to Class I, complished the intended goal of removing was within the definition of ‘‘underground III and V wells in states in which they di- diesel from hydraulic fracturing fluids in a injection.’’ Prior to LEAF v. EPA. EPA had rectly implement the UIC program. EPA matter of months, whereas proposing a rule never interpreted the SDWA to cover produc- plans to work with several organizations, in- to require removal would have taken at least tion practices, such as hydraulic fracturing. cluding the Ground Water Protection Coun- a year or more. After the Court decision in 1997, the Agency cil and the Independent Petroleum Associa- d. What revisions were made to the June began discussions with the State of Alabama tion of America to determine if there are 2004 EPA study between the December 2003 on revising their UIC program to include hy- other smaller companies conducting CBM adoption of the MOU and the 2004 release of draulic fracturing. The net result of that hydraulic fracturing with diesel fuel as a the study? Which of those changes dealt spe- process was the EPA approval of Alabama’s constituent and will explore the possibility cifically with the use and effects of diesel revised section 1425 SDWA UIC program to of including them in the MOA. fuel in hydraulic fracturing? include specific regulations addressing CBM

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7279 hydraulic fracturing. This approval was draulic fracturing are beginning to show up. guarding our water resources and wildlife signed by the Administrator in December In western Colorado, hydraulic fracturing habitat. If you have further questions, please 1999. and published in the Federal Register in literally blew up one homeowner’s water well do not hesitate to contact me. January 2000. and contaminated it with methane. In Ala- Sincerely, In light or the Phase I HF study and our bama, hydraulic fracturing turned water JIM LYON, conclusion that hydraulic fracturing did not wells black, and citizens have experienced Senior Vice President, Conservation. present a significant public health risk, we health problems following contact with the Mr. JEFFORDS. Mr. President. I see no reason at this time to pursue a na- affected water. The true scope of the prob- thank Senator GRASSLEY, Senator BAU- tional hydraulic fracturing regulation to lem, is not known, however, because state CUS and the other members of the Sen- protect USDWs or the public health. It is agencies do not monitor groundwater for also relevant at the three major service com- chemicals used in hydraulic fracturing oper- ate Finance Committee for agreeing to panies have entered into an agreement with ations. my recycling amendment, which I call EPA to voluntarily remove diesel fuel from Despite the fact that unregulated hydrau- the Recycling Investment Saves En- their fracturing fluids. lic fracturing may be poisoning our drinking ergy, RISE, provisions. These provi- 7. a. If so, please provide a detailed descrip- water. Senator Inhofe has introduced a bill, sions were added to the tax title of the tion of your consideration of establishing S.837, on behalf of the oil and gas industry, energy bill last week and have now these regulations or standards and the ra- that would completely exempt hydraulic been incorporated into the Energy bill tionale for not pursuing them. fracturing from EPA regulation under the as section 1545 of H.R. 6. b. Do you plan to establish such regula- Safe Drinking Water Act. tions or standards in the future? Thank you and Senators Lautenberg, The current Senate Energy bill con- c. If not, what standards will be used as the Boxer and Lieberman for introducing the Hy- tains important provisions to promote standard of measurement for compliance for draulic Fracturing Safety Act of 2005 (S. the use of energy savings in vehicles, hydraulic fracturing under state Class II pro- 1080). requiring the use of nontoxic products appliances, new homes, and commer- grams? in hydraulic fracturing operations during oil cial buildings. As we move forward EPA has not explored in any detailed fash- and gas production. This important bill will with fostering energy efficiency, we ion minimum national or state requirements help to protect our precious underground must not neglect recycling. Recycling for hydraulic fracturing of CBM wells, except drinking water sources. should be an integral component of our when it evaluated the revised UIC program Sincerely, in Alabama. nation’s energy efficiency strategy. GWEN LACHELT, The RISE provisions will create jobs, Considering and developing national regu- Director. lations for hydraulic fracturing would in- increase productivity, and conserve en- volve discussions with numerous stake- NATIONAL WILDLIFE FEDERATION, ergy by establishing a tax credit to holders. the states, and the public and it Washington, DC, May 25, 2005. preserve and expand America’s recy- would require an intensive effort to arrive at Hon. JAMES M. JEFFORDS, cling infrastructure. Specifically, the regulatory language that could be applied Ranking Member, Senate Environment and Pub- provisions establish a 15 percent tax nation-wide. As EPA’s study indicates, coal- lic Works Committee, U.S. Senate, Wash- credit for the purchase of qualified re- beds are located in very distinct geologic ington, DC. cycling equipment used to sort or proc- settings and the manner in which they are DEAR RANKING MEMBER JEFFORDS: On be- produced for methane gas may be very dif- half of the National Wildlife Federation, and ess packaging and printed materials, ferent in each locale. The proximity of the millions of hunters, anglers and outdoor such as beverage containers, cardboard USDW to the coal formations. and the re- enthusiasts we represent, I am writing to boxes, glass jars, steel cans and news- gional geology and hydrology all play roles thank you for introducing the Hydraulic papers. in how hydraulic fracturing operations are Fracturing Safety Act of 2005. The tax credit could be claimed by conducted. I am pleased that your legislation would material recovery facilities, manufac- If EPA receives information of drinking ban the use of diesel or other priority pollut- turers or other persons that purchase water contamination incidents and follow-up ants listed under the Federal Water Pollu- recycling equipment that sorts or proc- investigations point to a problem, EPA tion Control Act in hydraulic fracturing for esses residential or commercial recy- would then re-evaluate its decision to not oil or natural gas exploration and production continue with additional stndy relating to and also require the EPA to regulate hydrau- clable materials, even if such equip- CBM hydraulic fracturing. lic fracturing. ment also is used to handle material Should additional states submit revised EPA does not currently regulate hydraulic from industrial facilities. UIC programs for EPA’s review and approval fracturing, a common technique used to This national investment in our recy- which include hydraulic fracturing regula- stimulate oil and gas production that can po- cling infrastructure is necessary to re- tions, we would evaluate these programs tentially compromise groundwater resources verse the declining recycling rate of under the ‘‘’effectiveness.’’ standards of the and reserves. An EPA whistle-blower and many consumer commodities, includ- SDWA section 1425 as we did or the State of other experts agree that hydraulic fracturing ing aluminum, glass and plastic, which Alabama. is a serious threat to drinking water. Hy- draulic fracturing has already impacted resi- are near historic lows. For example, 55 OIL AND GAS ACCOUNTABILITY PROJECT dential drinking water supplies in at least billion aluminum cans were wasted by Durango, CO, June 14, 2005. three states (Colorado, Virginia and Ala- not being recycled in 2004, which rep- Hon. JAMES M. JEFFORDS, bama) and incidents have been recorded in resents approximately $1 billion of alu- U.S. Senate, other states (New Mexico, West Virginia and minum lost to industry. The recycling Washington, DC. Wyoming) where residents have recorded rate of paper is estimated to be roughly DEAR SENATOR JEFFORDS: Please accept changes in water quality or quantity fol- 50 percent, glass containers 35 percent, this letter of endorsement for S. 1080, the lowing hydraulic fracturing operations near and PET plastic bottles less than 20 Hydraulic Fracturing Safey Act of 2005. their homes. Hydraulic fracturing is the industry prac- I am disappointed that the U.S. House of percent. tice of injecting fluids and other substances Representatives passed an energy bill that The energy savings from greater re- underground in order to increase production exempts the oil and gas industry from being cycling are significant. Increasing the of oil and gas. While the industry refuses to regulated under the Safe Drinking Water Act recycling of containers, packaging and fully list the chemicals it injects under- for hydraulic fracturing. The House passed paper could save the equivalent energy ground, the EPA has found that many of bill would also exempt all oil and gas con- output of 15 medium-sized power plants these chemicals are known to be toxic to hu- struction activities from the Clean Water on an annual basis. Recycling alu- mans and some are actually considered haz- Act; cut the heart out of environmental re- minum cans, for example, saves 95 per- ardous under federal law. Yet, the EPA and views by allowing for numerous National En- all states except Alabama have refused to vironmental Policy Act exemptions; and re- cent of the energy required to make regulate the toxics that are used during hy- quire the BLM to rush to judgment on com- the same amount of aluminum for its draulic fracturing operations. What this, plex energy permitting decisions. These pro- virgin source. Increasing the U.S. recy- means, in practice, is that is it legal for hy- visions would harm America’s wildlife and cling rate to 35 percent would result in draulic fracturing companies to inject toxic Americans’ water resources and recreational annual energy savings of 903 trillion chemicals into or close to drinking water opportunities. I urge you to remain steadfast BTUs, enough to meet the annual en- aquifers. The EPA has even admitted that a and oppose any amendments on the Senate ergy needs of 8.9 million homes. number of toxic hydraulic fracturing chemi- floor that would provide egregious exemp- Due to the diminishing quantity and cals can be injected into drinking water tions to the laws that protect water re- quality of available recyclable mate- sources at concentrations that pose a threat sources, wildlife and their habitat. to human health. NWF and the millions of hunters, anglers rials, many companies are not able to With thousands of new oil and gas wells and outdoor enthusiasts we represent com- obtain the volume of quality recycled being drilled each year, the impacts of hy- mend you for your leadership on safe- feedstock needed to meet demand. This

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7280 CONGRESSIONAL RECORD — SENATE June 23, 2005 new economic challenge makes it even tions in the timeframe necessary. For- tems can continue to operate despite harder for recycled products to com- tunately, many of the States have loss of a main power supply. By cre- pete in the marketplace. For example, taken up the mantle of leadership, ating onsite generating capacity two Michigan plastic recycling facili- since there is a tremendous vacuum in through the installation of cogenera- ties recently closed, affecting 100 jobs, the White House. By reversing his tion equipment at the power plant and as a result of inconsistent supply of re- pledge to control carbon dioxide from using solar powered equipment, like cycled plastic. Similarly 17 percent of powerplants, walking away from the photovoltaic panels, we could produce the recycling capacity at U.S. paper Kyoto Protocol, and now snubbing energy to operate essential systems mills has been shut down, in part due British Prime Minister Tony Blair’s re- during a blackout or significant loss of to insufficient quality recyclable mate- quest for assistance from the United power. We can start slowly by powering rials. One leading glass manufacturer States on this critical climate change emergency lighting and notification also reports that they are able to ob- problem, the President is reneging on systems in hallways so the occupants tain only a small fraction of the vol- this Nation’s responsibility and oppor- know how to exit the building safely or ume of recycled glass that their facili- tunity to be a world leader. upgrade the electrical generating ca- ties can use. Carbon dioxide levels have never pacity of the complex. Technology is In some cases, recyclers have been been higher and the United States dis- only getting better. My amendment forced to shut down their operations in proportionately contributes to the asks the Architect of the Capitol to ex- the United States and relocate to other global warming problem. We need to plore the use of this new technology to countries due in part to insufficient or reengage with the world in producing a ensure that the Nation’s Capitol al- poor quality recycled feedstocks. This binding global plan that reduces green- ways has reliable power. is particularly unfortunate as, on a house gases below levels that would In addition, this new technology also per-ton basis, sorting and processing cause dangerous interference with the has the potential to provide significant recyclables are estimated to sustain 10 Earth’s climate. savings in the Capitol’s operating times more jobs than landfilling or in- The administration and the world budget. We are all looking for ways to cineration. should pay close attention to the pas- save the taxpayers money and reduce The RISE provisions aim to reverse sage of the Bingaman-Specter resolu- the Nation’s deficit. We have the op- the declining recycling rate and result- tion that committed the Senate to portunity today to set an example and ing energy loss by incentivizing greater adopting legislation containing manda- practice what we preach. As Members collection of quality recyclable mate- tory controls on carbon dioxide. This is of Congress, we can educate ourselves rials. The bill would expand collection an important resolution and it should and our staff on the benefits of energy efforts by making innovative tech- serve as a wakeup call to the adminis- efficiency, and see first hand the sav- nology more affordable, such as revers- tration and those among the carbon-in- ings it can generate. The Nation’s Cap- ible vending machines that collect and tensive industries. We must shoulder itol can join those already utilizing process empty containers. It could also our moral responsibility to reduce the this technology and help encourage be used to finance equipment at recy- risks of global warming. others to adopt it as well. cling collection centers. Mr. President, I thank the bill man- My amendment requires a feasibility This targeted tax credit would ad- agers, Senator DOMENICI and Senator study be conducted to look at the Dirk- dress quality concerns by reducing the BINGAMAN, for agreeing to accept my sen building rooftop, including the barriers hindering investment in opti- amendment in the managers’ package open space in the center of the building cal sorting and other state of the art that was agreed to last night by unani- directly above the cafeteria. The study equipment needed at material recovery mous consent. My amendment directs will focus on more efficient use of the facilities. By reducing material loss the Architect of the Capitol to study space while providing energy and water and improving quality, RISE will in- the feasibility of installing energy and savings to the Capitol Complex. crease both the quantity and quality of water conservation measures on the I envision a wonderful park and gar- recycled feedstock available to manu- rooftop of the Dirksen building, specifi- den area that Members and staff can facturers. cally the roof area above the cafeteria actually use. These gardens would not Reducing the barriers to recycling in the center of the building. only provide a beautiful environment also serves a number of environmental Today, all that exists is open space in by utilizing native plants, but they goals, including lessening the need for the center of the building. My amend- would also reduce energy use, and pro- new landfills, preventing emissions of ment will assist the Architect in ob- vide insulation for the building to re- many air and water pollutants, reduc- taining information that will allow duce heat and energy loss. ing greenhouse gas emissions, and this space to be used in a more efficient These gardens would also provide a stimulating the development of green manner and save taxpayer dollars. collection system for rainwater to technology. But most importantly, re- During debate on the energy bill, the limit the amount of stormwater runoff cycling helps preserve resources of our Senate has heard numerous arguments in the area. This collected water could children’s future. For these reasons, I on the importance of conserving en- be utilized for basic plumbing, water- urge my colleagues to support these ergy. In August of 2003, nearly 50 mil- ing the vegetation, or even the fire provisions. lion people in the Northeast and Mid- sprinkler systems; thereby reducing Mr. President, last night the Senate west were affected by a massive power the use of water in the Capitol Com- narrowly defeated the Kerry amend- outage. This event emphasized the vul- plex. ment No. 844, sense-of- the-Senate reso- nerability of the U.S. electricity grid Installation of technology, like pho- lution on climate change. I was unable to human error, mechanical failure, tovoltaic panels, could collect the rays to be present for the vote, but I strong- and weather-related outages. Failure of the sun and provide energy to the ly supported this sense of the Senate. to maintain a reliable grid had a huge building. These can be installed on the The United States has consistently impact on our Nation’s economy, busi- rooftops of our buildings in many dif- failed to constructively engage in nesses, and individuals’ everyday lives. ferent areas. These panels are now international discussions in a manner It is vital, then, that we here in the made to blend into any environment consistent with our obligations under Senate do our part and put measures in There is even technology that exists the United Nations Framework Con- place to make the Nation’s Capitol a to funnel natural daylight into the caf- vention on Climate Change or even more secure and sustainable user of eteria in the basement. Imagine enjoy- under a basic good neighbor policy. The electricity. The Capitol Complex is ing natural daylight as you consume Bush administration policy on global largely dependent upon the electrical your lunch or hold that quick meeting. warming is ineffective, unproductive, grid for power. Our daily operations Preliminary studies show that expo- and irresponsible. should not be compromised by grid fail- sure to daylight improves worker pro- The administration’s voluntary ap- ure. ductivity and results in less absentee- proach and efforts to address global My amendment moves us forward in ism due to illness. warming have been underfunded and the right direction. Technology already The Architect of the Capitol is cur- will not produce real emissions reduc- exists to ensure that our operating sys- rently updating the master plan for the

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7281 Capitol Complex. This small project erating facilities to serve rural areas. the Senate has agreed to adopt my fits into that plan. The Architect is Under the generation grants portion of amendment that embraces the poten- making great strides to update our op- the program, preference will be given tial of biodiesel and hythane as part of erating systems with newer and effi- to renewable facilities such as wind, this effort. cient technology with sustainable fea- ocean waves, biomass, landfill gas, in- My amendment requires that the De- tures. I appreciate his efforts and en- cremental hydropower, livestock meth- partment of Energy, in conjunction courage him to continue doing so. ane, or geothermal energy. with universities throughout the coun- Before I conclude, I would like to By adopting my legislation as part of try, prepare two reports. These reports thank a former staffer who helped me this Energy bill, small electric co- would evaluate the potential markets, develop this great idea, Mary Kath- operatives and local governments in infrastructure development needs and erine Ishee. Mary Katherine was cre- Lamoille County, VT, will be eligible possible impediments to commer- ative enough to look beyond the barren to apply for Federal grants to con- cialization for two alternative fuels: view from the committee offices on the struct new facilities and transmission biodiesel and hythane. fourth floor of the Dirksen building upgrades. This is a good amendment Biodiesel can substitute directly for and realize the opportunity it pre- and it should be retained by the con- petroleum-based diesel fuel, usually sented. ferees. with no engine modifications, and of- It is about time we bring our home, Mr. President, last night the Senate fers a number of health and environ- the Capitol Complex, up to date with defeated amendment No. 961 that would mental benefits. It produces less car- the rest of the world. This language is have banned the siting of windmills in bon monoxide, less sulfur oxides emis- a step in that direction. We have the many areas in the lower 48 States and sions, and less particulate or soot emis- potential to use the latest technology made them ineligible to receive Fed- sions from some engines. It allows for to save energy, address security con- eral tax subsidies. Had I been present safer handling. It is an agricultural- cerns, conserve our resources, and to vote, I would have opposed this based feedstock may be produced anew make more efficient use of this space. amendment. In my 30 years in Con- every year, unlike fossil fuels which We will all benefit from a wonderful, gress, I have been a strong proponent have declining reserves. And in Arkan- efficient, and useful park in the middle of renewable energy sources including sas and other agricultural states, the wind power. I am very optimistic about of the Dirksen building, and the tax- robust commercializing of biodiesel the role wind energy can play in satis- payers will benefit from our reduced would mean an economic boon to our fying a growing proportion of this Na- energy and water use in the form of farmers. lower utility bills. I am very pleased tion’s energy needs. The promise of biodiesel as a fuel If the objective of this amendment that this measure has been added and I source is just beginning to show. Bio- was to protect scenic qualities of hope it will be retained by the con- diesel only currently accounts for less America’s lands and shorelines, it did ferees. than 0.1 percent of diesel fuel consump- not achieve that goal. The amendment Mr. President, I want to thank Sen- only targeted the siting of windmills tion in the U.S. But total U.S. diesel ators DOMENICI and BINGAMAN for within 20 miles of Federal public lands, fuel use was estimated at 39.5 billion adopting my amendment No. 774, as but did not address the siting of coal- gallons in 2001, including 33.2 billion of part of the Senate Energy bill. The fired powerplants and other energy on-road highway use. amendment authorizes up to $20 mil- The enhanced commercialization of sources that have far greater impacts lion a year for 7 years for the establish- to our public lands. Just look at the biodiesel can help reverse this trend, ment of a new Department of Energy impacts that air pollution blowing in but only if we enable this industry to grant program to aid local govern- from coal-fired Midwest powerplants is get off the ground on a solid footing. ments, municipal utilities, rural elec- currently having on the Great Smoky We have seen an enormous amount of tric cooperatives, and not-for-profit Mountain National Park, Shenandoah federal assistance help support and cat- agencies. The cost of repairing trans- National Park, and the protected areas apult the ethanol industry. Our soy- mission lines is proving particularly in the beautiful green mountains of bean farmers and our Nation could ben- difficult for small communities in Vermont. efit from similar treatment. Vermont and across America. This amendment also failed to treat My amendment also requires a study I became interested in creating such all public lands and wildlife refuges on the feasibility of hythane deploy- a program due to the challenges that equally. As ranking member of the En- ment, which is a blend of hydrogen and communities in my State are facing vironment and Public Works Com- methane. Hythane is considered a step- with respect to the upgrading and mittee, the committee with jurisdic- ping stone or bridge to the hydrogen siting of transmission and distribution tion over our Nation’s wildlife refuges, economy because it represents an ini- lines. For example, residents in I was concerned that, had this amend- tial commercial application of hydro- Lamoille County, VT, have been strug- ment been approved, no wind turbine gen as a legitimate fuel option. It re- gling to find ways to expand the trans- situated anywhere near Federal lands duces nitrogen oxide, NOx, emissions by mission system to accommodate the in the lower 48 States would have been 95 percent relative to diesel, and makes demands of a growing tourism industry eligible to receive Federal tax sub- significant reductions in carbon diox- without overly burdening local resi- sidies, thereby severely limiting the ide. dents with the cost of such an upgrade. expansion of wind power in the United China is now leading the way in de- Currently, the transmission system States. Oddly, this amendment specifi- veloping hythane-powered vehicles. In that delivers electricity to this area of cally exempted some other federally preparation for the 2008 Olympics, Bei- my State is at peak capacity, leaving protected areas such as coastal wildlife jing, is in the process of replacing the local community in jeopardy refuges in Louisiana and Alaska. By 10,000 diesel buses with hythane buses. should a single event like a fallen defeating this amendment by a wide Additionally, hythane offers a solu- power line or damage to a key piece of margin, the Senate sends a strong mes- tion to improve waste management in equipment occur. sage that wind power has a role to play our communities. According to the En- Not only must communities afford in satisfying this Nation’s energy vironmental Protection Agency, mu- the costs of the infrastructure itself, needs. nicipal solid waste landfills are the but also the costs of integrating these Mr. PRYOR. Mr. President, families largest source of human-related meth- new technologies into the rural land- in Arkansas want and deserve a na- ane emissions in the United States, ac- scape in a way that does not destroy tional energy policy that truly moves counting for about 34 percent of these their scenic quality and protects their us towards energy independence. We emissions. Landfill gas is created as lifestyle. must look beyond oil, gas, and coal and solid waste decomposes in a landfill These grants will help rural commu- develop cleaner alternatives and new and consists of about 50 percent meth- nities meet these needs. They can be sources of energy, especially renewable ane. used for increasing energy efficiency, fuels. Instead of allowing this gas to escape siting or upgrading transmission lines, This bill offers a good starting point into the air, it can be captured, con- or providing modernizing electric gen- in achieving this goal, and I am pleased verted, and used to make hythane. As

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7282 CONGRESSIONAL RECORD — SENATE June 23, 2005 of December 2004, there are approxi- gent development needs while reducing lieve that we face a problem, and it re- mately 380 operational Landfill Gas en- their own contribution to global cli- quires that we craft an economically ergy projects in the United States and mate change and their growing energy and environmentally sound solution. more than 600 landfills that are good dependency. Third, we must commit The McCain-Lieberman amendment candidates for projects. Companies ourselves to the fundamental task of did not pass in its current form. While ranging from Ford to Honeywell to forging an effective and sound inter- I did not vote for their amendment, I Nestle are converting landfill gas into national agreement to guide a truly want to make it very clear to the ad- energy. global effort to confront this most ministration and to others who just There is similar potential for chem- daunting problem, global climate want to say ‘‘no’’ that I will work with ical plants who also release methane change. Senator MCCAIN, Senator LIEBERMAN, into the atmosphere, contributing to In 1997, during the 105th Congress, and Senator BINGAMAN, and other Re- local smog and global climate change. the Senate passed S. Res. 98, by a vote publican and Democratic Senators who If they sequestered methane to sell to of 95 to 0. As the primary author, along want to craft a constructive solution. a hythane manufacturer, I believe they with Senator HAGEL, of S. Res. 98, I I have long said that global warming would take advantage of the profits it sought at that time to express the and our energy security are major would yield. sense of the Senate regarding the pro- challenges in the U.S. and around the My State of Arkansas, for example, visions of any future binding, inter- world. Troubling things are happening has significant methane seams, includ- national agreement that would be ac- in our atmosphere, and we should wake ing the Fayetteville shale bed methane ceptable to the Senate. up. I am not alone in this belief. The seam, which Southwest Energy and However, almost from the day of that U.S. cannot bury its head in the sand CDX Gas are already using to their ad- vote, those on both sides of the issue and hope that these problems will sim- vantage. These resources could con- have misrepresented and misconstrued ply go away. tribute to hythane fuel production as its intent. What was meant as a guide I have insisted on a rational and well. for action has instead been invoked, cost-effective approach for dealing Our Nation’s energy problems cannot time and again, as an excuse for inac- with climate change, both domesti- be solved overnight; however, we would tion. Yet no one has misrepresented cally and internationally. I have no be remiss if we did not at least further and misconstrued S. Res. 98 more so doubt that the far right and the far left explore innovative and practical solu- than this present administration. will oppose any moderate approach on tions, such as biodiesel and hythane. Rather than employing it as a tool to this issue, but it is time to get the This amendment is a win-win situation positively influence the international right architecture and solid funding in for our energy dependence, health, negotiations, the administration used place to make a first step a reality. I economy and environment. I thank my it as cover to simply walk away from am concerned that the McCain-Lieber- colleagues for their support. the negotiating table. man approach, in its present form, will Mr. FEINGOLD. Mr. President, I re- For the U.S., the issue should no negatively impact my State, but that gret that I was unable to take part in longer be about the Kyoto Protocol. does not mean that we will not be able yesterday’s cloture vote because I was Certainly, everyone in this Chamber to find some common ground in the fu- testifying before the BRAC Commis- knows that the United States will not ture. I hope that my friends in the en- sion in St. Louis, MO, along with the join the Kyoto Protocol. The rest of ergy industry will decide to work with senior Senator from Wisconsin, in an the world has come to accept that fact them as well. effort to save the Milwaukee-based as well. So let us exorcize the specter 440th Airlift Wing from closing. The of the Kyoto Protocol from this debate. Mr. President, we cannot just stand fate of the 440th is very important to The real question is what comes next. still. I know Senator MCCAIN. He is te- me and my constituents, and, while I How do we arrive at a credible, work- nacious, and Senators LIEBERMAN and have only missed a handful of votes in able strategy, one compatible with the BINGAMAN are equally tenacious. If 14 my 12 years in the Senate, it is clear to best interests of the United States and Senators in the middle can come to- me that testifying in St. Louis was the of the other major emitting industrial gether to diffuse the Nuclear Option, right decision. and developing countries? That must then I am certain that a solid center of If I had been present I would have be the question now before us. Senators can find a new path forward again voted against the cloture motion We must send a clear signal that we to address global climate change and on the nomination of John Bolton. recognize our responsibilities, and we our Nation’s energy security needs. I Since the motion required 60 votes to must be prepared to work toward a fair would certainly not support actions pass, my absence did not affect, and and effective framework for action. We that would harm the economy or the could not have affected, the outcome of must be bold leaders. We owe this to people of my State of West Virginia or the vote. ourselves; we owe it to the other na- the United States in general. Yet, I re- Mr. BYRD. Mr. President, for too tions of the world; and we owe it most peat, I believe that there is a middle long, we as a body, and we as a Nation, of all to our children and to future gen- path forward, and I stand ready to have fallen short in our efforts to ad- erations. work with those who share that view. dress some of the most profound and Technology is a critical component Mr. REID. Mr. President, I rise to far reaching challenges of our time— to resolving the climate change chal- speak to a particular section of H.R. 6, global climate change and energy secu- lenges in the U.S. and around the the Energy bill that would lead to Ne- rity. For too long, we have skirted the world. But let me be clear. Even as the vada and Washington ratepayers being issues and have shirked our respon- administration has touted technology relieved of $480 million in fees under sibilities. We have convinced ourselves as the solution, it continues to woe- fraudulent contracts entered into with that we are doing something but, in re- fully underfund these very programs. Enron, the defunct energy company. ality, we continue to take no real ac- Technology policies by themselves can- The largest utility in my State, Ne- tion. Rather than lead, we have stood not be the silver bullet. Technology vada Power, had a $326 million contract by, paralyzed, undermining any efforts policies must be paired with common- with Enron for power. The contract to forge an effective response. sense, market-based solutions to create was terminated once it became impos- It is time to pull ourselves out of incentives for innovation and adoption sible for Enron to hide its financial that quicksand and confront the tasks of new and improved technologies that frauds any longer and instead was at hand. First, we must establish prac- will provide a signal to reduce emis- forced to declare bankruptcy. Nonethe- tical and comprehensive steps to re- sions. less, Enron has asserted before the duce U.S. emissions of greenhouse There must be a broader approach. I bankruptcy court the right to collect gases and to reduce our dependence on want to commend Senators MCCAIN all of the profits it would have made foreign energy sources. Second, we and LIEBERMAN for their diligence and under the contract through so-called must work in a partnership with devel- hard work to find a middle ground. I ‘‘termination payments.’’ Enron has oping nations to deploy clean energy want to commend Senator BINGAMAN made this claim even though Enron technologies that can meet their ur- on his efforts as well. Like them, I be- never delivered the power under the

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7283 contract, even though Enron had ob- Therefore, I ask for a third reading of The record itself clearly undercuts tained its authority to sell power the bill. this contention of Mr. Rove. Within fraudulently, and even thought Enron The PRESIDING OFFICER. The days of the attack of 9/11, we passed in was in gross violation of its legal au- question is on the engrossment of the this Senate an authorization for the thority to sell power at the very time amendments and third reading of the use of military force. The vote was 98 the contract was entered into. bill. to nothing. Every Republican and The energy bill ensures that the The amendments were ordered to be every Democratic Senator voting cast proper government agency will deter- engrossed and the bill to be read a his or her vote to give the President of mine whether Enron is entitle to more third time. the United States the authority and money from Nevada. That agency is The bill was read the third time. the power to go forward, seek our en- the Federal Energy Regulatory Com- Mr. CRAIG. I ask unanimous consent emies, and destroy them. mission, FERC. When FERC was estab- that the vote on passage of the bill I can recall going up to Providence, lished by Congress, its fundamental occur at 9:45 a.m, on Tuesday, June 28, RI, my State capital, that afternoon, mission was, and remains, to protect with paragraph 4 of rule XII waived. and standing with every one of the The PRESIDING OFFICER. Without ratepayers. FERC has specialized ex- elected officials in the State, Repub- objection, it is so ordered. pertise required to resolve the issues lican and Democrat, before a crowd of surrounding some of the contracts that Mr. CRAIG. Mr. President, before I yield the floor, let me extend a very 25,000 people. My message was very Enron entered into and eventually ter- simple. The Senate unanimously has minated. The provision is an outgrowth special thanks to all who have partici- pated in the crafting and the final authorized the President to seek out of the Enron criminal conspiracy to rip and destroy those who attacked us. off ratepayers throughout the West. work product that we now have before us, a national energy policy for our That is what happened on 9/11. It was Enron is still seeking to extract an not as Mr. Rove tries to distort, to spin additional $326 million in profits from country. A good many have contrib- uted and most assuredly the chairman some situation in which we did not rec- my State’s utilities for power that was ognize the consequences or respond to never delivered. Enron, after all of its of the committee, PETE DOMENICI, and the ranking member, Senator BINGA- the responsibilities of that dreadful market manipulation and financial moment. fraud, is still trying to profit from its MAN, have done an excellent job, in a very bipartisan way, to bring us to Mr. Rove suggests that our response wrong-doing at the expense of every was simply to suggest therapy, to un- Nevadan. where we are at this moment. Let me also extend a special thanks derstand our attackers. That is a Starting in December 2000, Nevada misstatement of the fact. In fact, fol- utilities entered into long-term con- to the staff of the committee who have lowing that authorization of the use of tracts with Enron to meet a significant expended extraordinary time and hours force, we succeeded in this Senate, act- portion of their long-term needs. No to get us to this point. I thank my per- ing with virtual unanimity on measure one was aware of Enron’s fraudulent sonal staff for a near 5-year effort, as after measure, to give the President activities to manipulate electricity we have worked over a long period of and this Nation what we all needed to markets. The prices that Nevada Power time to winnow out, shape, and bring defend ourselves and to inflict upon our agreed to pay were three times as high before us what I think I can say is a adversaries the justice which they so as the threshold that FERC had estab- very fine work product. richly deserved. lished as a ceiling price. In November I am anxious to see its final passage, We passed the Aviation Transpor- 2001, Nevada Power asked FERC to re- which will occur on Tuesday, and a tation Security Act. We passed the fis- view the rate to determine whether conference with the House. I hope we cal year Intelligence Authorization those contracts were just and reason- can have this bill on the President’s Act—unanimously, the fiscal year De- able. Two days after the complaint was desk sooner, rather than later. The fense Authorization Act, the fiscal year filed against Enron, Enron filed for American people deserve a national en- Defense Appropriations Act, on and on bankruptcy. There is an issue in the ergy policy that allows this country to and on, with virtual unanimity. bankruptcy case as to whether Enron get back into the production of energy We did this because we recognized can enforce contracts that it termi- of all of the types that have been ad- that we are Americans. Today, Mr. nated. The bankruptcy court is respon- dressed in this legislation. Rove seeks to distort this historic sible for enhancing the bankruptcy es- I thank all of my colleagues for their record, to suggest we did not come to- tate for the benefit of creditors. FERC, work effort, and I yield the floor. gether as Americans, but that there on the other hand, sees a more com- The PRESIDING OFFICER. The Sen- were those who knew the way and took plete picture which includes protecting ator from Rhode Island. Mr. REED. Mr. President, I ask unan- it and those who tried to ignore the re- the interests of the general public. This issue is of paramount concern to imous consent to speak as in morning ality. That is a gross misstatement of my constituents. It will decide whether business. history, of the facts, and he should The PRESIDING OFFICER. Without they will be on the hook for more than apologize for it. It is inappropriate that a hundred million dollars, an amount objection, it is so ordered. an individual who works in the White that when spread out over a relatively KARL ROVE House should make such callous and small number of ratepayers, would Mr. REED. Mr. President, I rise to clearly erroneous statements for polit- translate into rate increases. It is crit- join many of my colleagues to express ical effect. ical that this issue be decided by the my dismay concerning the deplorable Mr. Rove suggests, in the article I forum with the specialized expertise in comments by Karl Rove that suggest have seen in the newspaper describing matters relating to the sale of elec- that—indeed states that Democrats did his speech, that our response was one tricity with a stated mission of pro- not respond to the attack on this coun- of moderation and restraint. Nothing tecting ratepayers, and that is the Fed- try on 9/11, that they did not join in could be further from the truth. Our re- eral Energy Regulatory Commission. with other Americans who not only sponse was one voice authorizing the I would like to especially thank Sen- recognized the consequences but came President to attack, giving him the ators BINGAMAN, CANTWELL, DOMENICI, together to work together to attack tools to carry out the attack. Mr. Rove and ENSIGN for their assistance on this those who attacked us and to bring to suggested that conservatives saw 9/11 provision. I thank my colleagues on justice those who had callously at- and said we will defeat our enemies. both sides of the aisle for their support tacked and killed thousands of Ameri- That is exactly what all Americans up until this point, and for their con- cans. Such a statement is beyond the said or did. He goes on to suggest that tinuing support in making sure that pale. what liberals saw prompted liberals to this critical measure is included in the Mr. President, 9/11 is a moment in say: We must understand our enemies. legislation that emerges from the con- which the Nation was attacked, and we Again, that is not the reality. I hope ference committee. all came together, not as Democrats or Mr. Rove is not suggesting unwittingly I yield the floor. Republicans, liberals or conservatives, that we should go about without re- Mr. CRAIG. Mr. President, I am not but as Americans. We all came to- specting and understanding our en- aware of any further amendments. gether. emies. He should look back at Sun Tzu,

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7284 CONGRESSIONAL RECORD — SENATE June 23, 2005 the Chinese philosopher whose ‘‘Art of MORNING BUSINESS heavy heart. One of Georgia’s best and War’’ speaks to us today as it did cen- Mr. FRIST. I ask unanimous consent brightest young soldiers has paid the turies ago. As Sun Tzu said: there now be a period of morning busi- ultimate sacrifice in the service of his If you know the enemy and know yourself, ness, with Senators permitted to speak country in the War on Terror. Tonight you need not fear the results of 100 battles. for up to 10 minutes each. the people of Ellijay, GA are grieving In fact, some might suggest we are The PRESIDING OFFICER. Without the loss of one of their bravest sons on learning about our enemy too late in objection, it is so ordered. the battlefield of freedom. In our Nation’s noble struggle to Iraq today. f The point I make is this type of at- spread democracy, First Lieutenant tack has no place, it does not conform HONORING OUR ARMED FORCES Noah Harris gave his life in Baqubah, to history, it undercuts the spirit of FIRST LIEUTENANT NOAH HARRIS Iraq. that moment, a moment in which Mr. ISAKSON. Mr. President, I rise Noah, a member of the 2nd Battalion, every American came together as one today to read from an e-mail sent to 69th Armor Regiment, 3rd Infantry Di- people, indeed, as the world responded me in May of this year: vision, died of wounds suffered as a re- to us. That unanimity may have less- Our presence here is not just about Iraq. It sult of an explosion near his armored ened over the last several months, but is sending a message to the oppressed peoples vehicle around midnight, June 17, 2005. it was there. To view September 11 any of the world that freedom can be a reality. Noah’s death came one week before other way is a gross distortion. Mr. Freedom is the greatest gift that we, the his birthday. Most young men his age Rove should apologize for it. U.S., have been granted, and as such, it is would be making plans for a celebra- He went on to attack my colleague, our responsibility to spread it. For it to be- tion; however, this young hero choose the Senator from Illinois, Mr. DURBIN. come a permanent fixture in our future and our children’s future, we must give it to all the battlefield instead. Senator DURBIN has apologized for his those that desire it. Nearly 24 years old, this brave pa- comments, and that apology is appro- triot was eager to serve his country Mr. President, that is an e-mail to priate. But to continue to attack this and to spread our message of freedom me from 1LT Noah Harris, of Ellijay, individual does nothing to advance any and democracy to oppressed nations. GA, from Baghdad, Iraq. of the ideals or aspirations or policies His tragic and untimely death is a tes- that we must be engaged with. What it On Saturday of this past week, First Lieutenant Harris died in the service of timony of his passion and dedication to does is distort a person, someone I have freedom’s call. come to know, respect, and admire. his country. His e-mail to me expressed democracy and freedom far better than The only child of Rick and Lucy Har- Someone who is caring and concerned ris, Noah was a state champion wres- for people, whose thoughtfulness, I am capable of doing. Noah Harris served as an intern in tler and the captain of his high school whose intense commitment to doing football team. A natural leader and what is appropriate for all Americans, Congressman DEAL’s office 2 years ago, which is where I had the occasion to athlete, Noah took these skills to the and who is particularly sensitive to the University of Georgia where he was the needs of our military forces has im- meet him. When I received his e-mail, I sat captain of the cheerleading squad. pressed me. As a 1999 graduate of Gilmer High Like anyone who has had the privi- down at my desk in my office and wrote him a note thanking him for his School, Noah’s gifts were not merely lege of serving and understanding in athletic. He was honored as a scholar the U.S. Army or any uniformed serv- service to his country and his fellow man. athlete during the Peach Bowl. These ice, I had the privilege of commanding are but a few of the admirable accom- paratroopers of the 82nd Airborne Divi- This morning, I rise to pay tribute to the life that has been given on behalf of plishments and achievements that en- sion. We understand the extraordinary deared Noah to all of those with whom courage and bravery and valor of those the greater good. Noah Harris was the type of young man who serves without he came in contact. individuals. While a student at UGA, Noah was I have been impressed many times desire for credit or acclaim in Iraq motivated by the attack on our coun- with Senator DURBIN’s commitment to today but on behalf of his country and try on September 11th. Noah walked in help those individuals in meaningful everything we stand for. to the ROTC office immediately after ways by providing the equipment they At the age of 23, he embodied the 9/11 asking to serve. Told he was too far need, by ensuring that our veterans hope of the future. His sacrifice, in along in his studies, Noah persisted who have served with distinction are fact, ensures that the future for others until he was allowed to join the ROTC. not ignored. The attacks on him are will be brighter. You see, Noah believed passionately without correlation to the person and He captained his high school football that there were no exemptions from to the service of this individual. team, was never beaten in the State in serving in the cost of freedom. I hope Mr. Rove would apologize for wrestling, went to the University of these remarks and would refrain in the Georgia and captained the cheerleaders A personal longing to promote lib- future from distorting the historial at that institution. erty and help the Iraqi people who had record. I don’t think that is too much He came to Washington to serve as long suffered under Saddam Hussein to ask of someone who is in such a po- an intern. Shortly after September 11, were a constant theme in Noah’s let- sition of power in the White House. 2001—struck, as all of us were, by the ters home to his family and friends, At this point, it is sufficient to con- tragedy of that day—Noah Harris vol- but ever humble, Noah shrugged off the clude by saying I hope, indeed, that we unteered to serve in the U.S. military gravity of his commitment adopting can avoid this kind of personalized at- and, to the greater good, the people of the simple mantra ‘‘I do what I can’’ in tack, this gross distortion, which is un- the world. response to being called a hero. true, misleading, and divides a nation On Saturday, at noon of this week, in Noah believed that a greater good and does not unite it. I hope we move Ellijay, GA, I and hundreds of other was worth fighting for and recognized on to substantive policy as we face real Georgians will pause in the northwest the power of leading by example which problems that face this Nation. Georgia mountains to pay tribute to exemplifies the qualities in each one of I yield the floor and suggest the ab- the life of Noah Harris. our Nation’s treasured soldiers. sence of a quorum. I am privileged and pleased to stand Noah’s vision and passion to achieve The PRESIDING OFFICER. The on the floor of the Senate today in ad- a greater good for the people of Iraq is clerk will call the roll. vance of that to acknowledge our an excellent model for those who come The legislative clerk proceeded to thanks, on behalf of this Senate, and after him to continue the fight against call the roll. all who serve in this Congress, and our freedom’s foes. Mr. FRIST. Mr. President, I ask President, for the life, the times, the Noah aspired to serve in public office, unanimous consent that the order for service, and the gift of 1LT Noah Har- and he was also interested in real es- the quorum call be rescinded. ris. tate as a personal career. A passionate The PRESIDING OFFICER. Without Mr. CHAMBLISS. Mr. President, I advocate for the mission in Iraq, Noah objection, it is so ordered. stand before this body tonight with a expressed the urgency of the cause

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7285 when he was home visiting friends and to be hopeful. Secretary Rumsfeld was vent service members from leaving the family during his leave in May. describing a different war than most military as soon as they fulfill their It is clear that Noah had a caring persons are concerned about. The war commitment. heart, as his friends recount that he in Iraq they see is one of mistake after Nearly 50 percent of the persons serv- was known to give Beanie Babies to the mistake after mistake. Whatever our ing in the regular Armed Forces have children in Iraq. position on the Iraq war, we should all been deployed to Iraq or Afghanistan In tribute to Noah, members of the be concerned that the administration since December 2001, and nearly 15 per- Gilmer County community will assem- has not handled it competently. cent of them have been deployed more ble at Gilmer High School Friday June Secretary Rumsfeld needs to see than once. 24 at 2 p.m. to distribute yellow ribbons what the American people see very Thirty six percent of all those serv- across Gilmer County in preparation clearly: The President does not have a ing in the Armed Forces, including in for the celebration of Noah’s life on winning strategy in Iraq. Our troops the National Guard and the Reserves, Saturday June 25, what would be his have been asked to do more with less. have been deployed to Iraq or Afghani- 24th birthday. Our current strategy isn’t working and stan of since December of 2001. The alarm bell about the excessive The ribbons will line highway 52 East the Congress and the American people strain on our forces has been ringing in Ellijay to Highway 515, which know it. for at least a year and a half. In Janu- stretches from the county line to the Secretary Rumsfeld insists today ary 2004, LTG John Riggs said it blunt- Ellijay First United Methodist Church, that it is false to say the administra- ly: the site of the memorial service. tion is painting a rosy picture. But Another soldier in the vehicle was I have been in the Army 39 years, and I’ve that is exactly what he continues to never seen the Army as stretched in that 39 killed, and the driver was injured se- do. It is time for Secretary Rumsfeld to years as I have today. verely in the explosion. Noah and his take off his rose-colored glasses and As LTG James Helmley, head of the fellow soldiers were transporting two admit to the American people and to Army Reserve, warned at the end of captured insurgents during night oper- our men and women in uniform who 2004, the Army Reserve ‘‘is rapidly de- ations in the Baquba neighborhood of are paying the price with their lives for generating into a ‘broken’ force’’ and is Buhritz. its failures that he had no realistic ‘‘in grave danger of being unable to Noah’s fellow soldier, Corporal Wil- strategy for success. meet other operational requirements.’’ liam A. Long of Lilburn, GA, also died It is time to level with the American These continuing deployments are from injuries sustained in the blast. people instead of continuing to paint taking their toll not only on our forces Three years ago, after talking with his an optimistic picture that has no basis in the field but also on their families stepfather and stepbrother, who are in reality because of his failed strat- here at home. The divorce rate in the former members of the military, Wil- egy. And it is time for Secretary Rums- active-duty military has increased 40 liam joined the Army. feld to resign. percent since 2000. After his enlistment expired, he was Despite the elections last January The war in Iraq and the casualties very aware that his unit would be de- and the formation of a new transitional and the strain on families have seri- ployed to Iraq. His desire to serve our Iraqi government, many are increas- ously undermined the Pentagon’s abil- country and free the Iraqi people, how- ingly concerned that the administra- ity to attract new recruits and retain ever, led him to re-enlist. tion has no effective or realistic plan members already serving. Both the A resident of Atlanta for most of his to stabilize Iraq. It continues to under- Regular and Reserve components of the life and a Berkmar High School alum- estimate the strength and the deadly Armed Forces are increasingly unable nus, William was well-mannered and resilience of the Iraqi insurgency and it to meet recruitment goals. MG Michael well-liked by all. His family describes has failed shamefully to adequately Rochelle, head of the Army Recruiting him as a ‘‘perfectionist’’ and ‘‘basket- protect our troops. More than 1,700 Command, stated the problem suc- ball-lover.’’ American service men and women have cinctly in May when he said that this Ironically, before going to Iraq, Wil- been killed in Iraq so far and over year is ‘‘the toughest recruiting cli- liam participated in more than 700 fu- 13,000 more have been wounded. The mate ever faced by the all-volunteer nerals as a member of the prestigious families of these courageous soldiers Army.’’ ‘‘Old Guard.’’ Many of those funerals know all too well that the insurgents In March, the Pentagon announced it were held at Arlington National Ceme- are not desperate or dead-enders or in was raising the maximum age for Army tery, the cemetery where William will their last throes, as administration of- National Guard recruits from 34 to 39, be buried. ficials have repeatedly claimed. and was also offering generous new President Ronald Reagan once said: Instead, General Casey indicated that health benefits for Guard and Reserve Putting people first has always been Amer- the insurgency is around 26,000 strong, members activated after the Sep- ica’s secret weapon. an increase over the 5,000 the Pentagon tember 11 terrorist attacks. Despite these facts, Secretary Rums- That secret weapon drives the Amer- believed were part of the insurgency 1 feld insisted today that we will not ican spirit to dream and dare, and take year ago. have a broken Army as a result of the As General Myers said in April, the great risks for a greater good. Noah war. and William represented the true heart capacity of the insurgents ‘‘is where The severe strain the war is placing of servant leadership. Their desire was they were almost a year ago.’’ General on our Armed Forces and on our ability to first, serve others, not themselves. Abizaid told the committee today that to protect our national security inter- My wife Julianne and I wish to ex- the overall strength of the insurgency ests in other parts of the world con- tend our sympathies and our prayers to is ‘‘about the same as it was’’ 6 months cerns us all. both Noah’s and William’s family, ago. Looking ahead, as General Vines The Army has been forced to go to friends, and fellow soldiers. Their sac- said this week, ‘‘I’m assuming that the all-time new lengths to fill its ranks. rifice will not be lost or forgotten. May insurgency will remain at about its In May, it began offering a 15-month God bless Noah Harris and William current level.’’ active duty enlistment, the shortest Long. In the last 2 months, America has enlistment tour in the history of the f lost an average of three soldiers a day Army. in Iraq, and no end is in sight. As Gen- To recruit and retain more soldiers, IRAQ eral Myers said on May 12. the National Guard has increased its Mr. KENNEDY. Mr. President, this I wouldn’t look for results tomorrow . . . retention bonus from $5,000 to $15,000. morning in the Armed Services Com- One thing we know about insurgencies is The first-time signing bonus has gone mittee, Secretary Rumsfeld and Gen- that they last from . . . three, four years to up from $6,000 to $10,000. GEN Steven erals Myers, Casey, and Abizaid briefed nine years. Blum, Chief of the Army National us on the status of the war effort. Because of the war, our military has Guard, said: Secretary Rumsfeld said, once again, been stretched to the breaking point. Otherwise, the Guard will be broken and that it is a tough road ahead but that The Department of Defense has had not ready the next time it’s needed, either we must persevere and he sees reasons to activate a stop-loss policy, to pre- here at home or for war.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7286 CONGRESSIONAL RECORD — SENATE June 23, 2005 We all know that these problems of fighting without American help and as- According to the United Nations De- recruiting and retention cannot be sistance. velopment Program, only 54 percent of fixed through enlistment bonuses, Our reconstruction effort has faltered families in Iraq have safe drinking health benefits, and raising the age of as well over the last year—and faltered water, and 80 percent of families in service. These are short-term Band- badly. The misery index in Iraq con- rural areas use unsafe drinking water. Aids on the much larger problem of the tinues to rise. As of June 15, only $6 What happened to all of the oil that war. Only progress in bringing the war billion—one third—of the $18 billion was supposed to pay for the costs of re- to an honorable conclusion will lead to provided by Congress last summer for construction and drive the recovery of a long-term solution to the problem Iraq reconstruction had been spent. Iraq’s economy? Last year, the Iraqi which is clearly undermining our abil- The Iraqi people desperately need Oil Minister said that 642 attacks on ity to respond to crises elsewhere in jobs. But we are unable to spend funds the oil system had cost the economy the world. quickly, because the security situation $10 billion. In 2005, pipelines are still Despite claims by the administration is so dire. Of the amount we do spend, under attack, and analysts believe it of progress, Iraq is far from stable and it is far from clear how much is actu- will be 2 to 3 years before Iraq is able secure. We have made very little ally creating jobs and improving the to increase its oil production. progress on security since sovereignty quality of life. We need greater focus The administration has been consist- was transferred to the interim Iraqi on small projects to create jobs for ently wrong about Iraq. They wrongly Government 1 year ago. Iraqis, not huge grants to multi- insisted there was no guerilla war. Today, Secretary Rumsfeld insisted national corporations that create more They repeatedly—and wrongly—called we are not stuck in a quagmire in Iraq. profits for corporate executives than the insurgents dead-enders who are in He insisted that ‘‘the idea that what’s stability in Iraq. their last throes. They repeatedly—and happening over there is a quagmire is By the State Department’s own ac- wrongly—sent our service men and so fundamentally inconsistent with the counting, up to 15 percent of recon- women on patrol without proper facts.’’ What planet is he on? Perhaps struction funding is being used to pro- armor, a shortage that continues with he is still living in the ‘‘Mission Ac- vide security for the reconstruction. the marines even today. When Sec- complished’’ world. That estimate itself may be too low. A retary Rumsfeld was challenged about Department of Energy analysis this By last June, 852 American service it by a soldier, to huge applause from month says that perhaps 40 percent or members had been killed in action. the troops, on the Secretary’s visit to more is actually being spent on secu- Today, the number has doubled to Iraq last December, he responded: rity, as opposed to actual reconstruc- more than 1,700. You go to war with the army you have. By last June, 5,000 American service tion. These costs have increased—not de- They’re not the army you might want or members had been wounded in action. wish to have at a later time. creased—over the past year as insur- Today, the number has more than dou- gent attacks have continued to esca- That response from the troops says it bled, to over 13,000. all. Surely, no Secretary of War or Sec- DIA Director Admiral Jacoby told late. We are spending ever-increasing amounts of assistance on security to retary of Defense in our history has the Armed Services Committee in ever been so humiliated by his troops March that: guard against an insurgency that the Vice President insists is in its last or received such a resounding vote of the insurgency in Iraq has grown in size and throes. no confidence. complexity over the past year. Attacks num- The Secretary’s failed strategy has bered approximately 25 per day one year ago. A joint survey by the United Nations Development Program and the Iraqi created an impossible situation for our Just last week, General Pace said: Government released last month shows forces. The administration has under- the numbers of attacks country-wide in Iraq is suffering from high unemploy- mined our national security and under- Iraq each day is about 50 or 60. ment, widespread poverty, deterio- mined our ability to protect our na- A year ago, the United States had 34 rating infrastructure, and unreliable tional security interests elsewhere in coalition partners in Iraq. Nine of water, sewage, sanitation, and elec- the world. those partners have pulled out in the tricity services—despite its immense Our colleague, Senator HAGEL, past year. Today, we have just 25. By oil wealth and access to water. summed it up brilliantly when he told the end of the year, another five coun- Estimates of the number of unem- U.S. News and World Report last week: tries that are among the largest con- ployed range between 20 and 50 percent Things aren’t getting better; they’re get- tributors of troops are scheduled to of the population. Every unemployed ting worse. The White House is completely pull out. person is ripe for recruiting by the in- disconnected from reality . . . It’s like One year ago, 140,000 American surgents, who offer as little as $50 a they’re just making it up as they go along. troops were serving in Iraq. Today, we person for those willing to plant explo- The reality is that we’re losing in Iraq. have the same number of troops. sives on a highway or shoot a police- Mr. President, next Tuesday marks The training of the Iraqi security man. the 1-year anniversary of the transfer forces continues to falter. The adminis- Iraq still suffers heavily from severe of sovereignty in Iraq, and to mark the tration still has not given the Amer- electricity shortages. According to the occasion, President Bush will address ican people a straight answer about Department of Energy assessment, the the Nation. how many Iraqi security forces are ade- causes are numerous, ‘‘including sabo- When he does, all of us hope that he quately trained and equipped. They tage, looting, lack of security for work- will state a new, more realistic and continue to overestimate the number ers, disruptions in fuel supplies . . .’’ more effective strategy for the United of Iraqis actually able to fight. In the A year ago, Iraqis had an average of States to succeed in Iraq. words of the General Accounting Of- 12 hours of electricity per day. Today, The war has clearly made America fice: they have just over 10 hours a day. less safe in the world. It has strength- U.S. government agencies do not report re- Almost all of Baghdad’s households ened support for al-Qaida and made it liable data on the extent to which Iraqi secu- suffer from an unstable supply. In parts harder to win the real war against ter- rity forces are trained and equipped. of the city, electricity is turned on for rorism—the war against al-Qaida. In February last year, Secretary 3 hours and then turned off for 3 hours. The President needs an effective Rumsfeld preposterously said: As a result, 29 percent rely on private strategy to accelerate the training of a We accelerated the training of Iraqi secu- generators for electricity. In areas capable Iraqi security force. rity forces, now more than 200,000 strong. with high incidences of poverty, many The President needs an effective In fact, the numbers of Iraqis who are families have no alternative supply to strategy to rescue the faltering recon- adequately trained is far, far lower. As turn to. struction effort and create jobs and General Meyers conceded a year later, Water and sanitation are enormous hope for the Iraqi people, and neu- only about 40,000 Iraqi security forces problems as well. Just this week, water tralize the temptation to join the in- ‘‘can go anywhere and do anything.’’ was unavailable in many parts of Bagh- surgents. It is still far from clear how many dad because insurgents blew up the The President needs an effective Iraqi forces are actually capable of water pipes. strategy for serious diplomacy to bring

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7287 the international community into Iraq, the preceding May and was willing to Senator LEAHY and I have worked to support the adoption of a constitu- convene the parties, the so-called very closely. It is a bipartisan bill tion that protects all the people of stakeholders, in his chambers in Phila- which had the 10 members of the Judi- Iraq. delphia in August of 2003. He brought ciary Committee on the Republican He needs an effective strategy to re- together the insurers, the trial law- side voting in favor—to repeat again, pair the damage the war has caused to yers, the AFL–CIO representing claim- subject to some reservations—and our reputation in the world and to our ants, and the manufacturers, a group of three Democrats voting in favor of the military. Our men and women in uni- four interest groups who are very pow- bill. Senator LEAHY and I are deter- form deserve no less. erful in our community. mined to retain our core provisions, We are muddling through day by day, From those two meetings, there have but we are open to suggestions. hoping for the best, and fearing the been a series of approximately 40 con- It is my hope that this bill will come worst. Our men and women in uniform ferences in my offices where we have to the Senate right after the Fourth of deserve better—and so do the American worked through a vast number of prob- July recess. That, of course, is a deci- people. lems where I think we have accommo- sion which the majority leader has to ASBESTOS dated many of the interests. make in setting the calendar. There is Mr. SPECTER. Mr. President, I have In May, the Judiciary Committee a momentum in hand where it would be sought recognition to talk briefly voted the bill out of committee on a 13- very much in the national interest, for about the contents of S. 852 to provide to-5 vote, with bipartisan support, and the reasons I stated, to move ahead. for asbestos reform. This is a subject during the course of the markup some I ask unanimous consent that the which has been before the Senate in 70 amendments were agreed to. There text of the Dear Colleague letter sent are still some outstanding issues, but one way or another for the better part by Senator LEAHY and myself to Mem- we have been soliciting cosponsors and of two decades. I recall my first con- bers of the Senate be printed in the have found very substantial interest in tact with the issue when then-Senator RECORD at the conclusion of my presen- the Senate on trying to move through Gary Hart of Colorado was soliciting tation. legislation on this important issue. members of the Judiciary Committee There being no objection, the mate- There is no denial that this is a very because of the deep problems of Johns- rial was ordered to be printed in the major national problem. There is no Mansville. RECORD, as follows: denial that there are many victims of The Supreme Court of the United asbestos who are now destitute because U.S. SENATE, States, on a number of occasions, has COMMITTEE ON THE JUDICIARY, the people who were responsible for importuned the Congress to take over Washington, DC, June 22, 2005. their damages have gone into bank- the subject because the asbestos cases DEAR COLLEAGUE: We write to detail the ruptcy. There is no denial that there are flooding the courts and because problem our nation now faces with the asbes- has been a tremendous drain on the class actions are inappropriate to ad- tos crisis and to inform you on the substance U.S. economy and that if we could of Senate Bill 852, the Fairness in Asbestos dress the issue. solve this issue it would be a bigger Injury Resolution Act of 2005, which was The result of the avalanche of asbes- boost to the economy than a gigantic voted out of committee on May 26 with a bi- tos litigation has seen some 77 compa- tax break or most any other remedy partisan 13–5 majority. We urge you to sup- nies in the United States go into bank- which might be found to stimulate our port this bill, and reiterate our interest in ruptcy and thousands of people suf- working with you to improve this legislation economy. fering from asbestos-related injuries— while preserving its core provisions. This is There are, obviously, risks in any more detailed than the customary ‘‘Dear mesothelioma, deadly diseases—and bill. We have worked through the com- unable to collect any compensation be- Colleague’’ letter, but we felt this extensive plexities of a startup procedure where discussion was necessary because of the com- cause of the fact their employers or the people who have exigent claims— plexities of the issues and proposed legisla- those who would be liable for their in- that is, where they may die within a tion. juries are in a state of bankruptcy. year—we have an elaborate system of INTRODUCTION Senator HATCH took the lead as offers and inducements to try to settle The asbestos issue has been before the Sen- chairman of the Judiciary Committee those cases within a brief period of ate Judiciary Committee for more than in the 108th Congress in structuring a time, some 9 months. Obviously, we twenty years, since Senator Gary Hart of bill which created a trust fund which cannot have a stay of judicial pro- Colorado sought the assistance of Judiciary has been established at $140 billion to ceedings forever, so there has to be Committee members in enacting federal leg- pay asbestos victims. This is a sum of some resort to the courts if we are un- islation to address Johns-Manville’s asbestos money which has been agreed to by the claims. able to get the program set up. Since that time: asbestos litigation has insurance companies and by the manu- Without going into greater detail, we facturers and had the imprimatur of overwhelmed both federal and state court have worked assiduously to try to re- systems; 77 companies have gone into bank- the leadership of the Senate. solve this issue. We either have it ruptcy, with more on the brink, due to the In the fall of last year, 2004, Senator solved or are very close to a solution. rising tide of asbestos claims; and thousands FRIST and Senator Daschle came to We have worked through complex ques- of impaired asbestos victims have received terms as that being a figure which tions on subrogation, complex ques- pennies on the dollar since many of the com- would take care of the needs. The vic- tions on the Federal Employers Liabil- panies liable for their exposure have gone tims have never been totally satisfied ity Act, and there are still ongoing de- into bankruptcy. Since the 1980’s, the number of asbestos de- with that figure, but it represents a cisions with a controversy as to how very substantial sum, obviously, and fendants has risen from about 300 to more the $90 billion will be divided up among than 8,400, spanning approximately 85 per- according to the filings of the Goldman the manufacturers. That essentially is cent of the U.S. economy. As a result, some Sachs analysis, should be adequate to the question that only the manufactur- 60,000 workers lost their jobs. Employees’ re- compensate the victims. ers themselves can guarantee. tirement funds have shrunk by an estimated They made a detailed analysis and Similarly, there are issues as to how 25 percent. This is a problem that extends be- came to the conclusion that $125 billion the $46 billion will be divided up among yond the victims of asbestos disease alone. It was the figure necessary. Then when the insurers. Candidly, the insurance has a growing impact on the average Amer- we removed the smokers, a figure of $7 industry is split on the issue, but we ican and little question remains that it is a billion, it came to a net of $118 billion, are still working, and I have meetings crisis of serious proportions. leaving a substantial cushion between in the course of the next week to 10 THE COURTS ENLIST THE HELP OF CONGRESS $118 billion on the projection and $140 days with people who have outstanding In 1997, the Supreme Court commented for billion. concerns to try to resolve those issues. the first time on the growing asbestos prob- When the bill was passed out of the When the vote came out of com- lem by stating (in the context of holding Judiciary Committee in late July of mittee, some of those who voted in that asbestos litigation was not susceptible to class action treatment): 2003, largely along party lines, the aid favor of the bill did so with reserva- The most objectionable aspects of this as- of a senior Federal judge was enlisted tions. We have worked through this, bestos litigation can be briefly summarized: to serve as a mediator. Chief Judge Ed- and I think those issues are either re- dockets in both federal and state courts con- ward R. Becker had taken senior status solved or resolvable. tinue to grow; long delays are routine; trials

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7288 CONGRESSIONAL RECORD — SENATE June 23, 2005 are too long; the same issues are litigated cluding disease categories, award amounts, claims in the tort system will be treated over and over; transaction costs exceed the Fund sunset, and judgments and verdicts upon S. 852’s enactment. With general agree- victims’ recovery by nearly two to one; ex- pending at the time of enactment. ment that if the fund was not up and running haustion of assets threatens and distorts the After hundreds of hours of extensive anal- within a reasonable amount of time, some or process; and future claimants may lose alto- ysis and deliberation, we found we could ac- all pending claims could return to the tort gether.... commodate many, if not most, of the myriad system. The bill as introduced provides for a Given the escalating problem, the Supreme issues raised by stakeholders and Senators 9 month stay of claims for exigent cases and Court has repeatedly called upon Congress to before formal introduction of S. 852. After in- a 24 month stay for nonexigent cases. Fur- act through national legislation: ‘‘[T]he ele- troduction, the Judiciary Committee held thermore, the legislation creates a procedure phantine mass of asbestos cases . . . defies six markups lasting over a month. During enabling exigent claimants to receive customary judicial administration and calls this bipartisan process, and through con- prompt payment even during the initial for national legislation.’’ The current asbes- tinuing meetings, we were able to further re- startup period authored by Senator Fein- tos crisis ‘‘cries out for a legislative solu- solve a number of complex issues, including stein. Taking into consideration concerns tion.’’ ‘‘Members of this Court have indi- medical criteria, Fund start-up, insurer allo- raised by victims, insurers, and defendant cated that Congress should enact legislation cation, the Equitas hardship issue, and Fund participants, Senators Kyl and Feinstein to help resolve the asbestos problem. Con- contribution transparency. Indeed, the worked through compromise language during gress has not responded.’’ As recently as 2003, markup process resulted in the Committee’s the markup process that greatly improves the high court observed that ‘‘this Court has acceptance of over 70 amendments from Re- the start-up process. recognized the danger that no compensation publican and Democratic members. After ex- Sunset: The stakeholders generally agree will be available for those with severe inju- tensive deliberation, the Committee dis- that if the Fund cannot pay all valid claims, ries caused by asbestos . . . It is only a mat- charged S. 852 on a solid bipartisan vote of a claimant’s right to a jury trial cannot be ter of time before inability to pay for real 13–5. barred. But such a sunset should not occur illness comes to pass.’’ S. 852 before there is an extensive and rigorous THE 2005 RAND REPORT We have sought an equitable bill which ‘‘program review.’’ During markup, Senators On May 10, 2005, the Rand Corporation takes into account, to the maximum extent Kyl and Leahy worked towards refining the issued a report highlighting the problems possible, the concerns of stakeholders and sunset procedures by enabling the Adminis- that many asbestos victims face in today’s Senators. The bill establishes a privately- trator to submit recommendations to Con- tort system. In addition to discussing the funded $140 billion trust fund that com- gress regarding possible changes to the med- number of corporate bankruptcies, and other pensates asbestos victims through a no-fault ical criteria or the funding formula. In the alarming economic consequences of asbestos system administered by the Department of event of a sunset, the bill now allows claim- liability, the report summarized the average Labor. S. 852 in no way holds the taxpayer ants to bring their lawsuits only in federal disbursements on asbestos payments to responsible for contributing to the Fund. In court or in a state court in the state in claimants for the year 2002, the most recent fact, during markup, the Committee accept- which the plaintiff resides or where the expo- year available: Asbestos victims filing ed an amendment that explicitly absolves sure took place. claims receive an average of forty-two (42) the federal government from any funding ob- Attorneys’ Fees: Before S. 852 was intro- cents for every dollar spent on asbestos liti- ligations or liabilities with respect to the duced, and after extensive deliberation with gation; Thirty-one (31¢) cents of every dollar Fund. Judiciary Committee members, agreement have gone to defense costs; and Twenty- Once established and capitalized through was reached on a 5% attorneys’ fee cap for seven (27¢) cents have gone to plaintiffs at- the private contributions from defendant and all monetary awards received by asbestos torneys and related court cost. insurer participants, asbestos victims will victims within the Fund. The nature of the LEGISLATIVE HISTORY LEADING TO S. 852 simply submit their claims to the fund claims process justifies this cap, for once the The current bipartisan bill is the product through an administrative process designed fund is established, recovery is fairly of years of negotiations, discussion, and to compensate them quickly. Claimants straightforward and there will no longer be a compromise. On May 22, 2003, then-Chairman would be fairly compensated if they meet need for substantial and time-consuming at- Hatch introduced S. 1125, the Fairness in As- medical criteria for certain illnesses and if torney involvement. Moreover, fee caps in bestos Injury Resolution Act of 2003. He de- they show past asbestos exposure. federal compensation programs are fairly serves great credit for establishing in that The major features of this bill reflect con- common. We are working on further refine- bill a national trust fund with a schedule of sensus on core principles, but all are directed ments in the bill to assist claimants in proc- payments, analogous to workers’ compensa- to ensuring fair and adequate compensation essing their claims through a paralegal pro- tion. We have built on that aspect of S. 1125, to the victims of asbestos exposure: gram that the Administrator will be author- ever mindful that the primary objective of Funding: The size of the fund was a prin- ized to implement. legislation must be to ensure fair and timely cipal issue of contention during the 108th Level VI Claimants: Members raised con- compensation to victims of asbestos disease. Congress. Last October, Majority Leader cerns about the strength of the causal con- In July 2003, the Judiciary Committee Frist and then-Democratic Leader Daschle nection between asbestos exposure and the voted out S. 1125, largely along party lines, agreed that the Fund should be set at $140 development of cancer in areas other than in an effort to move the legislation forward. billion, which has been generally accepted as the lungs (e.g., colon, stomach, esophageal However, the bill foundered on unresolved sufficient to ensure adequate payment to and laryngeal cancers). To assuage these issues. In August, Judge Edward R. Becker, victims and is now embodied in S. 852. The concerns, the bill commissions an Institute who had recently taken senior status after manufacturers and insurers have agreed to of Medicine study to assess this causal con- being Chief Judge of the Third Circuit, and pay that sum—a guaranteed amount—into nection, which will come out no later than having authored the opinion in the asbestos the trust fund. April 2006. The findings of the study will be- class action suit which was affirmed by the Removal of the Old Level VII’s: Some come binding on the Administrator when U.S. Supreme Court, convened a two-day members raised concerns about compen- compensating asbestos victims for each can- conference in Philadelphia—with manufac- sating the so-called ‘‘exposure only’’ Level cer in this disease category. turers, labor (AFL–CIO), insurers, and trial VII lung cancers, fearing that this disease Silica Claims: We heard concerns that lawyers to determine if some common category would create a ‘‘smokers’’ com- many asbestos claims might be ‘‘repack- ground could be found. Subsequently, from pensation fund. Without sufficient markers aged’’ as silica claims in the tort system. We September 2003 through January 2005, we to show a stronger causal connection be- also, however, heard concerns that liability held 36 stakeholder meetings here, with tween asbestos exposure and lung cancer, for non-asbestos diseases not be abrogated Judge Becker as a pro bono mediator. These this disease category could have required $7 simply because S. 852 becomes law. The meetings were usually attended by at least billion from the Fund. After serious consid- stakeholders agree that this is an asbestos 25 stakeholder representatives with as many eration, we removed this disease category bill, designed to dispose of all asbestos as 75 representatives attending on some oc- from the bill. claims, but that workers with genuine silica casions. These stakeholder sessions have in- No Subrogation: A key issue for to deter- exposure disease should be able to pursue cluded many Senators, as well the staffs of mine compensation for asbestos victims has their claims in the tort system. A hearing Senators Feinstein, Carper, Cornyn, DeWine, been workers’ compensation subrogation. Al- was held on this issue on February 2, 2005, Ben Nelson, Baucus, Biden, Chambliss, Craig, lowing for subrogation would permit insurers which established that exposure to asbestos Dodd, Durbin, Feingold, Graham, Grassley, to impose a lien on Fund awards recovered and silica are easily distinguishable on x- Kennedy, Kohl, Kyl, Landrieu, Levin, Lin- by claimants. The value of an award to the rays and that markings from asbestos and coln, Murray, Pryor, Schumer, Sessions, claimant depends on whether the claimant silica disease are rarely found in the same Snowe, Stabenow, and Voinovich. may have to pay a substantial amount of it patient. Consequently, the bill requires Over the last few months, in anticipation to others. To be fair to victims, claimants claimants, prior to pursuing a silica claim in of bill introduction and during Committee should be allowed to retain and receive the the tort system, to provide rigorous medical markup, we convened 26 meetings with our full value of both their Fund awards and evidence establishing that their injury was Judiciary Committee colleagues to address workers’ compensation payments. caused by exposure to silica, and that asbes- their concerns with the bill. During these de- More Effective Start-Up: Perhaps one of tos exposure was not a significant contrib- liberative sessions, we addressed issues in- the most difficult issues was how pending uting factor to their injuries.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7289 Medical Screening: Some Committee mem- sented with is not between this bipartisan uncommon and continue to help fuel bers were concerned about a medical screen- bill and one that takes a dramatically dif- the illegal gun market in our country. ing program within the Fund. Although ear- ferent approach. The choice is between this Reckless dealers and ‘‘straw pur- lier versions of the asbestos bill excluded bipartisan bill and the continuation of the chasers’’ indirectly threaten the secu- such a program, we concluded that one was present chaotic system which leaves thou- necessary as an offset to the reduced role of sands of victims suffering from deadly dis- rity of our communities by facilitating a claimant’s attorney. It is reasonable to eases without compensation and scores of the transfer of dangerous firearms to have routine examinations for a discrete companies threatened with bankruptcy. potential criminals who may use them population of high-risk workers as a matter Sincerely, in violent crimes. Unfortunately, in- of basic fairness. By establishing a program ARLEN SPECTER. stead of strengthening our gun safety with rigorous standards (such as a provision PATRICK LEAHY. laws as they apply to reckless dealers offered by Senator Coburn requiring service f and ‘‘straw purchasers,’’ some of my providers to be paid at Medicare rates), as has been done in this bill, unmeritorious STRAW PURCHASES AND THE colleagues are seeking to provide irre- claims can be avoided with the fair deter- ILLEGAL GUN MARKET sponsible gun manufacturers and deal- mination of those entitled to compensation ers with immunity from liability, even under the statutory standard. This program Mr. LEVIN. Mr. President, a report when their actions contribute to the is vastly different from any screening in the published last week in the Buffalo growth of the illegal gun market. I current tort system. News further exposes how reckless gun urge my colleagues to support efforts Pending Claims and Settlements: Prior to dealers and the use of ‘‘straw pur- bill introduction, and as a result of the nu- to help stop guns from falling into the chasers’’ contribute to gun violence in hands of violent criminals. merous stakeholder meetings, agreement our country. It is important that we was reached on how the bill affects pending f claims and settlements in the tort system. recognize their role in adding to our The bill preserves: (1) cases with a verdict or Nation’s gun violence problem and LOCAL LAW ENFORCEMENT final order or final judgment entered by a work to enact commonsense legislation ENHANCEMENT ACT OF 2005 trial court; (2) any civil claim that, on the to keep dangerous firearms out of the Mr. SMITH. Mr. President, I rise date of enactment, is in trial before a jury or hands of violent criminals. today to speak about the need for hate judge at the presentation of evidence phase; Under current law, when an indi- crimes legislation. Each Congress, Sen- and (3) written settlement agreements, exe- vidual buys a handgun from a licensed ator KENNEDY and I introduce hate cuted prior to date of enactment, between a dealer, there are Federal requirements crimes legislation that would add new defendant and a specific named plaintiff, so for a background check to insure that long as the agreement expressly obligates categories to current hate crimes law, the defendant to make a future monetary the purchaser is not an individual who sending a signal that violence of any payment to the plaintiff and plaintiff fulfills is prohibited by law from purchasing or kind is unacceptable in our society. all conditions of the settlement agreement possessing a firearm. ‘‘Straw pur- Likewise, each day I have come to the within 30 days. chasers’’ serve as middlemen by pur- floor to highlight a separate hate crime CT Scans: Unlike prior iterations of the as- chasing firearms with the intent of that has occurred in our country. bestos bill, S. 852 permits greater use of CT transferring or selling them to other In Chicago, a bisexual Latina student scans. During markup, the Committee ac- individuals who may be prohibited by cepted an amendment that commissions a was threatened by a white male at a study by the Institute of Medicine to evalu- law from purchasing firearms them- local university because of her sexual ate whether CT scans are well accepted and selves or who may wish to hide the orientation. Sometime after the inci- reasonably reliable to diagnose certain lung total number of firearms in their pos- dent, the victim was walking outside of cancer claims. In addition, after extensive session from Federal authorities. These her dorm when the same male student discussions between Senators Leahy and ‘‘straw purchasers’’ help to supply the followed her into an alley and as- Coburn, the Committee accepted an amend- illegal gun market by allowing the true saulted her. She was punched and ment that calls on the American College of purchaser to obtain firearms, often- kicked repeatedly in the stomach. Radiologists to establish guidelines for com- times in large quantities, without hav- paring claimants’ CT scans. I believe that the Government’s first Transparency: Several members raised ing to pass a background check. This duty is to defend its citizens, to defend concern over the specific sources of defend- practice is a felony under Federal law. them against the harms that come out ant funding. After numerous briefing ses- As the Buffalo News report points of hate. The Local Law Enforcement sions from claims analysts and financial pro- out, individuals using ‘‘straw pur- Enhancement Act is a symbol that can jection experts, the Committee accepted an chasers’’ are often aided by gun dealers become substance. I believe that by amendment which provides that within 60 who turn a blind eye to the practice. passing this legislation and changing days after the date of enactment the contrib- One of the gun show dealers mentioned utors to the Fund must submit to the Ad- current law, we can change hearts and ministrator information sufficient to deter- in the report has been linked to more minds as well. mine their contribution levels. The Adminis- than 600 guns recovered by New York f trator must publish this funding allocation City police, a semi-automatic rifle used information in the Federal Register within in the 1999 shootings at Columbine SUPPORT SPLITTING THE NINTH 60 days of receipt and before the Fund can be High School, and is now prohibited CIRCUIT COURT OF APPEALS deemed operational. from selling guns in the State of Cali- Mr. CRAIG. Mr. President, I rise Asbestos Ban: Despite the known danger fornia as a result of a lawsuit brought today to support legislation splitting involved with asbestos, a number of products and processes still use asbestos today. As by several communities there. In addi- the Ninth Circuit Court of Appeals. It Congress considers creating an alternative tion, reportedly nearly 200 handguns is high time Congress took this action. compensation program to address past expo- that were illegally resold in Buffalo, For far too long, the Ninth Circuit has sures to asbestos, it is only sensible that we NY, were originally sold by the same been bogged down by an immense case- also prevent future asbestos-related illnesses dealer. Investigations revealed that the load, slowing the wheels of justice. from occurring by banning asbestos use. handguns were obtained over a 6-month Now we have the opportunity to cor- Therefore, this bipartisan bill contains a ban period by a man and several accom- rect a problem that has been in sore on the commercial manufacture, use and dis- plices who made ‘‘straw purchases’’ on need of a solution for decades. The peo- tribution of asbestos and asbestos-containing products, originally authored by Senator his behalf. Since records of multiple ple of the State of Idaho have long re- Murray. This provision was unanimously gun sales must be filed with the Gov- quested this action, but it is not only modified in Committee last month by the ernment, the ‘‘straw purchases’’ were good for Idaho; it is good for the States adoption of Senator Kyl’s amendment to pro- apparently made to avoid alerting Fed- of the West represented in the Ninth vide narrow exceptions to the ban for na- eral authorities to the illegal reselling Circuit, and for the Nation as a whole. tional security purposes. of the guns in Buffalo. According to the Calls for a split in the Ninth Circuit S. 852 has benefited from a thorough proc- Buffalo News, the ‘‘straw purchasers’’ began as early as the 1930s. Support ess during this Congress. This legislation is in this case said that their role was dwindled when the court expanded into complicated, but it is both integrated and comprehensive and reflects a remarkable and limited to signing and paying for the Seattle and Portland to alleviate trav- widespread will to enact legislation to fi- handguns that the true buyer selected. el concerns and caseload burdens. In nally resolve the asbestos crisis. On the state Occurrences like those detailed by 1973, the Hruska Commission expressed of a 20 year record, the choice we are pre- the Buffalo News are apparently not concerns with the size of two circuit

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7290 CONGRESSIONAL RECORD — SENATE June 23, 2005 courts: the Ninth and the Fifth. Con- at coping with the circuit’s unwieldy that the true spirit of the Phase II gress compromised in 1978 by expand- size. However, I submit that we have agreement is upheld.∑ ing the number of judges in both cir- long since reached the point beyond cuits. However, in 1981 the sheer size which this crisis can be ‘‘managed’’ f forced Congress to split the Fifth Cir- away. It is a gross disservice to the tal- MAJOR GENERAL JANET E.A. cuit in two, forming the Eleventh Cir- ented jurists and staff of the Ninth Cir- HICKS cuit and the Fifth Circuit in its current cuit, and an injustice to the citizens of ∑ configuration. Interestingly, a 2003 re- the States it represents, for this Con- Mr. CHAMBLISS. Mr. President, I port shows that the Ninth Circuit is, gress to stand idly by while caseloads rise today to recognize and commend today, almost the same size as the and waiting periods only increase, and an outstanding patriot and American, Fifth and Eleventh if they were recom- increase, and increase. Major General Janet Hicks, the Com- bined. Two versions of corrective legislation manding General of the United States Army Signal Center at Fort Gordon, Legislation was introduced in 1989 to are being introduced by Senators MUR- GA, the first female Chief of the Signal split the Ninth into two circuits, cre- KOWSKI and ENSIGN, and it is my inten- ating a new Twelfth Circuit Court of tion to cosponsor both of these pro- Corps in the history of the Army and Appeals. A 1990 report advised against posals. I pledge to do everything within the first female Commanding General the split without first attempting man- my power to help enact a workable of the U.S. Army Signal Center at Fort agement changes to ease the caseload plan for splitting the Ninth Circuit, Gordon, GA. General Hicks will be re- burden. Again in 1995, the Senate at- and I urge all of our colleagues in the tiring from the Army on July 15, 2005, tempted to split the Ninth, and again strongest possible terms to support us after a 30 year distinguished military in 1997. in this effort. career. Originally from Iowa, General Hicks In 1997 the Commission on Structural f Alternatives for the Federal Courts of was commissioned into the Army’s Sig- Appeals, commonly referred to as the ADDITIONAL STATEMENTS nal Corps on March 17, 1975, after re- White Commission, was formed to de- ceiving her bachelor of arts degree in termine, among other things, whether French language and literature from HONORING BURLEY TOBACCO Simpson College in Central Iowa. Her there was a need to split the Ninth Cir- GROWERS COOPERATIVE cuit Court of Appeals. After hearing first assignments took her to Korea, testimony, taking written statements, ∑ Mr. BUNNING. Mr. President, I then to Hawaii with the 25th ‘‘Tropical and gathering statistical data, the proudly rise today to recognize the Lightning’’ Infantry Division, where Commission published its final report Burley Tobacco Growers Cooperative she served as a platoon leader, division in December 1998. for their extremely generous contribu- radio signal officer and company com- The White Commission report based tion of $10 million to Phase II pay- mander. Following her attendance at its decision to oppose a split on the ments for Kentucky tobacco farmers. the Advanced Signal Officers Course at fear that population growth would put The people of Kentucky are extremely Fort Gordon, she joined the faculty and other circuits in a position similar to appreciative of this generous gift. staff there where she taught basic and the Ninth, and that continuing to split As you may know, Phase II is the advanced officer courses. General circuits would eventually lead to an second set of payments from the Mas- Hicks was then reassigned to Alaska unwieldy kaleidoscope of law. The ter Settlement Agreement. This settle- with the Information Systems Com- Commission instead proposed a re- ment was made between the major to- mand and the 6th Infantry Division in structuring within the circuit. bacco companies and the elected offi- key leadership positions before joining Today, we can see the result of the cials of the tobacco growing States. the staff of the U.S. Central Command repeated failure to address Federal cir- Phase II money requires $5.15 billion to at McDill Air Force Base in Tampa, cuit court growth. In 1997 there were be contributed by the four companies FL. nearly 52,000 appeals filed in Federal over a 12 year period. The Phase II Recognizing her outstanding leader- circuit courts. In 2003, there were ap- money was meant to alleviate some of ship qualities, General Hicks was des- proximately 60,500. Of that 8,500 in- the financial stress to farmers as ignated for Battalion Command and as- crease, 4,000 are in the Ninth Circuit quotas were cut. signed to command the 125th Signal but contrary to the White Commis- The Phase II compensations due for Battalion, 25th Infantry Division at sion’s fear, the remaining 4,500 case in- 2004, however, were not paid because Schofield Barracks, HI, in June 1992. crease is spread over the other 10 cir- the tobacco companies requested a re- Following her command there, she was cuit courts. With this key Commission fund due to the passage of the tobacco selected to attend the Army’s War Col- conclusion challenged, it is neither buyout. For Kentucky farmers, this lege before being posted as the Chief of prudent nor fair to force Idahoans and would have been devastating. Fortu- the Army’s Signal Branch at Personnel other citizens of the West to wait an nately for Kentucky, the Burley To- Command in Alexandria, VA. In June average of 4.5 months longer than citi- bacco Growers Cooperative has donated 1997 she was promoted to Colonel and zens of other districts for their cases to $10 million to be combined with the assumed command of the 516th Signal be decided. $114 million raised by the Common- Brigade in Hawaii, with concurrent du- Although the 4.5 month wait is a wealth to equal $124 million for pay- ties as the Deputy Chief of Staff for In- critically important number, there are ments. This means that 164,000 Ken- formation Management, US Army Pa- additional numbers that this Senate tucky farmers will have Phase II pay- cific. In June 2000, she was promoted to should take into consideration when ment checks in their hands by the end Brigadier General and became the Di- evaluating this issue. For example, the of June. rector of Command, Control, Commu- Ninth Circuit has 50 authorized judges, Mr. President, I find the charitable nications and Computer Systems, the while the average for all other circuits spirit that was so kindly displayed by J–6 for the United States Pacific Com- is 20. There are more than 57 million the Burley Tobacco Growers Coopera- mand, covering the joint communica- people living within the Ninth Circuit, tive to be exceptional in every way. tions for all of the Pacific Theatre. while the other Circuits average a pop- Kentucky is the only State that has Major General Hicks assumed com- ulation of just over 21 million. And stepped forward to produce Phase II mand of the United States Army Sig- probably the most telling statistic: the payments, and this is due, in large nal Center and School and Fort Gordon Ninth Circuit has nearly triple the av- part, to the generosity of Burley To- on August 7, 2002. erage number of appeals filed by all bacco Growers Cooperative. I would Throughout her career General Hicks other circuits. No wonder it takes the like to thank President Henry West has been decorated with many military Ninth 4.5 months longer to resolve an and all those involved in the coopera- and civilian awards and citations. But, appeal. tive, including the members, for mak- completing her military career as the It is worth noting that over the ing such a positive impact on Ken- Army’s Chief of Signal is truly an awe- years, the Ninth Circuit has adopted a tucky’s tobacco growers. This extraor- some responsibility and honor. Since variety of management reforms aimed dinary association has helped ensure assuming command General Hicks has

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7291 improved the training of soldiers, cam- zel’s achievements and commitment to mend her years of hard work and dedi- paigned for better equipment and up- the auxiliary will serve as inspiration cation, and I am very pleased that her graded the facilities and quality of life to future generations of passionate and substantial efforts are being publicly for soldiers and their families on Fort patriotic South Dakotans. honored and celebrated. It is with great Gordon. She also claims that besides Mr. President, Hazel Hanon is a re- pleasure that I share her impressive ac- her demanding military life, she cred- markable person who richly deserves complishments with my colleagues.∑ its her successes to two wonderful peo- this distinguished recognition. I f ple in her life—her husband Ron and strongly commend her years of work MESSAGES FROM THE PRESIDENT her daughter Jennifer. and dedication, and it is with great Throughout her military career Gen- honor that I share her impressive ac- Messages from the President of the eral Hicks has always taken the initia- complishments with my colleagues.∑ United States were communicated to tive, faced the challenges and resolved f the Senate by Mr. Williams, one of his problems. Her leadership style has al- secretaries. HONORING GRACE SIERS ways impressed her superiors. She has f ∑ Mr. JOHNSON. Mr. President, it is always dealt with people—young sol- EXECUTIVE MESSAGES REFERRED diers, senior military leaders and civil- with great honor that I rise today to ians with equity, candidness and re- publicly commend Grace Siers, charter As in executive session the PRE- solve. She is highly respected by the member of Marshall Post No. 3507 La- SIDING OFFICER laid before the Sen- soldiers of her command, people of the dies Auxiliary in Britton, SD, for her ate messages from the President of the Central Savannah Regional Area and many years of devoted service to our United States submitting sundry nomi- the citizens of Georgia. Nation’s veterans. nations which were referred to the ap- I feel that it is most appropriate to Sixty years ago, in 1945, Grace joined propriate committees. recognize this outstanding American the VFW Ladies Auxiliary, and has (The nominations received today are for her 30 years of dedicated and honor- been an irreplaceable asset to the orga- printed at the end of the Senate pro- able service to this Nation as a mili- nization ever since. Grace is part of a ceedings.) tary leader. I ask that all of my col- long line of military patriots, as she f leagues join me in thanking and com- joined the auxiliary under the sponsor- LEGISLATION AND SUPPORTING mending Major General Hicks, her hus- ship of her husband, William Siers, who DOCUMENTS TO IMPLEMENT THE band Ron and their daughter Jennifer served in WWI, as well as her three UNITED STATES-DOMINICAN RE- on the completion of a distinguished brothers, Vance, John, and Clarence PUBLIC-CENTRAL AMERICAN military career. We also wish her and Hunscher, all veterans of WWII. Not FREE TRADE AGREEMENT—PM 14 surprisingly, the tradition of serving her family the best in their well de- The PRESIDING OFFICER laid be- served retirement and a happy and our country continues with Grace’s ∑ five sons, Le Roy, Donald, Virgil, Gary, fore the Senate the following message prosperous future. from the President of the United f and Robert, and even her grandson and granddaughter, all of whom served in States, together with an accompanying HONORING HAZEL HANON the military. Regrettably, her son, report; which was referred to the Com- ∑ Mr. JOHNSON. Mr. President, it is Robert, died while fighting in Vietnam. mittee on Finance: with great pleasure that I rise today to Although decades have passed and To the Congress of the United States: honor Mrs. Hazel Hanon and the in- auxiliary members are no longer as ac- I am pleased to transmit legislation credible work that she has done over tive as they once were, Grace’s hard and supporting documents to imple- these past 60 years with the Marshall work and dedication over the years en- ment the Dominican Republic-Central Post No. 3507 Ladies Auxiliary of abled the auxiliary to raise thousands America-United States Free Trade Britton, SD. of dollars, bring smiles to the faces of Agreement (the ‘‘Agreement’’). The Hazel gained membership to the aux- countless injured and recovering vet- Agreement represents an historic de- iliary sponsorship of both her husband, erans, and educate innumerable South velopment in our relations with Cen- Leon, who served in the U.S. Navy dur- Dakotans about the importance of sup- tral America and the Dominican Re- ing WWII, and her brother, Dempsy, porting America’s brave veterans. public and reflects the commitment of also a WWII veteran and member of the In early years, Grace recalls hosting the United States to supporting democ- U.S. Air Force. As one of the auxil- Post Suppers, serving banquets, selling racy, regional integration, and eco- iary’s charter members, save for a poppies, organizing bake sales, com- nomic growth and opportunity in a re- short hiatus in her membership, Hazel piling and selling cookbooks, and even gion that has transitioned to peaceful, as been with Marshall Post No. 3507 manning the post during the annual democratic societies. since is founding in 1945. Despite the Turkey Raffle on Thanksgiving, all to In negotiating this Agreement, my auxiliary’s declining membership over raise money for the auxiliary. In turn, Administration was guided by the ob- the past few years, it is clear the orga- the funds were donated to VA hospitals jectives set out in the Trade Act of nization and Hazel are still whole- and used to buy supplies so the women 2002. Central America and the Domini- heartedly committed to supporting could bake cookies and cakes and then can Republic constitute our second America’s brave war heroes. personally deliver the goodies to vet- largest export market in Latin Amer- Over the years the auxiliary has erans in hospitals throughout South ica and our tenth largest export mar- hosted Post Suppers, served banquets, Dakota. ket in the world. The Agreement will sold poppies, organized bake sales, Grace’s tremendous contributions to create significant new opportunities compiled and sold cookbooks, and even the Britton community set her apart for American workers, farmers, ranch- run an annual Turkey Raffle during from other outstanding citizens. Her ers, and businesses by opening new Thanksgiving, all to raise money for extraordinary service and commitment markets and eliminating barriers. our Nation’s veterans. Proceeds from to Marshall Post No. 3507 Ladies Auxil- United States agricultural exports will these events are then donated to VA iary is to be commended. Through obtain better access to the millions of Hospitals or used to buy supplies so the Grace’s remarkable community in- consumers in Central America and the women can bake cookies and cakes and volvement and dedication to America’s Dominican Republic. then personally deliver the goodies to veterans, the lives of countless South Under the Agreement, tariffs on ap- veterans in hospitals throughout South Dakotans have been enormously en- proximately 80 percent of U.S. exports Dakota. hanced. Her wonderful example serves will be eliminated immediately. The Since the post’s founding, Hazel has as a model for other hardworking and Agreement will help to level the play- been extremely giving of her time, and dedicated individuals throughout ing field because about 80 percent of her generosity will forever be appre- South Dakota to emulate. Central America’s imports already ciated. I am pleased that her dedica- Grace Siers is an extraordinary enjoy duty-free access to our market. tion and patriotism are being publicly woman who richly deserves this distin- By providing for the effective enforce- recognized, and I am certain that Ha- guished recognition. I strongly com- ment of labor and environmental laws,

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7292 CONGRESSIONAL RECORD — SENATE June 23, 2005 combined with strong remedies for hostile to U.S. interests and pose a mitting, pursuant to law, the report of a rule noncompliance, the Agreement will continuing unusual and extraordinary entitled ‘‘Federal Employees Health Benefits contribute to improved worker rights threat to the national security and for- Program Revision of Contract Cost Prin- and high levels of environmental pro- eign policy of the United States. For ciples and Procedures, and Miscellaneous Changes’’ (RIN3206–AJ10) received on June tection in Central America and the Do- these reasons, I have determined that 16, 2005; to the Committee on Homeland Se- minican Republic. it is necessary to continue the national curity and Governmental Affairs. By supporting this Agreement, the emergency declared with respect to the EC–2715. A communication from the Acting United States can stand with those in Western Balkans and maintain in force Director, Employee and Family Support Pol- the region who stand for democracy the comprehensive sanctions to re- icy, Office of Personnel Management, trans- and freedom, who are fighting corrup- spond to this threat. mitting, pursuant to law, the report of a rule entitled ‘‘Federal Employees Health Benefits tion and crime, and who support the GEORGE W. BUSH. Acquisition Regulation: Large Provider THE WHITE HOUSE, June 23, 2005. rule of law. A stable, democratic, and Agreements, Subcontracts, and Miscella- growing Central America and Domini- f neous Changes’’ (RIN3206–AJ20) received on can Republic strengthens the United EXECUTIVE AND OTHER June 16, 2005; to the Committee on Homeland States economically and provides COMMUNICATIONS Security and Governmental Affairs. greater security for our citizens. EC–2716. A communication from the Chair- The Agreement is in our national in- The following communications were man, Nuclear Regulatory Commission, trans- terest, and I urge the Congress to ap- laid before the Senate, together with mitting, pursuant to law, a report relative to prove it expeditiously. accompanying papers, reports, and doc- a Presidential appointment reduction plan; uments, and were referred as indicated: to the Committee on Homeland Security and GEORGE W. BUSH. Governmental Affairs. THE WHITE HOUSE, June 23, 2005. EC–2706. A communication from the Dis- EC–2717. A communication from the Senior trict of Columbia Auditor, transmitting, pur- f Procurement Executive, Office of the Chief suant to law, a report entitled ‘‘Letter Re- Acquisition Officers, National Aeronautics REPORT ON THE CONTINUATION port: Sole Source Agreements Issued by the and Space Administration, General Services OF THE NATIONAL EMERGENCY Executive Office of the Mayor and Office of Administration, transmitting, pursuant to the City Administrator Failed to Comply WITH RESPECT TO THE EXTREM- law, the report of a rule entitled ‘‘Federal with Procurement Law and Regulations’’; to Acquisition Circular 2005–04’’ (FAC 2005–04), IST VIOLENCE IN MACEDONIA the Committee on Homeland Security and AND THE WESTERN BALKANS Interim Rule (Item IV–FAR Case 2004–35), Governmental Affairs. and nine Federal Acquisition Regulations: REGION—PM 15 EC–2707. A communication from the Archi- ((RIN9000–AK04, RIN9000–AK03, RIN9000– The PRESIDING OFFICER laid be- vist of the United States, National Archives AJ97, RIN9000–AK17, RIN9000–AK02, RIN9000– and Records Administration, transmitting, fore the Senate the following message AJ79, RIN9000–AJ67, RIN9000–AJ93)(48 CFR pursuant to law, the Administration’s cal- Chapter 1)) received on June 16, 2005; to the from the President of the United endar year 2004 report on category rating; to States, together with an accompanying Committee on Health, Education, Labor, and the Committee on Homeland Security and Pensions. report; which was referred to the Com- Governmental Affairs. EC–2718. A communication from the Sec- mittee on Banking, Housing, and EC–2708. A communication from the Chief retary of Labor, transmitting, the report of Urban Affairs: Executive Officer, Corporation for National a draft bill entitled ‘‘Unemployment Com- and Community Service, transmitting, pur- pensation Program Integrity Act of 2005’’ re- To the Congress of the United States: suant to law, the Inspector General’s Semi- ceived on June 14, 2005; to the Committee on Section 202(d) of the National Emer- Annual Report and the Corporation’s Report Health, Education, Labor, and Pensions. gencies Act (50 U.S.C. 1622(d)) provides on Final Action; to the Committee on Home- EC–2719. A communication from the Sec- for the automatic termination of a na- land Security and Governmental Affairs. retary of Labor, transmitting, pursuant to tional emergency unless, prior to the EC–2709. A communication from the Ad- law, the Department of Labor’s annual re- anniversary date of its declaration, the ministrator, Small Business Administration, port on the fiscal year 2002 operations of the transmitting, pursuant to law, the Adminis- Office of Workers’ Compensation Programs; President publishes in the Federal tration’s Semiannual Report of the Inspector Reqister and transmits to the Congress to the Committee on Health, Education, General; to the Committee on Homeland Se- Labor, and Pensions. a notice stating that the emergency is curity and Governmental Affairs. EC–2720. A communication from the Rail- to continue in effect beyond the anni- EC–2710. A communication from the Attor- road Retirement Board, transmitting, pursu- versary date. In accordance with this ney General of the United States, transmit- ant to law, a report on the actuarial status provision, I have sent the enclosed no- ting, pursuant to law, the Inspector Gen- of the railroad retirement system, including tice to the Federal Reqister for publica- eral’s Semiannual Report for the period of any recommendations for financing changes; October 1, 2004 through March 31, 2005; to the to the Committee on Health, Education, tion, stating that the Western Balkans Committee on Homeland Security and Gov- emergency is to continue in effect be- Labor, and Pensions. ernmental Affairs. EC–2721. A communication from the Rail- yond June 26, 2005. The most recent no- EC–2711. A communication from the Chair- road Retirement Board, transmitting, pursu- tice continuing this emergency was man and the General Counsel, National ant to law, the Board’s 2005 annual report on published in the Federal Reqister on Labor Relations Board, transmitting, pursu- the financial status of the railroad unem- June 25, 2004, 69 FR 36005. ant to law, the Board’s Semiannual Report ployment insurance system; to the Com- The crisis constituted by the actions of the Inspector General for the period of Oc- mittee on Health, Education, Labor, and of persons engaged in, or assisting, tober 1, 2004 through March 31, 2005; to the Pensions. Committee on Homeland Security and Gov- sponsoring, or supporting (i) extremist EC–2722. A communication from the Acting ernmental Affairs. Assistant Secretary for Legislative Affairs, violence in the Republic of Macedonia, EC–2712. A communication from the Acting Department of State, transmitting, pursuant and elsewhere in the Western Balkans Director, Division for Strategic Human Re- to law, the report of Presidential Determina- region, or (ii) acts obstructing imple- sources Policy, Office of Personnel Manage- tion 2005–24 relative to the suspension of lim- mentation of the Dayton Accords in ment, transmitting, pursuant to law, the re- itations under the Jerusalem Embassy Act; Bosnia or United Nations Security port of a rule entitled ‘‘Retirement Coverage to the Committee on Foreign Relations. Council Resolution 1244 of June 10, 1999, of Air Traffic Controllers’’ (RIN3206–AK73) EC–2723. A communication from the Acting in Kosovo, that led to the declaration received on June 16, 2005; to the Committee Assistant Secretary of Legislative Affairs, on Homeland Security and Governmental Af- Department of State, transmitting, pursuant of a national emergency on June 26, fairs. to the Arms Export Control Act, the certifi- 2001, has not been resolved. Subsequent EC–2713. A communication from the Acting cation of a proposed license for the export of to the declaration of the national Director, Division for Strategic Human Re- defense articles that are firearms controlled emergency, I amended Executive Order sources Policy, Office of Personnel Manage- under category I of the United States Muni- 13219 in Executive Order 13304 of May ment, transmitting, pursuant to law, the re- tions List sold commercially under a con- 28, 2003, to address acts obstructing im- port of a rule entitled ‘‘Federal Long-Term tract in the amount of $1,000,000 or more plementation of the Ohrid Framework Care Insurance Regulations’’ (RIN3206–AJ71) with Ghana; to the Committee on Foreign Agreement of 2001 in the Republic of received on June 16, 2005; to the Committee Relations. on Homeland Security and Governmental Af- EC–2724. A communication from the Acting Macedonia, which have also become a fairs. Chief, Publications and Regulations Branch, concern. The acts of extremist violence EC–2714. A communication from the Acting Internal Revenue Service, Department of the and obstructionist activity outlined in Director, Employee and Family Support Pol- Treasury, transmitting, pursuant to law, the Executive Order 13219, as amended, are icy, Office of Personnel Management, trans- report of a rule entitled ‘‘Qualification of

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7293 Certain Arrangements as Insurance’’ (Notice transmitting, pursuant to law, the report of cated, and ask unanimous consent, to 2005–49) received on June 21, 2005; to the Com- a rule entitled ‘‘In the Matter of IP-Enabled save the expense of reprinting on the mittee on Finance. Services, WC Docket No. 04–36, E911 Require- Executive Calendar that this nomina- EC–2725. A communication from the Acting ments for IP-Enabled Service Providers, WC tion lie at the Secretary’s desk for the Chief, Publications and Regulations Branch, Docket No. 05–196’’ (FCC 05–116) received on Internal Revenue Service, Department of the June 17, 2005; to the Committee on Com- information of Senators. Treasury, transmitting, pursuant to law, the merce, Science, and Transportation. The PRESIDING OFFICER. Without report of a rule entitled ‘‘Allocation of Envi- EC–2735. A communication from the Dep- objection, it is so ordered. ronmental Remediation Costs’’ (Rev. Rul. uty Bureau Chief, Consumer and Govern- National Oceanic and Atmospheric Admin- 2005–42) received on June 21, 2005; to the Com- mental Affairs Bureau, Federal Communica- istration nominations beginning with Paul mittee on Finance. tions Commission, transmitting, pursuant to L. Schattgen and ending with David J. EC–2726. A communication from the Acting law, the report of a rule entitled ‘‘Rules and Zezula, which nominations were received by Chief, Publications and Regulations Branch, Regulations Implementing the Controlling the Senate and appeared in the Congres- Internal Revenue Service, Department of the the Assault of Non-Solicited Pornography sional Record on June 16, 2005. Treasury, transmitting, pursuant to law, the and Marketing Act of 2003; Rules and Regula- *Nomination was reported with rec- report of a rule entitled ‘‘Applicable Federal tions Implementing the Telephone Consumer ommendation that it be confirmed sub- Rates—July 2005’’ (Rev. Rul. 2005–38) received Protection Act of 1991, CG Docket Nos. 04–53 on June 21, 2005; to the Committee on Fi- ject to the nominee’s commitment to and 02–278’’ (DA 05–692) received on June 17, respond to requests to appear and tes- nance. 2005; to the Committee on Commerce, EC–2727. A communication from the Acting Science, and Transportation. tify before any duly constituted com- Chief, Publications and Regulations Branch, EC–2736. A communication from the Dep- mittee of the Senate. Internal Revenue Service, Department of the uty Bureau Chief, Consumer and Govern- (Nominations without an asterisk Treasury, transmitting, pursuant to law, the mental Affairs Bureau, Federal Communica- were reported with the recommenda- report of a rule entitled ‘‘Interaction be- tions Commission, transmitting, pursuant to tion that they be confirmed.) tween 280G and 83(b)’’ (Rev. Rul. 2005–39) re- law, the report of a rule entitled ‘‘Rules and f ceived on June 21, 2005; to the Committee on Regulations Implementing the Controlling Finance. the Assault of Non-Solicited Pornography INTRODUCTION OF BILLS AND EC–2728. A communication from the Acting and Marketing Act of 2003; Rules and Regula- JOINT RESOLUTIONS Chief, Publications and Regulations Branch, tions Implementing the Telephone Consumer The following bills and joint resolu- Internal Revenue Service, Department of the Protection Act of 1991, CG Docket Nos. 04–53 Treasury, transmitting, pursuant to law, the and 02–278’’ (FCC 04–194) received on June 17, tions were introduced, read the first report of a rule entitled ‘‘One Insured—Dis- 2005; to the Committee on Commerce, and second times by unanimous con- regarded Entities’’ (Rev. Rul. 2005–40) re- Science, and Transportation. sent, and referred as indicated: ceived on June 21, 2005; to the Committee on f By Mrs. MURRAY: Finance. S. 1290. A bill to appropriate $1,975,183,000 EC–2729. A communication from the Acting REPORTS OF COMMITTEES for medical care for veterans; to the Com- Chief, Publications and Regulations Branch, The following reports of committees mittee on Appropriations. Internal Revenue Service, Department of the By Mr. MCCAIN: Treasury, transmitting, pursuant to law, the were submitted: S. 1291. A bill to provide for the acquisition report of a rule entitled ‘‘Sections 142(a); By Ms. COLLINS, from the Committee on of subsurface mineral interests in land 142(l)—Brownfields Demonstration Program Homeland Security and Governmental Af- owned by the Pascua Yaqui Tribe and land for Qualified Green Building and Sustainable fairs, without amendment: held in trust for the Tribe; to the Committee Design Projects’’ (Notice 2005–48) received on S. 335. A bill to reauthorize the Congres- on Indian Affairs. June 21, 2005; to the Committee on Finance. sional Award Act (Rept. No. 109–87). By Mr. SANTORUM: EC–2730. A communication from the Dep- By Mr. SHELBY, from the Committee on S. 1292. A bill to amend the Internal Rev- uty Assistant Administrator for Operations, Appropriations, with an amendment in the enue Code of 1986 to allow a credit against National Marine Fisheries Service, Depart- nature of a substitute and an amendment to income tax for expenses incurred in tele- ment of Commerce, transmitting, pursuant the title: working; to the Committee on Finance. to law, the report of a rule entitled ‘‘Fish- H.R. 2862. A bill making appropriations for By Mr. BUNNING (for himself, Mr. eries of the Caribbean, Gulf of Mexico, and Science, the Departments of State, Justice, CONRAD, Mr. LOTT, Mr. SMITH, and South Atlantic; Reef Fish Fishery of the and Commerce, and related agencies for the Mrs. LINCOLN): Gulf of Mexico; Red Snapper Rebuilding fiscal year ending September 30, 2006, and for S. 1293. A bill to amend the Internal Rev- Plan’’ (RIN0648–AP02) received on June 16, other purposes (Rept. No. 109–88). enue Code of 1986 to permit the consolidation 2005 to the Committee on Commerce, f of life insurance companies with other com- Science, and Transportation. panies; to the Committee on Finance. EC–2731. A communication from the Dep- EXECUTIVE REPORTS OF By Mr. LAUTENBERG (for himself and uty Assistant Administrator for Operations, COMMITTEES Mr. MCCAIN): National Marine Fisheries Service, Depart- S. 1294. A bill to amend the Telecommuni- ment of Commerce, transmitting, pursuant The following executive reports of cations Act of 1996 to preserve and protect to law, the report of a rule entitled ‘‘Magnu- committees were submitted: the ability of local governments to provide son-Stevens Fishery Conservation and Man- By Mr. STEVENS for the Committee on broadband capability and services; to the agement Act Provisions; Fisheries of the Commerce, Science, and Transportation. Ed- Committee on Commerce, Science, and Northeastern United States; Northeast (NE) mund S. Hawley, of California, to be an As- Transportation. Multispecies Fishery; Framework Adjust- sistant Secretary of Homeland Security. By Mr. MCCAIN: ment 40B’’ (RIN0648–AS33) received on June *David A. Sampson, of Texas, to be Deputy S. 1295. A bill to amend the Indian Gaming 16, 2005; to the Committee on Commerce, Secretary of Commerce. Regulatory Act to provide for accountability Science, and Transportation. *John J. Sullivan, of Maryland, to be Gen- and funding of the National Indian Gaming EC–2732. A communication from the Chief, eral Counsel of the Department of Com- Commission; to the Committee on Indian Af- Policy and Rules Division, Office of Engi- merce. fairs. neering and Technology, Federal Commu- *William Alan Jeffrey, of Virginia, to be By Ms. MURKOWSKI (for herself, Mr. nications Commission, transmitting, pursu- Director of the National Institute of Stand- STEVENS, Mr. BURNS, Mr. CRAIG, Mr. ant to law, the report of a rule entitled ‘‘Re- ards and Technology. CRAPO, Mr. KYL, and Mr. SMITH): quirements for Digital Television Receiving *Ashok G. Kaveeshwar, of Maryland, to be S. 1296. A bill to amend title 28, United Capability’’ (ET Docket No. 05–24) received Administrator of the Research and Innova- States Code, to provide for the appointment on June 17, 2005; to the Committee on Com- tive Technology Administration, Depart- of additional Federal circuit judges, to di- merce, Science, and Transportation. ment of Transportation. vide the Ninth Judicial Circuit of the United EC–2733. A communication from the Assist- *Israel Hernandez, of Texas, to be Assist- States into 2 circuits, and for other purposes; ant Bureau Chief for Management, Inter- ant Secretary of Commerce and Director to the Committee on the Judiciary. national Bureau, Federal Communications General of the United States and Foreign By Mr. CORZINE (for himself, Mr. Commission, transmitting, pursuant to law, Commercial Service. BINGAMAN, and Ms. LANDRIEU): the report of a rule entitled ‘‘Regulation of *Coast Guard nomination of Radm Sally S. 1297. A bill to amend title XVIII of the International Accounting Rates’’ (IB Docket Brice-O’Hara to be Rear Admiral. Social Security Act to reduce the work No. 04–226, FCC 05–91) received on June 17, Mr. STEVENS. Mr. President, for the hours and increase the supervision of resi- 2005; to the Committee on Commerce, dent physicians to ensure the safety of pa- Science, and Transportation. Committee on Commerce, Science, and tients and resident-physicians themselves; to EC–2734. A communication from the Acting Transportation I report favorably the the Committee on Finance. Division Chief, Wireline Competition Bu- following nomination list which was By Mrs. LINCOLN (for herself, Mr. reau, Federal Communications Commission, printed in the RECORD on the date indi- BINGAMAN, and Mr. PRYOR):

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7294 CONGRESSIONAL RECORD — SENATE June 23, 2005 S. 1298. A bill to amend titles XIX and XXI ance program to the services sector, and for ecosystem restoration for the Lou- of the Social Security Act to permit States other purposes; to the Committee on Fi- isiana Coastal Area, Louisiana. to cover low-income youth up to age 23; to nance. S. 733 the Committee on Finance. f By Ms. CANTWELL: At the request of Ms. LANDRIEU, her S. 1299. A bill to encourage partnerships SUBMISSION OF CONCURRENT AND name was added as a cosponsor of S. between community colleges and 4-year in- SENATE RESOLUTIONS 733, a bill to amend the Outer Conti- stitutions of higher education; to the Com- nental Shelf Lands Act to provide a do- mittee on Health, Education, Labor, and The following concurrent resolutions mestic offshore energy reinvestment Pensions. and Senate resolutions were read, and program, and for other purposes. By Mr. SANTORUM (for himself and referred (or acted upon), as indicated: S. 734 Mr. CORNYN): By Mr. SCHUMER (for himself and S. 1300. A bill to amend the Agricultural At the request of Ms. LANDRIEU, her Mrs. CLINTON): Marketing Act of 1946 to establish a vol- S. Res. 180. A resolution supporting the name was added as a cosponsor of S. untary program for the provision of country goals and ideals of a National Epidermolysis 734, a bill to provide for agreements be- of origin information with respect to certain Bullosa Awareness Week to raise public tween Federal agencies to partner or agricultural products, and for other pur- awareness and understanding of the disease transfer funds to accomplish erosion poses; to the Committee on Agriculture, Nu- and to foster understanding of the impact of goals relating to the coastal area of trition, and Forestry. the disease on patients and their families; to Louisiana, and for other purposes. By Mr. ENSIGN (for himself, Mr. the Committee on Health, Education, Labor, S. 735 CRAIG, Mr. CRAPO, Mr. CORNYN, Mr. and Pensions. COBURN, and Mr. INHOFE): By Mr. SMITH (for himself, Mr. SALA- At the request of Ms. LANDRIEU, her S. 1301. A bill to amend title 28, United ZAR, Mr. CRAIG, Mr. CRAPO, Mr. name was added as a cosponsor of S. States Code, to provide for the appointment BURNS, and Mr. FEINGOLD): 735, a bill to amend the Submerged of additional Federal circuit judges, to di- S. Res. 181. A resolution recognizing July 1, Lands Act to make the seaward bound- vide the Ninth Judicial Circuit of the United 2005, as the 100th Anniversary of the Forest States into 3 circuits, and for other purposes; aries of the States of Louisiana, Ala- Service; considered and agreed to. to the Committee on the Judiciary. bama, and Mississippi equivalent to the By Mr. DEMINT (for himself, Mr. f seaward boundaries of the State of SANTORUM, Mr. GRAHAM, Mr. CRAPO, Texas and the Gulf Coast of Florida. ADDITIONAL COSPONSORS Mr. COBURN, Mr. SUNUNU, Mr. ISAK- S. 736 SON, Mr. ENZI, Mr. CORNYN, Mr. LOTT, S. 258 At the request of Ms. LANDRIEU, her Mr. BROWNBACK, and Mr. CRAIG): At the request of Mr. DEWINE, the S. 1302. A bill to amend the Social Security name was added as a cosponsor of S. Act and the Internal Revenue Code of 1986 to name of the Senator from Kentucky 736, a bill to amend the Outer Conti- stop the Congress from spending Social Secu- (Mr. BUNNING) was added as a cosponsor nental Shelf Lands Act to promote uses rity surpluses on other Government pro- of S. 258, a bill to amend the Public on the Outer Continental Shelf. grams by dedicating those surpluses to per- Health Service Act to enhance re- S. 769 sonal accounts that can only be used to pay search, training, and health informa- At the request of Ms. SNOWE, the Social Security benefits; to the Committee tion dissemination with respect to uro- names of the Senator from Virginia on Finance. logic diseases, and for other purposes. By Mr. ROCKEFELLER (for himself, (Mr. ALLEN), the Senator from Mon- S. 331 Mr. REED, Mr. LAUTENBERG, Mr. tana (Mr. BURNS) and the Senator from CORZINE, Mr. SARBANES, and Mr. At the request of Mr. JOHNSON, the Massachusetts (Mr. KERRY) were added KERRY): name of the Senator from Delaware as cosponsors of S. 769, a bill to en- S. 1303. A bill to amend the Social Security (Mr. BIDEN) was added as a cosponsor of hance compliance assistance for small Act to guarantee comprehensive health care S. 331, a bill to amend title 38, United businesses. coverage for all children born after 2006; to States Code, to provide for an assured S. 842 the Committee on Finance. adequate level of funding for veterans By Mr. HARKIN (for himself, Mr. KEN- At the request of Mr. KENNEDY, the health care. NEDY, Mr. DURBIN, Mr. FEINGOLD, name of the Senator from California Mrs. BOXER, and Mr. DAYTON): S. 333 (Mrs. FEINSTEIN) was added as a co- S. 1304. A bill to amend the Employee Re- At the request of Mr. SANTORUM, the sponsor of S. 842, a bill to amend the tirement Income Security Act of 1974 and the name of the Senator from New Jersey National Labor Relations Act to estab- Internal Revenue Code of 1986 to protect pen- (Mr. CORZINE) was added as a cosponsor sion benefits of employees in defined benefit lish an efficient system to enable em- plans and to direct the Secretary of the of S. 333, a bill to hold the current re- ployees to form, join, or assist labor or- Treasury to enforce the age discrimination gime in Iran accountable for its threat- ganizations, to provide for mandatory requirements of the Internal Revenue Code ening behavior and to support a transi- injunctions for unfair labor practices of 1986; to the Committee on Health, Edu- tion to democracy in Iran. during organizing efforts, and for other cation, Labor, and Pensions. S. 350 purposes. By Mr. BROWNBACK: At the request of Mr. LUGAR, the S. 852 S. 1305. A bill to amend the Internal Rev- enue Code of 1986 to increase tax benefits for name of the Senator from Nebraska At the request of Mr. SPECTER, the parents with children, and for other pur- (Mr. HAGEL) was added as a cosponsor name of the Senator from Kansas (Mr. poses; to the Committee on Finance. of S. 350, a bill to amend the Foreign ROBERTS) was added as a cosponsor of By Ms. MURKOWSKI: Assistance Act of 1961 to provide assist- S. 852, a bill to create a fair and effi- S. 1306. A bill to provide for the recogni- ance for orphans and other vulnerable cient system to resolve claims of vic- tion of certain Native communities and the children in developing countries, and tims for bodily injury caused by asbes- settlement of certain claims under the Alas- for other purposes. tos exposure, and for other purposes. ka Native Claims Settlement Act, and for other purposes; to the Committee on Energy S. 392 S. 900 and Natural Resources. At the request of Mr. LEVIN, the At the request of Mr. MCCAIN, the By Mr. GRASSLEY (for himself, Mr. name of the Senator from Nebraska name of the Senator from Hawaii (Mr. FRIST, and Mr. REID) (by request): (Mr. NELSON) was added as a cosponsor INOUYE) was added as a cosponsor of S. S. 1307. A bill to implement the Dominican of S. 392, a bill to authorize the Presi- 900, a bill to reinstate the Federal Com- Republic-Central America-United States dent to award a gold medal on behalf of Free Trade Agreement; to the Committee on munications Commission’s rules for Finance pursuant to section 2103(b)(3) of Congress, collectively, to the Tuskegee the description of video programming. Public Law 107–210. Airmen in recognition of their unique S. 935 By Mr. BAUCUS: military record, which inspired revolu- At the request of Mrs. FEINSTEIN, the S. 1308. A bill to establish an Office of tionary reform in the Armed Forces. name of the Senator from California Trade Adjustment Assistance, and for other S. 721 (Mrs. BOXER) was added as a cosponsor purposes; to the Committee on Finance. By Mr. BAUCUS (for himself, Mr. At the request of Ms. LANDRIEU, her of S. 935, a bill to regulate .50 caliber COLEMAN, and Mr. WYDEN): name was added as a cosponsor of S. sniper weapons designed for the taking S. 1309. A bill to amend the Trade Act of 721, a bill to authorize the Secretary of of human life and the destruction of 1974 to extend the trade adjustment assist- the Army to carry out a program for materiel, including armored vehicles

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7295 and components of the Nation’s critical S. 1129 (Mr. BOND) was added as a cosponsor of infrastructure. At the request of Mr. LUGAR, the S. Res. 134, a resolution expressing the S. 954 name of the Senator from Alaska (Mr. sense of the Senate regarding the mas- At the request of Mr. DEWINE, the STEVENS) was added as a cosponsor of sacre at Srebrenica in July 1995. name of the Senator from California S. 1129, a bill to provide authorizations AMENDMENT NO. 810 (Mrs. FEINSTEIN) was added as a co- of appropriations for certain develop- At the request of Mr. SCHUMER, the sponsor of S. 954, a bill to amend title ment banks, and for other purposes. names of the Senator from Arizona 18, United States Code, to prohibit the S. 1132 (Mr. KYL) and the Senator from New sale of a firearm to a person who has At the request of Mr. COLEMAN, the Jersey (Mr. LAUTENBERG) were added as been convicted of a felony in a foreign name of the Senator from Massachu- cosponsors of amendment No. 810 pro- court, and for other purposes. setts (Mr. KENNEDY) was added as a co- posed to H.R. 6, to ensure jobs for our S. 962 sponsor of S. 1132, a bill to amend the future with secure, affordable, and reli- At the request of Mr. GRASSLEY, the Public Health Service Act, the Em- able energy. name of the Senator from Wyoming ployee Retirement Income Security AMENDMENT NO. 813 (Mr. ENZI) was added as a cosponsor of Act of 1974, and the Internal Revenue At the request of Mr. SCHUMER, the S. 962, a bill to amend the Internal Code of 1986 to require that group and name of the Senator from New York Revenue Code of 1986 to allow a credit individual health insurance coverage (Mrs. CLINTON) was added as a cospon- to holders of qualified bonds issued to and group health plans provide cov- sor of amendment No. 813 intended to finance certain energy projects, and for erage for treatment of a minor child’s be proposed to H.R. 6, to ensure jobs for other purposes. congenital or developmental deformity our future with secure, affordable, and reliable energy. S. 974 or disorder due to trauma, infection, AMENDMENT NO. 825 At the request of Mr. ALLARD, the tumor, or disease. names of the Senator from Michigan S. 1145 At the request of Mr. KERRY, the names of the Senator from Arkansas (Mr. LEVIN) and the Senator from Colo- At the request of Mr. SMITH, the (Mr. PRYOR), the Senator from Iowa rado (Mr. SALAZAR) were added as co- name of the Senator from North Da- (Mr. HARKIN), the Senator from New sponsors of S. 974, a bill to amend the kota (Mr. DORGAN) was added as a co- York (Mr. SCHUMER), the Senator from National Trails System Act to clarify sponsor of S. 1145, a bill to provide Fed- New Jersey (Mr. LAUTENBERG), the Sen- Federal authority relating to land ac- eral assistance to States and local ju- ator from Massachusetts (Mr. KEN- quisition from willing sellers for the risdictions to prosecute hate crimes. NEDY) and the Senator from Con- majority of the trails in the System, S. 1171 necticut (Mr. LIEBERMAN) were added and for other purposes. At the request of Mr. SPECTER, the as cosponsors of amendment No. 825 name of the Senator from New Jersey S. 986 proposed to H.R. 6, to ensure jobs for (Mr. CORZINE) was added as a cosponsor At the request of Mr. NELSON of Ne- our future with secure, affordable, and of S. 1171, a bill to halt Saudi support braska, the name of the Senator from reliable energy. Massachusetts (Mr. KERRY) was added for institutions that fund, train, incite, AMENDMENT NO. 840 as a cosponsor of S. 986, a bill to au- encourage, or in any other way aid and At the request of Mr. SMITH, the abet terrorism, and to secure full Saudi thorize the Secretary of Education to names of the Senator from Oklahoma award grants for the support of full- cooperation in the investigation of ter- (Mr. INHOFE) and the Senator from New service community schools, and for rorist incidents, and for other pur- York (Mrs. CLINTON) were added as co- poses. other purposes. sponsors of amendment No. 840 in- S. 1022 S. 1214 tended to be proposed to H.R. 6, to en- At the request of Mr. SMITH, the At the request of Ms. SNOWE, the sure jobs for our future with secure, af- name of the Senator from Mississippi name of the Senator from Delaware fordable, and reliable energy. (Mr. BIDEN) was added as a cosponsor of (Mr. COCHRAN) was added as a cospon- AMENDMENT NO. 851 S. 1214, a bill to require equitable cov- sor of S. 1022, a bill to amend the Inter- At the request of Mr. OBAMA, the nal Revenue Code of 1986 to allow for erage of prescription contraceptive name of the Senator from Indiana (Mr. drugs and devices, and contraceptive an energy efficient appliance credit. BAYH) was added as a cosponsor of S. 1047 services under health plans. amendment No. 851 proposed to H.R. 6, At the request of Mr. SUNUNU, the S. 1227 to ensure jobs for our future with se- names of the Senator from Wisconsin At the request of Ms. STABENOW, the cure, affordable, and reliable energy. (Mr. KOHL), the Senator from Mis- name of the Senator from Michigan AMENDMENT NO. 857 sissippi (Mr. LOTT), the Senator from (Mr. LEVIN) was added as a cosponsor of At the request of Mr. BURR, the name Illinois (Mr. OBAMA) and the Senator S. 1227, a bill to improve quality in of the Senator from South Carolina from West Virginia (Mr. ROCKEFELLER) health care by providing incentives for (Mr. DEMINT) was added as a cosponsor were added as cosponsors of S. 1047, a adoption of modern information tech- of amendment No. 857 intended to be bill to require the Secretary of the nology. proposed to H.R. 6, to ensure jobs for Treasury to mint coins in commemora- S.J. RES. 12 our future with secure, affordable, and tion of each of the Nation’s past Presi- At the request of Mr. HATCH, the reliable energy. dents and their spouses, respectively to names of the Senator from Ohio (Mr. AMENDMENT NO. 865 improve circulation of the $1 coin, to VOINOVICH) and the Senator from Colo- At the request of Mr. FEINGOLD, the create a new bullion coin, and for other rado (Mr. SALAZAR) were added as co- name of the Senator from Washington purposes. sponsors of S.J. Res. 12, a joint resolu- (Ms. CANTWELL) was added as a cospon- S. 1088 tion proposing an amendment to the sor of amendment No. 865 intended to At the request of Mr. KYL, the name Constitution of the United States au- be proposed to H.R. 6, to ensure jobs for of the Senator from Iowa (Mr. GRASS- thorizing Congress to prohibit the our future with secure, affordable, and LEY) was added as a cosponsor of S. physical desecration of the flag of the reliable energy. 1088, a bill to establish streamlined United States. AMENDMENT NO. 885 procedures for collateral review of S. RES. 39 At the request of Ms. CANTWELL, the mixed petitions, amendments, and de- At the request of Mr. KYL, his name name of the Senator from Pennsyl- faulted claims, and for other purposes. was added as a cosponsor of S. Res. 39, vania (Mr. SANTORUM) was added as a S. 1120 a resolution apologizing to the victims cosponsor of amendment No. 885 in- At the request of Mr. DURBIN, the of lynching and the descendants of tended to be proposed to H.R. 6, to en- name of the Senator from Maine (Ms. those victims for the failure of the Sen- sure jobs for our future with secure, af- COLLINS) was added as a cosponsor of S. ate to enact anti-lynching legislation. fordable, and reliable energy. 1120, a bill to reduce hunger in the S. RES. 134 AMENDMENT NO. 891 United States by half by 2010, and for At the request of Mr. SMITH, the At the request of Mr. SHELBY, his other purposes. name of the Senator from Missouri name was added as a cosponsor of

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7296 CONGRESSIONAL RECORD — SENATE June 23, 2005 amendment No. 891 proposed to H.R. 6, eral rights when it conveys its Trust Secretary, in coordination with the Attorney to ensure jobs for our future with se- lands. Based on the State of Arizona’s General of the United States and with the cure, affordable, and reliable energy. objection, the Tribe’s trust application consent of the State, shall acquire through At the request of Mr. CORNYN, his was stayed pending resolution of the eminent domain the following: name was added as a cosponsor of (1) All subsurface rights, title, and inter- mineral rights title issue. Arizona law ests (including subsurface mineral interests) amendment No. 891 proposed to H.R. 6, prevents the State from selling these held by the State in the following tribally- supra. mineral interests and I understand owned parcels: AMENDMENT NO. 901 that the only way they can be acquired (A) Lot 2, sec. 13, T. 15 S., R. 12 E., Gila and At the request of Ms. SNOWE, the is through an act of condemnation Salt River Meridian, Pima County Arizona. name of the Senator from Montana brought by the United States pursuant (B) Lot 4, W1⁄2SE1⁄4, sec. 13, T. 15 S., R. 12 (Mr. BAUCUS) was added as a cosponsor to 40 U.S.C. § 3113. The State of Arizona E., Gila and Salt River Base & Meridian, of amendment No. 901 intended to be has conditionally consented to a con- Pima County, Arizona. 1 1 1 1 1 proposed to H.R. 6, to ensure jobs for demnation action. (C) NW ⁄4NW ⁄4, N ⁄2NE ⁄4NW ⁄4, It has since been discovered that an SW1⁄4NE1⁄4NW1⁄4, sec. 24, T. 15 S., R. 12 E., Gila our future with secure, affordable, and and Salt River Base & Meridian, Pima Coun- reliable energy. additional 140 acres of the reservation was also former State of Arizona trust ty Arizona. AMENDMENT NO. 902 (D) Lot 2 and Lots 45 through 76, sec. 19, T. At the request of Mr. DURBIN, the land that was purchased in fee by the 15 S., R. 13 E., Gila and Salt River Base & names of the Senator from Connecticut Tribe and taken into trust without ob- Meridian, Pima County, Arizona. (Mr. DODD), the Senator from Wash- taining the mineral estate. The State (2) All subsurface rights, title, and inter- ington (Ms. CANTWELL), the Senator of Arizona has also conditionally con- ests (including subsurface mineral interests) held by the State in the following parcels from New Jersey (Mr. LAUTENBERG), sented to a condemnation action with the Senator from Massachusetts (Mr. regard to these additional 140 acres. held in trust for the benefit of Tribe: In additional to the mineral interests (A) Lots 1 through 8, sec. 14, T. 15 S., R. 12 KENNEDY), the Senator from Rhode Is- condemnation, this legislation covers E., Gila and Salt River Base & Meridian, land (Mr. REED), the Senator from Cali- another subject. Under 360 acres of the Pima County, Arizona. fornia (Mrs. BOXER) and the Senator 1 1 1 1 1 reservation, the United States owns (B) NE ⁄4SE ⁄4, E ⁄2NW ⁄4SE ⁄4, 1 1 1 1 1 1 1 1 1 from New Jersey (Mr. CORZINE) were the mineral interests for itself, rather SW ⁄4NW ⁄4SE ⁄4, N ⁄2SE ⁄4SE ⁄4, SE ⁄4SE ⁄4SE ⁄4, added as cosponsors of amendment No. sec. 14, T. 15 S., R. 12 E., Gila and Salt River than in trust for the tribe. Although Base & Meridian, Pima County, Arizona. 902 proposed to H.R. 6, to ensure jobs that acreage was originally purchased (b) CONSIDERATION.—Subject to subsection for our future with secure, affordable, in fee, it was previously patented by and reliable energy. (c), as consideration for the acquisition of the U.S. and the U.S. retained the min- subsurface mineral interests under sub- AMENDMENT NO. 925 eral interests to that property for its section (a), the Secretary shall pay to the At the request of Mr. INHOFE, his own benefit, currently administered by State an amount equal to the market value name was added as a cosponsor of the Bureau of Land Management. This of the subsurface mineral interests acquired, amendment No. 925 proposed to H.R. 6, legislation would authorize the Bureau as determined by— to ensure jobs for our future with se- of Land Management to transfer those (1) a mineral assessment that is— cure, affordable, and reliable energy. mineral interests to the U.S., to be (A) completed by a team of mineral spe- At the request of Mr. BOND, the name cialists agreed to by the State and the Tribe; held in trust for the Pascua Yaqui of the Senator from Missouri (Mr. TAL- and tribe. ENT) and the Senator from Kentucky (B) reviewed and accepted as complete and The result of the legislation I intro- accurate by a certified review mineral exam- (Mr. BUNNING) were added as cospon- duce today would be to allow the sors of amendment No. 925 proposed to iner of the Bureau of Land Management; United States to obtain and/or consoli- (2) a negotiation between the State and the H.R. 6, supra. date ownership of the mineral interest Tribe to mutually agree on the price of the AMENDMENT NO. 977 only, in its name, in trust for the subsurface mineral interests; or At the request of Ms. SNOWE, the Pascua Yaqui tribe. These mineral in- (3) if the State and the Tribe cannot mutu- name of the Senator from Massachu- terests are under the surface of land al- ally agree on a price under paragraph (2), an setts (Mr. KERRY) was added as a co- ready either owned by the Pascua appraisal report that is— sponsor of amendment No. 977 intended (A)(i) completed by the State in accord- Yaqui tribe, or held in trust for the ance with subsection (d); and to be proposed to H.R. 6, to ensure jobs Tribe by the United States. for our future with secure, affordable, (ii) reviewed by the Tribe; and Finally, under the terms of its cur- (B) on a request of the Tribe to the Bureau and reliable energy. rent gaming compact with the State of of Indian Affairs, reviewed and accepted as f Arizona, the Tribe has already con- complete and accurate by the Office of the STATEMENTS ON INTRODUCED structed the maximum number of casi- Special Trustee for American Indians of the BILLS AND JOINT RESOLUTIONS nos it can operate on its reservation at Department of the Interior. this time. This bill will not authorize (c) CONDITIONS OF ACQUISITION.—The Sec- Mr. MCCAIN: S. 1291. A bill to provide for the ac- additional reservation casinos. retary shall acquire subsurface mineral in- I look forward to working with my terests under subsection (a) only if— quisition of subsurface mineral inter- colleagues to enact this legislation. (1) the payment to the State required ests in land owned by the Pascua Yaqui I ask unanimous consent that the under subsection (b) is accepted by the State Tribe and land held in trust for the text of the bill be printed in the in full consideration for the subsurface min- Tribe; to the Committee on Indian Af- RECORD. eral interests acquired; fairs. There being no objection, the bill was (2) the acquisition terminates all right, Mr. MCCAIN. Mr. President, I am ordered to be printed in the RECORD, as title, and interest of any party other than pleased to introduce the Pascua Yaqui follows: the United States in and to the acquired sub- surface mineral interests; and Mineral Rights Act of 2005 to provide S. 1291 for acquisition of subsurface mineral (3) the Tribe agrees to fully reimburse the Be it enacted by the Senate and House of Rep- Secretary for costs incurred by the Sec- interests in land owned by the Pascua resentatives of the United States of America in retary relating to the acquisition, including Yaqui tribe and land held in trust for Congress assembled, payment to the State for the acquisition. the Tribe. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Pascua (d) DETERMINATION OF MARKET VALUE.— The Pascua Yaqui tribe has pur- Notwithstanding any other provision of law, chased in fee four parcels of land, total- Yaqui Mineral Rights Act of 2005’’. SEC. 2. DEFINITIONS. unless the State and the Tribe otherwise ing approximately 436 acres, from the In this Act: agree to the market value of the subsurface State of Arizona. These parcels are ad- (1) SECRETARY.—The term ‘‘Secretary’’ mineral interests acquired by the Secretary jacent to the Tribe’s reservation near means the Secretary of the Interior. under this section, the market value of those Tucson, AZ. The Tribe subsequently (2) STATE.—The term ‘‘State’’ means the subsurface mineral interests shall be deter- applied to have these lands taken into State of Arizona. mined in accordance with the Uniform Ap- trust pursuant to the 25 CFR Part 151 (3) TRIBE.—The term ‘‘Tribe’’ means the praisal Standards for Federal Land Acquisi- tion, as published by the Appraisal Institute process. The Bureau of Indian Affairs Pascua Yaqui Tribe. SEC. 3. ACQUISITION OF SUBSURFACE MINERAL in 2000, in cooperation with the Department approved the trust application. How- INTERESTS. of Justice and the Office of Special Trustee ever, the State of Arizona objected be- (a) IN GENERAL.—Not later than 180 days for American Indians of the Department of cause it still owns the subsurface min- after the date of enactment of this Act, the Interior.

VerDate Aug 31 2005 06:30 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S23JN5.REC S23JN5 hmoore on PROD1PC68 with CONG-REC-ONLINE June 23, 2005 CONGRESSIONAL RECORD — SENATE S7297 (e) ADDITIONAL TERMS AND CONDITIONS.— A task force on telework initiated by erage of 3 hours per week during nor- The Secretary may require such additional former Virginia Governor James Gil- mal business hours. Teleworkers seek a terms and conditions with respect to the ac- more recommended the establishment blend of job-related and personal bene- quisition of subsurface mineral interests of a tax credit toward the purchase and fits to enable them to better handle under this section as the Secretary considers to be appropriate to protect the interests of installation of electronic and computer their work and life responsibilities; the United States and any valid existing equipment that allow an employee to however these research findings dem- right. telework. For example, the cost of a onstrate the impact on the bottom line SEC. 4. INTERESTS TAKEN INTO TRUST. computer, fax machine, modem, phone, for employers as well. Employers may (a) LAND TRANSFERRED.—Subject to sub- printer, software, copier, and other ex- save more than $10,000 per telework sections (b) and (c), notwithstanding any penses necessary to enable telework employee simply from reduced absen- other provision of law, not later than 180 could count toward a tax credit, pro- teeism and increased employee reten- days after the date on which the Tribe vided the person worked at home a tion. Thus an organization with 100 em- makes the payment described in subsection minimum number of days per year. ployees, 20 of whom telework, could po- (c), the Secretary shall take into trust for My legislation would provide a $500 tentially realize a savings of $200,000 the benefit of the Tribe the subsurface annually, or more, when productivity rights, title, and interests, formerly reserved tax credit ‘‘for expenses paid or in- to the United States, to the following par- curred under a teleworking arrange- gains are added. cels: ment for furnishings and electronic in- When I introduced this legislation in (1) E1⁄2NE1⁄4, SW1⁄4NE1⁄4, sec. 14, T. 15 S., R. formation equipment which are used to the 107th Congress, it was endorsed by 12 E., Gila and Salt River Base & Meridian, enable an individual to telework.’’ An a number of groups including including Pima County, Arizona. employee must telework a minimum of the International Telework Associa- (2) W1⁄2SE1⁄4, SW1⁄4, sec. 24, T. 15 S., R. 12 E., 75 days per year to qualify for the tax tion and Council (ITAC), Covad Com- Gila and Salt River Base & Meridian, Pima credit. Both the employer and em- munications, National Town Builders County, Arizona. ployee are eligible for the tax credit, Association, Litton Industries, Orbital (b) EXCEPTIONS.—The parcels taken into but the tax credit goes to whomever Sciences Corporation, Consumer Elec- trust under subsection (a) shall not include— tronic Association, Capnet, BTG Cor- (1) NE1⁄4SW1⁄4, sec. 24, except the southerly absorbs the expense for setting up the 4.19 feet thereof; at-home worksite. poration, Electonic Industries Alli- (2) NW1⁄4SE1⁄4, sec. 24, except the southerly On October 9, 1999, President Clinton ance, Telecommunications Industry 3.52 feet thereof; or signed into law legislation that I intro- Association, American Automobile As- (3) S1⁄2SE1⁄4, sec. 23, T. 15 S., R. 12 E., Gila duced in coordination with Representa- sociation Mid-Atlantic, Dimensions and Salt River Base & Meridian, Pima Coun- tive FRANK WOLF from Virginia as part International Inc., Capunet, TManage, ty, Arizona. of the annual Department of Transpor- Science Applications International (c) CONSIDERATION AND COSTS.—The Tribe tation appropriations bill for Fiscal Corporation, AT&T, Northern Virginia shall pay to the Secretary only the trans- Technology Council, Computer Associ- action costs relating to the assessment, re- Year 2000. S. 1521, the National Tele- view, and transfer of the subsurface rights, commuting and Air Quality Act, cre- ates Incorporated, and Dyn Corp. title, and interests taken into trust under ated a pilot program to study the feasi- Work is something you do, not some- subsection (a). bility of providing incentives for com- place you go. There is nothing magical panies to allow their employees to about strapping ourselves into a car By Mr. SANTORUM: telework in five major metropolitan and driving sometimes up to an hour S. 1292. A bill to amend the Internal areas including Philadelphia, Wash- and a half, arriving at a workplace and Revenue Code of 1986 to allow a credit ington, D.C., Los Angeles, Houston and sitting before a computer, when we can against income tax for expenses in- Denver. access the same information from a curred in tele-working; to the Com- President Bush signed legislation on computer in our homes. Wouldn’t it be mittee on Finance. July 14, 2000, that included an addi- great if we could replace the evening Mr. SANTORUM. Mr. President, I tional $2 million to continue telework rush hour commute with time spent rise to introduce legislation that would efforts in the 5 pilot cities, including with the family, coaching little league help people who ‘‘telework’’ or work Philadelphia, to market, implement, or volunteering at a local charity? I urge my colleagues to consider co- from home, to receive a tax credit. and evaluate strategies for awarding sponsoring this legislation that pro- Teleworkers are people who work on- telecommuting, emissions reduction, motes telework and helps encourage line from home—whether a few days a and pollution credits established additional employee choices for the week or their entire work schedule— through the National Telecommuting workplace. using computers and other information and Air Quality Act. I am excited that technology tools. Nearly 40 million Philadelphia continues to use this op- By Mr. BUNNING (for himself, Americans telework today, and accord- portunity to help to get the word out Mr. CONRAD, Mr. LOTT, Mr. ing to experts, 40 percent of the na- about the benefits of telecommuting SMITH, and Mrs. LINCOLN): tion’s jobs are compatible with for many employees and employers. S. 1293. A bill to amend the Internal telework. Telecommuting improves air quality Revenue Code of 1986 to permit the con- I am introducing the Telework Tax by reducing pollutants, provides em- solidation of life insurance companies Incentive Act to provide a $500 tax ployees and families flexibility, re- with other companies; to the Com- credit for telework. The legislation duces traffic congestion, and increases mittee on Finance. provides an incentive to encourage productivity and retention rates for Mr. BUNNING. Mr. President, I rise more employers to consider telework businesses while reducing their over- today to introduce legislation to allow for their employees. Telework should head costs. It’s a growing opportunity affiliated life and non-life insurance be a regular part of the 21st century and option which we should all include companies to file consolidated tax re- workplace. in our effort to maintain and improve turns. The current outdated rules do The best part of telework is that it quality of life issues in Pennsylvania not allow such consolidation. improves the quality of life for every- and around the Nation. According to Consolidated return provisions under one—both the employee, the employer statistics available from 1996, the current law were enacted so that the and the community. Telework reduces Greater Philadelphia area ranked num- members of an affiliated group of cor- traffic congestion and air pollution. It ber 10 in the country for annual person- porations could file a single tax return. reduces gas consumption and our de- hours of delay due to traffic conges- The right to file a ‘‘consolidated’’ re- pendency on foreign oil. Encouraging tion. Because of this reality, all op- turn is generally available to busi- telework is good for families—giving tions including telecommuting should nesses of all natures conducted by the working parents the flexibility to meet be pursued to address this challenge. affiliated corporations. The purpose be- everyday demands. Telework provides The 1999 Telework America National hind consolidated returns is simply to people with disabilities greater job op- Telework Survey, conducted by Joan tax a complete business as a whole portunities. It can also be a good op- H. Pratt Associates, found that today’s rather than its component parts indi- tion for retirees and others who choose 19.6 million teleworkers typically work vidually. Whether an enterprise’s busi- to work part-time. 9 days per month at home with an av- nesses are operated as divisions within

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7298 CONGRESSIONAL RECORD — SENATE June 23, 2005 one corporation or as subsidiary cor- Broadband Act of 2005.’’ I am pleased to as electricity. They also argued that porations with a common parent com- be joined in this effort by Senator businesses would suffer if they faced pany, a business entity should gen- MCCAIN of Arizona. competition from cities and towns. But erally be taxed as a single entity and This legislation will promote eco- local community leaders recognized be allowed to file its return accord- nomic development, enhance public that their economic survival depended ingly. safety, increase educational opportuni- on electrifying their communities. Corporate groups which include life ties, and improve the lives of citizens They knew that it would take both pri- insurance companies are denied the in areas of the country that either do vate investment and public investment ability to file a single consolidated re- not have access to broadband or live in to bring electricity to all Americans. turn until they have been affiliated for a location where the cost for broadband We face a similar situation today. at least 5 years. Even after this 5-year is simply not affordable. Municipal networks can play an essen- period, they are subject to two addi- A recent study by the Organization tial role in making broadband access tional limitations that are not applica- for Economic Cooperation and Develop- universal and affordable. We must not ble to any other type of group. First, ment shows that the United States has put up barriers to this possibility of non-life insurance companies must be dropped to 12th place worldwide in the municipal involvement in broadband members of the affiliated group for five percentage of people with broadband deployment. years before their losses may be used connections. Many of the countries Some local governments will decide to offset life insurance company in- ahead of the United States have suc- to do this; others will not. Let me be come. Second, non-life insurance affil- cessfully combined public and private clear this is not going to be the right iate losses, including current year efforts to deploy municipal networks decision for every municipality. But losses and any carryover losses, that that connect their citizens and busi- there are clearly examples of munici- may offset life insurance company tax- nesses with high-speed Internet serv- palities that need to provide able income are limited to the lesser of ices. broadband, and those municipalities 35 percent of life insurance company’s It is in this context that President should have the power to do so. taxable income or 35 percent of the Bush has called for universal and af- Today’s Wall Street Journal notes non-life insurance company’s losses. fordable broadband in the United the small town of Granbury, TX, popu- There are no clear reasons why affili- States by the year 2007. If we are going lation 6,400, that initiated a wireless ated groups that include life insurance to meet President Bush’s goals, we network after waiting years for private companies are denied the same unre- must not enact barriers to broadband industry to take an interest. In stricted ability to file consolidated re- development and access. Unfortu- Scottsburg, IN, a city and its 6000 resi- turns that is available to other finan- nately, fourteen States have passed dents north of Louisville, KY, could cial intermediaries, and corporations legislation to prohibit or significantly not get broadband from an incumbent in general. Allowing members of an af- restrict the ability of local municipali- telephone company. When two impor- filiated group of corporations to file a ties and communities to offer high- tant businesses threatened to leave un- consolidated return prevents the busi- speed Internet to their citizens. More less they could obtain broadband ness enterprise’s structure from ob- States are considering such legislation. connectivity, municipal officials scuring the fact that the true gain or The ‘‘Community Broadband Act’’ is in stepped forward to provide wireless loss of the business enterprise is the response to those efforts by States to broadband throughout the town. The conglomeration of each of the members tell local communities that they can- town retained the two businesses and of the affiliated group. The limitations not establish networks for their citi- gained much more. There are many contained in current law are clearly zens even in communities that either Granburys and Scottsburgs across the without policy justification and should have no access to broadband or where country. be repealed. access is prohibitively expensive. Our legislation will repeal the two 5- There are also underserved urban The ‘‘Community Broadband Act’’ is areas, where private providers may year limitations for taxable years be- a simple bill. It says that no State can ginning after this year, and it will exist, but many in the community sim- prohibit a municipality from offering ply cannot afford the high prices. phase out the 35 percent limitation high-speed Internet to its citizens; and over 7 years. The staff of the Joint Dianah Neff, Philadelphia’s chief infor- when a municipality is a provider, it Committee on Taxation has rec- mation officer, knows this all too well. cannot abuse its governmental author- ommended repeal of two of the three ‘‘The digital divide is local,’’ Neff has ity as regulator to discriminate limitations addressed by my bill on the said, commenting that while 90 percent against private competitors. Further- grounds of needless complexity. The Philadelphia’s affluent neighborhoods more, a municipality must comply third limitation is, in effect, merely a have broadband, just 25 percent in low- with Federal and state telecommuni- minimum tax on life insurance com- income areas have broadband. When cations laws. pany income. That limitation should the city of Philadelphia announced Mr. President, this bill will allow have been repealed when the alter- plans for wireless access, it imme- communities to make broadband deci- native minimum tax was enacted, and diately faced opposition and the Penn- sions that could: Improve their econ- certainly has no place in the current sylvania legislature passed legislation omy and create jobs by serving as a tax laws. I should also note that Con- to counter this municipal power. medium for development, particularly gress included in the tax cut vetoed by Community broadband networks in rural and underserved urban areas; then-President Clinton in 1999 much of have the potential to create jobs, spur aid public safety and first responders what is contained in this legislation. economic development, and bring a 21st by ensuring access to network services I thank Senators CONRAD, LOTT, century utility to everyone. I hope my while on the road and in the commu- SMITH and LINCOLN for joining me in colleagues will join Senator MCCAIN sponsoring this legislation. We hope nity; strengthen our country’s inter- and me in our effort to enact the Com- you will join us as cosponsors of this national competitiveness by giving munity Broadband Act of 2005. bipartisan, much-needed legislation. businesses the means to compete more I ask unanimous consent that the effectively locally, nationally, and text of the bill be printed in the By Mr. LAUTENBERG (for him- internationally; encourage long-dis- RECORD. self and Mr. MCCAIN): tance education through video confer- There being no objection, the bill was S. 1294. A bill to amend the Tele- encing and other means of sharing ordered to be printed in the RECORD, as communications Act of 1996 to preserve knowledge and enhancing learning via follows: and protect the ability of local govern- the Internet; and create incentives for S. 1294 ments to provide broadband capability public-private partnerships. Be it enacted by the Senate and House of Rep- and services; to the Committee on A century ago, there were efforts to resentatives of the United States of America in Commerce, Science, and Transpor- prevent local governments from offer- Congress assembled, tation. ing electricity. Opponents argued that SECTION 1. SHORT TITLE. Mr. LAUTENBERG. Mr. President, I local governments didn’t have the ex- This Act may be cited as the ‘‘Community rise to introduce the ‘‘Community pertise to offer something as complex Broadband Act of 2005’’.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7299 SEC. 2. COMMUNITY BROADBAND CAPABILITY I recognize that our Nation has a technology to help our citizens better AND SERVICES. long and successful history of private compete. We need to help our busi- Section 706 of the Telecommunications Act investment in critical communications nesses capitalize on their ingenuity so of 1996 (47 U.S.C. 157 note) is amended— (1) by redesignating subsection (c) as sub- infrastructure. That history must be that they can become more inter- section (d) and inserting after subsection (b) respected, protected, and continued. nationally competitive. That is why we the following: However, when private industry does need to do all we can to eliminate bar- ‘‘(c) LOCAL GOVERNMENT PROVISION OF AD- not answer the call because of market riers to competition and create incen- VANCED TELECOMMUNICATIONS CAPABILITY failures or other obstacles, it is appro- tives for the delivery of high-speed AND SERVICES.— priate and even commendable, for the Internet services for public suppliers of ‘‘(1) IN GENERAL.—No State statute, regula- people acting through their local gov- broadband services, private suppliers of tion, or other State legal requirement may ernments to improve their lives by in- broadband services, and public-private prohibit or have the effect of prohibiting any partnerships as well. public provider from providing, to any per- vesting in their own future. In many rural towns, the local government’s I hope my colleagues will join us in son or any public or private entity, advanced sponsoring the Community Broadband telecommunications capability or any serv- high-speed Internet offering may be its ice that utilizes the advanced telecommuni- citizens only option to access the Act of 2005. cations capability provided by such provider. World Wide Web. By Mr. MCCAIN: ‘‘(2) ANTIDISCRIMINATION SAFEGUARDS.—To Despite this situation, a few incum- the extent any public provider regulates S. 1295. A bill to amend the Indian bent providers of traditional tele- Gaming Regulatory Act to provide for competing private providers of advanced communications services have at- telecommunications capability or services, accountability and funding of the Na- it shall apply its ordinances and rules with- tempted to stop local government de- tional Indian Gaming Commission; to out discrimination in favor of itself or any ployment of community high speed the Committee on Indian Affairs. advanced telecommunications services pro- Internet services. The bill would do Mr. MCCAIN. Mr. President, I am vider that it owns. nothing to limit their ability to com- pleased to introduce the National In- ‘‘(3) SAVINGS CLAUSE.—Nothing in this sec- pete. In fact, the bill would provide dian Gaming Commission Account- tion shall exempt a public provider from any them an incentive to enter more rural ability Act of 2005 to amend provisions Federal or State telecommunications law or areas and deploy services in partner- of the Indian Gaming Regulatory Act regulation that applies to all providers of ad- ship with local governments. This part- regarding NIGC funding and account- vanced telecommunications capability or services using such advanced telecommuni- nership will not only reduce the costs ability. cations capability.’’; and to private firms, but also ensure wider The Indian gaming industry has un- (2) by adding at the end of subsection (d), deployment of rural services. Addition- dergone tremendous growth since the as redesignated, the following: ally, the bill would aid private pro- enactment of the Indian Gaming Regu- ‘‘(3) PUBLIC PROVIDER.—The term ‘public viders by prohibiting a municipality latory Act in 1988. The regulatory re- provider’ means a State or political subdivi- when acting as both ‘‘regulator’’ and sponsibilities of the NIGC, the Federal sion thereof, any agency, authority, or in- ‘‘competitor’’ from discriminating agency responsible for oversight of the strumentality of a State or political subdivi- against competitors in favor of itself. industry, has likewise grown. In recent sion thereof, or an Indian tribe (as defined in Several newspapers have endorsed years the NIGC’s budgeting needs have section 4(e) of the Indian Self-Determination consistently exceeded the $8 million and Education Assistance Act (25 U.S.C. the concept of allowing municipalities 450b(e)), that provides advanced tele- to choose whether to offer high speed statutory cap, necessitating short-term communications capability, or any service Internet services. USA Today right- authorizations to exceed the cap to en- that utilizes such advanced telecommuni- fully questioned in an editorial, ‘‘Why able it to adequately enforce the Act. cations capability, to any person or public or shouldn’t citizens be able to use their Rather than merely raising the cap private entity.’’. own resources to help themselves?’’ on funding, this legislation amends Mr. MCCAIN. Mr. President, I am The Washington Post editorialized that IGRA’s equation for funding the NIGC pleased to join in sponsoring the Com- the offering of high speed Internet by allowing the funding to adjust in di- munity Broadband Act of 2005. In the services by localities is, ‘‘. . . the sort rect proportion to the revenues of the simplest of terms, this bill would en- of municipal experiment we hope will Indian gaming industry, with funding sure that any town, city, or county spread.’’ The San Jose Mercury News expanding or contracting as the Indian gaming industry grows or recedes. that wishes to offer high-speed Internet stated that a ban on localities ability Under that equation—which provides services to its citizens can do so. The to offer such services is ‘‘bad for con- that fees cannot exceed .08 percent of bill also would ensure fairness by re- sumers, bad for technology and bad for gross gaming revenues—the NIGC’s quiring municipalities that offer high- America’s hopes of catching up to speed Internet services do so in compli- budget for fiscal 2007 would be capped other countries in broadband deploy- at approximately $14.5 million. ance with all Federal and State tele- ment.’’ Finally, the Tampa Tribune communications laws and in a non- As the agency’s needs have grown, so lectured Federal and State legislators, has the scrutiny of the regulated com- discriminatory manner. ‘‘don’t prohibit local elected officials This bill is needed if we are to meet munity and affected parties. It is from providing a service their commu- therefore appropriate that the agency’s President Bush’s call for ‘‘universal, af- nities need.’’ budgetary choices and program plans fordable access for broadband tech- My home State of Arizona boasts the be subject to transparency. Therefore, nology by the year 2007.’’ When Presi- largest approved municipal broadband this legislation increases not only the dent Bush announced this nationwide system in the United States, for exam- agency’s funding, but also its account- goal in 2004, the country was ranked ple. The city of Tempe’s wireless sys- ability by directing that the NIGC be 10th in the world for high-speed Inter- tem will serve all of the city’s 40 subject to the Government Perform- net penetration. Today, the country is square miles and a population of ance and Results Act (GPRA). As a re- ranked 16th. This is unacceptable for a 159,000, including the campus of Ari- sult, the agency would be required to country that should lead the world in zona State University. Citizens will develop a Strategic Plan, and annual technical innovation, economic devel- have Internet access from anywhere at performance plans and performance re- opment, and international competi- any time, and police, fire, water and ports, all of which will provide critical tiveness. traffic services personnel will use the information to the regulated stake- Many of the countries outpacing the system to enhance their efficiency. holders. United States in the deployment of In addition to Tempe, several Native I look forward to working with my high-speed Internet services, including American tribal governments offer colleagues on both sides of the aisle to Canada, Japan, and South Korea, have high-speed Internet access services to enact this timely and balanced legisla- successfully combined municipal sys- their citizens. This bill would ensure tion. I ask unanimous consent that the tems with privately deployed networks that such offerings could continue to full text of the bill be printed in the to wire their countries. As a country, assist Indian country and their ability RECORD. we cannot afford to cut off any success- to connect to the Internet. There being no objection, the bill was ful strategy if we want to remain inter- Our country faces some real chal- ordered to be printed in the RECORD, as nationally competitive. lenges. We need to find ways to use follows:

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7300 CONGRESSIONAL RECORD — SENATE June 23, 2005 S. 1295 (1) in the matter preceding the table, by the effective date of this Act may elect to be Be it enacted by the Senate and House of striking ‘‘thirteen’’ and inserting ‘‘four- assigned to the new ninth circuit or the Representatives of the United States of America teen’’; and twelfth circuit as of such effective date and in Congress assembled, (2) in the table— shall notify the Director of the Administra- SECTION 1. SHORT TITLE. (A) by striking the item relating to the tive Office of the United States Courts of This Act may be cited as the ‘‘National In- ninth circuit and inserting the following: such election. dian Gaming Commission Accountability ‘‘Ninth ...... California, Guam, Ha- SEC. 10. SENIORITY OF JUDGES. Act of 2005’’. waii, Northern Mari- The seniority of each judge— anas Islands.’’; SEC. 2. COMMISSION ACCOUNTABILITY AND (1) who is assigned under section 8, or FUNDING. and (2) who elects to be assigned under section (a) POWERS OF THE COMMISSION.—Section 7 (B) by inserting after the item relating to 9, of the Indian Gaming Regulatory Act (25 the eleventh circuit the following: shall run from the date of commission of U.S.C. 2706) is amended by adding at the end ‘‘Twelfth ...... Alaska, Arizona, Idaho, such judge as a judge of the former ninth cir- the following: Montana, Nevada, Or- cuit. PPLICATION OF OVERNMENT ER egon, Washington.’’. ‘‘(d) A G P - SEC. 11. APPLICATION TO CASES. FORMANCE AND RESULTS ACT.— SEC. 4. JUDGESHIPS. The following apply to any case in which, ‘‘(1) IN GENERAL.—In carrying out any ac- (a) NEW JUDGESHIPS.—The President shall on the day before the effective date of this tion under this Act, the Commission shall be appoint, by and with the advice and consent Act, an appeal or other proceeding has been subject to the Government Performance and of the Senate, 5 additional circuit judges for filed with the former ninth circuit: Results Act of 1993 (Public Law 1030962; 107 the new ninth circuit court of appeals, whose (1) Except as provided in paragraph (3), if Stat. 285). official duty station shall be in California. the matter has been submitted for decision, ‘‘(2) PLANS.—In addition to any plan re- The judges authorized by this paragraph further proceedings with respect to the mat- quired under the Government Performance shall not be appointed before January 21, ter shall be had in the same manner and with and Results Act of 1993 (Public Law 1030962; 2006. the same effect as if this Act had not been 107 Stat. 285), the Commission shall submit a (b) TEMPORARY JUDGESHIPS.— enacted. plan to provide technical assistance to tribal (1) APPOINTMENT OF JUDGES.—The Presi- (2) If the matter has not been submitted gaming operations in accordance with that dent shall appoint, by and with the advice for decision, the appeal or proceeding, to- Act.’’. and consent of the Senate, 2 additional cir- gether with the original papers, printed (b) COMMISSION FUNDING.—Section 18(a)(2) cuit judges for the former ninth circuit court records, and record entries duly certified, of the Indian Gaming Regulatory Act (25 of appeals, whose official duty stations shall shall, by appropriate orders, be transferred U.S.C. 2717(a)(2)) is amended by striking sub- be in California. to the court to which the matter would have paragraph (B) and inserting the following: (2) EFFECT OF VACANCIES.—The first 2 va- been submitted had this Act been in full ‘‘(B) The total amount of all fees imposed cancies occurring on the new ninth circuit force and effect at the time such appeal was during any fiscal year under the schedule es- court of appeals 10 years or more after judges taken or other proceeding commenced, and tablished under paragraph (1) shall not ex- are first confirmed to fill both temporary further proceedings with respect to the case ceed 0.080 percent of the gross gaming reve- circuit judgeships created by this subsection shall be had in the same manner and with nues of all gaming operations subject to reg- shall not be filled. the same effect as if the appeal or other pro- ulation under this Act.’’. (c) EFFECTIVE DATE.—This section shall ceeding had been filed in such court. By Ms. MURKOWSKI (for herself, take effect on the date of the enactment of (3) If a petition for rehearing en banc is this Act. pending on or after the effective date of this Mr. STEVENS, Mr. BURNS, Mr. SEC. 5. NUMBER OF CIRCUIT JUDGES. Act, the petition shall be considered by the CRAIG, Mr. CRAPO, Mr. KYL, and The table contained in section 44(a) of title court of appeals to which it would have been Mr. SMITH): 28, United States Code, is amended— submitted had this Act been in full force and S. 1296. A bill to amend title 28, (1) by striking the item relating to the effect at the time that the appeal or other United States Code, to provide for the ninth circuit and inserting the following: proceeding was filed with the court of ap- peals. appointment of additional Federal cir- ‘‘Ninth ...... 19’’; cuit judges, to divide the Ninth Judi- SEC. 12. TEMPORARY ASSIGNMENT OF CIRCUIT and JUDGES AMONG CIRCUITS. cial Circuit of the United States into 2 (2) by inserting after the item relating to circuits, and for other purposes; to the Section 291 of title 28, United States Code, the eleventh circuit the following: is amended by adding at the end the fol- Committee on the Judiciary. ‘‘Twelfth ...... 14’’. lowing: Ms. MURKOWSKI. Mr. President, I SEC. 6. PLACES OF CIRCUIT COURT. ‘‘(c) The chief judge of the Ninth Circuit ask unanimous consent that my bill, The table contained in section 48(a) of title may, in the public interest and upon request the Ninth Circuit Judgeship and Reor- 28, United States Code, is amended— by the chief judge of the Twelfth Circuit, ganization Act of 2005, be printed in the (1) by striking the item relating to the designate and assign temporarily any circuit RECORD. ninth circuit and inserting the following: judge of the Ninth Circuit to act as circuit There being no objection, the bill was ‘‘Ninth ...... Honolulu, San Fran- judge in the Twelfth Circuit. ordered to be printed in the RECORD, as cisco.’’; ‘‘(d) The chief judge of the Twelfth Circuit may, in the public interest and upon request follows: and by the chief judge of the Ninth Circuit, des- (2) by inserting after the item relating to S, 1296 ignate and assign temporarily any circuit the eleventh circuit the following: Be it enacted by the Senate and House of judge of the Twelfth Circuit to act as circuit Representatives of the United States of America ‘‘Twelfth ...... Phoenix, Portland, Mis- judge in the Ninth Circuit.’’. soula.’’ in Congress assembled, SEC. 13. TEMPORARY ASSIGNMENT OF DISTRICT SEC. 7. LOCATION OF TWELFTH CIRCUIT HEAD- SECTION 1. SHORT TITLE. JUDGES AMONG CIRCUITS. QUARTERS. This Act may be cited as the ‘‘Ninth Cir- Section 292 of title 28, United States Code, The offices of the Circuit Executive of the cuit Judgeship and Reorganization Act of is amended by adding at the end the fol- Twelfth Circuit and the Clerk of the Court of 2005’’. lowing: the Twelfth Circuit shall be located in Phoe- SEC. 2. DEFINITIONS. ‘‘(f) The chief judge of the United States In this Act: nix, Arizona. Court of Appeals for the Ninth Circuit may (1) FORMER NINTH CIRCUIT.—The term SEC. 8. ASSIGNMENT OF CIRCUIT JUDGES. in the public interest— ‘‘former ninth circuit’’ means the ninth judi- Each circuit judge of the former ninth cir- ‘‘(1) upon request by the chief judge of the cial circuit of the United States as in exist- cuit who is in regular active service and Twelfth Circuit, designate and assign 1 or ence on the day before the effective date of whose official duty station on the day before more district judges within the Ninth Circuit this Act. the effective date of this Act— to sit upon the Court of Appeals of the (2) NEW NINTH CIRCUIT.—The term ‘‘new (1) is in California, Guam, Hawaii, or the Twelfth Circuit, or a division thereof, when- ninth circuit’’ means the ninth judicial cir- Northern Marianas Islands shall be a circuit ever the business of that court so requires; cuit of the United States established by the judge of the new ninth circuit as of such ef- and amendment made by section 3(2)(A). fective date; and ‘‘(2) designate and assign temporarily any (3) TWELFTH CIRCUIT.—The term ‘‘twelfth (2) is in Alaska, Arizona, Idaho, Montana, district judge within the Ninth Circuit to circuit’’ means the twelfth judicial circuit of Nevada, Oregon, or Washington shall be a hold a district court in any district within the United States established by the amend- circuit judge of the twelfth circuit as of such the Twelfth Circuit. ment made by section 3(2)(B). effective date. ‘‘(g) The chief judge of the United States SEC. 3. NUMBER AND COMPOSITION OF CIR- SEC. 9. ELECTION OF ASSIGNMENT BY SENIOR Court of Appeals for the Twelfth Circuit may CUITS. JUDGES. in the public interest— Section 41 of title 28, United States Code, Each judge who is a senior circuit judge of ‘‘(1) upon request by the chief judge of the is amended— the former ninth circuit on the day before Ninth Circuit, designate and assign 1 or more

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7301 district judges within the Twelfth Circuit to argue that this standard is excessively My legislation also makes compli- sit upon the Court of Appeals of the Ninth strict. In fact, it is unconscionable that ance with these work hour require- Circuit, or a division thereof, whenever the we now have resident physicians, or ments a condition of Medicare partici- business of that court so requires; and any physicians for that matter, caring pation. Each year, Congress provides $8 ‘‘(2) designate and assign temporarily any district judge within the Twelfth Circuit to for very sick patients 120 hours a week billion to teaching hospitals to train hold a district court in any district within and 36 hours straight with fewer than new physicians. While Congress must the Ninth Circuit. 10 hours between shifts. This is an out- continue to vigorously support ade- ‘‘(h) Any designations or assignments rageous violation of a patient’s right to quate funding so that teaching hos- under subsection (f) or (g) shall be in con- quality care. pitals are able to carryout this impor- formity with the rules or orders of the court In addition to limiting work hours to tant public service, these hospitals of appeals of, or the district within, as appli- 80 hours week, my bill limits the must also make a commitment to en- cable, the circuit to which the judge is des- length of any one shift to 24 consecu- suring safe work conditions for these ignated or assigned.’’. tive hours, while allowing for up to physicians and providing the highest SEC. 14. ADMINISTRATION. three hours of patient transition time, The court of appeals for the ninth circuit quality of care to the patients they as constituted on the day before the effective and limits the length of an emergency treat. date of this Act may take such administra- room shift to 12 hours. The bill also en- In closing I would like to read a tive action as may be required to carry out sures that residents have at least one quote from an Orthopedic Surgery this Act and the amendments made by this out of seven days off and ‘on-call’ shifts Resident from Northern California, Act. Such court shall cease to exist for ad- no more often than every third night. which I think illustrates why we need ministrative purposes 2 years after the date Since I first introduced the Patient this legislation. of enactment of this Act. and Physician Safety and Protection I quote, ‘‘I was operating post-call SEC. 15. EFFECTIVE DATE. Act in the 107th Congress, the medical after being up for over 36 hours and was Except as provided in section 4(c), this Act community and the Accreditation holding retractors. I literally fell and the amendments made by this Act shall Council for Graduate Medical Edu- asleep standing up and nearly face- take effect 12 months after the date of enact- planted into the wound. My upper arm ment of this Act. cation, ACGME, specifically have taken critical steps to address the hit the side of the gurney, and I caught By Mr. CORZINE (for himself, problem of excessive work hours. On myself before I fell to the floor. I near- Mr. BINGAMAN, and Ms. LAN- July 1, 2003, the ACGME issued resident ly put my face in the open wound, DRIEU): work-hour guidelines aimed at address- which would have contaminated the S. 1297. A bill to amend title XVIII of ing this important issue. While I com- entire field and could have resulted in the Social Security Act to reduce the mend ACGME leadership for taking the an infection for the patient.’’ work hours and increase the super- initiative, I remain very concerned This is a very serious problem that vision of resident physicians to ensure that the ACGME’s policy lacks the en- must be addressed before medical er- the safety of patients and resident-phy- forcement mechanisms that are essen- rors like this occur. I hope every mem- sicians themselves; to the Committee tial to ensure compliance with the new ber of the Senate will consider this leg- on Finance. work hour rules. The ACGME’s only islation and the potential it has to re- Mr. CORZINE. Mr. President, I rise sanction against hospitals that over- duce medical errors, improve patient today to reintroduce my legislation, work residents or provide inadequate care, and create a safer working envi- the Patient and Physician Safety and supervision is the threat of lost accred- ronment for the backbone of our Na- Protection Act of 2005, to limit medical itation of residency programs. Medical tion’s healthcare system. I ask unanimous consent that the resident work hours to 80 hours a week residents who have already ‘‘matched’’ text of the bill be printed in the and to provide real protections for pa- into a program and invested years RECORD. tients and resident physicians who are there are understandably reluctant to There being no objection, the bill was negatively affected by excessive work report violations that might result in ordered to be printed in the RECORD, as hours. I feel strongly that as Congress the closure of their residency. Further- follows: begins to consider proposals to reduce more, the ACGME usually gives hos- S. 1297 medical malpractice premiums and im- pital administrators 90–100 days notice prove quality of care, we must consider Be it enacted by the Senate and House of Rep- before inspecting a residency program. resentatives of the United States of America in the role that excessive work hours play While the ACGME policy establishes Congress assembled, in exacerbating medical liability prob- more stringent work hours regulations, SECTION 1. SHORT TITLE. lems and reducing quality of care. it fails to create effective enforcement This Act may be cited as the ‘‘Patient and It is very troubling that hospitals and oversight tools. These rules are Physician Safety and Protection Act of across the Nation are requiring young meaningless without enforcement 2005’’. doctors to work 36 hour shifts and as mechanisms. SEC. 2. FINDINGS. many as 120 hours a week in order to That is why Federal legislation is Congress finds the following: complete their residency programs. necessary. The Patient and Physician (1) The Federal Government, through the These long hours lead to a deteriora- Safety and Protection Act of 2005 not medicare program, pays approximately $8,000,000,000 per year solely to train resi- tion of cognitive function similar to only recognizes the problem of exces- dent-physicians in the United States, and as the effects of blood alcohol levels of 0.1 sive work hours, but also creates a result, has an interest in assuring the safe- percent. This is a level of cognitive im- strong enforcement mechanisms. The ty of patients treated by resident-physicians pairment that would make these doc- bill also provides funding support to and the safety of resident-physicians them- tors unsafe to drive—yet these physi- teaching hospitals to implement new selves. cians are not only allowed but in fact work hour standards. Without enforce- (2) Resident-physicians spend as much as 30 are required to care for patients and ment and financial support, efforts to to 40 percent of their time performing activi- perform procedures on patients under reduce work hours are not likely to be ties not related to the educational mission of training competent physicians. these conditions. In fact, a study by successful. (3) The excessive numbers of hours worked Harvard Medical School researchers Finally, my legislation provides by resident-physicians is inherently dan- published in the October 28, 2004 issue meaningful enforcement mechanisms gerous for patient care and for the lives of of the New England Journal of Medi- that will protect the identity of resi- resident-physicians. cine found that medical residents made dent physicians who file complaints (4) The scientific literature has consist- 35.9 percent more serious medical er- about work hour violations. The ently demonstrated that the sleep depriva- rors when they worked extended shifts ACGME’s guidelines do not contain tion of the magnitude seen in residency of more than 24 hours. any whistleblower protections for resi- training programs leads to cognitive impair- The Patient and Physician Safety dents that seek to report program vio- ment. (5) A substantial body of research indicates and Protection Act of 2005 will limit lations. Without this important protec- that excessive hours worked by resident-phy- medical resident work hours to 80 tion, residents will be reluctant to re- sicians lead to higher rates of medical error, hours a week. Not 40 hours or 60 port these violations, which in turn motor vehicle accidents, depression, and hours—80 hours a week. It is hard to will weaken enforcement. pregnancy complications.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7302 CONGRESSIONAL RECORD — SENATE June 23, 2005 (6) The medical community has not ade- ‘‘(2) The Secretary shall promulgate such in any manner against an employee with re- quately addressed the issue of excessive resi- regulations as may be necessary to monitor spect to compensation, terms, conditions, or dent-physician work hours. and supervise postgraduate trainees assigned privileges of employment, who in good faith (7) The Federal Government has regulated patient care responsibilities as part of an ap- (as defined in paragraph (2)), individually or the work hours of other industries when the proved medical training program, as well as in conjunction with another person or per- safety of employees or the public is at risk. to assure quality patient care. sons— (8) The Institute of Medicine has found ‘‘(3) Each hospital shall inform post- (A) reports a violation or suspected viola- that as many as 98,000 deaths occur annually graduate trainees of— tion of such requirements to a public regu- due to medical errors and has suggested that ‘‘(A) their rights under this subsection, in- latory agency, a private accreditation body, 1 necessary approach to reducing errors in cluding methods to enforce such rights (in- or management personnel of the hospital; hospitals is reducing the fatigue of resident- cluding so-called whistle-blower protec- (B) initiates, cooperates, or otherwise par- physicians. tions); and ticipates in an investigation or proceeding SEC. 3. REVISION OF MEDICARE HOSPITAL CON- ‘‘(B) the effects of their acute and chronic brought by a regulatory agency or private DITIONS OF PARTICIPATION RE- sleep deprivation both on themselves and on accreditation body concerning matters cov- GARDING WORKING HOURS OF MED- their patients. ered by such requirements; ICAL RESIDENTS, INTERNS, AND ‘‘(4) For purposes of this subsection, the (C) informs or discusses with other employ- FELLOWS. term ‘postgraduate trainee’ means a post- ees, with a representative of the employees, (a) IN GENERAL.—Section 1866 of the Social graduate medical resident, intern, or fel- with patients or patient representatives, or Security Act (42 U.S.C. 1395cc) is amended— low.’’. with the public, violations or suspected vio- (1) in subsection (a)(1)— (b) DESIGNATION.— lations of such requirements; or (A) by striking ‘‘and’’ at the end of sub- (1) IN GENERAL.—The Secretary of Health paragraph (U); and Human Services (in this subsection re- (D) otherwise avails himself or herself of (B) by striking the period at the end of ferred to as the ‘‘Secretary’’) shall designate the rights set forth in such section or this subparagraph (V) and inserting ‘‘, and’’; and an individual within the Department of subsection. (C) by inserting after subparagraph (V) the Health and Human Services to handle all (2) GOOD FAITH DEFINED.—For purposes of following new subparagraph: complaints of violations that arise from a this subsection, an employee is deemed to ‘‘(W) in the case of a hospital that uses the postgraduate trainee (as defined in para- act ‘‘in good faith’’ if the employee reason- services of postgraduate trainees (as defined graph (4) of section 1886(k) of the Social Se- ably believes— in subsection (k)(4)), to meet the require- curity Act, as added by subsection (a), who (A) that the information reported or dis- ments of subsection (k).’’; and reports that the hospital operating the med- closed is true; and (2) by adding at the end the following new ical residency training program for which (B) that a violation has occurred or may subsection: the trainee is enrolled is in violation of the occur. (d) EFFECTIVE DATE.—The amendments ‘‘(k)(1)(A) In order that the working condi- requirements of such section. made by subsection (a) shall take effect on tions and working hours of postgraduate (2) GRIEVANCE RIGHTS.—A postgraduate the first July 1 that begins at least 1 year trainees promote the provision of quality trainee may file a complaint with the Sec- after the date of enactment of this Act. medical care in hospitals, as a condition of retary concerning a violation of the require- participation under this title, each hospital ments under such section 1886(k). Such a SEC. 4. ADDITIONAL FUNDING FOR HOSPITAL COSTS. shall establish the following limits on work- complaint may be filed anonymously. The There are hereby appropriated to the Sec- ing hours for postgraduate trainees: Secretary may conduct an investigation and retary of Health and Human Services such ‘‘(i) Subject to subparagraphs (B) and (C), take corrective action with respect to such a amounts as may be required to provide for postgraduate trainees may work no more violation. additional payments to hospitals for their than a total of 24 hours per shift. (3) ENFORCEMENT.— reasonable additional, incremental costs in- ‘‘(ii) Subject to subparagraph (C), post- (A) CIVIL MONEY PENALTY ENFORCEMENT.— curred in order to comply with the require- graduate trainees may work no more than a Subject to subparagraph (B), any hospital ments imposed by this Act (and the amend- total of 80 hours per week. that violates the requirements under such ‘‘(iii) Subject to subparagraph (C), post- ments made by this Act). section 1886(k) is subject to a civil money Mr. ENSIGN. Mr. President, I come graduate trainees— penalty not to exceed $100,000 for each med- ‘‘(I) shall have at least 10 hours between ical residency training program operated by before the Senate today about a very scheduled shifts; the hospital in any 6-month period. The pro- serious issue that is threatening the ‘‘(II) shall have at least 1 full day out of visions of section 1128A of the Social Secu- disbursal of justice in the western every 7 days off and 1 full weekend off per rity Act (other than subsections (a) and (b)) United States. month; shall apply to civil money penalties under My home State of Nevada, along with ‘‘(III) subject to subparagraph (B), who are this paragraph in the same manner as they eight other States, has been part of an assigned to patient care responsibilities in apply to a penalty or proceeding under sec- an emergency department shall work no unbelievable population boom over the tion 1128A(a) of such Act. last several decades. As a result, we more than 12 continuous hours in that de- (B) CORRECTIVE ACTION PLAN.—The Sec- partment; retary shall establish procedures for pro- face the frustrating challenges of in- ‘‘(IV) shall not be scheduled to be on call in viding a hospital that is subject to a civil creased traffic congestion, crowded the hospital more often than every third monetary penalty under subparagraph (A) schools, and a shortage of many serv- night; and with an opportunity to avoid such penalty by ices. However, there is one consequence ‘‘(V) shall not engage in work outside of submitting an appropriate corrective action of that growth that has reached a crit- the educational program that interferes with plan to the Secretary. ical level because it is delaying and de- the ability of the postgraduate trainee to (4) DISCLOSURE OF VIOLATIONS AND ANNUAL nying justice for too many Americans. achieve the goals and objectives of the pro- REPORTS.—The individual designated under gram or that, in combination with the pro- That is the situation with the Court paragraph (1) shall— of Appeals for the Ninth Circuit. The gram working hours, exceeds 80 hours per (A) provide for annual anonymous surveys week. of postgraduate trainees to determine com- largest circuit in the country, it en- ‘‘(B)(i) Subject to clause (ii), the Secretary pliance with the requirements under such compasses 20 percent of the entire Na- shall promulgate such regulations as may be section 1886(k) and for the disclosure of the tion’s population. The Ninth Circuit necessary to ensure quality of care is main- results of such surveys to the public on a has the highest cases per jurist ratio. tained during the transfer of direct patient medical residency training program specific care from 1 postgraduate trainee to another And the trend is not changing. The Cir- basis; at the end of each shift. cuit is just too large. Each of the ‘‘(ii) Such regulations shall ensure that, (B) based on such surveys, conduct appro- States covered by the Ninth Circuit except in the case of individual patient priate on-site investigations; saw population growths over the last emergencies, the period in which a post- (C) provide for disclosure to the public of violations of and compliance with, on a hos- decade, and three of the States—Ne- graduate trainee is providing for the transfer vada, Idaho, and Arizona—are in the of direct patient care (as referred to in pital and medical residency training pro- clause (i)) does not extend such trainee’s gram specific basis, such requirements; and top five in the country for population shift by more than 3 hours beyond the 24- (D) make an annual report to Congress on growth. Something must be done, or hour period referred to in subparagraph the compliance of hospitals with such re- the Ninth Circuit will continue to bust (A)(i) or the 12-hour period referred to in sub- quirements, including providing a list of hos- at the seams. paragraph (A)(iii)(III), as the case may be. pitals found to be in violation of such re- That is why I am introducing legisla- ‘‘(C) The work hour limitations under sub- quirements. tion today that would divide the cur- (c) WHISTLEBLOWER PROTECTIONS.— paragraph (A) and requirements of subpara- rent Ninth Circuit into 3 new circuits. graph (B) shall not apply to a hospital during (1) IN GENERAL.—A hospital covered by the a state of emergency declared by the Sec- requirements of section 1866(k) of the Social The new Ninth Circuit would include retary that applies with respect to that hos- Security Act, as added by subsection (a), California, Hawaii, Guam, and the pital. shall not penalize, discriminate, or retaliate Northern Marianas Islands. The new

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7303 Twelfth Circuit would be comprised of programs. Congress has used the Social the money necessary to initiate it, should be Arizona, Nevada, Idaho, and Montana. Security Trust Fund to promote the self-sustaining in the sense that funds for And the new Thirteenth Circuit would false notion that Social Security actu- the payment of insurance benefits should not contain Oregon, Washington, and Alas- ally saves the money workers pay in, come from the proceeds of general tax- ation.’’. ka. and it is time to end this abusive prac- (2) Social Security’s financial integrity is This splitting of the Ninth Circuit is tice. It is time we start saving these re- maintained by requiring that benefit pay- absolutely necessary if the residents of sources in personal accounts that poli- ments do not exceed the program’s dedicated Nevada and the other western states ticians cannot spend. tax revenues and the interest earned on the are to have equal access to justice. Money cannot have 2 masters—it ei- balances in the Federal Old-Age and Sur- Right now, citizens living under the ther belongs to the government or to vivors Insurance Trust Fund and the Federal Ninth Circuit face incomparable delays individual Americans. The only way to Disability Insurance Trust Fund over the and judicial inconsistencies. Recently, prevent Congress from spending Social long term. (3) The separation of Social Security from the Ninth Circuit had more cases pend- Security surpluses is to rebate these other budget accounts also serves to protect ing for more than one year than all funds back to a worker in a personal Social Security benefits from competing other circuits combined. account with their name on it. The against other Federal programs for its fund- And because of the sheer magnitude only true lock-box is a personal ac- ing resources. of the number of judges in the Ninth count. (4) Comprehensive reforms should be en- Circuit, it has become increasingly dif- President Bush has done a good job acted to— ficult for judges to track the opinions helping Americans understand the (A) fix Social Security permanently; of the other judges in the circuit. In problem. Now it is up to Congress to (B) ensure that any use of general revenues fact, it happened that on the same day, for the program is temporary; and build consensus around some solutions. (C) provide for the eventual repayment of 2 different 3-judge panels in the Ninth Every American and nearly everyone any revenue transfers from the general fund Circuit issued different legal standards in Congress agree on at least one core to the Federal Old-Age and Survivors Insur- to resolve the same issue. Can you principle: Social Security money ance Trust Fund and the Federal Disability imagine the headache this causes for should only be spent on Social Secu- Insurance Trust Fund. district judges who are supposed to fol- rity. Before we can have an honest de- TITLE I—SOCIAL SECURITY PERSONAL low the standard set by the Ninth Cir- bate on long-term solutions, we must RETIREMENT ACCOUNTS PROGRAM cuit? It compromises the system of jus- restore trust with Americans. SEC. 101. ESTABLISHMENT OF THE SOCIAL SECU- tice that is the cornerstone of our de- Stopping the raid will strengthen So- RITY PERSONAL RETIREMENT AC- mocracy. cial Security and is the first step to- COUNTS PROGRAM. As a Nevadan, I am also angered by (a) IN GENERAL.—Title II of the Social Se- ward long-term reform. curity Act is amended— some of the decisions made by the I ask unanimous consent that the (1) by inserting before section 201 the fol- Ninth Circuit Court. I know how Ne- text of the bill be printed in the lowing: vadans feel about issues such as the RECORD. ‘‘PART A—INSURANCE BENEFITS’’; Pledge of Allegiance. Like me, they There being no objection, the bill was and were outraged that the phrase ‘‘under ordered to be printed in the RECORD, as (2) by adding at the end of such title the God’’ was ruled unconstitutional by follows: following new part: the Ninth Circuit. This wasn’t the only S. 1302 ‘‘PART B—SOCIAL SECURITY PERSONAL case of the Ninth Circuit misinter- Be it enacted by the Senate and House of Rep- RETIREMENT ACCOUNTS PROGRAM preting the Constitution and our laws. resentatives of the United States of America in ‘‘DEFINITIONS In 1997 alone, the United States Su- Congress assembled, ‘‘SEC. 251. For purposes of this part— preme Court overruled 27 out of 28 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(1) PARTICIPATING INDIVIDUAL.—The term Ninth Circuit decisions. I wish I could (a) SHORT TITLE.—This Act may be cited as ‘participating individual’ has the meaning say that was just an ‘‘off’ year for the the ‘‘Stop the Raid on Social Security Act of provided in section 253(a). court, but their track record wasn’t 2005’’. ‘‘(2) ACCOUNT ASSETS.—The term ‘account much better in the 6 years before that. (b) TABLE OF CONTENTS.—The table of con- assets’ means, with respect to a social secu- Rather than continue down this path tents is as follows: rity personal retirement account, the total of judicial destruction, it is time to use Sec. 1. Short title; table of contents. amount transferred to such account, in- Sec. 2. Findings. creased by earnings credited under this part a forward looking approach to the ac- and reduced by losses and administrative ex- cess of justice in the western United TITLE I—SOCIAL SECURITY PERSONAL RETIREMENT ACCOUNTS PROGRAM penses under this part. States. I urge my colleagues to join me ‘‘(3) CERTIFIED ACCOUNT MANAGER.—The in our Constitutional duty to establish Sec. 101. Establishment of the Social Secu- term ‘certified account manager’ means a courts for the sake of justice in this rity Personal Retirement Ac- person who is certified under section 258(b). counts Program. country. Failure to act will cost the ‘‘(4) BOARD.—The term ‘Board’ means the citizens of my state, and many other ‘‘PART B—SOCIAL SECURITY PERSONAL Social Security Personal Savings Board es- RETIREMENT ACCOUNTS PROGRAM western states, dearly. tablished under section 258(a). ‘‘Sec. 251. Definitions. ‘‘(5) COMMISSIONER.—The term ‘Commis- sioner’ means the Commissioner of Social By Mr. DEMINT (for himself, Mr. ‘‘Sec. 252. Establishment of Program. ‘‘Sec. 253. Participation in Program. Security. SANTORUM, Mr. GRAHAM, Mr. ‘‘Sec. 254. Social security personal retire- ‘‘(6) PROGRAM.—The term ‘Program’ means CRAPO, Mr. Coburn, Mr. ment accounts . the Social Security Personal Retirement Ac- SUNUNU, Mr. ISAKSON, Mr. ENZI, ‘‘Sec. 255. Investment of accounts. counts Program established under this part. Mr. CORNYN, Mr. LOTT, Mr. ‘‘Sec. 256. Distributions of account balance ‘‘ESTABLISHMENT OF PROGRAM BROWNBACK, and Mr. CRAIG). at retirement. ‘‘SEC. 252. There is hereby established a So- S. 1302. A bill to amend the Social Se- ‘‘Sec. 257. Additional rules relating to dis- cial Security Personal Retirement Accounts curity Act and the Internal Revenue position of account assets. Program. The Program shall be governed by Code of 1986 to stop the Congress from ‘‘Sec. 258. Administration of the program. regulations which shall be prescribed by the spending Social Security surpluses on Sec. 102. Annual account statements. Social Security Personal Savings Board. The other Government programs by dedi- TITLE II—TAX TREATMENT Board, the Executive Director appointed by cating those surpluses to personal ac- Sec. 201. Tax treatment of social security the Board, the Commissioner, and the Sec- counts that can only be used to pay So- personal retirement accounts. retary of the Treasury shall consult with Sec. 202. Benefits taxable as Social Security each other in issuing regulations relating to cial Security benefits; to the Com- their respective duties under this part. Such mittee on Finance. benefits. ‘‘Sec. 2059. Social security personal retire- regulations shall provide for appropriate ex- Mr. DEMINT. Mr. President, it’s time ment accounts. change of information to assist them in per- to stop the raid on Social Security. For SEC. 2. FINDINGS. forming their duties under this part. over twenty years, Congress has main- Congress makes the following findings: ‘‘PARTICIPATION IN PROGRAM tained the misguided practice of over- (1) President Franklin Roosevelt’s January ‘‘SEC. 253. (a) PARTICIPATING INDIVIDUAL.— collecting Social Security taxes and 17, 1935, message on Social Security declared For purposes of this part, the term ‘partici- spending them on other government that, ‘‘First, the system adopted, except for pating individual’ means any individual—

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7304 CONGRESSIONAL RECORD — SENATE June 23, 2005 ‘‘(1) who is credited under part A with participating individual is the product de- ‘‘(ii) the administrative cost percentage at- wages paid after December 31, 2005, or self- rived by multiplying— tributable to the Program determined by the employment income derived in any taxable ‘‘(i) the sum of— Board for that year (including reasonable ad- year ending after such date, ‘‘(I) the total amount of wages paid to the ministration fees charged by certified ac- ‘‘(2) who is born on or after January 1, 1950, participating individual during such cal- count managers under the Program), but in and endar year on which there was imposed a tax no event to exceed 30 basis points per year of ‘‘(3) who has not filed an election to re- under section 3101(a) of the Internal Revenue the assets under management). nounce such individual’s status as a partici- Code of 1986, and ‘‘(3) TRANSITION RULE.—Notwithstanding pating individual under subsection (b). ‘‘(II) the total amount of self-employment paragraph (1), amounts payable to social se- ‘‘(b) RENUNCIATION OF PARTICIPATION.— income derived by the participating indi- curity personal retirement accounts under ‘‘(1) IN GENERAL.—An individual— vidual during the taxable year ending during paragraph (1) with respect to the first cal- ‘‘(A) who has not attained retirement age such calendar year on which there was im- endar year described in paragraph (1) ending (as defined in section 216(l)(1)), and posed a tax under section 1401(a) of the Inter- after the date of the enactment of the Stop ‘‘(B) with respect to whom no distribution nal Revenue Code of 1986, by the Raid on Social Security Act of 2005 shall has been made from amounts credited to the ‘‘(ii) the surplus percentage for such cal- be paid by the Secretary of the Treasury as individual’s social security personal retire- endar year determined under subparagraph soon as practicable after such Secretary de- ment account, (B), termines that the administrative mecha- may elect, in such form and manner as shall increased by deemed interest on each nisms necessary to provide for accurate and be prescribed in regulations of the Board, to amount transferred for such calendar year efficient payment of such amounts have been renounce such individual’s status as a ‘par- for the period commencing with July 1 of established. ticipating individual’ for purposes of this such calendar year and the ending on the ‘‘(4) TRANSFER OF GENERAL REVENUES TO part. Upon completion of the procedures pro- date on which such amount is transferred, ENSURE CONTINUED SOLVENCY OF FEDERAL vided for under paragraph (2), any such indi- computed at an annual rate equal to the av- OLD-AGE AND SURVIVORS INSURANCE TRUST vidual who has made such an election shall erage annual rate of return on investments FUND.—Whenever the Secretary of the Treas- not be treated as a participating individual of amounts in the Government Securities In- ury makes a transfer under paragraph (1), under this part, effective as if such indi- vestment Fund for such calendar year and the Secretary of the Treasury also shall vidual had never been a participating indi- the preceding 2 calendar years (except that, transfer, to the extent necessary, from vidual. The Board shall provide for imme- for purposes of the first 3 calendar years for amounts otherwise available in the general diate notification of such election to the which deemed interest is computed, this sen- fund of the Treasury, such amounts as are Commissioner of Social Security, the Sec- tence shall be applied by substituting ‘Fed- necessary to maintain a 100 percent ratio of retary of the Treasury, and the Executive eral Old-Age and Survivors Insurance Trust assets of the Federal Old-Age and Survivors Director. Fund’ for ‘Government Securities Invest- Insurance Trust Fund and the Federal Dis- ‘‘(2) PROCEDURE.—The Board shall pre- ment Fund’) and decreased by the adminis- ability Insurance Trust Fund to the annual scribe by regulation procedures governing trative offset amount determined under sub- amount required to pay the full amount of the termination of an individual’s status as paragraph (D). benefits payable under part A for each year occurring during the period that begins with ‘participating individual’ pursuant to an ‘‘(B) SURPLUS PERCENTAGE.—For purposes election under this subsection. Such proce- of subparagraph (A)(ii), the surplus percent- the year in which such transfer is made and dures shall include— age for a calendar year is the ratio (ex- ends with 2041. ‘‘(c) REQUIREMENTS FOR ACCOUNTS.—The ‘‘(A) prompt closing of the individual’s so- pressed as a percentage) of— following requirements shall be met with re- cial security personal retirement account es- ‘‘(i) the net surplus in the Federal Old-Age spect to each social security personal retire- tablished under section 254, and and Survivors Insurance Trust Fund for such ment account: ‘‘(B) prompt transfer to the Federal Old- year, to ‘‘(1) Amounts transferred to the account Age and Survivors Insurance Trust Fund as ‘‘(ii) the sum of— consist solely of amounts transferred pursu- general receipts of any amount held for in- ‘‘(I) the total amount of wages paid to par- ant to this part. vestment in such individual’s social security ticipating individuals during such calendar ‘‘(2) In accordance with section 255, the ac- personal retirement account. year under section 3101(a) of the Internal count assets are held for purposes of invest- ‘‘(3) IRREVOCABILITY.—An election under Revenue Code of 1986, and ment under the Program by a certified ac- this subsection shall be irrevocable. ‘‘(II) the total amount of self-employment count manager designated by (or on behalf ‘‘SOCIAL SECURITY PERSONAL RETIREMENT income derived during taxable years ending of) the participating individual for whom ACCOUNTS during such calendar year by participating such account is established under the Pro- ‘‘SEC. 254. (a) ESTABLISHMENT OF AC- individuals under section 1401(a) of such gram. COUNTS.—Under regulations which shall be Code. ‘‘(3) Disposition of the account assets is prescribed by the Board in consultation with ‘‘(C) NET TRUST FUND SURPLUS.—For pur- made solely in accordance with sections 256 the Secretary of the Treasury— poses of subparagraph (B), the term ‘net sur- and 257. ‘‘(1) the Board shall establish a social secu- plus’ in connection with the Federal Old-Age ‘‘(d) ACCOUNTING OF RECEIPTS AND DIS- rity personal retirement account for each and Survivors Insurance Trust Fund for a BURSEMENTS UNDER THE PROGRAM.—The participating individual (for whom a social calendar year means the excess, if any, of— Board shall provide by regulation for an ac- security personal retirement account has not ‘‘(i) the sum of— counting system for purposes of this part— otherwise been established under this part) ‘‘(I) the total amounts which are appro- ‘‘(1) which shall be maintained by or under upon initial receipt of a transfer under sub- priated to such Trust Fund under clauses (3) the Executive Director, section (b) with respect to such participating and (4) of section 201(a) and attributable to ‘‘(2) which shall provide for crediting of individual, and such calendar year, and earnings from, and debiting of losses and ad- ‘‘(2) in any case described in paragraph (2) ‘‘(II) the total amounts which are appro- ministrative expenses from, amounts held in of section 257(b), the Board shall establish a priated to such Trust Fund under section 121 social security personal retirement ac- social security personal retirement account of the Social Security Amendments of 1983 counts, and for the divorced spouse referred to in such and attributable to such calendar year, over ‘‘(3) under which receipts and disburse- paragraph (2). ‘‘(ii) the amount estimated by the Commis- ments under the Program which are attrib- ‘‘(b) TRANSFERS TO SOCIAL SECURITY PER- sioner of Social Security to be the total utable to each account are separately ac- SONAL RETIREMENT ACCOUNTS.— amount to be paid from such Trust Fund dur- counted for with respect to such account. ‘‘(1) IN GENERAL.—Under regulations which ing such calendar year for all purposes au- ‘‘(e) CORRECTION OF ERRONEOUS TRANS- shall be prescribed by the Secretary of the thorized by section 201 (other than payments FERS.—The Board, in consultation with the Treasury in consultation with the Board, as of interest on, and repayments of, loans from Commissioner, shall provide by regulation soon as practicable during the 1-year period the Federal Hospital Insurance Trust Fund rules similar to paragraphs (4) through (7) after each calendar year, the Secretary of under section 201(l)(1), but reducing the and (9) of section 205(c) and section 205(g) the Treasury shall transfer to each partici- amount of any transfer to the Railroad Re- with respect to the correction of erroneous pating individual’s social security personal tirement Account by the amount of any or omitted transfers of amounts to social se- retirement account, from amounts held in transfers into such Trust Fund from such Ac- curity personal retirement accounts. the Federal Old-Age and Survivors Insurance count). ‘‘INVESTMENT OF ACCOUNTS Trust Fund, amounts equivalent to the per- ‘‘(D) ADMINISTRATIVE OFFSET AMOUNT.—For ‘‘SEC. 255. (a) DESIGNATION OF CERTIFIED sonal retirement account deposit with re- purposes of subparagraph (A), the adminis- ACCOUNT MANAGERS.—Under the Program, a spect to such participating individual for trative offset amount determined with re- certified account manager shall be des- such calendar year. spect to a personal retirement account de- ignated by or on behalf of each participating ‘‘(2) PERSONAL RETIREMENT ACCOUNT DE- posit for a calendar year is the amount equal individual to hold for investment under this POSIT.— to the product of— section such individual’s social security per- ‘‘(A) IN GENERAL.—For purposes of para- ‘‘(i) the amount of such deposit determined sonal retirement account assets. graph (1), the personal retirement account for that year without regard to a reduction ‘‘(b) PROCEDURE FOR DESIGNATION.—Any deposit for a calendar year with respect to a under this subparagraph; and designation made under subsection (a) shall

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7305 be made in such form and manner as shall be balance in the participating individual’s so- same rate as primary insurance amounts are prescribed in regulations prescribed by the cial security personal retirement account increased under section 215(i). Board. Such regulations shall provide for an- would be sufficient to purchase a minimum ‘‘(e) ASSUMPTIONS.—The assumptions under nual selection periods during which partici- annuity, the Executive Director shall, sub- subsection (b) include the probability of sur- pating individuals may make designations ject to subparagraph (B)— vival for persons born in the same year as pursuant to subsection (a). Designations ‘‘(i) use such amount of the balance in a the participating individual (and the spouse, made pursuant to subsection (a) during any participating individual’s social security in the case of a joint annuity), future projec- such period shall be irrevocable for the one- personal retirement account as is necessary tion of investment earnings based on invest- year period following such period, except to purchase an annuity which meets the re- ment of the account assets, and expected that such regulations shall provide for such quirements of subsection (b) (other than the price inflation. Determinations under this interim designations as may be necessitated requirement that the annuity provides for subsection shall be made in accordance with by the decertification of a certified account payments which, on an annual basis, are regulations which shall be prescribed by the manager. Such regulations shall provide for equal to at least the minimum annuity Board, otherwise using generally accepted such designations made by the Board on be- amount), the terms of which provide for an actuarial assumptions, except that no dif- half of a participating individual in any case annual payment that, when combined with ferentiation shall be made in such assump- in which a timely designation is not made by the total amount of annual old-age insurance tions on the basis of sex, race, health status, the participating individual. benefits payable to the participating indi- or other characteristics other than age. Such ‘‘(c) INVESTMENT.—Any balance held in a vidual, is equal to the annual amount that a assumptions may include, for determina- participating individual’s social security minimum annuity would pay to the indi- tions made prior to 2009, an assumed interest personal retirement account under this part vidual; and rate reflecting investment earnings of the which is not necessary for immediate with- ‘‘(ii) provide for the distribution of any re- Federal Old-Age and Survivors Insurance drawal shall be invested on behalf of such maining balance in the participating individ- participating individual by the certified ac- Trust Fund. ‘‘(f) OFFSET OF PART A BENEFITS.—Not- count manager as follows: ual’s social security personal retirement ac- count in the form of a lump-sum payment. withstanding any other provision of this ‘‘(1) INVESTMENT IN MARKETABLE GOVERN- ‘‘(B) OPTION FOR INCREASED ANNUITY.—A title, in the case of a participating indi- MENT SECURITIES.—In a representative mix of vidual to which subsection (a)(1) applies, the fixed marketable interest-bearing obliga- participating individual may elect to have total amount of monthly old-age insurance tions of the United States then forming a the Executive Director use the balance of the benefits payable as benefits under subsection part of the public debt which are not due or individual’s social security personal retire- (a), (b), (c), or (h) of section 202, subsection callable earlier than 4 years after the date of ment account to purchase an annuity which (e) or (f) of section 202 other than on the investment. meets the requirements of subsection (b), the terms of which provide for the maximum basis of disability, or any combination there- ‘‘(2) ADDITIONAL AND ALTERNATIVE INVEST- monthly payment that such account can of, to such individual determined under sub- MENTS.—Beginning with 2008, in such addi- section (a) shall be reduced so that the tional and alternative investment options in fund, in lieu of using only a portion of such amount of such monthly old-age insurance broad-based index funds that are similar to balance to purchase an annuity which pro- benefits payable to the individual does not the index fund investment options available vides a monthly payment equal to the exceed the amount equal to the difference within the Thrift Savings Fund established amount described in subparagraph (A)(i). between— under section 8437 of title 5, United States ‘‘(3) DISTRIBUTION IN EVENT OF FAILURE TO ‘‘(i) such monthly old-age insurance bene- Code, as the Board determines would be pru- OBTAIN AT LEAST A POVERTY-LEVEL BENEFIT.— fits (determined without regard to a reduc- dent sources of retirement income that could If such total amount when combined with all tion under this subsection); and yield greater amounts of income than the in- of the balance in the participating individ- ‘‘(ii) the ratio of— vestment described in paragraph (1) and a ual’s social security personal retirement ac- ‘‘(I) what would have been the monthly an- participating individual may elect. count would not be sufficient to purchase a minimum annuity, the participating indi- nuity payment payable to the individual ‘‘DISTRIBUTIONS OF ACCOUNT BALANCE AT vidual may elect to have the Executive Di- from an annuity if the individual’s personal RETIREMENT rector— retirement account balance had earned the ‘‘SEC. 256. (a) PART A AND SOCIAL SECURITY ‘‘(A) distribute the balance in the partici- rate of return specified in section PERSONAL RETIREMENT ACCOUNT BENEFITS pating individual’s social security personal 254(b)(2)(A); to COMBINED.—Upon the date on which a par- retirement account in the form of a lump- ‘‘(II) the expected present value of all fu- ticipating individual becomes entitled to sum payment; or ture potential benefits payable under section old-age insurance benefits under section ‘‘(B) if such balance is sufficient to pur- 202 on the basis of the wages or self-employ- 202(a), the Executive Director shall deter- chase an annuity which meets the require- ment income of the participating individual mine the total amount which would (but for ments of subsection (b) (other than the re- (determined as of the date the participating this section) be payable as benefits under quirement that the annuity provides for pay- individual becomes entitled to old-age bene- subsection (a), (b), (c), or (h) of section 202, ments which, on an annual basis, are equal fits under section 202(a)). subsection (e) or (f) of section 202 other than to at least the minimum annuity amount), on the basis of disability, or any combina- ‘‘ADDITIONAL RULES RELATING DISPOSITION OF purchase such an annuity on behalf of the in- tion thereof, to any individual who is a par- ACCOUNT ASSETS dividual. ticipant on the basis of the wages and self- ‘‘SEC. 257. (a) SPLITTING OF ACCOUNT AS- ‘‘(b) MINIMUM ANNUITY DEFINED.—For pur- employment income of such individual or SETS UPON DIVORCE AFTER 1 YEAR OF MAR- poses of this subsection, the term ‘minimum any other individual under part A for any RIAGE.— annuity’ means an annuity that meets the month and provide for the following distribu- ‘‘(1) IN GENERAL.—Upon the divorce of a following requirements: tions from the individual’s social security participating individual for whom a social ‘‘(1) The annuity starting date (as defined personal retirement account (in accordance security personal retirement account has in section 72(c)(4) of the Internal Revenue with regulations which shall be prescribed by been established under this part, from a Code of 1986) commences on the first day of the Board): spouse to whom the participating individual the month beginning after the date of the ‘‘(1) PART A BENEFIT PROVIDES AT LEAST A had been married for at least 1 year, the purchase of the annuity. POVERTY-LEVEL ANNUAL BENEFIT.—If such Board shall direct the appropriate certified ‘‘(2) The terms of the annuity provide for a total amount would be sufficient to purchase account manager to transfer— series of substantially equal annual pay- a minimum annuity, the participating indi- ‘‘(A) from the social security personal re- ments, subject to adjustment as provided in vidual shall elect to have the Executive Di- tirement account of the participating indi- subsection (d), payable monthly to the par- rector provide for the distribution of the bal- vidual, ticipating individual during the life of the ance in the participating individual’s social ‘‘(B) to the social security personal retire- participating individual which are, on an an- security personal retirement account in the ment account of the divorced spouse, nual basis, equal to at least the minimum form of— an amount equal to one-half of the amount annuity amount. ‘‘(A) a lump-sum payment; or of net accruals (including earnings) during ‘‘(c) MINIMUM ANNUITY AMOUNT.—For pur- ‘‘(B) an annuity which meets the require- poses of this subsection, the term ‘minimum the time of the marriage in the social secu- ments of subsection (b) (other than the re- annuity amount’ means an amount equal to rity personal retirement account of the par- quirement that the annuity provides for pay- 100 percent of the poverty line for an indi- ticipating individual. ments which, on an annual basis, are equal vidual (determined under the poverty guide- ‘‘(2) TREATMENT OF DIVORCED SPOUSE WHO IS to at least the minimum annuity amount), lines of the Department of Health and NOT A PARTICIPATING INDIVIDUAL.—In the case the terms of which provide for a monthly Human Services issued under sections 652 of a divorced spouse referred to in paragraph payment equal to the maximum amount that and 673(2) of the Omnibus Budget Reconcili- (1) who, as of the time of the divorce, is not such account can fund. ation Act of 1981). a participating individual and for whom a so- ‘‘(2) PART A BENEFIT COMBINED WITH AC- ‘‘(d) COST OF LIVING ADJUSTMENT.—The cial security personal retirement account COUNT BALANCE PROVIDES AT LEAST A POV- terms of any annuity described in subsection has not been established— ERTY-LEVEL BENEFIT.— (b) shall include provision for increases in ‘‘(A) the divorced spouse shall be deemed a ‘‘(A) IN GENERAL.—If such total amount the monthly annuity amounts thereunder participating individual for purposes of this when combined with all or a portion of the determined in the same manner and at the part, and

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7306 CONGRESSIONAL RECORD — SENATE June 23, 2005 ‘‘(B) the Board shall establish a social se- that remain after applying paragraph (1) for dent and to the appropriate committees of curity personal retirement account for the each of the first five fiscal years that end Congress an annual budget of the expenses divorced spouse and shall direct the appro- after the date of the enactment of this part, and other items relating to the Board which priate certified account manager to perform there are authorized to be appropriated such shall be included as a separate item in the the such transfer. sums as may be necessary for each of such budget required to be transmitted to the ‘‘(3) PREEMPTION.—The provisions of this fiscal years. Congress under section 1105 of title 31, subsection shall supersede any provision of ‘‘ADMINISTRATION OF THE PROGRAM United States Code. The Board shall provide law of any State or political subdivision ‘‘SEC. 258. (a) GENERAL PROVISIONS.— for low administrative costs such that, to thereof which is inconsistent with the re- ‘‘(1) ESTABLISHMENT AND DUTIES OF THE SO- the extent practicable, overall administra- quirements of this subsection. CIAL SECURITY PERSONAL SAVINGS BOARD.— tive costs of the Program do not exceed 30 basis points in relation to assets under man- ‘‘(b) CLOSING OF ACCOUNT UPON THE DEATH ‘‘(A) ESTABLISHMENT.—There is established OF THE PARTICIPATING INDIVIDUAL.— within the Social Security Administration a agement under the Program. ‘‘(1) IN GENERAL.—Upon the death of a par- Social Security Personal Savings Board. ‘‘(iii) ADDITIONAL AUTHORITIES OF THE ticipating individual, the Executive Director BOARD.—The Board may— ‘‘(B) NUMBER AND APPOINTMENT.—The shall close out any remaining balance in the Board shall be composed of 6 members as fol- ‘‘(I) adopt, alter, and use a seal; ‘‘(II) establish policies with which the participating individual’s social security lows: Commissioner shall comply under this part; personal retirement account. In closing out ‘‘(i) two members appointed by the Presi- ‘‘(III) appoint and remove the Executive the account, the Executive Director shall dent who may not be of the same political Director, as provided in paragraph (2); and certify to the certified account manager the party; ‘‘(IV) beginning with 2008, provide for such amount of the account assets, and, upon re- ‘‘(ii) one member appointed by the Speaker additional and alternative investment op- ceipt of such certification, the certified ac- of the House of Representatives, in consulta- tions for participating individuals as the count manager shall transfer from such ac- tion with the Chairman of the Committee on Board determines would be prudent sources count an amount equal to such certified Ways and Means of the House of Representa- of retirement income that would yield great- amount to the Secretary of the Treasury for tives; subsequent transfer to— er amounts of retirement income than the ‘‘(iii) one member appointed by the minor- investment described in section 255(c)(1). ‘‘(A) the social security personal retire- ity leader of the House of Representatives, in ‘‘(iv) INDEPENDENCE OF CERTIFIED ACCOUNT ment account of the surviving spouse of such consultation with the ranking member of the participating individual, MANAGERS.—The policies of the Board may Committee on Ways and Means of the House not require a certified account manager to ‘‘(B) if there is no such surviving spouse, to of Representatives; such other person as may be designated by invest or to cause to be invested any account ‘‘(iv) one member appointed by the major- assets in a specific asset or to dispose of or the participating individual in accordance ity leader of the Senate, in consultation with with regulations which shall be prescribed by cause to be disposed of any specific asset so the Chairman of the Committee on Finance held. the Board, or of the Senate; and ‘‘(C) if there is no such designated person, ‘‘(v) MEETINGS OF THE BOARD.—The Board ‘‘(v) one member appointed by the minor- shall meet at the call of the Chairman or to the estate of such participating indi- ity leader of the Senate, in consultation with vidual. upon the request of a quorum of the Board. the ranking member of the Committee on Fi- The Board shall perform the functions and ‘‘(2) TREATMENT OF SURVIVING SPOUSE WHO nance of the Senate. IS NOT A PARTICIPATING INDIVIDUAL.—In the exercise the powers of the Board on a major- ‘‘(C) ADVICE AND CONSENT.—Appointments case of a surviving spouse referred to in ity vote of a quorum of the Board. Four under this paragraph shall be made by and members of the Board shall constitute a paragraph (1) who, as of the time of the with the advice and consent of the Senate. death of the participating individual, is not quorum for the transaction of business. ‘‘(D) MEMBERSHIP REQUIREMENTS.—Mem- ‘‘(vi) COMPENSATION OF BOARD MEMBERS.— a participating individual and for whom a so- bers of the Board shall have substantial ex- cial security personal retirement account ‘‘(I) IN GENERAL.—Each member of the perience, training, and expertise in the man- Board who is not an officer or employee of has not been established— agement of financial investments and pen- ‘‘(A) the surviving spouse shall be deemed the Federal Government shall be com- sion benefit plans. pensated at the daily rate of basic pay for a participating individual for purposes of ‘‘(E) TERMS.— level IV of the Executive Schedule for each this part, and ‘‘(i) IN GENERAL.—Each member shall be day during which such member is engaged in ‘‘(B) the Board shall establish a social se- appointed for a term of 4 years, except as performing a function of the Board. Any curity personal retirement account for the provided in clauses (ii) and (iii). The initial member who is such an officer or employee surviving spouse and shall direct the appro- members shall be appointed not later than 90 shall not suffer any loss of pay or deduction priate certified account manager to perform days after the date of the enactment of this from annual leave on the basis of any time the such transfer. section. used by such member in performing such a ‘‘(c) CLOSING OF ACCOUNT OF PARTICIPATING ‘‘(ii) TERMS OF INITIAL APPOINTEES.—Of the function. INDIVIDUALS WHO ARE INELIGIBLE FOR BENE- members first appointed under each clause of ‘‘(II) TRAVEL, PER DIEM, AND EXPENSES.—A FITS UPON ATTAINING RETIREMENT AGE.—In subparagraph (B), one of the members ap- any case in which, as of the date on which a member of the Board shall be paid travel, per participating individual attains retirement pointed under subparagraph (B)(i) (as des- diem, and other necessary expenses under age (as defined in section 216(l)), such indi- ignated by the President at the time of ap- subchapter I of chapter 57 of title 5, United vidual is not eligible for an old-age insurance pointment) and the members appointed States Code, while traveling away from such benefit under section 202(a), the Commis- under clauses (iii) and (v) of subparagraph member’s home or regular place of business sioner shall so certify to the Executive Di- (B) shall be appointed for a term of 2 years, in the performance of the duties of the rector and, upon receipt of such certifi- and the remaining members shall be ap- Board. cation, the Executive Director shall close pointed for a term of 4 years. ‘‘(vii) STANDARD FOR BOARD’S DISCHARGE OF out the participating individual’s social se- ‘‘(iii) VACANCIES.—Any member appointed RESPONSIBILITIES.—The members of the curity personal retirement account. In clos- to fill a vacancy occurring before the expira- Board shall discharge their responsibilities ing out the account, the Executive Director tion of the term for which the member’s solely in the interest of participating indi- shall certify to the certified account man- predecessor was appointed shall be appointed viduals and the Program. ager the amount of the account assets, and only for the remainder of that term. A mem- ‘‘(viii) ANNUAL REPORT.—The Board shall upon receipt of such certification from the ber may serve after the expiration of that submit an annual report to the President, to Executive Director, the account manager member’s term until a successor has taken each House of the Congress, and to the Board shall transfer from such account an amount office. A vacancy in the Board shall be filled of Trustees of the Federal Old-Age and Sur- equal to such certified amount to the Sec- in the manner in which the original appoint- vivors Insurance Trust Fund and the Federal retary of the Treasury for subsequent trans- ment was made. Disability Insurance Trust Fund regarding fer to the participating individual. ‘‘(F) POWERS AND DUTIES OF THE BOARD.— the financial and operating condition of the ‘‘(d) ADMINISTRATIVE EXPENSES.— ‘‘(i) IN GENERAL.—The Board shall have Program. ‘‘(1) IN GENERAL.—Under regulations which powers and duties solely as provided in this ‘‘(ix) PUBLIC ACCOUNTANT.— shall be prescribed by the Board, account as- part. The Board shall prescribe by regulation ‘‘(I) DEFINITION.—For purposes of this sub- sets are available in accordance with section the terms of the Social Security Personal paragraph, the term ‘qualified public ac- 254(b)(2)(D)(ii) for payment of the reasonable Retirement Accounts Program established countant’ shall have the same meaning as administrative costs of the Program (includ- under this part, including policies for invest- provided in section 103(a)(3)(D) of the Em- ing reasonable administration fees charged ment under the Program of account assets, ployee Retirement Income Security Act of by certified account managers under the and policies for the certification and decerti- 1974 (29 U.S.C. 1023(a)(3)(D)). Program), but in no event to exceed 30 basis fication of account managers under the Pro- ‘‘(II) ENGAGEMENT.—The Executive Direc- points per year of the assets under manage- gram, which shall include consideration of tor, in consultation with the Board, shall an- ment. the appropriateness of the marketing mate- nually engage, on behalf of all individuals ‘‘(2) TEMPORARY AUTHORIZATION OF APPRO- rials and plans of such person. for whom a social security personal retire- PRIATIONS FOR STARTUP ADMINISTRATIVE ‘‘(ii) BUDGETARY REQUIREMENTS.—The ment account is established under this part, COSTS.—For any such administrative costs Board shall prepare and submit to the Presi- an independent qualified public accountant,

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7307 who shall conduct an examination of all ‘‘(A) prescribe such regulations (supple- by the Board. The Board shall issue regula- records maintained in the administration of mentary to and consistent with the regula- tions with respect to the investigative au- this part that the public accountant con- tions prescribed by the Board and the Execu- thority of appropriate Federal agencies in siders necessary. tive Director) as may be necessary for car- cases involving account assets. ‘‘(III) DUTIES.—The public accountant con- rying out the duties of the Commissioner ‘‘(2) EXCULPATORY PROVISIONS VOIDED.—Any ducting an examination under clause (ii) under this part, provision in an agreement or instrument shall determine whether the records referred ‘‘(B) meet from time to time with, and pro- which purports to relieve a fiduciary from to in such clause have been maintained in vide information to, the Board upon request responsibility or liability for any responsi- conformity with generally accepted account- of the Board regarding matters relating to bility, obligation, or duty under this part ing principles. The public accountant shall the Social Security Personal Retirement Ac- shall be void. transmit to the Board a report on his exam- counts Program, and ‘‘(d) CIVIL ACTIONS BY BOARD.—If any per- ination. ‘‘(C) in consultation with the Board and son fails to meet any requirement of this ‘‘(IV) RELIANCE ON CERTIFIED ACTUARIAL utilizing available Federal agencies and re- part or of any contract entered into under MATTERS.—In making a determination under sources, develop a campaign to educate this part, the Board may bring a civil action clause (iii), a public accountant may rely on workers about the Program. in any district court of the United States ‘‘(b) CERTIFICATION AND OVERSIGHT OF AC- the correctness of any actuarial matter cer- within the jurisdiction of which such per- COUNT MANAGERS.— tified by an enrolled actuary if the public ac- son’s assets are located or in which such per- ‘‘(1) CERTIFICATION BY THE BOARD.— countant states his reliance in the report son resides or is found, without regard to the ‘‘(A) IN GENERAL.—Any person that is a transmitted to the Board under such clause. amount in controversy, for appropriate relief qualified professional asset manager (as de- ‘‘(2) EXECUTIVE DIRECTOR.— to redress the violation or enforce the provi- fined in section 8438(a)(8) of title 5, United sions of this part, and process in such an ac- ‘‘(A) APPOINTMENT AND REMOVAL.—The States Code) may apply to the Board (in such Board shall appoint, without regard to the tion may be served in any district. form and manner as shall be provided by the ‘‘(e) PREEMPTION OF INCONSISTENT STATE provisions of law governing appointments in Board by regulation) for certification under LAW.—A provision of this part shall not be the competitive service, an Executive Direc- this subsection as a certified account man- construed to preempt any provision of the tor by action agreed to by a majority of the ager. In making certification decisions, the law of any State or political subdivision members of the Board. The Executive Direc- Board shall consider the applicant’s general thereof, or prevent a State or political sub- tor shall have substantial experience, train- character and fitness, financial history and division thereof from enacting any provision ing, and expertise in the management of fi- future earnings prospects, and ability to of law with respect to the subject matter of nancial investments and pension benefit serve participating individuals under the this part, except to the extent that such pro- plans. The Board may, with the concurrence Program, and such other criteria as the vision of State law is inconsistent with this of 4 members of the Board, remove the Exec- Board deems necessary to carry out this part, and then only to the extent of the in- utive Director from office for good cause part. Certification of any person under this consistency.’’. shown. subsection shall be contingent upon entry (b) CONFORMING AMENDMENT TO PART A.— ‘‘(B) POWERS AND DUTIES OF EXECUTIVE DI- into a contractual arrangement between the Section 202 of such Act (42 U.S.C. 402) is RECTOR.—The Executive Director shall— Board and such person. amended by adding at the end the following ‘‘(i) carry out the policies established by ‘‘(B) NONDELEGATION REQUIREMENT.—The new subsection: the Board, authority of the Board to make any deter- ‘‘Adjustments Under Part B ‘‘(ii) administer the provisions of this part mination to deny any application under this in accordance with the policies of the Board, subsection may not be delegated by the ‘‘(z) The amount of benefits under sub- ‘‘(iii) in consultation with the Board, pre- Board. section (a), (b), (c), or (h), subsection (e) or (f) other than on the basis of disability, or scribe such regulations (other than regula- ‘‘(2) OVERSIGHT OF CERTIFIED ACCOUNT MAN- any combination thereof which are otherwise tions relating to fiduciary responsibilities) AGERS.— as may be necessary for the administration ‘‘(A) ROLE OF REGULATORY AGENCIES.—The payable under this part shall be subject to of this part, and Board may enter into cooperative arrange- adjustment as provided under section ‘‘(iv) meet from time to time with the ments with Federal and State regulatory 256(f).’’. (c) ADDITIONAL CONFORMING AMEND- Board upon request of the Board. agencies identified by the Board as having MENTS.—(1) Section 701(b) of the Social Secu- ‘‘(C) ADMINISTRATIVE AUTHORITIES OF EXEC- jurisdiction over persons eligible for certifi- rity Act (42 U.S.C. 901(b)) is amended by UTIVE DIRECTOR.—The Executive Director cation under this subsection so as to ensure striking ‘‘title II’’ and inserting ‘‘part A of may— that the provisions of this part are enforced title II, the Social Security Personal Retire- ‘‘(i) appoint such personnel as may be nec- with respect to certified account managers ment Accounts Program under part B of title essary to carry out the provisions of this in a manner consistent with and supportive II,’’. part, of the requirements of other provisions of (2) Section 702(a)(4) of the Social Security ‘‘(ii) subject to approval by the Board, pro- Federal law applicable to them. Such Fed- Act (42 U.S.C. 902(a)(4)) is amended by insert- cure the services of experts and consultants eral regulatory agencies shall cooperate with ing ‘‘other than those of the Social Security under section 3109 of title 5, United States the Board to the extent that the Board deter- Personal Savings Board’’ after ‘‘Administra- Code, mines that such cooperation is necessary and tion’’, and by striking ‘‘thereof’’ and insert- ‘‘(iii) secure directly from any agency or appropriate to ensure that the provisions of ing ‘‘of the Administration in connection instrumentality of the Federal Government this part are effectively implemented. with the exercise of such powers and the dis- any information which, in the judgment of ‘‘(B) ACCESS TO RECORDS.—The Board may charge of such duties’’. the Executive Director, is necessary to carry from time to time require any certified ac- SEC. 102. ANNUAL ACCOUNT STATEMENTS. out the provisions of this part and the poli- count manager to file such reports as the Section 1143 of the Social Security Act (42 cies of the Board, and which shall be pro- Board may specify by regulation as nec- U.S.C. 1320b0913) is amended by adding at the vided by such agency or instrumentality essary for the administration of this part. In end the following new subsection: upon the request of the Executive Director, prescribing such regulations, the Board shall ‘‘(iv) pay the compensation, per diem, and minimize the regulatory burden imposed ‘‘Performance of Social Security Personal travel expenses of individuals appointed upon certified account managers while tak- Retirement Accounts under clauses (i), (ii), and (v) of this subpara- ing into account the benefit of the informa- ‘‘(d) Beginning not later than 1 year after graph, subject to such limits as may be es- tion to the Board in carrying out its func- the date of the first deposit is made to an eli- tablished by the Board, tions under this part. gible individual’s Social Security personal ‘‘(v) accept and use the services of individ- ‘‘(3) REVOCATION OF CERTIFICATION.—The retirement account, each statement provided uals employed intermittently in the Govern- Board shall provide, in the contractual ar- to such eligible individual under this section ment service and reimburse such individuals rangements entered into under this sub- shall include information determined by the for travel expenses, as authorized by section section with each certified account manager, Social Security Personal Savings Board as 5703 of title 5, United States Code, including for revocation of such person’s status as a sufficient to fully inform such eligible indi- per diem as authorized by section 5702 of certified account manager upon determina- vidual annually of the balance, investment such title, and tion by the Board of such person’s failure to performance, and administrative expenses of ‘‘(vi) except as otherwise expressly prohib- comply with the requirements of such con- such account.’’. ited by law or the policies of the Board, dele- tractual arrangements. Such arrangements TITLE II—TAX TREATMENT gate any of the Executive Director’s func- shall include provision for notice and oppor- SEC. 201. TAX TREATMENT OF SOCIAL SECURITY tions to such employees under the Board as tunity for review of any such revocation. PERSONAL RETIREMENT ACCOUNTS. the Executive Director may designate and ‘‘(c) FIDUCIARY RESPONSIBILITIES.— Section 7701 of the Internal Revenue Code authorize such successive redelegations of ‘‘(1) IN GENERAL.—Rules similar to the pro- of 1986 (relating to definitions) is amended by such functions to such employees under the visions of section 8477 of title 5, United redesignating subsection (o) as subsection (p) Board as the Executive Director may con- States Code (relating to fiduciary respon- and by inserting after subsection (n) the fol- sider to be necessary or appropriate. sibilities; liability and penalties) shall apply lowing new subsection: ‘‘(3) ROLE OF THE COMMISSIONER OF SOCIAL in connection with account assets, in accord- ‘‘(o) TAX TREATMENT OF SOCIAL SECURITY SECURITY.—The Commissioner shall— ance with regulations which shall be issued PERSONAL RETIREMENT ACCOUNTS.—All social

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7308 CONGRESSIONAL RECORD — SENATE June 23, 2005 security personal retirement accounts estab- ance is to a child. Children with un- ed medical services and unable to find lished under part B of title II of the Social treated illnesses are less likely to learn health insurance in the market even if Security Act shall be exempt from taxation and therefore less likely to move out of they could afford it. Today, it is our under this title.’’. poverty. Such children have an inher- Nation’s children who shoulder the SEC. 202. BENEFITS TAXABLE AS SOCIAL SECU- RITY BENEFITS. ent disadvantage when it comes to burden of poverty. Children in America (a) SPECIAL RULES RELATING TO DISTRIBU- being productive members of society. are nearly twice as vulnerable to pov- TION OF CLOSED ACCOUNT UNDER SECTION We can have a positive impact on our erty as adults. It’s time we make a sig- 257(D) OF SOCIAL SECURITY ACT.—Section children’s lives today as well as tomor- nificant investment in the future of 86(a) of such Code (as amended by paragraph row by guaranteeing health insurance America by guaranteeing all children (2)) is amended by adding at the end the fol- coverage for all. Children are inexpen- the health coverage they need to make lowing new paragraph: sive to insure, but the rewards for pro- a healthy start in life. ‘‘(4) EXTENSION OF PARAGRAPH (2)(b) TO DIS- viding them with health care during Congress cannot rest on the success TRIBUTIONS OF CLOSED ACCOUNT UNDER SEC- their early education and development TION 257(d) OF SOCIAL SECURITY ACT.—Not- we achieved by expanding Medicaid and withstanding any other provision of this sub- years are enormous. passing the State Children’s Health In- section, in the case of any amount received Despite the well-documented benefits surance Program (CHIP). Although pursuant to the closing of an account under of providing health insurance coverage each was a remarkable step toward re- section 257(d) of the Social Security Act, for children, there are still over 8 mil- ducing the ranks of the uninsured, par- paragraph (2)(B) shall apply to such lion uninsured children in America. We ticularly uninsured children, we still amounts, and for such purposes the amount can and must do better. Our children have a long way to go. Even with per- allocated to the investment in the contract are our future. No child in this country fect enrollment in CHIP and Medicaid, shall be zero.’’. should ever be without access to health (b) EFFECTIVE DATE.—The amendments there would still be a great number of made by this subsection shall apply to tax- care. This is why I am proud to reintro- children without health insurance. able years beginning after the end of the cal- duce the MediKids Health Insurance What’s more troubling is the fact that endar year in which this Act is enacted. Act of 2005. both Medicaid and CHIP are in serious (c) ESTATE TAX NOT TO APPLY TO ASSETS This legislation is a clear investment jeopardy because of the budget cuts OF SOCIAL SECURITY PERSONAL RETIREMENT in our future—our children. Every being proposed by the current Adminis- ACCOUNTS.— child would be automatically enrolled tration. (1) IN GENERAL.—Part IV of subchapter A of at birth into a new, comprehensive chapter 11 of such Code (relating to taxable It’s long past time to rekindle the estate) is amended by adding at the end the Federal safety net health insurance discussion about how we are going to following new section: program beginning in 2007. The benefits provide health insurance for all Ameri- ‘‘SEC. 2059. SOCIAL SECURITY PERSONAL RETIRE- would be tailored to meet the needs of cans. The bill we are introducing MENT ACCOUNTS. children and would be similar to those today—the MediKids Health Insurance ‘‘For purposes of the tax imposed by sec- currently available to children through Act of 2005—is a step toward elimi- tion 2001, the value of the taxable estate the Medicaid Early and Periodic nating the irrational and tragic lack of shall be determined by deducting from the Screening, Diagnosis, and Treatment value of the gross estate an amount equal to health insurance for so many children the value of the assets of a social security (EPSDT) program. Families below 150 and adults in our country. I urge my personal retirement account transferred percent of poverty would have no pre- colleagues to move beyond partisan from such account by the Secretary under miums or co-payments, and there politics and to support this critical section 257 of the Social Security Act.’’. would be no cost sharing for preventive step toward universal coverage. (2) CLERICAL AMENDMENT.—The table of or well-child visits for any child. I ask unanimous consent that the sections for part IV of subchapter A of chap- MediKids children would remain en- text of the bill be printed in the ter 11 of such Code is amended by adding at rolled in the program throughout the end the following new item: RECORD. childhood. When families move to an- There being no objection, the bill was ‘‘Sec. 2059. Social security personal retire- other state, Medikids would be avail- ment accounts’’. ordered to be printed in the RECORD, as able until parents can enroll their chil- follows: (3) EFFECTIVE DATE.—The amendments dren in a new insurance program. Be- S. 1303 made by this subsection shall apply to dece- tween jobs or during family crises, dents dying in or after the calendar year in Medikids would offer extra security Be it enacted by the Senate and House of Rep- which this Act is enacted. resentatives of the United States of America in and ensure continuous health coverage Congress assembled, to our Nation’s children. During that By Mr. ROCKEFELLER (for him- SECTION 1. SHORT TITLE; TABLE OF CONTENTS; self, Mr. REED, Mr. LAUTEN- critical period when a family is just FINDINGS. BERG, Mr. CORZINE, Mr. SAR- climbing out of poverty and out of the (a) SHORT TITLE.—This Act may be cited as BANES, and Mr. KERRY): eligibility range for means-tested as- the ‘‘MediKids Health Insurance Act of 2005’’. S. 1303. A bill to amend the Social Se- sistance programs, MediKids would fill (b) TABLE OF CONTENTS.—The table of con- curity Act to guarantee comprehensive in the gaps until the parents can move tents of this Act is as follows: health care coverage for all children into jobs that provide reliable health Sec. 1. Short title; table of contents; find- born after 2006; to the Committee on insurance coverage. The key to our ings Finance. program is that whenever other Sec. 2. Benefits for all children born after Mr. ROCKEFELLER. Mr. President, I sources of health insurance fail, 2006 rise today with my friends and col- MediKids would stand ready to cover ‘‘TITLE XXII—MEDIKIDS PROGRAM leagues—Senators REED, LAUTENBERG, the health needs of our next genera- ‘‘Sec. 2201. Eligibility CORZINE, SARBANES, and KERRY—to in- tion. Ultimately, every child in Amer- ‘‘Sec. 2202. Benefits troduce an important piece of legisla- ica would be able to grow up with con- ‘‘Sec. 2203. Premiums ‘‘Sec. 2204. MediKids Trust Fund tion, the MediKids Health Insurance sistent, continuous health insurance ‘‘Sec. 2205. Oversight and accountability Act of 2005. This legislation will pro- coverage. ‘‘Sec. 2206. Inclusion of care coordina- vide health insurance for every child in Like Medicare, MediKids would be tion services the United States by 2012, regardless of independently financed, would cover ‘‘Sec. 2207. Administration and miscella- family income. My long-time friend benefits tailored to the needs of its tar- neous from California, Congressman STARK, get population, and would have the Sec. 3. MediKids premium is introducing a companion bill in the goal of achieving nearly 100 percent Sec. 4. Refundable credit for cost-sharing House. He has worked tirelessly to im- health insurance coverage for the chil- expenses under MediKids pro- dren of this country—just as Medicare gram prove access to health care for all Sec. 5. Report on long-term revenues Americans, and I am pleased to be join- has done for our Nation’s seniors and disabled population over its 40-year (c) FINDINGS.—Congress finds the following: ing him once again to advocate on be- (1) More than 9 million American children half of America’s children. history. At the time we created Medi- are uninsured. We have introduced this legislation care, seniors were more likely to be (2) Children who are uninsured receive less in each of the last three Congresses be- living in poverty than any other age medical care and less preventive care and cause we know how vital health insur- group. Most were unable to afford need- have a poorer level of health, which result in

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lifetime costs to themselves and to the en- UNDER 23 YEARS OF AGE IN FIFTH YEAR.—An enrollment under such subsection, the first tire American economy. individual who meets the following require- day of the following month. (3) Although SCHIP and Medicaid are suc- ments with respect to a month is eligible to ‘‘(2) AUTHORITY TO PROVIDE FOR PARTIAL cessfully extending a health coverage safety enroll under this title with respect to such MONTHS OF COVERAGE.—Under regulations, net to a growing portion of the vulnerable month: the Secretary may, in the Secretary’s discre- low-income population of uninsured chil- ‘‘(1) AGE.— tion, provide for coverage periods that in- dren, they alone cannot achieve 100 percent ‘‘(A) FIRST YEAR.—As of the first day of the clude portions of a month in order to avoid health insurance coverage for our nation’s first year in which this title is effective, the lapses of coverage. children due to inevitable gaps during out- individual has not attained 6 years of age. ‘‘(3) LIMITATION ON PAYMENTS.—No pay- reach and enrollment, fluctuations in eligi- ‘‘(B) SECOND YEAR.—As of the first day of ments may be made under this title with re- bility, variations in access to private insur- the second year in which this title is effec- spect to the expenses of an individual en- ance at all income levels, and variations in tive, the individual has not attained 11 years rolled under this title unless such expenses States’ ability to provide required matching of age. were incurred by such individual during a pe- funds. ‘‘(C) THIRD YEAR.—As of the first day of the riod which, with respect to the individual, is (4) As all segments of society continue to third year in which this title is effective, the a coverage period under this section. become more transient, with many changes individual has not attained 16 years of age. ‘‘(d) EXPIRATION OF ELIGIBILITY.—An indi- in employment over the working lifetime of ‘‘(D) FOURTH YEAR.—As of the first day of vidual’s coverage period under this section parents, the need for a reliable safety net of the fourth year in which this title is effec- shall continue until the individual’s enroll- health insurance which follows children tive, the individual has not attained 21 years ment has been terminated because the indi- across State lines, already a major problem of age. vidual no longer meets the requirements of for the children of migrant and seasonal ‘‘(E) FIFTH AND SUBSEQUENT YEARS.—As of subsection (a) (whether because of age or farmworkers, will become a major concern the first day of the fifth year in which this change in immigration status). for all families in the United States. title is effective and each subsequent year, ‘‘(e) ENTITLEMENT TO MEDIKIDS BENEFITS (5) The medicare program has successfully the individual has not attained 23 years of FOR ENROLLED INDIVIDUALS.—An individual evolved over the years to provide a stable, age. enrolled under this title is entitled to the universal source of health insurance for the ‘‘(2) CITIZENSHIP.—The individual is a cit- benefits described in section 2202. nation’s disabled and those over age 65, and izen or national of the United States or is ‘‘(f) LOW-INCOME INFORMATION.— provides a tested model for designing a pro- permanently residing in the United States ‘‘(1) INQUIRY OF INCOME.—At the time of en- gram to reach out to America’s children. under color of law. rollment of a child under this title, the Sec- (6) The problem of insuring 100 percent of ‘‘(b) ENROLLMENT PROCESS.—An individual retary shall make an inquiry as to whether all American children could be gradually may enroll in the program established under the family income (as determined for pur- solved by automatically enrolling all chil- this title only in such manner and form as poses of section 1905(p)) of the family that in- dren born after December 31, 2006, in a pro- may be prescribed by regulations, and only cludes the child is within any of the fol- gram modeled after Medicare (and to be during an enrollment period prescribed by lowing income ranges: known as ‘‘MediKids’’), and allowing those the Secretary consistent with the provisions ‘‘(A) UP TO 150 PERCENT OF POVERTY.—The children to be transferred into other equiva- of this section. Such regulations shall pro- income of the family does not exceed 150 per- lent or better insurance programs, including vide a process under which— cent of the poverty line for a family of the either private insurance, SCHIP, or Med- ‘‘(1) individuals who are born in the United size involved. icaid, if they are eligible to do so, but main- States after December 31, 2006, are deemed to ‘‘(B) BETWEEN 150 AND 200 PERCENT OF POV- taining the child’s default enrollment in be enrolled at the time of birth and a parent ERTY.—The income of the family exceeds 150 MediKids for any times when the child’s ac- or guardian of such an individual is per- percent, but does not exceed 200 percent, of cess to other sources of insurance is lost. mitted to pre-enroll in the month prior to such poverty line. (7) A family’s freedom of choice to use the expected month of birth; ‘‘(C) BETWEEN 200 AND 300 PERCENT OF POV- other insurers to cover children would not be ‘‘(2) individuals who are born outside the ERTY.—The income of the family exceeds 200 interfered with in any way, and children eli- United States after such date and who be- percent, but does not exceed 300 percent, of gible for SCHIP and Medicaid would con- come eligible to enroll by virtue of immigra- such poverty line. tinue to be enrolled in those programs, but tion into (or an adjustment of immigration ‘‘(2) CODING.—If the family income is with- the underlying safety net of MediKids would status in) the United States are deemed en- in a range described in paragraph (1), the always be available to cover any gaps in in- rolled at the time of entry or adjustment of Secretary shall encode in the identification surance due to changes in medical condition, status; card issued in connection with eligibility employment, income, or marital status, or ‘‘(3) eligible individuals may otherwise be under this title a code indicating the range other changes affecting a child’s access to al- enrolled at such other times and manner as applicable to the family of the child in- ternate forms of insurance. the Secretary shall specify, including the use volved. (8) The MediKids program can be adminis- of outstationed eligibility sites as described ‘‘(3) PROVIDER VERIFICATION THROUGH ELEC- tered without impacting the finances or sta- in section 1902(a)(55)(A) and the use of pre- TRONIC SYSTEM.—The Secretary also shall tus of the existing Medicare program. sumptive eligibility provisions like those de- provide for an electronic system through (9) The MediKids benefit package can be scribed in section 1920A; and which providers may verify which income tailored to the special needs of children and ‘‘(4) at the time of automatic enrollment of range described in paragraph (1), if any, is updated over time. a child, the Secretary provides for issuance applicable to the family of the child in- (10) The financing of the program can be to a parent or custodian of the individual a volved. administered without difficulty by a yearly card evidencing coverage under this title and payment of affordable premiums through a for a description of such coverage. ‘‘(g) CONSTRUCTION.—Nothing in this title family’s tax filing (or adjustment of a fam- shall be construed as requiring (or pre- The provisions of section 1837(h) apply with venting) an individual who is enrolled under ily’s earned income tax credit). respect to enrollment under this title in the (11) The cost of the program will gradually this title from seeking medical assistance same manner as they apply to enrollment under a State medicaid plan under title XIX rise as the number of children using under part B of title XVIII. An individual MediKids as the insurer of last resort in- or child health assistance under a State who is enrolled under this title is not eligible child health plan under title XXI. creases, and a future Congress always can ac- to be enrolled under an MA or MA-PD plan celerate or slow down the enrollment process under part C of title XVIII. ‘‘SEC. 2202. BENEFITS. as desired, while the societal costs for emer- ‘‘(c) DATE COVERAGE BEGINS.— ‘‘(a) SECRETARIAL SPECIFICATION OF BEN- gency room usage, lost productivity and ‘‘(1) IN GENERAL.—The period during which EFIT PACKAGE.— work days, and poor health status for the an individual is entitled to benefits under ‘‘(1) IN GENERAL.—The Secretary shall next generation of Americans will decline. this title shall begin as follows, but in no specify the benefits to be made available (12) Over time 100 percent of American case earlier than January 1, 2007: under this title consistent with the provi- children will always have basic health insur- ‘‘(A) In the case of an individual who is en- sions of this section and in a manner de- ance, and we can therefore expect a rolled under paragraph (1) or (2) of sub- signed to meet the health needs of enrollees. healthier, more equitable, and more produc- section (b), the date of birth or date of ob- ‘‘(2) UPDATING.—The Secretary shall up- tive society. taining appropriate citizenship or immigra- date the specification of benefits over time SEC. 2. BENEFITS FOR ALL CHILDREN BORN tion status, as the case may be. to ensure the inclusion of age-appropriate AFTER 2006. ‘‘(B) In the case of another individual who benefits to reflect the enrollee population. (a) IN GENERAL.—The Social Security Act enrolls (including pre-enrolls) before the ‘‘(3) ANNUAL UPDATING.—The Secretary is amended by adding at the end the fol- month in which the individual satisfies eligi- shall establish procedures for the annual re- lowing new title: bility for enrollment under subsection (a), view and updating of such benefits to ac- ‘‘TITLE XXII—MEDIKIDS PROGRAM the first day of such month of eligibility. count for changes in medical practice, new ‘‘SEC. 2201. ELIGIBILITY. ‘‘(C) In the case of another individual who information from medical research, and ‘‘(a) ELIGIBILITY OF INDIVIDUALS BORN enrolls during or after the month in which other relevant developments in health AFTER DECEMBER 31, 2006; ALL CHILDREN the individual first satisfies eligibility for science.

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‘‘(4) INPUT.—The Secretary shall seek the of such title). In the case of individuals en- ferred to as the ‘Trust Fund’). The Trust input of the pediatric community in speci- rolled under this title in such a plan, the Fund shall consist of such gifts and bequests fying and updating such benefits. payment rate shall be based on payment as may be made as provided in section ‘‘(5) LIMITATION ON UPDATING.—In no case rates provided for under section 1853(c) in ef- 201(i)(1) and such amounts as may be depos- shall updating of benefits under this sub- fect before the date of the enactment of the ited in, or appropriated to, such fund as pro- section result in a failure to provide benefits Medicare Prescription Drug, Modernization, vided in this title. required under subsection (b). and Improvement Act of 2003 (Public Law ‘‘(2) PREMIUMS.—Premiums collected under ‘‘(b) INCLUSION OF CERTAIN BENEFITS.— 108-173), except that such payment rates section 59B of the Internal Revenue Code of ‘‘(1) MEDICARE CORE BENEFITS.—Such bene- shall be adjusted in an appropriate manner 1986 shall be periodically transferred to the fits shall include (to the extent consistent to reflect differences between the population Trust Fund. with other provisions of this section) at least served under this title and the population ‘‘(3) TRANSITIONAL FUNDING BEFORE RECEIPT the same benefits (including coverage, ac- under title XVIII. OF PREMIUMS.—In order to provide for funds cess, availability, duration, and beneficiary ‘‘SEC. 2203. PREMIUMS. in the Trust Fund to cover expenditures rights) that are available under parts A and ‘‘(a) AMOUNT OF MONTHLY PREMIUMS.— from the fund in advance of receipt of pre- B of title XVIII. ‘‘(1) IN GENERAL.—The Secretary shall, dur- miums under section 2203, there are trans- ‘‘(2) ALL REQUIRED MEDICAID BENEFITS.— ing September of each year (beginning with ferred to the Trust Fund from the general Such benefits shall also include all items and 2006), establish a monthly MediKids premium fund of the United States Treasury such services for which medical assistance is re- for the following year. Subject to paragraph amounts as may be necessary. ‘‘(b) INCORPORATION OF PROVISIONS.— quired to be provided under section (2), the monthly MediKids premium for a ‘‘(1) IN GENERAL.—Subject to paragraph (2), 1902(a)(10)(A) to individuals described in such year is equal to 1⁄12 of the annual premium subsection (b) (other than the last sentence) section, including early and periodic screen- rate computed under subsection (b). and subsections (c) through (i) of section 1841 ing, diagnostic services, and treatment serv- ‘‘(2) ELIMINATION OF MONTHLY PREMIUM FOR shall apply with respect to the Trust Fund ices. DEMONSTRATION OF EQUIVALENT COVERAGE (IN- and this title in the same manner as they ‘‘(3) INCLUSION OF PRESCRIPTION DRUGS.— CLUDING COVERAGE UNDER LOW-INCOME PRO- apply with respect to the Federal Supple- Such benefits also shall include (as specified GRAMS).—The amount of the monthly pre- mentary Medical Insurance Trust Fund and by the Secretary) benefits for prescription mium imposed under this section for an indi- part B, respectively. drugs and biologicals which are not less than vidual for a month shall be zero in the case ‘‘(2) MISCELLANEOUS REFERENCES.—In ap- the benefits for such drugs and biologicals of an individual who demonstrates to the plying provisions of section 1841 under para- under the standard option for the service satisfaction of the Secretary that the indi- graph (1)— benefit plan described in section 8903(1) of vidual has basic health insurance coverage ‘‘(A) any reference in such section to ‘this title 5, United States Code, offered during for that month. For purposes of the previous part’ is construed to refer to title XXII; 2005. sentence enrollment in a medicaid plan ‘‘(B) any reference in section 1841(h) to sec- ‘‘(4) COST-SHARING.— under title XIX, a State child health insur- tion 1840(d) and in section 1841(i) to sections ‘‘(A) IN GENERAL.—Subject to subparagraph ance plan under title XXI, or under the medi- 1840(b)(1) and 1842(g) are deemed references (B), such benefits also shall include the cost- care program under title XVIII is deemed to to comparable authority exercised under this sharing (in the form of deductibles, coinsur- constitute basic health insurance coverage title; ance, and copayments) which is substan- described in such sentence. ‘‘(C) payments may be made under section tially similar to such cost-sharing under the ‘‘(b) ANNUAL PREMIUM.— 1841(g) to the Trust Funds under sections health benefits coverage in any of the four ‘‘(1) NATIONAL PER CAPITA AVERAGE.—The largest health benefits plans (determined by Secretary shall estimate the average, annual 1817 and 1841 as reimbursement to such funds enrollment) offered under chapter 89 of title per capita amount that would be payable for payments they made for benefits pro- 5, United States Code, and including an out- under this title with respect to individuals vided under this title; and of-pocket limit for catastrophic expenditures residing in the United States who meet the ‘‘(D) the Board of Trustees of the MediKids for covered benefits, except that no cost- requirement of section 2201(a)(1) as if all Trust Fund shall be the same as the Board of sharing shall be imposed with respect to such individuals were eligible for (and en- Trustees of the Federal Supplementary Med- early and periodic screening and diagnostic rolled) under this title during the entire year ical Insurance Trust Fund. services included under paragraph (2). (and assuming that section 1862(b)(2)(A)(i) ‘‘SEC. 2205. OVERSIGHT AND ACCOUNTABILITY. ‘‘(B) REDUCED COST-SHARING FOR LOW IN- did not apply). ‘‘(a) PERIODIC GAO REPORTS.—The Comp- troller General of the United States shall pe- COME CHILDREN.—Such benefits shall provide ‘‘(2) ANNUAL PREMIUM.—Subject to sub- riodically submit to Congress reports on the that— section (d), the annual premium under this operation of the program under this title, in- ‘‘(i) there shall be no cost-sharing for chil- subsection for months in a year is equal to 25 cluding on the financing of coverage pro- dren in families the income of which is with- percent of the average, annual per capita vided under this title. in the range described in section 2201(f)(1)(A); amount estimated under paragraph (1) for ‘‘(ii) the cost-sharing otherwise applicable ‘‘(b) PERIODIC MEDPAC REPORTS.—The the year. Medicare Payment Advisory Commission shall be reduced by 75 percent for children in ‘‘(c) PAYMENT OF MONTHLY PREMIUM.— families the income of which is within the shall periodically report to Congress con- ‘‘(1) PERIOD OF PAYMENT.—In the case of an cerning the program under this title. range described in section 2201(f)(1)(B); or individual who participates in the program ‘‘(iii) the cost-sharing otherwise applicable ‘‘SEC. 2206. INCLUSION OF CARE COORDINATION established by this title, subject to sub- SERVICES. shall be reduced by 50 percent for children in section (d), the monthly premium shall be ‘‘(a) IN GENERAL.— families the income of which is within the payable for the period commencing with the ‘‘(1) PROGRAM AUTHORITY.—The Secretary, range described in section 2201(f)(1)(C). first month of the individual’s coverage pe- beginning in 2007, may implement a care co- ‘‘(C) CATASTROPHIC LIMIT ON COST-SHAR- riod and ending with the month in which the ordination services program in accordance ING.—For a refundable credit for cost-sharing individual’s coverage under this title termi- with the provisions of this section under in the case of cost-sharing in excess of a per- nates. which, in appropriate circumstances, eligible centage of the individual’s adjusted gross in- ‘‘(2) COLLECTION THROUGH TAX RETURN.— individuals under section 2201 may elect to come, see section 36 of the Internal Revenue For provisions providing for the payment of have health care services covered under this Code of 1986. monthly premiums under this subsection, title managed and coordinated by a des- ‘‘(c) PAYMENT SCHEDULE.—The Secretary, see section 59B of the Internal Revenue Code with the assistance of the Medicare Payment ignated care coordinator. of 1986. ‘‘(2) ADMINISTRATION BY CONTRACT.—The Advisory Commission, shall develop and im- ‘‘(3) PROTECTIONS AGAINST FRAUD AND plement a payment schedule for benefits cov- Secretary may administer the program ABUSE.—The Secretary shall develop, in co- ered under this title. To the extent feasible, under this section through a contract with ordination with States and other health in- an appropriate program administrator. such payment schedule shall be consistent surance issuers, administrative systems to with comparable payment schedules and re- ‘‘(3) COVERAGE.—Care coordination services ensure that claims which are submitted to imbursement methodologies applied under furnished in accordance with this section more than one payor are coordinated and du- parts A and B of title XVIII. shall be treated under this title as if they plicate payments are not made. ‘‘(d) INPUT.—The Secretary shall specify were included in the definition of medical such benefits and payment schedules only ‘‘(d) REDUCTION IN PREMIUM FOR CERTAIN and other health services under section after obtaining input from appropriate child LOW-INCOME FAMILIES.—For provisions re- 1861(s) and benefits shall be available under health providers and experts. ducing the premium under this section for this title with respect to such services with- ‘‘(e) ENROLLMENT IN HEALTH PLANS.—The certain low-income families, see section out the application of any deductible or coin- Secretary shall provide for the offering of 59B(d) of the Internal Revenue Code of 1986. surance. benefits under this title through enrollment ‘‘SEC. 2204. MEDIKIDS TRUST FUND. ‘‘(b) ELIGIBILITY CRITERIA; IDENTIFICATION in a health benefit plan that meets the same ‘‘(a) ESTABLISHMENT OF TRUST FUND.— AND NOTIFICATION OF ELIGIBLE INDIVIDUALS.— (or similar) requirements as the require- ‘‘(1) IN GENERAL.—There is hereby created ‘‘(1) INDIVIDUAL ELIGIBILITY CRITERIA.—The ments that apply to Medicare Advantage on the books of the Treasury of the United Secretary shall specify criteria to be used in plans under part C of title XVIII (other than States a trust fund to be known as the making a determination as to whether an in- any such requirements that relate to part D ‘MediKids Trust Fund’ (in this section re- dividual may appropriately be enrolled in

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7311

the care coordination services program group practices, or other health care profes- (b) CONFORMING AMENDMENTS TO SOCIAL SE- under this section, which shall include at sionals or entities the Secretary may find CURITY ACT PROVISIONS.— least a finding by the Secretary that for co- appropriate) meeting such conditions as the (1) Section 201(i)(1) of the Social Security horts of individuals with characteristics Secretary may specify; Act (42 U.S.C. 401(i)(1)) is amended by strik- identified by the Secretary, professional ‘‘(B) have entered into a care coordination ing ‘‘or the Federal Supplementary Medical management and coordination of care can agreement; and Insurance Trust Fund’’ and inserting ‘‘the reasonably be expected to improve processes ‘‘(C) meet such criteria as the Secretary Federal Supplementary Medical Insurance or outcomes of health care and to reduce ag- may establish (which may include experience Trust Fund, and the MediKids Trust Fund’’. gregate costs to the programs under this in the provision of care coordination or pri- (2) Section 201(g)(1)(A) of such Act (42 title. mary care physician’s services). U.S.C. 401(g)(1)(A)) is amended by striking ‘‘(2) PROCEDURES TO FACILITATE ENROLL- ‘‘(2) AGREEMENT TERM; PAYMENT.— ‘‘and the Federal Supplementary Medical In- MENT.—The Secretary shall develop and im- ‘‘(A) DURATION AND RENEWAL.—A care co- surance Trust Fund established by title plement procedures designed to facilitate en- ordination agreement under this subsection XVIII’’ and inserting ‘‘, the Federal Supple- rollment of eligible individuals in the pro- shall be for one year and may be renewed if mentary Medical Insurance Trust Fund, and gram under this section. the Secretary is satisfied that the care coor- the MediKids Trust Fund established by title ‘‘(c) ENROLLMENT OF INDIVIDUALS.— dinator continues to meet the conditions of XVIII’’. ‘‘(1) SECRETARY’S DETERMINATION OF ELIGI- participation specified in paragraph (1). (c) MAINTENANCE OF MEDICAID ELIGIBILITY BILITY.—The Secretary shall determine the ‘‘(B) PAYMENT FOR SERVICES.—The Sec- AND BENEFITS FOR CHILDREN.— eligibility for services under this section of retary may negotiate or otherwise establish (1) IN GENERAL.—In order for a State to individuals who are enrolled in the program payment terms and rates for services de- continue to be eligible for payments under under this section and who make application scribed in subsection (d)(1). section 1903(a) of the Social Security Act (42 for such services in such form and manner as ‘‘(C) LIABILITY.—Care coordinators shall be U.S.C. 1396b(a))— the Secretary may prescribe. subject to liability for actual health dam- (A) the State may not reduce standards of ‘‘(2) ENROLLMENT PERIOD.— ages which may be suffered by recipients as eligibility, or benefits, provided under its ‘‘(A) EFFECTIVE DATE AND DURATION.—En- a result of the care coordinator’s decisions, State medicaid plan under title XIX of the rollment of an individual in the program failure or delay in making decisions, or other Social Security Act or under its State child under this section shall be effective as of the actions as a care coordinator. health plan under title XXI of such Act for first day of the month following the month ‘‘(D) TERMS.—In addition to such other individuals under 23 years of age below such in which the Secretary approves the individ- terms as the Secretary may require, an standards of eligibility, and benefits, in ef- ual’s application under paragraph (1), shall agreement under this section shall include fect on the date of the enactment of this Act; remain in effect for one month (or such the terms specified in subparagraphs (A) and longer period as the Secretary may specify), through (C) of section 1905(t)(3). (B) the State shall demonstrate to the sat- and shall be automatically renewed for addi- isfaction of the Secretary of Health and tional periods, unless terminated in accord- ‘‘SEC. 2207. ADMINISTRATION AND MISCELLA- Human Services that any savings in State ance with such procedures as the Secretary NEOUS. expenditures under title XIX or XXI of the shall establish by regulation. Such proce- ‘‘(a) IN GENERAL.—Except as otherwise pro- Social Security Act that results from chil- dures shall permit an individual to disenroll vided in this title— dren enrolling under title XXII of such Act for cause at any time and without cause at ‘‘(1) the Secretary shall enter into appro- shall be used in a manner that improves re-enrollment intervals. priate contracts with providers of services, services to beneficiaries under title XIX of ‘‘(B) LIMITATION ON REENROLLMENT.—The other health care providers, carriers, and fis- such Act, such as through expansion of eligi- Secretary may establish limits on an indi- cal intermediaries, taking into account the bility, improved nurse and nurse aide staff- vidual’s eligibility to reenroll in the pro- types of contracts used under title XVIII ing and improved inspections of nursing fa- gram under this section if the individual has with respect to such entities, to administer cilities, and coverage of additional services. disenrolled from the program more than the program under this title; (2) MEDIKIDS AS PRIMARY PAYOR.—In apply- once during a specified time period. ‘‘(2) beneficiary protections for individuals ing title XIX of the Social Security Act, the ‘‘(d) PROGRAM.—The care coordination enrolled under this title shall not be less services program under this section shall in- than the beneficiary protections (including MediKids program under title XXII of such clude the following elements: limits on balance billing) provided medicare Act shall be treated as a primary payor in ‘‘(1) BASIC CARE COORDINATION SERVICES.— beneficiaries under title XVIII; cases in which the election described in sec- ‘‘(A) IN GENERAL.—Subject to the cost-ef- ‘‘(3) benefits described in section 2202 that tion 2207(b)(2) of such Act, as added by sub- fectiveness criteria specified in subsection are payable under this title to such individ- section (a), has been made. (b)(1), except as otherwise provided in this uals shall be paid in a manner specified by (d) EXPANSION OF MEDPAC MEMBERSHIP TO section, enrolled individuals shall receive the Secretary (taking into account, and 19.— services described in section 1905(t)(1) and based to the greatest extent practicable (1) IN GENERAL.—Section 1805(c) of the So- may receive additional items and services as upon, the manner in which they are provided cial Security Act (42 U.S.C. 1395b–6(c)) is described in subparagraph (B). under title XVIII); and amended— ‘‘(B) ADDITIONAL BENEFITS.—The Secretary ‘‘(4) provider participation agreements (A) in paragraph (1), by striking ‘‘17’’ and may specify additional benefits for which under title XVIII shall apply to enrollees and inserting ‘‘19’’; and payment would not otherwise be made under benefits under this title in the same manner (B) in paragraph (2)(B), by inserting ‘‘ex- this title that may be available to individ- as they apply to enrollees and benefits under perts in children’s health,’’ after ‘‘other uals enrolled in the program under this sec- title XVIII. health professionals,’’. tion (subject to an assessment by the care ‘‘(b) COORDINATION WITH MEDICAID AND (2) INITIAL TERMS OF ADDITIONAL MEM- coordinator of an individual’s circumstance SCHIP.—Notwithstanding any other provi- BERS.— and need for such benefits) in order to en- sion of law, individuals entitled to benefits (A) IN GENERAL.—For purposes of stag- courage enrollment in, or to improve the ef- for items and services under this title who gering the initial terms of members of the fectiveness of, such program. also qualify for benefits under title XIX or Medicare Payment Advisory Commission ‘‘(2) CARE COORDINATION REQUIREMENT.— XXI or any other Federally funded health under section 1805(c)(3) of the Social Secu- Notwithstanding any other provision of this care program that provides basic health in- rity Act (42 U.S.C. 1395b–6(c)(3)), the initial title, the Secretary may provide that an in- surance coverage described in section terms of the 2 additional members of the dividual enrolled in the program under this 2203(a)(2) may continue to qualify and obtain Commission provided for by the amendment section may be entitled to payment under benefits under such other title or program, under subsection (a)(1) are as follows: this title for any specified health care items and in such case such an individual shall (i) One member shall be appointed for 1 or services only if the items or services have elect either— year. been furnished by the care coordinator, or ‘‘(1) such other title or program to be pri- (ii) One member shall be appointed for 2 coordinated through the care coordination mary payor to benefits under this title, in years. services program. Under such provision, the which case no benefits shall be payable under (B) COMMENCEMENT OF TERMS.—Such terms Secretary shall prescribe exceptions for this title and the monthly premium under shall begin on January 1, 2006. emergency medical services as described in section 2203 shall be zero; or (3) DUTIES.—Section 1805(b)(1)(A) of such section 1852(d)(3), and other exceptions deter- ‘‘(2) benefits under this title shall be pri- Act (42 U.S.C. 1395b–6(b)(1)(A)) is amended by mined by the Secretary for the delivery of mary payor to benefits provided under such inserting before the semicolon at the end the timely and needed care. title or program, in which case the Secretary following: ‘‘and payment policies under title ‘‘(e) CARE COORDINATORS.— shall enter into agreements with States as XXII’’. ‘‘(1) CONDITIONS OF PARTICIPATION.—In may be appropriate to provide that, in the SEC. 3. MEDIKIDS PREMIUM. order to be qualified to furnish care coordi- case of such individuals, the benefits under (a) GENERAL RULE.—Subchapter A of chap- nation services under this section, an indi- titles XIX and XXI or such other program ter 1 of the Internal Revenue Code of 1986 (re- vidual or entity shall— (including reduction of cost-sharing) are pro- lating to determination of tax liability) is ‘‘(A) be a health care professional or entity vided on a ‘wrap-around’ basis to the benefits amended by adding at the end the following (which may include physicians, physician under this title.’’. new part:

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7312 CONGRESSIONAL RECORD — SENATE June 23, 2005 ‘‘PART VIII—MEDIKIDS PREMIUM ‘‘(3) TREATMENT UNDER SUBTITLE F.—For 1986; to the Committee on Health, Edu- ‘‘Sec. 59B. MediKids premium purposes of subtitle F, the premium paid cation, Labor, and Pensions. under this section shall be treated as if it ‘‘SEC. 59B. MEDIKIDS PREMIUM. Mr. HARKIN. Mr. President, I rise were a tax imposed by section 1.’’. ‘‘(a) IMPOSITION OF TAX.—In the case of a today to introduce a piece of legisla- (b) TECHNICAL AMENDMENTS.— taxpayer to whom this section applies, there (1) Subsection (a) of section 6012 of such tion to fix a huge oversight in pension is hereby imposed (in addition to any other Code is amended by inserting after para- policy. tax imposed by this subtitle) a MediKids pre- In the early 1990s, a large number of mium for the taxable year. graph (9) the following new paragraph: ‘‘(b) INDIVIDUALS SUBJECT TO PREMIUM.— ‘‘(10) Every individual liable for a premium U.S. companies began a process of ‘‘(1) IN GENERAL.—This section shall apply under section 59B.’’. switching their traditional defined ben- to a taxpayer if a MediKid is a dependent of (2) The table of parts for subchapter A of efit pension plans to what’s referred to the taxpayer for the taxable year. chapter 1 of such Code is amended by adding as ‘‘cash balance’’ pension plans. A at the end the following new item: ‘‘(2) MEDIKID.—For purposes of this section, cash balance pension is insured, like a the term ‘MediKid’ means any individual en- ‘‘PART VIII. MEDIKIDS PREMIUM’’. traditional plan, through the PBGC. rolled in the MediKids program under title (c) EFFECTIVE DATE.—The amendments However, it looks more like a defined XXII of the Social Security Act. made by this section shall apply to months ‘‘(c) AMOUNT OF PREMIUM.—For purposes of contribution plan to participants be- this section, the MediKids premium for a beginning after December 2006, in taxable cause the benefit is expressed as some taxable year is the sum of the monthly pre- years ending after such date. percent of play plus some guaranteed miums (for months in the taxable year) de- SEC. 4. REFUNDABLE CREDIT FOR CERTAIN COST-SHARING EXPENSES UNDER interest rate. This isn’t necessarily a termined under section 2203 of the Social Se- bad idea, in and of itself. However, in curity Act with respect to each MediKid who MEDIKIDS PROGRAM. is a dependent of the taxpayer for the tax- (a) IN GENERAL.—Subpart C of part IV of practice, many of the employees work- able year. subchapter A of chapter 1 of the Internal ing for these companies were not told ‘‘(d) EXCEPTIONS BASED ON ADJUSTED GROSS Revenue Code of 1986 (relating to refundable what these changes would mean for INCOME.— credits) is amended by redesignating section them. Some companies had their em- ‘‘(1) EXEMPTION FOR VERY LOW-INCOME TAX- 36 as section 37 and by inserting after section ployees work for years without earning 35 the following new section: PAYERS.— any more benefits. Many of those em- ‘‘SEC. 36. CATASTROPHIC LIMIT ON COST-SHAR- ‘‘(A) IN GENERAL.—No premium shall be im- ployees didn’t figure that out for a posed by this section on any taxpayer having ING EXPENSES UNDER MEDIKIDS an adjusted gross income not in excess of the PROGRAM. very long time. Unfortunately, their exemption amount. ‘‘(a) IN GENERAL.— lack of understanding in this situation ‘‘(B) EXEMPTION AMOUNT.—For purposes of ‘‘In the case of a taxpayer who has a was a key benefit to management. this paragraph, the exemption amount is— MediKid (as defined in section 59B) at any However, once they figured out what ‘‘(i) $19,245 in the case of a taxpayer having time during the taxable year, there shall be was happening, the retirees were furi- 1 MediKid, allowed as a credit against the tax imposed by this subtitle an amount equal to the ex- ous. ‘‘(ii) $24,135 in the case of a taxpayer hav- As two consultants who helped put ing 2 MediKids, cess of— ‘‘(iii) $29,025 in the case of a taxpayer hav- ‘‘(1) the amount paid by the taxpayer dur- these plans together said at an Actu- ing 3 MediKids, and ing the taxable year as cost-sharing under aries conference in 1998: ‘‘(iv) $33,915 in the case of a taxpayer hav- section 2202(b)(4) of the Social Security Act, ‘‘I’ve been involved in cash balance plans ing 4 or more MediKids. over five or six years down the road and what I ‘‘(C) PHASEOUT OF EXEMPTION.—In the case ‘‘(2) 5 percent of the taxpayer’s adjusted have found is that while employees under- of a taxpayer having an adjusted gross in- gross income for the taxable year.’’. stand it, it is not until they are actually come which exceeds the exemption amount (b) COORDINATION WITH OTHER PROVI- ready to retire that they understand how lit- but does not exceed twice the exemption SIONS.—The excess described in subsection tle they are actually getting.’’ amount, the premium shall be the amount (a) shall not be taken into account in com- ‘‘Right, but they’re happy while they’re which bears the same ratio to the premium puting the amount allowable to the taxpayer employed.’’ as a deduction under section 162(l) or 213(a). which would (but for this subparagraph) One of the most abusive practices in apply to the taxpayer as such excess bears to (c) TECHNICAL AMENDMENTS.— the exemption amount. (1) The table of sections for subpart C of cash balance conversions is known as ‘‘(D) INFLATION ADJUSTMENT OF EXEMPTION part IV of subchapter A of chapter 1 of such ‘‘wear away. ‘‘ The company freezes the AMOUNTS.—In the case of any taxable year Code is amended by redesignating the item value of the benefits employees already beginning in a calendar year after 2005, each relating to section 36 as an item relating to earned, which by law cannot be taken dollar amount contained in subparagraph (C) section 37 and by inserting before such item away once given. However, the em- shall be increased by an amount equal to the the following new item: ployer opens a cash balance account for product of— ‘‘Sec. 36. Catastrophic limit on cost- that worker at a much lower dollar ‘‘(i) such dollar amount, and sharing expenses under level. So they end up working for years ‘‘(ii) the cost-of-living adjustment deter- MediKids program’’. contributing to this lower cash balance mined under section 1(f)(3) for the calendar (2) Paragraph (2) of section 1324(b) of title year in which the taxable year begins, deter- account, not realizing that contribu- 31, United States Code, is amended by insert- mined by substituting ‘calendar year 2004’ ing ‘‘or 36’’ after ‘‘section 35’’. tion is meaningless because their old for ‘calendar year 1992’ in subparagraph (B) (d) EFFECTIVE DATE.—The amendments benefits were higher. At the same time, thereof. made by this section shall apply to taxable younger workers do get money added If any increase determined under the pre- years beginning after December 31, 2006. to their account every day. This is ceding sentence is not a multiple of $50, such SEC. 5. REPORT ON LONG-TERM REVENUES. clearly age discrimination, and bad increase shall be rounded to the nearest mul- Within one year after the date of the en- pension policy. tiple of $50. actment of this Act, the Secretary of the In 1999, I introduced a bill to make it ‘‘(2) PREMIUM LIMITED TO 5 PERCENT OF AD- Treasury shall propose a gradual schedule of JUSTED GROSS INCOME.—In no event shall any illegal for corporations to wear away progressive tax changes to fund the program taxpayer be required to pay a premium under the benefits of older workers during under title XXII of the Social Security Act, this section in excess of an amount equal to as the number of enrollees grows in the out- conversions to cash balance plans. I of- 5 percent of the taxpayer’s adjusted gross in- years. fered my bill as an amendment. Forty- come. eight Senators, including 3 Repub- ‘‘(e) COORDINATION WITH OTHER PROVI- licans, voted to waive the budget point SIONS.— By Mr. HARKIN (for himself, Mr. ‘‘(1) NOT TREATED AS MEDICAL EXPENSE.— KENNEDY, Mr. DURBIN, Mr. of order so we could consider this For purposes of this chapter, any premium FEINGOLD, Mrs. BOXER, and Mr. amendment. We did not have enough paid under this section shall not be treated DAYTON): votes then, but I believe the tide is as expense for medical care. S. 1304. A bill to amend the Employee turning. ‘‘(2) NOT TREATED AS TAX FOR CERTAIN PUR- Retirement Income Security Act of After that vote, more and more sto- POSES.—The premium paid under this section 1974 and the Internal Revenue Code of ries came out about how many workers shall not be treated as a tax imposed by this 1986 to protect pension benefits of em- were losing their pensions. In Sep- chapter for purposes of determining— ‘‘(A) the amount of any credit allowable ployees in defined benefit plans and to tember of 1999, the Secretary of the under this chapter, or direct the Secretary of the Treasury to Treasury put a moratorium on conver- ‘‘(B) the amount of the minimum tax im- enforce the age discrimination require- sions from defined benefit plans to cash posed by section 55. ments of the Internal Revenue Code of balance plans. That moratorium has

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7313 been in effect now for over three years. younger workers that it would be crazy pension at all. But I also want to make In April of 2000, I offered a Sense-of- to work for a company for a long time, it clear that this Senator will never sit the-Senate resolution to stop this prac- that it’s best to hedge your bets and idly by as older workers get the rug tice, and it passed the Senate unani- move on as soon as it is convenient. pulled out from under them just as mously. It’s crazy to trade current pay for the they thought they were on solid ground There are hundreds of age discrimi- promise of future benefits. So why even for their retirement. I won’t stand idly nation complaints currently pending take into account the fact that you’re by and watch their money redistrib- before the EEOC based on some of being offered a pension plan? This is a uted in an age-discriminatory way. We these abusive cash balance conversions. very dangerous road to go down. can have this dialog and we can find a Clearly, something must be done to ad- This destroys the kind of work ethic way to fix what’s broken here, but not dress this issue that’s been floating we have come to value and that we by blessing some of these blatant around now unresolved for over five know built this country. But some of abuses. years. these cash balance conversions counter Before, I said that wear-away is the all of that. Here is an analogy. Imagine By Mr. BROWNBACK: least fair practice during conversion. I hire someone for 5 years with a prom- S. 1305. A bill to amend the Internal And I have to say that now, public sen- ise of a $50,000 bonus at the end of 5 Revenue Code of 1986 to increase tax timent is really coming around to ac- years of service. At the end of 3 years, benefits for parents with children, and knowledge that unfairness. However, however, I renege on the $50,000 bonus. for other purposes; to the Committee aside from wear-away, there’s another But the employee has 3 years invested. on Finance. Mr. BROWNBACK. Mr. President, I problem in shifting from a traditional Had they known that the deal was rise today to introduce the Parents pension to cash balance. In a tradi- going to be off, perhaps they would not Tax Relief Act. tional plan, you accrue most of the have gone to work for me. They could The Parents Tax Relief Act would benefits toward the end of your career, have gone to work someplace else for a help restore to families the pride-of- because there’s usually some kind of total higher compensation package. place, which they enjoyed during the formula that multiplies top pay times Now imagine that they hire a new guy early days of the income tax. years of service. People tend to earn to join the team, and they give him This important legislation would re- more salary toward the end of their ca- part of that $50,000 bonus they prom- lieve the growing tax burden on fami- reers, and if that is multiplied times ised me. Is that the way we want to lies with children; provide a realistic more years served, the pension grows treat workers in this country, where option for one parent to stay at home quickly in later years. But in a cash the employer has all the cards and em- and care for the children; and acknowl- balance plan, younger workers do bet- ployees have none, and employers can edge the indispensable social value of ter because they are given a flat per- make whatever deal they want, but can the time and effort that parents put cent of pay plus some guaranteed inter- change the rules at any time? into rearing and forming their chil- est credit. Interest is good for young That is why I am introducing this dren. people, they have many years to accrue legislation. It is simple. It says that Letting parents keep more of their and compound it. So if you get caught you have to give older, longer serving hard-earned money for family-related in mid-life, mid-career in one of these employees a choice, at retirement, expenses leaves the childcare decision transitions, you get the downside of when their pension plan is converted to to parents. Given this opportunity to both plans. a cash balance plan to get the benefits make their own decision about Before I go any further, I want to be earned in the old plan instead. It also childcare, many will choose to stay at clear on one point—cash balance pen- says that employers must start count- home and care for their children them- sions can be a great deal for workers. ing the new cash balance benefits selves. Some. And they may help fill a needed where the old defined benefit plan left This legislation is necessary because niche in the pension world to cover the off, instead of starting the cash balance parents have been hit especially hard half of the workforce that currently plan at a lower level than an employee by increasing taxes over the past half- has no pension. But I will continue my had already earned. century. In 1948, the average family long battle to oppose the unilateral de- This isn’t a radical idea. I was very with children paid 3 percent of its in- cision of a company to cut off a prom- pleased that in February of 2004, the come in Federal taxes; today, that ise for an older worker, give that Administration came out with a cash same average family with children money to a younger worker, and not balance proposal that recognized that pays almost 25 percent of its income in view it as age discrimination. these transitions are hard on workers. Federal taxes. That is what this issue is all about. It It not only prohibits wear-away but It is time for the Federal Govern- is fairness. It is equity. I know discus- provides for 5 year transition credits ment to step back and recognize the sion of pension law can become very for workers caught in the middle of a contributions of the American family. convoluted. But this can be boiled conversion. Treasury reaffirmed its As a matter of policy, I believe we down pretty simply. It is about what commitment to this approach in this should work to further reduce taxes on we think a promise from an employer year’s budget request. families with children in order to make ought to mean. I was excited when Treasury first it easier for parents to be parents and There is one thing that has distin- came to the table with a proposal to do care for their own children at home. guished the American workplace from more to protect workers here. I was so Outside of abusive situations, nothing others around the world. We have val- encouraged by this that I convened a is better for our children than spending ued loyalty. At least we used to. That series of meetings over the course of time with their parents. is one of the reasons pension plans last summer to get all interested par- The Parents Tax Relief Act takes a exist—the longer you work somewhere, ties to the table—everyone from partic- modest step towards empowering and the more you earn in your pension pro- ipant rights advocates to industry strengthening the family. It builds on gram. Obviously, the longer you work groups to consultants. I heard some Marriage Penalty Tax Relief and the someplace, the better you do your job, really great ideas, and some that I Child Tax Credit, making both perma- the more you learn about it, the more didn’t agree with. But I think there is nent. While the Child Tax Credit was productive you are. We should value still room to find answers to this prob- significant in leveling a three-decade that loyalty. lem. So I’m putting my plan back on trend of an increasing percentage of But here, companies are able to take the table today. And I really hope that married mothers with preschool chil- away the benefits of the longest serv- we can continue a meaningful dialog on dren who work outside the home full- ing workers. What kind of a signal does this issue. time, more needs to be done to give that send to the workers? It tells work- If we do that, this year, we can enact parents the chance to decrease this ers they are fools if they are loyal be- meaningful participant protections percentage. cause if you put in 20 or 25 years, the moving forward so that there is an- To accomplish this end, the Parents boss can just change the rules of the other pension option out there to cover Tax Relief Act would increase deduc- game, and break their promise. It tells the roughly half of Americans with no tions for young and elderly dependents.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7314 CONGRESSIONAL RECORD — SENATE June 23, 2005 It would equalize existing Federal pref- time and effort in the formation of years ago confirms that the grievance erences between parents who choose to their children. In the end, this type of of the landless communities is legiti- stay at home with their children and investment in human capital may be mate. Legislation has been introduced parents Who choose to work outside of the most effective way for the Federal in the past sessions of Congress to rem- the home and place their children in Government to ensure our future eco- edy this injustice. Hearings have been paid daycare. nomic growth and competitiveness. held and reports written. Yet legisla- The bill would make it easier for a The legislative road to this new pol- tion to right the wrong has inevitably parent to spend more time with their icy begins today, and I look forward to stalled out. This December marks the children through provisions that en- working with my colleagues on both 34th anniversary of Congress’ promise courage telecommuting and home busi- sides of the aisle to make it a reality. to the Native peoples of Alaska—the nesses. And it recognizes the societal promise of a rapid and certain settle- contributions of parents by granting 10 By Ms. MURKOWSKI: ment. And still the landless commu- years worth of Social Security credits S. 1306. A bill to provide for the rec- nities of Southeast Alaska are landless. to a spouse who leaves the workforce ognition of certain Native commu- I am convinced that this cause is during their prime-earning years to nities and the settlement of certain just, it is right, and it is about time care for a young child. claims under the Alaska Native Claims that the Native peoples of the five The Parents Tax Relief Act is about Settlement Act, and for other pur- landless communities receive what has investing in human capital. The hard- poses; to the Committee on Energy and been denied them for more than 30 working American family, instilling Natural Resources. years. traditional values to children, has been Ms. MURKOWSKI. Mr. President, at The legislation that I am introducing the bedrock of American society. As the very beginning of the Alaska Na- today would enable the Native peoples the family goes, so goes the Nation. tive Claims Settlement Act of 1971 of the five ‘‘landless communities’’ to In recent years, the Federal Govern- there are a series of findings and dec- organize five ‘‘urban corporations,’’ ment has engaged in a massive experi- larations of Congressional policy which one for each unrecognized community. ment with paid, out-of-home daycare. explain the underpinnings of this land- These newly formed corporations As a national policy, through Federal mark legislation. would be offered and could accept the subsidies, we have encouraged parents The first clause reads, ‘‘There is an surface estate to approximately 23,000 to place their children in daycare, and immediate need for a fair and just set- acres of land. Sealaska Corporation, further, we have increasingly become a tlement of all claims by Natives and the regional Alaska Native Corporation Nation where it is necessary for both Native groups of Alaska, based on ab- for Southeast Alaska would receive husband and wife to be in the work- original land claims.’’ The second title to the subsurface estate to the force just to cover a family’s basic clause states, ‘‘The settlement should designated lands. The urban corpora- needs. The end result is that children be accomplished rapidly, with cer- tions would each receive a lump sum are getting less of their parents’ time tainty, in conformity with the real eco- payment to be used as start-up funds when they need their parents the most. nomic and social needs of Natives.’’ for the newly established corporation. Make no mistake, both men and Thirty three years have passed since The Secretary of the Interior would de- women have made valuable contribu- the Alaska Native Claims Settlement termine other appropriate compensa- tions to our national workforce. Our Act became law and still the Native tion to redress the inequities faced by Nation’s productivity is strong, and we peoples of five communities in South- the unrecognized communities. It is long past time that we return to have enjoyed a great period of national east Alaska—Haines, Ketchikan, Pe- the Native peoples of Southeast Alaska prosperity. But how long will it last tersburg, Tenakee and Wrangell—the a small slice of the aboriginal lands when our children are spending less five ‘‘landless communities’’ are still that were once theirs alone. It is time time with mom and dad? Sociological waiting for their fair and just settle- that we open our minds and open our data confirms time and again that chil- ment. hearts to correcting this injustice dren do best when raised by a mother The Alaska Native Claims Settle- which has gone on far too long and fi- and a father, where one spouse works ment Act awarded approximately $1 nally give the Native peoples of South- and the other spouse stays at home billion and 44 million acres of land to east Alaska the rapid and certain set- with the children. Alaska Natives and provided for the es- tlement for which they have been wait- Unfortunately—and I believe that tablishment of Native Corporations to receive and manage such funds and ing. most mothers, especially, would tend I ask unanimous consent that the lands. The beneficiaries of the settle- to agree—we have reached a point text of the legislation be printed in the where a family has to make a truly ment were issued stock in one of 13 re- RECORD. great sacrifice for one parent to stay at gional Alaska Native Corporations. There being no objection, the bill was Most beneficiaries also had the option home to raise the children. I have ordered to be printed in the RECORD, as heard so many stories of mothers want- to enroll and receive stock in a village, follows: group or urban corporation. ing to stay home with their children, S. 1306 For reasons that still defy expla- but between paying a mortgage and Be it enacted by the Senate and House of Rep- taxes, they feel helpless. They feel that nation the Native peoples of the ‘‘land- resentatives of the United States of America in they must work in order that their less communities,’’ were not permitted Congress assembled, family can enjoy and maintain a mid- by the Alaska Native Claims Settle- SECTION 1. SHORT TITLE. dle-class lifestyle. ment Act to form village or urban cor- This Act may be cited as the ‘‘Unrecog- It is time for us to acknowledge, porations. These communities were ex- nized Southeast Alaska Native Communities through Federal policy, the sacrifices cluded from this benefit even though Recognition and Compensation Act’’. that parents make to invest in the up- they did not differ significantly from SEC. 2. FINDINGS AND PURPOSE. bringing of their children when they other communities in Southeast Alas- (a) FINDINGS.—Congress finds the fol- ka that were permitted to form village lowing: stay at home. That is goal of the Par- (1) In 1971, Congress enacted the Alaska ents Tax Relief Act, and it is the rea- or urban corporations under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 son why I am introducing this impor- Native Claims Settlement Act. This et seq.) (referred to in this section as the tant measure. finding was confirmed in a February ‘‘Act’’) to recognize and settle the aboriginal It costs a great sum to raise children 1994 report submitted by the Secretary claims of Alaska Natives to the lands Alaska these days, and it is essential to our of the Interior at the direction of the Natives had used for traditional purposes. Nation’s social and economic welfare Congress. That study was conducted by (2) The Act awarded approximately that we ensure Federal tax policy does the Institute of Social and Economic $1,000,000,000 and 44,000,000 acres of land to Research at the University of Alaska. Alaska Natives and provided for the estab- not infringe on a parent’s ability to af- lishment of Native Corporations to receive ford that great sum. The Native people of Southeast Alas- and manage such funds and lands. The Parents Tax Relief Act would es- ka have recognized the injustice of this (3) Pursuant to the Act, Alaska Natives tablish a new national tax policy that oversight for more than 33 years. An have been enrolled in one of 13 Regional Cor- would allow parents to invest more independent study issued more than 11 porations.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7315 (4) Most Alaska Natives reside in commu- ‘‘(2) Nothing in this subsection shall affect ‘‘(1) Local areas of historical, cultural, tra- nities that are eligible under the Act to form any entitlement to land of any Native Cor- ditional, and economic importance to Alaska a Village or Urban Corporation within the poration previously established pursuant to Natives from the Villages of Haines, Ketch- geographical area of a Regional Corporation. this Act or any other provision of law.’’. ikan, Petersburg, Tenakee, or Wrangell. In (5) Village or Urban Corporations estab- SEC. 4. SHAREHOLDER ELIGIBILITY. selecting the lands to be withdrawn and con- lished under the Act received cash and sur- Section 8 of the Alaska Native Claims Set- veyed pursuant to this section, the Secretary face rights to the settlement land described tlement Act (43 U.S.C. 1607) is amended by shall give preference to lands with commer- in paragraph (2) and the corresponding Re- adding at the end thereof the following new cial purposes and may include subsistence gional Corporation received cash and land subsection: and cultural sites, aquaculture sites, hydro- which includes the subsurface rights to the ‘‘(d)(1) The Secretary of the Interior shall electric sites, tidelands, surplus Federal land of the Village or Urban Corporation. enroll to each of the Urban Corporations for property and eco-tourism sites. The lands se- (6) The southeastern Alaska communities Haines, Ketchikan, Petersburg, Tenakee, or lected pursuant to this section shall be con- of Haines, Ketchikan, Petersburg, Tenakee, Wrangell those individual Natives who en- tiguous and reasonably compact tracts wher- and Wrangell are not listed under the Act as rolled under this Act to the Native Villages ever possible. The lands selected pursuant to communities eligible to form Village or of Haines, Ketchikan, Petersburg, Tenakee, this section shall be subject to all valid ex- Urban Corporations, even though the popu- or Wrangell, respectively. isting rights and all other provisions of sec- lation of such villages comprises greater ‘‘(2) Those Natives who are enrolled to an tion 14(g), including any lease, contract, per- than 20 percent of the shareholders of the Urban Corporation for Haines, Ketchikan, mit, right-of-way, or easement (including a Regional Corporation for Southeast Alaska Petersburg, Tenakee, or Wrangell pursuant lease issued under section 6(g) of the Alaska and display historic, cultural, and tradi- to paragraph (1) and who were enrolled as Statehood Act). tional qualities of Alaska Natives. shareholders of the Regional Corporation for ‘‘(2) $650,000 for capital expenses associated (7) The communities described in para- Southeast Alaska on or before March 30, with corporate organization and develop- graph (6) have sought full eligibility for 1973, shall receive 100 shares of Settlement ment, including— lands and benefits under the Act for more Common Stock in such Urban Corporation. ‘‘(A) the identification of forest and land than three decades. ‘‘(3) A Native who has received shares of parcels for selection and withdrawal; (8) In 1993, Congress directed the Secretary stock in the Regional Corporation for South- ‘‘(B) making conveyance requests, receiv- of the Interior to prepare a report examining east Alaska through inheritance from a dece- ing title, preparing resource inventories, the reasons why the communities listed in dent Native who originally enrolled to the land and resource use, and development plan- paragraph (6) had been denied eligibility to Native Villages of Haines, Ketchikan, Pe- ning; form Village or Urban Corporations and re- tersburg, Tenakee, or Wrangell, which dece- ‘‘(C) land and property valuations; ceive land and benefits pursuant to the Act. dent Native was not a shareholder in a Vil- ‘‘(D) corporation incorporation and start- (9) The report described in paragraph (8), lage or Urban Corporation, shall receive the up; published in February, 1994, indicates that— identical number of shares of Settlement ‘‘(E) advising and enrolling shareholders; (A) the communities listed in paragraph (6) Common Stock in the Urban Corporation for ‘‘(F) issuing stock; and do not differ significantly from the southeast Haines, Ketchikan, Petersburg, Tenakee, or ‘‘(G) seed capital for resource development. Alaska communities that were permitted to Wrangell as the number of shares inherited ‘‘(3) Such additional forms of compensa- form Village or Urban Corporations under by that Native from the decedent Native who tion as the Secretary deems appropriate, in- the Act; would have been eligible to be enrolled to cluding grants and loan guarantees to be (B) such communities are similar to other such Urban Corporation. used for planning, development and other communities that are eligible to form Vil- ‘‘(4) Nothing in this subsection shall affect purposes for which Native Corporations are lage or Urban Corporations under the Act entitlement to land of any Regional Corpora- organized under the Act, and any additional and receive lands and benefits under the tion pursuant to section 12(b) or section financial compensation, which shall be allo- Act— 14(h)(8).’’. cated among the five Urban Corporations on (i) in actual number and percentage of Na- SEC. 5. DISTRIBUTION RIGHTS. a pro rata basis based on the number of tive Alaskan population; and Section 7 of the Alaska Native Claims Set- shareholders in each Urban Corporation. (ii) with respect to the historic use and oc- tlement Act (43 U.S.C. 1606) is amended— ‘‘(b) The Urban Corporations for Haines, cupation of land; (1) in subsection (j), by adding at the end Ketchikan, Petersburg, Tenakee, and (C) each such community was involved in thereof the following new sentence: ‘‘Native Wrangell, shall have one year from the date advocating the settlement of the aboriginal members of the Native Villages of Haines, of the offer of compensation from the Sec- claims of the community; and Ketchikan, Petersburg, Tenakee, and retary to each such Urban Corporation pro- (D) some of the communities appeared on Wrangell who become shareholders in an vided for in this section within which to ac- early versions of lists of Native Villages pre- Urban Corporation for such a community cept or reject the offer. In order to accept or pared before the date of the enactment of the shall continue to be eligible to receive dis- reject the offer, each such Urban Corporation Act, but were not included as Native Villages tributions under this subsection as at-large shall provide to the Secretary a properly ex- in the Act. shareholders of the Regional Corporation for ecuted and certified corporate resolution (10) The omissions described in paragraph Southeast Alaska.’’; and that states that the offer proposed by the (9) are not clearly explained in any provision (2) by adding at the end thereof the fol- Secretary was voted on, and either approved of the Act or the legislative history of the lowing new subsection: or rejected, by a majority of the share- Act. ‘‘(s) No provision of or amendment made holders of the Urban Corporation. In the (11) On the basis of the findings described by the Unrecognized Southeast Alaska Na- event that the offer is rejected, the Sec- in paragraphs (1) through (10), Alaska Na- tive Communities Recognition and Com- retary, in consultation with representatives tives who were enrolled in the five unlisted pensation Act shall affect the ratio for deter- of the Urban Corporation that rejected the communities and their heirs have been inad- mination of revenue distribution among Na- offer and the Regional Corporation for vertently and wrongly denied the cultural tive Corporations under this section and the Southeast Alaska, shall revise the offer and and financial benefits of enrollment in Vil- ‘1982 Section 7(i) Settlement Agreement’ the Urban Corporation shall have an addi- lage or Urban Corporations established pur- among the Regional Corporations or among tional six months within which to accept or suant to the Act. Village Corporations under subsection (j).’’. reject the revised offer. (b) PURPOSE.—The purpose of this Act is to SEC. 6. COMPENSATION. ‘‘(c) Not later than 180 days after receipt of redress the omission of the communities de- The Alaska Native Claims Settlement Act a corporate resolution approving an offer of scribed in subsection (a)(6) from eligibility (43 U.S.C. 1601 et seq.) is amended by adding the Secretary as required in subsection (b), by authorizing the Native people enrolled in at the end thereof the following new section: the Secretary shall withdraw the lands and the communities— convey to the Urban Corporation title to the ‘‘URBAN CORPORATIONS FOR HAINES, KETCH- (1) to form Urban Corporations for the surface estate of the lands and convey to the IKAN, PETERSBURG, TENAKEE, AND WRANGELL communities of Haines, Ketchikan, Peters- Regional Corporation for Southeast Alaska burg, Tenakee, and Wrangell under the Act; ‘‘SEC. 43. (a) Upon incorporation of the title to the subsurface estate as appropriate and Urban Corporations for Haines, Ketchikan, for such lands. (2) to receive certain settlement lands and Petersburg, Tenakee, and Wrangell, the Sec- ‘‘(d) The Secretary shall, without consider- other compensation pursuant to the Act. retary, in consultation and coordination ation of compensation, convey to the Urban SEC. 3. ESTABLISHMENT OF ADDITIONAL NATIVE with the Secretary of Commerce, and in con- Corporations of Haines, Ketchikan, Peters- CORPORATIONS. sultation with representatives of each such burg, Tenakee, and Wrangell, by quitclaim Section 16 of the Alaska Native Claims Urban Corporation and the Regional Cor- deed or patent, all right, title, and interest Settlement Act (43 U.S.C. 1615) is amended poration for Southeast Alaska, shall offer as of the United States in all roads, trails, log by adding at the end thereof the following compensation, pursuant to this Act, one transfer facilities, leases, and appurtenances new subsection: township of land (23,040 acres) to each of the on or related to the land conveyed to the ‘‘(e)(1) The Native residents of each of the Urban Corporations for Haines, Ketchikan, corporations pursuant to subsection (c). Native Villages of Haines, Ketchikan, Pe- Petersburg, Tenakee, and Wrangell, and ‘‘(e)(1) The Urban Corporations of Haines, tersburg, Tenakee, and Wrangell, Alaska, other appropriate compensation, including Ketchikan, Petersburg, Tenakee, and may organize as Urban Corporations. the following: Wrangell may establish a settlement trust in

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7316 CONGRESSIONAL RECORD — SENATE June 23, 2005 accordance with the provisions of section 39 In preparation for this reorganiza- amended by inserting after section 255 the for the purposes of promoting the health, tion, EDA transferred or otherwise following new section: education, and welfare of the trust bene- eliminated most of its experienced ‘‘SEC. 255A. OFFICE OF TRADE ADJUSTMENT AS- ficiaries and preserving the Native heritage TAA staff in the Washington office. SISTANCE. and culture of the communities of Haines, ‘‘(a) ESTABLISHMENT.—Not later than 90 Ketchikan, Petersburg, Tenakee, and But to date it has not completed the days after the date of enactment of the Wrangell, respectively. transfer and hired or trained the nec- Trade Adjustment Assistance for Firms Re- ‘‘(2) The proceeds and income from the essary regional staff. So the program is organization Act, there shall be established principal of a trust established under para- in limbo. in the International Trade Administration of graph (1) shall first be applied to the support Meanwhile, the President recently the Department of Commerce an Office of of those enrollees and their descendants who announced a multi-agency consolida- Trade Adjustment Assistance. are elders or minor children and then to the tion of economic development pro- ‘‘(b) PERSONNEL.—The Office shall be head- support of all other enrollees.’’. ed by a Director, and shall have such staff as SEC. 7. AUTHORIZATION OF APPROPRIATIONS. grams that will eliminate EDA and its regional offices. Not surprisingly, the may be necessary to carry out the respon- There is authorized to be appropriated sibilities of the Secretary of Commerce de- such sums as shall be necessary to carry out latest word from EDA is that plans to scribed in this chapter. this Act and the amendments made by this complete the move of TAA for Firms to ‘‘(c) FUNCTIONS.—The Office shall assist the Act. the regional offices are now on indefi- Secretary of Commerce in carrying out the nite hold. The President’s fiscal year Secretary’s responsibilities under this chap- By Mr. BAUCUS: 2006 budget zeroes out TAA for Firms, ter.’’. S. 1308. A bill to establish an Office of even though Congress has authorized (b) CONFORMING AMENDMENT.—The table of Trade Adjustment Assistance, and for the program through fiscal year 2007. contents for the Trade Act of 1974 is amended other purposes; to the Committee on by inserting after the item relating to sec- With funding in doubt and the Wash- Finance. tion 255, the following new item: ington-based management structure Mr. BAUCUS. Mr. President, today I ‘‘Sec. 255A. Office of Trade Adjustment As- introduce the Trade Adjustment As- for TAA for Firms already largely dis- sistance’’. sistance for Firms Reorganization Act. mantled, this program is on the verge SEC. 3. AUTHORIZATION OF APPROPRIATIONS. The Trade Adjustment Assistance for of a crisis. Section 256(b) of the Trade Act of 1974 (19 Firms program assists hundreds of TAA for Firms was not broken until U.S.C. 2346(b)) is amended by striking ‘‘2007’’ mostly small and medium-sized manu- someone decided to fix it. Now it is and inserting ‘‘2012’’. facturing and agricultural companies doomed to stay in limbo unless Con- in Montana and nationwide when they gress acts to clean up the mess. By Mr. BAUCUS (for himself, Mr. face layoffs and lost sales due to im- The bill I am introducing today COLEMAN, and Mr. WYDEN): port competition. Qualifying compa- solves these problems by moving ad- S. 1309. A bill to amend the Trade Act nies develop adjustment plans and re- ministration of the TAA for Firms pro- of 1974 to extend the trade adjustment ceive technical assistance to become gram from EDA into a different part of assistance program to the services sec- more competitive, so that they can re- the Commerce Department—the Inter- tor, and for other purposes; to the tain and expand employment. national Trade Administration. I intro- Committee on Finance. The program is very cost effective. It duced this same bill last year with 15 Mr. BAUCUS. Mr. President, today I requires the firms being helped to co-sponsors. introduce the Trade Adjustment As- match the Federal assistance with Relocating the program to ITA sistance Equity for Service Workers their own funds, and it pays the gov- makes sense. ITA has experience run- Act. ernment back in federal and State tax ning this program, which was located Frankly, I am disappointed to be revenues when the firms succeed. there prior to 1990. Relocating TAA for here introducing this bill yet again. For example, TAA for Firms is help- Firms to ITA will result in fewer lays Just last week, the substance of the ing Montola Growers from Culbertson, of government and more centralized bill was adopted by a majority of mem- Montana, to develop cosmetic applica- and accountable program management bers of the Finance Committee as an tions for its safflower oil. And it is than running it through EDA’s re- amendment to the implementing legis- helping Porterbilt Company of Ham- gional offices or some new economic lation for the United States-Central ilton to expand its product line. development agency. America-Dominican Republic Free Currently, TAA for Firms clients re- Relocating the program also creates Trade Agreement. But today, the ad- ceive assistance preparing petitions synergies by allowing better coordina- ministration sent us the final imple- and adjustment plans from twelve tion of the TAA for Firms program menting bill with the amendment Trade Adjustment Assistance Centers, with other trade and trade remedy pro- stripped out. which are Commerce Department con- grams administered by ITA. And it en- President Bush likes to say that tractors. Program and policy decisions hances the ability of the Finance Com- trade is for everyone. That we all share are made by a small headquarters staff mittee to carry out its oversight re- the benefits, including workers. And he in the Commerce Department’s Eco- sponsibilities for this program and for claims to care a lot about having a nomic Development Administration. trade policy in general. skilled workforce that can keep Amer- In the Trade Act of 2002, Congress I do not want to see this important ican businesses competitive in global voted to reauthorize this important TAA program die of neglect. This legis- markets. program for seven years and to in- lation is a simple matter of good, sen- This amendment presented the Presi- crease its authorized funding level. The sible government. I encourage my col- dent with the perfect opportunity to program seemed headed toward some leagues to lend it their support. put his money where his mouth is. years of smooth sailing. But it turns I ask unanimous consent that the He could have said to the American out that is not the case. text of this bill be printed in the people—as President Clinton did when For reasons unrelated to TAA for RECORD. Congress considered the NAFTA—that Firms, EDA began more than a year There being no objection, the bill was just as all Americans share in the bene- ago to move all its headquarters pro- ordered to be printed in the RECORD, as fits of trade, we all bear a responsi- grams to its six regional offices. For follows: bility for its costs. Trade liberalization TAA for Firms, that means clients will S. 1308 and trade adjustment go hand in hand. still get the same local services from Be it enacted by the Senate and House of Rep- And then he could have provided Amer- the TAACs, but decisions will be made resentatives of the United States of America in ica’s service sector workers with access in six regional offices plus a national Congress assembled, to the one program designed to make policy office. The likely result is more SECTION 1. SHORT TITLE. that happen—Trade Adjustment Assist- personnel needed to run the program, This Act may be cited as the ‘‘Trade Ad- ance. more layers of government, less cen- justment Assistance for Firms Reorganiza- But by submitting the CAFTA imple- tion Act’’. tralized and consistent decision mak- menting bill stripped of the Trade Ad- SEC. 2. OFFICE OF TRADE ADJUSTMENT ASSIST- ing, and less accountability—all with- ANCE. justment Assistance amendment out any likely improvement in cus- (a) IN GENERAL.—Chapter 3 of title II of the passed by the Finance Committee, he tomer service. Trade Act of 1974 (19 U.S.C. 2341 et seq.) is chose not to.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7317 Since 1962, Trade Adjustment Assist- million U.S. service sector jobs would S. 1309 ance—what we call ‘‘TAA’’—has pro- be moved offshore in the next 5 to 10 Be it enacted by the Senate and House of Rep- vided retraining, income support, and years. resentatives of the United States of America in other benefits so that workers who lose That doesn’t mean the total number Congress assembled, their jobs due to trade can make a new of jobs in the U.S. economy is shrink- SECTION 1. SHORT TITLE. start. ing. But the fact that jobs may be This Act may be cited as the ‘‘Trade Ad- The rationale for TAA is simple. justment Assistance Equity for Service available in a different field is cold Workers Act of 2005’’. When our government pursues trade comfort to a worker whose own skills SEC. 2. EXTENSION OF TRADE ADJUSTMENT AS- liberalization, we create benefits for are no longer in demand. SISTANCE TO SERVICES SECTOR. the economy as a whole. But there is That is why this legislation is so im- (a) ADJUSTMENT ASSISTANCE FOR WORK- always some dislocation from trade. portant. It is a simple matter of eq- ERS.—Section 221(a)(1)(A) of the Trade Act of When he created the TAA program, uity. 1974 (19 U.S.C. 2271(a)(1)(A)) is amended by President Kennedy explained that the When a factory relocates to another striking ‘‘firm)’’ and inserting ‘‘firm, and workers in a service sector firm or subdivi- Federal Government has an obligation country, those workers are eligible for ‘‘to render assistance to those who suf- sion of a service sector firm or public agen- TAA. But when a call center moves to cy)’’. fer as a result of national trade pol- another country, those workers are not (b) GROUP ELIGIBILITY REQUIREMENTS.— icy.’’ eligible for TAA. They should be. Section 222 of the Trade Act of 1974 (19 U.S.C. For more than 40 years, we have met The benefits service workers will re- 2272) is amended— that obligation through TAA, which is ceive under this legislation would be (1) in subsection (a)— principally a retraining program de- exactly the same as those that trade- (A) in the matter preceding paragraph (1), by striking ‘‘agricultural firm)’’ and insert- signed to update worker skills. impacted manufacturing workers now The TAA program has not been static ing ‘‘agricultural firm, and workers in a receive. They include retraining, in- service sector firm or subdivision of a service over time. Congress periodically re- come support, job search and reloca- vises the program to meet new eco- sector firm or public agency)’’; tion allowance, and a health coverage (B) in paragraph (1), by inserting ‘‘or pub- nomic realities. Most recently, in the tax credit. lic agency’’ after ‘‘of the firm’’; and Trade Act of 2002, Congress completed Hard working American service (C) in paragraph (2)— the most comprehensive overhaul and workers deserve this safety net. These (i) in subparagraph (A)(ii), by striking expansion of the TAA program since its benefits will always be second best to a ‘‘like or directly competitive with articles produced’’ and inserting ‘‘or services like or inception. job. But they can really make a dif- I am proud to have played a leading directly competitive with articles produced ference in helping workers make a new or services provided’’; role in passing this landmark legisla- start. tion. But I am also the first to admit (ii) by striking subparagraph (B) and in- Truthfully, I am mystified by why serting the following: that our work is not done. Economic the President so cavalierly dropped the ‘‘(B)(i) there has been a shift, by such realities continue to change, and TAA TAA for Services amendment and let workers’ firm, subdivision, or public agency must continue to change with them. this opportunity pass him by. His ac- to a foreign country, of production of arti- One fundamental aspect of TAA that tions are entirely inconsistent with his cles, or in provision of services, like or di- has remained unchanged since 1962 is rectly competitive with articles which are stated desire to make trade benefit all its focus on manufacturing. We only produced, or services which are provided, by Americans. But, sadly, this has become give TAA benefits to workers who such firm, subdivision, or public agency; or a pattern. make ‘‘articles.’’ ‘‘(ii) such workers’ firm, subdivision, or public agency has obtained or is likely to ob- Excluding service workers from TAA Despite the obvious benefits of the TAA program, the Bush Administra- tain such services from a foreign country.’’; may have made sense in 1962, when (2) in subsection (b)— most non-farm jobs were in manufac- tion fought tooth and nail against every penny, and against every provi- (A) in the matter preceding paragraph (1), turing and most services were not trad- by striking ‘‘agricultural firm)’’ and insert- sion in what became the Trade Adjust- ed across national borders. ing ‘‘agricultural firm, and workers in a But today, most American jobs are in ment Assistance Reform Act of 2002. service sector firm or subdivision of a service the service sector. And the market for Extending TAA to service workers was sector firm or public agency)’’; many services is becoming just as glob- one of many needed improvements that (B) in paragraph (2), by inserting ‘‘or serv- al as the market for manufactured was struck in the final version of the ice’’ after ‘‘related to the article’’; and bill. (C) in paragraph (3)(A), by inserting ‘‘or goods. services’’ after ‘‘component parts’’; In 2002, the service sector accounted Again in the last Congress, the exten- sion of TAA to service workers was of- (3) in subsection (c)— for three quarters of U.S. private sec- (A) in paragraph (3)— tor gross domestic product and nearly fered as an amendment to the JOBS (i) by inserting ‘‘or services’’ after ‘‘value- 80 percent of non-farm private employ- Act and opposed by the Administra- added production processes’’; ment. tion. It garnered 54 votes from both (ii) by striking ‘‘or finishing’’ and inserting Trade in services is a net plus for the sides ofthe aisle—failing only on a ‘‘, finishing, or testing’’; U.S. economy. Although trade in goods technicality. (iii) by inserting ‘‘or services’’ after ‘‘for articles’’; and continues to dominate, services ac- The world is changing and TAA must keep up with the times. Last year’s (iv) by inserting ‘‘(or subdivision)’’ after counted for 29 percent of the value of ‘‘such other firm’’; and total U.S. exports in 2002 and the serv- Senate vote and this year’s Finance (B) in paragraph (4)— ice sector generated a trade surplus of Committee vote make clear that there (i) by striking ‘‘for articles’’ and inserting $74 billion. is wide support for extending TAA to ‘‘, or services, used in the production of arti- Just as we have seen with trade in service workers. I truly believe this cles or in the provision of services’’; and manufactured goods, however, there bill’s time has come. I will work hard (ii) by inserting ‘‘(or subdivision)’’ after are winners and losers from trade. to move this legislation this year. ‘‘such other firm’’; and Trade in services will inevitably cost I want to thank Senators COLEMAN (4) by adding at the end the following new subsection: and WYDEN for co-sponsoring this legis- some workers their jobs. ‘‘(d) BASIS FOR SECRETARY’S DETERMINA- Indeed, there have been some well- lation. They have been stalwart sup- TIONS.— publicized examples in the papers. porters in the fight to bring equity to ‘‘(1) INCREASED IMPORTS.—For purposes of Software sign. Technical support. Ac- service workers. I look forward to subsection (a)(2)(A)(ii), the Secretary may counting and tax preparation services. working with them to make TAA for determine that increased imports of like or Not long ago, a group of call center service workers a reality. directly competitive articles or services workers in Kalispell, MT saw their jobs I ask unanimous consent that the exist if the workers’ firm or subdivision or move to Canada and India. text of this bill be printed in the customers of the workers’ firm or subdivi- sion accounting for not less than 20 percent Examples abound of service sector RECORD. of the sales of the workers’ firm or subdivi- jobs—even high tech jobs—relocating There being no objection, the bill was sion certify to the Secretary that they are overseas. A series of studies estimate ordered to be printed in the RECORD, as obtaining such articles or services from a that between a half million and over 3 follows: foreign country.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7318 CONGRESSIONAL RECORD — SENATE June 23, 2005 ‘‘(2) OBTAINING SERVICES ABROAD.—For pur- (B) by adding at the end the following: SUBMITTED RESOLUTIONS poses of subsection (a)(2)(B)(ii), the Sec- ‘‘(b) SERVICE SECTOR FIRM.—For purposes retary may determine that the workers’ of this chapter, the term ‘service sector firm’ firm, subdivision, or public agency has ob- means a firm engaged in the business of pro- tained or is likely to obtain like or directly viding services.’’. SENATE RESOLUTION 180—SUP- competitive services from a foreign country (b) INDUSTRIES.—Section 265(a) of the PORTING THE GOALS AND based on a certification thereof from the Trade Act of 1974 (19 U.S.C. 2355(a)) is amend- workers’ firm, subdivision, or public agency. IDEALS OF A NATIONAL ed by inserting ‘‘or service’’ after ‘‘new prod- ‘‘(3) AUTHORITY OF THE SECRETARY.—The EPIDERMOLYSIS BULLOSA uct’’. Secretary may obtain the certifications AWARENESS WEEK TO RAISE under paragraphs (1) and (2) through ques- (c) TECHNICAL AMENDMENTS.— PUBLIC AWARENESS AND UN- tionnaires or in such other manner as the (1) IN GENERAL.—Section 249 of the Trade DERSTANDING OF THE DISEASE Secretary determines is appropriate.’’. Act of 1974 (19 U.S.C. 2321) is amended by striking ‘‘subpena’’ and inserting ‘‘sub- AND TO FOSTER UNDER- (c) TRAINING.—Section 236(a)(2)(A) of the STANDING OF THE IMPACT OF Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is poena’’ each place it appears in the heading amended by striking ‘‘$220,000,000’’ and in- and the text. THE DISEASE ON PATIENTS AND serting ‘‘$440,000,000’’. (2) TABLE OF CONTENTS.—The table of con- THEIR FAMILIES (d) DEFINITIONS.—Section 247 of the Trade tents for the Trade Act of 1974 is amended by Mr. SCHUMER (for himself and Mrs. Act of 1974 (19 U.S.C. 2319) is amended— striking ‘‘Subpena’’ in the item relating to (1) in paragraph (1)— section 249 and inserting ‘‘Subpoena’’. CLINTON) submitted the following reso- lution; which was referred to the Com- (A) by inserting ‘‘or public agency’’ after SEC. 4. MONITORING AND REPORTING. ‘‘of a firm’’; and mittee on Health, Education, Labor, (B) by inserting ‘‘or public agency’’ after Section 282 of the Trade Act of 1974 (19 and Pensions: U.S.C. 2393) is amended— ‘‘or subdivision’’; S. RES. 180 (2) in paragraph (2)(B), by inserting ‘‘or (1) in the first sentence— Whereas epidermolysis bullosa is a rare public agency’’ after ‘‘the firm’’; (A) by striking ‘‘The Secretary’’ and in- disease characterized by the presence of ex- (3) by redesignating paragraphs (8) through serting ‘‘(a) MONITORING PROGRAMS.— tremely fragile skin that results in the de- (17) as paragraphs (9) through (18), respec- The Secretary’’; velopment of recurrent, painful blisters, tively; and (B) by inserting ‘‘and services’’ after ‘‘im- open sores, and in some forms of the disease, (4) by inserting after paragraph (6) the fol- ports of articles’’; in disfiguring scars, disabling musculo- lowing: (C) by inserting ‘‘and domestic provision of skeletal deformities, and internal blistering; ‘‘(7) The term ‘public agency’ means a de- services’’ after ‘‘domestic production’’; Whereas approximately 12,500 individuals partment or agency of a State or local gov- (D) by inserting ‘‘or providing services’’ in the United States are affected by the dis- ernment or of the Federal Government. after ‘‘producing articles’’; and ease; ‘‘(8) The term ‘service sector firm’ means (E) by inserting ‘‘, or provision of serv- Whereas data from the National an entity engaged in the business of pro- ices,’’ after ‘‘changes in production’’; and Epidermolysis Bullosa Registry indicates viding services.’’. (2) by adding at the end the following: (e) TECHNICAL AMENDMENT.—Section 245(a) ‘‘(b) COLLECTION OF DATA AND REPORTS ON that of every 1,000,000 live births, 20 infants of the Trade Act of 1974 (19 U.S.C. 2317(a)) is SERVICES SECTOR.— are born with the disease; amended by striking ‘‘, other than sub- ‘‘(1) SECRETARY OF LABOR.—Not later than Whereas there currently is no cure for the chapter D’’. 3 months after the date of the enactment of disease; SEC. 3. TRADE ADJUSTMENT ASSISTANCE FOR the Trade Adjustment Assistance Equity for Whereas children with the disease require FIRMS AND INDUSTRIES. Service Workers Act of 2005, the Secretary of almost around-the-clock care; (a) FIRMS.— Labor shall implement a system to collect Whereas approximately 90 percent of indi- (1) ASSISTANCE.—Section 251 of the Trade data on adversely affected service workers viduals with epidermolysis bullosa report ex- Act of 1974 (19 U.S.C. 2341) is amended— that includes the number of workers by periencing pain on an average day; (A) in subsection (a), by inserting ‘‘or serv- State, industry, and cause of dislocation of Whereas the skin is so fragile for individ- ice sector firm’’ after ‘‘(including any agri- each worker. uals with the disease that even minor rub- cultural firm’’; ‘‘(2) SECRETARY OF COMMERCE.—Not later bing and day-to-day activity may cause blis- (B) in subsection (c)(1)— than 6 months after such date of enactment, tering, including from activities such as (i) in the matter preceding subparagraph the Secretary of Commerce shall, in con- writing, eating, walking, and from the seams (A), by inserting ‘‘or service sector firm’’ sultation with the Secretary of Labor, con- on their clothes; after ‘‘any agricultural firm’’; duct a study and report to the Congress on Whereas most individuals with the disease (ii) in subparagraph (B)(ii), by inserting ways to improve the timeliness and coverage have inherited the disease through genes ‘‘or service’’ after ‘‘of an article’’; and of data on trade in services, including meth- they receive from one or both parents; (iii) in subparagraph (C), by striking ‘‘arti- ods to identify increased imports due to the Whereas epidermolysis bullosa is so rare cles like or directly competitive with arti- relocation of United States firms to foreign that many health care practitioners have cles which are produced’’ and inserting ‘‘arti- countries, and increased imports due to never heard of it or seen a patient with it; cles or services like or directly competitive United States firms obtaining services from Whereas individuals with epidermolysis with articles or services which are produced firms in foreign countries.’’. bullosa often feel isolated because of the or provided’’; and lack of knowledge in the Nation about the SEC. 5. EFFECTIVE DATE. (C) by adding at the end the following: disease and the impact that it has on the ‘‘(e) BASIS FOR SECRETARY DETERMINA- (a) IN GENERAL.—Except as provided in body; TION.— subsection (b), the amendments made by this Whereas more funds should be dedicated ‘‘(1) INCREASED IMPORTS.—For purposes of Act shall take effect on the date that is 60 toward research to develop treatments and subsection (c)(1)(C), the Secretary may de- days after the date of the enactment of this eventually a cure for the disease; and termine that increases of imports of like or Act. Whereas the last week of October would be directly competitive articles or services (b) SPECIAL RULE FOR CERTAIN SERVICE an appropriate time to recognize National exist if customers accounting for not less WORKERS.—A group of workers in a service Epidermolysis Bullosa Week in order to raise than 20 percent of the sales of the workers’ sector firm, or subdivision of a service sector public awareness about the prevalence of firm certify to the Secretary that they are firm, or public agency (as defined in section epidermolysis bullosa, the impact it has on obtaining such articles or services from a 247 (7) and (8) of the Trade Act of 1974, as families, and the need for additional re- foreign country. added by section 2(d) of this Act) who— search into a cure for the disease: Now, ‘‘(2) AUTHORITY OF THE SECRETARY.—The (1) would have been certified eligible to therefore, be it Secretary may obtain the certifications apply for adjustment assistance under chap- Resolved, That the Senate— under paragraph (1) through questionnaires ter 2 of title II of the Trade Act of 1974 if the (1) supports the goals and ideals of a Na- or in such other manner as the Secretary de- amendments made by this Act had been in tional Epidermolysis Bullosa Awareness termines is appropriate. The Secretary may effect on November 4, 2002, and Week to raise public awareness and under- exercise the authority under section 249 in (2) file a petition pursuant to section 221 of standing of epidermolysis bullosa; carrying out this subsection.’’. such Act within 6 months after the date of (2) recognizes the need for a cure for the (2) AUTHORIZATION OF APPROPRIATIONS.— the enactment of this Act, shall be eligible disease; and Section 256(b) of the Trade Act of 1974 (19 for certification under section 223 of the (3) encourages the people of the United U.S.C. 2346(b)) is amended by striking Trade Act of 1974 if the workers’ last total or States and interested groups to support the ‘‘$16,000,000’’ and inserting ‘‘$32,000,000’’. partial separation from the firm or subdivi- week through appropriate ceremonies and (3) DEFINITION.—Section 261 of the Trade sion of the firm or public agency occurred on activities to promote public awareness of Act of 1974 (19 U.S.C. 2351) is amended— or after November 4, 2002 and before the date epidermolysis bullosa and to foster under- (A) by striking ‘‘For purposes of’’ and in- that is 60 days after the date of the enact- standing of the impact of the disease on pa- serting ‘‘(a) FIRM.—For purposes of’’; and ment of this Act. tients and their families.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7319 SENATE RESOLUTION 181—RECOG- to the bill H.R. 6, supra; which was ordered shall submit a report to the Congress on the NIZING JULY 1, 2005, AS THE to lie on the table. development of a memorandum of under- 100TH ANNIVERSARY OF THE SA 993. Mr. CORZINE submitted an amend- standing with the Commissioner of the Fed- ment intended to be proposed by him to the FOREST SERVICE eral Energy Regulatory Commission for a co- bill H.R. 6, supra; which was ordered to lie on ordinated process for review of coastal en- Mr. SMITH (for himself, Mr. SALA- the table. ergy activities that provides for— ZAR, Mr. CRAIG, Mr. CRAPO, Mr. BURNS, SA 994. Mr. CORZINE submitted an amend- (1) improved coordination among Federal, ment intended to be proposed by him to the regional, State, and local agencies concerned and Mr. FEINGOLD) submitted the fol- bill H.R. 6, supra; which was ordered to lie on lowing resolution; which was consid- with conducting reviews under the Coastal the table. Zone Management Act of 1972 (16 U.S.C. 1451 ered and agreed to: SA 995. Mr. CORZINE submitted an amend- et seq.); and ment intended to be proposed by him to the S. RES. 181 (2) coordinated schedules for such reviews bill H.R. 6, supra; which was ordered to lie on Whereas Congress established the Forest that ensures that, where appropriate the re- the table. Service in 1905 to provide quality water and SA 996. Mr. CORZINE submitted an amend- views are performed concurrently. timber for the benefit of the United States; ment intended to be proposed by him to the SEC. 387A. SHORT TITLE; TABLE OF CONTENTS. Whereas the mission of the Forest Service bill H.R. 6, supra; which was ordered to lie on (a) SHORT TITLE.—This section and sec- has expanded to include management of na- the table. tions 387B through 387T of this Act may be tional forests for multiple uses and benefits, SA 997. Mr. CORZINE submitted an amend- cited as the ‘‘Coastal Zone Enhancement Re- including the sustained yield of renewable ment intended to be proposed by him to the authorization Act of 2005’’. resources such as water, forage, wildlife, bill H.R. 6, supra; which was ordered to lie on (b) TABLE OF CONTENTS.—The table of con- wood, and recreation; the table. tents for the Coastal Zone Enhancement Re- Whereas the National Forest System en- SA 998. Mr. CORZINE submitted an amend- authorization Act of 2005 is as follows: compasses 192,000,000 acres in 44 States, ment intended to be proposed by him to the Sec. 387A. Short title; table of contents. Puerto Rico, and the Virgin Islands, includ- bill H.R. 6, supra; which was ordered to lie on Sec. 387B. Amendment of Coastal Zone Man- ing 155 national forests and 20 national the table. agement Act of 1972. SA 999. Mr. COCHRAN submitted an grasslands; Sec. 387C. Findings. amendment intended to be proposed by him Whereas the Forest Service significantly Sec. 387D. Policy. to the bill H.R. 6, supra; which was ordered contributes to the scientific and technical Sec. 387E. Changes in definitions. knowledge necessary to protect and sustain to lie on the table. SA 1000. Mr. NELSON, of Florida sub- Sec. 387F. Reauthorization of management natural resources on all land in the United program development grants. States; mitted an amendment intended to be pro- posed by him to the bill H.R. 6, supra; which Sec. 387G. Administrative grants. Whereas the Forest Service cooperates Sec. 387H. Coastal resource improvement with State, Tribal, and local governments, was ordered to lie on the table. SA 1001. Mr. COCHRAN submitted an program. forest industries, other private landowners, amendment intended to be proposed by him Sec. 387I. Certain Federal agency activities. and forest users in the management, protec- to the bill H.R. 6, supra; which was ordered Sec. 387J. Coastal zone management fund. tion, and development of forest land the Fed- to lie on the table. Sec. 387K. Coastal zone enhancement grants. eral Government does not own; SA 1002. Mr. COBURN submitted an Sec. 387L. Coastal community program. Whereas the Forest Service participates in amendment intended to be proposed by him Sec. 387M. Technical assistance; resources work, training, and education programs such to the bill H.R. 2361, making appropriations assessments; information sys- as AmeriCorps, Job Corps, and the Senior for the Department of the Interior, environ- tems. Community Service Employment Program; ment, and related agencies for the fiscal year Sec. 387N. Performance review. Whereas the Forest Service plays a key ending September 30, 2006, and for other pur- Sec. 387O. Walter B. Jones awards. role internationally in developing sustain- poses; which was ordered to lie on the table. Sec. 387P. National Estuarine Research Re- able forest management and biodiversity SA 1003. Mr. COBURN submitted an serve System. conservation for the protection and sound amendment intended to be proposed by him Sec. 387Q. Coastal zone management re- management of the forest resources of the to the bill H.R. 2361, supra; which was or- ports. world; dered to lie on the table. Sec. 387R. Authorization of appropriations. Whereas, from rangers to researchers and SA 1004. Mr. COBURN submitted an Sec. 387S. Deadline for decision on appeals from foresters to fire crews, the Forest Serv- amendment intended to be proposed by him of consistency determination. ice has maintained a dedicated professional to the bill H.R. 2361, supra; which was or- Sec. 387T. Sense of Congress. workforce that began in 1905 with 500 em- dered to lie on the table. SEC. 387B. AMENDMENT OF COASTAL ZONE MAN- ployees and in 2005 includes more than 30,000; SA 1005. Mr. CRAIG (for Mr. DOMENICI (for AGEMENT ACT OF 1972. and himself and Mr. BINGAMAN)) proposed an Except as otherwise expressly provided, Whereas Gifford Pinchot, the first Chief of amendment to the bill H.R. 6, To ensure jobs whenever in sections 387C through 387T of the Forest Service, fostered the idea of man- for our future with secure, affordable, and re- this Act an amendment or repeal is ex- aging for the greatest good of the greatest liable energy. pressed in terms of an amendment to, or re- SA 1006. Mr. CRAIG (for Mr. VITTER) pro- number: Now, therefore, be it peal of, a section or other provision, the ref- posed an amendment to the bill H.R. 6, Resolved, That the Senate— erence shall be considered to be made to a supra. (1) recognizes July 1, 2005 as the 100th An- section or other provision of the Coastal SA 1007. Mr. CRAIG (for Mr. BYRD) pro- niversary of the Forest Service; posed an amendment to the bill H.R. 6, Zone Management Act of 1972 (16 U.S.C. 1451 (2) commends the Forest Service of the De- supra. et seq.). partment of Agriculture for 100 years of dedi- SA 1008. Mr. CRAIG (for Ms. CANTWELL) SEC. 387C. FINDINGS. cated service managing the forests of the proposed an amendment to the bill H.R. 6, Section 302 (16 U.S.C. 1451) is amended— United States; supra. (1) by redesignating paragraphs (a) through (3) acknowledges the promise of the Forest SA 1009. Mr. CRAIG (for Mr. GRASSLEY (for (m) as paragraphs (1) through (13); Service to continue to preserve the natural himself and Mr. BAUCUS)) proposed an (2) by inserting ‘‘ports,’’ in paragraph (3) legacy of the United States for an additional amendment to the bill H.R. 6, supra. (as so redesignated) after ‘‘fossil fuels,’’; 100 years and beyond; and f (3) by inserting ‘‘including coastal waters (4) encourages the people of the United and wetlands,’’ in paragraph (4) (as so redes- States to observe the day with appropriate TEXT OF AMENDMENTS ignated) after ‘‘zone,’’; ceremonies and activities. SA 889. Ms. SNOWE (for herself and (4) by striking ‘‘therein,’’ in paragraph (4) f Mr. STEVENS) submitted an amendment (as so redesignated) and inserting ‘‘depend- AMENDMENTS SUBMITTED AND intended to be proposed by her to the ent on that habitat,’’; bill H.R. 6, to ensure jobs for our future (5) by striking ‘‘well-being’’ in paragraph PROPOSED (5) (as so redesignated) and inserting ‘‘qual- with secure, affordable, and reliable en- SA 990. Mr. KYL (for himself, Mr. LUGAR, ity of life’’; Mr. LOTT, and Mr. SCHUMER) submitted an ergy; which was ordered to lie on the (6) by inserting ‘‘integrated plans and amendment intended to be proposed by him table; as follows: strategies,’’ after ‘‘including’’ in paragraph to the bill H.R. 6, To ensure jobs for our fu- (Submitted on Wednesday, June 22, (9) (as so redesignated); ture with secure, affordable, and reliable en- 2005.) (7) by striking paragraph (11) (as so redes- ergy. On page 323, beginning with line 7, strike ignated) and inserting the following: SA 991. Mr. ALLEN submitted an amend- through line 12 on page 325 and insert the fol- ‘‘(11) Land and water uses in the coastal ment intended to be proposed by him to the lowing: zone and coastal watersheds may signifi- bill H.R. 6, supra; which was ordered to lie on SEC. 387. COORDINATION WITH FEDERAL EN- cantly affect the quality of coastal waters the table. ERGY REGULATORY COMMISSION. and habitats, and efforts to control coastal SA 992. Mr. COCHRAN submitted an Within 180 days after the date of enact- water pollution from activities in these amendment intended to be proposed by him ment of this Act, the Secretary of Commerce areas must be improved.’’; and

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7320 CONGRESSIONAL RECORD — SENATE June 23, 2005 (8) by adding at the end thereof the fol- ‘‘(C) is established to provide long-term op- among all the eligible States. The Secretary lowing: portunities for conducting scientific studies shall ensure that each eligible State receives ‘‘(14) There is a need to enhance coopera- and monitoring and educational and training increased funding under this section in any tion and coordination among states and local programs that improve the understanding, fiscal year for which the total amount appro- communities, to encourage local commu- stewardship, and management of estuaries priated to carry out this section is greater nity-based solutions that address the im- and improve coastal decisionmaking.’’; than the total amount appropriated to carry pacts and pressures on coastal resources and (4) by inserting ‘‘plans, strategies,’’ after out this section for the preceding fiscal year. on public facilities and public service caused ‘‘policies,’’ in paragraph (12); (c) ACQUISITION CRITERIA.—Section by continued coastal demands, and to in- (5) in paragraph (13)— 306(d)(10)(B) (16 U.S.C. 1455(d)(10)(B)) is crease state and local capacity to identify (A) by inserting ‘‘or alternative energy amended by striking ‘‘less than fee simple’’ public infrastructure and open space needs sources on or’’ after ‘‘natural gas’’; and inserting ‘‘other’’. and develop and implement plans which pro- (B) by striking ‘‘new or expanded’’ and in- (d) CONFORMING AMENDMENT.—Section vide for sustainable growth, resource protec- serting ‘‘new, reused, or expanded’’; and 306(d)(13)(B) (16 U.S.C. 1455(d)(13)(B)) is tion and community revitalization. (C) by striking ‘‘or production.’’ and in- amended by inserting ‘‘policies, plans, strat- ‘‘(15) The establishment of a national sys- serting ‘‘production, or other energy related egies,’’ after ‘‘specific’’. tem of estuarine research reserves will pro- purposes.’’; SEC. 387H. COASTAL RESOURCE IMPROVEMENT vide for protection of essential estuarine re- (6) by inserting ‘‘incentives, guidelines,’’ PROGRAM. sources, as well as for a network of State- after ‘‘policies,’’ in paragraph (17); and Section 306A (16 U.S.C. 1455a) is amended— based reserves that will serve as sites for (7) by adding at the end the following: (1) by inserting ‘‘or other important coast- coastal stewardship best-practices, moni- ‘‘(19) The term ‘coastal nonpoint pollution al habitats’’ in subsection (b)(1)(A) after toring, research, education, and training to control strategies and measures’ means ‘‘306(d)(9)’’; improve coastal management and to help strategies and measures included as part of (2) by inserting ‘‘or historic’’ in subsection translate science and inform coastal deci- the coastal nonpoint pollution control pro- (b)(2) after ‘‘urban’’; sionmakers and the public.’’. gram under section 6217 of the Coastal Zone (3) by adding at the end of subsection (b) SEC. 387D. POLICY. Act Reauthorization Amendments of 1990 (16 the following: Section 303 (16 U.S.C. 1452) is amended— U.S.C. 1455b). ‘‘(5) The coordination and implementation (1) by striking ‘‘the states’’ in paragraph ‘‘(20) The term ‘qualified local entity’ of approved coastal nonpoint pollution con- (2) and inserting ‘‘state and local govern- means— trol plans, strategies, and measures. ments’’; ‘‘(A) any local government; ‘‘(6) The preservation, restoration, en- (2) by inserting ‘‘plans, and strategies’’ ‘‘(B) any areawide agency referred to in hancement or creation of coastal habitats.’’; after ‘‘programs,’’ in paragraph (2); section 204(a)(1) of the Demonstration Cities (4) by inserting ‘‘planning,’’ before ‘‘engi- (3) by striking ‘‘waters,’’ each place it ap- and Metropolitan Development Act of 1966 neering’’ in subsection (c)(2)(D); pears in paragraph (2)(C) and inserting (42 U.S.C. 3334 (a)(1)); (5) by striking ‘‘and’’ after the semicolon ‘‘waters and habitats,’’; ‘‘(C) any regional agency; in subsection (c)(2)(D); (4) by striking ‘‘agencies and state and ‘‘(D) any interstate agency; (6) by striking ‘‘section.’’ in subsection wildlife agencies; and’’ in paragraph (2)(J) ‘‘(E) any nonprofit organization; or (c)(2)(E) and inserting ‘‘section;’’; and inserting ‘‘and wildlife management; ‘‘(F) any reserve established under section (7) by adding at the end of subsection (c)(2) and’’; 315.’’. the following: (5) by inserting ‘‘cooperation, coordina- SEC. 387F. REAUTHORIZATION OF MANAGEMENT ‘‘(F) work, resources, or technical support tion, and effectiveness’’ after ‘‘specificity,’’ PROGRAM DEVELOPMENT GRANTS. necessary to preserve, restore, enhance, or in paragraph (3); Section 305 (16 U.S.C. 1454) is amended to (6) by inserting ‘‘other countries,’’ after create coastal habitats; and read as follows: ‘‘agencies,’’ in paragraph (5); ‘‘(G) the coordination and implementation (7) by striking ‘‘and’’ at the end of para- ‘‘SEC. 305. MANAGEMENT PROGRAM DEVELOP- of approved coastal nonpoint pollution con- graph (5); MENT GRANTS. trol plans, strategies, measures.’’; and (8) by striking ‘‘zone.’’ in paragraph (6) and ‘‘(a) STATES WITHOUT PROGRAMS.—In fiscal (8) by striking subsections (d), (e), and (f) inserting ‘‘zone;’’; and years 2006 and 2007, the Secretary may make and inserting after subsection (c) the fol- (9) by adding at the end thereof the fol- a grant annually to any coastal state with- lowing: lowing: out an approved program if the coastal state ‘‘(d) SOURCE OF FEDERAL GRANTS; STATE ‘‘(7) to create and use a National Estuarine demonstrates to the satisfaction of the Sec- MATCHING CONTRIBUTIONS.— Research Reserve System as a Federal, state, retary that the grant will be used to develop ‘‘(1) IN GENERAL.—If a coastal state chooses and community partnership to support and a management program consistent with the to fund a project under this section, then— enhance coastal management and steward- requirements set forth in section 306. The ‘‘(A) it shall submit to the Secretary a ship through State-based conservation, mon- amount of any such grant shall not exceed combined application for grants under this itoring, research, education, outreach, and $200,000 in any fiscal year, and shall require section and section 306; training; and State matching funds according to a 4-to-1 ‘‘(B) it shall match the combined amount ‘‘(8) to encourage the development, appli- ratio of Federal-to-State contributions. of such grants in the ratio required by sec- cation, training, technical assistance, and After an initial grant is made to a coastal tion 306(a) for grants under that section; and transfer of innovative coastal management state under this subsection, no subsequent ‘‘(C) the Federal funding for the project practices and coastal and estuarine environ- grant may be made to that coastal state shall be a portion of that state’s annual allo- mental technologies and techniques to im- under this subsection unless the Secretary cation under section 306(a). prove understanding and management deci- finds that the coastal state is satisfactorily ‘‘(2) USE OF FUNDS.—Grants provided under sionmaking for the long-term conservation developing its management program. No this section may be used to pay a coastal of coastal ecosystems.’’. coastal state is eligible to receive more than state’s share of costs required under any SEC. 387E. CHANGES IN DEFINITIONS. 4 grants under this subsection. other Federal program that is consistent Section 304 (16 U.S.C. 1453) is amended— ‘‘(b) SUBMITTAL OF PROGRAM FOR AP- with the purposes of this section. (1) by striking ‘‘and the Trust Territories PROVAL.—A coastal state that has completed ‘‘(e) ALLOCATION OF GRANTS TO QUALIFIED of the Pacific Islands,’’ in paragraph (4); the development of its management program LOCAL ENTITY.—With the approval of the (2) in paragraph (6)— shall submit the program to the Secretary Secretary, the eligible coastal state may al- (A) by inserting ‘‘(ix) use or reuse of facili- for review and approval under section 306.’’. locate to a qualified local entity a portion of ties authorized under the Outer Continental SEC. 387G. ADMINISTRATIVE GRANTS. any grant made under this section for the Shelf Lands Act (43 U.S.C. 1331 et seq.) for (a) PURPOSES.—Section 306(a) (16 U.S.C. purpose of carrying out this section; except energy-related purposes or other authorized 1455(a)) is amended by striking ‘‘admin- that such an allocation shall not relieve that marine related purposes;’’ after ‘‘trans- istering that State’s management program’’ state of the responsibility for ensuring that mission facilities;’’; and and inserting ‘‘administering and imple- any funds so allocated are applied in further- (B) by striking ‘‘and (ix)’’ and inserting menting that State’s management program ance of the state’s approved management ‘‘and (x); and any plans, projects, or activities devel- program. (3) by striking paragraph (8) and inserting oped pursuant to such program, including de- ‘‘(f) ASSISTANCE.—The Secretary shall as- the following: veloping and implementing applicable coast- sist eligible coastal states in identifying and ‘‘(8) The terms ‘estuarine reserve’ and ‘es- al nonpoint pollution control program com- obtaining from other Federal agencies tech- tuarine research reserve’ mean a coastal pro- ponents,’’. nical and financial assistance in achieving tected area that— (b) EQUITABLE ALLOCATION OF FUNDING.— the objectives set forth in subsection (b).’’. ‘‘(A) may include any part or all of an es- Section 306(c) (16 U.S.C. 1455(c)) is amended SEC. 387I. CERTAIN FEDERAL AGENCY ACTIVI- tuary and any island, transitional area, and by adding at the end thereof ‘‘In promoting TIES. upland in, adjoining, or adjacent to the estu- equity, the Secretary shall consider the Section 307(c)(1) (16 U.S.C. 1456(c)(1)) is ary; overall change in grant funding under this amended by adding at the end the following: ‘‘(B) constitutes to the extent feasible a section from the preceding fiscal year and ‘‘(D) The provisions of paragraph (1)(A), natural unit; and minimize the relative increases or decreases and implementing regulations thereunder,

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7321 with respect to a Federal agency activity in- SEC. 387L. COASTAL COMMUNITY PROGRAM. SEC. 387M. TECHNICAL ASSISTANCE; RESOURCES land of the coastal zone of the State of Alas- ASSESSMENTS; INFORMATION SYS- The Act is amended by inserting after sec- TEMS. ka apply only if the activity directly and sig- tion 309 the following: nificantly affects a land or water use or a (a) IN GENERAL.—Section 310 (16 U.S.C. natural resource of the Alaskan coastal ‘‘SEC. 309A. COASTAL COMMUNITY PROGRAM. 1456c) is amended— (1) by inserting ‘‘(1)’’ before ‘‘The Sec- zone.’’. ‘‘(a) COASTAL COMMUNITY GRANTS.—The retary’’ in subsection (a); Secretary may make grants to any coastal SEC. 387J. COASTAL ZONE MANAGEMENT FUND. (2) by striking ‘‘assistance’’ in subsection state that is eligible under subsection (b)— (a) TREATMENT OF LOAN REPAYMENTS.— (a) and inserting ‘‘assistance, technology and ‘‘(1) to assist coastal communities in as- Section 308(a)(2) (16 U.S.C. 1456a(a)(2)) is methodology development, training and in- sessing and managing growth, public infra- amended to read as follows: formation transfer, resources assessment, structure, and open space needs in order to ‘‘(2) Loan repayments made under this sub- and’’; provide for sustainable growth, resource pro- section shall be retained by the Secretary (3) by adding at the end of subsection (a) tection and community revitalization; and deposited into the Coastal Zone Manage- the following: ‘‘(2) to provide management-oriented re- ment Fund established under subsection (b) ‘‘(2) Each department, agency, and instru- search and technical assistance in devel- and shall be made available to the States for mentality of the executive branch of the oping and implementing community-based grants as under subsection (b)(2). Federal Government may assist the Sec- growth management and resource protection retary, on a reimbursable basis or otherwise, (b) USE OF AMOUNTS IN FUND.—Section strategies in qualified local entities; 308(b) (16 U.S.C. 1456a(b)) is amended by in carrying out the purposes of this section, ‘‘(3) to fund demonstration projects which including the furnishing of information to striking paragraphs (2) and (3) and inserting have high potential for improving coastal the following: the extent permitted by law, the transfer of zone management at the local level; personnel with their consent and without ‘‘(2) Subject to appropriation Acts, ‘‘(4) to assist in the adoption of plans, amounts in the Fund shall be available to prejudice to their position and rating, and strategies, policies, or procedures to support the performance of any research, study, and the Secretary to make grants to the States local community-based environmentally-pro- for— technical assistance which does not interfere tective solutions to the impacts and pres- with the performance of the primary duties ‘‘(A) projects to address coastal and ocean sures on coastal uses and resources caused management issues which are regional in of such department, agency, or instrumen- by development and sprawl that will— tality. The Secretary may enter into con- scope, including intrastate and interstate ‘‘(A) revitalize previously developed areas; projects; and tracts or other arrangements with any quali- ‘‘(B) undertake conservation activities and fied person for the purposes of carrying out ‘‘(B) projects that have high potential for projects in undeveloped and environmentally improving coastal zone and watershed man- this subsection.’’; sensitive areas; (4) by striking ‘‘and research activities,’’ in agement. ‘‘(C) emphasize water-dependent uses; and ‘‘(3) Projects funded under this subsection subsection (b)(1) and inserting ‘‘research ac- ‘‘(D) protect coastal waters and habitats; tivities, and other support services and ac- shall apply an integrated, watershed-based and management approach and advance the pur- tivities’’; ‘‘(5) to assist coastal communities to co- (5) by inserting after ‘‘Secretary.’’ in sub- pose of this Act to preserve, protect, develop, ordinate and implement approved coastal and where possible, to restore or enhance, section (b)(1) the following: ‘‘The Secretary nonpoint pollution control strategies and may conduct a program to develop and apply the resources of the Nation’s coastal zone for measures that reduce the causes and impacts this and succeeding generations.’’. innovative coastal and estuarine environ- of polluted runoff on coastal waters and mental technology and methodology through SEC. 387K. COASTAL ZONE ENHANCEMENT habitats.’’. a cooperative program, and to support the GRANTS. ‘‘(b) ELIGIBILITY.—To be eligible for a grant development, application, training and tech- Section 309 (16 U.S.C. 1456b) is amended— under this section for a fiscal year, a coastal nical assistance, and transfer of effective (1) by striking subsection (a)(1) and insert- state shall— coastal management practices. The Sec- ing the following: ‘‘(1) have a management program approved retary may make extramural grants in car- ‘‘(1) Protection, restoration, enhancement, under section 306; and rying out the purpose of this subsection.’’; or creation of coastal habitats, including ‘‘(2) in the judgment of the Secretary, be (6) by inserting after ‘‘section.’’ in sub- wetlands, coral reefs, marshes, and barrier making satisfactory progress in activities section (b)(3) the following: ‘‘The Secretary islands.’’; designed to result in significant improve- shall establish regional advisory committees (2) by inserting ‘‘and removal’’ after ment in achieving the coastal management including representatives of the Governors of ‘‘entry’’ in subsection (a)(4); objectives specified in section 303(2)(A) each state within the region, universities, (3) by striking ‘‘on various individual uses through (K). colleges, coastal and marine laboratories, or activities on resources, such as coastal ‘‘(c) ALLOCATIONS; SOURCE OF FEDERAL Sea Grant College programs within the re- wetlands and fishery resources.’’ in sub- GRANTS; STATE MATCHING CONTRIBUTIONS.— gion and representatives from the private section (a)(5) and inserting ‘‘of various indi- ‘‘(1) ALLOCATION.—Grants under this sec- and public sector with relevant expertise. vidual uses or activities on coastal waters, tion shall be allocated to coastal states as The Secretary will report to the regional ad- habitats, and resources, including sources of provided in section 306(c). visory committees on activities undertaken polluted runoff.’’; ‘‘(2) APPLICATION; MATCHING.—If a coastal by the Secretary and other agencies pursu- (4) by adding at the end of subsection (a) state chooses to fund a project under this ant to this section, and the regional advisory the following: section, then— committees shall identify research, tech- ‘‘(10) Development and enhancement of ‘‘(A) it shall submit to the Secretary a nical assistance and information needs and coastal nonpoint pollution control program combined application for grants under this priorities. The regional advisory committees components, strategies, and measures, in- section and section 306; and are not subject to the requirements of the cluding the satisfaction of conditions placed ‘‘(B) it shall match the amount of the Federal Advisory Committee Act (5 U.S.C. on such programs as part of the Secretary’s grant under this section on the basis of a App.).’’; and approval of the programs. total contribution of section 306, 306A, and (7) by adding at the end the following: ‘‘(11) Significant emerging coastal issues this section so that, in aggregate, the match ‘‘(c)(1) The Secretary shall consult with as identified by coastal states, in consulta- is 1:1. the regional advisory committees concerning tion with the Secretary and qualified local the development of a coastal resources as- ‘‘(d) ALLOCATION OF GRANTS TO QUALIFIED entities.’’; sessment and information program to sup- LOCAL ENTITY.— (5) by striking ‘‘changes’’ and inserting port development and maintenance of inte- ‘‘(1) IN GENERAL.—With the approval of the ‘‘changes, or for projects that demonstrate grated coastal resource assessments of state Secretary, the eligible coastal state may al- significant potential for improving ocean re- natural, cultural and economic attributes, locate to a qualified local entity amounts re- source management or integrated coastal and coastal information programs for the ceived by the state under this section. and watershed management at the local, collection and dissemination of data and in- ‘‘(2) ASSURANCES.—A coastal state shall en- state or regional level,’’; formation, product development, and out- sure that amounts allocated by the state (6) by striking ‘‘proposals, taking into ac- reach based on the needs and priorities of under paragraph (1) are used by the qualified count the criteria established by the Sec- coastal and ocean managers and user groups. retary under subsection (d).’’ in subsection local entity in furtherance of the state’s ap- ‘‘(2) The Secretary shall assist coastal (c) and inserting ‘‘proposals.’’; proved management program, specifically states in identifying and obtaining financial (7) by striking subsection (d) and redesig- furtherance of the coastal management ob- and technical assistance from other Federal nating subsection (e) as subsection (d); jectives specified in section 303(2). agencies and may make grants to states in (8) by striking ‘‘in implementing this sec- ‘‘(e) ASSISTANCE.—The Secretary shall as- carrying out the purpose of this section and tion, up to a maximum of $10,000,000 annu- sist eligible coastal states and qualified local to provide ongoing support for state resource ally’’ in subsection (f) and inserting ‘‘for entities in identifying and obtaining from assessment and information programs.’’. grants to the States.’’; and other Federal agencies technical and finan- (b) CONFORMING AMENDMENT.—The section (9) by redesignating subsections (f) and (g) cial assistance in achieving the objectives heading for section 310 (16 U.S.C. 1456c) is as subsections (e) and (f), respectively. set forth in subsection (a).’’. amended to read as follows:

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7322 CONGRESSIONAL RECORD — SENATE June 23, 2005 ‘‘SEC. 310. TECHNICAL ASSISTANCE, RESOURCES (7) by striking ‘‘data,’’ in paragraph (3) and which are consistent with the purposes and ASSESSMENTS, AND INFORMATION inserting ‘‘information,’’; policies of this section; and SYSTEMS. (8) by striking ‘‘research’’ before ‘‘results’’ ‘‘(B) accept donations of funds and services SEC. 387N. PERFORMANCE REVIEW. in paragraph (3); Section 312(a) (16 U.S.C. 1458(a)) is amend- for use in carrying out the purposes and poli- (9) by striking ‘‘research purposes;’’ in ed— cies of this section, other than general ad- paragraph (3) and inserting ‘‘research, edu- (1) by striking ‘‘continuing review of the ministration of reserves or the System and cation, and resource stewardship purposes;’’; performance’’ and inserting ‘‘periodic re- which are consistent with the purposes and (10) by striking ‘‘research efforts’’ in para- view, no less frequently than every 5 years, policies of this section. graph (4) and inserting ‘‘research, education, of the administration, implementation, and Donations accepted under this section shall and resource stewardship efforts’’; performance’’; be considered as a gift or bequest to or for (11) by striking ‘‘research’’ in paragraph (5) (2) by striking ‘‘management.’’ and insert- the use of the United States for the purpose and inserting ‘‘research, education, and re- of carrying out this section.’’. ing ‘‘management programs.’’; source stewardship’’; and (3) by striking ‘‘has implemented and en- (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is (12) by striking ‘‘research’’ in the last sen- amended by inserting ‘‘coordination with forced’’ and inserting ‘‘has effectively ad- tence. ministered, implemented, and enforced’’; other state programs established under sec- (d) Section 315(d) (16 U.S.C. 1461(d)) is tions 306 and 309A,’’ after ‘‘including’’. (4) by striking ‘‘addressed the coastal man- amended— SEC. 387Q. COASTAL ZONE MANAGEMENT RE- agement needs identified’’ and inserting (1) by striking ‘‘ESTUARINE RESEARCH.—’’ ‘‘furthered the national coastal policies and PORTS. in the subsection caption and inserting ‘‘ES- Section 316 (16 U.S.C. 1462) is amended— objectives set forth’’ after ‘‘Secretary,’’; and TUARINE RESEARCH, EDUCATION, AND RE- (5) by inserting ‘‘coordinated with National (1) by striking ‘‘to the President for trans- SOURCE STEWARDSHIP.—’’; mittal’’ in subsection (a); Estuarine Research Reserves in the state’’ (2) by striking ‘‘research purposes’’ and in- (2) by striking ‘‘zone and an evaluation of after ‘‘303(2)(A) through (K),’’. serting ‘‘research, education, and resource the effectiveness of financial assistance SEC. 387O. WALTER B. JONES AWARDS. stewardship purposes’’; under section 308 in dealing with such con- Section 314 (16 U.S.C. 1460) is amended— (3) by striking paragraph (1) and inserting sequences;’’ and inserting ‘‘zone;’’ in the pro- (1) by striking ‘‘shall, using sums in the the following: vision designated as (10) in subsection (a); Coastal Zone Management Fund established ‘‘(1) giving reasonable priority to research, (3) by inserting ‘‘education,’’ after the under section 308’’ in subsection (a) and in- education, and stewardship activities that ‘‘studies,’’ in the provision designated as (12) serting ‘‘may, using sums available under use the System in conducting or supporting in subsection (a); this Act’’; activities relating to estuaries; and’’; (4) by striking ‘‘Secretary’’ in the first sen- (2) by striking ‘‘field.’’ in subsection (a) (4) by striking ‘‘research.’’ in paragraph (2) and inserting the following: ‘‘field of coastal and inserting ‘‘research, education, and re- tence of subsection (c)(1) and inserting ‘‘Sec- zone management. These awards, to be source stewardship activities.’’; and retary, in consultation with coastal states, known as the ‘Walter B. Jones Awards’, may (5) by adding at the end thereof the fol- and with the participation of affected Fed- include— lowing: eral agencies,’’; ‘‘(1) cash awards in an amount not to ex- ‘‘(3) establishing partnerships with other (5) by striking the second sentence of sub- ceed $5,000 each; Federal and state estuarine management section (c)(1) and inserting the following: ‘‘(2) research grants; and programs to coordinate and collaborate on ‘‘The Secretary, in conducting such a review, ‘‘(3) public ceremonies to acknowledge estuarine research.’’. shall coordinate with, and obtain the views such awards.’’; (e) Section 315(e) (16 U.S.C. 1461(e)) is of, appropriate Federal agencies.’’; (3) by striking ‘‘shall elect annually—’’ in amended— (6) by striking ‘‘shall promptly’’ in sub- subsection (b) and inserting ‘‘may select an- (1) by striking ‘‘reserve,’’ in paragraph section (c)(2) and inserting ‘‘shall, within 4 nually if funds are available under sub- (1)(A)(i) and inserting ‘‘reserve; and’’; years after the date of enactment of the section (a)—’’; and (2) by striking ‘‘and constructing appro- Coastal Zone Enhancement Reauthorization (4) by striking subsection (e). priate reserve facilities, or’’ in paragraph Act of 2005,’’; and (7) by adding at the end of subsection (c)(2) SEC. 387P. NATIONAL ESTUARINE RESEARCH RE- (1)(A)(ii) and inserting ‘‘including resource SERVE SYSTEM. stewardship activities and constructing re- the following: ‘‘If sufficient funds and re- (a) Section 315(a) (16 U.S.C. 1461(a)) is serve facilities; and’’; sources are not available to conduct such a amended by striking ‘‘consists of—’’ and in- (3) by striking paragraph (1)(A)(iii); review, the Secretary shall so notify the serting ‘‘is a network of areas protected by (4) by striking paragraph (1)(B) and insert- Congress.’’. Federal, state, and community partnerships ing the following: SEC. 387R. AUTHORIZATION OF APPROPRIA- which promotes informed management of ‘‘(B) to any coastal state or public or pri- TIONS. the Nation’s estuarine and coastal areas vate person for purposes of— Section 318 (16 U.S.C. 1464) is amended— through interconnected programs in resource ‘‘(i) supporting research and monitoring (1) by striking paragraphs (1) and (2) of stewardship, education and training, moni- associated with a national estuarine reserve subsection (a) and inserting the following: toring, research, and scientific under- that are consistent with the research guide- ‘‘(1) for grants under sections 306, 306A, and standing consisting of—’’. lines developed under subsection (c); or 309— (b) Section 315(b)(2) ((16 U.S.C. 1461(b)(2)) is ‘‘(ii) conducting educational, interpretive, ‘‘(A) $90,500,000 for fiscal year 2006, amended— or training activities for a national estua- ‘‘(B) $94,000,000 for fiscal year 2007, (1) by inserting ‘‘for each coastal state or rine reserve that are consistent with the ‘‘(C) $98,000,000 for fiscal year 2008, territory’’ after ‘‘research’’ in subparagraph education guidelines developed under sub- ‘‘(D) $102,000,000 for fiscal year 2009, and (A); section (c).’’; ‘‘(E) $106,000,000 for fiscal year 2010; (2) by striking ‘‘public awareness and’’ in (5) by striking ‘‘therein or $5,000,000, which- ‘‘(2) for grants under section 309A— subparagraph (C) and inserting ‘‘state coast- ever amount is less.’’ in paragraph (3)(A) and ‘‘(A) $29,000,000 for fiscal year 2006, al management, public awareness, and’’; and inserting ‘‘therein. Non-Federal costs associ- ‘‘(B) $30,000,000 for fiscal year 2007, (3) by striking ‘‘public education and inter- ated with the purchase of any lands and ‘‘(C) $31,000,000 for fiscal year 2008, pretation; and’’; in subparagraph (C) and in- waters, or interests therein, which are incor- ‘‘(D) $32,000,000 for fiscal year 2009, and serting ‘‘education, interpretation, training, porated into the boundaries of a reserve up ‘‘(E) $32,000,000 for fiscal year 2010, and demonstration projects; and’’. to 5 years after the costs are incurred, may of which $10,000,000, or 35 percent, whichever (c) Section 315(c) (16 U.S.C. 1461(c)) is be used to match the Federal share.’’; is less, shall be for purposes set forth in sec- amended— (6) by striking ‘‘and (iii)’’ in paragraph tion 309A(a)(5); (1) by striking ‘‘RESEARCH’’ in the sub- (3)(B); ‘‘(3) for grants under section 315— section caption and inserting ‘‘RESEARCH, (7) by striking ‘‘paragraph (1)(A)(iii)’’ in ‘‘(A) $37,000,000 for fiscal year 2006, EDUCATION, AND RESOURCE STEWARDSHIP’’; paragraph (3)(B) and inserting ‘‘paragraph ‘‘(B) $38,000,000 for fiscal year 2007, (2) by striking ‘‘conduct of research’’ and (1)(B)’’; ‘‘(C) $39,000,000 for fiscal year 2008, inserting ‘‘conduct of research, education, (8) by striking ‘‘entire System.’’ in para- ‘‘(D) $40,000,000 for fiscal year 2009, and and resource stewardship’’; graph (3)(B) and inserting ‘‘System as a ‘‘(E) $41,000,000 for fiscal year 2010, (3) by striking ‘‘coordinated research’’ in whole.’’; and of which up to $15,000,000 may be used by the paragraph (1)) and inserting ‘‘coordinated re- (9) by adding at the end thereof the fol- Secretary in each of fiscal years 2006 through search, education, and resource steward- lowing: 2010 for grants to fund construction and ac- ship’’; ‘‘(4) The Secretary may— quisition projects at estuarine reserves des- (4) by striking ‘‘research’’ before ‘‘prin- ‘‘(A) enter into cooperative agreements, fi- ignated under section 315; ciples’’ in paragraph (2); nancial agreements, grants, contracts, or ‘‘(4) for costs associated with admin- (5) by striking ‘‘research programs’’ in other agreements with any nonprofit organi- istering this title, $7,500,000 for fiscal year paragraph (2) and inserting ‘‘research, edu- zation, authorizing the organization to so- 2006 and such sums as are necessary for fiscal cation, and resource stewardship programs’’; licit donations to carry out the purposes and years 2007 through 2010.’’; and (6) by striking ‘‘research’’ before ‘‘meth- policies of this section, other than general ‘‘(5) for grants under section 310 to support odologies’’ in paragraph (3); administration of reserves or the System and State pilot projects to implement resource

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7323 assessment and information programs, SEC. 387T. SENSE OF CONGRESS. 2160d) has ever caused, or is likely to cause, $6,000,000 for each of fiscal years 2006 and It is the sense of Congress that the Under- an interruption in the production and supply 2007.’’; secretary for Oceans and Atmosphere should of medical isotopes in needed quantities; (2) by striking ‘‘306 or 309.’’ in subsection re-evaluate the calculation of shoreline mile- (G) whether the United States supply of (b) and inserting ‘‘306.’’; age used in the distribution of funding under isotopes is sufficiently diversified to with- (3) by striking ‘‘during the fiscal year, or the Coastal Zone Management Program to stand an interruption of production from any during the second fiscal year after the fiscal ensure equitable treatment of all regions of 1 supplier, and, if not, what steps should be year, for which’’ in subsection (c) and insert- the coastal zone, including the Southeastern taken to diversify United States supply; and ing ‘‘within 3 years from when’’; States and the Great Lakes States. (H) any other aspects of implementation of (4) by striking ‘‘under the section for such section 134 of of the Atomic Energy Act of reverted amount was originally made avail- SA 990. Mr. KYL (for himself, Mr. 1954 (42 U.S.C. 2160d) that have a bearing on able.’’ in subsection (c) and inserting ‘‘to LUGAR, Mr. LOTT, and Mr. SCHUMER) Federal nonproliferation and antiterrorism states under this Act.’’; and submitted an amendment intended to laws (including regulations) and policies. (5) by adding at the end thereof the fol- be proposed by him to the bill H.R. 6, (3) TIMING; CONSULTATION.—The National lowing: to ensure jobs for our future with se- Academy of Sciences study shall be— ‘‘(d) PURCHASE OF OTHERWISE UNAVAILABLE cure, affordable, and reliable energy; as (A) conducted in full consultation with the FEDERAL PRODUCTS AND SERVICES.—Federal follows: Secretary of State, the staff of the Reduced funds allocated under this title may be used Enrichment in Research and Test Reactors In lieu of the matter proposed to be in- by grantees to purchase Federal products program at Argonne National Laboratory, serted, insert the following: and services not otherwise available. and other interested organizations and indi- ‘‘(e) RESTRICTIONS ON USE OF AMOUNTS.— SEC. 621. MEDICAL ISOTOPE PRODUCTION: NON- viduals with expertise in nuclear non- PROLIFERATION, ANTITERRORISM, ‘‘(1) USE OF AMOUNTS FOR PROGRAM, ADMIN- AND RESOURCE REVIEW. proliferation; and ISTRATIVE, OR OVERHEAD COSTS.—Except for (a) DEFINITIONS.—In this section: (B) submitted to Congress not later than 18 funds appropriated under subsection (a)(4), (1) HIGHLY ENRICHED URANIUM FOR MEDICAL months after the date of enactment of this shall not be available for other program, ad- ISOTOPE PRODUCTION.—The term ‘‘highly en- Act. ministrative, or overhead costs of the Na- riched uranium for medical isotope produc- tional Oceanic and Atmospheric Administra- tion’’ means highly enriched uranium con- SA 991. Mr. ALLEN submitted an tion or the Department of Commerce. tained in, or for use in, targets to be irradi- amendment intended to be proposed by ‘‘(2) GRANTS TO STATES.—Funds appro- ated for the sole purpose of producing med- him to the bill H.R. 6, to ensure jobs priated pursuant to subsections (a)(1) and ical isotopes. for our future with secure, affordable, (a)(2) shall be made available only for grants (2) MEDICAL ISOTOPES.—The term ‘‘medical and reliable energy; which was ordered to States.’’. isotopes’’ means radioactive isotopes, includ- to lie on the table; as follows: SEC. 387S. DEADLINE FOR DECISION ON APPEALS ing molybdenum-99, that are used to produce OF CONSISTENCY DETERMINATION. radiopharmaceuticals for diagnostic or SEC. 13ll. STUDY OF FEASIBILITY AND EFFECTS OF NATURAL GAS-ONLY LEASING. (a) IN GENERAL.—Section 319 (16 U.S.C. therapeutic procedures on patients. 1465) is amended to read as follows: (b) STUDY.— (a) IN GENERAL.—Not later than 90 days ‘‘SEC. 319. APPEALS TO THE SECRETARY. (1) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall initiate a ‘‘(a) NOTICE.—Not later than 30 days after after the date of enactment of this Act, the the date of the filing of an appeal to the Sec- Secretary shall enter into an arrangement study of the feasibility and effects of offering retary of a consistency determination under with the National Academy of Sciences for a natural gas-only option as part of lease section 307, the Secretary shall publish an the conduct of a study of issues associated sales held in accordance with the Outer Con- initial notice in the Federal Register. with section 134 of the Atomic Energy Act of tinental Shelf Lands Act (43 U.S.C. 1331 et ‘‘(b) CLOSURE OF RECORD.— 1954 (42 U.S.C. 2160d), including issues associ- seq.). (b) SUBJECTS OF THE STUDY.—The study ‘‘(1) IN GENERAL.—Not later than the end of ated with the implementation of that sec- the 270-day period beginning on the date of tion. under this section shall include— (1) an examination of what constitutes gas, publication of an initial notice under sub- (2) CONTENTS.—The study shall include an section (a), except as provided in paragraph analysis of— condensate, and oil; (3), the Secretary shall immediately close (A) the effectiveness to date of section 134 (2) an examination of what constitutes the the decision record and receive no more fil- of the Atomic Energy Act of 1954 (42 U.S.C. rights and obligations of a lessee regarding ings on the appeal. 2160d) in facilitating the conversion of for- condensate produced in association with a natural gas-only lease; and ‘‘(2) NOTICE.—After closing the administra- eign reactor fuel and targets to low-enriched tive record, the Secretary shall immediately uranium, which reduces the risk that highly (3) an analysis of the potential effects of publish a notice in the Federal Register that enriched uranium will be diverted and sto- offering a natural gas-only option as part of the administrative record has been closed. len; a lease sale on— (A) natural gas supplies; ‘‘(3) EXCEPTION.— (B) the degree to which isotope producers (B) total hydrocarbon production; and ‘‘(A) IN GENERAL.—Subject to subparagraph that rely on United States highly enriched (B), during the 270-day period described in uranium are complying with the intent of (C) industry interest. EPORT.—Not later than 1 year after paragraph (1), the Secretary may stay the section 134 of the Atomic Energy Act of 1954 (c) R the date of initiation of the study under this closing of the decision record— (42 U.S.C. 2160d) to expeditiously convert tar- section, the Secretary shall submit to Con- ‘‘(i) for a specific period mutually agreed gets to low-enriched uranium; gress a report on the findings, conclusion, to in writing by the appellant and the State (C) the adequacy of physical protection and and recommendations of the study. agency; or material control and accounting measures at (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) as the Secretary determines necessary foreign facilities that receive United States There are authorized to be appropriated such to receive, on an expedited basis— highly enriched uranium for medical isotope sums as are necessary to carry out this sec- ‘‘(I) any supplemental information specifi- production, in comparison to Nuclear Regu- tion. cally requested by the Secretary to complete latory Commission regulations and Depart- ment administrative requirements; a consistency review under this Act; or Mr. COCHRAN submitted an ‘‘(II) any clarifying information submitted (D) the likely consequences of an exemp- SA 992. by a party to the proceeding related to infor- tion of highly enriched uranium exports for amendment intended to be proposed by mation already existing in the sole record. medical isotope production from section him to the bill H.R. 6, to ensure jobs ‘‘(B) APPLICABILITY.—The Secretary may 134(a) of the Atomic Energy Act of 1954 (42 for our future with secure, affordable, only stay the 270-day period described in U.S.C. 2160d(a)) for— and reliable energy; which was ordered paragraph (1) for a period not to exceed 60 (i) United States efforts to eliminate high- to lie on the table; as follows: days. ly enriched uranium commerce worldwide Beginning on page 1, strike line 6 and all ‘‘(c) DEADLINE FOR DECISION.— through the support of the Reduced Enrich- that follows through page 2, line 3, and insert ‘‘(1) IN GENERAL.—Not later than 90 days ment in Research and Test Reactors pro- the following: after the date of publication of a Federal gram; and Power Act (16 U.S.C. 824k(j)) is amended by Register notice stating when the decision (ii) other United States nonproliferation striking ‘‘October 1, 1991’’ and inserting record for an appeal has been closed, the Sec- and antiterrorism initiatives; ‘‘April 1, 2005’’. retary shall issue a decision or publish a no- (E) incentives that could supplement the tice in the Federal Register explaining why a incentives of section 134 of the Atomic En- SA 993. Mr. CORZINE submitted an decision cannot be issued at that time. ergy Act of 1954 (42 U.S.C. 2160d) to further amendment intended to be proposed by ‘‘(2) SUBSEQUENT DECISION.—Not later than encourage foreign medical isotope producers 45 days after the date of publication of a Fed- to convert from highly enriched uranium to him to the bill H.R. 6, to ensure jobs eral Register notice explaining why a deci- low-enriched uranium; for our future with secure, affordable, sion cannot be issued within the 90-day pe- (F) whether implementation of section 134 and reliable energy; which was ordered riod, the Secretary shall issue a decision.’’. of the Atomic Energy Act of 1954 (42 U.S.C. to lie on the table; as follows:

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7324 CONGRESSIONAL RECORD — SENATE June 23, 2005 1. On page 3, Line 18–20, strike ‘‘the con- the lease area, as determined under section him to the bill H.R. 6, to ensure jobs sent of the Governor of the State adjacent to 18(i)(2)(B)(i),’’ and replace with ‘‘the consent for our future with secure, affordable, the lease area, as determined under section of the Governors and State Legislatures of and reliable energy; which was ordered 18(i)(2)(B)(i),’’ and replace with ‘‘the consent all other States in the Union’’ to lie on the table; as follows: of the Governors and State Legislatures of 2. On page 4, after ‘‘and’’ insert’’ the ‘‘the all other States in the Union’’ Governors of all other States in the Union’’ 1. On page 3, line 18–20, strike ‘‘the consent 2. On page 4, after ‘‘and’’ insert ‘‘the Gov- 3. On page 5, line 17, after ‘‘any’’ insert of the Governor of the State adjacent to the ernors of all other States in the Union’’ ‘‘time and with the consent of all other lease area, as determined under section 3. On page 5, line 17, after ‘‘any’’ insert States in the Union’’ 18(i)(2)(B)(i),’’ and replace with ‘‘the consent ‘‘time and with the consent of all other 4. On page 7, Line 14, strike ‘‘may’’ and re- of the Governors and State Legislatures of States in the Union’’ place with ‘‘may, with the consent of all all other States in the Union with a coast’’. 4. On page 10, Line 18, strike ‘‘20 miles’’ and other States in the Union,’’ 2. On page 4, after ‘‘and’’ insert ‘‘the Gov- replace with ‘‘4,000’’ miles’’ 5. On page 7, Line 18, replace ‘‘State,’’ with ernors of all other States in the Union with 5. On page 10, Line 25, strike ‘‘20 miles’’ and ‘‘State.’’ a coast’’. replace with ‘‘4,000’’ miles’’ 6. On page 7, Lines 18–20, strike ‘‘in accord- 3. On page 5, line 17, after ‘‘any’’ insert 6. On page 11, strike lies 3–20 ance with the lateral boundaries delineated ‘‘time and with the consent of all other 7. On page 11, Line 9, strike ‘‘25 percent’’ under paragraph (2)(B)(i) States in the Union with a coast’’. and replace with ‘‘0.1 percent’’ 7. On page 9, Line 13, strike ‘‘without’’ and 4. On page 7, line 14, strike ‘‘may’’ and re- 8. On page 11, Line 14, strike ‘‘25 percent’’ replace with ‘‘with’’ place with ‘‘may, with the consent of all and replace with ‘‘0.1 percent’’ 8. On page 9, Line 14, strike ‘‘with any other States in the Union with a coast’’. 19. On page 12, Line 2, strike ‘‘12.5 percent’’ State’’ and replace with ‘‘with every State in 5. On page 7, line 18, replace ‘‘State,’’ with and replace with ‘‘0.1 percent’’ the Union’’ ‘‘State.’’ 10. On page 12, Line 4, strike 9. On page 10, Line 16, strike ‘‘20 miles’’ and 6. On page 7, lines 18–20, strike ‘‘in accord- ‘‘$1,250,000,000’’ and replace with ‘‘$500,000’’ replace with ‘‘4,000’’ miles’’ ance with the lateral boundaries delineated 10. On page 10, Line 17, strike ‘‘(or the under paragraph (2)(B)(i). SA 994. Mr. CORZINE submitted an boundaries of the State as delineated under 7. On page 9, line 13, strike ‘‘without’’ and amendment intended to be proposed by paragraph (2)(B)),’’ replace with ‘‘with’’. him to the bill H.R. 6, To ensure jobs 11. On page 10, Line 25, strike ‘‘20 miles’’ 8. On page 9, line 14, strike ‘‘with any for our future with secure, affordable, and replace with ‘‘4,000 miles’’ State’’ and replace with ‘‘with every State with a coast’’. and reliable energy; which was ordered 12. On page 11, Line 9, strike ‘‘25 percent’’ and replace with ‘‘0.1 percent’’ 9. On page 10, line 16, strike ‘‘20 miles’’ and to lie on the table; as follows: 13. On page 11, Line 14, strike ‘‘25 percent’’ replace with ‘‘4,000’’ miles’’. On page 3, strike Line 18, and insert ‘‘the and replace with ‘‘0.1 percent’’ 10. On page 10, line 17, strike ‘‘(or the consent of the Governor and State Legisla- 14. On page 12, Line 2, strike ‘‘12.5 percent’’ boundaries of the State as delineated under tures of all other states in the Union’’ and replace with ‘‘0.1 percent’’ paragraph (2)(B))’’. 15. On page 12, Line 4, strike 11. On page 10, line 25, strike ‘‘20 miles’’ SA 995. Mr. CORZINE submitted an ‘‘$1,250,000,000’’ and replace with ‘‘$500,000’’ and replace with ‘‘4,000 miles’’. amendment intended to be proposed by 12. On page 11, line 9, strike ‘‘25 percent’’ him to the bill H.R. 6, to ensure jobs SA 997. Mr. CORZINE submitted an and replace with ‘‘0.1 percent’’. for our future with secure, affordable, amendment intended to be proposed by 13. On page 11, line 14, strike ‘‘25 percent’’ him to the bill H.R. 6, to ensure jobs and replace with ‘‘0.1 percent’’. and reliable energy; which was ordered 14. On page 12, line 2, strike ‘‘12.5 percent’’ to lie on the table; as follows: for our future with secure, affordable, and replace with ‘‘0.1 percent’’. 1. On page 3, Line 18–20, strike ‘‘the con- and reliable energy; which was ordered 15. On page 12, line 4, strike ‘‘$1,250,000,000’’ sent of the Governor of the State adjacent to to lie on the table; as follows: and replace with ‘‘$500,000’’. the lease area, as determined under section 1. On page 3, line 18–20, strike ‘‘the consent l8(i)(2)(B)(i),’’ and replace with ‘‘the consent of the Governor of the State adjacent to the SA 999. Mr. COCHRAN submitted an of the Governors and State Legislatures of lease area, as determined under section amendment intended to be proposed by all other States in the Union’’ l8(i)(2)(B)(i),’’ and replace with ‘‘the consent 2. On page 4, after ‘‘and’’ insert’’ the ‘‘the him to the bill H.R. 6, to ensure jobs of the Governors and State Legislatures of Governors of all other States in the Union’’ for our future with secure, affordable, all other States in the Union with a coast’’. 3. On page 5, line 17, after ‘‘any’’ insert and reliable energy; which was ordered 2. On page 4, after ‘‘and’’ insert ‘‘the Gov- ‘‘time and with the consent of all other ernors of all other States in the Union with to lie on the table; as follows: States in the Union’’ a coast’’. Beginning on page 1, strike line 7: ‘‘April 1, 4. On page 7, Line 14, strike ‘‘may’’ and re- 3. On page 5, line 17, after ‘‘any’’ insert 2005’’, and insert ‘‘October 1, 1991.’’ place with ‘‘may, with the consent of all ‘‘time and with the consent of all other other States in the Union,’’ States in the Union with a coast’’. SA 1000. Mr. NELSON of Florida sub- 5. On page 7, Line 18, replace ‘‘State,’’ with 4. On page 7, line 14, strike ‘‘may’’ and re- mitted an amendment intended to be ‘‘State.’’ place with ‘‘may, with the consent of all 6. On page 7, Lines 18–20, strike ‘‘in accord- proposed by him to the bill H.R. 6, to other States in the Union with a coast’’. ance with the lateral boundaries delineated ensure jobs for our future with secure, 5. On page 7, line 18, replace ‘‘State,’’ with under paragraph (2)(B)(i) affordable, and reliable energy; which ‘‘State.’’ 7. On page 9, Line 13, strike ‘‘without’’ and was ordered to lie on the table; as fol- 6. On page 7, lines 18–20, strike ‘‘in accord- replace with ‘‘with’’ ance with the lateral boundaries delineated lows: 8. On page 9, Line 14, strike ‘‘with any under paragraph (2)(B)(i). On page 12, strike line 16 and insert the fol- State’’ and replace with ‘‘with every State in 7. On page 9, line 13, strike ‘‘without’’ and lowing: the Union’’ replace with ‘‘with’’. ‘‘(5) MORATORIA OPT OUT REQUIREMENTS.— 9. On page 10, Line 16, strike ‘‘20 miles’’ and 8. On page 9, line 14, strike ‘‘with any Any State with a legislative outer Conti- replace with ‘‘4,000’’ miles’’ State’’ and replace with ‘‘with every State in nental Shelf moratorium on leasing, pre- 10. On page 10, Line 17, strike ‘‘(or the the Union with a coast’’. leasing, and related activities protecting boundaries of the State as delineated under 9. On page 10, line 16, strike ‘‘20 miles’’ and Federal waters adjoining the coastline of the paragraph (2)(B)),’’ replace with ‘‘4,000’’ miles’’. State through the congressional appropria- 11. On page 10, Line 25, strike ‘‘20 miles’’ 10. On page 10, line 17, strike ‘‘(or the tions process as of January 1, 2002, may opt and replace with ‘‘4,000 miles’’ boundaries of the State as delineated under out of the moratorium after the date of en- 12. On page 11, strike lines 3–20 13. On page 12, Line 2, strike ‘‘12.5 percent’’ paragraph (2)(B)),’’. actment of the Energy Policy Act of 2005 11. On page 10, line 25, strike ‘‘20 miles’’ and replace with ‘‘0.1 percent’’ with respect to any portion of the coastal 14. On page 12, Line 4, strike and replace with ‘‘4,000 miles’’. waters of the State only with— 12. On page 11, line 9, strike ‘‘25 percent’’ ‘‘$1,250,000,000’’ and replace with ‘‘$500,000’’ ‘‘(A) the explicit concurrence of the Gov- and replace with ‘‘0.1 percent’’. ernor of the State and the State legislature SA 996. Mr. CORZINE submitted an 13. On page 11, line 14, strike ‘‘25 percent’’ and the Governors and State legislatures of and replace with ‘‘0.1 percent’’. amendment intended to be proposed by the 2 coastal States adjoining the State; and 14. On page 12, line 2, strike ‘‘12.5 percent’’ ‘‘(B) the concurrence of the Regional Fish- him to the bill H.R. 6, to ensure jobs and replace with ‘‘0.1 percent’’. ery Management Council with jurisdiction for our future with secure, affordable, 15. On page 12, line 4, strike ‘‘$1,250,000,000’’ over the living marine resources in Federal and reliable energy; which was ordered and replace with ‘‘$500,000’’. waters adjacent to the affected State. to lie on the table; as follows: ‘‘(6) USE OF FUNDS.— 1. On page 3, Line 18–20, strike ‘‘the con- SA 998. Mr. CORZINE submitted an ‘‘(A) IN GENERAL.—Notwithstanding any sent of the Governor of the State adjacent to amendment intended to be proposed by other provision of this subsection, any

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7325 amount derived from lease bonuses or roy- him to the bill H.R. 2361, making ap- H.R. 6, to ensure jobs for our future alty payments under this subsection con- propriations for the Department of the with secure, affordable, and reliable en- veyed to States and political subdivisions of Interior, environment, and related ergy; as follows: any producing State or any other State, agencies for the fiscal year ending Sep- shall only be used for mitigation measures Beginning on page 328, strike line 13 and and environmental restoration projects tember 30, 2006, and for other purposes; all that follows through page 337, line 6, and that— which was ordered to lie on the table; insert the following: ‘‘(i) have been subject to comprehensive re- as follows: Subtitle A—Clean Coal Power Initiative view under the National Environmental Pol- At the appropriate place, insert the fol- SEC. 401. AUTHORIZATION OF APPROPRIATIONS. icy Act of 1969 (42 U.S.C. 4321 et seq.) ; and lowing: (a) CLEAN COAL POWER INITIATIVE.—There ‘‘(ii) specifically repair and restore the ad- SEC. ll. Any limitation, directive, or ear- is authorized to be appropriated to the Sec- verse physical and pollution impacts of on- marking contained in either the House or retary to carry out the activities authorized shore and offshore oil and gas facilities, Senate report must also be included in the by this subtitle $200,000,000 for each of fiscal transportation facilities, and related oper- conference report in order to be considered years 2006 through 2012, to remain available as having been approved by both Houses of ations associated with Federal offshore oil until expended. Congress. and gas leasing, exploration, and develop- (b) REPORT.—Not later than March 31, 2006, ment activities. the Secretary shall submit to Congress a re- ‘‘(B) LIMITATION.—No funds made available SA 1004. Mr. COBURN submitted an amendment intended to be proposed by port that includes a 10-year plan con- to States or political subdivisions under this taining— or any related revenue-sharing subsection him to the bill H.R. 2361, making ap- (1) a detailed assessment of whether the may be used for— propriations for the Department of the aggregate assistance levels provided under ‘‘(i) the construction, design, or permitting Interior, environment, and related subsection (a) are the appropriate assistance ofindustrial infrastructure projects; or agencies for the fiscal year ending Sep- levels for the clean coal power initiative; ‘‘(ii) projects that further harm the coastal tember 30, 2006, and for other purposes; (2) a detailed description of how proposals zone of the affected State or any adjoining for assistance under the clean coal power ini- State or adjacent offshore waters. which was ordered to lie on the table; as follows: tiative will be solicited and evaluated, in- ‘‘(7) LIABILITY.— cluding a list of all activities expected to be ‘‘(A) IN GENERAL.—The State subject to an On page 233, line 9, strike ‘‘126,264,000’’ and insert ‘‘121,264,000’’. undertaken; approved petition under this subsection shall (3) a detailed list of technical milestones be liable for any damages to coastal natural On page 130, line 24, strike ‘‘766,564,000’’ and for each coal and related technology that resources and ecosystems of adjoining or insert ‘‘771,564,000’’. will be pursued under the clean coal power nearby States resulting from offshore oil and initiative; and gas leasing, exploration, development, or SA 1005. Mr. CRAIG (for Mr. DOMEN- (4) a detailed description of how the clean transportation activities conducted in any ICI (for himself and Mr. BINGAMAN)) coal power initiative will avoid problems Federal or State portion of the area of the proposed an amendment to the bill enumerated in Government Accountability outer Continental Shelf made available for H.R. 6, to ensure jobs for our future Office reports on the Clean Coal Technology leasing under this subsection. with secure, affordable, and reliable en- Program of the Department, including prob- ‘‘(B) INDEMNIFICATION.—The United States ergy; as follows: lems that have resulted in unspent funds and may not indemnify a State from liability At the end of subtitle H of title II, add the under this subsection. projects that failed either financially or sci- following: entifically. ‘‘(8) APPLICATION.—This subsection shall SEC. 2ll. ENERGY POLICY AND CONSERVATION SEC. 402. PROJECT CRITERIA. not TECHNICAL CORRECTION. Section 609(c)(4) of the Public Utility Reg- (a) IN GENERAL.—To be eligible to receive SA 1001. Mr. COCHRAN submitted an ulatory Policies Act of 1978 (as added by sec- assistance under this subtitle, a project shall amendment intended to be proposed by tion 291) is amended by striking ‘‘of 1954 (42 advance efficiency, environmental perform- him to the bill H.R. 6, to ensure jobs U.S.C. 6303)’’ and inserting ‘‘(42 U.S.C. ance, and cost competitiveness well beyond for our future with secure, affordable, 6303(d))’’. the level of technologies that are in commer- and reliable energy; which was ordered cial service or have been demonstrated on a scale that the Secretary determines is suffi- to lie on the table; as follows: SA 1006. Mr. CRAIG (for Mr. VITTER) proposed an amendment to the bill cient to demonstrate that commercial serv- On page 159, after line 23, add the fol- ice is viable as of the date of enactment of lowing: H.R. 6, to ensure jobs for our future with secure, affordable, and reliable en- this Act. SEC. 211. WASTE-DERIVED ETHANOL AND BIO- (b) TECHNICAL CRITERIA FOR CLEAN COAL DIESEL. ergy; as follows: POWER INITIATIVE.— Section 312(f)(1) of the Energy Policy Act On page 755, after line 25, insert the fol- (1) GASIFICATION PROJECTS.— of 1992 (42 U.S.C. 13220(f)(1)) is amended— lowing: (A) IN GENERAL.—In allocating the funds (1) by striking ‘‘‘biodiesel’ means’’ and in- SEC. 13ll. SCIENCE STUDY ON CUMULATIVE IM- made available under section 401(a), the Sec- serting the following: ‘‘‘biodiesel’— PACTS OF MULTIPLE OFFSHORE retary shall ensure that at least 80 percent of ‘‘(A) means’’; and LIQUEFIED NATURAL GAS FACILI- the funds are used only to fund projects on (2) in subparagraph (A) (as designated by TIES. coal-based gasification technologies, includ- paragraph (1)) by striking ‘‘and’’ at the end (a) IN GENERAL.—The Secretary (in con- ing— and inserting the following: sultation with the National Oceanic Atmos- (i) gasification combined cycle; ‘‘(B) includes ethanol and biodiesel derived pheric Administration, the Commandant of (ii) gasification fuel cells and turbine com- from— the Coast Guard, affected recreational and bined cycle; ‘‘(i) animal wastes, including poultry fats commercial fishing industries and affected (iii) gasification coproduction; and and poultry wastes, and other waste mate- energy and transportation stakeholders) (iv) hybrid gasification and combustion. rials; or shall carry out a study and compile existing (B) TECHNICAL MILESTONES.— ‘‘(ii) municipal solid waste and sludges and science (including studies and data) to deter- (i) PERIODIC DETERMINATION.— oils derived from wastewater and the treat- mine the risks or benefits presented by cu- ment of wastewater; and’’. mulative impacts of multiple offshore lique- (I) IN GENERAL.—The Secretary shall peri- fied natural gas facilities reasonably as- odically set technical milestones specifying SA 1002. Mr. COBURN submitted an sumed to be constructed in an area of the the emission and thermal efficiency levels amendment intended to be proposed by Gulf of Mexico using the open-rack vaporiza- that coal gasification projects under this him to the bill H.R. 2361, making ap- tion system. subtitle shall be designed, and reasonably ex- pected, to achieve. propriations for the Department of the (b) ACCURACY.—In carrying out subsection (II) PRESCRIPTIVE MILESTONES.—The tech- Interior, environment, and related (a), the Secretary shall verify the accuracy of available science and develop a science- nical milestones shall become more prescrip- agencies for the fiscal year ending Sep- based evaluation of significant short-term tive during the period of the clean coal tember 30, 2006, and for other purposes; and long-term cumulative impacts, both ad- power initiative. which was ordered to lie on the table; verse and beneficial, of multiple offshore liq- (ii) 2020 GOALS.—The Secretary shall estab- as follows: uefied natural gas facilities reasonably as- lish the periodic milestones so as to achieve At the appropriate place, insert the fol- sumed to be constructed in an area of the by the year 2020 coal gasification projects lowing: Gulf of Mexico using or proposing the open- able— SEC. ll. Notwithstanding any other pro- rack vaporization system on the fisheries (I) to remove at least 99 percent of sulfur vision of this Act, each amount provided by and marine populations in the vicinity of the dioxide; this Act is reduced by 1.7 percent. facility. (II) to emit not more than .05 lbs of NOx per million Btu; SA 1003. Mr. COBURN submitted an SA 1007. Mr. CRAIG (for Mr. BYRD) (III) to achieve at least 95 percent reduc- amendment intended to be proposed by proposed an amendment to the bill tions in mercury emissions; and

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(IV) to achieve a thermal efficiency of at (C) PERMITTED USES.—In carrying out this (1) results from demonstration activities least— section, the Secretary shall give high pri- carried out under the clean coal power ini- (aa) 50 percent for coal of more than 9,000 ority to projects that include, as part of the tiative program; and Btu; project— (2) would be a trade secret or commercial (bb) 48 percent for coal of 7,000 to 9,000 Btu; (i) the separation or capture of carbon di- or financial information that is privileged or and oxide; or confidential if the information had been ob- (cc) 46 percent for coal of less than 7,000 (ii) the reduction of the demand for natural tained from and first produced by a non-Fed- Btu. gas if deployed. eral party participating in a clean coal (2) OTHER PROJECTS.— (c) FINANCIAL CRITERIA.—The Secretary power initiative project. (A) ALLOCATION OF FUNDS.—The Secretary shall not provide financial assistance under (i) APPLICABILITY.—No technology, or level shall ensure that up to 20 percent of the this subtitle for a project unless the recipi- of emission reduction, solely by reason of the funds made available under section 401(a) are ent documents to the satisfaction of the Sec- use of the technology, or the achievement of used to fund projects other than those de- retary that— the emission reduction, by 1 or more facili- scribed in paragraph (1). (1) the recipient is financially responsible; ties receiving assistance under this Act, (B) TECHNICAL MILESTONES.— (2) the recipient will provide sufficient in- shall be considered to be— (i) PERIODIC DETERMINATION.— formation to the Secretary to enable the (1) adequately demonstrated for purposes (I) IN GENERAL.—The Secretary shall peri- Secretary to ensure that the funds are spent of section 111 of the Clean Air Act (42 U.S.C. odically establish technical milestones speci- efficiently and effectively; and 7411); fying the emission and thermal efficiency (3) a market exists for the technology (2) achievable for purposes of section 169 of levels that projects funded under this para- being demonstrated or applied, as evidenced that Act (42 U.S.C. 7479); or graph shall be designed, and reasonably ex- by statements of interest in writing from po- (3) achievable in practice for purposes of pected, to achieve. tential purchasers of the technology. section 171 of that Act (42 U.S.C. 7501). (II) PRESCRIPTIVE MILESTONES.—The tech- (d) FINANCIAL ASSISTANCE.—The Secretary nical milestones shall become more prescrip- shall provide financial assistance to projects SA 1008. Mr. CRAIG (for Ms. CANT- that, as determined by the Secretary— tive during the period of the clean coal WELL) proposed an amendment to the power initiative. (1) meet the requirements of subsections (a), (b), and (c); and bill H.R. 6, to ensure jobs for our future (ii) 2020 GOALS.—The Secretary shall set with secure, affordable, and reliable en- the periodic milestones so as to achieve by (2) are likely— the year 2020 projects able— (A) to achieve overall cost reductions in ergy; as follows: (I) to remove at least 97 percent of sulfur the use of coal to generate useful forms of On page 696, lines 24 and 25, strike ‘‘unlaw- dioxide; energy or chemical feedstocks; ful on the grounds that it is unjust and un- (B) to improve the competitiveness of coal (II) to emit no more than .08 lbs of NOx per reasonable’’ and insert ‘‘not permitted under million Btu; among various forms of energy in order to a rate schedule (or contract under such a (III) to achieve at least 90 percent reduc- maintain a diversity of fuel choices in the schedule) or is otherwise unlawful on the tions in mercury emissions; and United States to meet electricity generation grounds that the contract is unjust and un- (IV) to achieve a thermal efficiency of at requirements; and reasonable or contrary to the public inter- least— (C) to demonstrate methods and equipment est’’. (aa) 43 percent for coal of more than 9,000 that are applicable to 25 percent of the elec- Btu; tricity generating facilities, using various SA 1009. Mr. CRAIG (for Mr. GRASS- (bb) 41 percent for coal of 7,000 to 9,000 Btu; types of coal, that use coal as the primary LEY (for himself and Mr. BAUCUS) pro- and feedstock as of the date of enactment of this posed an amendment to the bill H.R. 6, (cc) 39 percent for coal of less than 7,000 Act. (e) COST-SHARING.—In carrying out this to ensure jobs for our future with se- Btu. cure, affordable, and reliable energy; as (3) CONSULTATION.—Before setting the tech- subtitle, the Secretary shall require cost nical milestones under paragraphs (1)(B) and sharing in accordance with section 1002. follows: (f) SCHEDULED COMPLETION OF SELECTED (2)(B), the Secretary shall consult with— On page 12 (of title XV as agreed to), after PROJECTS.— (A) the Administrator of the Environ- line 23, add the following: (1) IN GENERAL.—In selecting a project for mental Protection Agency; and SEC. ll. APPLICATION OF SECTION 45 CREDIT financial assistance under this section, the (B) interested entities, including— TO AGRICULTURAL COOPERATIVES. Secretary shall establish a reasonable period (i) coal producers; (a) IN GENERAL.—Section 45(e) (relating to of time during which the owner or operator (ii) industries using coal; definitions and special rules), as amended by of the project shall complete the construc- (iii) organizations that promote coal or ad- this Act, is amended by adding at the end tion or demonstration phase of the project, vanced coal technologies; the following: as the Secretary determines to be appro- (iv) environmental organizations; ‘‘(11) ALLOCATION OF CREDIT TO PATRONS OF priate. (v) organizations representing workers; AGRICULTURAL COOPERATIVE.— (2) CONDITION OF FINANCIAL ASSISTANCE.— and ‘‘(A) ELECTION TO ALLOCATE.— The Secretary shall require as a condition of (vi) organizations representing consumers. ‘‘(i) IN GENERAL.—In the case of an eligible receipt of any financial assistance under this (4) EXISTING UNITS.—In the case of projects cooperative organization, any portion of the subtitle that the recipient of the assistance at units in existence on the date of enact- credit determined under subsection (a) for enter into an agreement with the Secretary ment of this Act, in lieu of the thermal effi- the taxable year may, at the election of the not to request an extension of the time pe- ciency requirements described in paragraphs organization, be apportioned among patrons riod established for the project by the Sec- (1)(B)(ii)(IV) and (2)(B)(ii)(IV), the mile- of the organization on the basis of the retary under paragraph (1). stones shall be designed to achieve an overall amount of business done by the patrons dur- (3) EXTENSION OF TIME PERIOD.— thermal design efficiency improvement, ing the taxable year. (A) IN GENERAL.—Subject to subparagraph compared to the efficiency of the unit as op- ‘‘(ii) FORM AND EFFECT OF ELECTION.—An (B), the Secretary may extend the time pe- erated, of not less than— election under clause (i) for any taxable year riod established under paragraph (1) if the (A) 7 percent for coal of more than 9,000 shall be made on a timely filed return for Secretary determines, in the sole discretion Btu; such year. Such election, once made, shall be of the Secretary, that the owner or operator (B) 6 percent for coal of 7,000 to 9,000 Btu; irrevocable for such taxable year. of the project cannot complete the construc- or ‘‘(B) TREATMENT OF ORGANIZATIONS AND PA- tion or demonstration phase of the project (C) 4 percent for coal of less than 7,000 Btu. TRONS.—The amount of the credit appor- within the time period due to circumstances (5) ADMINISTRATION.— tioned to any patrons under subparagraph beyond the control of the owner or operator. (A) ELEVATION OF SITE.—In evaluating (A)— (B) LIMITATION.—The Secretary shall not project proposals to achieve thermal effi- ‘‘(i) shall not be included in the amount de- extend a time period under subparagraph (A) ciency levels established under paragraphs termined under subsection (a) with respect by more than 4 years. (1)(B)(i) and (2)(B)(i) and in determining to the organization for the taxable year, and (g) FEE TITLE.—The Secretary may vest fee progress towards thermal efficiency mile- title or other property interests acquired ‘‘(ii) shall be included in the amount deter- stones under paragraphs (1)(B)(ii)(IV), under cost-share clean coal power initiative mined under subsection (a) for the taxable (2)(B)(ii)(IV), and (4), the Secretary shall agreements under this subtitle in any entity, year of the patrons with or within which the take into account and make adjustments for including the United States. taxable year of the organization ends. the elevation of the site at which a project is (h) DATA PROTECTION.—For a period not ex- ‘‘(C) SPECIAL RULES FOR DECREASE IN CRED- proposed to be constructed. ceeding 5 years after completion of the oper- ITS FOR TAXABLE YEAR.—If the amount of the (B) APPLICABILITY OF MILESTONES.—The ations phase of a cooperative agreement, the credit of a cooperative organization deter- thermal efficiency milestones under para- Secretary may provide appropriate protec- mined under subsection (a) for a taxable year graphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4) tions (including exemptions from subchapter is less than the amount of such credit shown shall not apply to projects that separate and II of chapter 5 of title 5, United States Code) on the return of the cooperative organization capture at least 50 percent of the potential against the dissemination of information for such year, an amount equal to the excess emissions of carbon dioxide by a facility. that— of—

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7327 ‘‘(i) such reduction, over application for certification as meeting the contract may be contingent upon receipt of a ‘‘(ii) the amount not apportioned to such requirements under subsection (e)(1). Any in- certification under subsection (d)(2).’’. patrons under subparagraph (A) for the tax- formation contained in the application shall On page 40 (of title XV as agreed to), strike able year, shall be treated as an increase in be protected as provided in section 552(b)(4) ‘‘(2)’’ and insert ‘‘(3)’’. tax imposed by this chapter on the organiza- of title 5, United States Code. On page 40 (of title XV as agreed to), line tion. Such increase shall not be treated as ‘‘(C) TIME TO ACT UPON APPLICATIONS FOR 4, strike ‘‘subsection (d)(3)(B)(i)’’ and insert tax imposed by this chapter for purposes of CERTIFICATION.—The Secretary shall issue a ‘‘subsection (d)(2)’’. determining the amount of any credit under determination as to whether an applicant On page 40 (of title XV as agreed to), line this subpart or subpart A, B, E, or G. has met the requirements under subsection 5, strike ‘‘certify capacity’’ and insert ‘‘cer- tify capacity, in accordance with the proce- ‘‘(D) ELIGIBLE COOPERATIVE DEFINED.—For (e)(1) within 60 days following the date of dures set forth in subsection (d), in rel- purposes of this section the term ‘eligible co- submittal of the application for certifi- atively equal amounts’’. operative’ means a cooperative organization cation. On page 40 (of title XV as agreed to), begin- described in section 1381(a) which is owned ‘‘(D) TIME TO MEET CRITERIA FOR CERTIFI- ning with line 19, strike all through page 42, more than 50 percent by agricultural pro- CATION.—Each applicant for certification line 6. ducers or by entities owned by agricultural shall have 2 years from the date of accept- On page 42 (of title XV as agreed to), line producers. For this purpose an entity owned ance by the Secretary of the application dur- 18, strike ‘‘the vendor warrants that’’. by an agricultural producer is one that is ing which to provide to the Secretary evi- On page 44 (of title XV as agreed to), after more than 50 percent owned by agricultural dence that the criteria set forth in sub- line 25, insert the following: producers. section (e)(2) have been met. ‘‘(h) APPLICABILITY.—No use of technology ‘‘(E) WRITTEN NOTICE TO PATRONS.—If any ‘‘(E) PERIOD OF ISSUANCE.—An applicant (or level of emission reduction solely by rea- portion of the credit available under sub- which receives a certification shall have 5 son of the use of the technology), and no section (a) is allocated to patrons under sub- years from the date of issuance of the certifi- achievement of any emission reduction by paragraph (A), the eligible cooperative shall cation in order to place the project in service the demonstration of any technology or per- provide any patron receiving an allocation and if such project is not placed in service by formance level, by or at one or more facili- written notice of the amount of the alloca- that time period then the certification shall ties with respect to which a credit is allowed tion. Such notice shall be provided before the no longer be valid.’’. under this section, shall be considered to in- date on which the return described in sub- On page 36 (of title XV as agreed to), strike dicate that the technology or performance paragraph (B)(ii) is due.’’. lines 14 through 23. level is— SEC. ll. EXPANSION OF RESOURCES TO WAVE, On page 36 (of title XV as agreed to), line ‘‘(1) adequately demonstrated for purposes CURRENT, TIDAL, AND OCEAN THER- 24, strike ‘‘(6)’’ and insert ‘‘(5)’’. of section 111 of the Clean Air Act (42 U.S. C. MAL ENERGY. On page 37 (of title XV as agreed to), line 7411); (a) IN GENERAL.—Section 45(c)(1) (defining 16, strike ‘‘commitment’’. ‘‘(2) achievable for purposes of section 169 qualified energy resources), as amended by On page 37 (of title XV as agreed to), line of that Act (42 U.S. C. 7479); or this Act, is amended by striking ‘‘and’’ at 17, strike ‘‘(e)(4)(B)’’ and insert ‘‘paragraph ‘‘(3) achievable in practice for purposes of the end of subparagraph (H), by striking the (2)’’. section 171 of such Act (42 U.S.C. 7501). period at the end of subparagraph (I) and in- On page 37 (of title XV as agreed to), line On page 155 (of title XV as agreed to), line serting ‘‘, and’’, and by adding at the end the 19, strike ‘‘(f)(2)(B)(ii)’’ and insert ‘‘para- 13, strike ‘‘2010’’ and insert ‘‘2012’’. following new subparagraph: graph (2)(D)’’. On page 186 (of title XV as agreed to), line ‘‘(J) wave, current, tidal, and ocean ther- On page 37 (of title XV as agreed to), line 2, insert ‘‘or any mixture of biodiesel (as de- mal energy.’’ 20, strike ‘‘commitment’’. fined in section 40A(d)(1)) and diesel fuel (as (b) DEFINITION OF RESOURCES.—Section On page 37 (of title XV as agreed to), be- defined in section 4083(a)(3)), determined 45(c), as amended by this Act, is amended by tween lines 22 and 23, insert the following: without regard to any use of kerosene and adding at the end the following new para- ‘‘(C) REALLOCATION.—If the Secretary de- containing at least 20 percent biodiesel’’ graph: termines that megawatts under clause (i) or after ‘‘hydrogen’’. ‘‘(9) WAVE, CURRENT, TIDAL, AND OCEAN (ii) of paragraph (3)(B) are available for re- Beginning on page 211 (of title XV as THERMAL ENERGY.—The term ‘wave, current, allocation pursuant to the requirements set agreed to), line 16, strike all through page tidal, and ocean thermal energy’ means elec- forth in paragraph (2), the Secretary is au- 212, line 17, and insert the following: tricity produced from any of the following: thorized to conduct an additional program ‘‘(b) LIMITATION.—The amount allowable as ‘‘(A) Free flowing ocean water derived from for applications for certification.’’. a credit under subsection (a) with respect to tidal currents, ocean currents, waves, or es- On page 38 (of title XV as agreed to), line any qualified recycling equipment shall not tuary currents. 7, strike ‘‘or polygeneration’’. exceed— ‘‘(B) Ocean thermal energy. On page 38 (of title XV as agreed to), begin- ‘‘(1) in the case of such equipment de- ‘‘(C) Free flowing water in rivers, lakes, ning with line 13 strike all through page 39, scribed in subsection (c)(1)(A)(i), 15 percent man made channels, or streams.’’ line 25, and insert the following: of the cost of such equipment, and (c) FACILITIES.—Section 45(d), as amended ‘‘(C) the project, consisting of one or more ‘‘(2) in the case of such equipment de- by this Act, is amended by adding at the end electric generation units at one site, will scribed in subsection (c)(1)(A)(ii), 15 percent the following new paragraph: have a total nameplate generating capacity of so much of the cost of each piece of equip- ‘‘(11) WAVE, CURRENT, TIDAL, AND OCEAN of at least 400 megawatts; ment as exceeds $400,000. THERMAL FACILITY.—In the case of a facility ‘‘(D) the applicant demonstrates that there ‘‘(c) DEFINITIONS.—For purposes of this sec- using resources described in subparagraph is a letter of intent signed by an officer of an tion— (A), (B), or (C) of subsection (c)(9) to produce entity willing to purchase the majority of ‘‘(1) QUALIFIED RECYCLING EQUIPMENT.— electricity, the term ‘qualified facility’ the output of the project or signed by an offi- ‘‘(A) IN GENERAL.—The term ‘qualified re- means any facility owned by the taxpayer cer of a utility indicating that the elec- cycling equipment’ means equipment, in- which is originally placed in service after tricity capacity addition is consistent with cluding connecting piping— the date of the enactment of this paragraph that utility’s integrated resource plan as ap- ‘‘(i) employed in sorting or processing resi- and before January 1, 2009, but such term proved by the regulatory or governing body dential and commercial qualified recyclable shall not include a facility which includes that oversees electricity capacity alloca- materials described in paragraph (2)(A) for impoundment structures or a small irriga- tions of the utility; the purpose of converting such materials for tion power facility.’’ ‘‘(E) there is evidence of ownership or con- use in manufacturing tangible consumer (b) EFFECTIVE DATE.—The amendments trol of a site of sufficient size to allow the products, including packaging, or made by this section shall apply to taxable proposed project to be constructed and to op- ‘‘(ii) the primary purpose of which is the years ending after the date of the enactment erate on a long-term basis; and shredding and processing of qualified recy- of this Act. ‘‘(F) the project will be located in the clable materials described in paragraph On page 35 (of title XV as agreed to), strike United States. (2)(B). lines 10 through 16, and insert the following: ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— ‘‘(B) EQUIPMENT AT COMMERCIAL OR PUBLIC ‘‘(A) APPLICATION PERIOD.—Each applicant For the purpose of subsection (d)(2)(D), a VENUES INCLUDED.—For purposes of subpara- for certification under this paragraph shall project shall be eligible for certification only graph (A)(i), such term includes equipment submit an application meeting the require- if the Secretary determines that— which is utilized at commercial or public ments of subparagraph (B). An applicant ‘‘(A) the applicant for certification has re- venues, including recycling collection cen- may only submit an application during the 3- ceived all Federal and State environmental ters, where the equipment is utilized to sort year period beginning on the date the Sec- authorizations or reviews necessary to com- or process qualified recyclable materials for retary establishes the program under para- mence construction of the project; and such purpose. graph (1). ‘‘(B) the applicant for certification, except ‘‘(C) EXCLUSION.—Such term does not in- ‘‘(B) REQUIREMENTS FOR APPLICATIONS FOR in the case of a retrofit or repower of an ex- clude rolling stock or other equipment used CERTIFICATION.—An application under sub- isting electric generation unit, has pur- to transport recyclable materials. paragraph (A) shall contain such information chased or entered into a binding contract for ‘‘(2) QUALIFIED RECYCLABLE MATERIALS.— as the Secretary may require in order to the purchase of the main steam turbine or The term ‘qualified recyclable materials’ make a determination to accept or reject an turbines for the project, except that such means—

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7328 CONGRESSIONAL RECORD — SENATE June 23, 2005 ‘‘(A) any packaging or printed material aggregate authorized face amount of which AUTHORITY FOR COMMITTEES TO which is glass, paper, plastic, steel, or alu- is not more than $75,000,000 with respect to MEET minum, and any project described in such paragraph.’’. ‘‘(B) any electronic waste (including any (b) EFFECTIVE DATE.—The amendments COMMITTEE ON ARMED SERVICES cathode ray tube, flat panel screen, or simi- made by this section shall apply to projects Mr. FRIST. Mr. President, I ask lar video display device with a screen size placed in service after the date of enactment unanimous consent that the committee greater than 4 inches measured diagonally, of this Act and before July 1, 2008. on Armed Services be authorized to or a central processing unit), On page 6 (of Senate amendment number meet during the session of the Senate 933 as modified and agreed to), line 12, strike generated by an individual or business and on June 23, 2005, at 9:30 a.m., to receive which has been separated from solid waste ‘‘(i)’’ and insert ‘‘(iii)’’. for the purposes of collection and recycling. On page 6 (of Senate amendment number testimony on U.S. military strategy On page 215 (of title XV as agreed to), line 933 as modified and agreed to), line 18, strike and operations in Iraq. 23, strike ‘‘for any’’ and insert ‘‘during any’’. the last period and insert ‘‘, and’’. The PRESIDING OFFICER. Without On page 230 (of title XV as agreed to), be- On page 232 (of title XV as agreed to), line objection, it is so ordered. tween lines 2 and 3, insert the following: 22, strike ‘‘(iii)’’ and insert ‘‘(iv)’’. COMMITTEE ON COMMERCE, SCIENCE, AND SEC. ll. THREE-YEAR APPLICABLE RECOVERY On page 255 (of title XV as agreed to), line TRANSPORTATION PERIOD FOR DEPRECIATION OF 6, strike ‘‘2007’’ and insert ‘‘2006’’. QUALIFIED ENERGY MANAGEMENT On page 256 (of title XV as agreed to), Mr. FRIST. Mr. President, I ask DEVICES. strike lines 3 through 15, and insert the fol- unanimous consent that the Com- (a) IN GENERAL.—Section 168(e)(3)(A) (de- lowing: mittee on Commerce, Science, and fining 3-year property) is amended by strik- (b) NO EXEMPTIONS FROM TAX EXCEPT FOR Transportation be authorized to meet ing ‘‘and’’ at the end of clause (ii), by strik- EXPORTS.— on Thursday, June 23, 2005, on pending ing the period at the end of clause (iii) and (1) IN GENERAL.—Section 4082(a) (relating inserting ‘‘, and’’, and by adding at the end Committee business at 10 a.m. to exemptions for diesel fuel and kerosene) is The PRESIDING OFFICER. Without the following new clause: amended by inserting ‘‘(other than such tax ‘‘(iv) any qualified energy management de- at the Leaking Underground Storage Tank objection, it is so ordered. vice.’’. Trust Fund financing rate imposed in all COMMITTEE ON FINANCE (b) DEFINITION OF QUALIFIED ENERGY MAN- cases other than for export)’’ after ‘‘section Mr. FRIST. Mr. President, I ask AGEMENT DEVICE.—Section 168(i) (relating to 4081’’. definitions and special rules), as amended by unanimous consent that the Com- (2) AMENDMENTS RELATING TO SECTION this Act, is amended by inserting at the end mittee on Finance be authorized to the following new paragraph: 4041.— meet during the session on Thursday, (A) Subsections (a)(1)(B), (a)(2)(A), and ‘‘(18) QUALIFIED ENERGY MANAGEMENT DE- (c)(2) of section 4041 are each amended by in- June 23, 2005, at 10 a.m., to hear testi- VICE.— serting ‘‘(other than such tax at the Leaking mony on U.S.-China Economic Rela- ‘‘(A) IN GENERAL.—The term ‘qualified en- Underground Storage Tank Trust Fund fi- tions.‘ ergy management device’ means any energy The PRESIDING OFFICER. Without management device— nancing rate)’’ after ‘‘section 4081’’. ‘‘(1) which is placed in service before Janu- (B) Section 4041(b)(1)(A) is amended by objection, it is so ordered. ary 1, 2008, by a taxpayer who is a supplier of striking ‘‘or (d)(1))’’. COMMITTEE ON FOREIGN RELATIONS electric energy or a provider of electric en- (C) Section 4041(d) is amended by adding at Mr. FRIST. Mr. President, I ask the end the following new paragraph: ergy services, unanimous consent that the Com- ‘‘(2) the original use of which commences ‘‘(5) NONAPPLICATION OF EXEMPTIONS OTHER THAN FOR EXPORTS.—For purposes of this sec- mittee on Foreign Relations be author- with the taxpayer, and ized to meet during the session of the ‘‘(3) the purchase of which is subject to a tion, the tax imposed under this subsection binding contract entered into after June 23, shall be determined without regard to sub- Senate on Thursday, June 23, 2005, at 10 2005, but only if there was no written binding sections (f), (g) (other than with respect to a.m. to hold a hearing on HIV/AIDS. contract entered into on or before such date. any sale for export under paragraph (3) The PRESIDING OFFICER. Without thereof), (h), and (l).’’. ‘‘(B) ENERGY MANAGEMENT DEVICE.—For objection, it is so ordered. (3) NO REFUND.— purposes of subparagraph (A), the term ‘en- COMMITTEE ON HEALTH, EDUCATION, LABOR AND (A) IN GENERAL.—Subchapter B of chapter ergy management device’ means any meter PENSIONS or metering device which is used by the tax- 65 is amended by adding at the end the fol- lowing new section: Mr. FRIST. Mr. President, I ask payer— unanimous consent that the Com- ‘‘(i) to measure and record electricity ‘‘SEC. 6430. TREATMENT OF TAX IMPOSED AT usage data on a time-differentiated basis in LEAKING UNDERGROUND STORAGE mittee on Health, Education, Labor, TANK TRUST FUND FINANCING at least 4 separate time segments per day, and Pensions be authorized to hold a RATE. hearing during the session of the Sen- and ‘‘No refunds, credits, or payments shall be ‘‘(ii) to provide such data on at least a made under this subchapter for any tax im- ate on Thursday, June 23, 2005, at 9:30 monthly basis to both consumers and the posed at the Leaking Underground Storage a.m. in SH–216. taxpayer.’’. Tank Trust Fund financing rate, except in The PRESIDING OFFICER. Without (c) ALTERNATIVE SYSTEM.—The table con- the case of fuels destined for export.’’. objection, it is so ordered. tained in section 168(g)(3)(B) is amended by (B) CLERICAL AMENDMENT.—The table of inserting after the item relating to subpara- COMMITTEE ON THE JUDICIARY sections for subchapter B of chapter 65 is graph (A)(iii) the following: Mr. FRIST. Mr. President, I ask ‘‘(A)(iv) ...... 20’’. amended by adding at the end the following new item: unanimous consent that the Com- (d) EFFECTIVE DATE.—The amendments mittee on the Judiciary be authorized made by this section shall apply to property ‘‘Sec. 6430. Treatment of tax imposed at placed in service after December 31, 2005, in Leaking Underground Storage to meet to conduct a markup on Thurs- taxable years ending after such date. Tank Trust Fund financing day, June 23, 2005, at 9:30 a.m. in Sen- SEC. ll. EXCEPTION FROM VOLUME CAP FOR rate. ate Dirksen Office Building Room 226. On page 257 (of title XV as agreed to), CERTAIN COOLING FACILITIES. Agenda (a) IN GENERAL.—Section 146 (relating to strike lines 7 through 10, and insert the fol- volume cap) is amended by redesignating lowing: I. Nominations: James B. Letten to subsections (i) through (n) as subsections (j) (2) NO EXEMPTION.—The amendments made be U.S. Attorney for the Eastern Dis- through (o), respectively, and by inserting by subsection (b) shall apply to fuel entered, trict of Louisiana; and Rod J. Rosen- removed, or sold after September 30, 2005. after subsection (h) the following: stein to be U.S. Attorney for the Dis- ‘‘(i) EXCEPTION FOR FACILITIES USED TO COOL On page 257 (of title XV as agreed to), after STRUCTURES WITH OCEAN WATER, ETC..— line 11, add the following: trict of Maryland. ‘‘(1) IN GENERAL.—Only for purposes of this SEC. 1573. TIRE EXCISE TAX MODIFICATION. II. Bills: S. 1088, Streamlined Proce- section, the term ‘private activity bond’ (a) IN GENERAL.—Section 4071(a) (relating dures Act of 2005—KYL, CORNYN; S. 155, shall not include any exempt facility bond to imposition and rate of tax) is amended by Gang Prevention and Effective Deter- described in section 142(a)(9) which is issued inserting ‘‘8.0 cents in the case of a’’ before rence Act of 2005—FEINSTEIN, HATCH, as part of an issue to finance any project ‘‘super single tire’’. GRASSLEY, CORNYN, KYL, SPECTER; and which is designed to access deep water re- (b) DEFINITION OF SUPER SINGLE TIRE.— S. 751, Notification of Risk to Personal newable thermal energy for district cooling Section 4072(e) (defining super single tire) is Data Act—FEINSTEIN. to provide building air conditioning (includ- amended by striking ‘‘13 inches’’ and insert- ing any distribution piping, pumping, and ing ‘‘17.5 inches’’. III. Matters: Senate Judiciary Com- chiller facilities). (c) EFFECTIVE DATE.—The amendments mittee Rules. ‘‘(2) LIMITATION.—Paragraph (1) shall apply made by this section shall apply to sales The PRESIDING OFFICER. Without only to bonds issued as part of an issue the after September 30, 2005. objection, it is so ordered.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 23, 2005 CONGRESSIONAL RECORD — SENATE S7329 COMMITTEE ON VETERANS’ AFFAIRS agreed to and considered as original Resolved, That the Senate— Mr. FRIST. Mr. President, I ask text for the purpose of further amend- (1) recognizes July 1, 2005 as the 100th An- unanimous consent that the Com- ments, with no points of order waived; niversary of the Forest Service; mittee on Veterans’ Affairs be author- provided further that all first-degree (2) commends the Forest Service of the De- partment of Agriculture for 100 years of dedi- ized to meet during the session of the amendments be offered on Friday, June cated service managing the forests of the Senate on Thursday, June 23, 2005, for a 24th, and Monday, June 27th. United States; committee hearing to receive testi- The PRESIDING OFFICER. Without (3) acknowledges the promise of the Forest mony on various benefits-related bills objection, it is so ordered. Service to continue to preserve the natural legacy of the United States for an additional pending before the Committee. The f hearing will take place in Room 418 of 100 years and beyond; and the Russell Senate Office Building at 10 100TH ANNIVERSARY OF THE (4) encourages the people of the United a.m. FOREST SERVICE States to observe the day with appropriate ceremonies and activities. The PRESIDING OFFICER. Without Mr. FRIST. I ask unanimous consent f objection, it is so ordered. that the Senate now proceed to the SELECT COMMITTEE ON INTELLIGENCE consideration of S. Res. 181, which was OVERSIGHT OVER THE CAPITOL Mr. FRIST. Mr. President, I ask submitted earlier today. VISITORS CENTER unanimous consent that the Select The PRESIDING OFFICER. The Mr. FRIST. I ask unanimous consent Committee on Intelligence be author- clerk will report the resolution by the Rules Committee be discharged ized to meet during the session of the title. from further consideration of S. Res. Senate on June 23, 2005 at 2:30 p.m. to The legislative clerk read as follows: 179 and the Senate proceed to its imme- hold a closed hearing. A bill (S. Res. 181) recognizing July 1, 2005, diate consideration. The PRESIDING OFFICER. Without as the 100th anniversary of the Forest Serv- The PRESIDING OFFICER. Without objection, it is so ordered. ice. objection, it is so ordered. The clerk SUBCOMMITTEE ON THE CONSTITUTION, CIVIL There being no objection, the Senate will report the resolution by title. RIGHTS AND PROPERTY RIGHTS proceeded to consider the resolution. The legislative clerk read as follows: Mr. FRIST. Mr. President, I ask Mr. FRIST. I ask unanimous consent A resolution (S. Res. 179) to provide for unanimous consent that the Sub- the resolution be agreed to, the pre- oversight over the Capitol Visitors Center by committee on the Constitution, Civil amble be agreed to, and the motion to the Architect of the Capitol. Rights and Property Rights be author- reconsider by laid upon the table. There being no objection, the Senate ized to meet to conduct a hearing on The PRESIDING OFFICER. Without proceeded to consider the resolution. ‘‘The Consequences of Roe v. Wade and objection, it is so ordered. Mr. FRIST. I ask unanimous consent Doe v. Bolton’’ on Thursday, June 23, The resolution (S. Res. 181) was the resolution be agreed to, the motion 2005, at 2 p.m. in SD226. agreed to. to reconsider be laid upon the table, Witness List The preamble was agreed to. and any statement be printed in the The resolution, with its preamble, is RECORD. Panel I: Sandra Cano, Atlanta, GA; as follows: The PRESIDING OFFICER. Without Norma McCorvey, Dallas, TX; and Ken S. RES. 181 objection, it is so ordered. Edelin, M.D., Boston, MA. The resolution (S. Res. 179) was Panel II: Teresa Collett, Esq., Pro- Whereas Congress established the Forest Service in 1905 to provide quality water and agreed to, as follows: fessor of Law, University of St. Thom- timber for the benefit of the United States; S. RES. 179 as Law School, Minneapolis, MN; M. Whereas the mission of the Forest Service Resolved, Edward Whelan, Esq., President, Ethics has expanded to include management of na- SECTION 1. CAPITOL VISITOR CENTER. and Public Policy Center, Washington, tional forests for multiple uses and benefits, (a) IN GENERAL.—The Architect of the Cap- DC; R. Alta Charo, Esq., Professor of including the sustained yield of renewable itol shall have the responsibility for the fa- Law and Bioethics, Associate Dean for resources such as water, forage, wildlife, cilities management and operations of the Research and Faculty Development, wood, and recreation; Capitol Visitor Center. University of Wisconsin Law School, Whereas the National Forest System en- (b) EXECUTIVE DIRECTOR.—The Architect of compasses 192,000,000 acres in 44 States, the Capitol may appoint an Executive Direc- Madison, WI; and Karen O’Conner, Pro- Puerto Rico, and the Virgin Islands, includ- fessor of Government, American Uni- tor of the Capitol Visitor Center whose an- ing 155 national forests and 20 national nual rate of pay shall be determined by the versity, Washington, DC. grasslands; Architect of the Capitol and shall not exceed The PRESIDING OFFICER. Without Whereas the Forest Service significantly $1,500 less than the annual rate of pay for the objection, it is so ordered. contributes to the scientific and technical Architect of the Capitol. SUBCOMMITEE ON FEDERAL FINANCIAL MANAGE- knowledge necessary to protect and sustain (c) CONGRESSIONAL OVERSIGHT.—The re- MENT, GOVERNMENT INFORMATION, AND natural resources on all land in the United sponsibilities of the Architect of the Capitol INTERNATIONAL SECURITY States; under this section shall be subject to con- Mr. FRIST. Mr. President, I ask Whereas the Forest Service cooperates gressional oversight by the Committee on with State, Tribal, and local governments, Rules and Administration of the Senate and unanimous consent that the Sub- forest industries, other private landowners, committee on Federal Financial Man- as determined separately by the House of and forest users in the management, protec- Representatives. agement, Government Information, tion, and development of forest land the Fed- (d) CAPITOL PRESERVATION COMMISSION JU- and International Security be author- eral Government does not own; RISDICTION.—Nothing in this section shall be ized to meet on Thursday, June 23, 2005, Whereas the Forest Service participates in construed to remove the jurisdiction of the at 2:30 p.m. for a hearing regarding work, training, and education programs such Capitol Preservation Commission. as AmeriCorps, Job Corps, and the Senior ‘‘Addressing Disparities in Federal f HIV/AIDS CARE Program’’. Community Service Employment Program; Whereas the Forest Service plays a key ORDERS FOR FRIDAY, JUNE 24, 2005 The PRESIDING OFFICER. Without role internationally in developing sustain- Mr. FRIST. Mr. President, I ask objection, it is so ordered. able forest management and biodiversity f conservation for the protection and sound unanimous consent that when the Sen- ate completes its business today, it UNANIMOUS CONSENT—H.R. 2361 management of the forest resources of the world; stand in adjournment until 9:30 a.m. on Mr. FRIST. I ask unanimous consent Whereas, from rangers to researchers and Friday, June 24. I further ask consent on Friday June 24th, at a time deter- from foresters to fire crews, the Forest Serv- that following the prayer and pledge, mined by the majority leader, after ice has maintained a dedicated professional the morning hour be deemed expired, consultation with the Democratic lead- workforce that began in 1905 with 500 em- the Journal of proceedings be approved er, the Senate proceed to consideration ployees and in 2005 includes more than 30,000; to date, the time for the two leaders be and of Calendar No. 125, H.R. 2361, the Inte- Whereas Gifford Pinchot, the first Chief of reserved, and the Senate then proceed rior appropriations bill; I further ask the Forest Service, fostered the idea of man- to the consideration of H.R. 2361, the consent that when the Senate begins aging for the greatest good of the greatest Interior appropriations bill, as pro- the bill, the committee substitute be number: Now, therefore, be it vided under the previous order.

VerDate Mar 15 2010 21:19 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\2005SENATE\S23JN5.REC S23JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7330 CONGRESSIONAL RECORD — SENATE June 23, 2005 The PRESIDING OFFICER. Without At the beginning of this 4-week PETER MANSON SWAIM, OF INDIANA, TO BE UNITED STATES MARSHAL FOR THE SOUTHERN DISTRICT OF IN- objection, it is so ordered. block, we said we would spend the last DIANA FOR THE TERM OF FOUR YEARS, VICE JAMES LORNE KENNEDY, RESIGNED. f week on appropriations bills. And, in- deed, with the completion of the En- IN THE ARMY PROGRAM ergy bill, we will do just that—in fact, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. FRIST. Mr. President, tomorrow, starting a day early by beginning the TO THE GRADE INDICATED IN THE RESERVE OF THE the Senate will begin consideration of Interior appropriations bill tomorrow. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: the Interior appropriations bill. Under Also during the week, we will have To be colonel a previous agreement, we will consider other legislative or executive matters KENNETH D. ORTEGA, 0000 amendments to the bill tomorrow and we will deal with once they have been THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Monday, and we will begin votes in re- cleared. TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: lation to amendments to the bill on f Tuesday of next week. Therefore, there ADJOURNMENT UNTIL 9:30 A.M. To be colonel will be no rollcall votes during tomor- TOMORROW CHARLES H. EDWARDS, 0000 row’s session. Senators who have THE FOLLOWING NAMED OFFICER FOR APPOINTMENT amendments to the Interior appropria- Mr. FRIST. Mr. President, if there is TO THE GRADE INDICATED IN THE RESERVE OF THE tions bill, however, should make them- no further business to come before the ARMY UNDER TITLE 10, U.S.C., SECTION 12203: selves available to come to the floor Senate, I ask unanimous consent that To be colonel tomorrow and Monday to offer their the Senate stand in adjournment under the previous order. SLOBODAN JAZAREVIC, 0000 first-degree amendments. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. President, we had a great success There being no objection, the Senate, TO THE GRADE INDICATED IN THE RESERVE OF THE today in the completion of the Energy at 10:03 p.m., adjourned until Friday, ARMY UNDER TITLE 10, U.S.C., SECTION 12203: bill, although we will not have the June 24, 2005, at 9:30 a.m. To be colonel final vote on that bill until Tuesday f DAVID M. BARTOSZEK, 0000 morning. I congratulate the chairman NOMINATIONS IN THE NAVY and ranking member of the Energy Executive nominations received by Committee for their tremendous THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Senate June 23, 2005: TO THE GRADE INDICATED IN THE UNITED STATES NAVY work—tremendous work—in getting UNDER TITLE 10, U.S.C., SECTION 624: ENVIRONMENTAL PROTECTION AGENCY the Energy bill to the finish line. GRANTA Y. NAKAYAMA, OF VIRGINIA, TO BE AN AS- To be lieutenant commander Through their hard work and with the SISTANT ADMINISTRATOR OF THE ENVIRONMENTAL cooperation and hard work of our col- PROTECTION AGENCY, VICE JOHN PETER SUAREZ, RE- RONALD D. TOMLIN, 0000 leagues, we were able to dispose of all SIGNED. THE FOLLOWING NAMED OFFICERS FOR TEMPORARY UNITED STATES AGENCY FOR INTERNATIONAL APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION amendments and take the bill to third DEVELOPMENT reading in 2 weeks, just as we had 5721: KENT R. HILL, OF VIRGINIA, TO BE AN ASSISTANT AD- planned. We had said that was our goal MINISTRATOR OF THE UNITED STATES AGENCY FOR To be lieutenant commander INTERNATIONAL DEVELOPMENT, VICE E. ANNE PETER- about a month ago. And, indeed, that RONNIE E. ARGILLANDER, 0000 SON, RESIGNED. goal has been accomplished. ROBERT B. BAILEY, 0000 FEDERAL LABOR RELATIONS AUTHORITY JOHN C. BLACKBURN, 0000 We will have the vote on passage on GREGORY D. BLYDEN, 0000 COLLEEN DUFFY KIKO, OF VIRGINIA, TO BE GENERAL KURT P. BOENISCH, 0000 Tuesday morning of next week. The COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHOR- PATRICK B. CLARK, 0000 ITY FOR A TERM OF FIVE YEARS, VICE PETER EIDE. vote on passage will occur between 9:45 DIEGO E. CODOSEA, 0000 a.m. and 10 a.m. on Tuesday, and that MERIT SYSTEMS PROTECTION BOARD JAMES E. DOLING, 0000 RYAN J. GREEN, 0000 will be our next vote. Both the chair- MARY M. ROSE, OF NORTH CAROLINA, TO BE A MEMBER JEREMY J. HAWKS, 0000 man and ranking member of the En- OF THE MERIT SYSTEMS PROTECTION BOARD FOR THE DAVID KAISER, 0000 TERM OF SEVEN YEARS EXPIRING MARCH 1, 2011, VICE PAUL LEE, 0000 ergy Committee will be there for that SUSANNE T. MARSHALL, TERM EXPIRED. KARRICK MCDERMOTT, 0000 vote on Tuesday morning. DEPARTMENT OF EDUCATION DANIEL F. MCKIM, 0000 Tomorrow, Mr. President, I will up- JUAN PAGAN, 0000 STEPHANIE JOHNSON MONROE, OF VIRGINIA, TO BE AS- BRIAN REINHART, 0000 date everyone with respect to next SISTANT SECRETARY FOR CIVIL RIGHTS, DEPARTMENT MICHAEL P. RILEY, 0000 week’s schedule. It will be the last OF EDUCATION, VICE GERALD REYNOLDS. HENRY ROENKE, 0000 DEPARTMENT OF JUSTICE ERIC SAGER, 0000 week of our session prior to the Fourth NATHAN SHIFLETT, 0000 of July holiday, and thus we can expect STEVEN G. BRADBURY, OF MARYLAND, TO BE AN AS- PHILIP G. URSO, 0000 SISTANT ATTORNEY GENERAL, VICE JACK LANDMAN BRYAN D. WHITE, 0000 a very busy week. GOLDSMITH III, RESIGNED. WILLIAM J. WILBURN, 0000

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REMEMBERING ANTHONY ‘‘TONY’’ tunity to look back and reflect on the experi- HENRY J. HYDE UNITED NATIONS HOSEY ences that have shaped our national history. REFORM ACT OF 2005 This year marks the 140th commemoration HON. TIMOTHY V. JOHNSON of Juneteenth Independence Day, which was SPEECH OF OF ILLINOIS originally celebrated by slaves in Galveston HON. CAROLYN B. MALONEY IN THE HOUSE OF REPRESENTATIVES Texas on June 19th, 1865. On that day, Union OF NEW YORK general Gordon Granger read aloud Lincoln’s Wednesday, June 22, 2005 IN THE HOUSE OF REPRESENTATIVES Emancipation Proclamation, signed more than Mr. JOHNSON of Illinois. Mr. Speaker, on two years earlier. With the arrival of Union Friday, June 17, 2005 April 25, 2005, the Illinois State University troops in Texas, the Proclamation’s promise of The House in Committee of the Whole (ISU) Police lost one of its finest when An- freedom was finally fulfilled and the last Amer- House on the State of the Union had under thony ‘‘Tony’’ Hosey tragically died at the ican slaves were freed. consideration the bill (H.R. 2745) to reform the United Nations, and for other purposes: young age of 37. Yet in those 37 years Tony Juneteenth Independence Day is the oldest accomplished a great number of deeds signifi- known celebration of the end of slavery. It is Mrs. MALONEY. Mr. Chairman, I rise today cantly benefiting the safety and the welfare of intended to honor not only African-American in opposition to H.R. 2745, the Henry J. Hyde his community. freedom, but also promote respect for all cul- United Nations Reform Act, because I believe Tony Hosey twice received his department’s tures, and remind us of what it means to be that withholding funds from the United Nations highest honor, the ‘‘Chief’s Award of Merit- an American. will not help it reform. Rather, decreased fund- ing will slowly starve the organization and pre- Meritorious Service Medal.’’ In 2003, Tony Juneteenth Independence Day commemo- vent it from fulfilling its mission of peace and played a strong role in ‘‘Operation Shake- rates a moment when the United States took high standards of human rights all over the speare,’’ which led to the seizure of over an important step towards achieving the vision world. 2,000 tablets of Ecstasy, 121 grams of established in the Declaration of Independ- With the passage of H.R. 2745, the United Ketamine, and 931 grams of GHB. The indi- ence, an America which recognizes that we States declares it will withhold half of the dues viduals arrested were responsible for the dis- truly are all created equal. tribution of over 9,000 tablets of ‘‘Ecstasy’’ on it owes the United Nations. Restricting United Mr. Speaker, I thank the gentleman from Illi- the Illinois State University Campus. Nations funds will have a devastating impact nois for introducing this important resolution, In 2004, he received the award for arresting on the effectiveness of the Convention to and I urge my colleagues to support its pas- 5 individuals responsible for the selling of 500 Eliminate Discrimination Against Women: sage. tablets of Ecstasy on the ISU campus: At the Treaty for the Rights of Women. This treaty time of the arrest, they possessed 200 tablets supports international standards for basic of the drug. His work has allowed for a safer f human rights for women. It establishes a uni- University and community, and has saved HONORING KEISHA CASON OF versal definition of discrimination against many individuals from falling victim to the dev- BROOKSVILLE, FLORIDA women, seeks legal protection for victims of astating effects of drugs. violence, and equality in areas of health care, While Tony’s record speaks for itself, his nu- education and employment. Funds are essen- merous contributions to the community have HON. GINNY BROWN-WAITE tial in the establishment of equal rights for impacted not only his fellow citizens, but also OF FLORIDA women: access to health care, education, and legal protection services is not free. his peers. Illinois State Police Special Agent IN THE HOUSE OF REPRESENTATIVES and friend Earl Chandler put it best when he The United States is the only industrialized said, ‘‘I’ve never met or known anybody that Wednesday, June 22, 2005 nation that has not ratified the Treaty for the was more of the epitome of what a good po- Ms. GINNY BROWN-WAITE of Florida. Mr. Rights of Women. Our Nation’s withdrawal of lice officer should be.’’ Yet beyond the job, Speaker, I rise today to honor Keisha Cason funding for the organization that supports this Tony was a caring husband and father of four. of Brooksville, Florida. essential doctrine of human rights is shameful, He was a bodybuilder and motorcycle rider, and not the action the world expects of a na- Keisha Cason is a high school senior, who but was described as being a ‘‘gentle giant.’’ tion that declares freedom and liberty its un- was recently recognized by the National Fed- His memorial website has been flooded with changing identity. eration of Independent Business (NFIB) as a hundreds of reflections and it is with a thankful The need for the Treaty for the Rights of 2005 NFIB Free Enterprise Scholars Award heart that I rise to pay tribute to Tony. His im- Women is undeniable. At least 4 million Program. pact and sacrifice for his neighbors, friends, women and girls are sold into sexual slavery family, and community will never be forgotten. Created in 2002, the award identifies high every year, two-third of the world’s 799 million school seniors from all around the country f illiterate adults are women, and an estimated who demonstrate scholarship and entrepre- 25–30 percent of all women suffer domestic RECOGNIZING THE HISTORICAL neurial achievement. From the 2,100 appli- violence. The Treaty for the Rights of Women SIGNIFICANCE OF JUNETEENTH cants nominated by NFIB members, an inde- establishes international standards that serve INDEPENDENCE DAY pendent selection committee selected 378 ris- to encourage world nations to eradicate injus- ing scholars to each receive a $1,000 scholar- tices imposed on its female citizens, and to SPEECH OF ship. establish standards for basic human rights; the HON. RAHM EMANUEL Keisha Cason represents the future voice of Treaty does not impose laws on any nation. small business in America. As one of these OF ILLINOIS For these reasons, the Treaty is in line with gifted youth, she has displayed a sense of IN THE HOUSE OF REPRESENTATIVES past treaties that support international stand- scholarship and understanding of free enter- ards, treaties that the United States has sup- Tuesday, June 21, 2005 prise far beyond her years. As she makes the ported and subsequently funded through dues Mr. EMANUEL. Mr. Speaker, I rise today in transition to college, she will continue to per- paid to the United Nations. strong support of H. Con. Res. 160, a bill rec- form at the highest standards. Until this Nation, the seat of freedom and ognizing Juneteenth Independence Day as an Mr. Speaker, ambitious young men and the land of liberty, declares to the world its important event in our Nation’s history. women like Keisha Cole should be congratu- commitment to equality, as embodied in the I am pleased to join my colleagues in com- lated for their accomplishments. It is truly a Treaty, and makes that commitment a reality memorating the end of slavery, and I believe privilege to honor Keisha Cason for her through essential funding, we cannot expect Juneteenth Independence Day provides the achievement as a National Federation of Inde- other nations to follow our lead and adopt people of the United States a unique oppor- pendent Business Free Enterprise Scholar. freedom as their creed. If we starve the United

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

VerDate Aug 04 2004 07:55 Jun 24, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JN8.019 E23PT1 E1318 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2005 Nations of necessary funding, we cannot ex- Randall E. Carpenter, Jeffrey E. Common He retired in 1981 and lives the small Eastern pect it to become a more effective organiza- and Robert Charles Hanners (Coos Bay Fire Colorado community of Fleming. tion. Withholding funds from this worthy orga- and Rescue); Mr. Speaker, we are so fortunate to live in Paul E. Gibson, David Kelly Hammer, Jeff- this great country where freedom is something nization is the wrong way to urge its reform. ery D. Hengel, Jesse D. James, Richard Burt It hinders the organization’s efforts to reform Moore, II, Leland Price, Jr., Mark Robert that we rarely have to think about and often and deprives the world of the benefits that Ransdell and Ricardo M. Ruiz (First Strike take for granted. It is simply a way of life for treaties such as the Treaty for the Rights of Environmental, Roseburg, Oregon Depart- us, and we are truly blessed to live in a coun- Women advocate. ment of Forestry Contractor); try with citizens who willingly volunteer to put f Robert Chisholm (Gearhart Volunteer Fire themselves in harm’s way to defend and pro- Department); tect our great Nation. SUPPORTING FIREFIGHTER LIFE Jake Martindale, Zachary Zigich, Daniel I am proud to honor Bill for his courage and SAFETY SUMMIT INITIATIVES Eric Rama, Bartholomew Blake Bailey, and sacrifice on behalf of all Americans. I applaud AND MISSION OF NATIONAL Retha Mae Shirley (Grayback Forestry, Inc., USDA Forest Service Contractor); Bill for his courage and selfless dedication to FALLEN FIREFIGHTERS FOUNDA- duty. He has helped protect our democracy TION AND UNITED STATES FIRE Larry A. Brown (Kingsley Field Fire De- partment, Klamath Falls); and kept our homeland safe by placing his life ADMINISTRATION John Robert Hazlett (Odell Fire District); on the line. Bill truly is the embodiment of all David Craig Mackey (Oregon Department the values that have molded America into the SPEECH OF of Forestry, Western Lane District); great Nation it is today. HON. DARLENE HOOLEY Lawrence J. Hoffman (Oregon Department We can maintain the blessings of our free- of Forestry); doms only because we have citizens like Bill OF OREGON Thomas Howard Kistler (Polk County Fire IN THE HOUSE OF REPRESENTATIVES District #1); Rutter. Tuesday, June 21, 2005 Gerald Meyers (Sumpter Fire Department); f Randall Harmon (Superior Helicopter, Ms. HOOLEY. Mr. Speaker, I rise in support LLC, Grants Pass); EXCESSIVE EXECUTIVE of H. Con. Res. 180, which supports initiatives Richard Warren Black (Weyerhaeuser, Eu- COMPENSATION by the national fire services to reduce fire gene Helicopter Operation); and fighter fatalities and injuries. Tony B. Chapin (Willamina Fire Depart- HON. TERRY EVERETT ment). I want to congratulate the gentleman from OF ALABAMA Maryland, Mr. HOYER, for introducing this im- f IN THE HOUSE OF REPRESENTATIVES portant measure. Mr. HOYER is a co-chair of Wednesday, June 22, 2005 the Fire Caucus and is a leading supporter of A TRIBUTE TO WILLIAM R. the fire services in Congress. RUTTER Mr. EVERETT. Mr. Speaker, with the pas- This resolution calls attention to the need to sage of the Sarbanes-Oxley Act, it is worth take action to reduce fire fighter deaths and HON. MARILYN N. MUSGRAVE noting that this country has seen an increase injuries. It explicitly endorses the call from the OF COLORADO in consumer and investor confidence, and a major fire service organizations for a stand IN THE HOUSE OF REPRESENTATIVES significant market recovery. Corporate scan- dals and plunging stock prices forced Con- down to promote fire fighter safety. Wednesday, June 22, 2005 The stand down would apply to every volun- gress to pass the most sweeping regulation of teer and career fire department in the Nation. Mrs. MUSGRAVE. Mr. Speaker, I rise today corporate activity since the 1930s, when the It would require that each department suspend to honor a true hero, William R. Rutter. Mr. SEC was created. all non-emergency activities in order to con- Rutter is a proud American who served our Many positive developments have resulted centrate on measures to raise awareness of country in two major wars. After serving in from the passage of Sarbanes-Oxley, however safety issues and to institute steps to improve World War II, Bill Rutter entered the U.S. more can be done. I fear that we have not safety. Army Reserves, however, when the Korean seen the last of the corporate abuse exhibited A growing perception of the need to take conflict began he immediately volunteered by the Enrons and Worldcoms of the world, corrective action to improve safety was the again for active duty. After the Korean War he especially with regard to the raiding of pension motivation for a major summit meeting of the returned to the Reserves, serving a total of 37 funds. fire service community in March 2004. The years. I am concerned about a growing number of summit developed 16 fire fighter life safety ini- On December 15, 1950 in Korea when Bill corporate executives in America who are less tiatives, which are listed in the resolution be- Rutter was a Sergeant First Class with Fox than fully accountable to their shareholders or fore the House. Company, 7th Infantry, 3rd Regiment I.D., he employees. Some continue to demand and re- Unfortunately, despite widespread dissemi- volunteered to take a combat patrol out to ceive outrageous salaries and perks while nation and discussion of the initiatives, correc- probe and locate the enemy position and their companies flounder. In some cases, tive action has been slow to develop, and the strength. Easy Company, 7th Infantry Regi- these executives face civil and criminal inves- trend in loss of life in the fire services has not ment was pinned down. When they reached a tigations for fraud and corruption. improved. position approximately opposite Easy Com- The current environment under which Cor- The stand down constitutes an action to try pany they drew extremely heavy fire from the porate America pays its executives allows for to change the culture, which is widely believed enemy force. There appeared to be two rein- minimal, if any, input by the shareholders. Of- to be the key factor in bringing about construc- forced rifle companies with attached units. All tentimes their will is suppressed, as was the tive change. of this patrol, with the exception of Sergeant case with Alcoa Inc. in 2003, when the board The fire services perform a critical public Rutter, sustained wounds. He located a posi- of directors rejected a proposal approved by safety role and all Americans respect the high tion that was protected where they couldn’t be the majority of shareholders that urged the level of devotion to duty and sacrifice that hit. He instructed his men to start walking board of directors to seek shareholder ap- characterize fire service personnel. I applaud back down the hill slowly one at a time while proval for future severance agreements with this resolution that seeks to reduce the loss of he and one of his men who was unable to senior executives. Boards of directors continue life and serious injury that too often occur to walk provided cover fire. When they were all to reward their executives with outrageous re- fire fighters during the performance of their down the hill, Mr. Rutter strapped the wound- tirement packages regardless of the com- hazardous duties. ed young Private on his back with his rifle belt pany’s performance. Not only is the discrep- Mr. Speaker, I comment this resolution to and ran down the hill under extremely heavy ancy between pay and performance a prob- my colleagues and ask for their support in its fire. Sergeant Rutter was able to get all his lem, but the fact that the disclosure to share- passage by the House. men out alive that day. holders comes months after the payments are Since 1997, 29 Oregon firefighters have Following his heroic service Bill Rutter made is troubling. been listed in the Fallen Firefighter Memorial served as a Deputy Federal Marshall and One of the most disturbing facts of these Database of the U.S. Fire Administration. They spent time working with the Federal Bureau of misguided or criminal actions by corporate are: Prisons in several locations, including Alcatraz leaders is that their employees see their hard- Sanit Arovitx, Richard Hernandez and Kip in California. He concluded his service in Col- earned profit sharing plans disappear. Yet, Krigbaum (Columbia Helicopters, USDA Fire orado working for the Youth Conservation these corporate ‘‘rock stars’’ ride off with their Service contractor); Core under the Bureau of Land Management. guaranteed benefits package intact, while the

VerDate Aug 04 2004 07:55 Jun 24, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JN8.023 E23PT1 June 23, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1319 workers and shareholders take it on the chin. On the outskirts, many ex-offenders are RECOGNIZING THE 100TH ANNIVER- Their investments and savings, tied to cor- frustrated and discouraged in their efforts to SARY OF ST. THOMAS THE APOS- porate growth and built up over the years, become contributing members of society. De- TLE CATHOLIC CHURCH LONG have vanished. Plans of retirement are halted, nied the right to vote and to choose leaders BEACH, MISSISSIPPI either permanently or indefinitely; and many and policymakers, ex-offenders often feel that workers find themselves forced to work in their they are not a part of this democratic system HON. GENE TAYLOR golden years. and this society. Their alienation, compounded OF MISSISSIPPI Today, I have introduced legislation to re- by the stigma of their criminal record, limits IN THE HOUSE OF REPRESENTATIVES quire an advance disclosure to a company’s their ability to be fully reintegrated into society. shareholders upon the creation of or substan- If we believe in our current penal process, Wednesday, June 22, 2005 tial increase in special retirement plans for ex- then the penalties imposed by judges and ju- Mr. TAYLOR of Mississippi. Mr. Speaker, I ecutives. This will bring desperately needed ries should be the only sanctions for one’s rise today to recognize the 100th anniversary transparency to the boardroom. Under current crime, not the invisible sanctions of the legisla- of St. Thomas the Apostle Catholic Church lo- law, benefits payable under these plans are ture. If we do not believe in that process, then cated in Long Beach, Mississippi. not considered reportable compensation, we should work to effectively reform the sys- In early 1905, Bishop Thomas Heslin of the which is why this disclosure is necessary. This tem and allow it to serve its true criminal, rath- Natchez Diocese directed the order of St. Vin- would allow shareholders to be proactive in er than civil, purpose. Regardless of our belief cent de Paul, known as Vincentians, to build determining whether or not their CEO de- in the criminal justice system, disenfranchise- a church and religious retreat to fill the needs serves the millions he or she is getting paid. ment of ex-offenders is abhorrent to our be- of the parishioners of Long Beach, Mississippi I understand that this is a departure from liefs. They are citizens. They have paid for City, Perkinston and Wiggins. Forty acres of the typical form of disclosure, however I be- their violations of our laws and they must be land were acquired on the Mississippi Gulf lieve the current environment under which effectively reintegrated into our communities. Coast, and the church was consecrated as St. Corporate America operates needs to change. I submit for the RECORD an editorial from to- Thomas the Apostle Catholic Church on July We must improve investor confidence, and the day’s edition of the New York Times. Con- 15, 1905. advance disclosure of excessive corporate gress should heed the advice of the New York As the City of Long Beach grew, so did the compensation will move us in that direction. Times on this issue and once again protect mission of the church. In 1915, St. Thomas f the right to vote for all Americans. Too many was designated a parish church by Bishop A HEALTHY DEMOCRACY have fought and died for this right to be lost. John Gunn with Father Joseph Hagar serving [From the New York Times, Jun. 22, 2005] as the new parish’s first pastor. September 3, 1922 marked the first day of school for stu- HON. CHARLES B. RANGEL EXTENDING DEMOCRACY TO EX-OFFENDERS dents of St. Thomas Elementary School, OF NEW YORK JUNE 22.—The laws that strip ex-offenders IN THE HOUSE OF REPRESENTATIVES of the right to vote across the United States staffed by the Daughters of Charity. August 17, 1969 marked a tragic day for all Wednesday, June 22, 2005 are the shame of the democratic world. Of an estimated five million Americans who were of South Mississippi when the Gulf Coast was Mr. RANGEL. Mr. Speaker, I rise today to barred from voting in the last presidential struck by Hurricane Camille, a category 5 recognize the basic fact that, in our hearts, the election, a majority would have been able to storm and the strongest hurricane to strike the American people truly love democracy. We vote if they had been citizens of countries United States in the 20th century. Camille de- love the ability of the people to influence the like Britain, France, Germany, or Australia. stroyed the original 1905 St. Thomas Church Many nations take the franchise so seriously actions of decision-makers, of lawmakers and and most other church associated buildings. presidents to be removed from or elevated to that they arrange for people to cast ballots while being held in prison. In the United As the region slowly recovered the church was office by the will of voters, and of the commu- States, by contrast, inmates can vote only in rebuilt. Bishop Joseph Brunini dedicated the nity to connect amongst diverse populations two states, Maine and Vermont. new St. Thomas Church on August 20, 1972. through the ballot box. We have passed legis- This distinctly American bias—which ex- The Vincentians ceded the parish to the Di- lation, protested on streets and waged wars to tends to jobs, housing, and education—keeps ocese of Biloxi in the summer of 1993, and guarantee that every American has our most even law-abiding ex-offenders confined to the Father Louis Lohan was named pastor of the basic right, the right to vote, and our defining margins of society, where they have a noto- congregation. The church’s most recent major moments have been about the protection of riously difficult time building successful lives. A few states, at least, are beginning to addition was the Parish Life Center, which this individual right. was dedicated in November 2002. Despite the struggles and challenges of the grasp this point. Some are reconsidering postprison sanctions, including laws that bar So it is my great honor to congratulate the past and our passion for voting rights, we still ex-offenders from the polls. people of St. Thomas the Apostle Catholic routinely deny the right to vote to millions of The Nebraska Legislature, for example, re- Church on their 100th anniversary. ex-offenders, who have paid back their debt to cently replaced a lifetime voting van for con- f society. In many states, there is no judicial de- victed felons with a system in which ex-of- termination of this high penalty. There is no fenders would have their rights automati- TRIBUTE TO VERNON PARKER connection to the crime committed and the cally returned after a two-year waiting pe- punishment imposed. The denial of the right to riod. Iowa, which also bars former prisoners HON. TRENT FRANKS vote is automatic based simply on a convic- from voting for life, took a similar step for- ward last week when Gov. Tom Vilsack an- OF ARIZONA tion, regardless of the nature of the crime or nounced his intention to sign an executive IN THE HOUSE OF REPRESENTATIVES the individual involved. Reversing that decision order that would restore voting rights to fel- Wednesday, June 22, 2005 and retaining one’s right to vote in many ons after they complete their sentence. states is nearly impossible and requires action Governor Vilsack’s decision is particularly Mr. FRANKS of Arizona. Mr. Speaker, it is by the Governor. As a Nation, we have long important, given that Iowa has some of the my great privilege to rise today in support of fought for the right of every citizen to vote; it most severe postprison sanctions in the a statement entered into the RECORD June should not be so easy to take that right away. country. Governor Vilsack’s decision is par- twenty-first by my friend and colleague, Mrs. ticularly important, given that Iowa has This denial erases the very core of our citi- MUSGRAVE of Colorado, to pay tribute to an some of the most severe postprison sanctions zenship. It places the released ex-offenders in the country. The other four states with extraordinary man, Vernon Parker, who is the on the outskirts of society and outside the de- similar laws are in the South, where dis- kind of man that represents the backbone of cision making process. Their voice is silenced enfranchisement was created about a cen- the American way of life. on the important issues of their community tury ago, partly to keep black Americans Vernon is first and foremost a husband to and this great Nation. Their unalienable right from exercising their right to vote. Sylvia, a father to Jim and Joe and a grand- is taken away by legislative fiat in the interest The Iowa and Nebraska cases reflect a father to Jennifer and Nicholas. He has been of being ‘‘tough on crime.’’ They are ostra- growing awareness in some of the states that a teacher, an elementary and junior high cized from their community and effectively de- these laws offend the basic principles of de- school principal and an outstanding civic lead- mocracy. They also stigmatize millions of nied the right to choose representatives and Americans, many of whom have paid their er. But it was as the school superintendent in voice their opinion in public policy. They are debts to society and want nothing more than Briggsdale, Colorado, that our life paths inter- relegated to the status of second-class citi- to rejoin the mainstream. The more the sected. There were eleven children in my third zens in terms of politicians, community lead- United States embraces this view, the grade class. The entire school system, kinder- ers, and unfortunately themselves. healthier we will be as a nation. garten through twelfth grade, had only one

VerDate Aug 04 2004 07:55 Jun 24, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JN8.026 E23PT1 E1320 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2005 hundred and two students. In that idyllic set- ber of the Hawaii Rifle Association, a member procedure for ostomy patients. His peers have ting, Vernon Parker made the third grade a of the Battleship Missouri Amateur Radio recognized him on many occasions, including special place of learning for me. As I look Club, and a longtime active member of the the 1989 Galens Medical Society Silver Shov- back upon those years, it is easy to recognize MG Car Club of Long Island; el Award for Outstanding Clinical Teacher. that Vernon Parker planted more than just a Whereas Jay Magin was also active in the When not teaching, researching, or lecturing, garden we could always find him tending. He American Red Cross’ Human Animal Bond Dr. Bartlett can be found as a member of the planted hopes and dreams into the minds and program at Tripler Army Medical Center and a Life Science Orchestra and the Ann Arbor hearts of the children of Briggsdale, Colorado. member of Calvary By the Sea Lutheran Civic Orchestra. As I reflect on the impact that educators Church in Aina Haina; Mr. Speaker, for decades, Dr. Robert Bart- have on the lives of their students, I think not Whereas Jay Magin and his wife Judy, long- lett has selflessly worked to enhance and im- only of scholastic standards but of their ability time residents of Huntington, New York, were prove the quality of life for not only his pa- to instill the invaluable desire to learn—to married for 43 years and had two children: tients, but for all those he has come across. reach for something greater than ourselves. Janis, an editor with The Associated Press in I ask my colleagues to please join me in con- For many years, as a teacher, a principal and Honolulu, and John, a Mac Genius with Apple gratulating him on his career, and wishing him school superintendent, Vernon Parker touched Computer in New York City; the very best in all his future endeavors. literally all of the lives of the children in the Whereas Jay Magin is survived by his wife, f small town of Briggsdale. That is quite an hon- Judy; daughter Janis of Honolulu, Hawaii; son orable legacy in itself. John and daughter-in-law Marianne of Hun- PERSONAL EXPLANATION Yet we also as Americans owe a debt of tington Station, New York; a brother, James gratitude to this man for his service to our O. Magin of Freeport, New York; a sister, HON. EARL BLUMENAUER country in the Korean War where his efforts as Mary Ann Potito of Selden, New York; several OF OREGON a member of the ‘‘Wolfpack,’’ a special unit nieces and nephews; and his beloved pets IN THE HOUSE OF REPRESENTATIVES which aided friendly North Koreans, helped Willem and Ekhai: Now therefore be it Wednesday, June 22, 2005 save American lives. He served from 1949 Resolved, in the U.S. House of Representa- until 1953. He was awarded the Silver Star for tives, that Congresswoman DIANE E. WATSON, Mr. BLUMENAUER. Mr. Speaker, on Thurs- gallantry in action, and during one battle he (1) Mourns the passing of Jay Magin; day, June 16 and Friday, June 17, 2004, I was used a bazooka to destroy a Communist North (2) Recognizes Jay Magin’s legacy of chari- not present for votes because I was testifying Korean tank. Also in that battle, he was table service, professional work ethic, bountiful before a Base Closure and Realignment Com- wounded by a mortar shell and was awarded kindness, and soft spoken manner; and mission hearing in Portland. Had I been the Purple Heart. (3) Fondly remembers Jay Magin’s easy present for the following votes, I would have When Vernon retired from teaching and laughter, charm, and the fact that he never ut- voted as follows: then oversight of the school system, he tered a harsh word about others. Rollcall Vote 270: I would have voted ‘‘aye’’ opened and ran a small business. He was a f on the King (NY) Amendment to deny immu- member of the Lions Club and the V.F.W., a nity to any U.N. Official who is under inves- HONORING DR. ROBERT H. Boy Scout leader and a volunteer fireman. tigation or charged with a criminal offense be- Vernon Parker has dedicated his life to pub- BARTLETT cause a person should not avoid investigation lic service and most importantly to children. I for a serious criminal offense because they am greatly privileged to count myself among HON. DALE E. KILDEE are a United Nations employee. those children whose lives he touched and en- OF MICHIGAN Rollcall Vote 271: I would have voted ‘‘aye’’ couraged, motivated and disciplined on my IN THE HOUSE OF REPRESENTATIVES on the Poe Amendment requiring OMB to sub- mit a report on U.S. contributions to the U.N. childhood journey to that better day in life. Wednesday, June 22, 2005 May God Bless our educators, may God because it would improve the ability of Con- bless our veterans, may God bless America Mr. KILDEE. Mr. Speaker, today I rise to gress to carry out its oversight responsibility. and may God bless Vernon Parker! honor the accomplishments of Dr. Robert H. Rollcall Vote 272: I would have voted ‘‘aye’’ Bartlett of the University of Michigan Medical f on the Cantor Amendment to deny Iran nu- Center. On Thursday, June 23, family and clear materials and assistance because I am RESOLUTION IN MEMORY OF JOHN friends, including many of Dr. Bartlett’s former greatly concerned about Iran’s efforts to de- C. ‘‘JAY’’ MAGIN patients, will gather to recognize his life and velop nuclear weapons and support inter- legacy. national efforts to prevent that. HON. DIANE E. WATSON Renowned and respected for his roles as Rollcall Vote 273: I would have voted ‘‘no’’ OF CALIFORNIA Professor of General and Thoracic Surgery at on tabling the Nadler Resolution because I be- IN THE HOUSE OF REPRESENTATIVES U–M Medical Center, Dr. Robert Bartlett is lieve Congress needs to provide stronger celebrated around the world for his pioneering oversight in a bipartisan fashion and take a Wednesday, June 22, 2005 work in the development of extra corporeal serious look at the PATRIOT Act. Ms. WATSON. Mr. Speaker, membrane oxygenation, or ECMO. ECMO, a Rollcall Vote 274: I would have voted ‘‘aye’’ Whereas John C. ‘‘Jay’’ Magin was born technique that has paved new roads in the on the Royce Amendment prohibiting the March 20, 1937, in Port Jefferson, New York, treatment of infant pulmonary distress, has elimination of single-country human rights res- who as a toddler traveled with his family as saved the lives of more than 5,000 infants in olutions because, while I oppose mandatory his father, a radio engineer for the Civil Aero- the past two decades, and has been success- withholding of dues, the U.N. needs to be a nautics Administration, worked to establish fully applied to children and adults with revers- credible voice for human rights and I believe landing control towers at airports during World ible heart or lung failure. that this requirement is achievable. War II.; After completing his residency in Boston Rollcall Vote 275: I would have voted ‘‘no’’ Whereas the Magin family settled in Kansas and serving as an instructor at Harvard Med- on the Fortenberry Amendment to ensure the City, Missouri in 1942, and moved to ical School, Dr. Bartlett became Assistant Pro- formal adoption and implementation of mecha- Lynbrook, New York in 1947; fessor of Surgery at the University of Cali- nisms to: (1) Suspend the membership of a Whereas Jay Magin graduated in 1955 from fornia-Irvine. His first groundbreaking use of Member State if it is engaged or complicit in Bishop Laughlin Memorial High School in ECMO on an infant came in 1975, with doz- acts of genocide, war crimes, or crimes Brooklyn, New York, where he had been ac- ens more successful cases spanning the next against humanity; (2) impose an arms and tive in the Army’s JROTC program; 5 years. From there, Dr. Bartlett moved the trade embargo, travel restrictions and asset Whereas Jay Magin attended Rensselaer ECMO program to Ann Arbor, MI, the city of freeze upon groups or individuals responsible Polytechnic Institute in Troy, New York, went his birth. Within the first 5 years at U–M Med- for such acts; (3) deploy a U.N. peacekeeping to work for Grumman Corporation in the late ical Center, ECMO evolved from an experi- operation from an international or regional or- 1950s, and spent a long career working in avi- mental procedure to the standard practice of ganization; (4) deploy monitors from the U.N. onics support before retiring in 1989 and then 18 medical facilities nationwide. High Commissioner for Refugees to the area moving to Hawaii; In addition to his work with ECMO, Dr. Bart- where such acts are occurring; and (5) author- Whereas Jay Magin was a member of the lett has conducted research designed to ad- ize the establishment of an international com- Kailua Elks Lodge 2230, an instructor in Les- vance lung transplantation, and is one of the mission of inquiry into such acts as part of the sons in Firearms Education (L.I.F.E.), a mem- State’s leading authorities on the Koch Pouch certification and withholding process because,

VerDate Aug 04 2004 07:55 Jun 24, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JN8.030 E23PT1 June 23, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1321 while I support the goals of the amendment, solved with a simple act of Congress or an as lynchings, the Senate vote is both a vali- implementing these reforms would require a apology. dation of the NAACP’s need to exist as it ap- consensus of all U.N. member states, thus Last week, after the Senate officially apolo- proaches its centennial and a reason to hope gized for its failure to pass anti-lynching legis- that one day all forms of racial lynchings giving North Korea or Iran the ability to deter- within the United States will cease. The vote mine whether the U.S. withholds dues and lation, I came before this body to recognize offers a ray of hope that America will per- cripples the U.N. the important first step of the other chamber severe to see an end to racial disparities in Rollcall Vote 276: I would have voted ‘‘no’’ on race relations. Today, I want to remind this incarceration rates, health care, wealth, on the Flake Amendment requiring the U.N. to chamber as well that the problems of race re- housing and employment.’’ release documents related to the Oil-for-Food lations and racism did not evaporate with the Washington Bureau Chief Hilary Shelton Program and waive immunity for U.N. officials end of lynchings in the 1940s, nor the end of said, ‘‘Our hope is that as we move toward in connection with the program, as part of the segregation, nor the end of the Civil Rights reconciliation, the Congress will establish a federal commission to investigate all of the certification and withholding process since it is Movement, nor the end of the 20th century. lynchings to determine the extent of the not a compelling enough reason to add to the The problems and challenges are still alive damage done and what it will take for final certification and withholding process, which I and well today. healing.’’ oppose. The lynchings of the early 1900s were a The resolution, sponsored by Sens. George Rollcall Vote 277: I would have voted ‘‘aye’’ form of torture and control used to constrain Allen, R–Va., and Mary Landrieu, D–La., was on the Chabot/Lantos Amendment opposing the aspirations of African Americans and oth- approved by 80 of the Senate’s 100 members. anti-Semitism at the U.N. because I share this ers in their fight for freedom and justice. The Notably absent among the endorsers were concern and, while I oppose mandatory with- fear and intimidation used then curtailed the two senators from Mississippi, Sens. Thad Cochran and Trent Lott. From 1882 to 1968, holding of dues, this amendment places re- ambitions of generations of African-Americans there were 4,742 lynchings nationally. During quirements on the President, not the United and stifled their educational and social that period, Mississippi had the highest num- Nations. progress in this country for generations to ber of lynchings, 581, according to the Rollcall Vote 278: I would have voted ‘‘no’’ come. The apology of the Senate is much ap- Tuskegee Institute records. According to the on the Pence Amendment to try and deny the preciated, but, as I said last week, more resolution, 99 percent of the lynching per- veto to any U.N. Security Council permanent needs to be done to undo the harmful effect petrators escaped punishment. The Senate failed to act on federal anti- member who pays less than 1⁄5 the level of of lynching and Congress’s failure to act. U.S. dues because it would weaken the veto A champion of anti-lynching legislation in lynching legislation that passed the House of Representatives three times between 1920 which, while often abused, is the best guar- the 1940s is still an important voice of civil and 1940. The lynchings were often part of a antor that the U.N. will act in the United rights in 2005. The National Association for campaign of intimidation against African States’ interests. the Advancement of Colored People (NAACP). Americans who sought to vote, own a busi- Rollcall Vote 279: I would have voted ‘‘no’’ will soon be celebrating its centennial year of ness, buy land or campaign for equal rights. on the Gohmert Amendment to prohibit assist- service to race relations and reconciliation. In Founded in 1909, the NAACP is the nation’s ance to any country who votes with the U.S. the early 1900s, it fought for legal remedies to oldest and largest civil rights organization. at the U.N. less than 50% of the time because escalating violence and torture against African Its half-million adult and youth members many of our closest allies and countries most throughout the United States and the world Americans. It stood up proudly and strongly are the premier advocates for civil rights in in need of assistance often oppose the United for the rights of minorities in the country as their communities, conducting voter mobili- States’ position at the U.N., at times with seri- they faced a system of discrimination and har- zation and monitoring equal opportunity in ous justification. assment designed to subdue the rights of an the public and private sectors. Rollcall Vote 280: I would have voted ‘‘no’’ entire group of Americans. f on the Stearns Amendment to increase with- Today, following the apology of the Senate, holding from 50 percent to 75 percent be- the NAACP is still a voice for the TRIBUTE TO LIEUTENANT cause I believe that, if any withholding of dues disenfranchised and the powerless. Its opin- COLONEL JOSEPH W. CORRIGAN is counterproductive to U.N. reform, more ions on the next steps in racial reconciliation withholding of dues is more counterproductive. are important and should be heeded by this HON. GENE TAYLOR Rollcall Vote 281: I would have voted ‘‘aye’’ body. NAACP Interim President and CEO OF MISSISSIPPI on the bipartisan Lantos-Shays Amendment in Dennis Courtland Hayes also recognized the IN THE HOUSE OF REPRESENTATIVES the nature of a substitute which authorizes, actions of the Senate last week as an impor- Wednesday, June 22, 2005 but does not mandate, withholding of dues be- tant first step. He recommends that the U.S. cause it provides flexibility to the Secretary of Congress pursue strategies and dialogue fo- Mr. TAYLOR of Mississippi. Mr. Speaker, I State in promoting an agenda of U.N. reform. cused on alleviating the disparities and in- rise today to pay tribute and to recognize the Rollcall Vote 282: I would have voted ‘‘no’’ equalities between whites and blacks that are outstanding service of Lieutenant Colonel Jo- on final passage of H.R. 2745 because I op- the consequence of the systematic oppression seph W. Corrigan, who retires this July after pose mandatory withholding of U.N. dues. I of blacks by whites throughout the history of twenty-three years of selfless and dedicated believe we should have come up with a bipar- the United States. service while working for the United States tisan bill that reflects the conclusions of the I submit for the RECORD the following press Army, the Army Corps of Engineers, and Army Gingrich-Mitchell Task Force, that supports ef- release from the NAACP concerning the Sen- Legislative Liaison. Lieutenant Colonel forts underway at the United Nations to re- ate apology. I would hope that my colleagues Corrigan is a decorated Iraqi Freedom combat form, and pushes those reforms to be real and would take a moment to listen to this sage ad- veteran who has not only demonstrated his prompt, instead of taking this highly partisan vice. I would like to thank Mr. Hayes for his courage in a hostile fire zone but his fervent bill, which the Bush Administration and U.N. leadership on the issue and his efforts to compassion for people suppressed by years of experts from all political beliefs say will alien- move the nation towards a full accounting of tyranny and his untiring love of Country as he ate our pro-reform allies and make reform less the consequences and an acknowledgment of dedicated over twenty years of voluntary serv- likely, not more. the debt incurred. ice to our Nation. Lieutenant Colonel Corrigan began his ca- f NAACP SAYS LYNCHING RESOLUTION LONG OVERDUE reer as a United States Military Academy THE SENATE APOLOGY FOR graduate, Class of 1982, and was immediately JUNE 15.—NAACP Interim President and LYNCHING: A FIRST STEP IN RA- CEO Dennis Courtland Hayes said the U.S. selected to lead our Nation’s Sons and CIAL RECONCILIATION Senate vote to apologize for the lynchings of Daughters, an honor he accepted with great thousands of people, mostly African Ameri- pride. During his superb career he has met HON. CHARLES B. RANGEL cans, is long overdue, but is a good first step the call of our Nation in both positions of lead- toward reconciliation and the official ac- OF NEW YORK ership and staff while both he and his family knowledgement of a dark period in U.S. his- IN THE HOUSE OF REPRESENTATIVES endured the hardships of deployments and tory. separation. As a testament to his profes- Wednesday, June 22, 2005 ‘‘The NAACP was formed in 1909 in reac- tion to the lynchings of African Americans sionalism, in 2002 he was awarded the Pace Mr. RANGEL. Mr. Speaker, I rise today to during the 19th and 20th centuries,’’ said Award as the Department of the Army Staff remind Members of the House of Representa- Hayes. ‘‘Coming 96 years after the NAACP Officer of the Year. tives and the Senate that the problems of ra- was founded by black and white Americans Recently, Lieutenant Colonel Corrigan cial reconciliation will not be addressed or for the purpose of halting horrific acts such proudly served the citizens of our great State

VerDate Aug 04 2004 07:55 Jun 24, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JN8.034 E23PT1 E1322 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2005 of Mississippi in his capacity as the Deputy Di- INTRODUCTION OF THE GUANTA- of that office’s ongoing responsibility to pre- rector, U.S. Army Corps of Engineers—Mobile NAMO DETAINEES PROCEDURES pare, and submit to the Committee on the Ju- Engineer District where he managed all the ACT OF 2005 diciary one Title at a time, a complete com- Corps of Engineer programs for five South- pilation, restatement, and revision of the gen- eastern States as well as Central and South HON. ADAM B. SCHIFF eral and permanent laws of the United States. All changes in existing law made by this bill OF CALIFORNIA America. Lieutenant Colonel Corrigan has are purely technical in nature. The bill was IN THE HOUSE OF REPRESENTATIVES spent a major portion of his career with Army prepared in accordance with the statutory Legislative Liaison providing both the Army Wednesday, June 22, 2005 standard for codification legislation, which is and Congress with valuable professional in- Mr. SCHIFF. Mr. Speaker, I rise today to in- that the restatement of existing law shall con- sights and advice that have had a direct and troduce the Guantanamo Detainees Proce- form to the understood policy, intent, and pur- positive impact on transforming the Army to dures Act of 2005. As the war on terrorism pose of the Congress in the original enact- meet the current and future requirements of a continues and more suspected terrorists are ments, with such amendments and corrections Nation at War. likely to be arrested, Congress must ensure as will remove ambiguities, contradictions, and that justice is delivered swiftly and responsibly other imperfections. Mr. Speaker, as Lieutenant Colonel Joseph in order to punish terrorists, prevent future at- The bill, along with a detailed section-by- Corrigan leaves twenty-three years of Military tacks, and ensure swift and just processing of section explanation of the bill, can be Service to our Country, I offer not only con- those detained. accessed on the Internet site of the Office of gratulations on his accomplishments but heart- Over 500 detainees are currently being held the Law Revision Counsel (http:// felt thanks for his selfless service to our great in Guantanamo Bay, most of them captured in uscode.house.gov/). Persons interested in ob- Nation and a wish for his continued success. Afghanistan after the U.S.-led invasion in taining a printed copy of the bill and expla- 2001. Some detainees have been there for nation, and persons interested in submitting f more than three years without being charged. comments on the bill, should contact Rob These individuals should be tried or released. Sukol, Assistant Counsel, Office of the Law HONORING MR. MERLE SAUNDERS Congress must provide for the swift and de- Revision Counsel, U.S. House of Representa- liberate processing and prosecution of detain- tives, H2–304 Ford House Office Building, ees in a manner that appropriately balances Washington, DC, 20515. The telephone num- HON. GREG WALDEN the country’s national security needs with the ber is 202–226–9060. Comments on the bill should be submitted to the Office of the Law OF OREGON country’s due process interests. The Guanta- namo Detainees Procedures Act of 2005 is Revision Counsel no later than 60 days after IN THE HOUSE OF REPRESENTATIVES drafted with this goal in mind. date of introduction. Specifically, the legislation does the fol- f Wednesday, June 22, 2005 lowing: Provides that the executive branch has TRIBUTE TO SECURITIES AND EX- Mr. WALDEN of Oregon. Mr. Speaker, col- the authority to detain foreign nationals as un- CHANGE COMMISSION CHAIRMAN leagues, I rise today in honor of a dedicated lawful combatants; provides a timely hearing WILLIAM H. DONALDSON public servant and inspirational teacher, Mr. before an independent military officer to chal- lenge their designation as an unlawful combat- Merle Saunders, on his induction into The Na- HON. CHARLES H. TAYLOR ant; requires release/repatriation or initiation of tional Teachers Hall of Fame. Mr. Saunders OF NORTH CAROLINA formal charges within two years; provides a IN THE HOUSE OF REPRESENTATIVES teaches Automotive Technology at Vale High limited extension if the Secretary of State cer- School in Vale, Oregon, a rural town of ap- tifies that the individual remains a national se- Wednesday, June 22, 2005 proximately 1,000 located in eastern Oregon. curity threat and is likely to undertake terrorist Mr. TAYLOR of North Carolina. Mr. Speak- This tremendous honor is well-deserved and I acts against the U.S. and that repatriation of er, today I rise to honor the accomplishments am proud to recognize him for this achieve- the detainee or the commencement of formal of outgoing Securities and Exchange Commis- ment. charges will compromise the national security sion Chairman William H. Donaldson. Chair- of the U.S. by curtailing intelligence gathering, man Donaldson has announced his retirement, One of only five individuals nationwide to be jeopardize intelligence sources necessary to but he leaves behind a legacy of hard work, inducted into the Hall of Fame this year, Mr. prosecute the detainee, or other extraordinary integrity, and achievement. Saunders has been recognized for his 25 circumstances justify the delay; requires the Mr. Donaldson was certainly well prepared years educating students in Vale. During his establishment of tribunals with clear standards to lead the SEC. He is a veteran of the Marine career, he has received numerous awards, in- and procedures designed to ensure a full and Corps and a graduate of Yale University. The cluding six teacher-of-the year awards, from fair hearing for the detainee when formal Chairman has more than 45 years of high- organizations such as AAA, the Environmental charges are initiated; requires annual reports level business and government experience. Protection Agency, the Vale Chamber of Com- to Congress on the status of all detainees. He is the founder and former CEO of the in- merce and the prestigious Milken Family Mr. Speaker, in sum, the Guantanamo De- vestment banking firm Donaldson, Lufkin and Jenrette and is the former Chairman and CEO Foundation. tainees Procedures Act of 2005 will provide an expeditious procedure for processing and of the New York Stock Exchange. Chairman His excellence in instruction extends beyond prosecuting terrorists and will also ensure that Donaldson has over five decades of govern- the walls of Vale High School’s classrooms. the hallmark of our democracy—justice for ment experience, including service as Under The school’s automotive troubleshooting team, all—is not compromised. Secretary of State to Henry Kissinger. When Mr. Donaldson took the helm of the which Mr. Saunders advises, has won 14 f State championships and has received several SEC on February 18, 2003, our faith in cor- CODIFICATION OF TITLE 51, OF national trophies. porations and financial markets was severely THE UNITED STATES CODE—NA- strained. The Chairman immediately set out to Mr. Speaker, great teachers possess a valu- TIONAL AND COMMERCIAL remedy these ills by advocating internal reform able combination of intelligence, talent, pa- SPACE PROGRAMS of the Commission and external reform of se- tience and a genuine compassion for their stu- curities markets. Chairman Donaldson has ac- dents. The mission of The National Teachers HON. F. JAMES SENSENBRENNER, JR. complished his primary goals of improving dis- Hall of Fame is to ‘‘recognize and honor ex- OF WISCONSIN closure and transparency, protecting investors ceptional teachers.’’ They have accomplished IN THE HOUSE OF REPRESENTATIVES by helping to eliminate conflicts of interest and this with the induction of Mr. Saunders. self-dealing by brokers, detecting and pun- Wednesday, June 22, 2005 ishing securities fraud, and making the SEC I would like to formally thank him for his Mr. SENSENBRENNER. Mr. Speaker, today more effective, efficient and cooperative. In service, commitment and dedication to young I am introducing a bill to codify and enact cer- addition, Chairman Donaldson has taken the people at Vale High School and congratulate tain existing laws related to National and Com- agency from a re-active to pro-active posture. him on the receipt of this prestigious honor. mercial Space Programs as Title 51 of the Donaldson once said ‘‘look over hills and He is an inspiration to his students, his col- United States Code. The bill was prepared by around corners’’ and introduced a risk-based leagues and to us all. the Office of the Law Revision Counsel as part approach to actions.

VerDate Aug 04 2004 07:55 Jun 24, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JN8.037 E23PT1 June 23, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1323 Through the principle and diligence of Wil- so far and a day to let that progress encour- RECOGNIZING FIRST BAPTIST liam Donaldson, the agency completed the age us as we walk together towards an even CHURCH YOUTH CHOIR—SUL- Sarbanes-Oxley rulemaking process, strength- better future. PHUR SPRINGS, TX ened mutual fund oversight to alleviate poten- tial fraud and abuse in the future, and rein- f HON. RALPH M. HALL forced the SEC’s enforcement and examina- OF TEXAS tion programs. During his tenure the SEC NATIONAL ENDOWMENT FOR THE IN THE HOUSE OF REPRESENTATIVES hired 1,200 new employees and also pro- ARTS moted teleworking and a virtual workforce. Wednesday, June 22, 2005 Perhaps most impressively, under Mr. Mr. HALL. Mr. Speaker, today I am honored Donaldson’s leadership the agency prosecuted HON. BETTY McCOLLUM to pay tribute to the First Baptist Church Youth more than 1,700 enforcement actions, the two Choir in Sulphur Springs, Texas. The choir is OF MINNESOTA highest annual totals in the SEC’s history. made up of 84 high school students. They During this time the SEC authorized more IN THE HOUSE OF REPRESENTATIVES have traveled to New York City, San Diego, than $7 billion in penalties to companies which San Francisco, Washington DC, Canada, the have not played by the rules. Wednesday, June 22, 2005 Bahamas, Disney World, Puerto Rico, Hawaii, Mr. Speaker, our Nation’s financial institu- Mexico, and this year will be traveling to Ire- Ms. MCCOLLUM of Minnesota. Mr. Speak- tions are stronger and more secure because land. On these trips, the choir performs con- er, as a member of the Congressional Arts of the due diligence of William H. Donaldson. certs in areas approved by the city, usually Caucus, I rise today in support of the amend- I know that my colleagues in the House of outdoors where anyone who is walking by can Representatives wish him well in his future en- ment to increase funds by $10 million to the stop and listen. While the students are per- deavors. But at this moment and at this time National Endowment for the Arts and $5 mil- forming, the adult sponsors talk to those who in our country’s history he and his staff have lion to the National Endowment for the Hu- are listening and distribute free Bibles to any- made a great contribution. manities. one who asks for one. These high school stu- f The value of Federal arts programs lies in dents have been able to reach the hearts of their ability to nurture the growth and artistic thousands of people in a variety of places. TO WELCOME HIS EXCELLENCY excellence of thousands of arts organizations The youth choir began in 1981 under the PHAN VAN KHAI, PRIME MIN- leadership of the Minister of Music of First ISTER OF VIETNAM and millions of artists throughout the Nation, making a variety of arts—performance, graph- Baptist Church, Fred Randles, and his wife, ic, literature, and media—available to millions Jane. The students meet every Sunday HON. ROB SIMMONS evening for rehearsal. Throughout the year, of Americans. OF CONNECTICUT they perform at church services and at Holiday IN THE HOUSE OF REPRESENTATIVES The NEA is the Nation’s largest annual in the Park at Six Flags over Texas to help funder of the arts, bringing great art—both Wednesday, June 22, 2005 them prepare for their summer trip. During the new and established—to all 50 States, includ- spring, they begin to learn choreography for Mr. SIMMONS. Mr. Speaker, as the Repub- ing rural communities, inner-city neighbor- the songs they sing. lican Chairman of the U.S.-Vietnam Caucus hoods, schools, and military bases. The choir has received certificates of appre- here in the House, I rise today to welcome His ciation from four different Presidents, the U.S. Support for the arts is a critical investment Excellency Phan Van Khai, Prime Minister of Congress, and Disney World Entertainment In- in the economic growth of every community in Vietnam. dustry. They have also been recognized by I am delighted to be here to celebrate this this country. The nonprofit arts industry gen- the Governor of Cozumel, Mexico, and the Ba- historic occasion—the first official visit of the erates $134 billion annually in economic activ- hamas tourist board, and they have had ap- Prime Minister of Vietnam to the United States ity, supports 4.85 million jobs, and returns pearances on Good Morning America and The Capitol here in Washington, DC. $10.5 billion to the Federal government in in- Early Show on CBS. Thirty five years ago I served in Vietnam as come taxes. In addition to performing, the students also a soldier. Two years ago I returned to that Minnesota’s 4th Congressional District alone participate in a number of ministry activities. In country searching for the remains of a fellow is home to over 1,200 arts-related businesses Hawaii, for example, they conducted Vacation soldier from my district, Captain Arnold Holm, that employ nearly 9,000 people. These busi- Bible School and Sports Camp, worked with who was shot down in Thua Thien Province in people who needed help around their house, 1972. Although we never found his crash site nesses range from theaters, arts schools, mu- seums, architecture firms, and advertising helped at homeless missions, and shared the or his remains, the Vietnamese Government gospel with people who live on the beach. agencies. In addition, unnumbered individual and people were extraordinarily generous and The First Baptist Church Youth Choir of Sul- and freelance artists call my district their helpful as we searched. phur Springs, TX has not only been blessed And while we did not find the crash site of home. I am proud to represent these artists by the opportunities they have had, but also Captain Holm, we did find something else of and their families. by the people whom they have met and asso- great value. We found Americans and Viet- I appreciate how the arts deeply enrich Min- ciated with in their travels, and in turn the namese of courage, good will and generous nesota. The educational, cultural, and eco- choir has been a blessing to their church and spirit who believed the time had come to heal nomic impact of the arts is very measurable. to multitudes of people around the world. As the wounds of war. As Senator JOHN MCCAIN Not only do 95% of Minnesotans believe that they travel to Ireland in July, I ask my col- said last night, we found people who were will- the arts are an important or essential part of leagues to join me in recognizing these out- ing to forget the pain of the past and move the education of Minnesota children, but 67% standing young people and commending them forward as friends to build a better future for of Minnesotans have attended an arts activity for the great work they are doing. all our people. f When I returned from my visit to Vietnam I themselves within the past year. In addition, joined my friend and colleague LANE EVANS to the arts in Minnesota have over a $1 billion PIERCE COUNTY COURTHOUSE create the U.S.-Vietnam Caucus. The purpose economic impact annually. CENTENNIAL of this caucus is to build constructive relation- Arts education has also been proven to help ships between our two countries; to search for students increase cognitive development, in- HON. RON KIND and recover the remains of soldiers of both spire creativity, and enhance problem-solving OF WISCONSIN countries; to develop tourism and trade; to skills. At a time when students are expected to IN THE HOUSE OF REPRESENTATIVES promote educational exchanges; and to build take more high stakes tests, we must support Wednesday, June 22, 2005 better relations between our people. the activities, such as the arts, that encourage Sir Winston Churchill once remarked, ‘‘The Mr. KIND. Mr. Speaker, I rise today to pay their success. pessimist sees difficulty in every opportunity. tribute to a historic building in my home district The optimist sees opportunity in every dif- It is with a commitment to the economic, so- in Wisconsin. Listed on the National Register ficulty.’’ I am an optimist. While there is much cial, and cultural well-being of my district, and of Historic Places, the Pierce County Court- work left to do, today is a day of optimism— of the Nation, that I rise today in support of house has served as a grand symbol of law a day to celebrate the progress we have made the National Endowment for the Arts. and order to the people of western Wisconsin

VerDate Aug 04 2004 07:55 Jun 24, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JN8.041 E23PT1 E1324 CONGRESSIONAL RECORD — Extensions of Remarks June 23, 2005 since 1905. I am pleased to honor the 100th forts and accomplishments in supporting small H.R. 2863, Defense Appropriations for FY anniversary of this unique building. business nationwide. Melanie became the 2006, on Monday, June 20 due to a travel As early French pioneers made their way Deputy Administrator of the Small Business delay. westward, they met the pristine beauty and Administration in April of 2002, and has since I would like the RECORD to reflect that I abundant natural resources of the Mississippi helped to lead the agency to greater efficiency would have voted ‘‘aye’’ on agreeing to the River and its surrounding lands. Where the and effectiveness while drawing attention to Vela´zquez amendment; ‘‘aye’’ on agreeing to Mississippi meets the St. Croix River, they women-owned businesses. She is leaving her the DeFazio amendment; ‘‘aye’’ on agreeing to also encountered one of the most dense con- position this month to pursue opportunities in the Doggett amendment; and ‘‘aye’’ on agree- centrations of native American villages in the the private sector. ing to the Obey amendment. upper Mississippi River Valley. It was here After 15 years at IBM, Melanie Sabelhaus f learned firsthand some of the challenges that where many decided to settle, including those PROVIDING FOR CONSIDERATION who began the first permanent settlement of face entrepreneurs when she started a prop- erty rental and management company in 1986. OF H.J. RES. 10, CONSTITU- Pierce County at Prescott in 1827. TIONAL AMENDMENT AUTHOR- By 1853, the population had grown and Melanie’s entrepreneurial drive and business IZING CONGRESS TO PROHIBIT pierce became its own county, separating from savvy grew her small business into a $10 mil- PHYSICAL DESECRATION OF THE St. Croix County. Prescott served as the first lion dollar a year enterprise. This woman is a FLAG OF THE UNITED STATES county seat, but in 1861 the people of the success story. county voted to change the seat to Ellsworth. When Melanie arrived at the SBA, she pledged to help create more opportunities for SPEECH OF A brick courthouse then was constructed on small business owners and entrepreneurs the site of the current building. HON. SHEILA JACKSON-LEE using her extensive business knowledge. She The present courthouse was erected in OF TEXAS fulfilled her promise to an extent I could not 1905 in Ellsworth, and its evolution mirrors IN THE HOUSE OF REPRESENTATIVES have imagined. She, along with Administrator that of the city and of the county as a whole. Tuesday, June 21, 2005 Hector Barreto and the rest of the agency, fol- The first courthouse in Ellsworth was made of lowed the President’s Management agenda. Ms. JACKSON-LEE of Texas. Mr. Speaker, logs. The next was a wooden frame building. SBA has made solid progress on most areas I rise in opposition to H. Res. 330 the Rule Finally, in 1869, the brick courthouse was con- of the President’s Management agenda. governing debate on H.J. Res. 10, an amend- structed, which included a jail. By the turn of Melanie was responsible for the successful ment to the Constitution to prohibit physical the century, however, even this building was implementation of the Execution Scorecard, desecration of the flag of the United States. I deemed inappropriate to the image and need which introduced ways to measure and rank oppose the Rule to H.J. Res. 10 because the of the growing county, and the current court- district offices and SBA programs. The SBA Rule allows inadequate debate on a resolution house was erected as a true testament of the also introduced the Business Matchmaking is an overly broad infringement on the First supremacy of law and a match to the beauty program while Melanie was in office, which Amendment Right to Freedom of Speech. This of the surrounding area. has already resulted in 25,000 one-on-one partisan, structure rule, severely limits amend- Designed out of the neoclassical and Beaux meetings between small business owners and ment and debate on issues that affect every arts architectural traditions, it is constructed Federal agencies or large companies in the American citizen—the United States Constitu- from several types of native stone and accen- private sector. tion and the First Amendment. tuated by Tennessee marble. Inside, vaulted As a woman entrepreneur herself, Melanie I fully support the amendment offered by the ceilings depict the beauty of western Wis- has given particular attention and support to Gentleman from North Carolina, the distin- consin, rising to a baroque dome covering the women in small businesses. When she arrived guished Chairman of the Congressional Black five-story hexagonal rotunda. Mr. Speaker, this at the agency in 2002, there were only 11,285 Caucus, Mr. WATT. That amendment is so building truly brings well-deserved pride to the 7(a) and 504 loans granted to women entre- simple that it nearly restates the First Amend- people of Pierce County. preneurs for the entire year. In the past year, ment to the Constitution—which further exem- On March 3, 1982, the Pierce County Court- the number of loans to women has increased plifies the ridiculous nature of the underlying house was recognized by the National Reg- to over 18,000 for the two main loan programs legislation we debate before the Committee of ister of Historic Places, honoring the court- at the agency. She is the leading advocate for the Whole House. It is a shame that Members house as a historic place with great impor- women in business in this country, and has have to propose and offer amendments that tance to the Pierce County community and the been a tremendous role model for women ev- require adherence to the U.S. Constitution—as State of Wisconsin, as well as notable archi- erywhere. Representatives of the United States of Amer- tectural significance. The residents of Pierce Melanie Sabelhaus has been the recipient ica, we are charged with the duty of upholding County also demonstrated their own apprecia- of numerous philanthropy, business and gov- individual rights, not restrict them. tion for this unique courthouse when they ernment leadership awards, including 2002 In last Congress’ iteration of this very legis- chose to repair the beautiful building rather Outstanding Volunteer Fundraiser of the Year lation, I proposed an amendment that was not than allow the decapitation of its dome, a fate Award for Maryland, awarded by the Associa- made in order. My amendment to that bill was that often befalls historic buildings. tion of Fundraising Professionals; the Artemis designed to protect Americans’ right to ex- A centennial celebration will be held at the Award from the European-American Women’s press their opinions and views about govern- courthouse on June 26, 2005. I commend the Conference; the Distinguished Women’s ment activity. My amendment stated in perti- people and the local public officials of Pierce Award from the Girl Scouts of Central Mary- nent part, ‘‘a person shall not have violated a County for having the vision to erect such a land; the Superstar Award from the Alz- prohibition under that section for desecrating monument to justice, law, and beauty, and the heimer’s Association of Central Maryland, the flag, if such desecration is an expression foresight to maintain this local treasure. This Maryland’s Top 100 Women from The Daily of disagreement or displeasure with an act building truly has been a source of pride to Record; and the Outstanding Business taken or decision made by a local, State, or Pierce County for 100 years, and it will con- Achievement Award from Ohio University. Federal Government of the United States.’’ I am sure that wherever Melanie Sabelhaus tinue to do so for generations to come. Mr. Under my amendment Americans would goes after her departure this month, she will Speaker, I thank you for the opportunity to have retained their freedom to speak out make a similarly lasting mark there as she has honor this milestone before you today. against actions taken by local, State, and Fed- at the SBA. Although I am sorry to see her go, f eral Governments through desecrations of the my wife, Freda, and I wish her the best of luck flag symbolizing their views. Our democratic MELANIE SABELHAUS: A STRONG in all of her future endeavors. government is a government of the people. VOICE FOR SMALL BUSINESS f Our citizen’s freedom of expression is at the PERSONAL EXPLANATION very heart of our democracy. An attack on HON. DONALD A. MANZULLO American’s freedom of expression is an attack OF ILLINOIS HON. DEBBIE WASSERMAN SCHULTZ on our entire democracy. My amendment would have protected our democracy and pro- IN THE HOUSE OF REPRESENTATIVES OF FLORIDA tects our citizens. IN THE HOUSE OF REPRESENTATIVES Wednesday, June 22, 2005 This Rule, on the other hand, is potentially Mr. MANZULLO. Mr. Speaker, today, I wish Wednesday, June 22, 2005 harmful to our democracy and America’s citi- to recognize the outstanding dedication and Ms. WASSERMAN SCHULTZ. Mr. Speaker, zens. Freedom of speech and freedom of ex- leadership of Melanie Sabelhaus for her ef- I was unable to vote on four amendments to pression are fundamental components of our

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VerDate Aug 04 2004 07:55 Jun 24, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JN8.048 E23PT1 Thursday, June 23, 2005 Daily Digest Senate By 64 yeas to 31 nays (Vote No. 156), Bond/ Chamber Action Levin Amendment No. 925, to impose additional re- Routine Proceedings, pages S7203–S7330 quirements for improving automobile fuel economy Measures Introduced: Twenty bills and two resolu- and reducing vehicle emissions. Pages S7251, S7263 tions were introduced, as follows: S. 1290–1309, and Schumer Amendment No. 811, to provide for a Page S7264 S. Res. 180–181. Pages S7293–94 national tire fuel efficiency program. Craig (for Jeffords) Modified Amendment No. Measures Reported: S. 335, to reauthorize the Con- 832, to require the Secretary of the Interior to con- gressional Award Act. (S. Rept. No. 109–87) sult with the Administrator of the Environmental H.R. 2862, making appropriations for Science, the Protection Agency in the conduct of a coal bed Departments of State, Justice, and Commerce, and methane study. Page S7264 related agencies for the fiscal year ending September Craig (for Reid/Ensign) Modified Amendment No. 30, 2006, with an amendment in the nature of a 871, to provide whistleblower protection for contract substitute. (S. Rept. No. 109–88) Page S7293 and agency employees at the Department of Energy. Measures Passed: Page S7264 Craig (for Cochran) Modified Amendment No. Forest Service Anniversary: Senate agreed to S. 886, to include waste-derived ethanol and biodiesel Res. 181, recognizing July 1, 2005 as the 100th An- in a definition of biodiesel. Page S7264 niversary of the Forest Service. Page S7329 Craig (for Enzi) Modified Amendment No. 899, Capitol Visitors Center: Committee on Rules and to establish procedures for the reinstatement of leases Administration was discharged from further consid- terminated due to unforeseeable circumstances. eration of S. Res. 179, to provide for oversight over Page S7264 the Capitol Visitors Center by the Architect of the Craig (for Obama) Amendment No. 808, to estab- Capitol, and the resolution was then agreed to. lish a program to develop Fischer-Tropsch transpor- Page S7329 tation fuels from Illinois basin coal. Page S7264 Energy Policy Act: Senate completed consideration Craig (for Kerry) Amendment No. 825, to estab- of H.R. 6, to ensure jobs for our future with secure, lish a 4-year pilot program to provide emergency re- affordable, and reliable energy, after taking action on lief to small business concerns affected by a signifi- cant increase in the price of heating oil, natural gas, the following amendments proposed thereto: propane, gasoline, or kerosene. Pages S7264–65 Pages S7204–84 Craig (for Inhofe) Modified Amendment No. 940, Adopted: to provide for the control of hazardous air pollutants Domenici Amendment No. 891, to modify the from motor vehicles and motor vehicle fuels. section relating to the coastal impact assistance pro- Page S7265 gram. Pages S7210–33 Craig (for Domenici/Bingaman) Amendment No. By 52 yeas to 46 nays (Vote No. 154), Schumer 1005, to make a technical correction. Page S7265 Amendment No. 810, to strike a provision relating Craig (for Vitter) Amendment No. 1006, to re- to medical isotope production. quire the Secretary to carry out a study and compile Pages S7240–44, S7247–49 exisiting science to determine the risks or benefits Kyl Modified Amendment No. 990, to provide presented by cumulative impacts of multiple offshore for a study relative to medical isotope production. liquefied natural gas facilities reasonably assumed to Pages S7249–51 be constructed in an area of the Gulf of Mexico Talent/Johnson Amendment No. 819, to increase using the open-rack vaporization system. the allowable credit for fuel use under the alter- Pages S7265–66 natively fueled vehicle purchase requirement. Craig (for Byrd) Amendment No. 1007, to im- Pages S7262–63 prove the clean coal power initiative. Page S7266 D659

VerDate Aug 04 2004 07:51 Jun 24, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JN5.REC D23JN5 D660 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2005 Craig (for Cantwell) Amendment No. 1008, to By 69 yeas to 26 nays (Vote No. 153), three-fifths clarify provisions regarding relief for extraordinary of those Senators duly chosen and sworn, having violations. Page S7266 voted in the affirmative, Senate agreed to the motion Craig (for Grassley/Baucus) Amendment No. to waive section 302(f) of the Congressional Budget 1009, to provide a Manager’s amendment. Act of 1974, with respect to Domenici Amendment Page S7266 No. 891, to modify the section relating to the coast- Craig (for Obama) Modified Amendment No. al impact assistance program. Subsequently, the 851, to require the Secretary to establish a Joint point of order that the amendment would cause the Flexible Fuel/Hybrid Vehicle Commercialization Ini- underlying bill to exceed the subcommittee section tiative. Page S7266 302(B) allocation was not sustained. Page S7233 Craig (for Salazar) Modified Amendment No. 892, A unanimous-consent agreement was reached pro- to provide for the Western Integrated Coal Gasifi- viding for the vote on final passage of the bill to cation Demonstration Project. Page S7266 occur at 9:45 a.m., on Tuesday, June 28, 2005, with Craig (for Durbin) Modified Amendment No. paragraph 4 of Rule 12 waived. Page S7283 903, to provide that small businesses are eligible to INTERIOR APPROPRIATIONS—AGREE- participate in the Next Generation Lighting Initia- MENT: A unanimous-consent agreement was tive. Page S7266 reached providing that on Friday, June 24, 2005 at Craig (for Harkin) Modified Amendment No. 919, to enhance the national security of the United a time determined by the Majority Leader, after con- States by providing for the research, development, sultation with the Democratic Leader, Senate begin demonstration, administrative support, and market consideration of H.R. 2361, making appropriations mechanisms for widespread deployment and com- for the Department of the Interior, environment, and mercialization of biobased fuels and biobased prod- related agencies for the fiscal year ending September ucts. Page S7266 30, 2006; that the committee substitute be agreed Craig (for Snowe) Amendment No. 834, to pro- to and considered as original text for the purpose of vide for understanding of and access to procurement further amendment, with no points of order waived; opportunities for small businesses with regard to En- provided further that all first-degree amendments be ergy Star technologies and products. Page S7266 offered on Friday, June 24, and Monday, June 27, Rejected: 2005. Pages S7329–30 By 21 yeas to 76 nays (Vote No. 155), Sununu/ Messages From the President: Senate received the Wyden Amendment No. 873, to strike the title re- following messages from the President of the United lating to incentives for innovative technologies. States: Pages S7244–47, S7249 Transmitting, pursuant to law, the legislation and By 28 yeas to 67 nays (Vote No. 157), Durbin supporting documents to implement the United Amendment No. 902, to amend title 49, United States-Dominican Republic-Central American Free States Code, to improve the system for enhancing Trade Agreement; which was referred to the Com- automobile fuel efficiency. Pages S7251–62, S7263–64 mittee on Finance. (PM–14) Pages S7291–92 Withdrawn: Transmitting, pursuant to law, a report on the Wyden/Dorgan Amendment No. 792, to provide continuation of the national emergency with respect for the suspension of strategic petroleum reserve ac- to the extremist violence in Macedonia and the quisitions. Page S7266 Western Balkans region; which was referred to the During consideration of this measure today, Senate Committee on Banking, Housing, and Urban Affairs. also took the following action: (PM–15) Page S7292 By 92 yeas to 4 nays (Vote No. 152), three-fifths of those Senators duly chosen and sworn, having Nominations Received: Senate received the fol- voted in the affirmative, Senate agreed to the motion lowing Nominations: to close further debate on the bill. Pages S7209–10 Granta Y. Nakayama, of Virginia, to be an Assist- Chair sustained a point of order that Reid (for ant Administrator of the Environmental Protection Lautenberg) Amendment No. 839, to require any Agency. Federal agency that publishes a science-based climate Kent R. Hill, of Virginia, to be an Assistant Ad- change document that was significantly altered at ministrator of the United States Agency for Inter- White House request to make an unaltered final national Development. draft of the document publicly available for compari- Colleen Duffy Kiko, of Virginia, to be General son, was not germane, and the amendment thus fell. Counsel of the Federal Labor Relations Authority for Page S7210 a term of five years.

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Mary M. Rose, of North Carolina, to be a Member from Donald H. Rumsfeld, Secretary of Defense; of the Merit Systems Protection Board for the term General Richard B. Myers, USAF, Chairman, Joint of seven years expiring March 1, 2011. Chiefs of Staff; General John P. Abizaid, USA, Com- Stephanie Johnson Monroe, of Virginia, to be As- mander, United States Central Command; and Gen- sistant Secretary for Civil Rights, Department of eral George W. Casey, USA, Commanding General, Education. Multi-National Force-Iraq. Steven G. Bradbury, of Maryland, to be an Assist- ant Attorney General. BUSINESS MEETING Peter Manson Swaim, of Indiana, to be United Committee on Commerce, Science, and Transportation: States Marshal for the Southern District of Indiana Committee ordered favorably reported the following for the term of four years. business items: Routine lists in the Army, Navy. Page S7330 S. 1281, to authorize appropriations for the Na- Executive Communications: Pages S7292–93 tional Aeronautics and Space Administration for science, aeronautics, exploration, exploration capa- Executive Reports of Committees: Page S7293 bilities, and the Inspector General, and for other Additional Cosponsors: Pages S7294–96 purposes, for fiscal years 2006, 2007, 2008, 2009, Statements on Introduced Bills/Resolutions: and 2010, with amendments; Pages S7296–S7319 S. 1280, to authorize appropriations for fiscal years 2006 and 2007 for the United States Coast Additional Statements: Pages S7290–91 Guard, with an amendment; and Amendments Submitted: Pages S7319–28 The nominations of Edmund S. Hawley, of Cali- Authority for Committees to Meet: Pages S7328–29 fornia, to be an Assistant Secretary of Homeland Se- Record Votes: Six record votes were taken today. curity, Israel Hernandez, of Texas, to be Assistant Secretary of Commerce and Director General of the (Total—157) Pages S7209–10, S7233, S7248–49, S7249, S7263 United States and Foreign Commercial Service, Wil- liam Alan Jeffrey, of Virginia, to be Director of the Adjournment: Senate convened at 9 a.m., and ad- National Institute of Standards and Technology, De- journed at 10:03 p.m. until 9:30 a.m., on Friday, partment of Commerce, Ashok G. Kaveeshwar, of June 24, 2005. (For Senate’s program, see the re- Maryland, to be Administrator of the Research and marks of the Majority Leader in today’s Record on Innovative Technology Administration, Department page S7330.) of Transportation, David A. Sampson, of Texas, to be Deputy Secretary of Commerce, John J. Sullivan, Committee Meetings of Maryland, to be General Counsel of the Depart- ment of Commerce, Rear Admiral Sally Brice- (Committees not listed did not meet) O’Hara to be Director of the Coast Guard Reserve, BUSINESS MEETING and sundry officers in the National Oceanic and At- Committee on Appropriations: Committee ordered favor- mospheric Administration. ably reported the following bills: U.S.-CHINA RELATIONS H.R. 2744, making appropriations for Agri- culture, Rural Development, Food and Drug Admin- Committee on Finance: Committee held a hearing to istration, and Related Agencies for the fiscal year examine United States-China economic relations and ending September 30, 2006, with an amendment in China’s role in the world economy, especially its cur- the nature of a substitute; rency valuation policy, and exports, and the World H.R. 2862, making appropriations for Science, the Trade Organization (WTO), receiving testimony Departments of State, Justice, and Commerce, and from Senators Collins, Bayh, Graham, and Stabenow; related agencies for the fiscal year ending September Alan Greenspan, Chairman, Board of Governors of 30, 2006, with an amendment in the nature of a the Federal Reserve System; John W. Snow, Sec- substitute; and retary of the Treasury; Kenneth Rogoff, Harvard Proposed legislation making appropriations for the University Department of Economics, Cambridge, Legislative Branch for the fiscal year ending Sep- Massachusetts; Neal Bredehoeft, American Soybean tember 30, 2006. Association, Alma, Missouri; Sean Maloney, Intel Corporation, Santa Clara, California, on behalf of the IRAQ U.S. Chamber of Commerce; Al Lubrano, Technical Committee on Armed Services: Committee concluded a Materials, Inc., Lincoln, Rhode Island, on behalf of hearing to examine United States military strategy the National Association of Manufacturers. and operations in Iraq, after receiving testimony Hearing recessed subject to the call.

VerDate Aug 04 2004 07:51 Jun 24, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JN5.REC D23JN5 D662 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2005 HIV/AIDS Milwaukee, Wisconsin; Marie Alexander, Quova, Committee on Foreign Relations: Committee concluded Inc., Mountain View, California; Jody Heymann, a hearing to examine issues relative to developing an Harvard Center for Society and Health, Cambridge, HIV/AIDS vaccine, focusing on S. Res. 42, express- Massachusetts; and Patti Philips, Atlanta, Georgia. ing the sense of the Senate on promoting initiatives ROE v. WADE/DOE v. BOLTON to develop an HIV vaccine, after receiving testimony from Representative Visclosky; Anthony S. Fauci, Committee on the Judiciary: Subcommittee on the Con- Director, National Institute of Allergy and Infectious stitution concluded a hearing to examine the con- Diseases, National Institutes of Health, Department sequences of Roe v. Wade and Doe v. Bolton, after of Health and Human Services; Ashley Judd, Frank- receiving testimony from Ken Edelin, Boston Uni- lin, Tennessee, on behalf of YouthAIDS; Helene versity School of Medicine, Boston, Massachusetts; Gayle, Bill and Melinda Gates Foundation, Seattle, Teresa Collett, University of St. Thomas Law School, Washington; and Seth Berkley, International AIDS Minneapolis, Minnesota; M. Edward Whelan, III, Vaccine Initiative, New York, New York. Ethics and Public Policy Center, and Karen O’Con- nor, American University, both of Washington, HIV/AIDS CARE PROGRAMS D.C.; R. Alta Charo, University of Wisconsin Law Committee on Homeland Security and Governmental Af- School, Madison; Sandra Cano, Atlanta, Georgia; and fairs: Subcommittee on Federal Financial Manage- Norma McCorvey, Dallas, Texas. ment, Government Information, and International Security concluded a hearing to examine disparities VETERANS BENEFITS in federal HIV/AIDS CARE programs, focusing on Committee on Veterans’ Affairs: Committee concluded a the effectiveness of CARE Act funding allocations in hearing to examine benefits-related legislative initia- ensuring that all Americans living with HIV are tives, focusing on S. 151, to amend title 38, United provided access to core medical services and life-sav- States Code, to require an annual plan on outreach ing AIDS medications, after receiving testimony activities of the Department of Veterans Affairs, S. from Marcia G. Crosse, Director, Health Care, Gov- 423, to amend title 38, United States Code, to make ernment Accountability Office; Robert S. Janssen, a stillborn child an insurable dependent for purposes Director, Divisions of HIV/AIDS Prevention, Na- of the Servicemembers’ Group Life Insurance pro- tional Center for HIV, STD, and TB Prevention, Co- gram, S. 551, to direct the Secretary of Veterans Af- ordinating Center for Infectious Diseases, Centers for fairs to establish a national cemetery for veterans in Disease Control and Prevention, and Deborah P. the Colorado Springs, Colorado, metropolitan area, S. Hopson, Associate Administrator for HIV/AIDS, 552, to make technical corrections to the Veterans Health Resources and Services Administration, both Benefits Improvement Act of 2004, S. 909, to ex- of the Department of Health and Human Services; pand eligibility for governmental markers for and Michael Montgomery, California Department of marked graves of veterans at private cemeteries, S. Health Services, Sacramento. 917, to amend title 38, United States Code, to make permanent the pilot program for direct housing FAMILY MEDICAL LEAVE ACT loans for Native American veterans, S. 1234, to in- Committee on Health, Education, Labor, and Pensions: crease, effective as of December 1, 2005, the rates of Committee met to discuss the Family Medical Leave compensation for veterans with service-connected Act, receiving testimony from Jamie Marsden, City disabilities and the rates of dependency and indem- of Gillette Human Resources, Gillette, Wyoming; nity compensation for the survivors of certain dis- Cheryl Barbanel, Boston University Occupational abled veterans, S. 1235, to amend chapters 19 and Health Center, Boston, Massachusetts; Sandy Boyd, 37 of title 38, United States Code, to extend the National Association of Manufacturers, Laurie availability of $400,000 in coverage under the Dohnalek, Georgetown University Hospital, servicemembers’ life insurance and veterans’ group Janemarie Mulvey, The Employment Policy Founda- life insurance programs, S. 1138, to authorize the tion, and Debra Ness, National Partnership for placement of a monument in Arlington National Women and Families, all of Washington, D.C.; Cemetery honoring the veterans who fought in Susan O’Flaherty, Bank One, Chicago, Illinois; Pat- World War II as members of Army Ranger Battal- rick Lancaster, American Axle and Manufacturing, ions, S. 1252, to amend section 1922A of title 38, Detroit, Michigan; Jeff Payne, Palmeto Health Hos- United States Code, to increase the amount of sup- pitals, Columbia, South Carolina; Robert Prybutok, plemental insurance available for totally disabled vet- Polymer Technologies, Newark, Delaware; Sue erans, S. 1259, to amend title 38, United States Willman, Spencer Fane, Kansas City, Missouri; Ellen Code, to extend the requirement for reports from the Bravo, Multi-state Working Families Consortium, Secretary of Veterans Affairs on the disposition of

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cases recommended to the Secretary for equitable re- Kinderman, Veterans of Foreign Wars of the United lief due to administrative error and to provide im- States, Rick Surratt, Disabled American Veterans, proved benefits and procedures for the transition of and Carl Blake, Paralyzed Veterans of America, all members of the Armed Forces from combat zones to of Washington, D.C.; and Richard Jones, AMVETS, noncombat zones and for the transition of veterans Lanham, Maryland. from service in the Armed Forces to civilian life, S. 1271, to amend title 38, United States Code, to pro- INTELLIGENCE vide improved benefits for veterans who are former prisoners of war, after receiving testimony from Sen- Select Committee on Intelligence: Committee held closed ators Pryor and Allard; Daniel L. Cooper, Under Sec- hearings on intelligence matters, receiving testimony retary of Veterans Affairs for Benefits; Steve from officials of the intelligence community. Smithson, The American Legion, Quentin Committee recessed subject to call. h House of Representatives Agreed to: Chamber Action Obey amendment that restored $100 million for Public Bills and Resolutions Introduced: 13 pub- the corporation for Public Broadcasting by a re- lic bills, H.R. 3043–3055; and 4 resolutions, H. corded vote of 284 yeas to 140 nays, Roll No. 305. Con. Res. 188–190; and H. Res. 338 were intro- Pages H5040–47, H5070 duced. Pages H5100–01 Rejected: Additional Cosponsors: Page H5101 Owens amendment that sought to strike the Reports Filed: Reports were filed today as follows: priviso in the bill which prohibits funds in the bill H.R. 362, to designate the Ojito Wilderness from enforcing annual fit testing (after the initial fit Study Area as wilderness, to take certain land into testing) of respirators for occupational exposure to trust for the Pueblo of Zia, amended (H. Rept. tuberculosis by a recorded vote of 206 yeas to 216 109–149) ; nays, Roll No. 306; Pages H5053–59, H5071 H.R. 1797, to provide for equitable compensation Bradley amendment that sought to increase fund- to the Spokane Tribe of Indians of the Spokane Res- ing for Individuals with Disabilities Education Act ervation for the use of tribal land for the production by $50,000,000 for use as Part B grants to states of hydropower by the Grand Coulee Dam (H. Rept. and offset by taking administrative and program 109–150); and management funds from OSHA and the Department of Education by a recorded vote of 161 yeas to 262 H.R. 2364, to establish a Science and Technology nays, Roll No. 307. Pages H5059–62, H5071–72 Scholarship Program to award scholarships to recruit and prepare students for careers in the National Withdrawn: Weather Service and in National Oceanic and At- Fosella amendment that was offered and subse- mospheric Administration marine research, atmos- quently withdrawn that sought to eliminate the re- pheric research, and satellite programs, amended (H. scission of $125 million in workers’ compensation and worker-retraining funds intended to aid 9/11 Rept. 109–151). Page H5100 first responders. The amendment designated this Labor, Health and Human Services, Education $125 million as emergency funding. Pages H5047–49 Appropriations Act for FY 2006: H.R. 3010 mak- Peterson (PA) (No. 22 printed in the Congres- ing appropriations for the Departments of Labor, sional Record of June 22) that was offered and sub- Health and Human Services, and Education, and Re- sequently withdrawn that sought to increase the lated Agencies for the fiscal year ending September bill’s appropriation for the Health Resources and 30, 2006. Pages H5000–73 Services Administration by $37,336,000. The Agreed to limit further amendments made in amendment offsets this increase by cutting the bill’s order for debate and the time limit for debate on appropriation for the Occupational Safety and Health such amendments. Pages H5069–70 Administration by $37,336,000. Pages H5051–53 Johnson (CT) amendment that was offered and subsequently withdrawn that sought to increase

VerDate Aug 04 2004 07:51 Jun 24, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JN5.REC D23JN5 D664 CONGRESSIONAL RECORD — DAILY DIGEST June 23, 2005 funds for Health Resources and Services by Guaranteed Rate of Return.’’ Testimony was heard $11,200,000. Pages H5062–63 from public witnesses. Capuano amendment that was offered and subse- quently withdrawn that sought to increase by FIRST RESPONDERS ANTI-TERRORISM $5,000,000 and decrease by the same amount funds TRAINING for the Centers for Disease Control and Prevention, Committee on Homeland Security: Subcommittee on Disease Control, Research, and Training. Emergency Preparedness, Science and Technology Pages H5063–64 and the Subcommittee on Management, Integration, H. Res. 337, the rule providing for consideration and Oversight held a joint hearing entitled ‘‘The of the bill was agreed to by voice vote, after agreeing National Training Program: Is Anti-Terrorism to the previous question by a yea-and-nay vote of Training for First Responders Efficient and Effec- 225 yeas to 194 nays, Roll No. 304. tive.’’ Testimony was heard from Raymond W. Pages H4991–H5000 Kelly, Commissioner, Police Department, City of Late Reports: Agreed that the Committee on Trans- New York; Shawn Reese, Analyst in American Na- portation and Infrastructure have until midnight on tional Government, Government and Finance Divi- June 24 to file a report to accompany the bill H.R. sion, CRS, Library of Congress; and public witnesses. 2864, to provide for the conservation and develop- TORTURE VICTIMS RELIEF ACT ment of water and related resources, to authorize the IMPLEMENTATION Secretary of the Army to construct various projects for improvements to rivers and harbors of the United Committee on International Relations: Subcommittee on States. Page H5073 Africa, Global Human Rights and International Op- erations hearing on Implementing the 1998 Torture Quorum Calls—Votes: One yea-and-nay vote and 3 Victims Relief Act. Testimony was heard from Lloyd Recorded votes developed during the proceedings of Feinberg, Manager, Victims of Torture Fund, U.S. the House today and appear on pages Agency for International Development, Department H4999–H5000, H5070, H5071, and H5071–72. of State; and public witnesses. Adjournment: The House met at 10 a.m. and ad- journed at 9:04 p.m. MISCELLANEOUS MEASURES Committee on International Relations: Subcommittee on Committee Meetings Africa, Global Human Rights and International Op- erations approved for full Committee action the fol- IRAQI SECURITY FORCES PROGRESS lowing measures: H.R. 2017, Torture Victims Relief Committee on Armed Services: Held a hearing on the Reauthorization Act of 2005; H. Con. Res. 168, Progress of the Iraqi Security Forces. Testimony was amended, Condemning the Democratic People’s Re- heard from the following officials of the Department public of Korea for the abductions and continue cap- of Defense: Donald H. Rumsfeld, Secretary; GEN tivity of citizens of the Republic of Korea and Japan Richard B. Myers, USAF, Chairman, Joint Chiefs of as acts of terrorism and gross violations; and H. Res. Staff; GEN John Abizaid, USA, Commander, Central 333, Supporting the goals and ideals of a National Command; and GEN George W. Casey, Jr., USA, Weekend of Prayer and Reflection for Darfur, Sudan. Commander, Multi-National Forces—Iraq. MISCELLANEOUS MEASURES NATIONAL HIGHWAY TRAFFIC SAFETY Committee on the Judiciary: Subcommittee on Crime, ADMINISTRATION REAUTHORIZATION Terrorism, and Homeland Security approved for full Committee on Energy and Commerce: Subcommittee on Committee action the following bills: H.R. 184, Commerce, Trade, and Consumer Protection held a Controlled Substances Export Reform Act of 2005; hearing entitled ‘‘Reauthorization of the National H.R. 869, to amend the Controlled Substances Act Highway Traffic Safety Administration.’’ Testimony to lift the patent limitation on prescribing drug ad- was heard from Jeffrey W. Runge, M.D., Adminis- dition treatments by medical practitioners in group trator, National Highway Traffic Safety Administra- practices; and H.R. 3020, United States Parole Com- tion, Department of Transportation; and public wit- mission Extension and Sentencing Commission Au- nesses. thority Act of 2005. BANKING ON RETIREMENT SECURITY POTENTIAL OIL SOURCES Committee on Financial Services: Subcommittee on Fi- Committee on Resources: Subcommittee on Energy and nancial Institutions and Consumer Credit held a Mineral Resources held an oversight hearing entitled hearing entitled ‘‘Banking on Retirement Security: A ‘‘The Vast North American Resource Potential of

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Oil Shale, Oil Sands, and Heavy Oils,’’ Part 1. Testi- tion for Facade Easements. Testimony was heard mony was heard from Russell George, Executive Di- from Steven T. Miller, Tax-Exempt and Government rector, Department of Natural Resources, State of Entities Division, IRS, Department of the Treasury; Colorado; and public witnesses. and public witnesses. MIGRATORY BIRD AND GREAT APE CONSERVATION MEASURES SOCIAL SECURITY—PROTECTING AND STRENGTHENING Committee on Resources: Subcommittee on Fisheries and Oceans held a hearing on the following bills: H.R. Committee on Ways and Means: Subcommittee on So- 518, Neotropical Migratory Bird Conservation Im- cial Security continued hearings on Protecting and provement Act of 2005; and H.R. 2693, Great Ape Strengthening Social Security. Testimony was heard Conservation Reauthorization Act of 2005. Testi- from James B. Lockhart, Deputy Commissioner, mony was heard from Marshall Jones, Assistant Di- SSA; Barbara Bovbjerg, Director, Education, Work- rector, United States Fish and Wildlife Service, De- force, and Income Security, GAO; Patrick J. Purcell, partment of the Interior; and public witnesses. Specialist in Social Legislation, Domestic Social Pol- icy Division, CRS, Library of Congress; and public VETERANS’ COMPENSATION COST-OF- witnesses. LIVING ADJUSTMENT ACT; OVERSIGHT— VETERANS AFFAIRS HEALTH COSTS BRIEFING—GLOBAL UPDATES Committee on Veterans’ Affairs: Ordered reported, as Permanent Select Committee on Intelligence: Met in execu- amended, H.R. 1220, Veterans’ Compensation Cost- tive session to receive a Briefing on Global Updates. of-Living Adjustment Act of 2005. The Committee also held an oversight hearing to The Committee was briefed by departmental wit- examine the budget modeling and methodologies nesses. used by the Department of Veterans Affairs to de- f velop and forecast veterans’ health care cost and uti- lization projections for future years. Testimony was COMMITTEE MEETINGS FOR FRIDAY, heard from Jonathan B. Perlin, M.D., Under Sec- JUNE 24, 2005 retary, Health, Department of Veterans Affairs; John (Committee meetings are open unless otherwise indicated) Kokulis, Deputy Assistant Secretary, Health Affairs for Health Budgets and Financial Policy, Depart- Senate ment of Defense; representatives of veterans organi- Committee on Appropriations: Subcommittee on Defense, zations; and public witnesses. to hold hearings to examine U.S. military strategy and operations in Iraq and associated funding issues, 10:30 REVIEW TAX DEDUCTION FOR FACADE a.m., SD–192. EASEMENTS Committee on Ways and Means: Subcommittee on House Oversight held a hearing to review the Tax Deduc- No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, June 24 9 a.m., Friday, June 24

Senate Chamber House Chamber Program for Friday: Senate will begin consideration of Program for Friday: Continue consideration of H.R. H.R. 2361, Interior Appropriations. 3010, making appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies for the fiscal year ending September 30, 2006.

Extensions of Remarks, as inserted in this issue

HOUSE Jackson-Lee, Sheila, Tex., E1324 Schiff, Adam B., Calif., E1322 Johnson, Timothy V., Ill., E1317 Sensenbrenner, F. James, Jr., Wisc., E1322 Blumenauer, Earl, Ore., E1320 Kildee, Dale E., Mich., E1320 Simmons, Rob, Conn., E1323 Brown-Waite, Ginny, Fla., E1317 Kind, Ron, Wisc., E1323 Taylor, Charles H., N.C., E1322 Emanuel, Rahm, Ill., E1317 McCollum, Betty, Minn., E1323 Taylor, Gene, Miss., E1319, E1321 Everett, Terry, Ala., E1318 Maloney, Carolyn B., N.Y., E1317 Franks, Trent, Ariz., E1319 Manzullo, Donald A., Ill., E1324 Walden, Greg, Ore., E1322 Hall, Ralph M., Tex., E1323 Musgrave, Marilyn N., Colo., E1318 Wasserman Schultz, Debbie, Fla., E1324 Hooley, Darlene, Ore., E1318 Rangel, Charles B., N.Y., E1319, E1321 Watson, Diane E., Calif., E1320

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