May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10915 SENATE—Tuesday, May 24, 2005

The Senate met at 9:45 a.m. and was RECOGNITION OF THE MAJORITY what the Democratic leader or I asked called to order by the Honorable LISA LEADER for—it is important that we see how it MURKOWSKI, a Senator from the State The ACTING PRESIDENT pro tem- is going to be implemented, and the of Alaska. pore. The majority leader is recog- first step will be that vote today. nized. We do have a lot to do this week. I PRAYER want to keep things organized effi- f The Chaplain, Dr. Barry C. Black, of- ciently and well and use time wisely. fered the following prayer: SCHEDULE Mr. REID. Madam President, if I could direct another question to the Let us pray. Mr. FRIST. Madam President, this distinguished leader, it was my under- Eternal spirit, You have said that the morning we will continue debate in ex- standing of our conversation late last truth will set us free. We thank You ecutive session on the nomination of night that we were not going to move that Your freedom leads to harmony Priscilla Owen to be a U.S. Circuit forward on more judges this period but and not discord, to consensus and not judge for the Fifth Circuit, and today move forward to other matters. Do you conflict. Liberate us from deceptions at noon we will have a cloture vote now feel differently? and distortions that caricature reality with respect to the Owen nomination. Mr. FRIST. Well, I think we need to and misrepresent facts. In light of the events of yesterday, I think how much we can do realistically Empower our Senators to find free- expect cloture will be invoked this this week. With that understanding dom in being as true to duty as the afternoon. If that cloture vote is suc- and the backlog we have on judges, if needle to the pole. Continue to teach cessful, it is my desire to proceed expe- we can move those expeditiously—and them the fine art of conciliation and ditiously to vote on that confirmation. we put in a plan or process to do so— motivate them to continue to choose Members have had the opportunity to we should do just that. We have had rational roads instead of emotional speak for over 40 hours, and hopefully various offers from your side of the dead ends. Lift them above partisan we will not need much time following aisle on the Michigan judges and on rancor, and give them power to walk in cloture. Griffith, and now we have this memo- Your light, to act in Your strength, to I am happy to yield to the Demo- randum of understanding for up-or- think in Your wisdom, to speak in cratic leader. I have a brief statement down votes on three other nominees we Your truth, and to live in Your love. commenting on the events of last have been debating. Leadership to lead- Inspire each of us to stand for right, night. even though the heavens fall. ership, we ought to sit down and plan f how we can deal with judges since we We pray in the Name of Him who is have waited a long time for these up- the truth. Amen. RECOGNITION OF THE MINORITY LEADER or-down votes and since offers have been made back and forth. In light of f The ACTING PRESIDENT pro tem- the understanding the 14 Senators pore. The Democratic leader is recog- came to, I think we should move expe- PLEDGE OF ALLEGIANCE nized. ditiously and address the judges who The Honorable LISA MURKOWSKI led f have been waiting a long time. At the same time, we have other very impor- the Pledge of Allegiance, as follows: CLOTURE VOTE I pledge allegiance to the Flag of the tant business—John Bolton to be Am- United States of America, and to the Repub- Mr. REID. Madam President, I think bassador to the U.N.—which we do need lic for which it stands, one Nation under it would be better—I haven’t had a to address as well. God, indivisible, with liberty and justice for chance to discuss this with the major- As I say that, I want to make an ap- all. ity leader—to vitiate the vote on clo- peal to Senators. A lot has been said ture and then set a time to complete about many of the judges, and I don’t f the debate on Priscilla Owen. We would believe we have to say it again. Wheth- be willing to do that. It would move er it is on Priscilla Owen, who I am APPOINTMENT OF ACTING things along. I wanted the leader to confident will get an up-or-down vote, PRESIDENT PRO TEMPORE know that. We would be happy to talk or on to some of the other judges, I about schedule, how much time people want to make sure everything gets The PRESIDING OFFICER. The need, and what we are going to do the said. But on a lot of these, we have had clerk will please read a communication rest of the week. We haven’t had time a lot of debate. I would like to sit down to the Senate from the President pro to talk this morning. with the Democratic leader, in light of tempore (Mr. STEVENS). Mr. FRIST. Madam President, we the events of yesterday, and plan out The legislative clerk read the fol- will talk over the course of the morn- this week so it will be productive. We lowing letter: ing because over the next 5 days, with have a lot of other important business, U.S. SENATE, the memorandum of understanding, we such as an energy bill and a highway PRESIDENT PRO TEMPORE, would like to move ahead and address bill, that we need to also address. Washington, DC, May 24, 2005. many of the judges. At the same time, To the Senate: f we have the nomination of John Under the provisions of rule I, paragraph 3, Bolton, whom the Democratic leader THE MEMORANDUM OF of the Standing Rules of the Senate, I hereby UNDERSTANDING appoint the Honorable LISA MURKOWSKI, a and I have briefly discussed. I do want Senator from the State of Alaska, to perform to be able to continue with the cloture Mr. FRIST. Madam President, I wish the duties of the Chair. vote that is now on the schedule for to briefly comment on the events of TED STEVENS, noon today. It is important to do so in last night. The evening moved very President pro tempore. part because of the events of yesterday, quickly, and it did alter the course of Ms. MURKOWSKI thereupon assumed and I want to follow regular order. what likely would have occurred over the Chair as Acting President pro tem- With that memorandum of under- the course of today. Certain adjust- pore. standing, which is important—it is not ments will be made and are being

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

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10916 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 made, as we just heard in the colloquy circumstances are defined as they were of the week’s process, Janice Rogers between the Democratic leader and I, in the last Congress, which I believe is Brown, and William Pryor. I will work in terms of the schedule. Although I wrong, on people such as Miguel with the minority leader in terms of am not a party of the memorandum of Estrada, who came to this country as the best timing. I will work with the understanding signed last night by 14 an immigrant from Honduras, not able Judiciary Committee as well and other of our colleagues, I have had the oppor- to speak English very well, who with Senators to move forward expedi- tunity to further review that agree- hard work worked his way to the top of tiously on other nominees. ment in more detail. his profession, arguing 15 cases in the We have had discussions and offers I do believe the memorandum of un- Supreme Court, if that is extraordinary from the other side to move ahead with derstanding makes modest progress in circumstances, then this agreement Tom Griffith, which I hope we can do that three individuals will get up-or- will mean very little. We have to wait shortly; offers on the Sixth Circuit down votes on the floor of the Senate. and see. The agreement will have to be nominees David McKeague, Susan Neil- To me, it does stop far short of guaran- monitored. The implementation of the son, and Robert Griffin, all of whom de- teeing judicial nominees the fair up-or- memorandum of understanding is crit- serve a vote on the floor of the Senate, down votes they deserve—other nomi- ical. an up-or-down vote. So all this has nees, nominees in the future. Third, let me be clear: The constitu- been a very significant, substantial de- I say that and recognize that with ci- tional option remains on the table. It bate. vility and trust, which are two values I remains an option. I will not hesitate I believe the injustice of judicial ob- have tried to stress again and again, to use it if necessary. It should be used struction in the last Congress has been and with that memorandum of under- as a last resort. Nobody wants to use exposed, talked about, recognized, and standing being a starting point and the the constitutional option, but it is the I believe we have now—it is not guar- spirit in which it was generated, I be- only response if there is a change in be- anteed—the opportunity to return to lieve we can successfully bring these havior as we saw in the last Congress the traditions of 214 years and prece- nominees to the floor, after coming that is extraordinary, which is some- dents of 214 years to give these nomi- through the Judiciary Committee, de- thing that I believe has been absolutely nees fair up-or-down votes. bate them extensively, and ultimately rejected by the memorandum of under- I hope that progress continues. I am bring them to a vote. I believe that is standing in saying that we are not confident it will. I am cautiously opti- the spirit. It will be spun by the left going to be filibustering as we did in mistic. Fair up-or-down votes is a prin- and the right and conservatives and the last Congress. ciple I believe in and will continue to liberals in various ways. I did not sign My goal is restoring the principle of fight for on the floor of the Senate. off on the memorandum of under- fair up-or-down votes, the principle I yield the floor. standing because it stops far short of that governed this body for 214 years The ACTING PRESIDENT pro tem- the principle, but it does put us in a po- until the last Congress. pore. The Democratic leader is recog- sition to move forward expeditiously I will say that if the other side of the nized. without delay, without filibuster, giv- aisle acts in bad faith, if they resume f ing these nominees the votes they de- that campaign of routine obstruction DOING THE WILL OF THE PEOPLE serve and the courtesy of a vote. It is where one out of every three or four our responsibility to vote and give nominees coming from the President Mr. REID. Madam President, I sup- them that advice and consent through who make it through the Judiciary port the memorandum of under- that up-or-down vote. Committee, who make it to the Execu- standing. It took the nuclear option off On the agreement, first, it does begin tive Calendar is filibustered, the con- the table. It is gone for our lifetime. to break the partisan obstruction we stitutional option is going to come out We don’t have to talk about it any- have seen over the last 2 years. The- again. I will bring it out. And once more. I am disappointed there are still matically, it is important to get away again, I will set a date to use it. If that the threats of the nuclear option. Let’s from extreme partisanship. Parties are is what it takes to move this body for- move on. We need not go over this, but important, the clash of ideas is impor- ward, we will do that once again. there were 218 nominees of the Presi- tant, But where partisanship is in- The constitutional option is not a dent and we turned down 10. jected into the system and brings ad- threat. It ought to be used as a re- All filibusters are extraordinary. vice and consent to a stop, it is wrong. sponse behavior which I believe is inap- There will be filibusters of judges and I believe that is the spirit in which the propriate to this body as we consider of other things. That is what the Sen- memorandum of understanding, with nominees. All the constitutional option ate is all about. That is what the 14 seven Senators from both sides of the does is it brings it to the floor. One Senators acknowledged. I admire and aisle, was written. hundred Senators can make the deci- respect what they did. I am thankful Indeed, Priscilla Owen will get an up- sion as to whether the fairness of up- they kept me advised as to what they or-down vote later today. Janice Rog- or-down votes is a principle to which were doing. It is too bad there were not ers Brown will get an up-or-down vote. they agree. other opportunities to make a ‘‘deal’’ William Pryor will get an up-or-down I look at all of this today as having between the majority leader and me. vote. They all will receive the courtesy the opportunity to begin the execution We have to understand that the Sen- and fairness of a vote. of the memorandum of understanding, ate needs to operate. I say to my Other qualified nominees who have using regular order of business. The friend, the distinguished majority lead- been waiting deserve that same cour- regular order is, as was set out several er, there was an agreement made on tesy and fairness. Why just those weeks ago, to debate Priscilla Owen ex- three judges. We feel the merits of three? Why exclude two others? Why be tensively, exhaustively, which we have those three judges are not good and silent on others? That is where the done, over 21 days of debate on the Sen- that we need time to talk about those agreement stops far short of the prin- ate floor on Priscilla Owen, and then three judges. We will continue to do ciple I have brought to the floor, a bring it to closure. We had to file a clo- that. The rules of the Senate have not principle based on fairness. ture motion. We made an offer of 10, 15 been changed. That is what is so good Second, the agreement, if followed in hours, and that was turned down by the about the agreement of these 14 Sen- good faith, will make filibusters in the other side. So we filed a cloture peti- ators, who rose above the battle and future, including Supreme Court nomi- tion, and we will have the cloture vote did the right thing. nees, almost impossible. The words in in regular order. Depending on the out- I am willing to work with the major- that agreement of ‘‘will not filibuster come, we will in all likelihood move to ity leader. I have said that publicly and except under extraordinary cir- an up-or-down vote. privately. But we have to be realistic. cumstances,’’ obviously, I am con- I expect this afternoon that we will Unless we work into next week, we cerned about because if extraordinary confirm Priscilla Owen and, by the end cannot do all these judges. If that is

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10917 the order—that we are going to work time until 11:40 shall be equally divided when he is exactly the opposite of that, into next week—people should be told between the two leaders or their des- and they created a storm and were able that now. We are willing to work with- ignees. to generate a filibuster against him. He in the confines of the rules of the Sen- The Senator from Alabama is recog- had a majority of votes in the Senate, ate. If cloture is invoked today, the nized. if he could have gotten an up-or-down rule is you get 30 hours. We are happy Mr. SESSIONS. Madam President, I vote. But he was denied that through to work on that to shorten it a little will say a few things about the com- the inability of the majority to cut off bit and to have a vote sometime tomor- promise that was reached last night. It debate and have a vote. row and then go to other matters. I has a lot of good things in it. I think, I am so glad the group of 14 who met would think we could go to another first and foremost, it represented a and looked at these nominees con- judge—a controversial judge. We have consensus of a group of Senators who cluded he was worthy of being able to indicated that the judges from Michi- would represent the majority, saying get a vote up or down. I have to say gan are not controversial. They were that filibusters are not to be routinely that has colored my pleasure with the held up on procedural things because of utilized in the confirmation process. As agreement, even though I know some longstanding problems with the Michi- a matter of fact, they said only in ‘‘ex- other good judges or nominees were not gan Senators. We would need to debate traordinary circumstances’’ should a part of the agreement. that for a while. filibuster be utilized. I want to point this out. The minor- We are here to work the will of the This was a rejection of what we have ity leader seems to suggest that fili- Senate. Again, I am somewhat dis- seen for over 2 years in the Senate. It busters are here to stay and they are appointed that we still hear threats of was a movement toward the historical normal and logical, and get over it and nuclear option. That is gone. Let’s for- principles of confirmation that I think accept it, and that, oh, no, the con- get about it. I am happy that one of the are very important. I think it is wor- stitutional option can never be used. things the 14 talked about is having thy of note that the majority leader, That was not in that agreement and some consultation with the President. Senator BILL FRIST, who just left the that is not what is in the hearts and I am confident that will work out bet- floor, moved so ably on this issue. He minds of a majority of the Senators in ter for the White House and the Sen- spent nearly 2 years studying the his- this body. If this tactic of filibustering ate. I hope that transpires. We here tory, seeking compromises, working is continued to be used in an abusive want to move forward. We have so with colleagues on both sides of the way, or in a way that frustrates the much that needs to be done. aisle, and as of a few weeks ago had, I ability of this Congress to give an up- The distinguished majority leader believe, quite clearly achieved a major- or-down vote to the fine nominees of has talked about things that need to be ity of the Senators who were prepared President Bush, there has been no done, such as the Bolton nomination, to exercise the constitutional option to waiver of the right to utilize the con- which is also controversial. We will be establish the rule that we would not stitutional option. happy to try to work to some degree to filibuster judicial nominees. We have As I understand it, even yesterday make that as easy as possible for ev- not had a judicial filibuster in 214 years Senator BYRD, on the Senate floor, ad- erybody. It is a difficult issue. I have and we should not have one now. A ma- mitted the constitutional option is a spoken to Senator BIDEN early this jority in this Senate was prepared to valid power of the Senate majority. I morning. He has a plan as to what he act to ensure that we would not have would say this. It ought not to be feels should be done on Bolton. None of one. abused; it ought not to be used for this is going to take an hour or two. It was only at that point that serious light or transient reasons. It ought to There are things we have to talk about discussions began on a compromise be used only in the most serious cir- with Bolton. and, as a result of those discussions, cumstances—the most serious cir- As I indicated last night, last night seven Senators on each side agreed cumstances of the kind we have today was a good day for the Senate and they would act in a certain way and when, after 200 years of tradition, 200 today is a good day. Let’s move for- issued the statement they did. It does years of following the spirit of the Con- ward and work as the Senate feels it not reflect the majority of either stitution to give judges up-or-down should work. There have been no rule party, but it does reflect, in my view, votes, the Senate is systematically al- changes. We are here to do the will of the fact that a majority of this Con- tered as it was in the last Congress. the people of this country. gress does not believe that filibusters That is why it was brought out, and are the way to go and should not occur with the threat of the constitutional f except in extraordinary circumstances. option and a majority of Senators who RESERVATION OF LEADER TIME Frankly, I think that is not the prin- were prepared to support it, a com- The ACTING PRESIDENT pro tem- ciple we need to adhere to. When Presi- promise was reached. I believe it is sig- pore. Under the previous order, leader- dent Clinton was President and he nificant. ship time is reserved. sought nominees that he chose for the Finally, I want to note it is exceed- Federal bench, and people on the Re- ingly important that we, as Members f publican side discussed whether a fili- of this Senate, understand how judges EXECUTIVE SESSION buster was appropriate, the Repub- should be evaluated, how they have ba- licans clearly decided no and allowed sically always been evaluated, except nominees such as Berzon and Paez to in recent times. How should they be NOMINATION OF PRISCILLA have an up-or-down vote. They were evaluated? They should be evaluated RICHMAN OWEN TO BE UNITED given an up-or-down vote and both on their judicial philosophy, not their STATES CIRCUIT JUDGE FOR were confirmed, even though they were political views or their religious views. THE FIFTH CIRCUIT controversial. I think that was signifi- There are nominees who have come be- The ACTING PRESIDENT pro tem- cant. fore this Senate who have dem- pore. Under the previous order, the I have to tell you how thrilled I am onstrated through a career of practice Senate will resume executive session that Judge Bill Pryor will be able to that they comply with the law, wheth- to consider the following nomination, get an up-or-down vote. He is one of er they agree with it or not. Some of which the clerk will report. the finest nominees who has come be- them are pro-life, some of them are The assistant legislative clerk read fore this body. The hard left groups out pro-choice, some of them are for big the nomination of Priscilla Richman there, who have been driving this proc- Government, some of them are for Owen, of Texas, to be United States ess, attacked him early on and mis- smaller Government, some of them are Circuit Judge for the Fifth Circuit. represented his positions, his char- for strong national defense, some of The ACTING PRESIDENT pro tem- acter, his integrity, and his legal phi- them are not. That is not the test and pore. Under the previous order, the losophy. They called him an activist, cannot be the test.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10918 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 We had one situation that troubled Later, when the Supreme Court of and attacking these nominees have me. I was pleased eventually that this the United States rendered the mischaracterized her, just as they did nominee was confirmed. A man and a Stenberg decision that struck down an Judge Pryor. Both of these nominees, woman—the man was nominated for even larger portion of the foundation of for example, have tremendous support judge and had been No. 1 in his law partial-birth abortion statutes that within their State, tremendous bipar- school class. They had written a letter had passed around the country, he tisan support in conference. to the members of their church, a wrote another letter to the district at- That is why I am confident the 14 Catholic Church in Arkansas, and they torneys and told them the Alabama people who got together and reviewed discussed their view of marriage in the statute was unconstitutional. this situation felt they could not leave Christian tradition. They affirmed that Does that not prove what we are her or the other two judges off this list. and quoted from Scripture. We had per- about here? It is not your personal be- They just could not deny Janice Rogers sons attack that nominee because they lief but your commitment to law that Brown, Priscilla Owen, or Judge Bill said it somehow elevated a man over a counts? Pryor an up-or-down vote. They were woman. That is not the rich tradition What about the circumstance when too decent, had too much of a good of marriage as was explained in their he was accused of being too pro-reli- record, too many supporters in the Af- letter. But it led to that attack. That gion? I do not think the facts show an rican-American community, in the made starkly clear in my mind what is abuse of his power in any way. In fact, Democratic leadership of their States, at stake here. This is the question: Are he found himself in the very difficult and that is why they were given this we to expect that every nominee that circumstance in Alabama of being the vote. comes here has to lay out their per- attorney general and having the re- I think perhaps we are now moving sonal philosophy, their marital philos- sponsibility to prosecute or present the forward to a new day in confirmations. ophy, their religious beliefs, and we sit case against the sitting chief justice of I hope so. We have been far too bitter and judge them on whether we agree the Alabama Supreme Court who in attacking good people. Records have with that? placed the Ten Commandments in the been distorted dishonestly, particu- Is that the way you judge a judge to supreme court building. The chief jus- larly by outside groups and sometimes see if they are qualified: Do I agree tice had been ordered to remove it by that has been picked up by Senators. with their theology? Do I agree with the Federal courts, and he did not re- My Democratic colleagues have their political philosophy? Do I agree move it. Other judges removed it. At- outsourced their decisionmaking proc- with their opinion on Franklin Delano torney General Bill Pryor presented ess at times, I am afraid. They have al- Roosevelt? Is that what we do? that case, and Judge Moore was re- lowed the People for the American Way We cannot do that. We should not do moved from office. and Ralph Neas and the Alliance for that. We ought to be pleased that a That was a big deal. It was a tough Justice, the people who spend their nominee has cared enough about his or deal. Time after time, he has done lives digging up dirt, sullying people’s her country to speak out on the issues that. reputations, twisting facts, taking Priscilla Owen also is a nominee of that come before the country. We cases out of context, taking statements the most extraordinary qualifications. ought to be pleased that they have out of context, taking speeches out of She made the highest possible score on been active and they care and they par- context, posturing and painting nomi- the bar exam in Texas. That is a big nees as things they are absolutely not, ticipate in the great political debate in State and bar exams are not easy. She America. But we ought not say to is a brilliant lawyer, highly successful to influence their decisions. It is them, because you said one thing about in the private practice of law in Texas. wrong. Hopefully, we are now moving abortion, and you are pro-life or you They encouraged her to run for the su- in a better direction. I am also hopeful that as a result of are pro-choice, you can never follow preme court. She did so. She won. The this agreement, the nomination proc- the law of the Supreme Court or the last time she ran, she received 84 per- ess in the future will go better. Maybe Constitution and, therefore, we are not cent of the vote in Texas. This is a pro- even issues such as transportation, en- going to allow you to be a judge. We fessional lawyer/jurist, brilliant, hard- cannot do that. That is a wrong step. working, a woman of great integrity ergy, and defense will go better in this I think that was implicit in this com- and decency. She has questioned the Congress. I hope so. I will try to do my promise—at least I hope it was. I think concept or the idea that judges have a part. I want to say one thing, the constitu- it said that judges, such as Judge Bill right to go back and reinterpret the tional option has not been removed Pryor who, when asked did if he said meaning of the Constitution or stat- from the table. We cannot allow fili- abortion was bad, answered: Yes, sir, I utes and read into them whatever they busters to come back and be abused. do. And when he was asked: Do you like to make them agree with the still believe it? He said: Yes, sir. I do. judge’s philosophy. Many today seem We absolutely cannot. The majority He had a record, fortunately, that he to think they are at liberty to do this. should never allow that historic change could then call on to show that he was In fact, some judges go back and try to to occur while they have the ability to prepared to enforce the law whether he twist, bend, stretch the meaning of resist and that ability still exists. I be- agreed with it or not. If he had been in words to promote agendas in which lieve the majority leader, BILL FRIST, the legislature, he might have voted they believe. Priscilla Owen does not is correct in that analysis. He has stat- differently. But as a judge or as attor- believe in that and has spoken against ed the ideals of this Senate. He has re- ney general, he had a record on which it. minded us of the history and traditions he could call to show that he enforced Her philosophy as a judge reflects re- of the Senate. He has reminded us that the law. straint, and a dedication to following Republicans were faithful to that tradi- For example, Judge Pryor would cer- the law. That is what she has stood for, tion and the Democrats need to be, too. tainly have opposed partial-birth abor- and she has been criticized roundly as So I hope we will be able to move for- tion, one of the worst possible abortion being an extremist—a judge who re- ward with the consideration of more procedures. But as attorney general in ceived 84 percent of the vote and was and more nominees as President Bush the 1990s, when Alabama passed a par- endorsed by every newspaper in the goes forward in his term, and that as tial-birth abortion ban, he wrote every State. we do so, they will be given a fair hear- district attorney in the State on his Judge Priscilla Owen also was rated ing. I hope that Senators on both sides own motion—he did not have to, but he by the American Bar Association of the aisle will look at the facts and had the power to do so as attorney gen- unanimously well qualified, the highest allegations about nominees to make eral—and told them that portions of rating they give. This is not an extrem- sure those are truthful, accurate, and that bill, with which he probably ist. fair characterizations of them, and not agreed, were unconstitutional and What was it here? Outside groups mischaracterizations, not distortions, should not be enforced. who have made a history of identifying not misrepresentations of what they

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10919 are and what they have done. If we do speak. There are those who would like today because they will know what the that, we are going to be OK. to muzzle, silence, effectively cut off results of yesterday’s agreements actu- Let me say this about President the debate in the Senate. With this ally turned out to be. I hope that his- Bush. He has gone to the American agreement of last evening, that time, tory will judge us well as an institu- people. He has stated his case to them. hopefully, has ended. It certainly has tion. We came close to having a vote He stated clearly and effectively he be- been for this Congress. that threatened the essence of the Sen- lieves that judges should be committed I was listening to some of my col- ate and of our Government. It risked to the rule of law, should follow the leagues earlier. I read from the agree- destruction of the checks and balances law, that they should not be activist, ment about rules change: among the branches that the Framers they should not seek to impose per- In light of the spirit and continuing com- so carefully constructed. It risked de- sonal and political agendas through the mitments made in this agreement, we com- struction of the independence of the ju- redefinition of words of statutes or our mit to oppose the rules changes in the 109th diciary, which is at the heart and soul Congress, which we understand to be any Constitution. The American people amendment to or interpretation of the Rules of this issue. It risked an accumulation have affirmed him in that. of the Senate that would force a vote on a ju- of power in the President that might The Senate obstruction and filibuster dicial nomination by means other than have turned back the clock toward the of Federal judges has been a big issue unanimous consent or rule XXII. day when we were subjects instead of in the last two election cycles in this The current rule. There it is. Yet we citizens. Senate, and Republicans have, as a re- heard the mention by the leader earlier We have avoided that confrontation sult, in my opinion—it is my opinion, I this morning that he believes somehow and have done so within the traditions will admit—picked up six new Senate the nuclear option is still alive and of the Senate: discussion, debate, nego- seats. I think a large part of that is be- well. tiation and compromise. Moderation cause people in these States have been It does seem to me the American peo- and reason have prevailed. As in any concerned about the obstruction of ple want to get about the American compromise, some on each side are un- good and decent nominees, and the peo- people’s business. This has been an happy with specific aspects of the re- ple of this country are of the opinion enormous distraction. sult, but the essence is clear. A major- that their liberties are in jeopardy I listened to my friend and colleague ity of this body does not want to break when an unelected lifetime-appointed from Tennessee who says we want to its rules and traditions. Those rules judge starts setting social policy. If follow the rules and traditions of the and traditions will be preserved. they are not happy with my vote on so- Senate, so we are going back to the This body’s self-regulating mecha- cial policy, I can be removed from of- regular order. If we go back to the reg- nisms will continue to be a moderating fice, but a judge has a lifetime appoint- ular order, we are going back to the influence, not only within the body but ment, and the American people under- traditions and rules as they stand: You also on the other House and the other stand that. They understand that an have the vote of every member on this branches of Government. Once again, activist judge is, indeed, antidemo- side. That is not what the majority the Senate has reminded the Chief Ex- cratic. It is an antidemocratic act leader was talking about. He was talk- ecutive that we are not merely occu- when a judge, without accountability ing about we will go back to the reg- pants of a beautiful building at the to the public, starts setting social and ular order; he was going to change the other end of Pennsylvania Avenue. We political policy, as we have seen too order with a whole series of changed taught George Washington that lesson often in recent years. rules. when we rejected one of his Supreme As a result, I believe we need to re- That is what the members of this Court nominations. We taught Thomas turn to our traditions that have served side and the courageous Republicans on Jefferson that lesson when we refused both sides well, and if we do that, we the other side found offensive. We be- to convict an impeached Justice whose can move forward, I believe, to a better lieve we ought to be about our people’s opinions Jefferson did not like. We process on judges and other issues that business. We have approved 95 percent taught Franklin Roosevelt that lesson come before this body. I am cautiously of the Republicans’ nominees. I am when he tried to pack the Supreme optimistic for the future. sure some are, perhaps, pro-choice; Court. We taught Richard Nixon that I yield the floor and reserve the re- many of them—probably most of lesson when he sent us a worse nomi- mainder of our time on this side. them—are pro-life. They have still nee after we defeated his first nominee The ACTING PRESIDENT pro tem- gone through. The real question is for a Supreme Court position. pore. The Senator from Massachusetts. whether we are going to be stampeded As even the Republicans in the agree- Mr. KENNEDY. Madam President, I and be silenced with regard to judges ment group said, this agreement should understand that by previous agree- who are so far outside of the main- persuade the President to take more ment, time is allocated; is that cor- stream of judicial thinking that it was seriously the advice portion of the ad- rect? going to be the judgment of the major- vice and consent. If the President un- The ACTING PRESIDENT pro tem- ity leader that he was going to change derstands the message and takes it to pore. That is correct. the rules in a way that would deny the heart, his nominees will be better off, Mr. KENNEDY. And there is to be 1 Senate’s Parliamentarian, who has the courts will be better off, and the hour for one side, 1 hour to the other been the safeguarder of these rules for Nation will be better off. side, prior to the leadership time? the 214 years of the Senate, and bring The ACTING PRESIDENT pro tem- in the Vice President, who was going to Our principal goal was to preserve pore. There is 47 minutes remaining for rule according to his liking rather than the ability of the Senate to protect the the minority. to the traditions of the Senate. independence of the Federal courts, in- Mr. KENNEDY. Madam President, I That kind of abridgement, that kind cluding the Supreme Court, and we yield myself 10 minutes. of destruction, that kind of running have succeeded in doing so. We have First, I commend my friend and col- roughshod over the Senate rules is of- sent a strong message to the President league, our leader, Senator REID, for fensive to the American people and of- that if he wants to get his judicial his perseverance during these past sev- fensive to us. It was avoided by the ac- nominees confirmed, his selections eral weeks and adherence to the great tions that were taken last evening in must have a broader support from the traditions of the institution of the Sen- which our Democratic leader was the American people. ate. It has been an extraordinary exam- principal architect and supporter. As a result of this agreement, we can ple of devotion to the Senate, to our Yesterday was a day that will live in hope that no Senator will ever again Constitution, the checks and balances American history, and our grand- pretend that the Constitution com- which are written into the Constitu- children and their grandchildren will mands a final vote on every Executive tion. Our President has a veto, and the discuss what happened. They will do so nominee, for it has never done so and it Members of Congress have the right to with much more insight than we can does not do so now.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10920 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 We can hope that no one will again San Antonio Express News: She has tired of the misplaced priorities and pretend that there has never been a fil- always voted with a small court minor- abuse of power by the rightwing. This ibuster of a judicial nominee when they ity that consistently tries to bypass agreement sends a strong message to can look across the Senate floor at the law as written by the legislature. the President that if he wants to get three Democratic Senators who wit- I have included at other times in the his judicial nominees confirmed, his se- nessed the Republican filibuster RECORD the 10 different occasions when lections need to have broad support against Justice Fortas and Republican the current Attorney General of the from the American people. Senators who participated in other ju- United States criticized Priscilla Owen Going forward on any nomination, dicial filibusters. We can hope that no for being outside of the mainstream of the President must take the advice and one again will pretend that it is pos- judicial thinking. I ask unanimous con- consent clause seriously. The Senate is sible to break the fundamental Senate sent that six or eight of those, and the not a rubberstamp for the White House. rule on ending a filibuster without cases, be printed in the RECORD. The message of Monday’s agreement is shattering the basic bonds of trust that There being no objection, the mate- clear: Abuse of power will not be toler- make this institution the world’s rial was ordered to be printed in the ated. Attempts to trample the Con- greatest deliberative body. RECORD, as follows: stitution will be stopped. I believe history will judge that we EXAMPLES OF GONZALES’S CRITICISMS OF Over the last few weeks, the Repub- have not failed those who created OWEN lican Party has shown itself to be out- America two centuries ago by what we In one case, Justice Gonzales held that side the mainstream, holding up the have done. We have fought off those Texas law clearly required manufacturers to Senate over the judges while gas prices who would have destroyed this institu- be responsible to retailers that sell their de- have jumped up through the ceiling, tion and its vital role in our Govern- fective products. He wrote that Justice stubbornly insisting on the Social Se- ment for shameful partisan advantage. Owen’s dissenting opinion would ‘‘judicially curity plan that cuts benefits and By rejecting the nuclear option, the amend the statute’’ to let manufacturers off makes matters worse, passing a budget Senate has lived up to its responsibil- the hook. that offers plenty to corporations but In a case in 2000, Justice Gonzales and a little to students, nurses, and cops, and ities as a separate and equal branch of majority of the Texas Supreme Court upheld Government. a jury award holding that the Texas Depart- running roughshod over ethics rules. I say to my colleagues on both sides ment of Transportation and the local transit These are not the priorities of the of the aisle, that agreement does not authority were responsible for a deadly auto American people. The American people change the serious objections to the accident. He explained that the result was want us to get back to what is of cen- nominations that have been debated in required by the ‘‘plain meaning’’ of Texas tral concern to their lives, the lives of the past days. Those of us who care law. Justice Owen dissented, claiming that their children, their parents, and their about the judiciary, who respect main- Texas should be immune from these suits. neighbors. That is what we ought to be stream values, who reject the notion Justice Gonzales wrote that her view mis- about doing, and preserving the Con- that judgeships are spoils to be award- read the law, which he said was ‘‘clear and stitution and the rules of the Senate. unequivocal.’’ ed to political fringe groups, will con- In another case, Justice Gonzales joined a The agreement that was made in a bi- tinue to oppose the nomination of Pris- majority opinion that criticized Justice partisan way does that, and it should cilla Owen, Janice Rogers Brown, and Owen for ‘‘disregarding the procedural limi- be supported by our colleagues in the William Pryor because they would roll tations in the statute,’’ and ‘‘taking a posi- Senate. back rights and freedoms important to tion even more extreme’’ than had been ar- I reserve the remainder of our time. the American people. gued by the defendant in the case. The ACTING PRESIDENT pro tem- Now that these nominees are slated In another case in 2000, private landowners pore. The Senator from South Caro- to get a vote on the floor, I hope coura- tried to use a Texas law to exempt them- lina. geous and responsible Republicans will selves from local environmental regulations. Mr. GRAHAM. Madam President, No. The court’s majority ruled that the law was 1, there has been a lot said about last show their independence from the an unconstitutional delegation of legislative White House and thoroughly examine authority to private individuals. Justice night. I was one of the signatories of the records of each of them. If they do, Owen dissented, claiming that the majority’s the agreement. I think last night gives I hope they will agree that these nomi- opinion ‘‘strikes a severe blow to private us a chance to start over. Seldom in nees should not be given lifetime ap- property rights.’’ Justice Gonzales joined a life do people get a chance to start over pointments to the Nation’s courts, majority opinion criticizing her view, stat- and learn from their mistakes. where they will wield enormous power ing that most of her opinion was ‘‘nothing There have been some mistakes made over the lives of all Americans. more than inflammatory rhetoric which for about 20 years on judges, and it fi- Those of us who oppose the nomina- merits no response.’’ nally all caught up with us. It started Justice Gonzales also wrote an opinion with Judge Bork. He was the first per- tion of Priscilla Owen have done so holding that an innocent spouse could re- with good cause because her record cover insurance proceeds when her co-in- son I can remember in our lifetime who makes clear that she puts her own ide- sured spouse intentionally set fire to their was basically subjected to ‘‘how will he ology above laws that protect the insured home. Justice Owen joined a dissent decide a particular case,’’ and he was American people. I have made that that would have denied coverage of the attacked because of his philosophy, not case. I just remind our colleagues of spouse, on the theory that the arsonist because of his qualifications. It has what the Houston Chronicle said. The might somehow benefit from the court’s de- just gotten worse over time. Clarence Houston Chronicle, from her own area, cision. Justice Gonzales’ majority opinion Thomas—we all remember that. wrote that her record shows less inter- stated that her argument was based on a The truth is, when the Republicans ‘‘theoretical possibility’’ that would never est in impartiality and interpreting were in charge of the Judiciary Com- happen in the real world, and that violated mittee, there is a pretty good case to law than in pushing an agenda. She too the plain language of the insurance policy. often contorts rulings to conform to In still another case, Justice Owen joined a be made that some of President Clin- her particular conservative outlook. partial dissent that would have limited the ton’s nominees were bottled up when Those are not fringe groups. That is right to jury trials. The dissent was criti- we had control of the Judiciary Com- the Houston Chronicle. cized by the other judges as a ‘‘judicial mittee, and they never got out into the Austin American-Statesman: Pris- sleight of hand’’ to bypass the Texas Con- normal process. cilla Owen is so conservative she places stitution. Where do we find ourselves now? It herself outside of the broad main- Mr. KENNEDY. This is Attorney started with an attack on one person stream of jurisprudence and she seems General Gonzales on the supreme court because people did not like the philos- all too willing to bend the law to fit with Priscilla Owen, critical of her of ophy of that person, which was new for her views. being outside the mainstream. That is the Senate. Before that, when a judge Those are not leftwing fringe groups. the point we have basically made. was sent over, we looked at whether That is the Austin American-States- This week, the American people are they were qualified ethically and intel- man. saying loudly and clearly that they are lectually.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10921 One has to understand that there is a service to the bar, Neanderthals? We preme Court fight. There is going to be consequence to an election. When a have a chance to start over, and we a Supreme Court nomination coming, President wins an election, that Presi- better take it, because one thing the probably soon, and that is what this is dent has a right to send nominees over American people have from this whole about. But our seven Democratic col- to the Senate for Federal courts. It has show is that the Senate is out of touch leagues decided to find a middle way to always been assumed that conservative with who they are and what they be- bring some calm to the body. I think people are going to pick conservative lieve because we have allowed this we can get a conservative justice nomi- judges, and moderate and liberal people thing to sink into the abyss. Priscilla nated and confirmed if we try hard. No- are going to be somewhere in the mid- Owen got 84 percent of the vote in body should expect anything less from dle. That has worked for 200 years. Texas, and JOHN CORNYN knows her George W. Bush. But there is a way to The bottom line is, the President can well. He served with her. She graduated get there from here and I do believe the send over somebody who they think is at the top of her class; scored the high- seven Democrats who signed this conservative, and they can be fooled. est on the bar exam. She has been a agreement will work very hard to They can send somebody they think is solid judge. What has been said about make that happen along with all Sen- liberal, and over a lifetime they may her has been a cut-and-paste, manufac- ators at the end of day. change. What we have been able to do tured character assassination. Whether But if there comes a point in time in as a body is to push back but eventu- she is in the mainstream, the best way the future when one of the seven Demo- ally give people a chance to be voted to find out is when people vote. When crats believes this person before them on. Priscilla Owen finally gets a vote here is so unacceptable they have to get I was a ‘‘yes’’ vote. Senator DEWINE soon, you are going to see she is very back in the filibuster business, here is and myself were ready to vote for the much in the mainstream, if a super- what it means to the Republicans—be- nuclear option this morning if we had majority of Senators count for any- cause I helped write the language. It to, the constitutional option. It can be thing. She is going to get votes. She is means we will talk, we will listen, and we will discuss why they feel that way. called whatever one wants to call it, going to get a lot more than 50 of But it means I am back in the ball but it would have been a mess for the them. So is Judge Pryor. country. It would have been better to The problem I have had with Bill game. If one of the seven decides to fil- end this mess now than pass it on to Pryor and the way he has been handled ibuster and I believe it is not an ex- the next generation of Senators be- is that he is the type person I grew up traordinary circumstance for the coun- cause if the filibuster becomes an insti- with. He is a conservative person. He is try, for the process, then I have re- tutional response where 40 Senators a good family man. But he has made tained my rights under this agreement driven by special interest groups de- some calls in Alabama that are unbe- to change the rules if I think that is best for the country. That is only fair. clare war on nominees in the future, lievably heroic, when it comes to poli- My belief is we will never have to cross the consequence will be that the judici- tics and the law. Being for the Ten that bridge. But those who say this is ary will be destroyed over time. People Commandments is a big deal in Ala- a one-sided deal misrepresent what can get rid of us every 6 years, thank bama. Judge Moore, Justice Moore happened in that room. This is about God, but once a judge is put on the took that and rode that horse and beat moving forward, avoiding conflict in bench, it is a lifetime appointment. We it to death and it got to be a hot issue the future by talking and trusting. should be serious about that. in Alabama and it got to be a hot issue But there may come a time, and I We should also understand that peo- all over the country. The attorney gen- hope to God it doesn’t happen, where ple who want to be judges have rejected eral of Alabama, Bill Pryor, followed we go different directions. The only the political life, and when we make the law and took on Justice Moore. He reason we will ever go different direc- them political pawns and political didn’t have to, but he chose to. tions is that we will start playing poli- footballs, a lot of good, qualified men At every turn he has proved to me he tics again and lose sight of the com- and women who are moderate, conserv- is bigger than the political moment. mon good. ative, or liberal will take a pass on sit- When he gets voted on, I am going to The two nominees who were in cat- ting on the bench. If the filibuster be- take this floor and we are going to talk egory two I think will get back in the comes the way we engage each other on a little bit longer about him. The peo- process in a fair way. The truth is all judges, if it becomes the response of ple in Alabama across the board should of the nominees were never going to special interest groups to a President be proud of Bill Pryor. He is going to make it. There are some Republicans who won who they are upset with, the make a heck of a Federal judge. who will vote against some of these Senate will suffer a black eye with the Now, where do we go? This agree- nominees. But they all deserve a fair American people, but the judiciary will ment was among 14 Senators who be- process and they all deserve to be fair- slowly but surely become unraveled. lieved that starting over would mat- ly treated. None of them deserve to be That is why I think we have a chance ter—14 Senators from different regions called Neanderthals. to start over. That is why I voted for us of the country, supported by their col- It is my hope and my belief we will to start over, and I hope we have leagues in a quiet fashion, more than get this group of nominees fairly dealt learned our lesson. you will ever know. What happens in with. Some are going to make it and As to Priscilla Owen, it is the most the future depends on all of us working some will not. But they will get the manufactured opposition to a good per- together. It depends on trust and good process back to the way it used to be. son I have seen short of Judge Pick- faith. The White House needs to talk As to the future, it is my belief that by ering, only to soon-to-be Judge Pryor with us more, and they will. Our Demo- talking and working together in col- and a close third is Justice Brown. cratic friends need to understand that laboration with the White House, we What has been said about these people the filibuster as a tool to punish can pick Supreme Court Justices, if is beyond the pale. They have been George W. Bush is not going to sustain that day ever comes, so that everybody called Neanderthals. If one has some- you very long and will put you on the can be at least happy with the process, body they know and care about and wrong side of the American people and if not proud of the nominee. That is they are thinking about being a judge, will eventually destroy the judiciary. possible because we have done it for 200 I think they need to be given fair warn- The agreement says that in future years. But please don’t say, as a Demo- ing that if they decide a case that a nomination battles, the seven Demo- crat, you can do anything you want to special interest group does not like, a crats will not filibuster unless there do in the 109th Congress and nothing lot of bad things are going to be com- are extraordinary circumstances. What can happen, because that is not true. ing their way. does that mean? Well, we will know it I have every confidence we can get Do we really need to call three people when we see it. It means we will keep through this mess, but there is no who have graduated near the top of talking. It means they don’t have to agreement that allows one side to uni- their class, who have had a lifetime of lay down in the road if there is a Su- laterally do what it would like to do

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10922 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 and the other side be ignored. Because ward work in this country and know about and acting on in this Chamber. I if that were the case, it wasn’t much of that when we work hard every day and am hopeful we will very quickly turn an agreement. play by the rules, we are going to be to those matters: jobs, health care for I look forward to voting for Justice able to care for our families and that every single American, opportunities Owen, I look forward to voting for we have respect for the dignity of work for our kids to be successful, energy Judge Pryor, I look forward to voting and that we will reward Americans who independence, a strong defense here for Justice Brown, and putting to rest are working hard every day. and abroad. If we do that, then we will the idea that these nominees were out They say to me they are desperately be able to hold our heads high, because of the mainstream. concerned about their pensions. Look we will have done those things that I yield the floor. what is happening. We in this body matter most to the families we rep- The PRESIDING OFFICER. The Sen- need to be focusing on protecting the resent. ator from Michigan. pensions, the retirement security of all The PRESIDING OFFICER. The Sen- Ms. STABENOW. Before my friend the Americans who worked all their ator from Texas. and colleague from South Carolina lives. They put that money aside and Mr. CORNYN. Madam President, leaves, I want to congratulate him and they count on that pension in retire- when I was in college and law school, my colleagues on both sides of the aisle ment for themselves and their families. there was a character played by the ac- for bringing us to this point. The most Now they are seeing that American tress Gilda Radner on ‘‘Saturday Night important point about what has hap- dream eroded. Pension security, Live,’’ who was known best for pur- pened in the last 12 hours is we have strengthening Social Security, making porting to do the news and would en- maintained the checks and balances in sure health care is available to every gage in this screed about some subject, the Senate. We are retaining the abil- American—these are the issues that, in and then she would be corrected, only ity for minority views to be heard. this body, we need to be working on to- to have her then reply, ‘‘Never mind.’’ That is most important. gether because they directly affect I thought about that when I have It is not always Democrats versus every single person we represent. contemplated the occurrences of the Republicans. It could be little States, I am hopeful we will now be able to last few days, particularly the last day such as the State of my friend from put this aside and we will be able to when it came to the sort of apocalyptic Delaware, whom I see on the floor, move on with the people’s agenda for terms that were used as we approached versus Michigan or California. It could this country, creating opportunities for breaking the logjam over the Presi- be different groups of people. It could everybody to succeed, rewarding work, dent’s long-delayed judicial nominees. be Great Lakes Senators banding to- making sure we are protecting and ex- But for this secret negotiation con- gether to protect our Great Lakes panding American jobs and American ducted by 14 Senators that none of the versus others who want to divert businesses, making sure we are energy rest of the Senate was a party to, we water. It could be a variety of issues. independent. would be, I believe, about the process The fact that the Senate is the place We will be having legislation brought of reestablishing the precedent of ma- we can come together and minority before us shortly. I know there is im- jority rule that had prevailed for 214 views can be heard is a part of our portant bipartisan work going on. But years in the Senate, that would say democratic process. It is a part of our we need to say we are going to be inde- any President’s nominees, whether democracy that has held us together pendent in terms of energy resources they be Republican or Democrat, if for over 200 years. I commend my col- and that we are going to move forward they have the support of a majority of leagues for standing up and saying no as well on issues that relate to na- the Senate, will get an up-or-down vote to eliminating the filibuster and no to tional security—not only a strong de- in the Senate. Senators who believe eliminating the checks and balances of fense abroad but making sure our po- these nominees should be confirmed our Government. lice officers and firefighters have what can vote for them and those who be- It involves some compromise, as they need, and our emergency respond- lieve they should not be confirmed can these agreements always do. While I ers, so that we have security at home. vote against them. personally will not support the nomi- When somebody calls 911, they will I was not a party to the negotiations nation of the person before us today, I know they are going to get the re- and what happened in this room off the understand that in order to maintain sponse they need in terms of their se- Senate floor, but I do have some con- the broad principle of checks and bal- curity. cerns I wanted to express about what ances in the Senate, in order to allow We have a lot of work to do. People has happened. us to exercise our minority views at a are expecting us to get about the peo- It is important to recognize what future point if there are extreme nomi- ple’s business. I am very proud that this so-called agreement among these nees coming forward, this was an im- last night our leader on this side of the 14 Senators does and what it does not portant compromise to make. aisle, the Democratic leader, Senator do. First of all, one of the things it Part of that is an important piece REID, spoke to those issues. In praising does, it means that at least three of that Senator LEVIN and I contributed where we are now, the fact that we will the President’s nominees—Bill Pryor, to the process of allowing the Senate continue to have the rules and checks Janice Rogers Brown, and Priscilla to move forward on three nominees of and balances of the Senate, he also Owen—will get an up-or-down vote on the Sixth Circuit from Michigan. So then spoke about the fact that we have the Senate floor and that they will be, there are compromises that have been to get about the people’s business be- I trust, confirmed to serve in the Fed- made in the interests of the larger cause every day when people get up in eral judiciary. good, in the interests of maintaining the morning they are wondering what What this agreement by these 14 Sen- the checks and balances, the ability for is going to happen that day for them- ators does not do, it does not give any us to work together on both sides of selves and their families. assurance that other nominees of the the aisle to get things done for the It is our job to do everything we can President—Mr. Myers, in particular, American people. That is why we are to make sure their hard work is re- and others—will get an up-or-down here. warded and opportunities for the fu- vote that they deserve according to the Now we need to get about the busi- ture, for our children and grand- common understanding of the Senate ness of getting things done for people. children, are protected. This is a fight for more than 200 years by which those When I go home every weekend, when I for the future. It is a fight about where who enjoyed majority support did get talk to my family in Michigan, when I we need to go as a country. Our fami- that vote and did get confirmed. talk to everyone I represent—families lies are counting on us to turn to the What this agreement says, we are all across Michigan, they say, We want things they care about every day. The told, is that seven Democrats and, pre- you to focus on jobs, American jobs. values and priorities of the American sumably, seven Republicans reserve the We want our jobs here. We want to re- people need to be what we are talking right to filibuster judicial nominees

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10923 under extraordinary circumstances, determination to bring us to this point, I worry some nominees in the future but we are left to wonder what those I have no doubt that we would not have will simply say: I am not going to put extraordinary circumstances might be. reached at least this temporary resolu- my family through that. I think about What makes me so skeptical about this tion. They are entitled to a whole lot Miguel Estrada, who waited 2 years for agreement among these 14 is that ex- of credit for their courage and their an up-or-down vote with the wonderful traordinary circumstances are in the willingness to hold the feet to the fire American success story, but after 2 eye of the beholder. of those in the partisan minority who years he simply had to say: I can’t wait Looking at the litany of false charges would have denied a bipartisan major- anymore. My reputation cannot sus- made against Priscilla Owen for the ity the right to an up-and-down vote on tain the continued unjustified attacks. last 4 years makes me skeptical that these nominees. I am simply going to withdraw. any nominee, no matter how qualified, This agreement of these 14 Senators Unfortunately, when we have good no matter how deserving, that under delays but does not solve the problem. men and women who simply say, I appropriate circumstances our col- Of course, we all anticipate that before can’t pay the price that public service leagues, some of our colleagues, will long, there will be a Supreme Court va- demands of me and demands of my find the circumstances extraordinary cancy which will test this definition of family, I fear we are all losers as a re- and still reserve unto themselves what what these 14 call extraordinary cir- sult of that process. they perceive as their right to engage cumstances. I wonder whether this I am skeptical of this agreement in a filibuster and deny a bipartisan standard will be applied to the other made by 14 after secret negotiations majority our right to an up-or-down nominees who were not explicitly cov- that we were not a party to. Perhaps I vote. ered by this agreement; that is, other am being unduly skeptical. I hope I am It is clear to me this agreement nominees who have been pending for wrong. I hope what has happened today among these 14 to which 86 Senators years who were not given, as Justice and I hope we are reassured over the were not a party does not solve any- Owen, Justice Brown, and Judge Pryor hours and days that lie ahead that thing. What it does do is perhaps delay have been, the opportunity for an up- what has been established is a new the inevitable. Senator DEWINE, in par- or-down vote. precedent, one that says we will not fil- Let me say I hope I am wrong. But ticular, one of the signatories of this ibuster judicial nominees, we are not there is plenty of reason to be skep- agreement, says this is an effort to going to assassinate their character, tical about this so-called agreement of break the logjam on these three nomi- we are not going to spend millions of these 14. Perhaps we will see a triumph nees, hopefully, change the standard by dollars demonizing them. of hope over experience, but our experi- which at least seven Senators on the I hope I am wrong and that we have ence over the last 4 years has been a other side of the aisle will engage in a a fresh start when it comes to judicial bad one and one which I don’t think re- filibuster, and perhaps start anew. nominations. The American people de- flects well on the Senate. I hope Senator DEWINE is correct in I hope I am wrong. I hope what has serve better. These nominees deserve his reading and his understanding of been established is a new precedent better. This Senate deserves better this agreement. I was not a party to it; that says that the filibuster is inappro- than what we have seen over the last 4 presumably, 84 Senators were not a priate and will not be used against ju- years. party to it. Negotiations took place in dicial nominees because of perceived I yield the floor. a room where I didn’t participate, difference in judicial philosophy, that The PRESIDING OFFICER (Mr. where the American people were not people who have certain fundamental SUNUNU). The Senator from Delaware. given the opportunity to listen and convictions will not automatically be Mr. CARPER. Mr. President, a week judge for themselves. disqualified from judicial office. I hope ago, I stood in this Chamber and I re- The thing that disturbs me most that is where we are. As we know, minded Members to look back some 200 about this temporary resolution, if you though, extraordinary circumstances years. The issue of how we are going to can call it that, is that while 7 Repub- could be interpreted by some to mean nominate and confirm judicial ap- licans and 7 Democrats were a party to that if you can vilify and demonize a pointees is not a new issue. At the 1787 this agreement, a product of these ne- nominee enough, that, indeed, the fili- Constitutional Convention in Philadel- gotiations, the fact is that the 7 Repub- buster continues to be justified. We phia, there were many issues to re- licans of this 14 would have agreed to know from the false accusations made solve. One of the last issues resolved close off debate and would have agreed against too many of President Bush’s was, who is going to select these Fed- to allow an up-and-down vote, while it nominees how easy that is to do. eral judges to serve a lifetime appoint- is clear that the 7 Democrats would not After $10 million—that is one esti- ment? have agreed otherwise to withhold the mate I have heard—in the various spe- Ben Franklin led the forces on one filibuster and allow an up-or-down cial interest attack ads have been run side in an effort to try to curb the pow- vote. against Priscilla Owen and Janice Rog- ers of this President we are going to es- What reminds me so much of Rose- ers Brown and others, after $10 million tablish to make sure we did not have a anne Rosannadanna on Saturday Night or more, perhaps, the American people king in this country. And Ben Franklin Live and Gilda Radner, now in effect are told, never mind, we did not really and those who sided with him said the what they are saying after 4 years of mean it; or even if we did mean it, you judges ought to be selected by the Sen- character assassination, unjustified at- are not supposed to take us seriously ate, by the Congress. tacks, and a blatant misrepresentation because what this is all about is a There was another school of thought of the record of these fine nominees, game. that prevailed as well in the Constitu- they are saying, in effect, never mind, This is about the politics of char- tional Convention, those forces led by as if it never happened. But it did hap- acter assassination, the politics of per- Alexander Hamilton. Hamilton and his pen. It is important to recognize what sonal destruction. In Washington, per- allies said: No, the President should has happened. It is a blight on the haps people can be forgiven for believ- choose the people who are going to record of this body, and it is further ing that happens far too much. Indeed, serve lifetime appointments to the evidence of how broken our judicial that is what has happened with these Federal bench. confirmation process has been. fine nominees. But now they are told, In the end, a compromise was pro- I have nothing but admiration for the particularly in the case of Justice posed and voted on. Here is the com- courage of our majority leader in Owen, after 4 years, never mind, all the promise: The President will nominate, bringing us to this point. I believe if he things that were said about you, all the with the advice and consent of the Sen- had not had the courage and deter- questions raised are beside the point, ate, men and women to serve lifetime mination—and, I might add, our assist- and you are not going to serve on the appointments to the Federal bench. ant majority leader, MITCH MCCON- Fifth Circuit Court of Appeals after That compromise was voted on. It was NELL—if our leadership had not had the waiting 4 years for an up-or-down vote. defeated. They wrangled for a while

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10924 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 longer and came back and they voted is true in this case as well. But in the tinue until 11:40. The minority side has on the same compromise again. It was final analysis, the center of this body 20 minutes remaining. The majority defeated. They went back and wrangled has held, barely, but it has held. A crit- side has 1 minute remaining. among themselves and came back and ical element of our Nation’s system of Mr. LEAHY. I thank the distin- voted a third time on the same com- checks and balances has been tested, guished Presiding Officer, my neighbor promise. And it was accepted. That was but it still lives. For that, most of us across the Connecticut River. 1787. should be happy—and if not happy, we Mr. President, last night I spoke, A lot of years have passed since then, should at least be relieved. praising the Senators on both sides of and this issue, this check and balance I believe the path to a productive leg- the aisle who came together to avert that was embedded in our Constitution, islative session has been reopened, too. the so-called nuclear option. I see on is one we have revisited over and over And almost like Lazarus rising from the floor the distinguished Senator again. We did it this week. It was a big the grave, I think prospects for arriv- from Pennsylvania, the chairman of issue when Thomas Jefferson was ing at a middle ground on a whole the Senate Judiciary Committee. I President, the beginning of his second range of issues we face has a new lease think those Senators have made his term when he sought to stack the on life. We need to transfer the trust and my work a lot easier. I also com- courts and was rebuffed by his own that I hope has grown out of this nego- mend the distinguished Senator from party. That was in the 1800s. It was a tiation among the seven Democrats Delaware for his comments. big issue in the 1900s when FDR, at the and seven Republicans. I salute them This President, with the compliance beginning of his second term, sought to all for the good work they have done. I of the Republican majority, has tried stack the courts, pack the courts. He, am not going to get into naming to push the Senate across an unprece- too, was rebuffed largely by his own names, but they know who they are, dented threshold that would forever party. and I am grateful to each of them. change and weaken this body. This Is this compromise hammered out But what we need to do, as a body, as move would have stripped the minority over the last couple of weeks going to a Senate, is to transfer some of the of the crucial rights that have been a last forever? My guess is probably not. trust that is a foundation of this agree- hallmark of this chamber, and it would Just as this has been an issue of con- ment. We need to capture that trust have fundamentally altered the bril- tention for over 200 years, it is prob- and turn it to addressing some of the liant system of checks and balances de- ably going to be a source of con- most pressing issues that face America: signed by the Founders. troversy for a while longer. our huge and growing dependence on This misguided bid for one-party My friend from Texas, who spoke just foreign oil, an enormous trade deficit rule, the nuclear option, has been de- before me, talked about the mistreat- and budget deficit, reining in the terred for now. This ill-advised power ment of those who have been nomi- growth of health care and trying to grab was thwarted through the work nated to serve on the Federal bench by make sure more people have health and commitment of a bipartisan group President Bush over the last 4 years. care available, winning this war on ter- of 14 Senators who have prevented the He mentioned a number, as it turns rorism, and finding ways to improve Republican majority leader from pull- out, about 10 out of over 200, who were our Nation’s air quality. All those ing this potentially devastating trig- confirmed over the last 4 years. He issues beg to be addressed. ger. Pursuant to that agreement, I ex- mentions the 10 who, frankly, have had For this Senator, the good news that pect a few Democrats who had pre- their lives disrupted, and in some cases comes out of this agreement over the viously voted against cloture on the were held up to poor commentary in last 24 hours is that now we can turn to Owen nomination in the last Congress the public and in the Senate with re- our Nation’s business. We can get back to vote in favor of cloture today. I un- spect to their worthiness to serve on to work. We need to. America wants us derstand that they are taking this ac- the bench for a lifetime appointment. to. tion to save the Senate from the nu- I like to practice treating other peo- For the President and our friends in clear option and to preserve the fili- ple the way I want to be treated. I the White House, let me say, in going buster. know most of us try to live by that forward on judicial nominees, if you This Republican tactic put the pro- credo. Sometimes we fall short. I know will consult with the Congress—Demo- tection of the rights of the minority in I do. But I think just to be fair we crats and Republicans—we can actually this chamber in serious risk. That pro- ought to go back to the first 4 years of approve most of those nominees. If this tection is fundamental to the Senate when Bill Clinton was President. It was President will nominate mainstream and to the Senate’s ability to act as a not just 5 percent of his nominees who judges, conservative judges—I expect check and balance in our national gov- were not confirmed. Some 19 percent of them to be Republicans—if he will ernment. That protection is essential if his nominees were not confirmed. It nominate those, for the most part, if we are to protect the independence of was not that they were denied a vote they are not outside the mainstream, the Judiciary and the Judiciary is to on the floor, they never got out of com- they will be approved. If the President remain a protector of the rights of all mittee. will actually consult with the Senate, Americans against the overreaching of One person—one person—could put a as the Constitution calls for, we will be the political branches. hold, stop a nominee from even having better off, he will be better off, and, I will continue to work in good faith, a hearing in the Senate Judiciary Com- frankly, our Nation will be better off. as I have always done, to fulfill the mittee. A handful of Senators in the The same applies to the legislative Senate’s constitutionally-mandated committee could deny a nominee ever agenda that is now before us. For if the role as a partner with the Executive coming out of committee to be debated administration, the President, will branch in determining who will serve and voted on in the Senate. And some- work not just with Republicans but in the Judiciary. I urge all Senators to how the idea that Bill Clinton could with Democrats, too, we can make real take these matters to heart and to re- only get 81 percent of his nominees progress, and when we look back on the double our efforts to invest our advice confirmed the first 4 years was OK for 109th Congress, we can say, with pride, and consent responsibility with the se- some, but yet a 95-percent approval that we got a lot done that needed to riousness and scrutiny it deserves. As I rate for this President’s nominees in get done. have said before, just as Democratic his first 4 years was unacceptable. I see I yield back the floor. Senators alone could not avert the nu- an irony there. I hope others do, too. The PRESIDING OFFICER. The Sen- clear option, Democratic Senators Let me talk about the compromise ator from Vermont. alone cannot assure that the Senate that is before us. Most compromises I Mr. LEAHY. Mr. President, how fulfills its constitutional role with the have been familiar with, frankly, do much time is remaining on this side? check and balance on the Executive. I not leave either side especially happy The PRESIDING OFFICER. Under believe Republican Senators will also for the final result. And that certainly the previous order, debate will con- need to evaluate, with clear eyes, each

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10925 of the President’s nominees for fitness. sion. For some reason we are still hav- In the case of In re Jane Doe III, Jus- If they have doubts about the suit- ing it, but there is no question, of tice Enoch writes specifically to re- ability of a nominee to a lifetime judi- course, that the Senate will now in- buke Justice Owen and her fellow dis- cial appointment, well, they can no voke cloture. senters for misconstruing the legisla- longer look the other way and wait for Three years ago, after reviewing her ture’s definition of the sort of abuse Democratic Senators to save them record, hearing her testimony, and that may occur when parents are noti- from a difficult vote. And there will be evaluating her answers, I voted against fied of the minor’s intent to have an a number of difficult votes on the hori- her confirmation, and I explained at abortion, saying: zon on a number of problematic nomi- length the strong case against con- Abuse is abuse; it is neither to be trifled nees. There may be even more. firmation of this nomination. Nothing with nor its severity to be second guessed. But I also remind everybody that about her record or the reasons that In Weiner v. Wasson, Priscilla Owen while the Senate is supposed to serve led me then to vote against confirma- went out of her way to ignore Texas as a check and balance, the whole proc- tion has changed. Supreme Court precedent to vote ess begins with the President. I have I believe she has shown herself over against a young man injured by a doc- served here with six Presidents. Five of the last decade on the Texas Supreme tor’s negligence. The young man was them have consulted with the Senate Court to be an ends-oriented judicial only 15 years old. Her conservative Re- and worked with the Senate. President activist, intent on reading her own pol- publican colleagues on the court, led Ford, President Carter, President icy views into the law. She has been by then-Justice JOHN CORNYN—now the Reagan, former President Bush, and the target of criticism by her conserv- junior Senator from Texas—lectured President Clinton have done that. ative Republican colleagues on the her about the importance of following Frankly, if this President would work court, in a variety of types of cases that 12-year-old case and ruling in the with Senators on both sides of the aisle where the law did not fit her personal boy’s favor, calling the legal standard to identify and nominate consensus views, including in cases where she has she proposed ‘‘unworkable.’’ choices, we can easily add to the tally consistently ruled for big business and In Collins v. Ison-Newsome, yet an- of 208 confirmations. If the White corporate interests in cases against other case where Justice Owen joined a House will take the view that the workers and consumers. dissent criticized by the majority, the President should be a uniter and not a The conservative Republican major- court was offended by the dissenters’ divider, then we can make significant ity of the Texas Supreme Court has arguments. The majority says the dis- progress. gone out of its way to criticize her and senters agree the court’s jurisdiction is The design of checks and balances en- the dissents she joined in ways that are limited, ‘‘but then argues for the exact visioned by the Founders has served us highly unusual and in ways which opposite proposition. . . . This argu- well for over 200 years, and the agree- highlight her ends-oriented activism. ment defies the Legislature’s clear and ment made last night has preserved it. In FM Properties v. City of Austin, express limits on our jurisdiction.’’ Judicial nominations are for lifetime the majority called her dissent ‘‘noth- These examples show a judge out of appointments to what has always been ing more than inflammatory rhetoric.’’ step with the conservative Republican revered as an independent third branch In Montgomery Independent School majority of the Texas Supreme Court, of Government, one that while reliant District v. Davis, the majority, which a majority not afraid to explain the on the balance between the executive included Alberto Gonzales and two danger of Priscilla Owen’s activist and legislative branches, is actually other appointees of then-Governor views. controlled by neither. George W. Bush, is quite explicit in its Justice Owen has made other bad de- For more than two centuries, these view that Justice Owen’s position dis- cisions where she skews her decisions checks and balances have been the regards the law and that ‘‘the dis- to show bias against consumers, source of our Government’s stability. senting opinion’s misconception . . . against victims, and against just plain It has been its hedge against tyranny. stems from its disregard of the proce- ordinary people, as she rules in favor of We have to preserve them in the inter- dural elements the Legislature estab- big business and corporations. In fact, ests of the American people. We do lished,’’ and that the ‘‘dissenting opin- according to a study conducted last that so the courts can be fair and inde- ion not only disregards the procedural year by the Texas Watch Foundation, a pendent. We should not look at our limitations in the statute but takes a nonprofit consumer protection organi- Federal judiciary as being a Demo- position even more extreme than that zation in Texas, over the last 6 years, cratic judiciary or a Republican judici- argued for by the board. . . .’’ Priscilla Owen has not dissented once ary. It should be independent of all of In the case of In re Jane Doe, the ma- from a majority decision favoring busi- us because they are the backstop to jority includes an extremely unusual ness interests over victims, but has protect the rights of all Americans section explaining its view of the prop- managed to differ from the majority against encroachment by the Govern- er role of judges, admonishing the dis- and dissent in 22 of the 68 cases where ment. And all Americans have a stake senters, including Justice Owen, for the majority opinion was for the con- in that, no matter who may control the going beyond their duty to interpret sumer. Government at any given time. the law in an attempt to fashion pol- As one reads case after case, her legal The Senate remains available as a icy. In a separate concurrence, then- views in so many cases involving statu- rudder that checks against abuse of Justice Alberto Gonzales says that to tory interpretation simply cannot be power, and as a keel that defends the construe the law as the dissent did reconciled with the plain meaning of independence of the judiciary. As the ‘‘would be an unconscionable act of ju- the statute, the legislative intent, or distinguished senior Senator from West dicial activism.’’ the majority’s interpretation. Virginia, Mr. BYRD, noted last night, I understand he now says that when This all leads to the conclusion that the Senate has answered the call he wrote that opinion he was not refer- she sets out to justify a preconceived sounded by Benjamin Franklin at the ring to her. I recognize why he is say- idea of what the law ought to mean. conclusion of the Constitutional Con- ing that. Of course, he has to defend This is not an appropriate way for a vention by preserving our democracy not Governor Bush’s appointment but judge to make decisions, but it is a way and our Republic, as the Senate has now President Bush’s nomination. But for a judge to make law from the been called upon to do so many times a fair reading of his concurring opinion bench—an activist judge. before. leads me to see it as a criticism of the Justice Owen’s activism and extre- Now we have before us the controver- dissenters, including Justice Owen. mism is noteworthy in a variety of sial nomination of Priscilla Owen. I And he admitted as much in published cases, including those dealing with will probably speak to this nomination statements in the New York Times be- business interests, malpractice, access more after the cloture vote, the cloture fore Justice Owen’s first hearing before to public information, employment dis- vote which now is a foregone conclu- the Judiciary Committee. crimination and Texas Supreme Court

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10926 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 jurisdiction, in which she writes rule based upon who you are. The rich even called one of her opinions an act against individual plaintiffs time and and powerful are protected. The poor or of ‘‘unconscionable judicial activism.’’ time again, in seeming contradiction of those hurt by the rich and powerful— In case after case, her record marks her the law as written. A few examples of she is going to rule against you. This is as a judge who is willing to make law this include: judicial activism. from the bench rather than following FM Properties v. City of Austin, After all these years, I am sure the the language of the statute and the in- where Justice Owen showed her will- President will get the votes to put tent of the legislature. Even on the ingness to rule in favor of large private Priscilla Owen on the court. But would conservative Supreme Court of Texas, landowners against the clear public in- it not have been better to have nomi- Justice Owen is a frequent dissenter, terest in maintaining a fair regulatory nated somebody who would unite us and her opinions reveal an extreme ide- process and clean water. Her dissent, and not divide us? ological approach to the law. which the majority characterized as, Last night, 14 Senators—7 Repub- As a result of the agreement an- ‘‘nothing more than inflammatory licans and 7 Democrats—said: We will nounced last night, it is clear that this rhetoric,’’ was an attempt to favor big protect the Senate, actually protect nominee will receive an up-or-down landowners. At her first hearing, and the Constitution, protect advice and vote. I intend to vote against her con- since, Justice Owen and her supporters consent, and protect the checks and firmation. I urge my colleagues to do on the Committee have tried to recast balances by giving the death knell to so as well. I specifically urge my Re- this case as something more innocent, this so-called nuclear option. That was publican colleagues to render an inde- but at the time she wrote her dissent, a good first step. But I urge the Presi- pendent judgment on this, and the Justice Owen was certainly clear about dent to look at what was also said in other nominations will follow in the the meaning of this case—property that agreement. They called upon the months to come. I am confident they rights for corporations. President to now finally work with will. GTE Southwest, Inc. v. Bruce, is an- Senators from both parties in these If Justice Owen is confirmed as a other example where Justice Owen lifetime appointments. No political Federal judge, I hope she surprises wrote in favor of GTE in a lawsuit by party should own our Federal courts. those of us who have fought her nomi- employees for intentional infliction of In fact, no political party should be nation. Perhaps her experience as a ju- emotional distress. Despite the major- able to control our Federal courts. Let dicial nominee has exposed her to a ity’s recitation of an exhaustive list of us work together to have courts that broader range of views, and that expe- sickening behavior by the supervisor, actually work, that are independent of rience may make her more sensitive to and its clear application of Texas law the executive, independent of being concerns regarding privacy, civil to those facts, Justice Owen wrote a swayed, and are truly independent. We rights, and consumer rights. I have concurring opinion to explain that the can do that and call on the President never questioned her intellectual capa- conduct was not, as the standard re- to do what every President since I have bilities. quires, so outrageous in character, and The agreement that will allow Jus- been here—the five before him—has al- so extreme in degree, as to go beyond tice Owen to receive an up-or-down ways done, and that is work with both all possible bounds of decency. The ma- vote also had the effect of taking the Republicans and Democrats, work to jority opinion shows Justice Owen’s nuclear option off the table for this unite us, not divide us. concurrence advocating a point of view Congress and, I think, in our lifetime. The PRESIDING OFFICER. Under that ignores the facts in evidence in I wish to review what I believe was at the previous order, Member time is re- order to reach a predetermined out- stake in this debate. The agreement served until 11:40, and the time be- come in the corporation’s favor. makes clear that the Senate rules have City of Garland v. Dallas Morning tween 11:40 and 12 o’clock is reserved not changed. The filibuster remains News, Justice Owen dissented from a for both the majority and minority available to the Senate minority, majority opinion and, again, it is dif- leaders. whether it be Democrat or Republican. ficult to justify her views other than as Mr. LEAHY. Mr. President, I yield Last night, the seven Democrats based on a desire to reach a particular the balance of my time to the Demo- agreed that filibusters will be used outcome. In this case, she seeks to cratic leader to use as he wishes. only in extraordinary circumstances. shield government decision-making The PRESIDING OFFICER. The In my view, the fact that there have from public view. Democratic leader is recognized. been so few out of the 218 nominations Quantum Chemical v. Toennies, an- Mr. REID. Mr. President, I ask unan- in the last 4 years means that filibus- other troubling case where Justice imous consent that the couple of extra ters already are rare. Owen joined a dissent advocating an minutes be divided between the major- In any event, the agreement provides activist interpretation of a clearly ity leader and me. that ‘‘each signatory must use his or written statute, this time in the con- The PRESIDING OFFICER. Without her own discretion and judgment in de- text of employment discrimination. objection, it is so ordered. termining whether [extraordinary] cir- The majority concluded that they must Mr. REID. Mr. President, in my re- cumstances exist.’’ This, of course, is a rely on the plain language of the stat- marks this morning, I will speak very subjective test, as it always has been. ute as amended, which could not be briefly about the Priscilla Owen nomi- The 14 Democrats and Republicans any clearer that under Title VII dis- nation and, more generally, about the who entered into the agreement last crimination can be shown to be a moti- negotiations that led to the defeat of night, and the rest of us who were pre- vating factor, contrary to Justice the so-called nuclear option. As I said pared to vote against the nuclear op- Owen’s more activist view. this morning, the nuclear option is off tion, stood for the principles of ex- Mr. President, I said time and time the table, and we should stop talking tended debate, minority rights, and again that when somebody walks into a about it after today. I continue, constitutional checks and balances. Federal court, they should not have to though, to oppose the nomination of For 200 years, the Senate rules em- say, I may be treated one way because Priscilla Owen for the U.S. Court of bodying those principles have pro- I am a Republican and a different way Appeals. tected our liberties and our freedoms. because I am a Democrat, or one way As a member of the Texas Supreme Those rules have not made life easy for because I am a plaintiff and a different Court, Justice Owen has consistently Presidents and parties in power, but way because I am a defendant, or one ruled for big business, corporate inter- that is the way our Constitution was way because I am rich, and a different ests, and cases against workers and written, and that is good. way because I am poor. They should be consumers. Her colleagues on the Most every occupant of the White treated on the merits of the case, no Texas court, including the man who is House, most every majority on Capitol matter who they are. now Attorney General of the United Hill, has grown frustrated with the In Priscilla Owen’s case, it was al- States, Alberto Gonzales, have criti- need to build consensus instead of rul- most predetermined how she would cized her decisions. Judge Gonzales ing by their own desires. But that is

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10927 precisely what our Founding Fathers George III. It was because they had a tion of President Clinton when we Re- intended. That is our Constitution. vision of democracy. James Madison, publicans won the Senate in the 1994 Those Founders created this body as the Father of the Constitution, wrote: election. And for the last 6 years of a place secure from the winds of whim, The accumulation of all powers legislative, President Clinton’s tenure, we had a a place for deliberation and honorable executive, and judiciary in the same hands, situation where some 60 judges were compromise. It is why Nevada, with its whether of one, a few, or many—and whether bottled up in committee, which was little over 2 million people, has as hereditary, self-appointed, or elective—may about the same as a filibuster. much to say in this body as California, justly be pronounced the very definition of tyranny. I think it is worth noting that both which has 35 million people. It is why Senator FRIST, our Republican leader, Stripping away these important sometimes we are governed not by the and Senator REID, the Democratic checks and balances would have meant principles of ‘‘one man, one vote’’ but leader, are entitled to plaudits, because the Senate becomes merely a rubber- by the principles of one person who a week ago today, late in the afternoon stamp for the President. It would have rises with a voice of conscience and in a room off the first floor, a few steps meant one political party, be it Repub- courage. from where we are at the present time, licans today or Democrats tomorrow, When Thomas Jefferson and Franklin the leaders met with so-called Repub- could effectively seize control of our Roosevelt tried to pack our courts, pa- lican moderates and Democratic mod- Nation’s highest courts. It would have triots of both parties put aside their erates. personal interests to protect our Amer- removed the checks on the President’s ican rights and rules. In Caro’s defini- power, meaning one man sitting in the While not quite the imprimatur of tive work, ‘‘Master of the Senate,’’ he White House could personally hand out propriety, their presence signified they has a wonderful 10 pages where he talks lifetime jobs whose rulings on our basic knew what was going on, that they about Roosevelt’s attempt to pack the rights can last forever. were prepared to participate in it, and court. It is so revealing. Roosevelt It is too much power for one person. that, again, while it was not quite the calls Senate leaders to the White It is too much power for one President. Good Housekeeping stamp of approval, House—Democratic leaders—and the It is too much power for one political they were interested to see what oc- President didn’t live in the White party. It is not how America works. curred. House, as they do now. His Vice Presi- Our democracy works when majority In a series of floor statements on this dent, James Garner, a former Senator, rules not with a fist but with an out- issue, as the CONGRESSIONAL RECORD walked out of that meeting shaking his stretched hand that brings people to- will show, I had urged the leaders to re- head and said that the President will gether. The filibuster is there to guar- move the party loyalty straitjacket not get his support on this, and he antee this. from Senators so the Senators could didn’t. He didn’t get the support of a The success of the nuclear option vote their consciences because of the majority of the Democrats. When Jef- would have marked another sad, long consistent comments I heard in the ferson and Roosevelt tried to pack our stride down an ever more slippery slope corridors and in the cloakrooms by courts, it didn’t work because Members toward partisan crossfire and a loss of both Republicans and Democrats that of their own parties rose up against our liberties. Instead, this is the mo- they did not like where we were head- them. They were both Democrats. ment we turned around and began to ed; that Democrats were not pleased Nothing in the advice and consent climb up the hill toward the common with this pattern of filibusters, and Re- clause of the Constitution mandates goal of national purpose and rebuilding publicans were not pleased with the that a nominee receive a majority of America’s promise. America owes a prospect of the so-called constitutional vote, or even a vote of any kind. Ac- debt of gratitude to the 14 Senators or nuclear option. cording to the Congressional Research who allowed us to be here today. And finally, in effect, that did happen Service, over 500 judicial nominees I thank the Chair. when a group of moderate Senators got since 1945—18 percent of all judicial The PRESIDING OFFICER. The Sen- together, totaling 14 in number, as the nominees—were never voted on by the ator from Pennsylvania. parties signatory to the memorandum full Senate. Most recently, over 60 of Mr. SPECTER. Mr. President, I begin of understanding of last night, to forge President Clinton’s judicial nominees by thanking the distinguished Demo- an arrangement where the very impor- were denied an up-or-down vote. In cratic leader for his comments and not- tant constitutional checks and bal- contrast, we have approved 208 of ing with particularity his statement ances, the very important constitu- President Bush’s 218 nominees. that the use of the filibuster will be oc- tional separation of powers, would be Last night, when I came to the floor, casional and very infrequent. I think maintained. that characterization is very impor- I said it is a happy night for me be- When we talk about the delicate bal- tant for the future of the Senate in the cause the 8 years of the Clinton judi- ance of separation of powers, the con- consideration of judicial nominations. cial situation are gone. I said last stitutional scholars traditionally talk The term ‘‘extraordinary cir- night that the 4 years of problems with about it as so-called play in the joints. cumstances’’ does not lend itself to any the Bush administration, as it relates Had there been a formal determination easy interpretation. But when the to judges, are gone. Why? Because we of a rule change so that 51 Senators Democratic leader asserts that this are going to start legislating as Sen- could cut off debate, that would have term means occasional and very infre- ators should. If there is a problem with materially affected the delicate separa- quent, it is very reassuring. a judge, that issue will be raised. tion of powers where the President The Senator from Nevada went on to There will be occasions, although would have had much greater author- say this wipes away 8 years of Clinton very infrequent, where a filibuster will ity, be he a Republican President or a and 4 years of the second President take place. That is what the Senate is Democratic President. all about. Bush. That puts the whole controversy, The difference between a 95-percent in my judgment, into context, because Similarly, had the so-called constitu- confirmation rate and a 100-percent what we have been talking about in the tional or nuclear option been defeated, rate is what this country is all about. course of these filibusters has been the then I think it is fair to say the minor- That 5 percent reflects the moderating pattern of payback which began in the ity party—Democrats in this situa- influence and spirit and openness made last 2 years of President Reagan’s ad- tion—would have been emboldened to possible by the advice and consent ministration when Democrats won con- go further in the use of the filibuster. clause of our Constitution. trol of the Senate and the Judiciary The nominees who have been sub- When our Founders pledged their Committee, where the nominating jected to the filibuster, in my judg- lives and fortunes and their sacred process was slowed down, and 4 years of ment, have been held hostage, pawns in honor to the cause of our Revolution, President George H. W. Bush. Then it this escalating spiral of exacerbation it was not simply to get rid of King was exacerbated during the administra- by both sides.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10928 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 In my 25 years in the Senate, during Now I yield to the distinguished ma- CLOTURE MOTION all of which I have served on the Judi- jority leader, whose time I hope I have The PRESIDING OFFICER. Under ciary Committee, I have seen our com- not unduly encroached upon. I thank the previous order, the hour of 12 mittee and this body routinely confirm the Chair and yield the floor. o’clock having arrived, pursuant to judicial nominees who were the equiva- The PRESIDING OFFICER. The ma- rule XXII, the Chair lays before the lents of those who have been filibus- jority leader. Senate the pending cloture motion, tered here. These nominees have every Mr. FRIST. Mr. President, in a few which the clerk will report. bit the qualification of circuit judges moments, we will vote to conclude de- The legislative clerk read as follows: who have been confirmed in the past. bate on the nomination of Judge Pris- CLOTURE MOTION Priscilla Owen, who is the specific cilla Owen to the Fifth Circuit Court of We the undersigned Senators, in accord- nominee in question, would have been Appeals. It has been over 4 years since ance with the provisions of rule XXII of the confirmed as a matter of routine had the Senate began consideration of Jus- Standing Rules of the Senate, do hereby she not been caught up in this partisan tice Owen for this position, and the move to bring to a close debate on Executive battle. She has an extraordinary aca- Senate over that time has thoroughly Calendar No. 71, the nomination of Priscilla Owen, of Texas, to be United States Circuit demic record. She was cum laude from and exhaustively investigated, looked Baylor both for an undergraduate de- Judge for the Fifth Circuit. at, examined, and debated Judge Bill Frist, Arlen Specter, Trent Lott, gree and a law degree, scored the high- Owen’s nomination. Lamar Alexander, Jon Kyl, Jim Talent, est on the Texas bar exam, worked 17 She has endured 9 hours of com- Wayne Allard, Richard G. Lugar, John years with a very prestigious law firm mittee hearings, more than 500 ques- Ensign, C.S. Bond, Norm Coleman, in Texas, served 11 years on the Texas tions, and 22 days—it is interesting, 22 Saxby Chambliss, James Inhofe, Mel State Supreme Court, earned well- days. That is more than all sitting Su- Martinez, Jim DeMint, George Allen, Kay Bailey Hutchison, John Cornyn. qualified ratings from the American preme Court Justices combined have Bar Association, and is personally had on the floor of the Senate—all sit- The PRESIDING OFFICER. By unan- known to President Bush, who speaks ting Supreme Court Justices combined. imous consent, the mandatory quorum of her in the most complimentary We have had Priscilla Owen’s nomina- call has been waived. terms. tion debated on this floor for more The question is, Is it the sense of the The senior Senator from Texas, KAY days. There has been more than 100 Senate that debate on the nomination BAILEY HUTCHISON, has been a personal hours of floor debate. Now finally, after of Priscilla Richman Owen, of Texas, to friend for years and knows her inti- more than 4 years of waiting, Judge be United States Circuit Judge for the mately. She speaks of her glowingly. Owen will receive a fair up-or-down Fifth Circuit Court of Appeals, shall be She shepherded her to many private vote on the floor of the Senate. brought to a close? Under the rule, the meetings with Senators. I spoke with As her critics now appear to be con- yeas and nays are mandatory. The Justice Owen at some length and was cede, Judge Owen is a mainstream can- clerk will call the roll. very much impressed with her on the didate, who is thoughtful, who is dig- Mr. LEVIN. Parliamentary inquiry. academic level, on the professional nified, and imminently qualified. Her The PRESIDING OFFICER. The Sen- level, and on the personal level. academic and professional qualifica- ator from Michigan. Our colleague on the Judiciary Com- tions are outstanding. The American Mr. LEVIN. Under the rules and mittee, Senator JOHN CORNYN, served Bar Association unanimously—unani- precedents of the Senate, how many with her on the Texas Supreme Court mously—rated her as well qualified, its votes are required to invoke cloture and, again, spoke of her in outstanding highest possible rating. She was re- and end debate on the pending nomina- terms. tion? I have spoken at length about Justice elected to the Texas Supreme Court with 84 percent of the vote. She is sup- The PRESIDING OFFICER. Three- Owen in the past, and I would simply fifths of the Senators duly chosen and incorporate by reference the comments ported by Republicans and Democrats on the Texas Supreme Court. She has sworn. which I made which appear in the CON- been endorsed by every major news- The clerk will call the roll. GRESSIONAL RECORD for May 18 of this Mr. LEVIN. Is there an answer to my year, where I cited a selection of cases paper in her State of Texas. Moreover, in the face of continuous, parliamentary inquiry? showing her judicial balance and show- The PRESIDING OFFICER. The ing her excellent record on the Texas sometimes vicious, attacks and distor- tions of her record in the nominations clerk will call the roll. Supreme Court. The assistant legislative clerk called Mr. President, we have been joined process, Judge Owen has shown ex- traordinary patience with this body. the roll. by, as I turn around, two distinguished Mr. DURKIN. I announce that the Senators—one a current Member of Despite 4 years of attacks on her integ- rity, Priscilla Owen has quietly, has Senator from Hawaii (Mr. INOUYE) is this body, Senator BILL FRIST, the necessarily absent. other a former Member of this body, patiently, has gracefully waited for an up-or-down vote. The PRESIDING OFFICER (Mr. Senator Alfonse D’Amato. I did not BURR). Are there any other Senators in Priscilla Owen has worked hard, recognize him at first because he was the Chamber desiring to vote? played by the rules, faithfully inter- not in his pink suit. The yeas and nays resulted—yeas 81, preted the law and gained the respect One day, in the back row, Alfonse nays 18, as follows: of her colleagues and constituents. We D’Amato appeared and sang E-I-E-I-O [Rollcall Vote No. 127 Ex.] in a pink suit. There was some com- cannot ask for more from a judicial YEAS—81 ment in the Chamber about how much nominee. It is time to close our debate. it improved his appearance. I did not It is time to give Justice Owen an up- Akaka Chambliss Enzi or-down vote on the floor of the Sen- Alexander Clinton Feinstein agree with this. Allard Coburn Frist I have a very short story. I had a ate. Allen Cochran Graham brother who was 10 years older than I. Today’s vote will allow that up-or- Baucus Coleman Grassley down vote. It will affirm each Sen- Bayh Collins Gregg One day he came down from the drug- Bennett Conrad Hagel store to the junkyard where I worked. ator’s right to weigh the facts and vote Bingaman Cornyn Harkin He said: Arlen, I was just at Russell his or her conscience up or down, yes Bond Craig Hatch Drug. Down there they were saying you or no, confirmed or rejected. It is as Brownback Crapo Hutchison Bunning DeMint Inhofe weren’t fit to eat with the pigs. But my simple as that. It is about principle. It Burns DeWine Isakson brother said: I stuck up for you, Arlen. is about fairness. It is about our con- Burr Dole Johnson I said you were. So when I see Alfonse stitutional duty to give advice and con- Byrd Domenici Kohl sent. Carper Durbin Kyl D’Amato on the Senate floor, I remem- Chafee Ensign Landrieu ber those good times. Mr. President, I yield the floor.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10929 Leahy Obama Snowe state, to calm the dangerous seas vice, but here it is. And by considering Lieberman Pryor Specter Lott Reid Stevens which, from time to time, threaten to that advice, it only stands to reason Lugar Roberts Sununu dash our Republic against rocky shoals that any President will be more as- Martinez Rockefeller Talent and jagged shores. sured that his nominees will enjoy a McCain Salazar Thomas The Senate proved it to be true again kinder reception in the Senate. McConnell Santorum Thune Mikulski Schumer Vitter yesterday, when 14 Members—from The agreement, which references the Murkowski Sessions Voinovich both sides of the aisle, Republicans and need for ‘‘advice and consent,’’ as con- Nelson (FL) Shelby Warner Democrats; 14 Members—of this re- tained in the Constitution, proves once Nelson (NE) Smith (OR) Wyden vered institution came together to again, as has been true for over 200 NAYS—18 avert the disaster referred to as the years, that our revered Constitution is Biden Dorgan Levin ‘‘nuclear option’’ or the ‘‘constitu- not simply a dry piece of parchment. It Boxer Feingold Lincoln tional option’’—these men and women is a living document. Cantwell Jeffords Murray of great courage. Yesterday’s agreement was a real-life Corzine Kennedy Reed illustration of how this historical docu- Dayton Kerry Sarbanes As William Gladstone said, in refer- Dodd Lautenberg Stabenow ring to the Senate of the United ment continues to be vital in our daily lives. It inspires, it teaches, and yester- NOT VOTING—1 States, the Senate is that remarkable body, the most remarkable day it helped the country and the Sen- Inouye of all the inventions of modern politics. ate avoid a serious catastrophe. The PRESIDING OFFICER. On this I thank all of those Republicans and Mr. President, for this reason and vote, the yeas are 81, the nays are 18. Democrats who worked together to others, I ask that at the end of my re- Three-fifths of the Senators duly cho- keep faith with the Framers and the marks the agreement reached by the 14 sen and sworn having voted in the af- Founding Fathers. We have kept the Senators be printed in the RECORD. The PRESIDING OFFICER. Without firmative, the motion is agreed to. faith with those whose collective vision objection, it is so ordered. f gave us this marvelous piece of work, (See exhibit 1.) RECESS the Constitution of the United States. Mr. BYRD. Mr. President, I do this so Thank God—thank God—that this that we in the Senate and the Presi- The PRESIDING OFFICER. Under work has been done and that it has the previous order, the hour of 12:30 dent may all have a way of easily revis- been preserved, that a catastrophe has iting the text of that agreement for fu- having arrived, the Senate will stand been averted. in recess until the hour of 2:15 p.m. ture reference. Article II, section 2, of the Constitu- On the heels of this agreement, I be- Thereupon, the Senate, at 12:30 p.m., tion gives to the President the power lieve that we should now move forward, recessed until 2:15 p.m. and reassem- to nominate, and ‘‘by and with the Ad- propelled by its positive energy, in a bled when called to order by the Pre- vice and Consent of the Senate,’’ to new direction. We should make every siding Officer (Mr. VOINOVICH). ‘‘appoint . . . Judges of the supreme effort to restore reason to the politi- The PRESIDING OFFICER. The Sen- Court, and all other Officers of the cally partisan fervor that has over- ator from Colorado. United States. . . .’’ taken our Senate, this city, and our Mr. SALAZAR. Mr. President, I sug- There are two parts to that phrase: country. We must stop arguing and gest the absence of a quorum. the ‘‘advice’’ on the one hand, and the start legislating. The PRESIDING OFFICER. The ‘‘consent’’ on the other, and both must Divisive political agendas are not clerk will call the roll. be present before any President can ap- America’s goals. The right course lies The assistant legislative clerk pro- point any nominee to the Supreme someplace in the middle. It is our job ceeded to call the roll. Court or any other Federal court. It is, to work as elected representatives of a Mr. BYRD. Mr. President, I ask unan- therefore, a shared responsibility be- reasonable people to do what is right, imous consent that the order for the tween the U.S. Senate and the Presi- regardless of threats from any of the quorum call be rescinded. dent of the United States. angry groups that seem dedicated to The PRESIDING OFFICER. Without By its agreement yesterday, the Sen- intimidation. The skeptics, the cynics, objection, it is so ordered. ate is keeping that construct alive, the doubters, the Pharisees, those who f this shared responsibility between the are intoxicated by the juice of sour NOMINATION OF PRISCILLA President of the United States, on the grapes did not prevail and must not RICHMAN OWEN TO BE UNITED one hand, and the Senate of the United prevail. The 14 Republican and Demo- STATES CIRCUIT JUDGE FOR States, on the other. cratic Senators rose above those who The agreement that was obtained THE FIFTH CIRCUIT—Continued do not wish to see accord but prefer yesterday by the cooperation between discord. The PRESIDING OFFICER. The Sen- and among the 14 Members of the Sen- Chaucer’s ‘‘Canterbury Tales’’—we ator from West Virginia. ate—representing Republicans and have all read Chaucer’s ‘‘Canterbury Mr. BYRD. Mr. President, I read from Democrats—it was that agreement Tales’’ in high school—contains ‘‘The the King James version of the Holy that reminds us of the words of our Pardoner’s Tale.’’ Bible, from the 22nd chapter of Prov- Constitution, by encouraging the The story tells about the journey by erbs, the 28th verse: President of the United States, on the the pilgrims to Canterbury, to the Remove not the ancient landmark, which one hand, to consult with the Senate of shrine of Canterbury. The scene took thy fathers have set. the United States, on the other. In place in Flanders, where once there sat Mr. President, in his second inau- other words, the Senate will be in on drinking in a tavern three young men gural address, Abraham Lincoln ob- the takeoff, meaning prior to sending who were much given to folly. As they served that: up his nominees for our consideration. sat, they heard a small bell clink be- With malice toward none; with charity for In recent times—and by that I mean fore a corpse that was being carried to all; with firmness in the right, as God give us under Presidents of both parties—there the grave. Whereupon, one of the three to see the right, let us strive on to finish the has not been all that much consulta- called to his knave and ordered him to work we are in; to bind up the nation’s tion by the President with the Senate. go and find out the name of the corpse wounds. . . . So here we are, in the Senate, offer- that was passing by. Mr. President, I have always believed ing the hand of partnership to the The boy answered that he already that the Senate, by its nature, attracts Chief Executive and saying: Consult knew and that it was an old comrade of and probably also creates men and with us. That is what the Framers in- the roisterers who had been slain, women of the quality and character tended, that the President of the while drunk, by an unseen thief called who are able to step up when faced United States should consult with the ‘‘Death,’’ who had slain others in re- with crises that threaten the ship of Senate. You don’t have to take our ad- cent days.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10930 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 And so out into the road the three the two older villains did as they had Mr. President, it is easy to tear young ruffians went in search of this planned. One threw his arm, as if in down, but it takes a long time to build. monster called Death. They came upon jest, around the shoulders of the third, We have been 217 years in building this an old man and seized him, and with and both buried their daggers in him. Senate, making it what it was intended rough language they demanded that he He fell dead on the pile of gold. The to be by the Framers who wrote it 219 tell them where they could find this other two villains then sat down, broke years ago, who established three equal cowardly adversary who was taking the the bread, cut the cheese, and opened coordinate branches of Government, lives of their good friends around the the two bottles of wine. Each took a who established a separation of powers, countryside. good, deep swallow, and then, suffering who established checks and balances in The old man pointed to a great oak a most excruciating pain, both fell this Constitution of the United States. tree on a nearby knoll, saying, ‘‘There, dead upon the pile of gold and upon the The work of those Framers and the under that tree you will find Death,’’ body of the third. So there they were work of the larger group of Founders that monster. In a drunken rage, the across the pile of gold, all three of took 219 years. It was about to be de- three roisterers set off in a run until them dead. stroyed in a single day, this day. But they came to the tree, and there they Their avarice, their greed for gain, thank God 14 Senators from both sides found a pile of gold—eight basketfuls their love of material things had de- of the aisle met and rose above par- of florins, newly minted, round, gold stroyed them. There is a lesson here in tisan politics and kept the faith with coins. Forgotten was the monster Chaucer’s Tales, as given to us by ‘‘The the Framers and with the Founders so called Death, as the three pondered Pardoner.’’ The strong temptation for that our posterity might enjoy the their good fortune. And they decided political partisanship that has pre- blessings of liberty, the blessings of that they should remain with the gold vailed in the Senate can tear this Sen- freedom of speech, the roots of which go all the way back to the reign of until nightfall, when they would divide ate apart and can tear the Nation apart Henry IV, who reigned from 1399 to 1413 it among themselves and take it to and confront all of us with destruction, and who in 1407 proclaimed that the their respective homes. It would be un- so that in the end we three—the Presi- members of Parliament—the House of safe, they reasoned, to attempt to do so dent, the Senate, and the people—will Lords and the House of Commons— in broad daylight, as they might be all be destroyed, as it were. fallen upon by thieves who would take could speak freely and without fear. So we almost saw that happen here And those words were written into their treasure from them. on the Senate floor—until yesterday, the Declaration of Rights, which dec- It was proposed that the three draw when that catastrophe, looming as it straws, and the person who drew the laration was submitted to William III was before the Senate, was averted. I of Orange and Mary, a Declaration of shortest straw would go into the near- applaud the fact that the center, the by village and purchase some bread and Rights which included freedom of anchor, held, and we stood together for speech in Parliament. That declaration wine and cheese, which they could then the good of the country against mean- was presented on February 13, 1689, to enjoy as they whiled away the daylight spirited, shallow, political ends. William III and Mary. They both ac- hours. So off toward the village the Mr. President, I implore all of us to cepted it and were then proclaimed by young man who drew the shortest endeavor to lift our eyes to the higher the House of Commons joint sovereigns straw went. When he was out of sight, things. We can perform some much of the nation. the remaining two decided that there needed healing on the body politic. If Then, on December 18, 1689, those was no good reason why this fortune, we can come together in a dignified words were included in a statute, the this pile of gold, should be divided way to orderly and expeditiously move English Bill of Rights—freedom of among three individuals. So one of forward on these nominations, perhaps speech, the roots going back a long them said to the other, ‘‘When he re- we can yet salvage a bit of respect and way. That freedom of speech then was turns, you throw your arm around him trust from the American people for all provided to those of us in the Senate, as if in good sport, as in jest, and I will of us, for the Senate, and for our insti- provided by the Constitution, and since rive him with my dagger, and with tutions of free government. 1806, when the provision for the pre- your dagger, you can do the same. We have a duty, at this critical time, vious question was discarded upon the Then all of this gold will be divided not to rise above politics as usual, in which recommendation of Vice President among three of us but just between two we savage one another, and in so doing, Aaron Burr, since 1806 that provision of us—you and me.’’ destroy ourselves, like the three vil- for the previous question or the sudden Meanwhile, while the two were plan- lains in ‘‘The Pardoner’s Tale.’’ cutting off debate was discarded. Since ning the demise of the third, the Let us put the Nation first. The 1806, until the year 1917, the year in youngest rogue, as he made his way American people want us to do that. In which I was born during the adminis- into the town, thought to himself what the long run, that is how we will be tration of Woodrow Wilson, that free- a shame it would be that the gold judged and, more importantly, it is dom of speech has prevailed in the Sen- would be divided among three, when it how the Senate will be judged. ate, and it has lived since then except just as well could be so easily belong It is easy to tear down; it is difficult for unanimous consent agreements and only to the ownership of one, himself. to build. the cloture provision which was first Therefore, in town the young man went I saw them tearing a building down, agreed to in 1917, the cloture provision directly to an apothecary and asked to A group of men in a busy town. shutting off debate under the rules of be sold some poison for the large rats With a ‘‘Ho, Heave, Ho and a lusty yell, the Senate. and a polecat that had been killing his They swung a beam and the sidewall fell. Freedom of speech has reigned in this chickens. The apothecary—the phar- I said to the foreman, ‘‘Are these men body, and it still lives, thanks again to macist—quickly provided some poison, skilled? the 14 Republicans and Democrats who saying that as much as equaled only a The type you would hire if you had to build.’’ rose above politics yesterday and came tiny grain of wheat would result imme- He laughed, and then he said, ‘‘No indeed, forward with this accord. diately in sudden death for the crea- Just common labor is all I need; So, Mr. President, let us be true to ture that drank the mixture. I can easily erect in a day or two, the faith of our fathers and to the ex- Having purchased the poison, the That which takes builders years to do.’’ pectation of those who founded this Re- young villain crossed the street to a I said to myself as I walked away, public. The coming days will test us winery, where he purchased three bot- ‘‘Which of these roles am I trying to play? again and again, but let us go forward tles—two for his friends, one for him- Am I a builder who works with care, Building my life by the rule and square? together hoping that in the end, the self. After he left the village, he sat Am I shaping my deeds by well-laid plan, Senate will be perceived as having down, opened two bottles of wine and Patiently building the best I can? stood the test, and may we, both Re- deposited an equal portion in each, and Or am I a wrecker who walks the town publicans and Democrats and Independ- then returned to the oak tree, where Content with the labor of tearing down.’’ ents, when our work is done, be judged

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10931 by the American people and by the members of the Senate, both Democratic and mobile training team to Kuwait and pages of history as having done our Republican, prior to submitting a judicial Saudi Arabia to train the ‘‘lost boys,’’ duty and as having done it well. nomination to the Senate for consideration. newly appointed Civil Affairs and Psy- Such a return to the early practices of our Our supreme duty is not to any par- government may well serve to reduce the chological Operations officers already ticular person, not to any particular rancor that unfortunately accompanies the deployed to the Persian Gulf. President, not to any political party, advice and consent process in the Senate. The newly trained officers performed but to the Constitution, to the people We firmly believe this agreement is con- superbly during operations and 3rd of the Nation, and to the future of this sistent with the traditions of the United Battalion won the Army Superior Unit Republic. It is in that spirit that we States Senate that we as Senators seek to Award, largely due to the efforts and may do well to remember the words of uphold. foresight of Colonel Howard. E. Benjamin Nelson, Mike DeWine, Joe Benjamin Hill, a great Senator, a great Lieberman, Susan Collins, Mark Pryor, As a newly commissioned officer, a orator from the State of Georgia, his Lindsey Graham, Lincoln Chafee, John much younger officer, Colonel Howard words being inscribed on a statue in McCain, John Warner, Robert C. Byrd, served as ‘‘A’’ team commander in the Atlanta, GA, as they are and as they Mary Landrieu, Olympia Snowe, Ken 7th Special Forces Group from 1970 to appear today upon that monument: Salazar, and Daniel Inouye. 1972. Who saves his country saves himself, saves The PRESIDING OFFICER (Mr. COR- He left the Active component and all things, and all things saved do bless him. NYN). The clerk will call the roll. served in the U.S. Army Reserve from Who let’s his country die dies himself igno- The bill clerk proceeded to call the 1972 to 1980. During this period, he bly, and all things dying curse him. roll. served as an overseas manager, Amer- Remember that ancient proverb: Re- Mr. REED. Mr. President, I ask unan- ican International Underwriters Mel- move not the ancient landmark, which imous consent that the order for the bourne, Australia, and China tour man- thy fathers have set. quorum call be rescinded. ager and Canadian Pacific Airlines. I yield the floor. I suggest the ab- The PRESIDING OFFICER (Mr. MAR- He was recalled to active duty in 1980 sence of a quorum. TINEZ). Without objection, it is so or- and served initially in Korea as an in- EXHIBIT 1 dered. fantry company commander. Subse- Mr. REED. Mr. President, I ask unan- MEMORANDUM OF UNDERSTANDING ON JUDICIAL quent assignments included classified NOMINATIONS imous consent to speak as in morning project officer, U.S. Army 1st Special We respect the diligent, conscientious ef- business. Operations Command at Fort Bragg, forts, to date, rendered to the Senate by Ma- The PRESIDING OFFICER. Without and operations officer and company jority Leader Frist and Democratic Leader objection, it is so ordered. commander 1st Battalion, 1st Special Mr. REED. Mr. President, I also ask Reid. This memorandum confirms an under- Forces Group in Okinawa, Japan. unanimous consent that the time I standing among the signatories, based upon Colonel Howard earned a bachelor of consume come out of my time mutual trust and confidence, related to science degree in industrial manage- pending and future judicial nominations in postcloture. the 109th Congress. The PRESIDING OFFICER. Without ment from San Jose State University, This memorandum is in two parts. Part I objection, it is so ordered. bachelor of arts degree in Asian studies relates to the currently pending judicial from the University of Maryland, a RETIREMENT OF COLONEL RUSS HOWARD, nominations; Part II relates to subsequent UNITED STATES ARMY master of arts degree in international individual nominations to be made by the management from the Monterey Insti- President and to be acted upon by the Sen- Mr. REED. Mr. President, I rise today to recognize the accomplish- tute of International Studies, and a ate’s Judiciary Committee. masters of public administration de- We have agreed to the following: ments of Colonel Russ Howard, head of the department of social sciences and gree from Harvard University. PART I: COMMITMENTS ON PENDING JUDICIAL Colonel Howard was an assistant pro- NOMINATIONS director of the Combating Terrorism fessor of social sciences at the U.S. A. Votes for Certain Nominees. We will Center at West Point. Colonel Howard vote to invoke cloture on the following judi- is retiring June 3, 2005, after 37 years of Military Academy and a senior service cial nominees: Janice Rogers Brown (D.C. Active and Reserve military service. college fellow at the Fletcher School of Circuit), William Pryor (11th Circuit), and In his previous position, he was the Law and Diplomacy, Tufts University. Priscilla Owen (5th Circuit). deputy department head of the depart- During his extraordinary career of B. Status of Other Nominees. Signatories ment of social sciences. Prior to that, public service, Colonel Russ Howard make no commitment to vote for or against Colonel Howard was an Army chief of was a dedicated leader, enlightened vi- cloture on the following judicial nominees: staff fellow at the Center for Inter- sionary, effective operator, and exem- William Myers (9th Circuit) and Henry Saad plary role model for cadets, soldiers, (6th Circuit). national Affairs at Harvard University. Formerly, Colonel Howard was the and civilians. PART II: COMMITMENTS FOR FUTURE For the past 7 years, he made enor- NOMINATIONS commander of the 1st Special Forces Group (Airborne) at Fort Lewis, WA. mous contributions to the U.S. Mili- A. Future Nominations. Signatories will tary Academy, its graduates, and to exercise their responsibilities under the Ad- Other recent assignments include as- vice and Consent Clause of the United States sistant to the Special Representative the Nation through his relentless pur- Constitution in good faith. Nominees should to the Secretary General during suits of excellence in the department of only be filibustered under extraordinary cir- UNOSOM II in Somalia, deputy chief of social sciences and his advancement of cumstances, and each signatory must use his staff for I Corps, and chief of staff and education, research, and policy devel- or her own discretion and judgment in deter- deputy commander for the Combined opment in the global war on terror. mining whether such circumstances exist. Joint Task force, Haiti/Haitian Advi- He was the right person at the right B. Rules Changes. In light of the spirit and sory Group. He also served as the ad- time in exactly the right job as the continuing commitments made in this agree- Academy and the Nation responded to ment, we commit to oppose the rules ministrative assistant to ADM changes in the 109th Congress, which we un- Stansfield Turner and as a special as- the events of 9/11 and the global war on derstand to be any amendment to or inter- sistant to the commander of terror. Building on his extraordinary pretation of the Rules of the Senate that SOUTHCOM. skills as a researcher and educator, he would force a vote on a judicial nomination When Colonel Howard was com- knew the intellectual response to the by means other than unanimous consent or mander of 3rd Battalion, 1st Special war on terror would have to be as sig- Rule XXII. Warfare Training Group (Airborne) at nificant as the operational response We believe that, under Article II, Section Fort Bragg, NC, he developed the cur- and set a course for the department 2, of the United States Constitution, the and the Academy to lead this response. word ‘‘Advice’’ speaks to consultation be- riculum for the first ever graduate de- tween the Senate and the President with re- gree program for the Civil Affairs and Building on an exceptional experi- gard to the use of the President’s power to Psychological Operations officers. ence as a Special Forces officer who make nominations. We encourage the Execu- Prior to Operation Desert Shield/ commanded at every level from team tive branch of government to consult with Desert Storm, Colonel Howard took a leader to Special Forces Group, he was

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10932 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 able to integrate the intellectual issues We have at times in the past in the I want to find cures, also—cures for of understanding terrorism with the United States researched on other people with cancer, Alzheimer’s dis- practical issues of countering ter- human beings. Whenever we have done ease, Parkinson’s disease, spinal cord rorism and include them in the cur- so, at the moment in time when it was injuries, or juvenile diabetes—and I riculum, and eventually led to the es- done, people did it on the basis that we have been working on that. The thing tablishment of the Combating Ter- need to know, or we need to be able to is, we have a route to find these cures rorism Center at West Point. conduct this research, or this research that is ethical and moral. He inspired support from the acad- will provide a cure for something. Yet The House is also considering a cord emy leadership, from General-retired in every instance—either in this coun- blood bill from Congressman SMITH Wayne Downing, Mr. Vinnie Viola, Mr. try or others—when it has been done today, and there are also adult stem Ross Perot, and many others, so that and the society at large has allowed it, cells. We have had this discussion be- the U.S. Military Academy has become we have always, always regretted it fore, but I think people hear ‘‘stem the international leader in under- later. It has always been wrong for one cells,’’ and they say: I am for it. We graduate terrorism education and re- group of humans who are in a more need to be clear that there are different search. powerful position to research on some- types of stem cells: There are cord Simultaneously, Colonel Howard en- body in a lesser position. That has al- blood stem cells in the umbilical cord, hanced all aspects of the academy and ways been true, and it remains true there are embryonic stem cells, where the Department of Social Sciences by today. We should not use taxpayer dol- you have to destroy the embryo itself supporting a robust teaching program. lars to fund research on the youngest to get the stem cells, and there are He taught more than 15 different of human lives. It is wrong, it is not adult stem cells in my body and yours courses, created 4 new ones, published 3 necessary, and it should be stopped. and anybody watching. These adult books and 15 articles, and encouraged I am pleased that the President has stem cells are a kind of repair cell that and cultivated resources for other fac- promised to veto this legislation. How- goes around the body fixing different ulty to follow his example. ever, I also intend to not let this piece parts of the body. We have been able to His support for faculty and cadet de- of legislation make it forward, to move take adult stem cells out and grow velopment through the scholarship, de- to the President’s desk. If others them outside the body to the point bate, model U.N., domestic affairs choose to bring this destruction of that, today, over 58 different human forum, finance forum, sports, and a human life—taxpayer-funded destruc- diseases are being treated in human pa- myriad of other activities was excep- tion of human life—in front of this tients. There are published clinical tional. Most importantly, he is a trust- body, I intend that we are going to talk studies using adult stem cells—the ed, caring, concerned, and dedicated about it for a long time and address a stem cells from one’s own body. leader who evokes the best from every- whole series of issues, whether it be A Parkinson’s disease patient, treat- body with whom he comes in contact. It has been my privilege to know human cloning, which is associated ed with his own adult stem cells, con- Colonel Howard for many years, to re- with this human destructive legisla- tinues to exhibit relief of 80 percent of spect him as a soldier and a scholar, tion, or the creation of human-animal his symptoms more than 6 years after and to at this moment congratulate crosses for research purposes. We are the surgery. I had the man come in him on a career of exceptional service going to spend a lot of time discussing himself, who was treated with his own to the Army and to the Nation. As he this because young human lives are at adult stem cells taken from the base of parts for other venues and other re- stake. I will not sit idly by and acqui- his nose, grown outside the body, put sponsibilities, I wish him well. esce in their tragic destruction. in the left-hand side of his brain, with I yield back my time, and I suggest If this human destructive legislation, a substantial improvement on the the absence of a quorum. or a Senate counterpart, comes before right-hand side of his body. That is The PRESIDING OFFICER. The this body, I will use all means available purely ethical research. It is working clerk will call the roll. to impede its progress. At the very and getting the job done. The assistant legislative clerk pro- least, we should have a lengthy debate Spinal cord injuries. Dr. Carlos ceeded to call the roll. on this issue before taking any action. Limas treated 34 patients in Portugal Mr. BROWNBACK. Mr. President, I The reason is that young human lives with their own adult stem cells. I had ask unanimous consent that the order are at stake. I believe the very nature two of them in to testify at a hearing for the quorum call be rescinded. of our culture—whether we will have a last year—one is a paraplegic and one The PRESIDING OFFICER. Without culture of life or not is at stake. Will is a quadriplegic—and they are walking objection, it is so ordered. we honor human life because it is sa- with the assistance of braces and their EMBRYONIC STEM CELL RESEARCH cred per se, or are we going to use it for own adult stem cells. Mr. BROWNBACK. Mr. President, I a research apparatus for the benefit of Also, umbilical cord blood cells were rise to speak about an issue that has others? We have always regretted that used to treat a South Korean woman been worked on in the country for when we have done it before. Today is who had been paralyzed for 19 years. some period of time. Soon, a House a similar type of discussion. She had not walked for 19 years, and vote will take place on embryonic stem Some are saying this doesn’t really she can now walk with braces. cell research. The issue that will soon look like a human life; it is so small, so What about juvenile diabetes? This be voted on in the House—and may microscopic in some cases, that some disease affects a lot of people. This is come before this body—is whether to say it really cannot be human life. Yet, one that has vexed a lot of people. We allow the taxpayer funding of destruc- according to the biological and sci- all want to find a cure for juvenile dia- tion of young human life. entific definition, this is young human betes. This legislation being considered in life. If allowed to be nurtured, it be- Dr. Denise Faustman at Harvard is a the House of Representatives would comes you, me, or anybody watching. leading diabetes researcher. She has take young human embryos, would pro- Life has to be nurtured at all stages. It completely reversed end-stage juvenile vide taxpayer dollars to destroy these is no different biologically at that diabetes in mice and has FDA approval embryos and conduct research on the stage versus at a later stage. It has the to begin human clinical trials using stem cells derived from them. I believe same biological components, or ‘‘soft- adult stem cell therapy. we all have a duty to protect innocent ware,’’ if you will, or DNA structure. It My point in mentioning these 3 of the life. We have a duty and a responsi- needs to be nurtured, and it matures 58 different areas is that we have an bility to look out for the downtrodden, into an adult human. If we are going to ethical answer. We have an answer that those who do not have a voice. These proceed on this, I think we are really does not involve the destruction of are the youngest of human lives; they hurting ourselves as a society. human life, and it is right before us. should be protected, and they should I also point out that some people are We can do it. We can fund it, and we not be researched on. saying we need to do this to find cures. can move forward with it. We do not

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10933 have to destroy young human life to do medical care. There is now $19 million avail- stage of basic science, and has never yielded this, and it is wrong if we do. able to implement the Cord Blood Cell Bank a therapeutic application in humans. It is There is going to be a big discussion. program; the Administration will work with too early to say if a treatment or a cure will We are going to have a lot of debate the Congress to evaluate future spending re- develop from embryonic stem cell research. quirements for these activities. The bill is The Administration believes that the about this issue on the floor or in com- also consistent with the recommendation availability of alternative sources of stem mittee or other places if people decide from the National Academy of Science to cells further counters the case for compel- to move this legislation forward. This create a National Cord Blood Stem Cell ling the American taxpayer to encourage the is not about banning human embryonic Bank program. ongoing destruction of human embryos for stem cell research. This is about tax- The Administration also applauds the bill’s research. Researchers are continually ex- payer funding of human embryonic effort to facilitate research into the poten- ploring alternative ways to derive pluripotent stem cells. And alternative types stem cell research. Embryonic stem tial of cord-blood stem cells to advance re- generative medicine in an ethical way. Some of human stem cells—drawn from adults, cell research is legal. It is being con- research indicates that cord blood cells may children, and umbilical-cord blood without ducted in this country. It is being fund- have the ability to be differentiated into doing harm to the donors—have already ed by the Government of the United other cell types, in ways similar to embry- achieved therapeutic results in thousands of States on a limited set of lines. The onic stem cells, and so present similar poten- patients with dozens of different diseases. President had the discussion and put tial uses but without raising the ethical Moreover, private sector support and pub- forward the guidelines—a limited set of problems involved in the intentional de- lic funding by several States for this line of struction of human embryos. The Adminis- research, which will add up to several billion lines that were identified, on which a dollars in the coming few years, argues life-and-death decision had already tration encourages efforts to seek ethical ways to pursue stem cell research, and be- against any urgent need for an additional in- been made prior to funding. That re- lieves that—with the appropriate combina- fusion of Federal funds which, even if com- search continues and goes on today. tion of responsible policies and innovative pletely unrestricted, would not approach The House bill would expand that and scientific techniques—this field of research such figures. Whatever one’s view of the eth- say we can kill young human life today can advance without violating important ical issues or the state of the research, the for research on embryonic stem cells, ethical boundaries. HR 2520 is an important future of this field does not require a policy and we want to do it with taxpayer step in that direction. of Federal subsidies offensive to the moral principles of millions of Americans. funding. That is what I am saying I am STATEMENT OF ADMINISTRATION POLICY—May H.R. 810 advances the proposition that the opposed to is the taxpayer funding 24, 2005 Nation must choose between science and eth- where a life-and-death decision has not ics. The Administration, however, believes it H.R. 810—STEM CELL RESEARCH ENHANCEMENT is possible to advance scientific research been made, and we involve the destruc- ACT OF 2005 without violating ethical principles: both by tion of young human lives. The House (Rep. Castle (R) DE and 200 cosponsors) enacting the appropriate policy safeguards bill should not move forward. The Administration strongly opposes Mr. President, there are two state- and by pursuing the appropriate scientific House passage of H.R 810, which would re- techniques. HR 810 is seriously flawed legis- ments that the President has put for- quire Federal taxpayer dollars to be used to lation that would undo those safeguards and ward saying that he would veto such encourage the ongoing destruction of nas- provide a disincentive to pursuing those legislation if it comes forward. I ask cent human life. The bill would compel all techniques. unanimous consent to print these American taxpayers to pay for research that relies on the intentional destruction of Mr. BROWNBACK. Mr. President, we statements in the RECORD. will have much discussion of this issue There being no objection, the mate- human embryos for the derivation of stem cells, overturning the President’s policy that if it comes before this body. I am going rial was ordered to be printed in the supports research without promoting such to be working aggressively with a num- RECORD, as follows: ongoing destruction. If H.R 810 were pre- ber of individuals to see that we con- STATEMENT OF ADMINISTRATION POLICY—MAY sented to the President, he would veto the tinue this stem cell work in an ethical 24, 2005 bill. manner, but not where it involves the The President strongly supports medical H.R. 2520—STEM CELL THERAPEUTIC AND destruction of human life. RESEARCH ACT OF 2005 research, and worked with Congress to dra- matically increase resources for the Na- Mr. President, I yield the floor, and I (Rep. Smith (R) NJ and 78 cosponsors) tional Institutes of Health. However, this suggest the absence of a quorum. The Administration strongly supports bill would support and encourage a line of re- The PRESIDING OFFICER. The House passage of H.R. 2520, which would fa- search that requires the intentional destruc- clerk will call the roll. cilitate the use of umbilical-cord-blood stem tion of living human embryos for the deriva- The legislative clerk proceeded to cells in biomedical research and in the treat- tion of their cells. Destroying nascent call the roll. ment of disease. Cord-blood stem cells, col- human life for research raises serious ethical Mr. FEINGOLD. Mr. President, I ask lected from the placenta and umbilical cord problems, and many millions of Americans unanimous consent that the order for after birth without doing harm to mother or consider the practice immoral. the quorum call be rescinded. child, have been used in the treatment of The Administration believes that govern- The PRESIDING OFFICER. Without thousands of patients suffering from more ment has a duty to use the people’s money than 60 different diseases, including leu- objection, it is so ordered. responsibly, both supporting important pub- Mr. FEINGOLD. Mr. President, I kemia, Fanconi anemia, sickle cell disease, lic purposes and respecting moral bound- and thalassemia. Researchers also believe aries. Every year since 1995, Congress has on voted no on cloture, and I will vote no cord-blood stem cells may have the capacity a bipartisan basis upheld this balance by pro- on the nomination of Priscilla Owen to to be differentiated into other cell types, hibiting Federal funds for research in which be a judge on the U.S. Circuit Court of making them useful in the exploration of an embryo is destroyed. Consistent with this Appeals for the Fifth Circuit Court. I ethical stem cell therapies for regenerative provision, the President’s policy permits the would like to take a few minutes today medicine. funding of research using embryonic cell to explain my votes. I also would like H.R. 2520 would increase the publicly avail- lines created prior to August 9, 2001, along to make a few comments on the events able inventory of cord-blood stem cells by with stem cell research using other kinds of enabling the Department of Health and that led up to these votes. cell lines. Scientists can therefore explore I strongly oppose the threat of the Human Services (HHS) to contract with the potential application of such cells, but cord-blood banks to assist them in the col- the Federal government does not offer incen- nuclear option. I believe this was an il- lection and maintenance of 150,000 cord-blood tives or encouragement for the destruction legitimate tactic, a partisan abuse of stem cell units. This would make matched of nascent human life. power that was a threat to the Senate cells available to treat more than 90 percent H.R 810 seeks to replace that policy with as an institution and to the country. of patients in need. The bill would also link one that offers very little additional prac- Attempting to blackmail the minority all participating cord-blood banks to a tical support to the research, while using into giving up their rights that have search network operated under contract with Federal dollars to offer a prospective incen- been part of the Senate’s traditions HHS, allowing physicians to search for tive for the destruction of human embryos. matches for their patients quickly and effec- Moreover, H.R 810 relies on unsupported sci- and practices for centuries was a new tively in one place. The bill also would reau- entific assertions to promote morally trou- low for a majority that has repeatedly thorize a similar program already in place bling and socially controversial research. been willing to put party over prin- for aiding the use of adult bone marrow in Embryonic stem cell research is at an early ciple. Unfortunately, the blackmail

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10934 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 was partially successful. While I do ap- Another important consideration is Fifth Circuit. But, of course, that did plaud the efforts of the Senators who the ideological balance of the Fifth not happen. There was no effort to worked hard to broker an agreement, Circuit. The Fifth Circuit is comprised reach a real compromise to take into the end result is that three nominees of Texas, Louisiana, and Mississippi. account the concerns of all parties. who do not deserve lifetime appoint- The Fifth Circuit contains the highest A compromise at the point of a gun is ments to the judiciary will now be con- percentage of minority residents, over not a compromise. That, I’m afraid, is firmed. 40 percent of any circuit other than the what we had last night. The agreement reached by our col- DC Circuit. It is a court that, during With that background, let me outline leagues states that filibusters should the civil rights era, issued some of the the concerns that have caused me to be reserved for extraordinary cir- most significant decisions supporting reach the conclusion that Justice Owen cumstances. For me, that has always the rights of African-American citizens should not be confirmed. been the test. I think Democrats have to participate as full members of our Justice Owen has had a successful stuck to that standard in blocking just society. legal career. She graduated at the top 10—just 10—out of the 218 nominations As someone who believes strongly in of her class from Baylor University of President Bush that have been freedom, liberty, and equal justice Law School, worked as an associate brought to the floor. A number of very under law and the important role of and partner at the law firm of Andrews conservative and very controversial the Federal courts to defend these fun- and Kurth in Houston, and has served nominees have been confirmed by the damental American principles, I am es- on the Texas Supreme Court since Jan- Senate. Jeffrey Sutton, now a judge on pecially concerned about the makeup uary 1995. These are great accomplish- the Sixth Circuit, was confirmed by a of our circuit courts and their ap- ments. vote of 52 to 41. No filibuster was used proaches to civil rights issues. But Justice Owen’s record as a mem- there. Jay Bybee, the author of the in- Even after 8 years of a Democratic ber of the Texas Supreme Court leads famous torture memo, now sits on the President, the Fifth Circuit had twice me to conclude that she is not the Ninth Circuit. He was not filibustered. as many Republican appointees as right person for a position on the Fifth Michael McConnell, a very conserv- Democratic appointees. That is because Circuit. I am not convinced that Jus- ative and anti-choice law professor, during the last 6 years of the Clinton tice Owen will put aside her personal often mentioned as a possible Supreme administration, the Judiciary Com- views and ensure that all litigants be- Court nominee, was confirmed for the mittee did not report out a single judge fore her on the Fifth Circuit received a Tenth Circuit. He was not filibustered. to the Fifth Circuit Court of Appeals. fair hearing. Her decisions in cases in- Dennis Shedd was confirmed to the As we all know, that was not for a lack volving consumers’ rights, worker’s Fourth Circuit by a vote of 55 to 44. He of nominees to consider. President rights, and reproductive rights suggest could have been filibustered, but he that she would be unable to maintain was not filibustered. Clinton nominated three well-qualified The idea that the filibuster has been lawyers to the Fifth Circuit—Jorge an open mind and provide all litigants used over the past several years as a Rangel, Enrique Moreno, and Alston a fair and impartial hearing. tool to block all the nominees that the Johnson. None of these nominees even Justice Owen has a disturbing record minority opposed is ludicrous. There received a hearing before the com- of consistently siding against con- were, and there continue to be, very mittee. sumers or victims of personal injury good reasons to block a certain small Then-Chairman LEAHY held a hearing and in favor of business and insurance number of nominees. Nothing that oc- in July 2001 on the nomination of companies. When the Texas Supreme curred last night changed that one Judge Edith Brown Clement for a seat Court, which is a very conservative and iota. I will continue to vote against on the Fifth Circuit only a few months pro- business court, rules in favor of cloture only in extraordinary cir- after she was nominated and less than consumers or victims of personal in- cumstances. I did that when we voted 2 months after Democrats took control jury, Justice Owen frequently dissents. on cloture on the Owen nomination in of the Senate. It was the first hearing According to Texas Watch, during the 2003 and each subsequent time, and I in the Judiciary Committee for a Fifth period 1999 to 2002, Justice Owen dis- have done that again today. For the Circuit nominee since September 1994. sented almost 40 percent of the time in majority to have created this constitu- And Judge Clement, of course, was con- cases in which a consumer prevailed. tional crisis over what came down to firmed later in the year. But in cases where the consumer posi- five nominees was wrong, was an abuse The fact is, there is a history here tion did not succeed, Justice Owen of power. The American people did not and a special burden on President Bush never dissented. support it, and I do not think they will to consult with our side on nominees At her first hearing, Senator KEN- support it in the future. for this circuit; otherwise, we will be NEDY and then-Senator Edwards asked With respect to the Owen nomina- simply rewarding the obstructionism Justice Owen to cite cases in which she tion, there are a number of factors that that the President’s party engaged in dissented from the majority and sided I believe require us to give this nomi- over the last 6 years of the Clinton ad- in favor of consumers. Justice Owen nation very careful consideration. ministration by allowing him to fill, could cite only one case, Saenz v. Fi- First, we should consider that judges with his choices, seats that his party delity Guaranty Insurance Under- on our courts of appeal have an enor- held open for years, even when quali- writers. But Justice Owen’s opinion in mous influence on the law. Whereas, fied nominees were advanced by Presi- this case hardly took a pro-consumer decisions of the district courts are al- dent Clinton. position since it still would have de- ways subject to appellate review, the I say, once again, my colleagues on prived the plaintiff of the entire jury decisions of the courts of appeals are the Republican side bear some respon- verdict. She did not join Justice only subject to discretionary review by sibility for this situation. There was a Spector’s dissent, which would have the Supreme Court. The decisions of time when I thought they might help upheld the jury verdict in favor of Ms. the courts of appeal are, in almost all resolve it by urging the administration Saenz. cases, final, as the Supreme Court to address the Senate’s failure to take Also during that first hearing, Sen- agrees to hear only a very small per- up Clinton nominees. This entire con- ators FEINSTEIN and DURBIN questioned centage of the cases on which its views troversy over judges that has come to Justice Owen about Provident Amer- are sought. That means that the scru- a head over the last several weeks ican Ins. Co. v. Castaneda. In that case, tiny we give to circuit court nominees could have been avoided if our Repub- the plaintiff sought damages against a must be greater than that we give to lican colleagues had convinced the health insurer for denying health care district court nominees. And then, of President to renominate even a few of benefits, after the insurer had already course, the scrutiny we give to Su- those Clinton nominees who never re- provided pre-operative approval for the preme Court nominees will even be ceived a hearing or vote in the com- surgery. Justice Owen, writing for the greater. mittee, including nominees to the majority, reversed the jury’s verdict in

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10935 favor of the plaintiff and rejected the with the statute and obtain an abor- mistake in subsequent legislation. Let plaintiff’s claim that the health in- tion. us all remember that judicial appoint- surer violated the Texas Insurance I was also not satisfied with Justice ments are for life. Confirmations can- Code and the Deceptive Trade Prac- Owen’s responses to my questions not be taken back or fixed. A vote to tices Act. At the hearing, Justice Owen about bonuses to Texas Supreme Court confirm a nominee is final. A vote to defended her opinion by saying that law clerks. I asked her at the hearing reject that nominee should be final as she believed that the plaintiff was whether she saw any ethical concerns well. For the President to renominate seeking extra-contractual damages and with allowing law clerks to receive bo- a defeated nominee and the Senate to that the plaintiff had already received nuses from their prospective employers reconsider her simply because of the full coverage under the policy and stat- during their clerkships. I also explored change of a few seats in an election utory penalties. But, in the words of the topic further with her in followup cheapens the nomination process and her colleague, Justice Raul Gonzalez, written questions. Justice Owen stated the Senate’s constitutional role in that who wrote a dissent, Justice Owen’s repeatedly in her written responses to process. opinion ‘‘may very well eviscerate the my questions that she is not aware of I believe Justice Owen is bright and bad-faith tort as a viable case of action law clerks actually receiving bonuses accomplished, but I sincerely believe in Texas.’’ The cause of action for bad while they were employed by the court. that based on her judicial record, Jus- faith is designed to deter insurers from She reaffirmed that testimony in her tice Owen is not the right choice for engaging in bad faith practices like de- second hearing. This seems implausble this position. nying coverage in the first place. given the great amount of publicity Ms. CANTWELL. Mr. President, I dis- In addition, with respect to several given to Ian investigation pursued by cuss the nomination of Priscilla Owen decisions involving interpretation and the Travis County attorney of exactly to the Fifth Circuit Court of Appeals, application of the Texas parental noti- that practice and the well publicized and to briefly discuss the compromise fication law, I am deeply troubled by modifications to the Texas Supreme before us on the so-called nuclear op- Justice Owen’s apparently ignoring the Court’s rules that resulted from that tion. plain meaning of the statute and in- investigation and the accompanying I continue to oppose all three of the jecting her personal beliefs concerning controversy. nominees that will proceed to up-or- abortion that have no basis in Texas or Even more disturbing, Justice Owen down votes as the result of this com- U.S. Supreme Court law. In 2000, the took the position, both at the first promise, and I will be voting against Texas legislature enacted a parental hearing and in her responses to written cloture on Priscilla Owen as a result. notification law that allows a minor to questions, that because the Texas Su- But I do acknowledge the importance obtain an abortion without notifica- preme Court Code of Conduct requires of preserving the process of debating tion of her parents if she demonstrates law clerks to recuse themselves from judicial nominees. I do not feel that to a court that she has complied with matters involving their prospective the filibuster has been misused with re- one of three ‘‘judicial bypass’’ provi- employers, there really is no ethical gard to President Bush’s nominees, as sions: (1) that she is ‘‘mature and suffi- concern raised by law clerks accepting I’ll explain shortly, but I am impressed ciently well informed’’ to make the de- bonuses while employed with the court. at the efforts of my colleagues on both cision without notification to either of I disagree. It is not sufficient for law sides of the aisle to avoid the all-or- her parents; (2) that notification would clerks to recuse themselves from mat- nothing nuclear option vote that not be in her best interest; or (3) that ters involving their prospective em- threatened to cause us to break down notification may lead to her physical, ployers if they have received thousands as an institution. sexual, or emotional abuse. of dollars in bonuses while they are I also express my hope that the term During Justice Owen’s first confirma- working for the court. The appearance ‘‘extraordinary circumstances’’ that is tion hearing, Senator CANTWELL ques- of impropriety and unfairness that in this compromise is interpreted sen- tioned Justice Owen about her posi- such a situation creates is untenable. sibly. When extreme nominees threaten tions in cases interpreting this law, fo- As I understand it, the Federal courts the balance of our federal courts, I cusing on Justice Owen’s insistence in have long prohibited Federal law view those as extraordinary cir- In re Jane Doe. In that case, a teenager clerks both from receiving bonuses dur- cumstances. I will continue to vote to is required to consider ‘‘philosophic, ing their clerkships and from working block any nominee who is not suitable social, moral, and religious’’ argu- on cases involving their prospective for the bench, and it will continue to ments before seeking an abortion. In employers. I am pleased that the Texas be an unusual exception for me not to her opinion, Justice Owen cited the Su- Supreme Court finally recognized this support a nominee. My standard has preme Court’s decision in Planned Par- ethical problem and changed its code of been extraordinary circumstances all enthood of Southeastern Pennsylvania conduct for clerks. Justice Owen, in along. v. Casey to support her contention that contrast, seems intent on defending the As a former member of the Judiciary States can require minors to consider prior, indefensible, practice. Committee, I attended a hearing on religious views in their decision to Finally, I want to note the unusual Priscilla Owen that lasted a full day. have an abortion. But, as Senator nature of this particular nomination. During that hearing, Owen’s record CANTWELL noted, Casey in no way au- Unlike so many nominees during the showed a particular disregard for thorizes States to require minors to Clinton years, Justice Owen was con- precedent and the plain rule of law. consider religious arguments in their sidered in the Judiciary Committee Anyone who walks into a courtroom decision on whether to have an abor- under Senator LEAHY’s leadership in as a plaintiff or a defendant in this tion. Upon this further questioning, 2002. She had a hearing, and she had a country should do so having the full Justice Owen then said that she was re- vote. Her nomination was rejected. confidence that there is impartiality ferring to another Supreme Court case, This has been the first time in history on the part of the judge on the bench. H.L. v. Matheson, even though her that a circuit nominee who was for- They should have total confidence that opinion only cited Casey for this propo- mally rejected by the committee, or the rule of law will be followed, and be- sition. And even Matheson does not say the full Senate for that matter, has lieve the issues will be judged on their that minors can be required by State been renominated by the same Presi- merits rather than viewed through the law to consider religious arguments. It dent to the same position. I do not be- prism of an individual judge’s personal is my view that Justice Owen was lieve that defeated judicial nomina- values or beliefs. going beyond not only a plain reading tions should be reconsidered like legis- There is reason to be concerned of the Texas statute, but Supreme lation that is not enacted. After all, about the record of Priscilla Owen. Court case law, and inappropriately in- legislation can be revisited after it is Time after time, even her own Repub- jecting her own personal views to make enacted. If Congress makes a mistake lican colleagues, on a predominantly it more difficult for a minor to comply when it passes a law, it can fix that Republican Texas Supreme Court

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10936 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 bench, criticized her for failing to fol- passed a law requiring parental notifi- the presiding officer that certain ac- low precedent or interpreting statutes cation. But they also included a bypass tions of Senators are dilatory and can- in ways that ignore the clear intent of system for extreme cases. not preclude the Senate from voting on the law. Eleven out of 12 times Owen analyzed a judicial nomination. What some of Owen’s colleagues on whether a minor should be entitled to Here is what he said: ‘‘The so-called the bench have said about her opinions bypass the notice requirement, she nuclear option has been around for a I think is important. In a case dealing voted either to deny the bypass or to long time. It doesn’t take a genius to with a developer seeking to evade Aus- create greater obstacles to the bypass. figure that out.’’ He went on to explain tin’s clean water laws, her dissent was Owen wrote in dissent that she would that this constitutional option had called ‘‘nothing more than inflam- require a minor to demonstrate that been available since at least 1917, and matory rhetoric.’’ she had considered religious issues sur- he repeatedly emphasized that this tool In another case, her statutory inter- rounding the decision and that she had has been around ‘‘for a long time.’’ pretation was called ‘‘unworkable.’’ In received specific counseling from some- I appreciate this acknowledgment yet another case, the dissent she joined one other than a physician, her friend, from the Senator from West Virginia, was called ‘‘an unconscionable act of or her family. Requirements, I believe, because I know he has studied the his- judicial activism.’’ that go far beyond what the statute re- tory of the Senate, and I know he has There is another reason this nomina- quires. intimate familiarity with the workings tion is so important. This is critical to In interpreting the ‘‘best interest’’ of the Constitutional Option. There is all the nominees we are considering for arm of the statute, Owen held that a nothing new about the constitutional appointment to the Federal bench, and minor should be required to dem- option, as I discussed in my May 19 especially important for you here this onstrate that the abortion itself—not floor speech outlining the legal and morning. That is, what is the judicial avoiding notification—was in the indi- constitutional rationale for its exer- philosophy and commitment to uphold- vidual’s best interests. In this par- cise. The constitutional option is sim- ing current law as it relates to a citi- ticular case, I think she went far be- ply the Senate’s exercise of its power zen’s right to privacy. I asked Justice yond what the statue required. to define its own procedures—a power Owen at her hearing about her beliefs Where does that put us? Women in that comes directly from the Constitu- on the right to privacy. I asked her if this country rely on the right to tion and has been affirmed by the Su- she believed there was constitutional choose. It is an issue on which we have preme Court. (U.S. v. Ballin, 144 U.S. 1 right to privacy and where she found had 30 years of settled law and case (1892)) I appreciate that the Senator that right in the Constitution. precedent. In the Fifth Circuit, there has acknowledged its legitimacy. She declined at the time to answer are three States that continue to have The Senator from West Virginia also that question without the relevant unconstitutional laws on the books, argued, however, that past majority case information and precedents before and legislatures that are hostile to leaders have never used the constitu- her. When Senator FEINSTEIN followed that right to choose. The Federal tional option to ‘‘tamper’’ with ex- up with a similar question, Owen courts are the sole protector of wom- tended debate. As my May 19 state- against would not answer whether she en’s right to privacy in these states. I ment established, as did yesterday’s believes a right to privacy does exist do not believe that the rights of the statements by Senators MCCONNELL, within the Constitution. women of the Fifth Circuit can be HATCH, and BENNETT, that is not actu- The question of whether a nominee trusted to Justice Priscilla Owen. believes that the right to privacy ex- The Senate provides each of us with ally the case. ists with regard to the ability to make the procedural privilege to thoroughly The fact is that the Senator himself decisions about one’s own body is only discuss my concerns about this nomi- used the constitutional option four the tip of the privacy iceberg. I believe nee—the filibuster. The filibuster has times when serving as majority lead- that we are in an information age that been used against me on issues I care er—in one case to outright eliminate poses new challenges in protecting the deeply about, just as I have used this the filibuster for motions to proceed to right to privacy. We are facing difficult procedure when it was necessary to Executive Calendar nominations. issues including whether U.S. citizens protect the people of my state. This Moreover, in February 1979, he forced have been treated as enemy combat- body, in which I am so privileged to the minority to agree to a formal rules ants in a prison without access to serve, is more important than any one change after credibly threatening that counselor trial by jury, whether busi- of us, precisely because even one Sen- he would exercise the constitutional nesses have access to some of your ator can stand up for her state in the option. At that time, the Senator said most personal information, whether face of a powerful majority. on this floor, ‘‘if I have to be forced the Government has established a proc- This agreement, whatever else I into a corner to try for a majority ess for eavesdropping or tracking U.S. might think of it, preserves the rights vote, I will do it because I am going to citizens without probable cause, and in this body that make it unique and do my duty as I see my duty, whether whether the Government has the abil- that give it the most credibility. Each I win or lose.’’ ity to develop new software that might of us has to respect the views of the The Senate was nearly forced into a track the use of your own computer rest. When 40 of us stand together, the similar ‘‘corner’’ this week. Had Demo- and places where you might go on the other 60 must negotiate. That is crats not supported cloture on Priscilla Internet without your consent or healthy and that is what happened Owen today, then all Senators would knowledge. There are a variety of here. The rules of the Senate, and the have had to make a conclusive decision issues that are before us on an individ- existence of the Federal judiciary as to whether it should take 60 or 51 ual’s right to privacy and how that itself, pose proper checks on majority votes to confirm a judge. Instead, we right to privacy is going to be inter- and Presidential power. That is the are putting off that decision until an- preted. A clear understanding of a way it should stay. other day. nominee’s willingness to follow prece- Mr. KYL. Mr. President, I want to re- That may still come. And if it does dent on protecting privacy is a very spond to a statement that the Senior come, I hope that we hear no more talk important criterion for me, and it Senator from West Virginia made yes- of the ‘‘illegitimacy’’ of the constitu- should be a concern for all Members. terday. In his remarks, the Senator tional option. There is plenty to dis- Of course, some of my concern and conceded the legitimacy of the con- cuss as to whether exercising the op- skepticism about Justice Owen’s views stitutional option, what he called the tion is prudential in a particular case. on privacy results from the opinions ‘‘nuclear option,’’ as a way for the Sen- Some of the debate these past few days she wrote in a series of cases inter- ate to determine its practices and pro- has addressed that prudential question, preting the Texas law on parental noti- cedures. The option is, of course, the including some of the discussion from fication. In 2000 the State of Texas leader’s right to obtain a ruling from the Senator from West Virginia. But

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10937 there has also been talk about the con- A number of senators focused on Justice should ask themselves one simple question: stitutional option being a case of ‘‘law- Owen’s opinion in FM Properties Operating Co. Who would you trust to analyze and deter- lessness’’ or ‘‘breaking the rules to v. City of Austin. One senator specifically mine the quality of Justice Owen’s legal change the rules.’’ The constitutional criticized her for refusing to rule that a analysis in those cases? The author of the Texas water law ‘‘was an unconstitutional Texas law—who supports Owen? Her former option is a part of Senate history. In delegation of legislative authority.’’ Yet lib- colleagues on the court, including former Senator BYRD’s words, it ‘‘has been eral attorneys regularly criticize the non- Justices Alberto Gonzales and Greg Abbott, around for a long time.’’ delegation doctrine and claim that conserv- who support her? Now-Attorney General And it will always be with us. The atives wrongly use it to invalidate laws duly Alberto Gonzales, who has testified—under constitutional option is not, as the mi- enacted by the legislature. In fact, just last oath—that he supports Justice Owen and nority leader has repeatedly insisted, month one senator criticized another nomi- that, contrary to false reports, he never ac- ‘‘off the table.’’ It is simply unneces- nee, Bill Pryor, for championing the non- cused her of ‘‘judicial activism’’? The pro- sary at present. If it becomes necessary delegation doctrine. So Justice Owen’s crit- choice Democrat law professor appointed by again, we may be called on to live up to ics seem to argue that if you support the the Texas supreme court to set up proce- our responsibilities to the Constitution nondelegation doctrine, you are out of the dures under the statute—who supports Owen, mainstream, and that if you oppose the non- and who has written: ‘‘If this is activism, and to the Senate to ensure that we re- delegation doctrine, you are out of the main- then any judicial interpretation of a stat- store our traditions and guarantee up- stream. It reminds me of a country-western ute’s terms is judicial activism’’? Or do you or-down votes to all judicial nominees song: ‘‘Darned If I Don’t, Danged If I Do.’’ trust the liberal special-interest groups who who reach the Senate floor. One senator claimed that, in Read v. Scott sharply opposed the Texas law, and never Mr. CORNYN. Mr. President, at var- Fetzer Co., Justice Owen ruled that a woman wanted that law to be enacted in the first ious times during the course of debate raped by a vacuum-cleaner salesman could place? Or the groups who literally make a in recent days over the nomination of not sue the company that had employed him living destroying the reputation of this Justice Priscilla Owen, a number of her after failing to undertake a standard back- president’s nominees? previous rulings have been badly ground check—an allegation recently articu- The attacks on these rulings by Justice Owen reminded me of what Mark Twain once mischaracterized. Last Thursday, May lated in an op-ed in Roll Call. Yet as my let- ter to the editor noted, that allegation is said: ‘‘A lie can travel halfway around the 19, I rose to speak about a number of plainly false. As the opinion joined by Jus- world while the truth is still putting on its those cases and to correct the record. tice Owen noted, ‘‘[n]o one questions that shoes.’’ But let’s keep our eye on the ball. And just this morning, I published an [the company that had hired the rapist] is The American people know a controversial op-ed in National Review Online to fur- liable.’’ The justices simply disagreed on ruling when they see one—whether it’s the ther rebut these baseless criticisms. I whether another company—one that had not redefinition of marriage, or the expulsion of ask unanimous consent that an excerpt hired the rapist and had no relationship with the Pledge of Allegiance and other expres- of that op-ed be printed in the RECORD. the rapist—should also have been held liable. sions of faith from the public square—wheth- There being no objection, the mate- Justice Owen was also criticized for her er it’s the elimination of the three-strikes- rial was ordered to be printed in the ruling in Hyundai Motor Co. v. Alvarado. In and-you’re out law and other penalties that case, an automobile alleged to be defec- against convicted criminals, or the forced re- RECORD, as follows: tive had in fact fully satisfied the federal moval of military recruiters from college It is now conceded that Justice Owen, Jus- standard then in effect. The plaintiff chose campuses. Justice Owen’s rulings fall no- tice Brown, and Judge Pryor all deserve up- to sue anyway, despite federal law. Justice where near this category of cases. There is a or-down votes. I happen to know personally Owen simply held that Congress had forbid- world of difference between struggling to in- that the case against Justice Owen was espe- den such lawsuits once the federal standard terpret the ambiguous expressions of a legis- cially weak, because I know Priscilla person- had been met—a technical legal doctrine lature, and refusing to obey a legislature’s ally from our service together on the Texas known as federal preemption. For this, she directives altogether. supreme court. Just consider the following was sharply criticized. Yet her opinion sim- Thankfully, the Senate has now effectively litany of supposedly ‘‘out of the main- ply followed the ‘‘solid majority of the acknowledged this important distinction, by stream’’ rulings for which she was criticized: courts to consider this issue’’—including guaranteeing Justice Owen an up-or-down A number of senators criticized Justice precedents authored by judges appointed by vote after four long years. Owen’s opinion in Montgomery Independent President Jimmy Carter. Moreover, the U.S. School District v. Davis. One senator specifi- I yield the floor and I suggest the ab- Supreme Court later adopted Justice Owen’s cally attacked her for failing to protect a sence of a quorum. approach (Geier v. American Honda Motor Co., teacher who was ‘‘wrongly dismissed.’’ The The PRESIDING OFFICER. The Inc.), in an opinion authored by Clinton ap- case involved the authority of a local school pointee, and former Democrat chief counsel clerk will call the roll. board to dismiss a poorly performing and The legislative clerk proceeded to abusive teacher. The teacher had admitted of the Senate Judiciary Committee, Justice Stephen Breyer. call the roll. that she had referred to her students as ‘‘lit- Mr. INHOFE. Mr. President, I ask tle s***s.’’ When confronted, the teacher jus- Justice Owen was likewise criticized for tified the use of the expletive on the bizarre her rulings in Quantum Chemical Corp. v. unanimous consent that the order for ground that she used exactly the same lan- Toennies, a case involving a Texas civil- the quorum call be rescinded. guage when talking to her own children. The rights law expressly modeled after Title VII The PRESIDING OFFICER. Without teacher regularly insulted parents as well. of the federal Civil Rights Act of 1964, and objection, it is so ordered. The opinion joined by Justice Owen con- City of Garland v. Dallas Morning News, a Mr. INHOFE. What is the regular Texas open-government law modeled after cluded that the school board was authorized order? to dismiss this teacher. It noted that the ma- the federal Freedom of Information Act. Once again, all she did was follow precedents The PRESIDING OFFICER. The Sen- jority’s ruling ‘‘allows a state hearing exam- ate business is the nomination of Pris- iner to make policy decisions that the Legis- adopted by appointees of Presidents Carter lature intended local school boards to and Clinton. cilla Owen to be United States Circuit make,’’ and that the majority had ‘‘misinter- Justice Owen and I happened to disagree in Court Judge. preted the Education Code.’’ Weiner v. Wasson, a case involving a tech- Mr. INHOFE. I ask unanimous con- One senator attacked Justice Owen for her nical matter of applying a statute of limita- sent I be allowed to speak as in morn- opinion in Texas Farmers Insurance Co. v. tions to a medical malpractice suit. One sen- ing business for such time as I con- Murphy. In this case, Justice Owen simply ator argued that my opinion was ‘‘a lecture sume. to the dissent’’ about the importance of stare joined an opinion holding that neither an ar- The PRESIDING OFFICER. Without sonist nor his spouse should benefit from his decisis and following precedent. The argu- crime by recovering insurance proceeds. The ment is baseless. In fact, Justice Owen didn’t objection, it is so ordered. opinion followed two unanimous decisions of try to overturn precedent in that case; only GLOBAL WARMING the Fifth Circuit, the very court to which the defendant did. Moreover, Justice Owen’s Mr. INHOFE. Mr. President, over the Justice Owen has been nominated. ruling contained an equally emphatic ‘‘lec- past few weeks, I have debunked the Justice Owen was also criticized for a rul- ture’’ to the defendant about the importance notion of scientific consensus about ing she and I both joined in Peeler v. Hughes of following precedent. global warming. The claim there is & Luce and Darrell C. Jordan—in which we And of course, there were the now-famous simply held that an admitted criminal could cases involving the popular Texas parental- consensus rests on four fundamental not benefit from criminal activity by suing notification law—a parental-rights law that pillars. My previous talks made clear the criminal-defense attorney for mal- generally requires minors to notify one par- that the first three pillars are made of practice. ent before obtaining an abortion. Readers sand.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10938 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 It is not true, for example, that the Quoting from him: would cost the average family of four National Academy of Sciences believes While the models differ in their projections some $2,700 a year. So it is a very sig- the science of climate change is set- of some of the features of climate change, nificant thing. tled. In fact, the report is replete with they are all in agreement that the world will Now note, too, the distinction be- caveats, warning the reader of the warm significantly as a result of human ac- tween ‘‘project’’ and ‘‘predict.’’ The many uncertainties associated with tivities, and that the Arctic is likely to expe- alarmist writer noted earlier creates claims of global warming. Yet advo- rience noticeable warming, particularly the misimpression that a projection is early and intensely. cates continue to recite small excerpts more solid than a prediction. But a while ignoring the caution about un- Similarly, the IPCC, which I also dis- projection is the output of a model cal- certainties contained within the same cussed in the earlier talks, relied on culation. Put another way, it is only as paragraph or even the same science. such earlier models to project a long- good as the model’s equations and in- It is also not true that the second pil- term temperature increase ranging puts. As we will see later in this pres- lar, the U.N. science report known as from 2.5 to 10.4 degrees Celsius and as- entation, such inputs or assumptions the IPCC, proves a consensus. The flag- sorted and potentially dangerous cli- about the future can be extremely ship study on which the IPCC report mate changes over the next century. flawed, if not totally divorced from re- relies, known as the hockey stick, According to Dr. Kenneth Green, Dr. ality. And this, to be sure, is only one which shows an unprecedented rise in Tim Ball, and Dr. Steven Schroeder, of the many technical shortcomings 20th century temperatures, has been the politicians clearly do not realize that limit the scientific validity of cli- thoroughly discredited by scientists on that the major conclusions of the mate modeling. both sides of the debate. In fact, re- IPCC’s reports are not based on hard Unfortunately, rarely does any scru- cently, and since 1999, there hasn’t evidence and observation but, rather, tiny accompany model simulations. been anyone who has agreed there is largely upon the output of assumption- But based on what we know about the authenticity to the issue. In addition, driven climate models. physics of climate models, as well as the U.N. report relies on an explosive The alarmists cite the results of cli- the questionable assumptions built increase in emissions from poor coun- mate models as proof of the cata- into the models themselves, we should tries over the next century based on strophic warming hypotheses. Consider be very skeptical of their results. This the political decision by the report’s one alarmist’s description, who wrote is exactly the view of the National author that countries such as Algeria recently: Academy of Sciences. According to the will be as wealthy or wealthier than Drawing on highly sophisticated computer NAS: models, climate scientists can project, not the United States. Climate models are imperfect. Their sim- The third pillar, supposedly proving predict, how much temperatures may rise by say 2100 if we carry on with business as ulation skill is limited by uncertainties in that the science is settled that the Arc- usual. their formulation, the limited size of their tic is melting, is based on political calculations, and the difficulty of inter- science. Arctic temperatures are no He continues: preting their answers that exhibit as much warmer than they were in the 1930s. Although scenarios vary, some get pretty complexity as in nature. Similarly, the thickness of the Arctic severe, and so do the projected impacts of At this point, climate modeling is climate change, rising sea levels, species ex- still a very rudimentary science. As glaciers and the sea ice appears to vary tensions, glacier melting and so forth. naturally by as much as 16 percent an- Richard Kerr wrote in Science maga- nually. It sounds pretty scary, but the state- zine: ment is completely false. It sheds no These and other factors which the Climate forecasting, after all, is still in its alarmists find inconvenient would light on the likelihood or reliability of infancy. such projections. If, for example, a seem to indicate that projections of an Models, while helpful for scientists in Arctic climate catastrophe are specula- model shows a significant temperature increase over the next 50 years, how understanding the climate system, are tive, at best. far from perfect. According to cli- Today I conclude the series on the much confidence do we have in that projection? Attaching probabilities to matologist Gerald North of Texas A&M four pillars of climate alarmists by dis- University: cussing the problems associated with model results is extremely difficult and It’s extremely hard to tell whether the global climate models. rife with uncertainties. In the 2000 edition of ‘‘Nature,’’ four models have improved; the uncertainties are Let me begin by briefly explaining large. the climate models and how they func- climate modelers noted that: Or as climate modeler Peter Stone of tion. Climate models help scientists de- A basic problem with all such predictions the Massachusetts Institute of Tech- scribe changes in the climate system. to date has been the difficulty of providing nology put it: They are not models in the conven- any systematic estimate of uncertainty. tional sense; that is, they are not phys- This problem stems from the fact The major [climate prediction] uncertain- ties have not been reduced at all. ical replicas. Rather, they are mathe- that: matical representations of the physical These [climate] models do not necessarily Based on these uncertainties, cloud laws and processes that govern the span the full range of known climate system physicist Robert Charlson, professor Earth’s climate. According to Dr. behavior. emeritus at the University of Wash- David Legates of the University of According to the National Academy ington-Seattle, has concluded: Delaware, climate models ‘‘are de- of Sciences: To make it sound like we understand cli- signed to be descriptions of the full . . . without an understanding of the sources mate is not right. three-dimensional destruction of the and degree of uncertainty, decision-makers This is not to deny that climate mod- earth’s climate.’’ Dr. Legates claims could fail to define the best ways to deal eling has improved over the last three models are used ‘‘in a variety of appli- with the serious issue of global warming. decades. Indeed, scientists have con- cations, including the investigation of This fact should temper the enthu- structed models that more accurately the possible role of various climate siasm of those who support Kyoto-style reflect the real world. In the 1970s, forcing mechanisms and the simulation regulations that will harm the Amer- models were capable only of describing of past and future climates.’’ ican economy. the atmosphere, while over the last few Thousands of climate changes stud- Previously, we have talked about the years models can describe, albeit inad- ied rely on computer models. The Arc- harm to the economy and have referred equately, the atmosphere, land surface, tic Council, whose work I addressed to the Wharton Econometric Survey oceans, sea ice, and other variables. last week, stated that arctic warming which was conducted by the Wharton But greater complexity does not and the impact stemming from that School of Economics. It gets into a lot mean more accurate results. In fact, warming are firmly established by of detail as to what is going to happen. the more variables scientists incor- computer models. For example, to comply with Kyoto, it porate, the more uncertainties arise.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10939 Dr. Syukuro Manabe, who helped cre- than at the surface, creating the so- Another serious model limitation ate the first climate model that cou- called greenhouse ‘‘fingerprint.’’ But concerns the interaction of clouds and pled the atmosphere and oceans, has the National Research Council believes water vapor with the climate system. observed: real-world temperature observations Dr. Richard S. Lindzen, professor of Models that incorporate everything from tell a different story. meteorology at MIT, reports of ‘‘ter- dust to vegetation may look like the real In January of 2000, the NRC panel ex- rible errors about clouds in all the world, but the error range associated with amined the output from several cli- models.’’ He noted that these errors the addition of each new variable could re- mate models to assess how well they ‘‘make it impossible to predict the cli- sult in near total uncertainty. This would mimicked the observed surface and mate sensitivity because the sensi- represent a paradox: The more complex the lower atmospheric temperature trends. tivity of the models depends primarily models, the less we know. They found that: on water vapor and clouds. Moreover, if We are often reminded that the IPCC Although climate models indicate that clouds are wrong,’’ Dr. Lindzen said, used sophisticated modeling techniques changes in greenhouse gases and aerosols ‘‘there’s no way you can get water in projecting temperature increases for play a significant role in defining the vapor right. They’re both intimately the coming century. But as William vertical structure of the observed atmos- tied to each other.’’ O’Keefe and Jeff Kueter of the George phere, model-observation discrepancies indi- In fact, water vapor and clouds are C. Marshall Institute pointed out in a cate that the definitive model experiments the main absorbers of infrared radi- recent paper: have not been done. ation in the atmosphere. Even if all The complex models envisioned by the John Wallace, the panel chairman other greenhouse gases, including car- IPCC have many more than twenty inputs, and professor of atmospheric sciences bon dioxide, were to disappear, we and many of those inputs will be known with at the University of Washington, put it would still be left with over 98 percent much less than 90 percent confidence. more bluntly. He said: of the current greenhouse effect. But Also, tinkering with climate vari- There really is a difference between tem- according to Dr. Lindzen, ‘‘the way ables is a delicate business—getting peratures at the two levels that we don’t current models handle factors such as one variable wrong can greatly skew fully understand. clouds and water vapor is disturbingly model results. Dr. David Legates has More recently, researchers at the arbitrary. In many instances the un- noted that: University of Colorado, Colorado State derlying physics is simply not known.’’ Anything you do wrong in a climate model University, and the University of Ari- Dr. Lindzen notes that this is a sig- will adversely affect the simulation of every zona, examined the differences between nificant flaw, because ‘‘a small change other variable. real-world temperature observations in cloud cover can strongly affect the Take precipitation, for example. As with the results of four widely used cli- response to carbon dioxide.’’ He further Dr. Legates noted: mate models. They probed the fol- notes, ‘‘Current models all predict that Precipitation requires moisture in the at- lowing question: Do the differences warmer climates will be accompanied mosphere and a mechanism to cause it to stem from uncertainties in how green- by increasing humidity at all levels.’’ condense (causing the air to rise over moun- house gases and other variables affect Such behavior ‘‘is an artifact of the tains, by surface heating, as a result of the climate system or by chance model models since they have neither the weather fronts, or by cyclonic rotation). Any fluctuations; that is, the variability physics nor the numerical accuracy to errors in representing the atmospheric mois- caused by the model’s flawed represen- deal with water vapor.’’ ture content or precipitation-causing mecha- tation of the climate system? I think sometimes you have to look nisms will result in errors in the simulation As it turned out, neither of these fac- at the science and the contradictions, of precipitation. tors was to blame. According to the re- and even if we don’t thoroughly under- Dr. Legates concluded: searchers: stand what these people are saying, the Clearly, the interrelationships among the Significant errors in the simulation of fact is, they contradict each other. various components that comprise the cli- globally averaged tropospheric temperature Sometimes you have to go back and mate system make climate modeling dif- structure indicate likely errors in tropo- look at reality. If they say the increase ficult. spheric water-vapor content and therefore in the use of carbon dioxide and the The IPCC, in its Third Assessment total greenhouse-gas forcing, precipitable presence of it is the major thing caus- Report, noted this problem, and many water, and convectively forced large-scale ing anthropogenic gases and global others, with climate modeling, includ- circulation. warming temperatures, look at what ing—this is a quote from their report; Moreover, based on the ‘‘significant happened right after the war. After the the very basis that many of the alarm- errors of simulation,’’ the researchers war, they increased the use of CO2 by 85 ists are basing their decisions on: called for ‘‘extreme caution in applying percent. You would think that would Discrepancies between the vertical profile simulation results to future climate- precipitate a warmer period, but it of temperature change in the troposphere change assessment activities and to at- didn’t. It precipitated a cooling period. seen in observations and models. tributions studies. When you get back to the arguments Large uncertainties in estimates of inter- They also questioned ‘‘the predictive and discrepancies, they agree there are nal climate variability (also referred to as ability of recent generation model sim- problems. natural climate variability) from models and ulations, the most rigorous test of any Along with water vapor and clouds, observations. hypothesis.’’ aerosols, or particles from processes Considerable uncertainty in the recon- structions of solar and volcanic forcing There does not seem to be much wig- such as dust storms, forest fires, the which are based on limited observational gle room here: Climate models are use- use of fossil fuels, and volcanic erup- data for all but the last two decades. ful tools, but unable, in important re- tions, represent another major uncer- Large uncertainties in anthropogenic spects, to simulate the climate system, tainty in climate modeling. To be sure, forcings associated with the effects of undermining their ‘‘predictive ability.’’ there is limited knowledge of how aerosols. Based on this hard fact, let me bring aerosols influence the climate system. Large differences in the response of dif- you back to the alarmist writer I ref- This, said the National Academy of ferent models to the same forcing. erenced earlier. As he wrote recently: Sciences, represents ‘‘a large source of I want to delve a little deeper into Drawing on highly sophisticated computer uncertainty about future climate the first point concerning the discrep- models, climate scientists can project—not change.’’ ancies between temperature observa- predict—how much temperature may rise by, Further, the Strategic Plan of the tions in the troposphere and the sur- say, 2100, if we carry on with business as U.S. Climate Change Science Program, face. This discrepancy is very impor- usual. CCSP, which was reviewed and en- tant because it tends to undermine a Again, based on what I have just re- dorsed by the National Research Coun- key assumption supporting the warm- counted, this is disingenuous at best. I cil, concluded that the ‘‘poorly under- ing hypothesis—that more rapid warm- think a fairminded person would find it stood impact of aerosols on the forma- ing should occur in the troposphere horribly misleading and inaccurate. tion of both water droplets and ice

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10940 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 crystals in clouds also results in large scenarios that, to put it mildly, have Michael Mann, the guy who invented uncertainties in the ability to project little scientific merit. In 2003, sci- the hockey-stick theory, where he was climate changes.’’ entists with the Federal Climate measuring the Earth’s temperatures, Climate researcher and IPCC re- Change Science Program agreed that we come into the 20th century—and viewer Dr. Vincent Gray reached an potential environmental, economic, that is the blade on the hockey stick— even stronger conclusion, stating that and technological developments ‘‘are he intentionally left out the fact that ‘‘the effects of aerosols, and their un- unpredictable over the long time-scales between the years 700 A.D. and 1100 certainties, are such as to nullify com- relevant for climate research.’’ A.D., there is another blade on the pletely the reliability of any climate William O’Keefe and Jeff Keuter of hockey stick that went up the other models.’’ the George C. Marshall Institute reiter- way and temperatures were warmer Another issue affecting model reli- ated this point recently. As they wrote, than they are today. ability is the relative lack of available ‘‘The inputs needed to project climate If you read the Wharton Econo- climate data, something the National for the next 100 years, as is typically metrics Survey, you will realize what Research Council addressed in 2001. Ac- attempted, are unknowable. Human will happen to America if we were to cording to the NRC, ‘‘[a] major limita- emissions of greenhouse gases and sign on to this, the economic damage tion of these model forecasts for use aerosols will be determined by the we would have to sustain, the fact it around the world is the paucity of data rates of population and economic would double the cost of energy, double available to evaluate the ability of growth and technological change. Nei- the cost of gasoline to run our cars, coupled models to simulate important ther of these is predictable for more and it would cost the average Amer- aspects of past climate.’’ than a short period into the future.’’ ican family $2,700, and you have to ask There is plenty of evidence to sup- Put simply, computer model simula- the question: If the science is not real port this conclusion. Consider, for ex- tions cannot prove that greenhouse gas and it would inflict that much danger, ample, that most of the surface tem- emissions will cause catastrophic glob- what is the reason we are doing it? perature record covers less than 50 al warming. Again, here’s the National I think we can find the answer in years and only a few stations are as Academy of Sciences: ‘‘The fact that quoting from Margot Wallstrom. Mar- much as 100 years old. The only reli- the magnitude of the observed warming got Wallstrom is the European Union’s able data come from earth-orbiting is large in comparison to natural varia- Environment Commissioner. She states satellites that survey the entire atmos- bility as simulated in climate models that Kyoto is not about climate phere. Notably, while these tempera- is suggestive of such a linkage, but it change, it is ‘‘about leveling the play- ture measurements agree with those does not constitute proof of one be- ing field for big businesses worldwide.’’ One of your favorite people, I am taken by weather balloons, they dis- cause—and this is a point I want to em- sure, French President Jacques Chirac, agree considerably with the surface phasize—the model simulations could in a speech during The Hague in 2000, record. be deficient in natural variability on said that Kyoto represents ‘‘the first There is also concern of an upward the decadal to century time scale.’’ component of an authentic global gov- bias in the surface temperature record, It’s clear that climate models, even caused by the ‘‘urban heat island ef- ernance.’’ with increasing levels of sophistica- I think we have had an opportunity fect.’’ Most meteorological stations in tion, still contain a number of critical to discuss this over and over, and it is Western Europe and eastern North shortcomings. With that in mind, pol- somewhat warming to me to realize America are located at airports on the icymakers should reject ridiculous that things are not getting that much edge of cities, which have been envel- statements that essentially equate cli- warmer, and if that is happening, the oped by urban expansion. In the May mate model runs with scientific truth. science is not showing it is due to an- 30, 2003, issue of Remote Sensing of En- As I discussed today, climate mod- thropogenic gases. vironment, David Streutker, a Rice eling is in its infancy. It cannot predict Consequently, we as policymakers, University researcher, found an in- future temperatures with reasonable have to look at this and be sure before crease in the Houston urban heat is- certainty that these predictions are ac- we make any rash decisions that the land effect of nearly a full degree Cel- curate. The physical world is exceed- science is there. Clearly, the science is sius between 1987 and 1999. This study ingly complex, and the more complex not there. confirmed research published in the the models, the more potential errors Mr. President, I yield the floor and March 2001 issue of Australian Mete- are introduced into the models. We un- suggest the absence of a quorum. orological Magazine, which docu- derstand little about how to accurately The PRESIDING OFFICER. The mented a significant heat island effect model the troposphere and about the clerk will call the roll. even in small towns. role of aerosols, clouds and water The assistant legislative clerk pro- Although climate modelers have vapor. Moreover, there are enormous ceeded to call the roll. made adjustments to compensate for data gaps in the very short tempera- Mr. HARKIN. Mr. President, I ask the urban heat island effect, other re- ture records that we have. And surface unanimous consent that the order for searchers have shown such adjustments data often conflict with more accurate the quorum call be rescinded. are inadequate. University of Maryland balloon and satellite data. The PRESIDING OFFICER. Without researchers Eugenia Kalnay and Ming Models can enhance scientists’ under- objection, it is so ordered. Cai, in Nature magazine, concluded standing of the climate system, but, at STEM CELL RESEARCH that the effect of urbanization and least at this point, cannot possibly Mr. HARKIN. Mr. President, the land-use changes on U.S. average tem- serve as a rational basis for policy- House of Representatives just minutes peratures is at least twice as large as making. It seems foolish in the ex- ago took a historic stand on behalf of previously estimated. treme to undermine America’s eco- the millions of Americans who can ben- Finally, to expand on a point I raised nomic competitiveness with policies efit from the enormous promise of stem earlier, climate models are helpful in based on computer projections about cell research. By a vote of 238 yeas to creating so-called ‘‘climate scenarios.’’ what the world will look like in 100 194 nays, the House passed H.R. 810. I These scenarios help scientists describe years. In short, we have no idea what congratulate both Congressman CAS- how the climate system might evolve. the world will look like in 20 years, or TLE, a Republican from Delaware, and To arrive at a particular scenario, sci- even 10 years. Congresswoman DEGETTE, a Democrat entists rely on model-driven assump- So this concludes the fourth of the from Colorado, who led a bipartisan ef- tions about future levels of economic pillars of climate alarmists, hopefully fort in this regard to have this very growth, population growth, greenhouse just to show the science is flawed. historic vote in the House of Rep- gas emissions, and other factors. How- I think it is clear, as I mentioned a resentatives. ever, as with the IPCC, these assump- minute ago, that the science is not Indeed, a bipartisan majority re- tions can create wildly exaggerated there. Since 1999, the old argument of jected the restrictive policies of this

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10941 administration and voted to expand the telescopes. We do not require our ge- Mr. FRIST. I ask unanimous consent number of stem cell lines that are eli- ologists to study the Earth with a tape that the order for the quorum call be gible for federally funded research. In measure. If we are serious about real- rescinded. doing so, they have brought new hope izing the promise of stem cell research, The PRESIDING OFFICER. Without to Americans who suffer from diseases our biomedical researchers need access objection, it is so ordered. such as Parkinson’s and juvenile diabe- to the best stem cell lines available. Mr. FRIST. I ask unanimous consent tes, ALS, as well as spinal cord inju- I also emphasize that none of the ad- that when the Senate resumes consid- ries. ditional lines would require the cre- eration of the Owen nomination tomor- Now it is up to us in the Senate to ation of any new embryos. Instead, row morning, the time until 12 noon be pass the same bill without amendments these lines could be derived from any of equally divided between the two lead- so we can send it to the President’s the more than 400,000 embryos that re- ers or their designees; provided further desk as soon as possible. The American main from fertility treatments and that at noon, all time be expired under people cannot afford to wait any longer will otherwise be discarded. We are rule XXII and the Senate proceed to for our top scientists to realize the full talking about embryos that are going the vote on the confirmation of the potential of stem cell research. to be thrown away, legally. Should we nomination with no intervening action Regrettably, research has been sty- not use them instead to ease human or debate; and provided further, fol- mied and slowed under the President’s suffering? lowing that vote, the President be im- stem cell policy. When President Bush Think about this: We have 400,000 fro- mediately notified of the Senate’s ac- announced his policy, the administra- zen embryos left over from in vitro fer- tion. tion said that 78 stem cells lines were tilization. When a woman who has been The PRESIDING OFFICER. Without eligible for federally funded research, a donor of these eggs notifies that they objection, it is so ordered. meaning they had to be derived before are no longer wanted, that she is not f the totally arbitrary date and time of going to use them—maybe she has al- MORNING BUSINESS August 9, 2001, at 9 p.m. Why it was ready had a child or two and does not permissible to use stem cell lines de- Mr. FRIST. I ask unanimous consent need these embryos—that person can there now be a period of morning busi- rived before 9 p.m. but not at 9:01 or give permission to discard them. Why 9:05 p.m. has always eluded me. Again, ness with Senators permitted to speak should that person not be able to give for up to 10 minutes each. it is just an arbitrary time and date. permission to allow them to be used by The administration said there were The PRESIDING OFFICER. Without our top scientists for stem cell re- 78 stem cell lines, but now we know objection, it is so ordered. search that could then save other today that only 22 of those are avail- f lives? That is what some people are able for research, not nearly enough to asking us to do—just throw them away, HONORING OUR ARMED FORCES reflect the genetic diversity that sci- do not let them be used for research entists need. But more importantly, all MARINE CORPORAL TODD GODWIN that could save human suffering and 22 stem cell lines—all 22—that are Mr. DEWINE. Mr. President, I rise save human lives. To this Senator, that available under the President’s policy this afternoon to pay tribute to an ex- simply does not make any sense. are contaminated with mouse feeder ceptional young man who gave his life So as I said, we have strict ethical cells, making them useless for humans. in the defense of freedom. Marine Cpl So the President’s policy is not a way guidelines that are set up so that they Todd Godwin, from Zanesville, OH, died forward; it is, indeed, a dead-end street. cannot be used for cloning, they cannot on July 20, 2004, when the Humvee he It offers only false hope to the millions be used for other things; only to derive was riding in was struck by shrapnel of people across this country who are the stem cells. That is all. If there is a from a roadside explosive in the Al suffering from diseases that could be person who can give the authority Anbar province in Iraq. He was 21 years potentially cured or treated through right now to the in vitro fertilization old. stem cell research. clinic to discard them, why should that CPL Godwin was a sniper with the 1st We need a policy that offers true, person not have the right to say, No, Battalion, 8th Marines, 2nd Marine Di- meaningful hope to these patients and use those frozen embryos to derive vision and was on his second tour-of- their loved ones. That is why Senator stem cells so that someone with a spi- duty in Iraq. Always ready with a SPECTER and I, along with Senators nal cord injury might walk again, so smile or a joke, Todd was an easy HATCH, FEINSTEIN, SMITH, and KEN- that someone with ALS can escape the going, respectful person with a big NEDY, introduced a companion bill to death sentence, so that someone with heart. He was also a Marine through the Castle-DeGette legislation that Parkinson’s can be returned to normal and through—something he took very just passed the House. Our bill expands functioning? seriously—something he had been the number of stem cell lines that fed- The House performed a great public training for his whole life. erally funded scientists can study by service today. I thank both sides of the Born on March 4, 1983, to Bill and lifting the arbitrary eligibility date of aisle, Republicans and Democrats, who Kathy Godwin, Todd was an alert, ener- August 9, 2001. stepped up and voted for this bill. By getic child who grew up with an inter- Under our legislation, all stem cell passing the Castle-DeGette bill, they est in the military. His father remem- lines would be eligible for Federal re- have given hope to millions of suffering bers him playing with G.I. Joes, wear- search regardless of the date they were humans that we will indeed proceed ing fatigues, and simulating wars. Ac- derived, as long as they met strict eth- with stem cell research that will al- cording to his brother, Aaron, the two ical requirements. leviate their suffering. It is now time boys would hang dolls outside and Since August of 2001, scientists have for the Senate to act. shoot at them with a BB gun, honing made great strides and great advances So together with Senator SPECTER, their targeting skills. in deriving stem cell lines. Many of the we are going to urge the majority lead- Apart from these activities, Todd new lines were grown without mouse er to bring up the bill as soon as pos- sought to perfect his body. He could feeder cells. So I ask, should not our sible and let us have a vote in the Sen- often be found working out at ‘‘the top scientists be studying those lines ate and get this bill to the President so Fieldhouse’’ fitness center or prac- that have great potential and which we can move ahead with embryonic ticing his Tae Kwon Do, for which he could be used to alleviate human suf- stem cell research in this country. received two black-belts. Whether in- fering, instead of being limited to the I yield the floor, and I suggest the ab- tentional or not, Todd seemed to be 22 cell lines contaminated with mouse sence of a quorum. grooming himself for the military, ac- cells that will never be used in hu- The PRESIDING OFFICER. The quiring a host of skills that would mans? clerk will call the roll. serve him well in the Marines. We do not require our astronomers to The assistant legislative clerk pro- After graduating from Zanesville explore the heavens with 19th century ceeded to call the roll. Christian School in June 2001, he joined

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10942 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 the Marines. His high school principal Todd also had big plans. He was en- years to help ensure a constant, high said that Todd ‘‘had a goal of being a gaged to Andrea Mendenhall, whom he level of quality; Marine, and he wasn’t going to let any- loved dearly. They were planning on No. 3, clearly defining ‘‘deficiency’’ thing get in the way of that.’’ getting married when Todd finished his so that local Head Start providers Todd excelled as a Marine and com- tour of duty in Iraq. Todd and Andrea know the standards by which they will pleted the intensely competitive and were going to go to college with money be held accountable; and selective sniper training to win a spot Todd was saving through the GI bill. No. 4, providing clear authority to in the sniper platoon. It was a spot he They also talked of someday moving to the governing boards to administer— wanted because, according to his moth- Corpus Christi, TX. These plans, of and be held accountable for—local er, ‘‘He wanted to be with people who course, were not realized because Todd, Head Start programs while ensuring were really serious about what they once again, was looking out for others, policy councils, on which parents sit, did.’’ Indeed, Todd Godwin was a seri- as he did all his life. His dreams were continue to play an important advisory ous Marine who took pride in his duty put on hold so that others could be free role. to defend our country and to spread and safe and able to fulfill their own Head Start has been one of our coun- freedom to other parts of the world. dreams. try’s most successful and popular so- Todd was an exemplary Marine and Mr. President, and Members of the cial programs. That is because it is also just a good, decent person—the Senate, a uniform does not make a ma- based upon the principle of equal op- type of person others remember as hav- rine. The person wearing that uniform portunity, which is at the core of the ing ‘‘a way about them’’—the type of makes a marine. And, each color of American character. Americans person who was quick to smile, who that uniform signifies the characteris- uniquely believe that each of us has was compassionate, and who was good tics of the marine inside it. Todd God- the right to begin at the same starting at making people feel at ease. It seems win wore his uniform with pride. He ex- line and that, if we do, anything is pos- as though everyone who knew Todd emplified the blue standing for brav- sible for anyone one of us. liked him. ery, the white standing for honor, and We also understand that some of us One of his friends, Austin Thompson, the red standing for sacrifice. Unique need help getting to that starting line. remembers Todd’s ability to laugh in to the Marine uniform, of course, is the Most Federal funding for social pro- almost any situation: ‘‘He always had a bright, red stripe that runs the length grams is based upon this understanding great sense of humor, and he was also of each trouser leg—the ‘‘bloodstripe.’’ of equal opportunity. Head Start began very loyal to his friends. He always It represents all the blood shed by ma- in 1965 to make it more likely that dis- looked out for them and loved to be rines in battle. It is a red stripe of sac- advantaged children would successfully with them.’’ rifice—and for Todd Godwin, it rep- arrive at one of the most important of Todd encouraged one of his friends, resents the ultimate sacrifice. our starting lines: the beginning of Josh Carpenter, to ‘‘hang tough’’ in Todd was truly a man of faith, who school. Marine boot camp. He wrote a letter to lived the Marine credo ‘‘Semper Head Start over the years has served Josh that said, ‘‘I’m sure you can’t Fidelis,’’ which means, of course, ‘‘al- hundreds of thousands of our most at- wait to graduate and get some of the ways faithful.’’ Todd was forever faith- risk children. The program has grown comforts of life back. Just remember ful to his friends and family, through and changed. It has been subjected to you have to pay your dues, just like his love and care; to his community, debates and studies touting its suc- every Marine. I’m sure you’ll do fine— through his respect and good deeds; cesses and decrying its deficiencies. I have confidence you’ll succeed.’’ Josh and to his country, through his courage But Head Start has stood the test of had joined the Marines because he and his sacrifice. For all that Todd looked up to Todd. Todd’s letter helped time because it is so very important. gave us, we honor him today. We have made great progress in what Josh get through the challenges of boot My wife, Fran, and I continue to keep we know about the early growth and camp, so that he, too, could be one of Todd’s parents, Bill and Kathy; his the few and the proud. development of young children since brother, Aaron; his sisters, Sarah and Head Start began in 1965. At that time A letter like that is a little thing, a Anna; his grandparents, Clement and small deed, but Todd Godwin was al- very few professionals had studied Esther Jones; and, the love of his life, early childhood education. Even fewer ways doing those ‘‘little things’’ for Andrea Mendenhall, in our thoughts others. That is just who he was. When had designed programs specifically for and in our prayers. children in poverty with their many Todd saw that his fiancee’s younger Mr. President, I thank the Chair and challenges. brother, Caleb, was wearing a U.S. yield the floor. The origins of Head Start come from Navy tie clasp, he brought him a Ma- f rine clasp to wear, instead. It was a an understanding that success for these small gift that meant a great deal to THE HEAD START children was not only about education. Caleb, who describes Todd as ‘‘my best REAUTHORIZATION BILL The program was designed to be cer- buddy I ever had.’’ Mr. ALEXANDER. Mr. President, I tain these children were healthy, got One of Todd’s friends from high cosponsor 1107, the Head Start Im- their immunizations, were fed hot school, Kimberly Burley, remembers provements for School Readiness Act, a meals, and—of crucial importance— another of his deeds that took place on bill to reauthorize Head Start. I join that their parents were deeply involved the night of the Zanesville Christian my colleagues Senators ENZI, KENNEDY, in the program. School junior-senior banquet: and DODD in support of this legislation. From the beginning comprehensive It was raining that night, and he came out I would like to see Head Start ex- services and parent and community in- to greet all the girls at their car with an um- panded and serve more children but volvement were essential parts of good brella. first we must ensure that this program Head Start programs. And that is still Such a gallant act was really typical is accountable, financially solvent, and true today. In the early days, teacher of Todd. It was just another ‘‘little meeting the purpose for which it was training and curriculum were seen as thing’’ he had done for others. intended. less important. But we now know a But, when we look at all the ‘‘little This bill strengthens the Head Start great deal more about brain develop- things’’ together—the letters, the tie program, making four key improve- ment and how children learn from clasps, the way he acted always, the ments by: birth. jokes that made people smile—we see No. 1, establishing 200 Centers of Ex- Today young children are expected to such a much bigger picture, a picture cellence that would serve as model learn more and be able to do more in of an exceptionally caring, thoughtful, Head Start programs across the coun- order to succeed in school. Public generous young man. We see that he try; schools offer kindergarten in response did the ‘‘little things’’ for people be- No. 2, providing that grantees shall to these changes. And 40 States now cause he had a very big heart. re-compete to receive grants every 5 offer early childhood programs.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10943 As we reauthorize the Head Start highlight and encourage better prac- ADDITIONAL STATEMENTS program, it is important to recognize tices among local Head Start pro- its importance and commit to making grams, the bill establishes three new it stronger. But we must also recognize methods for ensuring accountability in that the program is not fulfilling its the management and running of the LINCOLN FINANCIAL GROUP: promise. Head Start is not meeting its programs. CELEBRATING A CENTURY OF purpose of serving our children who are EXCELLENCE—1905–2005 most at risk when dollars are being First, it provides that grantees shall ∑ Mr. LUGAR. Mr. President, I rise squandered by those people who have re-compete for grants every 5 years. today in celebration of the centennial been charged with providing this serv- This ensures that, after 5 years, their anniversary of Lincoln Financial ice. Current practices do not meet my program is still meeting its standards. Group. personal standard for managing and I recognize that consistency is very im- running a program. portant for the Head Start programs, In 1905, Lincoln Financial Group This bill attempts to address this especially for the children served by began with one product, one company, issue by holding up successful local these grants. Many Head Start grant- four employees and a small rented programs so that others may follow ees are doing a very good job admin- space above a telegraph office in down- their example and by clarifying lines of istering their grants, and I hope this town Fort Wayne, Indiana. Amid the accountability so that any corrupt reapplication process will highlight stir of controversy that gripped the practices may be rooted out. The bill their success. To help streamline the big, established insurers at the time, would create a way for States to help process for successful programs, grant- Lincoln’s founders envisioned a new in- surance enterprise—one based on de- strengthen and coordinate Head Start, ees that have not been found deficient pendability and honesty. Believing but would continue to send Federal nor to have had an area of noncompli- that the name of Abraham Lincoln funds directly to nearly 1,700 grantees ance left unresolved for more than 120 that provide services in over 29,000 would powerfully convey this spirit, days will receive a priority designation the founders wrote the 16th President’s Head Start centers that serve just over during the re-competition process. 900,000 disadvantaged children. only surviving son, Robert Todd Lin- First, the bill authorizes the Sec- Second, the bill for the first time de- coln, to ask for permission to use a retary of HHS to create a nationwide fines what makes a local program ‘‘de- portrait of his father on the company network of 200 Centers of Excellence in ficient.’’ This will provide clarity for stationery. Robert Todd Lincoln Early Childhood built around exem- Head Start grantees so that they know agreed, and that is how Lincoln’s leg- plary Head Start programs. These Cen- the precise standards to which they acy began with a name that reflects its ters of Excellence would be nominated will be held. Under the bill, a program character. by governors. Each Center of Excel- may be deemed deficient if it is found Since its founding, Lincoln Financial lence would receive a Federal bonus to threaten the health, safety, or civil has consistently leveraged its strong grant of at least $200,000 in each of 5 rights of children or staff, deny parents capital foundation to grow. From 1905– years, in addition to its base funding. the exercise of their full roles and re- 1955, Lincoln Life grew to become the The Centers of Excellence bonus sponsibilities, misuse funds, lose its ninth largest life insurance company in grants will be used for centers: legal status or financial viability, or the United States. Even during the No. 1, to work in their community to violates other standards specified in Great Depression, Lincoln acquired model the best of what Head Start can the bill. three companies. In 1968, Lincoln Na- do for at-risk children and families, in- tional Corporation was formed as an cluding getting those children ready Finally, the bill makes clear that the Indiana corporation. At the time, it for school and ready for academic suc- Governing Board shall be the body that was one of the first holding companies cess; is charged with running local programs in the insurance industry. No. 2, to coordinate all early child- and which will be held accountable for In the last decades of the 20th cen- hood services in their community; those programs. During our hearing on tury, Lincoln transformed itself from a No. 3, to offer training and support to April 5, we learned from Mayor Whar- life insurance company into a nation- all professionals working with at-risk ton of Shelby County, TN, and other ally recognized financial services en- children; witnesses, that the dual governance terprise. The corporation adopted the No. 4, to track these families and en- structure between the governing board name Lincoln Financial Group as its sure seamless continuity of services and the policy council was inadequate marketing name in 1998. In addition to from prenatal to age 8; and neither body had decision-making Fort Wayne, Lincoln maintains pri- No. 5, to become models of excellence authority. This bill gives governing mary offices in Philadelphia, PA; Hart- by all performance measures and be boards direct authority—and holds ford, CT; Chicago, IL; Portland, ME; willing to be held accountable for good them accountable—while ensuring that and Barnwood, Gloucester, England. outcomes for our most disadvantaged policy councils, on which parents sit, children; and Today, Lincoln is a family of compa- No. 6. to have the flexibility to serve continue to play an important advisory nies working together to provide an additional Head Start or Early Head role in the running of local Head Start array of financial planning, retirement Start children or provide more full-day programs. income, life insurance, annuity, mu- services to better meet the needs of My mother taught me the impor- tual fund, and investment management working parents. tance of preschool education. When I solutions to its clients. As of year-end While Head Start centers are uneven was growing up, she ran a kindergarten 2004, Lincoln had consolidated assets of $116 billion and annual consolidated in performance, they have generally in a converted garage in our backyard revenues of $5.4 billion in 2004. excelled in two areas critical to success in Maryville, TN. She helped our com- in caring for and educating children— munity appreciate the value of a good Lincoln’s growth has been spurred by developing community support and en- preschool program. I have remembered a corporate culture that rewards cre- couraging parental involvement. Alex both lessons in working with my col- ativity and believes that success is de- rived from a diverse and talented work- Haley, the author of Roots, lived by leagues to fashion this proposal to these six words, ‘‘Find the good and force. The people of Lincoln have al- bring out the best in Head Start. praise it.’’ For me that was an invalu- ways valued the trust customers place able lesson. That’s what I hope these I hope that my colleagues will join in the company each time they seek fi- centers will do. me in advancing this critical legisla- nancial advice, purchase a Lincoln In addition to providing for the es- tion to ensure the Head Start program product or recommend the company to tablishment of Centers of Excellence to meets its full potential. a friend. The company has seven shared

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10944 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 values that reflect the principles ex- Joseph Barlow Redfield, an auditor women to stop in St. Anthony for sup- pressed by its namesake and charac- with the Chicago and Northwestern plies, was so successful that this tiny terize the quality of its products: in- Railroad Company who purchased a town decided to prepare and serve a tegrity; commitment to excellence; re- great deal of the area’s land for inves- full breakfast of pancakes, sausage, sponsibility; respect; fairness; diver- tors in Chicago. hash browns and beverages for hungry sity; and employee ownership. Although Redfield now serves as the travelers every year. By 1966, 10,000 Lincoln’s sense of responsibility county seat for Spink County, prior to people were served over the course of shapes not only its business practices, 1886, that was not the case. In fact, one day, more than three times the but also its commitment to the com- Redfield supporters fought a conten- current population of the town. Today, munities where it operates. Since its tious and controversial county seat about 5,000 people a year get to enjoy founding, Lincoln has recognized that battle between Old Ashton, Ashton, the great food and super hospitality of investing in these communities is fun- Frankfort and Redfield. Despite these this small town in southeast Idaho that damental to its success. The company’s efforts, old Ashton retained its position serves as a gateway to the Snake River spirit of philanthropy led to the estab- as county seat. All that changed, how- and some of the best fishing in the lishment of the Lincoln Financial ever, in 1886, when Redfield honestly West. Group Foundation in 1962, which fur- won the majority of the votes in Spink I congratulate the St. Anthony ther inspired a rich tradition of giving. County and was awarded the seat it Chamber of Commerce and all of the Today, Lincoln sets aside 2 percent of still proudly claims. volunteers who this year and in years its pre-tax earnings for philanthropy. Among the city’s many landmarks is past have come together to give people Over the past 30 years, the Lincoln Fi- the historic Carnegie Library. In 1902, a smile, laughter and a delicious hot nancial Group Foundation has given Redfield welcomed a grant from the breakfast.∑ over $70 million in charitable giving in Andrew Carnegie Foundation that f Indiana. made the library possible. This con- In addition to the company’s mone- tribution transformed a simple reading CHILDREN’S HOSPICE tary donations, its employees bring the club into a majestic red brick building INTERNATIONAL company’s spirit of philanthropy to life adorned with a tan sandstone founda- ∑ Mr. BENNETT. Mr. President, on every day. Collectively, they donate tion, a domed cupola and beautiful oak May 23 of this year, Children’s Hospice thousands of hours each year in per- columns and woodwork. In the li- International celebrates its 22nd anni- sonal volunteerism and participation brary’s early years, it housed the versary of helping children with life- in various company-sponsored commu- Redfield city offices, in addition to the threatening illnesses find comfort and nity activities. To encourage and rec- collections; the City Auditor doubled care through hospice care programs ognize their efforts, Lincoln provides as librarian. Recently, I had the pleas- around the country and the world. employees with paid time off to par- ure of helping the community of Several members of this distin- ticipate in various volunteer projects. Redfield secure $100,000 to renovate and guished body, including former Senate The company’s Matching Gifts pro- expand this historic structure, which is Majority Leader Robert K. Dole of gram to colleges and universities also the oldest continuous-use Carnegie Li- Kansas and former Senator Claiborne maximizes employee donations. From brary in South Dakota. Pell of Rhode Island, were among the food drives to donating blood, home- The South Dakota Developmental organization’s early supporters because building projects to tutoring, Lincoln Center, SDDC, is another notable they recognized the need to provide employees actively make a difference Redfield landmark. Opened in 1902, the comprehensive hospice care for chil- in the communities they call home. SDDC originally housed the staff and dren who are suffering from difficult As it celebrates its centennial, Lin- the patients in a single building, which medical conditions. coln’s name gives a distinctive char- is still used for office space today. In 1977, when CHI was founded by acter to its legacy. There are currently 175 disabled indi- Ann Armstrong-Dailey, there were no As the next 100 years begin, there is viduals receiving services from SDDC hospice care programs for children in much to celebrate for the company as today, ranging in age from 13 months the United States. In 1983, only four of it looks to build a future of oppor- to 78 years of age. Their disabilities 1,400 hospice programs in the United tunity, focused on its shared values.∑ range from moderate to profound. States were willing to accept children. f Redfield also is home to one of the Now, close to 450 of 3,000 U.S. hospices last surviving drive-in movie theaters. include child-specific services. And HONORING THE CITY OF Erected in 1952, Pheasant City Drive-in while that is good news, there is much REDFIELD, SD Theater still entertains more than 2,800 more to be done. ∑ Mr. JOHNSON. Mr. President, I rise Redfield residents. Of the 10 million children in America today to honor and publicly recognize In the twelve and a half decades since who are living with a serious chronic the 125th anniversary of the founding its founding, Redfield has proven its condition, each year about 54,000 will of the city of Redfield, SD. As the 125th ability to thrive and serve farmers and die; another 1.3 million will live but anniversary approaches, Redfield looks ranchers throughout the region. could greatly benefit from hospice and back on a proud history and looks for- Redfield’s proud residents celebrate its palliative care. ward to a promising future. 125th anniversary July 1–3, 2005, and it Historically, hospice reimbursement Located in east central South Da- is with great honor that I share with guidelines, in Medicaid and most pri- kota, Redfield is the county seat for my colleagues the achievements made vate plans, have required that patients Spink County, the largest wheat-pro- by this great community.∑ forego all life-saving care before they ducing county in our State. First set- f can be admitted to hospice. They have tled in 1878 by Frank Meyers and a also required the patient to be within party of Chicago and Northwestern sur- FRIENDS AND FOOD FOR FIFTY the last 6 months of life. However, this veyors, Redfield was originally known YEARS IN ST. ANTHONY, ID does not work with pediatric patients as ‘‘Stennett Junction;’’ named after ∑ Mr. CRAPO. Mr. President, there is a for whom aggressive treatment is an official with the Chicago and North- small town in Idaho that celebrates a sought and life-expectancy cannot be western Railroad. The term ‘‘Junc- very special anniversary this year. estimated. tion’’ was added in anticipation of the Fifty years ago in 1955, the St. An- Families should not be expected to railroad’s popularity. Meyers estab- thony, ID Chamber of Commerce paid give up on hope for a cure in order to lished the first post office in 1880, thus for travelers to have coffee and donuts receive that help. Because of the unpre- marking the town’s official birth. In at any of the local cafes to celebrate dictable course of many serious child- February of 1881, however, the town’s the opening day of fishing season. The hood illnesses, it is often very difficult name was changed to Redfield, after effort, which encouraged fishermen and for doctors to know when a child is

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10945 within 6 months of death. Parents honorary board members Barbara H.R. 1101. An act to revoke a Public Land should not have to choose between hos- Bush, and Senators Claiborne Pell and Order with respect to certain lands erro- pice care and the hope for a cure. Par- Robert Dole, put forth 22 years ago neously included in the Cibola National ents should not have to keep their when they launched this very impor- Wildlife Refuge, California. H.R. 1499. An act to amend the Internal child in a hospital or other facility tant effort to provide dignified care Revenue Code of 1986 to allow members of simply because insurance will not pay and support to children with life- the Armed Forces serving in a combat zone for the child to receive the same care, threatening conditions and their fami- to make contributions to their individual re- at a lower cost, at home. lies.∑ tirement plans even if the compensation on The most critical time for children f which such contribution is based is excluded and family members is at the point of from gross income, and for other purposes. diagnosis—when they need the inten- NATIONAL HISTORY DAY 2005 H.R. 2046. An act to amend the sive support and guidance that hospice ∑ Mr. CONRAD. Mr. President, today I Servicemembers Civil Relief Act to limit and palliative care programs can pro- wish to say a few words about National premium increases on reinstated health in- History Day. For the past 25 years, Na- surance on servicemembers who are released vide. from active military service, and for other Since 1997, CHI has worked with the tional History Day has provided stu- purposes. Centers for Medicare and Medicaid dents in grades 6–12 with opportunities H.R. 2066. An act to amend title 40, United Services, CMS, to set up the Program to study different periods or trends in States Code, to establish a Federal Acquisi- for All-Inclusive Care for Children and American history. National History tion Service, to replace the General Supply their Families, CHI PACC. CHI PACC Day is a year-long educational oppor- Fund and the Information Technology Fund programs provide a continuum of care tunity for students to examine a period with an Acquisition Services Fund, and for for children and their families from of American history closely through other purposes. time of diagnosis, with hope for a cure, extensive research, development of ex- The message also announced that the through bereavement, if needed. hibits and presentations, and multi- House has agreed to the following con- With Congressional support, a total media documentaries. This year’s na- current resolutions, in which it re- of 18 States are already benefiting from tional competition topic is ‘‘Commu- quests the concurrence of the Senate: this initiative through CHI PACC pro- nication in History,’’ and the competi- H. Con. Res. 89. Concurrent resolution hon- grams in six States and two regions. tion will be held on the campus of the oring the life of Sister Dorothy Stang. States currently implementing CHI University of Maryland in June. H. Con. Res. 149. Concurrent recognizing PACC are Colorado, Florida, Kentucky, I am especially proud of the students the 57th anniversary of the independence of from my State of North Dakota who the State of Israel. New York, Virginia, and my home H. Con. Res. 153. Concurrent resolution State of Utah, which will be among the have been selected to participate in welcoming His Excellency Hamid Karzai, the first to implement this model. this program this year. These students President of Afghanistan, on the occasion of Utah has been one of the leaders in participated in the North Dakota State his visit to the United States in May 2005 and this effort. Utah’s Department of competition and were selected to rep- expressing support for a strong and enduring Health has spearheaded the effort in resent the State in the national com- strategic partnership between the United Utah, and the Primary Children’s Med- petition. They include Edward States and Afghanistan. ical Center in Salt Lake City, UT has Gallegos, Kelbi Clarke, Lyndsie Cossel, f been a central point of developing Sejal Parikh, Sarak Shirek, Amirah MEASURES REFERRED these pediatric palliative services to Ahmed, Amber Guseman, Annah assist families from the point of diag- Klamm, Meghan Graham, Katie Sanner The following bills were read the first nosis. and Amanda Malm from Grand Forks. and the second times by unanimous The New England Region is also pre- They also include Erin Droske, Aaron consent, and referred as indicated: paring to implement CHI PACC to Christianson, Jessica King, Micah H.R. 29. An act to protect users of the serve six States—Connecticut, Maine, Gilleshammer and Sarah Lunde of St. Internet from unknowing transmission of Massachusetts, New Hampshire, Rhode Thomas. These students represent the their personally identifiable information Island and Vermont. The Colorado pro- through spyware programs, and for other Schroeder Middle School and Red River purposes; to the Committee on Commerce, gram extends to patients in six addi- High School in Grand Forks and the Science, and Transportation. tional States—Kansas, Montana, Ne- St. Thomas Public School in St. Thom- H.R. 32. An act to amend title 18, United braska, New Mexico, South Dakota and as, ND. I congratulate them and wish States Code, to provide criminal penalties Wyoming. In Pennsylvania, the Depart- them much success in the national for trafficking in counterfeit marks; to the ment of Defense is working to adopt competition.∑ Committee on the Judiciary. H.R. 606. An act to authorize appropria- the CHI PACC model for its health care f system. The goal of all of these efforts tions to the Secretary of the Interior for the is to prove the effectiveness of the CHI MESSAGE FROM THE HOUSE restoration of the Angel Island Immigration At 12:10 p.m., a message from the Station in the State of California; to the PACC model so that it can be adopted Committee on Energy and Natural Re- universally through Medicaid, S-SCHIP House of Representatives, delivered by sources. and private insurers. Ms. Niland, one of its reading clerks, H.R. 744. An act to amend title 18, United As we approach Memorial Day, it announced the the House has passed States Code, to discourage spyware, and for should be noted that Children’s Hospice the following bills, in which it requests other purposes; to the Committee on the Ju- International is a living memorial to the concurrence of the Senate: diciary. Ensign Alan H. Armstrong and his H.R. 29. An act to protect users of the H.R. 849. An act to provide for the convey- shipmates lost aboard the U.S.S. Frank Internet from unknowing transmission of ance of certain public land in Clark County, E. Evans during the conflict in Viet- their personally identifiable information Nevada, for use as a heliport; to the Com- through spyware programs, and for other mittee on Energy and Natural Resources. nam. Armstrong is the brother of CHI H.R. 1101. An act to revoke a Public Land Founder Ann Armstrong-Dailey. I purposes. H.R. 32. An act to amend title 18, United Order with respect to certain lands erro- deeply appreciate Ensign Armstrong’s States Code, to provide criminal penalties neously included in the Cibola National service to our country. for trafficking in counterfeit marks. Wildlife Refuge, California; to the Com- I commend Children’s Hospice Inter- H.R. 606. An act to authorize appropria- mittee on Energy and Natural Resources. national on its 22nd anniversary as it tions to the Secretary of the Interior for the H.R. 1499. An act to amend the Internal seeks to remove the roadblocks in pri- restoration of the Angel Island Immigration Revenue Code of 1986 to allow a deduction to vate and public insurance programs Station in the State of California. members of the Armed Forces serving in a combat zone for contributions to their indi- that prevent these children and their H.R. 744. An act to amend title 18, United States Code, to discourage spyware, and for vidual retirement plans even if the com- families from receiving the care and other purposes. pensation on which such contribution is support they need. H.R. 849. An act to provide for the convey- based is excluded from gross income, and for I too believe in the vision that Ann ance of certain public land in Clark County, other purposes; to the Committee on Fi- Armstrong-Dailey, along with original Nevada, for use as a heliport. nance.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10946 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 H.R. 2046. An act to amend the organizations, employs approximately 1,000 resolution to the President of the United Servicemembers Civil Relief Act to limit individuals, and provides economic support States, the Secretary of Defense of the premium increases on reinstated health in- and benefits to the city of Mansfield and the United States, the members of the Ohio Con- surance on servicemembers who are released surrounding communities; now therefore be gressional delegation, the Speaker and Clerk from active military service, and for other it of the United States House of Representa- purposes; to the Committee on Veterans’ Af- Resolved, That the 126th General Assembly tives, the President Pro Tempore and the fairs. of the State of Ohio supports the 179th Air- Secretary of the United States Senate, and H.R. 2066. An act to amend title 40, United lift Wing, Ohio Air National Guard, at the the news media of Ohio. States Code, to establish a Federal Acquisi- Mansfield Lahm Airport and firmly believes tion Service, to replace the General Supply that the unit and base should not be included POM–59. A resolution adopted by the House Fund and the Information Technology Fund in the Defense Base Closure and Realignment of Representatives of the Commonwealth of with an Acquisition Services Fund, and for Commission’s list of proposed bases to be Pennsylvania relative to a postage stamp other purposes; to the Committee on Home- closed, as it is a valuable asset to the state commemorating coal miners; to the Com- land Security and Governmental Affairs. of Ohio and the defense of our nation, and mittee on Banking, Housing, and Urban Af- The following concurrent resolutions memorializes Congress to take appropriate fairs. were read, and referred as indicated: action so that this base is not included in HOUSE RESOLUTION 108 the Commission’s list; and be it further Whereas our entire nation owes our coal H. Con. Res. 89. Concurrent resolution hon- Resolved, That the Clerk of the Senate miners a great deal more than we could ever oring the life of Sister Dorothy Stang; to the transmit duly authenticated copies of this repay them for the difficult and dangerous Committee on the Judiciary. resolution to the President of the United job which they perform so that we can have H. Con. Res. 149. Concurrent resolution rec- States, the Secretary of Defense of the the fuel we need to operate our industries ognizing the 57th anniversary of the inde- United States, the members of the Ohio Con- and to heat our homes; and pendence of the State of Israel; to the Com- gressional delegation, the Speaker and Clerk Whereas coal mining is as much of a cul- mittee on Foreign Relations. of the United States House of Representa- ture as it is an industry; and H. Con. Res. 153. Concurrent resolution tives, the President Pro Tempore and the Whereas coal miners sacrifice life and limb welcoming His Excellency Hamid Karzai, the Secretary of the United States Senate, and for little recognition, and it would be proper President of Afghanistan, on the occasion of the news media of Ohio. and fitting for our nation to recognize our his visit to the United States in May 2005 and coal miners, past and present, for their con- expressing support for a strong and enduring POM–58. A resolution adopted by the Gen- tributions; therefore be it strategic partnership between the United eral Assembly of the State of Ohio relative Resolved, That the General Assembly of the States and Afghanistan; to the Committee to the exclusion of the 178th Fighter Wing, Commonwealth of Pennsylvania memorialize on Foreign Relations. Ohio Air National Guard, at the Springfield- the Citizens’ Stamp Advisory Committee of f Beckley Municipal Airport in Springfield, the United States Postal Service to issue a Ohio from the list of base closures for the commemorative stamp honoring our coal MEASURES PLACED ON THE miners and their contributions to our nation CALENDAR Base Realignment and Closure process; to the Committee on Armed Services. and its citizens; and be it further Resolved, That copies of this resolution be The following bill was read the sec- CONCURRENT RESOLUTION 10 ond time, and placed on the calendar: delivered to the Citizens’ Stamp Advisory Whereas the 178th Fighter Wing, Ohio Air Committee, c/o Stamp Development, United S. 1098. A bill to prevent abuse of the spe- National Guard at the Springfield-Beckley States Postal Service, 1735 North Lynn cial allowance subsidies under the Federal Municipal Airport in Springfield, Ohio, Street, Room 5013, Arlington, VA 22209–6432, Family Education Loan Program. trains the fighter pilots of the future, and its to the presiding officers of each house of con- f goals are to have highly trained profes- gress and to each member of Congress from sionals providing world-class training air Pennsylvania. PETITIONS AND MEMORIALS combat capability and resources in times of The following petitions and memo- national emergency or war and to provide POM–60. A resolution adopted by the House rials were laid before the Senate and protection of life and property and to pre- of Representatives of the General Assembly were referred or ordered to lie on the serve peace, order, and public safety during of the Commonwealth of Kentucky relative to legislation urging the Federal Commu- table as indicated. natural disasters; and Whereas in addition to working to protect nications Commission not to preempt state POM–57. A resolution adopted by the Gen- our nation by sending unit members to par- do not call legislation; to the Committee on eral Assembly of the State of Ohio relative ticipate in engagements around the world, Commerce, Science, and Transportation. to the exclusion of the 179th Airlift Wing, the 178th Fighter Wing works in the commu- HOUSE RESOLUTION 191 Ohio Air National guard, at the Mansfield nity, participating in such activities as the Whereas the Commonwealth of Kentucky Lahm airport from the list of base closures Adopt-A-Family program, the Combined has enacted legislation, KRS 367.46951 et seq., for the Base Realignment and Closure proc- Federal Campaign, Help-A-Needy Family to protect the privacy of Kentucky con- ess; to the Committee on Armed Services. program, and Red Cross blood drives, as well sumers from unwanted, unsolicited tele- CONCURRENT RESOLUTION 9 as other activities; and marketing phone calls and created a ‘‘zero Whereas the 179th Airlift Wing, Ohio Air Whereas Congress authorized a new round call list’’ on which Kentucky consumers may National Guard, at the Mansfield Lahm Air- of the Base Realignment and Closure process place their residential phone numbers and port in Mansfield, Ohio, has a mission ‘‘to (BRAC) to occur this year, which has the po- which numbers may not be called by tele- develop highly qualified operations, logis- tential to affect the 178th Fighter Wing, the marketers for the purpose of making a tele- tics, support and medical professionals who base, and the community of Springfield that phone solicitation as defined by Kentucky provide airlift to serve the state and nation’’ supports the base; and law, and which list is administered by the and a vision to ‘‘be an outstanding airlift Whereas the unit is a key component of Office of Attorney General; and unit with a reputation for professionalism the community, employing approximately Whereas the United States Federal Trade and world-class service—our customers’ first 409 people in the unit, and the airport pro- Commission and Federal Communications choice’’; and vides for air travel and cargo needs for citi- Commission have established a federal reg- Whereas the 179th Airlift Wing has won zens and business in the region; now there- istry, the National Do Not Call Registry, on several awards, including the Air Force Out- fore be it which Kentucky consumers may have their standing Unit Award, the Alan P. Tappan Resolved, That the 126th General Assembly residential phone numbers placed for pur- Memorial Trophy, and the Rusty Metcalf of the State of Ohio supports the 178th Fight- poses of preventing telemarketers from mak- Award, the latter of which acknowledges the er Wing, Ohio Air National Guard at the ing unsolicited telephone solicitations, unit as one of the best in the Air Force, and Springfield-Beckley Municipal Airport and which list is administered by the Federal all of these awards demonstrate the high ca- firmly believes that the unit and the base Trade Commission and enforced by the Fed- pability of the unit and the unit’s ability to should not be included in the Defense Base eral Trade Commission as well as the Fed- perform at the Mansfield Lahm Airport; and Closure and Realignment Commission’s list eral Communications Commission and the Whereas Congress authorized a new round of proposed bases to be closed, as it is a valu- Attorneys General of the 50 states; and of the Base Realignment and Closure process able asset to the state of Ohio and the de- Whereas the Attorney General has imple- to occur this year, which has the potential fense of our nation, and memorializes Con- mented the Kentucky zero call list effec- to affect the 179th Airlift Wing, Ohio Na- gress to take appropriate action so that this tively and enforced the Kentucky and federal tional Guard, and the community of Mans- base is not included in the Commission’s clo- law in such a manner as to dramatically re- field that supports the unit; and sure list; and be it further duce the number of complaints from Ken- Whereas the 179th Airlift Wing is active in Resolved, That the Clerk of the Senate tucky consumers regarding unsolicited tele- the community through various events and transmit duly authenticated copies of this marketing calls; and

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10947

Whereas the Kentucky House of Represent- pendence on petroleum products; now there- SENATE CONCURRENT RESOLUTION 12 atives is aware that petitions are pending be- fore be it Whereas the sixth short-term extension of fore the Federal Communications Commis- Resolved, That we the members of the Sen- the federal road and transit funding author- sion which seek to declare state laws in Wis- ate of the 126th General Assembly of Ohio, ization act known as the Transportation Eq- consin, New Jersey, North Dakota and Indi- request Congress to amend the Energy Pol- uity Act for the 21st Century, or TEA 21, ex- ana preempted by federal telemarketing leg- icy Act of 1992 to specify that an electric-hy- pires on May 31, 2005. The uncertainty re- islation, the Telephone Consumer Protection brid vehicle must receive credit as being an garding long-term federal funding hampers Act, 47 U.S.C. sec. 227; and alternative fueled vehicle for purposes of the Michigan’s ability to effectively plan invest- Whereas the Kentucky House of Represent- requirement that 75% of new light duty ments in infrastructure and may contribute atives wishes to express its satisfaction with motor vehicles acquired annually for state to delays in critical highway and transit the enforcement efforts of the Office of the government fleets be alternative fueled vehi- projects; and Attorney General to date and its desire that cles, and be it further Whereas Michigan has long been a ‘‘donor these efforts continue in the future; and Resolved, That the Clerk of the Senate Whereas neither the Telephone Consumer transmit daily authenticated copies of this state,’’ contributing a greater share to the Protection Act nor any other federal law ex- resolution to the Speaker and Clerk of the Federal Highway Trust Fund and Mass Tran- pressly or by reasonable implication pre- United States House of Representatives, to sit Account than the share of federal trans- empts KRS 367.46951 et seq., nor any other the President Pro Tempore and Secretary of portation funds returned for use in Michigan; state telemarketing legislation establishing the United States Senate, to the members of and a state do not call registry; now therefore, be the Ohio Congressional delegation, to the Whereas last session, the United States it Speaker of the House of Representatives of Senate passed highway reauthorization legis- Resolved by the House of Representatives of the General Assembly of Ohio, and to the lation that would have provided $318 billion the General Assembly of the Commonwealth of news media of Ohio. for highways and transit systems nationwide Kentucky: over six years and increased Michigan’s rate Section 1. The House of Representatives POM–62. A resolution adopted by the House of return on our federal transportation taxes urges the Federal Communications Commis- of Representatives of the Legislature of the from 90.5 percent to 95 percent. In addition, sion to clearly state that the National Do State of Michigan relative to highway fund- the bill would have provided up to $300 mil- Not Call Registry does not preempt Ken- ing; to the Committee on Commerce, lion more for Michigan transportation sys- tucky’s zero call list. Science, and Transportation. tems each year, and could have created sev- eral thousand new jobs. The House passed re- Section 2. The House of Representatives HOUSE CONCURRENT RESOLUTION 4 also urges the legislature of each state that authorizing legislation that would have pro- Whereas the sixth short-term extension of has not yet done so to make a similar re- vided $284 billion for highways and transit the federal road and transit funding author- quest to the Federal Communications Com- systems and would have reduced Michigan’s ization act known as the Transportation Eq- mission. rate of return below the current level of 90.5 uity Act for the 21st Century, or TEA 21, ex- Section 3. The Clerk of the House of Rep- percent. The Conference Committee nar- pires on May 31, 2005. The uncertainty re- resentatives shall transmit copies of this rowed the funding difference to between $284 garding long-term federal funding hampers Resolution to the President and Vice Presi- and $299 billion, but left unresolved the ques- Michigan’s ability to effectively plan invest- dent of the United States, the presiding offi- tion of funding equity for donor states such ments in infrastructure and may contribute cer in each house of the legislature in each of as Michigan; now, therefore be it to delays in critical highway and transit the states in the Union, the Speaker of the Resolved by the Senate (the House of Rep- projects; and United States House of Representatives, the resentatives concurring), That we memorialize Whereas Michigan has long been a ‘‘donor President of the United States Senate, and Congress to enact highway reauthorization state,’’ contributing a greater share to the to each member of the Commonwealth of legislation with a level of funding that closes Federal Highway Trust Fund and Mass Tran- Kentucky’s Congressional Delegation. the gap between federal fuel tax dollars paid sit Account than the share of federal trans- by Michigan motorists and dollars received portation funds returned for use in Michigan; POM–61. A resolution adopted by the Sen- to address Michigan’s transportation needs; and ate of the General Assembly of the State of and be it further Whereas last session, the United States Ohio relative to the Energy Policy Act of Senate passed highway reauthorization legis- Resolved, That copies of this resolution be 1992; to the Committee on Commerce, lation that would have provided $318 billion transmitted to the President of the United Science, and Transportation. for highways and transit systems nationwide States Senate, the Speaker of the United SENATE RESOLUTION 35S over six years and increased Michigan’s rate States House of Representatives, and the Whereas the United States; increasing de- of return on our federal transportation taxes members of the Michigan congressional dele- pendence on imported oil and the relative in- from 90.5 percent to 95 percent. In addition, gation. stability of foreign oil-producing countries the bill would have provided up to $300 mil- prompted Congress to enact the Energy Pol- lion more for Michigan transportation sys- POM–64. A concurrent resolution adopted icy Act of 1992. The policy goals of the Act tems each year, and could have created sev- by the Legislature of the State of North Da- are to reduce our nation’s reliance on foreign eral thousand new jobs. The House passed re- kota relative to the Grand Forks Automated petroleum and to improve air quality; and authorizing legislation that would have pro- Flight Service Station; to the Committee on Whereas to achieve these goals, certain vided $284 billion for highways and transit Commerce, Science, and Transportation. portions of the Act establish provisions that systems and would have reduced Michigan’s HOUSE CONCURRENT RESOLUTION 3058 are designed to encourage the use of alter- rate of return below the current level of 90.5 native fuels. One such provision, 42 U.S.C. percent. The Conference Committee nar- Whereas the Grand Forks Automated 13257(o), specifies that pursuant to rules rowed the funding difference to between $284 Flight Service Station provides pilots with adopted by the Department of Energy, 75% of and $299 billion, but left unRESOLVED the weather and aeronautical data to help them new light duty motor vehicles acquired an- question of funding equity for donor states make critical and often lifesaving decisions; nually for state government fleets must be such as Michigan; now, therefore, be it and alternative fueled vehicles; and Resolved by the House of Representatives (the Whereas whether assisting University of Whereas rules adopted by the Department Senate concurring), That we memorialize Con- North Dakota student pilots, coordinating of Energy, which are codified at 10 C.F.R. gress to enact highway reauthorization legis- air ambulance flights to our rural commu- Part 490 and are commonly known as the En- lation with a level of funding that closes the nities, relaying data to commercial opera- ergy Policy Act State and Alternative Fuel gap between federal fuel tax dollars paid by tors flying passengers and supplies over the Provider Rules, exclude electric-hybrid vehi- Michigan motorists and dollars received to state, often in the worst of weather, or as- cles that run in part on gasoline from the address Michigan’s transportation needs; and sisting the military in matters of national definition of ‘‘alternative fueled vehicle,’’ be it further security, the Grand Forks Automated Flight thus prohibiting states from receiving credit Resolved, That copies of this resolution be Service Station provides an invaluable serv- toward the alternative fueled vehicle quota transmitted to the President of the United ice that is intimately related to the public for the acquisition of an electric-hybrid vehi- States Senate, the Speaker of the United interest; and cle; and States House of Representatives, and the Whereas the Grand Forks Automated Whereas this inability of states to use elec- members of the Michigan congressional dele- Flight Service Station is responsible for the tric-hybrid vehicles in order to receive credit gation. continuous monitoring of international bor- toward the quota is unfortunate and, in fact, der air space and daily support of the mis- does not make sense because these vehicles POM–63. A resolution adopted by the Leg- sions of the Minot Air Force Base, Grand exhibit excellent fuel efficiency that would islature of the State of Michigan relative to Forks Air Force Base, Fargo Air National serve to accomplish the policy goals of the highway funding; to the Committee on Com- Guard, and Bismarck National Guard flight Energy Policy Act of 1992 by reducing de- merce, Science, and Transportation. operations; and

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10948 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 Whereas maintaining the Grand Forks Whereas information that impacts energy date the prompt disclosure and dissemina- Automated Flight Service Station with prop- markets throughout the nation is of critical tion of corrected information, in order to er staffing levels and equipment is a funda- importance to Louisiana; and promote market equality and fairness, be it mental necessity in the continuation of Whereas the Department of Energy, En- further these crucial services; and ergy Information Administration (EIA), so- Resolved, That a copy of this Resolution Whereas the Federal Aviation Administra- licited public comments regarding its shall be transmitted to the secretary of the tion is primarily responsible for the safety present policies and procedures concerning United States Senate and the clerk of the and security of aviation; Now, therefore, be revision of information contained in the United States House of Representatives, and it Weekly Natural gas Storage Report; and to each member of the Louisiana delegation Resolved by the House of Representatives of Whereas the Weekly Natural Gas Storage to the United States Congress. North Dakota, the Senate Concurring therein: Report identifies the amount of natural gas That the Fifty-ninth Legislative Assembly stored and the amount withdrawn in under- POM–67. A House Joint Memorial adopted urges the Federal Aviation Administration ground storage on a weekly basis; and by the Legislature of the State of Idaho rel- to maintain the Grand Forks Automated Whereas the contents of such report are ative to funding for the Idaho National Lab- Flight Service Station as a federal air traffic critical factors in the pricing of natural gas, oratory; to the Committee on Energy and facility properly staffed by government em- and have a direct and immediate impact Natural Resources. ployees; and be it further upon markets and consumers; and HOUSE JOINT MEMORIAL 6 Resolved, That the Secretary of State for- Whereas the EIA’s current revision policy Whereas at the direction of the United ward copies of this resolution to the Presi- provides that any errors in the Weekly Nat- States Government, through its Department dent and Vice President of the United ural Gas Storage Report will not be cor- of Energy, a new national laboratory ‘‘Idaho States, the administrator of the Federal rected for up to one week; and National Laboratory’’ was, on February 1, Aviation Administration, and to each mem- Whereas such policy is seriously flawed, as 2005, formed from the former Argonne Na- ber of the United States Senate and United demonstrated by the events of November 24, tional Laboratory-West and Idaho National States House of Representatives. 2004; and Engineering and Environmental Laboratory; Whereas the November 24, 2004, Weekly and POM–65. A resolution adopted by the Sen- Natural Gas Storage Report contained infor- Whereas the United States Department of ate of the General Assembly of the State of mation that had been submitted with a cler- Energy’s stated vision for the new Idaho Na- Tennessee relative to federal reauthorization ical error; and tional Laboratory is to: enhance the Na- of federal-aid highway and transit programs; Whereas shortly after such information tion’s energy security by becoming the pre- to the Committee on Commerce, Science, had been submitted, EIA personnel requested eminent, internationally recognized nuclear and Transportation. that the company review the accuracy of its energy research, development and dem- SENATE RESOLUTION 13 submission; and onstration laboratory within ten years; es- Whereas within thirty minutes from EIA’s Whereas legislation to reauthorize the fed- tablish itself as a major center for national request the correct information was obtained eral-aid highway and transit programs is security technology development and dem- and submitted to EIA; and more than 17 months overdue; and onstration; be a multiprogram, national lab- Whereas although EIA and private sector Whereas the six short-term program exten- oratory with world-class nuclear capabili- personnel acted promptly and appropriately sions enacted by the U.S. Congress have ties; and foster new academic, industry, gov- to discover and correct the clerical error, the forced states and localities to delay con- ernment and international collaborations to contents oft he Weekly Natural Gas Storage struction of critical highway and transit produce the investment, programs and exper- Report were not publicly revise, updated, or projects, impeded job creation, and post- tise that assure this vision is realized; and corrected, due to EIA’s regulations pre- poned life-saving safety improvements and Whereas the Idaho National Laboratory is venting the disclosure and dissemination of the completion of congestion-reducing meas- considered an essential partner alongside such information until the next week’s re- ures; and Idaho state government, Idaho’s universities port; and Whereas further delay will increase project and industry in carrying out the state’s Whereas such failure and delay in disclo- costs and dilute the purchasing power of fed- Science and Technology Strategic Plan and sure and dissemination of the corrected in- eral transportation dollars; and building on Idaho’s key industry strengths in formation had disastrous economic con- Whereas investments in transportation are energy and power, imaging, new materials sequence, in that Federal Energy Regulatory investments in people, and our transpor- and nanotechnology, and ag/biotechnology; Commission analysts later estimated the tation network is the means through which and cost to the marketplace in relying upon the our children return from school safely, aging Whereas the state of Idaho has for fifty-six erroneous and uncorrected information was Americans and the disabled gain mobility, years willingly and dutifully hosted Depart- between $200 million and $1 billion; and and commuters have affordable mass transit ment of Energy, Energy Research and Devel- Whereas such cost is an unconscionable options to get to work; and opment Administration and Atomic Energy burden upon consumers and businesses for an Whereas a well-functioning transportation Commission operations at the current Idaho easily correctable and actually corrected system is critical to America’s security, pro- National Laboratory site; and error, especially when it is within the powers ductivity and global competitiveness; and Whereas both the federal government and of agencies overseeing the report process to Whereas inadequate funding proposals im- the state of Idaho have significant financial diminish these costs by prompt disclosure pede the ability of the U.S. Congress to reach interests in seeing operations at the Idaho and dissemination of revised information; agreement on a long-term bill; now, there- National Laboratory succeed. Now, there- and fore, be it fore, be it Whereas under 15 U.S.C.A. § 764(b)(5), the Resolved by the Senate of the One Hundred Resolved by the members of the First Reg- secretary of energy has the duty to ‘‘pro- Fourth General Assembly of the State of Ten- ular Session of the Fifty-eighth Idaho Legis- mote stability in energy prices to the con- nessee, that the Senate hereby most fer- lature, the House of Representatives and the sumer, promote free and open competition in vently urges and encourages the U.S. Con- Senate concurring therein, that we herewith all aspects of the energy field prevent unrea- gress and the administration to immediately respectfully petition the President and Con- sonable profits . . . and promote free enter- enact a well-funded, multi-year reauthoriza- gress to pledge continued support and pro- prise’’; and tion of federal highway and transit pro- vide sufficient long-term funding to assure Whereas in light of the events of November grams, be it further execution of the federal government’s stated, 24th, the Energy Information Administration Resolved, That enrolled copies of this reso- public record vision for the Idaho National has proposed new policies and procedures lution be transmitted to the President, the Laboratory, allowing this great institution concerning the disclosure and dissemination Vice President, the Secretary of Transpor- to advance, as it is uniquely able to, our col- of revised or corrected information; and tation and to each member of Tennessee’s lective interests in strengthened energy, na- Whereas Congress should act to ensure congressional delegation. tional and economic security for these that the proposed changes promote market United States, be it further fairness and equality by mandating the cor- Resolved, That the Chief Clerk of the House POM–66. A resolution adopted by the Sen- rected information is disclosed and dissemi- of Representatives be, and she is hereby au- ate of the Legislature of the State of Lou- nated rapidly, and that all participants in thorized and directed to forward a copy of isiana relative to Weekly Natural Gas Stor- the natural gas industry markets have the this Memorial to the President of the United age Report procedures; to the Committee on ability to obtain essential information at he States, the Secretary of Energy of the Energy and Natural Resources. same time, therefore, be it United States, the President of the Senate SENATE RESOLUTION NO. 6 Resolved, That the Legislature of Louisiana and the Speaker of the House of Representa- Whereas Louisiana serves as a major en- memorializes the Congress of the United tives of Congress, and the congressional dele- ergy source and hub for the entire nation; States to require Weekly Natural Gas Stor- gation representing the State of Idaho in the and age Report policies and procedures that man- Congress of the United States.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10949 POM–68. A House Joint Memorial adopted high water such as spring runoff, Bear Lake Lake due to nitrates being carried in have by the Legislature of the State of Idaho rel- is the major reservoir for containing flood been documented; and ative to Power Marketing Administrations waters of the Bear River within the Bear Whereas in the event the water had not (PMAs) rates; to the Committee on Energy River Basin. The effects of drought in the been released in the interest of flood control, and Natural Resources. Bear River Basin would be significantly re- it is likely that Bear Lake would now be full HOUSE JOINT MEMORIAL 9 duced in the event alternative storage sites or nearly full. In that event, it is probable were available; and that there would be no need to pump water Whereas Power Marketing Administrations Whereas the Bear River Basin encompasses out of Bear Lake for irrigation because there (PMAs) market electricity generated pri- 7,400 square miles with 2,700 square miles in would be enough capacity to allow the water marily by federal hydropower projects in the state of Idaho. Originating in Utah’s to flow out by gravity, there would be no thirty-three states served by the 1,190 con- Uintah Mountains, the Bear River crosses need to dredge in Bear Lake in that the ele- sumer-owned electric utilities giving pref- state boundaries five times, has tributaries vation of the lake would be high enough to erence to public bodies and cooperatives; and in Idaho, Utah and Wyoming, and ultimately make dredging unnecessary, and an ele- Whereas Bonneville Power Administration discharges into the Great Salt Lake; and vation above 5,911 feet would allow upstream provides a substantial amount of the electric Whereas the Bear River did not naturally storage at the Woodruff Narrows Reservoir; power consumed in Idaho, including the sale divert into Bear Lake. The Utah Sugar Com- and of firm and surplus electric power to Idaho’s pany and the Telluride Power Company first Whereas extremely low levels in Bear Lake investor-owned utilities and directs whole- proposed diversion of the Bear River into could cause a water emergency to be de- sale power to 26 rural electric cooperatives Bear Lake for water storage in 1898. That clared by the state of Utah. The declaration and municipalities in Idaho serving over project was taken over by Utah Power and would lead to closer scrutiny of the natural 250,000 Idaho citizens; and Light Company for the purpose of producing flow rights administered under the inter- Whereas the Administration’s budget pro- hydropower. The project, which included a state accounting system. The lack of ade- poses to sell electric power from PMAs at diversion dam on the Bear River, a canal, quate storage water to supplement natural market rates rather than the current prac- and a pumping station was completed in 1918; flow could result in the curtailment of rights tice of selling at cost-based rates; and and in Idaho; and Whereas the Pacific Northwest region has Whereas a multistate compact between the Whereas if alternate storage sites were experienced a nearly fifty percent increase in states of Idaho, Utah and Wyoming, known available, several hundred thousand acre feet wholesale power rates since the energy crisis as the Bear River Compact, was entered into of water would still be in Bear Lake to miti- of 2001–2002; and in 1958 and amended in 1980. The Compact gate the effects of the drought. Pursuant to Whereas the current federal power program governs the operation of the Bear River and, the Bear River Compact, Idaho is entitled to of cost-based rates ensures that all federal for management purposes, the Compact di- store approximately 125,000 acre feet of water costs, with interest, from the generation, vides the river into three segments. The annually and Utah about 390,000 acre feet an- transmission and sale of federal power are three segments are known as the Upper Divi- nually. Provided adequate storage, this recovered from purchasers through the rates sion, located in Utah and Wyoming, the Cen- water, which is usually available during the charged; and tral Division, located in Wyoming and Idaho, spring runoff, could be stored to prevent any Whereas the proposal contains a projected and the Lower Division, located in Idaho and flooding of the Bear River. The water could rate increase of twenty percent each year Utah. The Bear River Commission, made up then be used for irrigation, domestic and until it totals a one hundred percent in- of three members from each of the Compact commercial development and recreation. A crease, which is an escalation of significant states, a chairman appointed by the Presi- reservoir above Bear Lake would allow magnitude and will severely harm the re- dent of the United States, and an engineer/ chemicals to be neutralized and suspended gion’s businesses and industries, as well as manager, manages the day-to-day operation solids to settle out that are now entering all the residents of the region; and of the river; and Bear Lake. Alternative storage sites would Whereas the budget proposal constitutes a Whereas as a result of two lawsuits against provide for the conservation, preservation thinly disguised tax on the millions of Amer- Utah Power and Light Company during the and best utilization of the water to which icans who purchase power through utilities 1970’s, which claimed damage to crops due to the state is entitled. This storage is des- supplied by PMAs; and flooding along the Bear River, the power perately needed to allow residential, com- Whereas recognizing the true costs of this company is under court order to keep the mercial and municipal development in the proposal and assessing the economic impacts Bear River within its banks. Based on the Bear River drainage without reducing irri- it entails, we find that the proposal is not a court order, in the event the irrigation sea- gated agricultural lands; and prudent choice and should be rejected: Now, son ends with Bear Lake above 5,918 feet in Whereas flood control above Bear Lake therefore, be it elevation, water is released downstream to would make possible a policy that Bear Lake Resolved by the members of the First Regular make room in Bear Lake for the spring run- would be the first to fill and the last to Session of the Fifty-eighth Idaho Legislature, off; and empty. This would provide more water for ir- the House of Representatives and the Senate Whereas since the 1970’s, millions of acre rigation, minimize fluctuations of lake lev- concurring therein, That we urge the Congress feet of water have been released to provide els, improve spawning habitat for Bear Lake to reject the Administration proposal to capacity for flood control. Releases carry the cutthroat trout, provide boat-launching ca- move PMA rates to market rates thereby en- river as well as the surface water removed pability at Idaho state parks, and allow the suring the continued responsible manage- from Bear Lake downstream to the Great filling of Woodruff Narrows Reservoir. Flood ment of power generation, transmission and Salt Lake where the principal beneficiary is control above Bear Lake would greatly ben- sale; and be it further the Great Salt Lake ecosystem. The most re- efit the economy of all three states in the Resolved, That the Chief Clerk of the House cent releases were in 1997, 1998 and 1999; and Bear River drainage; and of Representatives be, and she is hereby au- Whereas lowering the elevation of Bear Whereas the United States Army Corps of thorized and directed to forward a copy of Lake in the Lower Division for flood control Engineers is the federal agency responsible this Memorial to the President of the Senate also impacts water users in the Upper and for flood control. The Corps has indicated a and the Speaker of the House of Representa- Central Divisions. Under the Compact, Wood- willingness to conduct a feasibility study of tives of Congress, the congressional delega- ruff Narrows Reservoir located in the Upper possible water storage sites upstream from tion representing the State of Idaho in the Division is not allowed to fill whenever the Bear Lake which could be used for flood con- Congress of the United States and to the elevation of Bear Lake is below 5,911 feet trol of the Bear River. Costs of the study Secretary of the United States Department above sea level, affecting both ground and could range from $600,000 to $2,000,000 depend- of Energy, Samuel W. Bodman. surface water in that area. In addition, when ing on the areas the study would include. Woodruff Narrows Reservoir is not full, no The study will require an equal match of fed- POM–69. A House Joint Memorial adopted water is available for irrigation in a ten mile eral and nonfederal funds. However, with by the Legislature of the State of Idaho rel- stretch of river in the Central Division leav- congressional approval, past local expendi- ative to a feasibility study by the U.S. Corps ing irrigators in that area without water for tures may be used as the local match; and of Engineers relating to the possibilities, their crops; and Whereas past local expenditures that have benefits, and costs of providing flood control Whereas dredging has been necessary to been made include $174,000 by the state of above Bear Lake; to the Committee on Envi- provide water for irrigation due to low lake Wyoming for the Cokeville Reservoir project ronment and Public Works. levels; and on Smith’s Fork, $350,000 by the State of Wy- HOUSE JOINT MEMORIAL 1 Whereas studies to date have shown that oming for the Bear River Plan and over Whereas the ongoing drought in the state use of Bear Lake for flood control has re- $2,000,000 of state funds from Idaho, Wyo- of Idaho has had a profound impact through- sulted in tons of suspended sediment solids ming, and Utah through the Bear River Com- out the state, including the area of south- to be deposited in the lake during the spring mission for stream gaging; and eastern Idaho known as the Bear River runoff. This is highly detrimental to the eco- Whereas concerned citizens of the Bear Basin. Although inadequate, during times of system. Increases in algae blooms on Bear River drainage, including the Bear Lake

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10950 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 County Commission, the Bear Lake Regional Whereas the CAFTA nations already enjoy sored by Senator Mary Landrieu of Lou- Commission, Bear Lake Watch, Inc., and preferential, duty-free access into the United isiana which would create a ban on ‘‘drive Love Bear Lake, Inc., are asking for Congres- States market for 311,700 metric tons of through’’ mastectomies, in which a woman is sional approval to recognize past expendi- sugar. The United States is presently the forced out of the hospital sometimes only tures as the local match to make the Corps world’s fourth-largest net importer of sugar hours after breast cancer surgery; and of Engineers feasibility study possible: Now, under existing trade agreements and its Whereas this legislation would require in- therefore, be it sugar market is already oversupplied, result- surance companies to cover a 48-hour hos- Resolved by the members of the first Regular ing in our region’s sugarbeet processing com- pital stay for a woman undergoing a mastec- Session of the Fifty-eighth Idaho Legislature, pany recently announcing the temporary tomy and a 24-hour hospital stay for a the House of Representatives and the Senate closure of one of its factories due to the ex- woman undergoing a lymph node dissection; concurring therein, That we respectfully urge isting low sugar marketing allocations for and the Congress of the United States and our United States producers; and Whereas this legislation ensures that a Idaho delegation, as well as the Utah and Whereas the United States International physician and the patient will make a deci- Wyoming delegations in Congress, to sup- Trade Commission in August 2004, concluded sion together regarding staying at a hospital port, work to pass and vote for legislation that the Central American Free Trade following a mastectomy; and that will authorize and fund a feasibility Agreement would actually increase the U.S. Whereas both the American College of Sur- study by the United States Corps of Engi- trade deficit with the region by $100 million geons and the American Medical Association neers relating to the possibilities, benefits a year to $24 billion a year; and have taken the position that most patients and cost of providing flood control above Whereas concerns over free trade agree- require a longer hospital stay than those Bear Lake; and be it further ments face the agriculture industry at a that ‘‘drive-by’’ mastectomies afford; and Resolved, That we urge Congress to allow time when the domestic consumption of Whereas among the groups supporting this and approve past local expenditures, equiva- United States agricultural products is de- legislation are the American Medical Asso- lent to fifty percent of the total cost of the clining, forcing domestic producers out of ciation, the American College of Surgeons, study, as the required local match and that business; and the Association of Women’s Health, the Soci- local expenditures to be allowed and ap- Whereas the state of Idaho stands to lose ety for Advancement of Women’s Health, the proved include $174,000 by the state of Wyo- thousands of jobs and millions of dollars if Susan G. Komen Foundation, and Families ming for the Cokeville Reservoir project on these free trade agreements are imple- USA: Therefore, be it Smith’s Fork, $350,000 by the state of Wyo- mented, potentially devastating the state’s Resolved, That the Legislature of Louisiana ming for the Bear River Plan and $2,000,000 of agricultural industry, moving production memorializes the Congress of the United state funds from Idaho, Wyoming, and Utah into other supply-sensitive crops, and se- States to enact the Breast Cancer Patient for stream gaging; and be it further verely harming the state’s economy as a Protection Act; and be it further Resolved, That the Chief Clerk of the House whole; and Resolved, That a copy of this Resolution of Representatives be, and she is hereby au- Whereas the economic impact of any trade shall be transmitted to the secretary of the thorized and directed to forward a copy of agreement must be recognized and consid- United States Senate and the clerk of the this Memorial to the President of the Senate ered to maintain viable economic health of United States House of Representatives and and the Speaker of the House of Representa- agricultural industries, as well as all indus- to each member of the Louisiana delegation tives of Congress, and the congressional dele- tries, with an emphasis on fair trade, rather to the United States Congress. gations representing the states of Idaho, than free trade; and Utah and Wyoming in the Congress of the Whereas the provisions of CAFTA and POM–72. A resolution adopted by the House United States. FTAA should be renegotiated to limit ex- of Representatives of the General Assembly ports from foreign countries to a needs-based of the Commonwealth of Pennsylvania rel- POM–70. A House Joint Memorial adopted access, allowing the United States agricul- ative to ‘‘Amyotrophic Lateral Sclerosis by the Legislature of the State of Idaho rel- tural policy to properly function and fairly Awareness Month’’, to the Committee on ative to the Central America Free Trade treat agricultural producers in the United Health, Education, Labor, and Pensions. Agreement (CAFTA) and the Free Trade States: Now, therefore, be it HOUSE RESOLUTION 225 Area of the Americas (FTAA); to the Com- Resolved by the members of the First Regular Whereas Amyotrophic Lateral Sclerosis mittee on Finance. Session of the Fifty-eighth Idaho Legislature, (ALS) is better known as Lou Gehrig’s dis- Whereas the state of Idaho is very diversi- the House of Representatives and the Senate ease; and fied in its agricultural production; and concurring therein, That in negotiating any Whereas ALS is a fatal neurodegenerative Whereas in January 2002, the federal gov- national trade agreements, the federal gov- disease characterized by degeneration of cell ernment announced that it was initiating ne- ernment is urged to recognize the economic bodies of the lower motor neurons in the gotiations on a free trade agreement involv- impact of such trade agreements on the gray matter of the anterior horns of the spi- ing the countries of El Salvador, Guatemala, states and consider those impacts in order to nal cord; and Honduras and Nicaragua. These negotiations maintain the viable economic health of agri- Whereas the initial symptom of ALS is concluded in December 2003. Negotiations cultural industries, as well as all industries, weakness of the skeletal muscles, especially with Costa Rica and the Dominican Republic with an emphasis on fair trade, rather than those of the extremities; and were subsequently completed and are now in- free trade, and be it further Whereas as ALS progresses, the patient ex- cluded in the agreement. Congress must now Resolved, That the federal government is periences difficulty in swallowing, talking decide whether to ratify the Central America urged to renegotiate the provisions of and breathing; and Free Trade Agreement (CAFTA); and CAFTA and the FTAA to limit exports from Whereas ALS eventually causes muscles to Whereas the federal government is also ne- the involved foreign countries to fairly pro- atrophy, and the patient becomes a func- gotiating the Free Trade Area of the Amer- tect agricultural producers in the United tional quadriplegic; and icas (FTAA) agreement; and States; and be it further Whereas both CAFTA and the FTAA would Whereas ALS does not affect a patient’s Resolved, That the Chief Clerk of the House allow these foreign countries to export com- mental capacity, so a patient remains alert of Representatives be, and she is hereby au- modities to the United States, harming and aware of the loss of motor functions and thorized and directed to forward a copy of Idaho agricultural industry in the process; the inevitable outcome of continued deterio- this Memorial to the President of the Senate and ration and death; and and the Speaker of the House of Representa- Whereas the agricultural producers of the Whereas ALS occurs in adulthood, most tives of Congress, and the congressional dele- United States cannot be expected to compete commonly between 40 and 70 years of age, gation representing the State of Idaho in the with these foreign countries under the trade with the peak at about 55 years of age, and Congress of the United States. agreements due to the labor practices, lack affects men two to three times more often of environmental regulations and subsidized than women; and POM–71. A resolution adopted by the Sen- agricultural production of these foreign Whereas more than 5,000 new ALS patients ate of the Legislature of the State of Lou- countries; and are diagnosed annually; and isiana relative to the Breast Cancer Patient Whereas sugar is an import-sensitive com- Whereas on average, patients diagnosed Protection Act; to the Committee on Health, modity which will be negatively impacted by with ALS survive two to five years from the Education, Labor, and Pensions. CAFTA. Idaho is our nation’s second-largest time of diagnosis; and producer of sugarbeets and a recent Univer- SENATE RESOLUTION 10 Whereas ALS has no known cause, preven- sity of Idaho study concludes that the de- Whereas individuals and organizations, in- tion or cure; and mise of the sugar industry in the state would cluding many congressmen, have been fight- Whereas ‘‘Amyotrophic Lateral Sclerosis also have a serious impact on market prices ing for access to quality health care for a (ALS) Awareness Month’’ will increase pub- relating to other Idaho crops such as pota- women since 1996; and lic awareness of ALS patients’ cir- toes and onions which would be grown in Whereas the Breast Cancer Patient Protec- cumstances, acknowledge the terrible im- place of sugarbeets; and tion Act is bi-partisan legislation co-spon- pact this disease has on patients and families

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and recognize the research for treatment and (6) Providing states with much greater HOUSE CONCURRENT RESOLUTION 3017 cure of ALS: Therefore, be it flexibility to meet the objectives of the ade- Whereas the Legislative Assembly finds Resolved, That the House of Representa- quate yearly progress provisions of the Act; that the state of North Dakota has compel- tives of the Commonwealth of Pennsylvania and ling and paramount interest in the preserva- recognize the month of May 2005 as Whereas although the Act aims to provide tion and protection of the life of all human ‘‘Amyotrophic Lateral Scerosis (ALS) flexibility for states to improve academic beings; and Awareness Month’’ in Pennsylvania; and be achievement and to close the achievement Whereas the Legislative Assembly finds if further gap, the task force found that little flexi- that the life of a human being should be pro- Resolved, That the House of Representa- bility has been granted to states to imple- tected at every stage of biological develop- tives urge the President and Congress of the ment the Act: Now, therefore, be it ment; and United States to enact legislation to provide Resolved, by the House of Representatives of Whereas the Legislative Assembly finds additional funding for ALS research, and be the Twenty-third Legislature of the State of Ha- that abortion procedures impose significant it further, waii, Regular Session of 2005, the Senate con- risks to the health and life of a pregnant Resolved, That copies of this resolution be curring, That the United States Congress is mother, including subjecting her to signifi- transmitted to the President of the United respectfully requested to amend the No Child cant risk of severe depression, suicidal idea- States, to the Vice President of the United Left Behind Act of 2001 according to the rec- tion, suicide, attempted suicide, posttrau- States, to the Speaker of the House of Rep- ommendations of the February 2005 Final matic stress disorders, physical injury, and a resentatives, to the members of Congress Report of the National Conference of State greater risk of death than risks associated from Pennsylvania and to the United States Legislatures’ Task Force on No Child Left with carrying the unborn child to full term Secretary of Health and Human Services. Behind; and be it further and childbirth; and Resolved, That the current law and any re- Whereas the inalienable right to life is POM–73. A concurrent resolution adopted visions thereof recognize that under our fed- found not only in the Declaration of Inde- by the House of Representatives and the Sen- eral system of government, education is pri- pendence but also in the Constitution of the ate of the Legislature of the State of Hawaii marily a state and local responsibility; and United States which the senators and rep- relative to the No Child Left Behind Act of be it further resentatives of Congress, the members of the 2001; to the Committee on Health, Education, Resolved, That Congress is requested to several state legislatures, and all federal and Labor, and Pensions. allow states more flexibility to continue to state executive and judicial officers are HOUSE CONCURRENT RESOLUTION work toward the goal of closing the achieve- sworn to preserve, protect, and defend; and Whereas in 2002, the No Child Left Behind ment gap without the threat of losing federal Whereas the 5th and 14th Amendments to Act of 2001 was enacted on a bipartisan basis funds; and be it further the Constitution of the United States guar- and signed into law by President George W. Resolved, That Congress is requested to ap- antee that no person may be deprived of life Bush; and propriate federal funding in amounts con- without due process of law; and Whereas all states that accept federal Title sistent with the levels authorized in the Act Whereas Congress has the power and re- I education funds, including Hawaii, are sub- for education programs and expanded infor- sponsibility to enforce the guarantees con- ject to the requirements of the Act; and mation systems needed to accurately reflect tained in the 5th, 13th, and 14th Amendments Whereas the purpose of the Act is to com- student, school, and school district perform- to the Constitution of the United States of pel all public schools to make adequate year- ance and to pay the costs of ensuring student America, which guarantee to all persons the ly progress toward the goal of 100 percent proficiency; and be it further right not to be deprived of life without due student proficiency in math and reading by Resolved, That Congress is requested to au- process of law, the right to the equal protec- 2013–2014; and thorize appropriate assessment methods and tion of the law, and the right to be free from Whereas these expectations are unreason- an alternative methodology for determining involuntary servitude and the power to en- able for students with limited English pro- adequate yearly progress targets and force such guarantees include the power to ficiency and students with disabilities, mak- progress for students who are not yet pro- expand the definition of persons entitled to ing it impossible for many of Hawaii’s ficient in English and who have certain dis- such guarantees; and schools, that have a high population of these abilities; and be it further Whereas abortion is a deprivation of the students, to comply with the law; and Resolved, That Congress is requested to right to life and the right to the equal pro- Whereas the Act does not allow states that amend the No Child Left Behind Act’s cur- tection of the law and is the ultimate mani- may already have successful accountability rent provisions relating to adequate yearly festation of the involuntary servitude of one systems in place to use their system to com- progress to apply sanctions only when the human being to another: Now, therefore, be ply with the spirit of the Act; and same groups or subgroups within a grade it Whereas states should be allowed to use a level fail to meet adequate yearly progress Resolved, by the House of Representatives of value-added or student growth approach in targets in the same subject area for two con- North Dakota, the Senate concurring therein, their state accountability plan; and secutive years; and be it further That the Fifty-ninth Legislative Assembly Whereas the Act is an under-funded man- Resolved, That Congress is requested to strongly urges the Congress of the United date that causes states and school districts amend the Act to allow flexibility in: States to pass and all state executive and ju- to spend more money than the amounts ap- (1) Determining adequate yearly progress dicial officers to support an amendment to propriated by Congress to implement the using models that measure individual stu- the Constitution of the United States recog- Act; and dent growth or growth in the same cohort of nizing that the inalienable right to life is Whereas the Act coerces participation by students from year to year; vested in each human being and guaran- placing punitive financial consequences on (2) Calculating adequate yearly progress teeing that no human being may be deprived states that refuse to participate; and for students belonging to multiple groups the equal protection of the law without due Whereas in 2004, the National Conference of and subgroups; and process; and be it further State Legislatures created a bipartisan task (3) Determining whether certain categories Resolved, That the Secretary of State for- force to study the Act, resulting in sugges- of teachers, such as special education teach- ward copies of this resolution to each mem- tions for specific changes to make the Act ers, are highly qualified; and be it further ber of the North Dakota Congressional Dele- more workable, more responsive to vari- Resolved, That Congress is requested to gation, the Speaker of the United States ations among the states, and more effective modify the No Child Left Behind Act’s provi- House of Representatives, the President of in improving elementary education; and sions relating to school choice by limiting the United States Senate, the Governor of Whereas the recommendations of the task the option only to those students whose per- North Dakota, and the Chief Justice of the force’s February 2005 Final Report include formance is consistently below the pro- North Dakota Supreme Court. the following: ficiency level; and be it further (1) Substantially increasing federal fund- Resolved, That certified copies of this Con- POM–75. A resolution adopted by the House ing for the Act; current Resolution be transmitted to the of Representatives of the General Assembly (2) Reexamining the financial con- President of the United States, the President of the Commonwealth of Pennsylvania rel- sequences for states that choose not to par- and Secretary of the United States Senate, ative to the Republic of Poland and the ticipate; the Speaker and Clerk of the United States United States Department of State’s Visa (3) Reevaluating the 100 percent pro- House of Representatives, and members of Waiver Program; to the Committee on the ficiency goal established by the Act; Hawaii’s congressional delegation. Judiciary. (4) Conducting a Government Account- Whereas the Republic of Poland is a free, ability Office study of the compliance and POM–74. A concurrent resolution adopted democratic and independent nation; and proficiency costs associated with the Act; by the Legislature of the State of North Da- Whereas in 1999 the United States and the (5) Giving the Individuals with Disabilities kota relative to a human life amendment to Republic of Poland became formal allies Education Act primacy over the Act in cases the Constitution of the United States; to the when Poland was granted membership in the where these laws may conflict; and Committee on the Judiciary. North Atlantic Treaty Organization; and

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10952 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 Whereas the Republic of Poland has proven the efforts of Idaho’s congressional delega- POM–86. A resolution adopted by the Bor- to be an indispensable ally in the global tion in their representation of downwinders ough of Maywood, State of New Jersey rel- campaign against terrorism; and in Idaho: Now, therefore, be it ative to cloture rules adopted by the United Whereas the Republic of Poland has ac- Resolved by the members of the First Regular States Senate; to the Committee on Rules tively participated in Operation Iraqi Free- Session of the Fifty-eighth Idaho Legislature, and Administration. dom and the Iraqi reconstruction, shedding the House of Representatives and the Senate f blood along with American soldiers; and concurring therein, That we anticipate the Whereas the President of the United States findings of the National Academy of REPORTS OF COMMITTEES and other high-ranking officials have de- Sciences will verify the impact of testing on The following reports of committees scribed the Republic of Poland as ‘‘one of our residents of Idaho, and we conclude that it is were submitted: closest friends’’; and appropriate to compensate these Whereas on April 15, 1991, the Republic of downwinders in the same manner and to the By Ms. COLLINS, from the Committee on Poland unilaterally repealed the visa obliga- same extent as those individuals previously Homeland Security and Governmental Af- tion to United States citizens traveling to compensated for similar exposures. We urge fairs, with an amendment in the nature of a Poland; and the members of Idaho’s congressional delega- substitute: S. 21. A bill to provide for homeland secu- Whereas the United States Department of tion to continue in their endeavors on behalf rity grant coordination and simplification, State’s Visa Waiver Program currently al- of Idaho’s citizens; and be it further and for other purposes (Rept. No. 109–71). lows approximately 23 million citizens from Resolved, That the Chief Clerk of the House 27 countries to travel to the United States of Representatives be, and she is hereby au- f for tourism or business for up to 90 days thorized and directed to forward a copy of INTRODUCTION OF BILLS AND this Memorial to the President of the Senate without having to obtain visas for entry; and JOINT RESOLUTIONS Whereas the countries that currently par- and the Speaker of the House of Representa- ticipate in the Visa Waiver Program include tives of Congress, and the congressional dele- The following bills and joint resolu- Andorra, Australia, Austria, Belgium, gation representing the State of Idaho in the tions were introduced, read the first Brunei, Denmark, Finland, France, Ger- Congress of the United States. and second times by unanimous con- many, Iceland, Ireland, Italy, Japan, Liech- sent, and referred as indicated: tenstein, Luxembourg, Monaco, the Nether- POM–77. A resolution adopted by the Board lands, New Zealand, Norway, Portugal, San of the Town of Brookhaven of the State of By Mr. CONRAD (for himself, Mr. ROB- Marino, Singapore, Slovenia, Spain, Sweden, New York relative to the opposition of the ERTS, Mr. HARKIN, and Mr. NELSON of Switzerland and the United Kingdom; and elimination of the Community Development Nebraska): S. 1108. A bill to amend title XVIII of the Whereas it is appropriate that the Republic Block Grant Program (CDBG); to the Com- Social Security Act to make improvements of Poland be made eligible for the United mittee on Banking, Housing, and Urban Af- to payments to ambulance providers in rural States Department of State’s Visa Waiver fairs. areas, and for other purposes; to the Com- Program: Therefore, be it mittee on Finance. Resolved, That the House of Representa- POM–78. A resolution adopted by the By Mr. LOTT (for himself, Mr. DAYTON, tives of the Commonwealth of Pennsylvania Mayor and City Council of Atlanta, Georgia Mr. SESSIONS, Mr. SCHUMER, Mr. JEF- respectfully urge the President and Congress relative to proposed cuts in Community De- velopment Block Grant Funds (CDBG); to FORDS, Mr. HARKIN, and Mr. LEAHY): of the United States to make the Republic of S. 1109. A bill to amend title XVIII of the Poland eligible for the United States Depart- the Committee on Banking, Housing, and Urban Affairs. Social Security Act to provide payments to ment of State’s Visa Waiver Program; and be Medicare ambulance suppliers of the full it further POM–79. A resolution adopted by the City cost of furnishing such services, to provide Resolved, That copies of this resolution be payments to rural ambulance providers and transmitted to the President of the United of Pembroke Pines, Florida relative to the Community Development Block Grant Pro- suppliers to account for the cost of serving States, to the presiding officers of each areas with low population density, and for house of Congress, to the member of Con- gram (CDBG); to the Committee on Banking, Housing, and Urban Affairs. other purposes; to the Committee on Fi- gress from Pennsylvania and to Przemyslaw nance. Grudzinski, Ambassador of the Republic of POM–80. A resolution adopted by the Cali- By Mr. ALLEN (for himself, Mr. Poland to the United States. fornia State Lands Commission relative to PRYOR, and Mr. SANTORUM): the lifting of the Federal Moratorium on Oil S. 1110. A bill to amend the Federal Haz- POM–76. A joint resolution adopted by the and Gas Leasing off the California Coast; to ardous Substances Act to require engine Legislature of the State of Idaho relative to the Committee on Environment and Public coolant and antifreeze to contain a bittering the Radiation Exposure Compensation Act Works. agent in order to render the coolant or anti- (RECA); to the Committee on the Judiciary. freeze unpalatable; to the Committee on Whereas on October 15, 1990, Congress POM–81. A resolution adopted by Hudson Commerce, Science, and Transportation. passed the Radiation Exposure Compensa- County (New Jersey) Board of Chosen By Mr. HATCH (for himself, Mr. BEN- tion Act (RECA), which provides for compas- Freeholders relative to the Passaic River NETT, and Mr. ALLARD): sionate payments to persons or to their Restoration Initiative; to the Committee on S. 1111. A bill to promote oil shale and tar beneficiaries who developed diseases as a re- Environment and Public Works. sand development, and for other purposes; to sult of exposure to radiation from U.S. at- the Committee on Finance. mospheric nuclear weapons testing; and POM–82. A resolution adopted by the By Mr. GRASSLEY (for himself, Mr. Whereas currently, a study is underway by Mayor and Council of the Town of Harrison, BAUCUS, Mr. SMITH, Mr. WYDEN, Mr. the National Academy of Sciences and a re- Hudson County, New Jersey, relative to the MCCONNELL, Mr. JEFFORDS, Mr. LOTT, port will be filed with Congress to address Passaic River Restoration Initiative; to the Mr. SCHUMER, Mr. KERRY, Mr. BINGA- the adequacy of the initial geographic cov- Committee on Environment and Public MAN, Mr. ROCKEFELLER, Mrs. LIN- erage provided in RECA; and Works. COLN, Ms. LANDRIEU, Mr. CORZINE, Whereas compelling anecdotal evidence Mr. TALENT, and Mr. HAGEL): has been accumulated at public meetings and POM–83. A resolution adopted by the S. 1112. A bill to make permanent the en- in written reports, to indicate the impact of Macomb County Board of Commissioners of hanced educational savings provisions for atmospheric testing on the downwinder pop- the State of Michigan relative to the Social qualified tuition programs enacted as part of ulations in Idaho; and Security program; to the Committee on Fi- the Economic Growth and Tax Relief Rec- Whereas preliminary evidence suggests nance. onciliation Act of 2001; to the Committee on that scientific documentation being gath- Finance. ered and assessed for inclusion in the report POM–84. A resolution adopted by the Board By Mr. GRASSLEY (for himself, Mr. will find that risk factors present in Idaho of Directors of the New Jersey Association of LOTT, Mr. SANTORUM, and Mr. EN- equal or exceed the factors present in areas Counties relative to Perkins Funding; to the SIGN): previously included in RECA coverage; and Committee on Health, Education, Labor, and S. 1113. A bill to provide that no Federal Whereas members of Idaho’s congressional Pensions. funds may be expended for the payment or delegation have worked and will continue to reimbursement of a drug that is prescribed press for responsible legislative action to ad- POM–85. A resolution adopted by the Board for the treatment of sexual or erectile dys- dress the claims of Idahoans based upon radi- of Directors of the New Jersey Association of function; to the Committee on Finance. ation exposure; and Counties relative to the Community Devel- By Mr. MCCAIN (for himself and Mr. Whereas it is appropriate that members of opment Block Grant Program (CDBG); to the STEVENS): the Idaho Legislature, speaking on behalf of Committee on Health, Education, Labor, and S. 1114. A bill to establish minimum drug the citizens of the state, express support for Pensions. testing standards for major professional

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10953 sports leagues; to the Committee on Com- provide incentive grants to improve S. 843 merce, Science, and Transportation. the quality of child care. At the request of Mr. SANTORUM, the By Ms. MURKOWSKI (for herself and S. 603 names of the Senator from Minnesota Mr. JOHNSON): At the request of Ms. LANDRIEU, the (Mr. COLEMAN) and the Senator from S. 1115. A bill to amend the Internal Rev- enue Code of 1986 to allow Indian tribes to re- name of the Senator from Florida (Mr. Maine (Ms. COLLINS) were added as co- ceive charitable contributions of inventory; MARTINEZ) was added as a cosponsor of sponsors of S. 843, a bill to amend the to the Committee on Finance. S. 603, a bill to amend the Consumer Public Health Service Act to combat f Credit Protection Act to assure mean- autism through research, screening, ingful disclosures of the terms of rent- intervention and education. ADDITIONAL COSPONSORS al-purchase agreements, including dis- S. 914 S. 300 closures of all costs to consumers At the request of Mr. ALLARD, the At the request of Ms. COLLINS, the under such agreements, to provide cer- name of the Senator from Kansas (Mr. name of the Senator from Colorado tain substantive rights to consumers BROWNBACK) was added as a cosponsor (Mr. SALAZAR) was added as a cospon- under such agreements, and for other of S. 914, a bill to amend the Public sor of S. 300, a bill to extend the tem- purposes. Health Service Act to establish a com- porary increase in payments under the S. 627 petitive grant program to build capac- medicare program for home health At the request of Mr. HATCH, the ity in veterinary medical education services furnished in a rural area. names of the Senator from Massachu- and expand the workforce of veterinar- S. 333 setts (Mr. KENNEDY), the Senator from ians engaged in public health practice Nevada (Mr. ENSIGN), the Senator from At the request of Mr. SANTORUM, the and biomedical research. names of the Senator from South Da- California (Mrs. BOXER) and the Sen- S. 1022 ator from West Virginia (Mr. ROCKE- kota (Mr. JOHNSON) and the Senator At the request of Mrs. LINCOLN, the FELLER) were added as cosponsors of S. from Missouri (Mr. TALENT) were added name of the Senator from Indiana (Mr. 627, a bill to amend the Internal Rev- as cosponsors of S. 333, a bill to hold BAYH) was added as a cosponsor of S. enue Code of 1986 to permanently ex- the current regime in Iran accountable 1022, a bill to amend the Internal Rev- tend the research credit, to increase for its threatening behavior and to sup- enue Code of 1986 to allow for an energy the rates of the alternative incre- port a transition to democracy in Iran. efficient appliance credit. mental credit, and to provide an alter- S. 1055 S. 438 native simplified credit for qualified At the request of Mr. ENSIGN, the At the request of Mr. DODD, his name research expenses. was added as a cosponsor of S. 1055, a names of the Senator from Rhode Is- S. 633 land (Mr. CHAFEE) and the Senator bill to improve elementary and sec- At the request of Mr. JOHNSON, the ondary education. from Nebraska (Mr. NELSON) were name of the Senator from Missouri S. 1063 added as cosponsors of S. 438, a bill to (Mr. TALENT) was added as a cosponsor At the request of Mr. NELSON of Flor- amend title XVIII of the Social Secu- of S. 633, a bill to require the Secretary ida, the name of the Senator from rity Act to repeal the medicare out- of the Treasury to mint coins in com- Maine (Ms. SNOWE) was added as a co- patient rehabilitation therapy caps. memoration of veterans who became sponsor of S. 1063, a bill to promote and S. 440 disabled for life while serving in the enhance public safety and to encourage At the request of Mr. BUNNING, the Armed Forces of the United States. the rapid deployment of IP-enabled name of the Senator from North Da- S. 685 voice services. kota (Mr. CONRAD) was added as a co- At the request of Mr. AKAKA, the sponsor of S. 440, a bill to amend title name of the Senator from Illinois (Mr. S. 1064 At the request of Mr. COCHRAN, the XIX of the Social Security Act to in- OBAMA) was added as a cosponsor of S. clude podiatrists as physicians for pur- 685, a bill to amend title IV of the Em- name of the Senator from North Da- poses of covering physicians services ployee Retirement Income Security kota (Mr. DORGAN) was added as a co- under the medicaid program. Act of 1974 to require the Pension Ben- sponsor of S. 1064, a bill to amend the Public Health Service Act to improve S. 451 efit Guaranty Corporation, in the case of airline pilots who are required by stroke prevention, diagnosis, treat- At the request of Mr. AKAKA, the ment, and rehabilitation. name of the Senator from New Jersey regulation to retire at age 60, to com- S. 1067 (Mr. LAUTENBERG) was added as a co- pute the actuarial value of monthly At the request of Mrs. LINCOLN, the sponsor of S. 451, a bill to amend the benefits in the form of a life annuity name of the Senator from North Da- Animal Welfare Act to ensure that all commencing at age 60. kota (Mr. CONRAD) was added as a co- dogs and cats used by research facili- S. 713 sponsor of S. 1067, a bill to require the ties are obtained legally. At the request of Mr. ROBERTS, the name of the Senator from Mississippi Secretary of Health and Human Serv- S. 467 (Mr. COCHRAN) was added as a cospon- ices to undertake activities to ensure At the request of Mr. DODD, the name sor of S. 713, a bill to amend the Inter- the provision of services under the of the Senator from North Dakota (Mr. nal Revenue Code of 1986 to provide for PACE program to frail elders living in CONRAD) was added as a cosponsor of S. collegiate housing and infrastructure rural areas, and for other purposes. 467, a bill to extend the applicability of grants. S. 1075 the Terrorism Risk Insurance Act of S. 811 At the request of Mr. THUNE, the 2002. At the request of Mr. DURBIN, the names of the Senator from Montana S. 470 name of the Senator from New Jersey (Mr. BURNS) and the Senator from Mon- At the request of Mr. DODD, the name (Mr. LAUTENBERG) was added as a co- tana (Mr. BAUCUS) were added as co- of the Senator from Rhode Island (Mr. sponsor of S. 811, a bill to require the sponsors of S. 1075, a bill to postpone CHAFEE) was added as a cosponsor of S. Secretary of the Treasury to mint the 2005 round of defense base closure 470, a bill to amend the Public Health coins in commemoration of the bicen- and realignment. Service Act to expand the clinical tennial of the birth of Abraham Lin- S. 1076 trials drug data bank. coln. At the request of Mrs. LINCOLN, the S. 526 S. 836 name of the Senator from Arkansas At the request of Mr. REED, the name At the request of Ms. CANTWELL, the (Mr. PRYOR) was added as a cosponsor of the Senator from Illinois (Mr. DUR- name of the Senator from California of S. 1076, a bill to amend the Internal BIN) was added as a cosponsor of S. 526, (Mrs. FEINSTEIN) was added as a co- Revenue Code of 1986 to extend the ex- a bill to amend the Child Care and De- sponsor of S. 836, a bill to require accu- cise tax and income tax credits for the velopment Block Grant Act of 1990 to rate fuel economy testing procedures. production of biodiesel.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10954 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 S. 1103 traveling through rural areas—are left cent. Is it any wonder we rely on for- At the request of Mr. BAUCUS, the without access to emergency services. eign countries for more than half our names of the Senator from New Jersey Due to the inadequacy of Medicare re- oil needs? We import 56 percent of our (Mr. CORZINE), the Senator from West imbursement, rural ambulance pro- oil today, and it’s projected to be 68 Virginia (Mr. ROCKEFELLER) and the viders are also finding it difficult to percent within 20 years. Senator from Missouri (Mr. TALENT) maintain the heightened ‘‘readiness re- On a larger scale, global demand for were added as cosponsors of S. 1103, a quirement,’’ exposing communities to oil is growing at an unprecedented bill to amend the Internal Revenue the threat of being ill-prepared to re- pace—about two and half million bar- Code of 1986 to repeal the individual al- spond to a major public health emer- rels per day in 2004 alone. However, ternative minimum tax. gency. while global oil production is increas- S. 1105 My legislation will take steps to im- ing, the discovery of new oil reserves is falling dramatically. Moreover, trends At the request of Mr. DODD, the name prove the EMS system by eliminating of the Senator from Connecticut (Mr. the 35-mile rule for ambulance services indicate that the global thirst for pe- troleum will continue to grow, espe- LIEBERMAN) was added as a cosponsor that provide care in communities cially in Asia. of S. 1105, a bill to amend title VI of served by Critical Access Hospitals. In Last month, Federal Reserve Chair- the Higher Education Act of 1965 re- addition, it will establish an ambu- lance-specific definition of ‘‘urban’’ man Alan Greenspan stated, ‘‘Markets garding international and foreign lan- for oil and natural gas have been sub- guage studies. and ‘‘rural’’ for Medicare reimburse- ment. Moreover, my legislation will ject to a degree of strain over the past S. 1107 provide $15 million in funds to be used year not experienced for a generation. At the request of Mr. ENZI, the names for a variety of activities aimed at im- Increased demand and lagging addi- of the Senator from Tennessee (Mr. proving the rural EMS system. Finally, tions to productive capacity have com- ALEXANDER) and the Senator from Con- it will expand the Universal Service bined to absorb a significant amount of necticut (Mr. DODD) were added as co- Fund’s definition of ‘‘health care pro- the slack in energy markets that was sponsors of S. 1107, a bill to reauthorize vider’’ to include ‘‘ambulance serv- essential in containing energy prices the Head Start Act, and for other pur- ices.’’ between 1985 and 2000.’’ poses. We are quickly heading into a global It is important to assure that rural energy crunch, and our lack of suffi- S.J. RES. 14 Americans receive the best emergency cient oil supply at home will give us At the request of Mr. BROWNBACK, the medical services possible. This is espe- little or no buffer against it. Increasing name of the Senator from Oklahoma cially important to me because 54 per- our domestic oil reserve is imperative (Mr. COBURN) was added as a cosponsor cent of North Dakotans live in rural both from an economic and a national of S.J. Res. 14, a joint resolution pro- communities, served largely by unpaid security perspective. viding for the recognition of Jerusalem volunteer emergency personnel. In as the undivided capital of Israel before I am pleased to report to my col- fact, only 10 percent receive compensa- leagues today that a solution is avail- the United States recognizes a Pales- tion for their services. In recent years, tinian state, and for other purposes. able. rural ambulance services have found it It is a little known fact that the larg- f difficult to recruit and retain EMS per- est hydrocarbon resource in the world STATEMENTS ON INTRODUCED sonnel. Congress must take steps to en- rests within the borders of Utah, Colo- BILLS AND JOINT RESOLUTIONS sure that every American has access to rado, and Wyoming. I know it may be quality emergency care. The RAES Act hard to believe, but energy experts By Mr. CONRAD (for himself, Mr. would do just that by improving reim- agree that there is more recoverable ROBERTS, Mr. HARKIN, and Mr. bursement, increasing collaboration oil in these three States than there is NELSON of Nebraska): among healthcare entities, and allow- in all the Middle East. In fact, the U.S. S. 1108. A bill to amend title XVIII of ing EMS providers to collect quality Department of Energy estimates that the Social Security Act to make im- data. recoverable oil shale in the western provements to payments to ambulance The EMS bill will provide improved United States exceeds one trillion bar- providers in rural areas, and for other healthcare and better access to EMS rels and is the richest and most geo- purposes; to the Committee on Fi- for the 49 million Americans living in graphically concentrated oil shale and nance. rural areas, and I urge my colleagues tar sands resource in the world. Mr. CONRAD. Mr. President, today I to support this essential legislation. This gigantic resource of oil shale am introducing the Rural Access to and tar sands is well known by geolo- Emergency Services (RAES) Act, which By Mr. HATCH (for himself, Mr. gists and energy experts, but it has not will improve access to emergency med- BENNETT, and Mr. ALLARD): been counted among our Nation’s oil ical services (EMS) in rural commu- S. 1111. A bill to promote oil shale reserve because it is not yet being de- nities. This bill will take the critical and tar sand development, and for veloped commercially. Companies have steps to help sustain rural emergency other purposes; to the Committee on been waiting for the Federal Govern- care in the future. Finance. ment to recognize publicly the exist- EMS is a vital component of the Mr. HATCH. Mr. President, I rise ence of this resource as a potential re- health care system, particularly in today to introduce the Oil Shale and serve and to allow industry access to rural areas. Ambulance personnel are Tar Sands Development Act of 2005. In it. not only the first responders to an doing so, I would like to thank Senator This bill would give them that emergency, but also play a key role in ROBERT BENNETT and Senator WAYNE chance. the provision of life-saving medical ALLARD for cosponsoring this legisla- Some might ask why we have not yet care. It is said that time is one of the tion. developed these resources if doing so most important factors relating to pa- It could not be any more apparent to could have such a profound economic tient outcomes in emergency situa- Americans when we pay to fill up our potential? tions. Rural EMS providers often have cars that this country is in need of a I understand why we have been so the enormous strain of responding to strong, comprehensive energy strategy. hesitant to develop this resource in the emergencies many miles away—some- Our citizens recognize that there is a past. During the 1970s, we saw a very times nearly 50 minutes. However, cur- shortage of petroleum, and that that large and expensive effort begin in rent reimbursement levels are insuffi- shortage is driving up prices. western Colorado to develop oil shale cient for the squads to bear the costs of American consumers have increased there. When the price of oil dropped responding to calls over these long dis- their demand for oil by 12 percent in dramatically, though, the market for tances. As rural EMS squads are forced the last decade, but oil production has oil shale went bust and the region suf- to close, rural residents—and others grown by less than one half of one per- fered an economic disaster.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10955 We should never forget that experi- ferent world than when these resources economy. As a parent, or grandparent, ence. were first developed. Unlike 30 years you know that providing your children Much has changed since the 1970s, ago, we now have the Clean Water Act, with a college education means they and it would be senseless to continue the Clean Air Act, the Resource Con- are likely to earn substantially more to ignore the huge potential of this re- servation and Recovery Act, the Com- than if they only have a high school de- source. I think there has been a mind prehensive Environmental Response, gree. One study estimated a million set within the government and the Compensation, and Liability Act, the dollars more in today’s dollars. local communities resulting from the National Environmental Policy Act, College is a good investment, but a Colorado boom and bust experience and the Mining Reclamation Act. Also, very expensive one. The cost of tuition that developing this resource would be new technologies make the effort much is rising every year. Over the past ten risky. The fact is, developing this en- cleaner and require less water than in years, expenses at public universities ergy resource is no more risky than the past. Industry understands that have increased nearly 40 percent. The producing oil offshore or in the Arctic. any water it needs will have to be ac- U.S. Department of Education says the It is certainly less risky than con- quired according to State law and ac- average cost of a four-year education is tinuing to rely on oil from the Middle cording to existing water rights. currently $34,000 and almost $90,000 for East or from other foreign competitors. Let me talk, for a moment, about the private colleges. We need to remember that our past specific provisions in our bill. S. 1111 In 1996, Congress created 529 plans to failure in this area was not necessarily would establish an Office of Strategic help families plan for this expense. a failure of technology, but rather an Fuels tasked with, among other things, Since their inception, 529 plans have inability to sustain this technology the development of a five-year plan to helped families’ college savings grow economically because of a very large determine the safest and steadiest faster by not taxing investment income slump in gas prices. Today’s economics route to developing oil shale and tar while it is accumulating in the ac- and advances in technology combine to sands. The bill would also establish a count. In 2001, we saw a need to do provide the right scenario to begin the mineral leasing program in the Depart- more to help families deal with sky- development of the world’s largest un- ment of the Interior to provide access rocketing costs, so we allowed tax-free tapped oil resource. to this resource. distributions from the account, as long Skeptics might ask how we know Recognizing the tremendous national as the money goes for its intended pur- that the price of oil won’t plummet, interest in this resource, our legisla- pose—post-secondary education ex- causing the problems of the 1970s all tion provides a number of programs to penses. This income exclusion will ex- over again? The world is now reaching encourage oil shale and tar sands de- pire after 2010 if we don’t do something about it. peak oil production of conventional oil. velopment, including Federal royalty There are a lot of provisions that will With the tremendous growth in India relief, Federal cost shares for dem- and Asia, and the accompanying need expire in 2010—so why focus on this one onstration projects, advanced procure- provision today? Because saving for for oil, experts predict there will be lit- ment agreements by the military, and college doesn’t happen in five or six tle economic incentive for prices to tax relief through the expensing of new years. We want families to save today drop. This is a new scenario for the equipment and technologies related to for college expenses fifteen to twenty world, and it forces us to shift our oil shale and tar sands development. years from now. Without this legisla- focus to unconventional resources. The size of our nation’s energy chal- tion, we are asking families to make We have already seen this shift in lenge is enormous, but in Utah, Colo- critical investment decisions without focus by the government of Alberta, rado, and Wyoming we have an answer the promise of today’s tax benefits. Canada. Alberta recognized the poten- that more than meets the challenge. This is not a good way to encourage tial of its own tar sands deposits and This bill moves us down that path. I savings. Making this tax benefit per- set forth a policy to promote their de- urge my colleagues to join us in our ef- manent will allow families to plan and velopment. As a result, Canada has in- fort to help the United States open the finance their children’s education be- creased its oil reserves by more than a door new frontier for domestic energy. yond 2010. factor of 10, going from a reserve of Thousands of young people back about 14 billion barrels to its current By Mr. GRASSLEY (for himself, home have 529 plan accounts. By the reserve of 176 billion barrels in only a Mr. BAUCUS, Mr. SMITH, Mr. end of 2004, Montana families had over few years. And just think we are sit- WYDEN, Mr. MCCONNELL, Mr. $128 million set aside through the Mon- ting on one trillion barrels, more than JEFFORDS, Mr. LOTT, Mr. SCHU- tana Family Education Savings Pro- five times what Canada has. MER, Mr. KERRY, Mr. BINGAMAN, gram. Across the country there is I think it’s outrageous that Utah im- Mr. ROCKEFELLER, Mrs. LIN- about $68 billion invested in over 7 mil- ports about one-fourth of its oil from COLN, Ms. LANDRIEU, Mr. lion accounts. The average account Canadian tar sands, even though we CORZINE, Mr. TALENT, and Mr. balance is just over $9,000. Not enough have a very large resource of those HAGEL): to finance a college education, but an very same tar sands in our own State S. 1112. A bill to make permanent the important start. sitting undeveloped. The government enhanced educational savings provi- One of the great things about 529 of Alberta, which owns the resource, sions for qualified tuition programs en- plans is that grandparents can save for has moved forward in leaps and bounds, acted as part of the Economic Growth the future of their grandchildren. That while the United States has yet to take and Tax Relief Reconciliation Act of is what Arlene Hannawalt did—she even a baby step toward developing our 2001; to the Committee on Finance. saved through a 529 plan for her grand- untapped resource. Mr. BAUCUS. Mr. President, I am daughter Nicole’s education. Nicole Our proposed legislation looks to the pleased to join Senator GRASSLEY, and dropped out of high school, but she is Alberta model to help the United our other colleagues, in introducing getting her GED. Later this year, with States move toward greater energy legislation to make the Section 529 en- help from her 529 account, Nicole will independence. The Oil Shale and Tar hancements enacted in 2001 permanent. be going to the University of Mon- Sands Development Act represents a In 2001, it was the Senate, especially tana—Helena College of Technology to necessary shift by our government my good friend Chairman GRASSLEY, study accounting. from an almost complete reliance on that insisted on including education Nicole’s father is in the Army Na- conventional sources of oil to our vast savings in the tax bill. I am proud of tional Guard, serving in Iraq. Our pray- unconventional resources, such as tar that fact. And I am proud that the Sen- ers are with him. I’m sure Nicole’s fam- sands and oil shale. ate is again taking the lead to make ily is very pleased that she will soon be In drafting this legislation, we have these important provisions permanent. a college student. been mindful of the environment and of Higher education is critical to our Tax-favored treatment for college States’ water rights. We live in a dif- children’s future and our Nation’s savings is good policy, but it is not

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10956 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 free. I assure my colleagues that we that Medicare and Medicaid alone will penalties that discourage the use of will be looking for appropriate offsets spend $2 billion on these drugs between performance-enhancing drugs; and a to cover the cost of this bill. 2006 and 2015. In my opinion, those dol- fair and effective adjudication process Education is one of my top priorities. lars could be spent more wisely. for athletes accused of doping. These And saving for education should be one When we crafted the Medicare Mod- elements are crucial components of of a family’s top priorities. I encourage ernization Act of 2003, our bipartisan any credible performance-enhancing my colleagues to join in making the agreement sought to strike the most drug testing policy. tax status of 529 benefits permanent to reasonable balance for Medicare bene- More specifically, the bill would re- help millions of American families plan ficiaries and hard working taxpayers. quire all major professional sports for their children’s future. We wanted to make sure that bene- leagues to have an independent third ficiaries had access to life-saving and party administer their performance-en- By Mr. GRASSLEY (for himself, life-improving medicines. Now some hancing drug tests. The legislation Mr. LOTT, Mr. SANTORUM, and certainly may argue that these ‘‘life- would further require that samples pro- Mr. ENSIGN): style’’ drugs can improve your life. I vided by athletes be tested by labora- S. 1113. A bill to provide that no Fed- appreciate that view. However, we live tories approved by the United States eral funds may be expended for the in a world of limited resources, and in Anti-Doping Agency—USADA—and for payment or reimbursement of a drug that world of limited resources cov- substances banned by USADA. In addi- that is prescribed for the treatment of erage of these ‘‘lifestyle’’ drugs under tion, the bill would require not fewer sexual or erectile dysfunction; to the Medicare—or any other Federal pro- than three unannounced tests during a Committee on Finance. gram, in my opinion—is inconsistent league’s season of play, and at least Mr. GRASSLEY. Mr. President, over with that goal of balance. I am pleased two unannounced tests during the off the past three decades, prescription to join with Senators LOTT, SANTORUM, season. Under this legislation, if a medicines have assumed a central and and ENSIGN in working to rectify that player were to test positive for a critical role in treating health care situation today and urge my colleagues banned performance-enhancing sub- conditions. Every year, researchers to join us in cosponsoring this impor- stance, that player would be suspended make new discoveries that help pa- tant legislation. for 2 years for the first violation and tients cope with illnesses and improve banned for life for a second violation. their quality of life. Ensuring access to By Mr. MCCAIN (for himself and Finally, if any player were to test posi- prescription drugs—to treatments that Mr. STEVENS): tive, the professional sports league can help people maintain their health S. 1114. A bill to establish minimum would be obligated to ensure that the and avoid costly hospitalizations, for drug testing standards for major pro- player would have substantial due example—is a fundamental responsi- fessional sports leagues; to the Com- process rights including the oppor- bility of our Federal health programs. mittee on Commerce, Science, and tunity for a hearing and right to coun- We would not have worked as hard as Transportation. sel. we did to establish the first-ever Medi- Mr. MCCAIN. Mr. President, I am To ensure that the major profes- care prescription drug benefit if we did joined today by Senator STEVENS in in- sional sports leagues meet the highest not believe this to be true. At the same troducing the Clean Sports Act of 2005. standards of performance-enhancing time, we have a tremendous responsi- The chairman of the House Govern- drug testing, the bill would require bility to be good stewards of taxpayers’ ment Reform Committee, Congressman each professional sports league to con- dollars. I, for one, take that responsi- DAVIS, and the ranking member of that sult with USADA in developing its bility very seriously. committee, Congressman WAXMAN, are drug testing standards and procedures, In 2004, our nation spent $1.8 trillion introducing a companion bill today in its protocols for tests in the off season, on health care. Medicare spending ac- the House. and its athlete adjudication program. counted for 17 percent of that amount. The purpose of this bill is to protect For 5 years, USADA has served as the In 2005, Medicaid spending is expected the integrity of professional sports official antidoping agency for Olympic to reach $321 billion. The Federal gov- and, more importantly, the health and sports in the United States. In that ernment offers me and other Federal safety of our Nation’s youth, who, for role, USADA has shown a tremendous employees health coverage through the better or for worse, see professional dedication to eliminating doping in Federal Employees Health Benefits athletes as role models. The legislation sports through research, education, Program (FEHBP). The Department of would achieve that goal by establishing testing, and adjudication efforts. The Defense has TRICARE for military per- minimum standards for the testing of expertise that it has developed over the sonnel, and the Veterans’ Administra- steroids and other performance-en- past half-decade would serve this coun- tion provides an important source of hancing substances by major profes- try’s professional sports leagues well. health care access to those who proud- sional sports leagues. By adhering to— A violation of this legislation would ly served our country. Year after year, and hopefully exceeding—these min- be treated as a violation of the Federal the costs of these and other Federal imum standards, the Nation’s major Trade Commission Act. The Federal health care programs continue to rise. professional sports leagues would send Trade Commission would have the abil- Year after year, we are forced to make a strong signal to the public that per- ity to either obtain an injunction difficult decisions to find ways to save formance-enhancing drugs have no le- against the league that is in violation money under these programs with the gitimate role in American sports. of the bill or seek penalties of up to $1 goal of sustaining them well into the This bill would prohibit our coun- million per violation. Any enforcement future. try’s major professional sports mechanism that is not as strong as this In contrast to those decisions, the leagues—the National Football League, would simply not be effective to ensure bill that I am introducing today was Major League Baseball, the National that these multi-billion-dollar busi- not difficult for me at all. By elimi- Basketball Association, and the Na- nesses adhere to the minimum stand- nating all Federal payments for certain tional Hockey League—from operating ards set forth in the legislation. ‘‘lifestyle’’ drugs, the legislation re- if they do not meet the minimum test- Finally, the bill would give the Office stores the fundamental concept of ing requirements set forth therein. of National Drug Control Policy— stewardship to prescription drug cov- Those standards would be comprised of ONDCP—the ability to add other pro- erage under Federal programs. It is a five key components: the independence fessional sports leagues as well as cer- pretty simple piece of legislation—no of the entity or entities that perform tain college sports if the ONDCP were payment for drugs prescribed for sexual the leagues’ drug tests; testing for a to determine that such additions would or erectile dysfunction under any Fed- comprehensive list of doping sub- prevent the use of performance-enhanc- eral program, period. The Congres- stances and methods; a strong system ing substances by high school, college, sional Budget Office (CBO) estimated of unannounced testing; significant or professional athletes. The bill would

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10957 also require the United States Boxing to the higher poverty rate among this ‘‘(D) SPECIAL RULE FOR INDIAN TRIBES.— Commission, upon its establishment, to group. ‘‘(i) IN GENERAL.—For purposes of this promulgate steroids testing standards And yet, charitable organizations paragraph, an Indian tribe (as defined in sec- consistent with those contained in the that provide hunger relief are unable to tion 7871(c)(3)(E)(ii)) shall be treated as an meet the basic needs of Natives due to organization eligible to be a donee under bill. subparagraph (A). an oversight in the Federal tax code. The need for reforming the drug test- ‘‘(ii) USE OF PROPERTY.—For purposes of ing policies of professional sports is Section 170(e)(3) of the Internal Rev- subparagraph (A)(i), if the use of the prop- clear. However, I introduce this legisla- enue Code allows corporations to take erty donated is related to the exercise of an tion reluctantly. Over a year ago, I an enhanced tax deduction for dona- essential governmental function of the In- stated publicly that the failure of pro- tions of food inventory; however, the dian tribal government (within the meaning fessional sports—and in particular food must be distributed to 501(c)(3) of section 7871), such use shall be treated as Major League Baseball—to commit to nonprofit organizations, such as food related to the purpose or function consti- tuting the basis for the organization’s ex- addressing the issue of doping straight banks. Nonprofit organizations cannot then transfer such donations to tribes. emption.’’. on and immediately would motivate (b) EFFECTIVE DATE.—The amendment Congress to search for legislative rem- Although many donations to tribes are made by this section shall apply to taxable edies. Despite my clear warning and tax deductible under section 7871 of the years beginning after December 31, 2005. the significant attention that Congress Internal Revenue Code, tribes are not f has given to this stain on professional among the organizations listed under section 501(c)(3) of the Internal Rev- AMENDMENTS SUBMITTED AND sports, baseball, and other professional PROPOSED leagues have refused to do the right enue Code. To clarify, section 170(e)(3) thing. does not allow tribes to be eligible re- SA 764. Mr. MARTINEZ (for himself and By introducing this bill, I am once cipients of corporate food donations to Mr. NELSON, of Florida) submitted an amend- ment intended to be proposed by him to the again asking the leagues to shore up nonprofit organizations since they are not listed under section 501(c)(3) as an bill S. 1042, to authorize appropriations for the integrity of professional sports. I fiscal year 2006 for military activities of the am asking the leagues to realize that eligible entity. With this legislation, we intend to Department of Defense, for military con- what is at stake here is not the sanc- struction, and for defense activities of the make a simple correction to the tax tity of collective bargaining agree- Department of Energy, to prescribe per- code that clearly indicates that tribes ments, but rather the health and safety sonnel strengths for such fiscal year for the are eligible recipients of food donated of America’s children. Like it or not, Armed Forces, and for other purposes; which under section 170(e)(3) of the Internal was ordered to lie on the table. our Nation’s kids look to professional Revenue Code. This correction is long athletes as role models and take cues f overdue and would remedy an egre- from their actions, both good and bad. TEXT OF AMENDMENTS gious inequity in the Federal tax code I remain hopeful that professional that affects Natives nationwide. SA 764. Mr. MARTINEZ (for himself sports will reform their drug testing Please allow me to provide a few ex- and Mr. NELSON of Florida) submitted policies on their own—a modest pro- amples of how this legislation could an amendment intended to be proposed posal in the eyes of reasonable people. foster positive change. In Alaska, ap- by him to the bill S. 1042, to authorize However, the introduction of this bill proximately half of the food donated to appropriations for fiscal year 2006 for demonstrates the continued serious- the Food Bank of Alaska from corpora- military activities of the Department ness with which Congress views this tions could go to tribes throughout of Defense, for military construction, issue. It should be seen as a renewed in- Alaska. Much of this food would go to and for defense activities of the De- centive for the leagues to clean up villages that are only accessible by air partment of Energy, to prescribe per- their sports on their own without Gov- or water. In South Dakota, roughly 30 sonnel strengths for such fiscal year ernment interference. percent of the food the Community for the Armed Forces, and for other Food Banks of South Dakota distrib- purposes; which was ordered to lie on By Ms. MURKOWSKI (for herself utes would go to reservations. In North the table; as follows: and Mr. JOHNSON): Dakota, the amount of food donated to At the end of title XXII, add the following: S. 1115. A bill to amend the Internal the Great Plains Food Bank could dou- SEC. 2207. WHARF UPGRADES, NAVAL STATION Revenue Code of 1986 to allow Indian ble if this legislation were enacted. The MAYPORT, FLORIDA. tribes to receive charitable contribu- Of the amount authorized to be appro- Montana Food Bank Network projects priated by section 2204(a)(4) for the Navy for tions of inventory; to the Committee that food donations could increase by on Finance. architectural and engineering services and 16 percent. A food bank based in Albu- construction design, $500,000 shall be avail- Ms. MURKOWSKI. Mr. President, I querque, NM estimates that their food rise to introduce a bill that will help able for the design of wharf upgrades at donations could triple in the first year Naval Station Mayport, Florida. increase the amount of food donations alone. f going to American Indians and Alaska It is imperative that we address this Natives nationwide. I am pleased to important issue expeditiously. The AUTHORITY FOR COMMITTEES TO have Mr. JOHNSON join me in intro- health and well-being of low income MEET ducing this important legislation. American Indians and Alaska Natives COMMITTEE ON BANKING, HOUSING, AND URBAN Despite reports from the Census Bu- across the Nation is at stake. AFFAIRS reau that show stable income levels for I ask unanimous consent that the Mr. CORNYN. Mr. President, I ask many Americans, the poverty rate for text of this bill be printed in the unanimous consent that the Com- the 4.4 million American Indians and RECORD. mittee on Banking, Housing, and Alaska Natives living throughout the There being no objection, the bill was Urban Affairs be authorized to meet United States remains nearly three ordered to be printed in the RECORD, as during the session of the Senate on times that of non-Hispanic whites. Not follows: May 24, 2005, at 3 p.m., to conduct a only do Natives face greater challenges S. 1115 hearing on ‘‘Money Laundering and in securing basic household necessities, Be it enacted by the Senate and House of Rep- Terror Financing Issues in the Middle but in securing food as well. resentatives of the United States of America in East.’’ According to a U.S. Department of Congress assembled, The PRESIDING OFFICER. Without Agriculture report released in late 2004, SECTION 1. CHARITABLE CONTRIBUTIONS OF IN- objection, it is so ordered. VENTORY TO INDIAN TRIBES . nearly 36 million Americans face chal- COMMITTEE ON COMMERCE, SCIENCE, AND (a) IN GENERAL.—Section 170(e)(3) of the In- TRANSPORTATION lenges in getting enough food to eat. ternal Revenue Code of 1986 (relating to spe- This includes nearly 13 million chil- cial rule for contributions of inventory and Mr. CORNYN. Mr. President, I ask dren. Of these statistics, Natives con- other property) is amended by adding at the unanimous consent that the Com- stitute a disproportionate number due end the following new subparagraph: mittee on Commerce, Science, and

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10958 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 May 24, 2005 Transportation be authorized to meet Management, the Federal Workforce, jority leader, after consultation with on Tuesday, May 24, 2005, at 10 a.m. on and the District of Columbia be author- the Democratic leader, it be in order to S. 529, a bill to authorize funding for ized to meet on Tuesday, May 24, 2005, move to proceed en bloc to the fol- the U.S. Anti-Doping Agency (USADA) at 10 a.m. for a hearing entitled, ‘‘Safe- lowing nominations, if reported by the and to designate it as the official guarding the Merit System: A Review Judiciary Committee; provided further doping agency of the U.S. Olympic of the U.S. Office of Special Counsel.’’ that they be considered under a total Committee. The PRESIDING OFFICER. Without time limitation of 10 hours equally di- The PRESIDING OFFICER. Without objection, it is so ordered. vided between the chairman and rank- objection, it is so ordered. f ing member or their designees; pro- COMMITTEE ON FINANCE vided further that following the use or Mr. CORNYN. Mr. President, I ask PRIVILEGE OF THE FLOOR yielding back of time, the Senate pro- unanimous consent that the Com- Mr. REED. Mr. President, I ask unan- ceed to votes on the confirmation of mittee on Finance be authorized to imous consent that Claire Steele, a fel- the nominations, with no further inter- meet during the session on Tuesday, low in my office, be granted the privi- vening action or debate. The nomina- May 24, 2005, at 10 a.m., in 628 Dirksen lege of the floor for the remainder of tions are as follows: David McKeague, Senate Office Building, to consider the today’s session. to be U.S. circuit judge for the Sixth nominations of Alex Azar, II, to be The PRESIDING OFFICER. Without Circuit; Richard Griffin, to be U.S. cir- Deputy Secretary of Health and Human objection, it is so ordered. cuit judge for the Sixth Circuit. Fi- Services, Department of Health and Mr. FEINGOLD. Mr. President, I ask nally, I ask consent that following the Human Services, Washington, DC; Tim- unanimous consent that Avery votes, the President be immediately othy D. Adams, to be Under Secretary Wentzel, a legal intern on my Senate notified of the Senate’s action, and the for International Affairs, U.S. Depart- Judiciary Committee staff, be granted Senate then resume legislative session. ment of Treasury; Shara L. Aranoff, to the privilege of the floor during the de- The PRESIDING OFFICER. Is there be Member of the International Trade bate on Justice Owen. objection? Commission; Suzanne C. DeFrancis to The PRESIDING OFFICER. Without The Democratic leader. be Assistant Secretary for Public Af- objection, it is so ordered. Mr. REID. Mr. President, reserving the right to object, we are also hopeful fairs, U.S. Department of Health and f Human Services; and Charles E. John- and confident we can add Neilson to son, to be Assistant Secretary for ORDER FOR STAR PRINT this group. The two Senators from Budget, Technology and Finance, U.S. Mr. FRIST. I ask unanimous consent Michigan are taking a look at her. She Department of Health and Human Senate report 109–69 be star printed became very ill and, therefore, she was Services. with the changes at the desk. not able to move forward as these The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without other two men have done. We feel con- objection, it is so ordered. objection, it is so ordered. fident, after speaking to the two Michi- gan Senators, that we will be able to COMMITTEE ON FOREIGN RELATIONS f add her to this list. She has now recov- Mr. CORNYN. Mr. President, I ask ered her health and is back in good unanimous consent that the Com- MEASURE PLACED ON THE CALENDAR—S. 1098 health, good stead. mittee on Foreign Relations be author- The PRESIDING OFFICER. Is there ized to meet during the session of the Mr. FRIST. Mr. President, I under- objection? Senate on Tuesday, May 24, 2005 at 9:30 stand there is a bill at the desk that is Mr. REID. No. a.m. to hold a hearing on nominations. due for a second reading. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The PRESIDING OFFICER. The objection, it is so ordered. objection, it is so ordered. clerk will read the title of the bill for Mr. FRIST. Mr. President, as in exec- SELECT COMMITTEE ON INTELLIGENCE a second time. utive session, I ask unanimous consent Mr. CORNYN. Mr. President, I ask The assistant legislative clerk read that at a time determined by the ma- unanimous consent, pursuant to Rule as follows: jority leader, after consultation with 26.5(a) of the Standing Rules of the A bill (S. 1098) to prevent abuse of the spe- the Democratic leader, the Senate pro- Senate, that the Select Committee on cial allowance subsidies under the Federal ceed to the consideration of Executive Intelligence be authorized to meet Family Education Loan Program. Calendar No. 66, the nomination of after conclusion of the first two hours Mr. FRIST. In order to place the bill Thomas Griffith to be U.S. circuit after the meeting of the Senate com- on the calendar under the provisions of judge for the District of Columbia Cir- mences on May 24, 2005. rule XIV, I object to further pro- cuit; provided further that there be 4 The PRESIDING OFFICER. Without ceeding. hours equally divided for debate on the objection, it is so ordered. The PRESIDING OFFICER. Objec- nomination between the chair and the SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- tion is heard. ranking member or their designees; AGEMENT, GOVERNMENT INFORMATION, AND The bill will be placed on the cal- provided further that following the use INTERNATIONAL SECURITY endar. or yielding back of time, the Senate Mr. CORNYN. Mr. President, I ask f proceed to a vote on the confirmation unanimous consent that the Sub- of the nomination with no further in- committee on Federal Financial Man- APPOINTMENT tervening action or debate; finally, agement, Government Information, The PRESIDING OFFICER. The that the President be immediately no- and International Security be author- Chair, on behalf of the President pro tified of the Senate’s action, and the ized to meet on Tuesday, May 24, 2005, tempore, pursuant to Public Law 100– Senate then resume legislative session. at 2 p.m. for a hearing regarding ‘‘Over- 696, appoints the Senator from Colo- The PRESIDING OFFICER. Without view of the Competitive Effects of Spe- rado, Mr. ALLARD, as a member of the objection, it is so ordered. ciality Hospitals.’’ United States Capitol Preservation JOINT REFERRAL The PRESIDING OFFICER. Without Commission. Mr. FRIST. As in executive session, I objection, it is so ordered. f ask unanimous consent that the nomi- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT nation of Charles S. Ciccolella, of Vir- MANAGEMENT, THE FEDERAL WORKFORCE, UNANIMOUS CONSENT AGREE- ginia, to be Assistant Secretary of AND THE DISTRICT OF COLUMBIA MENT—JUDICIAL NOMINATIONS Labor for Veterans Employment and Mr. CORNYN. Mr. President, I ask Mr. FRIST. Mr. President, as in exec- Training, be jointly referred to the unanimous consent that the Sub- utive session, I ask unanimous consent Committees on HELP and Veterans’ committee on Oversight of Government that at a time determined by the ma- Affairs.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 8 10959 The PRESIDING OFFICER. Without Circuit Court of Appeals, as provided think it is appropriate that we have objection, it is so ordered. under the previous order. this vote at noon. We would have been The PRESIDING OFFICER. Without willing to have it earlier. This way the f objection, it is so ordered. committees can go about their busi- f ness. I know I have a ranking members ORDERS FOR WEDNESDAY, MAY 25, PROGRAM meeting at 12. So this will work out 2005 perfect. Even though we are waiting for Mr. FRIST. Tomorrow, following Mr. FRIST. Mr. President, I ask the vote, I think this will work out morning business, the Senate will re- unanimous consent that when the Sen- well for the schedule. sume consideration of Priscilla Owen ate completes its business today, it to be U.S. circuit judge for the Fifth Mr. FRIST. Mr. President, we have a stand in adjournment until 9:30 a.m. on Circuit. Under a previous agreement, good plan for the remainder of the Wednesday, May 25. I further ask that at 12 noon tomorrow, we will proceed week with that vote and proceeding following the prayer and the pledge, to the vote on the confirmation. with the nomination of John Bolton. the morning hour be deemed to have Following the vote on the Owen nom- expired, the Journal of the proceedings ination, it is my expectation that we f be approved to date, the time for the will move forward with the nomination two leaders be reserved, and the Senate of John Bolton to be ambassador to the ADJOURNMENT UNTIL 9:30 A.M. then begin a period of morning busi- United Nations. Our colleagues on the TOMORROW ness for up to 60 minutes, with 30 min- other side of the aisle have indicated utes under the control of the majority they would need a good deal of time to Mr. FRIST. Mr. President, if there is leader or his designee, and the final 30 debate the nomination. We plan to no further business to come before the minutes under the control of the complete action on the Bolton nomina- Senate, I ask unanimous consent that Democratic leader or his designee. tion this week, and I will work with the Senate stand in adjournment under Following morning business, the Sen- the Democratic leader to lock in a the previous order. ate will return to executive session and time agreement on the nomination. There being no objection, the Senate, resume the consideration of the nomi- Mr. REID. Mr. President, if the dis- at 6:57 p.m., adjourned until Wednes- nation of Priscilla Owen to the Fifth tinguished majority leader will yield, I day, May 25, 2005, at 9:30 a.m.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10960 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 HOUSE OF REPRESENTATIVES—Tuesday, May 24, 2005

The House met at 9 a.m. and was examples that comes to mind is the So far the Army has cleared just 5 called to order by the Speaker pro tem- Massachusetts Military Reservation, a percent of the base’s firing range. And pore (Mr. PRICE of Georgia). source of perchlorate, a toxic chemical, they have already unearthed 8,000 live f has contaminated 70 percent of Cape shells, in a job at this rate that could Cod’s water supply, and more than 1,000 take 20 years. DESIGNATION OF SPEAKER PRO unexploded bombs have been discov- Our communities deserve better. It is TEMPORE ered, some less than a half a mile from time for us in Congress to no longer be The SPEAKER pro tempore laid be- an elementary school. missing in action. We should do two fore the House the following commu- Former military installations with things this week. First we should not nication from the Speaker: unexploded bombs are located in hun- pass the defense authorization bill WASHINGTON, DC, dreds of communities across the coun- without amending it to require that May 24, 2005. try. And this has serious consequences. the military plan and budget to clean I hereby appoint the Honorable TOM PRICE The most tragic example was an up the military bases that it has al- to act as Speaker pro tempore on this day. unexploded bomb that killed two 8- ready closed, before starting a new J. DENNIS HASTERT, year-old boys and injured a 12-year-old round of BRAC. Speaker of the House of Representatives. friend while they were playing in their Second, in the military quality of life f San Diego neighborhood, the site of the bill, we should allocate funds to clean former 32,000 acre Camp Elliot, used as up unexploded bombs and dangerous MORNING HOUR DEBATES a training site during World War II. pollution. To clean up the unexploded The SPEAKER pro tempore. Pursu- In Texas, South Carolina, California, bombs just in the 1988 round would cost ant to the order of the House of Janu- Colorado, Massachusetts, and even here $69 million, clearly within our capac- ary 4, 2005, the Chair will now recog- in Washington D.C., developers have ity. Indeed, I would argue that we nize Members from lists submitted by built residential and business projects ought to allocate the full $626 million the majority and minority leaders for on land that has not been fully cleared to clean up all of the unexploded bombs morning hour debates. The Chair will of unexploded bombs. and dangerous pollution in these sites. alternate recognition between the par- Since I have been in Congress, three We have an obligation to make sure ties, with each party limited to not to times fire fighters have had to be that we follow through on the pledges exceed 25 minutes, and each Member, pulled out of the woods, in Alaska, to these commitments for the military except the majority leader, the minor- Texas and Colorado, because the heat to clean up after itself, and it is ity leader, or the minority whip, lim- from the forest fire was detonating Congress’s job to make sure it happens. ited to not to exceed 5 minutes, but in bombs. f no event shall debate extend beyond Now, closed military bases can 9:50 a.m. present significant opportunities for AGREEMENT ON JUDICIAL The Chair recognizes the gentleman community assets. The former Lowry FILIBUSTERS from Oregon (Mr. BLUMENAUER) for 5 Air Force Base in Denver has generated The SPEAKER pro tempore. Pursu- minutes. an estimated $4 billion in economic ac- ant to the order of the House of Janu- f tivity for that region. ary 4, 2005, the gentleman from New With careful planning, the facility Jersey (Mr. PALLONE) is recognized FUND CLEAN-UPS FOR CLOSED made the successful transition to civil- during morning hour debates for 5 min- MILITARY BASES ian use, including 4,500 new homes and utes. Mr. BLUMENAUER. Mr. Speaker, more than a square acre of park land, Mr. PALLONE. Mr. Speaker, the Re- this week, with the consideration of two community colleges and other publican quest for absolute power in the defense authorization legislation schools. Washington was temporarily halted by and the military quality of life appro- Glenview, Illinois, which lost its 14 Senators last night. A truly bipar- priation, Congress should deal with the Naval Air Station in 1993, is another tisan group of Senators, 7 Democrats hidden issue behind base closure: The example that is now home to office and 7 Republicans came together to toxic legacy of unexploded bombs and space, retail stores, residences, golf save the Senate from moving forward hazardous pollution left behind on our course, park land and a train station. with an extreme power grab that would military bases. That has created 5,000 jobs and put an- have undermined the very checks and This is part of a much larger prob- other $1.5 billion into that local econ- balances that have existed in our Na- lem. The Defense Science Board has re- omy. tion for over 200 years. ported that unexploded bombs con- Yet the reality for communities fac- Senator FRIST and the Senate Repub- taminate an area bigger than the ing BRAC now, according to the GAO, lican leadership were prepared to wage States of Maryland, and Massachusetts is that more than a quarter of the an unprecedented political power grab. combined. bases previously closed have not been They wanted to change the rules in the One out of ten Americans live within cleaned up and transferred. And the middle of the game and wanted to at- 10 miles of a former or current military main impediment is the bombs and tack our historic system of checks and site that contains hazardous waste chemical pollution. balances so they could ram through a identified for clean-up under the Fed- Mr. Speaker, it is time for Congress small number of judicial nominees who eral Super Fund programs. Indeed, 34 to no longer be missing in action. When otherwise could not achieve a con- bases shut down since 1988 are still on we look at like Fort Ord, closed in 1991, sensus. the EPA Super Fund lists of worst and after a decade of redevelopment In reality, the power grab that the toxic waste sites. only 25 percent of its transformation Senate Republican leadership was pre- Ten of these sites have groundwater plan has been completed, in large pared to move ahead with today had mitigation contaminants that are not measure because it has not been able to very little to do with these seven ex- fully under control. One of the worst deal with the clean-up of the site. treme nominees. Instead, it was all an

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

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10961 attempt by the White House and con- nominees never received an up or down last day’s proceedings and announces servative interests groups to clear the vote on the floor because Senator, to the House his approval thereof. way for a Supreme Court nominee who HATCH, then the chairman of the Judi- Pursuant to clause 1, rule I, the Jour- would only need 51 votes rather than ciary Committee refused to bring the nal stands approved. 60. nominees names up for a vote in the f Conservative interest groups and a committee. PLEDGE OF ALLEGIANCE large majority of Senate Republicans It is extremely disingenuous of Sen- are not happy with the current make ator FRIST to say that all nominees are The SPEAKER pro tempore. Will the up of the Supreme Court. They do not entitled to an up or down vote, when he gentlewoman from New York (Mrs. want to see another David Souter or himself helped Senate Republicans MALONEY) come forward and lead the Anthony Kennedy nominated to the block President Clinton’s nominees in House in the Pledge of Allegiance. Supreme Court, even though they both the late 1990s. You did not hear Senator Mrs. MALONEY led the Pledge of Al- were confirmed with nearly unanimous FRIST demanding an up or down vote legiance as follows: bipartisan support. then. I pledge allegiance to the Flag of the They prefer to see President Bush Now, the bipartisan agreement United States of America, and to the Repub- nominate a Supreme Court justice like reached last night will keep two of the lic for which it stands, one nation under God, indivisible, with liberty and justice for all. Clarence Thomas, who because of ex- President’s extreme nominees from treme views could not garner strong bi- moving forward. And I would hope the f partisan support. In Thomas’s case he President would learn from last night’s MESSAGE FROM THE SENATE only received 52 votes, and has proven action that unlike the House, the Sen- A message from the Senate by Mr. to be an extremist. If the Senate had ate is not a chamber that is going to Monahan, one of its clerks, announced proceeded with this extreme power rubber stamp his extreme views. that the Senate has passed a bill of the grab, President Bush would have been Let us hope that President Bush was following title in which the concur- able to appoint extreme right wing listening and will resist nominating ex- rence of the House is requested: judges to the Supreme Court. treme judges to our courts in future. S. 188. An act to amend the Immigration The president has already said that f and Nationality Act to authorize appropria- he most admires Justices Scalia and tions for fiscal years 2005 through 2011 to Thomas. How frightening to think of RECESS carry out the State Criminal Alien Assist- another Justice from that same mold. The SPEAKER pro tempore. Pursu- ance Program. Mr. Speaker, at the end of the day a ant to clause 12(a) of rule I, the Chair The message also announced that group of 14 bipartisan Senators kept declares the House in recess until 10 pursuant to section 1928a–1928d of title the Senate Republican leadership from a.m. 22, United States Code, as amended, the moving forward with the extreme Accordingly (at 9 o’clock and 13 min- Chair, on behalf of the Vice President, power grab. The bipartisan compromise utes a.m.), the House stood in recess appoints the following Member as Act- was reached last night and shows that until 10 a.m. ing Vice Chairman to the NATO Par- President Bush is not going to be able f liamentary Assembly for the spring to ignore the moderate views of these meeting in Ljubljana, Slovenia, May Senators when he appoints future jus- b 1000 2005: tices of the Supreme Court. AFTER RECESS the Senator from Vermont (Mr. And that is good news for our Nation. LEAHY). There was simply no reason for the The recess having expired, the House f Senate to take the extreme measure of was called to order by the Speaker pro eliminating the minority’s right for tempore (Mr. KLINE) at 10 a.m. STEM CELL RESEARCH input on judicial nominees. In fact, the f (Mr. DELAY asked and was given per- White House has manufactured the so- PRAYER mission to address the House for 1 called judicial crisis. minute and to revise and extend his re- Over the past 4 years, the Senate has The Chaplain, the Reverend Daniel P. marks.) confirmed 208 of his judicial nomina- Coughlin, offered the following prayer: Mr. DELAY. Mr. Speaker, today on tions and turned back only 10. And that Lord God, friend of all, but especially the floor of the House, we will momen- is a 95 percent confirmation rate, high- the poor and the alienated, the widow tarily suspend the annual spring appro- er than any other president in modern and the orphan, You are not only the priations debates to provide a vital and time, including Presidents Reagan, foundation of faith, but the model of noble service to the American people. Bush and Clinton. generosity for Your people. We will consider two bills that tran- In fact, it is thanks to these con- Out of Your goodness we are created. scend both party and politics and firmations that President Bush now Out of Your love we are sustained. Out oblige us to engage in a moral and presides over the lowest court vacancy of Your hope for us You give us free- metaphysical inquiry into the very na- rate in 15 years. Now, Mr. Speaker, de- dom. Help us personally to grow in ture of man. spite what Senate Republicans are say- Your image and likeness. If it sounds a little more sobering ing today, judicial nominees have not May this Nation, under the leader- and important than the regular goings always received an up or down vote on ship of this Congress, grow also in re- on around here, well, we can only hope, the Senate floor. In fact, back in 2000, sponsible freedom and generous service Mr. Speaker. it was Senate Republicans that at- to those most in need of protection, The first bill to be considered under tempted to filibuster two of President diligent attention, and steady encour- suspension of the rules, and sponsored Clinton’s appointments to the 9th Cir- agement. by the gentleman from New Jersey cuit Court. We will never fail to meet our respon- (Mr. SMITH), would, for the first time, Senator FRIST, the architect of the sibilities, Lord, if we are truly dedi- direct Federal funding for research on power grab voted to continue a fili- cated to You, the Most High, and give the stem cells found in umbilical cords buster of Clinton nominee, Richard to others as You have given to us, if we of newborn children. Paez. There are also other ways Sen- live with grateful and generous hearts Well-developed cord-blood stem cells, ators can prevent a nominee from re- today, now and forever. Amen. unlike stem cells obtained via the de- ceiving an up or down vote on the f struction of human embryos, have floor. Judicial nominees can and have proven valuable in the treatment of been stalled in the Senate Judiciary THE JOURNAL disease, 67 of them to be precise, in- Committee. More than one-third of The SPEAKER pro tempore. The cluding leukemia and sickle cell ane- President Clinton’s appeals court Chair has examined the Journal of the mia. The Smith bill will direct funds

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10962 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 for improved research and therapies SPACE ACTIVITIES SHOULD BE have. Patients should be able to con- using these proven cord-blood cells DEVOTED TO PEACE trol their health care. while expanding the existing Federal (Mr. KUCINICH asked and was given Mr. Speaker, we should think about bone marrow stem cell research pro- permission to address the House for 1 health care in a way that gives pa- gram as well. It will pass with bipar- minute and to revise and extend his re- tients the power to select who takes care of them and where, that puts tisan support because none of its provi- marks.) sions predicate its available funding Mr. KUCINICH. Mr. Speaker, this health care choices back in the hands upon the destruction of human life. week I will offer an amendment to the of patients. Defined contribution plans do this, Unfortunately, Mr. Speaker, of the defense authorization bill, cosponsored and they are the hallmark of H. Res. second bill on the calendar today, spon- by the gentleman from Massachusetts 215, the Health Insurance Patient Own- sored by the gentleman from Delaware (Mr. TIERNEY), the gentlewoman from (Mr. CASTLE), the same cannot be said. ership Plan. I ask my colleagues for New York (Ms. SLAUGHTER), and the their support on this new initiative. The Castle bill is both divisive and, to gentleman from California (Mr. f put it bluntly, dismissive of the dignity GEORGE MILLER), which will reaffirm of human life at its embryonic stage. It the policy of the National Aeronautics STEM CELL RESEARCH has, therefore, incited loud, and in too and Space Act of 1958, signed into law (Mrs. MALONEY asked and was given many cases, harsh, advocacy on both by President Eisenhower, that it is the permission to address the House for 1 sides of the debate. policy of the United States that activi- minute and to revise and extend her re- But even in the midst of vocal unre- ties in space should be devoted to marks.) lenting support for and opposition to peaceful purposes for the benefit of all Mrs. MALONEY. Mr. Speaker, the the Castle bill, we must recognize that mankind. President wants to create a culture of this is one of those issues that has no This amendment will reaffirm that it life. Stem cell research offers scientists easy answers. Proponents of the Castle is U.S. policy to preserve peace in the opportunity to extend life and the bill, try as they might to find wiggle space by not deploying space-based quality of life for current and future room, will vote to fund with taxpayer weapons. Today’s New York Times generations of Americans. In fact, stem dollars the dismemberment of living states: ‘‘Congress and the administra- cell research offers mankind continued distinct human beings for the purposes tion need to assess whether a multilat- insight into life itself. of medical experimentation. And those eral treaty to ban space weapons might Who among us has not had a loved who oppose the bill, as I do, will do not leave the Nation far safer than a one look at us through the vacant eyes nothing less than to block Federal unilateral drive to put the first weap- of Alzheimer’s, tremble with Parkin- funding for what could, in theory at ons in space.’’ son’s as they reached for a glass of least, represent a potential advance in Please support my amendment, co- water, or watched a child inject them- scientific inquiry. sponsored by the gentleman from Mas- selves daily with insulin? How many Given the lack of nuance of our polit- sachusetts (Mr. TIERNEY), the gentle- more lives must be ended or ravaged? ical and media culture, Congress is un- woman from New York (Ms. SLAUGH- How much more unimaginable suf- fortunately facing a perceived choice TER), and the gentleman from Cali- fering must be endured until govern- between supporting on the one hand fornia (Mr. GEORGE MILLER) to keep ment gives researchers the where- children unlucky enough to be born space devoted to peaceful purposes for withal to simply do their jobs? with debilitating diseases, and on the the benefit of all mankind; and support With all speed, this body must pass other, children unlucky enough to be H.R. 2420, now cosponsored by 28 Mem- the Castle-DeGette Stem Cell Enhance- ment Research Act. Life is too precious unwanted by the clinic customers who bers of the House, which sets the stage to wait any longer. had them created in the first place. for a multilateral treaty to keep space Talk show rhetoric notwithstanding, devoted to peaceful purposes. f Mr. Speaker, there are no easy choices. f STEM CELL THERAPEUTIC AND This is not a debate between science RESEARCH ACT and ideology, as some would have us HEALTH INSURANCE PATIENT believe, nor is it a debate between OWNERSHIP PLAN (Mr. RYUN of Kansas asked and was given permission to address the House those who care about human life and (Mr. PRICE of Georgia asked and was for 1 minute and to revise and extend those who do not. No one in this body given permission to address the House his remarks.) is unmoved by the plight of diseased for 1 minute and to revise and extend Mr. RYUN of Kansas. Mr. Speaker, victims. We have friends and family his remarks.) the goal of stem cell research should be members among them. Nor is anyone Mr. PRICE of Georgia. Mr. Speaker, to help our fellow human beings. The insensitive to the ethical ramifications as a third-generation physician, I have debate on this issue has, unfortunately, of a medical practice that purports to seen our health care system drive pa- moved into dangerous unethical terri- save some lives by destroying others. tients and doctors further and further tory when perfectly moral alternatives But, after all, that is why we were apart. The problem with our current exist. elected: not to make the easy choices, system is that patients are prevented Rather than debating about uneth- but to make the hard ones. from having immediate control and ical methods of research, effective, We will argue one of those choices ownership over critical health care de- principled alternatives should be today, and I urge everyone on both cisions. sought out that successfully treat pa- sides of the issues to do so with vigor Right now, employers or the govern- tients and offer potential channels for and with respect. Our decision today, ment determine which health benefits further treatment and research. There quite literally a matter of life and are included in an insurance policy, are countless opportunities besides em- death, is a necessary and important and it may not be what the patient bryonic stem cell research that have step in our national conversation about needs or wants. When patients voice proven successful. the kind of people we will be in a world their concerns, insurance companies Adult stem cells have shown great of ever more promising and ever more respond with a deaf ear because the pa- potential and have effectively helped unnerving medical technologies. Lives tient cannot change the policy. They patients. Another alternative is cord- will be changed, and perhaps ended, be- are excluded from that decision. blood stem cells. These are a neglected cause of the path that we choose today. Nearly nine out of ten companies resource that could be used to treat a Today’s debate will be our privilege with fewer than 200 employees offer diverse body of people. Evidence has to conduct and witness, Mr. Speaker, only one health plan. What this means demonstrated that cord-blood stem and I have every confidence all sides is that the person most affected by the cells have treated a variety of prob- will do so with the respect and compas- health care, the patient, has little or lems, such as spinal cord injuries and sion this issue deserves. no input into the type of coverage they neurological diseases.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10963 By supporting H.R. 2520 later today, b 1015 PROTECT ZARA AND THE progress can be made in finding solu- URGING SUPPORT FOR H.R. 810, SNOWFLAKES tions to many medical questions we STEM CELL RESEARCH EN- (Mr. PITTS asked and was given per- have to face. H.R. 2520 provides an eth- HANCEMENT ACT OF 2005 mission to address the House for 1 ical solution to this issue, and I en- minute and to revise and extend his re- courage my colleagues to support it. (Mr. BASS asked and was given per- marks.) mission to address the House for 1 Mr. PITTS. Mr. Speaker, I am a big f minute.) supporter of stem cell research. But I Mr. BASS. Mr. Speaker, today we do not support the dissecting and de- STEM CELL RESEARCH will take up H.R. 810, the stem cell re- struction of living human embryos to (Mrs. CAPPS asked and was given search bill; and I agree with the distin- do so. permission to address the House for 1 guished majority leader. The debate Steve Johnson from Reading, Penn- minute and to revise and extend her re- that we have today will be about life sylvania, agrees with me. A bicycle in- marks.) and death. It will be about the lives of cident, an accident, he had 11 years ago Mrs. CAPPS. Mr. Speaker, today the many millions of children who have di- replaced his bike with a wheelchair. He House can vote to give millions of abetes, who want to live a fulfilling life has heard that embryonic stem cells Americans suffering from diseases new and have hope for finding cures at some might help him walk again. For Steve, hope. Patients, doctors, and scientists point in the future, about those who though, that is unacceptable, using em- are desperately awaiting the potential are paralyzed, about those who have bryos. The way that H.R. 810 would find that stem cell research has for treating congenital heart problems, about those those cells is through the destruction diseases like Alzheimer’s, ALS, cancer, who suffer from cancer and Alzheimer’s of IVF living embryos. He and his wife, heart diseases, diabetes, spinal cord in- and other diseases, debilitating dis- Kate, adopted his daughter, Zara, as an juries, and so many others. eases. embryo from an IVF clinic when she My State of California is already on We need to give the scientific com- was just a frozen embryo. And H.R. 810 the way. Californians overwhelmingly munity an opportunity to address would have killed Zara as an embryo support this research and decided not these important issues and to do so in for her stem cells. to tie the hands of our scientists, not such a fashion that is ethical, that has There are 20 others like this child to block the promising new opportuni- adequate government oversight, that here in town today—the ‘‘snow- ties that stem cell research affords. does not allow other countries around flakes’’—babies who developed from Now our Congress has the oppor- the world to take over. Indeed, Mr. embryos given by their biological par- tunity to follow suit. This is the kind Speaker, H.R. 810, with its 200 cospon- ents to a couple unable to conceive on of research we wanted when we created sors, will pass today because America their own. If H.R. 810 were law, there is the National Institutes of Health. Fed- wants to find cures for these diseases a good chance they would not be here erally funded research ensures that the and not leave it to other countries at all. They are living human embryos, public benefits and that the research is around the world. and there are many of them that ethically conducted. Mr. Speaker, I urge my colleagues in should be adopted, not dissected. I urge my colleagues to support H.R. the House to support H.R. 810. The sad thing is that Steve is more likely to be treated not with embry- 810. f onic stem cell research but with stem f STEM CELL RESEARCH cells from his own body. Adult stem ENHANCEMENT ACT OF 2005 cell treatments are helping people YOUNGER GENERATION IMPOR- (Mr. CLEAVER asked and was given walk today, in 67 different diseases and TANT IN DISCUSSIONS OF SO- permission to address the House for 1 treatments. The proponents of H.R. 810 CIAL SECURITY minute.) can produce no such results. There are (Mr. CONAWAY asked and was given Mr. CLEAVER. Mr. Speaker, as none for embryonic stem cells. permission to address the House for 1 Americans, we continually strive to- f minute and to revise and extend his re- ward progress. Today we find at our IN SUPPORT OF H.R. 810, STEM marks.) disposal a tool for healing that is un- CELL RESEARCH ENHANCEMENT Mr. CONAWAY. Mr. Speaker, during like any the world has previously ACT OF 2005 the month of May, many parents and known, a tool with the potential to (Mr. HOLT asked and was given per- grandparents, as myself, will begin to cure our most terrible diseases and mission to address the House for 1 celebrate college graduations and high ease the suffering of over a half million minute and to revise and extend his re- school graduations of the next genera- Americans in my State alone. marks.) tion of workers in this country. This is Our Nation is blessed with the great- Mr. HOLT. Mr. Speaker, we will be the group that we should be engaging est minds and resources on the planet. hearing a great deal today about the in the debate on Social Security re- My district, Missouri five, there are humane and helpful and hopeful re- form. This is the group that stands the two citizens, Jim and Virginia Stowers, search of embryonic stem cells. This is most risk if the current system cannot who have dedicated their personal for- an advance similar to advances in past sustain itself. tune of nearly $2 billion to conduct years of blood transfusions and organ I encourage my colleagues to engage basic biomedical research and fight transplants. And to be fair, some pa- this group of individuals as we begin these diseases. The Stowers Institute tients do not want to take part in this debate, to help them understand employs brilliant researchers from blood transfusions and organ trans- how important it is that we put back more than 20 countries to use these plants for personal reasons. the security in Social Security for this tools to bridge the gap between dis- However, for most Americans, em- generation, and that we help them un- eases and cures. bryonic stem cell research falls well derstand the role that a safety net of Across the United States, Americans within public ethical standards. It is Social Security has within an overall are voicing their support for stem cell something that we should be sup- retirement package. research. Poll after poll after poll porting. So I encourage my colleagues on both shows that Americans, regardless of We will hear from some today that sides of the aisle to begin this debate political affiliation or religion, support cord blood and adult stem cells hold with these newly fresh-minted grad- using stem cell research as a tool to promise. Not nearly so much promise uates as they take their place in excit- fight diseases. As a fourth generation as embryonic stem cells. Supporting ing new careers and as they conduct ordained minister, I am delighted to be cord blood research at the expense of their lives and help us with Social Se- able to support H.R. 810 to ease the suf- supporting embryonic stem cell re- curity. fering. search is like buying a Schwinn bicycle

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10964 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 to travel across the country. Poten- But, Mr. Speaker, the issue today is ‘‘Umbilical cord and embryonic stem tially useful, but it is not likely to get whether or not we are going to use tax- cells are not in any way interchange- us there. payer dollars to fund that process. I be- able,’’ David Scadden, co-director of This is something that is well within lieve the President had it right in 2001. the Harvard Stem Cell Institute. the public ethical norms. We should be It was correct to put parameters and The National Institutes of Health supporting H.R. 810. boundaries around this research. said: ‘‘Human embryonic stem cells are f f thought to have much greater develop- mental potential than adult stem cells. HONORING THE REVEREND DOUG URGING MEMBERS TO SUPPORT This means that embryonic stem cells WESTMORELAND FEDERAL FUNDING OF STEM may be pluripotent, that is, able to (Mrs. BLACKBURN asked and was CELL AND CORD BLOOD RE- give rise to cells found in all tissues of given permission to address the House SEARCH the embryo except for germ cells rath- for 1 minute and to revise and extend (Mr. COOPER asked and was given er than being merely multipotent.’’ her remarks.) permission to address the House for 1 ‘‘The bottom line, as far as I’m con- Mrs. BLACKBURN. Mr. Speaker, one minute and to revise and extend his re- cerned, is we just don’t know at this of the privileges we have from time to marks.) point what each can do, and we ought time is to stand and recognize those in Mr. COOPER. Mr. Speaker, if Mem- to be investigating both,’’ Dr. Joanne our community who do good, who im- bers are interested in finding a cure for Kutzberg at Duke University. prove the quality of life, who make our Parkinson’s disease, diabetes, cancer, One expert after another has said communities a better place to live. and many other of the dread diseases that there is tremendous potential And today I have that opportunity to that we face, please vote for this stem there. Let us not let it go to waste. recognize Reverend Douglas Westmore- cell bill today and please vote for the Vote ‘‘yes’’ on both of these bills. land, the pastor of Tusculum Hills Bap- cord blood bill today. They need to f tist Church in Nashville, Tennessee. In vote for both. June of 1975, 30 years ago, Reverend The narrow issue may seem whether AGAINST FORCING PRO-LIFE COM- Westmoreland answered the call and we expand federally funded research MUNITY TO FUND EMBRYONIC began sharing his ministry with the into embryonic stem cell work, but I STEM CELL RESEARCH members of Tusculum Hills Baptist think a better way to view the issue is (Mr. PENCE asked and was given per- Church. whether we allow the continual dis- mission to address the House for 1 It is my privilege today to join with carding of embryos from IVF clinics or minute and to revise and extend his re- those members and to thank him for whether we allow those to be used for marks.) his appreciation of the congregation, productive and life-giving research. Mr. PENCE. Mr. Speaker, I have for his guidance he has given the con- This is a very important moment for enormous respect for the gentleman gregation and the inspiration that he this House. I would urge all of my col- from Delaware (Mr. CASTLE) and for has given not only to the congregation leagues to do the right thing for the fu- the sincerity of his purpose in bringing but also to our entire community. We ture of our kids and grandkids because forward legislation today that would thank Reverend Westmoreland for his this research needs to be conducted. It fund the destruction of human embryos continued service, and I thank the needs to be conducted with Federal for the purpose of scientific research Members of this body for joining me in support. It needs to be conducted here with Federal tax dollars. honoring him. in America. Mr. Speaker, I am not a scientist. I f There was a breakthrough just last do know that there have been more week in South Korea. Are we going to than 60 successful treatments using THE ISSUE OF FEDERAL FUNDING send our loved ones overseas in order adult stem cells; there have been zero FOR EMBRYONIC STEM CELL RE- to get this lifesaving research? We treatments developed using embryonic SEARCH should do it here. stem cells. (Mr. BURGESS asked and was given f But let us be clear today about this permission to address the House for 1 debate. Embryonic stem cell research minute and to revise and extend his re- URGING SUPPORT FOR H.R. 2520 today, despite my objection and the ob- marks.) AND H.R. 810, STEM CELL RE- jection of tens of millions of pro-life Mr. BURGESS. Mr. Speaker, we are SEARCH Americans, embryonic stem cell re- going to take up a bill this morning (Mr. CASTLE asked and was given search is legal in America today. It that would greatly expand Federal permission to address the House for 1 goes on using private dollars every day. funding for embryonic stem cell re- minute and to revise and extend his re- The debate on the floor today that the search, and that is the issue this morn- marks.) gentleman from Delaware just referred ing, the issue of Federal funding for Mr. CASTLE. Mr. Speaker, I just left to, his legislation has to do with using this process. The question is, are we a press conference; and four of the Federal tax dollars to fund research going to use taxpayer dollars for de- speakers there spoke about their dis- that involves the destruction of human struction of human embryos in order to eases, none of which could be cured by embryos. I believe it is morally wrong further a certain line of research? adult stem cell research: a form of can- to destroy human embryos for the pur- President Bush in 2001 outlined his cer, Parkinson’s, juvenile diabetes, and poses of research, but I believe it is policy. There are 78 stem cell lines a person who is a paraplegic. doubly morally wrong to force millions available at the National Institutes of There is absolutely no doubt in my of pro-life Americans to see their tax Health available for study. Today’s bill mind that every single one of us has dollars used to support research that would in fairness expand those lines many constituents who have been to they find morally offensive. but would do so at the expense of our offices over the years who have had Let the debate begin. human embryos that would be human these problems and have come to our f embryos destroyed with taxpayer dol- offices for help. This is not the time to lars. allow bad science or ideology to get in PROVIDING FOR CONSIDERATION Mr. Speaker, there is no prohibition the way of doing what is right for the OF H.R. 2419, ENERGY AND on any couple who has an embryonic at people of this country and of the world. WATER DEVELOPMENT APPRO- an IVF clinic, at a reproductive There are 110 million people in the PRIATIONS ACT, 2006 endocrinologist clinic, who wishes to United States of America who poten- Mr. LINCOLN DIAZ-BALART of donate that embryo to a private lab for tially could be helped by embryonic Florida. Mr. Speaker, by direction of development into a stem cell line. That stem cell research. the Committee on Rules, I call up can happen today. There is no such I have just been going through what House Resolution 291 and ask for its prohibition. some of the experts have said. One said: immediate consideration.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10965 The Clerk read the resolution, as fol- Member of this House the opportunity the gentleman from Ohio (Chairman lows: to submit amendments for consider- HOBSON) for truly extraordinary work H. RES. 291 ation, obviously as long as they are on this important legislation. I urge Resolved, That at any time after the adop- germane under the rules of the House. my colleagues, Mr. Speaker, to support tion of this resolution the Speaker may, pur- This legislation before us today, Mr. both the rule and the underlying bill. suant to clause 2(b) of rule XVIII, declare the Speaker, appropriates almost $30 bil- Mr. Speaker, I reserve the balance of House resolved into the Committee of the lion for the U.S. Army Corps of Engi- my time. Whole House on the state of the Union for neers, the Departments of the Interior Ms. MATSUI. Mr. Speaker, I yield consideration of the bill (H.R. 2419) making and Energy, and several independent myself such time as I may consume. appropriations for energy and water develop- agencies. This bill is truly fiscally Mr. Speaker, I thank the gentleman ment for the fiscal year ending September 30, sound, representing a reduction of from Florida for yielding me this time. 2006, and for other purposes. The first read- Mr. Speaker, I look forward to to- ing of the bill shall be dispensed with. All $131.7 million from the fiscal year 2005 legislation and the same spending level day’s consideration of H.R. 2419, which points of order against consideration of the reflects much thought and long-term bill are waived. General debate shall be con- as was requested by the President in fined to the bill and shall not exceed one his budget request. At the same time, planning on behalf of the Committee hour equally divided and controlled by the Mr. Speaker, this legislation provides on Appropriations. This year’s energy chairman and ranking minority member of the resources necessary to address the and water bill means a great deal to my constituents and to my home in the Committee on Appropriations. After gen- energy and water needs of the United eral debate the bill shall be considered for Sacramento. States. amendment under the five-minute rule. Sacramento’s history has long been H.R. 2419 provides $4.7 billion for the Points of order against provisions in the bill intertwined with flood control. When U.S. Army Corps of Engineers. The for failure to comply with clause 2 of rule the city endured a near catastrophic corps is the world’s premier public en- XXI are waived except for section 104. Where flood in 1986, the community quickly points of order are waived against part of a gineering organization, responding to realized they did not have nearly the paragraph, points of order against a provi- the needs of the Nation in peace and in level of flood protection necessary to sion in another part of such paragraph may war. For over 200 years the corps has be made only against such provision and not fully safeguard the region. After the been involved in such important mis- city again faced more floods in 1997, against the entire paragraph. During consid- sions as flood control, shoreline pre- eration of the bill for amendment, the Chair- the community set off to achieve 200- man of the Committee of the Whole may ac- vention, navigation and safety on the year flood protection. However, until cord priority in recognition on the basis of waterways of this great Nation. The that day arrives, flooding remains a whether the Member offering an amendment vital work of the corps will continue very constant and real threat, and con- has caused it to be printed in the portion of under this act, which includes a vig- tinued Federal assistance plays an im- the Congressional Record designated for that orous civil works program. portant role to attaining that goal. purpose in clause 8 of rule XVIII. Amend- The bill also includes a number of ments so printed shall be considered as read. In spite of years of efforts, Sac- significant changes to improve project ramento still remains one of the most When the committee rises and reports the execution and financial management, bill back to the House with a recommenda- flood-prone and threatened cities in the tion that the bill do pass, the previous ques- including more responsible use of re- country, paling in comparison to the tion shall be considered as ordered on the programming, continuing contracts level of protection enjoyed by other bill and amendments thereto to final passage and implementation of long-term fi- river cities. According to the U.S. without intervening motion except one mo- nancial planning. Army Corps of Engineers, Sac- tion to recommit with or without instruc- I would like to highlight a corps ramento’s flood risk is among the high- tions. project of particular interest to my est of major urban areas in the coun- The SPEAKER pro tempore (Mr. community, the Comprehensive Ever- try. KLINE). The gentleman from Florida glades Restoration Program. The res- Located at the confluence of the Sac- (Mr. LINCOLN DIAZ-BALART) is recog- toration of the Everglades, that wonder ramento and American Rivers, Sac- nized for 1 hour. of nature, is the largest and most sig- ramento is the hub of a six-county re- Mr. LINCOLN DIAZ-BALART of nificant environmental initiative that gional economy that provides 800,000 Florida. Mr. Speaker, for the purpose this country has ever undertaken. The jobs for 1.5 million people. A major of debate only, I yield the customary 30 legislation continues our commitment flood along the American River would minutes to the gentlewoman from Cali- to the restoration of this environ- cripple this economy, cause between $7 fornia (Ms. MATSUI), pending which I mental treasure with an appropriation billion and $16 billion in direct prop- yield myself such time as I may con- of $137 million. I am pleased to report erty damages and likely result in sig- sume. During consideration of this res- that Everglades restoration is moving nificant loss of life. The risk of serious olution, all time yielded is for the pur- forward expeditiously and effectively. flooding poses an unacceptable threat poses of debate only. Congress, and the Committee on Ap- to the safety and economic well-being propriations especially, should be of Sacramento and to California’s b 1030 proud of this environmentally sound State Capitol. Mr. Speaker, H. Res. 291 is an open action. With the steady support of Congress, rule that provides for the consideration The National Nuclear Security Ad- Sacramento has already made good of H.R. 2419, the Fiscal Year 2006 En- ministration, which includes the nu- progress toward our initial goal of ergy and Water Development Appro- clear weapons program, defense nuclear achieving 100-year flood protection for priations bill. The rule provides 1 hour nonproliferation, naval reactors and the region and ultimately moving as of general debate, equally divided and the Office of the Administrator, is quickly as possible towards 200-year controlled by the chairman and rank- funded at $8.8 billion, an increase of $24 flood protection. At the beginning of ing minority member of the Committee million over fiscal year 2005. I am glad this year, FEMA revised its flood maps on Appropriations. The rule also pro- to see that the appropriators increased for the majority of Sacramento to re- vides one motion to recommit, with or this program. Nonproliferation is es- flect 100-year flood protection. But this without instructions. sential to the defense of the homeland. level of flood protection is still a far I would like to take a moment, Mr. Our work across the globe, especially cry from the protection afforded other Speaker, to reiterate that we bring in Russia, makes it ever more difficult large river cities and at least 100,000 forth this resolution under a fair and for rogue states and terrorists to ob- people and 1,500 businesses continue to open rule. tain the weapons necessary to attack be at high risk in the south Sac- Historically, appropriations bills the United States or our Armed Forces ramento area. have come to the floor of the House abroad or our allies. Fortunately, as a result of long, bi- governed by open rules. We continue to I would like to thank the gentleman partisan negotiations, Congress has au- do so in order to allow each and every from California (Chairman LEWIS) and thorized a suite of projects that will

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10966 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 achieve 200-year flood protection. Upon around the world to bring economic, The recently passed Energy Policy completion of the authorized projects social and political pressure to bear on Act failed to adequately invest in re- to improve area levees, modify the out- any country trying to gain nuclear newable energy and conservation, di- lets at Folsom Dam and raise Folsom weapon capabilities. recting $600 million to these efforts Dam by 7 feet, Sacramento will attain It is illogical to expect any other na- while allocating more than 40 percent its long-term flood control goal. I deep- tion to listen to Americans speak of of the bill’s $8.1 billion in tax cuts, that ly appreciate the Committee on nonproliferation when we are devel- is, $3.2 billion, toward the oil and gas Appropriations’s commitment to fund- oping bunker-busting nuclear weapons. industries, the same traditional re- ing these projects to help give Sac- I stand with the committee’s position sources that in large part we depend on ramento the level of flood protection to stop nuclear earth penetrator re- foreign countries for. that it both needs and deserves. search. Considering the vast amount of Mr. Speaker, if we do not change our I am also quite pleased with the work nuclear material that is not secured in focus, our country’s consumption of oil that the committee has done to ensure the former Soviet Union, I believe it is will only increase. By 2025, oil usage corps projects are executed in an effi- a much better investment to fund the will increase to 28.3 million barrels per cient manner with improved financial Sustainable Stockpile Initiative. day, with imports accounting for 19.68 management. For example, the work Through this program, we will be able million of those barrels. Leaving our necessary to achieve 200-year flood pro- to increase our Nation’s security by energy security in the hands of inter- tection will take 15 to 20 years to com- keeping their Cold War-era nuclear national oil barons is a foolish and dan- plete. The committee is asking that weapons and materials from falling gerous approach. the corps develop a 5-year plan and a into the hands of terrorist organiza- b 1045 vision for water infrastructure in the tions. country. The current year-by-year My one disappointment with this That is why I wanted to offer an strategy would not be an efficient man- rule, Mr. Speaker, is that yesterday amendment to the fiscal year 2006 En- ner to plan for the significant financial afternoon the Committee on Rules re- ergy and Water Appropriations Act demands. This would ultimately com- fused to make in order a good amend- that would provide the Department of promise the ability to implement the ment offered by the gentlewoman from Energy with $250 million to accelerate region’s flood control projects. Efforts Pennsylvania (Ms. SCHWARTZ). Her the research, development, demonstra- to comprehensively interrogate finan- amendment would provide the Depart- tion, and deployment of new energy cial planning and project management ment of Energy an additional $250 mil- technologies. in the corps will greatly benefit not lion to accelerate energy research, de- Mr. Speaker, the benefits of control- only the execution of the projects, but velopment, demonstration and deploy- ling our own energy sources are enor- also the local and State partner’s abil- ment. This investment will help our mous. A down payment of $250 million ity to plan their budget. Nation harness technology to secure would spur much-needed work in the It is certainly understandable that greater independence from foreign emerging sector of energy technology. no matter how extensive the planning sources of energy. As we face rapidly We could bring to bear reliable and suc- and preparation for a project, that as it rising prices for crude oil and gasoline cessful methods of wind, solar, bio- moves forward, it may get off schedule. at the pump, I believe this issue is very mass, hydrogen, and other forms of en- With that in mind, it is certainly help- timely and of great relevance to our ergy. It could bring new ways to bring ful for the corps to be able to repro- debate today about the funding prior- cleaner, safer, and more efficient en- gram funding to projects that can keep ities for the Department of Energy. ergy with more traditional sources, in- progressing. But this should only hap- This bill moves our country forward cluding coal and oil. It would put the pen if the corps can return the funding on many levels, from improving local United States on a course to energy back to the project the funds originally water infrastructure, to bigger-picture independence, something we all talk came from. To not do so is a complete Corps of Engineers financial manage- about. disregard of congressional directive. In ment and efficiency issues, to global It would also help maintain our such tight financial times, the corps issues like nuclear nonproliferation. I standing as a world leader with regard must curb this practice. strongly support the underlying bill to scientific discovery by establishing I strongly support the committee di- and am pleased it was reported in a bi- a 21st-century engine to discover new, rective that the corps specifically iden- partisan fashion. more efficient, cleaner energy sources tify all of the funding owed to projects Mr. Speaker, I yield 31⁄2 minutes to for the future. We would help to create as a result of reprogramming. I also be- the gentlewoman from Pennsylvania new, high-paying jobs and keep the lieve integrating this funding into the (Ms. SCHWARTZ). United States on the cutting edge of corps budget will help clear the books Ms. SCHWARTZ of Pennsylvania. Mr. science and technology. With appro- and assist the corps in efficient project Speaker, I rise in opposition to the rule priate investments, consumers as well execution and financial management. under consideration. as businesses will have greater, rather By working together, the Congress, Yesterday, I asked the Committee on than fewer, and less expensive options. the administration and the corps of En- Rules to provide a waiver so that the In the end, shifting our energy econ- gineers will be better prepared to en- House could consider my amendment omy means improved national secu- sure limited Federal resources are to create the energy technology to rity, more American jobs, a stronger spent efficiently, commitments to power the 21st century initiative which economy, and a cleaner environment. local sponsors are honored and projects would provide $250 million to accel- It is time to demand action on policy remain on schedule. erate the research, development, dem- initiatives that will set the United I would also like to take a moment onstration and deployment of new en- States free from its reliance on im- to acknowledge the committee’s work ergy technologies and make our Nation ported oil. determining funding priorities for the less reliant on foreign energy. Unfortu- I urge a ‘‘no’’ vote on the previous Department of Energy. This year’s En- nately, my request was denied along question. ergy and Water Appropriations bill party lines. Mr. LINCOLN DIAZ-BALART of highlights the committee’s focus on Mr. Speaker, there is no question Florida. Mr. Speaker, I yield myself other long-range issues, noticeably much of our energy supply is con- such time as I may consume. their commitment to nuclear non- trolled by foreign nations. Just as we With regard to an amendment that proliferation. are trying to improve national secu- was allegedly not made in order, I want Sadly, this President’s go-it-alone rity, we have failed to complement to reiterate, Mr. Speaker, that we approach has been ineffective in reduc- these efforts with the energy policies brought forth this legislation under an ing the threat by cooperating and that would move us towards greater open rule. Obviously, an amendment working with our allies and others energy independence. has to be germane and not violate the

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10967 rules of the House. We very much at- constituents’ tax dollars by pumping This is an important appropriations tempted to bring forth this appropria- money toward a project that continues bill, and it is one that we are pleased, tions bill under an open rule, and we to crumble from the inside. obviously, to bring forward under the are pleased that we were able to do so, Mr. Speaker, I urge my colleagues to great tradition of open rules. So I very and obviously that permits the amend- reject the funding levels for Yucca strongly support not only the under- ment process to be wide open and obvi- Mountain in the underlying bill. How- lying legislation but also the rule, and ously fair. ever, I will support the rule so that we I would ask for an affirmative vote by Mr. Speaker, I yield 3 minutes to the can move forward with debate on this all of our colleagues on the previous gentleman from Nevada (Mr. GIBBONS), very important issue. question as well. my distinguished friend and a great Ms. MATSUI. Mr. Speaker, I yield Mr. HASTINGS of Washington. Mr. Speak- leader in this House. myself such time as I may consume. er, while I am not present for today’s debate Mr. GIBBONS. Mr. Speaker, I thank I will be asking Members to oppose on this rule or on the underlying Fiscal Year my good friend and colleague for allow- the previous question. If the previous 2006 Energy and Water Appropriations bill ing me today to rise in support of the question is defeated, I will amend the due to an illness in my family, I do urge my rule, but in opposition to the under- rule so that we can consider the colleagues to support both measures. lying bill. First, I would like to thank Schwartz amendment that was offered This is an open rule and allows for full de- the chairman, the gentleman from in the Committee on Rules last night, bate on funding for the Army Corps of Engi- California (Mr. DREIER), for allowing but rejected on a straight party-line neers, Bureau of Reclamation, and all pro- me time to speak on an issue that is vote. grams and activities of the Department of En- very important to my home State of Mr. Speaker, the Schwartz amend- ergy in the next fiscal year. Nevada. ment proposes an important new ini- Writing this bill was a challenging task, as Mr. Speaker, since the proposal of tiative to help the United States re- Subcommittee Chairman HOBSON had over Yucca Mountain over 2 decades ago, duce our dependence on imported oil $130 million less to spend in Fiscal Year 2006 Nevadans have collectively fought and strengthen our national security. than was spent in Fiscal Year 2005. I com- against this ill-advised project. I hope It would provide the Department of En- mend Chairman HOBSON for the tremendous that one day I can come to the House ergy with an additional $250 million leadership he has shown in constructing this floor and tell the people of Nevada that next year to accelerate the research bill and for garnering bipartisan support for it they no longer need to worry about and deployment of energy technology in both his Subcommittee and the full Appro- this disastrous proposal. Unfortu- that will reduce our country’s con- priations Committee. I fully expect it will pass nately, Mr. Speaker, today is not that sumption of fossil fuels. this House with strong bipartisan support as day. I also want to point out that the cost well. I agree with my colleagues that we of this amendment is fully paid for and must find a solution to the escalating will not increase the deficit by one I particularly want to thank Chairman HOB- energy problem in this country. How- penny. The funding for this amendment SON for the continued commitment he has ever, digging a hole in the Nevada will come from a small, less than 1 per- shown to the Department of Energy’s Environ- desert and burying the waste is simply cent reduction in a tax cut for people mental Management program and cleanup of not the answer. The Yucca Mountain making over $1 million this year. the Hanford site in Washington state. The Ad- project was based on 1980s science and A ‘‘no’’ vote will not prevent us from ministration’s proposed budget reductions at technology and has no place in our considering the Energy and Water Ap- Hanford would have jeopardized the progress country today. We need to focus on propriations bill, but a ‘‘no’’ vote will and cleanup momentum that has been 21st-century solutions like reprocess- allow Members to vote on the Schwartz achieved through accelerated cleanup over ing and transmutation processes to re- amendment. However, a ‘‘yes’’ vote the past 3 years and put cleanup deadlines in duce our nuclear waste. Going forward will prevent us from voting on this re- jeopardy of being missed. The restoration of with the Yucca Mountain project is sponsible and aggressive approach to over $200 million for Hanford in this bill will like still using cassette tapes or even 8- help our Nation out of its dependency ensure that cleanup momentum continues, the track stereo tapes in an era of MP3 on foreign oil. Department has the ability to meet its legal players and Ipods. At this point, Mr. Speaker, I ask timelines, and that skilled workers remain on In addition to this disregard of mod- unanimous consent to insert the text the job. ern technology, it seems now the DOE of the amendment immediately prior The Federal government has a legal and does not even care about ensuring the to the vote. moral obligation to cleanup Hanford and the science they are basing the project on, The SPEAKER pro tempore (Mr. Nation’s other nuclear waste sites, and this bill outdated or not, is even accurate. I met KLINE). Is there objection to the re- ensures that these promises are kept. with Secretary Bodman, along with the quest of the gentlewoman from Cali- In addition to significantly restoring funds to rest of the Nevada delegation, and we fornia? Hanford’s budget, this bill provides funding for discussed the recent scandal regarding There was no objection. preservation of the B Reactor, for operation of the falsification of science from some Ms. MATSUI. Mr. Speaker, vote ‘‘no’’ the Volpentest HAMMER training facility, and employees directly involved in the on the previous question so that we can for the critical effort to develop replacement project. Despite the manipulation of have an opportunity to vote on the lab space for Pacific Northwest National Lab the data and the complete disregard for Schwartz amendment. scientists who will soon be required to vacate quality assurance that the employees Mr. Speaker, I yield back the balance their current workspaces for cleanup work. have shown, the Secretary dem- of my time. PNNL is home to world-class researchers and onstrated absolutely no willingness to GENERAL LEAVE ensuring they are able to continue their work review the Yucca Mountain project. Mr. LINCOLN DIAZ-BALART of is important for our Nation and for the eco- I know most of my colleagues are not Florida. Mr. Speaker, I ask unanimous nomic future of the TriCities community in following this issue as closely as we are consent that all Members may have 5 Washington state. in Nevada; but for the sake of govern- legislative days within which to revise While water project funding is much tighter ment accountability, we must halt this and extend their remarks and include this year due to overall spending constraints, project until we have time to fully in- extraneous material on H. Res. 291. I am pleased that several important Wash- vestigate these accusations. The SPEAKER pro tempore. Is there ington state initiatives were included in this As Members of Congress, we are en- objection to the request of the gen- bill. Scarce funds will be used to continue the trusted with responsibly spending the tleman from Florida? progress on the Bureau or Reclamation study taxpayers’ dollars, and now is the time There was no objection. of additional water storage in the Yakima for us to stand up and demand that the Mr. LINCOLN DIAZ-BALART of River Basin that I began in 2003. Additional Department of Energy be accountable Florida. Mr. Speaker, I yield myself funding is also provided for work to address for its actions. We are only wasting our such time as I may consume. depletion of the Odessa Subaquifer, the Port

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10968 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 of Sunnyside’s wastewater treatment and wet- Brown-Waite, Hefley Pence Inslee Melancon Schakowsky land restoration project, and the deepening of Ginny Hensarling Peterson (MN) Israel Menendez Schiff Burgess Herger Peterson (PA) Jackson (IL) Michaud Schwartz (PA) the Columbia River channel. Buyer Hobson Petri Jackson-Lee Miller (NC) Scott (GA) I urge my colleagues to support this rule Calvert Hoekstra Pickering (TX) Miller, George Scott (VA) and to support passage of the underlying En- Camp Hostettler Pitts Jefferson Mollohan Serrano Cannon Hulshof Platts Johnson, E. B. Moore (KS) ergy and Water Appropriations bill. Sherman Cantor Hunter Pombo Jones (OH) Moore (WI) Skelton Kanjorski Moran (VA) The material previously referred to Capito Hyde Porter Slaughter Kaptur Murtha by Ms. MATSUI is as follows: Carter Inglis (SC) Price (GA) Smith (WA) Castle Issa Putnam Kennedy (RI) Nadler Snyder PREVIOUS QUESTION H. RES. 291—RULE FOR Chabot Jenkins Radanovich Kildee Napolitano Solis H.R. 2419, FY06 ENERGY AND WATER APPRO- Chocola Jindal Ramstad Kilpatrick (MI) Neal (MA) Spratt PRIATIONS Coble Johnson (CT) Regula Kind Oberstar Stark At the end of the resolution, add the fol- Cole (OK) Johnson (IL) Rehberg Kucinich Obey Langevin Olver Strickland lowing new sections: Conaway Johnson, Sam Reichert Cox Keller Renzi Lantos Ortiz Stupak SEC. 2. Notwithstanding any other provi- Crenshaw Kelly Rogers (AL) Larsen (WA) Owens Tanner sion of this resolution, the amendment print- Cubin Kennedy (MN) Rogers (KY) Larson (CT) Pallone Tauscher ed in section 3 shall be in order without Culberson King (IA) Rogers (MI) Lee Pascrell Taylor (MS) intervention of any point of order and before Cunningham King (NY) Rohrabacher Levin Pastor Thompson (CA) any other amendment if offered by Rep- Davis (KY) Kingston Ros-Lehtinen Lewis (GA) Payne Thompson (MS) resentative Schwartz of Pennsylvania or a Davis, Jo Ann Kirk Royce Lipinski Pelosi Tierney Davis, Tom Kline Ryan (WI) Lofgren, Zoe Pomeroy Towns designee. The amendment is not subject to Lowey Price (NC) amendment except for pro forma amend- Deal (GA) Knollenberg Ryun (KS) Udall (CO) DeLay Kolbe Saxton Lynch Rahall Udall (NM) ments or to a demand for a division of the Dent LaHood Schwarz (MI) Maloney Rangel Van Hollen Markey Reyes question in the committee of the whole or in Diaz-Balart, L. Latham Sensenbrenner Vela´ zquez Marshall Ross the House. Diaz-Balart, M. LaTourette Sessions Visclosky Matheson Rothman SEC. 3. The amendment referred to in sec- Doolittle Leach Shadegg Wasserman tion 2 is as follows: Drake Lewis (CA) Shaw Matsui Roybal-Allard McCarthy Ruppersberger Schultz Dreier Lewis (KY) Shays Waters AMENDMENT TO H.R. 2419, AS REPORTED Duncan Linder McCollum (MN) Ryan (OH) Sherwood Watson Ehlers LoBiondo Shimkus McGovern Sabo OFFERED BY MS. SCHWARTZ OF PENNSYLVANIA Waxman Emerson Lucas Shuster McIntyre Salazar Page 19, line 5, insert ‘‘(increased by ´ Weiner English (PA) Lungren, Daniel Simmons McKinney Sanchez, Linda $250,000,000)’’ after ‘‘$1,762,888,000’’. Everett E. Simpson McNulty T. Woolsey Page 45, after line 8, insert the following: Feeney Mack Smith (NJ) Meehan Sanders Wynn SEC. 503. In the case of any taxpayer with Ferguson Manzullo Smith (TX) adjusted gross income in excess of $1,000,000 Fitzpatrick (PA) Marchant Sodrel NOT VOTING—24 for the taxable year ending in calendar year Flake McCaul (TX) Souder Boehlert Jones (NC) Reynolds 2006, the amount of tax reduction for the tax- Foley McCotter Stearns Brady (TX) Kuhl (NY) Rush payer for such year resulting from enact- Forbes McCrery Sullivan Burton (IN) McDermott Sanchez, Loretta Fortenberry McHenry Sweeney Cardoza Meek (FL) Walsh ment of the Economic Growth and Tax Relief Fossella McHugh Tancredo Delahunt Meeks (NY) Reconciliation Act of 2001 (Pub. L. 107–16) Watt Foxx McKeon Taylor (NC) Dingell Millender- Wexler and the Jobs and Growth Tax Relief Rec- Franks (AZ) McMorris Terry Gohmert McDonald Wu onciliation Act of 2003 (Pub. L. 108–27) shall Frelinghuysen Mica Thomas Hastings (WA) Poe be reduced by 0.78 percent. Gallegly Miller (FL) Thornberry Istook Pryce (OH) Garrett (NJ) Miller (MI) Tiahrt Mr. LINCOLN DIAZ-BALART of Gerlach Miller, Gary Tiberi ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gibbons Florida. Mr. Speaker, I yield back the Moran (KS) Turner The SPEAKER pro tempore (Mr. balance of my time, and I move the Gilchrest Murphy Upton Gillmor Musgrave Walden (OR) KLINE) (during the vote). Members are previous question on the resolution. Gingrey Myrick Wamp advised that there are 2 minutes re- The SPEAKER pro tempore. The Goode Neugebauer Weldon (FL) maining in this vote. question is on ordering the previous Goodlatte Ney Weldon (PA) question. Granger Northup Weller Graves Norwood Westmoreland b 1115 The question was taken; and the Green (WI) Nunes Whitfield Speaker pro tempore announced that Gutknecht Nussle Wicker Messrs. BISHOP of New York, the ayes appeared to have it. Hall Osborne Wilson (NM) Harris Otter Wilson (SC) ORTIZ, RUPPERSBERGER, BERMAN, Ms. MATSUI. Mr. Speaker, I object Hart Oxley Wolf GENE GREEN of Texas, Ms. WASSER- to the vote on the ground that a Hayes Paul Young (AK) MAN SCHULTZ and Ms. SOLIS quorum is not present and make the Hayworth Pearce Young (FL) changed their vote from ‘‘yea’’ to point of order that a quorum is not NAYS—190 ‘‘nay.’’ present. So the previous question was ordered. The SPEAKER pro tempore. Evi- Abercrombie Carnahan Emanuel Ackerman Carson Engel The result of the vote was announced dently a quorum is not present. Allen Case Eshoo as above recorded. The Sergeant at Arms will notify ab- Andrews Chandler Etheridge sent Members. Baca Clay Evans PERSONAL EXPLANATION Baird Cleaver Farr Pursuant to clause 9 of rule XX, the Baldwin Clyburn Fattah Mr. POE. Mr. Speaker, due to other obliga- Chair will reduce to 5 minutes the min- Barrow Conyers Filner tions, I unfortunately missed the following vote imum time for electronic voting, if or- Bean Cooper Ford on the House floor today, Tuesday, May 24, Becerra Costa Frank (MA) dered, on the question of adoption of Berkley Costello Gonzalez 2005. the resolution. Berman Cramer Gordon Had I been able to vote, I would have voted The vote was taken by electronic de- Berry Crowley Green, Al ‘‘yes’’ on rollcall vote No. 203 (On Ordering vice, and there were—yeas 219, nays Bishop (GA) Cuellar Green, Gene Bishop (NY) Cummings Grijalva the Previous Question—Providing for consid- 190, not voting 24, as follows: Blumenauer Davis (AL) Gutierrez eration of the bill (H.R. 2419) making appro- [Roll No. 203] Boren Davis (CA) Harman priations for energy and water development for Boswell Davis (FL) Hastings (FL) YEAS—219 Boucher Davis (IL) Herseth FY 2006). Aderholt Bass Bonilla Boyd Davis (TN) Higgins The SPEAKER pro tempore (Mr. Akin Beauprez Bonner Brady (PA) DeFazio Hinchey KLINE). The question is on the resolu- Alexander Biggert Brown (OH) DeGette Hinojosa Bono tion. Bachus Bilirakis Boozman Brown, Corrine DeLauro Holden Baker Bishop (UT) Boustany Butterfield Dicks Holt The resolution was agreed to. Barrett (SC) Blackburn Capps Doggett Honda Bradley (NH) A motion to reconsider was laid on Bartlett (MD) Blunt Brown (SC) Capuano Doyle Hooley Barton (TX) Boehner Cardin Edwards Hoyer the table.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10969 GENERAL LEAVE Mr. Chairman, it is my pleasure to while projects that are already under Mr. HOBSON. Mr. Speaker, I ask submit to the House for its consider- construction. unanimous consent that all Members ation H.R. 2419, the Energy and Water Until we begin to clear out the enor- may have 5 legislative days within Development Appropriations Bill for mous backlog of ongoing work, we are which to revise and extend their re- fiscal year 2006. reluctant to start new projects; there- marks and include extraneous material The Committee on Appropriations fore, we did not include any new starts on H.R. 2419 and that I may include approved this bill unanimously on May again this year in this bill. One consequence of adopting this new tabular material on the same. 18, and I believe it is a good bill that performance-based approach to the The SPEAKER pro tempore. Is there merits the support of the entire House. Mr. Chairman, this bill provides an- corps is that the funds available for objection to the request of the gen- nual funding for a wide range of Fed- member adds for corps projects are tleman from Ohio? eral programs including such diverse very limited this year. In part, this is There was no objection. matters as flood control, navigation because for the first time in years we f improvements, environmental restora- received a budget request in which MAKING IN ORDER AMENDED tion, nuclear waste disposal, advanced many congressional priorities are al- VERSION OF H.R. 2419, ENERGY scientific research, applied energy re- ready at the funded level. I think this AND WATER DEVELOPMENT AP- search, maintenance of our nuclear is an improvement. However, even with PROPRIATIONS ACT, 2006 stockpile, and nuclear non-prolifera- that request as a good starting point, Mr. HOBSON. Mr. Speaker, I ask tion. the total amount that we can provide unanimous consent that during consid- Total funding for energy and water for the corps is less than what the eration of H.R. 2419, pursuant to House development in fiscal year 2006 is House passed in fiscal year 2005. Resolution 291, the amendment that I $29,746,000,000. This funding amount With a healthy base request and a have placed at the desk be considered represent a decrease of $728,000 below lean 302(b) allocation, we did not add as as adopted in the House and in the the budget request and $86.3 million much for Member projects as we have Committee of the Whole and consid- below the current fiscal year. This bill in previous years. We were harsh, but ered as the original text for purpose of is right at our subcommittee’s 302(b) fair, in how we dealt with these Mem- further amendment. allocation and provides adequate funds ber projects. The SPEAKER pro tempore. The to meet the priority needs of the Our fiscal year 2006 Energy and Clerk will report the amendment. House. Water bill makes major strides to im- The Clerk read as follows: Title I of the bill provides for the proving the corps’ project execution Civil Works Program of the Army reprogrammings and continuing con- Amendment to H.R. 2419 offered by Mr. Corps of Engineers; the Formally Uti- tracts. For a workload of approxi- HOBSON: Add at the end the following: lized Sites Remedial Action Program, mately 2,000 projects, the Chief of Engi- This Act may be cited as the ‘‘Energy and which is executed by the corps; and the neers recently told me that the corps Water Development Appropriations Act, Office of the Assistant Secretary of the had 2,000 projects, but they had 20,000 2006’’. Army for Civil Works. The Committee reprogrammings. We think this is not The SPEAKER pro tempore. Is there recommends a total of $4.746 billion for good management, and we have done a objection to the request of the gen- title I activities, $294 million below the lot in our bill to try to focus the corps tleman from Ohio? current year and $414 million above the on these continuing contracts. There was no objection. current budget request. The problem is that the corps has f I want to explain a couple of things done a lot of reprogrammings. They about the corps as we go through this have moved funds around. We believe ENERGY AND WATER DEVELOP- and take a little time on this because this is a case management problem. We MENT APPROPRIATIONS ACT, some of this is a change. have taken extensive efforts to try to 2006 For a number of years, the corps reform this program because we think The SPEAKER pro tempore. Pursu- Civil Works Program has been oversub- that they may not have the money to ant to House Resolution 291 and rule scribed where Congress kept giving the restore what they should, and if there XVIII, the Chair declares the House in corps more and more projects to do but is a big plume in all of this, that they the Committee of the Whole House on not enough money to do them. We took cannot really tell us what it is all the State of the Union for the consider- steps last year to put the corps on the about. ation of the bill, H.R. 2419. road to fiscal recovery by eliminating Another area that we have a problem the number of new starts and concen- with is in the continuing-contract b 1120 trating resources on the completion of area. Some people would like to get rid IN THE COMMITTEE OF THE WHOLE ongoing construction projects. We also of continuing contracts. I do not hap- Accordingly, the House resolved asked OMB to adopt a new approach to pen to believe that. I think it is a tool itself into the Committee of the Whole future corps budget requests so that we that they need, but we need to make House on the State of the Union for the can use our limited resources to com- sure that they are not using them to consideration of the bill (H.R. 2419) plete the most valuable projects effi- excess and they are not using them to making appropriations for energy and ciently, instead of spreading those re- do things that either the administra- water development for the fiscal year sources very widely to make incre- tion did not want to fund, we did not ending September 30, 2006, and for mental progress across a large number want to fund, or the Senate did not other purposes, with Mr. GOODLATTE in of projects. want to fund; and that this money is the chair. The fiscal year 2006 budget request not being shifted around or execution The Clerk read the title of the bill. adopts such a performance-based ap- is being done that would inhibit our The CHAIRMAN. Pursuant to the proach for the corps budget. Proposing ability in future years to fund pro- rule, the bill is considered as having to use the ratio of remaining costs to grams by the original funding by the been read the first time. remaining benefits is the primary de- corps. Under the rule, the gentleman from terminant of which construction The Department of Energy received a Ohio (Mr. HOBSON) and the gentleman projects should receive priority consid- total of $24.318 billion in the Energy from Indiana (Mr. VISCLOSKY) each will eration for funding. While this ratio and Water bill. That is an increase of control 30 minutes. may not be a perfect measure of merit $105 million over the budget request, The Chair recognizes the gentleman of all the projects, the budget request about $101 million less than the fiscal from Ohio (Mr. HOBSON). represents good faith from the OMB to year 2005 level. As with the corps, we Mr. HOBSON. Mr. Chairman, I yield concentrate the corps’ limited re- asked the Department of Energy to myself such time as I may consume. sources on finishing the most worth- begin preparing 5-year budget plans,

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10970 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 first for individual programs and then domestic spent fuel. This may help to large unexpended prior-year balances an integrated plan for the Department. limit the billions of dollars of legal li- in that project, caused by the contin- I think this is just good money man- ability facing the Federal Government ued liability dispute with the Russians. agement within these Departments. We for its failure to accept commercial Given the constrained budget environ- need 5-year plans. We actually need spent fuel for disposal. ment, the committee cannot continue longer visions in these programs so It is also time to think about our re- to appropriate hundreds of millions of that we know what we are going to end luctance to reprocess spent fuel. The dollars for a construction project that up with in the waterways in the future Europeans are doing this very success- has been delayed for 3 years. and we know what the Department of fully, and there are some advanced re- I believe this is a responsible bill Energy’s plans are in the future. processing technologies in the research that makes sound investment decisions The committee has several important and development phase that promise to for the future of our agencies. Members new initiatives for the Department of reduce or eliminate some of the dis- will not receive as many water and en- Energy. DOE presently has significant advantages of the current chemical ergy projects as they may have liked, quantities of weapons-usable special process. but we did take care of their top prior- nuclear materials, plutonium and high- We add funds to the Nuclear Waste ities. Hopefully, we did that every- ly enriched uranium, scattered around Disposal account and direct the Sec- where. its complexes. Unfortunately, even retary to begin accepting commercial I want to thank all the Members of with the heightened attention to home- spent fuel in fiscal year 2006 for interim the Subcommittee on Energy and land security after the 9/11 attacks, the storage at one or more DOE sites. We Water Development, and Related Agen- Department has done little to consoli- also include additional funds and direc- cies for helping to bring this bill to the date these high-risk materials. We tion within the Nuclear Energy ac- floor today. I especially want to thank have provided additional funds for ma- count for the Secretary to select an ad- my ranking member, the gentleman terial consolidation initiative and di- vanced reprocessing technology in fis- from Indiana (Mr. VISCLOSKY), for his rect DOE to take aggressive action to cal year 2007 and to establish a com- extraordinary cooperation this past consolidate its weapons-usable ura- petitive process to select one or more year. In my opinion, this is truly a bi- nium and plutonium into fewer, more sites for an advanced fuel recycling fa- partisan bill that represents a hard- secure sites. cility. fought but ultimately fair and bal- We think this is not only a security Lastly, the committee recommends a anced compromise. This is the way I problem, but it costs us a lot of money new Sustainable Stockpile Initiative to believe our constituents expect their and we think we can do better. ensure the future of our Nation’s nu- Representatives to work together. We also propose a spent fuel recy- clear deterrent. The committee pro- I also want to thank the chairman of cling initiative to stimulate some fresh vides additional funds for the Reliable the Committee on Appropriations, the thinking on how this country deals Replacement Warhead that we initi- gentleman from California (Mr. LEWIS) with its spent nuclear fuel. I want to ated in last year’s conference report. and the ranking minority member, the state that I fully support the Yucca We placed the Reliable Replacement gentleman from Wisconsin (Mr. OBEY), Mountain Repository, and our bill fully Warhead in the context of a larger Sus- for their support and for allowing us to funds the request for Yucca Mountain tainable Stockpile Initiative, which we move this bill forward in such an expe- in fiscal year 2006. It is critical that we view as a package deal with several ditious manner. get Yucca Mountain done and done key components. Lastly, I want to thank the staff of right and done soon. However, we con- First, the Reliable Replacement War- the committee: Kevin Cook, our clerk; tinue to be frustrated by the delays in head is a program to reengineer exist- John Blazey, Scott Burnison, Terry getting the repository open, and we are ing warheads to be safer, more secure, Tyborowski, and Tracy LaTurner for concerned about what will happen after cheaper to maintain, easier to dis- their work on this bill. I also want to that first repository is built. mantle and, more importantly, easier thank Dixon Butler of the minority The Department of Energy estimates to certify without underground testing. staff and Kenny Kraft, from my office, that each year of delay on Yucca Secondly, we propose a modest slow- and Peder Moorbjerg from the Vis- Mountain costs the government an ad- down of Life Extension work on the old closky office. ditional billion dollars, half from the warheads in preparation for a shift to I want to especially acknowledge our legal liability for DOE’s failure to the newer replacement warheads. This agency’s detailees, Taunja Berquam begin accepting commercial spent fuel is coupled with a significant increase and Felicia Kirksey, for their invalu- beginning in 1988, as required by the in dismantlement rates to bring down able assistance in putting this bill and law, and the other half from the costs. the stockpile to match the President’s report together. In addition, the authorized capacity of decision about the size of the stockpile It is a shared bill. We all work to- Yucca Mountain will be fully utilized by the year 2012. Frankly, in the long gether and talk to each other, and I by the year 2010 with no place to dis- run, I am hopeful the Secretary’s task want to thank everybody for working pose of spent fuel generated after that force on the Nuclear Weapons Complex together to get this bill this far. date. will propose some sensible steps to Mr. Chairman, it is my privilege to submit It is time to rethink our approach on modernize the DOE Weapons Complex to the House for its consideration H.R. 2419, spent fuel. We need to start moving and bring it into line with these com- the Energy and Water Development Appro- spent fuel away from reactor sites to ing changes in the size and composition priations Bill for fiscal year 2006. The Appro- one or more centralized, above-ground of the stockpile. priations Committee approved this bill unani- interim storage facilities located at The committee provided for an ag- mously on May 18, and I believe this is a DOE sites. If we want to build a new gressive nuclear nonproliferation pro- good bill that merits the support of the entire generation of nuclear power reactors in gram within the National Nuclear Se- House. this country, we have got to dem- curity Administration. We provided an Mr. Chairman, this bill provides annual fund- onstrate to investors and the public additional $65 million to keep the plu- ing for a wide range of Federal programs, in- that the Federal Government will live tonium producing reactor shutdown cluding such diverse matters as flood control, up to its responsibilities under the Nu- program with the Russians on track to navigation improvements, environmental res- clear Waste Policy Act and to take have all three reactors closed by 2011. toration, nuclear waste disposal, advanced sci- title to commercial spent fuel. The committee also provided $85 mil- entific research, applied energy research, lion additional for the Russian mate- maintenance of our nuclear stockpile, and nu- b 1130 rial protection program to secure nu- clear nonproliferation. Total funding for energy I would note that we are already clear materials overseas. and water development in fiscal year 2006 is storing foreign reactor fuel on DOE We made a significant reduction to $29.746 billion. This funding amount rep- sites. It is time we do the same for our the domestic MOX plant because of the resents a decrease of $728,000 below the

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10971 budget request and $86.3 million below the corps has reprogrammed funds for amounts and we are concerned about what happens current fiscal year. This bill is right at our sub- as small as 6 cents. This is not sound finan- after that first repository is built. The Depart- committee’s 302(b) allocation, and provides cial management, and suggests that the corps ment of Energy estimates that each year of adequate funds to meet the priority needs of is more focused on moving money around fre- delay on Yucca Mountain costs the govern- the House. quently to meet the corps’ determination of ment an additional $1 billion, half from the Title I of the bill provides funding for the project needs, irrespective of the allocations legal liability for DOE’s failure to begin accept- Civil Works program of the Army Corps of En- provided in annual appropriations. Instead, the ing commercial spent fuel beginning in 1998, gineers, the Formerly Utilized Sites Remedial corps should be managing its workload within as is required by law, and the other half from Action Program, which is executed by the the project allocations provided by Congress. the costs. In addition, the authorized capacity corps, and the Office of the Assistant Sec- Much of this problem is driven by the corps’ of Yucca Mountain will be fully utilized by the retary of the Army for Civil Works. The com- misplaced emphasis on expending 99 percent year 2010, with no place to dispose of spent mittee recommends a total of $4.746 billion for of their funding every year, and they move fuel generated after that date. It is time to title I activities, $294 million below the current money around freely between projects to meet rethink our approach to dealing with spent year and $414 million above the budget re- that goal. We take steps to tighten up the re- fuel. We need to start moving spent fuel away quest. programming guidelines and to limit the corps’ from reactor sites to one or more centralized, For a number of years, the Corps Civil ability to make such frequent funding shifts. above-ground interim storage facilities located Works program has been oversubscribed, We expect the corps to execute the program at DOE sites. If we want to build a new gen- where Congress kept giving the corps more that Congress gives them, not simply take the eration of nuclear reactors in this country, we and more projects to do, but not enough funds that Congress appropriates and then need to demonstrate to investors and the pub- money to do them all. We took steps last year shuffle the money around to the corps’ own lic that the Federal Government will live up to to put the corps on the road to fiscal recovery, priorities. its responsibilities under the Nuclear Waste by limiting the number of new starts and con- Continuing contracts are a related problem. Policy Act to take title to commercial spent nu- centrating resources on the completion of on- Under this mechanism, the corps can obligate clear fuel. I would note that we are already going construction projects. We also asked the the Federal Government for funding future fis- storing foreign reactor fuel on DOE sites—it is Office of Management and Budget to adopt a cal years. In some cases, the corps is award- time we do the same for our domestic spent new approach to future corps budget requests, ing continuing contracts for projects that re- fuel. This may help to limit the billions of dol- so that we can use our limited resources to ceived no appropriation in fiscal year 2005, or lars of legal liability facing the Federal Govern- complete the most valuable projects efficiently, have not been included at all in the budget re- ment for its failure to accept commercial spent instead of spreading those resources very quest for fiscal year 2006. Also, the corps fuel for disposal. widely to make incremental progress across a uses accelerated earnings on continuing con- It is also time that we think again about our large number of projects. tracts to pay its contractors more than is ap- reluctance to reprocess spent fuel. The Euro- The fiscal year 2006 budget request adopts propriated for a project in the current fiscal peans are doing this successfully, and there such a performance-based approach for the year. In part, these accelerated earnings on are some advanced reprocessing technologies corps budget, proposing to use the ratio of re- continuing contracts are one of the drivers for in the research and development phase that maining costs-to-remaining benefits as the pri- the corps extensive reprogrammings, and also promise to reduce or eliminate some of the mary determinant of which construction one of the mechanisms the corps uses in its disadvantages of the current chemical proc- projects should receive priority consideration pursuit of the 99 percent expenditure goal. esses. We add funds to the Nuclear Waste for funding. While this ratio may not be the This practice has to stop, and we include lan- Disposal account and direct the Secretary to perfect measure of merit for all projects, the guage limiting the corps’ ability to obligate the begin accepting commercial spent fuel in fiscal budget request represents a good-faith effort government in excess of appropriations. year 2006 for interim storage at one or more from the Office of Management and Budget to The Department of Energy receives a total DOE sites. We also include additional funds concentrate the corps’ limited resources on of $24.318 billion in the Energy and Water De- and direction within the Nuclear Energy ac- finishing the most worthwhile projects that are velopment bill, an increase of $105 million count for the Secretary to select an advanced already under construction. Until we begin to over the budget request but $101 million less reprocessing technology in fiscal year 2007 clear out the enormous backlog of ongoing than the fiscal year 2005 level. As with the and to establish a competitive process to se- work, we are very reluctant to add new corps, we task the Department of Energy to lect one or more sites for an advanced fuel re- projects to the pipeline. Therefore, we did not begin preparing 5-year budget plans, first for cycling facility. include any new starts or new project author- individual programs and then an integrated Lastly, the committee recommends a new izations for the corps in this House bill. plan for the entire Department. This plan must Sustainable Stockpile Initiative to ensure the One consequence of adopting this new per- include business plans for each of the DOE future of our Nation’s nuclear deterrent. The formance-based approach to the corps budget laboratories, so we understand the mission committee provides additional funds for the is that the funds available for Member adds for and resource needs of each laboratory. Reliable Replacement Warhead, which we ini- corps projects are very limited. In part, this is The committee includes several important tiated in last year’s conference report. We because, for the first time in years, we re- new initiatives for the Department of Energy. place the Reliable Replacement Warhead in ceived a budget request in which many con- DOE presently has significant quantities of the context of the larger Sustainable Stockpile gressional priorities are already funded at a weapons-usable special nuclear materials, plu- Initiative, which we view as a package deal reasonable level. However, even with that re- tonium and highly enriched uranium, scattered with several key elements. First, the Reliable quest as a good starting point, the total around the complex. Unfortunately, even with Replacement Warhead is a program to re-en- amount that we can provide for the corps is the heightened attention to homeland security gineer existing warheads to be safer, more se- less than what the House passed in fiscal year after the 9–11 attacks, the Department has cure, cheaper to maintain, easier to dismantle, 2005. With a healthy base request and a lean done little to consolidate these high-risk mate- and most importantly, easier to certify without 302(b) allocation, we did not add as much for rials. We provide additional funds for a Mate- underground nuclear testing. Second, we pro- Member projects as we have in previous rial Consolidation Initiative and direct DOE to pose a modest slow-down of Life Extension years. We were harsh but fair in how we dealt take aggressive action to consolidate its weap- work on the old warheads in preparation for a with these Member requests. ons-usable uranium and plutonium into fewer, shift to the newer Replacement Warheads. Our fiscal year 2006 Energy and Water bill more secure sites. This is coupled with a significant increase in makes major strides toward improving the We also propose a Spent Fuel Recycling dismantlement rates to bring down the stock- corps’ project execution, reprogrammings, and Initiative to stimulate some fresh thinking on pile to match the President’s decision about continuing contracts. Let me talk for a moment how this country deals with its spent nuclear the size of the stockpile by the year 2012. In about these interrelated issues. For a work- fuel. I continue to support the Yucca Mountain the long run, I am hopeful that the Secretary’s load of approximately 2,000 projects, the Chief repository, and our bill fully funds the request Task Force on the Nuclear Weapons Complex of Engineers recently told me that the corps for Yucca Mountain in fiscal year 2006. It is will propose some sensible steps to modernize does about 20,000 reprogrammings each critical that we get Yucca done right, and done the DOE weapons complex and bring it into year. We have GAO reviewing the corps soon. However, we continue to be frustrated line with these coming changes to the size reprogrammings, and they tell us that the by the delays in getting that repository open, and composition of the stockpile.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00057 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10972 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 The committee provided for an aggressive very good work; as I mentioned in sub- The second area that has been a sub- nuclear nonproliferation program within the committee and full committee, his ject of concern for a number of years, National Nuclear Security Administration. We fairness, his judicious temperament, in an area where we reduced funding, is provided an additional $65 million to keep the the fact that he is a gentleman, and Laboratory Directed Research and De- plutonium producing reactor shutdown pro- also that he has exercised a great deal velopment. It is an area that grew out gram with the Russians on track to have all of foresight and leadership over the of all proportion to its value at the be- three reactors closed by 2011. The committee last 3 years as chairman of the sub- ginning of this decade. This area also also provided $85 million additional for the committee. raised concerns of financial oversight Russian material protection program to secure I certainly feel that the chairman and the use of Federal funds for pur- nuclear material overseas. We made a signifi- has outlined the elements of the value poses for which it was not appro- cant reduction to the domestic MOX plant be- of the legislation before us very fairly. priated. cause of the large unexpended prior year bal- I would prefer to take somewhat of a As an initial effort to get its arms ances in that project caused by the continued different tack, this being my seventh around this program, which reached an liability dispute with the Russians. Given the bill as a ranking member, and illustra- aggregate funding level in fiscal year constrained budget environment, the com- tively point out the three areas of the 2003 of $365 million, the committee mittee cannot continue to appropriate hun- bill where over the last 3 years the mandated a comprehensive report on dreds of millions of dollars for a construction chairman has had a direction, he has projects from the Department of En- project that been delayed for 3 years. exercised leadership and courage, and ergy and initiated a GAO investigation. I believe this is a responsible bill that makes has provided us with an excellent work In developing recommendations for sound investment decisions for the future of product. last year’s bill, the committee based our agencies. Members will not receive as The first area is the area of high-per- its guidance and statement of concerns many water or energy projects as they might formance computing, an area where the on the results of those investigations like, but we did take care of their top priorities. United States invented the field and and reports. I want to thank all the members of the En- long held undisputed leadership in the This year, the President’s budget, ergy and Water Development Subcommittee world. Several years ago, however, that recognizing the concerns of the com- for their help in bringing this bill to the floor leadership was challenged. In the mittee and the constraints on funding, today. I especially want to thank my Ranking House bill for fiscal year 2004, the com- reduced the percentage allowed for lab- Member, Mr. VISCLOSKY of Indiana, for his ex- mittee recommended an increase in directed research at weapons labs from traordinary cooperation this past year. This is funding to enable the Department of 6 percent to 5 percent. The committee truly a bipartisan bill that represents a hard- Energy to acquire additional advanced today is recommending that lab-di- fought but ultimately fair and balanced com- computing capability and to initiate rected research be limited explicitly to promise. This is why I believe our constituents longer-term research and development. $250 million for 2006, to be allocated to expect their representatives to work together. The Department used $25 million of the labs by the Department of Energy. I also want to thank the Chairman of the Ap- these funds to engage a team, including A quarter billion dollars is a healthy propriations Committee, Mr. LEWIS, and the Oak Ridge National Lab and Cray Com- level of funding that could be used to Ranking Minority Member, Mr. OBEY, for their puter, to pursue a leadership-class fix many problems in energy research support and for allowing us to move this bill supercomputer and the next-generation and water infrastructure, to name but forward in an expeditious manner. computer architectures. two. Lastly, I would like to thank the staff of the Despite being faced with budget con- As we state in the report, the com- Subcommittee—Kevin Cook, John Blazey, straints, the Department of Energy Of- mittee recognizes the value of con- Scott Burnison, Terry Tyborowki, and Tracey fice of Science sustained this increase ducting discretionary research at the LaTurner—for their hard work on this bill. I in 2005. However, pursuing a $100 mil- national laboratories, but we have now also want to thank Dixon Butler of the minority lion-plus leadership-class machine with brought the funding level to this re- staff, and both Kenny Kraft from my office and level funding was not going to put us search back within reason and given it Peder Maarbjerg of Mr. VISCLOSKY’s office. I back in the lead. So, once again, the a sense of direction. especially want to acknowledge our agency committee recommended an increase And my last illustration, if you detailees, Taunja Berquam and Felicia to the request to support the Office of would, of a sense of direction that we Kirksey, for their invaluable assistance in put- Science initiative to develop the hard- have had over the last 3 years is in the ting this bill and report together. Mr. Chairman, I reserve the balance ware, software, and applied mathe- area of nuclear weapons. It is the most of my time. matics necessary for a leadership-class sensitive area of activities under the Mr. VISCLOSKY. Mr. Chairman, I supercomputer to meet scientific com- Energy and Water Development appro- yield myself such time as I may con- putational needs. priations. sume, and I want to pick up where my This year, the President’s request for Here, under Chairman HOBSON’s cou- chairman, the gentleman from Ohio fiscal year 2006 pulled back from the rageous leadership, denial of funding (Mr. HOBSON), left off and also person- strong support favored by the Con- has been effectively used to chart a ally thank the staff, because without gress, and such a cutback would tend safer and more efficient course for the their able assistance, we would not be to undermine the progress towards ac- future of our nuclear deterrents. In here today and the product before this tually achieving a leadership-class U.S. particular, coming into fiscal year 2004 Chamber would not be of the quality supercomputer. So the recommenda- appropriations, the President was ask- that it is. tion before us today increases funding ing for funds for a robust nuclear earth So I do want to personally thank for advanced scientific computing re- penetrator, for studies of new nuclear Terry Tyborowski and Tracy LaTurner search by $39 million: $25 million for weapons potentially for new missions, of the majority staff, as well as John hardware, $5 million for computational for funds to proceed with the prepara- Blazey, Scott Burnison, and Kevin research, and $9 million for competi- tion of a modern pit facility to manu- Cook. On the minority side, although tive university grants to restore the facture 450 plutonium triggers, and a again, as the chairman pointed out, ongoing level of core research in this shift to an 18-month readiness posture this was a bipartisan effort, Dixon But- area that the President’s budget rec- for a return to underground nuclear ler. ommendation cut. testing. Taken together, these policy We have core detailees: Felicia By taking the long-term perspective initiatives signaled a shift in nuclear Kirksey and Taunja Berquam, and I ap- of the last 3 years and sustaining sup- weapons policy. preciate very much their help, as well port for a highly desirable outcome, In 2004, the committee, among other as Kenny Kraft from the Chairman’s the chairman and the committee and things, reduced funding for the robust office, and Peder Moorbjerg from mine. all of its members are doing their part nuclear earth penetrator to $5 million Mr. Chairman, I would want to thank to ensure that the U.S. reasserts its from $15 million, ultimately agreeing Chairman HOBSON, first of all, for his technological leadership. to $7.5 million in conference; zeroed out

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10973 funds for proceeding with the modern led our subcommittee to take a long-term per- what had been learned from reviewing the ex- pit facility; and held the test readiness spective on a number of important issues and tensive DOE reports. The FY 2005 Committee posture at 24 months. this is resulting in some profound and positive report directs DOE to shift to direct requests Most significantly, in 2004, $4 million changes. Here are three examples. for LDRD. of the funds for advanced weapons con- High Performance Computing is an area The President’s budget request for FY 2006, cepts were fenced so that they could where the United States invented the field and recognizing the concerns of the Committee not be spent until the administration long held undisputed leadership in the world. and the constraints on funding, reduced the delivered a nuclear weapons stockpile Several years ago, that leadership was chal- percentage allowed for LDRD at Weapons plan. Without this action, there is no lenged by Japan with their development of the Labs from 6% to 5%. The Committee is today doubt that the plan would not exist. Earth Simulator. In the House bill for FY 2004, recommending that LDRD be limited explicitly Today, it does. the Committee recommended an increase of to $250 million in FY 2006, to be allocated to In fiscal year 2005, the committee $40 million to enable DOE to ‘‘acquire addi- the labs by DOE. A quarter billion dollars is a went further and zeroed funding for the tional advanced computing capability . . . and healthy level of funding that could be used to earth penetrator, while maintaining a to initiate longer-term research and develop- fix many problems in energy research, water 24-month test readiness posture. ment on next generation computer architec- infrastructure, etc., so the ‘‘Committee [truly] The committee has taken a construc- tures.’’ Ultimately, $30 million of this increase recognizes the value of conducting discre- tive approach in trying to positively was included in the final conference report. tionary research at DOE’s national labora- influence better policies. At the insist- The Department used $25 million of these tories’’, but has now brought the funding level ence of the committee, reasonable new funds to engage a team including Oak Ridge for this research back within reason and given approaches have been funded, including National Lab and Cray Computer to pursue a it a sense of direction. a reliable replacement warhead. In this leadership-class super computer and next Nuclear Weapons is the most sensitive area year’s bill, the committee is solidifying generation computer architectures. of activity under the Energy and Water Devel- the progress made last year and in the Despite being faced with budget constraints, opment appropriation. Here, under Chairman previous year. the DOE Office of Science sustained this in- HOBSON’s courageous leadership, the denial of First, advanced concepts was missing crease in the President’s FY 2005 budget. funding has been effectively used to chart a from the President’s request and is es- However, pursuing a $100 million plus leader- safer and more efficient course for the future sentially no longer under consider- ship-class machine with level funding of $25 of our nuclear deterrent. In particular, coming ation. Secondly, the earth penetrator million per year will never put the United into the FY 2004 appropriations process, the funding is again zero in the committee States back in the lead. So once again, the President was asking for funds for a robust recommendation, and third, test readi- Committee recommended an increase of $30 nuclear earth penetrator (RNEP), for studies of ness posture is held to 24 months. Fi- million to the request ‘‘to support the Office of new nuclear weapons potentially for new mis- nally, the reliable replacement war- Science initiative to develop the hardware, sions, for funds to proceed with preparation of head concept was included in the Presi- software, and applied mathematics necessary a Modern Pit Facility to manufacture 450 plu- dent’s request. The committee is work- for a leadership-class supercomputer to meet tonium triggers per year, and a shift to an I8- ing to accelerate the implicit trans- scientific computation needs.’’ It must be month readiness posture for a return to under- formation of the newest nuclear deter- noted that the Committee insisted that at least ground nuclear testing. Taken together, these rent stockpile by increasing funds to $5 million of this increase be reserved for policy initiatives signaled an alarming shift in $25 million, while slowing programs ex- computational research and not allow addi- nuclear weapons policy and accordingly, many tending the life of old weapons. tional funds to go to hardware alone. Essentially, in this bill as well, Mr. In the face of an even more constrained here and abroad reacted with alarm. Each of Chairman, we are taking an advanced funding environment, the President’s request these policies was a bad idea, an idea run look. We have called for the Army for FY 2006 pulled back from the strong sup- amok. This situation developed in part be- Corps of Engineers, the Bureau of Rec- port favored by the Congress. Such a cutback, cause of the absence of an approved nuclear lamation, as well as the Department of if sustained, would tend to undermine the weapons stockpile plan. Energy to undertake 5-year plans in progress toward actually achieving a leader- The House report accompanying the FY programs. ship-class US supercomputer. So, the rec- 2004 Energy and Water Appropriations Bill This is an exceptional piece of legis- ommendation before us today increases fund- states, ‘‘The fiscal year 2004 budget request is lation, and I would ask my colleagues ing for advanced scientific computing research the second budget request delivered to the to support it. by $39 million—$25 million for hardware, $5 Committee that is loosely justified on the re- I recommend that all members join me in million for computational research, and $9 mil- quirements of the Nuclear Posture Review pol- supporting this bill. Its preparation has been lion for competitive university grants to restore icy document but lacking a formal plan that bipartisan and the Chairman has been fair the on-going level of core research in this area specifies the changes to the stockpile reflect- throughout its preparation. I would add my ap- that the President’s budget recommended for ing the President’s decision [on the Nuclear preciation to the staff led on the majority side cuts. By taking the long-term perspective and Weapons Stockpile Plan].’’ The Committee re- by Kevin Cook. He is joined by Terry sustaining support for a highly desirable out- duced funding for the RNEP to $5 million from Tyborowski, John Blazey, Scott Burnison, and come, the Committee is doing its part to en- $15 million (ultimately agreeing to $7.5 million Tracy LaTurner. They are a strong team. On sure that the U.S. reasserts it technological in conference), zeroed funds for proceeding the minority staff, I would thank Dixon Butler. leadership in the area of supercomputing—a with a Modern Pit Facility, and held the test This year we have two fine detailees from the technical capability that underpins our ability to readiness posture at 24 months. Most signifi- Army Corps: Taunja Berquam helping the ma- invent the future. cantly, $4 million of the funds for advanced jority and Felicia Kirksey helping the minority. Laboratory Directed Research and Develop- weapons concepts were fenced so that they I would also thank Kenny Kraft on Chairman ment (LDRD) is an area that grew out of all could not be spent until the Administration de- HOBSON’s staff and Peder Maarbjerg on my proportion to its value at the beginning of this livered a Nuclear Weapons Stockpile Plan. staff. decade. This area also raised concerns of fi- Without this action, there is doubt that this This is my seventh year as ranking member nancial oversight and the use of federal funds Plan would yet exist. on the Energy and Water Development Appro- for purposes for which it was not appropriated. In FY 2005, the Committee went further and priations Subcommittee. In a few professions As an initial effort to get its arms around this zeroed funding for the RNEP while maintain- in our society seventh years are sabbaticals program, which reached an aggregate funding ing the 24-month test readiness posture and and times for reflection. In the Congress, we level in FY 2003 of $365 million per year, the continuing to defer the Modern Pit Facility. can’t take a year off, but I feel compelled to Committee mandated a comprehensive report But, the Committee is a constructive influence reflect. During my years on this Committee it on LDRD projects from DOE and initiated a and seeks to support better policies. At the in- has been my privilege to serve with five sub- GAO investigation of LDRD. In developing its sistence of the Committee, the dangerous ad- committee chairmen, and now, it has been my recommendations for FY 2005, the Committee vanced concepts approach was scrapped and pleasure to serve with DAVE HOBSON for three based its guidance and statement of concerns a reasonable new approach was funded—the years. During this time, Chairman HOBSON has on the results of the GAO investigation and reliable replacement warhead (RRW).

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00059 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10974 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 In FY2006, the Committee is solidifying the country more efficient and less depend- Mr. VISCLOSKY. Mr. Chairman, I progress made last year. First, advanced con- ent on traditional fossil fuels and for- yield such time as he may consume to cepts was missing from the President’s re- eign oil. As a nation, we are facing an the gentleman from Wisconsin (Mr. quest and is essentially no longer under con- energy crisis which does not allow us OBEY). sideration. Second, RNEP funding is again to put off significant policy changes as Mr. OBEY. Mr. Chairman, as Mem- zero in the Committee’s recommendation. to how we can invest our energy infra- bers of this House know, when I have Third, test readiness posture is held to 24 structure dollars any longer. objections to the content of a bill, I am months. Fourth, the RRW concept was in- This year, we have made a significant not shy in stating them. There are cer- cluded in the President’s request. The Com- investment in nuclear energy tech- tainly portions of this bill with which mittee is working to accelerate the implicit nology. This energy provides a clean, I do not agree, but I want to say that transformation of the U.S. nuclear deterrent renewable energy source already capa- it is very unusual and it is a very stockpile by increasing funds to $25 million ble of providing an alternative source pleasant experience to see a piece of while slowing programs extending the life of of electricity to fossil fuels. Nuclear legislation brought to the floor which old weapons. The promise of the RRW is that energy already provides 20 percent of is not so much a product of politics as the U.S. will never need to resume nuclear our Nation’s electricity and, in my it is a product of legislative craftsman- weapons testing and will be able to sustain home State of New Jersey, nearly 50 ship. I think that is the case with this our deterrent with a smaller, less-expensive percent of the electrical capacity. bill. I think that the gentleman from Ohio complex. b 1145 In light of these examples where taking a and the gentleman from Indiana work- longer-term perspective is showing results, I I am also pleased that our sub- ing together in an absolutely bipar- fully support the efforts in this FY2006 Energy committee continues to fund fusion tisan fashion have produced a bill and Water Development Appropriation to get science. Our committee has been a which is obviously based on some intel- all three principal agencies funded in this bill leader in advancing fusion so that some lectual decisions about how to ap- to adopt and communicate 5-year plans for day we will be able to realize the prom- proach problems rather than being their programs. Further, we have long under- ise of the cleanest of energy sources. based simply on political judgments, invested in the water infrastructure of our na- Thirty years ago the first power pro- and that means that this place is per- tion, and although this year is no exception, duced in a laboratory from fusion was forming as it should perform. It is not the bill undertakes significant efforts to help barely enough to light a small light just being a political institution; it is the U.S. Army Corps of Engineers get effec- bulb. Today, our DOE labs are capable also being a legislative institution. tive control over management, particularly fis- of creating enough power from fusion That is happening in no small measure cal management of projects. Management im- to light a small town. because of the leadership of the gen- Mr. Chairman, I credit the gentleman provements prepare the way for the most ef- tleman from Ohio (Mr. HOBSON). from Ohio (Mr. HOBSON) and the rank- fective use of whatever level of funding can be That does not mean that I do not ing member for grappling with some supplied in the future. Concentrating funding think this bill does not fall short in tough policy decisions in this bill. For on high-priority water projects to get them some areas. I think that the budget example, Yucca Mountain, which is done should significantly improve the overall resolution has made it impossible for facing delays, this bill includes money, benefits of investment through the Corps and this committee to do a number of $660 million for Yucca Mountain, in an- Bureau of Reclamation, and so, I support this things that it ought to be doing in the ticipation of a licensing agreement painful approach as well. area of energy research. Lord knows, The Chairman and I are taking steps to in- being signed. that is important these days with ris- This bill also prioritizes the Army volve all members of the Subcommittee in the ing gas prices and all of the rest; but I Corps’ work on a number of essential oversight of the programs we fund. Everyone just want to say in my view, despite navigation and flood control projects is being asked to concentrate on two subsets those shortcomings, this bill dem- to ensure that such construction of our work. This also takes the long-term per- onstrates that good government is projects authorized by Congress are ac- spective as it will prepare our capable col- good politics. tually completed. leagues for future roles as chairs and rankings The gentleman has brought to the But most importantly to me and to floor a bill which is extremely respon- of appropriations subcommittees while the New York-New Jersey region, in strengthening our current work as appropri- sible in terms of the way it deals with the Army Corps’ portfolio, this bill re- the nuclear weapons issues that were ators. flects our committee’s continued rec- So, upon reflection, I am pleased with the referenced by the gentleman from Indi- ognition of the value of our Federal in- positive effects of the last three years of En- ana. It is an extremely bipartisan prod- vestment in the New York-New Jersey ergy and Water Development Appropriations uct. While I have feelings about nu- harbor deepening project. This project bills. Far more has been accomplished than clear power that are very different has been recognized as one of five na- the simple funding of government programs than some other Members in this tional priorities by the President. It is and the accommodation of congressional pri- Chamber, I want to say I think the not only an issue of national security; orities. The nation and the world are better gentleman has produced, with the as- and safer as a result. What a privilege and it is an issue of economic security. The sistance of the gentleman from Indi- pleasure to participate! economic return on keeping open our ana, a very responsible bill; and I fully Mr. Chairman, I reserve the balance Nation’s third largest port to larger intend to support it. of my time. container ships is huge. I note that the I hope as the process goes along we Mr. HOBSON. Mr. Chairman, I yield 3 Army Corps itself has listed this deep- will wind up having more resources to minutes to the gentleman from New ening project as one of its highest re- deal with some of the problems that Jersey (Mr. FRELINGHUYSEN) turn investments. are shortchanged. But with that excep- Mr. FRELINGHUYSEN. Mr. Chair- I cannot overstate the economic im- tion, I do not think we can ask for a man, I thank the gentleman for yield- portance of the port which is the third better legislative product; and as some- ing me this time, and I rise in strong largest in the United States. Every day one who appreciates the traditions of support of the Energy and Water appro- thousands of goods come through the this House, I want to extend my per- priations bill. First, let me thank and port of New York and New Jersey, and sonal gratitude to the gentleman from commend Chairman HOBSON and Rank- through its terminals many other Ohio for his contribution in making ing Member VISCLOSKY for their hard goods are exported to the rest of the this the fine product that it is. work in crafting a bill that addresses world. Those goods and the assets that Mr. HOBSON. Mr. Chairman, I yield so many complex national energy and protect them allow our Nation to pro- myself such time as I may consume. water infrastructure needs. They make ceed and keep its economy going. First of all, I thank the gentleman a good team. Therefore, I rise in support of the bill from Wisconsin (Mr. OBEY) for his kind Our bill includes essential funding for and urge other Members to do so as comments. The gentleman from Wis- energy programs that seek to make our well. consin (Mr. OBEY) is the scholar of the

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10975 House. He reads these things and un- that this subcommittee provided for and this was another appropriation derstands them, and I very much ap- this purpose during the past 2 fiscal measure that could have been a vehicle preciate his remarks on the bill on be- years. Because of the Department’s dis- for that increased investment. half of both myself and the ranking regard for congressional intent, the I do appreciate the work that is being member. committee provides $30 million of the done on the Yucca Mountain funding, Mr. Chairman, I yield 31⁄2 minutes to increase for the Center of Competition however. We have two nuclear facili- the gentleman from Tennessee (Mr. Science at Oak Ridge National Labora- ties that are storing a lot of nuclear WAMP). tory which was selected competitively waste in the upper Mississippi River re- Mr. WAMP. Mr. Chairman, I thank to build this leadership-class super- gion right now. Many of us feel it the gentleman for yielding me this computer. makes sense to have a single, isolated time. I want to make some brief com- The committee expects the Depart- nuclear waste repository in this coun- ments and then engage in some col- ment to make full use of this labora- try, and the studies that have gone loquy with the chairman. tory industry capability. Finally, I into Yucca Mountain and the funding Not to repeat anything that has been agree with the gentleman of the impor- that this committee is providing, it already said, but just to highlight why tance of this effort and encourage the seems to me to be a reasonable and I can believe this is such an excellent Department of Energy to make the practical approach dealing with the nu- work product, really three reasons: necessary budget requests in the future clear waste issue. one, this chairman over the last 21⁄2 to continue this very important effort. I especially want to commend the years has gone out into the country, Mr. WAMP. Mr. Chairman, I thank committee for the full support they both on the water side and on the en- the gentleman. In the subcommittee have given to a very important pro- ergy side, gone into the depths of very bill in the area of fusion energy gram for the upper Mississippi River complex places like our nuclear weap- sciences, the subcommittee offered a basin, the Environmental Management ons complex, gone into our scientific very reasonable approach to funding Program. This was a program that was research institutions, energy research, fusion science, given the uncertainty created in the mid-1980s to strike bal- gone and seen demonstrations and the surrounding the thermonuclear experi- ance on the multiple uses of the Mis- advancement of technology, and tried mental reactor equipment. As the sub- sissippi region in the upper States. It is hard to understand what needs to be committee report notes: ‘‘If the United a multiple-use resource. It is incredibly proposed. This chairman deserves tre- States expects to be a serious contrib- valuable economically, quality of life, mendous credit. At no time in my 9 utor to international fusion research in recreation and tourism. We have com- years on the Committee on Appropria- general, and ITER in particular, the mercial navigation that uses the upper tions have I seen this kind of diligence Nation needs to maintain strong do- Mississippi along with the important that the gentleman from Ohio (Chair- mestic research programs and user fa- recreation and tourism aspect, and the man HOBSON) has shown. cilities to train the next generation of Environmental Management Program Secondly, it has been very fair and fusion scientists and engineers.’’ really has a twofold mission. One is very bipartisan all along the way. I think that is exactly right, and I habitat restoration for the upper Mis- Third, this is one of the greatest as- want to commend the gentleman and sissippi basin and the other is long similations of professional staff on subcommittee staff for putting that term resource monitoring, to monitor both sides of the aisle, people with ex- strong statement in our report. the effects that sediment and nutrients pertise and experience coming to the Mr. Chairman, I want to highlight are having in the basin. same subcommittee at the same time one area in particular that we fund and One of the first things I did as a new at a very important time. My hat is off ask for the gentleman from Ohio’s Member of Congress was help form a bi- to all of these individuals for their dili- comments. Our bill provides $5.1 mil- partisan Mississippi River Caucus so gence. lion for ‘‘compact stellarators and we could work together from both the Mr. Chairman, if I may engage in a small-scale experiments.’’ I understand North and the South in order to draw colloquy, I would like to say a few that to be a reference to experiments attention to the resources that are words on the importance of fielding a such as the quasi-polloidal stellarator, needed along the Mississippi River. leadership-class computer for open or QPS, that is being developed by the We have made substantial progress, science. For the past 2 years under Oak Ridge National Laboratory. and I commend the committee’s rec- your leadership, this subcommittee has Mr. Chairman, I ask the gentleman ognition that full funding of the EMP provided additional funds to achieve from Ohio, is my understanding cor- is appropriate at $33 million. This is a this goal, and I thank you for this com- rect? program that has received wide bipar- mitment. The Oak Ridge National Lab- Mr. HOBSON. Mr. Chairman, if the tisan support, multi-state support. The oratory and its partners were competi- gentleman would continue to yield, the five upper States of the Mississippi tively selected to carry out this effort. gentleman’s understanding is correct. River basin have been fully supportive With the additional funds provided by Mr. VISCLOSKY. Mr. Chairman, I of this program, as have the Governors this bill, they will continue down that yield 31⁄2 minutes to the gentleman and the respective legislatures, and I path. The $25 million for hardware will from Wisconsin (Mr. KIND). commend the administration who has enable the Center For Computational Mr. KIND. Mr. Chairman, I thank the consistently submitted their budget re- Science at the Oak Ridge National ranking member for yielding me this quests calling for full funding of the Laboratory to upgrade the existing time, and I commend him and the Environmental Management Program. system to 50 teraflops. This will get us chairman of the subcommittee for pro- Finally, Mr. Chairman, I would com- halfway to the goal of a leadership- ducing a very good appropriation bill. I mend to my colleagues and include for class computer which is a 100 teraflop echo the sentiments that the gen- the RECORD an article that just ap- system. The remaining funds will help tleman from Wisconsin (Mr. OBEY) just peared in the Washington Post Sunday support the operations and software. gave on the floor and appreciate the edition under the Travel section called Mr. HOBSON. Mr. Chairman, will the hard work that has gone into it. ‘‘Lolling on the River.’’ It describes the gentleman yield? I think the rule, however, could have quality of life and unique beauty that Mr. WAMP. I yield to the gentleman been a little stronger if the Schwartz the upper Mississippi River basin has from Ohio. amendment would have been made in for all of us in that region. Mr. HOBSON. Mr. Chairman, I share order so we could have had further dis- In it the author of the article, Bill the gentleman’s support of this impor- cussion about the need for increased in- O’Brian writes: ‘‘The Mississippi, the tant program, and I share his goal in vestment in alternative and renewable river of Mark Twain, who once wrote, this field. I am disappointed that the energy technologies. I do not think ‘It is not a commonplace river, but on Department’s fiscal year 2006 budget that the energy bill that is working its the contrary is in all ways remark- request did not preserve the increases way through Congress goes far enough, able.’ The river of LaSalle, Marquette

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10976 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 and Joliet, of B.B. King, Bob Dylan and a federally designated scenic byway that As a barge passes through a lock, you can the Doobie Brothers. Of Faulkner, Fitz- stretches from the Gulf of Mexico to Canada. get close enough to chat with the stevedores gerald and T.S. Eliot. Of historian Ste- We covered a minuscule portion of it, a cou- on board. One deckhand told us that some- phen Ambrose who not long ago wrote, ple of hundred miles mostly in southwestern times he stays out on the river for 60 to 80 Wisconsin, primarily along State Route 35. days at a time. And that he’d rather toil on ‘The river is in my blood. Wherever, We had no itinerary per se. We pulled off the the upper Mississippi than on the lower, es- whenever, it is a source of delight. road when the spirit, or hunger or curiosity, pecially in the dead of summer, because More, it is the river that draws us to- moved us. It was a drive-by—a lazy, three- down near New Orleans and Memphis, ‘‘it’s gether as a Nation.’ ’’ day upper Mississippi River drive-by. too hot, and the skeeters are bigger than I EMP is a small part of the impor- On the first day, at a boat landing near the am.’’ tance of this great natural resource town of Cassville, Wis., we stopped to chat An hour north of Genoa on State Route 35, which is of vital importance to our Na- with Dwayne Durant, a fortysomething not far past La Crosse, Wis., we came to Iowan. Dressed in camouflage hunting gear, tion. I commend the subcommittee and Perrot State Park, a verdant 1,400-acre ref- he was standing on the riverbank in the uge. There, an information marker on a work they have done in recognizing by Upper Mississippi River National Wildlife small bluff overlooking braided channels of fully funding EMP the importance of and Fish Refuge with his dog, Sidney. Dur- the river reminded us just how remarkable this vital natural resource. ant had the satisfied countenance of a man the Mississippi is. It’s 2,350 miles long; it’s [From the Washington Post, May 22, 2005] who’d just bagged his limit for the day. He home to 100 species of fish (most notably welcomed us to the river, patiently ex- LOLLING ON THE RIVER: FOLLOWING THE walleye, sturgeon and catfish in these parts); plained the intricacies and the appeal of UPPER MISSISSIPPI BY LAND it drains all or part of 31 states and two Ca- duck hunting, proudly showed us his fresh (By Bill O’Brian) nadian provinces. kill (two wood ducks, two teal ducks and two ‘‘From Red Wing down to Iowa is the most If you think the prairie of Wisconsin and mallards), then humbly thanked us for vis- beautiful part of the river, with all the bluffs Minnesota is nothing but nondescript iting his corner of the world. and trees. It’s almost a fantasyland,’’ said flatlands and farms, Buena Vista Park in The next morning, at Withey’s Bar in Bob Schleicher. ‘‘It’s a place of mystery. It’s Alma, Wis., is the place for you. Specifically, Lynxville, Wis. (pop. 176), we introduced our- got so much folklore. Some of it’s true; some the bluff in the park more than 500 feet selves to a soft-spoken gentleman in a flan- of it’s not.’’ above the Mississippi River, which forms the nel shirt sitting on a stool at the end of the We met Schleicher, a 65-year-old retired border of the two states. bar. Les Neefe told us that he was born 77 car salesman, at the municipal marina in From that bluff on a clear day, you can see years ago in a Wisconsin cheese factory Red Wing, Minn., the final town on our river one of the most awe-inspiring panoramas in (‘‘not in a hospital, not in the hallway of the drive, directly across the bridge from Hager all of North America. I’ve been to the Grand cheese factory, in the cheese factory . . . in City, Wis. Captain Bob, as he likes to call Canyon. To Yellowstone. To Jackson Hole. a room above the boiler’’). Over coffee, Neefe himself, told us that he has navigated the To Lake Louise. To Niagara Falls. To the Or- rhapsodized about the pleasures of living in a Mississippi from St. Paul, Minn., to its egon, Maine, Carolina and California coasts. houseboat docked on the Mississippi six mouth in Louisiana. He explained that part To the interior of Alaska. To the top of nu- months a year, and he made two rec- of the appeal is that ‘‘you can be whoever merous skyscrapers. The vista from the bluff ommendations. First, he suggested that, to you want to be on the river.’’ He told tales of in Alma on a clear day can compete with any get a real taste of Wisconsin, we should go to river-running bootleggers, past and present. of those places. the cheese shop up the road in Ferryville and He explained how the upper Mississippi dif- From that precipice, you can see for miles buy some ‘‘sharp cheddar, old sharp ched- fers from the lower—it is less crowded; it has into the Minnesota countryside below. You dar.’’ Then, to get a real taste of river life, more islands, beaches and marinas; its cur- can gaze upon the lush greenery of the Dorer we should stop by P&M Concessions next to rents are less dangerous; its water is less Memorial Hardwood State Forest and the Blackhawk Park in De Soto. sandy. But, he said with a smile, river people dark, rich soil of the northern portion of We did both. The cheese, a nine-year ched- have a ‘‘mutual bond, whether you’re a Con- what schoolbooks call the breadbasket of dar, was rich, creamy and sharper than federate or a Yankee.’’ America. As the Mississippi zigzags through sharp. Along with apples and crackers, a Schleicher talked for a while about the riv- that bottomland, you can see that the water- block of the cheddar made a memorable er’s importance to birds. Forty percent of all way is as unruly as it is majestic, as undisci- watchin’-the-river-flow picnic lunch. North American waterfowl and 326 bird spe- plined as it is immense. It is clear that, left Outside the P&M Concessions stand was a cies—including hawks, eagles, falcons, her- to its own devices, the river would follow no sign that read, ‘‘Welcome to the River—Sit ons and swans—use the river as a flyway, ac- laws other than those of physics, which state Long, Talk Much, Fish A Lot.’’ Behind the cording to the Audubon Society. We had seen that water flows from higher elevation to counter was 34-year-old Amy Kroning, whose a handful of bald eagles soaring over or lower via the path of least resistance. father is the proprietor of the bait/tackle/re- perched along the river, and Schleicher From that bluff in Alma, you can imme- freshment/boat rental shop. beamed as he spoke of the resurgence of that diately understand what Wisconsin outdoors ‘‘I can’t think of anywhere I’d rather be ornithological American icon on the bluffs journalist Mel Ellis meant half a century ago than right here,’’ said Kroning, a mother of near Red Wing. when he wrote, ‘‘If you haven’t fished Ol’ five who was born and raised in De Soto. ‘‘If Then he suggested that, after spending a Man Mississipp, forget about any pre- I get more than an hour from the river, I get couple days driving along the river, Sue and conceived notions you may have as far as depressed. Really. I’m not kidding. We go to I might want to spend some time on the rivers are concerned. Because Ol’ Man River a Cubs game once a year [in Chicago], and river. For $10 apiece, he offered to take us on isn’t a river at all. In fact, he’s a hundred I’m a nervous wreck the whole time.’’ a leisurely two-hour cruise in his old mili- rivers and a thousand lakes and more So, what is the allure of the Mississippi? tary flatboat-turned-riverboat. sloughs than you could explore in a life- ‘‘It has a calming affect. It’s relaxing,’’ Once we cleared the dock, Schleicher al- time.’’ Verdetta Tusa said later that day as we lowed each of us in the small group on board Northeasterners by birth and tempera- stood watching for more than an hour while to take a turn piloting the boat for a few ment, my wife, Sue, and I knew almost noth- an enormous tow barge squeezed, wheezed minutes. As I stood at the helm, guiding the ing firsthand about life along the upper Mis- and creaked its way through the lock at the boat around the river’s trademark sweeping sissippi. town of Genoa, Wis. ‘‘It’s the history, too,’’ bends, minding the red and green buoys that The Mississippi—the river of Mark Twain, said the 56-year-old lifelong Minnesotan. mark the shipping channel, passing huge tow who once wrote, ‘‘It is not a commonplace ‘‘They’ve been doing it this way, basically, barges, I suddenly understood what river, but on the contrary is in all ways re- from the beginning.’’ Schleicher meant when he said you can be The lock at Genoa is one of 29 on the upper markable,’’ The river of La Salle, Marquette who you want to be on the river. and Joliet. Of B.B. King, Bob Dylan and the Mississippi. Watching tow barges come out At that moment, as we glided past the Doobie Brothers. Of Faulkner, Fitzgerald of the sharp curves of the river and negotiate tree-lined banks, pushed along by the gentle and T.S. Eliot. Of historian Stephen Am- the locks with pinpoint precision is a pas- current, the serenity was overwhelming. And brose, who not long ago wrote, ‘‘The river is time unto itself. Typically 15 barges are con- the history palpable. At that moment, I was in my blood. Wherever, whenever, it is a nected together in front of one pilot boat. every riverman who’s ever skippered a slow source of delight. More, it is the river that They transport grain, steel, road salt, fer- boat on Ol’ Man Mississipp. draws us together as a nation.’’ tilizer, coal, petroleum products and other So, from the point just outside East Du- nonperishable goods up and down the Mis- b 1200 buque, Ill., where the Illinois-Wisconsin bor- sissippi most of the year. It takes a barge der meets the Mississippi about 175 miles about 10 days to get from Minneapolis to St. Mr. HOBSON. Mr. Chairman, I yield 1 west of Chicago, Sue and I had set out north- Louis, but one 15-unit tow can carry as much minute to the gentleman from Iowa ward on the Great River Road to see what— grain as 225 rail cars or 870 semi-trucks at a (Mr. LATHAM), a member of the com- and whom—we might find. The river road is fraction of the cost. mittee.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10977 Mr. LATHAM. I thank the gentleman leted information that did not fit fa- their children’s schools, by homes and for yielding me this time. vorable and hoped-for conclusions. The hospitals, synagogues and churches; Mr. Chairman, I just want to, first of employees made it clear that quality and do not travel across this country in all, express what an honor and privi- assurance was not a priority of this order to stick it in a hole in the middle lege it is to work on a subcommittee project, but rather, an obstacle. of the Nevada desert. that works in such a bipartisan way Let me share with my colleagues I urge us to reconsider this. Let us with the great leadership of the chair- some of the comments made by these change our direction before we go into man and the ranking member. It is employees, and I quote: ‘‘Don’t look at something that is so disastrous and really a pleasure to actually get into the last four lines. Those lines are a dangerous that we will never forgive policy discussions rather than a lot of mystery. I’ve deleted the lines from the ourselves and never be able to be for- the politics that we hear around here. official QA version of the files. In the given by future generations of Ameri- It is very much appreciated. end, I keep track of two sets of files, cans. Also, the tremendous staff that we the ones that will keep the QA happy Mr. HOBSON. Mr. Chairman, I yield 2 have on this subcommittee. I think the and the ones that were actually used.’’ minutes to the gentleman from Cali- gentleman from Tennessee (Mr. WAMP) Another e-mail says, ‘‘Like you said fornia (Mr. DOOLITTLE), a member of mentioned the great professionalism all along, the Yucca Mountain project the committee. that they have on both sides of the has now reached a point where they Mr. DOOLITTLE. Mr. Chairman, this aisle. It is a real pleasure. need to have certain items work no is a vital bill for the future of our This bill is a really good bill under an matter what, and the infiltration maps country, and this bill provides a very allocation that could always be larger. are on that list. If USGS can’t find a balanced approach to research in the We have worked out, I think, every- way to make it work, someone else scientific areas and to energy develop- thing possible we can with the dollars will.’’ ment and, indeed, renewable energy as available. I am very appreciative of the And finally, ‘‘I don’t have a clue well as vital water projects and infra- fact that we have focused on renewable when these programs were installed. So structure for this country to keep us energy, the kind of important work I’ve made up the dates and names. This economically sound. I would particu- that we do on the river, on the Mis- is as good as it’s going to get. If they larly like to commend the chairman sissippi, and other projects that are in- need proof, I will be happy to make up and the staff in working with both volved also. more stuff.’’ sides here on this bill. It could do more I want to commend the chairman and No one better dare say to me on this if the resources were available; but the ranking member and urge support floor that Yucca Mountain is based on given that they are not, we are making of this very, very good bill. sound science. It is not. Last year, the the best, I think, of what we have. I would like to single out the energy Mr. VISCLOSKY. Mr. Chairman, I U.S. Court of Appeals ruled that the ra- supply and conservation account which yield 5 minutes to the gentlewoman diation standards for the proposed re- funds renewable energy, energy effi- from Nevada (Ms. BERKLEY). pository did not follow recommenda- ciency, nuclear energy, nondefense en- Ms. BERKLEY. Mr. Chairman, I feel tions of the National Academy of vironment, safety and health programs like the skunk at the office party, but Sciences and would not protect the and energy conservation. These are I rise to oppose the funding for the health and safety of our Nation. The funded at $1.7 billion. Over $360 million Yucca Mountain project contained in difference between the findings and the is provided for hydrogen and fuel cell this bill. This bill shortchanges water radiation standards set by the EPA, a research. This funding supports and ex- projects and energy technology re- mere 290,000 years. pands the President’s hydrogen initia- search and development, research into Mr. Chairman, the DOE has known tive and promotes the Freedom CAR technologies to harness the sun and for some time that this project was fa- project. Hydrogen is the fuel source of tally flawed, that corners were cut, wind and reduce our dependence on for- the future and funding in this bill eign oil. Yet there is 15 percent more that the science did not support the moves us closer to that goal. funding for Yucca Mountain than there conclusions and that the data were Thirdly, the committee recommends was in last year’s bill despite the fact doctored. That the DOE continues to $3.6 billion for the Office of Science, an that this project is unsafe and riddled move forward with the complicity of increase of $203 million over the budget with problems and, in my estimation, this Congress is nothing short of insan- request. Additional funds are provided can and never will be built. ity, dangerous and insane. Employees for priority work on advanced sci- I want to update my colleagues on who have raised concerns have been in- entific computing, high energy physics the recent developments regarding timidated into silence, and the workers and operation of user facilities. Yucca Mountain, and I sincerely hope were purposely exposed to hazardous Lastly, Office of Science funding pro- that they listen. conditions by contractors eager to win vides for the basic building blocks of Last month, the Department of En- hefty cash bonuses. Science has been science and is the gateway to future ergy revealed that scientists from the manipulated to fit predrawn conclu- scientific breakthroughs. We must U.S. Geological Survey who were work- sions, and public safety and the envi- keep America’s scientific knowledge ing on the water infiltration and cli- ronment have been sacrificed upon the strong and on the cutting edge. Ad- mate studies at Yucca Mountain actu- altar of political expediency and greed. vanced scientific computing allows the ally falsified documentation. Water in- Yucca Mountain is a disaster waiting U.S. to keep up with the rest of the filtration and climate are two of the to happen. When you build a weak world. We cannot allow other countries most fundamental factors involved in foundation, your building collapses, to surpass the U.S.’s knowledge. establishing whether or not the pro- and that is why Yucca Mountain is col- I commend the chairman and I urge posed repository can safely isolate ra- lapsing before our eyes. DOE is build- the passage of the bill. dioactive waste and prevent ground- ing Yucca on a weak foundation based Mr. VISCLOSKY. Mr. Chairman, I water contamination. on lies, fraud, intimidation, deception yield 2 minutes to the gentleman from In all my years fighting this project, and nonexistent science. We should be Texas (Mr. GENE GREEN). I knew Yucca Mountain was not sci- pouring our resources into renewable Mr. GENE GREEN of Texas. Mr. entifically sound, but I never dreamed energy, harnessing the sun, harnessing Chairman, I thank the gentleman from and never thought that Federal em- the moon, not sticking our valuable re- Indiana for yielding me this time. ployees would purposely falsify docu- sources into a hole in the Nevada I want to urge strong support for the ments to cover up the lack of basic desert. fiscal year 2006 energy and water bill. science. In 90 pages of e-mails, the If my colleagues think that nuclear This legislation provides investment in USGS employees fabricated dates and waste is so safe, let them keep it in water infrastructure essential not only names of programs used in modeling their own States, let them keep it in to our country but to the Texas econ- for quality assurance audits and de- their districts, by their children, by omy. I want to thank the gentleman

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from Ohio (Mr. HOBSON), the gentleman Houston-Galveston Navigation Channels, the most optimal construction schedule. I from Indiana (Mr. VISCLOSKY) and also Texas project. have made the recommendation to repro- the gentleman from Texas (Mr. I regret that members of my staff were not gram funds from this project only after being able to meet with you on September 12, 2001, personally convinced that the project sched- EDWARDS) for their assistance on these to discuss this project in more detail. Based ule cannot be advanced beyond what has cur- projects, particularly two flood on conversations with your office and Mr. rently been scheduled to be accomplished projects, Hunting and Greens Bayous William Dawson of my staff, the following this fiscal year. Based on this analysis, I in my district. Thousands of my con- information will address your primary con- have determined that these funds are truly stituents’ homes and businesses are at cern. excess to this year’s project needs. The pro- risk from catastrophic flooding in The U.S. Army Corps of Engineers remains posed reprogramming is to be a temporary these areas, and the funding in this fully committed to completion of this reallocation of funds to maximize their use. bill, $500,000 and $150,000 each, keeps project based on the optimal construction They will be restored to the project when these projects on track. schedule. I can further assure you that we they are required to ensure that we will I would also like to express my will reprogram up to $20 million in construc- maintain the optimal construction schedule. tion funds as required to this project to en- I am providing an identical letter to the strong support for the $26 million in- sure that this schedule is maintained irre- Honorable Chet Edwards, Honorable Nick cluded for the Houston ship channel spective of any shortfall in the fiscal year Lampson, and the Honorable Ken Bentsen. deepening and widening project. This 2002 Congressional appropriation. Thank you for your involvement in the de- funding means we are on track to com- I continue to appreciate your patience and velopment of the water resources infrastruc- plete the deepening and widening this willingness to work with us on this matter. ture within the State of Texas. If I can be of year and begin the barge lanes and en- Please do not hesitate to contact me if you assistance on any other matter, please feel vironmental restoration. However, the have any further questions about the Hous- free to contact me. Sincerely, tough operations and maintenance ton-Galveston Navigation Channels project. Sincerely, EDWIN J. ARNOLD, Jr., budget of the Corps could have coun- DAVID F. MELCHER, Brigadier General, terproductive effects. The Houston ship Brigadier General, U.S. Army, Com- channel budget is $5 million under ca- U.S. Army, Com- manding General pability for 2006. If we cannot maintain manding General. our channels to the right depth, then CONGRESS OF THE UNITED STATES, modern ships will not be able to take CONGRESS OF THE UNITED STATES, Washington, DC, February 26, 1999. advantage of this new project. The Washington, DC, August 29, 2001. Mr. GARY A. LOEW, Chief, Civil Programs Division, Southwestern project will also suffer as millions General DAVID F. MELCHER, U.S. Army Corps of Engineers, Southwestern Di- Division, U.S. Army Corps of Engineers, taken out through reprogramming are vision, Dallas, TX. Dallas, TX. not returned as promised by the Corps. DEAR GENERAL MELCHER: I am writing you DEAR MR. LOEW: For two consecutive The new policy to rein in reprogram- today with my concerns about the FY 2002 years, the Congress appropriated sufficient ming by requiring committee approval Army Corps of Engineers (Corps) allocation funds in the Energy and Water Development over $1 million is very sound. Re- for the Houston-Galveston Navigation Chan- appropriations bill to permit the completion programming goes against the letter, nel. This project, funded by the Corps at of the navigational features of the Houston number and intent of Congress. Finan- $28.785 million, realistically requires $46.8 Ship Channel project in four years. Main- cial stability is essential and large in- million to keep it on an optimal construc- taining this optimal construction schedule is tion schedule. a priority for us because it will add an addi- vestments are made on the basis of Over the past several years, funding total- tional $281 million to the project’s return on congressional appropriations. More ing at least $20 million has been repro- investment and save taxpayers $63.5 million market risk equals higher cost for all grammed from this project to other Corps in increased escalation and investment costs. the projects. projects. Given the discrepancy between the We appreciate the efforts you have made to We should note a few brief points FY 02 Corps budget and the amount of fund- fully inform us about the need to reprogram about projects that have been lost to ing required to keep this project on schedule, $2.2 million to the GIWW-Aransas National reprogramming in the past and need to I am requesting that the Corps return the Wildlife Refuge project, as well as your un- be made whole. It seems unjust that full amount of reprogrammed money to this derstanding of our concerns. In the spirit of cooperation, we and the Houston Port Au- the solution to restore the letter and project in its FY 02 budget. I have enclosed correspondence from the Corps that my of- thority are willing to support the corps re- spirit of the law falls on the backs of fice received at the time when these funds quest to reprogram funds from the Houston- the most recent victims of reprogram- were reprogrammed for your review. Galveston Navigation project. However, we ming such as our Houston ship channel I would also like to request a meeting with would first ask to receive assurance in writ- who had reprogrammed dollars not re- you in my Washington, DC office, along with ing that the corps will reprogram other turned. Congressman Chet Edwards, during the sec- funds to the Houston project to replace those Mr. Chairman, I include for printing ond week in September to discuss this issue. lost. Further, our understanding is that in the RECORD written commitments If you have any questions on this matter, funds will be reprogrammed back to the from the Corps under two administra- please contact Bob Turney in my Wash- Houston Ship Channel project by FY 2001. In addition, if the dredging project suddenly tions. The word and spirit of these ington office at (202) 225–1688. Thank you for your prompt attention to this request. moves ahead of schedule, the corps must do commitments are to honor congres- Sincerely, everything possible to ensure that a delay sional appropriations law. Congres- GENE GREEN, does not occur. sional and Corps promises deserve to be Member of Congress. We look forward to your prompt response. honored. That is the same principle be- Sincerely, hind the extremely wise reprogram- DEPARTMENT OF THE ARMY, SOUTH- GENE GREEN, ming policy of the future in this bill. WESTERN DIVISION, CORPS OF EN- Member of Congress. CHET EDWARDS, However, we should allow the Corps to GINEERS, Dallas, TX, March 11, 1999. Member of Congress. fulfill its past commitments. KEN BENTSEN, Again, I would like to thank the Hon. GENE GREEN, House of Representatives, Rayburn House Office Member of Congress. Chair and the ranking member of the Building, Washington, DC. NICK LAMPSON, subcommittee and the full committee DEAR CONGRESSMAN GREEN: This letter is Member of Congress. for making this bill possible. in response to your concerns regarding the Mr. HOBSON. Mr. Chairman, I yield 1 DEPARTMENT OF THE ARMY, SOUTH- proposed reprogramming of funds from the minute to the gentleman from Utah WESTERN DIVISION, CORPS OF EN- Houston-Galveston Navigation Channels, (Mr. BISHOP). GINEERS, Texas project. Mr. BISHOP of Utah. Mr. Chairman, Dallas, TX, September 18, 2001. I am aware of, and fully appreciate the im- I note that the gentleman from Ohio portance of the Houston-Galveston Naviga- Hon. GENE GREEN, included in the committee report a House of Representatives, tion Channels project to the economy of this Washington, DC. region and the nation. The Corps of Engi- provision directing the Secretary of DEAR MR. GREEN: Thank you for your let- neers, Southwestern Division, is fully com- Energy to begin moving commercial ter dated August 29, 2001, concerning the mitted to completion of the project based on spent nuclear fuel into interim storage

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10979 at one or more Department of Energy to join the gentleman from Texas (Mr. I am very pleased that the Appropriations sites. I want to be sure that your in- GENE GREEN) as relates to our port in Committee rejected the administration’s pro- tent is for the Secretary to focus his Houston, a very important economic posal to prioritize Army Corps of Engineers attention on existing DOE sites and arm, but also an entity that needs a water projects based on the projected revenue not go looking for private sites that great deal of oversight and funding for they would bring to the government. This might be used for interim storage. security and also operation. I am dis- prioritization plan would have essentially elimi- Is my understanding of the gentle- appointed that the maintenance and nated some, while much needed, less profit- man’s intent correct? operation funding is not as much as it able projects. I support the $4.7 billion pro- Mr. HOBSON. Mr. Chairman, will the should be. vided for the corps, 9.5 percent more than the gentleman yield? I also wish there could have been President’s request. This is a smart invest- Mr. BISHOP of Utah. I yield to the added funds for new projects. Obvi- ment. I wish there could have been added gentleman from Ohio. ously, the needs of this Nation change funds for new projects. Obviously, the needs Mr. HOBSON. The gentleman’s un- on a daily basis. Saying that this year of this Nation change on a daily basis. Saying derstanding is correct. we will not start any new projects is a that this year, we will not start any new Mr. BISHOP of Utah. So the gen- bit illogical. New projects are ex- projects is a bit illogical. New projects are ex- tleman does not see any reason the tremely efficient in job creation and tremely efficient in job creation. There are Secretary would consider a non-DOE there are many competitive projects many competitive projects across the Nation site for interim storage? across the Nation. and in my district, which should have been Mr. HOBSON. I do not see any reason One portion of the bill I am con- provided for. However, at least this bill is not for the Secretary to consider making a cerned about is the underfunding of the a step backwards, like the administration’s re- private site, or a site on tribal land, National Nuclear Security Administra- quest. I commend the committee for its leader- into a DOE site for interim storage. My tion, $136 million less than the Presi- ship on this issue. intent is for the Secretary to evaluate dent’s request. I understand that some One portion of the bill I am concerned about storage options at existing DOE sites. of this withheld money would have is the under-funding of the National Nuclear Mr. BISHOP of Utah. Mr. Chairman, gone to the robust nuclear earth pene- Security Administration (NNSA), $136 million I thank the gentleman from Ohio for trator. I agree with the Committee less than the president’s request. I understand his hard work and his courtesy. that we need to think long and hard be- that some of this withheld money would have Mr. VISCLOSKY. Mr. Chairman, I fore we start creating new nuclear gone to the ‘‘robust nuclear earth penetrator.’’ yield 2 minutes to the gentlewoman weapons when we are pushing the rest I agree with the Committee that we need to think long and hard before we start creating from Texas (Ms. JACKSON-LEE). of the world. Ms. JACKSON-LEE of Texas. Mr. Mr. Chairman, I ask my colleagues to new nuclear weapons, when we are pushing the rest of the world to put aside such imple- Chairman, I thank the ranking member support this and hope that we can do ments of violence and destruction. We are and the chairman of the subcommittee something more about the Yucca being accused on every front of employing for their work on this bill. This is hard Mountain project by not funding it, double standards: as we march on in war and work. without further study and consider- talk about peace in the Middle East; as we This particular appropriations bill ation of other opinions. The people of spurn our own neighbors in Cuba but ask peo- goes to the very heart of many of our Nevada deserve no less. ple in the occupied territories or in Korea or in congressional districts. I appreciate Mr. Chairman, let me first say thanks to you South Asia, to forgive and forget; as we talk very much the $4.7 billion in funding and the ranking member for your work on this about liberating people but allow tens of mil- provided to the Army Corps of Engi- bill. Mr. Chairman, let me raise an issue of con- lions to die from HIV/AIDS in Africa. We do neers, but let me express my dis- cern for my constituents. I appreciate very not need to further degrade our own standing appointment that we have not been much the $4.7 billion in funding provided to as a beacon of liberty and justice by creating able to stretch the dollars to provide the Army Corps of Engineers, but let me ex- such violent and polluting weaponry now. So, work on new projects. I am speaking press my disappointment that we have not I am pleased that this bill does not provide for particularly about Sims Bayou, Greens been able to stretch the dollars to provide the nuclear earth penetrator. But, I hope we Bayou, White Oaks Bayou and Braes work on new projects. I am speaking particu- can all work together to ensure that other crit- Bayou. larly about Sims Bayou, Greens Bayou, White ical non-proliferation work done by the NNSA More importantly, having worked on Oaks Bayou and Braes Bayou. More impor- will be fully provided for in the years to come. legislation dealing with inland flood- tantly, having worked on legislation dealing Through my work on the Science Com- ing, I can tell you that flooding is a with inland flooding, I can tell you that flooding mittee I have come to understand the amazing very serious issue in my district. I look is a very serious issue in my district, and I new technologies on the horizon that will de- forward to working with this appro- would look forward to working with this appro- crease our reliance on foreign sources of fos- priations subcommittee through the priations subcommittee through conference to sil fuels, and help preserve our environment coming session to be able to provide be able to provide some greater assistance. for generations to come. It is good to see that greater assistance. Mr. Chairman, might I also acknowledge my this bill has allotted $3.7 billion, 6 percent Might I also acknowledge my concern concern on the funding for nonproliferation in more than the administration’s request for on the funding for nonproliferation in nuclear weapons. While I wish we had been Science programs. However, of the energy re- nuclear weapons. While I wish we had able to include more dollars in this area, I am search out there, hydrogen fuels and fuel cells been able to include more dollars in please that we were able to increase their are some of the most promising areas that this area, I am pleased that we were funding by $8 million over last year’s levels. need to be developed. The Science Com- able to increase their funding by $8 I would like to commend the chairman and mittee has encouraged strong support of these million over last year. Unlike previous ranking member of the Energy and Water programs, and the administration also has rec- years, due to the appropriations sub- Subcommittee of the Appropriations Com- ognized their value. But this appropriations bill committee reorganization, the bill mittee for their excellent work on crafting this provides for less than half of what the admin- funds several renewable energy pro- bill. There are several elements of debate be- istration has requested for hydrogen tech- grams, clean coal technology, and the tween the majority and the minority, and be- nology research. I represent Houston, the en- Strategic Petroleum Reserve. Such tween the House and the administration, but in ergy capital of the world. I understand the programs greatly enhance the lives and general it seems that a fair compromise has needs of this Nation for ample and affordable security of my constituents. been reached. Unlike previous years, due to energy. As gas prices take a slow decline, we I am very pleased that the Appropria- the Appropriations subcommittee reorganiza- are realizing that we depend too much on tions Committee rejected the adminis- tion, the bill funds several renewable energy countries that are either directly or indirectly tration’s proposal to prioritize Army programs, clean coal technology, and the hostile towards us. It seems irresponsible to Corps of Engineers water projects Strategic Petroleum Reserve. Such programs under-invest in these next-generation tech- based on the projected revenue they greatly enhance the lives and security of my nologies. Perhaps this is something that can would bring to the government. I want constituents. be re-visited in conference.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00065 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10980 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 Again I thank the chairman and the ranking leadership and commitment to this and we get the increased plume, which member for their work on this bill. The lagging issue. results from not finishing these economy of the past 3 years, and huge defi- Mr. VISCLOSKY. Mr. Chairman, I re- projects, completed. I think also as im- cits that have been created by our fiscal poli- serve the balance of my time. portant, if not more so, is the vision cies, have made budgets very tight. I wish this Mr. HOBSON. Mr. Chairman, I yield 1 for the corps and the waterways in the were not the case. But considering the box we minute to the gentleman from Florida future. Also the vision for the Depart- are in, I believe our appropriators have done (Mr. FEENEY) for a colloquy. ment of Energy both in the weapons an admirable job here to fund important prior- Mr. FEENEY. Mr. Chairman, I thank area and in the area of future cost-ef- ities and serve the Nation’s energy and water the chairman for yielding me this fective power for this country so that needs. time. We appreciate the chairman and this country can compete in the world Yet I am very disappointed in the support the committee’s hard work on this bill. in the future are both dealt with in for the Yucca Mountain Nuclear Waste I want to specifically highlight the various stages in this bill. Respository at an amount of an additional Rose Bay Ecosystem Project in Flor- So I hope that everyone will support $310 million. The project needs more consid- ida’s 24th Congressional District, which this bill. eration and more study, there is much opposi- I represent. Here local, county, and Ms. PELOSI. Mr. Chairman, I ask my Col- tion in Nevada and the people of that great State agencies have worked for 10 leagues to join us today in defeating the pre- State deserve better from this Congress. years now and have spent more than vious question so that we can bring back a Mr. HOBSON. Mr. Chairman, I yield 2 $30 million to restore our natural rule that will allow us to debate an amendment minutes to the gentleman from New aquatic ecosystem of Rose Bay. Now that would increase funding for research and Jersey (Mr. FERGUSON). this project has stalled, understand- development for new energy technologies by ably, due to limited funds at a time of b 1215 $250 million. war. In the 1940s, Rose Bay was a pro- Yesterday, Congresswoman ALLYSON Mr. FERGUSON. Mr. Chairman, I ductive estuary and shellfish har- SCHWARTZ of Pennsylvania, requested a waiv- want to thank the gentleman from vesting area on the Halifax River in er from the Rules Committee so that she Ohio (Chairman HOBSON) for his leader- Volusia County. Since the 1990s, local could offer this amendment on the floor, but ship in delivering a comprehensive and engineers and cities have anted up to she was denied that opportunity. bipartisan appropriations bill to the their responsibility, and we would hope Mr. Chairman, for 4 years now, the Repub- floor today. He has taken the responsi- that the Army Corps of Engineers licans in Congress have brought us an energy bility as chairman of the sub- would live up to the agreed-upon 5- policy bill that provides billions in subsidies to committee very seriously. He has been point plan to restore Rose Bay. traditional energy industries already reaping to New Jersey, to our home State. He I would ask the chairman’s help, record profits. According to the New York has seen the channel deepening project, along with the committee’s, to do ev- Times, the top 10 biggest oil companies and he takes a real interest in the erything we can to get this project earned more than $100 billion last year, and projects found in his bill, and I thank back on the appropriate steps forward. their combined sales are expected to exceed him very much for his leadership. Mr. HOBSON. Mr. Chairman, will the $1 trillion, which is more than Canada’s gross On a more personal note, I also want gentleman yield? domestic product. to thank the chairman for supporting Mr. FEENEY. I yield to the gen- Just a few weeks ago, Republican leaders the Green Brook Flood Control tleman from Ohio. brought to the House floor an energy bill that Project, which is in my district in New Mr. HOBSON. Mr. Chairman, as the devoted 93 percent of its tax incentives to oil, Jersey. My constituents in New Jersey gentleman from Florida is aware, the gas and other traditional energy industries, thank him for his commitment to this budget is very tight this year; and due and only 7 percent for renewable energy and project. to the lack of Federal funds, many investments in new technologies. I would also be remiss if I did not projects the committee supported in It is time for a new direction. A Democratic mention the gentleman from New Jer- the past did not receive appropriations energy plan would set us on a faster course sey (Mr. FRELINGHUYSEN). For more this year. Because money is tight, toward energy independence by investing than 5 years, the gentleman from New locals will need to do more with less more of our valuable resources in clean, re- Jersey (Mr. FRELINGHUYSEN), as a and finish this with other local money. newable energy resources, promoting new member of the Committee on Appro- As the gentleman knows, I have got emerging technologies, developing greater ef- priations, has been a champion for the three grandchildren living in Florida; ficiency and improving energy conservation. Green Brook Flood Control Project. He so I am interested in the State of Flor- Today, we are fortunate to have a number deserves significant credit for its suc- ida, and I appreciate the gentleman’s of promising technologies that offer new ways cess and the thanks of thousands of bringing this to our attention. to generate energy and improve energy effi- residents whose safety and livelihood Mr. FEENEY. Mr. Chairman, I thank ciency. But these investments are just a be- in our area of New Jersey are very the gentleman for his comments. ginning, and will need our commitment in fu- much at stake with the success of this Mr. VISCLOSKY. Mr. Chairman, I ture years to sustain the innovations and in- project. yield myself such time as I may con- vestment levels needed to truly establish a The gentleman from Ohio (Chairman sume. sound energy economy for the 21st Century. HOBSON) and every member of the Com- I simply again thank the chairman The hydrogen economy may be a worthy mittee on Appropriations has a consid- for his leadership, for being a gen- goal, but its benefits may not be realized until erable task and responsibility of tleman, and for being a friend; and I mid-century. And while hydrogen may eventu- prioritizing local projects. There are no recommend the legislation to my col- ally play a major role in replacing gasoline in easy decisions, particularly in a dif- leagues. our cars and trucks, the sources of energy to ficult and a tight budget year like this Mr. Chairman, I have no further re- generate hydrogen must begin accelerated de- year. The Green Brook Flood Control quests for time, and I yield back the velopment now. Project is saving homes and businesses balance of my time. The Schwartz amendment would not choose and lives. It is equally vital that our Mr. HOBSON. Mr. Chairman, I yield any particular type of technology. Instead, it Senators from New Jersey take up the myself such time as I may consume. would distribute resource across multiple tech- fight for this important project and Let me close and say I want to thank nologies and use them to generate multi-year finish the work that we have begun my ranking member because we have development and deployment projects, support here in the House. worked together on this bill. It is a research and development competitive grants, Again I want to thank the gentleman very comprehensive and detailed bill in and increase deployment of existing and new from Ohio (Chairman HOBSON), and I a lot of scientific ways. We do take energy conservation measures. want to thank the gentleman from New some visions for the future of this For example, the National Academy of Jersey (Mr. FRELINGHUYSEN) for their country which I think are very impor- Sciences examined the possible benefits of an compassion and their vision and their tant when it comes to the waterways aggressive investment in solid state lighting.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00066 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10981 Today, lighting constitutes 30 percent of all not support the regulatory requirements of the Second, the proposed interim facility would energy use in buildings in the United States. National Flood Insurance Program (NFIP). not be subject to licensing by the NRC. It is The Academy study found that an investment This need for new information is due to the not clear that the National Environmental Pol- of $50 million a year for 10 years would result changes in land use and the pressure from icy Act would even apply. If you think licensing in a $50 billion savings between now and development occurring all along the river. Im- a repository at Yucca Mountain will be a de- 2050. That is a return of 100 to one for the proving the flood plain mapping, which meets manding process, as it should be, the uncer- U.S. economy. the requirements of the NFIP (authorized by tainties surrounding an unlicensed interim stor- Another excellent example—fuel cells—offer P.L. 86–645), can be developed working from age facility should give pause to potentially af- potential benefits in vehicles and stationary the results of the Upper Mississippi River Sys- fected communities. applications. Fuel cells are essential to a hy- tem Flow Frequency Study. The new flood Third, since the proposal specifies no licens- drogen energy economy and also have a vital plain information will allow development of ing process and no statutory criteria for site role to play in other areas. Again, the National water surface profiles and Digital Flood Insur- selection, it is likely that pure politics—not Academy of Sciences study found that a sus- ance Rate Maps (DFIRM) for regulating cur- seismic conditions, not storage capacity, not tained investment of roughly $500 million over rent and future development of the 100-year even security measures—would guide DOE in the coming decade is likely to produce bene- and 500-year flood plains as well as the its selection of a fast track candidate to begin fits as much as $40 billion through 2025. floodway along this 313-mile reach of the storing waste in FY 2006. That should send a The government has an essential role to river. chill up the spine of any state with a Federally- play in research and development. Unless a Mr. DINGELL. Mr. Chairman, the language owned site, since the policy proposed in the business can make a reasonable return on its of this bill, which appropriates $310 million report would not provide protections equal to research investment, it cannot afford to invest from the Nuclear Waste Fund ‘‘to carry out the the Nuclear Regulatory Commission (NRC) re- in R&D. And unless the business is a monop- purposes of the Nuclear Waste Policy Act of quirements for storage of spent fuel by utili- oly, this requires the R&D to lead to a patent 1982’’ does not on its face present policy con- ties. on a device or a process that can be mar- cerns. While the Yucca Mountain repository Fourth, ratepayers should be alarmed by the keted. Applied research yields benefits that program faces funding problems, this is not committee report’s interim storage proposal. are too diffuse to be captured by anyone com- the bill in which to address those issues and They have paid over $22 billion into the Nu- pany. this appropriation more than meets the Admin- clear Waste Fund since 1983 for the purpose So the federal government collects funds istration’s FY 2006 request. of permanent disposal—not interim storage— from a broad base of beneficiaries—the tax- The language of the committee report, how- of commercial spent fuel. An interim storage payers—and invests in research and develop- ever, is an altogether different matter and facility could add to costs in the long run, in- ment that otherwise would never happen. Al- strays across the line from appropriating into creasing ratepayers’ total payments to the most all such funding is through appropriation authorizing. It does so by directing the Depart- Fund. Fifth, utilities and the nuclear industry bills—the Energy and Water bill being one ment of Energy (DOE) to undertake actions in- should be alarmed by this interim storage pro- good example. consistent with its authority under the Nuclear posal. While a few lucky companies’ waste Mr. Chairman, we are the world leader in Waste Policy Act. Specifically, the report di- might get moved before Yucca Mountain technical innovation. rects DOE to ‘‘begin the movement of spent opens, the vast majority are likely to be stuck From the light bulb to the space program to fuel to centralized interim storage at one or holding their waste longer. Interim storage is the Internet, the U.S. has led the way. We more DOE sites within fiscal year 2006.’’ likely to divert DOE’s funds and attention, just have built the world’s largest economy on the Now, it is elementary that report language when the Department needs to focus on sub- inventiveness of our citizens and our willing- does not constitute a statutory mandate. As mitting a license to the NRC and on getting ness to make the investment needed to ad- the U.S. Supreme court ruled in its 1993 opin- Yucca Mountain up and running. vance our society. The fundamental nature of ion, Lincoln v. Vigil, ‘‘It is a fundamental prin- I commend Representatives SPRATT and our free society has always been the key to ciple of appropriations law that where Con- HOBSON for their colloquy clarifying that the our achievement. gress merely appropriates lump-sum amounts committee report’s ‘‘guidance’’ to DOE interim Science, engineering, and technology have without statutory restriction, a clear inference storage does not obviate the need for statu- enabled us to build our modern nation, and may be drawn that it does not intend to im- tory changes to authorize DOE to pursue this now we need to use these tools aggressively pose legally funding restrictions, and indicia in misguided policy. Yesterday, I sent DOE Sec- to increase our energy security, improve the committee reports and other legislative history retary Bodman a letter asking that and other lives of our citizens, and power us in the 21st as to how the funds should, or are expected questions, and I believe all Members would be Century. to, be spent do not establish any legal require- well served to consider the answers before I call on Members to defeat the previous ments on the agency.’’ considering such substantial modifications to question so we might consider an alternative Nonetheless, report language that conflicts current law. rule that would allow Congresswoman with an agency’s statutory responsibilities war- Mr. HOLT. Mr. Chairman, I rise today to ex- SCHWARTZ to offer her amendment during the rants a response. The committee report di- press my concerns with the Army Corps of debate on funding energy priorities today. rects DOE to do something the Nuclear Waste Engineers and my hope that language in- Mr. KING of Iowa. Mr. Chairman, I rise Policy Act does not permit—to establish one cluded in this bill will rein their disregard for today to urge funding to redraw the flood plain or more centralized interim storage facilities Congressional requests. maps that would assist in addressing flood for commercial spent fuel, to take title to I concur with the committee’s expressed dis- plan management problems along the Mis- ‘‘some’’ commercial spent fuel, and to con- satisfaction with the Army Corps managing of souri River. The States of Iowa, Nebraska, sider altering the order in which utility fuel is water projects and their excessive transfer of South Dakota, and Missouri, as well as all cit- scheduled to be removed from utility sites. funds between projects. Many of us have long ies and counties bordering the river, have an What would adoption of this ‘‘interim stor- been frustrated with the Army Corps is their immediate need for improved flood plain infor- age’’ proposal mean? mishandling of projects throughout the Nation. mation along the Missouri River. The lack of First, it would mean that some State other Although Congress authorizes and appro- incomplete data hampers the way that com- than Nevada, which Congress ratified as the priates specific projects, the Army Corps re- munities plan for their economic future and sole candidate for licensing a permanent re- peatedly ignores these guidelines and sets interact with state and federal agencies. The pository, would ‘‘win’’ the lottery for hosting an their own priorities. This has resulted signifi- existing data is approximately 30 years old. interim storage facility that would open in cant delays that further distress the commu- Coupled with that, is the fact that the recently 2006. The report language helpfully notes that nities near these uncompleted projects. completed Upper Mississippi River System three DOE sites in the States of Idaho, South In the 12th Congressional District, the envi- Flow Frequency Study, which includes the Carolina, and Washington, could be selected. ronmental restoration of Grover’s Mill Pond is main-Lower Missouri below Gavins Point Dam, It notes as well, however, that other Federal a most egregious example of the Army Corps resulted in significant change to the existing sites, including closed military bases, could be disregard for congressionally mandated hydrology and hydraulics along the river. This picked. projects. Located at the site made famous by indicates that current flood plain management This would not be permitted under the Nu- Orson Wells’ ‘‘War of the Worlds’’ radio broad- for the Missouri River is inaccurate and does clear Waste Policy Act. cast, Grover’s Mill Pond is not only a historic

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00067 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10982 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 site, but it is a recreation destination within While there may have been some unwise gress to better appropriate funding that can West Windsor Township and a vital link in the uses of continuing contracts by the corps, the match the corps capabilities for individual Township’s stream corridors and watershed restrictions in this bill are too severe. They will projects. area. Years of sediment build-up and runoff lead to inefficient use of funds and a bias Chairman HOBSON and Ranking Member from the watershed have caused the pond to against Congressional priority projects. VISCLOSKY are to be commended for their ef- become overrun with aquatic weeds and As a result of the constraints on reprogram- forts to see that program management and algae. ming, a lot of money will be carried over each budgeting at the Corps of Engineers are put This pond in its current condition is not only fiscal year and work will have to be broken up back on track. While I have reservations about an eyesore for the community and the resi- into many smaller units making projects more the effects of some of the measures required dents that live near it, but gives off an un- expensive. by this bill, I believe I can work with the Com- pleasant odor in the summer. Completion of Current law requires the corps to use con- mittee leadership as this bill moves forward to this project is long overdue, and could have tinuing contracts whenever funds are provided see that my concerns are addressed in Con- been completed had the Army Corps not in an appropriations act, but there is not ference. transferred almost all of the $500,000 that was enough money to complete the project. Only Ms. LEE. Mr. Chairman, I rise in support of specifically designated by Congress for this funds for that fiscal year are reserved, but the this bill. project. Thankfully, the committee has once contractor can proceed with additional work I would first like to thank the Chairman of again designated funding for this project, and with the understanding that payment is subject the Subcommittee, Mr. HOBSON, and the I expect that the Army Corps will follow Con- to future appropriations. Ranking Member, Mr. VISCLOSKY, for their gressional designation and not once again Section 104 is inconsistent with current law work in putting together the Energy and Water shortchange my constituents in favor of a in that it restricts the amount of work a con- Appropriations Bill. project they deem more worthy. tractor can do to only that which can be ac- I also want to thank both of them for includ- Unfortunately, other unfinished projects in complished with FY 06 funds. Under section ing $48 million in the bill to continue funding my district such as McCarter’s Pond and Rog- 104, the contractor cannot proceed at his own the Port of Oakland’s 50-foot dredging project ers Pond did not receive additional funding in risk in anticipation of FY 07 and future year in my district in California. this bill. I am hopeful that the strong and clear funding. The contractor will have to stop work As the fourth largest container port in the direction the committee has given the Army and wait for a new contract the next year. country, the Port of Oakland serves as one of Corps in this bill will force them to complete Section 104 is legislative in nature and I in- our premier international trade gateways to such projects in the future and encourage tend to make a point of order that will strike Asia and the Pacific. them not to create such unpleasant situations it from the bill. The 50-foot dredging project will underpin in the future. Section 105 further restricts the use of con- an $800 million expansion project funded by I thank the committee for their desire to as- tinuing contracts and has the remarkable ef- the Port that will improve infrastructure, ex- sist my constituents and this nation by pro- fect of restricting the corps’ ability to carry out pand capacity and increase efficiencies viding additional funds for unfinished projects congressionally-added projects in this appro- throughout the distribution chain. and expressing their severe dissatisfaction priation bill. Once this project is finished, an additional with the Army Corps management of water Section 105 states that none of the funds 8,800 jobs will be added, business revenue projects. I hope this legislation will serve as an provided in FY 06 may be used to award a will increase by $1.9 billion, and local tax reve- important step in reforming this agency and continuing contract that extends into FY 07 nues will go up by $55.5 million. Best of all, ensuring that our communities receive the en- unless the Administration budgets for the 100 percent of the dredged materials will be vironmental restoration assistance they des- project in FY 07. reused for wetlands restoration, habitat en- perately need. This means that even if a Member has fund- hancement, and upland use within the San Mr. YOUNG of Florida. Mr. Chairman, the ing for a project in this bill, for FY 06, not fully Francisco Bay Area. civil works program of the Corps of Engineers funded, there are three options: (1) Hope to I appreciate the Subcommittee’s support for provides water resources development award a continuing contract before Administra- this project and I look forward to continuing to projects that are important to the Nation. I be- tion comes out with its budget in February of work with the Chairman and Ranking Member lieve the restrictions on reprogramming of 2006, (2) award a single year contract for only to complete it. funds and the constraints on the use of con- one increment of the project (resulting in in- Mr. ROTHMAN. Mr. Chairman, as a mem- tinuing contracts contained in this bill will lead creased costs), or (3) wait until fiscal year ber of the Appropriations Committee, I rise in to the inefficient use of appropriated funds and 2008 to award a continuing contract for the support of the Fiscal Year 2006 Energy and will disadvantage congressionally-added project (delaying project construction and Water Bill. I want to thank Chairman HOBSON projects. project benefits). and Ranking Member VISCLOSKY for their hard Congress does not fully fund projects in a These restrictions apply to on-going as well work in drafting this bill. I also want to ac- given fiscal year and the schedule for con- as new projects. knowledge both the Majority and Minority staff structing these large water resources projects In Alaska, there are currently eight projects for their dedication. is subject to the weather, environmental condi- under construction using continuing contracts. I can appreciate the tough choices that both tions, and other dynamic circumstances. As a Seven of these are not in the President’s Chairman HOBSON and Ranking Member VIS- result, reprogramming and continuing contacts Budget. I expect that before this bill becomes CLOSKY had to make with the tight allocation are important tools that allow for the efficient law, it will contain funding for all of these for this bill. I believe they have made choices use of appropriated funds. projects. with the best interests of improving U.S. water I share the concerns that the Appropriations Nevertheless, under section 105 of the bill, infrastructure and advancing energy programs Committee has for some of the reprogram- a continuing contract could not be used in FY in mind. Those decisions were not easy, but ming activities of the Corps of Engineers and 06, and the corps will have to break the this bill is the best we can do under the budg- the way they have used continuing contracts projects into smaller pieces or wait until FY 08 et constraints. I urge all of my colleagues to for some of their projects. However, the con- to spend the FY 06 appropriated funds. vote in favor of the FY 2006 Energy and straints in this bill are too restrictive. I believe the restrictions in this bill will delay Water Appropriations Act. Section 101 only allows a reprogramming of these important projects in Alaska and make Mr. UDALL of Colorado. Mr. Chairman, this $2 million or less per project. This is not them more expensive. This is a problem that bill is not perfect. But it provides appropriate enough to allow the corps to effectively move will be repeated for other Members for funding for many important purposes, and I money around among projects when projects projects all over the country. will vote for it. are delayed or when they can be accelerated. Finally, I want to applaud the Committee’s Subcommittee Chairman HOBSON, ranking Also, the bill earmarks nearly all available efforts to get additional information from the member VISCLOSKY, and their colleagues on funding, which makes it impossible for the Administration during the budget process. In- the Appropriations Committee deserve our corps to pay back those projects that it took formation is needed for all projects, not just thanks for their work on this legislation. money from in previous reprogramming. the ones in the Administration’s budget. In ad- Their task was made harder by the restric- I must disagree also with the restriction dition, I believe that a 5-year schedule of tions imposed by the budget resolution cham- placed on continuing contracts by this bill. spending for each project will allow the Con- pioned by the Republican leadership, and the

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00068 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10983 bill does not include some things that I think cern among the Rocky Flats workers about Mr. BARRETT of South Carolina. Mr. Chair- should have been funded. But I think they their future. man, I would like to thank Chairman HOBSON have done a good job with the allocation of There now remain only a few months for for his leadership in bringing this important funds available to them, and the bill does in- these matters to be resolved prior to closure. legislation to the floor, and I also thank him for clude some items of particular importance to Time is of the essence. So, I was very glad to his continued commitment to the Yucca Moun- Coloradans. note that the Committee Report accompanying tain project. As a fiscal conservative, I share In particular, I am very pleased that it will this bill directs DOE to report by September his concerns regarding the federal govern- provide nearly $580 million to continue—and, 30, 2005, on the Department’s plan for a na- ment’s liability as result of project delays, and I hope, complete—the cleanup of Rocky Flats. tional stewardship contract for administration I would like to work with the Committee to en- Formed by the location of a facility for mak- of the pension and benefit payments to former sure the Department of Energy (DOE) fulfills ing key parts of nuclear weapons, the Rocky Environmental Management closure site con- its statutory and contractual obligation to ac- Flats site is located just 15 miles from down- tractor employees. I applaud the committee for cept spent fuel for disposal. To resolve this town Denver and at one time was the location including this directive, and urge the Adminis- issue the Committee has recommended the of large quantities of nuclear materials and tration to complete and submit this report as Spent Fuel Recycling Initiative (Initiative), other hazardous substances. Because of its soon as possible. which links interim storage to reprocessing. proximity to our state’s major metropolitan The bill also includes other matters of par- I strongly believe interim storage of com- area, timely and effective cleanup and closure ticular importance for Colorado. It provides mercial spent fuel should not take place a of the site has been a matter of top priority for funding for several Bureau of Reclamation DOE sites like Savannah River. However, I do all Coloradans. projects in our state, including the Colorado- agree that interim storage is an issue Con- With the funding provided by this bill and Big Thompson project and the Fryingpan-Ar- gress and the DOE should examine. One ar- barring unforeseen developments, the Depart- kansas project as well as the ongoing con- gument posed by opponents of this Initiative is ment of Energy and its contractor, Kaiser-Hill, struction of the Animas-La Plata project. It that interim storage would create a ‘‘de facto’’ should be able to complete the cleanup in the also includes needed funds for operation and permanent repository, which undermines our coming months—and while the department will maintenance of a number of reservoirs oper- national policy of disposing high-level radio- have ongoing responsibilities at Rocky Flats, ated by the Army’s Corps of Engineers as well active waste in a permanent deep, geologic completing the cleanup will enable it to focus as for other Corps activities in Colorado. repository. While I share the concern, this ar- even more intently on the cleanup work to be And I am very glad to note that the bill will gument only has merit if interim storage is done at other sites. So, I strongly support this provide funds for completing construction of dealt with as a separate issue. But, the Com- part of the bill. the new science and technology facility at the mittee’s report expressly states the Initiative However, while we are taking care of the National Renewable Energy Laboratory. has ‘‘linked’’ interim storage to reprocessing. site, it is essential that we also take care of I am disappointed, however, that the bill Moreover, this bill fully funds the Yucca Moun- those who worked there. Some of them were shortchanges some of the important clean en- tain project. These facts read together clearly made sick because of exposure to beryllium, ergy programs at NREL. As co-chair of the imply that the DOE implementation of the Ini- radiation, or other hazards. It was because of Renewable Energy and Energy Efficiency tiative’s core elements should not undermine them, and those like them who worked at Caucus in the House, I have worked for years Yucca Mountain. As a result, I strongly believe other sites, that I worked with our colleagues to increase—or at a minimum, hold steady— the DOE should carefully examine any unin- from Kentucky and Ohio, Mr. WHITFIELD and funding for DOE’s renewable energy and en- tended consequences in its implementation re- Mr. Strickland, as well as others in both the ergy efficiency research and development pro- port to ensure the Initiative supports our na- House and Senate, and with Secretary of En- grams. tional policy on nuclear waste disposal as set ergy Bill Richardson and his colleagues in the Given the finite supply and high prices of forth by the Nuclear Waste Disposal Act. Clinton Administration, to pass the Energy fossil fuels and increasing global demand, in- Examining the merits of this Initiative also Employees Occupational Illness Compensa- vesting in clean energy is more important than requires us to review its other core element— tion Program Act (EEOICPA). I am proud to ever. DOE’s renewable energy programs are reprocessing commercial spent fuel. The Com- have been able to help get this program en- vital to our nation’s interests, helping provide mittee correctly notes prior to the mid-1970’s, acted and I will continue working to improve it strategies and tools to address the environ- the Federal government encouraged the re- for those who have worked at Rocky Flats and mental challenges we will face in the coming processing of commercial spent fuel and even other sites. decades. These programs are also helping to developed reprocessing facilities in several And, we need to also remember the other reduce our reliance on oil imports, thereby states including South Carolina. Although op- workers at Rocky Flats as well. As they near strengthening our national security, and also ponents often cite proliferation concerns as a the completion of their jobs at the site, they creating hundreds of new domestic busi- reason not to reprocess spent fuel, the report are understandably concerned about what will nesses, Supporting thousands of American states ‘‘there is no evidence that current [Eu- come next. Many have moved on to other jobs, and opening new international markets ropean] reprocessing operations pose a sig- jobs, and others will do so. But many are fac- for American goods and services. nificant proliferation risk.’’ Equally as impor- ing uncertainties about their futures. For all of For our investment in these technologies to tant, I agree with the Committee that reduced them, it is essential that DOE acts promptly to payoff, our efforts must be sustained over the volumes gained through reprocessing could resolve remaining questions about the futures long term. This bill does not do that. This bill avert the need to expand Yucca or site a sec- they can expect when their work at Rocky is $23 million less than last year’s bill in the ond repository. Finally, reprocessing can also Flats is finished. area of renewable energy research. This in- reduce the radiotoxicity of high-level waste, For that reason, I recently wrote to ask Sec- cludes cuts in biomass, geothermal, and solar which makes licensing Yucca Mountain a sim- retary Bodman to give immediate attention to energy programs. I believe that the reductions pler proposition. As a result, there is no ques- two important matters—(1) determining the fu- in funding levels for the core renewable en- tion it is time for our nation to reexamine this ture administration of pension and health in- ergy programs are ill-advised at a time when issue, and I believe the Savannah River Site’s surance plans for Rocky Flats workers (and the need for a secure, domestic energy supply existing reprocessing infrastructure should be for those at other closure sites as well); and is so crucial. considered as potential resources that could (2) assuring the continued availability of med- I am also concerned about the bill’s deep be utilized for this purpose. ical benefits for Rocky Flats workers who will cuts to energy efficiency programs such as In- Although I agree the Committee’s Initiative not be eligible for full retirement at the time of dustrial Technologies ($16 million) and State presents our nation a possible solution to fi- the site’s closure. Energy Program Grants (nearly $4 million) and nally shipping high-level waste out of states I pointed out that DOE’s Office of Legacy a cut of nearly $5 million in the Distributed En- like South Carolina more quickly than antici- Management (LM) has stated that it is devel- ergy and Electricity Reliability Program. pated, I do not believe the Initiative could be oping a plan for the transition of pension and Nonetheless, Mr. Chairman, my regrets implemented without further Congressional au- insurance plans, as well as for record keeping about this bill are outweighed by my apprecia- thorization. Under the Nuclear Waste Policy and other matters for which LM is responsible. tion for the good things that it includes, and so Act (NWPA), the DOE’s authority to store However, I also noted that no such plan yet I urge the House to pass this important appro- commercial spent fuel on an interim basis at exists, which means there is increasing con- priations bill. existing DOE facilities expired January 1,

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00069 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10984 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 1990. Moreover, the NWPA does not allow the conference on H.R. 6, the bill before us today mittee on their steady work in bringing bills to DOE to construct a Monitored Retrievable provides a vital additional component of the the floor that comply with H. Con. Res. 95 and Storage (MRS) facility until Yucca Mountain Nation’s energy policies. wish them continued success as they proceed receives a construction license. Thus, if the As Chairman of the Budget Committee, I am through this appropriations season. DOE desires to implement the core elements pleased to note that this bill complies with the I therefore express my support for H.R. of the Initiative, I along with the Committee re- budget resolution, and also reflects a respon- 2419. quest the DOE provide to Congress any nec- sible set of budgetary choices. Although the Mr. SALAZAR. Mr. Chairman, I rise today to essary authority it may need to execute it. Appropriations Committee provided more fund- express my support of the House version of I have no doubt Chairman HOBSON’s inten- ing that the President in certain areas, they the Energy and Water Appropriations Act for tions with this Initiative are to support the nu- still achieved a modest but real reduction in Fiscal Year 2006, and I urge my colleagues to clear power industry by ensuring we have a total spending for this bill, compared with fiscal vote in support of this important measure. permanent repository for commercial spent year 2005. I commend Chairman HOBSON and Ranking fuel, and he is to be commended for bringing ENERGY AND WATER DEVELOPMENT Member VISCLOSKY for their work on this bill. this matter to the 109th Congress’ attention. H.R. 2419 provides $29.7 billion in appro- I believe it is a good start for addressing our The issue of nuclear waste disposal is com- priations for fiscal year 2006. This is $410 mil- nation’s water infrastructure and energy re- plex, and it will require big ideas for safe dis- lion, or 1.3 percent, below the fiscal year 2005 search needs, especially given the budget position of our high-level waste. The Spent level, and equal to the President’s request. constraints. Fuel Recycling Initiative is one of those ideas, The bill complies with section 302(f) of the As a farmer who works the land in Colo- and I look forward to working with my col- Budget Act, which prohibits consideration of rado’s San Luis Valley, I know and understand leagues and my constituents to ensure it is the bills in excess of an Appropriations sub- water issues, and I can’t emphasize how im- best policy to pursue. committee’s 302(b) allocation of budget au- portant it is to invest back into local water in- Mr. RYUN of Kansas. Mr. Chairman, I am thority in the budget resolution. frastructure. Without this investment, I fear we mindful of the limitations that the Appropria- The bill provides $23.8 billion in discre- will continue to see a decline in the manage- tions Committee is under when funding project tionary BA to the Department of Energy ment of this irreplaceable resource—water is requests for the Army Corps of Engineers. I [DOE], a reduction of $390 million from the the lifeblood of our rural communities. am also aware, however, that the committee 2005 enacted level. Within the department, BA The House Energy and Water Appropria- works closely with the Corps in this process, is reduced from the 2005 level by 2.6 percent tions Bill would provide $29.7 billion for the and that funding decisions are based largely for Environmental and Other Defense Activi- Army Corps of Engineers, the Bureau of Rec- on the priorities put forward by the corps. ties ($203 million), and 4 percent for the Na- lamation and Department of Energy, a $329 With this in mind, I am very disappointed tional Nuclear Security Administration ($365 million increase over last year’s funding level. that the Energy and Water Appropriations bill million). But for Energy Programs, the bill pro- I am pleased the Committee included fund- that we approved today did not contain fund- vides a slight increase of 1.3 percent, or $98 ing for three important projects which I had re- ing for the cleanup of a logjam on Jacobs million. quested back in March for the 3rd District of Creek in my district in Coffey County, Kansas. H.R. 2419 provides $661 million for the Colorado. First and foremost, the Committee I am disappointed because I have made it Yucca Mountain repository, an increase of $84 included $56 million in funding for construction abundantly clear to the corps on numerous oc- million above 2005 and $10 million over the of the Animas-La Plata Project. This funding casions that I hear more from constituents President’s request. level represents a $4 million increase over the about this project than any other corps project Funding for the Department of the Interior President’s budget request and comes on the in my district. Further, I have asked the corps totals $933 million and discretionary spending heels of a Colorado delegation letter which I to make it one of their highest priorities when for the Bureau of Reclamation holds flat rel- spearheaded back in March. I would also like it comes to funds spent in my district. ative to 2005. to thank the Committee for the inclusion of This logjam began in 1973, but has only in For the Corps of Engineers, the committee language which directs a larger percentage of recent years escalated to such a problematic provided $4.7 billion, or $396 million over the program funds towards construction, not ad- level. Currently, the logjam covers an expanse President’s request, primarily through addi- ministrative costs. of more than two miles. Along this stretch, tional construction and operations and mainte- Completion of the A–LP will provide a boat docks are useless and garbage is nance spending, which together make up two- much-needed water supply in the southwest trapped in the sediment. The clog poses not thirds of total Corps of Engineers spending. corner of our state for both Indian and non-In- only a health and safety hazard to area resi- Also, the Appropriations Committee rejected dian municipal and industrial purposes. It will dents, but it also threatens the economic via- an initiative to directly fund the operations and also fulfill the intent of a carefully negotiated bility of the region. maintenance costs through the Power Mar- settlement agreement in the mid-1980s to en- If the corps had given this request the pri- keting Associations’ revenues. sure the legitimate claims of the two Colorado ority it deserved, it would have received fund- H.R. 2419 does not contain any emergency- Ute Tribes could be met without harm to the ing. The absence of funding for this project in designated BA, which is exempt from budg- existing uses of their non-tribal neighbors. the bill leads me to conclude that the corps etary limits. While the budget resolution for fis- Since 2002, the Bureau of Reclamation has has once again looked the other way. cal year 2006, H. Con. Res. 95, did allow for made much progress, and work has been I am disappointed that this crucial project an advance appropriation in the Elk Hills ac- completed or initiated on many key project has once again been ignored and I call on the count, the Committee on Appropriations pro- features. This increased funding will allow the corps to put their resources to work and rem- vided for it with a current year appropriation. Bureau to move forward in a way that will en- edy this situation. I fully intend to continue The bill also defers $257 million in pre- sure timely completion of the A–LP and avoid working to see that this project is funded in viously appropriated funds for the Clean Coal costly delays. the final version of this bill. Technology Initiative until fiscal year 2007, The FY2006 Energy and Water Appropria- Mr. NUSSLE. Mr. Chairman, the measure providing $257 million in BA savings for 2006, tions bill also includes $315,000 for the Arkan- before us today—the appropriations act for and an equal increase in 2007. The adminis- sas River Habitat Restoration Project. The Energy and Water Development—joins the tration proposed a rescission of this amount. U.S. Army Corps of Engineers in cooperation early wave of discretionary spending bills pur- Additionally, the bill allows the Nuclear Reg- with the City of Pueblo, Colorado has com- suant to the recently adopted budget resolu- ulatory Commission [NRC] to recover 90 per- pleted 90 percent of the project including fish tion for fiscal year 2006 (H. Con. Res. 95). As cent of its budget authority through licensing habitat structures along a 9-mile section of the the name suggests, this bill provides for the and annual fees, less the appropriation de- river below Pueblo Dam through downtown Nation’s energy and water development rived from the Nuclear Waste Fund. This will Pueblo. This funding would be used to com- needs, with funding for all of the Department recover a projected $581 million in fiscal year plete the project which is an important envi- of Energy, and select activities of the Depart- 2006 with remaining 10 percent, or $65 mil- ronmental restoration project for the project. ments of Defense and the Interior, including lion, funded from the General Fund of the Finally, the Committee also provided a the Corps of Engineers and the Bureau of Treasury. $1.021 million appropriation for the Army Reclamation. While the government’s overall In conclusion, I would like to commend Corps of Engineers to engage in operations energy strategy is now being discussed in a Chairman LEWIS and the Appropriations Com- and maintenance at Trinidad Lake, Colorado;

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10985 this amount represents almost a $100,000 in- struction projects for NNSA. The $55M admin- SIMPSON) having assumed the chair, crease from the FY2005 funding level. Trini- istration request for the Chemistry Matallurgy Mr. GOODLATTE, Chairman of the Com- dad Lake is a multipurpose project for flood Research Replacement (CMRR) Facility at mittee of the Whole House on the State control, irrigation and recreation, and was au- Los Alamos National Laboratory was zeroed of the Union, reported that that Com- thorized by the 1958 Flood Control Act. The out. On the other hand the Highly Enriched mittee, having had under consideration lake is located in southern Colorado on the Uranium Materials Facility Y–12 National Se- the bill (H.R. 2419) making appropria- Purgatoire River, and bordered by the historic curity Complex recommended funding at a tions for energy and water develop- Santa Fe Trail. The dam itself is an earthfill level of $81M, an increase of $11M over the ment for the fiscal year ending Sep- structure 6,860 feet long and 200 feet high, request. The committee’s reasoning zeroing tember 30, 2006, and for other purposes, and constructed with some 8 million cubic ‘‘the CMRR facility should be delayed until the had come to no resolution thereon. yards of earth and rock. Department determines the long-term plan for Each project is an important part of improv- developing the responsive infrastructure re- f ing water related infrastructure. As this bill pro- quired to maintain the Nation’s existing nu- ANNOUNCEMENT BY THE SPEAKER ceeds through the appropriations process, I clear stockpile and support replacement pro- PRO TEMPORE will continue the fight to preserve funding for duction anticipated for the RRW initiative.’’ It is the 3rd District of Colorado. my understanding that this determination will The SPEAKER pro tempore. Pursu- Mrs. WILSON of New Mexico. Mr. Chair- be made by the Secretary of Energy’s Advi- ant to clause 8 of rule XX, the Chair man, I would like to point out certain things sory Board subcommittee which is due to re- will postpone further proceedings about H.R. 2419 that leave me troubled. I am port out in June. The committee claims that its today on the motion to suspend the quite concerned by significant reductions ‘‘recommendation does not prejudge the out- rules on which a recorded vote or the made in critical programs that are necessary come of the SEAB’s subcommittee’s assess- yeas and nays are ordered, or on which for our Nation to maintain a credible long-term ment of the NNSA weapons complex.’’ How- the vote is objected to under clause 6 of nuclear deterrent. The appropriations for the ever, if the committee does not want to pre- rule XX. National Nuclear Security Administration judge the outcome of the SEAB’s study, it Any record vote on the postponed (NNSA) related to weapons activities was would seem more appropriate to only put a question will be taken later today. $6.63B in FY 2005. That amount was reduced hold on the CMRR funds until the SEAB study f to $6.18B by the committee, a reduction of al- has reported its findings. There is consider- most $0.5B, or nearly 10 percent. able use to be made of the CMRR in sup- STEM CELL THERAPEUTIC AND The Advanced Strategic Computing (ASC) porting the general science mission of the lab- RESEARCH ACT OF 2005 Campaign has made great advances over the oratory as well. It is not a facility to only sup- Mr. BARTON of Texas. Mr. Speaker, past 10 years. We are now able to model port manufacturing as the committee sug- I move to suspend the rules and pass things with more fidelity than ever before. This gests. We should not expect our critical nu- the bill (H.R. 2520) to provide for the clear laboratories to be held up to the safety modeling is used to certify the reliability of our collection and maintenance of human and security standard that are set by industry nuclear stockpile without nuclear testing. The cord blood stem cells for the treatment if we do not provide for ways to update sorely ASC Campaign was funded last year at a of patients and research, and to amend needed facilities around the nuclear weapons level of $698M. The administration request for the Public Health Service Act to au- FY06 is only $661M—a reduction of $37M complex. I find particularly troubling the reductions thorize the C.W. Bill Young Cell Trans- over last year’s levels. The administration’s re- plantation Program. quest was further reduced by the appropria- made to and restrictions placed upon the Lab- oratory Directed Research and Development The Clerk read as follows: tions committee from $661M to $501M, cou- H.R. 2520 pled with nearly $22M of earmarks out of the (LDRD) and like programs within DOE. Sec- tion 311 of the Bill limits the amount of LDRD Be it enacted by the Senate and House of Rep- $501M for extraneous projects, results in a resentatives of the United States of America in final budget of less than 70 percent of last funding to $250M. This is in comparison to the $400M in FY2005. This will severely restrict Congress assembled, year’s budget. SECTION 1. SHORT TITLE. These reductions come at the same time we fundamental R&D that is so vital to our DOE complex in meeting the needs of national se- This Act may be cited as the ‘‘Stem Cell are asking our Nation’s nuclear laboratories to Therapeutic and Research Act of 2005’’. recertify our nuclear weapon stockpile with curity. Section 312 of the bill is particularly trouble- SEC. 2. CORD BLOOD INVENTORY. science and computing rather than nuclear some since it subjects funds already subjected (a) IN GENERAL.—The Secretary of Health testing. The committee states that its ‘‘rec- to overhead rates to those same rates yet and Human Services shall enter into one- ommendation recognizes the Department’s in- time contracts with qualified cord blood again. LDRD funds have historically been ability to achieve the promises of Stockpile stem cell banks to assist in the collection used as indirect funds since they are redi- Stewardship effort and redirects ASCI funding and maintenance of 150,000 units of high- rected funds that have in essence already to maintain current life extension production quality human cord blood to be made avail- been taxed by the overhead charges. able for transplantation through the C.W. capabilities pending the initiation of the Reli- Section 313 restricts LDRD funds derived Bill Young Cell Transplantation Program able Replacement Warhead program.’’ One from DOE funded programs to be used only and to carry out the requirements of sub- cannot remove funds from the Advanced Stra- on DOE related research, as if other funded section (b). tegic Computing program to fund the Reliable projects (generally referred to as ‘‘Work for (b) REQUIREMENTS.—The Secretary shall re- Replacement Warhead program—not ex- Others’’ projects) do not help fund the LDRD quire each recipient of a contract under this pected to yield fruit for a number of years— programs. This is in fact not the case. In gen- section— (1) to acquire, tissue-type, test, and expect the labs to continue to certify our eral, all funding for projects at the laboratories stockpile. These programs are not substitutes cryopreserve, and store donated units of help to fund the LDRD programs at equal human cord blood acquired with the in- for each other. rates. The accounting nightmare that would be formed consent of the donor in a manner Once again the committee has removed all created if the installations were forced to keep that complies with applicable Federal and funding for the Robust Nuclear Earth Pene- the funding separate would be particularly on- State regulations; trator Study. This is a worth while study, de- erous and waste even more resources. But (2) to make cord blood units that are col- signed to answer whether or not a nuclear beyond all these arguments, the LDRD pro- lected pursuant to this section or otherwise earth penetrator is even feasible as a means gram is designed expressly to investigate and meet all applicable Federal standards of holding Deeply Buried Hardened Targets basic and applied research that has broad ap- available to transplant centers for stem cell transplantation; (DBHTs) at risk. It is my understanding that plication across the potential customer base. this study will now move to the Department of (3) to make cord blood units that are col- Mr. HOBSON. Mr. Chairman, I yield lected, but not appropriate for clinical use, Defense and outside of the jurisdiction of the back the balance of my time, and I available for peer-reviewed research; Energy and Water Appropriations sub- move that the Committee do now rise. (4) to submit data in a standardized for- committee. The motion was agreed to. mat, as required by the Secretary, for the Inconsistent reductions and increases seem Accordingly, the Committee rose; C.W. Bill Young Cell Transplantation Pro- to have been made to the infrastructure con- and the Speaker pro tempore (Mr. gram; and

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10986 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 (5) to submit data for inclusion in the stem SEC. 3. C.W. BILL YOUNG CELL TRANSPLAN- tion, and the National Institutes of Health.’’; cell therapeutic outcomes database main- TATION PROGRAM. and tained under section 379A of the Public (a) NATIONAL PROGRAM.—Section 379 of the (D) by adding at the end the following: Health Service Act, as amended by this Act. Public Health Service Act (42 U.S.C. 274k) is ‘‘(5) Members of the Advisory Council shall (c) APPLICATION.—To seek to enter into a amended— be chosen so as to ensure objectivity and bal- contract under this section, a qualified cord (1) in the section heading, by striking ‘‘NA- ance and reduce the potential for conflicts of blood stem cell bank shall submit an appli- TIONAL REGISTRY’’ and inserting ‘‘NA- interest. The Secretary shall establish by- cation to the Secretary at such time, in such TIONAL PROGRAM’’; laws and procedures— manner, and containing such information as (2) in subsection (a)— ‘‘(A) to prohibit any member of the Advi- the Secretary may reasonably require. At a (A) in the matter preceding paragraph (1), sory Council who has an employment, gov- minimum, an application for a contract by striking ‘‘The Secretary shall by con- ernance, or financial affiliation with a donor under this section shall include an assurance tract’’ and all that follows through the end center, recruitment group, transplant cen- that the applicant— of such matter and inserting ‘‘The Secretary, ter, or cord blood stem cell bank from par- (1) will participate in the C.W. Bill Young acting through the Administrator of the ticipating in any decision that materially af- Cell Transplantation Program for a period of Health Resources and Services Administra- fects the center, recruitment group, trans- at least 10 years; and tion, shall by one or more contracts estab- plant center, or cord blood stem cell bank; (2) in the event of abandonment of this ac- lish and maintain a C.W. Bill Young Cell and tivity prior to the expiration of such period, Transplantation Program that has the pur- ‘‘(B) to limit the number of members of the will transfer the units collected pursuant to pose of increasing the number of transplants Advisory Council with any such affiliation. this section to another qualified cord blood for recipients suitably matched to bio- ‘‘(6) The Secretary, acting through the Ad- stem cell bank approved by the Secretary to logically unrelated donors of bone marrow visory Council, shall submit to the Con- ensure continued availability of cord blood and cord blood, and that meets the require- gress— units. ments of this section. The Secretary may ‘‘(A) an annual report on the activities car- (d) DURATION OF CONTRACTS.— award a separate contract to perform each of ried out under this section; and (1) IN GENERAL.—The Secretary may not the major functions of the Program de- ‘‘(B) not later than 6 months after the date enter into any contract under this section scribed in paragraphs (1) and (2) of sub- of the enactment of the Stem Cell Thera- for a period that— section (b) if deemed necessary by the Sec- peutic and Research Act of 2005, a report of (A) exceeds 3 years; or retary to operate an effective and efficient recommendations on the scientific factors (B) ends after September 30, 2010. system. The Secretary shall conduct a sepa- necessary to define a cord blood unit as a (2) EXTENSIONS.—Subject to paragraph rate competition for the initial establish- high-quality unit.’’; (1)(B), the Secretary may extend the period ment of the cord blood functions of the Pro- (3) by amending subsection (b) to read as of a contract under this section to exceed a gram. The Program shall be under the gen- follows: period of 3 years if— eral supervision of the Secretary. The Sec- ‘‘(b) FUNCTIONS.— (A) the Secretary finds that 150,000 units of retary shall establish an Advisory Council to ‘‘(1) BONE MARROW FUNCTIONS.—With re- high-quality human cord blood have not yet advise, assist, consult with, and make rec- spect to bone marrow, the Program shall— been collected pursuant to this section; and ommendations to the Secretary on matters ‘‘(A) operate a system for listing, search- (B) the Secretary does not receive an appli- related to the activities carried out by the ing, and facilitating the distribution of bone cation for a contract under this section from Program. The members of the Advisory marrow that is suitably matched to can- any qualified cord blood stem cell bank that Council shall be appointed in accordance didate patients; has not previously entered into a contract with the following:’’; ‘‘(B) carry out a program for the recruit- under this section or the Secretary deter- (B) in paragraph (1), by striking ‘‘except ment of bone marrow donors in accordance mines that the outstanding inventory need that’’ and all that follows and inserting ‘‘ex- with subsection (c), including with respect to cannot be met by the one or more qualified cept that— increasing the representation of racial and cord blood stem cell banks that have sub- ‘‘(A) such limitations shall not apply to ethnic minority groups (including persons of mitted an application for a contract under the Chair of the Advisory Council (or the mixed ancestry) in the enrollment of the this section. Chair-elect) or to the member of the Advi- Program; (e) REGULATIONS.—The Secretary may pro- sory Council who most recently served as the ‘‘(C) maintain and expand medical emer- mulgate regulations to carry out this sec- Chair; and gency contingency response capabilities in tion. ‘‘(B) 1 additional consecutive 2-year term concert with Federal programs for response (f) DEFINITIONS.—In this section: may be served by any member of the Advi- to threats of use of terrorist or military (1) The term ‘‘C.W. Bill Young Cell Trans- sory Council who has no employment, gov- weapons that can damage marrow, such as plantation Program’’ means the C.W. Bill ernance, or financial affiliation with any ionizing radiation or chemical agents con- Young Cell Transplantation Program under donor center, recruitment group, transplant taining mustard, so that the capability of section 379 of the Public Health Service Act, center, or cord blood stem cell bank.’’; supporting patients with marrow damage as amended by this Act. (C) by amending paragraph (4) to read as from disease can be used to support casual- (2) The term ‘‘cord blood donor’’ means a follows: ties with marrow damage; mother who has delivered a baby and con- ‘‘(4) The membership of the Advisory Coun- ‘‘(D) carry out informational and edu- sents to donate the neonatal blood remain- cil— cational activities in accordance with sub- ing in the placenta and umbilical cord after ‘‘(A) shall include as voting members a bal- section (c); separation from the newborn baby. anced number of representatives including ‘‘(E) at least annually update information (3) The term ‘‘human cord blood unit’’ representatives of marrow donor centers and to account for changes in the status of indi- means the neonatal blood collected from the marrow transplant centers, representatives viduals as potential donors of bone marrow; placenta and umbilical cord. of cord blood stem cell banks and partici- ‘‘(F) provide for a system of patient advo- (4) The term ‘‘qualified cord blood stem pating birthing hospitals, recipients of a cacy through the office established under cell bank’’ has the meaning given to that bone marrow transplant and cord blood subsection (d); term in section 379(b) of the Public Health transplants, persons who require such trans- ‘‘(G) provide case management services for Service Act, as amended by this Act. plants, family members of such a recipient any potential donor of bone marrow to whom (5) The term ‘‘Secretary’’ means the Sec- or family members of a patient who has re- the Program has provided a notice that the retary of Health and Human Services. quested the assistance of the Program in potential donor may be suitably matched to (g) AUTHORIZATION OF APPROPRIATIONS.— searching for an unrelated donor of bone a particular patient (which services shall be (1) FISCAL YEAR 2006.—Any amounts appro- marrow or cord blood, persons with expertise provided through a mechanism other than priated to the Secretary for fiscal year 2004 in blood stem cell transplantation including the system of patient advocacy under sub- or 2005 for the purpose of assisting in the col- cord blood, persons with expertise in typing, section (d)), and conduct surveys of donors lection or maintenance of human cord blood matching, and transplant outcome data and potential donors to determine the extent shall remain available to the Secretary until analysis, persons with expertise in the social of satisfaction with such services and to the end of fiscal year 2006 for the purpose of sciences, and members of the general public; identify ways in which the services can be carrying out this section. and improved; (2) SUBSEQUENT FISCAL YEARS.—There are ‘‘(B) shall include as nonvoting members ‘‘(H) with respect to searches for unrelated authorized to be appropriated to the Sec- representatives from the Department of De- donors of bone marrow that are conducted retary $15,000,000 for each of fiscal years 2007, fense Marrow Donor Recruitment and Re- through the system under subparagraph (A), 2008, 2009, and 2010 to carry out this section. search Program operated by the Department collect, analyze, and publish data on the Amounts appropriated pursuant to this para- of the Navy, the Division of Transplantation number and percentage of patients at each of graph shall remain available for obligation of the Health Resources and Services Admin- the various stages of the search process, in- through the end of fiscal year 2010. istration, the Food and Drug Administra- cluding data regarding the furthest stage

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10987 reached, the number and percentage of pa- ‘‘(E) has established a system for encour- give substantial weight to the continued tients who are unable to complete the search aging donation by a genetically diverse safety of donors and patients and other fac- process, and the reasons underlying such cir- group of donors.’’; tors deemed appropriate by the Secretary.’’; cumstances; (4) in subsection (c)— and ‘‘(I) support studies and demonstration and (A) in paragraph (1), by striking ‘‘The Reg- (10) by striking subsection (l). outreach projects for the purpose of increas- istry shall carry out a program for the re- (b) STEM CELL THERAPEUTIC OUTCOMES ing the number of individuals who are will- cruitment’’ and inserting ‘‘With respect to DATABASE.—Section 379A of the Public ing to be marrow donors to ensure a geneti- bone marrow, the Program shall carry out a Health Service Act (42 U.S.C. 274l) is amend- cally diverse donor pool; program for the recruitment’’; ed to read as follows: ‘‘(J) conduct and support research to im- (B) in paragraph (2)(A)— ‘‘SEC. 379A. STEM CELL THERAPEUTIC OUT- prove the availability, efficiency, safety, and (i) in the matter preceding clause (i), by COMES DATABASE. cost of transplants from unrelated donors striking the first sentence and inserting ‘‘In ‘‘(a) ESTABLISHMENT.—The Secretary shall and the effectiveness of Program operations; carrying out the program under paragraph by contract establish and maintain a sci- and (1), the Program shall carry out informa- entific database of information relating to ‘‘(K) assist qualified cord blood stem cell tional and educational activities, in coordi- patients who have been recipients of stem banks in the Program in accordance with nation with organ donation public awareness cell therapeutics product (including bone paragraph (3). campaigns operated through the Department marrow, cord blood, or other such product) Subsections (c) through (e) apply with re- of Health and Human Services, for purposes from a biologically unrelated donor. spect to each entity awarded a contract of recruiting individuals to serve as donors ‘‘(b) INFORMATION.—The outcomes database under this section with respect to bone mar- of bone marrow and shall test and enroll shall include information with respect to pa- row. with the Program potential donors.’’; and tients described in subsection (a), transplant ‘‘(2) CORD BLOOD FUNCTIONS.—With respect (ii) in clause (ii), by striking ‘‘, including procedures, and such other information as to cord blood, the Program shall— providing updates’’; and the Secretary determines to be appropriate, ‘‘(A) operate a system for identifying, (C) in paragraph (3), by striking ‘‘the avail- to conduct an ongoing evaluation of the sci- matching, and facilitating the distribution ability, as a potential treatment option, of entific and clinical status of transplantation of donated cord blood units that are suitably receiving a transplant of bone marrow from involving recipients of bone marrow from matched to candidate patients and meet all an unrelated donor’’ and inserting ‘‘trans- biologically unrelated donors and recipients applicable Federal and State regulations (in- plants from unrelated donors as a treatment of a stem cell therapeutics product. ‘‘(c) ANNUAL REPORT ON PATIENT OUT- cluding informed consent and Food and Drug option and resources for identifying and COMES.—The Secretary shall require the en- Administration regulations) from a qualified evaluating other therapeutic alternatives’’; tity awarded a contract under this section to cord blood stem cell bank; (5) in subsection (d)— submit to the Secretary an annual report ‘‘(B) allow transplant physicians, other ap- (A) in paragraph (1), by striking ‘‘The Reg- concerning patient outcomes with respect to propriate health care professionals, and pa- istry shall’’ and inserting ‘‘With respect to each transplant center, based on data col- tients to search by means of electronic ac- bone marrow, the Program shall’’; lected and maintained by the entity pursu- cess all available cord blood units listed in (B) in paragraph (2)(C), by inserting ‘‘and the Program; ant to this section. assist with information regarding third ‘‘(C) allow transplant physicians and other ‘‘(d) PUBLICLY AVAILABLE DATA.—The out- party payor matters’’ after ‘‘ongoing search appropriate health care professionals to ten- comes database shall make relevant sci- for a donor’’; tatively reserve a cord blood unit for trans- entific information not containing individ- (C) in subparagraphs (C), (D), and (E) of plantation; ually identifiable information available to paragraph (2), by striking the term ‘‘sub- ‘‘(D) support studies and demonstration the public in the form of summaries and data section (b)(1)’’ each place such term appears and outreach projects for the purpose of in- sets to encourage medical research and to and inserting ‘‘subsection (b)(1)(A)’’; creasing cord blood donation to ensure a ge- provide information to transplant programs, (D) in paragraph (2)(F)— netically diverse collection of cord blood physicians, patients, entities awarded a con- (i) by redesignating clause (v) as clause units; and tract under section 379 donor registries, and ‘‘(E) coordinate with the Secretary to (vi); and cord blood stem cell banks.’’. (ii) by inserting after clause (iv) the fol- carry out information and educational ac- (c) DEFINITIONS.—Part I of title III of the tivities for the purpose of increasing cord lowing: Public Health Service Act (42 U.S.C. 274k et blood donation and promoting the avail- ‘‘(v) Information concerning issues that pa- seq.) is amended by inserting after section ability of cord blood units as a transplant tients may face after a transplant regarding 379A the following: option. continuity of care and quality of life.’’; and ‘‘SEC. 379A–1. DEFINITIONS. ‘‘(3) SINGLE POINT OF ACCESS.—If the Sec- (E) in paragraph (3)(B), by striking ‘‘Office ‘‘In this part: retary enters into a contract with more than may’’ and inserting ‘‘Office shall’’; ‘‘(1) The term ‘Advisory Council’ means one entity to perform the functions outlined (6) in the matter preceding paragraph (1) in the advisory council established by the Sec- in this subsection, the Secretary shall estab- subsection (e), by striking ‘‘the Secretary retary under section 379(a)(1). lish procedures to ensure that health care shall’’ and inserting ‘‘with respect to bone ‘‘(2) The term ‘bone marrow’ means the professionals and patients are able to obtain, marrow, the Secretary shall’’; cells found in adult bone marrow and periph- consistent with the functions described in (7) by amending subsection (f) to read as eral blood. paragraphs (1)(A) and (2)(A), cells from adult follows: ‘‘(3) The term ‘outcomes database’ means donors and cord blood units through a single ‘‘(f) COMMENT PROCEDURES.—The Secretary the database established by the Secretary point of access. shall establish and provide information to under section 379A. ‘‘(4) DEFINITION.—The term ‘qualified cord the public on procedures under which the ‘‘(4) The term ‘Program’ means the C.W. blood stem cell bank’ means a cord blood Secretary shall receive and consider com- Bill Young Cell Transplantation Program es- stem cell bank that— ments from interested persons relating to tablished under section 379.’’. ‘‘(A) has obtained all applicable Federal the manner in which the Program is car- (d) AUTHORIZATION OF APPROPRIATIONS.— and State licenses, certifications, registra- rying out the duties of the Program.’’; Section 379B of the Public Health Service tions (including pursuant to the regulations (8) by amending subsection (g) to read as Act (42 U.S.C. 274m) is amended to read as of the Food and Drug Administration), and follows: follows: other authorizations required to operate and ‘‘(g) CONSULTATION.—In developing policies ‘‘SEC. 379B. AUTHORIZATION OF APPROPRIA- maintain a cord blood stem cell bank; affecting the Program, the Secretary shall TIONS. ‘‘(B) has implemented donor screening, consult with the Advisory Council, the De- ‘‘(a) IN GENERAL.—For the purpose of car- cord blood collection practices, and proc- partment of Defense Marrow Donor Recruit- rying out this part, there are authorized to essing methods intended to protect the ment and Research Program operated by the be appropriated $28,000,000 for fiscal year 2006 health and safety of donors and transplant Department of the Navy, and the board of di- and $32,000,000 for each of fiscal years 2007 recipients to improve transplant outcomes, rectors of each entity awarded a contract through 2010. including with respect to the transmission of under this section.’’; ‘‘(b) EMERGENCY CONTINGENCY RESPONSE potentially harmful infections and other dis- (9) in subsection (h)— CAPABILITIES.—In addition to the amounts eases; (A) by striking ‘‘APPLICATION.—’’ and in- authorized to be appropriated under sub- ‘‘(C) is accredited by an accreditation body serting ‘‘CONTRACTS.—’’; section (a), there is authorized to be appro- recognized pursuant to a public process by (B) by striking ‘‘To be eligible’’ and insert- priated $2,000,000 for the maintenance and ex- the Secretary; ing the following: pansion of emergency contingency response ‘‘(D) has established a system of strict con- ‘‘(1) APPLICATION.—To be eligible’’; and capabilities under section 379(b)(1)(C).’’. fidentiality to protect the identity and pri- (C) by adding at the end the following: (e) CONFORMING AMENDMENTS.—Part I of vacy of patients and donors in accordance ‘‘(2) CONSIDERATIONS.—In awarding con- title III of the Public Health Service Act (42 with existing Federal and State law; and tracts under this section, the Secretary shall U.S.C. 274k et seq.) is amended—

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10988 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 (1) in the title heading, by striking ‘‘NA- therapeutic options. Cord blood units ical use to save lives today, the bill TIONAL BONE MARROW DONOR REG- have been shown to be a suitable alter- would also expand the number of cord ISTRY’’ and inserting ‘‘C.W. BILL YOUNG native to adult bone marrow for the blood units available for research. Re- CELL TRANSPLANTATION PROGRAM’’; and treatment of many diseases, including search on adult stem cells holds the po- (2) in section 379, as amended by this sec- tion— sickle cell anemia. This is an espe- tential to develop new cures for many (A) in subsection (a), by striking the term cially important advancement for diseases, as well as to expand our ‘‘board’’ each place such term appears and those Americans who have desperately knowledge of how human beings de- inserting ‘‘Advisory Council’’; searched for a marrow donor but could velop and the body works. (B) in subection (c)— not find a match with even the help of I would also like to make a personal (i) in the matter preceding subparagraph the National Bone Marrow Registry. As aside here. My wife and I are expecting (A) in paragraph (1), by striking ‘‘Such pro- another rich source of stem cells, a a child in September, and we are work- gram’’ and inserting ‘‘Such recruitment pro- cord blood transplant is another ing with the cord blood people as we gram’’; (ii) in paragraph (2), by striking ‘‘program chance at life for many of these pa- speak so that my son, and it is going to under paragraph (1)’’ and inserting ‘‘recruit- tients. be a little boy and we are going to ment program under paragraph (1)’’; and The bill before us today builds on the name him Jack Kevin, that we are (iii) in paragraph (3), by striking ‘‘program critical investments we have made going to save his cord blood so that under paragraph (1)’’ and inserting ‘‘recruit- over the past 2 decades with the Na- some day in the future, if he needs it, ment program under paragraph (1)’’; tional Bone Marrow Registry and re- it will be available. So in this case I (C) in subsection (d)(2)(E), by striking tools this design into a new, more com- can honestly say, in addition to spon- ‘‘Registry program’’ and inserting ‘‘Pro- prehensive stem cell transplantation soring the bill, I am beginning to prac- gram’’; program, which will include not only (D) in subsection (e)— tice what I am preaching today. (i) in the matter preceding paragraph (1), bone marrow but also cord blood units. It is not enough to connect patients by striking ‘‘participating in the program, Through a competitive contracting with lifesaving donors. We also need to including the Registry,’’ and inserting ‘‘par- process, this new program will allow better understand how these patients ticipating in the Program, including’’; and transplant doctors and patients to ac- fair when they receive the transplants. (ii) in paragraph (6), by striking ‘‘the pro- cess information about cord blood The bill would authorize research on gram’’ and inserting ‘‘the Program’’; and units and bone marrow donors, at the the clinical outcomes of patients who (E) by striking the term ‘‘Registry’’ each same time, and I want to emphasize at are recipients of a stem cell thera- place such term appears and inserting ‘‘Pro- the same time, through a single point peutic product, including bone marrow, gram’’. of access. This new program does not cord blood, and other such products, The SPEAKER pro tempore. Pursu- create a preference for either cord from a biologically unrelated donor. It ant to the rule, the gentleman from blood or bone marrow. Instead, it will is my hope that this additional re- Texas (Mr. BARTON) and the gentleman provide comprehensive information search will trigger new scientific from Ohio (Mr. BROWN) each will con- about both sources of stem cells to doc- breakthroughs to enhance and advance trol 20 minutes. The Chair recognizes the gentleman tors and patients and allow them to human life. make the most clinically appropriate This is an important bill that mer- from Texas (Mr. BARTON). choice. ited many hours of negotiation, de- GENERAL LEAVE I want to recognize the gentleman manded the willingness of all those in- Mr. BARTON of Texas. Mr. Speaker, from Florida (Mr. YOUNG) at this time. volved to put the interest of their pa- I ask unanimous consent that all Mem- It was the gentleman from Florida’s tients first. I would like to thank the bers may have 5 legislative days within (Mr. YOUNG) drive, when he was chair- bill’s primary sponsor, the honorable which to revise and extend their re- man of the Committee on Appropria- gentleman from New Jersey (Mr. marks on this legislation and to insert tions, and his steadfast support for the SMITH). I would also like to thank the extraneous material on the bill. The SPEAKER pro tempore. Is there idea of a national registry for bone gentleman from Florida (Mr. YOUNG); objection to the request of the gen- marrow that led to the program’s cre- the House leadership, including the tleman from Texas? ation. The gentleman from Florida’s honorable gentleman from Texas (Mr. There was no objection. (Mr. YOUNG) lifesaving work is evident DELAY); Congressional Black Caucus; Mr. BARTON of Texas. Mr. Speaker, again today in the program’s new de- the gentleman from Michigan (Mr. DIN- I yield myself such time as I may con- sign and goals. I am pleased that Con- GELL), the ranking Democrat on the sume. gress is recognizing his dedication by committee; the gentleman from Ohio Mr. Speaker, I rise in strong support naming this new program the C.W. Bill (Mr. BROWN), the subcommittee rank- of H.R. 2520, the Stem Cell Therapeutic Young Cell Transplantation Program. I ing member who is here to speak on and Research Act of 2005, legislation I do not see the gentleman from Florida the bill; and all of the staff who have have cosponsored along with the honor- (Mr. YOUNG) in the Chamber, but at the labored on this bill. able gentleman from New Jersey (Mr. appropriate time when he does arrive, I Particularly, I would like to thank SMITH), who is in the Chamber. This hope that the body will give him a Cheryl Jaeger, on my left, of my com- would expand the number of stem cell standing ovation for his work in this mittee staff, for all of her efforts. She options available to Americans suf- area. has been tireless in the last several fering from life-threatening diseases. The capacity to search for cord blood months working on this bill. In the last Every year, nearly two-thirds of the units through a national network of few weeks, she has been able to forge a approximately 200,000 patients in need cord blood banks will help facilitate compromise that ultimately was ac- of a bone marrow transplant will not cord blood transplants. We also need to ceptable to all the advocates of both find a marrow donor match within expand the inventory of cord blood bone marrow and cord blood. their families. These patients must units so that more transplants can We will continue to improve the leg- rely on the help of strangers to donate occur. The bill before us today author- islation that moves forward so that bone marrow for a transplant. To assist izes a new grant program to provide pregnant women are informed of all of these patients, Congress established subsidies to cord blood stem cell banks their options with respect to cord blood the National Bone Marrow Registry to to expand the inventory of high-quality donation and the programmatic activi- quickly match donors to patients. cord blood units that will be included ties of the Cell Transplantation Pro- Through this program, Congress made in the new, expanded Cell Transplan- gram are clarified. a significant investment to connect pa- tation Program. I think that number is Mr. Speaker, at the appropriate time, tients with a rich source of stem cells 150,000 units, which is a significant in- I would urge all of my colleagues to that offer immediate clinical benefits. crease. support this bill. It is good legislation, With scientific advances, Congress In addition to expanding the number well thought out, and deserving of ma- must now make changes to reflect new of cord blood units available for clin- jority support.

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THE STEM CELL THERAPEUTIC AND RESEARCH tional Registry. Using the current registry The Administration also applauds the bill’s ACT OF 2005 ESTABLISHES A FOUNDATION FOR as a basis for the new program will ensure effort to facilitate research into the poten- IMPROVING ACCESS TO LIFESAVING CEL- that limited resources are dedicated to in- tial of cord-blood stem cells to advance re- LULAR THERAPY TRANSPLANTS creasing the availability of matches and not generative medicine in an ethical way. Some The National Marrow Donor Program in reinventing new bureaucracies. research indicates that cord blood cells may (NMDP) is pleased that the sponsors of the Although this bill is a step in the right di- have the ability to be differentiated into Stem Cell Therapeutic and Research Act of rection, it is critically important that the other cell types, in ways similar to embry- 2005 have taken a positive step forward to- Program also have the authority to establish onic stem cells, and so present similar poten- criteria and standards that provide trans- ward expanding the long-standing Congres- tial uses but without raising the ethical plant physicians with the assurances they sional commitment to cellular transplant problems involved in the intentional de- need to be confident that when they compare therapies by introducing legislation to con- struction of human embryos. The Adminis- various cord blood units and/or adult donors, tinue Federal support for bone marrow, pe- tration encourages efforts to seek ethical they have the same type of information ripheral blood, and umbilical cord blood ways to pursue stem cell research, and be- about each unit or donor. In addition, the transplantation and research. Through the lieves that—with the appropriate combina- NMDP urges members to recognize that legislation introduced today, they acknowl- tion of responsible policies and innovative transplant patients may encounter other edge the important role Congress has played scientific techniques—this field of research barriers to accessing cellular therapy trans- and must continue to play in ensuring that can advance without violating important plants. The need for assistance in addressing ethical boundaries. H.R. 2520 is an important the more than 14,000 Americans in need of barriers to access should be extended to all these types of transplants have access to step in that direction. recipients of transplants under this program, Mr. Speaker, I reserve the balance of them. regardless of cell source. Physicians and pa- The bill calls for Federal dollars to in- tients must be able to receive all of the serv- my time. crease the number of umbilical cord blood ices necessary for a successful transplant, in- Mr. BROWN of Ohio. Mr. Speaker, I units available for transplant and research. cluding distribution coordination, patient yield myself such time as I may con- Currently, there are 42,000 units available counseling, translation assistance, testing, sume. through the existing National Bone Marrow insurance coordination, and other patient Today, Mr. Speaker, we will consider Donor Registry (National Registry), which advocacy services. We look forward to work- two bills that have significant bearing also lists more than 9 million adult donors ing with the sponsors and the Department of on the future of medicine and medical worldwide. With additional umbilical cord Health and Human Services to strengthen blood units added to this registry, more research in our country. I want to these provisions of the legislation. thank the gentleman from New Jersey Americans who would otherwise not be able The NMDP applauds the sponsors for un- to locate a suitably matched adult donor will dertaking this important public health ini- (Mr. SMITH) and the gentleman from be able to find hope through a cord blood tiative. Through their leadership, thousands Texas (Mr. BARTON) for their work on transplant. The NMDP estimates that with of Americans who might otherwise die will the first of these bills. The Smith-Bar- access to the existing adult donors and units, have access to lifesaving bone marrow, pe- ton legislation reauthorizes the Na- the addition of 150,000 cord blood units listed ripheral blood stem cell, and cord blood tional Bone Marrow Donor Program through the existing registry will provide a transplants. and adds a new national cord blood reg- match for approximately 95 percent of Amer- istry. Cord blood and bone marrow icans. STATEMENT OF ADMINISTRATION POLICY—MAY By designating the existing National Reg- 24, 2005 have several therapeutic uses in com- istry as the C.W. Bill Young Cell Transplan- H.R. 2520—Stem Cell Therapeutic and mon: first and foremost, the treatment tation Program, the sponsors have acknowl- Research Act of 2005 of blood diseases. Coordinating these edged Representative Young’s unwavering (Rep. Smith (R) NJ and 78 cosponsors) two registries makes sense for pa- commitment to the National Registry and The Administration strongly supports tients, for doctors, and for the public its growth. In 1986, Representative Young’s House passage of H.R. 2520, which would fa- health. With this kind of coordinated vision of a single integrated national bone cilitate the use of umbilical-cord-blood stem program, there will be a single entry marrow donor registry became a reality. cells in biomedical research and in the treat- point for transplant doctors and their Since that time, the National Registry has ment of disease. Cord-blood stem cells, col- facilitated more than 21,000 unrelated trans- patients to locate available cord blood lected from the placenta and umbilical cord plants involving cord blood, bone marrow, units. after birth without doing harm to mother or and peripheral blood. It now includes more This bill also increases outreach and child, have been used in the treatment of than 5 million U.S. adult volunteer donors education efforts so that we can amass thousands of patients suffering from more and has links to another 4 million worldwide. than 60 different diseases, including leu- the most diverse possible reserves of As evidence supporting cord blood as a kemia, Fanconi anemia, sickle cell disease, cord blood. It improves data keeping source of the same cells found in bone mar- and thalassemia. Researchers also believe and distribution so that necessary row and peripheral blood has grown, the Na- cord-blood stem cells may have the capacity blood gets to patients as quickly and as tional Registry, operated by the NMDP, has to be differentiated into other cell types, accurately as possible. In addition to expanded to include more than 42,000 cord making them useful in the exploration of blood units through the NMDP’s partnership the therapeutic uses of cord blood, this ethical stem cell therapies for regenerative bill makes cord blood stem cells avail- with 14 of the 20 U.S. public cord blood medicine. banks. We join the sponsors in saluting Rep- H.R. 2520 would increase the publicly avail- able for research purposes. resentative Young’s dedication to helping able inventory of cord-blood stem cells by There is clearly therapeutic potential the thousands of Americans in need of these enabling the Department of Health and in the use of cord blood and adult stem types of transplants. Human Services (HHS) to contract with cells. Some of the most important re- The expansion of the Program will benefit cord-blood banks to assist them in the col- search in this area is taking place in patients most if they are able to access the lection and maintenance of 150,000 cord-blood Ohio, in northeast Ohio, where I call new sources of cells easily and efficiently. stem cell units. This would make matched home, at the National Center for Re- The NMDP supports the intent of the spon- cells available to treat more than 90 percent generative Medicine, a partnership of sors to provide patients and physicians with of patients in need. The bill would also link access to cord blood, bone marrow, and pe- all participating cord-blood banks to a Case Western Reserve University hos- ripheral blood stem cells through a single search network operated under contract with pitals, and the Cleveland Clinic in point of access. To ensure the continued ex- HHS, allowing physicians to search for Cleveland. pansion of cord blood transplants, it is im- matches for their patients quickly and effec- I mentioned we will be considering portant that patients and physicians can tively in one place. The bill also would reau- two bills today that have significant search for all of these sources through a sin- thorize a similar program already in place bearing on the future of medicine. And gle registry, compare each source of cells for for aiding the use of adult bone marrow in it is in the research area that the dis- transplant quickly and efficiently, and ob- medical care. There is now $19 million avail- tinctions between these two bills takes tain the cells once the search process is fin- able to implement the Cord Blood Cell Bank ished. One-stop-shopping to obtain informa- program; the Administration will work with on the greatest significance. tion and logistical support is a critical com- the Congress to evaluate future spending re- b 1230 ponent of the success of transplantation re- quirements for these activities. The bill is gardless of whether adult donors or cord also consistent with the recommendation Smith-Barton focuses on cord-blood blood units are used. The bill recognizes this from the National Academy of Science to and adult stem cell research. In the need by calling for a single point of access create a National Cord Blood Stem Cell Castle-DeGette bipartisan bill, it fo- for these activities to build upon the Na- Bank program. cuses on embryonic stem cell research.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10990 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 That is a critical distinction, and the number of embryos that are destroyed For the first time ever, our bill es- House needs to acknowledge that. in vain. tablishes a nationwide stem cell trans- Cord-blood and adult stem cell re- We will have an opportunity today to plantation system. It also authorizes search are not substitutes for embry- pass two pieces of legislation, both are the national bone marrow transplant onic stem cell research. They are not important, that will deliver hope to pa- system and combines both under a new alternative avenues to the same med- tients whose futures depend on new an- program, providing an easy, single-ac- ical outcomes. Each type of research swers to life and death medical ques- cess point for information for doctors holds unique potential. tions. Our Nation cannot pick and and patients and for the purpose of col- For example, while adult stem cells choose between cord-blood research lecting and analyzing outcomes data. represent an important advance in the and adult stem cell research and em- The new program created in our leg- treatment of blood disorders, these bryonic stem cell research if we want islation is named for our distinguished cells simply do not occur in every tis- to answer all these questions, unless colleague, the gentleman from Florida sue in the body. Because there are no we want to offer hope to some and sym- (Mr. YOUNG), because of all of his great adult stem cells, for example, in the pathy to others. work on bone marrow transplantation pancreas, the potential of adult stem Mr. Speaker, I urge Members to vote over the last 2 decades. cells to develop into therapies for a dis- in favor of both the Smith-Barton bill Mr. Speaker, cord-blood stem cells ease like diabetes is very limited. That and the Castle-DeGette bill. Doing so are already treating and curing pa- is one example of many. will show that what you know and tients. Unlike embryonic stem cell re- Embryonic stem cell, on the other what you believe intersects at the search that has not cured one person, hand, can grow into any type of cell in point where medical progress is har- cord-blood stem cells are treating pa- the body, making potential use of these nessed to alleviate untold human suf- tients. The New York Blood Center, for far more diverse and far more valuable. fering. example, has treated thousands of pa- We should not minimize the impor- Mr. Speaker, I reserve the balance of tients with more than 65 different dis- tance of cord-blood and adult stem cell my time. eases, including sickle cell disease, leu- Mr. BARTON of Texas. Mr. Speaker, research, but by the same token, we kemia and osteoporosis. shouldn’t mislead the public into be- I ask unanimous consent that debate Some of those patients came and told on this motion be extended by 20 min- lieving that if Smith-Barton passes, their stories yesterday at a press con- utes, equally divided between myself the Castle-DeGette bill is unnecessary, ference, and they are in the gallery and the gentleman from Ohio (Mr. because surely it is not. It is irrespon- watching this debate right now. One of BROWN). sible and even dangerous for Members The SPEAKER pro tempore (Mr. those men, a young man named Keonne of this body to distort the value of one Penn was here to tell his story of how SIMPSON). Is there objection to the re- form of research in order to stifle an- quest of the gentleman from Texas? he was cured of sickle cell anemia, and other promising avenue of research. There was no objection. he said, ‘‘If it wasn’t for cord-blood We in this Congress have a responsi- Mr. BARTON of Texas. Mr. Speaker, stem cells, I would probably be dead by bility to support medical research and I yield 5 minutes to the gentleman now. It is a good thing I found a match. to foster its development, as the com- from New Jersey (Mr. SMITH), the origi- It saved my life.’’ mittee of the gentleman from Texas nal author of the bill and my cospon- Stephen Sprague, another man who (Mr. BARTON) committee has done well sor. was cured of leukemia, said he too was over time. Millions of lives have been Mr. SMITH of New Jersey. Mr. lucky to find a cord-blood match. And saved and improved because of the bril- Speaker, I thank my good friend for 22-year-old Jaclyn Albanese, who just liant research conducted in this coun- yielding and for his leadership on this graduated from Rutgers University try. We also have a responsibility to bill and for cosponsoring it, along with from my State, said, ‘‘If the New York speak honestly about that research and the gentleman from Alabama (Mr. blood center had not been there, I do its potential. DAVIS) on the other side of the aisle for not know what kind of shape I would Both sides of this debate owe it to his leadership over the last 3 years as be in.’’ She is thankful as well. the public to draw clear lines between we crafted this legislation. It is finally Mr. Speaker, I say to my colleagues, the beliefs we hold and the facts that on the floor after almost 3 years of cord-blood has also been used to treat hold, regardless of what we believe. work; and again I thank my friend, the Hurler’s disease and Krabbe’s disease, The fact is that cord-blood research, gentleman from Alabama (Mr. DAVIS) both neurological conditions, which adult stem cell research and embryonic for his leadership. blows away the idea that cord-blood stem cell research are not interchange- One of the best kept secrets in Amer- stem cells are limited in the potential able. The fact is, if we invest in all ica today is that umbilical cord-blood and the capacity to turn into other three types of research, we may finally stem cells and adult stem cells are cur- kinds of cells. That is not too sur- be able to find cures for debilitating ing people of a myriad of terrible con- prising, I say to my colleagues, when illnesses, cures that are currently be- ditions and diseases. One of the great- you simply read the published lit- yond our reach. est hopes that I have is that these cur- erature on the flexibility of cord-blood The fact is, if the U.S. withholds rent-day miracles, denied to many be- stem cells. funding for embryonic stem cell re- cause of an insufficient inventory and According to a July 2004 study pub- search, that research will continue, inefficient means of matching cord- lished in the Journal of Experimental just at a significantly slower pace. Peo- blood stem cells with patients, will Medicine, a research group led by Dr. ple that you and I know, they may be now become available to tens of thou- Kogler found ‘‘a new human somatic friends, they may be family members, sands of patients as a direct result of stem cell from placental cord-blood they may be professional colleagues, the Stem Cell Therapeutic and Re- with intrinsic pluripotent differential will suffer and die from potentially search Act of 2005, H.R. 2520. potential,’’ which means it can become curable illnesses while we wait for the Amazingly, we are on the threshold any type of cell in the body. In addi- rest of the world to fill our shoes. of systematically turning medical tion, they found that the cells could Researchers in other nations, re- waste, umbilical cords and placentas, expand to 10 quadrillion, or 10 to the searchers in private institutions in this into medical miracles for huge num- power of 15, cells before losing any country, are pursuing embryonic stem bers of very sick and terminally ill pa- pluripotent abilities. cell research because they know that it tients who suffer from such maladies as And cord-blood stem cells are not is possible to accomplish this research leukemia and sickle cell anemia. And only ahead in treating real human pa- in an ethical manner. Embryonic stem because this legislation promotes cord- tients, they are also able to turn into cell research does not and need not in- blood research as well, we can expect different kinds of cells for research. crease the number of embryos that are new and expanded uses of these very One company has already turned cord- destroyed. Instead, it decreases the versatile stem cells. blood stem cells into representatives of

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10991 three germinal layers, including neural South Korea, France or Great Britain. Mr. BROWN of Ohio. Mr. Speaker, I stem cells, nerve stem cells, liver/pan- By doing so, we will not only diminish yield 3 minutes to the gentleman from creas precursors, skeletal muscle, fat the contributions of Americans, but Alabama (Mr. DAVIS). cells, bone cells and blood vessels. also our ability to shape and impact Mr. DAVIS of Alabama. Mr. Speaker, Last month, Celgene Corporation an- the ethical debate. let me begin by joining the various nounced that cord-blood cells ‘‘are Both bills are an important step in Members of this institution who will ‘pluripotent’, or have the ability to be- harnessing the power of optimism. I speak today and who will urge the pas- come different types of tissue.’’ So we hope we will not ignore this oppor- sage of both of these bills. I certainly are just on the beginning of realizing tunity. cannot speak with the particular pas- the vast potential of what was for- Mr. BARTON of Texas. Mr. Speaker, sion of the gentlewoman from Cali- merly medical waste and has now been I yield 2 minutes to the gentleman fornia (Ms. MATSUI) who has been turned into these medical miracles. from New Jersey (Mr. FERGUSON), a touched by this issue, but this is a very Let me just say to my colleagues member of the Committee on Energy good day for the House of Representa- that this idea that research on bone and Commerce. tives. It is a very good day, because we Mr. FERGUSON. Mr. Speaker, I marrow and cord-blood stem cells has have managed to reach across the par- thank the chairman for yielding me been researched on for decades and tisan divides, I believe twice today, or time. that embryo stem cells have only been Mr. Speaker, today we will hear some we will manage to reach across the par- researched for a short time is ludicrous of our colleagues talk about the empty tisan divide, I believe twice today, to and an unfair attack on cord-blood promise of embryonic stem cell re- pass bills that are good for the Amer- stem cell research. During the entire search. They will argue for research ican people and good for countless period where research has been hap- that not only requires the destruction numbers of Americans who need this pening in this area of regenerative of human life, but to date, has also not research. medicine, the idea that cells can yielded a single therapy. I want to say something about the change types and repair organs, both What we in Congress should be advo- cord blood bill in particular. I have had adult and embryo cells have been cating for is the continuing advance- the honor for 2 years of working with around in animals. And, again, great ment of adult stem cell research, a true the gentleman from New Jersey (Mr. progress has been made in the cord- scientific success story, which has ben- SMITH) on this bill, and I am a Demo- blood and the adult stem cell. My bill efited thousands of Americans already. cratic sponsor on it; and I want to needs to be passed. Perhaps nowhere is this success more thank him for his good work. Mr. BROWN of Ohio. Mr. Speaker, I evident than in the advancement of This bill will make an enormous dif- yield 3 minutes to the gentlewoman cord-blood stem cells. A rich source of ference to the African Americans from California (Ms. MATSUI). stem cells, umbilical cords are already around this country who often struggle Ms. MATSUI. Mr. Speaker, I rise treating patients. Cord-blood stem with blood matches. Cord bloods do not today in support of H.R. 2520, as well as cells have already been used to treat require a blood match. The young man the Stem Cell Research Enhancement thousands of patients and more than 67 that we saw on the Cannon terrace yes- Act, as both bills are part of today’s different diseases, including leukemia, terday who suffered from sickle cell larger debate on stem cell research and sickle cell anemia and lymphoma. The anemia whose life has been perma- the hope being offered with them. New York Blood Center’s National nently transformed by cord blood cell As Samuel Smiles said, ‘‘Hope is the cord-blood program alone has provided technology speaks to the power of this companion of power and the mother of transplants to over 1,500 gravely ill bill. We talk a great deal about health success; for who so hopes has within children and adults. care disparities, and we ought to talk him the gift of miracles.’’ And there is great promise for the fu- about health care disparities in this That is what today’s debate is about, ture. Studies have shown that these country; but rather than talk, this bill because at its core, stem cell research cells have the capacity to change into acts. It actually provides relief for a is about the idea of hope and miracles, other cell types, giving them potential group of people who otherwise would a hope which has become quite per- to treat debilitating conditions such as not have seen it. sonal for me. As you know, my husband Parkinson’s disease, spinal cord injury But I want to talk for just a moment Bob, who worked with all of you for so and diabetes. about the concept of principled dif- many years, suffered from a rare bone The Stem Cell Therapeutic and Re- ference, because I think it is very much marrow disorder. I saw what this dis- search Act focuses government efforts illustrated today. Mr. Speaker, the rea- ease did to him. I saw his life cut short. on research with real promise, pro- son that this cord blood bill made it to And it is my hope that by expanding viding Federal funding to increase the the floor is in large measure because stem cell research, other families will number of cord-blood units available to rather than digging in in opposition to have more than just a hope for a cure match and treat patients. stem cell opposition, as strongly as the The bill also takes on the rec- for this disease, as well as many, many gentleman from New Jersey (Mr. ommendations of the Institute of Medi- others. SMITH) feels about this issue, rather cine, providing a national network that But to be effective, hope and opti- than digging in in opposition, the gen- would link all the cord-blood banks mism need to be based on a possibility. tleman worked with the scientific com- participating in an inventory program This is what we are talking about munity, he worked across the aisle to into a search system, allowing trans- today, whether or not this country will try to find another approach. And as plant physicians to search for cord- close the door on hope on the circumstance has it, both of these ap- blood and bone marrow matches unexplainable, on what is truly a mir- proaches are before us today. through a single-access point. acle. It is clear that by passing this bill If we would somehow as an institu- and the Stem Cell Research Enhance- b 1245 tion learn from his example, if we fig- ment Act we will not be reading arti- It would also promote additional ured out how, rather than digging in cles in next week’s paper that we found stem cell research for units not suit- and deciding how much we disagree the cure for cancer or any other dis- able for transplant. The Stem Cell with each other, what other ways exist, ease, that we hope to be effected. But I Therapeutic and Research Act ad- what ways can we find to work to- feel strongly that the effects of Federal vances true stem cell research, re- gether, we would not have a 34 percent dollars and involvement in stem cell search with real promise, grounded in approval rating as an institution. research will make an unquestionable proven science; and it is ethically The final point that I will make is difference. sound. that I firmly believe that we have all of Our country has been a leader in so I urge my colleagues to join me in our genius and all of our brilliance as a many areas of medicine. Now is not the supporting this important and timely scientific and medical community for a time to cede our role to countries like legislation. very good reason. I think that we are

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10992 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 meant to use it. I am hopeful that all successfully useful in a human model. together of our family. It certainly de- of the technological advances that They do not even have one case. We serves a good marriage. Just as we can- have happened in the last several have thousands of people who have not separate the Pledge and the Flag, years, with cord blood cells and with been treated with adult stem cells and let us unite today and vote unani- stem cells, can make a significant dif- these cord blood treatments. mously on these two outstanding ini- ference. I just want to correct the gentleman tiatives to support American stem cell So to all the Members of this institu- from Alabama. He has implied some of research, and to save lives. tion, I simply urge them and encourage us are against stem cell research. That Mr. Speaker, I rise this morning in support them to vote for both of these bills but, is not the case at all here. We are just of the ‘‘Stem Cell Therapeutic and Research even more importantly, to accept this for ethical stem cell research. Act of 2005.’’ This measure, sponsored by as an example of what happens when Mr. BROWN of Ohio. Mr. Speaker, I CHRISTOPHER H. SMITH, JOE BARTON, and Democrats and Republicans find intel- yield 2 minutes to the gentlewoman ARTUR DAVIS would promote research on a ligent common ground. There will be from Texas (Ms. JACKSON-LEE). type of stem cell, known as an adult stem cell, people who will benefit from this, and I Ms. JACKSON-LEE of Texas. Mr. taken from umbilical cord blood. In addition, do not think it is going too far to say Speaker, I thank the ranking Member the bill creates a new federal program to col- that lives will be saved because of for yielding me this time. lect and store umbilical-cord-blood stem cells, these two bills. Let me thank the sponsors of this and expands the current bone-marrow registry So I thank the gentleman from New legislation, the gentleman from New program. Jersey (Mr. SMITH) for his good work Jersey (Mr. SMITH), the gentleman While I have no objections to the bill, it is and, again, I am honored to be the lead from Texas (Mr. BARTON), the gen- important that no one view H.R. 2520 as a Democratic sponsor of the cord blood tleman from Alabama (Mr. DAVIS), and, substitute for H.R. 810, the ‘‘Stem Cell Re- bill. of course, the gentlewoman from Colo- search Enhancement Act.’’ These are entirely Mr. BARTON of Texas. Mr. Speaker, rado (Ms. DEGETTE) and the gentleman different bills, but both deserve passage. I yield 2 minutes to the distinguished from Delaware (Mr. CASTLE) for the Recent discoveries have convinced sci- gentleman from Florida (Mr. WELDON), second bill, the bills being H.R. 810 and entists that stem cells might eventually be- a doctor, and one of our more thought- H.R. 2520. come the key to treating diseases such as ful Members on this subject and some- Let me just say that separating these Parkinson’s, diabetes, and heart disease. Re- body who has given a lot of time to it. two legislative initiatives would be searchers hope to be able to study stem cells Mr. WELDON of Florida. Mr. Speak- like separating the Flag from the to better understand how diseases develop er, I commend the chairman of the Pledge of Allegiance. It is appropriate and eventually use them to generate tissues Committee on Energy and Commerce to have a marriage today of two very that could replace damaged or diseased tis- and his staff, as well as the gentleman vital and important legislative initia- sues and organs in patients. from New Jersey (Mr. SMITH), for their tives, one dealing with adult stem cell Adult stem cells are unspecialized cells diligent work on bringing this very, research, which is vital and done along found in specialized tissue such as bone mar- very good bill to the floor of the House. ethical lines and will help many in our row or skeletal tissue. Initially, scientists What we are going to be voting for community that have a number of sig- viewed their medical applications as limited in here will help create a banking system nificant diseases; in particular, Alz- what they can become to the cell types from so that if a patient comes in to see me heimer’s and sickle cell anemia. Then, which they were extracted. Recent evidence with a particular illness that is ame- of course, the importance of stem cell has suggested that adult stem cells could pro- nable to treatment with stem cells, I lines and expanding it under Federal vide more flexibility than previously thought, can enter their genetic information in funding is something that we cannot according to the National Institutes of Health. a computer, find a match of cord blood imagine. This legislation would create a new federal that would be kept in a freezer, and ac- Let me tell my colleagues about an program to collect and store umbilical-cord- tually treat the patient. It is really ex- individual that I love and admire in my blood stem cells, and reauthorizes and ex- citing, I have to say. I never thought I community, Reverend M.L. Jackson, pands the current bone marrow registry pro- would live to see the day where we exciting, exuberant, a leader in our gram. I am supportive of this bill because it would be curing sickle cell anemia. community. His family just said that would be of great benefit to African Ameri- And for those of my colleagues who do with all of his leadership and heading cans. This bill has specific language that not know about sickle cell anemia, up ministerial alliances, he has Alz- would diversify the Bone Marrow Banks of this sickle cell is a terrible disease. You get heimer’s. I go home this weekend to nation. This would be of extreme importance these young people, kids, coming in meet with Reverend Jackson and to re- to many African Americans suffering from your office with these horrible, painful count his life with him as he now sees Sickle Cell Anemia. crises where their bones are aching and it. But would it not be wonderful for a As you can see, these are complicated you end up having to give them nar- vibrant and outstanding leader of our issues, but I think we are headed in the right cotics and transfuse them. It stunts community to have an expanded oppor- direction. This bill would help our doctors and their growth, horrible condition. We tunity, as Nancy Reagan argued for, scientists discover new treatments and cures now have 10, 10 kids that have been for President Reagan. for otherwise debilitating and incurable dis- cured of sickle cell anemia. Unless Federal funding for stem cell eases and ailments. For this I must support it. Just yesterday I was flying up here, research is expanded, the United States However, I cannot support this bill without and as I often do, I grabbed some med- stands in real danger of falling behind clarifying that it should not be viewed as an al- ical journals to read on the plane. I was other countries in this promising area ternative to H.R. 810, rather as a complemen- reading the May 19 issue of the New of research. I would mention that the tary force. England Journal of Medicine and, lo National Academy of Sciences recently Mr. BARTON of Texas. Mr. Speaker, and behold, another research article, issued a set of guidelines to ensure that I yield 2 minutes to the gentleman this one on transplantation of umbil- human embryonic stem cell research is from California (Mr. DANIEL E. LUN- ical cord blood in babies with Infantile conducted in a safe and ethical man- GREN). Krabbe’s disease, a rare disease, a ter- ner. Mr. DANIEL E. LUNGREN of Cali- rible disease, the babies die; and this This legislation, the Castle-DeGette fornia. Mr. Speaker, I thank the gen- cord blood study shows if you catch it legislation, H.R. 810, and, of course, the tleman for yielding me this time. early, you can actually cure these kids. fantastic and forward-thinking legisla- I rise in support of H.R. 2520, which I I know there have been a number of tion, H.R. 2520, sponsored by the gen- really view as a noncontroversial, bi- Members coming to the floor talking tleman from Texas (Mr. BARTON), the partisan piece of legislation that we about the embryonic bill that we are gentleman from New Jersey (Mr. should all be able to agree on. I think going to take up later; the embryonic SMITH), and the gentleman from Ala- one speaker a moment ago talked stem cells have never been shown to be bama (Mr. DAVIS), represents a coming about science and our obligation to

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10993 promote science. I would agree with agement and treatment of chronic dis- rived from cord blood only have a blood him, but with this caveat: science tells eases, and inherited ones, like sickle application. That is unmitigated non- us what we can do; science does not tell cell anemia in minorities. sense. It is not true. And I pointed out us what we should do. That is an eth- In September of last year, I hosted in my opening comments that in the ical dimension, and we are called upon one of the first briefings on Capitol Hill Celgene Cellular Therapeutics first re- oftentimes to decide what the ethical about the importance of cord blood. As ported back in 2001 that placental stem thing to do is. discussed then, with additional umbil- cells turned into nerve, blood, car- Here we have a piece of legislation ical cord blood units added to the reg- tilage, skin and muscle cells, and that dealing with an emerging area of istry, more Americans, and minorities since that time other studies have con- science, but one that has already prov- in particular, who would otherwise not firmed cord blood’s pluripotent capa- en itself to be effective in human appli- be able to locate a suitably matched, bility. Surely there needs to be further cation and one that also shows itself to adult transplant donor, will be able to research. be easily obtained, that is, we either find successful treatment and, thus, Mr. BARTON of Texas. Mr. Speaker, throw away umbilical cords, throw hope. With the addition of a possible I yield 2 minutes to a member of the away the umbilical cord and the pla- 150,000 more cord blood units, we will committee, the distinguished gen- centa at the time of birth, or we save be able to potentially match up to 95 tleman from Pennsylvania (Mr. MUR- the blood that can be captured at that percent of Americans. PHY). Mr. MURPHY. Mr. Speaker, I thank time to make it available such that the Earlier this month, the Institute of the chairman for yielding his time. stem cells can be taken from that and Medicine recommended that cord blood You know, you cannot divorce med- utilized in this therapeutic fashion. donors be provided with clear informa- ical research from medical ethics. And This bill would also allow us to do re- tion about their options, including a as such, it is critically important we search with these stem cells. balanced perspective on the different are dealing here with medical facts. There is a tremendous frontier out options of banking. The bill directs the First of all, although many Members there. There is a tremendous frontier Secretary to guarantee that education. and the public and the media seem to that shows tremendous opportunity for But, Mr. Speaker, we need not only get this wrong, the truth is, I believe success. I do not want to overhype it. I cord blood, but adult and embryonic we will have probably close to unani- do not know far it will go, but cer- stem cells as well to provide the full mous support for using Federal dollars tainly it has not gotten the attention complement of this lifesaving therapy. for stem cell research, but it is impor- that needs to be given it. When we talk As this chart shows, unlike human em- tant to understand the different types: about stem cells, we can talk about bryonic stem cells, adult stem cells Adult stem cell, which has much how we obtain the stem cells. We can and stem cells from umbilical cord promise to harvest and grow these, al- do it in several ways. And there is an blood cannot continually reproduce though it has some risk for infections ethical dimension, an ethical dilemma themselves and are unable to form di- and other problems. Some 30,000 people that exists with respect to the second verse, nonblood cell types. The cord have been treated. bill that will be up today. There is no blood stem cells are an important tool Umbilical cord, which is pluripotent. such dilemma that exists with respect for medicine, as I have said before, es- It can be used in multiple ways. Over to this bill. pecially in the treatment of blood dis- 6,000 cases have been treated. We can obtain this in very easy ways, eases; but they are not, they are not a Frozen embryo research, zero. And voluntarily, asking mothers at the substitute for embryonic stem cells. cloning has its own problems with that time their children are born to donate We need both. as well. these units such that others might be So I strongly urge support for H.R. In the area of umbilical cord blood, helped. We have been laggard in our ap- 810, the Stem Cell Enhancement bill of one of the cases, because in my prac- tice, I oftentimes dealt with children proach to this particular area of 2005, and I urge the President to sign with developmental disabilities. One science. Again, I say, where we have no both bills into law. That bill was intro- case of the New England Journal of ethical question, where we have strong duced by the gentlewoman from Colo- Medicine reports 90 percent success support from the scientific community, rado (Ms. DEGETTE) and the gentleman we should do no less than to support rate with Hurley’s syndrome, a devel- from Delaware (Mr. CASTLE), and I opmental disorder, autosomal domi- this bill strongly. commend them for their work as well. Mr. BROWN of Ohio. Mr. Speaker, I nant one, which ends up in severe de- Mr. Speaker, H.R. 810 would allow velopmental delays and death. Those yield 3 minutes to the gentlewoman important research on embryonic stem are incredible results, incredible re- from the Virgin Islands (Mrs. cells to continue. Many of the initial sults that come from looking at the CHRISTENSEN). lines have been contaminated and can- facts of what cord blood stem cell re- Mrs. CHRISTENSEN. Mr. Speaker, I not be used. Further, the bill includes search is about. thank the gentleman for yielding me strong safeguards to protect life and Let us not distort this discussion and this time. against abuse. confuse cord blood and embryonic, be- Mr. Speaker, I rise in strong support I urge my colleagues to support these cause when you are using cord blood, of H.R. 2520, the Stem Cell Therapeutic bills and to join me in urging the Presi- umbilical blood, you are not killing and Research Act of 2005. The gen- dent to sign both bills. Through the en- anyone. You are not limiting or de- tleman from Texas (Chairman BAR- actment of H.R. 2520 and H.R. 810, we stroying a life. You are taking some- TON), the gentleman from Michigan can provide this lifesaving therapy to thing that has been discarded in the (Ranking Member DINGELL), the gen- many who otherwise may not have any normal process of pregnancy and birth. tleman from New Jersey (Mr. SMITH), other option to improve or extend their Let us help support the continuation and the gentleman from Alabama (Mr. lives. They and their families are de- of this vital research which does not DAVIS) are to be applauded for their pending on us. just show promise, but shows demon- leadership and the bipartisan way in strable results. And it does not involve b 1300 which they worked to craft this bill the ending of any life in the process. and bring it to the floor today. Mr. BARTON of Texas. Mr. Speaker, This is where we should continue our I have come to this floor on numer- I yield 15 seconds to the gentleman research. This is where we must con- ous occasions to remind my colleagues from New Jersey (Mr. SMITH), very tinue our work. This is where we must about the health care crisis taking briefly. take our stand today, to continue to place in minority communities. I am Mr. SMITH of New Jersey. Mr. support medical research that is impor- proud to say that while this bill is im- Speaker, I just want to make the point tant. Look also at medical ethics. portant to saving the lives of all Amer- that some misinformation perhaps in- Mr. BROWN of Ohio. Mr. Speaker, icans, it also has the potential to advertently is being spread on this could the Chair inform both sides how eliminate the disparity in pain man- floor, that these stem cells that are de- much time is remaining?

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10994 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 The SPEAKER pro tempore (Mr. President Bush has limited Federal tle/DeGette bill will expand research FLAKE). The gentleman from Ohio (Mr. funding of stem cell research to only on embryonic stem cells, which would BROWN) has 13 minutes. The gentleman those stem cell lines that existed prior have the ability to reproduce indefi- from Texas (Mr. BARTON) has 11 min- to August of 2001. But unfortunately, nitely and to evolve into any cell type utes. only 22 cell lines are available for in the body. Mr. BROWN of Ohio. Mr. Speaker, I study, which prevents scientists from It is this element of embryonic cell yield 3 minutes to the gentleman from having access to important genetic cell research that offers the most hope for New York (Mr. ENGEL), a member of diversity. Simply put, if it continues, finding cures to the diverse set of dis- the Health Subcommittee. that would not be ethical. Please sup- eases that plague too many Americans. Mr. ENGEL. Mr. Speaker, I thank port both bills. We cannot take away that hope by the gentleman from Ohio (Mr. BROWN) Mr. BARTON of Texas. Mr. Speaker, shutting the door on Federal research for yielding time to me. And I rise in I yield 1 minute to the gentleman from on embryonic stem cells. The Presi- support of H.R. 2520, the Stem Cell Georgia (Mr. GINGREY). dent’s policy shut that door, and we Therapeutic and Research Act of 2005. Mr. GINGREY. Mr. Speaker, I rise have lost 4 years of robust research This act, combined with H.R. 810, the today in strong support of the gen- that will be needed to cure the most Stem Cell Research Enhancement Act tleman from New Jersey (Mr. SMITH’s) complex diseases. of 2005, will go a long way towards Stem Cell Therapeutics and Research Opponents of this bill will say that helping millions of Americans who suf- Act of 2005, and commend the gen- the embryonic cell research is fer from debilitating health conditions. tleman for his courageous and prin- unproven, but we will never know the I wholeheartedly support umbilical cipled stand for the sanctity of life. true promise of embryonic stem cells if stem cell research, but also support As a physician Member, I know that we hold back Federal dollars for the re- embryonic stem cell research. As any- significant successes are being reported search. If embryonic stem cell research one who suffers from diabetes, Parkin- from the use of umbilical cord stem gets us even one step closer to curing son’s disease, ALS, or a host of other cells in the treatment of 67 diseases, in- Parkinson’s, spinal cord injury and health problems knows, one possible cluding sickle cell anemia, leukemia, Alzheimer’s, it is worth every penny. treatment is the use of stem cells to osteoporosis and lymphoma. There is Just ask Michael J. Fox, Dana Reeves help regrow the tissues affected by great promise in this research. Umbil- or Nancy Reagan. their ailments. ical cord stem cells, unlike embryonic These tremendous people, as well as Scientists have stated that embry- stem cells can be matched to a recipi- countless more in each of our commu- onic stem cells provide the best oppor- ent by blood type, gender, ethnicity, nities, know what it is like to live tunity for devising unique treatments that results in fewer tissue rejections. every day waiting for your cure. Slam- Compare this to embryonic stem of these serious diseases since, unlike ming the door on stem cell research cells. Aside from the fact that har- adult stem cells, they may be induced slams the door in their faces. vesting embryonic stem cells results in to develop into any type of cell. Adult We talk about using our values to the destruction of innocent life, embry- stem cells are also problematic, as pass legislation to help people. Both onic stem cells are gathered without they are difficult to identify, purify these bills are important to helping knowledge of blood cell type, without and grow, and simply may not exist for people with such terrible illnesses. assurance that they are free from in- This last Saturday I helped my wife’s certain diseased tissues that need to be fection, and without screening for ge- mom move into a nursing home. She replaced. netic defects. These embryonic stem Please understand that I do not dis- was diagnosed with Alzheimer’s in the cells may be mismatched, carry infec- count the promise of adult stem cell re- tion, or have genetic defects with can- mid-1990s. We have watched the pro- search or cord blood research, but I cer-producing potential. gression of that terrible disease. Noth- agree with the National Institutes of There is a better way, Mr. Speaker. ing can help my mother-in-law. But by Health that we must carefully study It is H.R. 2520, which enhances Federal voting today for both these bills, we all types of adult and embryonic stem funding for expanding the already suc- can help maybe the next generation, cells. In their words, ‘‘Given the enor- cessful use of umbilical cord stem cells. instead of sticking our heads in the mous promise of stem cell therapies for When you consider the ethics and the sand. so many devastating diseases, NIH be- science and the debate, it is clear that I urge my colleagues to do the right lieves that it is important to simulta- cord blood stem cells are the right thing for the millions of Americans neously pursue all lines of research.’’ choice for our Federal funding and sci- suffering from incurable diseases. Pass Our loved ones deserve science’s best entific support. both the Castle/DeGette bill and the hope for the future. Mr. BROWN of Ohio. Mr. Speaker, I Smith legislation and keep the hope Now, I want to say something. This is yield 3 minutes to the gentleman from for embryonic cell and cord blood re- not about cloning. I oppose cloning of Texas (Mr. GENE GREEN), an out- search alive. human beings. This is about the use of standing member of the Health Sub- Mr. BARTON of Texas. Mr. Speaker, embryonic stem cells which would have committee. I yield 1 minute to the distinguished been discarded anyway. Mr. GENE GREEN of Texas. Mr. Majority Leader of the great State of I want to repeat that. This is about Speaker, I rise today to support not Texas (Mr. DELAY), Fort Bend County, the use of embryonic stem cells which only H.R. 2520, but also H.R. 810, the Sugarland. would have been discarded anyway. It Castle/DeGette legislation to expand Mr. DELAY. Mr. Speaker, the issue of has been estimated that there are cur- Federal research for embryonic stem human cloning and embryonic stem rently 400,000 frozen IVF embryos, cells. cell research cuts to the very core of which would be destroyed if they are Undoubtedly, each of us on this floor politics. And today the House will hear not donated for research. today has a friend, family member or passionate arguments, essentially I would never condone the donation neighbor who could benefit from in- about the nature and value of human of embryos to science without the in- creased embryonic stem cell research, life. formed, written consent of donors and whether they suffer from spinal cord Now, that debate will be, among strict regulations prohibiting financial injury, Alzheimer’s, MS or juvenile di- other things, controversial, because remuneration for potential donors. Our abetes. As we consider both the Castle/ the proponents of embryo destruction Nation’s scientific research must ad- DeGette stem cell bill and the Smith in the name of progress believe it is not here to the highest ethical standards. legislation on umbilical cord stem the embryo destruction its opponents But it is important that we do embry- cells, it is important we differentiate oppose, but rather progress itself. But onic stem cell research. We are falling between the effects of these two bills. it is not so, and the bill before us now, behind other countries, and this is not I support both of them. But one is the Stem Cell Therapeutic and Re- what ought to be happening. not a substitute for the other. The Cas- search Act proves it.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10995 This bill, which provides for Federal troit Medical Center, is a leader in re- man and the gentleman from New Jer- funding of research using adult stem search. sey (Mr. SMITH) and the gentleman cells which have, unlike embryonic This bill deals with cord research, from Alabama (Mr. DAVIS) for their stem cells, proven medical benefits in umbilical cord research, not controver- leadership. treating more than 60 separate dis- sial. Medical professionals and others What we are doing with this legisla- eases, will pass with the overwhelming support umbilical cord research. tion is that we are celebrating life and support of both sides of this debate. b 1315 we are celebrating science. Our debate Now, this bill, sponsored by the gen- today and this bill, this bill is so very tleman from New Jersey (Mr. SMITH) Umbilical cord research is the cord important because it is not often that will, for the first time, provide for tax- that is separated after a woman deliv- politicians get it right when dealing payer-funded research on well-devel- ers her child. In many instances, 90 with health care or science. I know. As oped stem cells from umbilical cords, percent of the time, those cords are a physician I have seen government in- expand Federal funding in bone marrow displaced and thrown away. What this ject itself in places it ought not go and stem cell research, and provide for the bill will help us do is first of all gather spend countless dollars on fanciful and development of a national stem cell those cords across America to save distorted claims. However, H.R. 2520 therapy database for medical practi- lives, to renew organs, and to continue will save lives and improve the quality tioners and researchers. life as we know it. of life for millions. And I know this be- This is what progress is, Mr. Speaker, So I rise in support of H.R. 2520 as an- cause it will increase the use of a concrete, definable and based on fact, other means for us to prolong life, to science that has already been proven. rather than speculation or a false sense give life, from stem cords, umbilical As a new Member of Congress, I am of hope. cords of women that are heretofore proud to stand before you and lend my The best one can say about embry- thrown out. support to a positive and productive onic stem cell research is that it is a In our community, we are educating piece of legislation that will bring sun- scientific exploration into the poten- women and asking for their permission light to those who have experienced tial benefits of killing human beings. that medical research is able to use the too many clouds, and it will do so in an Proponents of medical research on de- cords, the umbilical cords of the fetus. unquestionable and ethical manner. stroyed human embryos would justify It is new, it is exciting, and it is hap- I commend the gentleman from admittedly unfortunate means with pening all over the world. Our country Texas (Mr. BARTON), the gentleman the potential ends of medical break- is first in medical science; and this act from New Jersey (Mr. SMITH), and the throughs down the line. that we are taking today will continue gentleman from Alabama (Mr. DAVIS) But the deliberate destruction of research and development, healthier for their persistence, their cooperation, unique, living self-integrated human lives and longer lives. and their leadership. persons is not some incidental tangent Support H.R. 2520 and let us bring Mr. BROWN of Ohio. Mr. Speaker, I of embryonic stem cell research. It is America up so that we can save lives, yield 11⁄2 minutes to the gentlewoman the essence of the experiment. Kill prolong lives, and build a real strong from Ohio (Mrs. JONES). some in hopes of saving others. America. Mrs. JONES of Ohio. Mr. Speaker, I The choice, however well inten- Mr. Speaker, I rise to support the ‘‘Stem rise today to lend my voice to the stem tioned, is predicated upon a utilitarian Cell Therapeutic and Research Act’’. cell research debate. As a co-sponsor of view of human life that this bill shows This bill creates a new federal program to H.R. 810, I hope we can expand our our government need not take. The collect and store umbilical cord blood stem scope and benefit of existing stem cell Smith bill will fund the only kind of cells and reauthorize and expands the current lines. H.R. 810 represents another step stem cell research that has ever proven bone marrow registry program. forward in our battle against diseases medically beneficial, while helping to Umbilical cord blood units, typically dis- and illnesses which we have spent bil- develop new and exciting avenues of in- carded at hospitals, can be an unlimited lions of dollars trying to research, quiry, all without harming a single source of stem cells with representation of all treat, and cure. human embryo. races and ethnicities. As the premier medical research Na- This bill is progress, Mr. Speaker, According to the National Marrow Donor tion, we must allow our researchers and represents a perfect contrast to Program (NMDP), African-Americans have and doctors to remain at the top of speculative and harmful methods of only a 30 percent chance of finding a stem their fields of research both inter- embryonic stem cell research. This is cell match within their own families and often nationally and nationally. We must the right stem cell bill, Mr. Speaker. require healthy stem cells from an unrelated support our research institutions as Progress, even progress that pushes individual, typically another African American. they embark on the ethical, expert and the envelope of medical knowledge, Of the NMDP’s registry of donors, only 8 per- very, very necessary trials. need not be controversial. It need not cent are from African-Americans. Federal research restricts federal funding of divide us or force people of goodwill to I support the use of embryonic stem cells, stem cell research to the 78 stem cell lines devalue human life. Progress, in fact, is adult stem cells and cord blood research to that existed prior to Aug. 9, 2001. Mr. Speak- the opposite of such a choice. And the find cures. I urge all of my colleagues to sup- er, H.R. 810 does not usher us into uncharted Smith bill unites the public and pri- port this bill and H.R. 810 ‘‘Stem Cell Re- waters: we are already engaged in both the vate sectors, both doctors and patients, search Enhancement Act’’ introduced by Rep- federal funding and the federal oversight of and recognizes the inherent dignity resentatives MIKE CASTLE and DIANA DEGETTE this research. If we see the benefit to permit- and value of every human person. that would lift Bush’s 2001 ban on the use of ting research on 78, then the argument is not Mr. BROWN of Ohio. Mr. Speaker, I federal dollars for research using any mew embryonic research—but rather numbers. yield 2 minutes to the gentlewoman embryonic stem cell lines. I come from a district where we have from Michigan (Ms. KILPATRICK). All avenues of stem cell research need to perhaps the leading medical research Ms. KILPATRICK of Michigan. Mr. be explored. The current embryonic stem cell institutions. In my district Case West- Speaker, I am a strong supporter of policy must be changed. ern Reserve University, the Cleveland stem cell research. It saves lives, it We can no longer tie the hands of our sci- Clinic, and University Hospital have prolongs life, and it helps unhealthy entists and researchers when millions of lives embarked on a monumental and people remain existent on this earth. are at stake. groundbreaking project to establish I am a diabetic myself, and for the Mr. BARTON of Texas. Mr. Speaker, the National Center for Regenerative last decade I have been working with I yield 1 minute to the gentleman from Medicine. Within the walls of these stem cell research in my own district. Georgia (Mr. PRICE). three institutions lie perhaps some of The Karmanos Cancer Institute, world Mr. PRICE of Georgia. Mr. Speaker, I the most advanced and prolific mem- renowned in our community and in thank the chairman for yielding me bers of the scientific research commu- Michigan, and part of the former De- time. I want to congratulate the chair- nity on regenerative medicine.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10996 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 While this research is basically fo- acterized by the gentleman from New hancement Act, to expand the current cused on adult stem cell and umbilical Jersey’s (Mr. SMITH) bill, and oppose Federal embryonic stem cell policy. cord research, we must continue to H.R. 810, the Castle legislation, that I urge everyone to support this legis- move forward with research in a re- would propose Federal dollars for de- lation and support H.R. 810. sponsible, compassionate, and humane stroying human embryos for embryonic Mr. BROWN of Ohio. Mr. Speaker, I way. We must support the efforts of the stem cell research. reserve the balance of my time. National Institutes of Health as we I can illustrate the difference with Mr. BARTON of Texas. Mr. Speaker, move forward. these two binders. In this one binder I yield 1 minute to the gentlewoman I support the movement towards the there are 67 successful treatments from Pennsylvania (Ms. HART). treatment, research, and cure of dis- using adult stem cells, and stem cells Ms. HART. Mr. Speaker, I rise in sup- eases and illnesses which the use of from cord blood, adult stem cells for port of the legislation to help us have stem cells can alleviate. treatment of diseases. They are all cat- continued success in the funding for re- Mr. BARTON of Texas. Mr. Speaker, egorized here by diseases, successful search for uses for adult stem cells. I yield 1 minute to the gentleman from treatments. From embryonic stem cell Adult stem cells really encompass a Indiana (Mr. PENCE), the distinguished research: zero. number of different kinds. People have leader of the Republican Study Com- The simple fact of the matter is with talked today about cord blood. They mittee. the use of embryonic stem cells the have talked about the bone marrow Mr. PENCE. Mr. Speaker, I thank the only thing that you have today are stem cells. A number of them have al- gentleman for yielding me time. I com- dead embryos and dead laboratory rats ready been used clinically and with mend the gentleman from New Jersey with tumors. They have not worked. much success. I believe it is this Congress’s duty to (Mr. SMITH) for his visionary legisla- They do not work. With adult stem help support that, because certainly we tion, the Stem Cell Research Act. cells you have live patients with treat- will have many people who have bene- There is such enormous promise, Mr. ments. This is the ethical way to go. fited already and additional people in Speaker, in adult stem cell research, This is what we should support. the ethical research that has been Mr. BROWN of Ohio. Mr. Speaker, I the future who can benefit from this under way for decades and has pro- yield myself such time as I may con- kind of research. In fact, the Univer- duced to date treatments to nearly 67 sume. sity of Pittsburgh in my hometown diseases including sickle cell, leu- Mr. Speaker, we wonder, as most just announced about a week or so ago kemia, osteoporosis, just to name a medical scientists wonder, why not that they are doing clinical trials re- few. both kinds of research. We in no way garding the use of bone marrow stem Even last October, a Korean woman want to restrict it to just one or the cells to help reverse chronic heart fail- who had been paralyzed for 19 years other like my friends on the other side ure. I met a gentleman actually who was took a few steps for reporters in Seoul of the aisle. involved in the research, and they with the aid of a walker and ethical Mr. Speaker, I reserve the balance of talked about trials that have already adult cord blood stem cells injected my time. into her spine. Mr. BARTON of Texas. Mr. Speaker, been done in South America that have I just spoke today to a young man in I yield 1 minute to the gentleman from been successful. These are all with my congressional district who was in- adult stem cells. It is important for Delaware (Mr. CASTLE), the distin- jured last Saturday night and now guished Congressman and former Gov- Congress to fund research, but it is es- faces a lifetime in a wheelchair. I can ernor of the first State of our Union. pecially important for this Congress to tell you, having spoken to his parents, Mr. CASTLE. Mr. Speaker, I rise fund responsible research and that is I would do anything to help that brave today in support of H.R. 2520, which es- the research supported on this bill on young man out of that chair. I would tablishes a national cord blood stem adult stem cells. Mr. BROWN of Ohio. Mr. Speaker, do anything except fund the destruc- cell inventory, a cord blood system, how much time remains? tion of human embryos for research. and to reauthorize the National Bone President Kennedy said: ‘‘To lead is The SPEAKER pro tempore. The gen- Marrow Registry. to choose’’ and today Congress will tleman from Ohio (Mr. BROWN) has 4-1⁄2 This is an important piece of legisla- choose and should choose to promote minutes. The gentleman from Texas tion because it addresses a vital need ethical healing by adopting the Stem (Mr. BARTON) has 4 minutes. to establish a publicly coordinated na- Cell Research Act, to prevent the ero- Mr. BROWN of Ohio. Mr. Speaker, I tional umbilical cord blood bank simi- sion of the principle that all human have two remaining speakers. lar to the National Bone Marrow Reg- life, even embryonic human life, is sa- Mr. BARTON of Texas. Mr. Speaker, istry. However, it is important to note cred. I have one speaker remaining, and I that umbilical cord blood cells are a Say ‘‘yes’’ to ethical adult stem cell will close. type of adult stem cells that have been research and ‘‘no’’ to funding the de- Mr. Speaker, I yield 2 minutes to the used only to treat blood disorders like struction of human embryos for sci- gentleman from Florida (Mr. WELDON). leukemia and lymphoma. entific advancement. Mr. WELDON of Florida. Mr. Speak- Mr. BROWN of Ohio. Mr. Speaker, Scientists do not believe that these er, I rise again to set the record how many speakers does the gentleman cord blood stem cells will provide an- straight. swers to diseases like diabetes, Parkin- from Texas (Mr. BARTON) have remain- There have been some people who ing and, Mr. Speaker, who has the son’s, spinal cord injuries, or other have implied there is limited capacity right to close? nonblood-related disorders. for these cord blood stems to be used The SPEAKER pro tempore (Mr. According to Dr. David Shaywitz, an successfully. They have been shown to FLAKE). The gentleman from Texas endocrinologist and stem cell re- be pluripotent. They can become all (Mr. BARTON) has the right to close. searcher at Harvard, it seems ex- different cell types, and they have Mr. BARTON of Texas. Mr. Speaker, tremely unlikely that adult blood cells shown a tremendous amount of plas- I have three willing speakers now and or blood cells from the umbilical cord ticity. more on the way. will be therapeutically useful as a This poster is of a young lady who Mr. BROWN of Ohio. Mr. Speaker, I source of anything else but blood. That was paralyzed for years and had an reserve the balance of my time. is why we must support all forms of adult stem cell transplant. She is able Mr. BARTON of Texas. Mr. Speaker, stem cell research, including embry- to stand up. I yield 1 minute to the gentleman from onic stem cell research, so researchers But I just want to clarify on the cord Pennsylvania (Mr. PITTS), a member of have the greatest chance of discovering blood, it has been used to treat leu- the committee. treatments and cures. That is why I am kemia, adrenoleukodystrophy, Bur- Mr. PITTS. Mr. Speaker, I rise in supporting this legislation as well as kitt’s lymphoma, chronic granuloma- favor of adult stem cell research, char- H.R. 810, the Stem Cell Research En- tous diseases, congenital neutropenia,

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10997 DiGeorge’s syndrome, Fanconi’s ane- should as a Nation do overall in med- blood-forming stem cells that have mia, and these are just some of them, ical research. been used for about a decade to treat Gaucher’s disease. Hodgkin’s disease, So when I hear my friends talk on blood diseases like leukemia and cord blood has been used successfully this, I do not quite get how this will lymphoma. That is great. to treat Hodgkin’s disease; idiopathic expand medical research while closing But it is not either that or H.R. 810, thrombocytopenic purpura, which is a out one whole avenue of medical re- because unlike human embryonic stem really bad disease. I used to see some of search and, at the same time, cutting cells, stem cells from umbilical cord those. Krabbe’s disease I mentioned spending on what we should be doing to blood cannot continually reproduce earlier, that was just in the New Eng- move our country ahead. themselves. Instead of proliferating, land Journal this month. Lymphoma; Mr. BARTON of Texas. Mr. Speaker, they quickly evolve into specialized lymphoproliferative syndrome; I yield 1 minute to the distinguished cells. That is why they have not proven myelofibrosis; neuroblastoma, which is gentleman from the Keystone State of to be useful in some of the early stud- a form of brain tumor which has been Pennsylvania (Mr. WELDON). ies. successfully treated with cord blood. Mr. WELDON of Pennsylvania. Mr. Now, the opponents of H.R. 810 say, Osteopetrosis has been successfully Speaker, this is a difficult issue for me. well, embryonic stem cells have not been used to cure any disease. That is treated. Reticular dysgenesis, severe I am a diabetic. I have diabetes in my because we are in the very promising aplastic anemia. family. I am cochairman of the Con- early stages of that research. And the The list goes on and on. There are 65 gressional Diabetes Caucus. My wife is adult stem cells have been used in their different medical conditions that have a full-time diabetes educator. She has narrow milieu to cure diseases and to spent her entire time as a health care been successfully treated with cord help with diseases that are blood spe- professional educating and working blood. cific. People have mentioned diabetes. Em- with diabetics. Mr. Speaker, I am here to say that bryonic stem cells have not been suc- The gentleman from Delaware (Mr. there is no, no scientific evidence cessfully used to treat diabetes either, CASTLE) and the gentleman from Mas- today that will show that the cord but actually in animal models adult sachusetts (Mr. LANGEVIN) are very blood or the adult stem cells will cure stem cells have been used successfully good friends of mine. I have studied all Alzheimer’s, Parkinson’s, Type 1 diabe- to treat diabetes. I think most of the their information. I have tried to be as tes, or the multitude of other diseases hope and success is in this cord blood. open about this as I possibly can be. that are not blood based. That is why this bill is very, very im- But I can say, Mr. Speaker, that in the Now, some of the opponents of H.R. portant. end it comes down to not eliminating 810 say, well, scientific studies have Mr. BROWN of Ohio. Mr. Speaker, I any type of research, because that is shown adult stem cells to be yield myself 1-1⁄4 minutes. allowable in this country; it is whether pluripotent. Number one, their argu- Mr. Speaker, I would like to share or not we should use Federal funds. ment, their argument is that embry- the words from the President who California is using some $3 billion right onic stem cells have not shown clinical seems to have sent a different message now on what this bill is attempting to application. Guess what? Neither have than my friends on the other side of deal with. adult stem cells been shown clinically the aisle. In the end, Mr. Speaker, this is a to be pluripotent. Furthermore, the President Bush said, ‘‘Most scientists very personal decision. It is one that I studies where there were some indica- believe that research on embryonic agonized over. I am not a medical pro- tions of that were not peer reviewed stem cells offers the most promise be- fessional. I consulted with all four of and, frankly, are rejected by the sci- cause these cells have the potential to my friends who are medical doctors in entific community. develop in all of the tissues in the this Chamber. They have studied medi- Here is a chart. This chart shows ex- body.’’ cine, they understand medical re- actly what embryonic and adult stem I hear my friends on the other side of search, they understand bioethics far cells are good for and, frankly, they are the aisle argue that we really only better than I ever will, and I come good for different things. So let us not need cord blood stem cell research, down on their side. I come down on the muddle the science. If people do not that that will lead us to all that we side of life. want to do embryonic stem cell re- need. I will oppose the bill that is being of- search, they can look in the eye of our fered by my friend, the gentleman from colleague, the gentleman from Massa- b 1330 Delaware (Mr. CASTLE) and my friend, chusetts (Mr. LANGEVIN) and others and And the President said about that, the gentlewoman from Colorado (Ms. say to them, we do not want to do the that ‘‘No adult stem cell has been DEGETTE) and I will support the alter- research that could cure your disease, shown in culture to be pluripotent.’’ native that is being offered by this con- and I challenge them to do that. And he said, ‘‘Embryonic stem cells ference. In conclusion, Curt Civin, M.D., who have the potential to develop into all Mr. BROWN of Ohio. Mr. Speaker, I is a doctor at Johns Hopkins Univer- or nearly all of the tissues in the yield the remainder of my time to the sity School of Medicine and a re- body.’’ gentlewoman from Colorado (Ms. searcher, says ‘‘As a physician-sci- entist who has done research involving I then hear my friends on the other DEGETTE), the sponsor of this bill. umbilical cord stem cells for over 20 side of the aisle talk about research, The SPEAKER pro tempore (Mr. years, I am frequently surprised by the that this is going to lead to so much FORBES). The gentleman from Ohio has thought from nonscientists that core more research. Yet at the same time 31⁄4 minutes remaining. blood stem cells may provide an alter- we have seen no increase, flat-lined Ms. DEGETTE. Mr. Speaker, I do not native to embryonic stem cells for re- spending, budgeting on the National know why this debate has to be either/ search. This is simply wrong.’’ Institutes of Health, something that or, either we are going to cure sickle And it is wrong to say either/or. That many of us, the gentlewoman from Col- cell anemia or we have the potential to is why we should vote ‘‘yes’’ on this orado (Ms. DEGETTE) and many of the cure Type 1 diabetes. Every single bill and H.R. 810. rest of us, have thought we should in- American who suffers from a terrible Mr. BARTON of Texas. Mr. Speaker, crease spending on, medical research disease should have the right to a cure. how much time remains? all across the board in all kinds of med- Now, this bill that we are debating The SPEAKER pro tempore. The gen- ical research. right now, it is a fine bill. I support tleman has 1 minute remaining. Yes, in order to make room for the this bill. I think cord blood research is Mr. BARTON of Texas. Mr. Speaker, President’s tax cuts that have gone important. Like adult stem cells, um- I yield myself the balance of my time, overwhelmingly to the wealthiest in bilical cord stem cells have proven to and I want to thank the majority lead- our country, we have simply cut med- be a source of hematopoietic stem er and the Speaker for bringing these ical research and not done what we cells. Those are the ones that are the two bills to the floor today.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 10998 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 The first vote we will have is on the ing to increase the national inventory of cord less dedicated doctors, patients, families, and cord blood and bone marrow bill, H.R. blood available for transplants and research. research scientists have continued to pioneer 2520. This bill, by itself, is an ex- Their work helps thousands of Americans with new approaches to saving lives using these tremely important advance for those of life-threatening diseases, such as sickle cell blood stem cells from bone marrow and now us that believe you can use medical re- anemia. umbilical cord blood cells. search ethically to help find cures for It is essential that the existing integrated This bill authorizes funding for 5 years to existing disease and enhance human program continue to be able to operate as it continue federal support for bone marrow, pe- life both now and in the future. does today. Physicians and patients must be ripheral blood and umbilical cord blood trans- I am, obviously, as one of the origi- able to search for and obtain support from a plantation and research. With this legislation, nal sponsors of the bill, going to vote single national registry that includes cord transplant doctors and patients will have an for it and encourage all the Members blood, peripheral blood, and bone marrow. enhanced, single point of electronic access to on both sides of the aisle to vote for Physicians should not have to waste time the full array of information on possible bone its. It is a good piece of legislation and, searching multiple cord blood banks and adult marrow matches, as well as matches with by itself, is a major advancement in donor registries or having to coordinate the cord blood units from the new national inven- the state of the art that we have today. further testing and delivery of units. tory which would be created. In a matter of The next debate that we will have is Searching is not the only function that must minutes, physicians can review the options on the Castle-DeGette bill which is an- be integrated. Physicians need to be confident and reserve the best possible sources for their other form of stem cell research, em- that the results of their searches allow them to patients. In addition, the new effort will facili- bryonic stem cell. That issue is much truly compare cord blood units and adult donor tate accreditation of cord blood banks, stimu- more controversial, but on its own information. Thus, the cord blood community late research, and collect and share data on merit that bill itself deserves a serious should work with the National Program to es- the outcomes of all transplants. debate. And while it is not yet time to tablish criteria and standards to ensure con- Last month, at the request of our Appropria- debate that bill, at that time I will an- sistency of the information that is part of the tions Committee direction, the Institute of Med- nounce that I will vote for that bill registry. Finally, it is important that all patients, icine released its report on cord blood and also. not just those who receive a bone marrow or how the inventory should be built and inte- So I hope we can do first things first. peripheral blood stem cell transplants, receive grated into the existing national registry. This Let us pass in a strong bipartisan fash- the patient advocacy and educational services bill before us has been shaped by the guid- ion the Smith-Barton-Young adult cord that the NMDP provides to all the patients it ance provided through the IOM process and blood bone marrow bill, and then go on assists. during the past year-and-a-half a consensus to the next issue. The NMDP already provides physicians and has been building for moving forward to com- Mr. CLAY. Mr. Speaker, I rise today to voice their patients with this type of support. This bill bine our activities in bone marrow and cord my support for the Stem Cell Therapeutics is a step in the right direction because it builds blood. That consensus has formed the basis and Research Act of 2005. As many of my upon the existing registry. We must be careful for this legislation. colleagues have discussed, this bill provides not to waste scarce federal dollars by dupli- Mr. Speaker, this literally is life saving legis- federal support to help cord blood banks col- cating what is already working well. Therefore, lation. Through the efforts of the National Mar- lect and maintain new cord blood units. It’s im- I urge my colleagues to vote in favor of H.R. row Donor Program—which this Congress ini- portant to acknowledge that this bill also reaf- 2520, which provides for an integrated Na- tiated in 1987—many lives have already been firms Congress’s commitment to the National tional Program. saved. To date, the Program has facilitated al- Bone Marrow Donor Registry. Mr. YOUNG of Florida. Mr. Speaker, I rise most 21,000 unrelated transplants involving Established in 1986, the National Registry in strong support of H.R. 2520, which com- bone marrow, cord blood or peripheral blood. has facilitated more than 21,000 lifesaving bines legislation I introduced and passed in That means 21,000 individuals—both children transplants involving cord blood, peripheral the 108th Congress to reauthorize the Na- and adults who are otherwise suffering from blood, and bone marrow. Although we are dis- tional Bone Marrow Registry with legislation by terminal disease—received the gift of life cussing cord blood for the first time today, the my colleague from New Jersey, Mr. SMITH to through this national program. National Marrow Donor Program (NMDP), authorize a federal investment in building an When the program first started, our goal which has operated the National Registry inventory of 150,000 umbilical cord blood was to build a national registry of 250,000 in- since its inception, has already incorporated units. This life-saving bill is good for patients, dividuals willing to donate marrow. Mr. Speak- cord blood into the registry to help patients, good for transplant doctors, good for research- er, we found that the human spirit responded especially minority patients whose genetic di- ers and it represents good policy for our Na- to our efforts in ways that we could not imag- versity often makes it difficult to find a suitably tion. ine. I am proud to say that as of this month, matched adult volunteer donor. Through the I would like to take this opportunity to thank the National Bone Marrow Registry has more NMDP today, individuals in need of a cord many colleagues for bringing this legislation to than 5.6 million potential bone marrow donors blood transplant already have access to the the floor. Let me thank the Chairman of the signed up. In addition, the Program has an ad- largest listing of cord blood units in the United Energy and Commerce Committee, Mr. BAR- ditional 41,666 units of umbilical cord blood in States—more than 42,000 units. In addition, TON for providing the leadership to advance reserve for transplant through its network of the NMDP lists more than 9 million adult vol- this important bill. His commitment to providing 15 affiliated cord blood banks throughout the unteer donors. Today, we celebrate the Na- sound national policy in this area of stem cell country. Total transplants from all sources for tional Registry’s success by acknowledging its transplantation has produced an excellent leg- last year alone exceeded 2500. expanded role in the research and develop- islative design that will benefit thousands of Let me repeat—we have 5.6 million volun- ment of new sources of hematopoietic cells for patients immediately upon enactment. I would teer bone marrow donors signed up in the na- transplant by renaming it the CW Bill Young also like to thank my friend, Mr. SMITH of New tional program. These are true volunteers in Cell Therapies Program. Jersey for his leadership in the area of umbil- every sense of the word. They have given of I am particularly proud of the work of the ical cord blood—an area of rapidly developing their time to take a simple blood test to be list- NMDP, especially its strong support for cord science and opportunity. His legislation from ed in the national registry. For more than blood and because of its partnership with the the previous Congress has provided the 20,000 who have been called upon to donate St. Louis Cord Blood Bank. The St. Louis framework for enhancing our Nation’s ability to bone marrow, they have undergone a rel- Cord Blood Bank is the cornerstone of an ac- provide cord blood units to help save lives. His atively simple surgical procedure to donate tive clinical stem cell transplantation and re- vision on the potential of cord blood has their bone marrow to save the life of a man, search program at Cardinal Glennon Chil- helped make this bill possible today and I woman or child with anyone of more than 85 dren’s Hospital and St. Louis University. thank him for his dedication. different diseases. Another 41,000 women Along with the St. Louis Cord Blood Bank, This legislation builds on the investment have donated umbilical cord blood which can the NMDP partners with 14 of the 20 U.S. made by Congress 18 years ago when we es- be used in the same way as bone marrow, to public cord blood banks. Another 3 are in the tablished a national bone marrow donor pro- transplant life giving cells to cure disease. process of becoming partners. Together, the gram to save the lives of patients with leu- This legislation will provide the funding to NMDP and these cord blood banks are work- kemia and many other blood disorders. Count- greatly increase the number of cord blood

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 10999 units that can be collected and stored. Nine- gram. And we must recognize the dedicated treatments and cures that do not qualify for teen million dollars has already been appro- doctors and medical teams at transplant and federal funds. Ironically, an example of this priated for this purpose over the past two donor centers around the nation who use their process may be found in H.R. 2520; some re- years and this legislation will allow that imme- medical expertise to perform the transplants search indicates that adult stem cells may be diate infusion of funds into building up re- and save lives. Dr. Joanne Kurtzberg, the as useful or more useful to medical science serves of umbilical cord blood. The scientific head transplant doctor at Duke University’s than either embryonic or umbilical cord stem reason for this is clear. Thanks to research, blood bank center, is the epitome of a dedi- cells. In fact, the supporters of embryonic cord blood has now become another very im- cated, caring and highly knowledgeable physi- stem cell research may have a point when portant source for obtaining and transplanting cian who works hard to save lives. We must they question the effectiveness of umbilical the particular cell found in bone marrow and recognize the pioneering cord blood research cord stem cells for medical purposes. Yet, if peripheral blood that can restore health to of Dr. Pablo Rubenstein and Dr. Cladd Ste- H.R. 2520 becomes law, researchers will have those suffering from so many different dis- vens at the New York Blood Center, and Dr. an incentive to turn away from adult stem cell eases. In addition, by building up the cord Claude Lenfant, the former director of the Na- research in order to receive federal funds for blood inventory, the overall resource will be tional Heart, Lung and Blood Institute at NIH umbilical cord stem cell research! much more likely to meet the needs of pa- who initiated the major COBLT study on cord Mr. Speaker, there is no question that H.R. tients from genetically diverse, ethnic popu- blood banking and transplantation. 810 violates basic constitutional principles by lations. It is estimated that adding 150,000 The ultimate true heroes of the national ef- forcing taxpayers to subsidize embryonic stem new cord blood units to the number of existing fort are the patients and donors. Every patient cell research. However, H.R. 2520 also ex- bone marrow donors will provide potential cell who has sought a marrow or cord blood trans- ceeds Congress’s constitutional authority and matches for about 95 percent of all Ameri- plant has helped in the overall effort to gain may even retard effective adult stem cell re- cans. more scientific knowledge on perfecting the search. Therefore, I urge my colleagues to Mr. Speaker, this national effort is a true transplant process. Every patient helps all vote against both H.R. 810 and H.R. 2520. modern miracle and this new legislation will those who will follow. And every donor who Ms. BORDALLO. Mr. Speaker, I rise today reinforce and strengthen the program. Today, has rolled up his or her sleeve to sign up for in support of H.R. 2520, an act that will pro- our National Bone Marrow Program is affili- the national bone marrow program, or every vide for a nationwide umbilical stem cell trans- ated with 156 transplant centers, 82 donor family that has decided to donate umbilical plantation system. Not only does the imple- centers, 15 cord blood banks, 102 transplant cord blood, are heroes for taking part in giving mentation of such a system pave the way for marrow collection centers and 82 Apheresis the ultimate gift of life. numerous potentially life saving medical ad- centers. Of these, 72 are international facili- Mr. Speaker, in closing let me again thank vances, but it builds on an area of study that ties. Chairman BARTON and Mr. SMITH for their has a demonstrated track record of success. Having had the great pleasure to meet with leadership in enhancing this great national Additionally, this legislation reauthorizes the hundreds of donors and patients, I can tell you program. Let me thank every member of this national bone marrow transplant system, that donating bone marrow or cord blood can House for their support for the efforts we start- which has been a great success. be a true life-changing experience. The experi- ed 18 years ago on behalf of patients every- The Twenty-First Century witnessed many ence of giving life to another human being is where. With your support, we will provide great scientific achievements and medical ad- beyond mere words. hope—and a second chance at life—to thou- vances. These advances have helped to cure Mr. Speaker, there are many people who sands of patients today and into the future. or mitigate against a number of formerly ter- have been heroes in this effort and need to be Mr. PAUL. Mr. Speaker, the issue of gov- minal conditions and diseases. One can only recognized for their contributions. The first is a ernment funding of embryonic stem cell re- imagine the possibilities that modern tech- little 10 year old girl who died of leukemia at search is one of the most divisive issues fac- nology and modern research offer, which will All Children’s Hospital in my home district of ing the country. While I sympathize with those yield even greater achievements in the near St. Petersburg 18 years ago. Brandy Bly might who see embryonic stem cell research as pro- and distant future. However, we must also be have been saved from leukemia back in 1987 viding a path to a cure for the dreadful dis- cognizant of ethical standards to ensure that if matched bone marrow or cord blood cells eases that have stricken so many Americans, new technology does not compete with the had been available. It was during her treat- I strongly object to forcing those Americans moral standards of our society. H.R. 2520 is a ment that I first learned from doctors how dif- who believe embryonic stem cell research is good start. ficult it is to find a compatible, unrelated bone immoral to subsidize such research with their Studies have demonstrated that stem cells marrow donor. Her death inspired me, and her tax dollars. found in umbilical cords may be used to re- doctor—Dr. Jerry Barbosa—inspired me to The main question that should concern Con- generate human nerve, blood, cartilage, skin help find a way to build a national bone mar- gress today is does the United States Govern- and muscle cells. Research also demonstrates row program. There were other early medical ment have the constitutional authority to fund that conditions such as leukemia and sickle pioneers, like the late Dr. Robert Goode, Dr. any form of stem cell research. The clear an- cell disease could be cured by more advanced John Hansen and Dr. Donnell Thomas—all swer to that question is no. A proper constitu- umbilical cord stem cell research. Cord blood who helped perfect the science of marrow tional position would reject federal funding for cells are already being used to treat over 67 transplantation and who assisted us in our leg- stem cell research, while allowing the indi- diseases. We need to support this research, islative quest to establish a federal registry. In vidual states and private citizens to decide and creating a nationwide umbilical stem cell the early days, Admiral Elmo Zumwalt, Jr. and whether to permit, ban, or fund this research. transplantation system is an important first Dr. Bob Graves helped find a federal home for Therefore, I will vote against H.R. 810. step to providing scientists with the resources the effort. And I must recognize Navy Captain Unfortunately, many opponents of embry- they need to make advances in this field of Bob Hartzman who first connected us with the onic stem cell research are disregarding the study. This database can also be used to Navy Medical Command to give birth to the Constitution by supporting H.R. 2520, an ‘‘ac- allow potential donors to patients in need of early program. Dr. Hartzman continues to di- ceptable’’ alternative that funds umbilical-cord various types of transplants. rect the military program and is an invaluable stem cell research. While this approach is H.R. 2520 provides a vehicle for promoting scientific leader and advisor. much less objectionable than funding embry- and enhancing promising scientific research in There have been many members of Con- onic stem cell research, it is still unconstitu- the field of umbilical stem cell transplantation. gress, past and present, who have stood to- tional. Therefore, I must also oppose H.R. It certainly meets the highest standards of bio- gether with me over the years to develop and 2520. ethics and has a track record of scientific evi- fund the program that we reauthorize and en- Federal funding of medical research guaran- dence suggesting that investing taxpayer re- hance today. I thank each and every one for tees the politicization of decisions about what sources to promote this field of study will re- your dedication. types of research for what diseases will be sult in positive dividends for the health of our We must recognize the staff and members funded. Thus, scarce resources will be allo- communities. I strongly support H.R. 2520, of the board of the National Marrow Donor cated according to who has the most effective and I encourage my colleagues to vote yes for Program and the Marrow Foundation who lobby rather than allocated on the basis of this important legislation. have volunteered their time to establish and need or even likely success. Federal funding Mr. AKIN. Mr. Speaker, I rise today in sup- grow a finely tuned international registry pro- will also cause researchers to neglect potential port of H.R. 2520, the Stem Cell Therapeutic

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11000 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 and Research Act of 2005. This bill is signifi- The NMDP provides expert advice on the purposes of fertility treatment, and were cant because it would encourage one of the searching the National Registry, coordinates in excess of the clinical need of the individ- most promising, and ethically sound, avenues the testing of cord blood units and adult do- uals seeking such treatment. of medical research in our time: The stem ‘‘(2) Prior to the consideration of embryo nors, ensures that the correct cells are ob- donation and through consultation with the cells within umbilical cord blood. tained and delivered as directed by the physi- individuals seeking fertility treatment, it This is a matter of great interest to me, both cian, and assists patients with insurance, trav- was determined that the embryos would because of the importance of the research el and other needs that arise as part of the never be implanted in a woman and would itself and also because I represent the greater transplant process. otherwise be discarded. St. Louis area, which is home to the St. Louis These programs help doctors focus on car- ‘‘(3) The individuals seeking fertility treat- Cord Blood Bank at Cardinal Glennon Chil- ing for their patients and helps patients and ment donated the embryos with written in- dren’s Hospital. their families focus on what is important—get- formed consent and without receiving any fi- Cord blood has proven successful in treat- nancial or other inducements to make the ting well. donation. ing 67 diseases including sickle cell disease, I salute the NMDP for all it does to help pa- leukemia, osteopetrosis and Diamond ‘‘(c) GUIDELINES.—Not later than 60 days tients, and I am pleased Congress was able to after the date of the enactment of this sec- Blackfan Anemia. Just last year, a North Ko- pass H.R. 2520. tion, the Secretary, in consultation with the rean woman who had been paralyzed for 19 The SPEAKER pro tempore. The Director of NIH, shall issue final guidelines years was seen walking with the assistance of question is on the motion offered by to carry out this section. a walker for the media. Only a month prior she ‘‘(d) REPORTING REQUIREMENTS.—The Sec- the gentleman from Texas (Mr. BAR- had received a cord blood treatment. retary shall annually prepare and submit to This type of extraordinary result dem- TON) that the House suspend the rules the appropriate committees of the Congress onstrates why we should invest in cord blood and pass the bill, H.R. 2520. a report describing the activities carried out The question was taken. under this section during the preceding fiscal stem cells research and treatment. year, and including a description of whether An early pioneer in cord blood collection The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of and to what extent research under sub- and storage, the St. Louis Cord Blood Bank section (a) has been conducted in accordance has amassed the second largest inventory of those present have voted in the affirm- with this section.’’. ative. cord blood in the world and has provided the The SPEAKER pro tempore. Pursu- Mr. SMITH of New Jersey. Mr. second largest number of cord blood units for ant to the order of the House of Mon- Speaker, on that I demand the yeas transplant. I commend the work of centers like day, May 23, 2005, the gentleman from and nays. the one at Cardinal Glennon Children’s Hos- Texas (Mr. BARTON) and the gentle- The yeas and nays were ordered. pital and am pleased to support his important woman from California (Ms. DEGETTE) legislation. The SPEAKER pro tempore. Pursu- each will control 1 hour and 30 min- The men and women at the St. Louis Cord ant to clause 8 of rule XX and the utes. Blood Bank deserve our thanks for their integ- Chair’s prior announcement, further The Chair recognizes the gentleman rity, dedication and commitment to bettering proceedings on this motion will be from Texas (Mr. BARTON). human life through ethical research. The postponed. Mr. BARTON of Texas. Mr. Speaker, promise of adult stem cell research is both f I ask unanimous consent that the gen- substantial and uncontroversial, which is why tleman from Texas (Mr. DELAY) be I urge my colleagues to support H.R. 2520. STEM CELL RESEARCH given 45 minutes of the debate time on Mr. RAMSTAD. Mr. Speaker, I recently ENHANCEMENT ACT OF 2005 the pending bill. joined with nearly all members of this body in Mr. BARTON of Texas. Mr. Speaker, The SPEAKER pro tempore. Without voting for H.R. 2520, the Stem Cell Thera- pursuant to the order of the House of objection, the gentleman from Texas peutic and Research Act. Monday, May 23, 2005, I call up the bill (Mr. DELAY) will control that time. This important piece of public health legisla- (H.R. 810) to amend the Public Health There was no objection. tion will help increase awareness of the possi- Service Act to provide for human em- Mr. BARTON of Texas. Mr. Speaker, bility of using cord blood to improve access to bryonic stem cell research, and ask for I ask unanimous consent that the gen- blood-forming stem cell transplants and re- its immediate consideration. tleman from Delaware (Mr. CASTLE) be search. allowed to control 20 minutes of the re- I also want to take a moment to bring atten- The Clerk read the title of the bill. The text of H.R. 810 is as follows: maining 45 minutes that I currently tion to another aspect of this bill, the reauthor- have control over. ization of the National Bone Marrow Registry. H.R. 810 The SPEAKER pro tempore. Without Since its inception in 1986, the Registry has Be it enacted by the Senate and House of Rep- objection, the gentleman from Dela- enjoyed strong bipartisan support and has resentatives of the United States of America in ware (Mr. CASTLE) will control that been committed to helping people who need a Congress assembled, time. lifesaving marrow or blood cell transplant. SECTION 1. SHORT TITLE. There was no objection. This Act may be cited as the ‘‘Stem Cell The National Marrow Donor Program GENERAL LEAVE (NMDP) has successfully operated the Na- Research Enhancement Act of 2005’’. Mr. BARTON of Texas. Mr. Speaker, tional Bone Marrow Registry through a com- SEC. 2. HUMAN EMBRYONIC STEM CELL RE- I ask unanimous consent that all Mem- petitive contract renewed every 5 years. SEARCH. Part H of title IV of the Public Health bers may have 5 legislative days within The NMDP maintains the largest listing of which to revise and extend their re- volunteer donors and cord blood units in the Service Act (42 U.S.C. 289 et seq.) is amended by inserting after section 498C the following: marks and to insert extraneous mate- world, supports patients and their doctors ‘‘SEC. 498D. HUMAN EMBRYONIC STEM CELL RE- rial on the pending bill. throughout the transplant process and SEARCH. The SPEAKER pro tempore. Is there matches patients with the best marrow donor ‘‘(a) IN GENERAL.—Notwithstanding any objection to the request of the gen- or cord blood unit. other provision of law (including any regula- tleman from Texas? This past November, the NMDP celebrated tion or guidance), the Secretary shall con- There was no objection. an important milestone when it facilitated its duct and support research that utilizes Mr. BARTON of Texas. Mr. Speaker, 20,000th transplant. human embryonic stem cells in accordance I yield myself 5 minutes. The NMDP has worked diligently to increase with this section (regardless of the date on Mr. Speaker, I have a prepared state- the diversity of the National Bone Marrow which the stem cells were derived from a ment I am going to put into the record Registry so that all Americans have access to human embryo) . on this bill, H.R. 810, but I am going to lifesaving blood-forming stem cell transplants ‘‘(b) ETHICAL REQUIREMENTS.—Human em- actually speak from the heart because bryonic stem cells shall be eligible for use in by increasing donations from racial and ethnic any research conducted or supported by the I think that this is a very important minorities and incorporating umbilical cord Secretary if the cells meet each of the fol- issue. blood units as a new source of cells. lowing: Most of the issues that come before The NMDP also provides transplant centers ‘‘(1) The stem cells were derived from this body, there is an automatic posi- with the logistical support patients need from human embryos that have been donated from tion on. It may be the Republican posi- the moment a physician initiates a search. in vitro fertilization clinics, were created for tion, the Democrat position, the Texas

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11001 position, or it could be the committee Now, the President adopted a posi- cell lines, of different genetic variations, than position. And we come to the floor and tion in early 2001 that said the existing are presently eligible to receive Federal sup- we, almost by rote, say what is the par- stem cell lines then in existence could port. ticular position, and that is the way we be federally funded for research. They In addition, the majority of the existing em- vote. thought there were about 78 lines. It bryonic stem cell lines eligible for Federal sup- But every now and then an issue turned out that there were 22 they are port use mouse feeder cells, which will make comes up that is really an issue of con- using, there are 16 that are frozen, and it nearly impossible for these embryonic stem science. It is an issue that deserves to there may be one or two more that cell lines to be adopted in clinical use. For all be thoughtfully considered, debated, might be used. But in any event, none of these reasons, researchers believe that the and decided on its own merit. of those lines that are currently al- current number of embryonic stem cell lines Now, there are many Members today lowed to be used for research purposes will have to be increased. that believe this particular issue is an at the Federal level have been shown to It is difficult to take an ideologically pure po- issue that they feel so strongly about, have that breakthrough stem cell. sition on this issue. President Bush recognized on either side, that this is an easy issue There are 200 adult cells in the body. this on August 9, 2001. On recognizing the for them, it is an automatic issue. The hope of stem cell research, wheth- profound potential benefits of embryonic stem They are going to be for it or against it er it is adult or embryonic, is that we cell research, President Bush permitted for the for very valid reasons. But there are will find that one perfect cell that can first time Federal taxpayer dollars to be spent some of us, and I am in that camp be replicated into any of the other on embryonic stem cell research. today, that believe it is not an easy cells. For my entire career in Congress, I have issue. It is assumed, and it is an assump- been a staunch defender of the culture of life I come to the floor as a 100 percent tion, not a fact, that the plasticity of and opposed all forms of abortion. At the lifetime voting member on prolife the embryonic cell is better and that same time, I believe we have an obligation to issues, minus one vote, in over 21 there is a greater likelihood, although improve existing lives and do what we can to years. On all the votes that the prolife the research has only been done for the make them better in the future. coalition at the State and Federal lev- last 7 or 8 years, that there is a likeli- Today, on this difficult issue, Members will els have scored as scorable votes, my hood there might be a greater poten- need to vote their consciences. My decision to record until this year was 100 percent, tial. And I want to emphasize might be. support this bill was a difficult one, which I and I voted the wrong way on one issue So where I come down is, let us look came to only after much personal struggle and so far this year from the prolife posi- at all the avenues. reflection. My decision was shaped, in part, by tion. So that is not a bad record, 100 the painful experiences of my own family. We b 1345 percent minus one. And after this vote lost my brother Jon in 2000, at the age of 44, today, I am going to be 100 percent We just voted for Smith-Barton- after a long struggle with liver cancer. My fa- minus two. Young. Let us also vote for Castle- ther died after suffering from complications re- Why is that? Well, part of it is per- DeGette and look at all of our re- sulting from diabetes. sonal and part of it deals with trage- sources. That is why I am going to vote Let me tell you for a moment about my dies in my family in the past. My fa- ‘‘yes.’’ brother, Jon. He was younger than me. He ther died of complications of diabetes Mr. Speaker, I rise to manage the time of and his wife, Jennifer, had two children, Jake at the age of 71. My brother, Jon Kevin debate on H.R. 810, legislation designed to and Jace. He was a State district judge in Barton, died of liver cancer at the age expand the number of sources of embryonic Texas. They told Jon he had liver cancer of 44. My first granddaughter, Bryn stem cell lines that may be the subject of fed- when he was just 41 years old. We tried ev- Barton, died in the womb 2 days before erally funded research. The bill is straight- erything and, in fact, his cancer went into re- delivery with complications of the um- forward, yet the policy concerns surrounding mission. The next year, it came back. Jon died bilical cord, which had become this bill are anything but black and white. Be- in just three months short of his 44th birthday. crimped, and she was actually born fore I yield time to my colleagues, I want to I offered to give him part of my liver, but the dead. clarify a few of the following facts. doctors said he was too far-gone and it Maybe the research we are debating What the sponsors of this bill are trying to wouldn’t work. That was five years ago. Jake today could not have helped any of do is create enough lines of embryonic stem is now 15, and Jace is 12. Every time I see those diseases or could not have helped cells to allow basic scientific research to move them and their Mom, I think of Jon and won- my granddaughter, but maybe it could. forward. Many scientists believe that once we der what stem cell research could have done I am also going to vote for Castle- can identify a perfect, undifferentiated stem for our family. DeGette because of the future, not just call, it will lead to significant scientific break- I cannot know the truth with absolute cer- the past. My wife Terri and I are ex- throughs and the discovery of cures for many tainty, but my heart says that my brother and pecting a baby in September, Jack diseases. my father might be with me today if their doc- Kevin Barton, named after her late fa- Currently, there are approximately 22 lines tors had access to treatments from stem cell ther and my late brother, Jon Kevin of embryonic stem cells that are available for research. Their lives were precious to me and Barton. He may come into this world federally funded research. This number is far to our family. I come to my decision on this with some disease. Hopefully not. I below the estimated number of stem cell lines vote because I believe in life, and in the fu- have three children that are already that were thought to exist in August of 2001, ture. If a vote today can save other families alive, Brad, Alison, and Kristin. I have when the President announced his stem cell from losing brothers and fathers, my con- two stepchildren, Lindsay and Cullen. I policy. When President Bush announced that science will not permit any other decision. have three grandchildren that are liv- Federal research dollars could be used for the I fully understand that some will say I am ing, Blake, Brent and Bailey Barton. first time on then existing stem cells, it was just wrong, or blinded by personal emotion. Maybe they will live healthy, produc- believed that there were at least 60 viable Many who disagree with me are my friends, tive lives and they will never need lines of stem cells that could be used for this and I completely respect their views and their some therapeutic breakthrough, but research. For a variety of reasons, not all of advice. They are good people, and good peo- maybe they will. Maybe they will. these potential lines are now available for re- ple with the same facts sometimes come to Now, we just voted for an expansion search. different conclusions. Now, a few others will of cord blood and bone marrow re- We will also eventually need additional em- say that death is simply a part of life. No, it is search, which is a very, very good deal, bryonic stem cell lines to make further sci- not. I do not believe that we can ever accept and it deals with adult stem cells. And entific advances. In recent conversations with that proposition without setting out on an ex- maybe the breakthrough is going to leading stem cell researchers, they indicated traordinary and dangerous path. Life is to be come in adult stem cells. I hope it does. to me that all lines of embryonic stem cells cherished and extended, and death is to be I would love it. But maybe, just maybe, eventually become exhausted. In order to fought and never accepted. it is going to come because of embry- produce clinical therapies, it is likely that re- My father and my brother died because ill- onic stem cells. searchers will also need more embryonic stem nesses took them. If I can do something to

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11002 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 cure illness and thwart death for other fami- ALS, diabetes, spinal cord injury, and But the debate over the legitimacy or lies, I will because I must. Scientists believe many others. But it will take not only the potential of embryonic stem cell that expanded embryonic stem cell research the talent of our scientists, but also research is actually not the point of holds the potential to find cures for diseases the support of our government to real- this debate. We are here simply to de- like cancer or diabetes. It is my hope that sup- ize its full potential. We have a respon- cide whether Congress should take the porting this bill will mean that many other sibility to ensure that this research taxpayer dollars of millions of pro-life American families will never have to endure proceeds, and it does so with ethical Americans and use them to fund the the suffering and loss that my family went safeguards and strict guidelines. By destruction of human embryos for re- through. I believe that my obligation is to help permitting research only on excess em- search. This debate is really not about advance science to make human life better bryos created in the in-vitro fertiliza- whether embryonic stem cell research now and in the future, in a manner that is con- tion process, and by establishing a should be legal. Sadly, embryonic stem sistent with Judeo-Christian ethics. clear, voluntary consent process for do- cell research is completely legal in this As we move forward with debate on this bill, nors, H.R. 810 meets this responsibility. country and has been going on at uni- my only request is that my colleagues try to Stem cell research gives us hope and versities and research facilities for respect one another and the deeply held be- a reason to believe. I believe one day a years. liefs on both sides of this very complex issue. child with diabetes will no longer face The proponents of this legislation do Mr. Speaker, I reserve the balance of a lifetime of painful shots and tests. I not just want to be able to do embry- my time. believe one day families will no longer onic stem cell research. They want me Ms. DEGETTE. Mr. Speaker, I ask watch in agony as a loved one with to pay for it. And like 43 percent of the unanimous consent to yield 35 minutes Parkinson’s or Alzheimer’s gradually American people in a survey just out to the gentleman from Michigan (Mr. declines. And I believe one day I will today, I have a problem with that. STUPAK), and that he be allowed to walk again. You see, I believe that life begins at yield that time. There are few moments in medical conception and that a human embryo The SPEAKER pro tempore (Mr. history when we can clearly identify a is human life. I believe it is morally FORBES). Is there objection to the re- giant step forward in improving count- wrong to create human life to destroy quest of the gentlewoman from Colo- less lives. We saw it with the discovery it for research, and I further believe it rado? of antibiotics and the advent of organ is morally wrong to take the tax dol- There was no objection. transplants. lars of millions of pro-life Americans Mr. Speaker, I believe that adult and Ms. DEGETTE. Mr. Speaker, I yield 3 who believe, as I do, that human life is embryonic stem cell research is an- minutes to the distinguished and cou- sacred, and use it to fund the destruc- other of these great moments. Today rageous gentleman from Rhode Island tion of human embryos for research. we have a historic opportunity to make (Mr. LANGEVIN). This debate then is not really about a difference in the lives of millions of Mr. LANGEVIN. Mr. Speaker, I rise what an embryo is. This debate is Americans and for people around the in strong support of H.R. 810, and I about who we are as a Nation, not will world. I urge my colleagues to vote in want to acknowledge the bipartisan ef- we respect the sanctity of life, but will favor of H.R. 810. fort that has gone into this legislation we respect the deeply held moral be- Mr. DELAY. Mr. Speaker, I yield 3 and the incredible grass roots move- minutes to the gentleman from Indiana liefs of nearly half of the people of this ment that has built support for this Nation who find the destruction of (Mr. PENCE). groundbreaking medical research. It Mr. PENCE. Mr. Speaker, I thank the human embryos for scientific research has been inspirational to see so many majority leader for yielding me this to be morally wrong. Members putting aside politics and time. Despite what is uttered in this debate partisanship to address this issue Mr. Speaker, I rise today in respect- today, I say again, this debate is not which affects the lives of millions of ful opposition to this sincerely con- about whether we should allow re- Americans. ceived, but ill-founded, legislation search. This debate is not about wheth- Mr. Speaker, I am one of those Amer- known as Castle-DeGette, a bill that er we should allow research that in- icans. At age 16, I was an Explorer authorizes the use of Federal tax dol- volves the destruction of human em- Scout in my hometown police station. lars to fund the destruction of human bryos. This debate is about who pays One afternoon, in the police locker embryos for scientific research. for it, and it is my fervent hope and room, a gun accidentally discharged. As we begin this debate, I am con- prayer as we stand at this crossroads The bullet severed my spinal cord, and fident we will hear the supporters of between science and the sanctity of life I have been paralyzed ever since. this bill argue in the name of President that we will choose life. This experience shapes my perspec- Ronald Reagan, that somehow this re- This morning on Capitol Hill I was tive in so many ways. Above all, it has search is consistent with his long-held surrounded by dozens of ‘‘snowflake ba- given me tremendous appreciation and views on the sanctity of life. But it was bies,’’ some 81 children who were born respect for life. My life as a quad- Ronald Reagan who wrote: ‘‘We cannot from frozen embryos, the throw-away riplegic is filled with challenges and diminish the value of one category of material we will hear about today. As obstacles, yet I am grateful for every human, the unborn, without dimin- I spoke over the cries and cooing of minute. This gratitude has become a ishing the value of all human life.’’ those little fragile lives, I could not passion, and it has motivated me to The supporters will also argue that help but think of the ancient text: ‘‘I help create a culture that values and this is a debate between science and have set before you life and Earth, protects life from its beginning to its ideology, that destroying human em- blessings and curses, now choose life so end. bryos for research is necessary to cure that you and your children may live.’’ To me, being pro-life also means a whole host of maladies, from spinal Let this Congress choose life and re- fighting for policies that will eliminate cord injuries to Parkinson’s. But the ject Federal funding for the destruc- pain and suffering and help people facts suggest otherwise. tion of human embryos for research. enjoy longer, healthier lives. And to As Members will hear to date, embry- Mr. STUPAK. Mr. Speaker, I yield me, support for embryonic stem cell re- onic stem cell research has not pro- myself such time as I may consume. search is entirely consistent with that duced a single medical treatment, Mr. Speaker, this debate we are hav- position. What could be more life-af- where ethical adult cell research has ing surrounding H.R. 810, the Stem Cell firming than using what otherwise produced some 67 medical miracles. Research Enhancement Act, is really would be discarded to save, extend, and Physicians on our side of the aisle will one of the most fundamentally impor- improve countless lives? make the case for the ethical alter- tant debates that this body can under- This research offers the opportunity native of adult stem cell research, and take. Regrettably, this discussion will to discover cures and treatments for Congress today has already voted to only last a few hours on the floor of the diseases like Parkinson’s, Alzheimer’s, greatly expand funding in this area. House of Representatives today.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11003 There have been no hearings on this on the use of a filibuster in our democ- cell research, then we as representa- bill or on the previous stem cell bill. racy. Because of this debate, a healthy tives of the American people should H.R. 810 addresses the most funda- discussion occurred in America. I, for have the courage to state unequivo- mental, basic, ethical issue: life, and one, do not wish to avoid the moral and cally where we stand and answer the when does it begin; when should life, ethical issues of stem cell research de- ethical questions presented before us including human embryos, be open to bate. here today. As elected leaders, we experimentation and scientific re- Yesterday in a news show, the com- should set some basic guidelines, not search. mentator asked me why not allow stem leave the guidelines to unelected and Those of us who believe in the sanc- cell research on discarded medical unnamed administrative officials. tity of life from conception to our last waste. Is that what we have come to, to I know many Members on both sides breath, find the logic of the proponents viewing embryos, which if allowed to of the aisle, of all political philoso- of embryonic stem cell research flawed. grow and divide would become human phies, have struggled with questions of H.R. 810 allows research and science to beings, being treated as medical waste? morality, questions of life and ques- triumph philosophy and values. Why are proponents of H.R. 810 so ada- tions of faith this past week. Many of This country seeks to be a world mant that we do research specifically us have asked ourselves that same leader militarily, economically and sci- using embryonic stem cells? According question, and I have concluded that entifically, and culturally. But what to the proponents of this legislation, this legislation is unethical and unnec- about morally and ethically? What these stem cells are our best hope of essary. about leading the world in ethics and finding cures. They can develop into all H.R. 810 mandates Federal tax dollars morals by declaring human life off lim- cells of the body. They say medical to be used to destroy human embryos. its to research and to manipulation science can unlock the keys to life. We These embryos, if allowed to live, through stem cell research? What can cure any disease or injury. They would grow into beautiful children like about leading the world in ethics and argue we must create life and then kill the snowflake children visiting the morals by declaring human life from it to unlock the mysteries of life for Capitol today. They are human life. embryonic stage to old age as valued? scientific medical research. You, I and they were embryonic stem We, as a Nation, believe that all life is Create and clone the building blocks cells that were allowed to grow. precious and there is an ethical line of life so we can manipulate and exper- Congress should not take lightly the that we as a people, as a Nation, will iment? Is that the line we wish to cross destruction and manipulation of not cross. today? We will hear today about other human life. It is clear that the Amer- We should lead by declaring that research with adult stem cells, cord ican public does not. Forty-three per- human life, even at the embryonic cent of the American public clearly op- stage, is not open to manipulation, ex- and placenta cells, bone marrow, fetal tissue, and unraveling our DNA poses more Federal funding for human perimentation, or research. We cannot embryonic research. Fifty-three per- mask the efforts to manipulate human through mapping of genome, all in the cent clearly support more Federal life under the guise of science or med- pursuit of finding medical cures for the dreaded diseases, illnesses, and injuries funding, according to CNN. ical research. As I said before, this legislation has You and I, each of us, we all share we all wish to cure. But where do we no limits as to how long the embryo one thing in common: we were all em- draw the line on medical research and can grow. The National Academy of bryos at one time. The embryos that say we as a Nation, we as a people will Sciences’ guidelines recommends al- were you and me were allowed to grow not cross that line? This question has to become Congressmen, Congress- not been adequately addressed in this lowing them to grow for no more than women, police officers, factory work- legislation. 14 days. Again, this legislation is not nec- ers, soldiers, government employees, When do embryos become life? If you essary. Human embryonic stem cell re- lawyers, doctors, scientists. We were read the materials, after 40 hours, less all embryos at one time. We were all than 2 days, the fertilized egg begins to search is completely legal today in the allowed to grow. Whether an embryo, a divide and the embryos are checked private sector. Embryonic stem cell re- human life, is or is not allowed to after 40 hours. Or is it 5 days when em- search is eligible for State funding in grow, to become a unique individual, is bryos are called blastocysts? At this several States, California and New Jer- a discussion this country really should stage there are approximately 250 cells. sey, and is funded through millions of have, a meaningful discussion, not just Or do we allow the blastocysts to sur- dollars in private research money, $100 a few hours of debate in this Chamber. vive in a laboratory culture for up to 14 million alone at Harvard University. It is my hope that families, individ- days and still not call them human life Since August 2001, 128 stem cell lines uals, couples and our children will have but blastocysts so they are still open have been created. And still human em- a discussion on human life and when it to research and experimentation? bryonic stem cell research is funded by the Federal Government today. The begins. Is an embryo life? At what b 1400 point does an embryo become life? At National Institute of Health spent $24 what point does our Nation shelter life When does life become scientifically million on embryonic stem cell re- with the constitutional, legal, and gov- nonexistent? search in fiscal year 2004, the last year ernmental safeguards? Are there other I ask these questions because H.R. 810 that data was available. Twenty-two ways to do promising medical and sci- is silent on these issues. It does not human embryonic stem cell lines are entific research without destroying specify how long these embryos are al- currently receiving Federal funding. human embryos? lowed to grow before they are killed— These lines are sufficient for basic re- This is an ethical discussion I hoped 2 days, 5 days, 14 days or more. Pro- search according to the NIH director. would take place in the Halls of Con- ponents of H.R. 810 will claim that Former Secretary of Health and gress, in the congressional committee their legislation will address the eth- Human Services Tommy Thompson has rooms, in homes and workplaces all ical manner in which this research will said that these lines should be ex- across America. Whether it is at the be conducted. Yet their legislation is hausted first before we move any fur- watercooler or in the cloakroom, these silent on the ethics, other than sub- ther. ethical and moral issues should and section C that directs the Secretary of Finally, embryonic stem cell re- must be discussed as a Nation, as a HHS to create guidelines within 60 search remains unproven. Not a single people, as a culture, and as a world days. therapy has been developed from em- leader. Instead, this will only be dis- Two presidential bioethics advisory bryonic stem cell research. Instead of cussed for a few hours on the House panels have given us differing guidance cures, embryonic stem cell research floor. on when and how research should be has led to tumors and deaths in animal The other body has just gone through conducted. If this Nation, through its studies. The gentleman from Florida public, political, and senatorial debate elected leaders, allows embryonic stem (Mr. WELDON) has had his staff scour

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11004 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 the medical journals for real proof of third of them have some kind of a dis- I have been in public office for over 30 therapeutic benefit of embryonic stem ease that might be able to be benefited years and throughout my career, I—just like all cell research, but has come up empty by embryonic stem cell research. of you—have had the opportunity to change handed. There have been zero published That is true of the figures in the and improve public policy so this country may treatments in human patients using country. We have 110 million people continue to flourish on the principles it was embryonic stem cells. who have illnesses out of the 290 mil- founded. And the 820,000 people I represent While the promise of embryonic stem lion people who are living here. They in the State of Delaware are a constant re- cells is questionable, the promise of have visited my office. They have vis- minder to me of this responsibility. I am their adult stem cell research is being real- ited your offices. There is not a person voice in the Congress of the United States. ized today. Adult stem cells are being in this room who has not had many, Some of you may be wondering why I have used today to save lives. Recognizing many visits by people who have very, become so interested and involved in embry- this, the National Institutes of Health very serious needs, whose lives are onic stem cell research. And frankly, the an- spent $568 million in fiscal year 2006 on going to be shortened. swer is simple—those 800,000 constituents. adult stem cell research. Adult stem I am all for the first bill we debated We estimated that about one-half of all visits cells are being used today in clinical today because I think it might help to my office are about health care and about trials and in clinical practice to treat somewhat, but I have also looked at one-half of those visits are by Delawareans 58 diseases, including Parkinson’s, spi- some statistics and I have come to re- who are suffering themselves or whose family nal cord injury, juvenile diabetes, brain alize that of the 15 leading diseases, members are suffering—from juvenile diabe- cancer, breast cancer, lymphoma, heart adult stem cells cannot do anything tes, Alzheimer’s, cancer, Parkinson’s, HIV and damage, rheumatoid arthritis, juvenile about 14 of them and can do a only lit- hosts of other dredge diseases. Year by year arthritis, stroke, and sickle cell ane- tle bit about heart diseases as they the groups would grow in number and soon mia. deal with only blood diseases in terms we would have to get bigger rooms for our I am pleased the House is passing leg- of what they can do. Embryonic stem meetings. islation today, the Stem Cell Thera- cell research has the ability, perhaps, In the early years we would discuss the ne- peutic and Research Act, to promote to do much more than that. cessity of funding the National Institutes of adult stem cell research. But we are People are going to get up and they Health, and I was proud to be able to support faced now with a bill that is unethical are going to say, well, it hasn’t done Newt Gingrich and the Republican Party’s and incomplete. H.R. 810 says nothing anything yet. They were only discov- drive to double funding for the NIH. And that funding has gone toward the basic science about human cloning, which is still ered about 61⁄2 years ago. If you read perfectly legal today. I introduced leg- the vast body of research in the United needed to find cures and treatments to our islation with the gentleman from Flor- States of America on this subject by most debilitating diseases. But in the past few years, the number one topic on these groups’ ida (Mr. WELDON) and Senators BROWN- people who are truly knowledgeable, minds was embryonic stem cell research. BACK and LANDRIEU to ban all human you are going to learn there is more One little girl stands out in mind. I met her cloning. The inevitable truth is that if potential here than anything that has a few months ago at an event back in Dela- ever happened in medicine in the his- we pass this bill today, the cloning of a ware. Olivia was two months old when she tory of the United States of America. human baby will only come sooner. was diagnosed with type 1 diabetes. Her par- Congress should never, ever turn its There is no room for shades of gray on ents were first time parents so it is no wonder back on this opportunity. this issue. The, quote, therapeutic that the practice of testing her blood sugar How are we going to get there? How cloning that will result from this legis- and giving her insulin shots was extremely are we going to do embryonic stem cell lation will make reproductive cloning heartbreaking. Olivia is now 6 and has never research? I do not have time to go even more likely. known life without diabetes. She is the person through the whole in vitro fertilization We should not allow the creation of we are fighting for on the floor today. life for the purpose of destroying it. process except to say that we create She is one of 110 million people who are That is what happens with this bill. embryos in that particular process. suffering that may be helped by stem cell re- Let me be clear. I am committed to They are then frozen. They are gen- search. funding scientific research that will erally used and well used, the 400,000 I remember very clearly the difficult decision unlock the origins of disease and de- embryos which are out there, to help President Bush made on August 9, 2001 and velop cures that can help my constitu- give birth to people who might not oth- I know how careful he was to balance the ents. Again, 58 conditions are being erwise be able to have a child. But at needs of science with his own moral concerns. treated using placental and adult stem the end of the process, a decision is At the time, the compromise—to allow Federal cells, and we cannot begin to imagine made by the individuals that may be funding for research on embryonic stem cells the promising new treatments and involved with that. If the decision is lines that had already been derived—seemed drugs on the horizon. But we cannot let they no longer want that particular quite reasonable. But as we know, unfortu- science leapfrog our ethics, our morals embryo, they may do a variety of nately, the number of lines eligible for re- and our legal system. This is not a par- things with it. They may, as has been search—once as high as 78—is now only at tisan issue, and it is bigger than a discussed here, give it up for adoption. 22, with the NIH saying the number of lines right-to-life issue. They may decide to have it discarded will never get above 23. It is clear that adult stem cell re- as hospital waste. That is where the So when DIANA DEGETTE and I began dis- search has opened the door to the vast, almost all of them actually go as cussing how to expand the President’s policy dreams of lifesaving treatments and hospital waste. in an ethical manner, I went right back to the cures for our most deadly and debili- We want to give them the oppor- speech he gave to the Nation in 2001. We tating diseases, but I do not believe it tunity to say, within that embryo wanted to be as consistent as possible with is time to open the door to more em- there are stem cells which could help the ethics he laid out in his speech as we bryonic stem cell research and open other people live better lives and give worked to update the policy. The legislation the floodgates to human cloning. them the opportunity to be able, in- we are going to vote on today, H.R. 810, the I urge my colleagues to vote against stead of having it put in a bag for hos- Stem Cell Research Enhancement Act, which H.R. 810. pital waste, sitting at that table, to be has the backing of the medical groups, the Mr. Speaker, I reserve the balance of put over here, and the State to be able scientists, the research universities and the my time. to do the research. That is what we patient advocacy groups, mirrors the Presi- Mr. CASTLE. Mr. Speaker, I yield need to do. We need to be able to de- dent’s ethical requirements. myself 2 minutes. velop that as rapidly as we possibly can I will read them to you and ask that you Mr. Speaker, just speaking to the for the benefit of all mankind. think about them very closely: Members perhaps back in the offices Mr. Speaker, I rise today in support of H.R. (1) Embryos used to derive stem cells were listening, I have 820,000 constituents in 810, the Stem Cell Research Enhancement originally created for fertility treatment pur- Delaware, and probably more than a Act. poses and are in excess of clinical need;

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11005 (2) The individuals seeking fertility treat- search only addresses one. Adult stem cells want to save life. We are this close to ments for whom the embryos were created have been around since the 1960s. Embryonic stopping juvenile diabetes. There are have determined that the embryos will not be stem cells were only isolated in 1998. We other embryos that are tainted so bad implanted in a woman and will otherwise be must explore research on all types of stem that you would not implant those and discarded; and, cells, but the reality is the only policy that is they want to study those so that they (3) The individuals for whom the embryos restricted is the Federal embryonic stem cell can stop those childhood diseases. But were created have provided written consent policy. you cannot look a child in the eye for embryo donation and without receiving fi- The NIH is the right place to oversee this when the only chance they have to live nancial inducement. You may ask what is dif- research because it can regulate the ethics, it is this research. ferent—we simply lift the arbitrary August 9, provides for scientific collaboration and peer Ms. DEGETTE. Mr. Speaker, I am 2001 date. review and promotes publication so all break- very pleased to yield 2 minutes to the It is also critical that we are clear about throughs are reported and all scientists have distinguished gentleman from Arkan- what this legislation does not do: access to the latest research discoveries. sas (Mr. SNYDER). (1) No federal funding for the destruction of Without NIH oversight there are no guidelines Mr. SNYDER. Mr. Speaker, this is a embryos or human life. This is prohibited by as to how this research should be conducted. grand and glorious debate we are hav- law. The United States has always been the pre- ing today. Think of what we are doing. (2) No federal funding for the creation of mier leader in biomedical research in our We are debating the best route for embryos for research. country and around the world. As science con- achieving wonderful, healing medical Under our legislation it is up to the couple tinues to move rapidly forward, we need to possibility, possibility that would have to decide what should happen to their em- continue to lead the way but we are not. Why been unheard of not many years ago. bryos. Embryos can be adopted or donated; should we waste one more year, one more But it is only possibility. By definition, embryos can be frozen for future family build- day, forcing millions to suffer because of a good research is always about possi- ing; embryos can be discarded. After that ini- policy that is outdated and unworkable. bility, about the potential of finding tial decision is made, and if a couple decides Does this Congress really want to look back the answers to that which we do not to discard the embryos, our legislation would 10 years from now and say that we were the know. allow those couples to make a second ones holding the treatments up? Or do we Let me share three perspectives with choice—do they want to donate them to re- want to be the Congress that says, we back you today. First, that of a friend. This search? science, we want research to flourish and we is a picture of a family I know. The An embryo or blastocyst is about 250 cells played a small role in making that happen. mother, father and I trained together and the inner cell mass is about 100 cells and Support H.R. 810, the Stem Cell Research at the medical school in Arkansas. She that is where the stem cells come from. They Enhancement Act and accelerate hope. was diagnosed with insulin dependent are created in a petri dish, are about 5 days Mr. BARTON of Texas. Mr. Speaker, diabetes at age 7. She had early com- old and are the size of a pine head. Of the I yield 1 minute to the gentleman from plications with retinal problems caused 400,000 frozen embryos in in vitro fertilization California (Mr. CUNNINGHAM). by the diabetes. Her husband is a doc- clinics throughout the U.S., about 2 percent Mr. CASTLE. Mr. Speaker, I yield 1 tor. Five years ago he had an accident are discarded annually—that is about 8,000— minute to the gentleman from Cali- and now has paralysis caused by spinal 11,000 embryos that could be slated for re- fornia (Mr. CUNNINGHAM). cord injury at the C7–T1 level. This The SPEAKER pro tempore (Mr. search. Allowing the option of donating these family has hope, realistic hope that LAHOOD). The gentleman from Cali- excess embryos to research is similar to do- sometime in the many years of life fornia is recognized for 2 minutes. nating organs for organ transplantation in ahead of them, medical research may Mr. CUNNINGHAM. Mr. Speaker, a order to save or improve the quality of another give them the possibility of cure or family invests their embryos. They are person’s life. dramatic improvement in her diabetes not going to save them for 1,000 years. The bottom line is when a couple has de- and his spinal cord injury. Some of those embryos cryogenically cided to discard their excess embryos they are Second, as a family doctor, I prac- deteriorate so they are going to discard either going to be discarded as medical waste ticed medicine. My patients and I re- those embryos. Others are just thrown or they can be donated for research. Through- lied on past research done by many down the toilet because someone does out this debate you will hear about adult stem good scientists striving in an ethical not want them anymore. manner to end the harsh realities of so cells and more about umbilical cord cells and Those are the embryos that we can how these types of cells are sufficient for sci- many diseases. I know some of my use for stem cell research, only the friends in opposition to this bill today entists. ones that are going to be thrown away. This is simply not true. Umbilical cord cells argue that embryonic stem cell re- If there are 400,000, then we will use are adult stem cells and they are limited. search is junk science. I do not share Adult and umbilical cord cells are already 400,000. If there are only 10, we will use this view, but to those of you pon- differentiated into the types of cells they are, 10 unless they can be adopted, which I dering this view today I say, let our they are difficult to harvest and grow and they also support in this bill. gifted researchers, not us legislators, People say that there has been no re- do not exist for every tissue type. On the other answer the unanswered scientific ques- search. If you take a look in animals, hand, embryonic stem cells are ‘‘master tions for us. Funded ethical research is they have actually saved spinal cords cells’’—they have the potential to grow into not junk science. Premature conclu- in animals, in heart, in Alzheimer’s, any type of cell in the body, they are easier to sion is. but they just have not done it in hu- Third, as patients, my wife and I identify, isolate, purify and grow and they are mans. There is potential, both for adult have ventured into the world of fer- capable of continual reproduction. and embryonic stem cell. tility clinics. We have met doctors and Listen to what the NIH has to say on this I have been here 15 years and I am 100 nurses all working hard to help couples topic: percent prolife, 100 percent. This is an have families, and we have studied and Human embryonic stem cells are thought issue of life to me. prayed over the patient consent forms. to have much greater developmental poten- I had a 6-year-old in the committee tial than adult stem cells. This means that The ultimate decision on what happens embryonic stem cells may be pluripotent— that said, Duke, you’re the only person to unneeded embryos should be up to that is, able to give rise to cells found in all who can save my life. Do you have a that fully informed family, and fully tissues of the embryo except for germ cells child with diabetes? Do you have a informed consent is part of this bill. rather than being merely multipotent—re- child with other diseases that could be I support this bill today. I do not stricted to specific subpopulations of cell prevented? Then you would support know what, if anything, will come from types, as adult stem cells are thought to be. this. I am for life and I am for the qual- this funded research. That is why we do In 2003, 1.6 million people died of heart dis- ity of life, but I do not want another 6- the research. ease, cancer, diabetes, Alzheimer’s, kidney year-old to die. Please vote ‘‘yes’’ for this bill. disease, liver disease and Parkinson’s. Of the I opposed the California bill. It went Mr. DELAY. Mr. Speaker, I yield 1 15 leading causes of death, adult stem cell re- too far. I do not support cloning, but I minute to the gentleman from Georgia

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(Mr. PRICE), a physician for 25 years in port their research? Why are we cur- the lead. California is at the forefront Georgia and a member of the faculty at tailing scientific progress in America of establishing a robust embryonic Emory University. while scientists in other countries rap- stem cell research program. New Jer- Mr. PRICE of Georgia. Mr. Speaker, idly seize the opportunity inherent in sey has followed suit, and seven other as a physician, I know that respected advancing this research? States are in the process of doing so. scientists believe that misrepresenta- H.R. 810 creates strong new safe- We do not want our stem cell research tions and exaggerated claims in this guards and guidelines concerning re- policies left to the vagaries of State debate are not only scientifically irre- search on human embryonic stem cells. electoral politics. The Federal Govern- sponsible, they are deceptive and cruel Strict criteria, including written in- ment in general, and NIH in particular, to millions of patients and their fami- formed consent for donation, must be must be involved. The less NIH is in- lies who hope desperately for cures. met before Federal researchers can de- volved with its time-tested methods It seems to me that there is one un- rive and culture new stem cell lines. and procedures, the less we are assured mistakable fact. Many in our society Some Members on the other side of of good ethical guidelines and sci- have sincere, heartfelt, passionate, eth- this debate say their constituents are entific methods will be followed. In- ical questions, worthy of our respect, opposed to their Federal tax dollars stead, we will have more and more in- regarding the scientific or medical use being used on this groundbreaking dividual States attempting to set up of embryonic stem cells. If our goal is science. Well, I have constituents as their own regulatory schemes, some- truly to cure diseases and help pa- well, like young Jessie Alswager of thing they may or may not be equipped tients, science tells us that today the Madison, Wisconsin. Jessie has juvenile to do. use of adult and cord stem cells has diabetes, and every year he comes to Opponents argue that it is the prod- successfully treated or holds real po- Washington to lobby for this research uct of a utilitarian world view, that tential for treating nearly 60 diseases. to move us closer to a cure. Jessie is somehow this is a zero-sum game, if The same cannot be said for embryonic only 8; so I do not think he pays taxes the Members will, in which life is stem cells, and adult stem cells carry yet; but his mom, Michelle, sure does. taken in order to give life. I think the none of the ethical questions or di- And Michelle, like millions of other strictures that are established by H.R. lemma of embryonic stem cells. Americans who could be helped by this 810 negate that argument. Under this I support stem cell research, active, science, very much want their tax dol- bill, Federal research will proceed aggressive and scientifically based, lars spent on stem cell research. using those embryos not used in fer- with respect for the difficult ethical I urge support of the Castle-DeGette tility clinics, embryos voluntarily questions we face today. I urge my col- bill. given that would otherwise be de- leagues to join me in respecting Mr. DELAY. Mr. Speaker, I yield 1 stroyed, that is, embryos that held the science, in respecting ethical concerns. minute to the gentleman from Iowa promise of life but are certain not to fulfill that promise. What we are doing If we do, we will recognize that stem (Mr. KING). is extending the potential life where cell research and treatment of disease Mr. KING of Iowa. Mr. Speaker, I otherwise there would be none. should actively proceed with those thank the leader for yielding me this time. I urge passage of H.R. 810. adult and cord stem cells that are pro- Mr. BARTON of Texas. Mr. Speaker, viding and will increasingly provide ex- I ask myself this question: If we are I yield 21⁄2 minutes to the gentlewoman going to deal with this debate on em- cellent and exciting cures for patients from California (Mrs. BONO), a member bryonic stem cell research, what are in need. of the committee. the ethics of this? One can go to Google b 1415 Mrs. BONO. Mr. Speaker, I rise in and do a Google search on permissible strong support of H.R. 810. I would like Mr. CASTLE. Mr. Speaker, I reserve medical experiments. And I did that, to thank the chairman for all of his the balance of my time. and I found that there is a list of 10 work in bringing this bill to the floor, Mr. BARTON of Texas. Mr. Speaker, things that have to be qualifiers for and I would like to thank my leader- I reserve the balance of my time. permissible medical experiments on ship for allowing a vote on this impor- Ms. DEGETTE. Mr. Speaker, I yield 2 human beings. One is the subject must tant legislation. minutes to the gentlewoman from Wis- be a volunteer. The second one is there As Representatives, we are in the consin (Ms. BALDWIN), who has been a must be no alternative. The third one unique position to frequently meet wonderful help on this bill. is results of animal experimentation with a wide cross-section of people, Ms. BALDWIN. Mr. Speaker, I am must be proven successful prior to many of whom are suffering from de- fortunate to represent the University their experiments. The net result in bilitating diseases, injuries, and ail- of Wisconsin, Madison, where Dr. death or disability cannot be accepted. ments. These millions of patients, as Jamie Thompson and his team were The seventh one is there cannot be well as their loved ones, have a clear the first to derive and culture human even a remote possibility of injury, dis- message for policymakers: we support embryonic stem cells in a lab. These ability, or death. The human subject this research and we need their help. cells can be described as the parent must be at liberty to end the experi- Opponents of this bill have argued cells of all tissues in the body. Embry- ment. And the likely result cannot be that we should not use Federal funds to onic stem cells open the possibility of injury, disability, or death. The excep- pay for embryonic stem cell research. I dramatic new medical treatments, tion is if a physician wants to experi- respectfully disagree. The issue at hand transplantation therapies, and cures. ment upon himself. is allowing for more pristine stem cell But at 9 p.m. on August 9, 2001, the Where do I find this information, Mr. lines to be eligible for research. Sci- hope and promise of this embryonic Speaker? I find this information in the entists and researchers throughout the stem cell research was greatly cur- military tribunals under Control Coun- United States are constantly remind- tailed. President Bush declared that re- cil Law No. 10, October, 1946, Nurem- ing us that the focus needs to be on the searchers who received Federal funding berg. quality of the stem cell lines available could work only with embryonic stem Mr. STUPAK. Mr. Speaker, I reserve which are eligible for Federal research. cell lines created before that date and the balance of my time. I would also like to state that there is time. There were supposed to be 78 Mr. CASTLE. Mr. Speaker, I yield 1 no funding for the derivation of the lines that were eligible for federally minute to the gentleman from Virginia lines and the lines must be ethically in funded research. However, due to age, (Mr. TOM DAVIS). accordance with the principles the old technologies, contamination, only Mr. TOM DAVIS of Virginia. Mr. President has laid out in his policy. We 22 are useful for research today. Speaker, we need to remember that are undoubtedly slowing research Mr. Speaker, why are we tying the embryonic stem cell research is legal. progress by forbidding researchers from hands of our scientists who receive NIH In the absence of the Federal Govern- using Federal funds to conduct re- grants or other Federal dollars to sup- ment, the States are already taking search.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11007 Former First Lady Nancy Reagan has Most scientists agree that embryonic But 22 cell lines are currently uti- said about embryonic stem cell re- stem cell research offers the greatest lized. There are an additional 31 cell search: ‘‘Science has presented us with hope to patients like Clara. There are lines available, per Dr. Zerhouni’s tes- a hope called stem cell research, which limitations on the usefulness of adult timony before our committee, that will may provide our scientists with many stem cells when compared to embry- be developed after the issue of animal answers that for so long have been be- onic stem cells. For example, there are growth medium becomes overcome. yond our grasp. I just don’t see how we no adult stem cells in the pancreas. And there are two papers out this past can turn our backs on this. We have That means that adult stem cell re- week that indicate that that date may lost so much time already. I just really search will be inadequate in helping be quickly upon us. can’t bear to lose any more.’’ Clara or any other patients who are pa- Mr. Speaker, I think it is important We all know that the impetus for tients hoping for a cure for diabetes. that we follow the money in this de- Nancy Reagan was the battle that her While it is important to continue bate. The reality is if there are indeed husband, President Ronald Reagan, working with adult stem cells, it is a third of the population of the United fought with Alzheimer’s disease. The also vital to fund the research funding States who would benefit from this re- former first lady is not alone. Over 4.5 embryonic stem cells. We do a grave search, I believe that the big biotech million Americans are affected by Alz- disservice to millions of children and money would be jumping into this. We heimer’s. I am encouraged by sci- adults living with serious illness, as would not be able to keep them out. entists’ claims that embryonic stem well as the millions who will develop They would be buying patents and cap- cells will allow for more research on these conditions in the future, by pro- turing cell lines for their future use. Alzheimer’s, including the possibility hibiting promising research. This bill If there is one thing we learned in the that they may be used to grow new will lift these arbitrary restrictions last Presidential election, it was that brain cells to replace the brain tissue and permit funding of cell lines regard- both major candidates asserted that destroyed by the disease. less of where they were created. Fed- life begins at conception, and we are Dana Reeves, the widow of actor and eral funding guidelines assure that re- talking about taking a life. Remember activist Christopher Reeves, sat with search will meet ethical standards and that that inner cell mass that we are me less than 2 months ago and shared allow advancements to be made as talking about that is taken at about 2 her family’s devastating story. The po- quickly as possible. As Steven weeks of development, if we put that tential for turning the hope for spinal Teitelbaum of Washington University on a timeline of a human pregnancy, cord injury into reality is evident, and in St. Louis said, ‘‘This is not a contest about 5 days later we are going to see I believe that by passing this legisla- between adult and embryonic stem a heartbeat on a sonogram. tion we can clear the way for research cells. This is a contest between us as a So, Mr. Speaker, this is what the de- to move forward. society and disease.’’ bate is all about. I urge us to protect Dana and Nancy are just two of the I hope my colleagues will vote ‘‘yes’’ life and vote against this bill. more visible faces of public figures who on this bipartisan legislation. Mr. STUPAK. Mr. Speaker, I yield 6 have asked for this research. Mr. DELAY. Mr. Speaker, I yield 11⁄2 minutes to the gentlewoman from Ohio Mr. Speaker, I implore my colleagues minutes to the gentleman from Texas (Ms. KAPTUR). to please support this legislation, H.R. (Mr. BURGESS), who was an OB/GYN Ms. KAPTUR. Mr. Speaker, I thank 810. physician for 21 years and has delivered the gentleman for yielding me this Ms. DEGETTE. Mr. Speaker, I yield 2 over 3,000 babies and understands that time. minutes to the distinguished gentle- an embryo is a stage of development. Today we in the Congress are debat- woman from Illinois (Ms. SCHA- Mr. BARTON of Texas. Mr. Speaker, ing the essence of human life, the cre- KOWSKY). I yield 1 minute to the gentleman from ation of life and the destruction of life. Ms. SCHAKOWSKY. Mr. Speaker, I Texas (Mr. BURGESS), member of the We are debating how one’s family’s life stand today in strong support of the bi- committee. code, their DNA, is propagated and be- partisan Stem Cell Research Enhance- Mr. BURGESS. Mr. Speaker, I thank queathed to the next generation. Each ment Act of 2005. the majority leader and my chairman human life begins as an embryo. What One of the few places this is really an for yielding me this time. concerns me, as someone who cherishes extremely controversial bill is right I do rise in opposition to this bill life and is a strong supporter of med- here because the majority of Ameri- today. ical research for epilepsy, for diabetes, cans strongly support embryonic stem The debate that we are about is ex- for spinal cord injury, for Alzheimer’s, cell research. They want the Federal panding Federal funding, not limiting for so many debilitating diseases, is Government to fund research that is research. There are no bona fide treat- that this bill seems to be on a very fast critical for some 128 million Americans ments available for embryonic stem track. It is moving through this Con- who suffer from juvenile diabetes, Par- cells. There is nothing in the labora- gress at record speed and not under the kinson’s, Alzheimer’s, cancer, heart tory, and there is certainly nothing in normal procedures we depend on to disease, spinal cord injuries, ALS, and the clinics available to patients. Hon- make informed decisions. other diseases. esty is an important part of this de- Stem cell research is a medical issue, bate, and I am concerned that more b 1430 one that should and fortunately does than a promise has been offered to peo- Today I rise with more questions transcend political lines and instead ple who are suffering and the reality is than answers on this bill. I respect the focuses on human lives. One such life is that those potential treatments are advocates. I respect those that do not that of Clara Livingston, a 9-year-old much more limited than they have support the bill. But I know one thing: girl with diabetes. During her testi- been portrayed. On a matter of life and death, Congress mony last week in a hearing in Chi- The President, I think, wisely put pa- should proceed carefully, thoughtfully cago, Clara said, ‘‘There are things I rameters, set boundaries around this and in an informed manner. All points don’t like about diabetes. I have to put type of research back in 2001. Let us of view must be heard and not sup- a one-inch needle into my skin to con- not forget that private funding for pressed. nect my insulin pump. I don’t like stem cell research is available today. A Most surprisingly, this bill never had pricks or shots. I don’t like having couple who has an embryo developed in a subcommittee nor a full committee high blood sugar and not being able to an IVF clinic is perfectly free to take hearing. So my opinion today about eat. I don’t like going low and faint- that embryo to a lab at Harvard or this bill is: not yet. I am not yet con- ing.’’ She continued, ‘‘I would like to California and have a stem cell line de- fident that this institution has allowed find a cure because finding a cure will veloped. The reality is in a poll of my for full dialogue to develop on a matter help make America and the rest of the reproductive endocrinologists back of such gravitas. Regardless of how you world not worry about diabetes.’’ home: that never comes up as an issue. view the bills before us, the lack of a

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11008 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 full hearing record is most troubling suppressant drug companies? Do we as that the Congress make this statement indeed. Members of Congress not have a right for a brighter future for many, many I ask myself, why is the normal com- to know something more from the non- Americans. mittee process subverted on a matter existent transcript from the com- Mr. LEACH. Mr. Speaker, will the of such consequence? What do pro- mittee? gentleman yield? ponents have to lose? Where is the I find it most coincidental that last Mr. BASS. I yield to the gentleman committee transcript that will tell us week the South Koreans doing research from Iowa. the diverging views of scientists on the in this arena announced that they had Mr. LEACH. Mr. Speaker, we do not potentiality of adult stem cell versus cloned cells, making it appear as know yet, but the possibility is very embryonic stem cell to improve life? though, if Congress did not act today, real that stem cell research may be the The fact is, there is none. Some evi- America would fall behind in the world greatest breakthrough in the history of dence indicates stem cell research from research community. I found the tim- science. There are deep and profound nonembryonic sources now has made a ing of that announcement just all too moral and philosophic issues sur- difference in treating 58 different dis- convenient and asked myself, which rounding the research, but our govern- eases. We need to know more about the companies were behind it? ment should be very cautious about science. In my opinion, the subcommittee and coming down on the wrong side of Then, where is the committee record committees of jurisdiction have not science, especially when the scientific that helps us struggle with the essen- met their responsibilities to this Con- endeavor is designed to lengthen and tial moral question of: how exactly gress, by abdicating their hearing re- ennoble life. does one destroy life in order to save sponsibility. All we have are docu- It has been suggested here today that it? Where is the committee transcript ments from outside proponents and op- no breakthrough therapies have yet that reveals to the majority of Mem- ponents, and frankly, that is not good been developed with stem cell research. bers not on the committee the ethical enough. Where is the hearing record to This is simply not the case. Using, for questions that we and every family which all Members can refer which re- example, the microenvironment of should be addressing concerning the counts the struggles of proponents and human embryonic stem cells, Dr. Mary proprietary nature of the DNA in any opponents with the ethical require- Hendricks and her team of researchers embryonic cell? ments that should be a part of this bill, at Chicago’s Memorial Research Center We go to great lengths as a Congress and not merely leave it up to the Na- have developed a methodology to slow to protect intellectual property rights, tional Institutes of Health? the aggressive properties of metastatic as our Constitution requires. After all, On a matter of such magnitude, cancer cells. How in heaven’s name can this Nation provides for patents for where some human embryos will be de- we deny the promise of such research? computer software, for medical de- stroyed in the hope that new cures are There is consensus at this time in vices, for seed corn genomes; and yet made possible, the Congress needs to be this body and in the research commu- we provide no protection for the DNA more responsible. nity that scientists should not play of a human embryo? Whose DNA will I ask my colleagues to vote ‘‘no’’ on God in attempting to clone human be bequeathed to the future and whose the DeGette-Castle bill and remand it beings, but we are at a stage of human will not? back to committee. existence where there is a practical How do we evaluate this bill when so ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE possibility that a blastocyst that much is missing? How do we evaluate The SPEAKER pro tempore (Mr. would otherwise be thrown away as which embryos should be allowed to be LAHOOD). The Chair would remind all waste can, in a petri dish, be used to sent to research and how many to be Members to refrain from using audio help solve these incredible diseases, adopted by infertile couples so those devices during debate. from Alzheimer’s to Parkinson’s to dia- embryos can be developed into full Mr. CASTLE. Mr. Speaker, I reserve betes to cancer. human beings? Who will decide? Is it the balance of my time. If one believes that life matters, the just a matter for the individual couple, Mr. BARTON of Texas. Mr. Speaker, balance of judgment should be to care- or is there a larger, societal responsi- I yield 2 minutes to the gentleman fully open the door, as this bill, led so bility to protect life? from New Hampshire (Mr. BASS), a beautifully by my good friends the gen- The woman whose eggs are being member of the committee. tleman from Delaware (Mr. CASTLE) taken, how is she legally protected? Mr. CASTLE. Mr. Speaker, I yield 30 and the gentlewoman from Colorado How is her husband or mate legally seconds to the gentleman from New (Ms. DEGETTE), does. Not to open the protected in this relationship? And Hampshire. door is to put our heads in the sands what are the rights of the embryo? The SPEAKER pro tempore. The gen- and foreclose the prospect of a better Where is the hearing record that in- tleman from New Hampshire (Mr. life for many, many Americans. forms us how to carefully manage any BASS) is recognized for 21⁄2 minutes. Ms. DEGETTE. Mr. Speaker, I yield transfer of human embryos to research Mr. BASS. Mr. Speaker, a ‘‘yes’’ vote such time as she may consume to the so their essential worth is recognized? today is a vote for progress, for reason gentlewoman from New York (Ms. We are told that the ethical require- and for sound research. SLAUGHTER) for the purpose of making ments section of the bill will suffice, Mr. Speaker, it is conservative to a unanimous-consent request. yet this section is but 156 words long. conserve, and this bill utilizes stem Ms. SLAUGHTER. Mr. Speaker, I rise It directs that NIH will issue final cells that have already been discarded, in strong support of the Castle-DeGette guidelines within 60 days of passage of discarded because in most cases those amendment. I have a friend who is this bill. Sixty days? That is not even who undergo in-vitro fertilization have alive today because of stem cell re- enough time to grow a tomato plant. I excess fertilized cells available. Their search and injections that he has had. ask, is this realistic? And further, who only choice today has been for freezer He would love to have been here today will influence NIH without more con- storage, putting them up for adoption to tell you about it. He is in the bloom gressional guidance? or discarding them, yes, into hospital of health. Mr. Speaker, there is a lot of money medical waste. Mr. Speaker, a couple of years ago, a very to be made in this new field of life Now we will add a fourth option, and close, longtime personal friend of mine, John science. I think Congress should know that is to allow these embryos to be McCaffery, was diagnosed with lymphatic leu- who is likely to be making it, espe- used for scientific research, to find kemia. He underwent radiation and chemo- cially when Federal funding becomes cures for diseases that have afflicted therapy treatments. But he remained critically involved. Which biogenetic and phar- Americans, a large portion of Ameri- ill. His doctor suggested that he have a stem maceutical firms stand to benefit the cans, that threaten the lives of young cell transplant. most from moving this bill forward? people. This is not about life, this is John was fortunate enough that his brother Exactly who are they? Which immuno- about saving life, and it is important proved to be a match. After causing John’s

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00094 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11009 brother to overproduce stem cells, doctors at Recall that on that date, President Mr. DANIEL E. LUNGREN of Cali- Strong Memorial Hospital in Rochester, re- Bush announced that Federal funds fornia. Mr. Speaker, just in response to moved the excess stem cells and put them in would be available to support research what was said on the floor, this is a John. Unlike a painful, complicated bone mar- on human embryo stem cells so long as statement that has appeared on the row transplant, John received his stem cell such research was limited to existing floor, and also in print, which says that transplant via an IV. stem cell lines. At the time it was be- the bill before us prohibits Federal Without advancements over the years in lieved that 78 stem cell lines were eligi- funding used for the destruction of em- stem cell research, John would not have had ble. Yet today, as we know, only 22 bryos. the option for a stem cell transplant. Rather, such lines are available for research, By its very definition, it requires the he would have had to continue with chemo- and these lines are aged, contaminated destruction of embryos when it does therapy treatment until the cancerous cells or developed with outdated research. the research. That ought to be very eventually took over his body and he died. Meanwhile, there are at least 125 new clear. The process talked about re- Mr. Speaker, stem cell research saved stem cell lines with substantial poten- quires the destruction of embryos. John’s life. And, I am very happy to report that tial that federally funded researchers Mr. AKIN. Mr. Speaker, reclaiming today, John is once again leading a healthy, cannot use. my time, I rise today to oppose public productive life. Thus, Mr. Speaker, I believe the issue funding for the destruction of human The U.S. has the finest research scientists before this House today is this: Will we embryos. in the world, but we are falling far behind other foster embryonic stem cell research, b 1445 countries, like South Korea and Singapore, research that holds great promise for There is actually a very simple rea- that are moving forward with embryonic stem the potential treatment or cure of dis- cell research. Adult stem cells from umbilical son for that, and that is because you eases such as ALS, Lou Gehrig’s dis- and I were once embryos. cord blood will likely lead to treatments for ease, Alzheimer’s, Parkinson’s, and some diseases. But this must complement, not Now, an embryo may seem like some other diseases, and offer hope to those scientific or laboratory term, but, in substitute, scientific research on embryonic with spinal cord injury and other inju- stem cells—which is much more promising fact, the embryo contains the unique ries of the nervous system, or will we information that defines a person. All and will yield to advancements in the preven- stand in the way? tion and treatment of almost every disease you add is food and climate control and I know that the opponents of this bill some time, and the embryo becomes American families face. The United States believe that we are ignoring the ethical must be on the cutting edge of this important you or me. and moral implications of such re- Now, there are people who want to research. We have a responsibility to promote search. I do not share that view. But, stem cell research which could lead to treat- use public money to destroy embryos, in fact, this legislation requires the De- ments and cures for diseases affecting mil- and they talk about this bill as being a partment of Health and Human Serv- lions of Americans. good first step. What happens if we run Without question, the U.S. should set high ices and the National Institutes of the clock to step two or step three? standards for moral and ethical use of stem Health to issue guidelines for ethical My own daughter wrote a little story, cells. But how can we do this, if we are not considerations; it requires a determina- and I will read it, about step three: ‘‘I actively involved in the research? tion that the embryos would never lived with 40 others in a compound su- Mr. Speaker, John is one person whose life have been implanted and would have pervised by cool, efficient orderlies. In- was saved by stem cells. There will be thou- been discarded; and it requires the do- stead of playing, I stood pondering a sands and one day, millions more lives saved nor’s written, informed consent. troubling dream from the night before. if we do the right thing today. I urge all my col- Mr. Speaker, I realize this is a dif- It was of a loving father giving his leagues to support both adult and embryonic ficult issue for many. It is, however, I child a name. I have always been just stem cell research by supporting the Stem think, an issue that the American peo- 52561B. Cell Therapeutic and Research Act and the ple have made a judgment on. It is an ‘‘I started imagining what it would Stem Cell Research Enhancement Act. issue which they, I think, overwhelm- be like to be named when the lab tech- Ms. DEGETTE. Mr. Speaker, I am de- ingly support. The polls seem to reflect nician called me down the sterile white lighted to yield 4 minutes to the gen- that at least 60 percent of the Ameri- hall to my monthly checkup. I was tleman from Maryland (Mr. HOYER), cans asked the question support this given the usual clear injection and the distinguished Democratic whip. important effort. They believe it holds scanned. The medic flipped through the Mr. HOYER. Mr. Speaker, I thank promise for them, for their spouses, for images which showed my organs and the gentlewoman for yielding and want their children. wrote, ‘healthy, still usable’ across the to congratulate the gentleman from We have talked much about life on file. Delaware (Mr. CASTLE) and the gentle- this floor. It is important that we do ‘‘Several weeks later, I heard foot- woman from Colorado (Ms. DEGETTE) so. It is important that we do so in a steps outside my cell and low voices. for her leadership and his leadership on thoughtful and principled way. The door unlocked and I was led again this bill. This is, I think, one of the I believe that this moderate, well- into the clinic and placed on the stain- most important bills that we will con- thought-out, carefully constructed bill less table, but the injection this time sider for the welfare of people not only takes a step that America expects us to was amber colored and I immediately in this country, but throughout the take. This is the People’s House. I be- sensed that something was wrong. world. lieve the people would have us pass this Numbness started spreading across my Mr. Speaker, let us be very clear legislation, and I urge my colleagues to body, great agony, no breathing, and about what this bipartisan, moderate vote accordingly. the table was lifted and I slid down a bill would do and not do. This legisla- Mr. DELAY. Mr. Speaker, I yield 21⁄2 chute into a large, steel box with waste tion, which has 200-plus cosponsors minutes to the gentleman from Mary- paper and garbage from the lunch from both sides of the aisle, would not land (Mr. AKIN). room. permit Federal funding for cloning; it Mr. STUPAK. Mr. Speaker, I yield 1 ‘‘My body now thrashed uncontrol- would not permit Federal funding to minute to the gentleman from Mary- lably, but as everything grew dark, create embryos, nor would it permit land. there was a bright figure who seemed Federal funding to destroy embryos. The SPEAKER pro tempore. The gen- to protect me. He looked at me with This important legislation simply ex- tleman from Maryland is recognized such love and said, ‘I have given you pands the current Federal policy of al- for 31⁄2 minutes. the name Tesia, which means ‘‘Loved lowing Federal funding for research on Mr. DANIEL E. LUNGREN of Cali- of God.’’ ’ stem cell lines derived after the arbi- fornia. Mr. Speaker, will the gen- ‘‘I awoke to see a wrinkled face with trary date of August 9, 2001, from em- tleman yield? twinkling dark eyes framed by white bryos created for fertility treatment Mr. AKIN. I yield to the gentleman hair. He must have seen my ques- that would otherwise be discarded. from California. tioning expression. He explained, ‘You

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11010 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 were a clone being held as a source for on the creation of cloned embryos for re- lars, we cannot ask our constituents to body parts, but when a recipient dies, search. I ask my colleagues to join me in op- fund the killing of human embryos. the clone is considered useless and is posing this bill. Like the rest of my colleagues join- given a lethal injection. I managed to Ms. DEGETTE. Mr. Speaker, I am ing me today, I am strongly in support get to you before the poison finished very pleased to yield 21⁄2 minutes to the of scientific research to save and im- its work.’ gentleman from Illinois (Mr. EVANS). prove human life. But to fund Federal ‘‘I was stunned. After a pause, he Mr. EVANS. Mr. Speaker, I rise in research on stem cells derived from said, ‘What shall I call you?’ At first I support of H.R. 810 because we need to killing human embryos is unethical was startled until I remembered. I said, support studying every kind of stem and irresponsible. ‘Tesia.’’ ’ cell, from cord blood to adult to embry- While stem cell research has never Mr. Speaker, this building was built onic. been prohibited in the private sector, by our Founders on pillars, but not just Parkinson’s disease affects over 1 President Bush permitted the usage of pillars of marble. One pillar was the million Americans, and I am one of embryonic stem cell lines sufficient for conviction that God grants life as an them. Many people think that this is a extensive government-funded research inalienable right, and they fought so disease that mostly affects older citi- nearly 4 years ago. In these 4 years, that pillar would not be toppled by ty- zens. That is not true. I was diagnosed government and private research on rants. And our sons and daughters fight when I was in my mid-40s and Michael those stem cells have produced noth- so that pillar will not be toppled by J. Fox, for example, was much younger ing, cured no one; and there is no indi- terrorists. We must vote today so that than that. cation that that will change. Parkinson’s does not keep me from that pillar will not be toppled by tech- In the meantime, ethical research doing the things that are important to nology that is run amok. not derived from embryos in the public my life and my work, but Parkinson’s Oppose public funding which destroys and private sectors has helped cure al- does affect me every day of my life. little you’s and me’s, and oppose this most 60 diseases. The private sector There are good days and bad days, but harvest of destruction. has proven the superiority and promise there is still a need for research and for Mr. STUPAK. Mr. Speaker, I reserve of cord blood in adult stem cell re- a cure. the balance of my time. Parkinson’s has been said to be the search by choosing to fund those areas. Mr. CASTLE. Mr. Speaker, I reserve most curable disease that is yet to be Let us learn from their example and the balance of my time. cured. Scientists believe a cure is on not squander taxpayer dollars on un- Mr. BARTON of Texas. Mr. Speaker, the horizon within the next 5 to 10 ethical research. I yield 1 minute to the gentlewoman years. They also believe that the ad- Mr. Speaker, we do have the power of from North Carolina (Mrs. MYRICK), vances in Parkinson’s research will the purse, and we cannot misuse it by who is a member of the Committee on lead to accelerated cures for other ill- funding the slaughter of human life. Energy and Commerce. Mr. STUPAK. Mr. Speaker, I reserve nesses such as Alzheimer’s. Mrs. MYRICK. Mr. Speaker, I rise Only embryonic stem cells hold enor- the balance of my time. today in opposition to H.R. 810. mous potential in order to treat these Mr. CASTLE. Mr. Speaker, I yield 1 I believe in the transforming and the patients. Doctors treating patients minute to the gentlewoman from Illi- lifesaving power of research and with disease or injury may feel com- nois (Mrs. BIGGERT). science, and I have seen firsthand how pelled to ease the suffering by taking Mrs. BIGGERT. Mr. Speaker, I thank cutting-edge research can make a big every ethical avenue possible to find the chairman for yielding me this difference in the lives of Americans treatments and cures. These doctors time. who suffer with all sorts of diseases, are among some of the most talented, Mr. Speaker, I rise in strong support and, I understand the value of federally dedicated, and well-respected doctors of H.R. 810. Science has advanced rap- funded research. I also support stem in this country. idly since the President announced his cell research. Today we decide whether to free stem cell research policy. These cells However, this debate is not about the these scientists or to hold them cap- were just identified less than 10 years merits of scientific discovery. There is tive. We will decide whether those suf- ago and, already, the technology is pro- no ban on research for the limited fering from Parkinson’s, diabetes, spi- gressing by leaps and bounds. The 22 number of IVF embryos on which such nal cord injuries, and others will have lines currently available under the research would even be possible. This the greatest potential for cures, or President’s policy were developed using debate is about Federal tax dollars and whether they will just simply sit on outdated techniques and have been whether these dollars should be spent the bench. contaminated, possibly skewing the on the destruction of embryos, which I Mr. Speaker, I do not think that is outcome of experiments. do not support. the right message to send patients and Given the promise that stem cells Supporters of this bill say we have doctors. hold, it is time to drop the limit on nothing to lose by destroying existing The American people agree. Poll current stem cell lines and allow re- embryos with Federal money because, after poll has shown that a wider ma- searchers to do what they do best. It is after all, some of them will probably be jority of Americans support ethical tragic to let these cells go to waste discarded anyway. I would ask my col- embryonic stem cell research. The ma- when they could help to relieve so leagues to recall the reason why we do jority of Bush supporters, for example, much suffering. It is time to let re- not conduct scientific research on Fed- have voted to support this research. searchers go where the science leads eral death row inmates. Over 90 patient organizations, sci- them, not where politicians dictate. Aren’t they going to die anyway? By all ac- entific and medical societies, and uni- In order to explore all of the possi- counts, death row inmates are not innocent versities also support this research. bilities, scientists must have access to lives—but we don’t conduct destructive experi- Some think this research has given all three kinds of stem cells: adult, em- ments on them because it would be ethically false hope to patients like me. But the bryonic, and those from the umbilical reprehensible. We certainly don’t dedicate tax- science is moving forward and, with cord blood. That is why I plan to vote payer funds for that purpose. our help, will go even further. for H.R. 810 and the Smith bill as well. Those who’ve studied the implications of an This is really an exciting day for me, The two are not in opposition; they are embryonic stem cell research expansion know Mr. Speaker. I appreciate everyone who complementary. full well that Federal funding for the destruc- has helped us. Mr. Speaker, I am proud to support tion of existing IVF embryos is no silver bullet Mr. DELAY. Mr. Speaker, I yield 1 H.R. 810 and for the sake of the mil- for disease treatment. But that’s how the bill minute to the gentlewoman from North lions suffering from diseases, I ask my will be sold on the floor today. H.R. 810 is Carolina (Ms. FOXX). colleagues to do the same. merely the first step in an effort to spend fed- Ms. FOXX. Mr. Speaker, as stewards Mr. BARTON of Texas. Mr. Speaker, eral money—not only on the destruction, but of hard-working Americans’ tax dol- I yield 2 minutes to the gentleman

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11011 from the great State of Missouri, the cousin Betty Stolz, to MS. We lost embryos, get the embryonic stem cells Show Me State (Mr. BLUNT), the distin- them too soon. That is one of the rea- and send them over to NIH. And I sent guished majority whip. sons I have joined this unparalleled and the President a letter telling him, You Mr. BLUNT. Mr. Speaker, I thank growing bipartisan coalition to cospon- are violating the spirit of the law, if the chairman for yielding me this time sor H.R. 810, along with over 200 Demo- not the letter of the law. and for his leadership and the leader- crats and Republicans in this House. When President Bush became Presi- ship of others on this debate today. People from the Show Me State were dent, a lot of us alerted him to this This debate is defined in so many polled not too long ago, and three- problem, and he came out with his pol- ways by the conscience of each Mem- fourths of them were in support of this icy. And I thought it was really like a ber; and as each Member comes to the research continuing. Just like polls Solomon-like compromise. He said, We floor, as each Member speaks, I think around the country, when Nancy will not allow any more Federal funds my colleagues can see that this debate Reagan called to lift the Bush adminis- to be used that involve the killing of uniquely is based on their own view of tration ban on this research in 2004, human embryos, but we will allow re- this and their deeply founded view of three-fourths of Americans have come search to proceed on the existing cell this. to the support of this cause. lines. In fact, the whip’s office is not real There is great promise in this re- And I sit on the committee that busy today, because we are not whip- search. Since its isolation of the em- funds this. We have funded this re- ping this vote. I do not think my bryonic stem cell in 1998, research has search to the tune of $60 million over friends on the other side are whipping made dramatic progress in the U.S. We the last 3 years, embryonic stem cell this vote either. Why would that be? cannot and we must not abandon our research, what you are asking for more Why would we have a vote on a bill like leadership role in the scientific com- of. And the only place that I can find this that, based on the debate, is so im- munity and in establishing strong eth- the research results printed is, I have portant that we would not be trying to ical standards for this research, which to go to the rat-and-mouse journals. persuade Members? Because we feel on are incorporated in this bill. And the results are bad. These things both sides of this aisle, apparently, tend to form tumors. The plasticity b 1500 today that this is a matter of real con- that some of you extol in these embry- science. This is a matter where people I also became involved in this debate onic stem cells make them genetically can deeply disagree. This is a matter because of the extraordinary citizens unstable. They tend to form tumors. about the very definition of life itself. that have come to advocate on its be- We call them teratomas in the medical Because of that, I am firmly on the half, advocates like Bernie Frank, an profession. They grow hair and they side of those who believe it is not time accomplished St. Louisian who has vol- grow teeth. They are genetically unsta- yet to federally fund this particular unteered for the Parkinson’s Action ble. kind of research. There is private sec- Network; advocates like Dr. Huskey Meanwhile, on the adult stem cell tor funding available. Some States like from Washington University, who suf- line it is breakthrough after break- through after breakthrough. Indeed, the State of California recently decided fers with MS and continues her advo- the gentlewoman from Colorado said in they would fund this in a significant cacy; advocates like Rabbi Susan Talve her opening statement, there is no, no way. Other States have decided they and her young daughter, Adina, who scientific evidence that will show that would totally outlaw research. So this suffers from a congenital heart defect. cord blood or adult stem cells will cure is clearly an issue where the country is Early stem cell research shows the po- Alzheimer’s, Parkinson’s or Type 1 dia- divided. tential to discover ways to grow new The ethics of this issue, as the gen- heart muscle cells. betes. Parkinson’s disease was successfully tlewoman from Ohio (Ms. KAPTUR) sug- Mr. Speaker, the promise of stem cell treated 6 years ago in Dennis Turner gested earlier, are not as clear as they research is real. Science, not politics, using an adult stem cell. He had an 80 should be. The future ownership and should determine the future of this percent reduction in his symptoms. use of this research is not as clear as it vital research. This was described at the American As- needs to be. The first principle of bio- We stand here with the tools in our sociation of Neurological Surgeons an- ethics should be: first, do no harm. We hands to ease the pain and suffering of so many across the country and around nual meeting in April of 2002. are not at the point in this issue where In 2003, Science-published Harvard re- the world. To forgo potential life-sav- we can firmly say we are not doing searchers announced they had achieved ing cures is simply unacceptable and harm. We are at the point when we can a permanent reversal of diabetes in unconscionable. say that all of those concerns that this mice. This is now under human clinical Mr. DELAY. Mr. Speaker, I yield 3 research is not possible if we do not trials today, while we speak. By the minutes to the gentleman from Florida fund it with Federal funding are just way, they tried to repeat that study (Mr. WELDON), who has graduated with not right. This research is possible. I using embryonic, mouse embryonic honors, is a physician in internal medi- do not agree with it myself, but I par- stem cells and it failed. And this lady cine, and also has degrees in bio- ticularly do not agree that we should was in a wheelchair and she can now chemistry. take the tax money of millions and stand up with adult stem cells. millions of taxpayers who believe this Mr. WELDON of Florida. Mr. Speak- We do not need this bill. It is ethi- is absolutely wrong and pay for this re- er, as most of my colleagues know, I cally wrong. We should be voting ‘‘no.’’ search in that way. practice general internal medicine and Mr. STUPAK. Mr. Speaker, I reserve I urge a ‘‘no’’ vote on this bill, Mr. I still do it. I have treated a lot of pa- the balance of my time. Speaker. tients with diabetes, Parkinson’s; in- Mr. CASTLE. Mr. Speaker, I reserve Ms. DEGETTE. Mr. Speaker, I am deed, my father died of complications the balance of our time. pleased to yield 2 minutes to the gen- of diabetes. My uncle, his brother, died Mr. BARTON of Texas. Mr. Speaker, tleman from Missouri (Mr. CARNAHAN). of complications of Parkinson’s dis- I am prepared to recognize the gen- Mr. CARNAHAN. Mr. Speaker, I want ease. tleman from Pennsylvania (Mr. PITTS) to thank the gentleman from Delaware Let us just talk a little bit about how if the gentleman from Texas (Mr. (Mr. CASTLE) and the gentlewoman we got here, okay? This body voted DELAY) also wants to recognize him at from Colorado (Ms. DEGETTE) for their years ago, no Federal funding for re- this time. I yield him 1 minute. leadership on this issue. search that involves the destruction of Mr. DELAY. Mr. Speaker, I yield the Like millions of American families, a human embryo. And President Clin- gentleman 2 minutes. my own has been impacted by the loss ton, towards the tail end of his admin- The SPEAKER pro tempore (Mr. of loved ones with debilitating dis- istration, did an end run around the LAHOOD). The gentleman from Penn- eases. My grandmother, Alvana Car- congressional prohibition, and they sylvania (Mr. PITTS) is recognized for 3 penter, died of cancer, and my first were having outside labs destroy the minutes.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11012 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 Mr. PITTS. Mr. Speaker, we are all through the destruction of living value that we all share regardless of race, cul- different. We are all different because human embryos. ture, or religion. we each have our own DNA. The order- The human being is in all stages of But this promise exists only if researchers ing of genes in our body makes us development, or disability, uniquely have access to the science that holds the unique. We have the color of our hair, distinct and infinitely valuable. most potential, and are free to explore—with skin, eyes, teeth, because of DNA. And House Resolution 810 is a tragic be- appropriate ethical guidelines—medical ad- each person has his or her own set of trayal of that value. vances never before imagined possible. DNA, and that makes us each unique. Ms. DEGETTE. Mr. Speaker, before There is no question that scientific advance- Each and every person is valuable. yielding to the gentlewoman from New ment often comes with moral uncertainties. I am a supporter of ethical stem cell York (Mrs. LOWEY), I would just yield a We should and have ensured that difficult eth- research, Mr. Speaker. I do not support minute to myself to respond to a cou- ical and social questions are examined and the dissecting and destruction of living ple of comments. debated before passing this legislation. In my human embryos to harvest stem cells First of all, there is a misconception judgment we now have a moral obligation to for the purpose of experimentation and here. Under the Castle/DeGette bill, no pursue each opportunity and provide crucial research, and that is because each of public funds are used for embryo de- funding, support and oversight for this critical these living human embryos has its struction. Current law precludes that research. Like many of you, I believe that strong own genetic makeup, its own DNA. and we keep that under our bill. It is not animal DNA. It is not plant Secondly, we are not spending $60 guidelines must be in place with vigorous oversight from the NIH and Congress before DNA. It is human genetic code, human million through the NIH through em- allowing federally-funded embryonic stem cell DNA. The stuff that sets each person bryonic stem cell research. Last year it was really $25 million, and the reason research. apart is there in this tiny little life With appropriate guidelines we can ensure is because the President’s policy, that H.R. 810 would destroy. Each that the research with the most promise for unique and distinct, but frozen. issued in August of 2001, has not medical achievement can be fully realized. Early today I met with a man, Steve worked. Instead of 80 or 90 stem cell While adult stem cells have yielded important Johnson, from Reading, Pennsylvania, lines, we only had around 19 to 22 stem discoveries, the evidence from scientists them- who is in Washington for this debate. cell lines. And of those lines, all of selves suggests they don’t have the same po- Steve was in a bicycle accident 11 years them were contaminated with mouse tential as embryonic stem cells. ago and his bike was replaced with a ‘‘feeder’’ cells, and many of them were The legislation before us today would wheelchair, and today Steve is a para- not available to researchers here in strengthen the standards guiding embryonic plegic. And he has heard the promises country. That is why we have to ethi- stem cell research and would ensure that em- made that embryonic stem cell re- cally expand embryonic stem cell re- bryos originally created for the purpose of in search might help him walk again. For search. vitro fertilization could be made available for Steve, though, that is unacceptable. Mr. Speaker, I yield 1 minute to the research only with the consent of the donor. And so Steve and his wife, Kate, adopt- gentlewoman from New York (Mrs. Let me be clear. This legislation retains the ed a little girl. Here are three little LOWEY). current restrictions on creating human em- snowflake babies. Mrs. LOWEY. Mr. Speaker, I am bryos for the purpose of research. He adopted little Zara when she was proud to be a cosponsor of H.R. 810, and So today I ask my colleagues to be as de- just a frozen embryo, stored at an IVF I rise in strong support of this critical termined to find a cure as science allows us clinic. She was a leftover embryo that legislation. to be. With the appropriate guidelines in place, proponents of this bill would destroy My colleagues, what an extraor- we are closer than ever to remarkable discov- for her cells. If someone had dissected dinary moment we have before us. Em- eries and on the brink of providing hope to her for embryonic stem cell research, bryonic stem cells have the potential millions of individuals who otherwise have she would not be here today. But she is not just to treat some of the most dev- none. here today with 21 other little snow- astating diseases and conditions, but to I urge my colleagues to vote ‘‘yes’’ on H.R. flake children. Steve would not have actually cure them. At issue here is the 810. his daughter because scientists want a fundamental value of saving lives, a Mr. DELAY. Mr. Speaker, I yield my- laboratory experiment. value that we all share regardless of self such time as I may consume. Mr. Speaker, I just have to respond Zara is living proof that advocates of race, culture or religion. to the comments by the gentlewoman H.R. 810 are wrong on this issue. What But this promise exists only if re- from Colorado (Ms. DEGETTE). She they do not admit is that Steve John- searchers have access to the science must be reading a different bill. That is that holds the most potential, and are son’s paralysis is more likely to be re- what this whole argument is about. free to explore, with appropriate eth- versed using adult stem cells. How do The gentlewoman says that no Federal ical guidelines, medical advances never we know that? Because recently, we funds can go to destroying an embryo before imagined possible. learned that cells taken from a per- in order to have research. She just said I also sit on the committee that son’s nose, olfactory cells, are helping that. That is what this whole bill does funds the National Institutes of Health people walk again. Cells taken from is to allow funding of embryonic stem with the gentleman from Florida (Mr. cord blood are helping people walk cell research, and in order to do that WELDON). I am not a scientist, I am not again, today. research, you have to destroy the em- Embryonic stem cells, no, not help- a doctor. But as I sit on that com- bryo. ing people walk again. They might say mittee and we hear the testimony, one In fact, if the gentlewoman would there is hope. There is no proof. after another, of people who are suf- like, I would be willing to entertain a I would like to challenge the other fering, who have lost their loved ones, unanimous consent request that if, in- side to put up in front of a camera one who are on the verge of losing another deed, that does not happen in her bill, person treated for spinal cord injury loved one, look at the 200 major groups I will be glad to accept it and I will with embryonic stem cells. You can- who are supporting this legislation. vote for the bill. That is the whole no- not, can you? We can. Hwang Mi-Soon, And let us listen to them. tion of what is going on here. Susan Fajt. I am proud to be a cosponsor of H.R. 810, It is not true to say that her bill does How about Parkinson’s? You cannot. and I rise in strong support of this critical leg- not allow Federal funding for destruc- We can. Dennis Turner. How about can- islation. tion of embryos. cer? Leukemia? Sickle cell? You can- My colleagues, what an extraordinary mo- Mr. Speaker, I yield 2 minutes to the not. ment we have before us. Embryonic stem gentlewoman from Tennessee (Mrs. Adult stem cells are treating human cells have the potential not just to treat some BLACKBURN). patients today for the very diseases of the most devastating diseases and condi- Mrs. BLACKBURN. Mr. Speaker, I that the proponents of this bill claim tions, but to actually cure them. At issue here want to thank our chairman, and also might hopefully one day be treated is the fundamental value of saving lives—a thank the leader.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11013 You know, I believe that everybody b 1515 respected pro-life colleagues and friends like engaged in this debate today means Only 22 of the 78 stem cell lines ap- Senator ORRIN HATCH, former Senator Connie well, and this is one of those great de- proved by the President remain today. Mack and former HHS Secretary Tommy bates that we have on this floor. It is As another leading researcher said, Thompson when they tell us this is not an full of passion. But this is not a debate ‘‘This limit on research has stunted abortion issue. about passion. It is not a debate about progress on finding cures for a number Let’s make it clear that abortion politics style. This is a debate about substance. of fatal and debilitating diseases.’’ should not determine this critical vote. And the substance of this debate is life, Mr. Speaker, it is too late for my be- Embryonic stem cell research will prolong clear and simple. You know, there is a loved mother who was totally debili- life, improve life and give hope for life to mil- fact on this, also, I think we ought to tated by Alzheimer’s disease which lions of people. look at. killed her. It is too late for my cousin I urge members to support funding for life- saving and life-enhancing embryonic stem cell While we do not know where embry- who died a tragic, cruel death from ju- venile diabetes while still in his 20s; research. onic stem cell research might lead us, The American people deserve nothing less. we do know that engaging in this form but it is not too late for the 100 million Mr. BARTON of Texas. Mr. Speaker, of research would require ending a other American people counting on us I yield 2 minutes to the gentleman to support funding for life-saving re- human life for the purpose of experi- from California (Mr. DREIER), the dis- mentation. And that is something that search on embryonic stem cells. tinguished chairman of the Committee I do not think any of us want to sanc- Let us not turn our backs on these on Rules. tion. And in my opinion, we would be people. Let us not take away their Mr. DREIER. Mr. Speaker, in 1999 giving away our humanity, our sense of hope. Let us listen to respected pro-life young Tessa Wick was diagnosed with ethics, for the mere hope, the mere colleagues and friends like ORRIN juvenile diabetes. She began the labo- hope that this form of research would HATCH, former Senator Connie Mack, rious process which changed her life someday yield results. former Health and Human Services and she dedicated herself to doing ev- Meanwhile, H.R. 810, the bill that is Secretary Tommy Thompson when erything that she possibly could to en- under discussion diverts funds from re- they tell us this is not an abortion sure that no one would have to suffer search that has proven results, from re- issue. We should support embryonic as she has. search that does not require us to look stem cell research. During that period of time, she has Mr. Speaker, critics of embryonic stem cell the other way while human life is pur- worked to raise large sums of money. research maintain it is wrong to ‘‘promote posely ended. She has testified before the United science which destroys life in order to save States Senate, and last Friday her fa- Adult stem cell research has made life.’’ great leaps. We have heard about that ther told me that she said to him not a As the leading pro-life legislator in Wash- lot has been accomplished yet. We have today. Cord blood research has made ington, Sen. ORRIN HATCH put it, ‘‘Since when great strides. We have heard about that not yet found a cure. And her father does human life begin in a petri dish in a re- said to me that we need to do every- also today. And we hear that by using frigerator?’’ thing that we possibly can to ensure islet cells from living donors or adult To reduce this issue to an abortion issue is that we do find a cure. We are all sup- brain cells instead of embryos, there is a horrible injustice to 100 million Americans portive of umbilical cord research, but a potential to cure diabetes. suffering the ravages of diabetes, spinal cord I believe that it is proper for us to pur- I think we should all vote ‘‘no’’ on paralysis, heart disease, Parkinson’s and Alz- sue embryonic stem cell research, Mr. H.R. 810. We should stop and look at heimer’s disease, cancer, multiple sclerosis, Speaker. the substance of the debate. Lou Gehrig’s disease and other fatal, debili- In a week and a half, we mark the Mr. STUPAK. Mr. Speaker, I reserve tating diseases. first anniversary of Ronald Reagan’s the balance of my time. I have met with medical researchers from passing. Everyone knows how passion- Mr. CASTLE. Mr. Speaker, I yield 2 the University of Minnesota Stem Cell Insti- ately Nancy Reagan feels about the minutes to the gentleman from Min- tute, the Mayo Clinic, the National Institutes of need for us to pursue this research. I nesota (Mr. RAMSTAD). Health and Johns Hopkins University. As one believe it is the appropriate thing to Mr. RAMSTAD. Mr. Speaker, critics prominent researcher told me, ‘‘The real irony do. of embryonic stem cell research main- of the President’s policy is that at least Now, there are no guarantees. We all tain that it is wrong to promote 100,000 surplus frozen embryos could be know there are no guarantees at all, science which destroys life in order to used to produce stem cells for research to but passage of this legislation does pro- save life. As the leading prolife legis- save lives. Instead, these surplus embryos are vide an opportunity for hope, hope that lator in Washington, Senator ORRIN being thrown into the garbage and treated as we will be able to turn the corner on HATCH put it, since when does human medical waste.’’ these debilitating diseases from which life begin in a petri dish in a refrig- Only 22 of the 78 stem cell lines approved so many people suffer. And so I hope by the President in 2001 remain today. As an- erator? very much that we can pursue a bipar- other leading medical researcher said, ‘‘This tisan approach to this important meas- To reduce this issue to an abortion limit on research has stunted progress on find- ure. And while I am concerned that issue is a horrible injustice to 100 mil- ing cures for a number of debilitating and fatal there is disagreement with the Presi- lion Americans suffering the ravages of diseases.’’ dent of the United States, I hope that diabetes, spinal cord paralysis, heart Mr. Speaker, the scientific evidence is over- we will be able to, at the end of the disease, Parkinson’s and Alzheimer’s whelming that embryonic stem cells have day, work out a bipartisan agreement disease, cancer, MS, Lou Gehrig’s dis- great potential to regenerate specific types of that will include the President of the ease and other fatal and debilitating human tissues, offering hope for millions of United States in this effort. diseases. Americans suffering from debilitating diseases. Ms. DEGETTE. Mr. Speaker, I yield 1 I met with researchers from four of Mr. Speaker, it’s too late for my beloved minute to the gentleman from Wis- the main stem cell institutes in Amer- mother who was totally debilitated by Alz- consin (Mr. KIND). ica. As one prominent researcher told heimer’s disease which led to her death. It’s Mr. KIND. Mr. Speaker, I rise in me, and I am quoting, ‘‘The real irony too late for my cousin who died a cruel, tragic strong support of this legislation. And of the President’s policy is that at death from diabetes in his 20’s. just to be clear once again during this least 100,000 surplus frozen embryos But it’s not too late for 100 million other debate, this bill limits the use of only could be used to produce stem cells for American people counting on us to support those embryos that will be discarded or research to save lives. But instead, funding for life-saving research on stem cells destroyed from in vitro fertilization these surplus embryos are being derived from donated surplus embryos created clinics with the consent of the donors. thrown into the garbage and treated as through in vitro fertilization. I rise in support of this legislation medical waste, thrown into the garbage Let’s not turn our backs on these people. not because it promises cures for diabe- and treated as medical waste.’’ Let’s not take away their hope. Let’s listen to tes, Parkinson’s, spinal cord injuries,

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11014 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 Alzheimer’s, but because it gives us yet fectly healthy human embryos to de- Browns, potential human beings as another opportunity to discover cures rive their stem cells. Human embryos cryogenic embryos conceived in the for these ailments. Adult stem cell re- do have inherent value, Mr. Speaker. laboratory. Are they to be discarded or, search, yes, let us do it. Cord blood re- They are not commodities or things or can they be ethically used for stem cell search, absolutely. But let us also just tissue. Human embryos are human research? That is the moral theology allow the Federal Government to get lives at their most vulnerable begin- issue that we must resolve. more involved in embryonic stem cell ning stages, and they deserve respect. I cannot get over the reality that research. Parents of human embryos are human life is created in creating an The University of Wisconsin has been custodians of those young ones. They embryo, whether in vitro or whether in at the forefront of this research; yet are not owners of human property, and utero. Each of us has to decide the mo- our researchers are being held back be- the public policy we craft should en- rality of this unique aspect of the cause of current Federal policy. We are sure that the best interests of newly issue. But I cannot get over the moral already falling behind the rest of the created human life is protected and theology underpinning of this extraor- world in this research in light of South preserved. dinary research on the frontier of Korea’s recent announcement last The Castle bill embraces the mis- science that we are tinkering with week. But it is precisely because the informed notion that there is such a human life. And we must not tinker other countries are moving forward thing as left-over embryos, a grossly further. We know not where we head. It that makes our involvement all the misleading and dehumanizing term in is between God and us. Let us resolve more necessary. I believe that we as and of itself, that they are just going any uncertainty in favor of life. Mr. CASTLE. Mr. Speaker, I yield 1 the leader of the Free World must pro- to be destroyed and thrown away and minute to the gentleman from New vide important leadership on the eth- poured down the drain. That is simply York (Mr. BOEHLERT), the chairman of not true. ical parameters, the ethical con- the Committee on Science. straints that this research requires. The cryogenically frozen male and fe- Mr. BOEHLERT. Mr. Speaker, every Support this bipartisan bill. male embryos that the genetic parents invention, each new scientific concept, Mr. DELAY. Mr. Speaker, how much may feel are no longer needed for im- every technical advance in the history time remains on all sides? planting in the genetic mother are of of mankind has been challenged and The SPEAKER pro tempore (Mr. infinite value to an adoptive mother analyzed and debated, and properly so. LAHOOD). The gentleman from Texas who may be sterile or otherwise unable Change makes us uncomfortable, forces (Mr. BARTON) has 71⁄2 minutes. The gen- to have a baby. us to design new paradigms; but in the tlewoman from Colorado (Ms. Mr. Speaker, just one adoption ini- final analysis, it is man’s fundamental DEGETTE) has 34 minutes. The majority tiative, the Snowflakes Embryo Adop- obligation to use science for the better- leader, the gentleman from Texas (Mr. tion Program, has facilitated the adop- ment of mankind. DELAY), has 27 minutes. The gentleman tion of 96 formerly frozen embryos with In this instance, we are called upon from Michigan (Mr. STUPAK) has 17 more adoptions in the works. I have to heal diseases that have plagued and minutes. The gentleman from Delaware met some of those kids. They are not bewildered us for centuries. It would be (Mr. CASTLE) has 121⁄2 minutes. leftovers, even though they lived in a unconscionable and irresponsible Mr. DELAY. Mr. Speaker, I yield my- frozen orphanage, perhaps many of should we fail to live up to our obliga- self such time as I may consume. them for years. They are just as human tion in this critical matter. Mr. Speaker, I just wanted to point and alive and full of promise as other The moral and ethical question is out that it has been said that there are children. Let them be adopted, not this, do we destroy embryos, simply 100,000 embryos available for research. killed and experimented on. They are discard them, embryos that will never I guess they want to add another por- not throwaways. be implanted in a womb but which can tion to their bill requiring parents to Mr. STUPAK. Mr. Speaker, I yield 4 advance stem cell research to cure his- give their embryos up for research be- minutes to the gentleman from Min- toric illnesses? cause at the present time there are nesota (Mr. OBERSTAR). The answer is, no, we should move only 2.8 percent of the parents that Mr. OBERSTAR. Mr. Speaker, the forward with important scientific re- have allowed or have designated their issue of embryonic stem cell research search, forward movement which will embryos to be used for research. That places humanity on the frontier of be enhanced in a measured way by pas- means there are only 11,000 available medical science and at the outer edge sage of the measure before us. for this research. of moral theology. Mr. BARTON of Texas. Mr. Speaker, Mr. Speaker, I yield 1 minute to the On the side of science there is much I yield 1 minute to the gentleman from gentleman from New Jersey (Mr. hope, even expectation that extraor- Florida (Mr. STEARNS), the distin- guished subcommittee chairman of the SMITH). dinarily effective therapies will be de- Mr. STUPAK. Mr. Speaker, I yield 1 veloped due to a wide range of maladies Committee on Energy and Commerce. Mr. STEARNS. Mr. Speaker, I rise in minute to the gentleman from New from diabetes to Parkinson’s, spinal opposition to H.R. 810, which I believe Jersey (Mr. SMITH). cord injury and a host of others. promotes human embryonic stem cell Mr. SMITH of New Jersey. Mr. Progress has been achieved in the lab- research at taxpayers’ expense. Speaker, make no mistake about it, I oratory in animal studies and in Now, we have already spent $60 mil- support aggressive stem cell research human application. Much has yet to be lion. The gentlewoman from Colorado and the judicious application of stem learned, however, about adverse out- (Ms. DEGETTE) says, no, it is not $60 cells to mitigate and to cure disease. comes, which is why scientists proceed million; it is $25 million. But we have That is why I sponsored the Stem Cell cautiously without overpromising and spent a lot of money, and I think $60 Therapeutic Research Act of 2005 and I with respect for moral considerations million is the right number. have been pushing it for almost 3 of their research. The gentlewoman says no govern- years. That is why those of us who op- The latter gives me the greatest ment taxpayers; money will be used. pose H.R. 810 strongly support pouring pause. An editorial in America Maga- Once a human stem cell is destroyed, millions of dollars into Federal funds zine said it well: ‘‘The debate over em- who pays for the research thereafter? to support ethical stem cell research to bryonic stem cell research cannot be The U.S. Government does. The tax- find cures, to alleviate suffering, to in- fully resolved because it is ignited by payers do. spire well-founded hope and to do it all irreconcilable views of what reverence I remind my colleagues that despite in a way that respects the dignity and for life requires.’’ all this money, embryonic stem cell re- sanctity of human life. Let us recall Louise Brown, the first search has not resulted in any docu- I strongly oppose the Castle bill, test tube baby. Her life began as a sin- mented success whatsoever as com- however, because it will use Federal gle cell, fertilized egg, in vitro. There pared to the astounding success of funds to facilitate the killing of per- are many leftover potential Louise adult stem cells.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11015 The gentleman from Florida (Mr. scientists speculate they may have identified Many in government already think WELDON) pointed out he could not even an important and easily accessible source of they have the right to tell you whom find any success. He had to go to some stem cells that possibly could be manipulated you can marry, what kind of birth con- obscure manuals publications to find to repair damaged teeth, induce the regenera- trol you can use and how you die. Now notice of even the experiments. I also tion of bone, and treat neural injury or dis- they think their moral superiority ex- notice that there is no CBO estimate ease. ‘‘Doctors have successfully harvested tends to the single cell level. Beyond on this legislation H.R. 810. How much stem cells from umbilical cord blood for my outrage at this arrogance, I am will this bill cost? We do not know. years,’’ said Dr. Songtao Shi, a scientist at saddened by this country’s precipitous I urge my colleagues to vote against NIH’s National Institute of Dental and decline in the estimation of the rest of this bill. Craniofacial Research, NIDCR, and the senior the world. Nearly 4 years ago, in August 2001, Presi- author on the paper. ‘‘Our finding is similar in If this bill does not pass and sci- dent Bush announced his Executive order lim- some ways, in that the stem cells in the tooth entists of the world meet to discuss iting Federal funding to studies on existing cell are likely latent remnants of an early develop- this rapidly advancing field, many of lines. mental process.’’ This article is titled, ‘‘SHED: our key researchers will be stuck here Mr. Speaker, the debate we are having Stem cells from human exfoliated deciduous working with the few stem cell lines today is about slippery-slope fears come trag- teeth,’’ and the authors are Masako Muira, that are considered inoffensive. ically true. But the slope can get far more Stan Gronthos, Mingrui Zhao, Bai Lu, Larry W. The Flat Earth Society will tell you steep from here. Fisher, Pamela Gehron Robey, and Songtao that the U.S. has to show moral leader- Just last week, it was reported that sci- Shi. ship, and just because the over- entists in South Korea created scores of In addition to the studies of stem cells from whelming majority of the world’s sci- cloned human embryos that they then de- dental pulps of deciduous, ‘‘baby’’ teeth, there entific community supports research, stroyed to produce 11 stem cell lines. The age are ongoing studies of stem cells from the it does not mean it is the right thing to of cloning is upon us. periodontium, the region where teeth connect do. Also recently in the news is the creation of to bone. July 8, 2004, again, NIH scientists Frankly, Mr. Speaker, I do not need man-animal hybrids, or chimeras, using animal also say these cells have ‘‘tremendous poten- a lecture from the majority leader on sperm and human eggs, or human sperm and tial’’ to regenerate the periodontal ligament, a moral and ethical leadership. I do not animal eggs. common target of advanced gum—peri- look to those that will not acknowl- The apocalyptic creations are the inevitable odontal—disease. The enthusiasm is based edge the existence of global warming result of what happens when Man and govern- on followup studies, in which the researchers for scientific and ethical leadership. I ment believes it can foster good medical ends implanted the human adult stem cells into ro- do not think the politicians who so ea- from ethically dubious means. dents and found most of them had differen- gerly decided they knew what was best It is bad enough that our government allows tiated into a mixture of periodontal ligament— for Terry Schiavo know much about embryonic stem cell research, or that we have including the specific fiber bundles that attach life, dignity, or suffering. not yet outlawed cloning. The least that we tooth to bone—and the mineralized tissue I stand proudly with millions of can do is prevent the further spending of tax- called cementum that covers the roots of our Americans on behalf of this country’s payer dollars on these ill-advised experiments. teeth. tradition of scientific leadership, and I Mr. Speaker, had either, or both, of the re- While most of this work is coming out of the urge a ‘‘yes’’ vote for H.R. 810. spective stem cell research bills appearing be- intramural program of NIDCR, Dr. Heft shared Mr. DELAY. Mr. Speaker, I yield 1 fore us for debate and been ruled amendable, with me that two involved extramural scientists minute to the gentleman from Ala- I had intended to offer an amendment regard- are Dr. Mary MacDougall, University of Texas bama (Mr. ADERHOLT). ing another alternative to embryonic stem cell Health Sciences Center at San Antonio—also Mr. ADERHOLT. Mr. Speaker, I rise research: stem cells from teeth. President of the American Association for today in strong opposition to H.R. 810. Another promising field of stem cell re- Dental Research—and Dr. Paul Krebsbach, This bill, which we have already heard search comes from our very teeth: stem cells University of Michigan. today, would reverse the embryonic from human exfoliated deciduous teeth, And so, Mr. Speaker, I suggest that we con- stem cell policy instituted by the SHED, aka ‘‘baby’’ teeth. Last week a con- tinue to foster existing, promising, stem cell re- President of the United States in 2001, stituent of mine, Marc W. Heft, DMD, PhD, search that is regenerative, not destructive. and I believe it is very misguided, in Professor and Interim Chair, Department of my opinion. Oral and Maxillofacial and Diagnostic b 1530 I wish to thank the majority leader, Sciences of the College of Dentistry at the Ms. DEGETTE. Mr. Speaker, I yield 2 the gentleman from Texas (Mr. University of Florida, pointed this out to me. minutes to the very distinguished and DELAY), and the gentleman from Flor- The intramural program of the National Insti- patient gentleman from California (Mr. ida (Mr. WELDON) for their work on this tute of Dental and Craniofacial Research, STARK). legislation against H.R. 810. They have IDCR, of the National Institutes of Health, NIH, Mr. STARK. Mr. Speaker, I rise in already outlined many of the reasons has been a leader in this exciting line of re- strong support of H.R. 810. Our research why the bill should be defeated, but I search. On April 21, 2003, NIH scientists re- policies should be decided by scientists would like to share some additional ported that for the first time, ‘‘baby’’ teeth, the and doctors at the National Institutes thoughts. temporary teeth children begin losing around of Health and not by Karl Rove and First, let me say that good people their sixth birthday, contain a rich supply of self-appointed religious gurus. can disagree on this issue. However, stem cells in their dental pulp. The scientists If you believe it is morally superior what we are discussing today is the said that ‘‘this unexpected discovery could to discard a single cell in a freezer Federal funding of the embryonic stem have important implications because the stem rather than to use it to help millions of cell. According to the statement of ad- cells remain alive inside the tooth for a short Americans with Parkinson’s, Alz- ministration policy this morning, the time after it falls out of a child’s mouth, sug- heimer’s, and diabetes, and you are administration strongly opposes pas- gesting the cells could be readily harvested for asked to donate an embryo, then by all sage of H.R. 810. The bill would compel research. According to the scientists, who means refuse to do so. But do not tell all American taxpayers to pay for re- published their findings online today in the my constituents that we cannot allevi- search that relies on the intentional Proceedings of the National Academy of ate their suffering because it might of- destruction of human embryos to ob- Sciences, the stem cells are unique compared fend modern-day Pharisees. tain stem cells, overturning the Presi- to many ‘‘adult’’ stem cells in the body. They Do not tell my constituent Don Reed dent’s policy that supports research are long lived, grow rapidly in culture, and, and his son Roman, who is paralyzed without promoting ongoing destruc- with careful prompting in the laboratory, have from a high school football accident, tion. the potential to induce the formation of spe- that scientists working on stem cell re- There are other vast financial re- cialized dentin, bone, and neuronal cells. If fol- search in California will not be able to sources available to fund this con- lowup studies extend these initial findings, the collaborate with the NIH. troversial issue. Therefore, I urge my

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11016 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 colleagues to vote against and not bryonic stem cell research without de- our government gives researchers the allow embryos to be killed for Federal stroying human life, and that is wrong. wherewithal to simply do their jobs? funding research that is ethically and And it is certainly wrong to fund this Although there are no guarantees, scientifically uncertain. unethical embryonic stem cell research many scientists have told me that em- Mr. STUPAK. Mr. Speaker, I reserve using taxpayer money. And that is pre- bryonic stem cell research offers the the balance of my time. cisely what this legislation would do. best and only hope to discover a cure Mr. CASTLE. Mr. Speaker, I reserve It would use taxpayer money to fund for many, many dreaded diseases. Em- the balance of my time. research which destroys human life. bryonic research offers scientists the Mr. BARTON of Texas. Mr. Speaker, I urge a ‘‘no’’ vote. opportunity to extend life and the I yield 2 minutes to the distinguished Ms. DEGETTE. Mr. Speaker, I yield quality of life for future generations of gentleman from New Jersey (Mr. FER- myself 2 minutes. Americans. GUSON), a member of the Committee on Mr. Speaker, I want to clarify some- As we are debating, other countries, Energy and Commerce. thing. I am actually not sure that other States, other people are moving Mr. STUPAK. Mr. Speaker, I yield 1 those who oppose this bill understand forward with research with all speed. minute to the gentleman from New what this bill really does. We should pass the DeGette/Castle bill. Jersey (Mr. FERGUSON). In 1995, two Members of Congress, Life is too precious to wait. Mr. FERGUSON. Mr. Speaker, I Mr. Dickey and the gentleman from Mr. Speaker, I rise today in support of H.R. thank both gentlemen for yielding me Mississippi (Mr. WICKER), inserted lan- 810, the Stem Cell Research Enhancement this time. guage in the appropriations bill, which Act of 2005. As a founder and co-chair of the The debate over embryonic stem cell is there every year and has been there Congressional Working Group on Parkinson’s research is important because there are every year I have been in Congress, and Disease, I support this legislation that will ex- no more important issues that we deal it says: ‘‘No Federal funds shall be used pand the number of stem cell lines that are with in this Chamber than when we de- to create or destroy embryos.’’ available for federally funded research. I be- bate life and death. Now, those on the other side of this lieve this bill will reopen the doors to scientific Mr. Speaker, as I stand here in this debate say they do not think Federal inquiry, allowing us to be able, once again, to Chamber today, I am a human being. I funds should be used for this research, utilize embryonic stem cells while adhering to am a man, an adult man. Sometime be- even though by their own admission strict ethical guidelines. fore I was a man, I was a teenager. Be- the majority of Americans support this I am and continue to be an opponent of fore that I was a child. And sometime research. And so here is what this bill human cloning. However, I recognize that we before I was a child, I was a toddler. does, and maybe once I explain it, ev- must move forward with ethical research that And before I was a toddler, I was an in- eryone will want to vote for it. could lead to new drug therapies. We owe this fant. And sometime before I was an in- What it says is, People who go to in to those suffering from Parkinson’s disease, fant, I was a fetus. And sometime be- vitro fertilization clinics, there are heart disease, stroke, diabetes, and Lou fore I was a fetus, I was an embryo. I leftover embryos as part of the process. Gehrig’s disease. And we owe this to sci- did not look like I do today, but it was They can decide one of two things: entists who are eager to explore new frontiers me. That embryo was me. Number one, do they want to not dis- of science and medicine, but who are re- At some point in our history, every card the embryos and either donate strained by Federal restrictions. single person here was also an embryo. them to other couples, and they can be Mr. Speaker, I have met with doctors, sci- The gentleman from Texas (Mr. these snowflake children, or to store entists, and researchers in my district’s lead- DELAY), you were an embryo once. The them in a freezer? Or the donors can ing medical institutions who warn of a ‘‘brain other gentleman from Texas (Mr. BAR- decide if they want to throw them drain’’ as their best and brightest relocate to TON), the chairman of the committee; away. Or do they want to donate them places where funding for embryonic stem cell yes, sir, you too were an embryo once. to science? It is their decision with in- research is not restricted. The gentleman from Delaware, the formed consent. I have spoken with lawmakers in the State sponsor of this bill, you were an em- Now, if they decide to donate them, of New York, who have garnered $1 billion in bryo once. The gentlewoman from Col- then what would happen would be the embryonic stem cell research funding, but orado, you too were an embryo once. embryos would go to a clinic where a without Federal funding, stem cell research The gentleman from Michigan, you stem cell line would be developed from will move forward without crucial oversight and were an embryo once. Now, we did not the embryo with private funds. No Fed- guidelines. look like we do today, but it did not eral funds. The only Federal funds used I have been persuaded by directors at the mean it was not you. under the Castle/DeGette bill are Fed- National Institutes of Health who have spoken A human embryo is a member of the eral funds to then develop those embry- out against the White House policy on stem human family. It has its own unique onic stem cell lines. cells. DNA. It is its own human entity. It is Just as the President’s executive And I have been moved by the pleas of my unique. It is irreplaceable, and it is a order in August of 2001 allowed stem constituents who are eager to find cures for member of the species Homo sapiens. It cell lines to be researched with Federal suffering loved ones. is not just a bit of tissue. It is not just, funding, but he limited those lines, we Mr. Speaker, this is a mandate. as some have suggested, a couple of are allowing more of those lines. In 2003, over 900,000 Americans died of cells in a petri dish. It is human and it So no embryos will be destroyed with heart disease and more than 550,000 suc- is alive. It might not look like you or Federal funds. I hope that clarifies the cumbed to cancer. I am sure that many in this me, but there was a time when you and situation. Chamber have seen friends suffer through the I looked exactly like that embryo. Mr. Speaker, I am now delighted to misery of cancer and the indignities of chemo- Today, we are debating embryonic yield 1 minute to the gentlewoman therapy. Who among us has not had a parent stem cell research, a type of stem cell from New York (Mrs. MALONEY). or grandparent look at us with vacant eyes be- research in which a tiny member of the Mrs. MALONEY. Mr. Speaker, I have cause Alzheimer’s has stolen their memory human family must die. That is not never seen such a well-attended debate, away from them? Too many of us have just my opinion; that is a scientific which shows the importance of this watched as our children with Juvenile Diabe- fact. The gentlewoman from Colorado issue; and I rise today on behalf of my tes hold back tears as they give themselves would suggest that under this legisla- father who died of Parkinson’s Disease. insulin injections each day. Mr. Speaker, it tion Federal funds would not be used to I also rise today on behalf of the mil- does not have to be this way. Healing our chil- destroy human life. That is simply lions of Americans like me who have dren, family, and friends is a bipartisan issue. false. watched their loved ones battle the In fact, it is a moral imperative. Those who conduct human embryonic ravages of some dreaded disease. Mr. DELAY. Mr. Speaker, I yield 11⁄2 stem cell research must destroy human I ask my colleagues, How many more minutes to the gentlewoman from life to do so. You cannot conduct em- lives must be ended or ravaged until Pennsylvania (Ms. HART).

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11017 Ms. HART. Mr. Speaker, I thank the now, but they also want to have Fed- But, like many other parents, they would majority leader for yielding me this eral research dollars go toward this. rather donate their embryos for research to time, and I am rising in opposition to This really is all about where tax- help prevent heart disease—like their daughter the legislation that would fund the de- payer dollars go. And when you look at was born with—or cure cancer, Alzheimer’s struction of embryos in order to take the huge book of pork that comes out disease or Parkinson’s. the stem cells for research. every single year, when we go back For Holly and her husband, they decided There are a number of reasons that I home and say to our constituents, that donating their embryos for medical re- oppose the bill. The very first one, would you rather have some of this search would be their best chance to save though, is one of the statements we money going to, for example, some for- other children’s lives. Increasing stem cell re- keep hearing over and over again from eign countries that regularly turn search could find potential cures for many dis- those who support the bill, and that is their backs on us, or would you like to eases that affect so many American families. that these embryos would just be dis- see some significant research done Put another way, the issue of embryos and carded. This morning, I met several from embryonic stem cells that would their ability to be used for stem cell research families, parents with young children be disposed of, the majority of our con- is kind of like a flashlight. Until you put the who are here in Washington. These stituents are clearly going to say, use batteries in, a flashlight will not produce light. children were just like every other the money for significant research. Likewise, only when an embryo is implanted We have to remember that this is not in a uterus to grow, can life be sustained. Em- child, but they were different. And an either/or. Certainly the umbilical bryos sitting frozen in a clinic help no one. they were different because these chil- cord research is a great science. We The embryo does not grow in the frozen state, dren are the snowflake babies. need to move forward with that as well so human life is not being created and nur- They have been referred to a little as the embryonic stem cell research. tured. bit today, but for those just joining the In addition, when the couple stops paying b 1545 argument, the snowflake babies are the daily fees to store the embryos, unless born from what would have been dis- Remember, for this couple and her they have the medical donation option, their carded embryos in fertilization clinics. husband deciding to donate those em- remaining embryos will be disposed of as It is important that we know this, be- bryos, they believe they will be saving medical waste. That would be tragic. cause it is not, no option, that these other children’s lives. They believe Holly and her husband know this fact. They embryos would be discarded or tossed they will be helping an aunt who has know that without the nurturing and love that aside. early-stage Alzheimer’s. They believe a woman’s body provides, these embryos will It is true these embryos are often they will be able to help spinal cord in- be wasted. adopted. And, in fact, the children I jury victims. That is what this re- Science tells us that after as short a time as met today were wonderful evidence of search holds the potential for. No, we eight years, these frozen embryos will begin to that. It looks like these embryos do do not have the cures yet; but unless deteriorate, and lose their viability for implan- not have to be discarded. All they need- we go forward, we never will. I fully tation. ed was a mother and 9 months. support the Castle/DeGette bill, and Mr. Speaker, these embryos are too impor- We do not have to choose between hope other Members do, too. tant to linger in a frozen test tube or to see embryonic stem cell research and cord Mr. Speaker, I rise today in strong support discarded without helping mankind. blood, assuming that only embryonic of H.R. 810, the Stem Cell Research En- Additionally, I have yet to hear in this entire can solve problems. And, in fact, there hancement Act of 2005. I stand with 200 of debate what opponents of H.R. 810 would do is no proof that embryonic stem cell America’s most respected research organiza- with those embryos that are not adopted, and research can be successful. This list on tions in support of this bill. eventually go to waste in a cryogenic freezer. the left on this chart shows all the dif- I would like to especially thank Congress- Would they want those embryos to be ferent treatments currently using men CASTLE and DEGETTE for their tireless ef- thrown out as medical waste, or instead help adult stem cells. On the right is the forts on behalf of the millions of people who provide the basis for life-affirming scientific re- list of success with embryonic stem may benefit from enhanced stem cell re- search? cells. It is a pretty empty list. search. Holly and her husband know that the great I encourage my colleagues to reject I would also like to thank Speaker HASTERT potential and promise of stem cell research the false promise of embryonic stem and Leader DELAY for the debate today and will not move forward without their donated cell research and reject this legisla- for giving the 200+ cosponsors of this legisla- embryos and their support. tion. tion a vote on the House floor. However, it is their respect for the culture of Mr. STUPAK. Mr. Speaker, I reserve I rise today as a mother, as a concerned life that has brought them to this decision. the balance of my time. grandparent, and as someone who is worried They have weighed the choices available to Mr. CASTLE. Mr. Speaker, I yield 2 that the untapped potential of stem cell re- them, and rather than donating the embryo for minutes to the gentlewoman from search may be falling by the wayside. adoption, have chosen to let their embryos po- In my congressional district on the gulf Florida (Ms. GINNY BROWN-WAITE). tentially save millions of lives. Ms. GINNY BROWN-WAITE of Flor- coast of Florida, I have had the pleasure of Thousands of people around the country ida. Mr. Speaker, I come from Florida, meeting Holly, a 47-year-old mother of two. have made similar decisions to support life-af- Like many Americans, Holly and her hus- and a lot of people think that only re- firming and life-enhancing research. band had trouble getting pregnant, and their H.R. 810 will give hope where hope does tirees and seniors live in Florida, but I first daughter was born through in vitro fer- not exist. want to put a face on a couple that was tilization. Passage of this bill today will let the re- very successful with in vitro fertiliza- Her daughter was born with a congenital search on stem cells continue under ethical tion. They are 47 years old. They had a heart condition, and had three surgeries be- guidelines, and will provide millions of Ameri- daughter born as a result of in vitro fore her second birthday. cans suffering from terminal diseases the fertilization. The child was born with As with most in vitro fertilization procedures, hope that they have been denied. multiple heart problems and had to Holly and her husband had several embryos All these organizations listed on this have three surgeries before she was 2 left over after the procedure. They chose to posterboard, such as the American Academy years old. keep the remaining embryos frozen. for Cancer Research and the American Med- This couple believes that far more This couple was then blessed by a second ical Association, support H.R. 810. I urge my good can come from donating the re- miracle daughter who was conceived without fellow Members of Congress to vote yes on maining embryos for research. They in vitro fertilization The happy couple decided the bill have decided not to have any more not to have any more children, and had to Mr. BARTON of Texas. Mr. Speaker, children. And ultimately what we have make a choice about what to do with their fro- I reserve the balance of my time. not heard here is what the American zen embryos. Ms. DEGETTE. Mr. Speaker, I yield 1 people want. This is a couple that Holly and her husband are well aware of minute to the gentlewoman from Cali- wants to be able to donate the em- Operation Snowflake and the adoption options fornia (Ms. PELOSI), the distinguished bryos, which certainly they can do for their embryos. minority leader.

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Ms. PELOSI. Mr. Speaker, this is an cell research. We in California will be- Colorado (Ms. DEGETTE) have given us important day for us in Congress. I my- come the regenerative capital of Amer- the opportunity to move forward, again self am deeply indebted to the gentle- ica, indeed, probably of the world. But to answer the prayers of America’s woman from Colorado (Ms. DEGETTE) this should be happening all over the families, to meet their needs, to allow and the gentleman from Delaware (Mr. country, and it should not depend on the science to use its Biblical power to CASTLE) for their great leadership and the local initiative of the State. That cure; and for that I am deeply in their courage in bringing this legislation to is good, but it should be coming from debt. the floor. I thank the gentleman from the leadership of the Federal Govern- Mr. DELAY. Mr. Speaker, I yield 2 Delaware (Mr. CASTLE) and the gentle- ment with the ethical standards that minutes to the gentleman from Lou- woman from Colorado (Ms. DEGETTE). go with it. We have ethical standards isiana (Mr. BOUSTANY), a heart surgeon, This is important legislation because in California. They should be uniform a graduate from LSU, and chief resi- every family in America, every family throughout our country. dent of thoracic and cardiovascular in America is just one phone call away, To some, this debate may seem like a surgery at the University of Rochester one diagnosis, one accident away from struggle between faith and science. in Rochester, New York. needing the benefits of stem cell re- While I have the utmost respect, and Mr. BOUSTANY. Mr. Speaker, I search. We want all of the research to the gentlemen know I do, for those who thank the majority leader for yielding proceed, the umbilical cord research oppose this bill on moral grounds, I be- me this time. that we talked about this morning, and lieve faith and science have at least Mr. Speaker, I rise to vigorously op- adult stem cell research. That is all one thing in common: both are pose H.R. 810. It is ethically wrong to very important. But we must have the searches for truth. America has room destroy human life, and H.R. 810 would embryonic stem cell research if we are for both faith and science. allow for Federal funding to destroy truly going to have science have the Indeed, with the great potential for human embryos. potential it has to cure diseases. medical research, science has the As a heart surgeon, I have dealt with I served for many years, probably 10, power to answer the prayers of Amer- life and death. I have held damaged on the Labor-HHS subcommittee which ica’s families. I believe strongly in the hearts in these hands, and I have seen funds the National Institutes of power of prayer; but part of that prayer how powerful human emotions, coupled Health. So I have studied this issue is for a cure, and science can provide with hope, can be; but human emotions over the years. What we are doing here that. coupled with false hope and misin- today is recognizing the miraculous Many religious leaders endorse the formation are dangerous. power to cure that exists at the Na- Castle/DeGette bill because of their re- Embryonic stem cells have not pro- tional Institutes of Health and in other spect for life and because they believe duced a single human treatment and institutes of excellence in research science, within the bounds of ethics have significant limitations. They are throughout our country. We are recog- and religious beliefs, can save lives and prone to transplant rejection, prone to nizing the miraculous, almost Biblical improve its quality. Groups as diverse tumor formation, and there is a signifi- power that science has to cure. as the United Church of Christ, the cant risk for contamination with ani- And what we have said, what we are Union for Reform Judaism, the United mal viruses. saying here today is nothing that Methodist Church, the Episcopal Proponents of embryonic stem cell should not be considered of value. What Church, and the Union of Orthodox research are certainly aware of these we are saying is when these embryos Jewish Congregations of America all problems, and that is why they view are in excess of the needs of in vitro support this bill. H.R. 810 as a stepping stone to human fertilization, rather than be destroyed, The Union of Orthodox Jewish Con- cloning. they will be used for basic biomedical gregations of America says the tradi- Adult stem cells have been used to research. tional Jewish perspective emphasizes treat 58 human diseases, and they do so It is interesting to me because when the potential to save and heal human without taking away what we are try- I first came to the Congress, some of lives is an integral part of valuing ing to preserve in the first place: life. the same forces out there that are human life. Yes, life. against this embryonic stem cell re- The Episcopal Church in its letter in For example, heart disease, the num- search were very much against in vitro support of this legislation says: ‘‘As ber one cause of death in the United fertilization. It is difficult to imagine stewards of creation, we are called to States, coronary artery disease, has that now, but they were against in help men and renew the world in many been successfully treated with adult vitro fertilization and considered it not ways. The Episcopal Church celebrates stem cell therapies; and there have to be on high moral ground. medical research as this research ex- been 10 clinical trials that have been The research is going to occur with pands our knowledge of God’s creation completed in human patients using Federal funding or without. It should and empowers us to bring potential bone marrow-derived adult stem cells not occur without high ethical stand- healing to those who suffer from dis- to treat heart attack patients, dam- ards that the Federal funding can bring ease and disability.’’ This is what they aged hearts. to it. In order for our country to be wrote, and much more, in support of And in one trial, patients who were preeminent in science, we must have this legislation. bedridden, not able to walk, were found the most talented, the most excellent It is our duty to bring hope to the to be jogging on the beach or climbing scientists. They will not be attracted sick and the disabled, not to bind the eight flights of stairs after successful to a situation which limits scientific hands of those who can bring them treatment. inquiry. As we all know, in science as hope. I believe God guided our re- Mr. Speaker, it is irresponsible to in business, talent attracts capital, the searchers to discover the stem cells spend scarce Federal dollars on false capital to build the labs and all that is power to heal. This bill will enable promises when there are certainly al- needed to do the research, and those science to live up to its potential to ternatives with existing treatments labs in turn attract the excellent sci- again answer the prayers of America’s that do not create an ethical dilemma. entists, and that makes us first in the families. And for these reasons, I oppose H.R. 810 world, preeminent in science. We can- I urge all of my colleagues to support and urge my colleagues to vote ‘‘no’’ not allow this important endeavor to this bill, thank all of our colleagues on on this as well. go offshore. both sides of this issue for their very Mr. CASTLE. Mr. Speaker, I yield 1 I am particularly proud of my State dignified approach to how we are deal- minute to the gentleman from Illinois of California where the people of Cali- ing with this legislation today, but (Mr. KIRK). fornia in a bipartisan way, as we are also say that today is a historic day, Mr. KIRK. Mr. Speaker, today the po- doing today, voted a commitment of that the gentleman from Delaware (Mr. litical center will hold with Nancy resources to invest in embryonic stem CASTLE) and the gentlewoman from Reagan, and this Congress will stand

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There is a moral di- Our Constitution stands at its heart for them, but I want to see the funding mension in most of the serious issues for the principle of the dignity of every go in the direction where we can see that we must face. individual and this idea is certainly success, where that direction has been Would I like to support embryonic central to our government and people. achieved and we will continue to see stem cell research without a question But there is a key American principle that. of ethics because it might assist my at the heart of our people that predates But above all, let us remember that brother? Sure. Would I like to see em- the Constitution. Nearly all of us are there are other things in medical re- bryonic stem cell research in the area the sons and daughters of people who search and medical ethics which come of cancer where it might have helped took risks to come to build a new life together here because you cannot di- one of my sisters who has had cancer? in a new world. If there is one Amer- vorce the two. If we say it is all right Yes. Would I like to see it in terms of ican character that totally distin- to use lethal methods in our research research of cancer that plagues 4-year- guishes us from all other countries, it to remove the life of an embryo, what old children like my nephew? Of is that Americans are innovators, ex- next? What next? course. But can we divorce all of that plorers, inventors and scientists. We Ms. DEGETTE. Mr. Speaker, I am from the ethical norm that we must take risks, we try new things; and for pleased to yield 2 minutes to the dis- present here? 200 years the future came first to tinguished gentleman from Massachu- We look back in history and, yes, Americans, the most dynamic and for- setts (Mr. MARKEY). America has oftentimes promoted ward-thinking people in all of human Mr. MARKEY. Mr. Speaker, twelve science. But America has made mis- history. million baby boomers will have Alz- takes in the past. The worst mistakes We invented the telephone, the radio, heimer’s. Three million baby boomers we have ever made in the history of the airplane, we eradicated polio. will suffer from Parkinson’s disease. this Nation have been when we have Americans now receive more Nobel Juvenile diabetes, Lou Gehrig’s dis- defined a part of the human family as Prizes in medicine than all other Euro- ease, spinal cord injuries will wreak less than fully human and then done pean countries combined. We stand for havoc on the daily lives of millions of things to them that we would not allow innovation and leadership, and this American families. These diseases are done to ourselves. Congress should ensure that American going to bankrupt the health care sys- We have done it with slavery. We patients never have to leave our shores tem of our country unless we take ac- have done it with the Tuskegee med- to find a cure. tion. Today, we can take dramatic ac- ical experiments. Other countries have Mr. BARTON of Texas. Mr. Speaker, tion, a step, to deal with this looming done it as well. The commonality among all of those mistakes, the great- I yield 1 minute to the gentleman from crisis. Pennsylvania (Mr. MURPHY), a distin- President Bush has threatened to use est mistakes in our Nation’s history, guished doctor on the Committee on his first veto to prevent scientists from has been the ease with which we de- fined members of the human family as Energy and Commerce. using Federal funds to search for these less than fully human. Mr. PITTS. Mr. Speaker, I yield 1 cures. This is wrong. Stem cell re- minute to the gentleman from Penn- We are talking about embryonic stem search is the light of life, the way out cell research that requires the destruc- sylvania (Mr. MURPHY). of the darkness, the life-giving, life-en- Mr. MURPHY. Mr. Speaker, Leon tion of the embryo, the destruction of hancing, life-extending path to hope. Koss said that good things men do can part of the human family. We should Hope is the most important four-let- be made complete only by the things remember that as we talk here today. ter word in the language. We must vote they refuse to do. We should resolve doubt in favor of life Now I have no doubts about the com- for hope, vote for life, vote for a bright- as we do in our criminal justice sys- passion and convictions of both sides er future for all of our loved ones. Vote tem, as we do in our civil law system. on this issue, but I take issue with the for hope for a small girl forced to stick Mr. STUPAK. Mr. Speaker, I yield direction of their convictions, because a needle three times a day into her myself such time as I may consume. in the end a life without a name is still young arm. Vote for hope for a beloved Mr. Speaker, as this debate has gone a life. mother whose loss of balance leads to on, and it has been a good discussion Words cannot take away that this is falls in the night. Vote for hope for a here today, I think it is worthwhile to a life. By calling them ‘‘discarded’’ or spouse who realizes that his memory of come back to where we are on this ‘‘unwanted’’ embryos does not take life and family are dissolving into a whole issue here. away that they are still lives. While forgetful haze. The embryonic stem cell research we some may see this as scientific efforts Vote ‘‘yes’’ so that the next genera- are debating here today is controver- of ingenuity and future Nobel Prize tion of children will have to turn to the sial because of the means of obtaining work, it does not take away the history books to know that there ever these cells. Research involving most lethality of this research. was such a thing as juvenile diabetes or types of stem cells, those derived from Further, let me state that President Parkinson’s or Alzheimer’s or any of adult tissues or the umbilical cord, is Clinton’s Bioethics Council stated: these plagues that affect our Nation uncontroversial except, as we saw, the ‘‘Embryos deserve respect as a form of today and are going to turn into a cri- second issue here today is, how effec- human life.’’ In 1999 the council said: sis in the next generation. tive is it? Is embryonic more effective ‘‘Funding of embryonic stem cell re- Mr. PITTS. Mr. Speaker, I yield 2 than cord? Are embryonic stem cells search should be done only if there are minutes to the gentleman from Cali- more effective in treating injuries and no alternatives.’’ The research that we fornia (Mr. DANIEL E. LUNGREN). illnesses than the adult tissue stem have reviewed today and has been re- Mr. DANIEL E. LUNGREN of Cali- cells? viewed by this Congress in the past fornia. Mr. Speaker, I am one of seven So we sort of have a two-pronged ar- when these amendments have been children. I am the second oldest. My gument here yet: How do you obtain looked upon over the last decade, is older brother John is 2 years and 2 days the stem cells and, secondly, the effec- that there is still no alternative in the older than I. We grew up together clos- tiveness of adult versus embryonic sense that the research is showing that er than any other members of the fam- stem cells. cord blood stem cell research and adult ily. But I think in this whole issue here, stem cell research is where the results After I left this House on the first oc- we sort of lose questions. Before we are found. casion, within 2 years, my brother de- even get to those questions, I think we veloped Parkinson’s. He has now suf- should look at it and say, what is the b 1600 fered with it for 15 years. I have ethical consideration of the human na- I have as much compassion as any- learned a lot of things from my broth- ture, and that should be the first ques- body. I have worked with develop- er, but one of the things I learned most tion we should ask, not what are the

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11020 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 means we obtain it by, what is left over hope that longer, better-quality lives The campaign for federal funding of embry- when we obtain the embryonic stem are possible. That is what this bill is onic stem cell research has been a campaign cells, or what is its effectiveness. about. It will expand the ability of the of half-truths, and at times, outright deception. I think we have to look at the ethical National Institutes of Health to fund Advocates of federal funding for destructive considerations. Because cloning is one this research and improve the chances embryonic stem cell research do three things method to produce embryos for re- for finding new treatments and cures. consistently: search, the ethical issues surrounding As we have discussed, each year (1) Obfuscate the fact that a living human cloning are also relevant. In fact, I be- thousands of embryos no bigger than embryo is killed in the process of extracting lieve those ethical issues should really the head of a pin are created in the the cells. be the first question we should ask be- process of in vitro fertilization. A (2) Obfuscate the fact that there have been fore we debate the means of obtaining, small percentage of these embryos are no cures, treatments, therapies, or even clin- or even the effectiveness of the pro- implanted and, hopefully, become ical trials using embryonic stem cells. posed treatment. much-longed-for children. Some of the (3) Obfuscate the fact that there is unlimited I would hope that life would triumph rest will be frozen, but most are dis- private funding allowed for embryonic stem hope and the question is really before carded. cell research. we even get into effectiveness or They will not be used to create life, As Chairman of the Government Reform means, but what is the human nature they will never become children, they Subcommittee on Criminal Justice, Drug Pol- consideration? That should be the first will be lost without purpose. But under icy and Human Resources, I sent a letter to question we should answer. H.R. 810, with the informed consent of the Director of the National Institutes of Health Mr. Speaker, I reserve the balance of the donor, under strict ethical guide- in October, 2002 requesting a detailed report my time. lines, these embryos can be used to providing comprehensive information about the Mr. CASTLE. Mr. Speaker, I reserve give life to millions of Americans. medical applications of adult and embryonic the balance of my time. Today, we can give this hope to mil- stem cells. It took almost two years to get a Mr. BARTON of Texas. Mr. Speaker, response from the NIH, and the response I reserve the balance of my time. lions who have little to hope for now. This is an historic opportunity. I omitted many of the advances, applications Ms. DEGETTE. Mr. Speaker, I am and trials for adult stem cell research that had pleased to yield 3 minutes to the dis- urge my colleagues to do the right thing, to support lifesaving medical re- already been reported in peer reviewed jour- tinguished gentlewoman from Cali- nals. The one thing that was complete in the fornia (Mrs. CAPPS). search. Support H.R. 810. NIH response to our oversight request, was Mrs. CAPPS. Mr. Speaker, as my col- Mr. PITTS. Mr. Speaker, I yield 1 the listing of applications for embryonic stem league from Massachusetts eloquently minute to the gentleman from Indiana stated a minute ago, today this House (Mr. SOUDER). cells: zero. The applications for embryonic stem cell re- has a historic opportunity to vote for Mr. SOUDER. Mr. Speaker, I would search was zero then, in June of 2004, and hope, hope for millions of Americans like to share a letter from a young girl it’s zero now. The human applications for adult suffering with devastating diseases. in my district: stem cells currently number 58, and range These patients, their doctors and sci- ‘‘Dear House of Representatives: from lymphoma to chrones disease to heart entists, have reason to hope, the poten- ‘‘My name is Kelsea King. I am 14 years old and have been dealing with damage to immunodeficiency syndrome. tial that embryonic stem cell research Finally, let me be clear: there is no ‘‘ban’’ on has for developing new treatments for diabetes for nearly 3 years now. There are many challenges in having this dis- embryonic stem cell research. There is no limit these devastating diseases. to the amount of private money that may be One of my dearest friends recently ease, both physical and emotional. devoted to this research. The research is died of ALS, or Lou Gehrig’s disease, Though it may be hard to believe, the being conducted throughout the country. The which causes fatal destruction of nerve emotional pain greatly outweighs the critical fact is that we are responsible for the cells. The slow death sentence that physical pain. public purse, and forcing the public to fund ALS gives its victims is brutal. The ‘‘My sister, Kendall, was also diag- unproven research where living human em- disease took away my young friend nosed with diabetes 2 years ago. She is bryos are destroyed is completely unconscion- Tom’s ability to control his own mus- now 7. It is very hard going through able. If private industry sees promise in em- cles, paralyzing them and ultimately life knowing that both our lives could bryonic stem cell research, you can be certain making it impossible for him to be shortened by this disease. It is also that investors will find it. But the public should breathe. Stem cell research provides very difficult knowing what this dis- not be forced to subsidize a speculative ven- hope, not for Tom but for future ALS ease makes us prone to, such as heart ture involving destruction of human life. victims. Scientists believe they can use disease, liver problems, blindness and Fourteen-year-old Kelsea King, an articulate stem cell research to replace the dev- in extreme cases loss of limb. But the young constituent of mine, has Juvenile Dia- astated nerve cells that ALS leaves be- most difficult part of all is worrying betes. Her struggle with this disease is emo- hind. about passing out due to low blood sug- tionally and physically challenging, but she is With heart disease affecting so many ars, or being hospitalized. It is too strongly opposed to the idea of developing a of us in this Nation, the promise of em- large of a responsibility and too large cure that would involve the destruction of bryonic stem cell research has ad- of a burden for any 7-year-old and even human life. As she wrote in a letter to me, ‘‘I vancements for the human heart which for a 14-year-old. believe it is very wrong to take innocent lives are incredible to think of. Instead of ‘‘As you can see, my need for a cure for any reason, even if it benefits me.’’ I am patients suffering because their heart to this disease is very great. But I do submitting Miss King’s letter in its entirety for cells are failing and no longer able to not want a cure if it takes the lives of the record. pump blood, new ways could be discov- others. I do not support embryonic H.R. 810 requires the public to pay for de- ered to replace those cells. stem cell research. I believe it is very And with regard to cancer, stem cell wrong to take innocent lives for any structive embryonic research that has no cur- research has enormous potential. For reason, even if it benefits me. There rent applications. It’s an empty promise to the example, it could facilitate the testing are other ways of a cure. We just need millions who suffer with disease, and would of new medications and treatments, proper funding. If we work together, we surely pave the way for embryo cloning. I am voting against H.R. 810, and I urge my not in time for my daughter’s life, but can find a cure through adult stem cell colleagues to do the same. for her young children’s generation. We research. cannot afford to wait. ‘‘My hope and prayer is for my sister AVILA, IN, And it could be used to grow bone and I to be cured before we are adults May 23, 2005. DEAR HOUSE OF REPRESENTATIVES, my marrow that matches a patient and is so we can both live long and healthy name is Kelsea King. I am fourteen years old not rejected by his or her body. lives. No one deserves diabetes but ev- and have been dealing with diabetes for near- In each of these cases, stem cell re- eryone deserves a cure through adult ly three years now. There are many chal- search holds out promise. It provides stem cell research.’’ lenges in having this disease, both physical

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11021 and emotional. Though it may be hard to be- tant that we not only pass this legisla- I have met with ethicists, scientists, lieve, the emotional pain greatly outweighs tion today, but that the President two priests, and my own minister to the physical pain. My sister, Kendall, was signs this bill into law. talk about this agonizing decision. But also diagnosed with diabetes two years ago. Sometimes ideology can box you in when presented with an embryo, an She is now seven. It is very hard going and cause you to make wrong and through life knowing that both our lives embryo that cannot live outside a uter- could be shortened by this disease. It is also harmful decisions. I think it is time we us, an embryo that is going to sadly be very difficult knowing what this disease recognize the Dark Ages are over. thrown out as medical waste, and the makes us prone to, such as heart disease, Galileo and Copernicus have been prov- lives of little James Wood and young liver problems, blindness, and in extreme en right. The world is in fact round. Cody, I ask do they not have as much cases, loss of limb. But the most difficult The earth does revolve around the sun. of a right to life as that embryo that is part of all is worrying about passing out due I believe God gave us intellect to dif- going to be tossed away? to low blood sugars, or being hospitalized for ferentiate between imprisoning dogma I had dinner last Thursday night with ketoacidosis (which is caused by blood sugar and sound ethical science, which is being too high). It is too large of a responsi- my daughter and her friend, Will Coff- what we must do here today. man. Will’s story is much like Cody’s. bility and too large of a burden for any I want history to look back at this seven-year-old, and even for a fourteen-year- We talked and talked about this issue. old. Congress and say that in the face of the And Will said to me, We may never As you can see, my need for a cure to this age-old tension between religion and know how the story will end, but disease is very great. But I do not want a science, the Members here allowed crit- please do not let the story end right cure if it takes the lives of others. I do not ical scientific research to advance now. support Embryonic Stem Cell Research. I be- while respecting important ethical Mr. Speaker, my pro-life credentials lieve it is very wrong to take innocent lives questions that surrounded it. are unquestioned. Who can say that for any reason, even if it benefits me. There are other ways of a cure; we just need proper b 1615 prolonging a life is not pro-life? Tech- funding. There is no proof that Embryonic We know that by allowing embryonic nology and faith continue to present Stem Cell Research is better or more suc- stem cell research to go forward, treat- agonizing decisions and conflicts. Each cessful than Adult Stem Cell Research. If we ments and prevention for diseases will life is precious, and so I must follow work together, we can find a cure through not come to us overnight. But we also my heart on this and cast a vote in Adult Stem Cell Research. favor of H.R. 810. My hope and prayer is for my sister and I know embryonic stem cell research has the potential to yield significant sci- Mr. DELAY. Mr. Speaker, I reserve to be cured before we are adults so we can the balance of my time. both live long and healthy lives. No one de- entific advances to heal and prevent so serves diabetes, but everyone deserves a cure many diseases throughout the world. Mr. STUPAK. Mr. Speaker, I reserve through Adult Stem Cell Research. My sister Mr. CASTLE. Mr. Speaker, I reserve the balance of my time. and I need this, as well as the millions of the balance of my time. Mr. CASTLE. Mr. Speaker, I yield 2 other children in America who are afflicted Mr. BARTON of Texas. Mr. Speaker, minutes to the gentleman physician with this disease. Please help us—support I reserve the balance of my time. from the State of Michigan (Mr. Adult Stem Cell Research! Ms. DEGETTE. Mr. Speaker, I yield 3 SCHWARZ). Sincerely, minutes to the gentlewoman from Mis- Mr. SCHWARZ of Michigan. Mr. KELSEA KING. souri (Mrs. EMERSON). Speaker, I have been a physician for 41 Mr. STUPAK. Mr. Speaker, I yield 2 Mrs. EMERSON. Mr. Speaker, I have years; and like my good colleagues who minutes to the gentleman from Con- a profound deep and abiding belief in will not be supporting this bill, I would necticut (Mr. SHAYS). the right to life. I have introduced a expect we could tell the Members sto- Mr. SHAYS. I thank the gentleman constitutional amendment to ban abor- ries of all the blood and gore and prob- for yielding me this time. tions every session of Congress since lems that we have waded through in Mr. Speaker, the gentleman from 1997 and have a perfect pro-life voting those years and done our very best. I Delaware (Mr. CASTLE) and the gentle- record. also consider myself a guy who is pret- woman from Colorado (Ms. DEGETTE) Two years ago I visited the Bader ty much pro-life. deserve our thanks for sponsoring the Peach Orchard in Campbell. I met the This bill is not cloning. It is not so- Stem Cell Research Enhancement Act Baders’ son, Cody, after my tour. Cody matic cell nuclear transfer. It is sound and working with so many families is a handsome and articulate young science. For those who have an ethical who have been impacted by diseases man who happens to live in a wheel- problem with the bill, I accept the fact that may find cures as a result of this chair because of a car accident. Cody that they have that problem and hope vital research. Their work and dedica- asked that I rethink my opposition to that at some point in the future we can tion on this legislation has been tre- embryonic stem cell research because sit down and discuss this issue. But for mendous and praiseworthy. I also he thought that one day if it did not now they will have their position; I thank them for giving me the oppor- help him, it might just help another will have mine. tunity to cast one of the most impor- young person like him. I later wrote a Stem cell research, especially embry- tant votes I will ever make in Con- note to Cody’s family telling them that onic stem cell research, is going to go gress. even after hearing his story, I could on apace very rapidly in all parts of the Almost everyone has lost some fam- not do as he asked. And I have regret- world, whether it is Singapore or Korea ily member prematurely. I think of the ted writing that letter ever since. or Japan or China or the United King- grandmother, whom I never met, who My friends Joel and Dana Wood have dom or Canada, other places on conti- died when her daughter, my mother, a son James, who was diagnosed with nental Europe. We are being left behind was only 16. I think of my mother-in- muscular dystrophy when Dana was 9 in this. We have the finest universities law who never had the opportunity to months pregnant. James may never see in the world, the finest researchers, the know her grandchild who is now 25. I his 21st birthday, and this is just heart- ability to bring stem cell research to a think of my cousin, who was brilliant breaking. My late husband, Bill Emer- point where we will, indeed, have cures and never got to realize his full poten- son, and his mother, Marie, who passed for everyday problems such as diabetes, tial. away last night, both suffered from dis- such as Parkinson’s, such as Alz- Embryonic stem cell research has the eases for which stem cell research heimer’s, and perhaps even being able potential to cure disease and save lives holds much hope: cancer and dementia. to create neuronal cells to take care of in ways never dreamed of. And it is Embryonic stem cells are the only ave- people who have spinal cord injuries. only 6 years old. These are discarded nue for research we know of now that Science will march on. embryos that were never in the womb. can possibly help alleviate those two I believe this bill helps the living. They were not taken from it and they diseases. Neither adult stem cells nor Can there be any doubt that the poten- were not put into it. But they can help cord blood are plausible for the study tial of relieving widespread suffering save lives. That is why it is so impor- or treatment of brain tissue. with embryonic stem cells is morally

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11022 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 superior to simply destroying the ex- them to be used to bring life, to save Mr. Speaker, the debate on stem cell cess embryos? How can we call our- life, to preserve life? If these cells have research challenges all of us to think selves a culture of life when we ignore any future, it is through curing dis- carefully about the value we place on the living, when we ignore the infinite ease. If Members wish to give them human life. Many of us turn to our potential of embryonic stem cells? life, then let them give life to others. faith traditions for guidance and wis- The SPEAKER pro tempore (Mr. This is their only hope, and it is our dom. None of us has the right to legis- LAHOOD). The order of closing will be best hope. late our religious beliefs and impose in this order: the gentleman from Dela- Dr. Connie Davis, the medical direc- them on others. But as Members look ware (Mr. CASTLE) first, the gentleman tor of University of Washington’s Kid- to the teachings of their faiths for from Michigan (Mr. STUPAK) second, ney and Kidney-Pancreas Transplant guidance, I ask them to remember that the gentleman from Texas (Mr. DELAY) Program, put this discussion in per- not all faiths hold that stem cell re- third, the gentlewoman from Colorado spective when I was talking to her yes- search is the enemy of life. The reli- (Ms. DEGETTE) fourth, and the gen- terday. She reminded me that the do- gious traditions of many of us do not tleman from Texas (Mr. BARTON) will nation of a kidney used to be a con- tell us that a 14-day-old blastocyst has close. troversial issue in this country. It is no the same moral significance as a Ms. DEGETTE. Mr. Speaker, I yield 2 longer so. human being and do tell us that the ob- minutes to the gentleman from Wash- Our bill allows donors of these stem ligation to preserve life, which includes ington State (Mr. MCDERMOTT). cells to make a donation decision, a do- the obligation to cure disease and al- Mr. MCDERMOTT. Mr. Speaker, nation to research. A narrow segment leviate human suffering, is paramount. while Europe and Singapore and Cali- of our Nation did not stop lifesaving I understand and respect the faith of fornia and Korea are moving forward in kidney donations, and a narrow seg- all of my colleagues. It is a sincere an effort to relieve human suffering, ment should not stop embryonic stem faith that reveres life. I ask them to the United States Congress, 435 cell research. Healing is a moral thing accord that same respect to the faiths theologians, have gathered here to de- to do. of others. cide a values decision. We have no I met a man at the Transplant Asso- Unfortunately, words have some- guidance. There was no in vitro fer- ciation the other day. He and his wife times been used carelessly, and these tilization or stem cell research when had, in fact, had an in vitro fertiliza- words sometimes denigrate the faith of Jesus walked on the Earth. We are left tion. He had other additional embryos others. When the teachings of a faith to make the decision on our own. that were available. He wanted to are described as ‘‘a culture of death’’ The decision comes down to this: a make those available to cure people because they hold that the potential to man and woman come in to a physi- with diabetes and Parkinson’s disease, save and heal human lives is an inte- cian. He presents some semen. She pre- and he had one thing he asked me. He gral part of valuing human life, that sents some eggs. They put them in a said to me, Let me and my wife make faith and its adherence are being slan- jar or they put them in a petri plate, that moral judgment, not the 435 dered. How dare anyone slander the and it becomes an embryo. They have strangers who know nothing about my faiths of many Americans as ‘‘a culture several of them; so they use one. They moral interior values or my life. of death.’’ God does not speak to one That is an American right to dona- put it in the mother. She has a baby. faith alone. tion. We should preserve it and pass We hear lots of speeches about re- And there are a bunch left. Now what this bill. specting people of faith and the need to shall we do with those? Shall we throw Mr. DELAY. Mr. Speaker, I yield 1 bring faith into the public square. The them down the sink, wash them away, minute to the gentleman from Arizona people who make those speeches should or shall we use them to help people (Mr. RENZI). respect all faiths. We should vote our who have terribly debilitating dis- Mr. RENZI. Mr. Speaker, I thank the consciences, but we should not deni- eases? That is what this issue is about. leader for yielding me this time. grate the faith and consciences of the Like the last speaker, I am a physi- I recall being taught that the mus- millions of Americans who seek to pre- cian. I have counseled people who were tard seed is the smallest of all seeds, serve life and end suffering and who be- dying with Lou Gehrig’s disease. To and yet it grows into the mightiest of lieve that embryonic stem cell re- watch somebody drown in their own se- trees. And the same can be said of the search can save lives and therefore em- cretions, someone that you know and human embryo, something so very bodies the highest morality. care about, and then come in here and small, so unseen by the human eye, and b 1630 say we are not going to look for a way yet so special at the very beginning of to relieve that kind of agony, we will life that it needs to be safeguarded. Mr. CASTLE. Mr. Speaker, I yield 1 not worry about a 13-year-old kid who The real heart of this argument is minute to the gentleman from Cali- gets diabetes and has to give himself whether something so innocent should fornia (Mr. CUNNINGHAM). thousands and thousands of shots and be killed and whether Americans Mr. CUNNINGHAM. Mr. Speaker, loses the length of life that most of us should pay to facilitate the govern- most of my colleagues that support expect because of that disease; we will ment-sanctioned experimentation on this bill are from the pro-choice field. I say to them, well, Jesus wanted us to human life based upon a prospect, come at it from the pro-life section. A do this. I do not remember the Lord based upon a maybe, based upon a pos- lot of times I disagree with my col- ever saying that. I do not ever remem- sibility, based upon the potential. leagues because I think in some cases ber his saying, I gave you a brain, you The government already takes 285 they would go further, and a fact that human beings. I do not want you to fig- million of our tax dollars each year and many people will not take under their ure anything out. I do not want you to funnels it into pro-abortion organiza- wing is that many of these stem cells make it any better. tions. The leadership of the gentleman are going to be thrown away, either This is a perfectly good values judg- from Delaware (Mr. CASTLE) under- cryogenically they deteriorate and ment on which everybody should vote mines my ability to love my country, they throw them away, or a woman ‘‘yes.’’ undermines our patriotism. says ‘‘I don’t want to keep them for Ms. DEGETTE. Mr. Speaker, I yield I say stand fast against the secret 1,000 years’’ and they discard them. 11⁄2 minutes to the gentleman from pollsters and vote ‘‘no’’ on this legisla- They literally throw them in the toi- Washington State (Mr. INSLEE). tion. let. Mr. INSLEE. Mr. Speaker, I come to Ms. DEGETTE. Mr. Speaker, I yield 2 Now we can save life. They say there speak for life, life for people with dia- minutes to the gentleman from New is no good to be done. Animal studies betes, life for people with Parkinson’s, York (Mr. NADLER). have shown that work with the spinal life for people with damaged hearts. Mr. NADLER. Mr. Speaker, I thank cord, heart and others have been suc- What possible benefit is it for life to the gentlewoman for yielding me this cessful. We have not done it on hu- discard these cells without allowing time. mans. If you take a look at some of the

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11023 blood diseases with bone marrow used, researchers who see the promise are We are now on the threshold, we are that is stem cell. leaving the National Institutes of now on the threshold of debating an And we have hope in the future. I Health. It means the edge that this issue that can bring hope to our people. met a young man that had AIDS at country has had as a leader of research It is up to us to have an ethical stand- NIH, and he only thought about dying. is now falling behind and we look to ard in this debate. That is why no He said, ‘‘Duke, all I need is hope to other countries who are going to take human cloning is a part of the bill that survive.’’ This gives that hope, and I our place. I support. Why? Because no one sup- think it has promise. For the sake of those who are suf- ports that. Mr. DELAY. Mr. Speaker, I yield 1 fering, for the sake of what science can The American people are decent and minute to the gentleman from New bring to us, for the sake of life, I urge they want an ethical standard, but Jersey (Mr. GARRETT). the adoption of this legislation. I do they also want their Nation’s leaders Mr. GARRETT of New Jersey. Mr. not think it is a good enough excuse to to continue to give hope to them, hope Speaker, the seminal question that we hold up a clump of cells and say, this for the cure of these diseases that address is, should Americans be using we value and this we will protect, and cause so much human suffering. We their tax dollars to fund research that then to look at our friends and our col- have a responsibility in terms of our kills a living human embryo? My an- leagues, people we know and people we compassion, in terms of the instruction swer to that is an emphatic ‘‘no.’’ do not even know, and tell them their that our Nation’s scientists have given It is our duty to ensure that we spend lives we do not value. to us. our money on things that work, and The United States is poised to as- So I urge my colleagues to support there are no therapies in humans that sume a role of leading the world in this this bill. It is an ethical bill, and it is have ever successfully been carried out promising field. Vote for this legisla- a bill that is all about hope. using embryonic stem cells. And that tion that will make it possible. Mr. Speaker, I rise in support of this bill is really what this whole debate is Mr. DELAY. Mr. Speaker, I yield 1 which will expand funding for embryonic stem about, paying for what works and pay- minute to the gentleman from South cell research, and I’m proud to be an original Carolina (Mr. BARRETT). ing for it in a way that is consistent cosponsor of it. Mr. BARRETT of South Carolina. with the morals of our taxpayers. Under this bill embryonic stem cell lines will Mr. Speaker, this issue is more than Look, even the President and CEO of be eligible for Federal funding only if the em- facts and figures. For me it is personal. the Juvenile Diabetes Research Foun- bryos used to derive stem cells were originally It is about my children, Madison, Jeb dation, a group that is a strong sup- created for fertility treatment purposes and are and Ross Barrett. It is about my nieces porter of destroying human embryos and my nephews, Hayden and English in excess of clinical need. for research, he said, ‘‘There have been Today, there are thousands of surplus em- and Jason and Andrew. They are not more promising results in adult stem just names, they are living, breathing bryos from fertility treatments that will never cells than there have been in embry- human beings. They are people I care be used and will likely be discarded. onic stem cells.’’ He predicted that about, they are people I love. It is my We should allow parents who choose to do- their foundation would soon be spend- family. And they began life as an em- nate these embryos for use in federally-funded ing more on adult cells research than bryo. stem cell research to do so. embryonic research. Let us be clear, embryonic stem cell My home-state of California recently ap- Private organizations like these are research is completely legal. What we proved a $3 billion ballot initiative to fund em- choosing to use their research dollars are talking about today is whether tax- bryonic stem-cell experiments. It is the largest on what works, adult stem cells re- payer dollars should be used to destroy State-supported scientific research program in search. Washington must also spend its potential life, and, for me, life must su- the country. This initiative places California at money efficiently on what works, while persede all other considerations, espe- the forefront of the field and exceeds all cur- representing the values of the tax- cially for the purpose of medical ex- rent stem-cell projects in the United States. payer. perimentation. But without additional Federal funding, our I urge a ‘‘no’’ vote on Federal funding Life is so precious, Mr. Speaker, and scientific leadership is being transferred over- for killing living human embryos. as long as I am a United States Con- seas. Where the leading-edge research is car- Ms. DEGETTE. Mr. Speaker, I am de- gressman, I will do everything I can to ried out matters a great deal. Any policy re- lighted to yield 2 minutes to the gen- protect it. stricting Federal funding for embryonic stem tleman from California (Mr. WAXMAN). Ms. DEGETTE. Mr. Speaker, I am cell research threatens the long-term vitality of Mr. WAXMAN. Mr. Speaker, the gen- pleased to yield 2 minutes to the gen- the U.S. economy, and most importantly de- tleman that just preceded me, speaking tlewoman from California (Ms. ESHOO). nies millions of Americans hope. to the House, said that he did not think Ms. ESHOO. Mr. Speaker, I thank the I urge all my colleagues to vote ‘‘yes’’ on this experimentation would work. Well, gentlewoman for yielding me time. H.R. 810. there is no way it will ever work if we Mr. Speaker, I rise in support of this Mr. DELAY. Mr. Speaker, I yield 3 do not allow the research to take place. bill, which will expand funding for em- minutes to the gentleman from Geor- There can be nothing that is more pro- bryonic stem cell research, and I am gia (Mr. GINGREY), who is an OB/GYN life than trying to pursue research that proud to be an original cosponsor of it. physician, who practiced for 26 years scientists tell us will lead to cures for What I would like to say today is the and has delivered over 5,200 babies. MS and diabetes and Parkinson’s and following: Scientists have informed us, Mr. GINGREY. Mr. Speaker, I thank other terrible diseases that people now the professional scientists in our coun- the majority leader for yielding. suffer and die from. try, not political scientists, but sci- Mr. Speaker, I rise this evening in Some people have said, Well, let us entists, and what they have told us opposition, strong opposition, to H.R. have an alternative; let us use the stem from their considerable work and re- 810, not as a physician, not as an obste- cells from the umbilical cord. search is that this issue represents trician-gynecologist, but as a pro-life Mr. Speaker, that is not a replace- hope. It represents hope for the cure of Catholic who firmly believes in the ment for embryonic stem cell research diseases that plague so many of our sanctity of life. that would occur if we passed H.R. 810, people, from juvenile diabetes all the I have sat here for almost 3 hours lis- the Stem Cell Research Enhancement way to the other part of life, which is tening to every word of the debate as Act. We need to ensure that scientists Alzheimer’s, and so many diseases in part of my job as a member of the re- have access to all types of stem cells, between. buttal team, and here is my legal pad both adult and embryonic. This Congress and previous Con- of notes and rebuts. Most of those re- Rather than opening the doors to re- gresses have seen fit to double the buts are against people on my side of search, the President’s policy of stop- funding of the National Institutes of the aisle, because this issue is clearly a ping this work at NIH has set the Health. I have always called them the bipartisan issue. You have Members, United States back. It has meant that National Institutes of Hope. Republicans and Democrats, who are

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11024 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 for the bill, indeed the authors, and Mr. HOLT. Mr. Speaker, I thank the their humanness. I thought about what you have Republicans and Democrats gentlewoman for yielding me time. joy they brought to their families. I who are in opposition to the bill. So I Mr. Speaker, I am proud to represent thought about little children that have got plenty of rebuttals that I New Jersey, one of the few States that needed to be comforted when they were could make, but very briefly, I will just devotes its own resources to embryonic hurt, little children that wanted to be mention one or two. stem cell research. put to bed at night with a kiss and a One of the gentlemen on my side of To help us understand this humane story, their wonderful humanness, and the aisle said that we need the Federal line of research, let us look at in vitro I thought about what the American Government, we need the Federal Gov- fertilization. Several decades ago, people think of babies and how we ernment involved in embryonic stem many people raised concerns about this cherish them. When I see these little cell research and the funding of that to procedure; everywhere there were at- children, I know their intrinsic value; provide ethical guidelines to the tacks using the term ‘‘test tube ba- and how we treat people, in whatever States. You remember that comment, bies.’’ But today there are 400,000 form of development, depends on how maybe an hour or so ago? Well, if the young people who are the products of we perceive them. Federal Government is involved in a in vitro fertilization, and in every case, The embryo is a human being at an program where taxpayer dollars are there are eggs, fertilized eggs, that early stage of development. When we spent to destroy human life, what eth- were not brought to full-term birth. talk to many who have great knowl- ical advice can they give to my State But people do not condemn the use of edge about this, and I appreciate the of Georgia, I ask? I think none. IVF. And just as we do not place eth- doctors in our presence, we should You see, I firmly believe in the sanc- ical burdens on the children who were never spend the American taxpayers’ tity of life, and I believe that life does conceived through IVF, we should not dollars to take the life of an innocent begin at conception, and these embryos place ethical burdens on the millions of human being. are definitely living human beings. The Americans suffering from Parkinson’s, As I look at this bill, I know it is gentleman just said a few minutes ago Alzheimer’s, diabetes, et cetera. very complex; but we need to always that ‘‘I can’t imagine that a 14-week support human life. b 1645 blastocyst has the same value as a Ms. DEGETTE. Mr. Speaker, I am human being.’’ Indeed, it does. I am hoping that several decades pleased to yield 1 minute to the gen- Mr. Speaker, I would ask my col- from today, we will look back and find tleman from New York (Mr. CROWLEY). Mr. CROWLEY. Mr. Speaker, I rise in leagues to look at these charts and ourselves thankful that we came to a strong support of H.R. 810. I commend what we know with these so-called fro- humane, prudent conclusion. Embry- my colleague, the gentlewoman from zen throwaway embryos that nobody onic stem cell research will have yield- Colorado (Ms. DEGETTE), for her leader- wants. Well, there are hundreds today ed new ways to diagnose, treat, and cure tragic diseases. ship on this issue. of these snowflake children, and there Stem cell research is not about abor- will be many more when people realize I urge my colleagues to support the humane H.R. 810. tion. Stem cell research is not about this is available to them. human cloning. We are talking about Mr. DELAY. Mr. Speaker, I yield 1 Yes, it starts as an embryo, just a finding cures for Alzheimer’s, paral- minute to the gentleman from North few cells, and then a blastocyst. But ysis, Parkinson’s, and other diseases. Carolina (Mr. MCHENRY). then here is a 20-week ultrasound with We are talking about improving the Mr. MCHENRY. Mr. Speaker, I thank a beating heart and brain and limbs lives of countless numbers of people in the distinguished majority leader for and moving, and then here is the final this country. That is what stem cell re- yielding me this time. result. search is about. Let me just say in conclusion, the We are here debating H.R. 810, which We are talking about putting Amer- gentleman from New Jersey talked directs the Federal Government to ican health care and researchers in the about his development, his growth and spend tax dollars on embryonic stem best position to finding the cures for development, and going backwards in cell research. This bill, therefore, im- today’s diseases tomorrow and to pre- his life. He stood in this well and said, plies that stem cell research is not al- venting the diseases of tomorrow ‘‘I am an adult man today. But yester- ready going on, but stem cell research today. day I was a teenager, and before that I is alive and well in America. Adult This spring, I joined my colleague, was a toddler.’’ But he did not go the stem cells are currently being used to the gentleman from New York (Mr. opposite direction and say ‘‘In 20 years treat people, and successfully. ISRAEL), for a congressional roundtable I will be a senior citizen, and after that This bill’s approach, however, will re- on stem cells and on the biotech indus- I may be in a nursing home and I may move stem cells from human embryos. try. Doctors, researchers, and sci- have Alzheimer’s. I may be a vege- This will kill the embryo. And whether entists spoke about how the Presi- table.’’ we like to think about it or not, em- dent’s strict limits on stem cell re- You would not want to destroy those bryos are indeed human beings. Every search is prohibiting them from con- lives, any more than the embryos at human life begins as a human embryo; ducting the level of research that they the beginning of life. and by extracting their stem cells, this would like to do. Ms. DEGETTE. Mr. Speaker, I yield bill uses American tax dollars to de- I agree, but who is missing out the myself 30 seconds. stroy human life. most are the 650,000 people we rep- Mr. Speaker, I just want to say, if The embryonic stem cell research in resent and the potential this research people want to donate their embryos to this bill destroys human life, and I be- holds. another couple for adoption, our bill al- lieve that we as the American people American medical research has ex- lows that. But our bill also allows peo- should not destroy human life with tended lives through immunization, ple who do not want to give their em- American taxpayers’ dollars, not even treatments, and innovations. From bryos for adoption to donate them for in the name of research. eradicating polio to advances in diabe- science, so the children who are alive Mr. DELAY. Mr. Speaker, I yield 1 tes, American research has been on the today can be cured. I assume no one on minute to the gentlewoman from Colo- forefront. the other side of this issue would want rado (Mrs. MUSGRAVE). But there is still so much more that to force everybody to give up their em- Mrs. MUSGRAVE. Mr. Speaker, I re- can be done and much more potential bryos for adoption, because clearly cently had a granddaughter born. I that exists. I commend my colleagues that would be limiting the choice that looked at that little baby, and I was in again for this bill being on the floor, people have. love with her when I went to and I support it wholeheartedly. Mr. Speaker, I yield 1 minute to the ultrasound and we saw her, even before Mr. STUPAK. Mr. Speaker, I yield 1 gentleman from New Jersey (Mr. she was born. When I saw the little minute to the gentleman from Oregon HOLT). snowflake children, I thought about (Mr. BLUMENAUER).

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00110 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11025 Mr. BLUMENAUER. Mr. Speaker, I the sperm enters the egg, then, yes, Mr. Speaker, how do we know the appreciate the gentleman’s courtesy of you would believe this is a taking of score? Well, embryonic stem cell re- yielding me this time. life, though we would unceremoniously search is being conducted in America I have been touched by the personal toss those same cells into a waste with private funding, but that funding stories that we have heard here today. bucket. But if you believe that life be- is lacking. So the labs have come to us I think people are genuinely speaking gins when the fertilized egg is im- for more money. Apparently, venture from the heart. planted in the mother’s womb, which, capitalists invest only in projects that But the issue remains that we have of course, is essential for it to realize are profitable, and you can see it is far embryonic stem cells that are either its potential for life, then using a fer- from profitable here: 58 to zero. going to be thrown away for largely tilized egg that has not been implanted So now we are asked to support em- theological reasons, or they will be is not a taking of life. If, further, you bryo stem cell research because it is so used for research to save lives. This re- believe that life begins later in the promising, when the facts are it is not search is going to take place in the process, then you are not taking life. promising: 58 to zero. United States and around the world. So I ask each of my colleagues to Ms. DEGETTE. Mr. Speaker, I am The question is, how rapidly? The ques- think carefully in conscience when life pleased to yield 1 minute to the distin- tion is whether the United States Gov- does begin; and, on that issue, your guished gentleman from Michigan (Mr. ernment’s official policy will remain vote on this bill rests. UPTON). frozen in place, or whether we will Mr. STUPAK. Mr. Speaker, I yield 1 Mr. UPTON. Mr. Speaker, I rise in exert the same type of leadership that minute to the gentleman from Oregon support of this bipartisan bill, and I we have exerted in other areas of re- (Mr. WU). will submit today’s column in The Wall search, technology, and dealing with Mr. WU. Mr. Speaker, I rise in strong Street Journal written by Dr. David A. human health. support of this stem cell research bill. Shaywitz, an endocrinologist in stem For the sake of life, for the sake of The science will go on with or without cell research at Harvard, for the health, for the sake of our families, I the United States. Diabetes, Alz- RECORD. I would call to the attention hope that this legislation passes, that heimer’s, Lou Gehrig’s disease, these of my colleagues this column and par- we will be able to make sure that the diseases will be cured either here in the ticularly a couple of lines that he Federal Government exerts its appro- United States or somewhere else in the wrote today. I must say that I am one priate role in making sure that we world. that will be voting for both bills today, This bill is not about human cloning, have the resources, the direction, and the cord bill as well as the Castle/ which I oppose. An embryo is special the control to do this successfully. DeGette bill; but as you compare these tissue. We should not create them with Mr. CASTLE. Mr. Speaker, I yield 2 two bills, let me note a couple of things the intent to terminate them later. minutes and 15 seconds to the gentle- that this noted researcher says. But here, the embryos were created He says: ‘‘Presently, only the few woman from Connecticut (Mrs. JOHN- with the intent to bring more children lines established prior to the date,’’ SON). into the world. Many eggs were fer- Mrs. JOHNSON of Connecticut. Mr. this is in reference to the President’s tilized in this process and, once a baby Speaker, I thank the gentleman for initial plan back in 2001, ‘‘are eligible is born, many fertilized eggs are left for government support, a prohibition yielding me this time. over, created with the intention to cre- I rise in strong support of the legisla- that has had a crippling effect on re- ate a baby. tion before us which I consider to be searchers in this emerging field.’’ It As Oliver Wendell Holmes stated, further says, it relates to the cord bill, extremely important. It builds on the even a dog can tell the difference be- President’s policy by merely allowing in essence: ‘‘It seems extremely un- tween a stumble and a kick. Juries de- likely that adult blood cells or blood the use of embryonic stem cells created termine intent all the time and, here, for fertility purposes to be donated cells from the umbilical cord will be intent is crucial. These cells were cre- therapeutically useful as a source of with permission, but without payment, ated with the intention of creating by the woman for research, research to anything else but blood.’’ human life, and the only alternate fate Mr. Speaker, there are few families cure some of the terrible diseases that for them now is disposal. that I know that have not been im- plague our lives. These free citizens Let us not waste potential human pacted by a myriad of these diseases. would simply exercise their right and life; let us not waste these fertilized We need help. We need to find a cure, their conscience in donating embryos eggs by destroying them. Let us use and that is why we need to support that would otherwise be discarded, de- them to save human lives through both pieces of legislation this after- stroyed, as waste. stem cell research. Support the Castle- I believe we have a moral responsi- noon. DeGette bill. THE STEM CELL DEBATE bility to advance the research that Mr. DELAY. Mr. Speaker, I yield 1 (By David A. Shaywitz) saves lives, relieves pain, and prevents minute to the gentleman from Kansas Perhaps themost underrated achievement suffering, rather than destroying those (Mr. TIAHRT). embryos. Those embryos could produce of the modern conservative movement has Mr. TIAHRT. Mr. Speaker, 58 to zero. been a renewed appreciation for the danger the stem cells that would save lives, Today we are asked to sear our con- of ‘‘junk science’’—unsubstantiated sci- and should not be destroyed as waste. science and harden our heart towards entific research that is exploited for political Why do we have to do this today? Be- human life so we can experiment on gain. How sad, then, that in the ongoing de- cause if we do not, stem cell research fertilized human embryos because we bate over stem cell research, many conserv- will be done, but will not be uniformly are told it holds such great promise. atives have chosen to abandon their well- governed by NIH’s ethics policy. The results from testing are far from founded skepticism and to embrace dubious Why do we have to do this today? Be- promising, though. They are very dis- but convenient data for the sake of advanc- ing their cause. cause no nation has created a sus- appointing. The latest tempest has emerged from re- tained, strong, globally-competitive But there is an alternative. The adult markably modest congressional legislation, economy without the freedom to re- stem cell research has been very suc- proposed by Republican MICHAEL CASTLE and search the frontiers of knowledge. cessful compared to embryonic stem Democrat DIANA DEGETTE and scheduled for Finally, why do we have to do this cell research, and this success was ac- a vote today, which would permit federal today? Because it is the right thing. complished without the destruction of funds to be used on human embryonic stem Now, we have heard a lot of discus- human life. cell lines derived after Aug. 9, 2001. Pres- sion on the floor today about destroy- In fact, more than 58 diseases have ently, only the few lines established prior to ing these cells as taking life and, as a been treated using adult stem cells in this date are eligible for government sup- port, a prohibition that has had a crippling matter of conscience, this is a com- contrast to no diseases having been effect on research in this emerging field. plicated issue and one on which we dis- treated by using living embryonic stem Human embryonic stem cells have the po- agree. If you believe life begins when cell research. Fifty-eight to zero. tential to develop into any adult cell type. If

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00111 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11026 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 this process of specialization could be ciple; acknowledging the limitations of adult searchers from more than 20 countries achieved in the lab, scientists might be able stem cell research would seem like a good around the world, and they are working to create replacement pancreas cells for dia- place to start. with the most advanced tools to an- betics, or neurons for patient with Parkin- Human embryonic stem cell research rep- swer the questions and build the son’s Disease; these treatments are likely resents one of the most important scientific many years away. frontiers, and also one of the most con- bridges between diseases and cures. For some opponents of embryonic stem cell troversial: Our national debate on it deserves Our Nation is blessed with the great- science, the argument is fundamentally one to be informed by our loftiest ethical aspira- est minds and researchers on this plan- of faith: The human embryo should be held tions—but also grounded in our most rig- et. But to whom much is given, much as sacrosanct, and not used for the pursuit of orous scientific standards. is required. And so, Mr. Speaker, this any ends, regardless of how nobly intended. Mr. DELAY. Mr. Speaker, could I in- Nation has a wonderful opportunity The trouble for such dogmatic critics of em- quire as to the time on all sides? right now to respond to the needs and bryonic stem cell research is that most the interests of its people. Americans hold a less extreme position; The SPEAKER pro tempore (Mr. given a choice between discarding frozen, ex- LAHOOD). The gentleman from Texas Two boys, twin boys were in bed. One cess embryos from in vitro fertilization clin- (Mr. BARTON) has 31⁄2 minutes; the gen- fell out of the bed in the middle of the ics or allowing the cells to be used for med- tlewoman from Colorado (Ms. morning, and when the parents went in ical research—specifically, the generation of DEGETTE) has 7 minutes; the majority to see him and asked what happened, new embryonic stem cell lines—most of us leader has 8 minutes; the gentleman he said, as he looked up to the bed, I would choose the second. Consequently, con- from Michigan (Mr. STUPAK) has 6 min- think I was sleeping too close to where servative stem cell opponents have now utes; and the gentleman from Delaware I got in. And that is where we are, Mr. begun to argue in earnest that embryonic 1 Speaker. Even after the President has stem cell research is not just morally wrong, (Mr. CASTLE) has 3 ⁄4 minutes. but also unnecessary, an argument that re- The order of closing will be the gen- spoken, we are, as a Nation, still sleep- lies on suspect science and appears moti- tleman from Delaware (Mr. CASTLE) ing too close to where we got in with vated by even more questionable principles. first; the gentleman from Michigan regard to research on stem cells. First, the science: Opponents of the Castle- (Mr. STUPAK) second; the gentleman Mr. DELAY. Mr. Speaker, could I in- DeGette legislation assert that embryonic from Texas (Mr. DELAY) third; the gen- quire of the gentlewoman from Colo- stem cells are unnecessary because adult tlewoman from Colorado (Ms. rado (Ms. DEGETTE) and the gentleman stem cells, as well as umbilical cord blood DEGETTE) fourth; and the gentleman from Michigan (Mr. STUPAK) how many stem cells, will perform at least as well as from Texas (Mr. BARTON) last. speakers they each have left? I have embryonic stem cells, and have already dem- four, actually five, counting me. onstrated their therapeutic value. This argu- Mr. DELAY. Mr. Speaker, I yield 1 ment appears very popular, and has been ar- minute to the gentleman from Mis- Ms. DEGETTE. Mr. Speaker, I have ticulated by almost every member of Con- sissippi (Mr. WICKER). no further speakers, and I am intend- gress who has spoken out against the new Mr. WICKER. Mr. Speaker, I oppose ing to reserve the rest of my time for stem cell bill. this bill and support the President’s closing. To be sure, one of the great successes of position on embryonic stem cells. Mr. STUPAK. Mr. Speaker, I have modern medicine has been the use of adult Let’s be clear. Embryonic stem cell one more speaker and then I plan on blood stem cells to treat patients with leu- research is legal in America today, and closing. kemia. The trouble is generalizing from this: nothing in the administration’s cur- Mr. DELAY. With that, Mr. Speaker, There are very strong data suggesting that I yield 1 minute to the gentleman from while blood stem cells are good at making rent policy has affected the legality of new blood cells, they are not able to turn this research. The administration’s Texas (Mr. NEUGEBAUER). into other types of cells, such as pancreas or policy simply provides that Federal Mr. NEUGEBAUER. Mr. Speaker, I brain. The limited data purported to dem- taxpayer dollars not be used to destroy rise today in opposition to H.R. 810, but onstrate the contrary are preliminary, in- human embryos. I believe most Ameri- in strong support of adult stem cell re- conclusive, unsubstantiated, or all three. cans, when they understand this, agree search as it respects life. Thus, it seems extremely unlikely that adult with the administration. But this rule An embryo is a human at its earliest bloodcells—or blood cells from the umbilical does not in any way limit the private stage of life and deserves the same re- cord—will be therapeutically useful as a spect that we give infants, adolescents source of anything else by blood. sector from pursuing embryonic stem Moreover, while stem cells seem to exist cell research. and adults. During this debate, some would at- for some cell types in the body—the blood b 1700 and the intestines, for example—many adult tempt to justify embryonic stem cell tissues such as the pancreas, may not have But ultimately, Mr. Speaker, no one research on the basis that we are deal- stem cells at all. Thus, relying on adult stem can deny that this debate involves pro- ing with something other than real cells to generate replacement insulin-pro- found ethical and moral questions. human beings. We use the words stem ducing cells for patients with diabetes is This is a matter of conscience for mil- cell, but we could also use the words probably an exercise in futility. lions of Americans who are deeply Nathan and Noah. These are justifica- For true believers, of course, these sci- troubled by the idea of their own funds entific facts should be beside the point; if tions based on definitions of life that human embryonic stem cell research is mor- being used to destroy another human are purely arbitrary. ally, fundamentally, wrong, then it should be life. For many of my colleagues, and Indeed, a human at the embryonic wrong, period, regardless of the consequences for me, this is a vote of conscience. stage may look a little different than a to medical research. If conservatives believe Let the private sector go forward, if human at the adult stage, but that their own rhetoric, they should vigorously it must, with the destruction of em- does not make the embryo any less a critique embryonic stem cell research on its bryos for ethically questionable human. The embryo possesses the ge- own grounds, and not rely upon an appeal to science. But spend the people’s money netic identity as it will as an adult. It utilitarian principles. on proven blood cord, bone marrow and Instead, there has been a concerted effort is merely at an earlier stage in life. to establish adult stem cells as a palatable adult stem cell research. Just as we find it unconscionable and alternative to embryonic stem cells. In the Ms. DEGETTE. Mr. Speaker, I yield 1 unethical to exploit human life in the process, conservatives seem to have left minute to the distinguished gentleman name of science during the latter their usual concern for junk science at the from Missouri (Mr. CLEAVER). stages of life, neither should we accept laboratory door, citing in their defense pre- Mr. CLEAVER. Mr. Speaker, in Mis- the exploitation of human life at its liminary studies and questionable data that souri’s 5th District there are two indi- earliest stages. they would surely—and appropriately—have viduals, Jim and Virginia Stowers, who Instead, we should focus our re- ridiculed were it not supporting their cur- did not seek a Federal grant, but who sources on supporting medical research rent point of view. In fact, there is little credible evidence to suggest adult stem cells used $2 billion of their own money to such as cord blood and adult stem cell have the same therapeutic potential as em- begin some very vital research. They research that respect human lives and bryonic stem cells. Conservatives often founded the Stowers Institute. And the have an actual track record of creating speak of the need to abide by difficult prin- Stowers Institute employs brilliant re- cures.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00112 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11027 Vote against H.R. 810. Mr. KOLBE. Mr. Speaker, I do rise tions of an awful lot of people who do Mr. DELAY. Mr. Speaker, I yield 1 today in strong support of H.R. 810. not want their tax dollars going to be minute to the gentleman from Ohio Over the past two decades, three- spent for killing innocent human life. (Mr. CHABOT). quarters of the scientists who have won Americans paid a terrible price for Mr. CHABOT. Mr. Speaker, as we de- the Nobel Prize in medicine have stud- not recognizing the humanity of Dred bate this proposal, we cannot ignore ied or taught in the United States. And Scott. We are going to pay a terrible the fact that every human life begins this is not a coincidence. Our Nation price for not recognizing the humanity as a human embryo. Sadly, passage of has created an environment that val- of these little embryos. We should not this bill will put the government and ues innovation and discovery, espe- go down that road. taxpayers in the position of sanc- cially in biological sciences. H.R. 810 In World War II, 1940, before America tioning and funding the destruction of will help America continue to lead in got in the war, there was a publication that human life. this crucial field. called the Yearbook of Obstetrics and Now, we all feel strongly about the Of course, there is more at stake in Gynecology. And Dr. Joseph DeLee need for aggressive and advanced re- this debate than America’s global wrote in that yearbook something that search to cure and combat the myriad standing. Stem cell research holds ex- applies to us today. Here is what he of diseases that prematurely take the traordinary potential to save lives and wrote. ‘‘At the present time, when riv- lives of our friends and our family alleviate human suffering. I had a fa- ers of blood and tears of innocent men members and our fellow citizens. When ther who suffered from Parkinson’s, a and women are flowing in most parts of we lost my father to cancer, our family mother who passed away with Alz- the world, it seems almost silly to be certainly wished that medical break- heimer’s. And I am all the more con- contending over the right to life of an throughs had come sooner. vinced that we must pursue this re- unknowable atom of human flesh in That is why I am so supportive of the search vigorously, because I believe it the uterus of a woman. rapid progress being made in the fields does have potential to yield results. ‘‘No, it is not silly. On the contrary, of adult and umbilical cord stem cell I would argue that H.R. 810 is worthy it is of transcendent importance that research. Cord blood stem cells have al- of our support not just for what it al- there be in this chaotic world one high ready been used to treat patients, we lows but for what it restricts. The bill spot, however small, which is safe have been hearing, for up to 67 dis- requires that embryos be in excess of against the deluge of immorality and eases, and it is my understanding they clinical need. It does not permit finan- savagery that is sweeping over us. have the potential to become any kind cial compensation for those embryos, ‘‘That we, in the medical profession, of cell, similar to what embryonic stem and it requires the donor’s written, in- hold to the principle of the sacredness cells do. formed consent. of human life and the rights of the in- While I recognize that many pro- This legislation appeals to hope, but dividual, even though unborn, is proof ponents of this bill offer their support it insists on caution as well. H.R. 810 is that humanity is not yet lost.’’ with good intentions, in this case we do as thoughtful as it is ambitious. For I believe humanity is not yet lost, have clear alternatives, and I would that reason I urge my colleagues to and this vote will tell us the answer to strongly urge my colleagues to support support it. that question. adult and umbilical and reject this bill. Mr. DELAY. Mr. Speaker, I only have Mr. STUPAK. Mr. Speaker, I yield 3 Mr. DELAY. Mr. Speaker, I would one more speaker before I close. So I minutes to the gentleman from Florida yield 1 minute to the gentleman from yield, Mr. Speaker, 31⁄2 minutes to the (Mr. WELDON). Nebraska (Mr. FORTENBERRY). distinguished gentleman from Illinois Mr. WELDON of Florida. Mr. Speak- Mr. FORTENBERRY. Mr. Speaker, I (Mr. HYDE), who has been fighting for er, I thank the gentleman for yielding was recently asked by a kind and the culture of life his entire career. I time to me, and I commend the gen- gentle lady my position on stem cell am very honored to yield to him. tleman for his leadership on this issue. research. This is always a difficult Mr. HYDE. Mr. Speaker, the reason We have heard a lot of discussion of question. But I told her, I am in favor this vote is so important is simply be- the three known forms of stem cell of stem cell research, research that cause the embryo is human life. It is therapies that are hypothesized to uses stem cells from cord blood and not animal, it is not vegetable, it is not treat all these diseases. One of the nice adult stem cell sources, research that mineral, but a tiny, microscopic begin- things about adult stem cell treat- is already showing great medical prom- ning of a human life. ments and why I think they have been ise and avoids the ethically divisive Everyone in this room was an em- embraced, and part of the reason they issue of the destruction of an unborn bryo at one time. I, myself, am a 192- have been so successful is, if you use a human embryo, an unborn human per- month-old embryo. The question we cell from your own body, there are no son. face is how much respect is due to this tissue rejection concerns. Frankly, I did not know how she tiny little microscopic human life. If If you use a cord blood or placental would respond. And she went on to tell we are truly pro-life, we should protect blood stem cell, there are tissue rejec- me that she had MS herself. And she it rather than treat it as a thing to be tion concerns; but it is felt by the ad- told me that if research found a cure experimented with. vocates of the gentleman from New using unborn human embryos, that she Lincoln asked a very haunting ques- Jersey (Mr. SMITH’s) bill, such as my- would not take that cure, that she tion at a small military cemetery in self, that by obtaining the bank, we could not in her conscience take that Pennsylvania. He asked whether a Na- would be able to enter all of your ge- cure that sacrificed a human life. tion conceived in liberty and dedicated netic information and come up with a Mr. Speaker, let us set a new stand- to the proposition that all men are cre- match. And one of the questions I have ard, one that aggressively promotes ated equal can long endure? And that for my colleagues who have been an ad- good research to help the sick and in- question has to be answered by every vocate for the Castle/DeGette bill is, jured, one that respects the con- generation. how, if these embryonic cells were ever sciences of tens of millions of Ameri- What is wrong with this legislation? proven to be useful, and that has yet to cans who do not wish to see their tax The motives of its sponsors are so be demonstrated in the literature, how dollars used in the destruction of un- noble. Well, I will tell you two things would you override the tissue rejection born human life, one that supports a that are fatally wrong with this legis- concerns? consistent life ethic and gives true lation. The first one is, for the first Mr. Speaker, it takes us to a very im- hope to those who are suffering in our time in our national history, tax- portant part of this debate that we communities. payers’ dollars are going to be spent for really have not dwelled on very much. Mr. STUPAK. Mr. Speaker, I yield 1 the killing of innocent human life. They say there are 400,000 embryos in minute to the gentleman from Arizona That is number one. And number two, the freezers, but the truth is the vast (Mr. KOLBE). this bill tramples on the moral convic- majority of those embryos are wanted,

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11028 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 and their own studies suggest only 275 H.R. 810 would expand the number of stem sultation with the National Institutes of Health, cell lines will be available if this bill cell lines that would be made available under issue final guidelines to carry out the require- becomes law. strict ethical guidelines. The stem cells would ments of this bill. Finally, the measure requires Mr. Speaker, the place we are going be derived from excess frozen fertilized em- HHS to report annually to Congress on the ac- to have to go to make embryonic stem bryos that would otherwise be discarded. It is tivities carried out under this bill. The report cell work, if it ever can be dem- estimated that there are currently about must include a description of whether, and to onstrated to work, is creating human 400,000 frozen IVF embryos, which would be what extent, these activities were carried out embryos for this purpose. And that destroyed if they are not donated for research. in accordance with the requirements of this really brings me to my point. If you The embryos could be used only if the donors bill. are going to go down the road of cre- give their informed, written consent and re- In closing, I urge my colleagues to support ating human embryos, you really only ceive no money or other inducement in ex- H.R. 810. have two options. You are going to change for their embryos. Listen to the following news reports which need tens of thousands of women to do- It is important for me to note that it is simply indicate this research as viable and of great nate their eggs, or you are going to not true that adult stem cells offer the same, need for so many. have to clone. And that is why people or better, potential for treating disease as em- Since the federal government’s science of- like myself have been saying, wait to bryonic stem cells. While embryonic stem cells ficials have abdicated their traditional role see what is next, because that is going have qualities that give them the potential to in setting ethical rules for medical experi- to be the next debate. treat a wide variety of diseases and injuries, mentation, the National Academy of Sciences has filled the void with useful adult stem cells do not have those same quali- b 1715 guidelines for research with human embry- ties. Unlike embryonic stem cells, adult stem If this becomes law, we are going to onic stem cells. Acting on behalf of sci- cells cannot be induced to develop into any entists around the country, the NAS last be asked to embrace Federal funding type of cell. Furthermore, adult stem cells may week issued stem cell research guidelines for creating human life for this re- not exist for certain tissues, and adult stem that should become a blueprint for ethical search. No longer using the so-called cells are difficult to identify, purify, and grow. behavior in both the public and private sec- excess embryos, but either exploiting Unless Federal funding for stem cell re- tor. The Atlanta Journal Constitution, May women for their eggs or worse, we are search is expanded, the United States stands 3, 2005. Kudos to the National Academy of going down the path of cloning. And I in real danger of falling behind other countries assure you, if you find those options Sciences for ably filling the breach caused by in this promising area of research. Research- the absence of federal guidelines on human objectionable, they will be cloaked ers have already moved to other countries, embryonic stem cell research. While we pre- with the same kind of arguments that such as Great Britain, which have more sup- fer that rules governing research on human have been used to support this bill. portive policies. The recent announcement tissues be federal and enforceable, the Na- People will say it is for the purpose of that South Korean researchers have produced tional Academy of Sciences’ new voluntary helping the sick and suffering. And cloned human embryos that are genetic twins guidelines are a necessary stand-in. The Bal- what I have been saying over and over of patients with various diseases, and have timore Sun, May 3, 2005. With the federal government’s role lim- again, if you actually read the medical derived stem cells from them, shows just how journals, the promise and the potential ited, research has been proceeding without far that country is going. While it is important clear, consistent guidelines...These and appear to be in the ethically acceptable to recognize that this bill has nothing to do other recommendations are a good start to- alternatives of adult stem research and with cloning, it is also important to recognize ward ensuring that stem cell research is con- cord blood research. that other countries are moving ahead in stem ducted in an ethical way . . . The federal Reject this bill. Vote ‘‘no’’ on Castle/ cell research. government is still not doing all that it DeGette. This bill provides a limited—but nonetheless should, but these recommendations ought at Ms. DEGETTE. Mr. Speaker, I yield highly significant—change in current policy least to help the private companies and states that are moving ahead with research for the purpose of making a unanimous that would result in making many more lines of consent request to the gentlewoman that offers so much hope for many Ameri- stem cells available for research. It would do cans. The Winston-Salem Journal, May 3, from Texas (Ms. JACKSON-LEE). so under strict ethical guidelines. The measure 2005. Ms. JACKSON-LEE of Texas. Mr. has widespread bipartisan support. Passage The National Academy of Sciences gave a Speaker, I make a simple plea to save of this bill would provide hope for those mil- much needed boost to embryonic stem cell lives by supporting H.R. 810, the lions of Americans suffering from diseases research last week when it issued ethics DeGette/Castle bill, and to help Ameri- that may be treated or even cured as a result guidelines that should help researchers find cans who are suffering. I ask for a of stem cell research a clear path through a minefield of con- ‘‘yes’’ vote on H.R. 810 simply to save troversial issues . . . they will give practicing Before concluding, I would just mention that scientists the assurance that they can pro- lives. the National Academy of Sciences, NAS, re- ceed with their work while adhering to prin- Mr. Speaker, I rise today in support of H.R. cently issued a set of guidelines to ensure that ciples endorsed by a panel of distinguished 810, the ‘‘Stem Cell Research Enhancement human embryonic stem cell research is con- scientists, ethicist, and others. The New Act of 2005.’’ As a supporter of the bill, I ducted in a safe and ethical manner. Because York Times, May 2, 2005. would argue that it is necessary to expand the of the limitations of the current federal policy, The SPEAKER pro tempore (Mr. number of stem cell lines that can be used in only 22 stem cell lines are eligible for federal LAHOOD). The gentleman from Dela- federally funded research in order to accel- research and fall under the jurisdiction of Na- ware (Mr. CASTLE) has 31⁄2 minutes re- erate scientific progress toward the cures and tional Institutes of Health guidelines. Specifi- maining. treatments for a wide variety of diseases and cally, H.R. 810 requires that: Mr. CASTLE. Mr. Speaker, I would debilitating health conditions—including Par- The stem cells must be derived from human like to thank both the Republican and kinson’s Disease, diabetes, Alzheimer’s Dis- embryos that were donated from in vitro fer- Democratic leadership for allowing ease, ALS, cancer, and spinal cord injuries. tilization clinics, and that were created for the this to take place here today. According to the National Institutes of purpose of fertility treatment, but were in ex- Sometimes there are issues of such Health, NIH, of the 78 stem cell lines that cess of the clinical need of the people seeking critical social importance that it is were declared eligible for Federal funding in such treatment; only right that the Congress of the 2001, only about 22 lines are actually avail- The embryos would not have been used for United States do this in the open, and able for study by and distribution to research- fertility treatment, and would otherwise be dis- they did that and for that we should all ers. Further, NIH concludes that these stem carded; be very appreciative. cell lines are contaminated with ‘‘mouse feed- The individuals seeking fertility treatment I just want to leave my colleagues er’’ cells, making their therapeutic use for hu- donated the embryos with informed written with some closing thoughts, perhaps mans uncertain. These NIH-approved lines consent and without any financial payment or some of the things I started with. lack the genetic diversity that researchers other inducement to make the donation. There are 110 million people just in the need in order to create effective treatments for In addition, the bill requires that not later United States of America out of 290 millions of Americans. than 60 days after enactment, HHS, in con- million who have some sort of illness

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00114 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11029 that potentially could be helped by the two decisions if this legislation passes. al., ‘‘Clonally expanded novel multipotent use of embryonic stem cells. Most of One is to put it into hospital waste, stem cells from human bone marrow regen- those will never be helped by the use of warm it up to room temperature, erate myocardium after myocardial infarc- adult stem cells. We know that any- thereby destroying it at that point and tion’’, Journal of Clinical Investigation 115, 326–338, Febru9ary 2005.) thing other than just the use of adult doing it that way, or to be giving it up 3. In July 2004, research conducted in Ger- stem cells in blood tissues has been ex- for research. And my judgment is if many, led by Dr. Peter Wernet found a type perimental at best and probably will that is a decision, why are we not help- of umbilical cord blood stem cell, they call never work. ing the 110 million people out there USSC’s (unrestricted somatic stem cells), I would encourage everyone to use who need help, as opposed to allowing that they showed can turn into several dif- their conscience as they vote today, to this to go to hospital waste because it ferent cell types, including brain, bone, car- think about their constituents at will happen anyhow. tilage, liver, heart, and blood cells. It showed home. We talk about life, and I do not If you do not like that, you better go that the cells can turn into all three germ layers, showing they are pluripotent. (Kogler necessarily want to get into that argu- out and lobby against what they are G et al., ‘‘A new human somatic stem cell ment back and forth, but the bottom doing in in vitro fertilization clinics, from placental cord blood with intrinsic line is there are a lot of lives that are and I do not think that we want to do pluripotent differentiation potential’’, J. Ex- being foreshortened in the United that. perimental Medicine 200, 123–135, 19 July States of America and across the world There are about 400,000 of these em- 2004.) that perhaps could be lived out to their bryos. That is probably a low estimate 4. In June 2004, researchers showed that fullest if that opportunity was given to today. That is an estimate of about 3 human bone marrow stem cells have years ago. About 2 percent are given up pluripotent potential. (D’Ippolito G et al., the individuals involved. ‘‘Marrow-isolated adult multilineage induc- Remember that this research is going a year. That is 8,000. The numbers that ible (MIAMI) cells, a unique population of on at the private sector level. It is also are more limited than that are just postnatal young and old human cells with going on at the State level. It is even wrong. A lot of people now, if this extensive expansion and differentiation po- going on to a degree at the Federal passes, are going to be offered the op- tential’’, J. Cell Science 117, 2971–2981, 15 level. There has been $60 million spent portunity to give up the embryo for re- July 2004 (published online 1 June 2004) over 3 years on this research at the search instead of hospital waste, and 5. This study shows that blood stem cells Federal level, and about $625 million they are going to make that decision, can form cells from all 3 primary germ lay- ers, including endothelial cells, neuronal has been spent on adult stem cells at and we will get the kind of work that cells, and liver cells. (Zhao Y et al.; ‘‘A the Federal level. So the research is we need. human peripheral blood monocyte-derived going on at the time. I would just close by saying that 14 subset acts as pluripotent stem cells’’; Pro- Our ethic standards in this bill, and out of the 15 diseases that are most ceedings of the National Academy of if you read it, it is only 3 pages long, likely to kill people in the world are Sciences USA 100, 2426–2431; 4 March 2003) exceed any ethical standards that have not ever going to be helped by adult 6. Researchers found bone marrow stem ever existed before including what the stem cells. We need to do this. With cells in females that received transplants your vote today you can provide hope from male donors. Researchers found the Y President had before. chromosome in the brain, showing that bone The National Institutes of Health to tens of millions of Americans and marrow stem cells generated neurons. said: ‘‘Human embryonic stem cells are many more around the world. Support (Mezey E et al.; ‘‘Transplanted bone marrow thought to have much greater develop- H.R. 810. generates new neurons in human brains’’; mental potential than adult stem cells. The SPEAKER pro tempore. The gen- Proceedings of the National Academy of This means that embryonic stem cells tleman from Michigan (Mr. STUPAK) Sciences USA 100, 1364–1369; 4 Feb 2003) may be pluripotent, that is, able to has 2 minutes remaining. 7. Another group of researchers showed give rise to cells found in all tissues of Mr. STUPAK. Mr. Speaker, I yield that bone marrow stem cells can form all body tissues. (Jiang Y et al.; ‘‘Pluripotency the embryo except for germ cells rath- myself the balance of my time. Mr. Speaker, there has been a lot of of mesenchymal stem cells derived from er than being merely multipotent, re- adult marrow’’; Nature 418, 41–49; 4 July 2002) stricted to specific subpopulations of discussion today about the quality of 8. In 2002, Catherine Verfaille has turned cell types, as adult stem cells are adult stem cells and they are not as these bone marrow stem cells into skin, thought to be.’’ versatile as embryonic stem cells. brain, lungs, heart, retina, muscle, intes- That is where the science is. You can There are a number of things that show tines, kidney and spleen. University of Min- argue all you want, but if you do any adult stem cells are highly versatile nesota researchers found a certain type of extensive reading on this, that is where and just as effective if not more effec- bone marrow stem cell (called a multipotent adult progenitor cells (MAPCs)) that could the science is. These are the stem cells tive than the predicted embryonic stems. be turned into the three primary germ layers which can make a difference, the em- (endoderm, ectoderm, ectoderm and meso- bryonic stem cells. The list of these studies is as follows: derm). (Nature advance online publication, There are discussions of dollars. Myth: Adult Stem Cells are Not as 23 June 2002 (doi: 10.1038/nature 00870) There are no dollars used directly in Versatile as Embryonic stem cells. 9. A single adult mouse bone marrow stem Fact: A number of studies show adult stem cell can form functional marrow, blood cells, the destruction of embryos at an in cells are highly Versatile. vitro fertilization clinic. There are dol- liver, lung, gastrointestinal tract, skin, 1. Professor Alan Mackay-Sim of Griffith heart and skeletal muscle according to re- lars used in the research ultimately. University in Australia published a study searchers Dr. Neil Theise of NY Univ. School But let us look at that. Let us consider showing that olfactory stem cells could de- of Medicine and Dr. Diane Krause of Yale what that is all about. velop into heart cells, liver cells, kidney Univ. School of Medicine (Krause DS et al.; At the end, when those who have cre- cells, muscle cells, brain cells and nerve ‘‘Multi-Organ, Multi-Lineage Engraftment ated the embryo make the decision cells. (Murrell W et al., ‘‘Multipotent stem by a Single Bone Marrow-Derived Stem that they no longer need or want that cells from adult olfactory mucosa’’, Develop- Cell’’; Cell 105, 369–377; 4 May 2001) mental Dynamics published online 21 March particular embryo, the physician has 2005.) Mr. Speaker, we have heard a lot of to make a decision about what to do 2. Dr. Douglas Losordo at Tufts University arguments. In fact, we just heard again with it. There are some options there. showed that a type of bone marrow stem cell that in fact we throw these cells away Not a lot of options. One of them is to can turn into most tissue types, and can re- when we are done. We do not want give that particular embryo up for generate damaged heart. ‘‘This discovery them. There is nothing we can do with adoption. Some people do not choose to represents a major breakthrough in stem- them so we should use them for med- do that. There have only been fewer cell therapy,’’ said Dr. Douglas Losordo. ical research or else it will just be med- than 100 so far. And I think that is ‘‘Based on our findings we believe these newly discovered stem-cells may have the ical waste. wonderful. I think that option should capacity to generate into most tissue types I must ask again, is that what we be offered. in the human body. This is a very unique have come to as a Nation that in view- Some people may make other deci- property that until this time has only been ing embryos, that if allowed to grow sions, but basically it will be one of found in embryonic stem cells.’’ (Yoon Y-s et and divide could become human beings

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00115 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11030 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 but we will just treat them as human embryos are human beings is not a po- and often form cancerous tumors as a waste? litical dispute. An embryo is a person, byproduct of that rejection. That is to The proponents of H.R. 810 are so ad- a distinct, internally directed, self-in- say, Mr. Speaker, it does not work. amant that we do research specifically tegrating human organism. An embryo And, indeed, many embryonic stem using embryonic stem cells. And why has not merely the potential to become cell experts concede that such research embryonic stem cells? Because they a human being. It is one, and as such, will not yield results for decades, if at are the best hope according to pro- just like a newborn or a toddler or a all, if ever. In truth, then, it is not the ponents of finding cures. They say teenager, possesses instead the inter- ends that would supposedly justify the medical science can unlock these keys nally directed potential to grow into grizzly means of the Castle bill, but the to life. We can cure any illness, any adulthood, to become in a sense what mere aspiration to those ends. disease, or any injury. he or she already is. On the other hand, better developed The proponents argue we must create An embryo is whole, just unfinished, stem cells from the umbilical cords of life, the embryo, and then destroy the just like the rest of us. We were all at newborn babies and the bone marrow of embryo through research to unlock the one time embryos ourselves, and so was fully grown adults have led to treat- mysteries of life; create and clone the Abraham, so was Mohammed, so was ments of no fewer than 67 separate dis- building blocks of life so we can manip- Jesus of Nazareth and Shakespeare and eases. ulate and experiment. I believe as a Beethoven and Lincoln. And so were Based on this successful track record, country and as a culture that is a line the 79 children, those snowflake chil- the biomedical industry is pouring its we should not cross. dren, those snowflake children ages 6 own money into adult stem cell re- We heard today about other research and under who have been adopted. Do search. It is the smart investment. with adult stem cells, cord, placenta, not throw them away. Adopt them. In other words, Mr. Speaker, the Cas- bone marrow, fetal tissue, and how These children have been adopted tle bill would throw taxpayer money at about unraveling our DNA through the through different programs, but par- the same unsuccessful research that mapping of the genome, all in the pur- ticularly the Snowflake Embryo Adop- companies with the financial motiva- suit of finding medical cures. tion Program, who under the Castle tion for developing such research are But where do we draw a line on med- bill and its predictable progeny might avoiding. It just does not work. ical research and say we as a Nation, as otherwise have been destroyed in a Indeed, one might say the stubborn a people, will not cross that line? This petri dish, these children that were em- advocacy of embryonic harvesting in question has not been adequately ad- bryos. the face of the overwhelming clinical dressed in this legislation. An embryo is nothing less than a evidence of its futility might be a gen- When do embryos become life? We human being, a fact both morally intu- uine case of ideology trumping science. have heard all kinds of figures today. ited and scientifically unquestioned. But what if it did work, Mr. Speaker? After 40 hours? That is less than 2 days What level of respect and dignity, then, What if all the Utopian comments of after fertilization when we are able to should our government grant such lit- the Castle bill’s proponents were to check embryos for division and fer- tle creatures, these tiny beings who come true? What then? tilization. Or is it 5 days when the em- our eyes suggest are not like us but b 1730 bryos may be called blastocysts? At who our hearts and minds know in fact this stage, they are approximately 250 are us? What if we could be sure that govern- cells. Or do we allow the blastocysts to The Castle bill is very clear, and ment-funded destruction of human em- survive in the laboratory culture for up though I oppose it, its clarity well bryos could do all the things we are to 14 days and still then not call them serves both sides in this debate. The asked to believe? Well, in that case, human life, but blastocysts so they are Castle bill says essentially that the po- Mr. Speaker, we would still be right to open to experiment and research? tential medical and scientific progress oppose it because in the life of men and When does life become scientifically represented by an embryo’s stem cells nations, some mistakes you cannot non-existent? That is the question as justifies, justifies taxpayer funding for undo. Some mistakes do not just come elected representatives we have not yet the destruction of that embryo through back and haunt you, they define you. answered. H.R. 810 does not answer the harvesting of the stem cells. A decision by our government to that. Vote ‘‘no’’ on H.R. 810. Of course, it is not the hoped-for end sanction embryo harvesting here at the Mr. DELAY. Mr. Speaker, I yield my- of the Castle bill that we oppose, nor very dawn of the biotechnology age self the balance of my time. necessarily, among some on this side of could come to own us, for the paltry re- Mr. Speaker, what we have before us the aisle, even its destructive means, search sum envisioned by the Castle today is not a debate as some have sug- but instead the entitlement of those bill is but the first generation, the first gested between science and ideology, destructive means to Federal tax dol- drop of the deluge. Its offspring will ul- but between aspirations and actions. lars. timately include cloning, genetically Both sides of this debate wish to ease After all, human embryos are being engineered children, a black market of human suffering. harvested for medical research every human body parts, and a global econ- So what divides us is not our ends, day in this country. We just do not omy organized around the exploitation but the means to which we would re- think the government should be forc- and hyper-ovulation of impoverished sort to pursue those ends. That is why ing the American people to pay for it, women and girls for their eggs. the Castle bill must be defeated, be- especially considering the discouraging If the mere aspiration of ends justify cause while we are motivated by our track record of the kind of research the the means here, in our first ethical aspirations, we are defined by our ac- Castle bill has in mind. challenge of the biotechnology age, tions; and the Federal Government To date, Mr. Speaker, none, none, not how could we hope for a higher stand- simply cannot sanction the actions au- one of the countless and extraor- ard the next time? Which returns me to thorized and funded by this legislation. dinarily well-endowed private embryo- the irreducible question of this debate: For all the arguments we have heard cell-harvesting projects has yielded a What level of respect and dignity ought today, scientific, ethical, political, the single treatment for a single disease. this government grant defenseless debate for and against the Castle bill, Not one. unburdensome human life at its ear- for and against the authorization of Embryonic stem cell therapies which liest, most vulnerable stage? Federal taxpayer dollars to fund med- are by design definitely untherapeutic Given the biological fact of a human ical research predicated on the destruc- to the embryos have in fact proven to embryo’s membership in the human tion of human embryos is in essence a be similarly harmful to those patients family, given the technological neces- question of the level of respect and dig- the treatments were supposed to help. sity of embryonic destruction as a pre- nity our government chooses to grant Harvested embryonic stem cells are condition of embryonic stem cell re- human life in its earliest stage. That typically rejected by the host patient search, given the medical reality of

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00116 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11031 embryonic stem cell research’s con- the state of scientific research. We are not sleep at night. Without a cure, sistent therapeutic failure, given the on the verge of breakthroughs that will Wyatt and Noah face possible com- moral catastrophe of means-justifying- cure diseases that affect tens of mil- plications ranging from a heart attack the-ends morality, and given the phys- lions of Americans. Yet some want to to kidney failure or even blindness as ical revulsion people instinctively feel turn away from this potential, to they grow up. when considering the destruction of de- refuse to even acknowledge its exist- How can we tell these boys, these two fenseless human life by scientists in ence, simply because they do not un- boys and millions of others, that we lab coats; given all these factors, the derstand the complexity of this issue. would rather throw the embryonic answer a proponent of taxpayer-funded This refusal is slowing the process of stem cells that could provide them a embryonic stem cell harvesting and re- ethical science and, worse, delaying ad- cure than to allow them to be donated search must give is ‘‘none.’’ For if we vancements that could cure diseases for science? How can we tell our col- afford the little embryos any shred of that affect patients and families leagues, the gentleman from Rhode Is- respect and dignity, we cannot in good around the world. land (Mr. LANGEVIN) and the gentleman faith use taxpayer dollars to destroy Our constituents want more from us. from Illinois (Mr. EVANS), our mothers them. They want their elected officials to with Alzheimer’s, our brothers with I wish there was another way, Mr. thoughtfully examine tough issues like Lou Gehrig’s disease, the millions of Speaker, but there is not. It is just embryonic stem cell research, and cre- Americans who are praying for a cure wrong, not as a matter of ideology or ate policies that address both practical and for whom embryonic stem cell re- even fate, but as a matter of respect and ethical challenges. They also ex- search may hold the key, Sorry, the and dignity. pect us to consider these issues not as Federal Government is opting out? We are not asking anyone here to Democrats or as Republicans, not as recognize the rights of human embryos, Let us not let 1 more year, 1 more pro-life or pro-choice, but as people month, or 1 more day go by without but the wrongs of human adults. This with family members and friends whose is not about the embryo’s standing as a acting. Let us reclaim the Federal Gov- lives could be made better or even ernment’s role as the leader in ethical juridical person, but our standing as saved by our decisions. moral persons. Because the choice to basic research. Let us give those whom Passing H.R. 810 will allow the Fed- we are sworn to represent hope. Let us protect a human embryo from federally eral Government to enable scientists, funded destruction is not ultimately pass H.R. 810. not politicians, to determine whether Mr. BARTON of Texas. Mr. Speaker, about the embryos, it is about us and embryonic stem cell research will lead our rejection of the treacherous notion I yield for the purpose of making a to cures for diseases that now plague unanimous consent request to the gen- that while all human lives are sacred, us, and it will do so while establishing tleman from Pennsylvania (Mr. DENT). some are more sacred than others. I the clear and strict ethical guidelines Mr. DENT. Mr. Speaker, I rise in sup- heard it said here today, Some are that are absent today. port of H.R. 810. more sacred than others. In 2001, the President issued his exec- Like our embryonic cousins, Mr. utive order establishing the current Mr. Speaker, I rise today to speak on behalf Speaker, our Nation is whole but unfin- embryonic stem cell research policy in of H.R. 810, the Stem Cell Research En- ished. The issue is a test in which we an attempt to balance bioethics and hancement Act of 2005. are asked out of good and pure inten- science. In the last 4 years, it has be- Today there have been bills presented that tions just this once, just this tiny little come clear that the policy has failed on discuss, among other things, the merits of em- bit, to let the ends justify the means, both counts. Research has been sty- bryonic stem cell study versus cord blood cell to let the noble aspirations justify ig- mied in this country, going into pri- utilization. This discussion, while interesting, noble actions. misses the point of promoting stem cell re- In this test, in this vote, then, we vate hands and offshore. Research moves ahead, but not with the re- search in general: Scientific breakthroughs have an opportunity today to speak that may originate from stem cell examination truth to the power of biotechnology, to sources and coordination of the Na- tional Institutes of Health and without have the power to better, and even save the rise up against the prevailing winds of lives of our fellow citizens afflicted with terrible human excess and hold fast to the dig- clear ethical standards. I recognize that new science creates diseases. Stem cell research holds out hope nity of human life upon which all other for those suffering with, for example, diabetes, worldly truths are based: to ensure our new moral dilemmas. That is why our bill sets explicit controls on how stem Parkinson’s, and coronary heart disease, the appetite for knowledge is checked by number one killer of adults in this country. We our knowledge of our appetites; to cell lines can be created. It gives an- other option for embryos created for in must encourage this research, and the legisla- stand up, as only America can, in the tion offered by my colleagues from New Jer- name of the least among us, whom we vitro fertilization, embryos created in sey and Delaware is an important step forward serve, and become the people we are. petri dishes, that would otherwise be in our attempts to find cures for these dis- I ask my colleagues, seize the oppor- destroyed so that they can be used to eases. tunity and vote ‘‘no.’’ potentially save or extend lives. It Ms. DEGETTE. Mr. Speaker, I yield gives the patients for whom the em- Moreover, the Stem Cell Research En- myself the balance of my time. bryos are created the decision on how hancement Act promotes the establishment of Mr. Speaker, first I would like to they will be used: as now, freezing for ethical standards with regard to the procure- give my heartfelt thanks to my part- possible future use; discarding them as ment of embryos utilized in the research. The ner, the gentleman from Delaware (Mr. medical waste or donating them to only embryos that can be utilized are ones CASTLE), our bipartisan whip team, the other couples for implantation; and if that were originally created for fertility treat- 201 cosponsors of this bill, and so many this bill passes, another option, donat- ment purposes and are in excess of clinical others who spoke today from the bot- ing them for critical research that need. Further, the individuals seeking fertility tom of their hearts. could save millions of lives of people treatments for whom those embryos were cre- More than 100 years ago, Justice Oli- who are already born. ated have determined that these embryos will ver Wendell Holmes recognized that we Here is why we need to pass this bill. not be implanted in a woman and will be oth- are living in an increasingly complex These are two young brothers from erwise discarded. Finally, these same individ- world and that ‘‘the chief worth of civ- Denver, Colorado. Wyatt and Noah uals have provided written consent for embryo ilization is just that it makes the Forman. Both of these boys have Type donation. means of living more complex.’’ This 1 diabetes, and both of them have been The development of standards, both ethical world, he says, ‘‘calls for great and diagnosed since they were 2. A couple and clinical, is an important aspect of stem combined intellectual efforts instead of of months ago, little Noah had convul- cell research. This bill directs that the National simple, uncoordinated ones.’’ sions in the middle of the night from Institutes of Health develop guidelines to in- The truth of Justice Holmes’ words low blood sugar. His parents thought sure that researchers adhere to the highest in today’s complex world is best seen in they would lose him, and now they can- possible principles in scientific inquiry. Here

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00117 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11032 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 we have a unique opportunity to establish na- embryo that creates that magic stem landers who have been diagnosed with debili- tional standards that will become the bench- cell that can be replicated into any of tating illnesses, including leukemia, diabetes, mark for scientific study throughout the world. the 200 cell lines that make up the Parkinson’s disease, Alzheimer’s disease, and By encouraging scientific breakthroughs while human body. spinal cord injuries. They are grateful for the at the same time observing the highest pos- If I had that opportunity, might I not federal research funding that Congress has sible standards of ethical and clinical behavior, take advantage of it? Somebody would. provided in past years, particularly the dou- we can go a long way towards battling geneti- And since they cannot, because they do bling of the NIH budget over a five year pe- cally-based diseases that have ended the lives not have consciousness, under a tradi- riod, and they look to the future with hope that of so many. tional law in this United States of more effective treatments and someday, Mr. BARTON of Texas. Mr. Speaker, America we give custody to the par- cures, will be forthcoming. I yield myself the balance of my time. ents. A parent will make a decision at I have also heard from the academic med- Mr. Speaker, first of all, I want to some point in time, or a family mem- ical centers across the country. These are the thank the majority leader, the gen- ber will make a decision at some point places where the most complex medical pro- tleman from Texas (Mr. DELAY), for in time that perhaps they do not want cedures are performed, where medical school the tenor of the debate today and for to put up for adoption, which is the de- graduates from around the world are trained, granting extended time and making cision I would make. where our most groundbreaking research is sure all points of view have been heard b 1745 conducted. Two of the finest academic med- on this important issue. Why not? In addition to the cord ical centers are located in Baltimore—the Uni- Although I am going to vote for Cas- blood bill that we have just passed, versity of Maryland Medical Center and the tle/DeGette, I do not necessarily speak why not make it possible for some of Johns Hopkins University Medical Center. This as an advocate for its passage as much these under the conditions in the Cas- bill presents an opportunity to expand their as I want to speak about why I have de- tle/DeGette bill for some to be used for ability to make life saving and life extending cided to vote for it. research purposes. It does not take discoveries. I respect Members on both sides of many. I respect those who say, no, you Some of my colleagues have raised ethical this issue. I made sure that members of cannot do it at all. But I also say given concerns about stem cell research, and I be- the committee I chair, the Committee a choice, let us err on the side of oppor- lieve that this bill effectively addresses these on Energy and Commerce, regardless of tunity. That is why I am going to vote concerns. The authors of this bill, Mr. CASTLE their position, had an opportunity to ‘‘yes.’’ and Ms. DEGETTE, have written this legislation speak and put their comments on the Mr. CARDIN. Mr. Speaker, I rise in support so as to not encourage the creation of human record. of H.R. 810. This bipartisan legislation will en- embryos for research or for any other pur- I come at this as a 100 percent pro- hance existing stern cell research and help poses. This bill stipulates that all embryos life, lifetime, voting Member of Con- our nation’s scientists make significant used for research must have been originally gress. As I said earlier, this will be my progress toward the development of treat- created for in vitro fertilization and are in ex- second vote this year where I have not ments for conditions affecting more than 100 cess of clinical need; it requires that the em- adopted the pro-life position. So I am million Americans. bryos would not have been implanted and not quite 100 percent any more, but I But this is not just about Americans. For would have otherwise been discarded; and it would think that 99.8 percent over 21 years, our country has led the world in med- requires donors to provide written consent be- years qualifies me as a pro-life Con- ical advancements, and people from around fore embryos may be donated for research. gressman. the globe travel here for medical education as These guidelines are ethically sound; they I have also voted numerous times for well as for lifesaving care. Today, the House help ensure that enhancing stem cell research our defense bill, where we have voted is considering opening new lines of research— policy will not come at the expense of respect hundreds of billions of dollars to defend research that will help the United States retain for human life. our Nation and put our young men and its place as a world leader in this burgeoning It is not certain that stem cell research will women at risk, some of them that new field, while helping to alleviate the pain result in cures, but it is fairly certain that if we might have to give up their lives. I and suffering of many around the world. close off promising avenues, such as stem cell have voted for many bills for our law Current federal policy, put into place by research, finding those therapies and cures enforcement officials, where again they President Bush on August 9, 2001, allows fed- will take much longer. may have to give up their lives to pro- eral funds to be used to support research from In 2001, two months before President Bush tect the common good. the stern cell lines that existed on that date, issued his stem cell policy, Sue Stamos and Now, you might say, yes, but in those but it bans the creation of additional stern cells her daughter, Faith, came to visit me in my of- instances they were adults and they from embryos that are stored at in vitro fer- fice. At the time, Faith was three years old— had free will and they voluntarily tilization clinics. To many observers, this policy a very brave little girl who had been diag- made a choice that they might have to seemed a reasonable compromise at the time, nosed with juvenile diabetes. Sue asked for sacrifice their lives. as many scientists believed that the existing my support for federal research to help find a Well, I accept and support that an 78 stern cell lines would be available for use. cure for Faith, and I promised to do everything embryo is a life. I agree with the gen- In fact, only 22 lines are available and some I could to help. Back in June of 2001, our tleman from New Jersey (Mr. FER- of these were found to have been contami- knowledge of stem cell research’s potential GUSON) that we were all embryos once. nated from contact with mouse ‘‘feeder’’ cells. was nowhere near what it is now, and we did I understand that. And, obviously, at 7 In addition, the 22 available lines were devel- not yet know what the President would pro- days or 14 days, embryos do not have oped using science that has since seen signifi- pose. Today, we have much broader and consciousness. They do not have free cant improvements. Scientists at the National deeper knowledge about the scientific possi- will. They do not have the neuro cells Institutes of Health report that these lines also bilities of stem cells, but much less capacity to or brain cells to make a decision lack the genetic diversity necessary to perform research stem cell lines than we had antici- whether they want to voluntarily extensive research for diseases that dis- pated. Today, I will vote to keep my promise make a sacrifice. I understand that. proportionately affect minorities. These defi- to Sue and Faith Stamos and to the thou- But I would say this: If they did, out ciencies decrease the overall number of op- sands of other Marylanders who are waiting of the 400,000 that we think may be in portunities available for our scientists and un- for cures. I will vote to expand the stem cells existence, if you narrow that down to dermine potential progress in the stern cell lines available for federally funded research. the 2.8 percent that the gentleman field. In essence, our policy has discouraged Mr. Speaker, in closing, I must note that from Texas (Mr. DELAY) talked about scientific exploration by restricting the extent stem cell research is a controversial and emo- that are probably not going to be used of research. It is wrong for Congress to tie the tional subject. It touches on questions of for reproductive purposes, if they did, hands of our scientists while millions of Ameri- human suffering, medical ethics, scientific po- would not some of them, knowing the cans suffer. tential, the role of government, moral consider- stakes, volunteer? It only takes one, Since the President’s policy was imple- ations, and life itself. H.R. 810 strikes the right the right one, that magic silver bullet mented, I have heard from hundreds of Mary- balance. It encourages research, but it does

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00118 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11033 not encourage the creation of embryos for re- Ms. ESHOO. Mr. Speaker, today the House edge research is carried out matters a great search purposes. It allows us to support the is considering H.R. 810, the Stem Cell Re- deal, but under the current policy we’re leav- efforts of the brilliant scientists in our research search Enhancement Act of 2005, which ex- ing the field even before the game has begun. institutions who have dedicated their careers pands funding for embryonic stem cell re- Now the President has said he will veto this to alleviating the suffering of others. It allows search. As an advocate of stem cell research, bill. He may succeed in stifling stem cell re- us to honor the wishes of in vitro fertilization I’m proud to be an original cosponsor of this search in our country, but he will not stop sci- donors who want to make a contribution to- legislation because I believe that this critical entific progress. It will occur elsewhere. If the ward medical advancement. It was right for research can lead to cures for Type 1 Diabe- U.S. fails to embrace stem cell research, we the leadership to allow a vote on this impor- tes, Parkinson’s disease, Alzheimer’s disease, will only slow progress in treating disease and tant bill, and it is right for the House to pass paralysis caused by spinal cord injury, and cede our leading role as a technological lead- it. other serious health problems. er. I urge my colleagues to join me in sup- Over 3,000 people die every day in the The Federal Government should be in the porting H.R. 810. United States from diseases that may some business of encouraging and assisting re- Mr. HIGGINS. Mr. Speaker, I rise in strong day be treatable as a result of stem cell re- search that can help save the lives of its citi- support of H.R. 810, to provide for human em- search. Now is the time for Congress and the zens. The Stem Cell Research Enhancement bryonic stem cell research. The measure is a Administration to recognize that the current Act of 2005 accelerates scientific progress to- crucial first step toward helping millions of policy does not work. ward cures and treatments for a wide range of people who suffer today from diseases that In 2001, President Bush crafted a policy to diseases while simultaneously instituting are currently without treatment. By broadening allow limited federal support for some embry- stronger ethical requirements on stem cell the federal government’s investment in this onic stem cell research. Four years later, how- lines that are eligible for federally funded re- nascent technology, I am confident that we will ever, it’s clear that his policy has hindered search. be able to offer help to these men, women, progress. Today, of the 78 stem cells lines ap- I urge all my colleagues in the House to and children that would be impossible by con- proved for federal research, only 22 are avail- support this legislation. ventional means. able to researchers. These 22 lines are not Mr. MEEHAN. Mr. Speaker, I rise in support The room for growth in embryonic stem cell only contaminated but were also developed of H.R. 810, the Stem Cell Research En- research is exponential. According to the Na- with outdated techniques. hancement Act, to put science and compas- tional Institutes of Health, this work may one Under H.R. 810, embryonic stem cell lines sion ahead of ideology and fear. day be used in gene therapy and to overcome will be eligible only if embryos used to derive The promise of embryonic stem cells is that immune rejection. Heart disease, Alzheimer’s, stem cells were originally created for fertility they alone have the potential to develop into Krabbe disease and stroke are just a few of treatment purposes and are in excess of clin- any kind of body tissue, including blood, brain, the maladies that this research could help to ical need. Today, there are thousands of sur- muscle, organ, or nerve tissue. Scientists be- treat and eventually cure. plus embryos from fertility treatments that will lieve that this unique ability might lead to My region in Western New York has a num- never be used and will likely be discarded. We breakthroughs in a number of illnesses that ber of great research institutes that boast a should allow parents to donate these embryos are now untreatable. Over 100 million Ameri- rich history of tackling devastating health afflic- cans suffer from diseases and conditions that tions. For example, Roswell Park Cancer Insti- for use in federally-funded stem cell research. This November, my home-state of California may one day be treated using stem cell thera- tute (RPCI), located in Buffalo, implemented approved a $3 billion ballot initiative supported pies, including Alzheimer’s, Parkinson’s, juve- the nation’s first chemotherapy program. RPCI’s Center for Pharmacology and Thera- by Governor Schwarzenegger to fund embry- nile diabetes, Lou Gehrig’s disease, severe peutics is one of few in the nation capable of onic stem-cell experiments. It is the largest bums, and spinal cord injuries. all phases of drug development, from the con- state-supported scientific research program. For the very reason that we do not yet know ceptual stage through manufacturing and test- This initiative puts California at the forefront of what kind of treatments stem cell research will ing. This year, RPCI’s strong basic and clinical the field and exceeds all current stem cell yield, it would be unwise not to explore the research programs attracted major research projects in the United States. possibilities. grants and contracts totaling more than $75 However, with the Federal Government on As one researcher at Harvard Medical million. The Institute has sponsored or collabo- the sidelines, scientists are still reluctant to School and Boston’s Children’s Hospital re- rated on more than 350 clinical trials of prom- pursue stem cell research and the private sec- cently wrote in the New England Journal of ising new cancer treatments and its devel- tor is unwilling to invest in the field. We are Medicine, ‘‘the science of human embryonic oping cancer genetics program will rival the losing ground to the rest of the world. As the stem cells is in its infancy.’’ Restricting stem world’s leading programs in that field. Washington Post reported last Friday (May 20, cell research now ‘‘threaten[s] to starve the The Institute has also made significant con- 2005), South Korea is leapfrogging ahead of field at a critical stage.’’ It’s critical to under- tributions to the landmark human genome us and is developing techniques proving that stand the science of stem cell research to project, and its new Center for Genetics and stem cell research is robust. weigh the moral and ethical issues involved. Pharmacology will adjoin the University at Buf- Now, the public, researchers and industry This bill allows funding of research on stem falo’s Center of Excellence in Bioinformatics are looking to Congress for leadership. Stem cells that are harnessed from fertility clinics. and Life Sciences and the new 72,000 sq. ft, cell research should not be about politics. It In vitro fertilization is a technology that has $24 million Hauptman-Woodward Medical Re- should be about science, medicine and hope. allowed millions of couples to share in the joy search Institute building that opened less than We have an opportunity to help end the suf- of childbirth. It results in the creation of em- two weeks ago. The three centers form a fering of millions of people with chronic or ter- bryos that are never implanted into the womb, state-of-the-art life science cluster in down- minal diseases, and we should seize it. never grow to be more than a handful of cells, town Buffalo that will transform lives in my dis- Stem cell research is not only critical to sav- and would otherwise be discarded. Harnessing trict and across the world through the cutting ing lives but it also stimulates our Nation’s stem cells for medical research from fertility edge stem cell and genomic research. economy. Stem cell research is the next ‘‘big clinics is a compassionate, pro-family, and Western New York has made a commitment thing’’ in biotechnology after the human ge- pro-life position. to curing disease, caring for the sick and pre- nome project. Long-term economic growth de- As one of the world’s foremost centers of venting the needless loss of life wherever pos- pends on productivity, productivity depends on medical research, Massachusetts has much at sible. Our innovative institutes, led by some of technology, and technology ultimately depends stake in the stem cell debate. Not only are our the best researchers in the world, can make on basic science, which is why any policy re- hospitals, research facilities, and institutions of an immeasurable difference in people’s lives. stricting federal funding for embryonic stem- higher learning on the cutting edge of con- It would be unconscionable, now that we are cell research threatens the long-term health quering disease, they are also major economic so close to the ability to use stem cells to fight and vitality of the U.S. economy. Bio- drivers keeping us competitive in the global off the diseases and maladies that plague us, technology is at a stage of development simi- economy and employing tens of thousands of for us to turn our backs and withhold that lar to where information technology was in the people. care. Mr. Speaker, I urge the House to pass late 1980s—ready to explode. Massachusetts has over 250 biotech firms. H.R. 810. We have the tools to save lives; it For our leadership in science and techno- That is more than all of Western Europe com- is now our duty to use them. logical leadership, where innovative leading- bined.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00119 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11034 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 If we continue the current ban on stem cell On Sunday, Tambrie turns 47. She cele- According to the NIH, in the United States research, it does not mean that research will brates every birthday to the fullest, because more than 4 million people suffer from Alz- stop elsewhere. But it would put America—the when she was diagnosed with Juvenile Diabe- heimer’s disease; one in every four deaths is world’s most powerful engine of innovation tes, the doctors told her she would not live from cancer; and every hour of every day, and progress—on the sidelines. past 43. Tambrie lives on borrowed time and someone is diagnosed with juvenile (type 1) Mr. Speaker, America should be leading the worries about losing her sight and not being diabetes. These brave individuals battling life- world in using our compassion and our sci- able to see her grandchildren grow up. She threatening and debilitating diseases are not entific knowledge to develop lifesaving thera- knows that embryonic stem cell research prob- responsible for policy or debate, but they will pies. I urge support for H.R. 810. ably won’t help her, but she prays the promise be the ones most affected by the outcome of Ms. LEE. Mr. Speaker, as an original co- it holds will ensure that her grandchildren don’t today’s vote. sponsor of H.R. 810, I rise in support of the have to suffer as she has. That’s why we are The President was quoted by the Associ- Stem Cell Research Enhancement Act. here today, to make sure that people like ated Press over the weekend saying, ‘‘I made I want to applaud my colleagues Rep. CAS- Tambrie can live their lives to the fullest. it very clear to the Congress that the use of TLE and Rep. DEGETTE for working together to This action is limited to promoting respon- federal money, taxpayers’ money to promote introduce this common sense bi-partisan sible research with embryos that would be de- science which destroys life in order to save life measure. stroyed otherwise. Congressional oversight on is—I’m against that. And therefore, if the bill Mr. Speaker, we know that our population is this ethically sensitive issue is the right bal- does that, I will veto it.’’ This legislation will not aging. Debilitating chronic diseases like can- ance to ensure that our nation remains diligent create life for the purpose of destruction. cer, Parkinson’s, Alzheimer’s, and diabetes in our approach to medical research, while These bills will expand the scope of research are becoming far more common. taking important steps to improve the quality that the Bush Administration has already ap- Diabetes in particular is a huge problem, of life for those who suffer from debilitating proved. It is unfortunate President Bush would and like many other diseases, minority com- diseases. dash the hopes of so many people looking for munities are disproportionately affected by it. The bill establishes strict standards for use medical answers through research. In my district in Alameda County, approxi- of fertility clinic embryos. First, written permis- Mr. Speaker, I urge my colleagues join me mately 13.4 percent of African Americans sion is required of the couple donating the em- today in advancing science and supporting have been diagnosed with diabetes compared bryo. Second, there can be no financial com- H.R. 810. Congress and the Administration to 4.5 percent of Whites. And the diabetes pensation, much like organ donation. Finally, must not withdraw from progress, but embrace death rates of Latinos and African Americans the legislation requires the National Institutes the immense opportunities that expanded are as high as 2–2.5 times those of Whites. of Health to establish strict oversight for the stem cell research can have for the future and Expanding the number of embryonic stem scientific community to ensure ethical guide- wellbeing of our Nation’s public health. cell lines available for research will assist sci- lines are adhered to. Mr. SALAZAR. Mr. Speaker, I rise today to entists to develop therapeutic treatments and Embryonic stem cell research is a new form express my support for the Stem Cell Re- cures for diabetes and a range of other dis- of research in the early stages. I am fun- search Enhancement Act, H.R. 810. I would eases. damentally opposed to cloning embryos or like to thank Representatives CASTLE and By passing this bill we will not only help to creating embryos for scientific research. This DEGETTE for their leadership on this important improve the health and well being of the pub- legislation does not a ow cloning, it merely en- issue. lic, but we will also help to eliminate future sures that embryos already created and un- chronic health care costs and improve the used serve a higher purpose than being de- Recent advancements in medical tech- health of our economy as a whole. stroyed. nology have created hope for the millions of I urge my colleagues to support this bill. Mr. LARSON of Connecticut. Mr. Speaker, I people, and their families, who suffer from the Mr. SWEENEY. Mr. Speaker, it is important rise today in support of H.R. 810, the Stem effects of diseases like Alzheimer’s, Parkin- that I give voice to the important issue of stem Cell Research Enhancement Act and H.R. son’s, and diabetes. Stem cell research may cell research. This is not an issue that anyone 2520, the Stem Cell Therapeutic and Re- hold the key to better treatment options, and takes lightly. Life is precious in all forms, and search Act that we debated earlier today. Both even a cure, for diseases like these and oth- it is important to do all that we can to ensure bills would expand stem cell research, which ers. issues surrounding life and quality of life are holds tremendous promise to curing and treat- Many of us will have lasting images of given the highest priority. ing some of the most devastating diseases President Ronald Reagan and Christopher Millions of Americans suffer from debilitating and conditions facing Americans today. This Reeves as their frail bodies deteriorated over diseases like Juvenile Diabetes, Parkinson’s issue is about medical research coupled with the years. And I will never forget my own fa- disease, Alzheimer’s and a host of other dis- high ethical standards and providing hope to ther’s battle against Alzheimer’s and how his eases that reduce the quality of life or cause those most in need—it should have no role in slow deterioration and passing impacted our loss of life. Stem cells derived from embryos any party’s political agenda. family. Their personal health battles took on a have shown tremendous promise in the fight In 2001, President Bush announced that for new meaning as the public debate heated up to rid society of many of these diseases. In the first time federal funds could be used to over the merits and ethics of embryonic stem 2003 alone there were 1,681,339 deaths from support limited research on human embryonic cell research. diseases that could benefit from this research. stem cells, specifically ‘‘existing stem cell lines As we look towards the future of medical re- Many couples across America struggling to where the life and death decision has already search, we must always proceed with strict have children benefit from In Vitro Fertilization, been made.’’ Under this policy, only 78 embry- ethical caution. I believe the Castle/DeGette a process where embryos are created to pro- onic stem cell lines are eligible for use and ac- legislation meets this criteria by establishing vide couples with the potential to have chil- cording to the National Institutes of Health strict requirements for which new embryonic dren. In many cases, couples have left over (NIH), only 22 of those lines are viable for stem cell lines would be eligible for federal embryos that would be destroyed. This legisla- human research. Since 2001, 128 embryonic funding. Federal funding of embryonic stem tion simply provides the opportunity for those stem cell lines have been developed that are cell research would mean that research could embryos to save lives already being lived. ineligible for federally funded research. advance at a faster pace while providing strin- Lives being lived by people like Tambrie Both bills—the Stem Cell Therapeutic and gent requirements and oversight of the re- Alden from Glens Falls, NY. Tambrie has had Research Act that would create a new federal search. National and international involvement Juvenile Diabetes for 28 years. She goes program to collect and store umbilical-cord- is needed to ensure research institutions and through 10 daily finger sticks a day and has blood cells and expand the current bone-mar- companies do not intentionally or unintention- worn an insulin pump for 10 years. Each day row registry program and the Stem Cell Re- ally overreach their bounds. brings a different battle for Tambrie; she must search Enhancement Act that would increase Mr. EMANUEL. Mr. Speaker, as an original constantly monitor the highs and lows of her the number of stem cell lines that can be used cosponsor of H.R. 810, the Stem Cell Re- condition. Tambrie has had over 200 laser eye in federally funded research—establish much- search Enhancement Act of 2005, I rise in surgeries due to Juvenile Diabetes, which also needed ethical standards and expand the pos- strong support of this legislation. H.R. 810 is continues to attack her organs ability to func- sibilities of stem cell research for new treat- essential legislation that will expand opportuni- tion properly. ments and cures. ties for scientists to treat spinal cord injuries,

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00120 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11035 multiple sclerosis, Parkinson’s disease, Alz- Parkinson’s, cancer, Alzheimer’s, juvenile di- searchers to, within the boundaries set by, heimer’s disease, diabetes, and other dev- abetes, spinal cord injuries—cures for these strict ethical guidelines, progress with this re- astating diseases. and other serious ailments may lie in stem cell search as far as is possible? Why are we There are ethical concerns over the use of research. We owe it to generations of suf- tying the hands of our scientific community to embryonic stem cells in research, and we fering Americans and their families to help find save lives on the basis of an arbitrary date, should not treat stem cells as just another lab- treatments that could lead to full recovery. while across the world this research will be oratory product. We must strongly prohibit un- Many in this body like to talk about ‘‘val- used to save lives? ethical practices, such as human cloning. And ues.’’ Today, I say to them: using discarded This bill answers those questions resound- we should not allow embryos to be bought embryos to find scientific cures for fatal dis- ingly: we will not unduly restrict the essential and sold. eases is our moral obligation. Saving life is research that could save the lives of millions. But it is important to recognize that, as part precisely what we all care about. We will move forward. We will find an end to of the process of in vitro fertilization, many Mr. Speaker, a vote for H.R. 810 is a vote suffering that could be prevented, in my com- embryos are created that are never used and to save lives. I urge all my colleagues to sup- munity and nationwide. are slated to be destroyed. With the stringent port this bipartisan, bicameral legislation. Mr. POMEROY. Mr. Speaker, I rise today to moral safeguards established by this legisla- Ms. MILLENDER-MCDONALD. Mr. Speaker, say that I will be casting my vote for H.R. 810, tion, including the required written consent of I have been watching today’s proceedings the Stem Cell Research Enhancement Act of the donors, I believe we should permit the use from California as I recuperate from surgery. I 2005. of stem cells from these embryos. The use of feel compelled to reach out to my colleagues I am voting for this legislation with the face embryos for research that would otherwise be to underscore the utmost importance of H.R. of Ashley Dahly on my mind. Ashley is a 17- destroyed strikes a responsible balance be- 810, the ‘‘Stem Cell Research Enhancement year-old high school junior from Devils Lake, tween the ethical and medical values associ- Act.’’ North Dakota. She is a happy teenager with ated with stem cell research. H.R. 810 is a comprehensive bill that fully an adoring family. She likes school, enjoys The current state of stem cell research sug- balances the ethical concerns associated with Student Congress and speech class, and gests that there is significant progress to be stem cell research with the incalculable bene- loves ice skating. made if we move forward in this area. Leading fits such research can confer upon millions of Ashley also has juvenile diabetes. In fact, scientists have testified that adult stem cells Americans. today she is at home missing her finals be- and umbilical cord stem cells do not share the Now is the time for action! We must con- cause of high blood sugars. Ashley is North ability of embryonic stem cells to replicate all tinue to expand the scope of embryonic stem Dakota’s delegate for Children’s Congress other cells in the human body. If we don’t in- cell research. We must not tie the hands of re- through the Juvenile Diabetes Research Foun- vest in stem cell research, millions of Ameri- searchers who will hopefully deliver to our dation, taking place here in Washington on cans with some of the most debilitating dis- communities cures for these life threatening June 18–22nd. Ashley’s goal is to enter a eases will not be able to avail themselves of diseases. health-related field such as a nurse or diabe- the treatments or cures that might result. Research on adult stem cells is important. tes educator, because as Ashley has said, ‘‘I In addition, if we fail to invest federal re- However, I think we need to recognize the lim- know the pain that children diagnosed with di- sources in embryonic stem cell research, the itations that are inherent in that type of re- abetes go through, and I think I could help in U.S. will lose its competitive advantage in this search. While adult stem cells are being used relieving that pain.’’ essential area of science. The limited federal to treat blood diseases such as leukemia and There is currently no cure for juvenile diabe- support for stem cell research is just one area lymphoma, adult stem cells cannot be used to tes, a disease that affects another child every of science in which the U.S. is falling behind. form any cell. Experts believe that adult stem hour of every day. Embryonic stem cell re- Last year China produced 160,000 more engi- cells are not going to produce the answers to search offers great potential for advancing neers than we did. Nearly 40 percent of U.S. diseases like sickle cell disease, Multiple Scle- treatments or even curing diabetes, as well as jobs in science or technology requiring a Ph.D. rosis, heart disease, liver disease, Parkin- many other diseases such as Parkinson’s dis- are now filled by people born abroad—that’s son’s, Alzheimer’s, and numerous kinds of ease, cancer, ALS, paralysis and others. Par- up from 25 percent in 1990. We now rank cancers we so desperately seek. Adult stem ticularly in the case of diabetes, embryonic below 13 other countries—including Japan, cells are not a substitute for embryonic stems stem cell research holds the greatest possi- Germany, and South Korea—in the percent- cells. bility for understanding and curing this dis- age of 24-year olds with a college degree in I would like to speak specifically to the large ease, since adult stem cells are not present in a science or engineering field—that’s down numbers of African Americans and other mi- the pancreas, the organ attacked by diabetes. from third in the world 25 years ago. norities who will hugely benefit from this po- Embryonic stem cell research is an ex- Mr. Speaker, this legislation will help the tentially lifesaving research. Too many of my tremely difficult issue, involving the potential U.S. to move forward on our moral imperative constituents are disproportionally affected by for critical medical breakthroughs on the one to perform stem cell research in an ethically many of the diseases researchers hope to hand, and very complex bio-ethical issues on responsible way. I urge all of my colleagues to cure with information gleaned from embryonic the other. The bill requires that research only support it. stem cell research. be conducted on stem cells derived from em- Ms. HARMAN. Mr. Speaker, the promise for In particular, diabetes, Parkinson’s, and es- bryos created for fertility treatments that were curing a whole host of debilitating diseases is pecially sickle cell disease run rampant in our in excess of the need of the mother and would brighter than it’s ever been. Today, Congress communities. I want to be able to look at otherwise have been destroyed. My vote today has the opportunity to capitalize on break- every single one of my constituents who is af- is supported by over 200 major patient groups, through scientific research to help millions flicted with a disease that researchers believe scientists, and medical research groups, and I across our country. they can treat eventually based on research believe that my vote can provide hope to fami- Representatives CASTLE and DEGETTE have done on embryonic stem cells and tell them lies in North Dakota like Ashley’s who are suf- crafted this bill meticulously, which would that here in Washington we are doing abso- fering through the illness of a loved one. allow the use of surplus embryos from in vitro lutely everything we can to save their lives Mr. GOHMERT. Mr. Speaker, on the birth- fertilization treatments and require donor con- and assuage their pain. day of my daughter, Katy, who was born 8–10 sent. It does not allow stem cells to be sold for I introduced bills over the last two Con- weeks prematurely, but still lives and blesses profit. This legislation takes an ethical and gresses to bring awareness to the need for my life. There are so many well-meaning peo- moral approach to a challenging subject, and expanding the number of stem cell lines be- ple who want to see others cured. We, every- throughout is respectful of the value of life. cause I recognize that we must embrace one of us in this body, want that. We know Real political courage and leadership—on groundbreaking solutions to the problems that. It is being said that no one will be both sides of the aisle, in the House and Sen- posed by fatal diseases. harmed by the use or destruction of human ate—was required to bring us to this point. The research has progressed so far since embryos that were going to be waste anyway. People from every point along the political 1998, when scientists first isolated human em- Dear friends, when you use the product of the spectrum—from Nancy Reagan to the late bryonic stem cells. Amazing discoveries have callous mistreatment of life, even though you Christopher Reeve—have embraced the prom- been made in such a short time. What sense use sterilized gloves, you nonetheless are an ise and potential of stem cell research. would there be in restricting the ability of re- accomplice after the fact in encouraging future

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00121 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11036 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 such destruction and mistreatment—even incredibly and amazingly promising, do you small biotech companies, have made notable though you have the very very best of inten- know who would be all over this? Private progress in their research on spinal cord inju- tions. How many times as a judge have I pharmaceutical and health care industries ries and tissue regeneration. Though no one heard, ‘‘But, I never meant to hurt anyone. I would be in pursuit knowing that if they find a can predict the outcome of embryonic stem thought I was just helping.’’ cure, they will be the most profitable company cell research, what is certain is that without In the recent past, we lost a great American on the face of the earth. federal support, we will never fully recognize who had been injured in an accident and who But it is not private investment capital that is it’s potential. encouraged the use of embryonic stem cells. being sought. It is people wanting grants that We are at a pivotal point in our nation’s his- That man had a heart as big as all outdoors will be torn from the pockets of taxpayers tory, and I hope that my colleagues will care- and is an inspiration to so very many of us. against the will of perhaps half of them or fully consider this issue, leaving out partisan His strength and courage and perseverance in more (polling data from those with an agenda politics. With federal support, this research the face of unsurmountable odds should be an is not all that trustworthy) and putting it into could have a real and tangible impact on mil- encouragement for all who face adversity. He someone else’s pocket in the name of de- lions of lives in this country. Our Nation’s cur- is quoted as saying something that others stroying embryos. rent policy severely limits scientific research, have said, but as a justification for embryonic Embryonic stem cell research can go on and we must not continue on this dangerous stem cell usage—basically that we should be and has gone on with billions of dollars from course. I urge my colleagues to join me in about doing the greatest good for the greatest some states and from some private money. supporting H.R. 810. number of people. That is the utilitarian way. What many of us are saying about this legisla- Mr DINGELL. Mr. Speaker, I support H.R. It is worth noting that if a society only did tion is, if it is so promising, you go raise the 810, the ‘‘Stem Cell Research and Enhance- what was the greatest good for the greatest capital privately by buying stock to use in em- ment Act of 2005.’’ number of people, that society would kill off bryonic stem cell research, and let our tax dol- Let us be very clear about why we are here the elderly who were no longer productive and lars go to the stem cell research that seeks to today. We are here to decide whether our Na- kill off the young who were not likely to ever both save and make lives better. I know this tion will move forward in the search for treat- be very productive. That would also be a soci- is a matter of conscience, and I do so know ments and therapies that will cure a multitude ety that did not spend time trying to fix some- and believe in the integrity and great inten- of dreaded diseases that afflict an estimated thing that had been extremely broken. That is tions of many of those who disagree, but 128 million Americans. a society that would simply weigh the cost to please do not take my tax dollars for money Today, millions of Americans suffer from repair a human, decide that such person was to destroy life. Let those who feel so com- Alzheimer’s disease, Parkinson’s disease, spi- ‘‘Totaled’’ then clone a new one to replace it. pelled, spend your own, but I would hope nal cord injuries or spinal dysfunction, and dia- That society would be killing its very soul. even then you would spend your own money betes. And today, along with the tremendous That is not the American way. We want to on the lines with the most promise and not number of Americans living with cancer, ap- be a help to the helpless, and speak for those take life in the name of helping life. proximately 1.5 million new cases were diag- who can’t speak. A moral society should do May God not only bless, but have mercy on nosed in the United States last year. Today, that. To demand money from American tax- us all. we can vote for H.R. 810, and in doing so, Mr. MCGOVERN. Mr. Speaker, I am payers so that we as a Congress can encour- choose to save lives and help to end the suf- pleased to support H.R. 810, the Stem Cell age the destructive use of life under the guise fering of so many Americans. Research Enhancement Act of 2005. This leg- that it may be thrown away anyway, is not a Stem cells are the foundation cells for every islation takes the critical first step in expanding direction that this America should go. Our his- organ, tissue, and cell in the body. Embryonic the number of stem cell lines that are eligible tory has been that, rather than destroying life, stem cells, unlike adult stem cells, possess a for federally funded research. we go to all kinds of extremes to save it. If a For years, the United States has been the unique ability to develop into any type of cell. child is in a deep hole, America sends all the preeminent world leader in the field of bio- Embryonic stem cell research holds the poten- resources it has to try to save it regardless of technology. We have made extraordinary ad- tial for treating a variety of diseases such as cost. When someone may not return from a vancements in the treatment, management Lou Gehrig’s disease, Parkinson’s disease, trip to the moon, we use every available re- and prevention of a wide range of disabilities. Alzheimer’s disease, autism, cystic fibrosis, source to try to bring them home. When a sol- It’s nearly impossible to read a newspaper heart disease, diabetes, multiple sclerosis, and dier is captured or out on the battlefield without hearing of some new breakthrough— osteoporosis, as well as spinal cord injuries. wounded, many others often risk their lives to drug cocktails for AIDS patients; gene therapy H.R. 810 would impose strict ethical guide- save the one. That has been, that should be treatments; new medical devices. lines for embryonic stem cell research and our legacy. What a legacy! But to demand These advancements are cause for celebra- would lift the arbitrary restriction limiting funds money with the full force of the federal govern- tion. Our mothers and fathers, our spouses, to only some embryonic stem cell lines cre- ment’s enforcement and the IRS so that the children and grandchildren are benefiting like ated before August 10, 2001. By removing this beginning of life can be destroyed, will add never before. They are living longer, healthier arbitrary restriction, H.R. 810 will ensure that such a darkness on the conscience of this so- lives due to our investments in scientific re- researchers can not only continue their work ciety, we simply should go no farther down search. to prolong or save lives, but also conduct such that road. Much like this earlier research, the potential research using newer, less contaminated, It is a bit offensive that some would come benefits from stem cells are almost limitless. more diverse, and more numerous embryonic forward and assert that we are telling individ- And as policymakers, we have the rare oppor- stem cells. uals with Lou Gehrigs disease and other ter- tunity to help further scientific innovation that, H.R. 810 does not allow Federal funding for ribly debilitating diseases that we will not look with the proper research and development, the creation or destruction of embryos. This for a cure—that we basically do not care. We could produce better treatments—or even bill only allows for research on embryonic are looking for cures and we are doing so with cures—for diseases like diabetes, Parkinson’s stem cell lines retrieved from embryos created the most promising avenues available and that Disease, and cancer. for reproductive purposes that would otherwise is with stem cells that do not destroy life. Despite some arguments that we have be discarded. This point is critical: If these em- It is extremely offensive that some would heard today, recent developments have prov- bryos are not used for stem cell research, they come forward and say basically that in the en that we are not far off from recognizing the will be destroyed. name of religion, Christian and Jewish groups true potential of this research. In fact, just last Former first lady Nancy Reagan once said, support the federal government’s certain de- week, scientists in South Korea successfully ‘‘Science has presented us with a hope called struction of embryos under the possibility that created the world’s first human embryonic stem cell research, which may provide our sci- at some point it somehow may lead to pos- stem cells that are patient-specific. This ad- entists with many answers that for so long sibly saving a life or lives. If we are going to vancement was applauded around the world have been beyond our grasp. I just don’t see invoke the thought of, as our forefathers’ put as a major step in the effort to produce cell- how we can turn our backs on this. We have it, our Creator, then let’s at least invoke our based therapies that won’t be rejected by the lost so much time already. I just really can’t Creator’s unwavering honesty. The truth is body’s immune system. bear to lose any more.’’ that this bill is not determining whether embry- And in my home state of Massachusetts, Let us not turn our backs on this important onic stem cell research will go on. If it is so ViaCell and New World Laboratories, two research and the 128 million Americans who

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00122 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11037 could benefit from it. Let us not lose any more Mr. KUCINICH. Mr. Speaker, I support H.R. attract new scientists to this area of research time. Let us pass H.R. 810, the ‘‘Stem Cell 810, the Stem Cell Research Enhancement because of concerns that funding restrictions Research Enhancement Act of 2005.’’ Act of 2005. will keep this research from being successful. Mr. UDALL of New Mexico. Mr. Speaker, I H.R. 810 is the safest, most ethically and The Stem Cell Research Enhancement Act rise today as a cosponsor and strong sup- morally sound way to proceed with this poten- does not change the current policy on the use porter of H.R. 810, the Stem Cell Research tially life-saving scientific advancement. This of federal funds; this measure simply seeks to Enhancement Act. I am pleased that the debate is not about whether or not embryonic lift the cutoff date for lines available for re- House leadership brought this important legis- stem cell research should occur. The Adminis- search. lation to the floor and am proud to be a part tration is not stopping private embryonic stem H.R. 810 will also strengthen the ethical of the important debate occurring today. cell research. It just opposes the expansion of standards guiding the federal research on Mr. Speaker, embryonic stem cells have the public stem cell research. stem cell lines and will ensure that embryos ability to develop into virtually any cell in the The private sector is not restricted from donated for stem cell research were created body, and many believe they may have the such research. The private sector currently for the purposes of in vitro fertilization, in ex- potential to treat many illnesses such as Par- uses frozen embryos which would otherwise cess of clinical need, would have otherwise be kinson’s disease, juvenile diabetes, Alz- be discarded. Corporate entities already have discarded and involved no financial induce- heimer’s, blindness, sickle cell anemia and access to 125 new and better embryonic stem ment. many other medical conditions, including spi- cell lines, created after August 9, 2001, when Contrary to what opponents have been say- nal cord injuries. Like many other issues fac- the President announced his new stem cell ing, the Stem Cell Research Enhancement Act ing us today, however, stem cell research policy. will not federally fund the destruction of em- forces us to confront the challenge of bal- H.R. 810 expands the number of frozen em- bryos. ancing long-standing ethical questions with the bryos to be used for stem cell research by the H.R. 810 is clear that unused embryos will possibilities presented by scientific and tech- Federal Government. Federally sponsored re- be used for embryonic stem cell research only nological advancements. The remarks made search is subject to greater oversight and by decision of the donor. No federally-funded on the floor today by my colleagues have re- safeguards and higher ethical standards. Eth- research will be supported by this measure if flected the difficulty in dealing with this issue, ical controls over privately funded research the embryos were created and destroyed sole- as many members wrestle with their beliefs are limited. ly for this purpose. and emotions. Recent scientific breakthroughs have dem- In February 2005, the Civil Society Institute Most familiar with this issue know that in onstrated that embryonic stem cell research conducted a nationwide survey of 1,022 adults August 2001, President Bush announced that has life saving potential. It could result in sav- and found that 70 percent supported bipar- federal funds for the first time would be used ing millions of lives. It could be the answer to tisan federal legislation to promote embryonic to support research on human embryonic stem the prayers of those who suffer from Parkin- stem cell research. cells. However, the funding would be limited to son’s, diabetes, cancer, heart disease, spinal Let public interest triumph over ideological ‘‘existing stem cell lines.’’ The National Insti- cord injuries and other debilitating conditions. special interests. Public interest is best served tutes of Health (NIH) has established the Recent studies have set back the case for the when the medical and the scientific community Human Embryonic Stem Cell Registry, which efficacy of adult stem cells. is free to exercise their professional judgment lists stem cell lines that are eligible for use in Embryonic stem cell research will continue in extending and enhancing human life. federally funded research. Although 78 cell with or without the federal government. This I urge all my colleagues to vote in favor of lines are listed, 22 embryonic stem cell lines bill expands federal research, which will be the Stem Cell Research Enhancement Act. are currently available. Scientists are con- subject to greater oversight and safeguards. Ms. LORETTA SANCHEZ of California. Mr. cerned about the quality, longevity, and avail- Mr. MORAN of Virginia. Mr. Speaker, I rise Speaker, I rise today in strong support of H.R. ability of the eligible stem cell lines. in very strong support of the Stem Cell Re- 810, the Stem Cell Research Enhancement That is why I am a cosponsor of H.R. 810, search Enhancement Act, which will expand Act of 2005. and strongly support its passage. This impor- the federal policy and implement stricter eth- Stem cells have tremendous promise to tant legislation increases the number of lines ical guidelines for this research. treat a myriad of devastating diseases and of stem cells that would be eligible to be used Embryonic stem cell research is necessary disorders. in federally funded research. It does so, how- in discovering the causes of a myriad of ge- Embryonic stem cells can become any cell ever, by requiring that the stem cells meet cer- netic diseases, to testing new drug therapies type in the body, and their promise lies in the tain requirements. Specifically, the stem cells more efficiently on laboratory tissue instead of ability to tailor-make cellular treatments, heart must be derived from human embryos do- human volunteers, and to staving off the rav- muscle for heart disease, pancreas cells for nated from in vitro fertilization clinics. They ages of disease with the regeneration of our diabetes, or nervous system cells for spinal also must have been created for the purpose bodies’ essential organs. cord injury. of fertility treatment, but were in excess of the President George W. Bush’s policy on stem Stem cells are relatively new on the re- clinical need. The embryos must also not have cell research limits federal funding only to em- search scene; it was only in 1998 that the been intended for use in fertility treatment, and bryonic stem cell lines that were derived by techniques were developed to isolate stem would otherwise be discarded. Finally, under August 9, 2001, the date of his policy an- cells from humans, and we have a lot to learn H.R. 810, the embryos must have been do- nouncement. about how to make the cells develop in the nated by individuals seeking fertility treatment Of the 78 stem cell lines promised by Presi- ways that will be essential for therapeutic ap- with informed written consent and without any dent Bush, only 22 are available to research- plication. financial payment or other inducement to ers. Today, I would like to highlight how the make the donation. Unfortunately these stem cell lines are aged Reeve-Irvine Research Center has made sig- Mr. Speaker, I have listened as member and contaminated with mouse feeder cells, nificant head way in making the promise of after member has come to the floor to tell a making their therapeutic use for humans un- embryonic stem cells a reality. personal tale of a loved one suffering from a certain. According to the majority of scientists, Work recently published by Dr. Hans disease that, with additional research, stem if these stem cell lines were transplanted into Keirstead and his group has shown that they cells could help cure. We all have our stories people, they would provoke dangerous viruses are able to turn human embryonic stem cells Mr. Speaker. My uncle, Morris K. Udall, who in humans. into a clinically useful cell type. served in this body for decades, suffered from What is even more disturbing is the fact that To use embryonic stem cells for therapy, it Parkinson’s disease. There are too many peo- there are at least 125 new stem cell lines, is critical to devise ways to cause them to turn ple across the world suffering from devastating which are more pristine than the lines cur- into particular cell types. If un-differentiated diseases for which stem cells hold great hope rently available on the National Institutes of stem cells are transplanted into the brain or and promise. We need to foster additional re- Health registry, which are ineligible for feder- spinal cord, they may become a teratoma, a search that is conducted in an ethically re- ally-funded research because they were de- tumor made of many different cells like bone, sponsible way. H.R. 810 does just that. rived after August 9, 2001. muscle, and hair. I urge my colleagues to support this legisla- This restrictive embryonic stem cell research So, to be useful for therapy, embryonic stem tion. policy is making it increasingly more difficult to cells must be ‘‘restricted’’ to differentiate into

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00123 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11038 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 the desired cell types. That is, they must be cells appear to have a far greater potential for Mr. KIND. Mr. Speaker, I rise today in told what specific cell type to turn into as they treating disease than adult stem cells. Sci- strong support of H.R. 810, the Stem Cell Re- mature. entists regard embryonic stem cell research as search Enhancement Act of 2005. This bill Dr. Keirstead’s group has developed a one of the greatest hopes for the cure of med- would expand the current Federal policy on unique method to create these differentiated ical conditions such as Parkinson’s disease embryonic stem cell research by allowing fed- cells. and diabetes due to their unique ability to de- erally funded research on stem cell lines de- Moreover, as report in Journal of Neuro- velop into virtually any type of cell in the body. rived after August 9, 2001, while implementing science, his group has been successful in Recently, researchers at the University of strong ethical guidelines to ensure Federal transplanting these cells into an acute spinal Miami came up with a technique to transform oversight of the research. cord injury. embryonic stem cells into the insulin-producing Most of the scientific community believes Once transplanted, these cells have been cells destroyed by Type-l diabetes. Such re- that for the full potential of embryonic stem able to survive in a living organism, move to search may also help us better understand the cell research to be reached, the number of cell areas where they are needed, and do what causes of birth defects, genetic abnormalities, lines readily available to scientists must in- they are supposed to. and other conditions that arise during the crit- crease. Just last month, a number of NIH di- The result is a significant improvement in ical period of early human growth. Other pos- rectors testified before the Senate Appropria- walking ability, at least at an early time point sible medical applications include the repair of tions Committee that the current policy is re- post injury. This finding is proof of principle crippling injuries such as spinal cord damage strictive and hinders scientific progress. We that human embryonic stem cells can be a and the ability to correct the damaging side ef- are already at risk of losing our scientific and viable therapeutic agent. fects of existing medical treatments like chem- technological edge because of increasing Dr. Keirstead’s cells are on the federally ap- otherapy. competition around the world. proved list. They are among the very few lines This debate is not about whether or not em- Other countries—such as China, India, and that are actually usable, and he is among the bryonic stem cell research will progress, for it the United Kingdom—are forging ahead with very few who have had access to human em- surely will. This research is already taking embryonic stem cell research because of less bryonic stem cells. place around the globe, and right here in restrictive policies. India, for example, has an Dr. Keirstead’s progress since 2001 when America. The question is: will we lead the extensive stem cell regulatory system, yet al- he received the cells has been remarkable. way? This debate is about American leader- lows the derivation of new stem cells from sur- His group has learned how to maintain the ship in this world. For generations America plus embryos at fertility clinics. Our restrictive embryonic stem cells, no small feat in itself. has led the world in scientific advances. We policy not only puts us at risk of losing our sci- They have learned how to transform the cells must continue to support the work of our bril- entific edge, we are also at risk of losing some into differentiated cells, they have learned how liant scientists and help them once again lead of the best American scientists to other coun- to use the cells to treat new spinal cord injury the world in this vitally important new field. tries where policies are less restrictive. This bipartisan legislation would expand the in animals. Important advances in the science of embry- All this in less than 4 years, and in one lab. scope of stem cell research while enacting onic stem cell research have been made since stringent procedural guidelines. All activities Imagine the progress that could have been the August 2001 policy was set. Earlier this would be subject to the strict ethical guidelines made with, 100 labs working with embryonic year, researchers at the University of Wis- of the National Institutes of Health. No federal stem cells on not only spinal cord injury but consin in Madison figured out how to grow funds would be used to conduct research on Alzheimer’s, Parkinson’s, diabetes, and so human embryonic stem cells without using unapproved stem cell lines. The cells used in many others. mouse feeder cells. This is exciting news this research will be donated voluntarily by pa- The Reeve-Irvine Research Center is one of since mouse feeder cells are thought to be a tients of in-vitro fertilization clinics. It makes no a handful of places in the U.S. that has the source of contamination if the cells are ever to sense, and it is just plain wrong to ban re- know-how to use embryonic stem cells. be used therapeutically in humans. search using embryos that are being simply With more lines available, we could readily From its earliest days, stem cell research thrown away today. address issues related to paralysis by devel- Mr. Speaker, it is not our place as legisla- has been important to the people of Wis- oping new cell populations, like motor neu- tors to decide which medical research does consin. In fact, Dr. James Thomson, a re- rons, or by testing the therapeutic quality of and does not have merit. We must not block searcher at the University of Wisconsin, was other lines. advances in life-saving and ethically con- the first to isolate and culture embryonic stem In addition, more researchers would be able ducted science. I commend my colleagues for cells. to devote their talents to this area of research. supporting this critical legislation. In 2003, this esteemed researcher received My father is suffering from Alzheimer’s. I Mr. VAN HOLLEN. Mr. Speaker, as a co- the Frank Annunzio award, given to recognize know that my family would do anything to find sponsor of the Stem Cell Research Enhance- the innovative research of American scientists a cure for this horribly degenerative disease. I ment Act of 2005, I believe that stem cell re- who devote their careers to improving the lives would ask my colleagues, would your family search holds the promise of scientific break- of people through their work in science. Wis- do any differently? Would the families of your throughs that could improve the lives of mil- consin has been at the forefront of embryonic constituents do any differently? lions of Americans. This bi-partisan legislation stem cell research from the beginning. This The Stem Cell Research Enhancement Act would provide federal funding for a wider legislation is essential to make sure the impor- of 2005 before Congress today, if passed, range of research while establishing ethical tant work of our scientists is not unnecessarily would open the door to our country’s brightest guidelines. sidetracked by politics. scientists to find the treatments that Dr. The most compelling arguments for expand- But this legislation is not only important be- Keirstead’s work suggests are really there ing federal funding for stem cell research can cause of the potential for advances in science waiting to be discovered. be heard in the heart wrenching stories of indi- and technology. More important is the fact that I urge my colleagues to support this re- viduals suffering from debilitating diseases for embryonic stem cell research could lead to search and to vote for H.R. 810. which there are currently no cures or treat- new treatments and cures for the many Ameri- Ms. CARSON. Mr. Speaker, I wish to ex- ments. While it is too late for the countless cans afflicted with life-threatening and debili- press my strong, principled and hopeful sup- Americans who have passed away from ter- tating diseases. Scientists believe these cells port of H.R. 810. I commend the vital leader- rible diseases, it is not too late for the millions could be used to treat many diseases, includ- ship of my brave colleagues, Representatives of other Americans hoping this House will sup- ing Alzheimer’s, Parkinson’s, diabetes, and CASTLE and DEGETTE, for bringing this urgent port funding for this potentially life-saving re- spinal cord injuries. However, the promise of issue to the floor. source. For these patients and their families this research may not be reached if the Fed- Federal funding for embryonic stem cell re- stem cell research is the last hope for a cure. eral policy is not expanded. search is needed to help American scientists This bill provides that embryos that are oth- Mr. Speaker, it has become increasingly move this research forward, research which erwise likely to be discarded can be used to clear that the American public supports ex- has the potential to revolutionize medicine and help develop treatments for debilitating dis- panding the Federal stem cell policy. Just yes- save countless lives. eases and life saving cures. We should allow terday, results from a survey of Wisconsin vot- While adult stem cells have been very use- federally supported research to proceed to find ers were released showing overwhelming sup- ful in treating some cancers, embryonic stem such treatments and cures. port for embryonic stem cell research. Nearly

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00124 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11039 two-thirds of those polled support expanding other areas of research that may render use cerns. If we do, we will recognize that stem Federal policies to support more research—re- of these cells unnecessary for many applica- cell research and treatment of disease should gardless of party affiliation. tions. To make such exaggerated claims, at actively proceed with those adult and cord I strongly urge my colleagues to join me in this stage of our knowledge, is not only sci- stem cells that are providing and will increas- supporting this important legislation that will entifically irresponsible—it is deceptive and ingly provide excellent and exciting cures for allow science to move forward unimpeded, cruel to millions of patients and their families patients in need. has the potential to revolutionize the practice who hope desperately for cures and have OCTOBER 27, 2004. of medicine, and can offer hope to the millions come to rely on the scientific community for Senator JOHN F. KERRY, of Americans suffering from debilitating dis- accurate information. . . . Non-embryonic John Kerry for President, eases. stem cells’’ on the other hand have a history Washington, DC. Mr. WOOLSEY. Mr. Speaker, I rise today in ‘‘very different from that of embryonic stem DEAR SENATOR KERRY: Recently you have support of this bill and all of the promise that made the promotion of embryonic stem cell cells.’’ Cord and adult stem cells are ‘‘Pro- research, including the cloning of human comes with funding embryonic stem cell re- ducing undoubted clinical benefits and . . . (b) embryos for research purposes, into a center- search. This bill represents an important step one marrow transplants’’ have benefited ‘‘pa- piece of your campaign. You have said you forward for the scientific and medical commu- tients with various forms of cancer for many will make such research a ‘‘top priority’’ for nities in our country, offering hope to the mil- years before it was understood that the active government, academia and medicine (Los lions of Americans who suffer from diseases ingredients in these transplants are stem cells. Angeles Times, 10/17/04). You have even that stem cell therapies may be able to cure. . . . Use of these cells poses no serious eth- equated support for this research with re- Unfortunately, President Bush has threat- ical problem, and may avoid all problems of spect for ‘‘science,’’ and said that science must be freed from ‘‘ideology’’ to produce ened to veto this bill when it arrives on his tissue rejection if stem cells can be obtained desk. I am appalled that a President who talks miracle cures for numerous diseases. from a patient for use in that same patient. As professionals trained in the life sciences so much about embracing a ‘‘culture of life’’ . . . In contrast to embryonic stem cells, adult we are alarmed at these statements. would deny funding for a possible cure that stem cells are in established or experimental First, your statements misrepresent could save a child from suffering from juvenile use to treat human patients with several science. In itself, science is not a policy or a diabetes; repair a damaged spinal cord to dozen conditions. . . . They have been or are political program. Science is a systematic allow a person to walk again; save a grand- being assessed in human trials for treatment method for developing and testing parent from the onset of Alzheimer’s disease; of spinal cord injury, Parkinson’s disease, hypotheses about the physical world. It does not ‘‘promise’’ miracle cures based on scanty or put a halt to the ravages of Parkinson’s dis- stroke, cardiac damage, multiple sclerosis,’’ ju- ease. evidence. When scientists make such asser- venile diabetes ‘‘and so on. . . . tions, they are acting as individuals, out of The potential benefits from embryonic stem ‘‘Therefore . . . to declare that’’ embryonic their own personal faith and hopes, not as cell research are almost boundless and would stem cell research ‘‘will . . . receive any par- the voice of ‘‘science’’. If such scientists certainly touch the life of a friend or family ticular amount of federal funding, regardless of allow their individual faith in the future of member of everyone in America. Mr. Bush’s future evidence or the usual scientific peer re- embryonic stem cell research to be inter- ban on providing Federal funds for stem cell view process—is . . . irresponsible. It is, in preted as a reliable prediction of the out- research has seriously damaged our Nation’s fact, a subordination of science to ideology. come of this research, they are acting irre- efforts to be a leading voice in the develop- ‘‘Because politicians, biotechnology interests sponsibly. ment of this new technology. Second, it is no mere ‘‘ideology’’ to be con- and even some scientists have publicly exag- cerned about the possible misuse of humans Allowing Federal funding for research on gerated the ‘‘promise’’ of embryonic stem in scientific research. Federal bioethics advi- stem cells is vital to making real progress as cells, public perceptions of this avenue have sory groups, serving under both Democratic quickly as possible to find real cures. I urge become skewed and unrealistic. Politicians and Republican presidents, have affirmed my colleagues to join me in supporting this bill may hope to benefit from these false hopes to that the human embryo is a developing form that will certainly have long-lasting effects in win elections. . . . The scientific and medical of human life that deserves respect. Indeed improving the health and well being of millions professions have no such luxury. When des- you have said that human life begins at con- of Americans. perate patients discover that they have been ception, that fertilization produces a ‘‘human being.’’ To equate concern for these Mr. PRICE of Georgia. Mr. Speaker, as a subjected to a salesman’s pitch rather than an physician I’m certain of one thing: Science is beings with mere ‘‘ideology’’ is to dismiss objective and candid assessment of possibili- the entire history of efforts to protect not Republican or Democrat, Science is not ties, we have reason to fear public backlash human subjects from research abuse. conservative or liberal. Science is science. De- against the credibility of our profession. We Third, the statements you have made re- cisions in science should be based on the sci- urge you not to exacerbate this problem now garding the purported medical applications entific method—a standardized method of by repeating false promises that exploit pa- of embryonic stem cells reach far beyond any evaluation and implementation of a solution or tients’ hopes for political gain.’’ credible evidence, ignoring the limited state treatment of a disease. I have quoted from a letter signed by 57 sci- of our knowledge about embryonic stem cells When followed, it allows for the greatest entists—MD’s and PhD’s—written during last and the advances in other areas of research amount of critical thinking about any issue. If that may render use of these cells unneces- year’s presidential campaign. It expressed real sary for many applications. To make such followed, it results in the best outcome. This concern about a cavalier public posture and exaggerated claims, at this stage of our would be true in public policy as well. If not policy during a debate on such a sensitive eth- knowledge, is not only scientifically irre- followed in a legislative body, then decisions ical matter. sponsible—it is deceptive and cruel to mil- tend to be made based upon who has the It seems to me that there is one unmistak- lions of patients and their families who hope largest group of supporters or greatest pas- able fact: Many in our society have sincere, desperately for cures and have come to rely sion and emotion. Now there is nothing wrong heartfelt, passionate, ethical questions, worthy on the scientific community for accurate in- with numbers, passion or emotion, it just may of our respect, regarding the scientific or med- formation. not get you to the correct solution—especially What does science tell us about embryonic ical use of ES cells. stem cells? The facts can be summed up as in the scientific arena. If our goal is truly to cure diseases and help follows: There has been significant misrepresenta- patients, science tells us that today the use of At present these cells can be obtained only tion of science today and in this debate, be- adult and cord stem cells has successfully by destroying live human embryos at the cause ‘‘science is not a policy or a political treated or holds real potential for treating near- blastocyst (4–7 days old) stage. They pro- program. Science is a systematic method for ly 60 diseases. The same cannot be said for liferate rapidly and are extremely versatile, developing and testing hypotheses about the ES cells. ultimately capable (in an embryonic envi- physical world. It does not promise miracle And adult stem cells carry none of the eth- ronment) of forming any kind of cell found cures based on scanty evidence. . . . state- ical questions or dilemma of ES cells. in the developed human body. Yet there is scant scientific evidence that embryonic ments . . . made regarding the purported I support stem cell research—active, ag- stem cells will form normal tissues in a cul- medical applications of embryonic stem cells gressive, scientifically based—with respect for ture dish, and the very versatility of these reach far beyond any credible evidence, ignor- the difficult ethical questions we face today. cells is now known to be a disadvantage as ing the limited state of our knowledge about I urge my colleagues to join me in respect- well—embryonic stem cells are difficult to embryonic stem cells and the advances in ing current science—in respecting ethical con- develop into a stable cell line, spontaneously

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00125 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11040 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 accumulate genetic abnormalities in culture, simple addition of new cells unless the un- Maureen L. Condic, Ph.D., Associate Pro- and are prone to uncontrollable growth and derlying problem—a faulty immune system fessor, Department of Neurobiology and tumor formation when placed in animals. that attacks the body’s own cells as though Anatomy, University of Utah School of Med- Almost 25 years of research using mouse they were foreign invaders—is corrected. icine. embryonic stem cells have produced limited In short, embryonic stem cells pose one es- Keith A. Crist, Ph.D., Associate Professor, indications of clinical benefit in some ani- pecially controversial avenue toward under- Department of Surgery, Medical College of mals, as well as indications of serious and standing and (perhaps) someday treating Ohio. potentially lethal side-effects. Based on this various degenerative diseases. Based on the Keith A. Crutcher, Ph.D., Professor, De- evidence, claims of a safe and reliable treat- available evidence, no one can predict with partment of Neurosurgery, University of Cin- ment for any disease in humans are pre- certainty whether they will ever produce cinnati Medical Center. mature at best. clinical benefits—much less whether they Frank Dennehy, M.D., FAAFP, Assistant Embryonic stem cells obtained by destroy- will produce benefits unobtainable by other, Clinical Professor of Family Medicine, Vir- ing cloned human embryos pose an addi- less ethically problematic means. ginia Commonwealth University. tional ethical issue—that of creating human Therefore, to turn this one approach into a Kenneth J. Dormer, M.S., Ph.D., Professor lives solely to destroy them for research— political campaign—even more, to declare of Physiology, University of Oklahoma Col- and may pose added practical problems as that it will be a ‘‘top priority’’ or receive lege of Medicine. well. The cloning process is now known to any particular amount of federal funding, re- Lawrence W. Elmer, M.D., Ph.D., Associate produce many problems of chaotic gene ex- gardless of future evidence or the usual sci- Professor, Dept. of Neurology Director, Par- pression, and this may affect the usefulness entific peer review process—is, in our view, kinson’s Disease and Movement Disorder and safety of these cells. Nor is it proven irresponsible. It is, in fact, a subordination Program, Medical Director, Center for Neu- that cloning will prevent all rejection of em- of science to ideology. rological Disorders, Medical College of Ohio. bryonic stem cells, as even genetically Because politicians, biotechnology inter- Kevin T. FitzGerald, SJ, Ph.D., David P. matched stem cells from cloning are some- ests and even some scientists have publicly Lauler Chair in Catholic Health Care Ethics, times rejected by animal hosts. Some animal exaggerated the ‘‘promise’’ of embryonic Research Associate Professor, Department of trials in research cloning have required plac- stem cells, public perceptions of this avenue Oncology, Georgetown University Medical ing cloned embryos in a womb and devel- have become skewed and unrealistic. Politi- Center. oping them to the fetal stage, then destroy- cians may hope to benefit from these false Raymond F. Gasser, Ph.D., Professor, De- ing them for their more developed tissues, to hopes to win elections, knowing that the col- partment of Cell Biology and Anatomy, Lou- provide clinical benefit—surely an approach lision of these hopes with reality will come isiana State University School of Medicine. that poses horrific ethical issues if applied to only after they win their races. The sci- Hans Geisler, M.D., Clinical Professor of humans. entific and medical professions have no such Obstetrics and Gynecology, Indiana Univer- Non-embryonic stem cells have also re- luxury. When desperate patients discover sity Medical Center. ceived increasing scientific attention. Here that they have been subjected to a sales- Donald A. Godfrey, Ph.D., Professor of Oto- the trajectory has been very different from man’s pitch rather than an objective and laryngology, Department of Surgery, Med- that of embryonic stem cells: Instead of de- candid assessment of possibilities, we have ical College of Ohio. veloping these cells and deducing that they reason to fear a public backlash against the Samuel Hensley, M.D., Assistant Clinical may someday have a clinical use, research- credibility of our professions. We urge you Professor, School of Medicine, University of ers have discovered them producing un- not to exacerbate this problem now by re- Mississippi. doubted clinical benefits and then sought to peating false promises that exploit patients’ David C. Hess, M.D., Professor and Chair- better understand how and why they work so hopes for political gain. man, Department of Neurology, Medical Col- they can be put to more uses. Bone marrow Signed, lege of Georgia. transplants were benefiting patients with Rodney D. Adam, M.D., Professor of Medi- Paul J. Hoehner, M.D., MA, Ph.D., FAHA various forms of cancer for many years be- cine and Microbiology/Immunology, Univer- Associate Professor, Department of Anesthe- fore it was understood that the active ingre- sity of Arizona College of Medicine. siology, The University of Virginia School of dients in these transplants are stem cells. Michael J. Behe, Ph.D., Professor of Bio- Medicine. Non-embryonic stem cells have been discov- logical Sciences, Lehigh University. C. Christopher Hook, M.D., Consultant in ered in many unexpected tissues—in blood, Thomas G. Benoit, Ph.D., Professor and Hematology and Internal Medicine, Assist- nerve, fat, skin, muscle, umbilical cord Chairman of Biology, McMurry University, ant Professor of Medicine, Mayo Clinic Col- blood, placenta, even dental pulp—and doz- Abilene, TX. lege of Medicine. ens of studies indicate that they are far more David L. Bolender, Ph.D., Department of Elizabeth A. Johnson, M.D., Consultant, versatile than once thought. Use of these Cell Biology, Neurobiology and Anatomy, Hematology/Oncology, Mayo Clinic Jackson- cells poses no serious ethical problem, and Medical College of Wisconsin. ville Assistant Professor of Oncology, Mayo may avoid all problems of tissue rejection if Daniel L. Burden, Ph.D., Assistant Pro- Clinic College of Medicine. stem cells can be obtained from a patient for fessor of Chemistry, Wheaton College. Nancy L. Jones, Ph.D., Associate Professor use in that same patient. Clinical use of non- William J. Burke, M.D., Ph.D., Professor in of Pathology, Wake Forest University embryonic stem cells has grown greatly in Neurology, Associate Professor in Medicine, School of Medicine. recent years. In contrast to embryonic stem Associate Professor in Neurobiology, Saint C. Ward Kischer, Ph.D., Emeritus Pro- cells, adult stem cells are in established or Louis University Medical Center. fessor, Cell Biology and Anatomy, Specialty experimental use to treat human patients Mark W. Burket, M.D., Professor of Medi- in Human Embryology, University of Ari- with several dozen conditions, according to cine, Division of Cardiology, Medical College zona College of Medicine. the National Institutes of Health and the Na- of Ohio. Kirsten J Lampi, M.S., Ph.D., Associate tional Marrow Donor Program (Cong. W. Malcolm Byrnes, Ph.D., Assistant Pro- Professor of Integrative Biosciences, School Record, September 9, 2004, pages H6956–7). fessor, Department of Biochemistry and Mo- of Dentistry, Oregon Health Sciences Univer- They have been or are being assessed in lecular Biology, Howard University College sity. human trials for treatment of spinal cord in- of Medicine. John I. Lane, M.D., Assistant Professor of jury, Parkinson’s disease, stroke, cardiac Steven Calvin, M.D., Assistant Professor of Radiology, Mayo Clinic School of Medicine. damage, multiple sclerosis, and so on. The OB/GYN and Women’s Health, Co-Chair, Pro- David L. Larson, M.D., Professor and results of these experimental trials will help gram in Human Rights in Medicine, Univer- Chairman, Department of Plastic Surgery, us better assess the medical prospects for sity of Minnesota School of Medicine. Medical College of Wisconsin. stem cell therapies. James Carroll, M.D., Professor of Neu- Micheline Mathews-Roth, M.D., Associate In the case of many conditions, advances rology, Pediatrics, and Biochemistry and Professor of Medicine, Harvard Medical are likely to come from sources other than Molecular Biology, Medical College of Geor- School. any kind of stem cell. For example, there is gia. Roger R. Markwald, Ph.D., Professor and a strong scientific consensus that complex John R. Chaffee, M.D., Assistant Clinical Chair, Department of Cell Biology and Anat- diseases such as Alzheimer’s are unlikely to Professor, Department of Family Medicine, omy, Medical University of South Carolina. be treated by any stem cell therapy. When University of Washington. Victor E. Marquez, Ph.D., Chief, Labora- asked recently why so many people nonethe- Robert Chasuk, M.D., Clinical Assistant tory of Medicinal Chemistry, Center for Can- less believe that embryonic stem cells will Professor, Department of Family Medicine, cer Research, National Cancer Institute, provide a cure for Alzheimer’s disease, NIH Tulane University. Frederick, Maryland. stem cell expert Ron McKay commented that William P. Cheshire, Jr., M.D., Associate Ralph P. Miech, M.D., Ph.D., Associate ‘‘people need a fairy tale’’ (Washington Post, Professor of Neurology, Mayo Clinic. Professor Emeritus, Department of Molec- June 10, 2004, page A3). Similarly, auto- Richard A. Chole, M.D., Ph.D., Professor ular Pharmacology, Physiology & Bio- immune diseases like juvenile diabetes, and Head of Otolaryngology, Washington technology, Brown University School of lupus and MS are unlikely to benefit from University in St. Louis, School of Medicine. Medicine.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00126 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11041 Mary Ann Myers, M.D., Associate Pro- the replacement of damaged cells and organs, ers, yet almost 4 years later, there are at fessor, Medical College of Ohio. the mechanics of life-threatening diseases, most, only 22 lines available. Even worse, Rimas J. Orentas, Ph.D., Associate Pro- and the testing and development of new many of these lines are contaminated with ani- fessor of Pediatrics, Hematology-Oncology Section, Medical College of Wisconsin. drugs. Adult stem cells, on the other hand, mal cells that make them unusable for human Robert D. Orr, M.D., CM, Clinical Ethicist have not shown this ability to differentiate into therapeutic study. Mr. Speaker, the time has and Professor, University of Vermont Col- specific types of cells, have not yet been iden- arrived for Congress to unshackle our re- lege of Medicine. tified in all vital organs, and are difficult to searchers and scientists and allow them to ex- Jean D. Peduzzi-Nelson, Ph.D., Research identify, purify, and grow. pand the number of stem cell lines that are eli- Associate Professor, Department of Visual Although embryonic stem cell research gible for federally funded research. Sciences, University of Alabama at Bir- promises extraordinary medical discoveries, Indeed, Mr. Speaker, our own top scientists mingham. Edmund D. Pellegrino, M.D., Emeritus the available supply of existing embryonic and officials at the National Institutes of Professor, Medicine and Medical Ethics, Cen- stem cells is woefully insufficient. According to Health, NIH, have stated that the President’s ter for Clinical Bioethics, Georgetown Uni- the National Institutes of Health, NIH, only 22 2001 limitations have caused us to fall behind versity Medical Center. of the 78 stem cell lines that were deemed eli- in this research field. The NIH should be lead- John A. Petros, M.D., Associate Professor, gible for Federal funding by President George ing this cutting-edge research, yet it is in jeop- Urology and Pathology, Emory University. Bush in 2001 are currently available to NIH in- ardy of failing in this role should the Presi- David A. Prentice, Ph.D., Affiliated Schol- vestigators. Some of these 22 lines are too dent’s policy be allowed to continue. ar, Center for Clinical Bioethics, Georgetown expensive or difficult to obtain, and some have Some States, such as California, are at- University Medical Center. Paul J. Ranalli, M.D., FRCPC, Lecturer, been contaminated with non-human molecules tempting to fill the void left by the lack of Fed- Division of Neurology, Department of Medi- diminishing their therapeutic value for humans. eral funding. However, Mr. Speaker, as the Di- cine, University of Toronto. To make matters worse, these stem cell lines rector of the NIH has warned, this could lead John F. Rebhun, Ph.D., Adjunct Scientist, lack the genetic variation needed to develop to a patchwork of stem-cell policies, with dif- Indiana University School of Medicine. therapies that will benefit the diverse popu- ferent laws and regulations which could defeat Leonard P. Rybak, M.D., Ph.D., Professor lation of the United States. the type of collaborative research NIH is char- of Surgery, Southern Illinois University H.R. 810 addresses the shortage of embry- tered to carry out. School of Medicine. Dwayne D. Simmons, Ph.D., Director, onic stem cell lines by lifting the arbitrary and Mr. Speaker, H.R. 810 would simply allow Inner Ear Research Core Center, Department indefensible August 9, 2001 cut-off date for Federal funding for research on embryonic of Otolaryngology, Washington University stem cell eligibility. Since 2001, 128 embryonic stem-cell lines regardless of the date on which School of Medicine. stem cell lines have been developed, including they were derived. This means researchers Joseph B. Stanford, M.D., MSPH, Associate disease-specific stem cell lines that allow re- and scientists would be eligible to utilize their Professor, Family and Preventive Medicine, searchers to understand the basic cause of Federal funds for research on a new stem-cell University of Utah. some rare diseases. This legislation also pro- line as long as it met the strict ethical guide- John M. Templeton, Jr., M.D., FACS, Ad- junct Professor of Pediatric Surgery, Univer- vides stricter ethical guidelines to ensure that lines contained in the bill. Those rules restrict sity of Pennsylvania School of Medicine. only the best and most ethical stem cell re- stem cell lines to embryos that have been cre- Claire Thuning-Roberson, Ph.D., Vice search will be federally funded. ated originally for fertility purposes, and that President, Product Development and Compli- The State of California has already taken are no longer needed for fertility. Second, the ance, Sunol Molecular Corporation, steps to ensure that human embryonic stem bill requires that the embryo have no further Miramar, Florida. cell research will be allowed to develop by es- other use and be intended for destruction. Anton-Lewis Usala, M.D., Chief Executive tablishing the Institute for Regenerative Medi- Also, there must be written consent for dona- Officer and Medical Director, Clinical Trial Management Group, Greenville, North Caro- cine, which will devote $3 billion to California tion of the embryo from the individuals for lina. universities and research institutions over the whom the embryo was created. Finally, the bill Richard A. Watson, M.D., Professor of Uro- next 10 years. The passage of H.R. 810 will calls for the Director of NIH to issue guidelines logic Surgery, The University of Medicine further empower and equip California scientific to ensure that federally funded researchers and Dentistry of New Jersey Medical School. institutions to undertake cutting-edge research adhere to ethical standards. Dennis D. Weisenburger, M.D., Director of on the most pressing medical challenges of Mr. Speaker, the Stem Cell Research En- Hematopathology, Dept of Pathology and our day. hancement Act of 2005 is needed to ensure Microbiology, University of Nebraska School Let us make no mistake, the development of that the full promise of embryonic stem-cell re- of Medicine. H. Joseph Yost, PhD., Professor of lifesaving medical procedures has been search is fulfilled. H.R. 810 allows research to Oncological Sciences, University of Utah. slowed by an unwarranted restriction on stem take place in a safe, structured, and ethical Joseph R. Zanga, M.D., FAAP, FCP, Presi- cell research. I believe that, as policymakers, manner. While all stem-cell research is impor- dent, American College of Pediatricians, we have a moral imperative to pursue innova- tant, the unique ability of embryonic stem cells Professor of Pediatrics, Brody School of tive medical research that can improve the to give rise to any tissue or cell in the body Medicine, East Carolina University. quality of life and prevent harmful illnesses that makes these stem cells critically important Mr. HONDA. Mr. Speaker, I rise today in and diseases for generations to come. I urge to medical research. Therefore, I urge my col- strong support of the bipartisan Stem Cell Re- my colleagues to join the innumerable sci- leagues to support this legislation and lift the search Enhancement Act, H.R. 810, legislation entists, university leaders, patient groups, and President’s restrictions that now obstruct effec- that will dramatically expand the number of medical research groups that support H.R. tive federally funded embryonic stem-cell re- stem cell lines available for federally funded 810. search. research. This bill will allow scientists to more Mr. ACKERMAN. Mr. Speaker, I rise in sup- Mr. ROTHMAN. Mr. Speaker, as a proud effectively pursue cures and therapies for a port of H.R. 810, the Stem Cell Research En- cosponsor of H.R. 810, the Stem Cell Re- wide array of life-threatening illnesses and dis- hancement Act of 2005. Stem-cell research search Enhancement Act of 2005, I rise in abilities affecting millions of Americans. holds tremendous promise for advances in support of this legislation. Those of us who Earlier today, the House passed a related health care for all Americans. Stem-cell re- have long supported the increased accessi- but very different bill: the Stem Cell Thera- search may one day lead to treatments for bility and possibilities of ethical stem cell re- peutic and Research Act, H.R. 2520. This leg- Parkinson’s, Alzheimer’s, arthritis, cancer, dia- search appreciate the opportunity the leader- islation will create a new Federal program to betes, multiple sclerosis, spinal-cord injuries, ship has granted us by allowing a vote on this collect and store umbilical-cord-blood stem Lou Gehrig’s disease, strokes, severe burns legislation today. I would also like to thank cells for research purposes. I support the addi- and many more diseases and injuries. Representatives CASTLE and DEGETTE for their tional research on adult stem cells provided However, Mr. Speaker, nearly 4 years ago, continued persistence to bring this bill to the for by H.R. 2250, but this legislation is not a the President made an arbitrary and short- floor. substitute for H.R. 810 and its emphasis on sighted decision to limit federally funded em- We have all known someone who has suf- embryonic stem cell research. bryonic stem-cell research to stem-cell lines fered from Lou Gehrig’s disease, Alzheimer’s Embryonic stem cells have a unique ability that already existed. At that time, on August 9, disease, Parkinson’s disease, Multiple Scle- to develop into any type of cell as they ma- 2001, the President promised 78 stem-cell rosis, Rett Syndrome, lupus, pulmonary fibro- ture, offering scientists tremendous insights on lines would be available to Federal research- sis, juvenile diabetes, autism, cystic fibrosis,

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00127 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11042 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 osteoporosis, spinal cord injuries, heart dis- surance that research will be of the highest eral government should not infringe on states ease or cancer. By passing H.R. 810, we have quality and performed with the greatest dignity or private organizations that fund embryonic the opportunity to help all of those individuals and moral responsibility. The policy President stem cell research. I hope that my colleagues who are living with these and many other ill- Bush announced in August 2001 has limited will show support for all embryonic research, nesses and injuries. Embryonic stem cell re- access to stem cell lines and has stalled sci- by supporting my resolution. search holds the key to decreasing the pain entific progress. Many of us have family members suffering and suffering of so many of our friends and As a cancer survivor, I know the despera- from devastating illnesses, and the prospect of family members. Furthermore, we have a tion these families feel as they wait for a cure. helping them to be healthy and free of pain is moral obligation to do everything we can to This Congress must not stand in the way of a worthy goal. Make no mistake; this goal is help the millions of Americans, whose lives we that progress. We have an opportunity to what we are debating today. hold in our hands, by allowing Federal funding change the lives of millions, and I hope we ENTICINGLY CLOSE ... YET PAINFULLY FAR to be used for this promising research. take it. I urge my colleagues to support this (By Brooke Ellison) The authors of H.R. 810 have gone to great legislation. Mr. ISRAEL. Mr. Speaker, I rise today in The ability to view the world through an- lengths to guarantee that safeguards are in other’s eyes is the essence of altruism. When place to ensure the ethical use of embryonic strong support of this important bill. putting their pens to the paper of policy, stem cells. Embryos used for stem cell re- I have met with constituents with afflictions those who legislate ought to take into keen search under H.R. 810, will come from donor such as Alzheimer’s disease, Parkinson’s dis- consideration the world as it is seen through participation in in vitro fertilization, IVF, so em- ease, childhood leukemia, heart disease, Lou others’ eyes, wrought with the problems they bryos will not be created or cloned for re- Gehrig’s disease, diabetes, several cancers, face and conditions they endure. This is the search. This legislation also directs the ex- spinal cord injuries, and other diseases, dis- basic tenet of a representative democracy, orders and injuries. Embryonic stem cell re- the basic belief upon which the United perts at the National Institutes of Health to de- States was founded. Yet, despite this under- fine the boundaries of this research. NIH has search offers them hope. I have also met with an amazing young lying and widely accepted notion of several stated that they are prepared to institute these woman named Brooke Ellison from Long Is- voices speaking on behalf of many, this does parameters. Such restrictions will ensure that not always appear to be the case and, in fact, land. In 1990, when she was eleven years old, rogue scientists are not performing dangerous those making collective decisions can be- Brooke was hit by a car, which left her para- and unethical experiments. come inextricably linked to their own, my- lyzed from the neck down. Even with this The United States has long been the leader opic ideology, failing to understand the situ- hardship, she graduated from Harvard Univer- of groundbreaking health research. Today we ations of others or hear their voices. sity in 2000, Harvard’s Kennedy School of In September of 1990, when I was eleven have the opportunity to ensure that the rest of Government in 2004, and she is currently a years old, I was hit by a car while walking the world does not continue to take the lead Ph.D. candidate in political science at Stony home from my first day of 7th grade. That in health care advances. I urge all of my col- Brook University. Her inspiring story was accident left me paralyzed from my neck leagues to vote in favor of H.R. 810, not only made into a movie on A&E and was directed down and dependent on a ventilator for every because U.S. based researchers deserve to breath I take. Living as a person with a by the late Christopher Reeves. be at the forefront of the development of physical disability or debilitating disease, I have worked with her to raise public each day is a struggle. Tasks that, to others, promising new treatments, but also for all of awareness of the importance of stem cell re- our constituents, friends, and family members might seem mundane or be taken for granted search, and under the Unanimous Consent are strenuous challenges, sometimes taking who are counting on us to support the effort agreement, I am including an essay that long hours instead of mere minutes, causing to find cures for so many different diseases Brooke wrote on the issue in the CONGRES- frustration both from what cannot be at and illnesses. SIONAL RECORD. present and potential being lost in the fu- Ms. DELAURO. Mr. Speaker, I am proud to As everyone here knows, on August 9, ture. When we place our hopes and visions stand on the House floor today to speak in 2001, President Bush announced that embry- for our world into the hands of those making favor of the Stem Cell Research Enhancement onic stem cell research would be limited; he broad decisions, we do it with the belief that Act, legislation which will bring hope to mil- they will act on behalf of our best interest limited federal funds by limiting eligible lines and not on an isolated viewpoint. To do oth- lions of people suffering from disease in this for research. nation. I want to thank Congresswoman erwise is bad policy. To undermine the inter- Although scientists were expecting a big ests of a majority of citizens is bad policy. DEGETTE and Congressman CASTLE for their number of available lines, less than one third To ignore the voices and dash the hopes of tireless work in bringing this bill to the House of the allowed 78 lines are available for dis- those most in need is bad policy. In the con- floor for a vote. tribution. text of stem cell research legislation, these The discovery of embryonic stem cells is a The Stem Cell Research Enhancement Act are bad policies, yet policies that are being major scientific breakthrough. Embryonic stem would expand research on embryonic stem upheld. This forces millions to wonder things cells have the potential to form any cell type cells by increasing the number of lines stem like, ‘‘If I could be freed from the confines of my physical condition, what a miracle it in the human body. This could have profound cells that would be eligible for federally funded implications for diseases such as Alzheimer’s, would be.’’ Or, ‘‘If, for an entire day, I could research. once again be completely whole and my body Parkinson’s, various forms of brain and spinal This bill should not be controversial. The bill was somehow irrelevant, what a renewed gift cord disorders, diabetes, and many types of ensures that strict ethical guidelines would be that would be.’’ Or, maybe, ‘‘If, for a single cancer. According to the Coalition for the Ad- met: the embryos would have been donated moment, I could wrap my arms around those vancement of Medical Research, there are at with informed written consent and without any I love, what a treasure that would be.’’ And least 58 diseases which could potentially be financial payment or other inducement to even, ‘‘If, by some chance, those making pol- cured through stem cell research. make the donation. These are embryos that icy decisions might heed some of my recur- That is why more than 200 major patient will be discarded. Finally, the bill would not rent thoughts and change their stance on stem cell research, what a potentially groups, scientists, and medical research use any federal funds to derive the stem cells. groups and 80 Nobel Laureates support the groundbreaking step it would be.’’ The re- It is a good bill, but I wish this bill went fur- ality is that, based on current federal legis- Stem Cell Research Enhancement Act. They ther. There is still a need for other funding, be- lation, these ‘‘ifs’’ likely won’t change into know that this legislation will give us a chance cause state or private funding would be need- ‘‘thens’’. to find cures to diseases affecting 100 million ed to fund deriving the stem cells. On August 9th, 2001, from his ranch in Americans. California and New Jersey have already set Crawford, Texas, President Bush announced I want to make clear that I oppose reproduc- up funding sources for embryonic stem cell re- that he would significantly limit federal tive cloning, as we all do. I have voted against search, and a number of other states have an- funds to stem cell research, only agreeing to it in the past. However, that is vastly different nounced intentions to fund this research. We fund research conducted on to stem cell lines from stem cell research and as an ovarian must ensure that all entities can work to- already in existence at the time. According to this limitation, federally supported re- cancer survivor, I am not going to stand in the gether. Scientists still need funding for the as- search could be done on no more than 78 ex- way of science. pects of research that the Federal government isting genetic cell lines, although even the Permitting peer-reviewed Federal funds to will not cover. most optimistic estimates of viable cells be used for this research, combined with pub- Today, I am introducing a resolution that ex- were estimated to be far fewer, less than two lic oversight of these activities, is our best as- presses the sense of Congress that the Fed- dozen. To the delight of some and the grief of

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00128 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11043 others, Mr. Bush indicated that the use of black and white terms, thereby ignoring the curred because of the private sector’s ability to embryonic cells for medical research was a much more complex gray areas. Yes, it is convert government funded basic research violation of the sanctity of life, analogous to possible that, if a blastocyst, from where into life-saving applications. Government fund- abortion or euthanasia. In the President’s stems cells are derived, were to be inserted own words, ‘‘I worry about a culture that de- into a womb and allowed to grow for nine ed basic research has and continues to serve values life, and believe as your President I months there is the potential a life could be as the foundation for the medical advances have an important obligation to foster and born. However, that is not the case for any of that have improved the health and quality of encourage respect for life in America and the blastocysts that yield stem cells that are life for millions of people. throughout the world.... Embryonic stem used for research. These blastocysts are While the advances we have made in medi- cell research offers both great promise and those that will go unused after in vitro fer- cine in the last century have been both im- great peril. So I have decided we must pro- tilization procedures and will never be used pressive and historic, we have a long way to ceed with great care’’. Despite millions of to bring about life. These blastocysts, which go. Far too many people in our society suffer testimonies and pleas to the contrary since some proclaim represent the sanctity of life, from debilitating diseases like Parkinson’s, that day, over three years ago, the opinion of will only be kept in freezers at fertility clin- the administration has remained constant ics until they have expired and then will be Alzheimer’s and diabetes for which there are and has not eased any restrictions. Despite discarded completely. Under current federal no cures. The scientific community over- strides being made in other countries around legislation, they are of no use to anybody. whelmingly believes that embryonic stem cell the world in the field of stem cell research, To rob the stem cells of their other poten- research holds the potential for medical ad- the U.S. government has remained resolute tial of life, which is to cure diseases or to vances and therapies that could make these in its opposition to it. help regenerate parts of the body that are and other diseases as obsolete as polio and Research that holds so much promise for not regenerating on their own, is really to small pox, and the National Institutes of Health so many now remains unsupported by the devalue life in another, otherwise avoidable have proposed an ethically sound policy to fur- federal government. Similar to other issues way. facing our nation today, the decision of Well, others have argued, isn’t the work ther this research. I support Federal funding whether or not to fund embryonic stem cell done on stem cells just the same as cloning? for embryonic stem cell research because research is now left in the hands of the Aren’t these cells essentially promoting the without it we run the risk of missing an historic States, with the Legislatures and Governors creation of another person? The once almost opportunity to improve the lives of millions of picking up where the U.S. Congress and incomprehensible, futuristic ideas of North Carolinians, Americans and people President have left off. California, with its ‘‘cloning’’ and ‘‘body-doubles’’ are now con- around the world. Without Federal funding for Proposition 71, has been the most recent sidered feasible and fearsome possibilities, this basic research we could condemn millions State to make substantive progress on the and therapeutic stem cell research has been of human beings to the pain, misery and suf- issue, passing a referendum to support re- the unwitting victim of the prevalent fears. search conducted in the state. California Orwell’s 1984 has somehow come to life in fering of debilitating and degenerative dis- joins New Jersey in leading the charge for 2004, with the speculations made by some of eases that otherwise might be cured. state-funded stem cell research. But the about unintended, science-fiction con- I understand that many of the opponents of cause should not and must not stop there, as sequences. But, the connection between this legislation have moral qualms about using two States out of our fifty is simply not human reproduction and human therapy is a embryos for research. But the embryos cov- enough. With researchers, scientists, and foggy one at best. The real fear, though, is ered under this legislation would otherwise be human lives waiting in the wings for ad- not the potential of mad scientists reproduc- discarded, so defeat of this legislation would vances, opportunity wasted is opportunity ing people but the lost potential of sound sci- do nothing to assuage moral difficulties sur- lost. entists curing people. Therapeutic stem cell research, also known Fourteen years ago, I could have never rounding destruction of embryos. And defeat as somatic cell nuclear transfer, has the po- imagined having to advocate for something of this legislation would deny innocent victims tential to provide cures for a considerable that could potentially restore for me the of terrible diseases the opportunity of relief number of neurological and degenerative very basic aspects of life and humanity. But, from their suffering and healing of their afflic- conditions, including Alzheimer’s disease, that is something that no one should have to tions. I support funding for this research be- Parkinson’s disease, childhood leukemia, imagine. Science has given medicine more cause of the bright promise it holds to make heart disease, ALS, several different types of promise than ever before, with the potential life better and more productive for generations cancer, and spinal cord injuries. In its most to heal and restore people in ways once to come. basic description, stem cells are the undif- unfathomable. Stem cells, which would oth- Our North Carolina values guide us to ex- ferentiated, unspecialized cells that can be erwise serve no other purpose, hold the extracted from embryos in their earliest promise of life, not just for the newly born pand scientific and medical knowledge to en- stages of development, three to five days but now for the already living and this op- hance the health and well being of our fami- after fertilization. The embryos, known in portunity must be seized. The time is now. If lies, neighbors and fellow citizens, and this re- this initial developmental form as the federal government chooses not to do it, search is key to that effort. blastocysts, contain only about 30 cells. Im- then the States must tend to it, themselves. Mr. LEVIN. Mr. Speaker, I rise in support of portantly, the cells taken from the The time has come when we can change the the Stem Cell Research Enhancement Act. blastocysts can be placed in different condi- lives of so many, giving to them the funda- The American people need and want a tions to become other types of cells, such as mental parts of life and dignity. carefully crafted stem cell research policy that heart muscle or nerve tissue, which can be Mr. ETHERIDGE. Mr. Speaker, I rise in sup- used to repair similar damaged tissue in allows us to seek scientific breakthroughs. children and adults. The procedure has the port of H.R. 810, the Stem Cell Research En- We do not have such a policy today. The potential to affect directly the lives of near- hancement Act. stem cell policy established by President Bush ly 100 million Americans who face different Scientific and biomedical research and inno- is severely restrictive and arbitrary. The Na- conditions, equaling over one-third of the vation has made our Nation and our world a tional Institutes of Health has reported that of U.S. population and more than the entire safer and healthier place. Advances in medi- the 78 stem cell lines promised by President populations of New York, California, Texas, cine have made virtually obsolete killer dis- Bush, only 22 lines meet the President’s cri- and Florida, combined. As complex as em- eases like smallpox and polio, have increased teria for use. A number of those lines have de- bryonic stem cell research is in its design, it life expectancy and improved the quality of life veloped genetic mutations which will make re- is equally so in its moral debate. Thera- peutic stem cell research can sometimes be for people around the globe. From Roman search on them useless. The vast majority of confused with reproductive stem cell proce- times around 2000 years ago to 1900 life ex- the remaining usable lines are in other coun- dures, such as genetic engineering, which pectancy increased from 25 to 47 years of tries that have shown little interest in making have sparked controversy in some political age. However, because of important discov- them available to U.S. researchers. As a re- camps. The two types of research differ con- eries and advances in medicine and medical sult, our researchers are falling behind their siderably, though, both in terms of procedure treatments, by the year 2000 life expectancy counterparts in other countries, and our citi- and intent, and represent two diverse ends had increased to over 76 years of age. zens are watching their hopes for cures within on a very long, complex spectrum—an under- The advances in medicine that resulted in their lifetimes slip away. standing which often goes ignored. Well, some have argued, isn’t using stem this dramatic increase in life expectancy did What is at stake are potential cures for dis- cells just the destruction of one life for the not happen by accident. They occurred as a eases such as Alzheimer’s, Parkinson’s, dia- sake of another? Aren’t we simply judging result of visionary leadership in both the public betes and cancer. some lives as more important than others? and private sectors. They occurred as a result The Stem Cell Research Enhancement Act To hold such a belief is to view the world in of political will and public capital. They oc- expands the number of stem cell lines that are

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00129 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11044 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 available for federally funded research. The Hinchey McNulty Schiff Otter Rogers (AL) Stupak Hinojosa Meehan Schwartz (PA) Oxley Rogers (KY) Sullivan bill also implements strong ethical require- Holt Meek (FL) Schwarz (MI) Paul Rogers (MI) Tancredo ments on stem cell lines that would be eligible Honda Meeks (NY) Scott (GA) Pearce Ros-Lehtinen Taylor (MS) for federally funded research. Hooley Melancon Scott (VA) Pence Royce Taylor (NC) This is an issue that can impact families Hoyer Menendez Serrano Peterson (MN) Ryan (WI) Terry Inslee Michaud Shaw Peterson (PA) Ryun (KS) Thornberry across America, crossing all lines of income, Israel Miller (NC) Shays Petri Saxton Tiahrt political persuasion or religious affiliation. Fur- Issa Miller, George Sherman Pickering Sensenbrenner Tiberi thermore, delay in effectively resolving this Jackson (IL) Moore (KS) Simmons Pitts Sessions Turner Poe Shadegg Walsh issue could for countless Americans be a mat- Jackson-Lee Moore (WI) Skelton (TX) Moran (VA) Slaughter Pombo Sherwood Wamp ter of basic health or indeed life. Keeping in Jefferson Murtha Smith (WA) Price (GA) Shimkus Weldon (FL) mind the essential federal role in critical basic Johnson (CT) Nadler Snyder Putnam Shuster Weldon (PA) Radanovich Simpson Weller Johnson, E. B. Napolitano Solis health research, I believe that it is essential Rahall Smith (NJ) Westmoreland Jones (OH) Neal (MA) Spratt that we support this bill so our country can Rehberg Smith (TX) Whitfield Kanjorski Obey Stark Reichert Sodrel Wicker continue in the lead in exploring the frontiers Kelly Olver Strickland Renzi Souder Wilson (SC) of science and medicine. Kennedy (RI) Ortiz Sweeney Reynolds Stearns Wolf The SPEAKER pro tempore (Mr. Kilpatrick (MI) Owens Tanner Kind Pallone LAHOOD). All time for debate has ex- Tauscher NOT VOTING—2 Kirk Pascrell Thomas Hastings (WA) Millender- pired. Kolbe Pastor Thompson (CA) McDonald Pursuant to the order of the House of Kucinich Payne Thompson (MS) Monday, May 23, 2005, the bill is consid- Langevin Pelosi Tierney Lantos Platts b 1807 Towns ered read for amendment and the pre- Larsen (WA) Pomeroy Udall (CO) Ms. CARSON and Mr. BUTTER- Larson (CT) Porter vious question is ordered. Udall (NM) LaTourette Price (NC) FIELD changed their vote from ‘‘nay’’ The question is on engrossment and Upton Leach Pryce (OH) Van Hollen to ‘‘yea.’’ third reading of the bill. Lee Ramstad ´ So the bill was passed. The bill was ordered to be engrossed Levin Rangel Velazquez Visclosky The result of the vote was announced and read a third time, and was read the Lewis (CA) Regula Walden (OR) as above recorded. third time. Lewis (GA) Reyes Lofgren, Zoe Rohrabacher Wasserman A motion to reconsider was laid on The SPEAKER pro tempore. The Schultz Lowey Ross the table. question is on the passage of the bill. Lynch Rothman Waters Watson The question was taken; and the Mack Roybal-Allard f Maloney Ruppersberger Watt Speaker pro tempore announced that Markey Rush Waxman STEM CELL THERAPEUTIC AND Weiner the noes appeared to have it. Matheson Ryan (OH) RESEARCH ACT OF 2005 Mr. CASTLE. Mr. Speaker, on that I Matsui Sabo Wexler McCarthy Salazar Wilson (NM) The SPEAKER pro tempore (Mr. demand the yeas and nays. McCollum (MN) Sa´ nchez, Linda Woolsey LAHOOD). The pending business is the The yeas and nays were ordered. McDermott T. Wu question of suspending the rules and The SPEAKER pro tempore. Pursu- McGovern Sanchez, Loretta Wynn McKeon Sanders Young (AK) passing the bill, H.R. 2520. ant to clause 8 of rule XX, this 15- McKinney Schakowsky Young (FL) The Clerk read the title of the bill. minute vote on passage of H.R. 810 will The SPEAKER pro tempore. The be followed by 5-minute votes on: NAYS—194 question is on the motion offered by suspending the rules and passing H.R. Aderholt Ehlers Keller the gentleman from Texas (Mr. BAR- 2520; and Akin English (PA) Kennedy (MN) TON) that the House suspend the rules suspending the rules and passing H.R. Alexander Everett Kildee Bachus Feeney King (IA) and pass the bill, H.R. 2520, on which 1224, as amended. Baker Ferguson King (NY) the yeas and nays are ordered. The vote was taken by electronic de- Barrett (SC) Fitzpatrick (PA) Kingston This will be a 5-minute vote. vice, and there were—yeas 238, nays Bartlett (MD) Flake Kline Beauprez Forbes Knollenberg The vote was taken by electronic de- 194, not voting 2, as follows: Bilirakis Fortenberry Kuhl (NY) vice, and there were—yeas 431, nays 1, [Roll No. 204] Bishop (UT) Foxx LaHood Blackburn Franks (AZ) Latham not voting 2, as follows: YEAS—238 Blunt Gallegly Lewis (KY) [Roll No. 205] Abercrombie Capito Dingell Boehner Garrett (NJ) Linder YEAS—431 Ackerman Capps Doggett Bonilla Gillmor Lipinski Allen Capuano Doyle Bonner Gingrey LoBiondo Abercrombie Boehlert Cardoza Andrews Cardin Dreier Boozman Gohmert Lucas Ackerman Boehner Carnahan Baca Cardoza Edwards Boustany Goode Lungren, Daniel Aderholt Bonilla Carson Baird Carnahan Emanuel Brady (TX) Goodlatte E. Akin Bonner Carter Baldwin Carson Emerson Brown (SC) Graves Manzullo Alexander Bono Case Barrow Case Engel Burgess Green (WI) Marchant Allen Boozman Castle Barton (TX) Castle Eshoo Burton (IN) Gutknecht Marshall Andrews Boren Chabot Bass Chandler Etheridge Buyer Hall McCaul (TX) Baca Boswell Chandler Bean Clay Evans Camp Harris McCotter Bachus Boucher Chocola Becerra Cleaver Farr Cannon Hart McCrery Baird Boustany Clay Berkley Clyburn Fattah Cantor Hastert McHenry Baker Boyd Cleaver Berman Coble Filner Carter Hayes McHugh Baldwin Bradley (NH) Clyburn Berry Conyers Foley Chabot Hayworth McIntyre Barrett (SC) Brady (PA) Coble Biggert Cooper Ford Chocola Hefley McMorris Barrow Brady (TX) Cole (OK) Bishop (GA) Costa Fossella Cole (OK) Hensarling Mica Bartlett (MD) Brown (OH) Conaway Bishop (NY) Cramer Frank (MA) Conaway Herger Miller (FL) Barton (TX) Brown (SC) Conyers Blumenauer Crowley Frelinghuysen Costello Hobson Miller (MI) Bass Brown, Corrine Cooper Boehlert Cuellar Gerlach Cox Hoekstra Miller, Gary Bean Brown-Waite, Costa Bono Cummings Gibbons Crenshaw Holden Mollohan Beauprez Ginny Costello Boren Cunningham Gilchrest Cubin Hostettler Moran (KS) Becerra Burgess Cox Boswell Davis (AL) Gonzalez Culberson Hulshof Murphy Berkley Burton (IN) Cramer Boucher Davis (CA) Gordon Davis (KY) Hunter Musgrave Berman Butterfield Crenshaw Boyd Davis (FL) Granger Davis (TN) Hyde Myrick Berry Buyer Crowley Bradley (NH) Davis (IL) Green, Al Davis, Jo Ann Inglis (SC) Neugebauer Biggert Calvert Cubin Brady (PA) Davis, Tom Green, Gene Deal (GA) Istook Ney Bilirakis Camp Cuellar Brown (OH) DeFazio Grijalva DeLay Jenkins Northup Bishop (GA) Cannon Culberson Brown, Corrine DeGette Gutierrez Diaz-Balart, L. Jindal Norwood Bishop (NY) Cantor Cummings Brown-Waite, Delahunt Harman Diaz-Balart, M. Johnson (IL) Nunes Bishop (UT) Capito Cunningham Ginny DeLauro Hastings (FL) Doolittle Johnson, Sam Nussle Blackburn Capps Davis (AL) Butterfield Dent Herseth Drake Jones (NC) Oberstar Blumenauer Capuano Davis (CA) Calvert Dicks Higgins Duncan Kaptur Osborne Blunt Cardin Davis (FL)

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00130 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11045 Davis (IL) Israel Musgrave Solis Tiahrt Waxman Cramer Hooley Moore (KS) Davis (KY) Issa Myrick Souder Tiberi Weiner Crenshaw Hostettler Moore (WI) Davis (TN) Istook Nadler Spratt Tierney Weldon (FL) Crowley Hoyer Moran (KS) Davis, Jo Ann Jackson (IL) Napolitano Stark Towns Weldon (PA) Cubin Hulshof Moran (VA) Davis, Tom Jackson-Lee Neal (MA) Stearns Turner Weller Cuellar Hunter Murphy Deal (GA) (TX) Neugebauer Strickland Udall (CO) Westmoreland Culberson Hyde Murtha DeFazio Jefferson Ney Stupak Udall (NM) Wexler Cummings Inglis (SC) Musgrave DeGette Jenkins Northup Sullivan Upton Whitfield Cunningham Inslee Myrick Delahunt Jindal Norwood Sweeney Van Hollen Davis (AL) Israel Nadler Wicker DeLauro Johnson (CT) Nunes Tancredo Vela´ zquez Davis (CA) Issa Napolitano Wilson (NM) DeLay Johnson (IL) Nussle Tanner Visclosky Davis (FL) Istook Neal (MA) Wilson (SC) Dent Johnson, E. B. Oberstar Tauscher Walden (OR) Davis (IL) Jackson (IL) Neugebauer Diaz-Balart, L. Johnson, Sam Obey Taylor (MS) Walsh Wolf Davis (KY) Jackson-Lee Ney Diaz-Balart, M. Jones (NC) Olver Taylor (NC) Wamp Woolsey Davis (TN) (TX) Northup Dicks Jones (OH) Ortiz Terry Wasserman Wu Davis, Jo Ann Jefferson Norwood Dingell Kanjorski Osborne Thomas Schultz Wynn Davis, Tom Jenkins Nunes Doggett Kaptur Otter Thompson (CA) Waters Young (AK) Deal (GA) Jindal Nussle Doolittle Keller Owens Thompson (MS) Watson Young (FL) DeGette Johnson (CT) Oberstar Doyle Kelly Oxley Thornberry Watt Delahunt Johnson (IL) Obey Drake Kennedy (MN) Pallone DeLauro Johnson, E. B. Olver Dreier Kennedy (RI) Pascrell NAYS—1 DeLay Johnson, Sam Ortiz Duncan Kildee Pastor Paul Dent Jones (NC) Otter Edwards Kilpatrick (MI) Payne Diaz-Balart, L. Jones (OH) Owens Ehlers Kind Pearce NOT VOTING—2 Diaz-Balart, M. Kanjorski Oxley Emanuel King (IA) Pelosi Hastings (WA) Millender- Dicks Kaptur Pallone Emerson King (NY) Pence McDonald Doggett Keller Pascrell Engel Kingston Peterson (MN) Doolittle Kelly Pastor English (PA) Kirk Peterson (PA) 1817 Doyle Kennedy (MN) Paul Eshoo Kline Petri b Drake Kennedy (RI) Payne Etheridge Knollenberg Pickering So (two thirds having voted in favor Dreier Kildee Pearce Evans Kolbe Pitts thereof) the rules were suspended and Duncan Kilpatrick (MI) Pelosi Everett Kucinich Platts Edwards Kind Pence Farr Kuhl (NY) Poe the bill was passed. Ehlers King (IA) Peterson (MN) Fattah LaHood Pombo The result of the vote was announced Emanuel King (NY) Peterson (PA) Feeney Langevin Pomeroy as above recorded. Emerson Kingston Petri Ferguson Lantos Porter Engel Kirk Pickering Filner Larsen (WA) Price (GA) A motion to reconsider was laid on English (PA) Kline Pitts Fitzpatrick (PA) Larson (CT) Price (NC) the table. Eshoo Knollenberg Platts Flake Latham Pryce (OH) Etheridge Kolbe Poe Foley LaTourette Putnam f Evans Kucinich Pombo Forbes Leach Radanovich Everett Kuhl (NY) Pomeroy Ford Lee Rahall BUSINESS CHECKING FREEDOM Farr LaHood Porter Fortenberry Levin Ramstad ACT OF 2005 Fattah Langevin Price (GA) Fossella Lewis (CA) Rangel Feeney Lantos Price (NC) Foxx Lewis (GA) Regula The SPEAKER pro tempore (Mr. Ferguson Larsen (WA) Pryce (OH) Frank (MA) Lewis (KY) Rehberg LAHOOD). The unfinished business is Filner Larson (CT) Putnam Franks (AZ) Linder Reichert Fitzpatrick (PA) Latham Radanovich Frelinghuysen Lipinski Renzi the question of suspending the rules Flake LaTourette Rahall Gallegly LoBiondo Reyes and passing the bill, H.R. 1224, as Foley Leach Ramstad Garrett (NJ) Lofgren, Zoe Reynolds amended. Forbes Lee Rangel Gerlach Lowey Rogers (AL) Ford Levin Regula Gibbons Lucas Rogers (KY) The Clerk read the title of the bill. Fortenberry Lewis (CA) Rehberg Gilchrest Lungren, Daniel Rogers (MI) The SPEAKER pro tempore. The Fossella Lewis (GA) Reichert Gillmor E. Rohrabacher question is on the motion offered by Foxx Lewis (KY) Renzi Gingrey Lynch Ros-Lehtinen the gentlewoman from New York (Mrs. Frank (MA) Lipinski Reyes Gohmert Mack Ross Franks (AZ) LoBiondo Reynolds Gonzalez Maloney Rothman KELLY) that the House suspend the Frelinghuysen Lofgren, Zoe Rogers (AL) Goode Manzullo Roybal-Allard rules and pass the bill, H.R. 1224, as Gallegly Lowey Rogers (KY) Goodlatte Marchant Royce amended, on which the yeas and nays Garrett (NJ) Lucas Rogers (MI) Gordon Markey Ruppersberger Gerlach Lungren, Daniel Rohrabacher Granger Marshall Rush are ordered. Gibbons E. Ros-Lehtinen Graves Matheson Ryan (OH) This will be a 5-minute vote. Gilchrest Lynch Ross Green (WI) Matsui Ryan (WI) The vote was taken by electronic de- Gillmor Mack Rothman Green, Al McCarthy Ryun (KS) vice, and there were—yeas 424, nays 1, Gingrey Maloney Roybal-Allard Green, Gene McCaul (TX) Sabo Gohmert Manzullo Royce Grijalva McCollum (MN) Salazar not voting 8, as follows: Gonzalez Marchant Ruppersberger Gutierrez McCotter Sa´ nchez, Linda [Roll No. 206] Goode Markey Rush Gutknecht McCrery T. Goodlatte Marshall Ryan (OH) Hall McDermott Sanchez, Loretta YEAS—424 Gordon Matheson Ryan (WI) Harman McGovern Sanders Abercrombie Bishop (UT) Camp Granger Matsui Ryun (KS) Harris McHenry Saxton Ackerman Blackburn Cannon Graves McCarthy Sabo Hart McHugh Schakowsky Aderholt Blumenauer Cantor Green (WI) McCaul (TX) Salazar Hastert McIntyre Schiff Akin Blunt Capito Green, Al McCollum (MN) Sa´ nchez, Linda Hastings (FL) McKeon Schwartz (PA) Alexander Boehlert Capps Green, Gene McCotter T. Hayes McKinney Schwarz (MI) Allen Boehner Capuano Grijalva McCrery Sanchez, Loretta Hayworth McMorris Scott (GA) Andrews Bonilla Cardin Gutierrez McDermott Sanders Hefley McNulty Scott (VA) Baca Bonner Cardoza Gutknecht McGovern Saxton Hensarling Meehan Sensenbrenner Bachus Bono Carnahan Hall McHenry Schakowsky Herger Meek (FL) Serrano Baird Boozman Carson Harman McHugh Schiff Herseth Meeks (NY) Sessions Baker Boren Carter Harris McIntyre Schwartz (PA) Higgins Melancon Shadegg Baldwin Boucher Case Hart McKeon Schwarz (MI) Hinchey Menendez Shaw Barrett (SC) Boustany Castle Hastings (FL) McKinney Scott (GA) Hinojosa Mica Shays Barrow Boyd Chabot Hayes McMorris Scott (VA) Hobson Michaud Sherman Bartlett (MD) Bradley (NH) Chandler Hayworth McNulty Sensenbrenner Hoekstra Miller (FL) Sherwood Barton (TX) Brady (PA) Chocola Hefley Meehan Serrano Holden Miller (MI) Shimkus Bass Brady (TX) Clay Hensarling Meek (FL) Sessions Holt Miller (NC) Shuster Bean Brown (OH) Cleaver Herger Melancon Shadegg Honda Miller, Gary Simmons Beauprez Brown (SC) Clyburn Herseth Menendez Shaw Hooley Miller, George Simpson Becerra Brown, Corrine Coble Higgins Mica Shays Hostettler Mollohan Skelton Berkley Brown-Waite, Cole (OK) Hinchey Michaud Sherman Hoyer Moore (KS) Slaughter Berman Ginny Conaway Hinojosa Miller (FL) Sherwood Hulshof Moore (WI) Smith (NJ) Berry Burgess Conyers Hobson Miller (MI) Shimkus Hunter Moran (KS) Smith (TX) Biggert Burton (IN) Cooper Hoekstra Miller (NC) Shuster Hyde Moran (VA) Smith (WA) Bilirakis Butterfield Costa Holden Miller, Gary Simmons Inglis (SC) Murphy Snyder Bishop (GA) Buyer Costello Holt Miller, George Simpson Inslee Murtha Sodrel Bishop (NY) Calvert Cox Honda Mollohan Skelton

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00131 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11046 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 Slaughter Thomas Watson An amendment by the gentleman House on the State of the Union for the Smith (NJ) Thompson (CA) Watt from Massachusetts (Mr. MARKEY) re- further consideration of the bill (H.R. Smith (TX) Thompson (MS) Waxman Smith (WA) Thornberry Weiner garding funding for interim storage 2419) making appropriations for energy Snyder Tiahrt Weldon (FL) and reprocessing; and water development for the fiscal Sodrel Tiberi Weldon (PA) An amendment by the gentleman year ending September 30, 2006, and for Solis Tierney Weller from Massachusetts (Mr. MARKEY) re- other purposes, with Mr. GOODLATTE in Souder Towns Westmoreland Spratt Turner garding security assessments; Wexler the chair. Stark Udall (CO) An amendment by the gentleman Whitfield The Clerk read the title of the bill. Stearns Udall (NM) Wilson (NM) from Kansas (Mr. TIAHRT) regarding The CHAIRMAN. When the Com- Strickland Upton promulgation of regulations affecting Stupak Van Hollen Wilson (SC) mittee of the Whole rose earlier today, Sullivan Vela´ zquez Wolf competitiveness; all time for general debate had expired. Sweeney Visclosky Woolsey An amendment by the gentleman Pursuant to the order of the House of Tancredo Walden (OR) Wu from New York (Mr. BOEHLERT) regard- today, the amendment reported there- Tanner Walsh Wynn ing contribution of funds to ITER; and with is adopted and the bill, as amend- Tauscher Wamp Young (AK) An amendment by the gentleman Taylor (MS) Wasserman Young (FL) ed, shall be considered as original text Taylor (NC) Schultz from North Carolina (Mr. JONES) re- for the purpose of further amendment. Terry Waters garding funding for operation and No further amendment to the bill, as NAYS—1 maintenance for the Corps of Engi- amended, may be offered except: neers. DeFazio Pro forma amendments offered at Each such amendment may be offered any point in the reading by the chair- NOT VOTING—8 only by the Member named in this re- man or ranking minority member of Boswell Meeks (NY) Wicker quest or a designee, or the Member who the Committee on Appropriations or Dingell Millender- caused it to be printed in the RECORD Hastings (WA) McDonald their designees for the purpose of de- Linder Osborne or a designee, shall be considered as bate; read, shall not be subject to amend- Amendments printed in the RECORD b 1824 ment except that the chairman and and numbered 1, 2 and 5; So (two thirds having voted in favor ranking minority member of the Com- The amendment printed in the thereof) the rules were suspended and mittee on Appropriations and the En- RECORD and numbered 3, which shall be the bill, as amended, was passed. ergy and Water Development, and Re- debatable for 24 minutes; The result of the vote was announced lated Agencies Subcommittee each The amendment printed in the as above recorded. may offer one pro forma amendment RECORD and numbered 4, which shall be A motion to reconsider was laid on for the purpose of debate; and shall not debatable for 30 minutes; the table. be subject to a demand for division of An amendment by Mr. SANDERS re- the question in the House or in the garding funding for Energy Smart f Committee of the Whole. schools; MAKING IN ORDER FURTHER Except as otherwise specified, each An amendment by Mrs. BIGGERT re- AMENDED VERSION AND LIMITA- amendment shall be debatable for 10 garding Laboratory-Directed Research TION ON AMENDMENTS DURING minutes, equally divided and con- and Development; FURTHER CONSIDERATION OF trolled by the proponent and an oppo- An amendment by Mr. MARKEY re- H.R. 2419, ENERGY AND WATER nent. An amendment shall be consid- garding funding for interim storage DEVELOPMENT APPROPRIATIONS ered to fit the description stated in and reprocessing; ACT, 2006 this request if it addresses in whole or An amendment by Mr. MARKEY re- in part the object described. garding security assessments; Mr. HOBSON. Mr. Speaker, I ask The SPEAKER pro tempore. The An amendment by Mr. TIAHRT re- unanimous consent that, during fur- Clerk will report the amendment. garding promulgation of regulations af- ther consideration of H.R. 2419 in the The Clerk read as follows: fecting competitiveness; Committee of the Whole pursuant to Amendment to H.R. 2419 offered by Mr. An amendment by Mr. BOEHLERT re- House Resolution 291, the amendment I HOBSON: garding contribution of funds to ITER; Strike the provision beginning on page 2, have placed at the desk be considered An amendment by Mr. JONES of line 19; page 4, line 20; page 5, line 14; and as adopted in the House and in the North Carolina regarding funding for Committee of the Whole and be consid- page 7, line 2 and insert in lieu thereof in each instance the following: operation and maintenance of the ered as original text for purpose of fur- ‘‘Provided, That, except as provided in sec- Corps of Engineers. ther amendment; and that no further tion 101 of this Act, the amounts made avail- Each such amendment may be offered amendment to the bill, as amended, able under this paragraph shall be expended only by the Member named in the re- may be offered except: as authorized in law for the projects and ac- quest or a designee, or the Member who tivities specified in the report acompanying Pro forma amendments offered at caused it to be printed in the RECORD this Act.’’ any point in the reading by the chair- or a designee, shall be considered as man or ranking minority member of The SPEAKER pro tempore. Is there read, shall not be subject to amend- the Committee on Appropriations or objection to the request of the gen- ment except that the chairman and their designees for the purpose of de- tleman from Ohio? ranking minority member of the Com- There was no objection. bate; mittee on Appropriations and the Sub- Amendments printed in the RECORD f committee on Energy and Water Devel- and numbered 1, 2, and 5; ENERGY AND WATER DEVELOP- opment and Related Agencies each may The amendment printed in the MENT APPROPRIATIONS ACT, offer one pro forma amendment for the RECORD and numbered 3, which shall be 2006 purpose of debate; and shall not be sub- debatable for 24 minutes; The SPEAKER pro tempore. Pursu- ject to a demand for division of the The amendment printed in the ant to House Resolution 291 and rule question. RECORD and numbered 4, which shall be XVIII, the Chair declares the House in Except as otherwise specified, each debatable for 30 minutes; the Committee of the Whole House on amendment shall be debatable for 10 An amendment by the gentleman the State of the Union for the further minutes, equally divided and con- from Vermont (Mr. SANDERS) regarding consideration of the bill, H.R. 2419. trolled by the proponent and an oppo- funding for Energy Smart schools; nent. An amendment by the gentlewoman b 1830 Mr. HOBSON. Mr. Chairman, I ask from Illinois (Mrs. BIGGERT) regarding IN THE COMMITTEE OF THE WHOLE unanimous consent that title I be con- Laboratory-Directed Research and De- Accordingly, the House resolved sidered as read, printed in the RECORD velopment; itself into the Committee of the Whole and open to amendment at any point.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00132 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11047 The CHAIRMAN. Is there objection $25,000,000 shall be exclusively available for resource protection in the areas at which to the request of the gentleman from projects and activities authorized under sec- outdoor recreation is available; and of which Ohio? tion 205 of the Flood Control Act of 1948; and such sums as become available under section There was no objection. of which $8,000,000 shall be exclusively for 217 of the Water Resources Development Act projects and activities authorized under sec- of 1996, Public Law 104–303, shall be used to The text of title I is as follows: tion 14 of the Flood Control Act of 1946; and cover the cost of operation and maintenance H.R. 2419 of which $400,000 shall be exclusively for of the dredged material disposal facilities for Be it enacted by the Senate and House of Rep- projects and activities authorized under sec- which fees have been collected: Provided, resentatives of the United States of America in tion 208 of the Flood Control Act of 1954; and That, except as provided in section 101 of Congress assembled, That the following sums of which $17,400,000 shall be exclusively for this Act, the amounts made available under are appropriated, out of any money in the projects and activities authorized under sec- this paragraph shall be expended as author- Treasury not otherwise appropriated, for the tion 1135 of the Water Resources Develop- ized in law for the projects and activities fiscal year ending September 30, 2006, for en- ment Act of 1986; and of which $18,000,000 specified in the report accompanying this ergy and water development and for other shall be exclusively for projects and activi- Act. purposes, namely: ties authorized under section 206 of the REGULATORY PROGRAM Water Resources Act of 1996; and of which TITLE I For expenses necessary for administration $4,000,000 shall be exclusively for projects and CORPS OF ENGINEERS—CIVIL of laws pertaining to regulation of navigable activities authorized under section 204 of the waters and wetlands, $160,000,000, to remain DEPARTMENT OF THE ARMY Water Resources Act of 1992: Provided, That, available until expended. CORPS OF ENGINEERS—CIVIL except as provided in section 101 of this Act, The following appropriations shall be ex- the amounts made available under this para- FORMERLY UTILIZED SITES REMEDIAL ACTION pended under the direction of the Secretary graph shall be expended as authorized in law PROGRAM of the Army and the supervision of the Chief for the projects and activities specified in For expenses necessary to clean up con- of Engineers for authorized civil functions of the report accompanying this Act. tamination from sites in the United States the Department of the Army pertaining to In addition, $137,000,000 shall be available resulting from work performed as part of the rivers and harbors, flood and storm damage for projects and activities authorized under Nation’s early atomic energy program, reduction, aquatic ecosystem restoration, 16 U.S.C. 410–r–8 and section 601 of Public $140,000,000, to remain available until ex- and related purposes. Law 106–541. pended. GENERAL INVESTIGATIONS FLOOD CONTROL, MISSISSIPPI RIVER AND TRIB- GENERAL EXPENSES For expenses necessary for the collection UTARIES, ARKANSAS, ILLINOIS, KENTUCKY, For expenses necessary for general admin- and study of basic information pertaining to LOUISIANA, MISSISSIPPI, MISSOURI, AND istration and related civil works functions in river and harbor, flood and storm damage re- TENNESSEE the headquarters of the United States Army duction, aquatic ecosystem restoration, and For expenses necessary for the flood dam- Corps of Engineers, the offices of the Divi- related projects, restudy of authorized age reduction program for the Mississippi sion Engineers, the Humphreys Engineer projects, miscellaneous investigations, and, River alluvial valley below Cape Girardeau, Center Support Activity, the Institute for when authorized by law, surveys and detailed Missouri, as authorized by law, $290,000,000 to Water Resources, the United States Army studies and plans and specifications of remain available until expended, of which Engineer Research and Development Center, projects prior to construction, $100,000,000 to such sums as are necessary to cover the Fed- and the United States Army Corps of Engi- remain available until expended: Provided, eral share of operation and maintenance neers Finance Center, $152,021,000 to remain That, except as provided in section 101 of costs for inland harbors shall be derived from available until expended: Provided, That no this Act, the amounts made available under the Harbor Maintenance Trust Fund: Pro- part of any other appropriation provided in this paragraph shall be expended as author- vided, That, except as provided in section 101 this Act shall be available to fund the civil ized in law for the projects and activities of this Act, amounts made available under works activities of the Office of the Chief of specified in the report accompanying this this paragraph shall be expended as author- Engineers or the civil works executive direc- Act. ized in law for the projects and activities tion and management activities of the divi- sion offices. CONSTRUCTION specified in the report accompanying this Act. For expenses necessary for the construc- OFFICE OF ASSISTANT SECRETARY OF THE tion of river and harbor, flood and storm OPERATION AND MAINTENANCE ARMY (CIVIL WORKS) damage reduction, aquatic ecosystem res- For expenses necessary for the operation, For expenses necessary for the Office of As- toration, and related projects authorized by maintenance, and care of existing river and sistant Secretary of the Army (Civil Works), law; for conducting detailed studies, and harbor, flood and storm damage reduction, as authorized by 10 U.S.C. 3016(b)(3), plans and specifications, of such projects (in- aquatic ecosystem restoration, and related $4,000,000. cluding those involving participation by projects authorized by law; for the benefit of ADMINISTRATIVE PROVISION States, local governments, or private groups) federally listed species to address the effects Appropriations in this title shall be avail- authorized or made eligible for selection by of civil works projects owned or operated by able for official reception and representation law (but such detailed studies, and plans and the United States Army Corps of Engineers expenses not to exceed $5,000; and during the specifications, shall not constitute a com- (the ‘‘Corps’’); for providing security for in- current fiscal year the Revolving Fund, mitment of the Government to construc- frastructure owned and operated by, or on Corps of Engineers, shall be available for tion); and for the benefit of federally listed behalf of, the Corps, including administra- purchase not to exceed 100 for replacement species to address the effects of civil works tive buildings and facilities, laboratories, only and hire of passenger motor vehicles. projects owned or operated by the United and the Washington Aqueduct; for the main- GENERAL PROVISIONS States Army Corps of Engineers, tenance of harbor channels provided by a $1,763,000,000, to remain available until ex- State, municipality, or other public agency CORPS OF ENGINEERS—CIVIL pended; of which such sums as are necessary that serve essential navigation needs of gen- SEC. 101. (a) None of the funds provided in to cover the Federal share of construction eral commerce, where authorized by law; and title I of this Act shall be available for obli- costs for facilities under the Dredged Mate- for surveys and charting of northern and gation or expenditure through a reprogram- rial Disposal Facilities program shall be de- northwestern lakes and connecting waters, ming of funds that— rived from the Harbor Maintenance Trust clearing and straightening channels, and re- (1) creates or initiates a new program, Fund as authorized by Public Law 104–303; moval of obstructions to navigation, project, or activity; and of which $182,668,000, pursuant to Public $2,000,000,000 to remain available until ex- (2) eliminates a program, project, or activ- Law 99–662, shall be derived from the Inland pended, of which such sums to cover the Fed- ity; Waterways Trust Fund, to cover one-half of eral share of operation and maintenance (3) increases funds or personnel for any the costs of construction and rehabilitation costs for coastal harbors and channels, and program, project, or activity for which funds of inland waterways projects; and of which inland harbors shall be derived from the Har- are denied or restricted by this Act; $4,000,000 shall be exclusively for projects and bor Maintenance Trust Fund, pursuant to (4) reduces funds that are directed to be activities authorized under section 107 of the Public Law 99–662 may be derived from that used for a specific program, project, or activ- River and Harbor Act of 1960; and of which fund; of which such sums as become avail- ity by this Act; $500,000 shall be exclusively for projects and able from the special account for the Corps (5) increases funds for any program, activities authorized under section 111 of the established by the Land and Water Conserva- project, or activity by more than $2,000,000 or River and Harbor Act of 1968; and of which tion Act of 1965, as amended (16 U.S.C. 460l– 10 percent, whichever is less; or $1,000,000 shall be exclusively for projects and 6a(i)), may be derived from that account for (6) reduces funds for any program, project, activities authorized under section 103 of the resource protection, research, interpreta- or activity by more than $2,000,000 or 10 per- River and Harbor Act of 1962; and of which tion, and maintenance activities related to cent, whichever is less.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00133 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11048 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 (b) Subsection (a)(1) shall not apply to any The CHAIRMAN. The point of order the Treasury, waiting for years to be ex- project or activity authorized under section is conceded and sustained. The provi- pended, while other critical navigation, flood 205 of the Flood Control Act of 1948, section sion is stricken from the bill. control and environmental restoration needs 14 of the Flood Control Act of 1946, section Mr. DUNCAN. Mr. Chairman, I rise to ex- 208 of the Flood Control Act of 1954, section go unmet. 107 of the River and Harbor Act of 1960, sec- press my concern about what may be the un- I understand that H.R. 2419 does not com- tion 103 of the River and Harbor Act of 1962, intended consequences of some of the Gen- pletely eliminate the use of continuing con- section 111 of the River and Harbor Act of eral Provisions applicable to the Corps of En- tracts, but the limits it proposes may be ill-ad- 1968, section 1135 of the Water Resources De- gineers in this FY 2006 Energy and Water De- vised. I am told that section 105 of the bill rep- velopment Act of 1986, section 206 of the velopment appropriations bill. I appreciate that resents an attempt to ensure that funding is Water Resources Act of 1996, or section 204 of Chairman HOBSON and Ranking Member VIS- requested each year for projects carried out the Water Resources Act of 1992. CLOSKY have faced a difficult task in trying to SEC. 102. None of the funds appropriated in using a continuing contract. However, the lan- this Act may be used by the United States meet the nation’s water resources needs in a guage that is before the House today gives Army Corps of Engineers to support activi- time of constrained budgets. I also know that Congressional priorities less favorable treat- ties related to the proposed Ridge Landfill in the Energy and Water Appropriations Sub- ment than Administration requests. Under sec- Tuscarawas County, Ohio. committee has had some concerns about how tion 105 of the bill, if a member is successful SEC. 103. None of the funds appropriated in the Corps of Engineers is managing the civil in obtaining funding for a Congressionally- this Act may be used by the United States works program, particularly as it relates to re- added project in the FY 2006 Energy and Army Corps of Engineers to support activi- ties related to the proposed Indian Run Sani- programming funds and to the use of con- Water Appropriations Act, but does not receive tary Landfill in Sandy Township, Stark tracts for work that is completed over several full funding for the project, the Corps has three County, Ohio. fiscal years—called continuing contracts. alternatives to carry out the project: (1) Hope SEC. 104. In overseeing the use of con- However, I am concerned that the legisla- to get a continuing contract awarded before tinuing and multiyear contracts for water tion before the House today will make it even February 6, 2006 (which will be difficult given resources projects, the Secretary of the more difficult to meet important navigation, the complexity of the Federal Acquisition Reg- Army shall take all necessary steps in fiscal flood control, and environmental restoration year 2006 and thereafter to ensure that the ulations); (2) Award a single year contract for Corps limits the duration of each multiyear needs all over the country. The Corps’ civil only one increment of the project (resulting in contract to the term needed to achieve a works budget request is based on the best in- increased costs); or (3) Wait until fiscal year substantial reduction of costs on the margin; formation the Corps has at the time the re- 2008 to award a continuing contract for the and limits the amount of work performed quest is made. However, circumstances can project (delaying construction of the project). each year on each project to the funding pro- change over the course of a year. Severe In contrast, Administration priorities may be vided for that project during the fiscal year. weather may increase operation and mainte- carried out using continuing contracts. Finally, SEC. 105. After February 6, 2006, none of the nance costs. Major construction projects may funds made available in title I of this Act I want to applaud the Committee’s effort to im- may be used to award any continuing con- get delayed for technical reasons. For these prove the quality of the information in the tract or to make modifications to any exist- reasons, the Corps has traditionally attempted budget documents submitted by the Corps to ing continuing contract that obligates the to maximize the benefits to the nation with the Congress each fiscal year. In fact, I believe United States Government during fiscal year available funds by reprogramming money to that if the Corps provides Congress with budg- 2007 to make payment under such contract best meet current needs and conditions. I et documents that are transparent about the for any project that is proposed for deferral agree that the Corps should get Congressional funding needs of all ongoing projects, the Ap- or suspension in fiscal year 2007 in the mate- concurrence before moving around funds that rials prepared by the Assistant Secretary of propriations Committee will have sufficient in- the Army (Civil Works) for that fiscal year have been earmarked in the report of the Ap- formation to address its concerns regarding pursuant to provisions of chapter 11 of title propriations Committee. I also agree that the both the use of continuing contracts and re- 31, United States Code. Corps needs to track and report these re- programming. SEC. 106. None of the funds made available programming decisions, so the impact on cur- This information will make it unnecessary to in title I of this Act may be used to award rent and future budgets is transparent. How- place further restrictions on the Corps’ ability any continuing contract or to make modi- ever, H.R. 2419 goes far beyond tracking and to manage the civil works program. The impor- fications to any existing continuing contract that reserves an amount for a project in ex- transparency and places severe restrictions on tance of the civil works program of the Army cess of the amount appropriated for such reprogramming—which could have adverse Corps of Engineers to our nation’s economic project pursuant to this Act. consequences for projects all over the country. security cannot be overstated. I look forward SEC. 107. None of the funds in title I of this For example, if we need to conduct emer- to continuing to work with the Committee to Act shall be available for the rehabilitation gency maintenance at Chickamauga Lock in ensure that the Corps is able to continue to and lead and asbestos abatement of the fiscal year 2006, to address the concrete carry out its mission. dredge McFarland: Provided, That amounts growth there, and the cost is more than $2 The CHAIRMAN. The Clerk will read. provided in title I of this Act are hereby re- million above the amount earmarked for oper- The Clerk read as follows: duced by $18,630,000. SEC. 108. None of the funds in this Act may ation and maintenance of that lock, the Corps TITLE II be expended by the Secretary of the Army to will not be able to reprogram funds to carry DEPARTMENT OF THE INTERIOR construct the Port Jersey element of the out that work. I don’t think that is the Commit- CENTRAL UTAH PROJECT New York and New Jersey Harbor or to reim- tee’s intent. H.R. 2419 also tries to place limits CENTRAL UTAH PROJECT COMPLETION burse the local sponsor for the construction on the Corps’ use of continuing contracts to ACCOUNT of the Port Jersey element until commit- carry out civil works projects. In a minute, I will For carrying out activities authorized by ments for construction of container handling make a point of order to remove section 104 facilities are obtained from the non-Federal the Central Utah Project Completion Act, sponsor for a second user along the Port Jer- from the bill. The Corps has had authority to $32,614,000, to remain available until ex- sey element. enter into continuing contracts since 1922, at pended, of which $946,000 shall be deposited into the Utah Reclamation Mitigation and POINT OF ORDER the discretion of the Secretary. In the Water Conservation Account for use by the Utah Mr. DUNCAN. Mr. Chairman, I rise to Resources Development Act of 1999, Con- gress removed the Secretary’s discretion and Reclamation Mitigation and Conservation a point of order against Section 104. Commission. The CHAIRMAN. The gentleman will required the Corps to begin each project for In addition, for necessary expenses in- state his point of order. which funds were provided in an Appropria- curred in carrying out related responsibil- Mr. DUNCAN. Mr. Chairman, this tions Act, using a continuing contract if the Act ities of the Secretary of the Interior, section violates clause 2 of rule XXI. It did not provide full funding. Congress made $1,736,000, to remain available until ex- changes existing law, and therefore this change in law to prevent the prior Admin- pended. constitutes legislating on an appropria- istration from imposing a full funding policy on BUREAU OF RECLAMATION tions bill in violation of House rules. the Corps. WATER AND RELATED RESOURCES The CHAIRMAN. Does any Member If Corps projects had to be fully funded, the (INCLUDING TRANSFER OF FUNDS) wish to be heard on the point of order? Corps would be able to undertake very few For management, development, and res- Mr. HOBSON. Mr. Chairman, we con- projects each year. Under a full funding policy, toration of water and related natural re- cede the point of order. most appropriated funds would simply sit in sources and for related activities, including

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00134 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11049 the operation, maintenance, and rehabilita- onstrating concurrent progress in achieving and acceptance by the Secretary of the re- tion of reclamation and other facilities, par- the goals and objectives of the Program. maining stages, including approval of the ticipation in fulfilling related Federal re- POLICY AND ADMINISTRATION quality of construction, measures to protect sponsibilities to Native Americans, and re- For necessary expenses of policy, adminis- the public health and safety, and procedures lated grants to, and cooperative and other tration, and related functions in the office of for protection of such stages; (5) the rights, agreements with, State and local govern- the Commissioner, the Denver office, and of- responsibilities, and liabilities of each party ments, Indian tribes, and others, $832,000,000, fices in the five regions of the Bureau of Rec- to the agreement; and (6) the term of the to remain available until expended, of which lamation, to remain available until ex- agreement.’’. $55,544,000 shall be available for transfer to pended, $57,917,000, to be derived from the (b) Section 2(b) of the Lower Colorado the Upper Colorado River Basin Fund and Reclamation Fund and be nonreimbursable Water Supply Act (Public Law 99–655) is $21,998,000 shall be available for transfer to as provided in 43 U.S.C. 377: Provided, That no amended by adding at the end the following: the Lower Colorado River Basin Develop- part of any other appropriation in this Act ‘‘Subject to the demand of such users along ment Fund; of which such amounts as may shall be available for activities or functions or adjacent to the Colorado River for Project be necessary may be advanced to the Colo- budgeted as policy and administration ex- water, the Secretary is further authorized to rado River Dam Fund; of which not more penses. contract with additional persons or entities than $500,000 is for high priority projects who hold Boulder Canyon Project Act sec- ADMINISTRATIVE PROVISION which shall be carried out by the Youth Con- tion 5 contracts for municipal and industrial servation Corps, as authorized by 16 U.S.C. Appropriations for the Bureau of Reclama- uses within the State of California for the 1706: Provided, That such transfers may be in- tion shall be available for purchase of not to use or benefit of Project water under such creased or decreased within the overall ap- exceed 14 passenger motor vehicles, of which terms as the Secretary determines will ben- propriation under this heading: Provided fur- 11 are for replacement only. efit the interest of Project users along the ther, That of the total appropriated, the GENERAL PROVISIONS Colorado River.’’. amount for program activities that can be fi- DEPARTMENT OF THE INTERIOR Mr. HOBSON (during the reading). nanced by the Reclamation Fund or the Bu- SEC. 201. (a) None of the funds appropriated Mr. Chairman, I ask unanimous con- reau of Reclamation special fee account es- or otherwise made available by this Act may sent that title II be considered as read, tablished by 16 U.S.C. 460l–6a(i) shall be de- be used to determine the final point of dis- printed in the RECORD and open to rived from that Fund or account: Provided charge for the interceptor drain for the San further, That funds contributed under 43 Luis Unit until development by the Sec- amendment at any point. U.S.C. 395 are available until expended for retary of the Interior and the State of Cali- The CHAIRMAN. Is there objection the purposes for which contributed: Provided fornia of a plan, which shall conform to the to the request of the gentleman from further, That funds advanced under 43 U.S.C. water quality standards of the State of Cali- Ohio? 397a shall be credited to this account and are fornia as approved by the Administrator of There was no objection. available until expended for the same pur- the Environmental Protection Agency, to The CHAIRMAN. The Clerk will read. poses as the sums appropriated under this minimize any detrimental effect of the San The Clerk read as follows: heading: Provided further, That funds avail- Luis drainage waters. able for expenditure for the Departmental Ir- (b) The costs of the Kesterson Reservoir TITLE III rigation Drainage Program may be expended Cleanup Program and the costs of the San DEPARTMENT OF ENERGY by the Bureau of Reclamation for site reme- Joaquin Valley Drainage Program shall be ENERGY PROGRAMS diation on a non-reimbursable basis. classified by the Secretary of the Interior as ENERGY SUPPLY AND CONSERVATION CENTRAL VALLEY PROJECT RESTORATION reimbursable or nonreimbursable and col- For Department of Energy expenses includ- FUND lected until fully repaid pursuant to the ing the purchase, construction, and acquisi- For carrying out the programs, projects, ‘‘Cleanup Program-Alternative Repayment Plan’’ and the ‘‘SJVDP-Alternative Repay- tion of plant and capital equipment, and plans, and habitat restoration, improvement, other expenses necessary for energy supply and acquisition provisions of the Central ment Plan’’ described in the report entitled ‘‘Repayment Report, Kesterson Reservoir and energy conservation activities in car- Valley Project Improvement Act, $52,219,000, rying out the purposes of the Department of to be derived from such sums as may be col- Cleanup Program and San Joaquin Valley Drainage Program, February 1995’’, prepared Energy Organization Act (42 U.S.C. 7101 et lected in the Central Valley Project Restora- seq.), including the acquisition or condemna- tion Fund pursuant to sections 3407(d), by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds tion of any real property or any facility or 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law for plant or facility acquisition, construc- 102–575, to remain available until expended: by the United States relating to, or pro- viding for, drainage service or drainage stud- tion, or expansion, $1,762,888,000, to remain Provided, That the Bureau of Reclamation is available until expended. directed to assess and collect the full ies for the San Luis Unit shall be fully reim- amount of the additional mitigation and res- bursable by San Luis Unit beneficiaries of CLEAN COAL TECHNOLOGY toration payments authorized by section such service or studies pursuant to Federal (DEFERRAL) 3407(d) of Public Law 102–575: Provided fur- reclamation law. Of the funds made available under this ther, That none of the funds made available SEC. 202. None of the funds appropriated or heading for obligation in prior years, under this heading may be used for the ac- otherwise made available by this or any $257,000,000 shall not be available until Octo- quisition or leasing of water for in-stream other Act may be used to pay the salaries ber 1, 2006: Provided, That funds made avail- purposes if the water is already committed and expenses of personnel to purchase or able in previous appropriations Acts shall be to in-stream purposes by a court adopted de- lease water in the Middle Rio Grande or the made available for any ongoing project re- cree or order. Carlsbad Projects in New Mexico unless said gardless of the separate request for proposal purchase or lease is in compliance with the CALIFORNIA BAY-DELTA RESTORATION under which the project was selected. purchase requirements of section 202 of Pub- (INCLUDING TRANSFER OF FUNDS) lic Law 106–60. FOSSIL ENERGY RESEARCH AND DEVELOPMENT For carrying out activities authorized by SEC. 203. (a) Section 1(a) of the Lower Colo- For necessary expenses in carrying out fos- the Calfed Bay Delta Authorization Act, con- rado Water Supply Act (Public Law 99–655) is sil energy research and development activi- sistent with plans to be approved by the Sec- amended by adding at the end the following: ties, under the authority of the Department retary of the Interior, $35,000,000, to remain ‘‘The Secretary is authorized to enter into of Energy Organization Act (Public Law 95– available until expended, of which such an agreement or agreements with the city of 91), including the acquisition of interest, in- amounts as may be necessary to carry out Needles or the Imperial Irrigation District cluding defeasible and equitable interests in such activities may be transferred to appro- for the design and construction of the re- any real property or any facility or for plant priate accounts of other participating Fed- maining stages of the Lower Colorado Water or facility acquisition or expansion, the hire eral agencies to carry out authorized pur- Supply Project on or after November 1, 2004, of passenger motor vehicles, the hire, main- poses: Provided, That funds appropriated and the Secretary shall ensure that any such tenance, and operation of aircraft, the pur- herein may be used for the Federal share of agreement or agreements include provisions chase, repair, and cleaning of uniforms, the the costs of CALFED Program management: setting forth (1) the responsibilities of the reimbursement to the General Services Ad- Provided further, That the use of any funds parties to the agreement for design and con- ministration for security guard services, and provided to the California Bay-Delta Author- struction; (2) the locations of the remaining for conducting inquiries, technological in- ity for program-wide management and over- wells, discharge pipelines, and power trans- vestigations and research concerning the ex- sight activities shall be subject to the ap- mission lines; (3) the remaining design ca- traction, processing, use, and disposal of proval of the Secretary of the Interior: Pro- pacity of up to 5,000 acre-feet per year which mineral substances without objectionable so- vided further, That CALFED implementation is the authorized capacity less the design ca- cial and environmental costs (30 U.S.C. 3, shall be carried out in a balanced manner pacity of the first stage constructed; (4) the 1602, and 1603), $502,467,000, to remain avail- with clear performance measures dem- procedures and requirements for approval able until expended, of which $18,000,000 is to

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00135 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11050 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 continue a multi-year project coordinated for all naval petroleum and oil shale reserve duction in administrative expenses for the De- with the private sector for FutureGen, with- activities. partment of Energy’s public affairs department. out regard to the terms and conditions appli- ELK HILLS SCHOOL LANDS FUND It is the intent of this amendment that the in- cable to clean coal technological projects: For necessary expenses in fulfilling install- creased funds for the EnergySmart Schools Provided, That the initial planning and re- ment payments under the Settlement Agree- search stages of the FutureGen project shall program will be directly administered and the ment entered into by the United States and include a matching requirement from non- grants be directly made by the DOE’s National the State of California on October 11, 1996, as Federal sources of at least 20 percent of the Renewable Energy Laboratory and that they costs: Provided further, That any demonstra- authorized by section 3415 of Public Law 104– will not go through a third part. I am aware tion component of such project shall require 106, $48,000,000, for payment to the State of that the public affairs department of the DOE California for the State Teachers’ Retire- a matching requirement from non-Federal has received an increase of $1,000,000 above sources of at least 50 percent of the costs of ment Fund, of which $46,000,000 will be de- rived from the Elk Hills School Lands Fund. Fiscal Year 2005 funding and it is the intent of the component: Provided further, That of the this amendment to return the funding for the amounts provided, $50,000,000 is available, STRATEGIC PETROLEUM RESERVE after coordination with the private sector, public affairs department to the Fiscal Year For necessary expenses for Strategic Pe- 2005 level. for a request for proposals for a Clean Coal troleum Reserve facility development and Power Initiative providing for competi- operations and program management activi- Mr. Chairman, our Nation’s school systems tively-awarded research, development, and ties pursuant to the Energy Policy and Con- are in crisis. Their budgets are threadbare and demonstration projects to reduce the bar- servation Act of 1975, as amended (42 U.S.C. most can barely pay their teachers a living riers to continued and expanded coal use: 6201 et seq.), including the hire of passenger wage. To make matters worse, America’s Provided further, That no project may be se- motor vehicles, the hire, maintenance, and school buildings are aging—the average age lected for which sufficient funding is not operation of aircraft, the purchase, repair, is 42 years—and the vast majority could great- available to provide for the total project: and cleaning of uniforms, the reimbursement ly benefit from energy-saving improvements. Provided further, That funds shall be ex- to the General Services Administration for Unfortunately, school administrators are often pended in accordance with the provisions security guard services, $166,000,000, to re- hard-pressed to allocate any of their limited governing the use of funds contained under main available until expended. the heading ‘‘Clean Coal Technology’’ in 42 funds toward improving the energy efficiency ENERGY INFORMATION ADMINISTRATION U.S.C. 5903d as well as those contained under of their buildings and systems, even when it is the heading ‘‘Clean Coal Technology’’ in For necessary expenses in carrying out the clear that such improvements would save prior appropriations: Provided further, That activities of the Energy Information Admin- them substantial sums of money that could the Department may include provisions for istration, $86,426,000, to remain available help pay their teachers of the future. Fortu- until expended. repayment of Government contributions to nately, the Department of Energy has an en- individual projects in an amount up to the NON-DEFENSE ENVIRONMENTAL CLEANUP ergy conservation program to help these Government contribution to the project on For Department of Energy expenses, in- terms and conditions that are acceptable to schools do just that: to implement energy-sav- cluding the purchase, construction, and ac- ing strategies that save money, help children the Department including repayments from quisition of plant and capital equipment and sale and licensing of technologies from both other expenses necessary for non-defense en- learn about energy and create improved domestic and foreign transactions: Provided vironmental cleanup activities in carrying teaching and learning environments. further, That such repayments shall be re- out the purposes of the Department of En- The Department of Energy’s EnergySmart tained by the Department for future coal-re- ergy Organization Act (42 U.S.C. 7101 et seq.), Schools Program—an integral and active part lated research, development and demonstra- including the acquisition or condemnation of of the Rebuild America program—is committed tion projects: Provided further, That any any real property or any facility or for plant to building a nation of schools that are smart technology selected under this program shall or facility acquisition, construction, or ex- about every aspect of energy. The program be considered a Clean Coal Technology, and pansion, and the purchase of not to exceed provides information on energy efficient solu- any project selected under this program six passenger motor vehicles, of which five shall be considered a Clean Coal Technology tions for school bus transportation, conducting shall be for replacement only, $319,934,000, to successful building projects and teaching Project, for the purposes of 42 U.S.C. 7651n, remain available until expended. and chapters 51, 52, and 60 of title 40 of the about energy, energy efficiency, and renew- AMENDMENT OFFERED BY MR. SANDERS Code of Federal Regulations: Provided fur- able energy. It also works with school districts ther, That no part of the sum herein made Mr. SANDERS. Mr. Chairman, I offer to introduce energy-saving improvements to available shall be used for the field testing of an amendment. the physical environment, enabling many nuclear explosives in the recovery of oil and The CHAIRMAN. Would the gen- schools to leverage their energy savings to gas: Provided further, That up to 4 percent of tleman from Vermont submit his pay for needed improvements, and it takes a program direction funds available to the Na- amendment? The Clerk does not seem proactive role in promoting and supporting en- tional Energy Technology Laboratory may to have it. Is there objection to return- ergy education in our schools. be used to support Department of Energy ing to that point in the reading? activites not included in this account: Pro- Often, this enables school districts to save vided further, That the Secretary of Energy is There was no objection. big on utility bills and maintenance costs, in authorized to accept fees and contributions The Clerk read as follows: turn freeing up funds to pay for books, com- from public and private sources, to be depos- Amendment offered by Mr. SANDERS: puters and teachers, and improve indoor air ited in a contributed funds account, and Page 19, line 5, after the dollar amount, in- quality and comfort. According to the Depart- prosecute projects using such fees and con- sert the following: ‘‘(increased by ment of Energy, nationally, K–12 schools tributions in cooperation with other Federal, $1,000,000)’’. spend more than $6 billion a year on energy State, or private agencies or concerns: Pro- Page 27, line 9, after the dollar amount, in- and at least 25 percent of that could be saved sert the following: ‘‘(reduced by $1,000,000)’’. vided further, That revenues and other mon- through smarter energy management, mean- eys received by or for the account of the De- The CHAIRMAN. Pursuant to the ing energy improvements could cut the Na- partment of Energy or otherwise generated order of the House of today, the gen- by sale of products in connection with tion’s school bill by $1.5 billion each year. As projects of the Department appropriated tleman from Vermont (Mr. SANDERS) an added benefit, many of the same improve- under the Fossil Energy Research and Devel- and a Member opposed each will con- ments that help to lower a school’s energy opment account may be retained by the Sec- trol 10 minutes. consumption also serve to improve the class- retary of Energy, to be available until ex- The Chair recognizes the gentleman room environment, removing noisy, inefficient pended, and used only for plant construction, from Vermont (Mr. SANDERS). heating and cooling systems, inadequate operation, costs, and payments to cost-shar- Mr. SANDERS. Mr. Chairman, I yield lights, and ventilation systems that don’t re- ing entities as provided in appropriate cost- myself such time as I may consume. strict indoor contaminants. sharing contracts or agreements. Mr. Chairman, first I would like to In short, Mr. Chairman, the EnergySmart NAVAL PETROLEUM AND OIL SHALE RESERVES thank my colleagues for allowing me Schools program helps our Nation’s schools to For expenses necessary to carry out naval to offer the amendment. implement energy-saving strategies that save petroleum and oil shale reserve activities, including the hire of passenger motor vehi- Mr. Chairman, I have an amendment at the money, help children learn about energy and cles, $18,500,000, to remain available until ex- desk. The legislative intent of this amendment create improved teaching and learning envi- pended: Provided, That, notwithstanding any is to increase the funding for the EnergySmart ronments. My amendment would add other provision of law, unobligated funds re- Schools Program administered by the Depart- $1,000,000 to support this excellent pro- maining from prior years shall be available ment of Energy by $1,000,000, offset by a re- gram—offset by a reduction in administrative

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00136 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11051 expenses for the Department of Energy’s pub- mercial spent nuclear fuel from coming shall cause such entity to be prohibited from lic affairs department. into the Idaho National Laboratory for any further funding provided for similar ac- Mr. HOBSON. Mr. Chairman, will the storage. tivities: Provided further, That none of the gentleman yield? Would the language contained within funds herein appropriated may be: (1) used directly or indirectly to influence legislative Mr. SANDERS. I yield to the gen- the report in any way change the exist- action on any matter pending before Con- tleman from Ohio. ing law or alter the provisions of the gress or a State legislature or for lobbying Mr. HOBSON. Mr. Chairman, if we do State of Idaho’s agreement with the activity as provided in 18 U.S.C. 1913; (2) used not have to engage in any further de- Department of Energy? for litigation expenses; or (3) used to support bate, I support the gentleman and am Mr. HOBSON. Mr. Chairman, re- multi-State efforts or other coalition build- prepared to accept the amendment. claiming my time, no, it would not. ing activities inconsistent with the restric- Mr. SANDERS. Mr. Chairman, re- Mr. OTTER. I thank the gentleman tions contained in this Act: Provided further, claiming my time, I thank my friend very much for that clarification. That all proceeds and recoveries realized by very much. The CHAIRMAN. The Clerk will read. the Secretary in carrying out activities au- thorized by the Act, including but not lim- Mr. Chairman, I yield back the bal- The Clerk read as follows: ited to, any proceeds from the sale of assets, ance of my time. URANIUM ENRICHMENT DECONTAMINATION AND shall be available without further appropria- The CHAIRMAN. Is there further de- DECOMMISSIONING FUND tion and shall remain available until ex- bate on the amendment? For necessary expenses in carrying out pended. If not, the question is on the amend- uranium enrichment facility decontamina- AMENDMENT OFFERED BY MR. MARKEY ment offered by the gentleman from tion and decommissioning, remedial actions, Mr. MARKEY. Mr. Chairman, I offer Vermont (Mr. SANDERS). and other activities of title II of the Atomic an amendment. Energy Act of 1954, as amended, and title X, The amendment was agreed to. The CHAIRMAN. Is there objection Mr. HOBSON. Mr. Chairman, I move subtitle A, of the Energy Policy Act of 1992, $591,498,000, to be derived from the Fund, to to consideration of the amendment of- to strike the last word. remain available until expended, of which fered by the gentleman from Massachu- Mr. DICKS. Mr. Chairman, will the $20,000,000 shall be available in accordance setts (Mr. MARKEY)? gentleman yield? with title X, subtitle A, of the Energy Policy Hearing none, the Clerk will des- Mr. HOBSON. I yield to the gen- Act of 1992. ignate the amendment. tleman from Washington. SCIENCE The text of the amendment is as fol- Mr. DICKS. Mr. Chairman, I under- For Department of Energy expenses includ- lows: stand there is a provision in the report ing the purchase, construction and acquisi- Amendment offered by Mr. MARKEY: accompanying this bill regarding em- tion of plant and capital equipment, and Page 19, line 5, insert ‘‘(reduced by ployees of DOE contractors who are on other expenses necessary for science activi- $5,500,000) (increased by $8,500,000) (increased detail in the Washington, D.C., area. ties in carrying out the purposes of the De- by $3,500,000) (increased by $3,500,000)’’ after Mr. HOBSON. That is correct. partment of Energy Organization Act (42 ‘‘$1,762,888,000’’. Mr. DICKS. The provision applies to U.S.C. 7101 et seq.), including the acquisition Page 25, line 12, insert ‘‘(reduced by or condemnation of any real property or fa- $10,000,000)’’ after ‘‘$310,000,000’’. those who are on detail from their cility or for plant or facility acquisition, home laboratory location. Is that not construction, or expansion, and purchase of The CHAIRMAN. Pursuant to the the intent of this section? not to exceed forty-seven passenger motor order of the House of today, the gen- Mr. HOBSON. That is correct. vehicles for replacement only, including not tleman from Massachusetts (Mr. MAR- Mr. DICKS. Mr. Chairman, the gen- to exceed one ambulance and two buses, KEY) and a Member opposed each will tleman should agree that provisions $3,666,055,000, to remain available until ex- control 5 minutes. should not apply to scientists who are pended. The Chair recognizes the gentleman located here in the Washington, D.C., NUCLEAR WASTE DISPOSAL from Massachusetts (Mr. MARKEY). area and who have never been on detail For nuclear waste disposal activities to Mr. MARKEY. Mr. Chairman, I yield from their home laboratory; that is, carry out the purposes of the Nuclear Waste myself such time as I may consume. they have lived here for the duration of Policy Act of 1982, Public Law 97–425, as Mr. Chairman, the amendment which their employment without ever having amended (the ‘‘Act’’), including the acquisi- the gentleman from New Jersey (Mr. tion of real property or facility construction HOLT), the gentleman from Washington been located at the home lab. In addi- or expansion, $310,000,000, to remain avail- tion, they have not incurred additional able until expended and to be derived from (Mr. INSLEE) and I are offering would transportation and housing costs asso- the Nuclear Waste Fund: Provided, That of take $15.5 million from the Committee ciated with detailees for temporary as- the funds made available in this Act for Nu- on Appropriations, which was added on signments in the Washington, D.C., clear Waste Disposal, $3,500,000 shall be pro- to the President’s request for reproc- area. vided to the State of Nevada solely for ex- essing and nuclear waste management, Mr. HOBSON. Mr. Chairman, re- penditures, other than salaries and expenses and reallocate these funds to programs claiming my time, that is my under- of State employees, to conduct scientific that would improve energy efficiency. oversight responsibilities and participate in We are offering this amendment standing. licensing activities pursuant to the Act: Pro- Mr. DICKS. Mr. Chairman, if the gen- vided further, That $7,000,000 shall be provided today because we believe that now is tleman would yield further, would the to affected units of local governments, as de- the time to undo a policy first adopted gentleman agree that staff affiliated fined in the Act, to conduct appropriate ac- back in the 1970s which discourages re- with the Pacific Northwest National tivities and participate in licensing activi- processing of commercial spent fuel. Laboratory, located at the Joint Glob- ties: Provided further, That the distribution We believe that nonproliferation risks al Change Research Institute, who were of the funds as determined by the units of associated with reprocessing are too never detailed to Washington, D.C., local government shall be approved by the great, that reprocessing is not eco- Department of Energy: Provided further, That nomical and the additional funds rec- should be excluded from the list of con- the funds for the State of Nevada shall be tractor detailees referenced in this re- made available solely to the Nevada Division ommended for reprocessing would be port? of Emergency Management by direct pay- better spent on improving our Nation’s Mr. HOBSON. I agree. ment and units of local government by direct energy efficiency. Mr. OTTER. Mr. Chairman, will the payment: Provided further, That within 90 First, reprocessing presents grave gentleman yield? days of the completion of each Federal fiscal proliferation risks. President Ford first Mr. HOBSON. I yield to the gen- year, the Nevada Division of Emergency put this ban on reprocessing in place. tleman from Idaho. Management and the Governor of the State It gives us the high moral ground as we Mr. OTTER. Mr. Chairman, as the of Nevada and each local entity shall provide look at the North Koreans and Iranians certification to the Department of Energy gentleman knows, the State of Idaho that all funds expended from such payments to tell them not to do it. It only makes has an agreement with the United have been expended for activities authorized sense. States Department of Energy, enforce- by the Act and this Act: Provided further, Secondly, reprocessing is not eco- able by the courts, that prohibits com- That failure to provide such certification nomical. It would only be economical

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00137 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11052 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 if, in fact, there was not a glut of ura- will last 300 years and one that can technologies that can avoid some of nium, which is what it is that we have meet necessary radiation standards. the shortcomings of existing tech- in the world today. At the end of March, I visited reproc- nologies. Third, reprocessing is not safe. Twen- essing facilities in France with the Specifically, there are new reprocess- ty tons of highly radioactive material gentleman from Ohio (Chairman HOB- ing technologies that have the poten- leaked from a broken pipe at a nuclear SON). The French have embraced re- tial to minimize the waste streams of reprocessing plant in the United King- processing as a way to reduce the vol- radioactive waste products and also dom in April of this year. This area is ume of the waste by a factor of four minimize and eliminate the presence of going to remain closed for a long, long and safely store it until they decide ex- separated plutonium. This country time. actly how to recycle it. would be foolish to ignore the potential Fifth, the $15.5 million appropriated That is good for the French, but we benefits of new technologies. for reprocessing and interim storage can do better. The French are using a Our bill adds $5 million to this re- would be better spent on energy effi- technology that is between 20 and 30 search and directs the Secretary to ciency priorities. It would be better to years old and produces pure plutonium make recommendations by fiscal year just use it to work smarter and not as a by-product. The process and tech- 2007 on advanced reprocessing tech- harder. The more efficient that we nologies this bill supports today are nologies suitable for implementation make our society is the absolute fast- cutting edge and could reduce the vol- in the United States. We also direct est way in order to guarantee that we ume of our waste by a factor of 60, are that the Secretary establish a competi- would make ourselves less dependent proliferation-resistant, and almost tive process for selecting one or more upon imported oil, not moving along eliminate the long-term radiotoxicity sites for integrated spent fuel recycling the route that this $15.5 million appro- and heat problems associated with our facilities. priation would move it. current spent fuel. After running through a nuclear re- Mr. Chairman, I reserve the balance Unfortunately, the Markey amend- actor, spent nuclear fuel still contains of my time. ment would have us forgo the benefits 97 percent of its energy value, yet we Mr. HOBSON. Mr. Chairman, I claim of this research. continue to plan to bury the spent fuel the time in opposition to the amend- Mr. MARKEY. Mr. Chairman, could underground rather than recycle it, as ment. you tell us how much time is remain- other countries do very successfully. The CHAIRMAN. The gentleman ing on either side. The current Yucca Mountain reposi- from Ohio is recognized for 5 minutes. The CHAIRMAN. The gentleman tory will be full to its authorized ca- Mr. HOBSON. Mr. Chairman, I yield 2 from Massachusetts (Mr. MARKEY) and pacity by the year 2010. If we do not minutes to the gentlewoman from Illi- the gentleman from Ohio (Mr. HOBSON) look to recycle our spent fuel, then nois (Mrs. BIGGERT). each have 3 minutes remaining. DOE should start tomorrow to expand Mrs. BIGGERT. Mr. Chairman, I rise Mr. MARKEY. Mr. Chairman, I yield Yucca Mountain repository or select a today in strong opposition to the Mar- myself 1 minute. second site. In the near term, we direct key amendment, which would cut fund- Mr. Chairman, again, this is a huge the Secretary to begin moving spent ing for a program that ultimately moment. This is a decision to reverse a fuel away from reactive sites and into could solve our nuclear waste problem. policy which is 30 years old. It has gone interim storage at one or more DOE I am proud to say that I represent through Presidents, Democrat and Re- sites. I believe it is essential that the Argonne National Laboratory, which publican, going back to Gerald Ford, government demonstrate that it will has been working for years on reproc- which essentially says to the North Ko- comply with the requirement to begin essing and recycling technologies that reans, to the Iranians, to every other accepting spent fuel from the reactor will allow us to do something with country in the world, we are not going sites and begin to move it on the path spent nuclear fuel besides bury it in a to reprocess our civilian-spent fuel; to disposal in the repository. mountain. If you think of nuclear fuel you should not do it either. You should I strongly oppose living in the past. like a log, we currently burn only 3 stay away from it. This is too dan- We have to move to the future. We percent of that log at both ends and gerous. have to get back into this business. then pull it out of the fire to bury it. We otherwise will wind up preaching This is safe, this is responsible, and it The bulk of what we call nuclear waste temperance from a bar stool. We will is the way this country should move is actually nuclear fuel, which still be in a situation where we will be re- forward and not live in the past. Use contains over 90 percent of its original processing civilian-spent fuel into plu- new technology. energy content. tonium, and we will be trying to tell Mr. Chairman, I reserve the balance the rest of the world that they should of my time. b 1845 not do it. It would be like your father Mr. MARKEY. Mr. Chairman, I yield Does that make sense? No, but that telling you that you should not smoke 11⁄2 minutes to the gentleman from is our current policy, and it is just with a pack of Camels in his hand. It Washington (Mr. INSLEE). plain wasteful. just does not work. You have to have Mr. INSLEE. Mr. Chairman, the gen- Instead, scientists have developed some standard as a Nation on a policy tleman from Massachusetts (Mr. MAR- ways to reprocess and recycle today’s as important as the reprocessing of KEY) has addressed the serious rami- waste and turn it back into fuel. There plutonium in order to take that posi- fications of abandoning this bipartisan are many advantages to these tech- tion and be a leader worldwide. policy regarding reprocessing; but nologies which have names like UREX+ Mr. Chairman, I reserve the balance there is another evil that this amend- and pyroprocessing. of my time. ment will fix, and that is an evil that, They are proliferation-resistant, un- Mr. HOBSON. Mr. Chairman, I yield again, trying to go back to America’s like other, older technologies already myself such time as I may consume. commitment not to do interim storage, in use throughout the world, including I do not support the gentleman’s that we made on a bipartisan basis places like France, England, and Rus- amendment transferring all of the back in 1990. We made a very conscious, sia. They reduce the volume of our nu- funds proposed for our spent fuel recy- bipartisan decision not to try to stick clear waste so much so that we will not cling initiative. these communities with the misnomer need to build another Yucca Mountain. Our bill, and the administration’s of interim storage. They also reduce the toxicity, the heat budget request, includes $750 million Interim storage of radioactive waste and radioactivity, of the waste so that for the Advanced Fuel Recycle Initia- in America is sort of like the interim it will not have to be stored for 10,000 tive under the Office of Nuclear En- pyramids of Egypt: they tend to stay years, but rather for only 300 years. ergy, Science and Technology. Among around a long time. There is nothing That is still a long time, but we can de- other activities, this program funds re- interim about this effort to put this in sign with certainty a repository that search into advanced reprocessing the Hanford Nuclear Reservation, a

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00138 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11053 place where we had 450 million gallons to limit access to reprocessing technology, ar- candidate to get a nuclear waste dump. Talk of radioactive waste already leaking guing that: about adding insult to injury. Reprocessing with a plume potentially heading to This step will prevent new states from de- sites will become defacto nuclear waste the Columbia River. It is now the larg- veloping the means to produce fissile mate- dumps. The spent nuclear fuel cannot even be est cleanup site, one of, if not the, in rial for nuclear bombs. handled to be reprocessed for 5 to 15 years— America, and yet we intend to put How are we going to credibly ask the rest it is so radioactive. And what will happen to all more radioactive waste if this amend- of the world to support us when we tell North this waste when the hard reality of the disas- ment is not adopted potentially at Korea, Iran or any other nation that they can- trous economics combined with the fact that Hanford. not have the full fuel cycle and they can’t en- our government deep in deficit cannot afford Why would we do this? This is sort of gage in reprocessing, when we are preparing to subsidize this anymore? like coal is to New Castle when you to do the same thing right here in America? It Reprocessing is not safe. Twenty tons of send radioactive material to Hanford, just won’t fly. highly radioactive material leaked from a bro- which is the very place we are trying You cannot preach nuclear temperance ken pipe at a Sellafield nuclear reprocessing to clean up. This is the last place we from a barstool. That is why President Gerald plant in the United Kingdom in April of this ought to be sticking these repositories, Ford called for an end to commercial reproc- year. The affected area of the Sellafield plant not the first place. essing back in 1976, and why no President will remain closed for months as officials de- I have to object to this being done in since then has successfully revived reprocess- vise a way of cleaning up the mess. Special report language with no hearings, with ing. robots may have to be built to clean up the no chance for the public to have input Reprocessing also is not economical. A MIT waste as the area is too radioactive for people into this major decision of our nuclear study puts the cost of reprocessing at four to enter. policy. This is a distortion of how we times that of a once-through nuclear power. Senior officials at the UK’s Nuclear Decom- have tried to make bipartisan policy The current price of concentrated uranium missioning Authority, which owns the Sellafield about these very sensitive issues, and ‘‘yellowcake’’ in the spot market is about reprocessing are pushing to close the plant al- this is why we need to pass this amend- $53.00 per kilogram. For reprocessing to be together, arguing that it is more cost-effective ment. By the way, this is not just Han- economical, there must be a sustained 8-fold to close the plant now rather than repair the ford. It is going to be driving by your increase in the long-term price of uranium. But problems only to decommission the plant as neighborhoods on its way to these the world is faced with a uranium glut. In addi- planned in 2012. three interim sites. tion, building a reprocessing plant would be The MIT Study said this about safety: Mr. MARKEY. Mr. Chairman, I yield enormously expensive. Consider Japan’s We are concerned about the safety of re- myself the remainder of my time. nearly completed Rokkasho reprocessing processing plants, because of the large radio- Mr. Chairman, this amendment goes plant—20 years in the making. Just building it active material inventories, and because the cost on the order of $20 billion. But the total record of accidents, such as waste tank ex- to a central, fundamental question plosion at Chelyabinsk in the FSU [Russia], which this Congress is going to decide cost of Rokkasho when you factor in the full life-cycle costs—including construction, oper- the Hanford waste tank leakages in the this evening. The Senate yesterday re- United States and the discharges to the envi- solved something they called the nu- ation and decommissioning costs—is esti- ronment at the Sellafield plant in the United clear option. This is the real nuclear mated to be $166 billion. Uranium costs would Kingdom. option. This is the nuclear option have to soar to 20 times what they are today The $15.5 million appropriated for reproc- for this to be economically viable. which the rest of the world is going to essing and interim storage would be better In France, Cadarache’s ATPu MOX plant look at: are we going back to nuclear spent on energy efficiency priorities. Under the has ceased commercial activity because it is reprocessing? Are we going to become not economical, but it plans to fabricate test Markey-Holt amendment, the $15.5 million the leader in a technology which we MOX assemblies to send here. In Russia, they added to the bill by the Committee for reproc- are telling the rest of the world we do too have closed their reprocessing plant, RT– essing and interim storage of nuclear waste not believe they should have, espe- 1, and still have not opened its successor, would be transferred over to three under-fund- cially since we do not even need it? RT–2. The record is becoming clearer, reproc- ed domestic energy supply priority programs, So this question of nuclear weapons essing is not economical. Why would we think as follows: in the world, nuclear proliferation, this $8.5 million would be added for Industrial that the U.S. is immune from the fundamental issue is a central issue in determining Technologies (which was cut by $16.5 million laws of economics? whether or not we are going to be the Reprocessing will not alleviate the nuclear from current levels). Despite the fact that man- leader or we are going to be spreading waste problem. Talk to the folks at Savannah ufacturing makes up 35 percent of the nation’s these technologies across the planet. River where over 30 million gallons of high- energy use, this bill would cut the industrial Vote ‘‘aye’’ on the Markey amendment. level were left behind from reprocessing. energy efficiency program to help manufactur- The amendment that the gentleman from Under this bill, Savannah River may be tar- ers deal with high energy costs and develop New Jersey (Mr. HOLT), the gentleman from geted again for interim storage for spent fuel, innovative technologies from $93 million in FY Washington (Mr. INSLEE) and I are offering awaiting reprocessing. So might Hanford and 2004 to $76 million in FY 2005, and now the would take the $15.5 million that the Appro- Idaho. In fact the bill report targets all DOE House proposes $58 million in FY 2006. We priations Committee added onto the Presi- sites, federally owned sites, non-federal fuel are heading in the wrong direction. We are try- dent’s request for the reprocessing and nu- storage facilities, and even closed military ing to maintain manufacturing jobs. We need clear waste management and reallocate these sites. to cut energy use and improve technology, funds to programs that would improve energy The Appropriations Committee Report (page since we can’t cut wages to equate to China efficiency. 124) calls for DOE to provide ‘‘an implementa- and India. This is a national security issue. Do We are offering this amendment today be- tion plan for such early acceptance of com- we want to vacate the field in the key areas cause we believe that now is not the time to mercial spent fuel, transportation to a DOE of steel, plastics, aluminum, chemicals, forest undo a policy first adopted back in 1970s site, and centralized interim storage at one or products, glass and metal casting? We need which discourages reprocessing of commercial more DOE sites.’’ If appropriate DOE sites domestic production and this program helps spent fuel. We believe that nonproliferation can’t be found, the Report recommends that make our domestic industries more energy ef- risks associated with reprocessing are too the nuclear waste be stored at ‘‘other feder- ficient. great, that reprocessing is not economical, ally-owned sites, closed military bases, and There would be $3.5 million added for State and that the additional funds recommended for non-federal fuel storage facilities.’’ The Report Energy Program Grants (which was cut $3.8 reprocessing would be better spent on improv- calls for DOE to prepare a plan for centralized million from current levels). A recent study by ing our nation’s energy efficiency. interim storage within 120 days of enactment Oak Ridge National Laboratories concluded Reprocessing represents grave proliferation of the bill, and states its belief that DOE ‘‘al- that for every federal dollar in the State En- risks. Just look at North Korea. It has been re- ready has authority for these actions under the ergy Program: (1) $7.22 in annual energy cost processing spent fuel from its reactors to use Atomic Energy Act of 1954, as amended.’’ savings are produced; (2) $11.29 in leveraged in nuclear bombs. In response, President So, if you just had a military base in your funds are provided from the states and private Bush has asked the Nuclear Suppliers Group district closed by the BRAC, you might be a sector in 18 different project areas; (3) over

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00139 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11054 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 $333 million is saved through annual cost sav- nology that does not leave us with the U.S. nuclear proliferation policy will be directly ings (the appropriation is only $44 million in type of nuclear weapons-grade pluto- contradicted. FY 2005); (4) 48 million source BTUs are nium left over, and that is what we be- Such a step must not be taken lightly, with saved—or 8 million barrels of oil; (5) 826,049 lieve we are developing. no hearings, no authorizing legislation, no metric tons of carbon are saved; (6) 135.8 So I think this is a responsible part public input, no analysis of the implications for metric tons of volatile organic compounds are of the bill and we should move forward nuclear proliferation, not even an analysis of reduced; (7) 6,211 metric tons of NOX are re- and vote the amendment down. the cost to taxpayers. We must not proceed duced; and (8) 8,491 metric tons of SOX are Mr. DICKS. Mr. Chairman, will the with such a major step without all members reduced. gentleman yield? having sufficient time and information to con- There would be $3.5 million added for the Mr. HOBSON. I yield to the gen- sider what they are voting for. Distributed Energy and Electricity Reliability tleman from Washington. The Markey-Holt-Inslee amendment leaves Program (which was cut by $4.8 million from Mr. DICKS. Mr. Chairman, the only intact the President’s request to increase to current levels). This program is aimed at de- question I have, is the chairman saying $70 million the Advanced Fuel Cycle Initiative, veloping the ‘‘next generation’’ of clean, effi- that this report language has the force which includes research on nuclear fuel re- cient, reliable, and affordable distributed en- of law? It is advisory only; is that not processing technologies. Our amendment re- ergy technologies that make use of combined correct? moves the new, additional $15.5 million Initia- heat and power systems. The Department of Mr. HOBSON. That is correct. tive to consolidate and reprocess spent fuel. Energy has established a goal of increasing Ms. BERKLEY. Mr. Chairman, I rise in sup- The Markey-Holt-Inslee amendment redi- installed combined heat and power systems port of Mr. MARKEY’s amendment. rects the $15.5 million to three important and from 66 Gigawatts in 2000 to 92 Gigawatts by As a Member from Nevada, I am vehe- successful energy research programs, all of 2010. As of 2004, this program is well on mently opposed to the Yucca Mountain Project which have less funding in H.R. 2419 com- track, with 81 Gigawatts of installed power. for numerous reasons. The transportation of pared to fiscal year 2005 appropriations: $8.5 However, much of the remaining potential for thousands of tons of nuclear waste, which will million to the Industrial Technologies Program, CHP systems is in small scale systems that pass within miles of our homes, schools and which shares the cost of research with indus- are below 20 megawatts and employ micro- hospitals, is one of the primary reasons I ob- try to make U.S. industry more energy effi- turbines, fuel cells and other technologies. ject to this plan. Nuclear waste transportation, cient; $3.5 million to the Distributed Energy This program needs full funding to continue whether destined for Yucca Mountain or an in- and Electricity Reliability Program, which funds delivering the benefits of increased reliability, terim site, is an invitation to terrorists looking research and development for smarter, more security, efficiency and lower emissions to the to wreak havoc and cause devastation in the flexible, and more efficient electricity genera- U.S. economy. United States. tion through the development of distributed en- Let me reiterate that my transfer amend- The Chairman of the Subcommittee has ergy generation and combined heat and power ment would still leave both reprocessing and made clear that interim storage will not divert technologies; and $3.5 million for State Energy nuclear waste disposal fully-funded at the lev- him from avidly pursuing completion of the Program grants, a program that for every fed- els requested in the President’s budget, but Yucca Mountain Repository. eral dollar has produced over $7 of annual en- would only reallocate money added by the Ap- With my ‘‘yes’’ vote, I am standing firmly ergy savings. propriations Committee. In addition, the Con- against transporting nuclear waste through our Mr. PORTER. Mr. Chairman, I rise today to gressional Budget Office informs me that ‘‘This communities and against interim storage in oppose the Markey Amendment to H.R. 2419, amendment has no effect on budget authority Nevada or anywhere else. The only workable Energy and Water Development and Related and would reduce outlays by $1 million for FY solution we have at this time is to leave the Agencies Appropriations Act for Fiscal Year 2006.’’ waste on-site where it will be safe for the next Under the Markey-Holt amendment, we 100 years. 2006. This amendment would cut $5.5 million transfer these funds to energy efficiency pro- Mr. HOLT. Mr. Chairman, I am pleased to from nuclear reprocessing and $10 million grams that will provide our nation with a much join with my colleagues, Representatives ED- from nuclear waste disposal to facilitate in- better value for the dollar than the incremental WARD MARKEY and JAY INSLEE, in offering an terim storage of nuclear waste. Mr. Chairman, investment in a nuclear reprocessing tech- amendment to H.R. 2419. Our amendment the Federal Workforce and Agency Organiza- nology that is expensive, that poses serious eliminates funding for the new Spent Fuel Re- tion Subcommittee of which I chair is currently nuclear nonproliferation risks, and which cycling Initiative, and redirects this $15.5 mil- investigating the alleged falsification of docu- threatens to create new nuclear waste dumps lion to energy research. ments and computer models at the Yucca at sites around the country. The legislation we are debating today di- Mountain site. I urge you to vote ‘‘yes’’ on the Markey-Holt- rects the Department of Energy to conduct a What my investigation has uncovered so far Inslee amendment. new Spent Fuel Recycling Initiative, putting is deeply disturbing and could very well lead Mr. HOBSON. Mr. Chairman, I yield the United States on the path to reprocessing to compromising the validity of the entire site. myself such time as I may consume. of spent nuclear reactor fuel. This new Initia- If that is the case, then interim storage will be I think I need to respond to a couple tive was not included in the President’s budget necessary. As opposed to waiting for that of comments that were made. First of request, and is over and above the existing re- date, it is important that we act proactively and all, we did not say to put anything in search program on nuclear fuel reprocessing. begin the process to identify these interim the interim; we said it is a site that It is a radical measure that moves the United sites across the United States. should be looked at with all of the States from research to actually undertaking While I find it troubling that the Committee other sites. Second of all, this has nuclear fuel reprocessing. The Initiative has has decided to appropriate over $600 million nothing to do with nuclear weapons, two linked elements: moving existing spent nu- for Yucca Mountain, I am encouraged that and I might suggest that if you look clear fuel away from commercial reactor sites they have recognized the need for legislative around the world, about the only place to centralized interim storage, and initiating a language citing the need for interim storage in the world who has nuclear power reprocessing program for this fuel. for the reasons that my Subcommittee has al- that is not reprocessing is us. Every- Reprocessing creates a plutonium-based of ready uncovered. body else, the French, the Japanese, fuel for nuclear reactors that is easier to use I may also take a moment, Mr. Chairman, to they are building a plant; the Brits in nuclear weapons. The United States is cur- publicly acknowledge my opposition to Yucca have a plant. Everybody else in the rently working to prevent other countries from Mountain and my support for any site, interim world has stepped up and said, we are reprocessing nuclear fuel, because a country or permanent, outside of my district and the going to take care of this waste; we are that is reprocessing nuclear fuel can easily di- State of Nevada. not going to just bury it in the ground, vert this material to make nuclear weapons. Mr. HOBSON. Mr. Chairman, I yield and we are going to keep using it over Reprocessing spent nuclear fuel would be a back the balance of my time. and over again. major departure for U.S. nuclear policy, and The CHAIRMAN. The question is on I think it is time for us to look at could set back our efforts to stop nuclear pro- the amendment offered by the gen- this policy and change this old, old pol- liferation around the world. If the U.S. Con- tleman from Massachusetts (Mr. MAR- icy, especially if we have new tech- gress votes to initiate a reprocessing program, KEY).

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00140 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11055 The question was taken; and the terim storage at one or more DOE sites man in a colloquy concerning language Chairman announced that the noes ap- within fiscal year 2006. The gentleman and funding for Florida’s red tide re- peared to have it. from South Carolina (Mr. BARRETT) search problem. Mr. MARKEY. Mr. Chairman, I de- and I are concerned that the interim Mr. Chairman, earlier this year, my mand a recorded vote, and pending storage facilities called for in the re- district in southwest Florida experi- that, I make the point of order that a port could divert funds from a nuclear enced a harmful red tide outburst off quorum is not present. waste fund and further impede comple- the coast which caused harmful effects The CHAIRMAN. Pursuant to clause tion of the repository at Yucca Moun- that were felt by people, animals, and 6 of rule XVIII, further proceedings on tain. the environment that make up our pre- the amendment offered by the gen- Mr. HOBSON. Mr. Chairman, re- cious ecosystem and economy. tleman from Massachusetts (Mr. MAR- claiming my time, I intend for Yucca Hundreds of people endured res- KEY) will be postponed. Mountain to be fully funded, and our piratory ills, including sneezing, The point of no quorum is considered bill does just that. As a matter of fact, coughing, and other effects that are withdrawn. I have gone head to head with the Sen- damaging to one’s health. Moreover, The CHAIRMAN. The Clerk will read. ate since I have been the chairman of the Florida manatee, an endangered The Clerk read as follows: this subcommittee to ensure that the species that everyone seeks to protect from far less harmful events, saw a gi- DEPARTMENTAL ADMINISTRATION nuclear waste disposal program re- gantic spike in their death rate. This (INCLUDING TRANSFER OF FUNDS) ceives as close to the budget request as possible. year, in the entire State of Florida, we For salaries and expenses of the Depart- have seen 29 manatees die due to boat- ment of Energy necessary for departmental The gentleman is absolutely right administration in carrying out the purposes that the ratepayers are not getting ing accidents. However, from this red of the Department of Energy Organization what they paid for because DOE has tide bloom, which only lasted a couple Act (42 U.S.C. 7101 et seq.), including the hire not fulfilled its statutory and contrac- of months and was confined only to of passenger motor vehicles and official re- tual obligation to accept spent fuel for southwest Florida, we have a con- ception and representation expenses not to disposal. I have ratepayers in my own firmed count of 46 manatee deaths. exceed $35,000, $253,909,000, to remain avail- State who also have not received value What is more, thousands of people, able until expended, plus such additional for what they have paid into the Nu- some from this very room, come to amounts as necessary to cover increases in southwest Florida each year to vaca- the estimated amount of cost of work for clear Waste Fund. We are not intending, and I want to tion on our beaches and to swim in our others notwithstanding the provisions of the waters. Anti-Deficiency Act (31 U.S.C. 1511 et seq.): be very pointed about this, we are not Provided, That such increases in cost of work intending to divert or diminish atten- b 1900 are offset by revenue increases of the same tion to Yucca Mountain. This scourge of red tide not only has or greater amount, to remain available until Mr. SPRATT. Mr. Chairman, if the a hazardous environmental effect, but expended: Provided further, That moneys re- gentleman will further yield, can DOE also drives away tourists who undoubt- ceived by the Department for miscellaneous conduct such interim storage con- edly do not want to spend their time revenues estimated to total $123,000,000 in sistent with the Nuclear Waste Policy fiscal year 2006 may be retained and used for coping with the effects of the red tide. Act? What force does the committee re- operating expenses within this account, and Thankfully, with the leadership of may remain available until expended, as au- port have when it comes to modifying the gentleman from Ohio, the Energy thorized by section 201 of Public Law 95–238, existing law? and Water Subcommittee of the Com- Mr. HOBSON. Mr. Chairman, we pro- notwithstanding the provisions of 31 U.S.C. mittee on Appropriations saw fit to in- vided our guidance only in report lan- 3302: Provided further, That the sum herein clude funding for red tide research in appropriated shall be reduced by the amount guage and direct the Secretary to pro- last year’s appropriations bill. Unfortu- of miscellaneous revenues received during vide Congress with legislative language nately, the lion’s share of that money fiscal year 2006, and any related unappropri- if he determines that changes to the never made it down to the numerous ated receipt account balances remaining authorizing statutes are necessary. from prior years’ miscellaneous revenues, so Mr. SPRATT. Mr. Chairman, I thank research organizations that conduct as to result in a final fiscal year 2006 appro- the gentleman for the clarification and expert analysis and tests on ways to priation from the general fund estimated at help mitigate the effects of this dam- not more than $130,909,000. the explanation. The CHAIRMAN. The Clerk will read. aging event in nature. OFFICE OF THE INSPECTOR GENERAL The Clerk read as follows: Mr. HOBSON. Mr. Chairman, I want For necessary expenses of the Office of the ATOMIC ENERGY DEFENSE ACTIVITIES to thank the gentleman for coming Inspector General in carrying out the provi- forth with this. I understand that red sions of the Inspector General Act of 1978, as NATIONAL NUCLEAR SECURITY ADMINISTRATION tide blooms are harmful, and a sci- amended, $43,000,000, to remain available entific approach, we need to learn more until expended. WEAPONS ACTIVITIES (INCLUDING TRANSFER OF FUNDS) about these ocean events that are an Mr. HOBSON. Mr. Chairman, I move appropriate use of research and devel- to strike the last word. For Department of Energy expenses, in- cluding the purchase, construction, and ac- opment funds. In fact, I was personally Mr. Chairman, I yield to the gen- quisition of plant and capital equipment and involved last Congress in securing the tleman from South Carolina (Mr. other incidental expenses necessary for funding that we talked about so we can SPRATT) for the purpose of a colloquy. atomic energy defense weapons activities in learn ways to fight red tide. Mr. SPRATT. Mr. Chairman, I thank carrying out the purposes of the Department Funds in excess of the budget re- the gentleman for yielding. of Energy Organization Act (42 U.S.C. 7101 et quests have been provided for worthy Mr. Chairman, I have at the desk an seq.), including the acquisition or condemna- research and development activity amendment, a proposed amendment tion of any real property or any facility or such as this. And I would hope, since I that I intended to offer, but that I will for plant or facility acquisition, construc- tion, or expansion; and the purchase of not my grandchildren are residents of Flor- not offer as a result of the ensuing col- to exceed 40 passenger motor vehicles, for re- ida, I hope we can get on and get rid of loquy. placement only, including not to exceed two red tide one of these days, and espe- Mr. Chairman, I have filed an amend- buses; $6,181,121,000, to remain available until cially as I get older. It affects older ment for myself and the gentleman expended. people and I visit there, so I want to from South Carolina (Mr. BARRETT) Mr. HOBSON. Mr. Chairman, I move get rid of it too. that states that none of the funds made to strike the last word. Mr. MACK. Mr. Chairman, I thank available in this act may be used in Mr. Chairman, I yield to the gen- the gentleman very much for his re- contravention of the Nuclear Waste tleman from Ohio (Mr. MACK) for the marks and his leadership in this nota- Policy Act of 1982. The committee re- purposes of a colloquy. ble cause. port directs the Secretary to begin ac- Mr. MACK. Mr. Chairman, I rise Mr. VISCLOSKY. Mr. Chairman, I cepting commercial spent fuel for in- today to engage the esteemed chair- move to strike the last word.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00141 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11056 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 The CHAIRMAN. Is the gentleman Members projects ought to be put a matter of great concern to me and the designee of the ranking member? into the bill. If we are proud enough to many of my constituents. Mr. VISCLOSKY. Yes, Mr. Chairman. request money, you know, $500,000 for The Los Alamos National Laboratory The CHAIRMAN. The gentleman is the St. Croix River in Wisconsin to re- in my district, and is one of the largest recognized for 5 minutes. locate endangered mussels, then we employers in the State. Two years ago Mr. VISCLOSKY. Mr. Chairman, I ought to be proud enough to come to the Secretary of Energy determined yield to the gentleman from Maryland the floor and defend that earmark; oth- that after more than 60 years of man- (Mr. RUPPERSBERGER) for purposes of erwise, we are not good stewards of the agement by the University of Cali- colloquy with the Chair. taxpayers’ money. fornia, the contract for the manage- Mr. RUPPERSBERGER. Mr. Chair- So I would just rise to say we need to ment and operations of Los Alamos Na- man, I applaud this bill for maintain- change this process. We are going in tional Laboratory would be open to ing the research funding for the Corps the wrong direction. Either we are competition. of Engineers’ aquatic herbicide treat- going to instruct the Federal agencies We are all aware that there have ment of invasive weed species that to spend it and come to the floor and been problems concerning the security have such impacts on our lakes and defend it, or we are not. We cannot of classified materials handled at the rivers, impairing agriculture, recre- have it both ways. lab and questions about safety prac- ation and transportation. I believe that And I would yield back to the chair- tices. It is important to note, however, the Corps and the Tennessee Valley man to ask which direction we are that statistically the incidences of in- Authority, in considering methods of going here. jury and illness at Los Alamos are well aquatic weed eradication, should give Mr. HOBSON. Reclaiming my time, within the range of comparable DOE preference to EPA-registered and -ap- Mr. Chairman, let me suggest a couple facilities and major chemical and man- proved safe chemical treatment op- of things to the gentleman if I might. ufacturing industrial complexes. First of all, if you look at this bill, tions, including reduced-risk pesticides Still, I have consistently supported for the first time in the last couple of as designated in the Food Quality Pro- the competition in the hopes that the years there have been no new starts in tection Act. best management team wins so that this bill going out of the House. And I Mr. HOBSON. Mr. Chairman, will the the scientists and employees at Los Al- have limited the number. Even when gentleman yield? amos can continue to contribute to our we have gotten done with the bill, I Mr. VISCLOSKY. I yield to the gen- national security and conduct world- think we only did five new starts last tleman from Ohio. class, strategic science. year. Last Thursday, the National Nuclear Mr. HOBSON. Mr. Chairman, I agree We are trying to get control of this. that the development of safe chemical We have even looked at, sometimes the Security Administration released the treatment options may provide the administration has had new starts and final request for proposals, or RFP, for Corps and the Tennessee Valley Au- we have taken them out. We have tried the management and operating con- thority with alternatives to many of to limit the number of earmarks. The tract of the Los Alamos National Lab- the conventional methods of control number of earmarks for Members’ oratory. In December, the NNSA re- that often have unintended con- projects this year is down substantially leased a draft of this RFP. What con- sequences. over past years. Frankly, the adminis- cerns me is that these documents were Mr. RUPPERSBERGER. Mr. Chair- tration did a better job this year of ad- substantially different in two very fun- man, I believe that having a range of dressing some of the concerns of Mem- damental ways. treatment options from which to bers and of the overall program. First, the draft RFP did not indicate choose and doing so in the most envi- I think the gentleman would also be a requirement for the establishment of ronmentally sensitive way is desirable pleased to note that in this bill, for the a separate, dedicated corporate entity. Mr. HOBSON. I agree. first time, we are requiring a 5-year de- The final RFP does, but this require- Mr. RUPPERSBERGER. I thank the velopment plan for the Corps of Engi- ment was not included in the draft gentleman. neers, for example, and the Department RFP. The public was never given the Mr. HOBSON. Mr. Chairman, I move of Energy. In that process, when we get opportunity to comment on it. to strike the last word. that, similar to what we did in the While that structure may have Mr. Chairman, I yield to the gen- military construction when I chaired emerged from the competition as the tleman from Arizona (Mr. FLAKE). that committee, we will, over a period best design for the management of Mr. FLAKE. Mr. Chairman, I thank of time, begin to get control of the sit- LANL, we will never know. By man- the gentleman for yielding. I intended uation, so that if they do not fit within dating a specific corporate structure to offer a couple of amendments to- the 5-year plan, then these projects are from the outset, the NNSA has elimi- night before the unanimous consent re- not going to be in there. nated the proposition of an entirely quest was entered into. But we do not have that plan in place different and perhaps more creative I have complained for a long time today. We are trying to make it in and effective management structure. around here that we are funding too place. And I think it is going to make That appears, to me, to severely con- many earmarks, the Republicans and for better, more responsible use of tax- strain rather than promote true com- Democrats. In this bill there are a cou- payers’ dollars. petition. ple hundred million worth of earmarks, Mr. FLAKE. Mr. Chairman, I thank Secondly, the NNSA has taken the Member projects that Members, we al- the gentleman. I think that the best surprising step of dictating that the ways complain that the President does way is to include it in the bill. If we new management entity must establish not have line item veto authority. I are proud enough of our earmark, then a stand-alone pension plan, one that would be satisfied if Congress had it. we ought to come in and defend it on would serve the employees of Los Ala- Under an open rule, I cannot come to the House floor. Otherwise, we cannot mos only. Again, that requirement was the floor and target individual ear- simply refer and force the Federal not included in the draft RFP, so the marks because they are in the com- agencies to spend the money without public never had the opportunity to mittee report. For the first time in this giving individual Members the oppor- comment on it. The potential changes bill we have actually referenced a com- tunity to challenge an earmark on the to the pension plan, under a change of mittee report and instructed Federal floor of the House. management, have been of utmost con- agencies to spend the money, yet indi- Mr. VISCLOSKY. Mr. Chairman, I cern for the vast majority of lab em- vidual Members cannot go in and move to strike the last word. ployees who have contacted me con- strike earmarks from the bill. That is I yield to the gentleman from New cerning the competition. simply wrong. We are going the exact Mexico (Mr. UDALL). Currently, the employees of Los Ala- opposite direction of where we ought to Mr. UDALL of New Mexico. Mr. mos benefit greatly from being in- go. Chairman, I rise today to speak about cluded in the University of California

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00142 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11057 retirement plan, which covers more facility acquisition, construction, or expan- Control Act of 1944 to recover purchase than 170,000 employees. The major or- sion, $1,500,959,000, to remain available until power and wheeling expenses shall be cred- ganizations that have expressed the in- expended. ited to this account as offsetting collections, tent to bid for the Los Alamos contract NAVAL REACTORS to remain available until expended for the sole purpose of making purchase power and For Department of Energy expenses nec- already employ in excess of 100,000 peo- wheeling expenditures. ple. Obviously, a pension plan designed essary for naval reactors activities to carry out the Department of Energy Organization OPERATION AND MAINTENANCE, to cover that many employees gen- SOUTHWESTERN POWER ADMINISTRATION erates significant leveraging power. Act (42 U.S.C. 7101 et seq.), including the ac- quisition (by purchase, condemnation, con- For necessary expenses of operation and The Los Alamos National Laboratory struction, or otherwise) of real property, maintenance of power transmission facilities alone currently employs only 8,000 peo- plant, and capital equipment, facilities, and and of marketing electric power and energy, ple directly. There is no way that a facility expansion, $799,500,000, to remain for construction and acquisition of trans- stand-alone pension plan designed to available until expended. mission lines, substations and appurtenant serve only 8,000 employees could offer OFFICE OF THE ADMINISTRATOR facilities, and for administrative expenses, benefits as great as the one that serves including official reception and representa- For necessary expenses of the Office of the tion expenses in an amount not to exceed 5, 10, or in the case of the University of Administrator in the National Nuclear Secu- California retirement plan, 17 times $1,500 in carrying out section 5 of the Flood rity Administration, including official recep- Control Act of 1944 (16 U.S.C. 825s), as applied that many. Should not the decision for tion and representation expenses not to ex- to the southwestern power administration, how to best manage a financial matter ceed $12,000, $366,869,000, to remain available $31,401,000, to remain available until ex- as significant as that of a pension plan until expended. pended: Provided, That, notwithstanding 31 be left to the discretion of the new ENVIRONMENTAL AND OTHER DEFENSE U.S.C. 3302, up to $1,235,000 collected by the managing entity? ACTIVITIES Southwestern Power Administration pursu- Furthermore, approximately 60 days DEFENSE ENVIRONMENTAL CLEANUP ant to the Flood Control Act to recover pur- ago, the NNSA completed the competi- For Department of Energy expenses, in- chase power and wheeling expenses shall be tion for the management of Lawrence cluding the purchase, construction, and ac- credited to this account as offsetting collec- tions, to remain available until expended for Berkeley National Laboratory. The quisition of plant and capital equipment and other expenses necessary for atomic energy the sole purpose of making purchase power University of California, which has and wheeling expenditures. managed Lawrence Berkeley for 74 defense environmental cleanup activities in carrying out the purposes of the Department CONSTRUCTION, REHABILITATION, OPERATION years, was awarded the contract. As of Energy Organization Act (42 U.S.C. 7101 et AND MAINTENANCE, WESTERN AREA POWER such, Lawrence Berkeley will continue seq.), including the acquisition or condemna- ADMINISTRATION to be managed as a nonprofit entity tion of any real property or any facility or For carrying out the functions authorized and its 3,800 employees will continue to for plant or facility acquisition, construc- by title III, section 302(a)(1)(E) of the Act of be included in the generous pension tion, or expansion, $6,468,336,000, to remain August 4, 1977 (42 U.S.C. 7152), and other re- plan offered by the University of Cali- available until expended. lated activities including conservation and fornia. OTHER DEFENSE ACTIVITIES renewable resources programs as authorized, The design of the final RFP for the For Department of Energy expenses, in- including official reception and representa- management of Los Alamos National cluding the purchase, construction, and ac- tion expenses in an amount not to exceed $1,500; $226,992,000, to remain available until Laboratory ensures that a noncor- quisition of plant and capital equipment and other expenses, necessary for atomic energy expended, of which $222,830,000 shall be de- porate management structure cannot rived from the Department of the Interior even be considered in the competition. defense, other defense activities, and classi- fied activities, in carrying out the purposes Reclamation Fund: Provided, That of the That is the type of management struc- of the Department of Energy Organization amount herein appropriated, $6,000,000 shall ture that has very successfully served Act (42 U.S.C. 7101 et seq.), including the ac- be available until expended on a nonreim- Lawrence Berkeley for 74 years and Los quisition or condemnation of any real prop- bursable basis to the Western Area Power Alamos for 62 years, and it is not even erty or any facility or for plant or facility Administration for Topock-Davis-Mead on the table. acquisition, construction, or expansion, and Transmission Line Upgrades: Provided fur- In conclusion, while I strongly sup- the purchase of not to exceed ten passenger ther, That notwithstanding the provision of motor vehicles for replacement only, includ- 31 U.S.C. 3302, up to $148,500,000 collected by port this competition, I do not see how the Western Area Power Administration pur- it is in the best interest of this country ing not to exceed two buses; $702,498,000, to remain available until expended. suant to the Flood Control Act of 1944 and that a competition for the manage- the Reclamation Project Act of 1939 to re- ment and operation of a national secu- DEFENSE NUCLEAR WASTE DISPOSAL cover purchase power and wheeling expenses rity complex as important as Los Ala- For nuclear waste disposal activities to shall be credited to this account as offsetting mos has been so greatly narrowed. carry out the purposes of Public Law 97–425, collections, to remain available until ex- And I thank the gentleman for yield- as amended, including the acquisition of real pended for the sole purpose of making pur- property or facility construction or expan- ing. chase power and wheeling expenditures. sion, $351,447,000, to remain available until FALCON AND AMISTAD OPERATING AND The CHAIRMAN. The Clerk will read. expended. Mr. HOBSON. Mr. Chairman, I ask MAINTENANCE FUND POWER MARKETING ADMINISTRATIONS unanimous consent that the remainder For operation, maintenance, and emer- of title III be considered as read, print- BONNEVILLE POWER ADMINISTRATION FUND gency costs for the hydroelectric facilities at Expenditures from the Bonneville Power the Falcon and Amistad Dams, $2,692,000, to ed in the RECORD, and open to amend- remain available until expended, and to be ment at any point. Administration Fund, established pursuant to Public Law 93–454, are approved for offi- derived from the Falcon and Amistad Oper- The CHAIRMAN. Is there objection cial reception and representation expenses in ating and Maintenance Fund of the Western to the request of the gentleman from an amount not to exceed $1,500. During fiscal Area Power Administration, as provided in Ohio? year 2006, no new direct loan obligations may section 423 of the Foreign Relations Author- There was no objection. be made. ization Act, Fiscal Years 1994 and 1995. The text of the remainder of title III OPERATION AND MAINTENANCE, SOUTHEASTERN FEDERAL ENERGY REGULATORY COMMISSION is as follows: POWER ADMINISTRATION SALARIES AND EXPENSES DEFENSE NUCLEAR NONPROLIFERATION For necessary expenses of operation and For necessary expenses of the Federal En- For Department of Energy expenses, in- maintenance of power transmission facilities ergy Regulatory Commission to carry out cluding the purchase, construction, and ac- and of electric power and energy, including the provisions of the Department of Energy quisition of plant and capital equipment and transmission wheeling and ancillary services Organization Act (42 U.S.C. 7101 et seq.), in- other incidental expenses necessary for pursuant to section 5 of the Flood Control cluding services as authorized by 5 U.S.C. atomic energy defense, defense nuclear non- Act of 1944 (16 U.S.C. 825s), as applied to the 3109, the hire of passenger motor vehicles, proliferation activities, in carrying out the southeastern power area, $5,600,000, to re- and official reception and representation ex- purposes of the Department of Energy Orga- main available until expended: Provided, penses not to exceed $3,000, $220,400,000, to re- nization Act (42 U.S.C. 7101 et seq.), includ- That, notwithstanding 31 U.S.C. 3302, up to main available until expended: Provided, ing the acquisition or condemnation of any $32,713,000 collected by the Southeastern That notwithstanding any other provision of real property or any facility or for plant or Power Administration pursuant to the Flood law, not to exceed $220,400,000 of revenues

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00143 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11058 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 from fees and annual charges, and other cal Year 1993 (Public Law 102–484; 42 U.S.C. (2) the Y–12 Plant, Oak Ridge, Tennessee; services and collections in fiscal year 2006 7274h). (3) the Pantex Plant, Amarillo, Texas; shall be retained and used for necessary ex- SEC. 303. None of the funds appropriated by (4) the Savannah River Plant, South Caro- penses in this account, and shall remain this Act may be used to augment the funds lina; and available until expended: Provided further, made available for obligation by this Act for (5) the Nevada Test Site. That the sum herein appropriated from the severance payments and other benefits and SEC. 309. Funds appropriated by this or any general fund shall be reduced as revenues are community assistance grants under section other Act, or made available by the transfer received during fiscal year 2006 so as to re- 3161 of the National Defense Authorization of funds in this Act, for intelligence activi- sult in a final fiscal year 2006 appropriation Act for Fiscal Year 1993 (Public Law 102–484; ties are deemed to be specifically authorized from the general fund estimated at not more 42 U.S.C. 7274h) unless the Department of En- by the Congress for purposes of section 504 of than $0. ergy submits a reprogramming request to the National Security Act of 1947 (50 U.S.C. GENERAL PROVISIONS the appropriate congressional committees. 414) during fiscal year 2006 until the enact- SEC. 304. None of the funds appropriated by DEPARTMENT OF ENERGY ment of the Intelligence Authorization Act this Act may be used to prepare or initiate for fiscal year 2006. SEC. 301. (a)(1) None of the funds in this or Requests For Proposals (RFPs) for a pro- SEC. 310. None of the funds made available any other appropriations Act for fiscal year gram if the program has not been funded by in this Act may be used to select a site for 2006 or any previous fiscal year may be used Congress. the Modern Pit Facility during fiscal year to make payments for a noncompetitive (TRANSFERS OF UNEXPENDED BALANCES) 2006. management and operating contract unless SEC. 305. The unexpended balances of prior SEC. 311. None of the funds made available the Secretary of Energy has published in the appropriations provided for activities in this in title III of this Act shall be for the De- Federal Register and submitted to the Com- Act may be transferred to appropriation ac- partment of Energy national laboratories mittees on Appropriations of the House of counts for such activities established pursu- and production plants for Laboratory Di- Representatives and the Senate a written no- ant to this title. Balances so transferred may rected Research and Development (LDRD), tification, with respect to each such con- be merged with funds in the applicable estab- Plant Directed Research and Development tract, of the Secretary’s decision to use com- lished accounts and thereafter may be ac- (PDRD), and Site Directed Research and De- petitive procedures for the award of the con- counted for as one fund for the same time pe- velopment (SDRD) activities in excess of tract, or to not renew the contract, when the riod as originally enacted. $250,000,000. term of the contract expires. SEC. 306. None of the funds in this or any SEC. 312. None of the funds made available (2) Paragraph (1) does not apply to an ex- other Act for the Administrator of the Bon- in title III of this Act shall be for Depart- tension for up to 2 years of a noncompetitive neville Power Administration may be used to ment of Energy Laboratory Directed Re- management and operating contract, if the enter into any agreement to perform energy search and Development (LDRD), Plant Di- extension is for purposes of allowing time to efficiency services outside the legally de- rected Research and Development (PDRD), award competitively a new contract, to pro- fined Bonneville service territory, with the and Site Directed Research and Development vide continuity of service between contracts, exception of services provided internation- (SDRD) activities for project costs incurred or to complete a contract that will not be re- ally, including services provided on a reim- as Indirect Costs by Major Facility Oper- newed. bursable basis, unless the Administrator cer- ating Contractors. (b) In this section: tifies in advance that such services are not SEC. 313. None of the funds made available (1) The term ‘‘noncompetitive management available from private sector businesses. in title III of this Act may be used to finance and operating contract’’ means a contract SEC. 307. When the Department of Energy laboratory directed research and develop- that was awarded more than 50 years ago makes a user facility available to univer- ment activities at Department of Energy without competition for the management sities or other potential users, or seeks input laboratories on behalf of other Federal agen- and operation of Ames Laboratory, Argonne from universities or other potential users re- cies. National Laboratory, Lawrence Berkeley Na- garding significant characteristics or equip- SEC. 314. None of the funds made available tional Laboratory, Lawrence Livermore Na- ment in a user facility or a proposed user fa- to the Department of Energy under this Act tional Laboratory, and Los Alamos National cility, the Department shall ensure broad shall be used to implement or finance au- Laboratory. public notice of such availability or such thorized price support or loan guarantee pro- (2) The term ‘‘competitive procedures’’ has need for input to universities and other po- grams unless specific provision is made for the meaning provided in section 4 of the Of- tential users. When the Department of En- such programs in an appropriations Act. fice of Federal Procurement Policy Act (41 ergy considers the participation of a univer- The CHAIRMAN. Are there any U.S.C. 403) and includes procedures described sity or other potential user as a formal part- amendments to that portion of the in section 303 of the Federal Property and ner in the establishment or operation of a Administrative Services Act of 1949 (41 user facility, the Department shall employ bill? U.S.C. 253) other than a procedure that solic- full and open competition in selecting such a AMENDMENT OFFERED BY MRS. BIGGERT its a proposal from only one source. partner. For purposes of this section, the Mrs. BIGGERT. Mr. Chairman, I offer (c) For all management and operating con- term ‘‘user facility’’ includes, but is not lim- an amendment. tracts other than those listed in subsection ited to: (1) a user facility as described in sec- The CHAIRMAN. The Clerk will des- (b)(1), none of the funds appropriated by this tion 2203(a)(2) of the Energy Policy Act of ignate the amendment. Act may be used to award a management and 1992 (42 U.S.C. 13503(a)(2)); (2) a National Nu- The text of the amendment is as fol- operating contract, or award a significant clear Security Administration Defense Pro- lows: extension or expansion to an existing man- grams Technology Deployment Center/User Amendment offered by Mrs. BIGGERT: agement and operating contract, unless such Facility; and (3) any other Departmental fa- Page 40, line 20, through 41, line 9, strike contract is awarded using competitive proce- cility designated by the Department as a sections 311 and 312. dures or the Secretary of Energy grants, on user facility. a case-by-case basis, a waiver to allow for SEC. 308. The Administrator of the Na- The CHAIRMAN. Pursuant to the such a deviation. The Secretary may not del- tional Nuclear Security Administration may order of the House today, the gentle- egate the authority to grant such a waiver. authorize the manager of a covered nuclear woman from Illinois (Mrs. BIGGERT) At least 60 days before a contract award for weapons research, development, testing or and a Member opposed each will con- which the Secretary intends to grant such a production facility to engage in research, de- trol 5 minutes. waiver, the Secretary shall submit to the velopment, and demonstration activities The Chair recognizes the gentle- Committees on Appropriations of the House with respect to the engineering and manu- woman from Illinois (Mrs. BIGGERT.) of Representatives and the Senate a report facturing capabilities at such facility in notifying the Committees of the waiver and order to maintain and enhance such capabili- Mrs. BIGGERT. Mr. Chairman I yield setting forth, in specificity, the substantive ties at such facility: Provided, That of the myself such time as I may consume. reasons why the Secretary believes the re- amount allocated to a covered nuclear weap- This amendment would strike from quirement for competition should be waived ons facility each fiscal year from amounts the bill two provisions that would limit for this particular award. available to the Department of Energy for the amount of money available for a SEC. 302. None of the funds appropriated by such fiscal year for national security pro- very important activity at our na- this Act may be used to— grams, not more than an amount equal to 2 tional laboratories, laboratory-directed (1) develop or implement a workforce re- percent of such amount may be used for research and development, or LDRD, as structuring plan that covers employees of these activities: Provided further, That for the Department of Energy; or purposes of this section, the term ‘‘covered it is known. (2) provide enhanced severance payments nuclear weapons facility’’ means the fol- I first want to thank the distin- or other benefits for employees of the De- lowing: guished chairman of the Energy and partment of Energy, under section 3161 of the (1) the Kansas City Plant, Kansas City, Water Subcommittee for his willing- National Defense Authorization Act for Fis- Missouri; ness to work with me on this issue.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00144 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11059 While I have agreed to withdraw the chairman. I thank him for his coopera- The lock and dam systems are the amendment if the chairman agrees to tion. keys to the viability of our waterway work with me in the future on refining Mr. Chairman, I ask unanimous con- network. The infrastructure on the the execution of the LDRD efforts, I sent to withdraw the amendment. Ohio and Mississippi rivers is well be- want to take this opportunity to ad- The CHAIRMAN. Is there objection yond its design life. This network is dress the merits of LDRD. to the request of the gentlewoman hindered by deterioration, unre- As the Chair of the Science Sub- from Illinois? liability, and inefficiency. Waterway committee on Energy, I am a strong There was no objection. transportation is paralyzed when locks supporter of LDRD. In my experience, The CHAIRMAN. The Clerk will read. fail or are closed. LDRD has been well managed, is im- The Clerk read as follows: Repeated congressional neglect of portant for both scientific discovery TITLE IV sufficient funding levels in the oper- and scientific recruiting, and has a INDEPENDENT AGENCIES ations and maintenance, general inves- record of producing interesting and in- APPALACHIAN REGIONAL COMMISSION tigations and construction accounts novative ideas. For expenses necessary to carry out the has resulted in exponential increases in The history of science abounds with programs authorized by the Appalachian Re- unscheduled lock closures. Since 1991 examples of discoveries that came gional Development Act of 1965, as amended, we have experienced a 110 percent in- about while a scientist was attempting for necessary expenses for the Federal Co- crease in closure hours. The closure of to answer a totally different question. Chairman and the alternate on the Appa- a single lock creates a ripple effect LDRD provides funds to laboratory di- lachian Regional Commission, for payment that affects the entire system. Over the rectors to pursue new ideas and give of the Federal share of the administrative last 2 years, closures on the Ohio River expenses of the Commission, including serv- scientists the resources to go where the have cost the Nation’s economy incal- discoveries lead them. ices as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $38,500,000, to culable millions of dollars. So what are some of these new ideas Last year the Corps of Engineers was that have emerged from LDRD work? remain available until expended. Mr. HOBSON. Mr. Chairman, I move forced to close the McAlpine Lock and Well, what has LDRD done for us? To Dam. During that 2-week period, traffic cite just two examples, LDRD projects to strike the last word. Mr. Chairman, I yield to the gen- on the Ohio River was effectively halt- led to a discovery that allows geolo- ed. The closure was announced roughly gists to model ore deposits in three di- tleman from Kentucky (Mr. DAVIS) for purposes of a colloquy. 2 months ahead of time. In anticipation mensions. This model is now also being of the closure, a West Virginia alu- used to assess and plan the remediation Mr. DAVIS of Kentucky. Mr. Chair- man, I rise today to address the inad- minum company whose supply was de- of chemical and radioactive waste at pendent on the river network began DOD sites. equacy of funds appropriated for the construction and repair of our lock and laying-off employees. One LDRD project set out to reduce The most recent closure of the dam system. the size of a device that produces con- Greenup Lock and Dam cost waterways First, I would like to commend the centrated neutron beams for use in the operators $12 million in lost business. chairman and the ranking member for biological and material science. After Utility companies incurred $15 million their work on the fiscal year 2006 En- 9/11, scientists realized such a compact in costs to make last-minute alternate ergy and Water Appropriations bill. neutron source might be the only prac- arrangements to keep power plants on- Their efficient and bipartisan work is tical means of probing large freight line. I assure my colleagues that the commendable. containers for highly dangerous nu- closure cost our economy significantly This bill is a significant step in the clear material and other contraband. more than $27 million. These examples show that in DOE’s right direction. However, the funding I am pleased that this appropriations core missions in energy, in security levels to maintain our working water- bill provides full and efficient funding and in science, LDRD is making impor- ways remain insufficient. Freight for the McAlpine Lock and Dam tant contributions. transportation on our Nation’s water- project in fiscal year 2006. The fiscal In short, LDRD projects represent ways is essential to the health of our year 2005 Energy and Water Appropria- cutting-edge science, are well man- economy. In 2003 the total waterborne tions bill does not include any funding aged, are essential to recruiting, and commerce in the United States ac- for the Greenup Lock and Dam. The perhaps most importantly, produce re- counted for more than 2.3 trillion short Water Resources Development Act of sults for the American people. It is for tons. This system is the fundamental 2000 authorized the Greenup Lock and these reasons, Mr. Chairman, that I am backbone of our energy industry and Dam project. The Greenup Lock and concerned about efforts to overly con- waterways carry 20 percent of Amer- Dam is approaching the same level of strain LDRD at the Nation’s scientific ica’s coal, enough to produce 10 percent disrepair I described with respect to laboratories. of all electricity used in the United the McAlpine Lock and Dam. Will the chairman engage me in a States annually. 73.7 million tons of commerce worth brief colloquy? Almost one-third of the total ton- almost $9.6 billion transited the Mr. HOBSON. Mr. Chairman, will the nage transported over water is petro- Greenup Lock in 2001. Sixty-two per- gentlewoman yield? leum and petro-chemical products. cent of that tonnage was coal. By 2010, Mrs. BIGGERT. I yield to the gen- A functioning waterway network is the annual tonnage is expected to ex- tleman from Ohio. also essential to our farmers. Sixty ceed 91 million tons. Mr. HOBSON. I would be happy to. percent of all U.S. grain exports travel Mrs. BIGGERT. Mr. Chairman, will The 2000 Interim Feasibility Report our inland waterways, and their ability you pledge to work with me to improve recommended that the Greenup Lock to use our waterways is an essential and refine these programs in a way and Dam project be complete by 2008. component for the price competitive- that preserves the valuable contribu- Because this appropriations bill does ness for our farmers in the inter- tions that LDRD makes to the science not include any funds for the Greenup national market. in this country? Lock and Dam, no work will be accom- The waterway transportation indus- Mr. HOBSON. I appreciate the con- plished on that project for an entire cerns that you have expressed and, try is a cost-effective and environ- year. Every year of insufficient funding frankly, it would be my pleasure to mentally friendly component of our results in increased risk of closures and work with you going forward to perfect inter-modal freight system. A single makes the entire project more expen- these provisions as we move into con- towboat can move the same amount of sive. ference. cargo as 180 rail cars or 1,440 trucks. Mr. HOBSON. Mr. Chairman, I move One does not require an environmental to strike the last word. b 1915 science degree to understand the pollu- Mr. Chairman, I yield to the gentle- Mrs. BIGGERT. I thank the chairman tion impact benefit of numbers like woman from Illinois (Mrs. BIGGERT) for and I look forward to working with the that. purposes of a colloquy.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00145 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11060 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 Mrs. BIGGERT. Mr. Chairman, would be construed to change, of the Nuclear matters. For example, the report rec- the distinguished chairman of the Sub- Waste Policy Act and possibly even the ognizes that the NWPA borrows an in- committee on Energy and Water Devel- National Environmental Policy Act, terim storage facility at the same loca- opment of the Committee on Appro- both carefully wrought, are both vi- tion as the permanent repository, priations engage in a colloquy with me tally important. I do not think it is the Yucca Mountain, and yields to that law about some provisions and programs in intention of the committee report to by proposing that the storage facility this bill that fall under the jurisdiction change the laws because I do not think be sited elsewhere. of the Committee on Science? it can but nevertheless it makes some In another place, the report calls for Mr. HOBSON. Yes. strong recommendations. a plan of implementation within 120 Mrs. BIGGERT. Under the bill, the The committee report laments the days. Here again, it anticipates that Nuclear Energy Research Initiative, or latest delays at Yucca Mountain. The legislative changes may be necessary NERI, would no longer operate as a start-up date has slipped again, this to execute the plan by asking DOE to separate program. NERI was targeted time from 2010 to 2012. The committee, submit them. at university research which is a vital to its credit, with the chairman’s In these respects, the committee re- source of innovative ideas on nuclear strong support, funds Yucca Mountain port supports my point that explicit energy. Is it the gentleman’s intention at the requested levels, I think we law cannot be amended or overridden that the Department of Energy con- should, $651 million for fiscal year 2006; by report language. But in pushing for tinue to fund university research on and I commend you for that and finds an interim storage facility, the report nuclear energy even though NERI will this sufficient to do the engineering is on the collision course with the Nu- no longer exist? work, continue the license application, clear Waste Policy Act because it aban- Mr. HOBSON. I share the gentle- continue the design work. doned the idea of interim storage in woman’s views on the importance of I have an interest in this because I 1990 by sunsetting the law that passed university research. The committee ex- represent four nuclear reactors, and I it. In its place it authorized a retriev- pects the Nuclear Energy Research live in an area where nuclear genera- able storage facility, but only after Programs to set aside a portion of their tion accounts for 50 percent of our elec- Yucca Mountain is licensed. funds for university research. The com- tricity. My constituents pay one mil So these were my concerns. These mittee will be monitoring the pro- per kilowatt per hour to fund a perma- were the reasons for asking for the col- grams, as I am sure you will also, to be nent waste facility, and they and the loquy and asking for the clarification. sure that the funding is continuing in others who pay this assessment deserve I have problems with interim storage, support of the university research. to have their money spent well and and I have problems with reprocessing Mrs. BIGGERT. I thank the gen- used solely for that purpose, a spent fuel. But I support the chairman in his tleman. fuel repository. The chairman has as- endeavor to see Yucca Mountain fin- Lastly, I would like the gentleman to sured me wholeheartedly that he wants ished, and I also support the chairman clarify some language related to the to see, too, that that end is accom- in his quest to see that nuclear power FutureGen project on page 20 of the plished. is able to make a comeback, because I But Yucca Mountain in the words of bill. The language states that the De- think it has a role in our energy fu- the report ‘‘recedes into the future.’’ I partment should manage FutureGen ture. am concerned if we open up new op- ‘‘without regard to the terms and con- That is the reason I asked for clari- tions, even expedients like interim ditions applicable to clean coal tech- fication, to make sure that the com- storage, and if we use the Nuclear nology projects.’’ mittee was not pushing the envelope Waste Fund to pay for these options, My understanding is that the phrase and overriding the statutory law on then Yucca Mountain will keep on re- is intended only to apply to cost-shar- pages 122, 123, and 124, which struck me ceding into the future. ing requirements. In fact, the phrase is This report proposes a concerted ini- as more than just report boiler plate. unnecessary because the cost-sharing tiative. It is a bold proposal for interim I appreciate the confirmation, the requirements for FutureGen are spelled storage of spent fuel and for reprocess- clarification from the committee out in the two provisos that imme- ing of spent fuel. These are ideas that chairman and for all of his other ef- diately follow on page 20. Is my under- have been considered in the past, but forts in bringing together this bill. I standing correct? abandoned. The committee brings thank the gentleman for yielding to me Mr. HOBSON. The gentlewoman is them back to life, provides some fund- to make this clarification. correct. Our intention is to waive only ing; but it is only a tiny fraction of Mr. BARRETT and I have an amendment, but the cost-sharing requirements for clean what these facilities are going to cost. before I explain it, let me explain why I am of- coal technological projects for So you cannot avoid the concern that fering it. FutureGen, and the cost-sharing re- some, if not all, of this money may There is a longstanding rule of this House quirements that are intended to oper- come from the Nuclear Waste Fund at against legislating policy on an appropriation ate instead are also on page 20. the expense of Yucca Mountain. bill, but it’s honored in the breach. In the case Mrs. BIGGERT. I thank the gen- I have this concern because Savan- of this bill, the committee report contains di- tleman, and I thank him for his time. nah River Site is among the specific rective language at pages 122, 123, and 124 Mr. VISCLOSKY. Mr. Chairman, I sites singled out as a candidate for in- that can be taken to amend the explicit terms move to strike the last word. terim storage. I become more con- of existing law. And the laws at issue, which Mr. Chairman, I yield to the gen- cerned when I read the report which the report language could be construed to tleman from South Carolina (Mr. says: ‘‘The committee directs the De- change, are the Nuclear Waste Policy Act and SPRATT). partment to begin the movement of the National Environmental Policy Act, both Mr. SPRATT. Mr. Chairman, earlier I spent fuel to centralized interim stor- carefully wrought laws, and both vitally impor- entered into a colloquy with the chair- age at one or more DOE sites within tant. man, and he was good enough to clarify fiscal year 2006.’’ That is next year. The committee report laments the latest for me some parts of this committee If this is taken literally, I do not see delays at Yucca Mountain. The start-up date report that are important to me. I how they can possibly prepare an EIS. has slipped again, this time from 2010 to would like to further build a context That is why I was saying that the re- 2012. The committee, to its credit, funds on which my concerns were built. port would almost override the Na- Yucca Mountain at the requested level, $651 In this committee report accom- tional Environmental Policy Act. million for fiscal year 2006, and finds this suffi- panying the bill, there is directive lan- There is no way they can finish an EIS cient to do the engineering work in support of guage at pages 122 and 123 and 124 that on a matter of such importance in a the license application and to continue the de- can be taken to amend the explicit year. sign work. terms of existing laws. And the laws at The report recognizes that the Nu- I represent 4 nuclear reactors and live in an issue, which the report language could clear Waste Policy Act applies to these area where nuclear generation accounts for

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00146 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11061 fifty percent of our electricity. My constituents Interim storage is risky because it puts expenses in this account, notwithstanding 31 pay 1 mil per kilowatt hour to fund a perma- spent fuel in facilities not constructed to hold U.S.C. 3302, and shall remain available until nent waste facility, and they and others who them forever, yet there is a real risk that once expended: Provided further, That the sum herein appropriated shall be reduced by the pay this assessment deserve to have their in place, interim storage becomes permanent amount of revenues received during fiscal money spent well and used solely for the in- storage. year 2006 so as to result in a final fiscal year tended purpose: a spent fuel repository. Interim storage is problematic because it 2006 appropriation estimated at not more But Yucca Mountain, in the words of the re- could shift funds and focus off Yucca Moun- than $133,732,600: Provided further, That sec- port, ‘‘recedes into the future.’’ And I am con- tain, and stretch out its completion indefinitely. tion 6101 of the Omnibus Budget Reconcili- cerned that if we open new options, even ex- Finally, interim storage is expensive. It’s ex- ation Act of 1990 is amended by inserting be- pedients like interim storage, and if we use the fore the period in subsection (c)(2)(B)(v) the pensive to put nuclear waste in interim stor- words ‘‘and fiscal year 2006’’. Nuclear Waste Fund to pay for these options, age, and even more expensive to take it out OFFICE OF INSPECTOR GENERAL Yucca Mountain will keep on receding. to move it to Yucca Mountain. For necessary expenses of the Office of In- That’s why I am concerned about this re- How does interim storage affect you? Under spector General in carrying out the provi- port. It proposes ‘‘a concerted initiative’’ (1) for the committee’s report language, anyone’s dis- sions of the Inspector General Act of 1978, as interim storage of spent fuel and (2) for re- trict could be the next nuclear waste storage amended, $8,316,000, to remain available until processing spent fuel. These are ideas that facility. If you have a DOE site, a closed mili- expended: Provided, That revenues from li- have been considered in the past and dis- tary base, or any other federally owned site, censing fees, inspection services, and other carded; but the committee report resurrects your district could be a candidate to store nu- services and collections estimated at them, with a token addition of funds that is the clear waste. $7,485,000 in fiscal year 2006 shall be retained and be available until expended, for nec- tip of an iceberg, a tiny fraction of what these So, pages 122, 123, and 124 of the com- essary salaries and expenses in this account, facilities will cost. One cannot avoid the con- mittee report are more than the usual notwithstanding 31 U.S.C. 3302: Provided fur- cern that some, if not all, of this money will boilerplate. To clarify their effect, I asked the ther, That the sum herein appropriated shall come from the Nuclear Waste Fund, at the ex- distinguished Chairman of the Energy and be reduced by the amount of revenues re- pense of Yucca Mountain. Water Subcommittee if he would engage in a ceived during fiscal year 2006 so as to result I have this concern because Savannah colloquy, and he confirmed that the committee in a final fiscal year 2006 appropriation esti- River Site is among the sites singled out as a ‘‘provided our guidance only in report lan- mated at not more than $831,000. candidate for interim storage. I become even guage;’’ and with that assurance, I withdrew NUCLEAR WASTE TECHNICAL REVIEW BOARD more concerned when I read report language our amendment. SALARIES AND EXPENSES For necessary expenses of the Nuclear which says: ‘‘The Committee directs the De- AMENDMENT TO 2419, AS REPORTED OFFERED Waste Technical Review Board, as author- partment to begin the movement of spent fuel BY MR. SPRATT OF SOUTH CAROLINA ized by Public Law 100–203, section 5051, to centralized interim storage at one or more At the end of the bill, add the following $3,608,000, to be derived from the Nuclear DOE sites within fiscal year 2006.’’ If this di- new section: Waste Fund, and to remain available until rective is taken literally, it will override the Na- SEC. 503. None of the funds made available expended. tional Environmental Policy Act, because it is by this Act shall be obligated or expended in TITLE V contravention of the Nuclear Waste Policy doubtful that an Environmental Impact Study GENERAL PROVISIONS Act of 1982. can be finished in a year. SEC. 501. None of the funds appropriated by The report recognizes that the Nuclear The CHAIRMAN. The Clerk will read. this Act may be used in any way, directly or Waste Policy Act applies to these matters. For The Clerk read as follows: indirectly, to influence congressional action example, the report recognizes that the Nu- DEFENSE NUCLEAR FACILITIES SAFETY BOARD on any legislation or appropriation matters clear Waste Policy Act bars an interim storage SALARIES AND EXPENSES pending before Congress, other than to com- municate to Members of Congress as de- facility at the same location as the permanent For necessary expenses of the Defense Nu- scribed in 18 U.S.C. 1913. repository, and yields to that law by proposing clear Facilities Safety Board in carrying out SEC. 502. None of the funds made available that the storage facility be sited elsewhere. In activities authorized by the Atomic Energy in this Act may be transferred to any depart- another place, the report calls for a plan of im- Act of 1954, as amended by Public Law 100– ment, agency, or instrumentality of the plementation within an incredibly short time, 456, section 1441, $22,032,000, to remain avail- United States Government, except pursuant 120 days, and here again, the report antici- able until expended. to a transfer made by, or transfer authority pates that legislative changes will be nec- DELTA REGIONAL AUTHORITY provided in this Act or any other appropria- essary to execute the plan by asking DOE to SALARIES AND EXPENSES tion Act. submit them. For necessary expenses of the Delta Re- Mr. HOBSON (during the reading). In these respects, the committee report gional Authority and to carry out its activi- Mr. Chairman, I ask unanimous con- makes my point, that explicit, longstanding law ties, as authorized by the Delta Regional Au- sent that the bill through page 45, line cannot be amended or overridden by report thority Act of 2000, as amended, notwith- 8, be considered as read, printed in the standing sections 382C(b)(2), 382F(d), and language. But in pushing an interim storage RECORD, and open to amendment at 382M(b) of said Act, $6,000,000, to remain any point. facility, the committee report is on a collision available until expended. course with the Nuclear Waste Policy Act. It The CHAIRMAN. Is there objection DENALI COMMISSION abandoned the idea of an interim storage facil- to the request of the gentleman from For expenses of the Denali Commission, ity in 1990 by sunsetting the law that author- Ohio? $2,562,000, to remain available until ex- There was no objection. ized it. In its place, the NWPA authorized con- pended. struction of a Monitored Retrievable Storage AMENDMENT OFFERED BY MR. MARKEY NUCLEAR REGULATORY COMMISSION Mr. MARKEY. Mr. Chairman, I offer Facility only after the completion of the license SALARIES AND EXPENSES an amendment. for construction of Yucca Mountain. This The CHAIRMAN. The Clerk will des- means that no interim storage facility is al- For necessary expenses of the Commission in carrying out the purposes of the Energy ignate the amendment. lowed under the Nuclear Waste Policy Act for Reorganization Act of 1974, as amended, and The text of the amendment is as fol- the time being, and I do not believe that report the Atomic Energy Act of 1954, as amended, lows: language can change the explicit provisions of including official representation expenses Amendment offered by Mr. MARKEY: an existing statute. (not to exceed $15,000), and purchase of pro- At the end of the bill, add the following Our amendment simply points out that de- motional items for use in the recruitment of new section: spite the report language, ‘‘None of the funds individuals for employment, $714,376,000, to SEC. 503. None of the funds made available made available by this Act shall be obligated remain available until expended: Provided, by this Act shall be used by the Nuclear Reg- or expended in contravention of the Nuclear That of the amount appropriated herein, ulatory Commission to contract with or re- $66,717,000 shall be derived from the Nuclear imburse any Nuclear Regulatory Commis- Waste Policy Act of 1982.’’ So, unless the Waste Fund: Provided further, That revenues sion licensee or the Nuclear Energy Institute NWPA is changed, DOE cannot move forward from licensing fees, inspection services, and with respect to matters relating to the secu- with interim storage until Yucca Mountain is li- other services and collections estimated at rity of production facilities or utilization fa- censed. $580,643,000 in fiscal year 2006 shall be re- cilities (within the meaning of the Atomic What’s wrong with interim storage? tained and used for necessary salaries and Energy Act of 1954).

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00147 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11062 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 The CHAIRMAN. Pursuant to the all I can to prevent the U.S. from en- portant points regarding our border order of the House of today, the gen- tering into an agreement if no one is communities. tleman from Massachusetts (Mr. MAR- willing to make the sacrifices nec- This should be a simple and common- KEY) and a Member opposed each will essary to pay for it. sense amendment to protect the air quality in border States without add- control 5 minutes. b 1930 The Chair recognizes the gentleman ing or subtracting appropriations from from Massachusetts (Mr. MARKEY). Moving ahead without consensus will a single account in this bill. The Mr. MARKEY. Mr. Chairman, I yield mean either reneging on our agreement amendment simply requires that power to the gentleman from Ohio (Mr. HOB- or killing other worthy programs with- plants in northern Mexico that want to SON). in the Office of Science to pay the dis- transmit electricity into the United Mr. HOBSON. If the gentleman is proportionate cost of the fusion pro- States must meet U.S. air quality agreeable, we are willing to accept this gram. Let us avoid that. standards. Pretty simple. amendment and move forward. I look forward to working with the Many communities in border States, Mr. MARKEY. Mr. Chairman, I am gentleman from Ohio (Mr. HOBSON) and including many in my district (I rep- willing to accept the gentleman’s ac- everyone concerned with this issue to resent the whole California-Mexico ceptance. build a strong and balanced fusion pro- border) are literally under siege from Mr. Chairman, I yield back the bal- gram. air and water pollution from northern ance of my time. Mr. HOBSON. Mr. Chairman, will the Mexico. Companies that wish to avoid The CHAIRMAN. The question is on gentleman yield? American environmental regulations, the amendment offered by the gen- Mr. BOEHLERT. I yield to the gen- but want to meet our energy needs in tleman from Massachusetts (Mr. MAR- tleman from Ohio. California and other southwestern KEY). Mr. HOBSON. Mr. Chairman, I share States, are building power plants in The amendment was agreed to. the frustration of the gentleman from Mexico directly across the border from OEHLERT AMENDMENT OFFERED BY MR. BOEHLERT New York (Mr. B ) over how the American communities. Yet many of Mr. BOEHLERT. Mr. Chairman, I Department has proposed to fund the these power plants do not have to meet offer an amendment. International Fusion Project at the ex- any of the American regulations, even The CHAIRMAN. The Clerk will des- pense of domestic fusion research, and though they are in the same air basins ignate the amendment. I will support the gentleman’s amend- as towns on the U.S. side of the border. The text of the amendment is as fol- ment. For example, companies that re- lows: Mr. BOEHLERT. Mr. Chairman, I cently built power plants in Mexicali, yield back the balance of my time. Amendment offered by Mr. BOEHLERT: which is right across the border from At the end of the bill, add the following The CHAIRMAN. The question is on the Imperial County of California that new section: the amendment offered by the gen- I represent, have not funded any road SEC. 503. None of the funds made available tleman from New York (Mr. BOEH- paving projects and other clean air ef- by this Act may be used before March 1, 2006, LERT). forts that would be required to offset to enter into an agreement obligating the The amendment was agreed to. their pollution if they were a mere 3 United States to contribute funds to ITER, AMENDMENT NO. 1 OFFERED BY MR. FILNER miles to the north. In a place like Im- the international burning plasma fusion re- Mr. FILNER. Mr. Chairman, I offer search project in which the President an- perial County, which is plagued by the nounced United States participation on Jan- an amendment. highest childhood asthma rates in the uary 30, 2003. The CHAIRMAN. The Clerk will des- Nation, and limited public resources, The CHAIRMAN. Pursuant to the ignate the amendment. these offset projects are needed to order of the House of today, the gen- The text of the amendment is as fol- mitigate the public health problems tleman from New York (Mr. BOEHLERT) lows: that are worsened by the power plants. and a Member opposed each will con- Amendment No. 1 offered by Mr. FILNER: While the Mexicali plants have large- trol 5 minutes. At the end of the bill (before the short ly brought their emissions into compli- The Chair recognizes the gentleman title), insert the following: ance in response to this Congress’ pres- SEC. lll. None of the funds made avail- from New York (Mr. BOEHLERT). able in this Act may be used by the Sec- sure, they have refused to pay for any Mr. BOEHLERT. Mr. Chairman, I retary of Energy to issue, approve, or grant mitigation projects. The Department of yield myself such time as I may con- any permit or other authorization for the Energy, which acknowledges that Im- sume. transmission of electric energy into the perial Valley is in the same geo- Mr. Chairman, I do want to have a United States from a foreign country if all or graphical air basin as the power plants to-the-point and brief explanation to any portion of such electric energy is gen- in Mexico, have turned their backs on this amendment because its purpose is erated at a power plant located within 25 the residents of Southern California to bring to a head an important issue miles of the United States that does not and approved the permits without re- comply with all air quality requirements that might otherwise be overlooked. that would be applicable to such plant if it quiring the companies to pave the The Department of Energy is moving were located in the air quality region in the dusty dirt roads or implement other ahead with negotiating U.S. participa- United States that is nearest to such power clean air projects that would offset tion in ITER, the International Fusion plant. their pollution. The Department had Energy Project, which is all to the Mr. HOBSON. Mr. Chairman, I re- the information and opportunity, but good. I support U.S. participation in serve a point of order against the gen- apparently did not feel obligated to ITER, a critical experiment that will tleman’s amendment. fully protect clean air in Imperial help determine finally if fusion is a re- The CHAIRMAN. The point of order County. alistic option for energy production. is reserved. I believe the Department should be But ITER is expensive. Pursuant to the order of the House of obligated to require offsets because The U.S. contribution is expected to today, the gentleman from California there are a dozen more power plants in exceed $1 billion, and I want to make (Mr. FILNER) and a Member opposed northern Mexico on line right now. sure that before we commit even one each will control 5 minutes. These power plants are now under no dime to ITER, we have a consensus on The Chair recognizes the gentleman obligation to meet any U.S. standards how we will find that money. from California (Mr. FILNER). despite sharing air basins with Amer- The U.S. must not finalize an agree- Mr. FILNER. Mr. Chairman, I yield ican communities. ment on ITER until we have a con- myself 3 minutes. My amendment does not interfere sensus on how to pay for it. In the Mr. Chairman, I understand the point with the Mexican Government’s right meantime, the site selection and plan- of order, and I appreciate the advice he to regulate pollution; instead, it pro- ning process and negotiations on ITER gave me yesterday, and I will just take hibits the Department of Energy from can and should continue. But I will do a few minutes today to make some im- using funds in this bill to issue permits

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00148 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11063 for the transmission of electricity into The CHAIRMAN. The Clerk will des- amendment, and let me say the amend- the U.S. ignate the amendment. ment is also supported by the Amer- I urge adoption of this important The text of the amendment is as fol- ican Shore and Beach Preservation As- clean air amendment. lows: sociation and the Congressional Water- Mr. Chairman, I yield such time as he Amendment offered by Mr. JONES of North ways Caucus. We believe sincerely that may consume to the gentleman from Carolina: this modest reduction within the De- Texas (Mr. CUELLAR), the cosponsor of At the end of the bill, add the following: partment of Energy will mean a whole SEC. ll. The amounts otherwise provided this amendment. lot to the people who pay the taxes. Mr. CUELLAR. Mr. Chairman, I by this Act are revised by reducing the amount made available for ‘‘DEPARTMENT I do not know of anybody in Iraq that thank my colleague for yielding me OF ENERGY DEPARTMENTAL ADMINISTRA- is paying taxes to help the American this time, and I appreciate that we TION’’ and increasing the amount made avail- people, so I think it is time that the talked yesterday with the chairman able for ‘‘CORPS OF ENGINEERS—CIVIL— American people who pay the taxes get about this particular amendment, but OPERATION AND MAINTENANCE’’, by $20,000,000. a little bit of help. if he would just allow us to make a par- The CHAIRMAN. Pursuant to the Mr. Chairman, I reserve the balance ticular statement. I appreciate the order of the House of today, the gen- of my time. time the chairman gave us, and I un- tleman from North Carolina (Mr. Mr. HOBSON. Mr. Chairman, I rise to derstand his point of order. JONES) and a Member opposed each will claim the time in opposition to the Mr. Chairman, this amendment helps control 5 minutes. amendment offered by the gentleman to raise the clean air standards on the The Chair recognizes the gentleman from North Carolina and I yield myself border. I am from Laredo, Texas, on from North Carolina (Mr. JONES). such time as I may consume. the border. And if you would just take Mr. JONES of North Carolina. Mr. Mr. Chairman, the amendment cuts the border region and make it a par- Chairman, I yield myself such time as $20 million from the Department of En- ticular State, you would see that it is I may consume, and I first would like ergy’s departmental administration ac- one of the fastest growing parts of the to say to the chairman and the ranking count and adds $20 million to the Corps country, and it is one of the poorest member, thank you very much for your of Engineers’ operation and mainte- parts of the whole country. If the bor- work on this bill and for the oppor- nance account. der region was its own State, it would tunity to offer this amendment to- This bill currently provides $253 mil- rank last in access to health care, sec- night. lion for the Department of Energy’s de- ond worst in death from hepatitis, last Mr. Chairman, I represent a coastal partmental administration account for in per capita income, and first in the area of North Carolina, and many of fiscal year 2006, and the committee rec- number of schoolchildren living in pov- my colleagues, both Republican and ommendation is a cut of $26 million erty. Democrat, do the same throughout the from the request. The gentleman’s United States of America. What this Air quality in the border region is amendment would further reduce ap- amendment does is to, in my opinion, just as important as in any other met- propriations from the Department of provide a small, meaningful increase to ropolitan area in the country. This par- Energy’s salaries and expenses $5 mil- the Corps of Engineers’ operation and ticular amendment would help boost lion below the current-year enacted maintenance budget of $20 million. It air quality by requiring sellers of elec- level. Cuts of this magnitude will re- would be offset by taking $20 million tricity from the Mexican side to pro- quire reductions in staff at the Depart- from the administration at the Depart- tect the consumers on the American ment of Energy. Government employ- side. We expect nothing less than cor- ment of Energy. Mr. Chairman, our coastal areas are ees may potentially be RIF’d for a pe- porate responsibility from our friends riod of time. in the domestic corporations, and we in deep trouble throughout America. Not just my district, but I can tell you The amendment also seeks to add $20 expect the same stewardship from for- million to the corps’ operation and eign companies that have a direct im- that the waterways are so critical to the economic importance of these maintenance account, for which the pact on our communities. committee recommendation includes $2 We live in a world that increasingly counties and States in North Carolina billion. The amendment, if adopted, requires us to cooperate across the bor- and throughout the United States of would have the effect of increasing der to solve problems. Trade, com- America that we need to remember funding for operation and maintenance merce, and economic activity do not that those people who make their liv- by 1 percent. stop at the border, and the environ- ing off the waterways are just like Frankly, I sympathize with the gen- mental problems that sometimes ac- every other American, they are in need tleman. Funding needs are great, but company economic growth do not stop of every dollar they can make. the resources we have are limited. The at the border. My district says to me, Mr. Chair- corps cannot, and we cannot, spend In conclusion, this amendment recog- man, when we can find $6.5 billion, not money we do not have. We need to en- nizes the simple truth that the border from this bill now, I want to make that sure that the funds that are provided to region is a community and that air pol- clear, but we have spent $6.5 billion in the corps are expended efficiently, con- lution affects all the region’s residents, Iraq with the Corps of Engineers, and sistent with the law and on the American and Mexican alike. then my taxpayers say to me and to Mr. Chairman, I thank my colleagues the gentleman from Indiana, why can projects we appropriate. for their time and just ask that the we not get a little bit of help? I would like to point out to the gen- chairman consider this particular So this is a modest amendment, Mr. tleman that the bill provides $12.4 mil- amendment. Chairman. lion in operation and maintenance Mr. FILNER. Mr. Chairman, I would I understand the gentleman’s opposi- funds for the projects he has expressed just say that I understand the point of tion to it, but I can honestly tell you an interest in. In the past, the corps order, and I appreciate the gentleman’s that the waterways of America are the was able to reprogram these funds and advice and I hope he will stay inter- economic engines for the coastal dis- use them on other projects. In addi- ested in this topic. tricts of America, and not just North tion, the corps would take ratable re- Mr. Chairman, I ask unanimous con- Carolina. And, to me, to be able to take ductions against projects in the name sent to withdraw the amendment. just $20 million and do a little bit of of savings and slippage and use those The CHAIRMAN. Without objection, good is better than not having the $20 funds on other purposes, not this year, the amendment is withdrawn. million. And I know the gentleman as the bill includes reprogramming There was no objection. from Ohio and the gentleman from In- limitations and eliminates savings and AMENDMENT OFFERED BY MR. JONES OF NORTH diana did try the best they could, slippage. CAROLINA knowing we are in a tight budget year. So while the gentleman may believe Mr. JONES of North Carolina. Mr. Mr. Chairman, I have heard from the funds provided in this bill are in- Chairman, I offer an amendment. other Members who support this sufficient, I can assure him that the

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00149 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11064 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 funds provided in this act will be used Mr. HOBSON. Mr. Chairman, I yield been a point of order and this amend- for those projects and not siphoned off such time as he may consume to the ment would have been accepted under for other uses. gentleman from Indiana (Mr. VIS- the rules of the House. Therefore, we I would suggest the gentleman with- CLOSKY). have changed it and said no more deliv- draw the amendment. Failing that, I Mr. VISCLOSKY. Mr. Chairman, I re- ery of petroleum products to the SPR would oppose the amendment. spect the remarks and the impetus be- fund. So I am joined by the gentleman I also might point out that in the hind the gentleman’s amendment, but from Vermont (Mr. SANDERS) and the gentleman’s district there is a total of, would add my voice to the chairman’s gentleman from New York (Mr. BISHOP) in North Carolina in O&M, there is $38 in opposition to the amendment. to support this amendment. million put into this bill. With the lim- Mr. HOBSON. Mr. Chairman, I yield When I go back to my district, many ited resources that we have, I think the back the balance of my time. of my constituents express their con- State did pretty well. The CHAIRMAN. The question is on cern with rising gasoline prices. I sus- I will fight with the administration, the amendment offered by the gen- pect most Members are hearing the for example, for the beach renourish- tleman from North Carolina (Mr. same thing when they go home to their ment, for which they do not put any- JONES). own districts. In an already fiscally thing in. But we do in the House and The question was taken; and the constrained economy, these high gaso- we have supported that because I do be- Chairman announced that the noes ap- line prices yield yet another burden to lieve that that is an economic tool that peared to have it. America’s families’ already-tight purse the States need. Mr. JONES of North Carolina. Mr. strings. But at this point I would have to op- Chairman, I demand a recorded vote, The high cost of gasoline and oil has pose the amendment and urge it not be and pending that, I make the point of long been a problem and one that Con- adopted, but I would hope the gen- order that a quorum is not present. gress has long grappled with. Today, tleman would withdraw the amend- The CHAIRMAN. Pursuant to clause oil is hovering around $49 a barrel ment. Hopefully, next year, we will get 6 of rule XVIII, further proceedings on which some experts predict could spike a better allocation and we will do a the amendment offered by the gen- as high as $60 a barrel this summer. With Memorial Day just around the better job on some of these things. tleman from North Carolina (Mr. corner, we are seeing prices at the Mr. Chairman, I reserve the balance JONES) will be postponed. pump reaching over $2 a gallon, with of my time. The point of no quorum is considered some parts of the country seeing prices Mr. JONES of North Carolina. Mr. withdrawn. Chairman, how much time remains? as high as $2.44 a gallon. How high does The CHAIRMAN. The gentleman b 1945 the price have to go and for how long from North Carolina (Mr. JONES) has before we take action? AMENDMENT NO. 4 OFFERED BY MR. STUPAK It is no secret, there are no quick 21⁄2 minutes remaining, and the gen- Mr. STUPAK. Mr. Chairman, I offer fixes or easy fixes when it comes to the tleman from Ohio (Mr. HOBSON) has 21⁄2 an amendment. problem of high gasoline and oil prices; minutes remaining. The CHAIRMAN. The Clerk will des- but there is no reason to continue fill- Mr. JONES of North Carolina. Mr. ignate the amendment. ing the SPR with petroleum products Chairman, I yield myself such time as The text of the amendment is as fol- when our economy is suffering due to I may consume to say to the gentleman lows: sky-high oil and gas prices. The sus- from Ohio that he has been very help- Amendment No. 4 offered by Mr. STUPAK: pension of oil delivery to the SPR ful, and I realize it is a tight money At the end of the bill, add the following would put additional barrels of oil out situation, but let me share with the new section: into the world market to stabilize the gentlemen from Ohio, as well as Indi- EC S . 503. None of the funds made available world’s oil supply and provide some re- ana, that last year I had the Marine by this Act shall be used to accept deliveries lief at the pump to our consumers. Corps down in Camp Lejeune call me in of petroleum products to the Strategic Pe- troleum Reserve. To continue filling the SPR sends the my office and say, We need your help. wrong message to the American public We cannot train our Marines, who have The CHAIRMAN. Pursuant to the who continues to struggle because of been asked by this administration to order of the House of today, the gen- these record-breaking gas prices, and it go to Afghanistan and Iraq. tleman from Michigan (Mr. STUPAK) does nothing to help reduce the sky- If the corps had not had a little bit of and the gentleman from Ohio (Mr. HOB- rocketing prices at the pump. It just extra money to do some dredging that SON) each will control 15 minutes. does not make economic sense to add was absolutely necessary in New River The Chair recognizes the gentleman more pressure to what we all know is a Inlet, which is in Jacksonville, North from Michigan (Mr. STUPAK). very tight oil market when the effect is Carolina, the home of Camp Lejeune, Mr. STUPAK. Mr. Chairman, I yield creating even higher gas prices for con- the Marines would not have been train- myself such time as I may consume. sumers here at home. ing. First, let me thank the chairman and Finally, suspending the filling of the Again, I respect the gentlemen great- the ranking member for their hard SPR does not hurt our energy security. ly on both sides, but I am going to, at work on this legislation. This amend- The reserve is already filled to 95 per- the proper time, ask for a recorded ment here is the Strategic Petroleum cent capacity. It has approximately 695 vote on this. I will say that I feel that Reserve amendment. million barrels that are now in storage. I owe this not just to my district, but Basically, it says no funds made That is the highest it has ever been in to the States in the United States that available by this act shall be used to our Nation’s history. I urge my col- have waterways and have the needs accept deliveries of petroleum products leagues to support this amendment that we have in North Carolina. Be- to the Strategic Petroleum Reserve. that will take pressure off the price of cause it is not just North Carolina; When we did the energy bill, and I sit a barrel of oil and hopefully at the gas there are many other States. on the Committee on Energy and Com- pump at home. And, Mr. Chairman, I will just close merce, our amendment was made in Mr. Chairman, I reserve the balance by saying that I respect and appreciate order and was accepted by the com- of my time. the help I have received, and I hope mittee. Our amendment then was a lit- Mr. HOBSON. Mr. Chairman, I yield next year will be a better budget year. tle more detailed. It said there would myself such time as I may consume. But this year my State, as well as the be no oil going into SPR until the cost Mr. Chairman, I oppose the gentle- other 49 States which have the harbors of a barrel of oil dropped below $44 for man’s amendment. The capacity of the and inlets, are in desperate need and 2 consecutive weeks under the New strategic petroleum reserve is 727 mil- we need all the help we can get. York Stock Exchange. lion barrels. By August of 2005, the Mr. Chairman, I yield back the bal- If we put that triggering provision President’s direction of 700 million bar- ance of my time. into this amendment, there would have rels will be achieved.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00150 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11065 The 2006 Presidential budget does not This means that gas prices have risen an amendment by the gentleman from request additional barrels to be con- 35 cents per gallon since the beginning New York (Mr. BISHOP) that called on tracted. However, should the President of the year. The Department of Energy the President to immediately urge determine in 2006, for reasons of na- predicts that gas prices could average OPEC to increase oil production and tional and economic security, to in- over $2.25 nationwide this summer. The also to stop the filling of the SPR. It crease the supply of oil for the reserve, Department of Energy also has said, would have taken steps to protect the this amendment could prevent that. their report also has said that the en- American people from price gouging One cannot predict the future, if ergy bill passed by this House a few and unfair practices at the gasoline there will be a national emergency to weeks ago would increase the price at pump and increased public information release the oil from the reserve, or a the pump. on prices. Unfortunately, the amend- need to contract for more. Imagine that we are legislating on ment failed. This amendment unnecessarily re- the floor of Congress measures that How do Members figure that amend- stricts the President from acting in a would increase the price at the pump ment would fail when it was in the in- time of national need by setting an ar- instead of giving consumers the relief terest of America’s consumers? Well, if bitrary limitation on the use of funds. that they need. The gentleman from the public interest is not served and Last year after hurricanes ravaged the Michigan (Mr. STUPAK), the gentleman the special interest is, then it would Gulf of Mexico, there was a disruption from New York (Mr. BISHOP), and the follow that the consumer is not served. in production at individual refineries. gentleman from Vermont (Mr. SAND- But we have another chance today. I DOE made a short-term loan of 5.4 mil- ERS) have a better idea. urge my colleagues to support the lion barrels of oil to refiners that had This idea, as the gentleman from amendment by the gentleman from a shortened supply of feed stock. If the Michigan (Mr. STUPAK) explained, Michigan (Mr. STUPAK), the gentleman Stupak amendment was in place at would stop filling the SPR so more oil from New York (Mr. BISHOP), and the that time, these loans would not have was in the market, supply increases, gentleman from Vermont (Mr. SAND- happened because the oil would not be and then the price should go down. ERS) to immediately stop filling of the able to be repaid back to the reserve. This is what happened when it was Strategic Petroleum Reserve while gas I do not think that we want to be in done before. prices are so high. Give the American the business of restricting emergency When President Clinton was Presi- consumer a break; vote for this impor- powers only to make a statement on dent, they released oil from the Stra- tant amendment. the price of oil today. Therefore, I op- tegic Petroleum Reserve in 2000 and Mr. STUPAK. Mr. Chairman, I yield 5 pose the amendment. gas prices were reduced by 14 cents a minutes to the gentleman from Mr. Chairman, I reserve the balance gallon, $6 a barrel. When President Vermont (Mr. SANDERS), a cosponsor of of my time. Bush released Strategic Petroleum Re- this amendment. Mr. STUPAK. Mr. Chairman, I yield 1 serve oil in 1991, the price of oil per Mr. SANDERS. Mr. Chairman, I minute to the gentlewoman from Cali- barrel dropped $10. thank the gentleman for yielding me fornia (Ms. PELOSI), the Democratic There was bipartisan support for this this time, congratulate the gentleman leader. in the Senate in March 2004, and in the for his leadership, and thank the gen- Ms. PELOSI. Mr. Chairman, I rise in House in 2004 bipartisan initiatives tlewoman from California (Ms. PELOSI) support of the Stupak/Bishop/Sanders urging the President to suspend oil de- for her support, and concur with the amendment and commend them for liveries in the Strategic Petroleum Re- gentlewoman’s remarks. bringing this important amendment to serve. This has worked for us before, Mr. Chairman, all over this country, the floor. whether it was releasing oil from the the people are asking a simple ques- Before speaking on it, though, I want reserve or stopping oil from coming tion: When will the United States Con- to commend the gentleman from Ohio into the reserve. gress stand up and protect those work- (Chairman HOBSON) of the Sub- Under current estimates, a family of ers in Vermont and all over this coun- committee on Energy and Water for four would pay so much more. As Mark try who are spending hundreds and the very dignified way the gentleman Zandi, chief economist at Econ- hundreds of dollars a year more at the has dealt with the legislation, and to omy.com said recently, ‘‘Each 1-cent gas pump? commend the gentleman from Indiana increase in gasoline costs consumers $1 Our Republican friends talk about (Mr. VISCLOSKY), our ranking member billion a year.’’ tax breaks given to people. Those tax on the subcommittee. They strive to It is no wonder that gas prices are breaks have been eaten up many times work in a very bipartisan way on this the top concern of the American peo- over by people who are forced to pay important legislation. ple, and record gas prices are starting outrageously high prices in order to I rise in support of the Stupak/ to have a ripple effect in the economy. get to work. This affects not only peo- Bishop/Sanders amendment, which, as The airline and trucking industries are ple in rural States like Vermont. It af- the gentleman from Michigan (Mr. feeling the pinch. For 5 years, Repub- fects small businesses, farmers, the air- STUPAK) has explained, would imme- licans in Congress have pursued an en- line industry, the trucking industry; diately stop the filling of the Strategic ergy policy to give away billions of dol- and, in fact, nobody denies it is affect- Petroleum Reserve while gas prices are lars in subsidies to special interests ing our entire economy. When is Con- so high. that are already profiting from record- gress going to stand up? Mr. Chairman, all over the country high gas prices. They have turned Meanwhile, while working people are people are crying out for relief at the Washington into an oil and gas town paying more and more to fill up their rising price at the pump. Small busi- when this is supposed to be the city of gas tanks, the large oil industry cor- nesses and families are feeling the innovation, of fresh new thinking and porations are reaping record-breaking pinch, and the consequences are very ideas about our energy policy and the profits. substantial. Under current estimates, a impact it has on the pocketbooks of I think it is about time that we start- family of four will spend $423 more on the American people and on the envi- ed paying attention to the American gasoline this year than last year and ronment and the air they breathe. worker and we did something, at least almost $800 more than 2 years ago. The President’s own Department of right now, to lower the cost of gas at Consumers have paid the price for ris- Energy found the provisions in the en- the pump. ing prices over the last year. Gas prices ergy bill actually increased the price of As the gentleman from Michigan (Mr. have remained at record levels for the gasoline 3 cents, and our dependence on STUPAK) and the gentlewoman from past 2 months at over $2.12 per gallon foreign oil is projected to increase 85 California (Ms. PELOSI) mentioned, this nationwide with some States, my own percent under the proposed policies of is not a new idea. In fact, it is not a State, the State of California, more President Bush. During consideration partisan idea. This is a concept that than $2.53 a gallon. of the energy bill, Democrats offered has been supported by Democrats and

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00151 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11066 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 by many Republicans. It has been sup- Mr. STUPAK. Mr. Chairman, I yield 4 The question was taken; and the ported by the first President Bush and minutes to the gentleman from New Chairman announced that the noes ap- by former President Clinton. York (Mr. BISHOP), a cosponsor of this peared to have it. Specifically, this amendment would amendment. Mr. STUPAK. Mr. Chairman, I de- suspend oil deliveries to the Strategic Mr. BISHOP of New York. Mr. Chair- mand a recorded vote. Petroleum Reserve. This is what Presi- man, I thank the gentleman for yield- The CHAIRMAN. Pursuant to clause dent Bush did in 1991, what President ing time and I thank him for his lead- 6 of rule XVIII, further proceedings on Clinton did in 2000. This action would ership on this important issue. the amendment offered by the gen- have the very immediate impact of Mr. Chairman, I am proud to rise as tleman from Michigan (Mr. STUPAK) lowering gas prices in America now. a cosponsor of the Sanders-Stupak- will be postponed. Mr. Chairman, the Strategic Petro- Bishop amendment which will restrict AMENDMENT NO. 5 OFFERED BY MR. STUPAK leum Reserve currently contains about funding in the appropriations bill from Mr. STUPAK. Mr. Chairman, I offer 693 million barrels and the administra- being used to add more oil to the Stra- an amendment. tion is pushing to increase that number tegic Petroleum Reserve. Today, our The CHAIRMAN. The Clerk will des- to over 700 million barrels. Nation faces exorbitant energy costs, ignate the amendment. Today, approximately 72,000 barrels and taxpayers continue to suffer stick- The text of the amendment is as fol- of oil per day are still being added to er shock at the gas pumps. lows: the SPR, over 2 million barrels per As a front page article in today’s Amendment No. 5 offered by Mr. STUPAK: month. This amendment would suspend Wall Street Journal reported, we have At the end of the bill (before the Short these oil deliveries and put this oil seen a recent decrease in the cost of Title), insert the following: back on the market which could lead oil, but compared to 1 year ago, gas SEC. l. None of the funds made available in this Act may be used to implement a pol- to lower prices immediately upon its prices on average are still 6 cents high- icy, proposed in the Annex V Navigation implementation. er per gallon, diesel fuel is up $1.75, and Programs by the Corps of Engineers, to use jet fuel is up nearly 50 percent. Con- b 2000 or consider the amount of tonnage of goods gress can and must do more to help that pass through a harbor to determine if a It would also keep gas prices down by stabilize the price of fuel. harbor is high-use. making sure the government is not The energy bill recently passed by Mr. HOBSON. Mr. Chairman, I re- competing against consumers in the the House failed to address these cost serve a point of order on the gentle- marketplace at a time when gas prices increases. In fact, some reports state man’s amendment. are so high. that the cost of fuel may actually in- The CHAIRMAN. A point of order is Mr. Chairman, extrapolating from at crease between 5 and 8 cents per gallon reserved. least three economic studies done by due to provisions in that legislation. Pursuant to the order of the House of Goldman Sachs, the largest crude oil That may not sound like a lot, but for today, the gentleman from Michigan trader in the world, the Air Transport a middle-class family, already strug- (Mr. STUPAK) and the gentleman from Association, and petroleum economist gling to keep up with rising tuition, Ohio (Mr. HOBSON) each will control 5 Phillip Verleger, the estimate is, by re- health care costs and saving for retire- minutes. leasing some 15 million barrels from ment, this increase in gas prices will The Chair recognizes the gentleman SPR, we could reduce gasoline prices at add up very quickly. from Michigan (Mr. STUPAK). the pump by 10 to 25 cents per gallon. Today’s Journal also reports that Mr. STUPAK. Mr. Chairman, I yield By voting for this amendment today, other experts estimate that the cost of myself such time as I may consume. we will be sending a very strong mes- oil may spike again to as high as $60 Mr. Chairman, I would like to bring sage to the President and that is, Mr. per barrel. I offered an amendment to to Members’ attention a newly created President, release oil from SPR right the energy bill that would have pre- OMB and Army Corps of Engineers’ cri- now. vented that increase, although it was terion for recommending operation and Mr. Chairman, in the spring of 2002 not incorporated into the House-passed maintenance dredging of all small com- when the price of gas was starting to bill. mercial harbors. Unfortunately, this increase, the staff at the Department Mr. Chairman, as we approach one of criterion, which is highly inadequate of Energy recommended against buying the most heavily trafficked holiday and unfairly biased, will have a detri- more oil for SPR. DOE staff said, weekends of the year, let us act now to mental effect on communities in my ‘‘Commercial inventories are low, re- do something positive for American northern Michigan district and on a tail prices are high, and economic families. By restricting funds used to number of communities across the growth is slow. The government should store petroleum in the Strategic Petro- country. avoid acquiring oil for the reserve leum Reserve and in consideration of For fiscal year 2006 and fiscal year under these circumstances.’’ other market factors, we can realize a 2007, the corps, with the help of OMB, Mr. Chairman, as I mentioned ear- drop in the cost of oil of between $6 and has implemented new guidelines for de- lier, there is bipartisan support for this $11 a barrel. termining whether a harbor is consid- concept. The time is now for the In 2001, President Bush ordered the ered high use and, therefore, eligible to United States Congress to listen to Strategic Petroleum Reserve to be be considered to be funded for dredging those working people in the State of filled to a capacity of 700 million bar- in the President’s budget. Vermont and elsewhere who have to rels. The Reserve currently holds 692 According to the corps, in order for a travel 100 miles back and forth to work million barrels, nearly 99 percent of the commercial harbor to be considered each day. That is not uncommon in President’s goal. Thus, I believe now is high use, it must now move at least 1 this country. the time to temporarily suspend fund- million tons of cargo annually. As a re- These workers, who are seeing in ing for the Reserve and offer the Amer- sult of this tonnage requirement, a many cases a real decline in their ican people a break at the pumps. number of routine Army Corps oper- wages, need help. It seems to me that Mr. Chairman, I urge my colleagues ations and maintenance harbor dredg- at a time when the profits of the oil in- to support the Sanders-Stupak-Bishop ing projects will not be carried out this dustry are soaring, when workers are amendment. year as they were in past years. As a struggling to keep their heads above Mr. STUPAK. Mr. Chairman, I yield result, small-town, rural America will water, when the price of gas is soaring, back the balance of my time. suffer more job losses, businesses will now is the time for us to act and act Mr. HOBSON. Mr. Chairman, I yield struggle and infrastructure could be immediately. back the balance of my time. damaged. I would hope we would have strong The CHAIRMAN. The question is on You only need to look at the commu- support from both sides of the aisle for the amendment offered by the gen- nity of Ontonagon in my district for an this important amendment. tleman from Michigan (Mr. STUPAK). example of the devastating effects this

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00152 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11067 policy will have. Ontonagon was taken for coal and limestone deliveries, and At the end of the bill (before the short by surprise when they were not in- White Pine Power, a revitalized coal title) insert the following: cluded in the President’s budget for the plant that depends on the harbor for SEC. ll. None of the funds made available in this Act may be used to promulgate regu- first time in many years. If this harbor coal deliveries by ship for its power lations without consideration of the effect of is not dredged, the future of our paper generation, will be in jeopardy. With- such regulations on the competitiveness of company, Smurfit-Stone Container out this yearly dredge, these commu- American businesses. Corporation, which relies on the harbor nities are subject to harsh floods and Mr. HOBSON. Mr. Chairman, I re- for coal and limestone deliveries, and the inability to receive goods they need serve a point of order on the gentle- White Pine Power, a revitalized coal through these harbors. man’s amendment. plant that depends on the harbor for I seek assurance from the gentleman The CHAIRMAN. A point of order is coal deliveries by ship for its power that he will work with the corps and us reserved. generation, will be in jeopardy. to reevaluate this policy that could af- Pursuant to the order of the House of To give you an idea of how bad the fect not only my small harbors, but today, the gentleman from Kansas (Mr. silting is in this area, last year it was small harbors throughout this country. TIAHRT) and a Member opposed each dredged and it was dredged down to 19 Mr. HOBSON. I understand the gen- will control 5 minutes. feet. Less than a year later, this week- tleman from Michigan’s concerns about The Chair recognizes the gentleman end when I was at Ontonagon, it was the effects this policy may have on from Kansas (Mr. TIAHRT). back down to 6 feet. We lost 13 feet in small harbors. While I believe that ton- Mr. TIAHRT. Mr. Chairman, I yield less than a year because of the silt nage should be a consideration when myself such time as I may consume. coming down from the Mineral River. the Army Corps prioritizes operations Mr. Chairman, the United States has Imagine the consequences for small and maintenance dredging projects, I the number one economy in the world, towns like Ontonagon if their largest do not believe it should be the sole and it is the envy of the world. We also businesses are unable to receive the basis. have the most powerful military in the goods they need to remain competitive. I look forward to working with the history of the world, but I believe we Rural communities already have lim- gentleman from Michigan and the are headed down the wrong path. ited resources available to them with- Army Corps to address this issue and Our trade deficit last year was $670 billion. Our Federal deficit exceeded out this added hardship. identify appropriate factors for consid- The Army Corps must develop more eration. $400 billion. And we saw the loss of appropriate requirements to determine Mr. VISCLOSKY. Mr. Chairman, will many high-quality, high-paying jobs. While other countries are preparing for whether a harbor is to be included in the gentleman yield? the future, the current trends in the the President’s budget for a yearly Mr. HOBSON. I yield to the gen- United States should be of concern to dredge. If they continue to determine tleman from Indiana. us all, because I believe we are on the whether harbors like Ontonagon re- Mr. VISCLOSKY. I thank the gen- tleman for yielding. path towards a third-rate economy. ceive funding in the President’s budget Our health care costs are growing too based primarily on tonnage, our small Mr. Chairman, I do want to thank the gentleman from Michigan for raising fast and forcing companies to withdraw commercial harbors will continue to be these benefits from many of our em- shortchanged, affecting the economic the issue. It is an important one. We have had other ratios for determina- ployees. Our education system lags be- livelihoods of our communities. hind the developing world and needs to We need to ensure that the corps is tion of Corps funding that had been brought before the subcommittee dur- be revamped. Our trade policy fails to putting forth guidelines and policies enforce many of the policies that we that are as fair as possible and also re- ing the hearing process. They were also questioned. have in place. Our tax system punishes flect an appropriate amount of trans- success. Our energy policy relies on im- parency to the public. I understand that the gentleman is concerned about ports of specific size, ports rather than natural resources we Mr. Chairman, I am not going to ask have here in America, along with re- for a recorded vote. In fact, I will with- but I also think one of the things that we have to do a better job of, and the newable energy resources that we have draw the amendment if I may enter here in America. Our research and de- chairman has done his very best here, into a brief colloquy with the chair- velopment policy needs to be enhanced. is to look at entire systems, as well, to man. Lawsuits plague those who keep and make sure there is a fair allocation of Mr. Chairman, I reserve the balance create jobs here in America and that these resources for the commerce and, of my time. slows our economic growth. Mr. HOBSON. Mr. Chairman, I yield potentially, for the environmental Mr. Chairman, my amendment says myself such time as I may consume. cleanup of these very systems and the that none of the funds available in this Mr. STUPAK. Mr. Chairman, will the individual ports; and I certainly want act should be used to promulgate regu- gentleman yield? to join with the chairman and the rest lations without consideration of the ef- Mr. HOBSON. I yield to the gen- of the subcommittee to do the best job fects of such regulations on the com- tleman from Michigan. possible looking forward to address petitiveness of American businesses, Mr. STUPAK. Mr. Chairman, I thank this issue. It is an important one. because that, Mr. Chairman, means the gentleman for yielding. I appreciate its having been raised. more jobs. If we are going to succeed in For fiscal year 2006 and 2007, the Mr. STUPAK. I thank the chairman the future, we have to create an envi- Army Corps has implemented new and the ranking member for their as- ronment here in America that encour- guidelines for determining whether a surances. I look forward to working ages competition and does not discour- harbor is considered high use and, with them on this issue. age growth. Regulatory costs are kill- therefore, eligible to be considered to Mr. Chairman, I ask unanimous con- ing our jobs. Less government regula- be funded for dredging in the Presi- sent to withdraw my amendment. tions not only means granting the free- dent’s budget. In order for a harbor to The CHAIRMAN. Without objection, dom to allow Americans to pursue be considered high use, it must move at the amendment is withdrawn. their dreams, it also means providing least 1 million tons of cargo per year. There was no objection. the space for business to thrive, which This would have severe ramifications AMENDMENT OFFERED BY MR. TIAHRT means more jobs for working Ameri- on small, rural harbors, such as Mr. TIAHRT. Mr. Chairman, I offer cans. Ontonagon Harbor in my district, an amendment. Instead, our Federal Government has which has typically been included in The CHAIRMAN. The Clerk will des- become a creeping ivy of regulations the President’s budget. If the harbor is ignate the amendment. that strangle enterprise. not dredged, the future of our paper The text of the amendment is as fol- It is estimated today that the regu- company, Smurfit-Stone Container lows: latory burden as of 2000 was $843 bil- Corporation, which relies on the harbor Amendment offered by Mr. TIAHRT: lion. That has cost us U.S. jobs. The

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00153 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11068 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 regulatory compliance burden on U.S. postponed and on which the noes pre- Gallegly Levin Reyes Garrett (NJ) Lewis (CA) Reynolds manufacturers is the equivalent of a 12 vailed by voice vote. Gerlach Lewis (KY) Rogers (AL) percent excise tax. The Clerk will redesignate the Gilchrest Linder Rogers (KY) Mr. Chairman, if we could cut the amendment. Gillmor LoBiondo Rogers (MI) regulatory burden in half, we would be Gingrey Lucas Rohrabacher The Clerk redesignated the amend- Gohmert Lungren, Daniel Ros-Lehtinen 6 percent more competitive. As we ap- ment. Gonzalez E. Ross prove spending allocations for the De- RECORDED VOTE Goode Mack Rothman partment of Energy and other related Goodlatte Manzullo Royce The CHAIRMAN. A recorded vote has agencies, we need to remind them of Gordon Marchant Ruppersberger been demanded. Granger Marshall Rush the importance of their actions and A recorded vote was ordered. Graves Matsui Ryan (WI) what they do with the funding that we Green (WI) McCarthy Ryun (KS) The vote was taken by electronic de- give them. Green, Al McCaul (TX) Salazar Mr. Chairman, I have spoken with vice, and there were—ayes 110, noes 312, Green, Gene McCotter Saxton not voting 11, as follows: Gutierrez McHenry Schwarz (MI) the gentleman from Ohio (Mr. HOBSON), Gutknecht McHugh Scott (GA) and I have complete confidence that he [Roll No. 207] Hall McIntyre Scott (VA) will help us make America more com- AYES—110 Harris McKeon Sensenbrenner Hart McMorris Sessions petitive in the future. I plan to with- Abercrombie Holt Pallone Hayes Meek (FL) Shadegg draw this amendment tonight, but I do Ackerman Honda Payne Hayworth Meeks (NY) Shaw not plan to retreat from this fight to Baird Hooley Pelosi Hefley Melancon Shays Baldwin Inslee Rahall Hensarling Mica Sherwood reduce the barriers to keeping and cre- Barrow Israel Rangel Herger Miller (FL) Shimkus ating jobs in America. Becerra Jackson (IL) Roybal-Allard Herseth Miller (MI) Shuster Mr. Chairman, I know that the gen- Berkley Johnson, E. B. Ryan (OH) Higgins Miller (NC) Simmons Berman Kennedy (RI) Sabo Hinojosa Miller, Gary Simpson tleman from Ohio will work with me to Bishop (NY) Kucinich Sa´ nchez, Linda Hobson Mollohan Skelton help us create an environment to bring Blumenauer Langevin T. Hoekstra Moore (KS) Smith (NJ) more jobs back to America. Boswell Lantos Holden Moran (KS) Smith (TX) Brown (OH) Larsen (WA) Sanchez, Loretta Mr. Chairman, I respectfully with- Sanders Hostettler Moran (VA) Snyder Brown, Corrine Larson (CT) Hoyer Murphy Sodrel Schakowsky draw the amendment. Capps Lee Hulshof Murtha Souder Schiff The CHAIRMAN. Without objection, Capuano Lewis (GA) Hunter Musgrave Stearns the amendment of the gentleman from Carson Lipinski Schwartz (PA) Hyde Myrick Strickland Serrano Kansas is withdrawn. Chandler Lofgren, Zoe Inglis (SC) Neugebauer Stupak Clay Lowey Sherman Issa Ney Sullivan There was no objection. Conyers Lynch Slaughter Istook Northup Sweeney Mr. VISCLOSKY. Mr. Chairman, I Cooper Maloney Smith (WA) Jackson-Lee Norwood Tancredo move to strike the last word. Crowley Markey Solis (TX) Nunes Tanner Davis (CA) Matheson Mr. Chairman, I yield to the gen- Spratt Jefferson Nussle Tauscher DeFazio McCollum (MN) Stark Jenkins Ortiz Taylor (MS) tleman from Oregon (Mr. WU). DeGette McDermott Thompson (CA) Jindal Osborne Taylor (NC) Mr. WU. Mr. Chairman, I thank the Delahunt McGovern Tierney Johnson (CT) Otter Terry DeLauro McKinney gentleman from Indiana (Mr. VIS- Udall (CO) Johnson (IL) Oxley Thomas Dicks McNulty Udall (NM) Johnson, Sam Pascrell Thompson (MS) CLOSKY) and the gentleman from Ohio Eshoo Meehan Van Hollen Jones (NC) Pastor Thornberry OBSON Evans Menendez (Mr. H ) for their work on this Vela´ zquez Jones (OH) Paul Tiahrt Farr Michaud bill. Wasserman Kanjorski Pearce Tiberi Filner Miller, George Kaptur Peterson (MN) Towns I wish to associate myself with the Schultz Ford Nadler Keller Peterson (PA) Turner Watson words of the gentleman from Michigan Frank (MA) Napolitano Kelly Petri Upton Waxman (Mr. STUPAK) concerning smaller ports Gibbons Neal (MA) Kennedy (MN) Pitts Visclosky and maintenance dredging by the Army Grijalva Oberstar Weiner Kildee Platts Walden (OR) Harman Obey Wexler Kilpatrick (MI) Poe Walsh Corps of Engineers. Not only would Hastings (FL) Olver Woolsey Kind Pombo Waters this affect the port of Astoria in my Hinchey Owens Wu King (IA) Pomeroy Watt King (NY) Porter Weldon (FL) congressional district, but it would af- NOES—312 fect smaller ports up and down the Kingston Price (GA) Weldon (PA) Aderholt Burgess Davis (KY) Kirk Price (NC) Weller coast of Oregon. This is an issue of Akin Burton (IN) Davis (TN) Kline Pryce (OH) Westmoreland great concern to Michiganders, to Or- Alexander Butterfield Davis, Jo Ann Knollenberg Putnam Whitfield egonians and to other Americans. Andrews Buyer Davis, Tom Kolbe Radanovich Wicker Baca Calvert Deal (GA) Kuhl (NY) Ramstad Wilson (NM) b 2015 Bachus Camp DeLay LaHood Regula Wilson (SC) Baker Cannon Dent Latham Rehberg Wolf SEQUENTIAL VOTES POSTPONED IN COMMITTEE Barrett (SC) Cantor Diaz-Balart, L. LaTourette Reichert Wynn OF THE WHOLE Bartlett (MD) Capito Diaz-Balart, M. Leach Renzi Young (FL) Barton (TX) Cardin Dingell The CHAIRMAN. Pursuant to clause NOT VOTING—11 6 of rule XVIII, proceedings will now Bass Cardoza Doolittle Beauprez Carnahan Doyle Allen McCrery Pence resume on those amendments on which Berry Carter Drake Bean Millender- Pickering further proceedings were postponed, in Biggert Case Dreier Doggett McDonald Wamp the following order: the amendment of- Bilirakis Castle Duncan Hastings (WA) Moore (WI) Young (AK) Bishop (GA) Chabot Edwards fered by the gentleman from Massachu- Bishop (UT) Chocola Ehlers setts (Mr. MARKEY), the amendment of- Blackburn Cleaver Emanuel b 2042 fered by the gentleman from North Blunt Clyburn Emerson Boehlert Coble Engel Ms. GINNY BROWN-WAITE of Flor- Carolina (Mr. JONES), and the amend- Boehner Cole (OK) English (PA) ida and Messrs. PETERSON of Penn- ment offered by the gentleman from Bonilla Conaway Etheridge sylvania, KIRK, HEFLEY, SHAYS, Michigan (Mr. STUPAK). Bonner Costa Everett ROTHMAN, CLEAVER, MORAN of Vir- The Chair will reduce to 5 minutes Bono Costello Fattah Boozman Cox Feeney ginia, GENE GREEN of Texas, REYES, the time for any electronic vote after Boren Cramer Ferguson MCINTYRE, GILLMOR, STRICKLAND the first vote in this series. Boucher Crenshaw Fitzpatrick (PA) and AL GREEN of Texas changed their Boustany Cubin Flake AMENDMENT OFFERED BY MR. MARKEY Boyd Cuellar Foley vote from ‘‘aye’’ to ‘‘no.’’ The CHAIRMAN. The pending busi- Bradley (NH) Culberson Forbes Ms. LOFGREN of California, Ms. ness is the demand for a recorded vote Brady (PA) Cummings Fortenberry DELAURO, Ms. WATSON and Mr. on the amendment offered by the gen- Brady (TX) Cunningham Fossella SHERMAN changed their vote from Brown (SC) Davis (AL) Foxx tleman from Massachusetts (Mr. MAR- Brown-Waite, Davis (FL) Franks (AZ) ‘‘no’’ to ‘‘aye.’’ KEY) on which further proceedings were Ginny Davis (IL) Frelinghuysen So the amendment was rejected.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00154 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11069 The result of the vote was announced Udall (NM) Watt Woolsey Weller Wicker Wu as above recorded. Wasserman Weiner Wynn Westmoreland Wilson (NM) Young (FL) Schultz Wexler Whitfield Wolf Stated for: Watson Wilson (SC) Ms. MOORE of Wisconsin. Mr. Chairman, NOT VOTING—6 on rollcall No. 207, the Markey-Holt amend- NOES—275 Allen Millender- Wamp Hastings (WA) McDonald Young (AK) ment to H.R. 2419, had I been present, I Aderholt Filner Musgrave Pickering would have voted ‘‘aye.’’ Akin Fitzpatrick (PA) Myrick Alexander Flake Nadler b 2051 Stated against: Andrews Foxx Neugebauer Ms. BEAN. Mr. Chairman, on rollcall No. Bachus Franks (AZ) Ney Mr. GEORGE MILLER of California 207, had I been present, I would have voted Baker Frelinghuysen Northup changed his vote from ‘‘aye’’ to ‘‘no.’’ ‘‘no.’’ Baldwin Gallegly Norwood Mr. HONDA changed his vote from Barrett (SC) Garrett (NJ) Nunes AMENDMENT OFFERED BY MR. JONES OF NORTH Barton (TX) Gilchrest Obey ‘‘no’’ to ‘‘aye.’’ CAROLINA Bass Gillmor Olver So the amendment was rejected. The CHAIRMAN. The pending busi- Beauprez Gingrey Osborne The result of the vote was announced Becerra Gohmert Otter as above recorded. ness is the demand for a recorded vote Berman Goodlatte Owens on the amendment offered by the gen- Berry Gordon Oxley AMENDMENT NO. 4 OFFERED BY MR. STUPAK tleman from North Carolina (Mr. Biggert Granger Pascrell The CHAIRMAN. The pending busi- JONES) on which further proceedings Bilirakis Graves Pastor ness is the demand for a recorded vote Bishop (GA) Hall Pearce were postponed and on which the noes Blackburn Harman Pelosi on the amendment offered by the gen- prevailed by voice vote. Blumenauer Harris Pence tleman from Michigan (Mr. STUPAK) on The Clerk will redesignate the Blunt Hart Peterson (PA) which further proceedings were post- amendment. Boehlert Hayes Pitts poned and on which the noes prevailed Bonilla Hefley Platts The Clerk redesignated the amend- Bonner Hensarling Pombo by voice vote. ment. Bono Herger Price (GA) The Clerk will redesignate the Boozman Hinchey Pryce (OH) RECORDED VOTE amendment. Boren Hobson Putnam The Clerk redesignated the amend- The CHAIRMAN. Boucher Hoekstra Radanovich A recorded vote has been demanded. Boustany Holden Ramstad ment. A recorded vote was ordered. Boyd Holt Regula RECORDED VOTE Bradley (NH) Hoyer Rehberg The CHAIRMAN. A recorded vote has The CHAIRMAN. This will be a 5- Brady (PA) Hunter Reichert minute vote. Brady (TX) Hyde Reynolds been demanded. The vote was taken by electronic de- Brown (SC) Inglis (SC) Rogers (KY) A recorded vote was ordered. vice, and there were—ayes 152, noes 275, Burgess Issa Rogers (MI) The CHAIRMAN. This will be a 5- Burton (IN) Istook Rohrabacher minute vote. not voting 6, as follows: Buyer Jackson (IL) Ros-Lehtinen The vote was taken by electronic de- [Roll No. 208] Calvert Jindal Ross Camp Johnson (CT) Rothman vice, and there were—ayes 174, noes 253, AYES—152 Cantor Jones (OH) Roybal-Allard not voting 6, as follows: Abercrombie Green (WI) Menendez Capito Kanjorski Royce Ackerman Green, Al Michaud Capps Kaptur Rush [Roll No. 209] Baca Green, Gene Miller, Gary Capuano Keller Ryan (OH) AYES—174 Baird Grijalva Moore (KS) Cardin Kelly Ryan (WI) Ackerman Evans Lewis (GA) Barrow Gutierrez Moore (WI) Carter Kennedy (MN) Ryun (KS) Andrews Farr Lipinski Bartlett (MD) Gutknecht Moran (VA) Castle Kilpatrick (MI) Sabo Baca Fattah Lowey Bean Hastings (FL) Murphy Chabot King (IA) Sanchez, Loretta Baird Filner Lynch Berkley Hayworth Napolitano Chocola Kingston Sanders Baldwin Flake Maloney Bishop (NY) Herseth Neal (MA) Cleaver Kirk Saxton Barrow Forbes Markey Bishop (UT) Higgins Nussle Clyburn Kline Schiff Becerra Frank (MA) Matheson Boehner Hinojosa Oberstar Cole (OK) Knollenberg Schwartz (PA) Berkley Goodlatte Matsui Boswell Honda Ortiz Conaway Kolbe Schwarz (MI) Berman Gordon McCarthy Brown (OH) Hooley Pallone Cooper Kuhl (NY) Scott (GA) Bishop (NY) Green (WI) McCollum (MN) Brown, Corrine Hostettler Paul Costello LaHood Sensenbrenner Boswell Green, Al McDermott Brown-Waite, Hulshof Payne Cox Lantos Serrano Boucher Grijalva McGovern Ginny Inslee Peterson (MN) Cramer Larson (CT) Shadegg Brady (PA) Gutierrez McIntyre Butterfield Israel Petri Crenshaw Latham Shays Brown (OH) Gutknecht McKinney Cannon Jackson-Lee Poe Crowley LaTourette Sherwood Brown, Corrine Harman McNulty Cardoza (TX) Pomeroy Cubin Levin Shuster Butterfield Hastings (FL) Meehan Carnahan Jefferson Porter Cuellar Lewis (CA) Simmons Capps Herseth Meek (FL) Carson Jenkins Price (NC) Culberson Lewis (GA) Simpson Capuano Higgins Meeks (NY) Case Johnson (IL) Rahall Cunningham Lewis (KY) Smith (NJ) Cardin Hinchey Menendez Chandler Johnson, E. B. Rangel Davis (AL) Linder Smith (TX) Cardoza Holden Michaud Clay Johnson, Sam Renzi Carnahan Holt Miller (NC) Coble Jones (NC) Davis (FL) LoBiondo Snyder Reyes Carson Honda Miller, George Conyers Kennedy (RI) Davis (KY) Lofgren, Zoe Sodrel Rogers (AL) Chandler Hooley Moore (KS) Costa Kildee Davis, Tom Lucas Solis Ruppersberger Clay Hoyer Moore (WI) Cummings Kind Deal (GA) Mack Souder Salazar Cleaver Inslee Moran (VA) Davis (CA) King (NY) ´ DeLauro Manzullo Spratt Sanchez, Linda Conyers Israel Nadler Davis (IL) Kucinich DeLay Marchant Stearns T. Costa Jackson (IL) Napolitano Davis (TN) Langevin Dent Matsui Stupak Schakowsky Costello Jackson-Lee Neal (MA) Davis, Jo Ann Larsen (WA) Diaz-Balart, L. McCarthy Sullivan Scott (VA) Crowley (TX) Oberstar DeFazio Leach Diaz-Balart, M. McCollum (MN) Sweeney Sessions Cummings Johnson (IL) Obey DeGette Lee Dicks McCotter Tauscher Shaw Davis (AL) Johnson, E. B. Olver Delahunt Lipinski Dingell McCrery Taylor (NC) Sherman Davis (CA) Jones (NC) Owens Duncan Lowey Doggett McHenry Thomas Shimkus Davis (IL) Jones (OH) Pallone Engel Lungren, Daniel Doolittle McHugh Thompson (MS) Skelton Davis, Jo Ann Kelly Pascrell Etheridge E. Doyle McKeon Thornberry Slaughter DeFazio Kennedy (RI) Paul Evans Lynch Drake McKinney Tiahrt Smith (WA) DeGette Kildee Payne Foley Maloney Dreier McMorris Tiberi Stark Delahunt Kilpatrick (MI) Pelosi Forbes Markey Edwards McNulty Turner Strickland DeLauro Kind Peterson (MN) Ford Marshall Ehlers Meek (FL) Upton Tancredo Dicks Kucinich Pomeroy Fortenberry Matheson Emanuel Meeks (NY) Van Hollen Tanner Doggett Langevin Price (NC) Fossella McCaul (TX) ´ Taylor (MS) Emerson Mica Velazquez Doyle Lantos Rahall Frank (MA) McDermott Terry English (PA) Miller (FL) Visclosky Edwards Larsen (WA) Rangel Gerlach McGovern Thompson (CA) Eshoo Miller (MI) Walden (OR) Engel Larson (CT) Ross Gibbons McIntyre Tierney Everett Miller (NC) Walsh Eshoo Leach Rothman Gonzalez Meehan Towns Farr Miller, George Waters Etheridge Levin Roybal-Allard Goode Melancon Udall (CO) Fattah Mollohan Waxman Feeney Moran (KS) Weldon (FL) Ferguson Murtha Weldon (PA)

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00155 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11070 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 Ruppersberger Slaughter Udall (NM) Tiahrt Wamp Whitfield mittee on Appropriations with instructions Rush Solis Van Hollen Tiberi Waters Wicker to report the same back to the House forth- Ryan (OH) Spratt Vela´ zquez Turner Weldon (FL) Wilson (NM) with with the following amendment: Salazar Stark Visclosky Upton Weldon (PA) Wilson (SC) On page 23, line 20, after ‘‘$86,426,000,’’ in- ´ Walden (OR) Weller Wolf Sanchez, Linda Strickland Wasserman sert the following: T. Stupak Schultz Walsh Westmoreland Young (FL) Sanchez, Loretta Watson ‘‘of which $500,000 shall be available to de- Tanner NOT VOTING—6 Sanders Tauscher Watt velop and publish a report on imported crude Schakowsky Taylor (MS) Waxman Allen Millender- Young (AK) oil and petroleum sales to the United States Schiff Terry Weiner Hastings (WA) McDonald pursuant to 15 U.S.C. 796 and 42 U.S.C. 7135.’’ Schwartz (PA) Thompson (CA) Wexler Lee Pickering On page 27, line 8, strike ‘‘$35,000’’ and in- Scott (VA) Tierney Woolsey sert ‘‘$1,035,000’’. Serrano Towns Wu b 2100 Sherman Udall (CO) Wynn So the amendment was rejected. The SPEAKER pro tempore. The gen- The result of the vote was announced tleman from North Carolina (Mr. NOES—253 as above recorded. ETHERIDGE) is recognized for 5 minutes. Abercrombie Ferguson Melancon Mr. ETHERIDGE. Mr. Speaker, I PERSONAL EXPLANATION Aderholt Fitzpatrick (PA) Mica know the hour is late and folks want to Akin Foley Miller (FL) Mr. ALLEN. Mr. Chairman, on rollcall No. go home. Alexander Ford Miller (MI) 207, 208, and 209, I was unavoidably de- Bachus Fortenberry Miller, Gary Mr. Speaker, let me thank the chair- Baker Fossella Mollohan tained. Had I been present, I would have man and the ranking member for their Barrett (SC) Foxx Moran (KS) voted ‘‘yes’’ on all 3. hard work on this bill. But like any- Bartlett (MD) Franks (AZ) Murphy The CHAIRMAN. The Clerk will read. thing we do in this body, we can do bet- Barton (TX) Frelinghuysen Murtha The Clerk read as follows: Bass Gallegly Musgrave ter. This coming Friday will begin Me- Bean Garrett (NJ) Myrick This Act may be cited as the ‘‘Energy and morial Day, and for many Americans it Beauprez Gerlach Neugebauer Water Development Appropriations Act, really is the beginning of summer. Berry Gibbons Ney 2006’’. Biggert Gilchrest Northup On that day, tens of thousands of Bilirakis Gillmor Norwood Mr. HOBSON. Mr. Chairman, I move North Carolinians and millions of Bishop (GA) Gingrey Nunes that the Committee do now rise and re- Americans are getting into their cars Bishop (UT) Gohmert Nussle port the bill back to the House with and hitting the road for vacation. They Blackburn Gonzalez Ortiz sundry amendments, with the rec- Blumenauer Goode Osborne may visit our State’s beautiful beaches Blunt Granger Otter ommendation that the amendments be or seashores. They may visit the cool Boehlert Graves Oxley agreed to and that the bill, as amend- mountain vistas to the west. Or they Boehner Green, Gene Pastor ed, do pass. Bonilla Hall Pearce may just leave our State altogether Bonner Harris Pence The motion was agreed to. and travel across this country. Bono Hart Peterson (PA) Accordingly, the Committee rose; Regardless of where they go and how Boozman Hayes Petri and the Speaker pro tempore (Mr. PUT- far they travel, they will all be con- Boren Hayworth Pitts NAM) having assumed the chair, Mr. Boustany Hefley Platts fronted by the same ugly truth: Our Boyd Hensarling Poe GOODLATTE, Chairman of the Com- Nation is experiencing the highest gas- Bradley (NH) Herger Pombo mittee of the Whole House on the State oline prices in the history of this coun- Brady (TX) Hinojosa Porter of the Union, reported that that Com- Brown (SC) Hobson Price (GA) try. The average price of regular un- Brown-Waite, Hoekstra Pryce (OH) mittee, having had under consideration leaded gasoline in the United States is Ginny Hostettler Putnam the bill (H.R. 2419) making appropria- over $2.12 a gallon, 6 cents higher than Burgess Hulshof Radanovich tions for energy and water develop- it was a year ago. Burton (IN) Hunter Ramstad ment for the fiscal year ending Sep- Buyer Hyde Regula For diesel fuel users like truck driv- Calvert Inglis (SC) Rehberg tember 30, 2006, and for other purposes, ers and farmers, the national average Camp Issa Reichert had directed him to report the bill is over $2.15, 39 cents a gallon higher Cannon Istook Renzi back to the House with sundry amend- Cantor Jefferson Reyes than last year. In the central Atlantic Capito Jenkins Reynolds ments, with the recommendation that States, like North Carolina, the price Carter Jindal Rogers (AL) the amendments be agreed to and that for regular unleaded and diesel are Case Johnson (CT) Rogers (KY) the bill, as amended, do pass. higher than the national average. Castle Johnson, Sam Rogers (MI) The SPEAKER pro tempore. Pursu- Chabot Kanjorski Rohrabacher As I travel throughout my district, I Chocola Kaptur Ros-Lehtinen ant to House Resolution 291, the pre- regularly hear complaints from my Clyburn Keller Royce vious question is ordered. constituents about higher gasoline Coble Kennedy (MN) Ryan (WI) Is a separate vote demanded on any Cole (OK) King (IA) Ryun (KS) prices and diesel fuel prices. Farmers, Conaway King (NY) Sabo amendment? If not, the Chair will put commuters, employers, senior citizens Cooper Kingston Saxton them en gros. and all North Carolinians have been hit Cox Kirk Schwarz (MI) The amendments were agreed to. hard by higher gasoline prices. Cramer Kline Scott (GA) The SPEAKER pro tempore. The Crenshaw Knollenberg Sensenbrenner Truck drivers are seeing their busi- Cubin Kolbe Sessions question is on the engrossment and nesses suffer. Farmers are forced to Cuellar Kuhl (NY) Shadegg third reading of the bill. watch their costs escalate, eating into Culberson LaHood Shaw The bill was ordered to be engrossed their bottom line, especially now, when Cunningham Latham Shays Davis (FL) LaTourette Sherwood and read a third time, and was read the they are getting into the fields. And for Davis (KY) Lewis (CA) Shimkus third time. people who have lost their jobs and Davis (TN) Lewis (KY) Shuster MOTION TO RECOMMIT OFFERED BY MR. still cannot find work, higher gasoline Davis, Tom Linder Simmons ETHERIDGE Deal (GA) LoBiondo Simpson prices place an even higher burden on DeLay Lofgren, Zoe Skelton Mr. ETHERIDGE. Mr. Speaker, I them. Dent Lucas Smith (NJ) offer a motion to recommit. People who live in rural districts like Diaz-Balart, L. Lungren, Daniel Smith (TX) The SPEAKER pro tempore. Is the mine have to travel farther than folks Diaz-Balart, M. E. Smith (WA) Dingell Mack Snyder gentleman opposed to the bill? living in any other area to go to work, Doolittle Manzullo Sodrel Mr. ETHERIDGE. Mr. Speaker, in its to get to a store, to go to church, to Drake Marchant Souder current form, yes. take their children to school and any Dreier Marshall Stearns Duncan McCaul (TX) Sullivan The SPEAKER pro tempore. The number of places. While high gasoline Ehlers McCotter Sweeney Clerk will report the motion to recom- prices hurt everyone, rural Americans Emanuel McCrery Tancredo mit. are especially hit hard. Everyone talks Emerson McHenry Taylor (NC) The Clerk read as follows: about the problem. English (PA) McHugh Thomas Everett McKeon Thompson (MS) Mr. Etheridge of North Carolina moves to The United States is too dependent Feeney McMorris Thornberry recommit the bill H.R. 2419, to the Com- on foreign oil. Every time we have a

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00156 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11071 small disruption in the Middle East, The SPEAKER pro tempore. The Burgess Hoekstra Peterson (PA) Burton (IN) Holden Petri the marketplace reacts wildly and question is on the motion to recommit. Buyer Holt Pitts drives the price of a barrel of oil even The question was taken; and the Calvert Hostettler Platts higher. We need to reduce our Nation’s Speaker pro tempore announced that Camp Hulshof Poe dependency on foreign oil, and we need the noes appeared to have it. Cannon Hunter Pombo Cantor Hyde Porter to bring gas prices down, and this mo- RECORDED VOTE Capito Inglis (SC) Price (GA) tion to recommit is a step in that di- Mr. ETHERIDGE. Mr. Speaker, I de- Capuano Issa Pryce (OH) Carter Istook rection. mand a recorded vote. Putnam This motion will direct $500,000 from Castle Jenkins Radanovich A recorded vote was ordered. Chabot Jindal the Energy Information Administra- Ramstad The SPEAKER pro tempore. Pursu- Chocola Johnson (CT) Regula tion for analysis of imported crude oil Coble Johnson (IL) ant to clause 9 of rule XX, the Chair Rehberg and its impact on petroleum sales. Cole (OK) Johnson, Sam Reichert will reduce to 5 minutes the minimum Conaway Kanjorski It also provides $1 million for the Renzi time for the electronic vote on the Costello Kaptur Reyes Secretary of Energy to conduct a con- question of final passage. Cox Keller Reynolds ference with foreign oil producers of Cramer Kelly The vote was taken by electronic de- Rogers (AL) foreign oil-producing nations. Crenshaw Kennedy (MN) Rogers (KY) Cubin Kind I remember when Saudi Arabia and vice, and there were—ayes 167, noes 261, Rogers (MI) not voting 5, as follows: Culberson King (IA) Rohrabacher other OPEC nations used to say they Cunningham King (NY) Ros-Lehtinen wanted to get the price of a barrel of [Roll No. 210] Davis (KY) Kingston Royce oil between $22 and $28 a gallon. AYES—167 Davis, Jo Ann Kirk Ryan (WI) Davis, Tom Kline Ryun (KS) Mr. Speaker, this is a serious issue. Ackerman Gordon Nadler Deal (GA) Knollenberg Sabo Allen Green, Al Napolitano We may not think so in this body, but DeLay Kolbe Saxton Andrews Grijalva Neal (MA) I guarantee you the people across this Dent Kuhl (NY) Schwarz (MI) Baca Gutierrez Obey Diaz-Balart, L. LaHood Sensenbrenner America do. And let me tell you, when Baird Harman Olver Diaz-Balart, M. Latham Sessions the Saudis said $22 to $28 a barrel they Baldwin Hastings (FL) Owens Doolittle LaTourette Shadegg Barrow Herseth Pallone Drake Leach were shooting for, and it is now $50 and Shaw Bean Higgins Pascrell Dreier Lewis (CA) above, they missed that by a country Shays Becerra Hinojosa Payne Duncan Lewis (KY) Sherwood mile where I come from. Berman Honda Pelosi Edwards Linder Shimkus Bishop (GA) Hooley Ehlers LoBiondo If they truly want to bring down Pomeroy Shuster Bishop (NY) Hoyer Emerson Lucas prices, they could do that today. Ac- Price (NC) Simmons Boswell Inslee English (PA) Lungren, Daniel Rahall Simpson tions speak louder than words, and it is Boucher Israel Everett E. Rangel Smith (NJ) time for action. Brady (PA) Jackson (IL) Ross Feeney Lynch Brown (OH) Jackson-Lee Smith (TX) This administration must insist that Rothman Ferguson Mack Brown, Corrine (TX) Smith (WA) Roybal-Allard Fitzpatrick (PA) Manzullo Saudi Arabia and OPEC nations raise Butterfield Jefferson Snyder Ruppersberger Flake Marchant their production levels now. And this Capps Johnson, E. B. Sodrel Rush Foley McCaul (TX) Cardin Jones (NC) Souder motion will ensure that the adminis- Ryan (OH) Forbes McCotter Cardoza Jones (OH) Stearns tration has the means to bring these Salazar Fortenberry McCrery Carnahan Kennedy (RI) Stupak Sa´ nchez, Linda Fossella McDermott nations together at a conference and Carson Kildee Sullivan T. Foxx McHenry Case Kilpatrick (MI) Sweeney deal with this issue immediately. Sanchez, Loretta Franks (AZ) McHugh Chandler Kucinich Tancredo Every day we continue to experience Sanders Frelinghuysen McKeon Clay Langevin Gallegly McMorris Taylor (MS) higher gas prices is another day that is Cleaver Lantos Schakowsky Taylor (NC) Schiff Garrett (NJ) Mica a drain on the wallet of every single Clyburn Larsen (WA) Gerlach Terry Schwartz (PA) Miller (FL) Conyers Larson (CT) Gibbons Miller (MI) Thomas American. Scott (GA) Cooper Lee Gilchrest Miller, Gary Thornberry Last Sunday at church a church Scott (VA) Costa Levin Gillmor Mollohan Tiahrt Serrano member came to me and he said, You Crowley Lewis (GA) Gingrey Moran (KS) Tiberi Sherman know, I am an independent truck driv- Cuellar Lipinski Gohmert Murphy Tierney Skelton Cummings Lofgren, Zoe Gonzalez Murtha Turner er, and the cost of my fuel is going up, Slaughter Davis (AL) Lowey Goode Musgrave Udall (CO) and it is going to put me in bank- Solis Davis (CA) Maloney Goodlatte Myrick Udall (NM) Spratt ruptcy. Davis (FL) Markey Granger Neugebauer Upton Stark Mr. Speaker, there are a lot of people Davis (IL) Marshall Graves Ney Visclosky Strickland across this country tonight in that Davis (TN) Matheson Green (WI) Northup Walden (OR) DeFazio Matsui Tanner Green, Gene Norwood Walsh same situation, and we can do some- DeGette McCarthy Tauscher Gutknecht Nunes Wamp thing about it. Instead, we are not of- Delahunt McCollum (MN) Thompson (CA) Hall Nussle Weldon (FL) fering the kind of proposal to make a DeLauro McGovern Thompson (MS) Harris Oberstar Weldon (PA) Towns difference. This will offer a proposal to Dicks McIntyre Hart Ortiz Weller Dingell McKinney Van Hollen Hayes Osborne Westmoreland ´ the U.S. Department of Energy Infor- Doggett McNulty Velazquez Hayworth Otter Whitfield mation Administration to move and Doyle Meehan Wasserman Hefley Oxley Wicker take action and take action quickly. Emanuel Meek (FL) Schultz Hensarling Paul Wilson (NM) Engel Meeks (NY) Waters Herger Pearce Wilson (SC) Mr. Speaker, the bill that we passed Eshoo Melancon Watson Hinchey Pence Wolf earlier on energy will increase the cost Etheridge Menendez Watt Hobson Peterson (MN) Young (FL) by 85 percent in 20 years. That is in- Evans Michaud Waxman Farr Miller (NC) Weiner NOT VOTING—5 creasing our dependency. This is an op- Fattah Miller, George Wexler portunity for a solution. This is the Filner Moore (KS) Woolsey Hastings (WA) Millender- Pastor way that we should impact it posi- Ford Moore (WI) Wu McDonald Pickering Young (AK) tively. Frank (MA) Moran (VA) Wynn I urge my colleagues to vote for this NOES—261 b 2128 motion to recommit. Abercrombie Berkley Bonner Mr. HOBSON. Mr. Speaker, I oppose Aderholt Berry Bono Messrs. CAPUANO, COSTELLO and the motion to recommit and urge a Akin Biggert Boozman Alexander Bilirakis Boren TIERNEY changed their vote from speedy passage of the underlying bill, Bachus Bishop (UT) Boustany ‘‘aye’’ to ‘‘no.’’ and yield back the balance of my time. Baker Blackburn Boyd The SPEAKER pro tempore. Without Barrett (SC) Blumenauer Bradley (NH) So the motion to recommit was re- objection, the previous question is or- Bartlett (MD) Blunt Brady (TX) jected. Barton (TX) Boehlert Brown (SC) dered on the motion to recommit. Bass Boehner Brown-Waite, The result of the vote was announced There was no objection. Beauprez Bonilla Ginny as above recorded.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00157 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11072 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 The SPEAKER pro tempore (Mr. McCaul (TX) Petri Smith (NJ) been seeking cooperation from the Fed- McCollum (MN) Pitts Smith (TX) PUTNAM). The question is on the pas- eral Government for this research and McCotter Platts Smith (WA) sage of the bill. McCrery Poe Snyder have been stymied by the cell lines Under clause 10 of rule XX, the yeas McDermott Pombo Sodrel available under current law. and nays are ordered. McGovern Pomeroy Solis H.R. 810, a bill which I am proud to McHenry Price (GA) This is a 5-minute vote. Souder be an original cosponsor of, provides McHugh Price (NC) Spratt The vote was taken by electronic de- McIntyre Pryce (OH) Stark strong, ethical guidelines that ensure vice, and there were—yeas 416, nays 13, McKeon Putnam Strickland high standards in stem cell research. It McKinney Radanovich Stupak not voting 4, as follows: McMorris Rahall also provides hope to countless people Sullivan McNulty Ramstad who live each day less sure of their fu- [Roll No. 211] Sweeney Meehan Rangel YEAS—416 Tancredo ture. Meek (FL) Regula Some would suggest we must choose Abercrombie Cramer Hefley Meeks (NY) Rehberg Tanner Ackerman Crenshaw Hensarling Melancon Reichert Tauscher between lifesaving research on the one Aderholt Crowley Herger Menendez Renzi Taylor (MS) hand and high moral standards on the Akin Cubin Herseth Mica Reyes Taylor (NC) other. This is a false choice. We can Alexander Cuellar Higgins Michaud Reynolds Terry Allen Culberson Hinchey Miller (FL) Rogers (AL) Thomas and must have both. H.R. 810 gives Andrews Cummings Hinojosa Miller (MI) Rogers (KY) Thompson (CA) hope to the ill and maintains Amer- Baca Cunningham Hobson Miller (NC) Rogers (MI) Thompson (MS) ica’s high ethical purpose. It has my Bachus Davis (AL) Hoekstra Miller, Gary Rohrabacher Thornberry full support. Baird Davis (CA) Holden Miller, George Ros-Lehtinen Tiahrt Baker Davis (FL) Holt Mollohan Ross Tiberi f Baldwin Davis (IL) Honda Moore (KS) Rothman Tierney Barrett (SC) Davis (KY) Hooley Moore (WI) Roybal-Allard Towns STEM CELL RESEARCH Barrow Davis (TN) Hostettler Moran (KS) Royce Turner (Ms. ZOE LOFGREN of California Bartlett (MD) Davis, Jo Ann Hoyer Moran (VA) Ruppersberger Udall (CO) asked and was given permission to ad- Barton (TX) Davis, Tom Hulshof Murphy Rush Udall (NM) Bass Deal (GA) Hunter Murtha Ryan (OH) Upton dress the House for 1 minute and to re- Bean DeFazio Hyde Musgrave Ryan (WI) Van Hollen vise and extend her remarks and in- Beauprez DeGette Inglis (SC) Myrick Ryun (KS) Vela´ zquez clude therein extraneous material.) Becerra Delahunt Israel Nadler Sabo Visclosky Ms. ZOE LOFGREN of California. Mr. Berman DeLauro Issa Napolitano Salazar Walden (OR) ´ Berry DeLay Istook Neal (MA) Sanchez, Linda Walsh Speaker, I support H.R. 810, the Stem Biggert Dent Jackson (IL) Neugebauer T. Wamp Cell Research Enhancement Act. Bilirakis Diaz-Balart, L. Jackson-Lee Ney Sanchez, Loretta Wasserman Bishop (GA) Diaz-Balart, M. (TX) Northup Sanders Stem cell research holds the poten- Schultz Bishop (NY) Dicks Jefferson Norwood Saxton tial to improve the lives of millions of Waters Bishop (UT) Dingell Jenkins Nunes Schakowsky Watson Americans suffering from diseases like Blackburn Doggett Jindal Nussle Schiff Watt cancer, heart disease, and diabetes. I Blumenauer Doolittle Johnson (CT) Oberstar Schwartz (PA) Blunt Doyle Johnson (IL) Obey Schwarz (MI) Waxman believe we should do all we can to sup- Boehlert Drake Johnson, E. B. Olver Scott (GA) Weiner port this research, and it is why I am Weldon (FL) Boehner Dreier Johnson, Sam Ortiz Scott (VA) so frustrated at the Bush administra- Bonilla Duncan Jones (NC) Osborne Serrano Weldon (PA) Bonner Edwards Jones (OH) Otter Sessions Weller tion’s attempts to stop it. Bono Ehlers Kanjorski Owens Shadegg Westmoreland NIH said that U.S. scientists are fall- Boozman Emanuel Kaptur Oxley Shaw Wexler ing behind because of the Bush 2001 Whitfield Boren Emerson Keller Pallone Shays limitations on stem cell research. Eliz- Boswell Engel Kelly Pascrell Sherman Wicker Boucher English (PA) Kennedy (MN) Pastor Sherwood Wilson (NM) abeth Nable of the National Heart, Boustany Eshoo Kennedy (RI) Payne Shimkus Wilson (SC) Lung and Blood Institute said, ‘‘Be- Boyd Evans Kildee Pearce Shuster Wolf cause U.S. researchers who depend on Bradley (NH) Everett Kilpatrick (MI) Pelosi Simmons Woolsey Brady (PA) Farr Kind Pence Simpson Wu Federal funds lack access to newer Brady (TX) Fattah King (IA) Peterson (MN) Skelton Wynn human embryonic stem cell lines, they Brown (OH) Feeney King (NY) Peterson (PA) Slaughter Young (FL) are at a technological disadvantage Brown (SC) Ferguson Kingston relative to researchers funded by Cali- Brown, Corrine Filner Kirk NAYS—13 Brown-Waite, Fitzpatrick (PA) Kline Berkley Green (WI) Porter fornia, as well as investigators in Asia Ginny Foley Knollenberg Etheridge Inslee Sensenbrenner and Europe. Burgess Forbes Kolbe Flake Kucinich Stearns My home State of California has al- Burton (IN) Ford Kuhl (NY) Franks (AZ) Matheson ready moved ahead of the Federal Gov- Butterfield Fortenberry LaHood Gibbons Paul Buyer Fossella Langevin ernment by establishing the Institute Calvert Foxx Lantos NOT VOTING—4 for Regenerative Medicine, which will Camp Frank (MA) Larsen (WA) Hastings (WA) Millender- Pickering devote $3 billion to embryonic stem Cannon Frelinghuysen Larson (CT) McDonald Young (AK) Cantor Gallegly Latham cell research over the next 10 years. Capito Garrett (NJ) LaTourette b 2136 This bill is a modest proposal com- Capps Gerlach Leach pared to California’s, but it is still an Capuano Gilchrest Lee So the bill was passed. Cardin Gillmor Levin The result of the vote was announced important step; and that is why it is Cardoza Gingrey Lewis (CA) as above recorded. supported by all the major educational Carnahan Gohmert Lewis (GA) A motion to reconsider was laid on research institutions in California. Carson Gonzalez Lewis (KY) I include their letter of support in Carter Goode Linder the table. Case Goodlatte Lipinski f the RECORD. Let us not drive this re- Castle Gordon LoBiondo search overseas. Chabot Granger Lofgren, Zoe STEM CELL RESEARCH MAY 19, 2005. Chandler Graves Lowey ENHANCEMENT ACT OF 2005 Chocola Green, Al Lucas Hon. ZOE LOFGREN, Clay Green, Gene Lungren, Daniel (Mr. SCHIFF asked and was given House of Representatives, Cleaver Grijalva E. permission to address the House for 1 Washington, DC. Clyburn Gutierrez Lynch minute.) DEAR REPRESENTATIVE LOFGREN: We are Coble Gutknecht Mack writing to express our support for changing Cole (OK) Hall Maloney Mr. SCHIFF. Mr. Speaker, embryonic stem cell research has the potential to federal policy on human embryonic stem cell Conaway Harman Manzullo research to allow an expansion in available Conyers Harris Marchant lead to cures of debilitating diseases cell lines. As you probably know, a vote on Cooper Hart Markey affecting millions of people. Well-re- Costa Hastings (FL) Marshall legislation that would alter current policy is Costello Hayes Matsui spected medical experts from many of expected in the coming weeks, and we urge Cox Hayworth McCarthy our Nation’s finest institutions have your ‘’Yes’’ vote.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00158 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11073 Embryonic stem cells hold the potential under a previous order of the House, erless. This Republican Congress says for new cures and therapies for an array of the following Members will be recog- they are powerless. They cannot take life-threatening diseases affecting millions nized for 5 minutes each. on the OPEC cartel. They cannot take of Americans across the nation. This poten- on the price-gouging oil industry. They tial will be enhanced by the bipartisan Stem f pass so-called energy legislation that Cell Research Enhancement Act (H.R. 810), OIL INDUSTRY AND OPEC PRICE says maybe 10, 12, 15 years from now, if introduced by Representatives Michael Cas- GOUGING tle (R–DE) and Diana DeGette (D–CO) and co- there is any oil in ANWR, and if we can sponsored by more than 200 members of the The SPEAKER pro tempore. Under a pump it, and if they do not take too big House of Representatives. previous order of the House, the gen- of a markup or price gouge on that, it The Castle-DeGette bill would expand cur- tleman from Oregon (Mr. DEFAZIO) is will provide some price relief. That is rent policy to allow federal funding for re- recognized for 5 minutes. their answer. search with stem cell lines discovered after Mr. DEFAZIO. Mr. Speaker, not too Today, in this bill there was nothing. the mandated August 9, 2001, cut-off date as long ago we passed the so-called energy They could not even adopt the well as lines derived in the future. With re- bill here in the House, and tonight we gard to future stem cell lines, the bill applies minimalist study of what the OPEC passed the Energy and Water Develop- cartel is doing to the American people. only to lines derived from days-old ment appropriations bill. The question blastocysts that otherwise would be dis- That was not allowed by the Repub- carded from in vitro fertilization clinics, but that the American people should ask as lican majority. And they certainly that instead are voluntarily donated to re- we head into the Memorial Day week- could not allow the amendment that end is, what has the Republican Con- search by consenting individuals, without would stop the United States Govern- compensation. Further, this legislation gress done to rein in price gouging by ment from buying from the oil compa- would ensure the development of ethical the oil industry and the OPEC oil car- nies at this extortionate price and guidelines for research with embryonic stem tel? The answer, if you look at these pumping that oil into the ground for a cell lines. two bills, is: Nothing. Absolutely noth- future crisis. California has moved ahead by establishing ing. Nada. Zip. the Institute for Regenerative Medicine, If you would listen to the Republican This is a crisis now, today, for work- which will devote $3 billion to embryonic President from the oil industry, the ing American men and women, people stem cell research over the next ten years. who have to commute to work in my The provisions within H.R. 810 are more re- Republican Vice President rich from the oil industry, and the Republican district by car. Small businesses across strictive than those of the California Initia- this country and big businesses and the tive; however, H.R. 810 is crucial because it Congress replete with donations from will make a significant difference to nation- the oil industry, they are powerless in airlines are going broke. But this ad- wide federal research programs. This expan- the face of so-called market forces to ministration says they are powerless, sion in policy will further facilitate and ac- do anything about the price gouging of they can do nothing. celerate the research conducted in our state. the American people. Well, guess what? The United States When the current federal embryonic stem Now, if this were really just supply of America can do better, but we just cell research policy went into effect in 2001, and demand, maybe, maybe you could have to get rid of the oil cartel. Not the notion was that 78 cell lines would be understand that. But it is a little more the OPEC oil cartel, but the oil cartel available for research. Currently, only 22 are running the United States Congress actually available to researchers; many oth- than that. The OPEC oil cartel con- ers have been found unsuitable. Further- spires to restrict supply and drive up and the White House and the Vice more, a number of the available lines are en- the price of oil in violation of all the President’s office. tangled with commercial interests making so-called free trade agreements that f the cells too expensive or impossible for this Republican Congress and this Re- NIH-funded investigators to obtain. For publican President say should rule the b 2145 these reasons, the existing embryonic stem world. EXCHANGE OF SPECIAL ORDER cell lines do not provide a sufficient supply The World Trade Organization, well, TIME to advance the research to its full potential. I have asked this President four times Embryonic stem cells offer the potential to Mr. DUNCAN. Mr. Speaker, I ask reverse diseases and disabilities experienced now in writing to file a complaint about this illegal activity by the OPEC unanimous consent to assume the Spe- by millions of Americans. Stem cell research cial Order time of the gentleman from is still very new. Thus, we have a collective cartel. It violates the rules of the Minnesota (Mr. GUTKNECHT). responsibility—scientists, university leaders, World Trade Organization, of which and government leaders—to support the ex- this President is such a great fan. Now, The SPEAKER pro tempore (Mr. ploration of the promising possibilities of why will he not file a complaint? Of MARCHANT). Is there objection to the both embryonic and adult stem cell research seven of the OPEC cartel, six are in the request of the gentleman from Ten- for curing and preventing disease. World Trade Organization and one nessee? Please support scientific advancement and There was no objection. the possibility of new cures by voting ‘‘Yes’’ wants to join. Tremendous leverage. on H.R. 810 to expand federal stem cell re- File a complaint about their illegal ac- f search policy. tivity. Save the American people from U.S. SHOULD WITHDRAW FROM Sincerely, cartels that price-gouge them. IRAQ AND AFGHANISTAN ROBERT C. DYNES, But, no, the President will not do President, University that. Why is that? It is because the oil The SPEAKER pro tempore. Under a of California. companies, from which the President previous order of the House, the gen- STEVEN B. SAMPLE, has sprung forth, and the Vice Presi- tleman from Tennessee (Mr. DUNCAN) is President, University dent make a lot of money on this. recognized for 5 minutes. of Southern Cali- Every time the oil cartels raise the Mr. DUNCAN. Mr. Speaker, Hamid fornia. Karzai, the President of Afghanistan, DAVID BALTIMORE, price about two bucks a barrel, well, President, California they take that plus another 10 percent criticized the U.S. in a graduation Institute of Tech- for profit. So the higher the price, the speech in Boston on Sunday. He said nology. bigger their profit. the U.S. had ‘‘the power and hence the JOHN L. HENNESSY, If you look at the quarterly state- responsibility’’ to get involved in Af- President, Stanford ments of the largest oil companies in ghanistan even before the tragic events University. the world, ExxonMobil and others, they we refer to as 9/11. President Karzai f are awash in tens of billions of dollars said because the U.S. did not get in- of cash extracted 10, 20, 30 cents at a volved sooner, the result was ‘‘horrible SPECIAL ORDERS time in excess profits from the Amer- suffering for the Afghan people.’’ The SPEAKER pro tempore (Mr. ican people at the pump. This is a man who was given a hero’s MARCHANT). Under the Speaker’s an- Now, this is hurting real people. But welcome at the White House, the State nounced policy of January 4, 2005, and this administration says they are pow- and Defense Departments, and the

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00159 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11074 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 World Bank just yesterday. This is a will reach $9 trillion. By the end of this later discovered, to give informed con- man who was a special guest at two fiscal year, we will have spent over $300 sent for her own care. joint sessions of Congress. This is a billion in Iraq and Afghanistan and Although stable for the first few man who probably would not be presi- probably another $100 billion in the days, she began to slip into critical dent today if not for the U.S., and to coming fiscal year which starts Octo- condition. Despite having her daugh- whom our taxpayers have given bil- ber 1. ter’s contact information clearly indi- lions of dollars since September of 2001. Mr. Speaker, seven more Americans cated on her chart, the hospital failed It takes a lot of gall for President were killed in Iraq yesterday. Our col- to notify her family for 6 days. Trag- Karzai to come to the U.S. and blame league, the gentleman from Mississippi ically, just hours later, Elaine Sullivan us for the horrible suffering of the Af- (Mr. TAYLOR), just told me that four died alone in the hospital. ghan people because we did not get in- guardsmen from his State were killed In the aftermath of this tragedy, volved in Afghanistan in a big way be- today. Already this month has been Elaine Sullivan’s daughter, Jan, and fore 2001. one of the bloodiest of the entire war. granddaughter, Laura, turned their Since 2001, U.S. taxpayers have sent The headlines on the front page of the personal pain to public action. Jan and billions to Afghanistan for economic, Washington Times says: ‘‘Car bombings Laura Greenwald went to work to humanitarian, and reconstruction as- kill scores across Iraq.’’ make sure that what happened to their sistance. We have sent several hun- Our Founding Fathers did not intend loved one would not happen to others. dreds of millions of dollars each year, for us to run Iraq or Afghanistan or From their research, the Greenwalds in addition to what the military is any other country. Our first obligation learned about other incidents like their spending, and most of what the mili- should be to the American people and own, in which families of hospitalized tary is doing in Iraq and Afghanistan is no one else. We should be friends to patients were not notified at all or no- pure foreign aid. No country in the his- other countries, but we cannot afford tified after lengthy delay. Although tory of the world has even come close to continue spending hundreds of bil- uncommon, these stories were alarm- ing; but, alas, they were avoidable. to doing as much for other countries as lions all over the world. Let me be clear. Most hospitals no- has the United States. No country in In just a few years we will not be able tify the next of kin of unconscious the history of the world has even come to pay our own people all the Social emergency room arrivals relatively close to doing as much for Afghanistan Security, Medicare, Medicaid, drug quickly. However, emergency rooms as has the United States. Yet President costs, military and civil service and are extremely high pressure, intense, Karzai comes here and makes a major private pensions that we have prom- and sometimes chaotic environments. speech and instead of thanking the ised. To stay any longer in Iraq or Af- According to statistics compiled by the American people over and over, as he ghanistan goes against every tradi- American College of Emergency Physi- should have, he criticizes us for not tional conservative position. We can no cians, more than 88 percent of emer- getting involved sooner. longer afford it in either blood or treas- gency room doctors surveyed reported Just yesterday, the front page of The ury. moderate to severe overcrowding in Washington Post carried a story about f their department. In the hustle and the parents of Pat Tillman who was bustle of the ER, despite the profes- killed by friendly fire in Afghanistan. PASS H.R. 2560, THE ELAINE SULLIVAN ACT sionalism and dedication of staff, there The parents bitterly attacked the are real risks that a simple phone call The SPEAKER pro tempore. Under a Army for lying and covering up the de- may not be able to be made in a timely previous order of the House, the gen- tails of their son’s death, and they fashion. have every right to do so. Pat Till- tleman from Illinois (Mr. JACKSON) is In the case of Elaine Sullivan, the man’s dad said, ‘‘They blew up their recognized for 5 minutes. phone call was not made. In her mem- poster boy’’ and then lied about it to Mr. JACKSON of Illinois. Mr. Speak- ory and honor, I have introduced this create a ‘‘patriotic fervor’’ in the U.S. er, today I introduced legislation, H.R. bill so that in the future phone calls to I voted to go to war in Afghanistan 2560, that is specifically designed to loved ones will always be made. The because I and everyone but one in Con- save lives and reduce suffering. It is a bill, the Elaine Sullivan Act, is sen- gress felt we had to respond to 9/11, but small, but significant, measure to pro- sible. It requires hospitals that receive we should have gotten out of there tect the voiceless and the vulnerable. Medicare funding to make reasonable after 3 or 4 months; and if we had, Pat In an instant, a wrong turn, a sudden efforts to contact a family member, Tillman would still be alive today. fall, a missed step, someone, indeed specified health care agent, or surro- I voted against going to war in Iraq anyone, can find himself or herself in a gate decision-maker of incapacitated because, among many other reasons, crisis and in need of emergency med- patients within 24 hours of arrival at Saddam Hussein’s total military budg- ical care. the emergency department. et was only a little over two-tenths of In California alone, nearly 10 million The bill is realistic. Modeled after 1 percent of ours, and he was no threat people require emergency room care State laws in Illinois and California, to us whatsoever. It is no criticism of every year. And of those, 1.5 million ar- the bill recognizes that such notifica- the military to say this was a totally rive in critical condition. In fact, na- tions would be difficult and even im- unnecessary war. tionwide, nearly 1 million people arrive practical in certain instances and Unless conservatives now believe in in emergency rooms each year uncon- under certain circumstances. There- massive foreign aid, huge deficit spend- scious or physically unable to give in- fore, the 24-hour notification require- ing, world government and placing al- formed consent to their care. ment does not apply when hospitals most the entire burden of enforcing What happens or what fails to happen implement a disaster or mass casualty U.N. resolutions on our taxpayers and in the critical, precious, and imme- program or during a declared state of our military, all things that conserv- diate moments after the single split emergency or other local mass cas- atives have opposed in the past, then second of an emergency can be the dif- ualty situation. conservatives should want us to get ference between healing and heart- The bill is constructive. The legisla- out of both Iraq and Afghanistan. break, between calamity and recovery, tion makes Federal grants available William F. Buckley, Jr., the god- between life and death. for the next 5 years to qualified not- father of conservatism, wrote a column Consider the story of Elaine Sullivan. for-profit organizations to establish a few days ago saying it is now time to A very active 71-year-old woman, and operate a national next of kin reg- exit Iraq. Many leaders of our military Elaine fell at home while getting into istry. As a high-speed, electronic free will want us to stay in Iraq and Af- her bathtub. When paramedics arrived, search service, the voluntary registry ghanistan for many years so they can they realized that injuries to her would help hospitals and government get higher and higher appropriations. mouth and head had made her unable agencies to locate family members of But in a few months, our national debt to communicate, or as the hospital the injured, missing, and the deceased.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00160 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11075 How would the registry work? Con- ation of the robust nuclear Earth pene- b 2200 sider for a moment just one dis- trator, otherwise known as the ‘‘bunk- CTR is but one of the broad array of tressing, but relevant, scenario. Your er buster’’ bomb? Why does this year’s national security programs in SMART loved one, say your spouse, is on a defense authorization bill continue this security and an effective one at that. business trip. She is out of state and on ridiculous trend by recommending a But any attempt to rid the world of nu- her own. On the way, she is involved in Department of Defense study about the clear weapons must include non- a serious head-on collision. Uncon- possibility of creating the bunker bust- proliferation efforts at home, in the scious and unable to communicate, she er? United States. We must set an example is rushed to the nearest hospital. Unbe- Mr. Speaker, the stated purpose of for the rest of the world by fulfilling knownst to you, your wife lay coma- the bunker buster is to destroy caves our international pledge to end our nu- tose, fighting for her life, miles from and difficult-to-reach terrorist hide- clear program and dismantle our exist- home. outs, but the bunker buster is com- ing weapons. Doctors and nurses work feverishly pletely unnecessary. The United States Mr. Speaker, continued efforts to to provide emergency medical care to a military already is capable of bombing study the feasibility of the bunker patient who is only a name on the li- these remote locations, and they do buster bomb are the very antithesis of cense; but to you, she is the love of not need to use nuclear weapons. these international commitments. your life. If the two of you had signed The bunker buster is also extremely When the United States engages in the up for the next of kin registry, the hos- dangerous. A detonation of this deadly proliferation of nuclear weapons, we pital staff would be able to quickly no- weapon would create an enormous, un- lower the threshold and actually en- tify you about your wife’s critical con- controllable explosion, spreading toxic, courage other countries to proliferate dition. You could rush to be by her radioactive materials over a large area; with the possibility of actually using side, share critical medical history and and an explosion could cause the death nuclear weapons. Instead, let us get information that could help save her of thousands of innocent civilians and smart. life; hence, the bill is necessary. devastate large tracts of lands. Let us be smart about this issue and It is not intended to frustrate the How many times must we consider work both here at home and abroad to mission of hospitals, but rather to fa- the merits or lack thereof of the bunk- end the proliferation of any and all nu- cilitate it. It is about notifying the er buster bomb? How many times must clear bombs. We owe this to our chil- right people at the right time in order sensible nonproliferation priorities dren and we owe this to their children. to share the right information during compete with a dangerous nuclear f an emergency. Using this crucial med- arms race? CAFTA ical information while caring for a To address the true security threats The SPEAKER pro tempore (Mr. critically ill patient reduces the hos- we face, I have introduced the SMART WESTMORELAND). Under a previous pital’s own liability. So, such notifica- Security resolution, H. Con. Res. 158, order of the House, the gentleman from tion is vital. with the support of 49 of my House col- Ohio (Mr. BROWN) is recognized for 5 Not only is it important to have a family leagues. SMART is a Sensible, Multi- lateral American Response to Ter- minutes. member present to comfort the patient, but Mr. BROWN of Ohio. Mr. Speaker, rorism. It encourages renewed non- also to make informed decisions that the pa- last year President Bush signed the proliferation efforts over continued nu- tient can’t make for him or herself and to pro- Central American Free Trade Agree- clear buildup. vide the medical history that could very well ment, a one-sided plan to benefit mul- SMART urges sufficient funding and be the difference between life and death. tinational corporations at the expense support for nonproliferation efforts in So, Mr. Speaker, I hope that my colleagues of United States and Central American countries that possess nuclear weapons will join me in supporting H.R. 2560—the farmers, small businesses and workers. and nuclear materials. One of the best Elaine Sullivan Act. It is a small but sensible Every trade agreement negotiated by ways to accomplish this goal is measure designed to save lives and ease suf- this administration has been ratified through CTR, the Cooperative Threat fering. Mr. Speaker, we don’t know when trag- by Congress within 65 days, within edy will strike. But, if it does, we should know Reduction program. The Cooperative about 2 months of the President’s sign- that we would not be alone. This bill provides Threat Reduction program successfully ing it. But CAFTA, the Central Amer- the assurance that our loved ones will be by works with Russia to dismantle and ican Free Trade Agreement, has lan- our side. safeguard excess nuclear weapons and guished in Congress for 1 year without f materials in the states of the former a vote because this wrong-headed trade Soviet Union. SMART SECURITY agreement offends both Republicans Under this program, more than 20,000 and Democrats. The SPEAKER pro tempore. Under a Russian scientists, formerly tasked Just look at what has happened with previous order of the House, the gentle- with creating nuclear weapons, are now our trade policy in the last dozen woman from California (Ms. WOOLSEY) working to dismantle them. That is years. In 1992, the year I was first is recognized for 5 minutes. why SMART Security includes robust elected to Congress, we had in this Ms. WOOLSEY. Mr. Speaker, in the support for the current CTR model, in- country a trade deficit of $38 billion. first Presidential debate of the 2004 cluding expanding the program to That means that we imported $38 bil- Presidential election, moderator Jim other nations such as Libya and Paki- lion of goods more than we exported. Lehrer asked the candidates what they stan, nations that possess excess nu- $38 billion in 1992. Then NAFTA passed, believe is the single most serious clear weapons and excess nuclear mate- the North American Free Trade Agree- threat to the national security of the rials. ment, then permanent normal trade re- United States. Without delay, Senator To promote these efforts, earlier lations with China, then a whole KERRY responded ‘‘nuclear prolifera- today I introduced an amendment to ’nother series of trade agreements. tion.’’ When President Bush had the the Defense authorization bill to ex- Last year, our trade deficit was $618 opportunity to respond, he agreed that pand CTR. My amendment would bring billion, from $38 billion to $618 billion nuclear nonproliferation is the biggest this important program to Libya and in 12 short years. threat we face as a Nation. Pakistan, two countries that are Our trade policy clearly is bankrupt, If the President agrees that nuclear known to possess nuclear materials. clearly is not working for American nonproliferation is such a grave and We need to utilize our diplomatic re- workers, clearly is not working for our immediate threat, why does he and lationships to encourage these two families, for our school systems, for why does his administration continue countries to give up their dangerous our communities, and clearly is not to seek the creation of new nuclear nuclear materials, and the best way to working in the developing world for weapons? Why does the President con- do so is through the Cooperative workers in those countries. It is the tinue to seek funds to study the cre- Threat Reduction program. same old story.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00161 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11076 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 Now the President is asking us to to Albuquerque and Los Angeles. They called Prepare Tomorrow’s Parents. pass the Central American Free Trade flew them to Cincinnati, Ohio, in my Suzy Garfinkle Chevrier, founder and Agreement. With each trade agreement State and New York and Miami. Again, president of Prepare Tomorrow’s Par- that the President asks us to pass, the they failed. ents, says, ‘‘Parenting is not a hobby. President and his allies promise At the end of this trip, one of the It is the most important work most of stronger manufacturing in the United presidents, the Costa Rican president us will ever do. Let’s not leave our States, more jobs for Americans, more said, Hey, my country is not ratifying grandchildren’s future to chance.’’ prosperity for the U.S. economy and CAFTA unless an independent commis- Is it not strange, Mr. Speaker, that for communities in this country and sion would show that it would not hurt one of the most important and difficult better wages for workers in developing working families and the poor in my skills, raising children, goes untaught? countries. Yet with every single trade country of Costa Rica. So that is not Learning parenting skills is vital be- agreement, their promises fall by the working. cause the early experiences of chil- wayside in favor of big business inter- Calling out that we have got to do dren’s lives impact their potential for ests that send U.S. jobs overseas, that something about the war on terror and learning and for mental health. We lock in low wages in the developing that is why we are doing this agree- need to create better parents because world and that exploit that cheap labor ment, that did not work. Bringing the neglected or abused children are espe- abroad. Central American presidents to the cially prone to perpetuate this cycle Madness, Mr. Speaker, is repeating United States, that did not work. when they become adults without re- the same action over and over and over So what is next? The Republican sources for healthy parenting. and expecting a different result. Again, leadership is opening the bank. They An alarming number of children are look at this trade deficit. Look what are making deals. To my friends on at risk of being abused, neglected or has happened after 12 years of failed that side of the aisle, they are prom- otherwise poorly nurtured by inad- trade policies. From a $38 billion trade ising bridges, they are promising high- equately prepared or nonsupportive deficit to $618 billion. President Bush, ways, they are promising some of the parents. Inadequate parenting can con- Sr., said that for every $1 billion of sleaziest deals this Congress has ever tribute to teen pregnancy, depression, trade deficits, that translates into seen. They are basically buying votes addictions, academic failure, delin- 12,000 jobs. If you have a surplus of $1 in this Congress in order to pass the quency and, later, criminal behavior. billion, you have 12,000 extra jobs. If Central American Free Trade Agree- I imagine that the vast majority of you have a deficit of $1 billion, you lose ment. We saw it in 2002 with fast track adults in the United States believe 12,000 jobs. We have a deficit of $618 bil- authority when the President opened that parenting and relationship skills lion. Do the math. the bank and bought votes then. We should be taught. Yet few students now Mr. Speaker, what has happened with are not going to stand for it this time. receive this instruction. School-based this trade deficit shows in this map. Mr. Speaker, what really makes parenting education programs can help These red States are States which have sense instead is a trade policy that lifts to prevent future child abuse and work lost, in just a 5-year period, 6-year pe- workers up in rich and poor countries to build healthy children by developing riod, more than 20 percent of their alike while it is respecting human an understanding of child development manufacturing. Michigan, 210,000 jobs. rights. The United States with its in future parents and by providing par- Illinois, 224,000 jobs lost. My State, the unrivaled purchasing power and its enting skills such as empathy, listen- State of the gentleman from Ohio (Mr. enormous economic clout is in a unique ing, problem solving and critical think- RYAN), 216,000 jobs. The State of the position to help empower poor workers ing. Regardless of how much detail the gentleman from Connecticut (Mr. LAR- in developing countries while pro- young people remember from their SON), 50,000 jobs. The State of the gen- moting prosperity at home. classes by the time they become par- tleman from California (Mr. FILNER) Vote ‘‘no’’ on CAFTA. Renegotiate a ents, the instruction gives them a deep and the gentlewoman from California better agreement. sense of the reality of parenting, of the (Ms. LEE), 353,000 jobs. The State of the f sacrifices and demands as well as the gentleman from Illinois (Mr. DAVIS), joys. Prepare Tomorrow’s Parents is a 224,000. Hundreds of thousands of jobs EXCHANGE OF SPECIAL ORDER group working towards a society in lost with this trade policy, with this TIME which every child is well-nurtured and kind of export trade policy, import Mr. FILNER. Mr. Speaker, I ask parenting is valued and undertaken by trade policy, where trade deficits con- unanimous consent to take the time of prepared adults. tinue to grow and grow and grow. the gentleman from Illinois (Mr. EMAN- Parenting education for students is That is why, Mr. Speaker, in the face UEL). being taught successfully in many of this growing bipartisan opposition, The SPEAKER pro tempore. Is there schools around the Nation, primarily the administration, the Republican objection to the request of the gen- through family and consumer science leadership has tried every trick in the tleman from California? classes, but not enough young people, book to pass CAFTA. They cannot There was no objection. especially boys, participate in these argue our trade policy is working when f elective courses. Expanding and requir- you see this kind of manufacturing job ing these classes will save many more PREPARE TOMORROW’S PARENTS loss. current and future families much So what they do, they first try to The SPEAKER pro tempore. Under a heartache. It will help us to help our link CAFTA with helping democracy in previous order of the House, the gen- young people succeed at being parents the developing world and they say, tleman from California (Mr. FILNER) is that will make them, their children CAFTA will help us fight the war on recognized for 5 minutes. and their parents happy, productive terror. Ten years of NAFTA, 10 years of Mr. FILNER. Mr. Speaker, I rise and proud. CAFTA’s dysfunctional cousin NAFTA, today to speak about the fourth na- Finally, establishing parent edu- have done nothing to improve border tional Prepare Tomorrow’s Parents cation classes honors the work of security with Mexico, so that argu- Month, the month between Mother’s mothers and fathers by teaching our ment does not sell. Day and Father’s Day. This month is a young people what a complex effort it Then, 2 weeks ago, the United States time for teachers, parents and youth takes to raise a child. As well as learn- Chamber of Commerce flew on a junket group leaders nationwide to promote ing new skills, they will begin to appre- the six presidents from the CAFTA parenting education and relationship ciate more and more the care they countries around our country, hoping skills classes for all young people. have received from their parents. they would sell CAFTA to the Amer- Prepare Tomorrow’s Parents Month Mr. Speaker, I thank Prepare Tomor- ican people and to the Congress and to is being sponsored by a national non- row’s Parents for sponsoring Prepare the American media. They flew them profit organization formed in 1995 Tomorrow’s Parents Month.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00162 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11077 JUDICIAL APPOINTMENTS Let us look for a minute at Judge So I appeal to my colleagues in the The SPEAKER pro tempore. Under a Brown’s record. First, she authored an other body to uphold our constitu- previous order of the House, the gentle- opinion that effectively ended mean- tional system of checks and balances woman from California (Ms. LEE) is ingful affirmative action in California. and to at least vote against these ex- recognized for 5 minutes. Her opinion was severely criticized treme nominees that are coming for- Ms. LEE. Mr. Speaker, tonight I rise both on and off the court for its harsh ward. Extraordinary circumstance, I truly disappointed at the decision of rhetoric and its suggestion that affirm- ask the Members, what constitutes an my colleagues in the other body to ne- ative action resembled racist and seg- extraordinary circumstance when we gotiate this lose-lose situation for mi- regationist laws that predated land- look at nominees who affect the deci- nority and civil rights. mark civil rights laws. sions that affect our daily lives, our While I appreciate and understand She has praised turn-of-the-century children’s lives? my Senate colleagues and their desire U.S. Supreme Court cases declaring f to preserve the Senate tradition and to maximum hour laws to be unconstitu- CHRONIC FATIGUE AND IMMUNE avoid the nuclear option which their tional and called the decision reversing DYSFUNCTION SYNDROME leadership unfortunately threatened to course and protecting workers the ‘‘tri- use, I join with Senator FEINGOLD, umph of our own socialist revolution.’’ The SPEAKER pro tempore. Under a Chairman WATT and members of the I could go on and on about her judicial previous order of the House, the gen- Congressional Black Caucus in saying record, and I hope people take a good tleman from Illinois (Mr. DAVIS) is rec- tonight that the deal that was bro- look at her record. If this does not con- ognized for 5 minutes. kered was a bad one for the American stitute extraordinary circumstances, I Mr. DAVIS of Illinois. Mr. Speaker, people. In the words of the Congres- do not know what will. over 800,000 Americans have chronic fa- sional Black Caucus today, we said Let us look at Justice Pryor’s record tigue syndrome, CFS, also known as that, one, we strongly oppose the deal for just a minute whose nomination chronic fatigue and immune dysfunc- that trades judges who oppose our civil was given away in terms of the right to tion syndrome, or CFIDS. This is a filibuster. Alabama Attorney General rights for a temporary filibuster cease- complex and debilitating medical dis- William Pryor, nominated for the 11th fire. order characterized by profound ex- This deal is more of a capitulation Circuit, has sought repeal of a critical haustion, intense widespread pain, and than a compromise. In fact, one of our section of the Voting Rights Act that severe problems with memory and con- Republican friends in the other body has proved highly successful in over- centration. It usually lasts for years; stated that she thinks that this deal coming the historical denial of the and recovery, in the few cases where really does help advance the goal of right to vote for African Americans. that occurs, is slow and unpredictable. their majority leader. b 2215 Because the symptoms of CFS are com- This deal allows the right to fili- He also believes that some rights now mon to other conditions and no diag- buster only in extraordinary cir- protected by the Constitution should nostic tests exist, it is often over- cumstances. There is no question in my be regarded as ‘‘social disputes’’ that looked by health care providers. In mind that the judicial extremism of would reduce rights that protect mi- fact, government studies show that Janice Rogers Brown, Priscilla Owen nority views to majority votes in the only 15 percent of those who have CFS and William Pryor constitute extraor- States. As an African American, again, have been diagnosed by their doctor. It dinary circumstances. Nonetheless, the I believe that his nomination con- is even more difficult for CFS patients right to filibuster their nominations stitutes an extreme circumstance, an to get appropriate symptomatic treat- has been given away. I know that when extraordinarily extreme circumstance; ment or to obtain disability benefits if it comes time to vote on their con- yet there can be no filibuster based they become too disabled to work. firmation, Americans are going to be upon this deal that was negotiated. His The cause of CFS is not yet known. looking to Senators in both parties to view that the eighth amendment pro- Much of what we do know about CFS reject them based on their extremist tection against cruel and unusual pun- has been documented by researchers views. ishment does not bar certain inhumane funded by the National Institutes of The question I have about this deal treatment of prison inmates, and this Health and the U.S. Centers for Disease is, who will really define what con- was repudiated by the United States Control and Prevention. Here are some stitutes ‘‘extraordinary circum- Supreme Court. Again, I believe this is facts: women age 30 to 50 are at great- stances’’? I believe this deal weakens an extraordinary circumstance which est risk for developing CFS, and the filibuster and the principles of dis- again was negotiated away. Latinos and African Americans are at sent and minority rights that it was The same thing, I hope people look at greater risk for CFS than Caucasians designed to safeguard. As a minority, Justice Owen once again. She was nom- or Asians. Children can get CFS too, as a woman, as a Californian and as an inated for the fifth circuit. She is although it is more common in teens American, the nomination of Janice known for her dissents opposing wom- than younger children. The condition Rogers Brown to the United States en’s rights and reproductive rights and may begin suddenly as with the flu, or Court of Appeals for the D.C. Circuit is favoring corporate interests against it may build gradually over time. nothing short of an extraordinary cir- consumers and workers. Physical or mental exertion makes cumstance. Mr. Speaker, we are not talking symptoms significantly worse. The American public needs to under- about nominees with a record of impar- Individuals with CFS are severely stand that we are not bickering here tiality and informed reflection when impacted by the disease; and according about peanuts. The U.S. Court of Ap- making decisions. These are adminis- to the CDC studies, their functional peals for the District of Columbia Cir- tration choices who were nominated, status is the same as or worse than cuit is widely regarded as the second nominated under the threat of a fili- those suffering from obstructive pul- most important court in America, sec- buster. Heaven knows whom the ad- monary disease, osteoarthritis, and ond only to the United States Supreme ministration will nominate now that coronary heart disease. People with Court. The court is a stepping stone to that threat is gone. CFS often lose the ability to maintain the United States Supreme Court. The The American public needs to under- full-time employment, attend school, D.C. Circuit has produced more justices stand that this entire process, the en- and participate fully in family life. to the Supreme Court than any other tire process, just threatening the nu- Symptomatic treatment can provide circuit court. For the rest of their clear option, is an abuse of power. It some improved quality of life, but is lives, these judges have the potential was designed to water down our con- generally inadequate in helping pa- to implement policies that affect all of stitutional systems of checks and bal- tients return to normal activity levels. us, not 52 percent or 48 percent, but 100 ances and to turn the Congress into a The Nation’s economy is also seriously percent of the American public. rubber stamp for the President. affected. The annual direct cost of lost

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00163 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11078 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 productivity due to CFS is $9.1 billion, Ray Philippon; his daughter, Emilee; foxholes, rifle ranges, and even bars. I an amount equivalent to our largest and Olivia Lawrence, Larry’s fiancee, will never forget answering the phone corporations’ annual profits. This sum spoke eloquently and emotionally. How and hearing my 21-year-old son say ‘Hi, does not include medical costs or dis- this father, a veteran himself, found Mommy.’ Your daily calls home meant ability benefits. the strength and composure to deliver so much to me. There is hope, though. The Depart- a compelling, humorous, and heartfelt ‘‘Marching on, you paraded us ment of Health and Human Services tribute to his son is among the remark- through our Nation’s capital. You im- has chartered a CFS Advisory Com- able traits of the human character. He pressed us with your precision and mittee that meets quarterly to advise transcended his pain and heartache and pride. You walked in the sunshine all the Secretary for Health on research credited his strength as coming from the way. We watched you soar even and on education policy as it relates to his son. He capped his comments with higher the day that you waltzed Olivia CFS. The CDC is conducting promising a final salute to his son that left no dry into our life. She fit so well into our research that may lead to a diagnostic eye in the church. plans, and I knew she would take good test. Other researchers are following Reverend Miller quoted Scripture and care of you. I was happy to share you important leads that may improve the New Testament, repeating the re- with her. Then your dream to deploy treatment and deepen understanding of frain: ‘‘No greater love can a man have came true and our hearts with dread. the way CFS affects various body sys- than to lay down his life for his Oh, Larry, how thankful I was to go tems. However, in fiscal year 2004, just friends.’’ and see you before you left. That time $15 million was spent by the Federal Governor Rell rose and spoke tear- I spent with you is so precious to me. Government to conduct research on fully and with empathy as both a You introduced me to your Marines. this devastating illness. mother and the State’s chief executive. You were always mindful to ask them CFS consistently ranks at the bot- Her heartfelt response, her grace veiled to curtail their leatherneck language tom of the NIH funding charts; and only by her tears of motherly sym- in front of your mom, saying to them, even during the period when Congress pathy, were equally moving. ‘Hey, this is my mom. Watch your was doubling the NIH budget, support As we all pause this Memorial Day to mouth.’ for CFS research declined. A June 2003 honor the fallen, our hearts are filled ‘‘Then it came time to say good-bye. commitment by NIH Deputy Director with gratitude for those brave soldiers, I prayed, and God graced me with Vivian Pinn to issue a request for ap- like Lance Corporal Philippon, who calmness so that I could look you in plications for CFS has not been ful- have laid down their lives for their the eyes. Without a quiver in my voice, filled. The Secretary for Health has not country but also for their families who I opened my heart and told you how yet acted on a set of 11 recommenda- gave their sons and daughters to mili- deeply I loved you, how happy I was to tions delivered by the CFS Advisory tary service. In honor of those soldiers be your mother and that I would see Committee on August 23, 2004. and families, I hereby submit for the you when you came home. Olivia and I Many challenges remain, and more RECORD his mother’s farewell, a letter stood side by side. We held each other Federal funding is needed to answer Leesa Philippon composed on Mother’s basic questions. CFS warrants the sup- up as we watched the buses filled with Day, the day she learned of her son’s courageous and brave Marines drive port of this Congress, and we must find death. This letter’s sincerity, love, and a way to do more for the hundreds of away. You’ll be happy to know that implicit truth comes shining through thousands of Americans affected by Olivia picked up that Guidon and has as radiant and bright as her love for this serious illness. called me every day. Oh, dear Larry, no her son. I hereby submit this letter for one will ever fill your magic shoes. So f the RECORD, which reads: many people loved you. It is so evident HONORING FALLEN SOLDIER ‘‘My Dear Sweet Boy Larry, I know in these past days. Our home has been LANCE CORPORAL LAWRENCE R. how busy you were on Mother’s Day. filled with love from family, friends, PHILIPPON AND THE STRENGTH Your commanding officer’s message community, and even those we never OF HIS FAMILY apologized that mothers may not get a met. You will continue to guide us into The SPEAKER pro tempore. Under a call on their special day. I knew that if the future of your family. We must re- previous order of the House, the gen- you could find a way, you would call. group and, as we learned entering the tleman from Connecticut (Mr. LARSON) Your voice always calmed my fears. Marine Corps, ‘adapt and overcome; we is recognized for 5 minutes. The day passed, and, again, I prayed for thank God for your presence in all our Mr. LARSON of Connecticut. Mr. your safe return home. I detailed my lives. He is working so faithfully to Speaker, I rise to speak of the inspira- prayers, trying to think of every dan- turn the evil that took you away from tion and strength of Ray and Leesa ger you might encounter. No IEDs, no us into everlasting love. Your flag will Philippon and their family in con- enemy mortars, no friendly fire, no dis- continue to wave in our hearts. We fronting the ultimate sacrifice, the loss ease. And, God, please bring Larry proudly stand and watch you lead your of their son Lance Corporal Lawrence home safe, unharmed and of sound fallen comrades to the Gates of Heav- R. Philippon, who on Mother’s Day, mind and body. But then they came, en. May 8, tragically lost his life while two Marines marching to my door, car- ‘‘Look for me when I get there, and serving his country in Iraq. In 2002 rying a cross that was so very painful we will walk hand in hand together Lance Corporal Philippon answered his to bear. again. country’s call to service and joined the ‘‘Larry, you played such a huge part ‘‘Semper Fi, love always, Mom.’’ United States Marine Corps. Again in our lives. You were a Guidon bearer f stepping forward for his country, Lance and team leader all along. You Corporal Philippon came up and gave marched through our lives and led us TRICARE COVERAGE TO GUARD up his position with the Washington, to wonderful places. You imprinted AND RESERVE D.C. Color Guard to become an infan- your love on our hearts. It was a joy to The SPEAKER pro tempore. Under a tryman with the 3rd Battalion Second watch you grow and play. We laughed previous order of the House, the gen- Marines deployed to Al Qaim, Iraq. endlessly at your antics on and off tleman from Mississippi (Mr. TAYLOR) In the eulogy, Ray Philippon spoke of fields of grass and ice. You led us on an is recognized for 5 minutes. his son’s courage, his ability to over- incredible patriotic journey with your Mr. TAYLOR of Mississippi. Mr. come life’s obstacles, his Forrest badge of courage. We anxiously waited Speaker, I cannot help but be moved by Gump-like philosophical manner in those 13 long weeks of boot camp to what the gentleman from Connecticut dealing with life. He was proud of his pass and we would be able to hold you (Mr. LARSON) just had to say. It seems family, his fidelity to the Marine in our arms again. You conquered In- with all too much frequency, on a daily Corps, his commanders, his President. fantry school and you called home basis, either in the local media, the na- He was 22 years old. every day, keeping us informed from tional media, we are learning of young

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00164 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11079 Marines, young National Guardsmen, After a spirited debate and over, by RESERVE OFFICERS young members of the Army and Navy the way the objections of the com- ASSOCIATION OF THE UNITED STATES, who have given their lives in Iraq. mittee chairman, the ranking member, Washington, DC, May 24, 2005. Right now, 40 percent of all the force the gentleman from New York (Mr. Hon. GENE TAYLOR, Rayburn House Office Building, MCHUGH), by a vote of 32 to 30, the in Iraq and Afghanistan are Guardsmen Washington, DC. or Reservists. That is something that committee decided to extend TRICARE DEAR REPRESENTATIVE TAYLOR, I am writ- is very different from previous wars. In coverage to every single member of our ing to confirm the support of the Reserve Of- fact, in the Vietnam War, very few Nation’s Guard and Reserve, because ficers Association of the important amend- Guardsmen and Reservists were sent we felt like they deserved it. ment to the FY 2006 National Defense Au- over there. In the first Gulf War, there Sometime between 1 o’clock in the thorization Act that you would like to bring to the House floor. was a substantial call-up. But I do not morning when this passed and 6 o’clock Thursday evening, the gentleman from ROA agrees that TRICARE Reserve Select think at any time in our Nation’s re- should be extended to the drilling population cent history have we ever seen so many California (Chairman HUNTER) in- on a cost-share basis. Mobilization should Guardsmen and Reservists serving. If formed me right there in the back of not be the physical qualification test to Members take the time to look at the the room that there was a budgetary achieve medical readiness, as it puts the cart casualty reports, they will know that concern about this, that there was before the horse. The governments own studies have shown not only are 40 percent of the people some mandatory spending associated with the bill, that the gentleman from that between 20 to 25 percent of our Guards- serving over there Guardsmen and Re- men and Reservists are without health care servists, but a very high new number of Iowa (Chairman NUSSLE) of the Com- coverage. Medical readiness is our number the people who are wounded, a very mittee on the Budget was going to one challenge when Reserve Components are high number of the people who lose raise a point of order. mobilized. I would like to remind my colleagues their lives are in the Guard and Re- A Reservist is required to meet the same that on 21 occasions already this year, health and physical fitness standard as is an serve. 21 major pieces of legislation came to Active-duty member. Yet Reservists are the Last Friday I had the great privilege this floor where they waived every only part-time federal employee not offered to visit some Mississippians at Walter budgetary restraint. Sometimes it was health care coverage. Reed. I asked the folks on the floor if Better health care benefits will help our so people like Paris Hilton could in- I could visit every wounded Mississip- recruiting, readiness and retention efforts. herit tens if not hundreds of millions of pian. It might surprise some people to Providing TRICARE health will help per- dollars without paying any taxes on it. suade spouses that the Guard and Reserve is find out of the five soldiers that I was Sometimes it was for things like the a career and not just a job. able to visit, every one of them was a prescription drug benefit for seniors, The Reserve Officers Association with its Guardsmen or Reservist. that we were told at the time would 75 thousand members thanks you for your 2230 support. With the Guard and Reserves pro- b cost our Nation $435 billion, but it viding 40 percent of the deployed forces, Young William Brooks, a student at turns out it is really going to cost $1.2 seeking parity of benefits is a national secu- Mississippi State University, in a trillion over the next 10 years. But rity issue. Humvee that ran over a mine, lost both they waived budgetary rules for that. Sincerely, legs. Young Corporal Rice, of Hatties- The one time they selectively chose ROBERT A. MCINTOSH, Major General, USAFR (Retired), burg, Mississippi, lost a leg with the to enforce the budgetary rules was over $5 million for a very narrow bracket of Executive Director. Marine Corps Reserve. Specialist National Guardsmen who happen to be Yancy, a reservist in the heating and Federal employees who are already on MILITARY OFFICERS air conditioning business back home. ASSOCIATION OF AMERICA, FEHBP and who might want to enroll Young Elliot Smith, who lost a foot Alexandria, VA, May 23, 2005. in TRICARE. So the same folks who in with the 115th Mississippi National Hon. DAVID DREIER, the past 4 years have added over $2 tril- Guard. Chairman, Committee on Rules, House of Rep- lion to the national debt, giving the The stories go on. It is not unique to resentatives, Washington, DC. wealthiest Americans, the political DEAR MR. CHAIRMAN: On behalf of the Mississippi. But what is I think a contributor class of America, enormous 370,000 members of the Military Officers As- unique burden that is borne by our tax breaks, decided that these folks sociation of America (MOAA), I am writing Guardsmen and Reservists is that un- who are serving in Iraq and Afghani- to urge you to support—or at least not to op- pose—an amendment that Reps. Gene Taylor like their regular counterparts that stan, that they do not deserve the op- they serve next to every day, they are and Joe Wilson wil1 offer to the FY2006 De- portunity to buy their health care cov- fense Authorization Act that would extend not afforded an opportunity to buy into erage. I think that is wrong. our Nation’s health care system. TRICARE coverage eligibility to all mem- I went to the Committee on Rules to- bers of the Selected Reserve who are not eli- It is called TRICARE, and it is not night, and as we speak the Committee gible for the Federal Employees Health Pro- free. They do have to pay into the sys- on Rules is going to vote on this. But gram (FEHBP). tem. They have to pay even more if I would like to remind the Committee A broader amendment was approved by the they want their family covered. But on Rules that since last Thursday, the Armed Services Committee, but the Congres- sional Budget Office identified a potential right now, if you are a Guardsman or Reserve Officers Association of the Reservist, you cannot even buy in. One mandatory spending problem because certain United States, the Military Officer’s members also are eligible for FEHBP. The of the things we found out is that 20 Association of America, the Adjutants proposed Taylor-Wilson amendment will re- percent of all our Nation’s Guardsmen General Association of the United solve this problem by excluding FEHBP en- and Reservists do not have health in- States, which is the Adjutant General rollees from eligibility for the Reserve surance. Twenty percent of our Na- of every single State, EANGUS, the TRICARE program, since they already have tion’s Guardsmen and Reservists also, National Guard Association, they all access to federal health coverage. MOAA believes strongly that it is essential coincidentally, were found unfit for have come out in support of this duty when they were called up, and it to extend health care eligibility to all Se- amendment, and I will include their lected Reserve members. These members might well be because of this lack of letters of support for the RECORD. make up 40 percent of our deployed forces, health insurance. Mr. Speaker, I am putting the Com- and the Guard and Reserve already are expe- Last week in the House Committee mittee on Rules on notice that it is my riencing recruiting and retention difficul- on Armed Services I offered an amend- intention to offer the motion to recom- ties. ment, along with seven of my Repub- mit should this amendment not be State National Guard leaders have consist- lican colleagues and a number of made in order, and that I think it is ently told us that extending health coverage to all of these members is one of the most Democrats, to see to it that TRICARE most appropriate that this amendment important things we can do to improve re- was extended to every Guardsman and that has already passed the House cruiting and retention. It is essential to en- Reservist, not just those returning Committee on Armed Services be voted sure all Guard and Reserve families have ac- from Iraq and Afghanistan. on by every Member of this House. cess to quality health care and to preserve

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continuity of health coverage, regardless of the issues of medical readiness and con- NATIONAL GUARD ASSOCIATION the member’s mobilization status. tinuity of care for members of the reserve OF THE UNITED STATES, INC., I urge you to help facilitate this important component. The availability of health insur- Washington, DC, May 23, 2005. initiative for the Guard and Reserve mem- ance has a direct affect on a service mem- Hon. GENE TAYLOR, bers and families who are bearing such a ber’s access to healthcare, health status, job House of Representatives, large and disproportional share of national decisions and financial security. Washington, DC. sacrifice in the war on terrorism. There is considerable bipartisan support DEAR REPRESENTATIVE TAYLOR: I am writ- Sincerely, for cost-share access to TRICARE for all ing to thank you for your efforts on behalf of STEVEN P. STROBRIDGE, members of the National Guard and Re- the 450,000 members of the National Guard Colonel, USAF (Ret), serves, regardless of status. In the past two who so desperately need the opportunity to Director, Government Relations. years, the Senate Armed Services Com- access health care for themselves and their mittee (SASC) has included a provision in families. ADJUTANTS GENERAL ASSOCIATION their version of the Defense Authorization OF THE UNITED STATES bill that provided cost-share access to As recently as May 17, 2005, the National Washington, DC, May 23, 2005. TRICARE. Guard Association of the United States testi- Hon. GENE TAYLOR, The House Committee on Armed Services fied before the Defense Subcommittee of the House of Representatives, passed an amendment that would provide Senate Appropriations Committee on this Washington, DC. TRICARE to all National Guard and Reserve critical issue. We said in part: DEAR REPRESENTATIVE TAYLOR: I am writ- members by a vote of 32–30. We understand ‘‘This committee is well versed in the con- ing to advise that the Adjutants General As- that the amendment was stricken by the tributions being made by members of the Na- sociation of the United States (AGAUS) Chairman of the committee due to budgetary tional Guard in operations in Iraq, Afghani- wholeheartedly endorses your amendment to implications. The new amendment that will stan and the Global War on Terror. As the the 2006 National Defense Authorization Act be offered by Congressman Taylor will ad- Secretary of Defense has said repeatedly, which will provide full TRICARE benefits to dress those issues. ‘‘The War on Terror could not be fought all National Guard and Reserve members. We believe this issue deserves full consid- without the National Guard’’. Battles would The AGAUS met in Omaha, Nebraska on eration by every member of the House of not be won, peace would not be kept and sor- May 20, 2005 and voted overwhelmingly to en- Representatives. Therefore we urge you to ties would not be flown without the citizen dorse the Taylor/Wilson amendment. The Ad- adopt a Rule making in order the Taylor soldier and citizen airman. We are asking on jutants General from the fifty states and amendment allowing cost-share access to their behalf for the resources necessary to four territories make up the AGAUS. All TRICARE for eligible members of the reserve allow them to continue to serve the nation. were represented in Omaho. The discussion component. and vote were resoundlingly supportive. Working for America’s Best! ‘‘At the top of that list of resources is ac- We believe it to be in the best interests of MICHAEL P. CLINE cess to health care. The National Guard As- our nation to provide full TRICARE benefits MSG (Ret), AUS, sociation believes every member of the Na- to all National Guard and Reserve members. Executive Director. tional Guard should have the ability to ac- Full time military technicians and Active cess TRlCARE coverage, on a cost-share Guard/Reserve (AGR) members already re- NATIONAL GUARD ASSOCIATION basis, regardless of duty status. ceive full medical benefits through existing OF THE UNITED STATES, INC., ‘‘While we are encouraged by the establish- programs or TRICARE. However, the tradi- Washington DC, May 23, 2005. ment of TRICARE Reserve Select, which is a tional force does not have this option com- Hon. DAVID DREIER, program where members ‘‘earn’’ medical pletely. The TRICARE Reserve Select pro- Chairman, House Committee on Rules, Capitol coverage through deployments, we don’t be- gram recently enacted is a welcome and ap- Building, Washington, DC. lieve it goes far enough. Healthcare coverage preciated step. However, your amendment is DEAR CHAIRMAN DREIER: Late last week, for our members is a readiness issue. If the necessary to ensure reserve component mem- thirty-one members of the House Armed Department of Defense expects Guard mem- bers are always able to report ‘‘ready for Services Committee voted to pass an amend- bers to maintain medical readiness, then it duty.’’ Many will not require the benefit be- ment which would provide access to health follows that they should also have access to cause they have coverage through their civil- care, on a cost-share basis, to members of healthcare. As you know, when a National ian employment. This will mitigate some of the National Guard. Subsequently, Chairman Guardsman is called to full time duty, he or the concerns over the cost of program. Hunter struck the amendment from the bill she is expected to report ‘‘ready for duty’’. Our National Guard and Reserve members based on potential budgetary implications Yet, studies show that a significant percent- are fighting along side active duty forces to which violated the rules. age of our members do not have access to defeat terrorism. They and their families I am writing on behalf of the men and healthcare. Making TRICARE available to should have the ability to share in medical women of the National Guard Association of all members of the National Guard, on a benefits. On behalf of the AGAUS thank you the United States to urge you to create a cost-share basis, would provide a solution to for realizing this and so proactively working rule which would allow such a measure to be this problem. And, it would finally end the to achieve the equity our members and fami- included in the National Defense Authoriza- turbulence visited on soldiers and their fami- lies deserve. tion Bill. lies who are forced to transition from one ROGER P. LEMPKE, Just like the Minutemen at Concord and healthcare coverage to another each time Major General, ANG, Lexington, today’s citizen-soldiers have left they answer the nation’s call. President, AGAUS. their homes, families, and careers to take up the fight. When they are called to duty, they ‘‘In addition to addressing readiness con- ENLISTED ASSOCIATION OF THE NA- must arrive physically fit for duty. Yet, cerns, access to TRICARE would also be a TIONAL GUARD OF THE UNITED many do not have access to basic health strong recruitment and retention incentive. STATES, care. We consider it a key readiness issue In an increasingly challenging recruiting/re- Alexandria, VA, May 23, 2005. that soldiers and airmen have access to tention environment, TRICARE could make Re H.R. 1815 National Defense Authorization health care so that they are ready for duty a significant difference. Part-time civilian Act of 2006 Rule. when called. Other part time Federal em- federal employees are eligible to participate in federal health insurance programs. Hon. DAVID DREIER, ployees have the option of buying into a gov- NGAUS believes that National Guard mem- Chairman, House Committee on Rules, Capitol ernment sponsored health plan. We believe bers should receive, at a minimum, the op- Building, Washington, DC. our soldiers and airmen deserve no less. portunity afforded other federal part-time DEAR CONGRESSMAN DREIER: I am writing Congressman Gene Taylor plans to offer a on behalf of 45,000 members of the Enlisted revised amendment to the Authorization Bill employees.’’ Association of the National Guard which would allow members of the National We have worked diligently for the last five (EANGUS). We urge you to adopt a Rule Guard access to the military healthcare sys- years to secure legislation that would pro- making in order the amendment to be of- tem, on a cost-share basis. We strongly urge vide the healthcare access that you propose. fered from Congressman Gene Taylor that your committee to pass a rule which would You have our unwavering support in this en- would allow cost-share access to TRICARE make consideration of this amendment pos- deavor and the thanks of Guard and Reserve for eligible members of the National Guard sible. members and their families across the coun- and Reserves. Thank you very much for your kind con- try. Please continue your effort on their be- Since September 11, 2001, over 400,000 mem- sideration. half. bers of the reserve component have been de- Sincerely, Sincerely, ployed. While we appreciate the enhance- STEPHEN M. KOPER, STEPHEN M. KOPER, ments to TRICARE included in the com- Brig. Gen. (Ret.), USAF, Brigadier General (Ret), USAF, mittee bill (H.R. 1815), they will not address President. President.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00166 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11081 APPROVAL RATE OF CONGRESS ‘‘How do House Republicans respond to power by the Republican majority with AT LOWEST POINT IN 10 YEARS ethical lapses? By trying to bury the ethics process. They saw the new The SPEAKER pro tempore (Mr. them.’’ rules for what they were, nothing more WESTMORELAND). Under the Speaker’s The Hartford Current wrote, ‘‘The than an attempt to protect a powerful announced policy of January 4, 2005, committee has been careening towards Republican leader, and finally, after the gentleman from New Jersey (Mr. ethical oblivion in recent years as the media and public outcry became too PALLONE) is recognized for half the re- majority Republicans have relaxed the much for the Republican majority to maining time until midnight as the standards, eased up on investigations endure, Republicans agreed to re- designee of the minority leader. and created trap doors through which institute the old bipartisan ethics Mr. PALLONE. Mr. Speaker, as we alleged transgressors could escape.’’ rules. prepare to return to our districts for Finally I cite the Sarasota Herald However, it is important to remem- the Memorial Day work period, I think Tribune, which wrote, ‘‘If the GOP’s ber that had the public been indifferent it is important for us to take a look at leaders in Congress continue to change and had the Democrats on the Com- where we are today and how exactly we the rules to protect one of their own, mittee on Standards of Official Con- got here in the Congress. I think, for they will have ceded the ethical high duct gone ahead and allowed the com- the most part, and certainly a lot of re- ground they pledged to take in 1994.’’ mittee to organize under the weakened cent polls indicate it, the American Again, this is what I call the Repub- rules, today this House would be struc- people are fed up with the Congress, lican abuse of power, and it is a major tured under ethics rules that would that the approval rate of Congress is at reason why people have lost faith in allow either side, Democrat or Repub- its lowest point in 10 years, and it leads Congress and why Congress is at a 10- lican, to shield its Members from scru- me to wonder how did we get to this year low in terms of people’s support or tiny. place? I think we have to take a look feelings about the institution. Mr. Speaker, the Republican ethics back at the first 5 months of the 109th But the Republican leadership did reversal was good for this institution Congress this year to get some an- not just stop at weakening the Com- and good for the American people. swers. mittee on Standards of Official Con- Now, there are still a lot of questions Earlier this year, the Republican duct rules. No, the leadership also remaining about what the Republican leadership went ahead and changed the purged three Republican members of majority is doing with the Committee way the Committee on Standards of Of- the Committee on Standards of Official on Standards of Official Conduct. De- ficial Conduct does its business. In the Conduct earlier this year, three mem- spite the majority’s change of heart on past, whenever ethics changes were bers who ruled against a Republican weakening the ethics rules, there are being considered, they were addressed leader the previous year. still several areas where the Repub- in a bipartisan fashion with both After losing his chairmanship on the lican leadership is continuing to delay Democrats and Republicans at the Committee on Standards of Official any action by the Committee on Stand- table, and that is the only way ethics Conduct, the Republican gentleman ards of Official Conduct. reform can honestly be addressed. But from Colorado (Mr. HEFLEY) told the The new chairman of the Committee the Republican leadership ignored that Washington Post that there is ‘‘a bad on Standards of Official Conduct has protocol and strong-armed enough of perception out there that there was a said that he wants to appoint his chief their Members to pass new and weak- purge in the Ethics Committee and of staff from his personal office to be ened ethics rules, without any support that people were put in that would pro- the new staff director of the Com- from our Democratic colleagues. tect our side of the aisle better than I mittee on Standards of Official Con- Mr. Speaker, I think the American did.’’ duct. This action would defy House people understood that these new eth- He continues, ‘‘Nobody should be rules, which state that Committee on ics rules were basically a blatant at- there to protect anybody. They should Standards of Official Conduct staffers tempt by the majority to protect one be there to protect the integrity of the of their Republican leaders. These new are to be nonpartisan. institution.’’ It is inconceivable that the rules rules allowed either party, Democrat Mr. Speaker, it took congressional would allow the chairman to unilater- or Republican, to protect its own Mem- Republicans nearly 4 months to finally ally appoint a chief counsel without bers. Under the new Republican rules, listen to their former ethics chairman if a majority of the committee could immediately running afoul of the rules. and the media. But, fortunately, in the not determine whether or not an inves- Trying to do so would be a clear viola- tigation should proceed after 45-days of end they did restore the old bipartisan tion of the rules, as well as an affront receiving a complaint, that complaint ethics rules. The gentleman from Colo- to the committee’s tradition. would simply be dropped. Since the rado (Mr. HEFLEY) was clearly right, The Committee on Standards of Offi- Committee on Standards of Official the integrity of the House is much cial Conduct is supposed to be a place Conduct is made up of five members more important than any one Member, where Members can get straight, unbi- from each party, either side could pre- and I think it is time the Republican ased, trustworthy ethics guidance. How vent an ethics investigation from mov- leadership learn that lesson, not only can Members who might have disagree- ing forward against one of its Members. on that Committee on Standards of Of- ments with the House leadership feel That is not the way the Committee ficial Conduct issue but in general. comfortable going to the committee on Standards of Official Conduct is sup- The abuses of power by the Repub- for advice if they fear committee staff posed to work. Under the old bipartisan lican majority really make you wonder members are incapable of performing rules, which have now been restored, why they are necessary now. It seems their official duties in a nonpartisan an investigative committee was cre- clear to me that the Republican leader- fashion? ated after a 45-day deadline if a major- ship went to all this trouble to protect My point is that the Committee on ity of the committee could not deter- one of its leaders. The Wall Street Standards of Official Conduct should be mine how to proceed. Journal charged ‘‘there is an odor, an a politics-free zone. One way to ensure The weakened ethics rules by House unsavory whiff at the highest reaches politics stops at the committee doors is Republicans did not fool anybody, cer- of the House of Representatives.’’ to hire staff whose first loyalty is to tainly not the editorial writers around Every single day it seems the Members the ethics rules of the House and sec- the country, both liberal and conserv- of this body and the American people ond loyalty is in equal measure to the ative. They followed the House pro- are subjected to another revelation of chairman, ranking member and re- ceedings closely and they were essen- questionable actions by one of our col- maining members of the committee. If tially fed up with the new Republican leagues. It is a constant drip that is committee staff are perceived as being rules. getting close to a large puddle. loyal to or owing their position to only I will just give you some examples. Fortunately, as I said, the American one member of the committee, their The conservative Chicago Tribune said, people were not fooled by this abuse of ability to render advice and investigate

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00167 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11082 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 sensitive ethics issues will be called tisan support. In Justice Thomas’s Judiciary, refused to bring the nomi- into question. case, he only received 52 votes, and he nees’ names up for a vote in the com- I would say once again, Mr. Speaker, has proven to be an extremist. mittee. the American public see the games the If the Senate had proceeded with this And, I think it is extremely disingen- Republican leadership is playing with power grab and gotten rid of the fili- uous of Senator FRIST to say that all the Committee on Standards of Official buster, President Bush would have nominees are entitled to an up-or-down Conduct and they simply do not like it. been able to appoint right-wing judges vote when he himself helped Senate They would rather see this committee to the Supreme Court. Republicans block President Clinton’s nominees in the late 1990s. We did not go back to work in a bipartisan fash- b 2245 ion, and now, so the Congress can ad- hear him talking about an up-or-down dress their concerns. The President has already said he vote then when President Clinton was Now I want to go from the one issue most admires Justices Scalia and nominating judges. of abuse of power here in the House re- Thomas and I think it would be fright- I just want to say, once again, Mr. lated to the Committee on Standards ening to think of another Justice with Speaker, I think that the bipartisan of Official Conduct to the other out- that same mold. agreement reached last night was ex- rageous abuse of power in the other Mr. Speaker, at the end of the day a tremely valuable. It will keep two of body, in the Senate, and this relates, of group of 14 bipartisan senators kept the President’s nominees from moving course, to the Senate filibuster. the Senate Republican leadership from forward who really do not deserve to be Senate Republicans have spent much moving forward with this extreme appointed, and I would hope that the of the last 4 months fixating on seven power grab. The bipartisan compromise President would learn from last night’s extreme judges President Bush once that was reached last night shows that action that, unlike the House, the Sen- again sent up for confirmation after President Bush is not going to be able ate is not a chamber that will be a rub- they had already been rejected during to ignore the moderate views of these ber stamp for his extreme views. Let us his first term. Rather than dealing senators when he appoints future jus- hope that President Bush was listening with rising gas prices and an economy tices to the Supreme Court, and I think and will resist nominating extreme that continues to falter and other that is certainly good news for our right-wing judges to our courts in the issues that people really care about, country. future. Senate Republicans attempted to have I think certainly what was happening But all of this, not only the action in a power grab, unlike any other in the here, Mr. Speaker, was that the White the House on the ethics rules, but also history of the U.S. Senate. House was manufacturing a crisis with the action in the Senate on the fili- Fortunately, Mr. Speaker, the Re- these judicial nominees. The American buster, I think they are examples real- publican quest for absolute power in people know that there was absolutely ly of how the Republican majority has Washington was temporarily halted no reason for the Senate to take the abused its power. And the consequence last night by 14 Senators. And this was measure of eliminating the minority’s of that is that the public is increas- a truly bipartisan group. Seven Demo- right for input on judicial nominees. ingly disappointed and feels that the crats and seven Republicans came to- The White House has essentially manu- Congress does not do its job, that it is gether to save the Senate from moving factured this judicial crisis because if essentially a do-nothing Congress. And forward with an extreme power grab you look at the record, over the past 4 as we approach the Memorial Day re- that would have undermined the very years, the Senate has confirmed 208 of cess, I think I need to stress that, that checks and balances that have existed Mr. Bush’s judicial nominations and I believe the reason why the polling in our Nation for over 200 years. turned back only 10. That is a 95 per- and the media shows that people no Senator FRIST and the Senate Repub- cent confirmation rate, higher than longer have faith in Congress or that lican leadership were prepared to wage any other President in modern times, the support of Congress as an institu- an unprecedented political power grab including presidents Reagan, the first tion has dropped significantly is be- on the filibuster. They wanted to President Bush, and President Clinton. cause of the Republican leadership’s change the Senate rules in the middle In fact, it is thanks to these confirma- fixation on these issues that consoli- of the game and wanted to attack our tions that President Bush now presides date their power, that seek to consoli- historic system of checks and balances over the lowest court vacancy rate in date their power without focusing on with the filibuster so that they could 15 years. the real issues that affect the Amer- ram through a small number of judicial Despite what Senate Republicans are ican people. nominees who otherwise could not saying today, judicial nominees have A USA Today CNN poll that was re- achieve a consensus. not always received an up-or-down vote leased today, Mr. Speaker, showed that In reality, the power grab by the Sen- on the Senate Floor. In fact, back in the American people are fed up with ate Republican leadership in trying to 2000, it was Senate Republicans that Republican control of Congress and are eliminate the filibuster did not really attempted to filibuster two of Presi- ready for a democratic Congress. And have much to do probably with the cur- dent Clinton’s appointments to the who can blame them? If they had been rent judicial nominees, but instead it Ninth Circuit Court. Senator FRIST, watching the abuses of power that had was an attempt by the White House the architect, of course, of eliminating been taking place in both the House and conservative interest groups to the filibuster now, voted to continue a and the Senate in the last four months, clear the way for a Supreme Court filibuster of a Clinton nominee, Rich- they would have to be disgusted. Be- nominee eventually who would only ard Paez. yond that disgust, I think it is clear need 51 votes rather than 60. There are also other ways the sen- that they just want Congress to ad- Conservative interest groups and a ators can prevent a nominee from re- dress the issues of importance in their large majority of Senate Republicans ceiving an up-or-down vote on the lives, and we are going to be going into are not happy with the current makeup Floor, and this has happened many a Memorial Day recess without most of of the U.S. Supreme Court. They do not times in the past, which shows why it those issues being addressed. It really want to see another David Souder or is not the case that there has to be an has been, for the last five months, a do- Anthony Kennedy nominated to the up-or-down vote. Judicial nominees nothing Congress. Supreme Court, even though they both have often been stalled in the Senate For five months now, congressional were confirmed with nearly unanimous Committee on the Judiciary. More Republicans have done nothing to re- bipartisan support. They would prefer than one-third of President Clinton’s verse their abysmal economic record. to see President Bush nominate a Su- appeals court nominees never received The fact is that middle class families preme Court Justice like Clarence an up-or-down vote on the Floor of the are being squeezed at the gas pump, at Thomas, who, because of extreme Senate because Senator HATCH, then the pharmacy with high drug prices, views, could not garner strong bipar- the chairman of the Committee on the and in the grocery store. There are

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00168 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11083 growing signs of a faltering economy, get down and look at issues like the that the Palestinians work to ensure a with President Bush still having the rising cost of college, the rising cost of safe transition, that any looting or vio- worst jobs record in history. health care, the rising price of gas at a lence is prevented. Israel has taken the Instead of addressing the serious time when most people’s wages are dramatic step of withdrawal; Abbas kitchen table issues of American fami- shrinking. must then ensure that Gaza does not lies, education, health care, you name It is simply time, I think, for us to become a haven for terrorists. it, Republicans are focusing on legisla- get down to the people’s business. I This morning, Sharon also an- tion that is written for the special in- hope that when we come back after the nounced that as a sign of good faith, he terests and will actually harm middle Memorial Day recess, that we can see plans to release 400 Palestinian pris- class families. the end of these Republican abuses of oners. This is in addition to the 500 Instead of increasing the minimum power, we can see the end of their try- prisoners freed in February as part of wage and expanding prosperity, Repub- ing to change the rules and, rather, fo- an agreement between the two sides. licans are focused on undercutting bi- cusing in a bipartisan way on trying to I would urge President Bush to be partisan ethics rules. address some of the Americans con- firm in his meeting with Abbas on Instead of creating good jobs with cerns of the American people. Thursday that any support of terrorism good paychecks by completing the STEPS TOWARD PEACE IN ISRAEL will not be tolerated, that these next much-delayed highway bill, for exam- I just wanted to switch to a different couple months will be critical if the ple, Republicans choose to focus in- issue, if I could, Mr. Speaker, for a few peace process is to continue, the dis- stead on undercutting the checks and minutes, because I know that this engagement, and the upcoming Pales- balances on judicial nominations by fo- Thursday is an historic day when the tinian elections must go smoothly. cusing on the filibuster. Palestinian Authority President Mr. Speaker, I would like all of my Instead of enacting an energy bill Mahmoud Abbas is going to be visiting colleagues to be cautiously optimistic that improves our communities and Washington to talk to President Bush. about the situation in Israel. These ini- brings down gas prices and tries to cre- I wanted to discuss briefly the recent tial steps are heartening, but the words ate more energy independence, the Re- developments in the Middle East peace must be met with action. I had the opportunity almost two publicans have channeled their energy process and how that relates to this years ago to go to Israel at the time into replacing Social Security with a historic visit to Washington by the when there was a cease-fire and there risky privatization scheme that clearly Palestinian leader. most Americans do not support, and This is the first time a Palestinian was relative peace. At that time the President probably is going to have leader has visited the United States Mahmoud Abbas was the Prime Min- to eventually abandon. since peace talks in 2000 collapsed into ister, and I realized very quickly that And, instead of passing a budget that bloodshed. This is a critical oppor- he was not in a position of authority reflects the values of America’s fami- tunity for Abbas to prove to Israel and and that it was not likely that the lies, Republicans brought the entire the world that their commitment to peace process was going to continue or Federal Government to intervene in peace goes beyond rhetoric and that that the cease-fire was going to con- the personal tragedy of just one family, the Palestinian leadership is taking tinue. Very quickly, after myself and and I am, of course, talking about the concrete steps towards peace. the rest of the congressional delegation Terry Schiavo case. I think it is no Just as this is an important oppor- left, the violence began again, Abbas wonder that the American people are tunity for Abbas to show that he is ceased to be the Prime Minister, and not pleased with Congress, and I think committed to peace, Abbas’s visit to we went through essentially another it is time congressional Republicans Washington is an equally important year, over a year of violence, if not take a hard look at these polls. I do not opportunity for the United States to longer than a year. I hope that this time is different. I say, Mr. Speaker, that we should al- further encourage reforms in the Pales- hope that because of the overtures and ways be looking at polls, but in this tinian Authority. As one of my con- the steps that Ariel Sharon has taken, case, the polls reflect what people are stituents said to me this afternoon, that we can see now a situation where thinking. and this is one of the reasons that I am Abbas is ready to negotiate and to end I go back, and I will, of course, go here this evening, the United States the violence. But I do think it is in- back to my district during the Memo- must be willing to hold Abbas’s feet to cumbent upon President Bush to make rial Day recess, and I know I am going the fire. to hear from people who are saying, That being said, in order for negotia- that point, that we are not going to see why are you not talking about health tions to move forward, Abbas must rise peace, we are not going to see any new care, why are you not talking about to the occasion. He must take steps to negotiations, we are not going to see education? What are you doing about dismantle Hamas and the Palestinian any roadmap unless Abbas and the Pal- the trade deficit? What are you doing terrorist network. Security is of the estinian Authority immediately take about the budget deficit? What is the utmost concern for Israel and Hamas is steps to ensure that there is peace and reason why a crisis for everything from a direct threat to the safety of the that violence does not continue. housing to groceries to gas continue to Israeli people. f go up, and we in Congress do not ad- Mr. Speaker, Israel has taken re- b 2300 dress the issues. markable risks over the last few I am simply saying that the Repub- months to advance the peace process. RECESS lican leadership should listen to their By the end of this summer, Israel has The SPEAKER pro tempore (Mr. constituents. The polls reflect, I think, agreed to withdrawal its military and WESTMORELAND). Pursuant to clause what our constituents are telling us. I civilian presence from the Gaza Strip 12(a), of rule I, the House is in recess, think the American people really want and four settlements in the West Bank, subject to the call of the Chair. these abuses of power to stop. They do and this decision was made at great po- Accordingly (at 11 p.m.), the House not want to hear us talking about the litical, financial, and emotional risk stood in recess, subject to the call of filibuster and about the ethics process; for the Israeli people. the Chair. not that those are not important, they In his speech today in Washington at f are, in terms of the procedures and how the annual meeting of the American b 0010 we proceed. But, in each of these cases, Israeli Public Affairs Committee, the Republicans wanted to change the AIPAC, Israeli Prime Minister Ariel AFTER RECESS procedure here so that they could get Sharon said that he is willing to work The recess having expired, the House their own way, and instead of concen- with Abbas to ensure a secure transi- was called to order by the Speaker pro trating on those procedural issues and tion in Gaza. Cooperation on this level tempore (Mr. PUTNAM) at 12 o’clock trying to change the rules, they should is an unprecedented step. It is critical and 10 minutes a.m.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00169 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11084 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 REPORT ON RESOLUTION PRO- The motion was agreed to; accord- ter(s) of Offer and Acceptance to Israel for VIDING FOR CONSIDERATION OF ingly (at 12 o’clock and 11 minutes defense articles and services; to the Com- H.R. 1815, NATIONAL DEFENSE a.m.), the House adjourned until today, mittee on International Relations. AUTHORIZATION ACT FOR FIS- Wednesday, May 25, 2005, at 10 a.m. 2114. A letter from the Secretary, Depart- ment of the Treasury, transmitting as re- CAL YEAR 2006 f quired by section 401(c) of the National Mr. COLE of Oklahoma, from the EXECUTIVE COMMUNICATIONS, Emergencies Act, 50 U.S.C. 1641(c), and sec- Committee on Rules, submitted a priv- ETC. tion 204(c) of the International Emergency ileged report (Rept. No. 109–96) on the Economic Powers Act, 50 U.S.C. 1703(c), and Under clause 8 of rule XII, executive resolution (H. Res. 293) providing for pursuant to Executive Order 13313 of July 31, communications were taken from the 2003, a six-month periodic report on the na- consideration of the bill (H.R. 1815) to Speaker’s table and referred as follows: tional emergency with respect to the Devel- authorize appropriations for fiscal year opment Fund for Iraq that was declared in 2006 for military activities of the De- 2106. A letter from the Acting Under Sec- retary for Acquisition, Technology and Lo- Executive Order 13303 of May 22, 2003, as ex- partment of Defense, to prescribe mili- gistics, Department of Defense, transmitting panded in scope in Executive Order 13315 of tary personnel strengths for fiscal year a report presenting the specific amounts of August 28, 2003; to the Committee on Inter- 2006, and for other purposes, which was staff-years of technical effort to be allocated national Relations. referred to the House Calendar and or- for each defense Federally Funded Research 2115. A letter from the Acting Assistant dered to be printed. and Development Center (FFRDC) during FY Secretary for Legislative Affairs, Depart- 2006, pursuant to Public Law 108–287, section ment of State, transmitting a Memorandum f 8028(e); to the Committee on Armed Services. of Justification for a drawdown to support SPECIAL ORDERS GRANTED 2107. A letter from the Principal Deputy the Transitional Islamic State of Afghani- Under Secretary for Personnel and Readi- stan, pursuant to Section 202 and other rel- By unanimous consent, permission to ness, Department of Defense, transmitting a evant provisions of the Afghanistan Freedom address the House, following the legis- report to Congress on the use of Aviation Ca- Support Act (Pub. L. 107–327, as amended) lative program and any special orders reer Incentive Pay (ACIP) and Aviation Con- and Sections 506 and 652 of the Foreign As- heretofore entered, was granted to: tinuation Pay (ACP), pursuant to 37 U.S.C. sistance Act of 1961, as amended; to the Com- (The following Members (at the re- 301a(a) 37 U.S.C. 301b(i); to the Committee on mittee on International Relations. 2116. A letter from the Acting Assistant quest of Mr. PALLONE) to revise and ex- Armed Services. 2108. A letter from the Acting Under Sec- Secretary for Legislative Affairs, Depart- tend their remarks and include extra- ment of State, transmitting the Depart- neous material:) retary for Acquisition, Technology and Lo- gistics, Department of Defense, transmitting ment’s final rule — Aliens Inadmissable Mr. DEFAZIO, for 5 minutes, today. the annual report on operations of the Na- Under the Immigration and Nationality Act Mr. JACKSON of Illinois, for 5 min- tional Defense Stockpile (NDS), detailing — Unlawful Voters (RIN: 1400-AC04) received utes, today. NDS operations during FY 2004 and providing April 26, 2005, pursuant to 5 U.S.C. Mr. BROWN of Ohio, for 5 minutes, information with regard to the acquisition, 801(a)(1)(A); to the Committee on Inter- today. upgrade, and disposition of NDS materials, national Relations. 2117. A letter from the Chairman, Parole Ms. WOOLSEY, for 5 minutes, today. as well as the financial status of the NDS Commission, Department of Justice, trans- Mr. EMANUEL, for 5 minutes, today. Transaction Fund for FY 2004, pursuant to 50 U.S.C. 98h–2; to the Committee on Armed mitting a copy of the annual report in com- Mr. FILNER, for 5 minutes, today. Services. pliance with the Government in the Sun- Ms. JACKSON-LEE of Texas, for 5 min- 2109. A letter from the Acting Assistant shine Act for the calendar year 2004, pursu- utes, today. Secretary for Legislative Affairs, Depart- ant to 5 U.S.C. 552b(j); to the Committee on Ms. LEE, for 5 minutes, today. ment of Defense, transmitting a report pur- Government Reform. Mr. CLEAVER, for 5 minutes, today. suant to Section 9010 of the Department of 2118. A letter from the Chairman, Federal Mr. DAVIS of Illinois, for 5 minutes, Defense Appropriations Act, 2005 (Pub. L. Mine Safety and Health Review Commission, today. 108–287); to the Committee on Armed Serv- transmitting a report on activity for FY ices. 2004, pursuant to Public Law 107–174, section Mr. LARSON of Connecticut, for 5 2110. A letter from the Acting Assistant 203; to the Committee on Government Re- minutes, today. Secretary for Legislative Affairs, Depart- form. (The following Members (at the re- ment of State, transmitting the final report 2119. A letter from the Associate Special quest of Mr. DUNCAN) to revise and ex- on the Department’s Alternative Fuel Vehi- Counsel for Legal Counsel and Policy, Office tend their remarks and include extra- cle (AFV) program for FY 2004, pursuant to of the Special Counsel, transmitting the Of- neous material:) Public Law 105–388 42 U.S.C. 13211–13219; to fice’s FY 2004 Annual Report pursuant to Mr. FRANKS of Arizona, for 5 minutes, the Committee on Energy and Commerce. Section 203, Title II of the No Fear Act, Pub. May 25. 2111. A letter from the Acting Assistant L. 107–174; to the Committee on Government Secretary for Legislative Affairs, Depart- Reform. Mr. DUNCAN, for 5 minutes, today. ment of State, transmitting certification of 2120. A letter from the Secretary, Judicial Mr. GIBBONS, for 5 minutes, May 25. a proposed license for the export of defense Conference of the United States, transmit- (The following Member (at his own re- articles or defense services sold under a con- ting a draft bill, ‘‘To amend title 28, United quest) to revise and extend his remarks tract to New Zealand, Israel, and Canada States Code, to clarify the jurisdiction of the and include extraneous material:) (Transmittal No. DDTC 002-05), pursuant to Federal courts, and for other purposes’’; to Mr. TAYLOR of Mississippi, for 5 min- 22 U.S.C. 2776(c); to the Committee on Inter- the Committee on the Judiciary. utes, today. national Relations. 2121. A letter from the Under Secretary for 2112. A letter from the Deputy Director, Emergency Preparedness and Response, De- f Defense Security Cooperation Agency, trans- partment of Homeland Security, transmit- SENATE BILL REFERRED mitting pursuant to Section 23(g) of the ting notification that funding under Title V, Arms Export Control Act (AECA), notifica- subsection 503(b)(3) of the Robert T. Stafford A bill of the Senate of the following tion concerning the request for the Disaster Relief and Emergency Assistance title was taken from the Speaker’s Goverment of Israel to cash flow finance a Act, as amended, may exceed $5 million for table and, under the rule, referred as Direct Commercial Contract (DCC) for the the response to the emergency declared as a follows: procurement of Engineering, Development result of the record snow on December 22-24, 2004, in the State of Ohio, pursuant to 42 S. 188. An act to amend the Immigration and Production of Hardware Components for U.S.C. 5193; to the Committee on Transpor- and Nationality Act to authorize appropria- a Digital Army Program (DAP) for the tation and Infrastructure. tions for fiscal years 2005 through 2011 to Israeli Defense Force (IDF) Command Con- 2122. A letter from the Program Analyst, carry out the State Criminal Alien Assist- trol Division Headquarters; to the Com- FAA, Department of Transportation, trans- ance Program; to the Committee on the Ju- mittee on International Relations. 2113. A letter from the Director, Defense mitting the Department’s final rule — diciary. Security Cooperation Agency, transmitting Standard Instrument Approach Procedures; f pursuant to the reporting requirements of Miscellaneous Amendments [Docket No. ADJOURNMENT Section 36(b)(1) of the Arms Export Control 30439; Amdt. No. 3117] received April 26, 2005, Act, as amended, a correction to Transmittal pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. COLE of Oklahoma. Mr. Speaker, No. 05-10 of 26 April 2005, concerning the De- mittee on Transportation and Infrastruc- I move that the House do now adjourn. partment of the Air Force’s proposed Let- ture.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00170 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11085 2123. A letter from the Program Analyst, mitting the Department’s final rule — Air- ant to 5 U.S.C. 801(a)(1)(A); to the Committee FAA, Department of Transportation, trans- worthiness Directives; British Aerospace on Transportation and Infrastructure. mitting the Department’s final rule — Model BAe 146 and Model Avro 146-RJ Series 2140. A letter from the Program Analyst, Standard Instrument Approach Procedures; Airplanes [Docket No. FAA-2004-19757; Direc- FAA, Department of Transportation, trans- Miscellaneous Amendments [Docket No. torate Identifier 2001-NM-273-AD; Amend- mitting the Department’s final rule — Modi- 30440; Amdt. 3118] received April 26, 2005, pur- ment 39-14024; AD 2005-06-04] (RIN: 2120-AA64) fication of Class E Airspace; Parsons, KS. suant to 5 U.S.C. 801(a)(1)(A); to the Com- received April 26, 2005, pursuant to 5 U.S.C. [Docket No. FAA-2005-20573; Airspace Docket mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- No. 05-ACE-10] received April 26, 2005, pursu- ture. tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2124. A letter from the Program Analyst, 2132. A letter from the Program Analyst, on Transportation and Infrastructure. FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- 2141. A letter from the Secretary, Depart- mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- ment of Veterans Affairs, transmitting a let- worthiness Directives; Rolls-Royce (1971) worthiness Directives; Boeing Model 767-200, ter reporting the FY 2004 expenditures from Limited, Bristol Engine Division Model -300, -300F Series Airplanes [Docket No. the Pershing Hall Revolving Fund for Viper Mk.601-22 Turbojet Engines [Docket FAA-2004-19493; Directorate Identifier 2004- projects, activities, and facilities that sup- No. FAA-2004-18024; Directorate Identifier NM-69-AD; Amendment 39-14018; AD 2005-06- port the mission of the Department of Vet- 2003-NE-39-AD; Amendment 39-14034; AD 2005- 10] (RIN: 2120-AA64) received April 26, 2005, erans Affairs, pursuant to Public Law 102–86, 07-10] received April 26, 2005, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- section 403(d)(6)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- Veterans’ Affairs. Transportation and Infrastructure. ture. 2142. A letter from the Secretary, Depart- 2125. A letter from the Program Analyst, 2133. A letter from the Program Analyst, ment of Veterans Affairs, transmitting a FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- draft bill, ‘‘To amend title 38 United States mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- Code, to improve veterans’ health care bene- worthiness Directives; Boeing Model 757-200 worthiness Directives; Boeing Model 747-100, fits and for other purposes’’; to the Com- and -200PF Series Airplanes [Docket No. 747-100B, 747-100B SUD, 747-200B, 747-300, mittee on Veterans’ Affairs. FAA-2004-18876; Directorate Identifier 2003- 747SP, and 747SR Series Airplanes [Docket f NM-254-AD; Amendment 39-14032; AD 2005-07- No. FAA-2004-19535; Directorate Identifier 08] (RIN: 2120-AA64) received April 26, 2005, 2004-NM-78-AD; Amendment 39-14020; AD pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- REPORTS OF COMMITTEES ON 2005-06-12] (RIN: 2120-AA64) received April 26, PUBLIC BILLS AND RESOLUTIONS mittee on Transportation and Infrastruc- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the ture. Committee on Transportation and Infra- Under clause 2 of rule XIII, reports of 2126. A letter from the Program Analyst, structure. committees were delivered to the Clerk FAA, Department of Transportation, trans- 2134. A letter from the Program Analyst, mitting the Department’s final rule — for printing and reference to the proper FAA, Department of Transportation, trans- Standard Instrument Approach Procedures; calendar, as follows: mitting the Department’s final rule — Air- Miscellaneous Amendments [Docket No. [Filed on May 25 (Legislative day, May 24), worthiness Directives; General Electric Com- 30438; Amdt. No. 3116] received April 26, 2005, 2005] pany CF6-45A, CF6-50A, CF6-50C, and CF-50E pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Series Turbofan Engines [Docket No. FAA- Mr. COLE: Committee on Rules. House mittee on Transportation and Infrastruc- 2004-19463; Directorate Identifier 2004-NE-14- Resolution 293. Resolution providing for con- ture. sideration of the bill (H.R. 1815) to authorize 2127. A letter from the Program Analyst, AD; Amendment 39-14029; AD 2005-07-05] (RIN: 2120-AA64) received April 26, 2005, pursuant appropriations for fiscal year 2006 for mili- FAA, Department of Transportation, trans- tary activities of the Department of Defense, mitting the Department’s final rule — Air- to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. to prescribe military personnel strengths for worthiness Directives; Boeing Model 747-200F fiscal year 2006, and for other purposes. and -200C Series Airplanes [Docket No. 2001- 2135. A letter from the Program Analyst, FAA, Department of Transportation, trans- (Rept. 109–96). Referred to the House Cal- NM-181-AD; Amendment 39-14046; AD 2005-07- endar. 21] (RIN: 2120-AA64) received April 29, 2005, mitting the Department’s final rule — Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; Fairchild Aircraft, f mittee on Transportation and Infrastruc- Inc. SA226 and SA227 Series Airplanes [Dock- ture. et No. 99-CE-12-AD; Amendment 39-14023; AD PUBLIC BILLS AND RESOLUTIONS 2128. A letter from the Program Analyst, 2005-06-13] (RIN: 2120-AA64) received April 26, Under clause 2 of rule XII, public FAA, Department of Transportation, trans- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- bills and resolutions were introduced mitting the Department’s final rule — Air- and severally referred, as follows: worthiness Directives; Airbus Model A330, structure. A340-200, and A340-300 Series Airplanes 2136. A letter from the Program Analyst, By Mr. JACKSON of Illinois: [Docket No. FAA-2005-20025; Directorate FAA, Department of Transportation, trans- H.R. 2560. A bill to amend title XVIII of the Identifier 2004-NM-208-AD; Amendment 39- mitting the Department’s final rule — Modi- Social Security Act to require, as a condi- 14016; AD 2005-06-08] (RIN: 2120-AA64) received fication of Class E Airspace; Rolla, MO. tion of participation in the Medicare Pro- April 26, 2005, pursuant to 5 U.S.C. [Docket No. FAA-2005-20060; Airspace Docket gram, that hospitals make reasonable efforts 801(a)(1)(A); to the Committee on Transpor- No. 05-ACE-2] received April 26, 2005, pursu- to contact a family member, specified tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee healthcare agent, or surrogate decision- 2129. A letter from the Program Analyst, on Transportation and Infrastructure. maker of a patient who arrives at a hospital FAA, Department of Transportation, trans- 2137. A letter from the Program Analyst, emergency department unconscious or other- mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- wise physically incapable of communicating worthiness Directives; Airbus Model A330, mitting the Department’s final rule — Estab- with the attending health care practitioners A340-200, and A340-300 Series Airplanes lishment of Class E2 Airspace; and Modifica- of the hospital, and for other purposes; to the [Docket No. 2001-NM-234-AD; Amendment 39- tion of Class E5 Airspace; Newton, KS [Dock- Committee on Energy and Commerce, and in 14028; AD 2005-07-04] (RIN: 2120-AA64) received et No. FAA-2004-19579; Airspace Docket No. addition to the Committee on Ways and April 26, 2005, pursuant to 5 U.S.C. 04-ACE-69] received April 26, 2005, pursuant Means, for a period to be subsequently deter- 801(a)(1)(A); to the Committee on Transpor- to 5 U.S.C. 801(a)(1)(A); to the Committee on mined by the Speaker, in each case for con- tation and Infrastructure. Transportation and Infrastructure. sideration of such provisions as fall within 2130. A letter from the Program Analyst, 2138. A letter from the Program Analyst, the jurisdiction of the committee concerned. FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- By Mr. NORWOOD (for himself and Mr. mitting the Department’s final rule — Air- mitting the Department’s final rule — Rev- ANDREWS): worthiness Directives; General Electric Com- ocation of Class E Airspace; Palmer, MA H.R. 2561. A bill to amend the Federal Em- pany (GE) CF6-80A1/A3 and CF6-80C2A Series [Docket No. FAA-2005-20584; Airspace Docket ployees’ Compensation Act to cover services Turbofan Engines, Installed on Airbus No. 05-AEA-05] received April 26, 2005, pursu- provided to injured Federal workers by phy- Industrie A300-600 and A310 Series Airplanes ant to 5 U.S.C. 801(a)(1)(A); to the Committee sician assistants and nurse practitioners, [Docket No. 99-NE-41-AD; Amendment 39- on Transportation and Infrastructure. and for other purposes; to the Committee on 14015; AD 2005-06-07] (RIN: 2120-AA64) received 2139. A letter from the Program Analyst, Education and the Workforce. April 26, 2005, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- By Mr. BROWN of Ohio: 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Modi- H.R. 2562. A bill to amend the Federal tation and Infrastructure. fication of Class E Airspace; Nevada, MO. Food, Drug, and Cosmetic Act to preserve 2131. A letter from the Program Analyst, [Docket No. FAA-200520062; Airspace Docket the effectiveness of medically important FAA, Department of Transportation, trans- No. 05-ACE-4] received April 26, 2005, pursu- antibiotics used in the treatment of human

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00171 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11086 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 May 24, 2005 and animal diseases; to the Committee on Director of the National Institute for Occu- tetramethyl-4-piperidinyl); to the Com- Energy and Commerce. pational Safety and Health, and the Sec- mittee on Ways and Means. By Mr. OTTER: retary of Health and Human Services to im- By Mr. BONNER: H.R. 2563. A bill to authorize the Secretary prove indoor air quality in schools and other H.R. 2584. A bill to suspend temporarily the of the Interior to conduct feasibility studies buildings; to the Committee on Energy and duty on Benzoxazole, 2,2′-(2,5- to address certain water shortages within Commerce, and in addition to the Committee thiophenediyl)bis(5-(1,1-dimethylethyl)-; to the Snake, Boise, and Payette River systems on Education and the Workforce, for a period the Committee on Ways and Means. in Idaho, and for other purposes; to the Com- to be subsequently determined by the Speak- By Mr. BONNER: mittee on Resources. er, in each case for consideration of such pro- H.R. 2585. A bill to extend the suspension of By Mr. ENGLISH of Pennsylvania (for visions as fall within the jurisdiction of the duty on 2methyl-4,6- himself and Mr. FORD): committee concerned. bis[(octylthio)methyl]phenol; to the Com- H.R. 2564. A bill to amend the Internal Rev- By Mr. ANDREWS: mittee on Ways and Means. enue Code of 1986 to make permanent the H.R. 2572. A bill to amend title 38, United By Mr. BONNER: qualified tuition deduction at the 2005 levels; States Code, to require that employers of H.R. 2586. A bill to extend the suspension of to the Committee on Ways and Means. members of the National Guard and Reserve duty on 4-[[4,6-bis(octylthio)-1,3,5-traizine-2- By Mr. TOM DAVIS of Virginia (for who are called to active duty continue to yl]amino]-2,6-bis(1 1-dimethylethyl)phenol; himself, Mr. WAXMAN, Mr. SOUDER, offer health care coverage for dependents of to the Committee on Ways and Means. Mr. CUMMINGS, Mr. SHAYS, Mr. such members, and for other purposes; to the By Mr. CUNNINGHAM: H.R. 2587. A bill to make amendments to OWENS, Mr. MCHUGH, Mrs. MALONEY, Committee on Veterans’ Affairs, and in addi- the Reclamation Projects Authorization and Mr. PLATTS, Mr. DAVIS of Illinois, Mr. tion to the Committee on Armed Services, Adjustment Act of 1992; to the Committee on DUNCAN, Mr. CLAY, Mr. ISSA, Mr. for a period to be subsequently determined Resources. LYNCH, Mr. DENT, Ms. LINDA T. by the Speaker, in each case for consider- By Mrs. JO ANN DAVIS of Virginia SA´ NCHEZ of California, Ms. FOXX, and ation of such provisions as fall within the ju- (for herself, Mr. SCOTT of Virginia, Ms. NORTON): risdiction of the committee concerned. H.R. 2565. A bill to reauthorize the Office of By Mr. BARRETT of South Carolina: Mr. GILCHREST, Mr. CARDIN, Mr. National Drug Control Policy Act and to es- H.R. 2573. A bill to suspend temporarily the PLATTS, Mr. VAN HOLLEN, Mr. MORAN tablish minimum drug testing standards for duty on cuprammonium rayon yarn; to the of Virginia, Mr. GOODE, Mr. HOLDEN, major professional sports leagues; to the Committee on Ways and Means. Mr. TOM DAVIS of Virginia, Mr. Committee on Government Reform, and in By Mr. BARTLETT of Maryland (for HOYER, Mr. RUPPERSBERGER, Mr. WOLF, and Mr. FORBES): addition to the Committees on Energy and himself, Mr. GINGREY, Mr. NORWOOD, H.R. 2588. A bill to direct the Secretary of Commerce, and Education and the Work- Mr. OSBORNE, Mr. CULBERSON, Mr. the Interior to carry out a study of the feasi- force, for a period to be subsequently deter- ENGLISH of Pennsylvania, Mr. ROHR- bility of designating the Captain John Smith mined by the Speaker, in each case for con- ABACHER, Mr. PRICE of Georgia, and Chesapeake National Historic Watertrail as sideration of such provisions as fall within Mr. CANNON): a national historic trail; to the Committee the jurisdiction of the committee concerned. H.R. 2574. A bill to amend the Public on Resources. By Mr. YOUNG of Alaska (for himself, Health Service Act to provide for a program By Mr. FRANK of Massachusetts: Mr. OBERSTAR, Mr. PETRI, and Mr. at the National Institutes of Health to con- H.R. 2589. A bill to extend the temporary DEFAZIO): duct and support research on animals to de- suspension of duty on certain filament H.R. 2566. A bill to provide an extension of velop techniques for the derivation of stem yarns; to the Committee on Ways and Means. highway, highway safety, motor carrier safe- cells from embryos that do not harm the em- By Mr. FRANK of Massachusetts: ty, transit, and other programs funded out of bryos, and for other purposes; to the Com- H.R. 2590. A bill to extend the temporary the Highway Trust Fund pending enactment mittee on Energy and Commerce. suspension of duty on certain filament of a law reauthorizing the Transportation By Mr. BONNER: yarns; to the Committee on Ways and Means. Equity Act for the 21st Century; to the Com- H.R. 2575. A bill to extend the suspension of By Mr. FRANK of Massachusetts: mittee on Transportation and Infrastruc- duty on Methyl thioglycolate (MTG); to the H.R. 2591. A bill to suspend temporarily the ture, and in addition to the Committees on Committee on Ways and Means. duty on certain yarn (other than sewing Ways and Means, Science, and Resources, for By Mr. BONNER: thread) of synthetic staple fibers, not put up a period to be subsequently determined by H.R. 2576. A bill to extend the suspension of for retail sale; to the Committee on Ways the Speaker, in each case for consideration duty on Ethyl pyruvate; to the Committee and Means. of such provisions as fall within the jurisdic- on Ways and Means. By Mr. HASTINGS of Florida (for him- tion of the committee concerned. By Mr. BONNER: self, Mr. SERRANO, Mr. LYNCH, Mr. By Mr. ACKERMAN (for himself, Mr. H.R. 2577. A bill to suspend temporarily the CONYERS, Mr. RANGEL, Mr. WEXLER, ROHRABACHER, Mrs. WILSON of New duty on Indoxacarb; to the Committee on Ms. CORRINE BROWN of Florida, Mr. Mexico, Mr. UPTON, Mrs. BONO, and Ways and Means. DELAHUNT, and Ms. MOORE of Wis- Mr. TANNER): By Mr. BONNER: consin): H.R. 2567. A bill to amend the Federal Haz- H.R. 2578. A bill to suspend temporarily the H.R. 2592. A bill to designate Haiti under ardous Substances Act to require engine duty on Dimethyl carbonate; to the Com- section 244 of the Immigration and Nation- coolant and antifreeze to contain a bittering mittee on Ways and Means. ality Act in order to render nationals of agent so as to render it unpalatable; to the By Mr. BONNER: Haiti eligible for temporary protected status Committee on Energy and Commerce. H.R. 2579. A bill to suspend temporarily the under such section; to the Committee on the By Mr. ANDREWS: duty on 5-Chloro-1-indanone (EK179); to the Judiciary. H.R. 2568. A bill to amend title 10, United Committee on Ways and Means. By Mr. HYDE: States Code, to provide for the award of a By Mr. BONNER: H.R. 2593. A bill to encourage more vig- military service medal to members of the H.R. 2580. A bill to extend the suspension of orous investigation and prosecution, under Armed Forces who served honorably during duty on Methyl-4-trifluoromethoxyphenyl-N- section 2339B of title 18, United States Code, the Cold War era; to the Committee on (chlorocarbonyl) carbamate (DPX-KL540); to of drug crimes committed to provide mate- Armed Services. the Committee on Ways and Means. rial support to terrorist organizations; to the By Mr. ANDREWS: By Mr. BONNER: Committee on the Judiciary. H.R. 2569. A bill to amend the account- H.R. 2581. A bill to suspend temporarily the By Mr. LEWIS of Kentucky (for him- ability provisions of the Elementary and duty on the formulated product containing self, Mr. TANNER, Mrs. BLACKBURN, Secondary Education Act of 1965, and for mixtures of the active ingredients 5-methyl- Mr. COOPER, Mr. JENKINS, Mr. other purposes; to the Committee on Edu- 5-(4-phenoxyphenyl)-3-(phenylamino)-2,4- MCCRERY, Mr. GORDON, Mr. FORD, Mr. cation and the Workforce. oxazolidiedione) (famoxadone) and 2-cyano- FOLEY, Mr. DOGGETT, Mr. ENGLISH of By Mr. ANDREWS: N-[(ethylamino)carbonyl]-2- Pennsylvania, Mr. ROGERS of Ken- H.R. 2570. A bill to amend the Federal De- (methoxyimino)acetamide (cymoxanil) and tucky, Mr. HAYWORTH, Mr. CARDIN, posit Insurance Corporation Improvement application adjuvants; to the Committee on Mr. DAVIS of Kentucky, Mr. DAVIS of Act of 1991 to provide for the collection of Ways and Means. Tennessee, Mr. WHITFIELD, Mr. HALL, data on the availability of credit for women- By Mr. BONNER: Mr. TAYLOR of Mississippi, Mr. owned business; to the Committee on Finan- H.R. 2582. A bill to suspend temporarily the ENGEL, Mr. COBLE, Mr. BRADY of cial Services. duty on ortho nitro aniline; to the Com- Texas, Mrs. BONO, Mr. CONYERS, Mr. By Mr. ANDREWS: mittee on Ways and Means. FRANKS of Arizona, Mr. HOYER, Mr. H.R. 2571. A bill to require the establish- By Mr. BONNER: BROWN of South Carolina, Mr. GOODE, ment of programs by the Administrator of H.R. 2583. A bill to suspend temporarily the Mr. KUCINICH, Mr. CRAMER, Mr. CHAN- the Environmental Protection Agency, the duty on Decanedioic acid, Bis(2,2,6,6,- DLER, and Mr. HERGER):

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00172 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 8 11087 H.R. 2594. A bill to amend the Internal Rev- By Mr. TERRY: the Committee on Energy and Commerce, for enue Code of 1986 to provide capital gains tax H.R. 2609. A bill to suspend temporarily the a period to be subsequently determined by treatment for certain self-created musical duty on Cloquintocet Technical; to the Com- the Speaker, in each case for consideration works; to the Committee on Ways and mittee on Ways and Means. of such provisions as fall within the jurisdic- Means. By Mr. TERRY: tion of the committee concerned. By Ms. NORTON: H.R. 2610. A bill to suspend temporarily the By Mr. SALAZAR (for himself and Mr. H.R. 2595. A bill to authorize the Adminis- duty on Mefenoxam Technical; to the Com- ROGERS of Michigan): trator of General Services and the Secretary mittee on Ways and Means. H. Res. 297. A resolution supporting the of the Interior to convey certain Federal By Mr. TERRY: goals and ideals of a National Medal of property to the District of Columbia to in- H.R. 2611. A bill to suspend temporarily the Honor Day to celebrate and honor the recipi- crease the District’s taxable property base as duty on Cyproconazole Technical; to the ents of the Medal of Honor on the anniver- compensation for a structural fiscal imbal- Committee on Ways and Means. sary of the inception of that medal in 1863; to ance caused by Federal mandates; to the By Mr. TERRY: the Committee on Armed Services. Committee on Government Reform, and in H.R. 2612. A bill to suspend temporarily the f addition to the Committee on Resources, for duty on Pinoxaden Technical; to the Com- a period to be subsequently determined by mittee on Ways and Means. MEMORIALS the Speaker, in each case for consideration By Mr. TERRY: of such provisions as fall within the jurisdic- H.R. 2613. A bill to suspend temporarily the Under clause 3 of rule XII, memorials tion of the committee concerned. duty on Formulations of Tralkoxydim; to were presented and referred as follows: By Mr. REICHERT: the Committee on Ways and Means. 28. The SPEAKER presented a memorial of H.R. 2596. A bill to suspend temporarily the By Mr. TERRY: the Senate of the State of Hawaii, relative to duty on modified steel leaf spring leaves; to H.R. 2614. A bill to suspend temporarily the Senate Resolution No. 51, S.D. 1, memori- the Committee on Ways and Means. duty on Propiconazole Technical - Bulk; to alizing the Hawaiian Congressional Delega- By Mr. REICHERT: the Committee on Ways and Means. tion to work towards National Park status H.R. 2597. A bill to suspend temporarily the By Mr. TERRY: for the Kawainui Marsh Complex; to the duty on suspension system stabilizer bars; to H.R. 2615. A bill to suspend temporarily the Committee on Resources. the Committee on Ways and Means. duty on Permethrin Technical; to the Com- 29. Also, a memorial of the Legislature of By Mr. REICHERT: H.R. 2598. A bill to suspend temporarily the mittee on Ways and Means. the State of Michigan, relative to House duty on steel leaf spring leaves; to the Com- By Mr. WU (for himself, Ms. LEE, Ms. Concurrent Resolution No. 4 memorializing mittee on Ways and Means. BORDALLO, Mr. MCGOVERN, Mr. SCOTT the Congress of the United States to enact By Mr. ROHRABACHER: of Virginia, Mrs. JONES of Ohio, Mr. Highway Reauthorization legislation with a H.R. 2599. A bill to improve the quality, VAN HOLLEN, Ms. MILLENDER-MCDON- level of funding that closes the gap between availability, diversity, personal privacy, and ALD, Mr. HINOJOSA, Mr. MCDERMOTT, federal fuel tax dollars paid by Michigan mo- innovation of health care in the United Mr. SCHIFF, Ms. WATSON, Mr. LANTOS, torists and dollars received to address Michi- States; to the Committee on Ways and Mr. CASE, Mr. CROWLEY, Ms. SCHA- gan’s transportation needs; to the Com- Means, and in addition to the Committees on KOWSKY, Mr. HONDA, Mr. AL GREEN of mittee on Transportation and Infrastruc- Energy and Commerce, and the Judiciary, Texas, Ms. MCCOLLUM of Minnesota, ture. for a period to be subsequently determined Mr. BLUMENAUER, Mr. KENNEDY of f by the Speaker, in each case for consider- Rhode Island, Ms. ZOE LOFGREN of ation of such provisions as fall within the ju- California, Mr. HINCHEY, Mr. ADDITIONAL SPONSORS risdiction of the committee concerned. FALEOMAVAEGA, and Mr. ABER- Under clause 7 of rule XII, sponsors By Mr. SHAW: CROMBIE): H.R. 2600. A bill to amend the Federal H.R. 2616. A bill to amend the Higher Edu- were added to public bills and resolu- Food, Drug, and Cosmetic Act with respect cation Act of 1965 to authorize grants for in- tions as follows: to the sale or trade of prescription drugs stitutions of higher education serving Asian H.R. 22: Mr. ABERCROMBIE. that were knowingly caused to be adulter- Americans and Pacific Islanders; to the Com- H.R. 63: Mr. LYNCH and Mr. CLYBURN. ated or misbranded, and for other purposes; mittee on Education and the Workforce. H.R. 65: Mr. HALL and Mrs. CUBIN. to the Committee on Energy and Commerce. By Mr. ANDREWS: H.R. 94: Mr. RYAN of Ohio and Mr. BISHOP By Mr. SMITH of New Jersey (for him- H. Con. Res. 165. Concurrent resolution of Georgia. self and Mr. PAYNE): calling for the immediate release of all polit- H.R. 111: Mr. THOMPSON of Mississippi, Mr. H.R. 2601. A bill to authorize appropria- ical prisoners in Cuba, including Mr. Jose SCHWARZ of Michigan, Mr. FATTAH, and Mr. tions for the Department of State for fiscal Daniel Ferrer Garcia, and for other purposes; SHAW. years 2006 and 2007, and for other purposes; to to the Committee on International Rela- H.R. 127: Mr. DELAHUNT. the Committee on International Relations. tions. H.R. 128: Mr. MORAN of Virginia, Ms. By Mr. TERRY: By Mr. ISRAEL: HOOLEY, and Mrs. NAPOLITANO. H.R. 2602. A bill to reduce temporarily the H. Con. Res. 166. Concurrent resolution ex- H.R. 181: Mr. ROHRABACHER. duty on Formulations of Azoxystrobin; to pressing the sense of the Congress that the H.R. 195: Mr. GARRETT of New Jersey, Mr. the Committee on Ways and Means. Federal Government should not infringe on PAUL, and Mr. WILSON of South Carolina. By Mr. TERRY: State or private programs that fund embry- H.R. 215: Mr. CONAWAY. H.R. 2603. A bill to reduce temporarily the onic stem cell research; to the Committee on H.R. 282: Ms. WOOLSEY, Mr. HONDA, Mr. duty on Cypermethrin Technical; to the Energy and Commerce. MOORE of Kansas, Mr. STRICKLAND, Mr. KEN- Committee on Ways and Means. By Mr. BOUSTANY: NEDY of Rhode Island, Mr. CARNAHAN, Mr. By Mr. TERRY: H. Res. 294. A resolution supporting the CUMMINGS, Mr. MARCHANT, Mr. MILLER of H.R. 2604. A bill to reduce temporarily the goals of ‘‘A Day of Commemoration of the Florida, Mrs. CUBIN, Mr. RYUN of Kansas, Mr. duty on Formulations of Pinoxaden/ GOHMERT, Mr. NEAL of Massachusetts, and Cloquintocet-Mexyl; to the Committee on Great Upheaval’’, and for other purposes; to Ways and Means. the Committee on Government Reform. Mr. GRAVES. By Mr. TERRY: By Mrs. JONES of Ohio (for herself and H.R. 328: Ms. WASSERMAN SCHULTZ, Mr. H.R. 2605. A bill to suspend temporarily the Mr. WELDON of Pennsylvania): SHADEGG, and Mr. MORAN of Virginia. duty on Formulations of Difenoconazole/ H. Res. 295. A resolution expressing the H.R. 333: Ms. HOOLEY. Mefenoxam; to the Committee on Ways and sense of the House of Representatives sup- H.R. 371: Mr. MCCOTTER. Means. porting the establishment of September as H.R. 376: Ms. WOOLSEY, Mrs. LOWEY, Mr. By Mr. TERRY: Campus Fire Safety Month, and for other BOREN, and Mr. BISHOP of Georgia. H.R. 2606. A bill to suspend temporarily the purposes; to the Committee on Education H.R. 408: Ms. WOOLSEY and Mr. HAYWORTH. duty on Fludioxonil Technical; to the Com- and the Workforce. H.R. 420: Ms. GINNY BROWN-WAITE of Flor- ´ mittee on Ways and Means. By Ms. LINDA T. SANCHEZ of Cali- ida, Mr. ROGERS of Michigan, Mr. HEN- By Mr. TERRY: fornia (for herself and Mr. GREEN of SARLING, Mr. AKIN, Mr. STEARNS, and Mr. H.R. 2607. A bill to suspend temporarily the Wisconsin): INGLIS of South Carolina. duty on Formulations of Clodinafop-pro- H. Res. 296. A resolution recognizing the H.R. 528: Mr. ALEXANDER. pargyl; to the Committee on Ways and achievements and contributions of H.R. 554: Mr. SODREL. Means. ‘‘Teenangels’’ and WiredSafety/WiredKids H.R. 558: Mr. STRICKLAND. By Mr. TERRY: Executive Director Parry Aftab, in address- H.R. 583: Mr. SESSIONS and Mr. BISHOP of H.R. 2608. A bill to suspend temporarily the ing the growing problem of cyberbullying in Georgia. duty on Emamectin Benzoate Technical; to the United States; to the Committee on Edu- H.R. 602: Mr. MELANCON, Mr. BONILLA, and the Committee on Ways and Means. cation and the Workforce, and in addition to Ms. DELAURO.

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H.R. 615: Mr. KENNEDY of Rhode Island. H.R. 1443: Ms. GRANGER. H.R. 2401: Ms. SLAUGHTER. H.R. 700: Ms. WOOLSEY. H.R. 1469: Mr. ADERHOLT. H.R. 2423: Ms. ROS-LEHTINEN and Mr. ALEX- H.R. 712: Mr. MANZULLO and Mr. SWEENEY. H.R. 1480: Mr. GEORGE MILLER of Cali- ANDER. H.R. 713: Mr. SKELTON and Mr. RAMSTAD. fornia. H.R. 2427: Ms. MOORE of Wisconsin. H.R. 791: Ms. ROYBAL-ALLARD, Mr. LARSON H.R. 1498: Mr. HALL, Mr. WILSON of South H.R. 2455: Ms. MCKINNEY. of Connecticut, Mr. CARDIN, Mrs. NAPOLI- Carolina, and Mr. JONES of North Carolina. H.R. 2511: Mrs. WILSON of New Mexico. TANO, Ms. DELAURO, Ms. ZOE LOFGREN of H.R. 1505: Mr. ALEXANDER. H.R. 2533; Mr. MARKEY and Mr. LEACH. California, and Mr. KUCINICH. H.R. 1510: Mr. HINOJOSA and Mr. MCKEON. H.J. Res. 23: Mr. PORTER. H.R. 800: Mr. WELLER. H.R. 1558: Mr. ALEXANDER. H.J. Res. 46: Mr. GOODE. H.R. 808: Mr. ALLEN, Ms. BERKLEY, Mr. H.R. 1563: Mr. AKIN. H. Con. Res. 24: Mr. TIERNEY. BONILLA, Mr. BOOZMAN, Mr. BOREN, Mr. H.R. 1592: Mr. SCHWARZ of Michigan, Mr. H. Con. Res. 85: Mr. MOORE of Kansas. BROWN of Ohio, Mr. CARTER, Mr. DAVIS of GUTIERREZ, Mr. CALVERT, Mr. KENNEDY of H. Con. Res. 107: Mr. LEWIS of Georgia and Florida, Mr. HONDA, Mr. LANGEVIN, Mr. LAR- Minnesota, and Mr. LIPINSKI. Mr. CLYBURN. SEN of Washington, Ms. MCCOLLUM of Min- H.R. 1632: Mr. RYAN of Wisconsin. H. Con. Res. 141: Mr. COX. nesota, Ms. PELOSI, Mr. ROGERS of Kentucky, H.R. 1671: Mrs. EMERSON. H. Con. Res. 144: Mrs. MYRICK. Mr. SHIMKUS, Mr. TURNER, and Mr. WELLER. H.R. 1688: Mr. SABO. H. Con. Res. 148: Mr. COBLE, Mr. TAYLOR of H.R. 817: Mr. LANTOS, Mr. SAXTON, Mr. H.R. 1696: Ms. WASSERMAN SCHULTZ. North Carolina, Mr. MCHENRY, Mr. JONES of ACKERMAN, Ms. ZOE LOFGREN of California, H.R. 1704: Ms. EDDIE BERNICE JOHNSON of North Carolina, Mr. ETHERIDGE, and Mr. Mr. LOBIONDO, Mr. INGLIS of South Carolina, Texas, Ms. SCHAKOWSKY, Mr. THOMPSON of MCINTYRE. Mr. SHIMKUS, and Mr. KING of New York. Mississippi, Ms. CARSON, Mr. TOWNS, and Ms. H. Con. Res. 160: Mr. NADLER, Ms. NORTON, H.R. 818: Mr. HOLT and Mr. MORAN of Vir- MILLENDER-MCDONALD. and Mr. SCOTT of Virginia. ginia. H.R. 1707: Mr. MORAN of Virginia, Mr. H. Con. Res. 162: Mr. CONAWAY. H.R. 874: Mr. BISHOP of Utah. MEEKS of New York, Ms. CARSON, Ms. MCCOL- H. Res. 76: Mr. KENNEDY of Rhode Island. H.R. 885: Mr. SNYDER and Mr. EDWARDS. LUM of Minnesota, Ms. ESHOO, Mrs. DAVIS of H. Res. 199: Mr. WOLF, Mr. LANTOS, Mr. H.R. 893: Mrs. NAPOLITANO, Mr. LANTOS, California, Mrs. CAPPS, Mr. CLEAVER, and ROHRABACHER, Mr. TURNER, Mr. MCNULTY, Ms. WATSON, and Ms. MATSUI. Mr. MICHAUD. Mr. MORAN of Virginia, and Mr. MCGOVERN. H.R. 1736: Ms. HOOLEY. H.R. 898: Mr. WAXMAN, Mr. SNYDER, Mr. H. Res. 245: Mr. GRIJALVA. H.R. 1741: Mr. STUPAK. TAYLOR of Mississippi, Mr. INSLEE, Mr. LAN- H. Res. 279: Mr. DENT, Ms. DELAURO, Mrs. H.R. 1749: Mr. PAUL, Mr. PENCE, Mr. GEVIN, Mr. GERLACH, Ms. DEGETTE, Mr. MCCARTHY, and Mr. BISHOP of Georgia. SOUDER, and Mr. SCOTT of Georgia. ALLEN, Mr. ENGEL, Ms. HOOLEY, Mr. ROSS, H. Res. 288: Ms. WATERS. H.R. 1751: Mr. ALEXANDER and Mr. GALLE- Mr. COBLE, Mr. GUTIERREZ, Mrs. MCCARTHY, GLY. f Mr. DICKS, Mr. BACA, and Mr. HONDA. H.R. 1762: Mr. LEWIS of Kentucky and Mr. H.R. 916: Ms. HARRIS, Mr. PLATTS, Mr. PETITIONS, ETC. RAMSTAD. BAIRD, Mr. LEWIS of Georgia, and Mr. PICK- H.R. 1816: Mr. BISHOP of Utah. Under clause 3 of rule XII, ERING. H.R. 1849: Ms. ZOE LOFGREN of California, H.R. 923: Mr. KILDEE. The SPEAKER presented a petition of the Mr. ISRAEL, Ms. ROS-LEHTINEN, Mr. MOORE of H.R. 963: Mr. MCHUGH and Mr. FOLEY. Town Council, Davie, Florida, relative to Kansas, and Ms. LINDA T. SA´ NCHEZ, of Cali- H.R. 976: Mrs. NORTHUP and Mrs. KELLY. Resolution No. R–2005–81 petitioning the fornia. H.R. 983: Mr. HOLT. Congress of the United States to preserve the H.R. 1851: Mr. CONAWAY. H.R. 998: Mr. WYNN, Mr. WALDEN of Oregon, Community Development Block Grant H.R. 1879: Mr. HAYWORTH, and Mr. NUSSLE. Mr. BRADLEY of New Hampshire, Mr. DICKS, (CDBG) program within the Department of H.R. 1929: Mr. SOUDER. Mr. KUHL of New York, and Mr. GRIJALVA. Housing and Urban Development (HUD), and H.R. 1954: Mr. ALEXANDER. provide a FY 2006 funding level of at least H.R. 1002: Mr. ALLEN. H.R. 1956: Ms. HART, Mr. COLE of Okla- $4.7 billion overall, with no less than $4.35 H.R. 1020: Mr. STARK and Mr. RUPPERS- homa, and Mr. GARRETT of New Jersey. billion in formula funding for the CDBG pro- BERGER. H.R. 2012: Ms. WOOLSEY, Mrs. CAPPS, and gram; which was referred to the Committee H.R. 1049: Mr. LUCAS. Mr. FOLEY. on Financial Services. H.R. 1106: Mr. BARROW and Mr. CAPUANO. H.R. 2047: Mr. TAYLOR of Mississippi, Mr. H.R. 1107: Mr. CLEAVER. SIMPSON, and Mr. OTTER. f H.R. 1124: Mr. SULLIVAN. H.R. 2049: Mr. SOUDER, Mr. ALEXANDER, and AMENDMENTS H.R. 1140: Mr. PLATTS. Mr. FORBES. H.R. 1145: Mr. BOEHLERT, Mr. MURTHA, Mr. H.R. 2061: Mr. GILLMOR, Mr. PETERSON of Under clause 8 of rule XVIII, pro- PRICE of North Carolina, Mr. MCCAUL of Minnesota, Mr. PAUL, Mr. GOODE, Mr. BUR- posed amendments were submitted as Texas, Mr. KIND, Mr. VAN HOLLEN, and Mr. TON of Indiana, Mr. TERRY, Mr. OSBORNE, and follows: REYES. Mr. ALEXANDER. H.R. 1149: Mr. GREEN of Wisconsin. H.R. 2063: Mr. PAUL, Mr. INGLIS of South H.R. 1815 H.R. 1152: Mr. COX. Carolina, and Mr. KUHL of New York. OFFERED BY: MR. FILNER H.R. 1182: Mr. FORD, Mr. MEEK of Florida, H.R. 2071: Ms. ESHOO. AMENDMENT NO. 1. At the end of title VI Mr. SANDERS, Mr. MOORE of Kansas, and Mr. H.R. 2089: Mr. SESSIONS, Mr. CARTER, Mr. (page 279, after line 6), add the following new SCOTT of Georgia. ISSA, and Mr. TERRY. section: H.R. 1216: Mrs. MILLER of Michigan and Mr. H.R. 2108: Mr. HASTINGS of Florida. SEC. ll. REPORT ON SPACE-AVAILABLE TRAVEL PETRI. H.R. 2177: Mr. COX, Mr. KIND, and Mr. DOG- FOR CERTAIN DISABLED VETERANS. H.R. 1232: Mr. ISSA. GETT. Not later than one year after the date of H.R. 1235: Mr. ADERHOLT. H.R. 2183: Mr. LOBIONDO, Mr. PALLONE, and the enactment of this Act, the Secretary of H.R. 1259: Mr. CONYERS, Mr. FRANK of Mas- Mr. ANDREWS. Defense shall submit to Congress a report on sachusetts, Mr. LEVIN, Mr. BERMAN, Ms. H.R. 2210: Mr. BOREN. the feasibility of providing transportation on EDDIE BERNICE JOHNSON of Texas, Mr. SCOTT H.R. 2233: Mr. HASTINGS of Florida. Department of Defense aircraft on a space- of Georgia, Mr. BISHOP of Georgia, Ms. HAR- H.R. 2238: Mr. ALEXANDER. available basis for any veteran with a serv- MAN, Mr. CLYBURN, and Ms. KAPTUR. H.R. 2259: Mr. KENNEDY of Rhode Island. ice-connected disability rating of 50 percent H.R. 1306: Mr. WATT. H.R. 2327: Mr. PASTOR, Mrs. LOWEY, and Mr. or higher. The Secretary of Defense shall H.R. 1337: Mr. GARY G. MILLER of Cali- MEEK of Florida. prepare the report in consultation with the fornia, Mrs. BLACKBURN, Mr. RADANOVICH, H.R. 2349: Mr. HASTINGS of Florida. Secretary of Veterans Affairs. and Mr. EHLERS. H.R. 2350: Mr. MILLER of Florida. H.R. 1352: Ms. ZOE LOFGREN of California H.R. 2353: Mr. PENCE. H.R. 2419 and Ms. ESHOO. H.R. 2355: Mr. SODREL. OFFERED BY: MR. KING OF IOWA H.R. 1373: Mr. DELAHUNT and Mr. CUM- H.R. 2356: Ms. BERKLEY, Mr. BOSWELL, Mrs. AMENDMENT NO. 6. Page 2, line 18, after the MINGS. CHRISTENSEN, Mr. CLAY, Mr. COSTA, Mr. dollar amount, insert the following: ‘‘(in- H.R. 1380: Mr. BISHOP of Georgia. GOODE, Mr. HINCHEY, Ms. HOOLEY, Mr. MCIN- creased by $1,000,000)’’. H.R. 1397: Mr. FITZPATRICK of Pennsyl- TYRE, Mr. MILLER of Florida, Mr. NORWOOD, Page 27, line 9, after the dollar amount, in- vania. Mr. PRICE of Georgia, Mr. SESSIONS, Mr. sert the following:‘‘(reduced by $1,000,000)’’. H.R. 1399: Mr. CLAY. TOWNS, and Mr. YOUNG of Alaska. H.R. 2419 H.R. 1402: Mr. TIERNEY and Mr. DEFAZIO. H.R. 2359: Ms. SCHAKOWSKY. H.R. 1406: Mr. GORDON. H.R. 2363: Mr. ALEXANDER. OFFERED BY: MR. KING OF IOWA H.R. 1417: Mr. BLUNT. H.R. 2366: Ms. BORDALLO, Ms. JACKSON-LEE AMENDMENT NO. 7. At the end of title I (be- H.R. 1426: Ms. DELAURO. of Texas, and Mr. GUTIERREZ. fore the Short Title), insert the following:

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SEC. 5ll. Congress finds the following: (3) The report should include water surface (5) Maps delineating the floodplain infor- (1) The Secretary should provide a flood- profiles for the 10-, 50-, 100-, and 500-year mation should be produced in a high resolu- plain information report for the Missouri floods; delineation of the 100-, and 500-year tion format and be made available to the River from River Mile 498 through 811. flood boundaries, as well as the regulatory States of Nebraska, Iowa, Missouri, and (2) The floodplain information report floodway for the Missouri River, within the South Dakota in a digital format, acceptable should develop new information as well as States of Nebraska, Iowa, Missouri, and to the States. utilize information developed in the Upper South Dakota. (6) $3,000,000 should be made available for Mississippi, Lower Missouri, and Illinois Riv- (4) Products developed should include hy- the completion of the floodplain information ers Flow Frequency Study completed during drologic and hydraulic information and report. 2004 under authority of section 206 of the 1970 should accurately portray the flood hazard Flood Control Act. areas along the Missouri River floodplain.

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A PROCLAMATION RECOGNIZING A PROCLAMATION IN MEMORY OF Whereas, the 216th conducted four hundred JONATHAN OLIVITO RUDY J. ZATEZALO and fifty combat patrols and completed over three hundred and fifty missions at forty sepa- HON. ROBERT W. NEY HON. ROBERT W. NEY rate locations in north central Iraq and An OF OHIO Najaf; and OF OHIO Whereas, the 216th played a critical role in IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES improving force protection at forward operating Tuesday, May 24, 2005 Tuesday, May 24, 2005 bases and fixed check points as well as in Mr. NEY. Mr. Speaker: preparation of Iraq’s national election. Mr. NEY. Mr. Speaker: Whereas, I hereby offer my heartfelt condo- Therefore, I congratulate the Ohio National Whereas, Jonathan Olivito has devoted him- lences to the family, friends, and community of Guard’s 216th Engineer Battalion on their re- self to serving others through his membership Rudy J. Zatezalo; and ceipt of the Meritorious Unit Commendation for in the Boy Scouts of America; and Whereas, Rudy J. Zatezalo was a retired exceptionally meritorious conduct in the per- Whereas, Jonathan Olivito has shared his press operator with Wheeling Pittsburgh Steel formance of outstanding services during mili- time and talent with the community in which Corporation; and tary operations against an armed enemy. he resides; and Whereas, Rudy J. Zatezalo was a member f Whereas, Jonathan Olivito has dem- of St. John’s Catholic Church in Bellaire, the PERSONAL EXPLANATION onstrated a commitment to meet challenges Knights of Columbus, and the Bellaire Lions with enthusiasm, confidence and outstanding Club; and service; and Whereas, Rudy J. Zatezalo bravely de- HON. J. GRESHAM BARRETT Whereas, Jonathan Olivito must be com- fended our country in the Army during World OF SOUTH CAROLINA mended for the hard work and dedication he War II; and IN THE HOUSE OF REPRESENTATIVES put forth in earning the Eagle Scout Award. Whereas, the understanding and caring to Tuesday, May 24, 2005 Therefore, I join with the residents of which he gave to others will stand as a monu- Mr. BARRETT of South Carolina. Mr. Carrollton, the entire 18th Congressional Dis- ment to a truly fine person. His life and exam- Speaker, due to family obligations in South trict of Ohio, Jonathan’s family and friends in ple inspired all who knew him. Carolina, I unfortunately missed recorded congratulating Jonathan Olivito as he receives Therefore, while I understand how words votes on the House floor on Monday, May 23, the Eagle Scout Award. cannot express our grief at this most trying of 2005. times, I offer this token of profound sympathy I ask that the RECORD reflect that had I f to the family, friends, and colleagues of Rudy been able to vote that day, I would have voted J. Zatezalo. PERSONAL EXPLANATION ‘‘yes’’ on rollcall vote No. 200 (Motion to Sus- f pend the Rules and Pass H.R. 744—Internet PERSONAL EXPLANATION Spyware (I–SPY) Prevention Act of 2005), HON. TED POE ‘‘yes’’ on rollcall vote No. 201 (Motion to Sus- OF TEXAS HON. TED POE pend the Rules and Pass H.R. 29—Securely IN THE HOUSE OF REPRESENTATIVES Protect Yourself Against Cyber Trespass Act), OF TEXAS and ‘‘yes’’ on rollcall vote No. 202 (Motion to Tuesday, May 24, 2005 IN THE HOUSE OF REPRESENTATIVES Suspend the Rules and Pass H. Con. Res. Mr. POE. Mr. Speaker, due to other obliga- Tuesday, May 24, 2005 149—Recognizing the 57th Anniversary of the independence of the State of Israel). tions in my district, I unfortunately missed the Mr. POE. Mr. Speaker, due to other obliga- following votes on the House floor on Monday, tions, I unfortunately missed a recorded vote f May 23,2005. on the House floor on Thursday, May 19, A PROCLAMATION RECOGNIZING I ask that the RECORD reflect that had I 2005. TAMALA LONGABERGER been able to vote that day, I would have voted I ask that the RECORD reflect that had I ‘‘yes’’ on rollcall vote No. 200 (On Motion to been able to vote that day, I would have voted Suspend the Rules and Pass, as Amended— HON. ROBERT W. NEY ‘‘yes’’ on rollcall vote No. 196 (On Agreeing to OF OHIO the Internet Spyware (I–SPY) Prevention Act), the Amendment—prohibiting the use of funds IN THE HOUSE OF REPRESENTATIVES and rollcall vote No. 201 (On Motion to Sus- for the sale or slaughter of wild free-roaming pend the Rules and Pass, as Amended—the horses and burros.) Tuesday, May 24, 2005 Securely Protect Yourself Against Cyber Tres- f Mr. NEY. Mr. Speaker: pass Act). I strongly support these two bills Whereas, Tamala Longaberger has been because they take important steps to protect A PROCLAMATION RECOGNIZING appointed by President George W. Bush to the identity and privacy of computer users. THE OHIO ARMY NATIONAL chair the National Women’s Business Council; I also ask that the RECORD reflect that had GUARD’S 216TH ENGINEER BAT- and I been able to vote that day, I would have TALION Whereas, Tamala Longaberger will oversee voted ‘‘yes’’ on rollcall vote No. 202 (On Mo- the bipartisan federal advisory body to provide tion to Suspend the Rules and Pass, as HON. ROBERT W. NEY advice to the President, Congress, and the Amended—Recognizing the 57th Anniversary OF OHIO United States Small Business Administration of the Independence of the State of Israel). As IN THE HOUSE OF REPRESENTATIVES on economic issues important to women busi- a cosponsor of this legislation, H. Con. Res. ness owners; and 149, I congratulate Israel on its 57th Anniver- Tuesday, May 24, 2005 Whereas, Tamala Longaberger has served sary of Independence and their allegiance to Mr. NEY. Mr. Speaker: as the chief executive officer of the number the principles of freedom and democracy. Whereas, the 216th was mobilized in Janu- one maker of handmade baskets, Israel has consistently been a vital and stra- ary 2004 and supported the 1st Infantry Divi- Longaberger Company, for ten years; and tegic ally to the United States in the Middle sion in Iraq from March 2004 to February Whereas, Tamala Longaberger should be East. 2005; and commended for her service in the Newark,

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

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00176 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 11091 Ohio and surrounding areas and to the Re- PERSONAL EXPLANATION an active role in maintaining important naviga- publican Party. tion channels to secure the safety of national Therefore, I join with the residents of the en- HON. ELTON GALLEGLY commerce in addition to the many public serv- tire 18th Congressional District of Ohio in hon- OF CALIFORNIA ice engineering projects it performs in our oring and congratulating Tamala Longaberger IN THE HOUSE OF REPRESENTATIVES communities. for her outstanding appointment. Mr. Speaker, I ask my colleagues to join me Tuesday, May 24, 2005 in thanking Charles E. Walker for his service f Mr. GALLEGLY. Mr. Speaker, on Monday, to our nation and honoring him on the occa- sion of his retirement. IN SPECIAL RECOGNITION OF May 23, 2005 I was unable to vote on a mo- QUINTEN S. WISE ON HIS AP- tion to suspend the rules and pass H.R. 744, f POINTMENT TO ATTEND THE the Internet Spyware Prevention Act of 2005 (rollcall No. 200); H.R. 29, Securely Protect A PROCLAMATION HONORING UNITED STATES MILITARY ARLENE WHITBECK KRUEGER ACADEMY AT WEST POINT Yourself Against Cyber Trespass Act (rollcall No. 201); and H. Con. Res. 149, Recognizing the 57th Anniversary of the Independence of HON. ROBERT W. NEY HON. PAUL E. GILLMOR the State of Israel (rollcall No. 202). Had I OF OHIO OF OHIO been present, I would have voted ‘‘yea’’ on all IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES three measures. Tuesday, May 24, 2005 Tuesday, May 24, 2005 f Mr. NEY. Mr. Speaker: Mr. GILLMOR. Mr. Speaker, it is my great TRIBUTE TO CHARLES E. WALKER Whereas, Arlene May Whitbeck was born in pleasure to pay special tribute to an out- Albany, New York on May 21, 1921; and standing young man from Ohio’s Fifth Con- HON. C.A. DUTCH RUPPERSBERGER Whereas, Arlene Whitbeck married Robert gressional District. I am happy to announce OF MARYLAND Krueger on October 25, 1947; and that Quinten S. Wise of Waterville, Ohio has IN THE HOUSE OF REPRESENTATIVES Whereas, Arlene and Robert raised their been offered an appointment to attend the two children, John and Karen; and Tuesday, May 24, 2005 United States Military Academy at West Point, Whereas, Arlene Krueger’s professional ca- New York. Mr. RUPPERSBERGER. Mr. Speaker, I rise reer was spent in the family business, Quinten’s offer of appointment poises him to today to pay tribute to Charles E. Walker. Whitbeck Motors, in Troy, New York, where attend the United States Military Academy this Charles Walker is a Government Affairs Of- she succeeded her father as President in fall with the incoming cadet class of 2009. At- ficer with the Army Corps of Engineers and he 1965; and tending one of our nation’s military academies will be retiring this year after thirty years of Whereas, Arlene and Robert retired to Flor- is an invaluable experience that offers a world- outstanding work in the Federal service. ida in the mid-1970s, but missing their family, class education and demands the very best Charles Walker has consistently dem- now including their two grandchildren, Chris- that these young men and women have to onstrated a high level of performance through- topher and Sarah, they have returned to the offer. Truly, it is one of the most challenging out his career serving our nation, starting with New York of their roots to enjoy their golden and rewarding undertakings of their lives. his service in the United States Army. He years; and Quinten brings an enormous amount of joined the Army in 1966 and fought in the Whereas, Arlene Krueger has exemplified a leadership, service, and dedication to the in- Vietnam conflict. He left the Army in 1969 and love of life, caring, and service for her family coming class of West Point cadets. While at- returned to continue his education. and neighbors. tending Anthony Wayne High School in White- He earned his Russian Language Certificate Therefore, I join with the residents of the en- house, Ohio, Quinten has attained a grade from Leningrad University and a P.h.D. from tire 18th Congressional District of Ohio in con- point average of 3.95, which places him near West Virginia University in 1973. Prior to Viet- gratulating Arlene Whitbeck Krueger as she the top of his class of more than three hun- nam, Charles Walker had been a secondary celebrates her 84th Birthday. dred students. While a gifted athlete, Quinten school teacher in Baltimore City. He returned f has maintained the highest standards of excel- to teaching in 1973 as a History Lecturer at lence in his academics, choosing to enroll and Anne Arundel Community College and re- PERSONAL EXPLANATION excel in Advanced Placement classes through- mained there until 1974. out high school. Quinten has been a member In 1975, Charles Walker entered the Fed- HON. JIM KOLBE of the National Honor Society, Honor Roll, and eral service as a historian in the Historical Of- OF ARIZONA has earned awards and accolades as a schol- fice of the Headquarters of the Army Corps of IN THE HOUSE OF REPRESENTATIVES ar and an athlete. Engineers. He left the Corps in 1978 to be- Outside the classroom, Quinten has distin- come an aide to the Mayor of Baltimore City Tuesday, May 24, 2005 guished himself as an excellent student-ath- and returned to teaching in 1979, taking a po- Mr. KOLBE. Mr. Speaker, on May 19, I lete. On the fields of competition, he has sition as a U.S. Government instructor at Tow- missed the vote on agreeing to the Terry earned letters in both Varsity Football and son University. amendment to H.R. 2361, making appropria- Baseball. Quinten has served as class presi- Since 1980, Charles Walker has been work- tions for the Department of the Interior, envi- dent for four years and was selected as a ing exclusively as a member of the Federal ronment, and related agencies for the fiscal 2004 delegate to the American Legion’s Boys service. First as a Senior Soviet Research An- year ending September 30, 2006 (#193). I in- State. Quinten’s dedication and service to the alyst at the Library of Congress in 1980, he tended to vote ‘‘nay.’’ community and his peers has proven his abil- became a Public Affairs Specialist with the f ity to excel among the leaders at West Point. Corps of Engineers. He again left the Corps in I have no doubt that Quinten will take the les- 1982. In 1987, Charles Walker became the TRIBUTE TO MOHAMMED KHAN, sons of his student leadership with him to Public Affairs Director for the Maryland De- ADMINISTRATOR OF THE West Point. partment of the Environment. MONTACHUSETT REGIONAL Mr. Speaker, I ask my colleagues to join me In 1991, Charles Walker began his current TRANSIT AUTHORITY in congratulating Quinten S. Wise on his ap- position as a Government Affairs Officer with pointment to the United States Military Acad- the Army Corps of Engineers. His profes- HON. JOHN W. OLVER emy at West Point. Our service academies sionalism, dedication, diligence and enthu- OF MASSACHUSETTS offer the finest military training and education siasm have had a significant positive impact IN THE HOUSE OF REPRESENTATIVES available anywhere in the world. I am sure on the Corps as it serves its mission. that Quinten will do very well during his career The Baltimore District of the Corps serves Tuesday, May 24, 2005 at West Point and I ask my colleagues to join five states and helps to design and construct Mr. OLVER. Mr. Speaker, I rise today to pay me in wishing him well as he begins his serv- facilities and provide real estate services to tribute to Mohammed Khan, Administrator of ice to the nation. support America’s Army. The Corps also plays the Montachusett Regional Transit Authority,

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00177 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11092 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 May 24, 2005 in recognition of his work in meeting the needs A PROCLAMATION RECOGNIZING And author and public relations manager of transportation-disadvantaged individuals RYAN KEITH GELTMEIER Bob Williams is really a member of the Stolz throughout the Commonwealth of Massachu- family, too. setts. HON. ROBERT W. NEY Originally opened in the spring of 1940 as a Today, the Secretary of Transportation will OF OHIO summer stock company in a log stable, the award Mr. Khan and the Montachusett Re- IN THE HOUSE OF REPRESENTATIVES Old Log has entertained over 6 million patrons over the past six and a half decades. gional Transit Authority the 2005 United We Tuesday, May 24, 2005 Ride National Leadership Award from the Fed- In 1960, a new theater opened and the Old eral Interagency Coordinating Council on Ac- Mr. NEY. Mr. Speaker: Log started running year-round its stable of cess and Mobility. The Montachusett Regional Whereas, Ryan Keith Geltmeier has de- the best in contemporary comedies from Transit Authority is one of only five organiza- voted himself to serving others through his Broadway and London’s West End. tions nationwide that will be recognized this membership in the Boy Scouts of America; Theater buffs can find some of the best year for exemplary coordination of transpor- and comedic talent in the country in the Old Log’s Whereas, Ryan Keith Geltmeier has shared tation services for older adults, people with resident company of Equity actors. his time and talent with the community in disabilities, and individuals with lower in- Famous stars too numerous to mention which he resides; and comes. Through Mr. Khan’s leadership, the have started their careers at the Old Log. Whereas, Ryan Keith Geltmeier has dem- Montachusett Regional Transit Authority is Radio and TV personalities have graced its onstrated a commitment to meet challenges specifically being recognized for their Broker- stage year after year. with enthusiasm, confidence and outstanding But those of us who have been in the audi- age Services Program, a service that con- service; and ence—and we come back time and again!— tracts with approximately 160 private sector Whereas, Ryan Keith Geltmeier must be have been graced the most by the continuing vendors to provide over 11,000 rides a day. commended for the hard work and dedication excellence of the Old Log. It is not often that we are able to pay ade- he put forth in earning the Eagle Scout Award. Mr. Speaker, please join me in congratu- quate tribute to our Nation’s community lead- Therefore, I join with the residents of lating Don Stolz and the Stolz family on the ers. Mr. Khan has been a strong force for pro- Sandyville, the entire 18th Congressional Dis- 65th anniversary of the Old Log Theater. gressive, efficient public service in the area of trict of Ohio, Ryan’s family and friends in con- f transportation. It is through Mr. Khan’s humil- gratulating Ryan Keith Geltmeier as he re- ity, integrity and vision that many transpor- ceives the Eagle Scout Award. PERSONAL EXPLANATION tation-disadvantaged individuals receive qual- f ity, reliable transit services in the Common- HON. PATRICK J. KENNEDY MINNESOTA’S HISTORIC OLD LOG wealth of Massachusetts. Mr. Khan has made OF RHODE ISLAND THEATER MARKS RECORD RUN outstanding contributions to his community IN THE HOUSE OF REPRESENTATIVES and, is therefore, worthy of our thanks. OF 65 YEARS Tuesday, May 24, 2005 f HON. JIM RAMSTAD Mr. KENNEDY of Rhode Island. Mr. Speak- OF MINNESOTA er, on the evening of May 23, I missed three STOP COUNTERFEITING IN IN THE HOUSE OF REPRESENTATIVES rollcall votes. I respectfully request the oppor- MANUFACTURED GOODS ACT tunity to record my position on rollcall votes. It Tuesday, May 24, 2005 was my intention to vote: yes on H.R. 744— Mr. RAMSTAD. Mr. Speaker, I rise today to Internet Spyware (I–SPY) Prevention Act of HON. STEVEN R. ROTHMAN pay tribute to a historic Minnesota and na- 2005; yes on H.R. 29—Securely Protect Your- OF NEW JERSEY tional treasure, the Old Log Theater. self Against Cyber Trespass Act; yes on H. IN THE HOUSE OF REPRESENTATIVES The Old Log is a pioneering lighthouse in Con. Res. 149—Recognizing the 57th anniver- the history of theater in our Nation, located on sary of the independence of the State of Tuesday, May 24, 2005 the shores of Lake Minnetonka in Greenwood, Israel. Mr. ROTHMAN. Mr. Speaker, as a proud next to Excelsior, Minnesota. At this time I would ask for unanimous con- cosponsor of H.R. 32, the Stop Counterfeiting Just as Lake Minnetonka for generations sent that my positions be entered into the in Manufactured Good Act, I rise in support of has been a powerful attraction for visitors from RECORD following those votes or in the appro- this legislation. In a time when U.S. manufac- all over the world trying to escape the summer priate portion of the RECORD. turing has been tested again and again by for- heat, the rich tradition of the Old Log Theater f has been a magnet for theater fans around eign markets, we must do everything we can NARCO-TERRORISM ENFORCEMENT to ensure that this vital industry continues to the globe. On June 9th, the Old Log Theater will cele- ACT OF 2005 grow stronger. The Stop Counterfeiting in brate its 65th anniversary, a truly remarkable Manufactured Goods Act will do just that. accomplishment that is most deserving of spe- HON. HENRY J. HYDE With its two pronged approach to destroy cial recognition. equipment used to manufacture counterfeit OF ILLINOIS Mr. Speaker, the Old Log Theater, under IN THE HOUSE OF REPRESENTATIVES goods and to prohibit the trafficking of such the visionary guidance of Don Stolz, is the Na- Tuesday, May 24, 2005 goods, this legislation will save American man- tion’s oldest, continuously running professional ufacturers billions of dollars every year. Fur- theater. Mr. HYDE. Mr. Speaker, I am pleased to in- thermore, the Stop Counterfeiting in Manufac- Don is largely responsible for the Old Log’s troduce today the ‘‘Narco-Terrorism Enforce- tured Goods Act will provide the same type of legendary 65-year run. ment Act of 2005.’’ This legislation will provide protection under the law for manufacturers He has worn every hat: producer, artistic di- yet another tool for our law enforcement agen- that we now grant to copyright owners. This rector, company member, ticket seller, public cies in the struggle against global terrorism legislation is a welcome addition to the numer- address announcer, theater host and many and illicit drugs, and against those who traffick ous efforts this Congress has undertaken to more. in the illicit narcotics which help finance ter- preserve the manufacturing sector. Don’s distinguished presence, the great re- rorism. I commend Congressman KNOLLENBERG for spect he enjoys in the community and the pro- In a recent hearing before our International his interest in helping to protect manufacturing fession, and his wonderful sense of humor Relations Committee on the heroin crisis in Af- by granting law enforcement authorities the have as much to do with the success of the ghanistan, our excellent and knowledgeable tools they need to put an end to counterfeiting Old Log as any other factor. Drug Enforcement Administration (DEA) indi- practices. I urge my colleagues to support this The enduring legacy of this great theater is cated that nearly half of the U.S. Government- legislation that will not only go a long to way that, at its roots, the Old Log is a family affair. designated Foreign Terrorist Organizations in helping to preserve an American way of life, Don, his wife, Joan, and their sons, Tim, Tom, (FTOs) around the globe have links to illicit but it will also protect all Americans from the Dony, John and Peter, have acted as a team, narcotics (18 of 40). The nexus between ter- deception of counterfeit goods. filling every role. rorism and illicit narcotics grows more and

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00178 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 11093 more as evidence emerges of their common, level study for the Boise and Payette river sys- riculum and conducting workshops for teach- supportive links and as the use also increases tems. The legislation I am introducing today is ers to prepare for Black History Month. of drug trafficking routes to move both nar- the next step in the process. It is a broad au- His awards and commendations are numer- cotics and terrorists. thorization for the Bureau to conduct feasibility ous. Mr. Peters was recognized as one of In the case of the Afghan narcotics, which studies on the Snake, Boise, and Payette North America’s 100 Best Educational Admin- help finance several of the terrorist organiza- River systems. istrators by Executive Educator and has been tions that are today attacking American troops Our communities, our economy and our selected as Wisconsin’s Principal of the Year. and the new Afghan democratic government, families all depend on water to survive, grow Mr. Speaker, I ask my colleagues to join me much of the heroin produced there is supplied and prosper. Deciding how to use such a rare in paying tribute to Mr. Robert L. Peters for to Europe and Asia, not to the United States. commodity in a way that does the greatest the immeasurable service he has rendered to In cases where there is not yet any known good for the greatest number, while hewing to our country and his community. I sincerely nexus to U.S. trafficking or any domestic des- the principles of law and equity on which our thank Mr. Peters for his enduring commitment tinations here at home, our DEA agents on the society is based, is an enormous challenge. to Milwaukee’s children, and wish him a long, front line often rely on another foreign The task is further complicated, and brought enjoyable retirement. transiting nation or the producing nation itself into sharp focus, by the continuing drought f to bring indictments of these drug trafficking plaguing Idaho and much of the arid West. BUFFALO NEWS ARTICLE: CLOSE cases and proceed with difficult and chal- Our energy, our economy and our environ- BASE ON LONG ISLAND, NOT IN lenging prosecutions. ment all will depend on the ability to anticipate NIAGARA, SAYS PENTAGON OF- This bill makes clear that, even without di- and prioritize future water needs. Our children, FICIAL FROM REAGAN YEARS rect U.S. nexus, if these drugs help support or our grandchildren and generations to come all sustain a foreign terrorist organization, the are depending on the choices we make today. producers and traffickers can, and should be, Preserving water rights while providing for HON. LOUISE McINTOSH SLAUGHTER prosecuted for material support of terrorism, continued growth are a top priority of mine OF NEW YORK whether or not the illicit narcotics are ever in- and I will continue to work to achieve that IN THE HOUSE OF REPRESENTATIVES tended for, or enter, the United States. In ad- goal. Tuesday, May 24, 2005 dition, this bill raises the penalties under the f Ms. SLAUGHTER. Mr. Speaker, I rise to material support-for-terrorism statute to reflect enter into the RECORD an article that appeared IN TRIBUTE TO ROBERT PETERS, the seriousness of this offense. This bill re- in the Buffalo News on May 24. The article de- OUTSTANDING MILWAUKEE EDU- flects the new reality, emerging challenges, tails how a former Assistant Secretary of De- CATOR and ever-clearer drug links on the global ter- fense under President Ronald Reagan has rorism front. disagreed with Secretary Rumsfeld’s rec- I look forward to enacting this reform as HON. GWEN MOORE ommendation to close Niagara Falls Air Re- Congress continues its effort to provide our OF WISCONSIN serve Station. national law enforcement agencies with the IN THE HOUSE OF REPRESENTATIVES [From the Buffalo News, May 24, 2005] tools needed to win the war on global ter- Tuesday, May 24, 2005 CLOSE BASE ON LONG ISLAND, NOT IN NIAG- rorism. ARA, SAYS PENTAGON OFFICIAL FROM f Ms. MOORE of Wisconsin. Mr. Speaker, I REAGAN YEARS rise today to express my gratitude to an out- (By Jerry Zremski and Sharon Linstedt) WATER STORAGE standing leader within the Milwaukee edu- A former assistant secretary of defense cational community, Mr. Robert L. Peters. Mr. under President Ronald Reagan has rushed HON. C.L. ‘‘BUTCH’’ OTTER Peters, who worked in the Milwaukee Public to the defense of the Niagara Falls Air Re- serve Station, saying the Pentagon should OF IDAHO Schools for over thirty years, is retiring this consider closing a base on Long Island in- IN THE HOUSE OF REPRESENTATIVES month as Principal of James Madison Univer- sity High School. As an educator and prin- stead. Tuesday, May 24, 2005 Lawrence J. Korb, who oversaw personnel cipal, he made a difference in the lives of and base issues at the Pentagon from 1981 to Mr. OTTER. Mr. Speaker, If there’s one thousands of young Milwaukee residents. 1985, wrote an op-ed article for the New York thing Idahoans understand, it’s the importance Mr. Peters came to Milwaukee from Mis- Times’ Long Island regional edition Sunday of matching our limited water supplies to what sissippi. He received a B.S. cum laude from that criticized the proposed Niagara closing. seem to be unlimited demands on the water Jackson State University in 1972, earning his He urged the independent commission that we have. Every year our water supplies face M.S. shortly thereafter from the University of is reviewing the Pentagon’s base-closure rec- demands from irrigation, power generation, in- Southern Mississippi. ommendations to instead consider shutting an Air National Guard station at Francis S. dustrial and municipal users, as well as from As a principal, Mr. Peters sought to address Gabreski Airport in Westhampton Beach. environmental groups for fish recovery and long-standing problems—like discipline and at- ‘‘It should take a close look at Niagara and other Endangered Species Act requirements. tendance—in new ways. Ever an educator, he Gabreski,’’ Korb wrote. These demands are constantly growing, yet continued to teach and to develop new cur- The two bases perform different tasks. The every spring we watch hundreds of thousands ricula throughout his career as an adminis- Niagara base services a Guard unit that per- of acre-feet of water pass through our system trator. Mr. Peters developed five Milwaukee forms refueling missions and an Air Reserve Public High Schools into praiseworthy edu- unit that hauls cargo, while the Gabreski that could and should be stored for beneficial base services a search-and-rescue Guard unit. uses. This is water that could be used for aq- cational facilities, creating nurturing, safe in- Korb suggested that the search-and-rescue uifer recharge, expanding municipal systems structional environments that fostered student team be moved to Stewart Air Force Base in or even environmental mitigation. learning and academic excellence. Newburgh, north of New York City, and that I have been told that the days of building Mr. Peters is also an upstanding member of Niagara stay open for several reasons. new dams are over. However, I am not that the Milwaukee community, taking an active For one, he said, such a move would keep easily convinced. Recently I convened a group role in his church, Tabernacle Baptist Church, jobs in-state and prevent the Niagara oper- ations from being dispersed to Arkansas, of interested water users to look at additional and participating in numerous civic organiza- Maine and Georgia. storage opportunities in Idaho. The group is tions and community activities. As a member ‘‘Moreover, the Pentagon will need to focusing on the Treasure Valley, but we are of the National Association for the Advance- spend a lot just to bring Gabreski up to min- hopeful that the group can find some success ment of Colored People (NAACP), he was ac- imum standards,’’ Korb wrote. ‘‘Paradox- and we can use a similar process in other re- tive in the Annual Fund Raising Campaign. As ically, Congress allotted Niagara more than gions of the state. We are not just talking a volunteer with Project Return, he provided $14 million last year for upgrades.’’ Korb, a native of Long Island, noted that about building dams; we also are looking at counseling to local residents attempting to while Gabreski contributes about $100 mil- adding to existing structures, off-site storage, make the difficult transition from incarceration lion to Long Island’s economy, the Niagara recharge and a host of other ideas. to regular society. He found ways to integrate base generates more than $150 million. ‘‘Suf- As part of this process, the Bureau of Rec- this community leadership with his educational folk County is better positioned than Niag- lamation in Idaho is undertaking the appraisal mission, for example, by developing a cur- ara to absorb the cutbacks,’’ he said.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00179 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11094 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 May 24, 2005 In an interview, Korb said he decided to His research interests also include diseases ongoing fight against terrorism and our in- write the opinion article after reviewing the that are described as ‘‘metabolic syndromes,’’ creasingly globalized world. She has empha- Pentagon’s proposed closures. ‘‘This just which include heart disease, diabetes, hyper- sized the continuing importance of America’s doesn’t make sense’’ that Gabreski would stay open and Niagara would close, he said. tension and obesity. Chamorros, Filipinos, and relationship with Israel to the American people He said that it would be very difficult for other Asian and Pacific Islander American and its relevance to the Administration’s effort part-time air personnel from Niagara to groups in Guam suffer disproportionately from to foster democracy and respect for human travel to out-of-state bases to train and that these diseases. As the Chair of the Congres- rights and the rule of law throughout the Mid- Long Island would be better able than West- sional Asian Pacific American Caucus’s Health dle East. ern New York to withstand a base closing Task Force, I have called for the need to bet- Mr. Speaker, I ask that Secretary Rice’s ad- economically. ter understand how our communities are af- dress be placed in the RECORD, and I urge my Korb, now a senior fellow at the liberal- fected by these devastating diseases. Dr. colleagues to read and give attention to her leaning Center for American Progress in Washington, is one of Washington’s most Diego is one of the scientists who is on the thoughtful remarks. prominent and oft-quoted defense experts. front line of learning more about these dis- SECRETARY OF STATE CONDOLEEZZA RICE, RE- In another development, the Niagara Fron- eases and how they can be prevented and MARKS AT THE AIPAC ANNUAL POLICY CON- tier Transportation Authority board of com- treated in our communities. His current re- FERENCE MAY 23, 2005 missioners is throwing its support behind ef- search activities as a post-doctoral scientist at Thank you very much. Let me begin by forts to keep the Niagara Falls base open and the Southwest Foundation for Biomedical saying that Israel has no greater friend and will ask NFTA workers to do the same. Research’s Department of Genetics include no stronger supporter than the United States The NFTA board Monday unanimously ap- the statistical genetics of the metabolic syn- of America. For over half a century, AIPAC proved a resolution backing the Niagara has strengthened the religious, cultural and Military Affairs Council in its efforts to get drome in American Indians, Alaskan Natives, political bonds that unite our two great na- the base off the list for closing. and Mexican Americans of San Antonio and tions, and I thank you for that. Commissioners also approved a plan to on theoretical modeling in statistical genetics. The United States and Israel share much send letters to the NFTA’s 1,500 employees Dr. Diego’s parents are Frank Paulino Diego in common. We both affirm the innate free- asking them to write to the Base Realign- and Teresita Taitague Diego of Inarajan and dom and dignity of every human life, not as ment and Closure Commission showing their he is the youngest of six children. He grad- prizes that people confer to one another, but support for keeping the base open. uated from Guam’s Father Duenas Memorial as divine gifts of the Almighty. As Thomas ‘‘This is an important issue for the Niagara School in 1990. Jefferson once wrote, ‘‘The God that gave us Falls community and all of Western New liberty and life gave them to us at the same York. I think we need a full-court press,’’ f time.’’ said Commissioner Henry M. Sloma, who REMARKS OF SECRETARY OF Moral clarity is an essential virtue in our represents Niagara County. STATE CONDOLEEZZA RICE TO world today and for 60 years cynics and skep- ‘‘It makes a lot of sense to show support,’’ tics have proven that we have been looking NFTA Chairman Luiz F. Kahl said of the THE AMERICAN ISRAEL PUBLIC to false choices in the Middle East. They USA Niagara-led effort to amass 10,000 let- AFFAIRS COMMITTEE have claimed that we must choose either ters before a June 27 hearing in Buffalo on freedom or stability, either democracy or se- the Pentagon proposal. HON. TOM LANTOS curity. They have said that the United States could either uphold its principles or f OF CALIFORNIA advance its policies. COMMENDING VINCENT PAUL IN THE HOUSE OF REPRESENTATIVES But by trying to purchase stability at the DIEGO, PH.D. Tuesday, May 24, 2005 price of liberty, we achieved neither and we saw the result of that on a fine September Mr. LANTOS. Mr. Speaker, as my col- morning. That is why President Bush has re- HON. MADELEINE Z. BORDALLO leagues know, the American Israel Public Af- jected 60 years of false choices in the Middle OF GUAM fairs Committee (AIPAC) is holding its annual East. And as he said last week at the Inter- IN THE HOUSE OF REPRESENTATIVES policy conference in Washington this week, national Republican Institute, ‘‘The United and most of us will be receiving visits this States has a new policy, a strategy that rec- Tuesday, May 24, 2005 week from our constituents who are here for ognizes that the best way to defeat the ide- Ms. BORDALLO. Mr. Speaker, I rise today this important yearly event. ology that uses terror as a weapon is to spread freedom and democracy.’’ to recognize and commend Vince P. Diego for Yesterday, Mr. Speaker, our Secretary of The President holds the deep belief that all the completion of his Doctor of Philosophy in State, Condoleezza Rice, delivered the key human beings desire and deserve to live in Anthropology from the State University of New address on behalf of the Administration to the liberty. This idea, of course, did not imme- York at Binghamton. I had the privilege of at- AIPAC conference. Secretary Rice articulated diately find favor. Many continued to defend tending Dr. Diego’s Doctoral degree presen- in a clear and elegant manner the diverse and the false choices of the past. But we knew tation on May 14, 2005, and was extremely intense ties that bind the United States and then and we know now America’s message is impressed by the accomplishments of this our democratic ally Israel. As Secretary Rice clear, our principles are sound and our poli- promising man who hails from the village of reaffirmed as she began her speech, ‘‘Israel cies are right, and today the nations of the world are finally joining with the United Inarajan and completed his undergraduate has no greater friend and no stronger sup- States to support the cause of freedom. studies in biology at the University of Guam. porter than the United States of America.’’ We measure our success in the democratic Vince is an outstanding role model for young The strength of our relationship with Israel revolutions that have stunned the entire Chamorros in Guam and a shining example has transcended administrations and political world: vibrant revolutions of rose and orange that perseverance, dedication and excellence parties. It was a critical and an intense rela- and purple and tulip and cedar. The destiny will be recognized and rewarded. tionship from the founding of the state of Israel of the Middle East is bound up in this global One of Dr. Diego’s primary research inter- in 1948, when President Harry Truman ex- expansion of freedom. The days of thinking ests is the rare neurodegenerative disease tended U.S. recognition to the Jewish state that this region was somehow immune to de- mocracy are over. Working with our G–8 amyotrophic lateral sclerosis/Parkinsons-de- only eleven minutes after its independence partners, the United States has created the mentia complex, which has a historically high was proclaimed. This relationship has contin- Broader Middle East and North Africa Initia- prevalence in Guam where it is known as ued through 57 years and eleven presidential tive to build partnerships with people in the lytico-bodig. Dr. Diego’s ongoing research with administrations of both parties. Israel con- region who are working for greater liberty. his dissertation advisor Dr. Ralph M. Garruto tinues to enjoy strong bipartisan and bicameral The flagship of this bold new policy is the seeks to provide a greater understanding of support here in the Congress of the United Forum for the Future, an unprecedented this disease, which is one of the most compel- States. international venue to amplify the voices of ling unresolved mysteries of modem medicine. Though Israel and the United States have reform that are redefining the region. To- gether, we will tackle the urgent goals of the He would like to return to Guam after he com- had close ties for more than half a century, Forum: political openness, economic liberty, pletes his training to carry out his own re- conditions have changed, the world has educational opportunity and the empower- search on the biomedical problems of changed, and our relationship has changed ment of women. Chamorros, the indigenous people of Guam, with the times as well. Secretary Rice has put Today, nations all across the world are and other Micronesians. American-Israeli ties in the framework of our speaking a common language of reform and

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00180 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 11095 they are helping citizens throughout the estine living side by side in peace and secu- Tehran must recognize this fact. They must broader Middle East to transform the param- rity. And today, the Palestinian people are know that the energy of reform that is build- eters of debate in their societies. The people trying to meet this democratic challenge. In ing all around them will one day inspire of this region are expressing ideas and tak- January, they voted in historic elections for Iran’s citizens to demand their liberty and ing actions that would have been unthink- a leader who rejects violence as a path to their rights. The United States stands with able only one year ago. peace. President Abbas has committed to the people of Iran. Some in the Arab media have even asked both freedom and security and President President Bush has declared that advanc- why the only real democracies in the Middle Bush has offered his hand in friendship, just ing the cause of freedom is the calling of our East are found in the ‘‘occupied lands’’ of as he promised he would. time and in the broader Middle East, his Iraq and the Palestinian territories. What an In three days, when they meet together policies are expanding the scope of what incredible thought. Today, citizens in the re- here in Washington, they will build a rela- many thought possible. With our support, gion are demanding that their governments tionship that is one that is based on the good the people of the region are demonstrating respond to this simple, audacious question. faith that only democratic leaders can bring. that all great human achievement begins And many states will have to answer their The President will be clear that there are with free individuals who do not accept that people’s call for genuine reform. Jordan and commitments to be met, that there are goals the reality of today must also be the reality Bahrain and Qatar and Morocco are all tak- to be met, but that democracy is a goal that of tomorrow. Of course, there will always be ing steps to introduce greater openness into is unassailable and incontrovertible. cynics and skeptics who hold the misguided their political systems. Egypt has amended Prime Minister Sharon has also recognized belief that if they can not see their goal, its constitution with electoral reform. And that Israel is gaining a legitimate partner then it cannot be possible. They will try to even Saudi Arabia has held multiple elec- for peace and he has made courageous deci- elevate their cynicism by calling it realism tions. And just last week, remarkably, the sions that could change the course of his- and they will criticize all who echo the stir- Kuwaiti legislature granted its women citi- tory. Beginning in August, Prime Minister ring words of Theodore Hertzel, ‘‘If you will zens the right to vote. Sharon will implement his plan to withdraw it, it is no dream.’’ Kuwait’s recognition that it must include from Gaza and parts of the West Bank. In 1776, cynics and skeptics could not see all of its people in political life is, hopefully, Israel’s disengagement strategy presents an an independent America, so they doubted an example that its neighbors will follow. In unprecedented and incredibly delicate oppor- that it could be so. They saw only 13 colonies Lebanon, hundreds of thousands of citizens tunity for peace and we must all work to- that could never hang together and would have demanded an end to the foreign suffo- gether to capitalize on this precious mo- surely hang separately. But there were oth- cation of their country. With strong inter- ment. ers who had a vision, a vision of the United national support, led by the United States To strengthen our present opportunities, States as a free and great nation, a democ- and by France, and with an explicit mandate all nations must meet their obligations. racy, and one day, a complete multiethnic from the United Nations Security Council, Israel must take no actions that prejudice a society. With perseverance, the American Syria has gotten the message loud and clear final settlement or jeopardize the true via- people made that vision a reality. In 1948, that it is not welcome in Lebanon. bility of the Palestinian state. And Israel cynics and skeptics could not see the prom- The Syrian regime has withdrawn its dec- must help to create the conditions for the ise of Israel, so they doubted it, said it could ades-long military presence. And at the end emergence of that democratic state. never be fulfilled. They saw only a wounded of this month, the Lebanese people will go to The Palestinian Authority must advance and wandering people beset on all sides by the polls and set a new course of action. But democratic reform and it must dismantle all hostile armies. we cannot rest. Syria must also remove its terrorist networks in its society. But there were those who had another vi- Arab states must end incitement in their intelligence forces and allow the Lebanese sion, a vision of a Jewish state that would media, cut off all support for terrorism and people to be free. shelter its children, defend its sacred home- extremist education, and establish normal To be sure, a vital source of inspiration for land, turn its desert soil green and reaffirm relations with Israel. all of these reformers comes from the people To nurture our present opportunity, Presi- the principles of freedom and democracy. of Iraq, who defied threats of murder to vote dent Bush proposed and the Quartet nations With courage, the Israeli people made that in free elections in January. They declared endorsed the appointment of James vision a reality. with one voice that the will of the people, Wolfensohn as Special Envoy for Gaza Dis- Today, cynics and skeptics cannot see a not the whim of a dictator, would determine engagement. Jim Wolfensohn will help the democratic Middle East, so they doubt that Iraq’s future. They declared with that same Israelis and Palestinians coordinate on non- it is a realistic goal. They focus only on the voice that no Iraqi regime would ever again military aspects of their disengagement, in- despotism that has shaped the region’s past torture its people, invade its neighbors, at- cluding disposition of assets and revitaliza- and still defines much of its present. But la- tack its neighbors and offer financial incen- tion of the Palestinian economy. dies and gentlemen, make no mistake, free- tives to Palestinian homicide bombers. To protect our present opportunity, Presi- dom is on the march in Afghanistan and Iraq Today, Iraq has a transitional government dent Bush has sent General William Ward to and in Lebanon and in Georgia and Ukraine that will soon begin framing a new national help the Palestinians reform their security and Kyrgyzstan and in the Palestinian terri- constitution. Free nations everywhere have services. General Ward is also coordinating tories. rallied to Iraq’s side. There is a coalition of all international security assistance to the Yes, it is hard and progress is uneven. 30 countries helping the Iraqi people to de- Palestinians, including training and equip- There are violent men who will stop at noth- fend themselves from murderers and terror- ment. ing to prevent democracy’s rise. Yet people ists. NATO is training Iraq’s army officers, To expand our present opportunity, the all across the Middle East today are talking police forces and civilian administrators. United States has greatly increased our fi- and demonstrating and sharing their vision And next month, at the request of Iraq’s new nancial assistance to the Palestinian people. for a democratic future. Many have given government, the United States and the Euro- We are pledging $350 million to help the Pal- their very lives to this noble purpose. pean Union will co-host an international estinians build the free institutions of their The United States and Israel must defend conference to build greater support for de- democratic state. This is an unprecedented the aspirations of all people who long to be mocracy, prosperity and security. contribution to the future of peace and free- free. And with our unwavering support, we Now, I speak to these reform efforts be- dom in the Middle East. can help to make the promise of democracy cause the United States looks to a future Yes, this past year has brought forth a dra- a reality for the entire region. Thank you and has a vision of a day when Israel is no matic shift in the political landscape of the very much. longer the sole democracy in the Middle Middle East. But this moment of trans- f East. This aspiration shapes the very heart formation is very fragile and it still has com- of our approach to the Israeli-Palestinian mitted enemies, particularly the Govern- NORTH SAN DIEGO COUNTY AREA conflict as well. For four years, President ment of Iran, which is the world’s leading WATER RECYCLING PROJECT Bush refused to meet with Yasser Arafat. He sponsor of terrorism. did so because Arafat valued neither Israel’s The United States has focused the world’s security nor his own people’s liberty. attention on Iran’s pursuit of weapons of HON. RANDY ‘‘DUKE’’ CUNNINGHAM There were those who ridiculed this prin- mass destruction. And along with our allies, OF CALIFORNIA cipled decision as if the refusal to negotiate we are working to gain full disclosure of IN THE HOUSE OF REPRESENTATIVES with a man who aided and abetted terrorism Iran’s efforts to obtain nuclear weapons. The somehow revealed a lack of concern for world must not tolerate any Iranian attempt Tuesday, May 24, 2005 peace. America and Israel had tried before to to develop a nuclear weapon. Nor can it tol- gain peace where democracy did not exist erate Iran’s efforts to subvert democratic Mr. CUNNINGHAM. Mr. Speaker, I am intro- and we are not going down that road again. governments through terrorism. ducing legislation today that will authorize the Instead, President Bush advanced a vision Ladies and gentlemen, the Middle East is U.S. Bureau of Reclamation to continue to of two democratic states: Israel and Pal- changing and even the unelected leaders in participate in the construction of the North San

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00181 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11096 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 May 24, 2005 Diego County Area Water Recycling Project Born in Mexico in 1910, Sgt. Lopez’s mother valor, Sgt. Lopez remained a modest man which also includes, as a new component, died when he was 8 leaving him an orphan who later told the San Antonio Express-News Phase II of the Olivenhain Water Treatment since he never met his father. He then worked in 2001, ‘‘You learn to protect the line and do Plant. This project is very important in the a series of hardscrabble jobs and eventually the best you can with the ammunition you overall water supply plan in my Congressional made his way to the Rio Grande Valley where have, and I did it.’’ District and I am proud to offer this legislation a family took pity on him and let him sleep in Later, Sgt. Lopez served during the Korean that will assist in its further development. their shed. Later, he rode trains across Amer- War, and undertook a variety of jobs within the The North San Diego County Water Recy- ica and in Atlanta, a bigger man antagonized Army including overseeing a motor pool. He cling Project is a regional cooperative effort by Sgt. Lopez until he fought and thoroughly retired in 1973, yet continued to be physically the San Elijo Joint Powers Authority, the whipped his larger opponent. Coincidentally, a active as he jogged until he was 88 and only Leucadia County Water District, the City of boxing manager happened to see the incident gave up seeing a trainer three months ago. Carlsbad and the Olivenhain Municipal Water unfold and realized potential even though it He was a committed family man whose be- District. When completed, the project will add was packaged in a 5’5’’, 130 lb. frame and loved wife passed away in February of last up to 5 billion gallons annually to the San began training Sgt. Lopez. Rechristened Kid year. As his son John Lopez said ‘‘He was a Diego region’s local water supply. With years Mendoza, he went on to a professional record great hero, without being a hero around his of drought, exploding growth rates and Califor- of 52 wins and 3 losses and later recounted family.’’ He is survived by five children, 19 nia’s reduced intake of Colorado River water, meeting Babe Ruth as the highlight of his ca- grandchildren, and 10 great grandchildren. this recycled water has become vital to the re- reer. This quintessential American story reaffirms gion and it is extremely important that the In 1936, Sgt. Lopez joined the U.S. Mer- my belief in our nation as a beacon for those project is completed to its full potential. chant Marines and later worked a number of willing to work and sacrifice to improve their In addition to the benefits to the San Diego other maritime jobs. Once, he found himself lot in life no matter how meager and humble County region, numerous federal objectives adrift on a cargo ship without food except for one’s beginning may have been. are advanced through the development of the bananas. After the start of World War II, Sgt. f Lopez enlisted in the Army and was among North County Water Recycling Project. The TRIBUTE TO THE NEW MICHIGAN the troops who hit the beaches at Normandy project will directly reduce the surrounding re- CHAPTER OF JUSTICE FOR CHIL- a day after D-Day commenced. Sgt. Lopez gion’s demand for imported water from the en- DREN AND DIRECTOR, CHIP ST. was wounded as a bullet nicked his hip and vironmentally sensitive California Bay/Delta CLAIR and will help California live within its 4.4 mil- as he told Bill Moyers in 1990 for a PBS docu- lion acre-feet allocation of water from the Col- mentary ‘‘I was really very, very afraid. I want- orado River. The project will also reduce the ed to cry, and we saw other people laying HON. JOE KNOLLENBERG OF MICHIGAN amount of effluent discharged into coastal wounded and screaming and everything, and IN THE HOUSE OF REPRESENTATIVES waters and advance D.S./Mexico border envi- there’s nothing you could do. We could see ronmental initiatives. them groaning in the water, and we had to Tuesday, May 24, 2005 The legislation I offer today will increase the keep walking.’’ And, he kept going despite his Mr. KNOLLENBERG. Mr. Speaker, today I overall authorization ceiling for this project fears until he found himself at another of join the people of the 9th Congressional Dis- from $20 million to $35 million within the Bu- World War II’s turning points, the Battle of the trict and the State of Michigan in announcing reau of Reclamation’s Title XVI program. It is Bulge. the opening of the Michigan Chapter of Justice important to note that the majority of the funds On December 17th, 1944 shortly after the for Children. JFC is the only nonprofit corpora- necessary to construct this project are coming sun rose, Sgt. Lopez and his troops in Com- tion formed to save at risk unprotected chil- from local sources which represent a heavy fi- pany K were outside Krinkelt, Belgium when dren who have been physically abused or ne- nancial burden on local agencies. Federal par- the Germans launched their last-ditch offen- glected. ticipation will help make this innovative water sive which came to be known as the Battle of Justice for Children intervenes on behalf of supply project a reality. the Bulge. Patrolling in advance of Company abused children when child protection agen- Mr. Speaker, I ask that this legislation be K, Sgt. Lopez heard a tank which he assumed cies and courts fail to protect them. They help given prompt consideration. was Allied since a soldier hundreds of yards children whose cases have been closed by f away failed to alert him otherwise. Carrying a Children’s Protective Services before help has Browning machine gun, he jumped into a shal- been provided and have no Court Appointed HONORING MASTER SERGEANT low hole when he realized the tank was a Ger- Special Advocate or who even with CASA JOSE M. LOPEZ man Tiger and the troops following it were support, are on the verge of being sent back German. Concerned for his men, he opened to an abusive home. HON. CHARLES A. GONZALEZ fired even though he was exposed from the Last year Mr. Chip St. Clair, a Rochester OF TEXAS waist up. First, he killed the 10 soldiers Hills resident, called the JFC National Office in IN THE HOUSE OF REPRESENTATIVES arrayed around the tank. After the tank fired Houston and said he wanted to make some- three shell blasts that knocked him over and thing good arise from his childhood of abuse Tuesday, May 24, 2005 left him concussed, Sgt. Lopez got to his feet and violence. Becoming a regional director for Mr. GONZALEZ. Mr. Speaker, today I rise again and cut down 25 more soldiers until he JFC fulfills that desire and the abused children to honor a true American hero even though saw that the advancing Germans would soon of Michigan now have an ardent advocate to that title is far too often overused. Master Ser- outflank his position. He lugged his machine save them from the life he had to endure as geant Jose M. Lopez of San Antonio passed gun to a fall back spot and fired again. Offi- a child. away on May 16th of this year at the age of cers witnessing the scene stopped counting Mr. St. Clair was a victim of terrible abuse 94 which in and of itself is remarkable but when the death toll reached 100. After delay- at the hands of his father—Michael Grant— even more so when one learns of this amaz- ing the German onslaught for precious min- who was a convicted child murderer. That ing man’s story. Sgt. Lopez was the nation’s utes, Sgt. Lopez dashed into the forest while murder took place in 1970 in Indiana. Grant oldest living Hispanic Medal of Honor winner dodging enemy fire until he rejoined the men escaped from the Indiana State Penitentiary in for his valor during the Battle of the Bulge in he had saved. The American forces in Krinkelt 1973 with the aid of the woman who would World War II. Sgt. Lopez represents the best burrowed in and forced the Germans to by- become Chip’s mother. St. Clair was born in of us and stands as a shining example of self- pass the town. 1975 and did not discover that his father was lessness and sacrifice. His Medal of Honor citation commended his a murderer until 1998 when he was 23 years Perhaps it should not be a surprise Sgt. ‘‘seemingly suicidal missions in which he killed old. Lopez distinguished himself in battle since he at least 100 of the enemy . . . [and which] ‘‘I emptied the glass which was full of horror often told one of his granddaughters, June were almost solely responsible for allowing stories of my childhood and began filling that Pedraza, ‘‘Fear is the one thing that will hold Company K to avoid being enveloped, to with- glass with nobility and honor. Joining JFC and you back in life.’’ Living that credo time and draw successfully and to give other forces helping abused children represents a major again throughout his life, Sgt. Lopez faced and coming up in support time to build a line which step in the Journey of Justice which began on overcame seemingly insurmountable odds. repelled the enemy drive.’’ Despite his obvious that fateful day in 1998,’’ said St. Clair.

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00182 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 11097 Justice for Children has been acclaimed by Kaufman VFW from 1976–1978, and later as sioned defender after hearing tales of horror the American Bar Association, jurists from Post Commander of the American Legion, under the Fascist state. around the country, national television net- Hamlet P. Jones Post #165 from 1981–1986. In March 1944, Mr. Speaker, the Germany works, news programs, and bipartisan con- In 1990, John earned the Meritorious Service army invaded Hungary, and Adolf Eichmann gressional leaders for its work on behalf of Award from the American Legion, and in 1997, arrived in Budapest to supervise the deporta- abused and neglected children. Today we he was recognized by the VFW for his 55 tion of Hungarian Jews to the Nazi death honor the Michigan Chapter of Justice for Chil- years of membership. camps. At the request and with the support of dren and Director, Chip St. Clair for their dedi- President Calvin Coolidge once said, ‘‘The the United States government, Raoul cation to help abused and neglected children. nation which forgets its defenders will itself be Wallenberg arrived in Budapest in June of f forgotten.’’ As a veteran, John understood that 1944. Over the following six months, he be- better than most Americans, and throughout came a legend at saving Jewish lives, and his RECOGNIZING THE RETIREMENT his life he did his very best to ensure that our remarkable heroism and creative efforts are OF RUSSIAN CHESS CHAMPION nation never forgets the sacrifices that our sol- now repeated with respect and awe around GARRY KASPAROV diers, sailors, marines and airmen made to de- the world. fend our freedom. When the Soviet Army finally liberated Bu- HON. CHRISTOPHER COX As the Congressional representative for the dapest in January 1945, Wallenberg believed, OF CALIFORNIA Fifth District of Texas, today I would like to or at least hoped, that he was finally safe, and IN THE HOUSE OF REPRESENTATIVES honor the life of John Rex de Vlaming, Jr. and he went to the headquarters of the Soviet mili- the outstanding work he did on behalf of our tary command in eastern Hungary to report on Tuesday, May 24, 2005 nation’s veterans. conditions in Budapest and to ask for food and Mr. COX. Mr. Speaker, I wish to take a mo- f medicine for the surviving victims. The Soviet ment to honor the world’s greatest chess play- officers did not believe his story. They were er, Garry Kasparov, on the occasion of his re- THE 60TH ANNIVERSARY OF THE convinced that he was an American spy. He tirement. DISAPPEARANCE OF RAOUL was arrested on January 17, 1945, and he To chess enthusiasts around the world, WALLENBERG has never been officially heard from since that Garry Kasparov’s announced retirement from day. professional chess comes as an enormous TOM LANTOS Mr. Speaker, the Russians have never pro- disappointment. By the standards of inter- OF CALIFORNIA vided a full and complete account of the dis- national chess he is the greatest chess player IN THE HOUSE OF REPRESENTATIVES appearance of Wallenberg. Numerous of all time. His retirement at the relatively Tuesday, May 24, 2005 sightings of him within the brutal Soviet gulag youthful age of 41 raises questions about were reported for decades after his untimely unfulfilled possibilities. But given his legendary Mr. LANTOS. Mr. Speaker, later this week, disappearance in Hungary. These sightings achievements, we can only stand in profound the distinguished Swedish Ambassador to the raise serious doubts about the official Soviet admiration. He is a true champion. United States, His Excellency Jan Eliasson, position that he died of a heart attack in a Throughout his career, Garry Kasparov has will give a briefing to members of the Con- prison near Moscow in 1947. been a champion of human rights as well. He gressional Human Rights Caucus on the life- In February of this year, 2005 the Israeli has been resolutely committed to the freedom saving humanitarian work of Swedish citizen Knesset honored Wallenberg by officially of Russia and all of her citizens, and to the re- Raoul Wallenberg. granting him the title of ‘‘Righteous Among the placement of the grisly legacy of Soviet com- Mr. Speaker, this is a particularly appro- Nations’’ (‘‘Righteous Gentile’’). President munism with genuine democracy, free speech, priate time for us to recall Wallenberg’s sac- Moshe Katzav and Prime Minister Ariel Shar- freedom of the press, religious liberty, and the rifices to serve his fellow man. Earlier this on spoke with great eloquence about his he- rule of law. As chairman of Committee 2008: month, we celebrated the 60th anniversary of roic and selfless actions. Many close family Free Choice, Mr. Kasparov is leading a natural the end of World War II in Europe, and shortly members were present for the wonderful event coalition of concerned Russians dedicated to before that we marked Yom HaShoah, the honoring this great man. safeguarding democratic institutions in that Day of Holocaust Remembrance. In January Last October, the city of San Francisco in country. It is a task worthy of his considerable the United Nations General Assembly held an my congressional district extended honorary ability. extraordinary session to mark the 60th anni- citizenship to Wallenberg, just as the United Mr. Speaker, for over a decade I have had versary of the liberation of Auschwitz and States by Act of Congress did 23 years ear- the privilege of calling Garry Kasparov a good other Nazi concentration camps during World lier. Raoul Wallenberg is the second person friend. I know that everyone in this chamber War II. after Sir Winston Churchill to receive honorary shares with me their good wishes for his con- This year also marks the 60th anniversary United States citizenship. His bust, which was tinued success, of gratitude for all that he has of the disappearance of Raoul Wallenberg. placed in the United States Capitol Building, is given of himself and to make the world a bet- After courageously saving the lives of tens of seen by tens of thousands of visitors to our ter place. thousands of people in Budapest during the Capitol every year. f Holocaust, Wallenberg was arrested by Soviet Mr. Speaker, as we mark the 60th anniver- troops in January 1945 and disappeared into sary of the triumph of the democracy and free- HONORING JOHN REX DE the Soviet gulag. His action during the Holo- dom over Nazi brutality and horror, I invite my VLAMING, JR. caust in Hungary led the Israeli Knesset to be- colleagues to join with me in commemorating stow upon him the title ‘‘Righteous Among the the heroic actions of Raoul Wallenberg. His HON. JEB HENSARLING Nations’’ (‘‘Righteous Gentile’’). gift to the world is not merely the tens of thou- OF TEXAS Born in August 1912 in Stockholm, Sweden, sands of lives he saved, but as important is IN THE HOUSE OF REPRESENTATIVES Raoul Gustav Wallenberg, could have lived the inspiration he is to so many people around out his life in luxury and relative obscurity as Tuesday, May 24, 2005 the world. a member of one of Sweden’s most prominent f Mr. HENSARLING. Mr. Speaker, today, I families. At the University of Michigan in 1935, would like to honor the memory of John Rex he earned a bachelor’s degree in architecture TRIBUTE TO STEVEN SIYI HAO de Vlaming, Jr. who passed away earlier this with honors, as well as a medal for his out- year at the age of 85. A distinguished Navy standing academic record. After returning to HON. ZOE LOFGREN veteran of World War II, John was instru- Sweden from America, he worked for the fam- OF CALIFORNIA mental in organizing and planning the Kauf- ily business selling building supplies in South IN THE HOUSE OF REPRESENTATIVES man County Veteran’s Memorial Park currently Africa, and he worked in a bank in Haifa, in under construction in Kaufman. what is now Israel. Tuesday, May 24, 2005 John was a lifetime member of the Veterans In Haifa on the eve of World War II, he met Ms. ZOE LOFGREN of California. Mr. of Foreign Wars (VFW) and the American Le- many Jews who had escaped the horrors of Speaker, I rise today to recognize Steven Siyi gion, serving as the Post Commander of the Hitler’s Germany, and he became an impas- Hao for his prize winning entry in the 56th

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00183 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11098 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 May 24, 2005 Intel International Science and Engineering Bow one head; say one prayer; lay one TRIBUTE TO PETE REYES Fair. flower; remember one soldier; and may we all Last week, over 1,400 pre-college students give thanks to God and honor Veterans today. HON. JOE BACA participated in the Intel International Science OF CALIFORNIA and Engineering Fair in Phoenix. Students f IN THE HOUSE OF REPRESENTATIVES from several countries submitted entries in Tuesday, May 24, 2005 hopes that they would win a portion of the $3 HONORING ALLISON MORGAN AND million in scholarships, tuition grants, intern- HER FOURTH GRADE CLASS- Mr. BACA. Mr. Speaker, Mr. COSTA and I ships and scientific field trips given away. This MATES AT THE CRANBERRY rise to pay tribute to Mr. Pete Reyes, who is annual competition awarded six of nine Bay PINES SCHOOL IN MEDFORD, NJ being honored this weekend as an Eagle Area students for their entries, three of whom Award winner by the Adelante foundation. Mr. reside in San Jose. Reyes is an individual of great distinction, and Steven is a 17 year old student from Silver HON. ROBERT E. ANDREWS we join with family and friends in honoring his remarkable achievements and expressing Creek High School. His project titled, ‘‘The Ef- OF NEW JERSEY fects of Oxidative Damage on Protein Trans- great pride in the honor that is to be bestowed lation Efficiency’’ studied the negative effects IN THE HOUSE OF REPRESENTATIVES on him. Mr. Reyes has devoted his life to helping of oxygen-free-radicals on protein production Tuesday, May 24, 2005 and DNA. His entry won him a paid summer students through his chosen profession in internship at an Agilent Technologies site. Mr. ANDREWS. Mr. Speaker, I recently vis- education. He has been an incredible resource The Intel International Science and Engi- ited the Cranberry Pines School in Medford, to the Clovis Unified School District and con- neering Fair promotes education and creativity NJ, where I met with a group of exceptional tinues to work every day to improve the school in a way that is vital to a youth’s development. fourth graders. They expressed to me their in- community. These types of activities encourage students terest in saving wild horses from being slaugh- For the past 38 years, Mr. Reyes has dedi- cated himself to educating the young minds of to explore the fields of science and engineer- tered. One exceptional young girl, Allison Mor- tomorrow and is currently serving the Fancher ing. This kind of innovation will drive the gan, wrote me a letter about this issue which Creek Elementary School as Principal. In this United State’s economy into the future. Being I have included below. I encourage my col- capacity, he has been an integral contributor from Silicon Valley, I fully understand the im- leagues in Congress to support this important to the management and administration of the portance and impact that these studies have cause. school, as well as leading the school to nu- on America’s prosperity. DEAR CONGRESSMAN ANDREWS, Lately, I’ve I am proud to stand here today and recog- merous awards in excellence in performance. been hearing things on the news about how Through his tenure as an educator, Mr. nize Steven for his accomplishments. I urge so many wild horses are being slaughtered. Reyes has exhibited kindness, love, humility, him and youth alike to continue to take inter- You probably know that. You probably also and a deep resolve to ameliorate all aspects est in these fields, and lead the United States know that millions of people are concerned. of community life, so it is only appropriate that Well, I’m one of those people. I think wild in its development of science and engineering he receive this award from Adelante. exploration. horses deserve some help. Let’s make laws to save these spectacular creatures. Horses We join with family and friends in thanking f have rights, too! him for his 38 years of service. He is a symbol LIVING WORD BAPTIST CHURCH There are many reasons why we should of all that is good in his profession and an in- MEMORIAL SERVICE IN HONOR protect the wild horses. First, the wild spiration to all that know him. OF SERVICE MEN AND WOMEN, horses have helped us in many ways. We rode And so, Mr. Speaker, we salute Mr. Pete PRESENT AND PAST them in wars, and they helped us win those Reyes. We express admiration in his career wars. Also, Paul Revere rode a horse to warn and hope that others may recognize his good HON. MICHAEL C. BURGESS us if the British were coming by land or sea. works in the community. If he had to walk, he’d be too late for his f OF TEXAS message to matter. In addition, horses IN THE HOUSE OF REPRESENTATIVES helped us get mail across the country in the IN RECOGNITION OF LINCOLN Tuesday, May 24, 2005 Pony Express. They helped people all over PARK HIGH SCHOOL the country communicate. Last, horses Mr. BURGESS. Mr. Speaker, and so it was helped us get places. Without them, we’d said by Pericles, the Athenian leader some 24 have to walk a long way. HON. RAHM EMANUEL OF ILLINOIS centuries ago, ‘‘Not only are they commemo- Besides for helping us, horses deserve to be IN THE HOUSE OF REPRESENTATIVES rated by columns and inscriptions, but there saved for another reason. That reason is that dwells also an unwritten memorial of them, they are animals too; they deserve rights. Tuesday, May 24, 2005 graven not on stone but in the hearts of men.’’ First, horses never did things that annoyed Mr. EMANUEL. Mr. Speaker, I rise today in Those words resonate true today as they us. We kill these poor, innocent creatures. proud recognition of Lincoln Park High School, did centuries ago. Above all, I am awed by a Second, do you think animals want to die? recently selected by Newsweek Magazine as Well, they don’t; do you? Third, we treat greater sense of pride and appreciation for our one of America’s best high schools. fallen soldiers and those serving abroad. We horses like dust in the wind. I bet you don’t want to be dust in the wind. Last, how would Lincoln Park High School, formerly named approach this day with solemn affirmations of you like it if horses started slaughtering us? Robert A. Waller High School, has served the the sacrifices of our brave men and women, students and families of Chicago’s North Side and in celebration for every joy and freedom We’ve treated the wild horses horribly for so long, now they are in danger of becoming for over 100 years. Lincoln Park High School bestowed to us from the Almighty. extinct. First, people sometimes kill wild provides its students with exciting opportuni- This day was born of human necessity and horses just for fun. Next, in 1860 we had two ties for academic, athletic and artistic growth, the answer to an overwhelming desire to million wild horses. By 1970 there were only while instilling values that will serve its stu- honor those who have given the ultimate sac- 17,000 left. The horse population dropped dra- dents throughout their lives. rifice so that we may live not with fear, but matically then, it might do the same now. The students at Lincoln Park High School with hope. No matter where he or she has Last, ranchers use wild horses to round up have established an impressive record of aca- served, a soldier stands in place for you, for cattle. Wild horses round up their herd all demic achievement. Eighty-seven percent me, for us as a country and for freedom ev- the time, so rounding up cows is easy for ofthe school’s 2004 graduates enrolled in a them. They can guess where a cow will move erywhere. before it even turns. Domestic horses don’t college or university. Lincoln Park High School May they always be honored for their com- have that ‘‘cow sense.’’ currently has 8 National Merit Semi-Finalists in mitment and respected for their bravery. For 2005, and has had more National Merit Semi- Horses are amazing animals and deserve to the stance taken by each man and woman is live. Without them, so many things would be Finalists over the last 15 years than all other written down in the archives of history. The different. So please, make laws to save these Chicago Public Schools combined. stories and memories shape our vision of the amazing animals—the wild horses. Students at Lincoln Park High School enjoy world and provide footsteps for future genera- Sincerely, the support of strong parent and alumni asso- tions. ALLISON M. MORGAN. ciations which take an active role in over 60

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00184 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 11099 extra curricular activities and clubs. Commu- IN HONOR OF MATTHEW W. TRIBUTE TO COACH JOE SOLTERO nity partnerships with institutions such as Chil- FREEMAN dren’s Memorial Hospital, Charlie Trotter’s HON. JOE BACA Restaurant and the Lincoln Park Zoo also pro- OF CALIFORNIA vide learning opportunities outside of the HON. MICHAEL C. BURGESS IN THE HOUSE OF REPRESENTATIVES classroom in a wide range of disciplines. OF TEXAS Tuesday, May 24, 2005 These activities and experiences teach stu- IN THE HOUSE OF REPRESENTATIVES Mr. BACA. Mr. Speaker, Mr. COSTA and I dents the importance of academic achieve- rise to pay tribute to Coach Joe Soltero who Tuesday, May 24, 2005 ment while also providing a balanced perspec- has coached Little League in Delano, CA for tive on life that promotes responsibility, justice Mr. BURGESS. Mr. Speaker, I rise today to over 37 years. By receiving the Adelante and social service. pay tribute to a man, like so many others in Eagle Award, Coach Soltero is being recog- Mr. Speaker, Lincoln Park High School is a our Nation, who were truly American: Matthew nized for his years of selfless service to his shining example of public education at its Walden Freeman. community and it gives us great pleasure to acknowledge his years as a coach and mentor best. I am proud of the students, faculty and Although I did not personally know Mid- to the students of Delano. families of Lincoln Park High School and I shipman Matthew Freeman, I knew of his Coach Soltero is an exceptional individual wish them continued success in the coming valor and patriotism. His passing is somberly who has not only devoted his life to helping years. remembered by those who knew him best. A the Delano community at-large but has also senior at the U.S. Merchant Marine Academy been an important pillar of support for genera- f in New York, Matt had shown a dedication to tions of children. His kindness and passionate service his entire life. A graduate of Ryan High spirit render him a vital resource and a be- TRIBUTE TO TERIK DALY School in Denton, Matt was honored to be loved member of his community. awarded status as an Eagle Scout. As a little league coach, he instilled the val- ues of teamwork, dedication and persever- While Midshipman Freeman was not acti- HON. ZOE LOFGREN ance. He is an inspiration to those who know vated, he was a reservist and served as Navy OF CALIFORNIA him and influenced countless people with his Second Class. During his time at the Acad- work ethic and love of teaching. He has been IN THE HOUSE OF REPRESENTATIVES emy, Midshipman Freeman devoted time and an integral contributor to his community, as effort into helping others. The Superintendent Tuesday, May 24, 2005 well as an active participant and positive influ- of the U.S. Merchant Marine Academy ence on the lives of his little league players. Ms. ZOE LOFGREN of California. Mr. (USMMA) issued an Academy Achievement During his 30-plus years, Coach Soltero has Speaker, I rise today to recognize Terik Daly Ribbon for Meritorious Service to Matt for his played in 16 championships, winning 12 of for his prize winning entry in the 56th Intel waterborne rescue and relief efforts following them. He taught the values of sportsmanship International Science and Engineering Fair. the terrorist attack on the World Trade Center and winning humbly. in New York City. As an Emergency Medical And so, Mr. Speaker, we salute Coach Joe Last week, over 1,400 pre-college students Technician (EMT) Matt interfaced with the Soltero. We join with family and friends in hon- participated in the Intel International Science midshipmen volunteers who manned Academy oring his incomparable accomplishments and and Engineering Fair in Phoenix. Students vessels used to ferry firefighters, rescue per- congratulate him on this well-deserved award. from several countries submitted entries in sonnel and emergency equipment throughout f hopes that they would win a portion of the $3 New York Harbor in support of the New York million in scholarships, tuition grants, intern- City Fire Department’s emergency operations. TRIBUTE TO DAVID I. MARASH– WHITMAN ships and scientific field trips given away. This He personally participated in three watch tours annual competition awarded six of nine Bay and spent over 40 hours on the scene. As an Area students for their entries, three of whom EMT, he provided first-aid services to fire- HON. ZOE LOFGREN reside in San Jose. fighters working ashore near the disaster and OF CALIFORNIA Terik is a 15-year-old student from Oak to midshipmen rescue personnel traveling IN THE HOUSE OF REPRESENTATIVES Grove High School. His project titled, ‘‘The aboard Academy vessels. He also helped Tuesday, May 24, 2005 manage the EMT watch throughout the Acad- Derivation and Interpretation of Geochemical Ms. ZOE LOFGREN of California. Mr. Ratios Generated by Meteoritic Impact’’ de- emy’s operation and assisted with their blood Speaker, I rise today to recognize David I. rived meteor composition by examining chem- drive on 9/11. Marash-Whitman for his prize winning entry in ical composition of granite before and after im- Along with the 89 other midshipmen partici- the 56th Intel International Science and Engi- pact. His entry won him a fourth-place prize pants, he displayed the highest levels of lead- neering Fair. ($500) in earth science; $8,000 tuition scholar- ership, professionalism and compassion and Last week, over 1,400 pre-college students ship from Office of Naval Research (on behalf served as an inspiration to his peers during participated in the Intel International Science of U.S. Navy and Marine Corps). the difficult days of the rescue and recovery and Engineering Fair in Phoenix. Students operation. Through his unselfish service, Mid- from several countries submitted entries in The Intel International Science and Engi- shipman Freeman brought great credit to the hopes that they would win a portion of the $3 neering Fair promote education and creativity Regiment of Midshipmen during a time on na- million in scholarships, tuition grants, intern- in a way that is vital to a youth’s development. tional crisis and served as role model to his ships and scientific field trips given away. This These types of activities encourage students fellow midshipmen, the 4th class in particular. annual competition awarded six of nine Bay to explore the fields of science and engineer- His actions were in keeping with the highest Area students for their entries, three of whom ing. This kind of innovation will drive the traditions of the Regiment of Midshipmen and reside in San Jose. United State’s economy into the future. Being the USMMA. He received a citation for out- David is a 13-year-old student from Kehillah from Silicon Valley, I fully understand the im- standing performance in support of Operation Jewish High School. His project, titled ‘‘Design portance and impact that these studies have Guarding Liberty, following the attack on WTC. for Biodegradation: Harnessing Natural Decay on America’s prosperity. by Managing Physical and Chemical Dynam- Today, we honor Matt Freeman for his com- ics’’ investigated optimal nitrogen-carbon ra- I am proud to stand here today and recog- mitment to America. I want you to know, on tios, moisture and aeration for increasing the nize Terik for his accomplishments. I urge him behalf of a grateful Nation, we say, ‘‘Thank rate and total degradation of compost. His and youth alike to continue to take interest in you.’’ He will always be remembered for his entry won him a second-place prize ($1,500) these fields, and lead the United States in its kindness and generosity to others, and may in environmental sciences. development of science and engineering ex- he serve as a role model for others in the fu- The Intel International Science and Engi- ploration. ture. neering Fair promotes education and creativity

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00185 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11100 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 May 24, 2005 in a way that is vital to a youth’s development. Maui, Moloka‘i, and O‘ahu), it has grown into planned to make a career with the Army. Un- These types of activities encourage students one of Hawai‘i’s most successful service agen- fortunately, on May 8, 2005, he was fatally to explore the fields of science and engineer- cies and has been instrumental in improving wounded during an attack by Iraqi insurgents. ing. This kind of innovation will drive the the quality of life for our Native Hawaiian com- During his career with the Army, Steven set United States’ economy into the future. Being munity from early childhood to ku¯puna (elder- a standard of excellence and displayed the from Silicon Valley, I fully understand the im- ly) programs. These include a range of serv- qualities of discipline, devotion, and dedication portance and impact that these studies have ices and activities such as economic develop- to country that are the hallmarks of men and on America’s prosperity. ment, business assistance, employment prep- women throughout the long and distinguished I am proud to stand here today and recog- aration, training, library services, and edu- history of the American military. nize David for his accomplishments. I urge cational and childcare services for families While serving his country with all his ability, him and all youth alike to continue to take in- with young children, all tailored to the specific Steven also showed great concern and charity terest in these fields, and lead the United often unique, needs of Hawai‘i’s indigenous for those he fought to liberate, frequently ask- States in its development of science and engi- people. Current services include: Ho‘okahua— ing his friends and family back at home to neering exploration. Early Childhood; Ho‘olo¯kahi—High Risk Re- send toys and snacks for the children in Iraq. f duction; Ho‘oma¯nea ‘O¯ iwi—Education and As he left for his second tour he told his fam- Employment; Ka Ipu Ka¯‘eo—Education and ily, ‘‘I can do something,’’ and he truly did. HONORING THE CIRCLE OF HOPE Training; Ku¯lia Like—Financial Literacy and This dedication to devote his life to serving his AWARD NOMINEES Kumu Kahi—Elderly Services. country and his concern and charity towards Throughout its thirty years, Alu Like has the children are a telling sign of what kind of HON. MICHAEL C. BURGESS served more than 100,000 people, and con- man Steven was. This young man has shown OF TEXAS tinues to form strong partnerships with other America and the world the values and ideals IN THE HOUSE OF REPRESENTATIVES service providers. To increase its outreach to our great country stands for. It is appropriate for us to pause and thank Tuesday, May 24, 2005 our community, Alu Like has also worked closely and collaboratively to expand its com- God that there are still young men like Steven, Mr. BURGESS. Mr. Speaker, I rise today to mitment to education and language preserva- whose life personified the very best America recognize the service and commitment of tion through its Native Hawaiian Library and to has to offer. Sherry Davidoff, Morgan Harvard and Julianna community service through its AmeriCorps Mr. Speaker, as you can imagine, south Tisdale. These individuals have shown great Project. Alabama is truly morning the loss of this fine dedication and loyalty in mentoring and mak- As always, the success of any organization young man. I urge my colleagues to take a ing a difference to those in need of it most. requires strong and sustained leadership from moment to pay tribute to Army Specialist Ste- Ms. Davidoff, Ms. Harvard, and Ms. Tisdale its staff and board of directors, and Alu Like ven Ray Givens and his selfless devotion to were recently honored by The Colleyville has benefited greatly from a whole generation not only our country and the freedom we Woman’s Club at the annual Youth Volunteer of such leaders. These include its vision- enjoy, but to a people who are in the infant Service Awards with the Circle of Hope aries—Myron ‘‘Pinky’’ Thompson, Alvin Shim, stages of a new life—a new freedom—in their Award. This prestigious award recognizes James Bacon, Yukio Naito, David Peters, and own land. youth who have demonstrated laudable public Winona Ellis Rubin—and directors over the We should remember his wife, Cayssia service throughout their community. The self- years, as well as its Presidents/CEOs, who Givens, and his two-year-old son, his parents, less way in which they serve as mentors and have included: Winona Ellis Rubin, Myron Joyce and Mike McDuffie, and his other family volunteers speaks volumes to their loyalty and ‘‘Pinky’’ Thompson, David Helela, Masaru members and many friends. Our prayer is that adherence to better assist those who require Oshiro, S. Haunani Apoliona, and Tara Lulani God will give them all the strength and cour- it most. It is the noble efforts of individuals Arquette. age that only He can provide to sustain them such as the aforementioned that improve our Under the current leadership of Mervina during the difficult days ahead. community and strengthen America. K.M. Cash-Kaeo, President/CEO, I have every f It is with great honor that I stand here today confidence that Alu Like will continue to be a to recognize these ladies who have dedicated leading service organization in its promotion of IN SPECIAL RECOGNITION OF DAN- their young lives to assisting others. Their con- social and economic self-sufficiency for all Na- IEL R. BORCHERDT ON HIS AP- tribution and services should serve as an in- tive Hawaiians. But today is a time for us sim- POINTMENT TO ATTEND THE spiration to others in their field and those who ply to reflect on the great success of our Alu UNITED STATES MILITARY wish to make a positive difference in the lives Like ‘ohana (family), all of whom deserve our ACADEMY AT WEST POINT of others. praise and commendation for a job truly well f done. HON. PAUL E. GILLMOR Mahalo, and aloha! OF OHIO THE 30TH ANNIVERSASRY OF ALU IN THE HOUSE OF REPRESENTATIVES LIKE, INC. f IN HONOR AND MEMORY OF Tuesday, May 24, 2005 HON. ED CASE SPECIALIST STEVEN RAY GIVENS Mr. GILLMOR. Mr. Speaker, it is my great OF HAWAII pleasure to pay special tribute to an out- IN THE HOUSE OF REPRESENTATIVES HON. JO BONNER standing young man from Ohio’s Fifth Con- gressional District. I am happy to announce Tuesday, May 24, 2005 OF ALABAMA IN THE HOUSE OF REPRESENTATIVES that Daniel R. Borcherdt of Archbold, Ohio has Mr. CASE. Mr. Speaker, I take this oppor- been offered an appointment to attend the tunity to recognize and congratulate a remark- Tuesday, May 24, 2005 United States Military Academy at West Point, able organization, Alu Like, Inc., as it marks its Mr. BONNER. Mr. Speaker, just over ten New York. 30th anniversary of service to my Hawai‘i’s days ago the First Congressional District of Daniel’s offer of appointment poises him to Native Hawaiian community. Alabama and indeed, our entire state and na- attend the United States Military Academy this Alu Like, which means ‘‘striving (working) to- tion, said goodbye to another casualty of war fall with the incoming cadet class of 2009. At- gether,’’ was established in 1975 to promote in Iraq. tending one of our nation’s military academies social and economic self-sufficiency among Army Specialist Steven Ray Givens, a na- is an invaluable experience that offers a world- Native Hawaiians. The organization was given tive of Houston, Texas, and a longtime resi- class education and demands the very best its name by kupuna Mary Kawena Pukui, and dent of Mobile, Alabama, had recently volun- that these young men and women have to its motto, ‘‘E alu like mai ka¯kou, e na¯ ‘o¯iwi o teered for a second tour of duty in Iraq after offer. Truly, it is one of the most challenging Hawai‘i’’ (Let us work together natives of having already completed an earlier 14-month and rewarding undertakings of their lives. Hawai‘i), by kupuna Edith Kanaka‘ole. tour. Steven, a member of the Third Infantry, Daniel brings an enormous amount of lead- Now with 238 employees located throughout Third Brigade, of Fort Benning, Georgia, re- ership, service, and dedication to the incoming the State of Hawai‘i (Hawai‘i, Kaua‘i, La¯na‘i, turned to Iraq in mid-January, 2005, and had class of West Point cadets. While attending

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00186 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 11101 Archbold High School in Archbold, Ohio, Dan- been damaged or that a disorder such as a those lessons, her already well-known laugh- iel has attained a grade point average of 3.80, tumour had grown and the system was ter earned her the nickname ‘‘KeeKee’’ em- which places him near the top of his class of mobilising to fight it. bodying the sound of her continuous and in- Dr. Vyvyan Howard, a senior lecturer on more than one hundred students. While a gift- human anatomy and cell biology at Liver- fectious laugh. ed athlete, Daniel has maintained the highest pool University, called for the publication of As she grew up, Ms. Foote developed a standards of excellence in his academics, the full study, saying the summary gave reputation for spreading joy both through her choosing to enroll and excel in Advanced ‘‘prima facie cause for concern’’. laugh and through her altruistic nature. Wheth- Placement classes throughout high school. In Dr. Michael Antoniu, an expert in molec- er helping wallpaper her parent’s bedroom, addition, Daniel has earned awards and acco- ular genetics at Guy’s Hospital Medical caring for her ailing mother or donating her lades as a scholar and an athlete. School, described the findings as ‘‘very wor- time to her church, Helen Foote was the very Outside the classroom, Daniel has distin- rying from a medical point of view’’, adding: model of selfless dedication. In fact, her be- ‘‘I have been amazed at the number of sig- guished himself as an excellent student-ath- nificant differences they found [in the rat ex- nevolence eventually led Hope Memorial St. lete. On the fields of competition, Daniel has periment].’’ Mark United Methodist Church to name her excelled in Varsity Basketball where he was Although Monsanto last night dismissed Mother of the Year in 2004. And as a mother selected as First-Team All Ohio. Daniel’s dedi- the abnormalities in rats as meaningless and of five daughters, one stepdaughter, 10 grand- cation and service to the community and his due to chance, reflecting normal variations children, 5 step-grandchildren, 9 great-grand- peers has proven his ability to excel among between rats, a senior British government children, 6 step-great-grandchildren and 1 the leaders at West Point. I have no doubt source said ministers were so worried by the great-great-grandchild, that award was well- that Daniel will take the lessons of his student findings that they had called for further in- formation. earned. leadership with him to West Point. Environmentalists will see the findings as The daughter of a Reverend, religion always Mr. Speaker, I ask my colleagues to join me vindication of British research seven years remained a pivotal aspect of Ms. Foote’s fam- in congratulating Daniel R. Borcherdt on his ago, which suggested that rats that ate GM ily life. At a young age she attended Chews appointment to the United States Military potatoes suffered damage to their health. United Methodist Church in Owensville, Mary- Academy at West Point. Our service acad- That research, which was roundly denounced land. In her later years she became a member emies offer the finest military training and edu- by ministers and the British scientific estab- of Hope Chapel now referred to as Hope Me- cation available anywhere in the world. I am lishment, was halted and Dr. Arpad Pusztai, morial St. Mark United Methodist Church. It the scientist behind the controversial find- sure that Daniel will do very well during his ca- ings, was forced into retirement amid a huge was here Ms. Foote served as a Communion reer at West Point and I ask my colleagues to row over the claim. Steward, an Usher and a member of the join me in wishing him well as he begins his Dr. Pusztai reported a ‘‘huge list of signifi- United Methodist Women. service to the nation. cant differences’’ between rats fed GM and Today you can still find Ms. Foote doing the f conventional corn, saying the results strong- things she loves best: working in her yard, ly indicate that eating significant amounts cooking meals for her family, rooting for her FDA AND GENETICALLY of it can damage health. The new study is beloved Baltimore Orioles, and, occasionally, ENGINEERED FOODS into a corn, codenamed MON 863, which has wallpapering a bedroom. been modified by Monsanto to protect itself against corn rootworm, which the company Helen Foote is truly a blessing to all she en- HON. DENNIS J. KUCINICH describes as ‘‘one of the most pernicious counters. She is an inspiration, a foundation OF OHIO pests affecting maize crops around the for the young and dedicated, and a distin- IN THE HOUSE OF REPRESENTATIVES world’’. guished and divine family woman. Helen Tuesday, May 24, 2005 Now, however, any decision to allow the Foote is truly a woman of strength and I am corn to be marketed in the UK will cause honored to rise today and honor her in this Mr. KUCINICH. Mr. Speaker, I wish to bring widespread alarm. The full details of the rat Congress. the following article to the attention of my col- research are included in the main report, f leagues. We must continue to challenge the which Monsanto refuses to release on the FDA’s assumption that all genetically engi- grounds that ‘‘it contains confidential busi- THE FAIR LAND TRANSFER ness information which could be of commer- COMPENSATION ACT OF 2005 neered food is safe. cial use to our competitors’’. [From the Independent, May 22, 2005.] A Monsanto spokesman said yesterday: ‘‘If REVEALED: HEALTH FEARS OVER SECRET any such well-known anti-biotech critics had HON. ELEANOR HOLMES NORTON STUDY INTO GM FOOD doubts about the credibility of these studies OF THE DISTRICT OF COLUMBIA they should have raised them with the regu- (By Geoffrey Lean) IN THE HOUSE OF REPRESENTATIVES lators. After all, MON 863 isn’t new, having Rats fed on a diet rich in genetically modi- been approved to be as safe as conventional fied corn developed abnormalities to internal Tuesday, May 24, 2005 maize by nine other global authorities since organs and changes to their blood, raising Ms. NORTON. Mr. Speaker, today I am in- 2003.’’ fears that human health could be affected by troducing the Fair Land Transfer Compensa- eating GM food. f tion Act, a bill for fee simple transfer of certain The Independent on Sunday can today re- federal lands to the District of Columbia to veal details of secret research carried out by THE 85TH BIRTHDAY OF HELEN Monsanto, the GM food giant, which shows COLLINS FOOTE provide partial in-kind compensation for the that rats fed the modified corn had smaller federally imposed structural balance docu- kidneys and variations in the composition of HON. FORTNEY PETE STARK mented in a 2003 GAO report to be ‘‘between their blood. OF CALIFORNIA $470 million and up to more than $1.1 billion.’’ According to the confidential 1,139-page re- My bill would transfer 65.73 acres of land in IN THE HOUSE OF REPRESENTATIVES port, these health problems were absent from Southeast Washington, D.C. known as Res- another batch of rodents fed non-GM food as Tuesday, May 24, 2005 ervation 13 and the parcel known as Poplar part of the research project. OYER Point, also in Southeast. The bill introduced The disclosures come as European coun- Mr. STARK. Mr. Speaker, Mr. H and I tries, including Britain, prepare to vote on rise today to honor Helen Foote, a woman of today would assist in providing the compensa- whether the GM-modified corn should go on faith, family, a selfless spirit and infectious tion that would be authorized by H.R. 1586, sale to the public. A vote last week by the laughter. the Fair Federal Compensation Act (FFCA) in- European Union failed to secure agreement Ms. Foote was born to the late Reverend troduced by the bipartisan House regional del- over whether the product should be sold Benjamin Collins and Henrietta Collins in egation and me in April. The FFCA would au- here, after Britain and nine other countries South River, Maryland. One of eight children, thorize an annual federal contribution of $800 voted in favour. Helen received her education in a one-room million (to increase annually with the con- However, the disclosure of the health ef- fects on the Monsanto rats has intensified school and spent her free time like most chil- sumer price index) to partially compensate the the row over whether the corn is safe to eat dren, fishing, hunting and picking apples from city and relieve a dangerous structural imbal- without further research. Doctors said the the trees in a nearby orchard. On Sundays, ance. changes in the blood of the rodents could in- Helen and her cousins spent time learning the The extensively documented GAO report dicate that the rat’s immune system had art of playing the piano. It was here, during confirming exclusive federal responsibility for

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00187 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11102 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 May 24, 2005 the District’s structural imbalance and the bi- have been fully acknowledged and are no Monthly and The Jewish Press on issues as partisan sponsorship of the FFCA demonstrate longer debatable. In addition to the definitive varied as the Holocaust, Islam and Jewish and the need for federal action. However, neither GAO report and the findings of the District’s Communal affairs and has also lectured exten- the administration nor the Congress has re- Chief Financial Officer, the details are reported sively. Carolynne, originally from Toronto, sponded, despite the District’s continuing ap- in two other studies (McKinsey, March 2002, Canada, comes from a distinguished family prehension and repeated introduction of the requested by the Federal City Council con- active in Jewish and Communal affairs both in FFCA. Today’s bill providing valuable land to sisting of regional business representatives; Toronto and Houston, Texas where she spent partially compensate the District would mark and Brookings, October 2002, led by Alice her formative years. A known expert on med- the first significant federal response to the Rivlin, former director of the CBO and of the ical reimbursements, she serves as billing FFCA. OMB). manager at New Rochelle Radiology. The District of Columbia has had adminis- According to the GAO, the only available Mr. Speaker, I have been fortunate to wit- trative control of Reservation 13, a GSA prop- options to eliminate the federally imposed def- ness the revitalization of the National Council erty, for 150 years and has used the parcel for icit are ‘‘to expand the District’s tax base or to of Young Israel (NCYI). Nationally, the Depart- the D.C. General Hospital, the District of Co- provide additional financial support.’’ The bill I ments of Synagogue and Rabbinic Services lumbia jail, and other public facilities. Poplar introduce today will ‘‘expand the District’s tax and the Women’s Division and the Youth De- Point is a strip of land owned by the National base,’’ creating a continuing revenue stream partment provide Young Israel congregations Park Service but has never been developed because ownership will allow the District to get with much appreciated support. When an Or- for use as a park. the highest and best use of valuable land thodox synagogue needs assistance, NCYI is The transfer authorized in this bill has sev- through its own development initiative. I ask known as the organization to contact. On the eral advantages for the District and for the that the House begin the process of compen- international scene, NCYI is at the forefront of federal government: an immediate benefit in sating the District for the federal deficit carried speaking out in support of the State of Israel, partial payment that the District has long by the city by enacting the Fair Land Transfer and to ensure the return of Israel’s soldiers sought from the federal government to com- Compensation Act. who are missing in action. NCYI has spear- pensate the city for the structural imbalance; f headed a campaign to provide the Israel De- satisfaction, through the transfer of valuable fense Forces with Torah Scrolls for its troops federal land, of some of the responsibility the A TRIBUTE TO RABBI LEONARD who are in mobile and isolated posts. NCYI GAO reports that the federal government AND MRS. CAROLYNNE GUTTMAN has delivered over 100 Torah scrolls and has bears for the District’s structural imbalance; not only facilitated but also encouraged many the highest and best use for underused land HON. EDOLPHUS TOWNS other individuals and organizations to do the that the District desires for mixed uses that OF NEW YORK same. are unavailable if the District continues to IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I believe it is incumbent upon have administrative control but not ownership; Tuesday, May 24, 2005 this body to recognize the accomplishments of a continuing revenue stream in the nature of Rabbi & Mrs. Guttman for their outstanding ef- an annual contribution from investments the Mr. TOWNS. Mr. Speaker, I rise today to forts in the betterment of the Jewish commu- District will be able to attract following transfer recognize the National Council of Young Israel nity and the City of New York. of the land; and compliance with the Federal Shofar Award recipient Rabbi Leonard f Property Act (FPA) requirement that the fed- Guttman and his wife, Carolynne, and pay trib- eral government receive value for the transfer. ute to their involvement and commitment to HONORING JACK HORKHEIMER The bill requires an appraisal and estimates of the Young Israel movement and to worldwide FOR HIS OUTSTANDING CON- the financial benefit to the District that are Jewry. TRIBUTION TO THE SOUTH FLOR- necessary to determine the extent to which Rabbi Leonard B. Guttman, Esq. is an As- IDA COMMUNITY the bill would reduce the federal government’s sistant Vice President for Intergovernmental responsibility for the structural deficit. Relations at the New York City Health and HON. ILEANA ROS-LEHTINEN The federal government has never used the Hospitals Corporation, the largest public health OF FLORIDA parcels in my bill, and has no intention of system in the United States. His prime respon- IN THE HOUSE OF REPRESENTATIVES doing so. At the same time, the District is un- sibility is to serve as an advocate in Wash- Tuesday, May 24, 2005 able to get value from this strategically located ington for New York’s publicly funded hospitals land in the city. Achieving maximum use of and its over 1.3 million patients. While new to Ms. ROS-LEHTINEN. Mr. Speaker, I am available sites located in the nation’s capital, the Young Israel Ohab Zedek of North River- happy to pay tribute to Jack Horkheimer, the where the federal government owns and occu- dale-Yonkers, in 1988–1989 he worked at the Executive Director of the Miami Space Transit pies the most valuable land, is essential to National Council of Young Israel where one of Planetarium. For over 25 years, Jack has maintaining the financial stability of the District his responsibilities was serving as editor of the been a pioneer in the advancement of science of Columbia. Young Israel Viewpoint. He has also been an exploration and discovery. This bill would compensate the District for adjunct Professor at the Borough of Manhat- Jack Horkheimer has worked diligently some of the costs responsible of the structural tan Community College and Touro College throughout his tenure at the Miami of Science imbalance which include the federal removal and an Assistant Commissioner of the New to enhance and transform planetarium presen- from the tax rolls of more than 40 percent of York City Department for the Aging. From tations. He is best known as the creator, pro- District’s land for federal and other purposes; 1994–1996, he served as First Deputy Com- ducer and host of the television show, ‘‘Star services provided by the District to 200,000 missioner/General Counsel at the New York Hustler/Star Gazer,’’ that has been shown federal employees, notwithstanding a ban on City Commission for the United Nations and weekly for over 25 years. His sign-off motto, taxation of commuters, most of whom are fed- Consular Corps. He often worked behind the ‘‘Keep Looking Up,’’ has become familiar to eral employees; and the District’s responsi- scenes to help Israel and Jewish individuals many. Mr. Horkheimer has appeared on major bility for several state costs, although the city who are suffering. television and radio networks, and has led is not a state and lacks the broad tax base of Rabbi Guttman is active in a vast array of several solar eclipse expeditions, as well as a state. non-profit organizations. Among these activi- the first Halley’s Comet Chase. Presently, Mr. The costs to the District to cover this struc- ties, he serves on the Board of the American Horkheimer is assisting associates position a tural deficit are unsustainable. Among the Friends of the Sanz Laniado Medical Center telescope on the International Space Station. most serious are the city’s debt service, the (Netanya, Israel), which awarded him and his In January 2001, the International Astro- highest in the country; its taxes, among the wife its Community Service Award in May nomical Union renamed ‘‘Asteroid 1999 FD,’’ highest; and deferral of major capital improve- 2000, and also on the board of the Metropoli- the asteroid that orbits between Mars and Ju- ments for vital facilities such as schools and tan Council of the American Jewish Congress. piter, to ‘‘Asteroid Horkheimer’’ in honor of his for roads, a major factor inhibiting economic Since 1997, Rabbi Guttman has quietly taught contributions to astronomy. Mr. Horkheimer and population stability and growth. a Torah class at the United Nations for its has also received the Outstanding Achieve- The existence, source and danger of the Judaica Club. He has published articles in ment Award from the Astronomical League, as structural deficit imposed by federal mandates Midstream, New York Affairs, Congress well as the 12 Good Men Award presented to

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00188 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 May 24, 2005 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 11103 him by the Ronald McDonald House. In May Mr. Speaker, in closing, I would like to con- ical Storm Jeanne and Hurricane Ivan. Polit- 2000, he was awarded an Honorary Doctorate gratulate Mr. Stern on receiving this award. ical oppression and human rights violations Degree by the International Fine Arts College, His significant contributions are much appre- are rife in Haiti while poverty and homeless- and was also the recipient of the Klumpke- ciated and greatly admired. I call upon my col- ness have become the norm for too many in- Roberts Award from the Astronomical Society leagues to join me in honoring Mr. Stern and nocent people. To return a Haitian national ofthe Pacific. He is the Founding Member of wishing him the best of luck in all future en- back to Haiti is not only morally unjustifiable, the International Planetarium Society, co-editor deavors. but poses a severe threat to their personal of ‘‘The Planetarium,’’ and past editor of f safety. ‘‘Southern Skies,’’ If you don’t take my word, then ask, U.S. In addition, Mr. Horkheimer has established IN RECOGNITION OF COLORADO Secretary of State Condoleeza Rice. On several annual scholarship funds for young HISTORY DAY WINNERS March 11, 2005 the U.S. Department of State students, providing them the opportunity to issued a travel warning to U.S. Citizens, warn- study astronomy. HON. JOHN T. SALAZAR ing them of the ‘‘absence of an effective police Mr. Speaker, many in my home state of OF COLORADO force in much of Haiti, the potential for looting, Florida have benefited immeasurably from Mr. IN THE HOUSE OF REPRESENTATIVES the presence of intermittent roadblocks set by Horkheimer’s leadership and involvement in Tuesday, May 24, 2005 armed gangs or by the police, and the possi- our community. My daughters are among bility of random violent crime, including kid- many South Floridians that have had the Mr. SALAZAR. Mr. Speaker, I rise today to napping, car-jacking, and assault.’’ The De- unique opportunity to visit this exceptional fa- recognize Caitlyn Darnell and all the other stu- partment of State’s Consular Information cility. It is truly an asset to our community, and dents who will represent Colorado in the Na- Sheet states, ‘‘There are no ‘‘safe areas’’ in I encourage my colleagues in the House to tional History Day competition from June 12– Haiti.’’ As a result, ‘‘U.S. Citizens should avoid pay tribute to Mr. Jack Horkheimer. 16, 2005. travel to Haiti at this time.’’ f Caitlyn placed second in the Colorado His- At a time when current U.S. policy is to tory Day competition with her dramatic per- compel its own citizens not to travel to Haiti, HONORING SAUL STERN, RECIPI- formance ‘‘Anne Sullivan: Reaching Behind it is unjust to return Haitian nationals to this ENT OF THE PROJECT INTER- Closed Doors,’’ which chronicles the life of the type of dangerous situation. To return a Hai- CHANGE AM YISRAEL CHAI great teacher who taught Helen Keller to com- tian national back to Haiti where there is ongo- AWARD municate. ing violence and a devastating environmental National History Day is a year-long edu- situation would pose a severe threat to one’s HON. TOM DAVIS cation program for middle and high school stu- personal safety. Both Democrats and Repub- OF VIRGINIA dents across the nation. Students produce licans have mentioned the history of blatant IN THE HOUSE OF REPRESENTATIVES documentaries, dramatic performances, exhib- discrimination and mistreatment of Haitians in its, or research papers related to the annual Tuesday, May 24, 2005 the immigration process. Therefore, the time theme. They then compete in a series of local has arrived for us to offer some much-de- Mr. TOM DAVIS of Virginia. Mr. Speaker, I and state competitions, with the very best trav- served compassion and effective action on the rise today to honor Saul Stern who will receive eling to the national competition. behalf of our loyal friends. the Project Interchange Am Yisrael Chai I would like to recognize Caitlyn and all the My legislation would designate Haiti under Award on May 25, 2005 at the Park Hyatt students representing the state of Colorado for section 244 of the Immigration and Nationality Hotel in Washington, DC. their excellence and hard work. These extraor- Act in order to render nationals of Haiti eligible This award is presented by Project Inter- dinary students represent educational excel- for temporary protected status. In light of the change to Mr. Stern to honor his contribution lence in America. I would also like to recog- political, civil, and governmental crisis and to the organization. Project Interchange is the nize the students’ teachers, whose support tragic conditions caused by the recent environ- only national organization solely dedicated to and dedication have encouraged students like mental disasters in Haiti, my legislation would providing educational seminars in Israel for Caitlyn to strive for excellence. make nationals of Haiti eligible for temporary America’s policy and opinion makers. With ex- f protected status. ceptional leadership, Mr. Stern has guided I ask for my colleagues’ support and urge INTRODUCTION STATEMENT OF more than 3,500 prominent Americans, includ- the House Leadership to bring it swiftly to the THE HONORABLE ALCEE L. HAS- ing Members of Congress, congressional House floor for consideration. TINGS FOR THE HAITI COMPAS- aides, state officials and other community f leaders to experience Israel through intensive SION ACT seminars. These seminars allow political and PERSONAL EXPLANATION civil leaders to witness democracy at work in HON. ALCEE L. HASTINGS Israel and to provide an understanding to the OF FLORIDA HON. JOHN LEWIS complex challenges that face that country. IN THE HOUSE OF REPRESENTATIVES OF GEORGIA The Project Interchange Am Yisrael Chai IN THE HOUSE OF REPRESENTATIVES Award recognizes Mr. Stern’s contribution to Tuesday, May 24, 2005 the Jewish community including his work in Mr. HASTINGS of Florida. Mr. Speaker, I Tuesday, May 24, 2005 advocating Jewish interests, strengthening rise today to introduce the Haiti Compassion Mr. LEWIS of Georgia. Mr. Speaker, I was public support for Israel, building ties with Act. Do our colleagues know that before Haiti unable to cast rollcall votes No. 176 through other faith, minority, and ethnic groups and es- had even achieved its own independence in 199 on May 17 through 19, 2005 because I tablishing a framework for social action for 1804, 500 Haitian troops joined American was attending to a personal matter. Had I over six decades. colonists in an attempt to drive the British from been present I would have cast the following Mr. Stern has served as a life-long civic Savannah, Georgia? In that one battle, Hai- votes: On rollcall No. 176, I would have voted leader and truly believes in the mission of tians made up the largest military unit to fight ‘‘yes’’; on rollcall No. 177, I would have voted Project Interchange. In his own words, he be- in the 1779 siege. Haiti demonstrated through ‘‘no’’; on rollcall No. 178, I would have voted lieves the eyewitness experience in Israel is noble action and sacrifice its loyal friendship to ‘‘yes’’; on rollcall No. 179, I would have voted one of the most effective ways to understand the United States more than 225 years ago. It ‘‘yes’’; on rollcall No. 180, I would have voted the value of the U.S.-Israel relationship. While is now time for Congress to do the responsible ‘‘yes’’; on rollcall No. 181, I would have voted Mr. Stern has impacted the Jewish Community thing and protect the lives and well-being of ‘‘no’’; on rollcall No. 182, I would have voted at the international and national level, he is those who have stood by us for centuries. ‘‘no’’; on rollcall No. 183, I would have voted also extremely influential in local Jewish and The year 2004 was a debilitating and tragic ‘‘yes’’; on rollcall No. 184, I would have voted secular community associations. He has year for Haiti and her people. Haiti remains ‘‘yes’’; on rollcall No. 185, I would have voted served as an advisor and a dependable col- severely devastated by the combined effects ‘‘no’’; on rollcall No. 186, I would have voted league to local elected officials, business lead- of ongoing political turmoil and the aftermath ‘‘yes’’; on rollcall No. 187, I would have voted ers, academicians and community activists. of the natural disasters of 2004, such as Trop- ‘‘yes’’; on rollcall No. 188, I would have voted

VerDate Sep 11 2014 14:05 Jan 25, 2017 Jkt 000000 PO 00000 Frm 00189 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK8\NO_SSN\BR24MY05.DAT BR24MY05 11104 EXTENSIONS OF REMARKS, Vol. 151, Pt. 8 May 24, 2005 ‘‘yes’’; on rollcall No. 189, I would have voted search work in the field of magnetic recording, Another of his key inventions is laser ‘‘yes’’; on rollcall No. 190, I would have voted which have led to a number of technological texturing of a selective area of the disc sur- ‘‘no’’; on rollcall No. 191, I would have voted breakthroughs. face. This enabled the recording head to fly ‘‘no’’; on rollcall No. 192, I would have voted Dr. Ranjan has led the effort in the next closer to the medium surface and enabled in- ‘‘no’’; on rollcall No. 193, I would have voted generation of perpendicular media technology creased areal density. This also enabled a ‘‘no’’; on rollcall No. 194, I would have voted that is destined for the market place in the faster take-off of the head and reliable landing ‘‘yes’’; on rollcall No. 195, I would have voted near future. His focus is in the field of low of the head during power on/off. The net result ‘‘no’’; on rollcall No. 196, I would have voted noise media. Prior to the mid-1980s, industry is higher areal density and a more reliable and ‘‘yes’’; on rollcall No. 197, I would have voted recorded information on oxide media. These safer drive. Over a billion disc-drives have ‘‘no’’; on rollcall No. 198, I would have voted media had limitations to attaining high areal been sold with laser-textured media. ‘‘yes’’; on rollcall No. 199, I would have voted density (recording density per unit area). One Rajiv holds over 54 U.S. patents, many of ‘‘no.’’ proposed alternative was sputtered thin-film them currently used in data-storage products. f media, but the media had high-levels of media noise. Rajiv, along with his team, dem- Dr. Rajiv Ranjan has devoted his life to en- HONORING DR. RAJIV RANJAN onstrated low-noise possibilities for thin film rich and advance society through technology, media. and his contribution deserves to be honored to HON. ZOE LOFGREN This work led to an industry-wide transition serve as an inspiration. OF CALIFORNIA to sputtered thin-media. These low-noise I am proud that Dr. Rajiv Ranjan lives in the IN THE HOUSE OF REPRESENTATIVES media led to a tremendous increase in areal 16th Congressional District where he is an ac- density and resulted in lower cost data storage tive and respected member of his community Tuesday, May 24, 2005 products, followed by a wider usage in the as well as an admired scientist. Please join Ms. ZOE LOFGREN of California. Mr. personal computers. These products are now me, Mr. Speaker, in offering our congratula- Speaker, I rise to recognize the achievements being incorporated into consumer electronic tions for his success and our admiration for of Dr. Rajiv Ranjan and would like to honor his products, such as MP3 players, PDA, cell- his leadership both in technology and the arts, extraordinary contributions and pioneering re- phones and more. but also in his family and community.

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